Evening Star Newspaper, January 17, 1935, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair tonight and tomorrow; colder to- morrow; lowest temperature tonight about 32 degrees; fresh west or northwest winds. Temperatures—Highest, 34, at noon to- day; lowest, 27, at 9:30 p.m. yesterday. Full report on page B-14. Closing N. Y. Markets, Pages 13,14 & 15 No. 33,133 post office, Wa Fntered as second class mal(g shington, D. @h WASHINGTON, D. C, ¢ Foenin WITE SUNDAY MORNING EDITION ROOSEVELT’S SECURITY |REFUGEES OF SAAR PLAN GIVEN CONGRESS; [POUR INTO FRANGE - QUICK APPROVAL ASKEDJAS TERROR RULES 5 Points Based on Committee Report. WAGNER OFFERS BILL IN SENATE Legislation Would Give Effect to Program., The full text of the official sum- mary of the report prepared by the President’s Committee on Economic Security appears on Page A-12, to- gether with Senator Wagner's ex- planation of legislation to make it efective. BY G. GOULD LINCOLN. President Roosevelt today sent to Congress his social security program, ‘which has been heralded as the dawn | of a great American plan. In his message, the President urged | speedy enactment of the proposed legislation to guard the men, women end children of the Nation against “certain hazards and vicissitudes of lfe.” He included today in his recom- mendations for legislaton old-age pensions, including compulsory and Voluntary annuities: unemployment compensation; Federal aid to de- pendent children, and additional Fed- eral aid to State and local public health agencies and strengthening of the Federal Public Health Service. Health Insurance Missing. ‘The President did not at this time include in his legislative program | health insurance. He said, however, that representatives of the medical | profession are co-operating with the Government in the further study of this kind of insurance. Mr. Roosevelt said the present pro- gram of social security legislation, based on the report of his Committee on Economic Security, “will appeal to the sound sense of the American peo- | ple.” It is neither too ambitious nor | does it threaten in any way the ca- ! pacity of industry to assume financial responsibilities, he said. The President urged that three principles should guide in social se- curity legislation. The system should be self-sustaining, except for the money necessary to initiate it in the sense that the money required should not come from the proceeds of gen- eral taxation. The States, except in the case of old age pensions, should be left to care for the actual management of these laws. For the protection of the sound financial management of the funds and reserves and the credit structure of the Nation, Federal con- trol should be maintained over all funds through trustees in the United States Treasury. “Pay for Insecurity.” “The establishment of sound means toward a greater future economic security of the American people is| dictated by a prudent consideration of the hazards in our national life.” said the President. “We pay now for the | dreadful consequences of economic in- | security—and dearly.” Almost at the same time Mr. Roose- velt was presenting the program, legis- lation making effective important fea- tures of the plan was introduced in the Senate by Senator Wagner, Demo- crat, of New York. ‘The Wagner bill, which is to be known as the economic security act, specifically provides systems of old- age pensions, unemployment insur- ance, aid to dependent children, Fed- eral subsidies for maternal and child health and for the promotion of public health, | The old-age pensions, under the | administration’s plan, will be paid to those persons 65 and over who have not adequate means to support life “in health and decency.” The pen- sions, however, are not to exceed $30 2 month and are to be made up of both Federal and State contributions. ‘These contributions are to be made up from taxes upon pay rolls, and come eventually from the pockets of both the employers and the workers. Encourages State Laws. The bill is designed to encourage Nation-wide enactment of compulsory State unemployment insurance laws by the exercise of the Federal taxing power and the use of Federal subsidies to the States. ‘The total authorizations of appro- priation by the Federal Government for these various forms of social in- surance and security during the fiscal year 1936, under the Wagner bill, are (Continued on Page 3, Column 1.) COMPARATIVE TAX STUDY COMPLETED HE text of the President’s message to Congress today on social security follows: i To the Congres: of the United States: In addressing you on June 8, 1934, I summarized the main objectives of our American pro- gram. Among these was, and is, the security of the men, women and