Evening Star Newspaper, January 6, 1935, Page 16

B—2 # SIBMA CH ARSON | OPINIONS DIFFER | Cummings and Garnett Con- flict in Move to Free Students. (Continued From First Page.) and since the defense made no effort to introduce evidence of this sort, the point could not have been reviewed by the Court of Appeals in the normal course of events. The action of the Attorney General, therefore, in in- troducing this evidence in his state-: ment to the court evoked considerable comment among attorneys. The test as made by the Department of Jus- tice agents was favorable to the de- fendants. Another interesting aspect of the case is the confljct of views between the Attorney General and the United States Attorney in interpreting the evidence in the briefs sumbitted to the Court of Appeals. Some of them follow: Opinions in Conflict. Mr. Cummings: “The Attorney General is of the opinion that the evidence adduced at the trial did not | Jjustify & submission of the case to the jury, and, in view of all the cir- cumstances involved, is satisfied that the defendants are innocent of the crime of which they were convicted. He, therefore, requests the court to! reverse the judgment.” | Mr. Garnett—In the face of the facts thus developed, it is difficult to perceive how it can be argued that there was not made out a case suf- ficient to carry the case to the jury.| There are too many circumstances | involving these appellants which can- not be dismissed lightly. All these circumstances so tightly involve the appellants as to demand, trumpet- tongued, that the case go to the jury. That the court’s action in submitting the case to the jury was correct is| beyond question. The verdict of the jury was amply warranted upon the, evidence, and the judgment should be affirmed. “Crucial Points” Recalled. Mr. Cummings—We may now pro- ceed to consider the two crucial points to which reference has been made heretofore. The first is the attempted identification of the defendant Parl- ton as one of the purchasers of gaso- line (allegedly used in starting the fire), at the filling station in Wash- ington. “Of the three attendants at the filling station, only Kersey identified Parlton as being one of the two young men who purchased 10 gallons of gas- oline at the station the morning of the fire, and carried it away in a milk can. The other two attendants failed to make the identification, one of the latter affirmatively stating that one of the purchasers was a bigger man | than either of the defendants. This | would seem to be tantamount to an| assertion, in negative form, that the two persons accused were not the ones who purchased the gasoline.” Mr. Garnett—“We have thus far set forth only the evidence on bzhalf of the Government. This has been | done more especially because of the arguments in appellants’ brief that there should have been a directed verdict because there was a conflict of testimony in the Government's own case concerning the identification of | Parlton as one of the men who pur- | chased the gasoline. | Conflict Is Denied. “But there was no conflict. Kersey positively identified Parlton, the others could not and did not identify him. It is a distortion of Hanna's testi- mony to interpret it as saying that Parlton was not one of the two men.” Mr. Garnett also stated in his brief that “Hanna identified Smith’s car as the one which he saw at the service station when the gasoline was pur- chased on the morning of July 9.” ‘The Attorney General's brief said: “There were also attempts to identify the defendants’ automobile as | the automobile in which the men who purchased gasoline drove up to the | service station, but the car was iden- tified only as ‘exactly like' or similar to the car of the defendants.” The Attorney General attacked the | credibility of Kersey, asserting he had previously been convicted ‘of several | minor offenses. Mr. Garnett, in his brief, did not go into this. Garnett Claims Deceit. At another point in the brief, Mr. Garnett pointed out the following: “Then there is the deceit practiced upon Mr. and Mrs. Schoultz (innkeep- ers near Hereford) in securing their signatures to the statement as to the time when appellants arrived at the inn.” (It was testified, according to the brief, that Smith and Parlton in- terviewed Mr. and Mrs. Schoultz before the trial and procured their signa- tures to a statement that it was ap- proximately 4:30 or 5 o'clock when the defendants awakened them on the morning in question. It was shown that when the subject was first broached the Schoultzes said they could not fix the time and would not sign the statement then presented, which fixed the time at 4:30 or 5 a.m. ‘Thereafter a rewritten statement was presented by Parlon, but it contained the statement of time to which Mr. and Mrs. Schoultz objected.) “Yet again,” Mr. Garnett's brief