children of the Nation against certain hazards and vicissitudes of life. This purpose is an essential part of our task. In my annual message to you I promised to sub- mit a definite program of action. This I do in the form of a report to me by a Committee on Economic Security, appointed by me for the purpose of surveying the field and of recommending the basis of legislation. I am gratified with the work of this committee and of those who have helped it: The Technical Board on Economic Security drawn from various departments of the Government, the Advisory Council on Economic Security, consisting of informed and public-spirited private citizens and a number of other advisory groups, including a committee on Actuarial Consult- ants, a Medical Advisory Board, a Dental Advisory Committee, a Hospital Advisory Committee, a Public Health Advisory Committee, a Child Welfare Committee and an Advisory Committee on Employ- ment Relief. All of those who par- ticipated in this notable task of planning this major legislative proposal are ready and willing. at any time, to consult with and assist in any way the appropriate con- gressional committees and mem- bers, with respect to detailed aspects. Speedy Action Urged | On Legislation. It is my best judgment that this legislaticn should be brought for- ward with a minimum of delay. Federal action is necessary to and conditioned upon the actions of States. Forty-four Legislatures are meeting or will mest soon. In order that the necessary State action may be taken prcmptly it is important that the Federal Government proceed speedily The detailed report of the com- mittee sets forth a series of pro- posals that will appeal to the sound sense of the American peo- ple. It has not attempted the impossible nor has it failed to exercise sound caution end con- sideration of all of the factors concerned; the national credit, the rights and responsibilities of States, the capacity of industry to assume financial responsibilities and the fundamental necessity of proceed- ing in a manner that will merit the enthusiastic support of citi- zens of all sorts. It is overwhelmingly important to avoid any danger of perma- nently discrediting the sound and necessary policy of Federal legis- lation for economic security by at- | Text of President’s Message tempting to apply it on too am- bitious a scale before actual ex- perience has provided guidance for 4he permanently safe direction of such efforts. The place of such a fundamental in our future civ- ilization is too precious to be jeopardized now by extravagant action. It is & sound idea—a sound ideal. Most of the other advanced countries of the world have already adopted it and their experience affords the knowledge that social insurance can. be made a sound and workable project. Three Principles Are Stressed. Three principles should be ob- served in legislation on this sub- ject. In the first place, the sys- tem adopted, except for the money necessary to initiate it, should be self-sustaining in the sense that funds for the payment of insurance benefits should not come from the proceeds of gen- eral taxation. Second, excepting in old-age insurance, actual man- agement should be left to the States subject to standards estab- lished by the Federal Government. Third, sound financial manage- ment of the funds and the re- serves, and protection of the credit structure of the Nation should be assured by retaining Federal control over all funds through trustees in the Treasury of the United States. Types of Legislation Asked for Program. At this time I recommend the following types of legislation look- ing to economic security: 1. Unemployment compensation. 2. Old-age benefits, including compulsory and voluntary annui- ties. 3. Federal aid to dependent chil- dren through grants to States for the support of existing mothers’ pension systems and for services for the protection and care of homeless, neglected, dependent and crippled children. 4. Additional Federal aid to State and local public health agencies and the strengthening of the Federal Public Health Service. I am not at this time recommend- ing the adoption of so-called health insurance, although groups repre- senting the medical profession are co-operating with the Federal Gov- ernment in the further study of the subject and definite progress is being made. Pay Roll Tax Proposed For Unemployment. With respect to unemployment compensation, I have concluded that the most practical proposal is the levy of a uniform Federal pay roll tax, 90 per cent of which should be allowed as an offset to employ- ers contributing under a compul- sory State unemployment compen- sation act. The purpose of this is to afford a requirement of a rea- sonably uniform character for all States co-operating with the Fed- (Continued on Page 12, Column 17.) DISTRICT ELIGIBLE UNDER SOCIAL BILL Classified as “State” for Purpose of Receiving Benefits. The District of Columbia would be eligible along with the States to re- ceive Federal aid toward establish- ment of unemployment insurance, old age pensions and the various other forms of social security covered by the Wagner bill embodying the ad- ministration’s social security program. Throughout the Wagner bill the term “State” is described as meaning also the District of Columbia. As to unemployment insurance and old age pensions, Congress, of course, will have to enact local laws to cover the District’'s part of the program, corresponding to laws State legisla- tures will have to pass before being entitled to the Federal aid. As to one feature of the program, home care for dependent children, the District of Columbia already has a local law which has been in opera- tion for several years and which ap- pears to meet the requirements laid down in the Wagner bill for Federal assistance. The local law for care of dependent children, for instance, has a residence requirement of only one year, which is one of the conditions for Federal aid in the Wagner bill. Steps already have been taken since Congress convened to start work on a District old age pension bill and Chairman King of the District Com- mittee has been waiting for the na- tional program to be presented so that the District law can be drafted to Rates Paid in Other Cities in Relation to District Compiled. The comparative tax survey for President Roosevelt to show the rela- tive amount of taxes being paid by this city as compared with others of its size has been completed by experts of the Treasury Department and is now in the hands of Secretary of the ‘Treasury Morgenthau. ‘The report probably will receive Mr. Morgenthau’s personal attention over the week end, he said today. When the Secretary is satisfied with the document, he will forward it to the ‘White House as soon as possible. No indication was given as to the nature of the report, or as to its findings. The survey was completed under the direction of George C. Haas, di- rector of the division of research and statistics. who had the assistance of experts of his division. It also was understood that many of the statistics were furnished by the Bureau of the Census, Commerce Department. ¢ meet the necessary requirements for Federal co-operation. Last year Sena- tors Capper of Kansas and Copeland of New York had separate old pension plans for the District, but they have co-operated this year by introducing jointly the bill which re- celved the approval of the District Committees at the last session of Congress. KING’S ANNOYER JAILED LONDON, January 17 (#).—Clar- ence Guy Gordon Haddon, who was bound over to keep the peace last Jan- uary after pleading guilty to a charge of blackmailing King George, was sentenced to a year’s imprisonment today for violation of peace bonds. ‘The 43-year-old Haddon claimed to be the King's nephew and was charged with having written letters to the monarch demanding mioney, asserting he was the illegitimate son of the King's late elder brother, the Duke Clarence. ¥ Haddon had signed three bonds to keep the peace for three years. NEW DEAL URGED BY LLOYD GEORGE Former Premier to Present Plan Tonight Paralleling Roosevelt Program. By the Associated Press. BANGOR, Wales, January 17.—Da- vid Lloyd George, white-haired vet- eran of more than a half-century in politics, returned to the limelight today with a “New Deal” policy for Great Britain. High lights of his plan, paralleling President Roosevelt’s program in the United States, include a National In- vestment and Development Board, or “brain trust”; a new finencial policy, a slum clearance program and & scheme of land settlement. Plan to be Stated Tonight. Some 20 miles away from little Portmadoc. where the World War premier launched his career as a youth, the “Welsh Wizard” will un- fold before his constituents tonight details of the sweeping reconstruction scheme for Great Britain. On the platform will be Lady Snowden, whose husband recently emerged from retirement to become one of the bitterest critics of the national government headed by Ram- say MacDonald. Snowden approved Lloyd George’s -program, writing him, “The country is waiting for an inspir- ing lead on a program of courageous national reconstruction.” Lloyd George regarded Snowden’s approval as proof there is nothing in his scheme that would harm the country’s credit, as Snowden is a former chancellor of the exchequer. Birth to be Celebrated. Bangor’s drill hall, one of the larg- est buildings in North Wales, was made ready