continued, “is the episode at the inn| when Mr. Ross (an attorney) was investigating the case, when Parlton walked behind the bar and asked the ‘waitress to do ‘a pal a favor,’ and, if interrogated, to say that ‘it was 4 or 4:30 o'clock Sunday morning when we were here’ Mr. Ross recalls that| Parlton followed the waitress behind | the bar. Pariton denies that it was he, and says it was Smith; Smith admits it was he and the substance of the conversation.” Case Called for Tomorrow. On these points, the Attorney Gen- eral's brief said: “The prosecution developed minor | inaccuracies in the defendants’ story i and some evidence of mistaken zeal in | seeking testimony, but these matters had no material bearing upon the essentials of the case.” ‘When the case is called tomorrow, Mr. Underwood will inform the court that the Attorney General has con- fessed error. Should the court desire to proceed with the case, it is under- stood the Government will submit it without argument. | | fare. This group of girls and young officers abcard Left to right: Lieut. coming pegeant at Fort Myer. Harrison, Miss Mary Wilson, Licut. Miss Lillian Willet and Miss Patsy Westover. tice. It is well to know that the Department of Justice is as anxious to protect the innocent as it is to fight the criminal or public enemy.” Dr. M. A. Parlton of Derby, Conn., arrived here yesterday to be with his son in what he expects ta be his final vindication on Monday. Dr. Parlton said that he had never relin- quished his fight for his son's final acquittal and that he was particu- | larly anxious for the residents of the ryral community in which he prac- tices to know of the vindication. TAXIS MUST POST SCHEDULE OF RATES Utilities Commission Orders Pro- cedure After Receiving Complaints. Acting on complaints received from taxicab patrons 2gainst misunder- standings of rates to be charged by the operators, the Public Utilities Commission yesterday ordered that “legible and understandable” sched- ules of rates be posted on the cabs. The order is effective next Thurs- day. The purpose is to make known to prospective customers of a taxicab whether that particular cab is using the so-called “conference zone” flat- rate fare system, or one of the other different zone rates of fare, or wheth- er the cab is metered. Many complaints have been filed with the commission, who were sur- prised at rates charged, thinking that the cab used had a different rate of Most of the cabs have the “con- ference zone” fare system, but numer- ous ones have varied systems, in ad- dition to the few which use meters. The commission order, which makes | more definite previous orders on the | subject, requires that rates be posted prominently on the right of the front windshicld as well as on both of the side rear windows or on both of the windows of the rear door, 50 as to be clearly visible from the exterior of the cab. Rebekah Officers Chosen. HYATTSVILLE, Md., January 5 (Special) —Mrs. Erna C. Brown has been elected noble grand of Esther Rebekah Lodge, No. 20, Odd Fellows, of this place, with Mrs. Helen Sullivan, vice grand: Mrs. George R. Maxwell, corresponding secretary: Mrs. Burgess, financial secretary; Helen McLeod, warden; Mrs. Ruth Neidecker, conductor; Mrs. Fannie Arnold, treasurer; Mrs. Ida C. Linthi- cum, chaplain, and Mrs. Nettie Morris, pianist. Washer & Dryer Rose | Miss | LEGISLATORS GET GAS WASTE FIGHT Two Texas Groups Girding for Finish Battle on “Stripping” Law. By the Assoclated Press. AMARILLO, Tex. January 5— Wastage of natural gas in the giant | Panhandle fleld today appeared likely | to constitute one of the most perplex- ing problems faced by the forty-fourth | Texas Legislature, which convenes | | Tuesday. | Two powerful groups—the Pan- | handle Conservation Association and | operators of gasoline “stripping” | plants—were prepared for a fight to | the finish in the three-year contro- | versy over regulation. Fight on “Stripping” Law The crux of the fight was the | “stripping” law, enacted by the last | Legislature, which enables Panhandle gas producers. in the absence of a| | reasonable market outlet, to use 25 | per cent of their production in the | manufacture of gasoline. The Conservation Association, | which, the operators assert, was spon- } sored by seven major pipe-line com- panies, charged that the stripping | plants waste enough gas each day— about 1,069,838,000 cubic feet—to meet the daily consumption of the entire United States. Plants Only Recourse. “Sure, we are wasting lots of gas.” said D. D. Harrington, whose company is one of the largest operators in the field. “But gasoline plants are our only recourse to keep the pipe-line companies from confiscating our properties by drainage.” C. E. Weymouth, vice president of the Conservation Association, denied that it was dominated by pipe-line companies, and said pipe-line drain- age of outside properties was insig- nificant “in comparison with the drainage caused by stripping plants.” Ex-Convict Found Slain. CHICAGO, January 5 (#).