for a capacity crowd, not only to listen to thelr idol but to celebrate his birth 72 years ago today in Manchester. The veteran statesman has been engaged more than a month in whip- ping into shape his “New Deal” scheme. He will speak again Satur- day afternoon in Pwllheli. He has indicated that solution of “the evil of chronic unemployment” is the goal of the reconstruction project. Tug Hits Liner. LE HAVRE, France, January 17 (), —The French liner Lafayette, bound for New York with 75 passengers, was hit by a tug taking -her out of the harbor in a dense fog last night and a plate on the big ship was dented. She anchored until the fog might rise in order to return to the dock for in . spection. - Two Communists Reported Killed by Nazis at Neuenkirchen. SCENES ALONG ROADS REMINISCENT OF WAR Anti-Hitlerites Seek Protection of French Flag at Mines. Many Flee Basin, By the Associated Press. SARREGUEMINES, France, Jan- uary 17—Saar refugees, pouring into France ovef the border. reported to- day that two Communists had been killed at Neuenkirchen and a dozen other anti-Nazis had been beaten at other towns in the Saar Basin terri- tory. ‘The refugees told tales of horror in stoical voices as the first big rush into France got under way. The scenes along the road leading from the Saar into Sarreguemines were reminiscent of war times. Sixty men, women and children, carrying large bundles, walked several miles from the frontier to the railroad sta- tion in this town, where the French offered them protection. Assert Lives Menaced. Three hundred others had arrived by train and on foot by 4 p.m. today. All of them, said French officials, asserted their lives had been threat- ened. The story of the allegedly murdered Communists was told by men arriving from Neuenkirchen. They said the Communists were killed in their own homes early in the morning “by Nazis” and said another man’s house was wrecked. He, they asserted, escaped across the border to Forbach, France, but his wife, who was refused admit- tance to her own home, was still in the Saar. A refugee from Saarlouis said he had seen a man badly beaten and his rubbed into the cut. The fleeing anti-Nazis all have taken shelter in the customs shed at the railroad station, where they were served hot coffee and bread by Red Cross nurses. The women nursed their bables while the men milled about the sheds exchanging tales of their experiences. Not a tear was shed among the fugi- tives, for all said they were “so happy to get under the jurisdiction of the Prench tricolor.” The refugees come from all walks of Iife, but most of them are poor. Families Appeal for Aid. SAARBRUECKEN, Saar Basin Ter- ritory, January 17 (#).—One hundred anti-Hitlerites from Sulzbach were reported today to have sought refuge under the French flag while asserting !their lives had been endangered by i alleged acts of Nazi terrorism. Men. women and children who fled from their homes were said to have slept on straw in the workers' dormi- tory of a French mine. The fugitives said they had been threatened by shots fired in the air outside their dwellings, and that win- dows of their homes had been broken. The French mine officials said they had received several appeals for pro- tection from families which voted for maintenance of League of Nations control over the territory. Sulzbach police officials, however, most of whom are Nazis, denied that any acts of terrorism had occurred. Meanwhile French francs were flee- ing the Saar so fast financiers said France would get in cash only about half of what Germany agreed to pay for the territory’s huge coal mines. The Franco-German agreement reached in Rome provided that Ger- many would make a lump sum pay- ment of 855,000,000 francs (about $55,575,000, to be drawn from francs circulating in the territory, when she repurchased the mines. (The arrangement calls for 900,- 000,000 francs in all, 95 per cent in cash and the remainder in coal.) Financiers, however, say only about 400,000,000 francs are left in the ter- ritory, after the overwhelming vote Sunday for a union with Nazi Ger- many. HITLER FIGHTS PLAN. Objects to League Formula to Transfer Saar. GENEVA, January 17 (#).—Negotia- tions for the Saar Basin territory’s restoration to Germany encountered obstacles today in objections raised by Adolf Hitler to the League of Nations’ tentative formula for carrying out the mandate of last Sunday’s plebiscite. The Reichsfuehrer opj sections of the compromise formula affecting the future military status of the ter- ritory and conferring arbitrary powers on the League of Nations’ Coyncil in the event France and Germany fail to agree on outstanding questions. German representatives said the Reich was ready to confirm the Saar’s status as part of the Rhineland de- militarized zone. U. S. Will Emp face cut and that salt was then | THURSDAY, JANUARY 17, 1935—FORTY-EIGHT PAGES. SHAM o Star FH¥ E oN You! LOOK AT THAT OL' SPORT! GANG ROUNDED UP AFTER JAIL BREAK Furnishing Pistols in San Quentin Battle. (Copyright. 1935. by the Associated Press.) SAN QUENTIN PENITENTIARY. Calif., January 17.—Police guns roared the round-up early today of the des- | perado blamed for smuggling guns to four convicts who made a desperate, | futile break for freedom that cost | the life of their leader. Clyde Stevens, paroled convict and San Francisco bank. robber, who the surviving convicts said furnished the pistols used in the San Quentin prison break yesterday, was captured early | this morning by a police posse on Sherman Island, about 50 miles from here. Officers announced three others | were captured with him, two of them falling wounded under fire. Warden Has Chance to Recover. Meanwhile, physicians reported Warden James B. Holohan, veteran prison official, had a good chance of recovering from the merciless slugging given him by the convicts as they broke from prison. Three of the convicts were back in custody, their leader, Rudolph Straight, 35, fatally wounded in the gun battle that ended their spectacu- lar two hours of freedom. Four members of the Board of Prison Terms and Paroles, two of them slightly wounded, were shaken by a terrifying experience as hostages for the fleeing prisoners. ‘The prison was outwardly quiet to- | day, but guards were taking every | precaution against another outbreak | in the institution where 6,000 prisoners are crowded into space designed for half that number. Guard Reported Bribed. Officials who characterized yester- day’s break as the most serious there vet, also were investigating a convict's story that $1,000 was paid a guard to help get firearms to the conspirators. It was shortly after noon that the convicts, Straight, an Alameda rob- ber; Alexander Mackay, Los Angeles robber; Joe Christy, 26, Los Angeles kidnaper, and Fred Landers, 27. San Francisco robber, staged their break. Armed with 45-caliber automatic pistols, they raided the home of War- den Holohan, where the Board of (Continued on Page 3, Column 2.) o $50,000 MORE IS VOTED FOR MUNITIONS PROBE Senate Committee Had Sought $100,000, Cut in Half by Audit Group. By the Associated Press. The Senate today voted another $50,000 for its Munitions Investigating Committee. The investigators had sought $100,- 000, but the Audit Committee cut this in half. Senator McNary, the Republican leader, announced on the floor the $50,000 was agreeable to Chairman Nye, Republican, of Indiana of the committee which originally received $50,000 for the inquiry, but has spent all of it and more. | Noted Zoologists Dies. TOKIO, January 17 (#).—Prof. Chi- yomatsu Ishikawa, 74, considered as one of the world's foremost zoologists, died today of pneumonia in Taihoku, Formosa. loy 24 Artists To Beautify New P. O. Building Twenty-four artists and sculptors will be employed by the Treasury De- partment to embelish the new Post Office Department Building under a plan announced today by Secretary Morgenthau, with the approval of President Roosevelt. The plan calls for an expenditure of $95128. It is the first national project to be developed by the section of painting and sculpture of the Treasury Department Procurement Division. The artists and sculptors are to be selected by means of an invited com- petition, Morgenthau explained. There will be 10 sculptors and 14 painters. An Advisory Committee has been created to assist in choosing the artists and to advise upon the subject matter and designs of the murals and upon the material and subjects of the sculp- ture, - If there is general unanimity among the committee members as to the best artists, they will be ap- pointed without competition. In case of dispute as to the qualifications of painters and sculptors, they probably will be asked to enter a limited com- petition, and their designs will be decided upon by a special Executive Committee composed of members of the main committee in collaboration with the Section of Painting and Sculpture. The appointments must be approved by a group of Treasury officials under direction of the Secre- tary. The new Advisory Committee is composed of architects of the Post Office Departms Postmaster Gen- eral Farley serving as an ex officio member, and a group of directors of various museums, foundations, com- missions and societies. ? Paroled Convict Accused of | Illusions Gone; Nice Will Scorn Second Term Says “No Man Can || Persuade Me to | Run Again.” Special Dispatch to The Star, ANNAPOLIS, Md, January 17— “No man could persuade