—Law- rence J. Steele, ex-convict, was found fatally shot today in a South Side street. A half block away his car stood, with headlights broken and minor damages, suggesting it had been in a collision. Steele’s fingerprints showed that he was paroled from the Jackson, Mich., penitentiary last February. JORDAN'’S 1239 G St. Here’s another washer special Two-Tub You will like an old-fashioned tally-ho are rehearsing for the forth- A. T. McCone, Miss Christine Ekingren, Lieut. E. L. George Grunert, Miss Mary Myers, Miss Betty North, Miss Florence Harris, —Star Sta@ Paoto. COSTUME PARADE 1/ NATION'S STORY Troops at Fort Myer Pre- pare for Biggest Mili- tary Pageant. A costume parade depicting the his- tory of the United States Army from the Continental soldier of 1776 to the doughboy of 1917 vZi' inaugurate the military pageant wh.eh troops at Fort Myer will present January 12 in their new riding hall. Lieut. Col. George S. Patton, jr., 3d Cavalry, is director of the pageant, assisted by Capt. Harold W. Blakley, 16th Field Artillery. Each of the wars in which the United States Army has had a part will be represented in the pageant by a group armed, uniformed and equipped as were their predeces- sors of the period presented. Band to Start Program. The program will open with the parade led by the Mounted Band of the 3d Cavalry and a contingent | representing the War of the Revolu- | tion composed of 13 men from Bat- tery A, 16th Field Artillery. An intensive research into Colonial rec- | ords was made to obtain an accurate | | description of the uniforms and equip- | ment issued to the Continental soldiers. Next in column in the parade will be 12 men of the Headquarters Battery, 16th Field Artillery, showing the uni- forms and equipment of the War of 1 1812, and a similar group from the 3d Cavalry representing the Mexican War. It was in that war that the famous 3d Rabbi Isaac Landman shown in New York presenting James G. Mc- Donald, high commissioner of the League of Nations, with the 1934 American Hebrew Medal in recognition of his services for promotion of better understanding among Christians and Jews. The medal was presented at a dinner given jointly by the American Hebrew and the 1935 National Conference on Jewish Welfare. Left to right: McDonald, Felix Warberg and Rabbi Landman. —Wide World Photo. | Cavalry received its baptism of fire |and was named Gen. Scott. Civil War and Others. The Civil War perfod will be shown | by a gun section of 13 men from Bat- | { Troop F of the 3d Cavalry. The | Machine Gun Troop of the 10th | Cavalry will represent the Spanish- American War. The highly technical soldier of the | ‘World War period will be shown by a | gun section of the French 75mm gun ' 16-year-old Marie Therese Gravas of | which played such an important part Roussilon, has just been granted a in the lives of American doughboys. ! pilot's license. “Brave Rifles” by The guns and men will be furnished Clarendon Group to Meet. by Battery A of the 16th Field Artil- | lery in regulation uniforms of the World War Army. the parade will represent the presant- day soldier in his special measurement | tery B of the 16th Field Artillery and | uniform with his new equipment, both | soldiers of the Indian wars will be rrom‘ mechanical and animal drawn, with machine guns and automatic weapons now in use in the Army. —_— The last unit in Association will hold Yeatman said. TR — Fears Loss of Trade. Girl of 16 Is Pilot. France's youngest woman aviatrix, tional cartel. CLARENDON, Va., January 5 (Spe- cial) —The Clarendon Business Men's its January | cash bequests to relatives, friends and meeting here Thursday night, accord- | ing to President George Yeatman. Special business is to be taken up, Bolivia expects a decline in fereign trade as a result of the 20 per cent reduction in the tin export quota as- signed to the country by the interna- SCHOOLS INCLUDED N BERMAN WILL Woman Leaves $15,000 to Wellesley and $10,000 to Johns Hopkins. Making substantial bequests to edus catior:al institutions, the will of the late Mrs. Lillian Hunt Berman was filed yesterday in District Supreme | Court. Mrs. Berman made three gifts of $5000 each to Wellesley College, Massachusetts, for the establishment | of scholarships. Another gift of $10.