me to go through again what I have been through to be Governo: of Maryland— | T will not succeed myself,” Gov. Harry | W. Nice said today in the first address his inaugural on January 9. | luncheon of the Annapolis Rotary | Club, held at Carvel Hall, at which ! he was guest of honor. “During the next four years it is ! my desire to conduct the office of | Governor of Maryland so that I can | leave to the pecple of the State a suc- | cessful administration,” Gov. Nice continued. “I have been forced upon you as & | neighbor. I want to be friendly with {you. and I want you to be friendly | with me. I want to co-operate to the | fullest extent during my four years | here on any measure or any program that will react to the benefit of the people of this city.” The executive said it was the duty of citizens to criticise him when they think he is in the wrong. He added they should come to him and express | their satisfaction when things are | going right. | TROOPS ORGANIZED FOR FIGHT ON LONG !Action Follows Flaunting of Ultimatum to End Dictatorship. By the Associated Press. BATON ROUGE, La., January 17.— Its ultimatum to Huey Long's dicta- torship flaunted, the Square Deal As- sociation today prepared to train an army to enforce its demands. Ernest Bourgeois, president of the association, issued a statement declar- ing companies will be organized im- medfttely throughout the State and “drilled and taught the rudiments of military science, so as to perfect an organization that is instantly mobile, and that can be confgplled and made effective.” Ultimatum to Allen. The association had served notice upon Gov. O. K. Allen, Long’s lieu- tenant, to call a special session of the Legislature midnight last night to repeal all “dictatorial” laws. Gov. Allen, with the $5,000,000 sky- scraper State house and executive mansion heavily guarded, ignored the ultimatum. Several hours before the “deadline,” Bourgeois issued his statement de- claring there would be no immediate “drastic action” at midnight. The hour passed quietly. The Square Dealers have already mustered several thousand men in a half dozen or more companies already organized in different parts of the State. Not Aim to Murder. The State administration can call upon 2,000 National Guardsmen and upon a State constabulary which, un- der one of the “dictator” laws, may be increased indefinitely. “It is not our purpose to assassi- nate or murder any one,” Bourgeois said, “but it is our purpose to have this State so thoroughly organized that when the time arrives for action, which will come in the very near fu- ture, we will be to give the people of this State a square deal, as we promised.” Guide for Readers Page. B-4 .C-2-3 .D-4 ....C-6-7 .A-13-14-15 A After Dark ... Amusements Comics Features Finance . Lost and Foul Radio ...... Serial Story .. Service Orders . Short Story . Society . Sports ..:. The only evening paper in Washington with the Associated Press News and Wirephoto services. i | Federal suit for an injunction to pre- he has delivered in Annapolis since | o i The executive spoke at the weekly | | Roberts Co.. announced his client would | Yesterday’s Circulation, 130,276 Some Returns Not Yet Recetved UP) Means Associated Press. * “1DONT OWE ANYBODY ANYTHINGY ROBERTS CONPAN DROPS CODE HOVE Abandons Injunction Suit Reply, Sending Case to Appeals Court. The Government won an outstand- ing victory in its first N. R. A. fight here today when the W. F. Roberts | Co., Washington printers and en- | gravers, abandoned its fight against a vent alleged violations of the graphic arts code. This action was taken after a con- ference with Assistant United States Attorneys David A. Pine and John J. ‘Wilson, who have been prosecuting the case. Case to Be Appealed. . F. Regis Noel, representing the withdraw its answer to the Govern- ment’s suit and rely on a motion to dismiss previously filed and ovesruled. This means the case will be carried to the Court of Appeals, where the Roberts Co. will contend as a matter of law that the Government failed to state an adequate cause of action in its suit. The principal question to be decided in the Court of Appeals is the con- stitutionality of the recovery act and the graphic arts code. In the meantime, Pine and Wilson are preparing a decree which, when signed next week, will result in the issuance of an injunction forbidding the company to continue its alleged code violations. The suit charged in brief that the Roberts Co. had violated the code; by failing to pay its employes pre- | scribed minimum wages, by working them more than the maximum num- ber of hours fixed in the code, by failing to pay the prescribed overtime rate and by failing to post a copy of the code provisions