- | 000 was made to Johns Hopkins for | the establishment of a fellowship. After a number of small cash bequests to relatives, friends and institutions, she directed that the residue of her estate be turned over to Wellesley. | The will was filed through the Wash- ington Loan & Trust Co., which was also named trustee of a $5,000 trust fund for the benefit of Robert Bastien Bermann. A petition for probate of the will of the late Willard A. Lalor, railroad executive; valued his estate at ap- proximately $3,200,000. Mr. Lalor’s | will, filed several weeks ago through the local law firm of Sherley, Faust & Wilson, made large bequests to edu- | cational institutions and then gave | the bulk of the estate to three heirs, Mrs. Anna Lalor Burdick, 142 Twelfth | street southeast: Thomas J. Lalor of | Los Angeles and Margaret Lalor Cary | of Hollywood. | Leaving the bulk of his estate to his widow, Mrs. Effie May Wright, the will of the late John R. Wright, local | undertaker, was also filed with the court. Mrs. Wright was given the family home at 4404 Sixteenth street and the residue of the estate, after employes. The will, filed through At- torney Daniel W. O'Donoghue, named A. Leftwich Sinclair and the Federal- American National Bank as executors The estate was not valued. The will of the late Mrs. Louire Grosvenor Leete, which gave her en- tire estate, valued at $50,000, to a daughter, Constance Leete, was ac- mitted to probate. The document was filed through the law firm of Ellis, Ferguson & Houghton. FORD V-8 FOR 1935 To the power, speed and brilliant perfermance of the Ford V-8, there have been added a new beauty, a new hixury—and a marvelous riding The Ford V-8 has always been a faverite with men. You've heard the men in your family talk about it. “That’s a great car,” they have said. “Eighty miles an hour when you want it, a smooth, powerful engine, swift pick-up and the ability to ‘take it’ all day long.” But the New Ford V-8 is a car in which women, too, can take a still keener pride and delight. A more beautiful car, with modem style in every line and appointment. ‘ A “FRONT-SEAT RIDE"” FOR BACK-SEAT PASSENGERS A Distinctive, Modern Car for the Woman Motorist THE ROOMIEST, MOST COMFORTABLE FORD EVER BUILT AND THE EASIEST TO DRIVE The New Ford is a bigger car than any previous and very modem LUXURIOUS APPOINTMENTS Modem ideas in design and colering are seen in the car interiors. New upholstery with narrow piping and pillowed seats: hardware in tones to match upholstery: a new, more convenient instrument panel: curved gear shift lever which adds to the comfort of passengers in the front seat: double sun visors: doors which are hinged in front and swing for- ward; Clear-Vision Ventilation —these are some of the features which make these new cars so distinctive. Ford. It has wider doors and is lower—easier to step in and out. Front seats are 4 to 52 inches wider. New, larger space is provided be- hind the rear seat for suitcases and bags, thus avoiding crowding of passengers. New features make the Ford V-8 still easier for women to drive. There is a new soft clutch which requires less foot pressure. The brakes also require less pressure, although they are more powerful and stop the car more quickly and smoothly than ever before. New steering mechanism makes the car easier to handle. ical to operate. women motorists. STYLE THAT WOMEN WILL ADMIRE FORD V-8 RELIABILITY AND SAFETY Every Ford V-8 for 1935 has Safety Glass all around—in doors and windows—at no addi. tional cost. Every car has welded all-steel body. And, of course, every Ford has the powerful and reliable V-8 engine which makes the car such a satisfaction to drive as well as econom- We invite you to drive this New Ford V-8 and see for yourself why it is the ideal car for A glance will tell you that the New Ford is just about the handsomest car you have ever seen. Its lines are modern, graceful., without being freakish. Its colors are new and attractive. It In the New 1935 Ford V-8 you ride nearer the center of the car. You ride on lenger, more flexible springs. All weight is distributed to give Center-Poise. The back seat is restful and tentiary. relaxing —the ride becomes a smooth and flow- is @ car that women will stop to admire as Youth Relieved at Decision. ing glide on any kind of road. readily as they do a new gown. Parlton yesterday issued the follow- N ing statement: 3 i smaemees | ARTHUR JORDAN . rectified,” he said. “ us the s a ' r : NOW ON DISPLAY AT - p th AL 1239.6 Street . Cor. 13% NW. : i3 and give his personal interest in an effort to right & miscgrriage of jus- Several members of the fraternity ! ‘were sleeping in the house and were seriously injured when forced to jump after discovering the fire. Smith and Parlton were convicted of arson | in October, 1933, and sentenced to; serve from 2 to 9 years in the peni- LOW FORD PRICES » 12 BODY TYPES (F.O.B. Detroit. Standard accessory 549 5 AuNpD FORD DEALERS. Several other makes that have been used at attractive prices and terms. sized, through Univérsal Credit Ce.) THE SHOWROOMS OF ALL “It is a great relief to know that of being an ex-convict, I will have a FPIAND COMPANY eral saw fit to order an investigation HOME of the CHICKERING PIANO