in its work shop. Restrainer Was Asked. The Government originally asked for a temporary restraining order, but this request was denied by Justice Jesse C. Adkins, who held the facts set forth in the bill of complaint did not justify this relief. The com- pany then filed a motion asking the court to dismiss the suit on the ground the constitutional rights of the com- pany were violated by the code pro- visions. This motion was likewise dis- missed after a hearing. The company then filed its answer and the case was set for trial today. The withdrawal of the answer, how- ever, removed the. necessity for trial. " Text of Court Order. The order permitting the Roberts company to withdraw its answer said: “The defendant having elected to stand on its motion to dismiss the bill of complaint, which election has been announced in open court this date, it is ordered that the case be con- tinued until Thursday, January 24, at which time a decree granting e final injunction, as specifically prayed for in the bill of complaint, will be en- tered herein.” This order was signed by Justice Jennings Bailey. —_—— JAMES ROOSEVELT ILL President’s Son Undergoing Treat- ment for Colitis in Boston. ! BOSTON, January 17 (#).—James | Roosevelt, eldest son of the President, was reported “very comfortable” today at the New England Baptist Hospital, where he is under treatment for colitis. Dr. Sarah Jordan said he would not be operated on and probably would remain at the hospital only a short time. Japanese Abandon Plan to Continue Naval Talks Here Yamamoto Is Ordered Back to Tokio From London. By the Associated Press. TOKIO, January 17.—The suggested naval discussions in Washington be- | tween Admiral Isoroku Yamamoto, Japanese delegate to the recent Lon- don Naval Parley, and United States officials were abandoned today and | Koki Hirota, foreign minister, in- structed the admiral to come home at once. Instead of leaving London for New York, Admiral Yamamoto is to start at once for Tokio by way of Siberia. ¢ | the skull. TWO CENTS. LINDBERGH BABY DIED OF FRACTURED SKULL, PHYSICIAN TESTIFIES AT TRIAL Doctor Who Performed Au- topsy Declares Death Oc- curred Instantaneously or Few Minutes After Blow. WITNESSES DESCRIBE DISCOVERY OF BODY New Jersey Police Inspector Iden- tifies Muddy Garments and States He Punctured Skull With Stick During Investigation at Grave in Woods. (Copyright. 1935. by the Associated Press ) FLEMINGTON, N. J.. January 17. —An autopsy operator told the Hauptmann murder jury today that Baby Charles A. Lindbergh, jr., died of a skull fracture inflicted while it was alive and that death was either instantaneous or within a few minutes. Bruno Richard Hauptmann, the alien carpenter accused of kidnaping and murdering the child, sat unmoved. but alertly interested, as this testi- mony was given by Dr. Charles H. Mitchell, Mercer County physician. The physician's report, in which he also dissolved rumors that the baby had been shot, followed recital by others of the gruesome details of the finding of the baby’s body in a thicket several miles from the Lind- bergh home on May 12, 1932—2 months and 12 days after it was stolen from its crib. Not Killed by Bullet. Dr. Mitchell, replying to a cross- examination that appeared designed toward showing that something other than a skull fracture caused death, said: “A bullet of the size of that hole would blast out the other side of the skull.” He referred to a hole which a previous witness said he had made in- advertently with a stick at the scene of discovery. On the stand besides the discoverers of the body and the autopsy operator today were several employes of the J. P. Morgan Co, who told of the preparation of the Lindbergh ransom money. Another development of the day was revelation by James M. Fawcett, Hauptmann's former counsel, that he had at one time discussed with Attor- ney General David T. Wilentz the possibility of a life sentence for Hauptmann in the event of a confes- sion, with a view to learning the identity of possible accomplices. The attorney added though that “there is nothing to indicate Hauptmann guilty.” “There was no question as to the cause of death,” Dr. Mitchell said. “The child died of a fractured skull.” “Would you say it was caused by external violence,” a prosecutor asked. t"’xrhe fracture gave every indication of it.” Death Was Instantaneous. Then, replying to a question over the objections of the defense as to the time of death in relation to the fracture, Dr. Mitchell declared: “I would say that death occurred instantaneously or within a very few minutes after the fracture. The frac- ture occurred on the living child. It bled. There was a blood clot still on The blood clot could not come there 1f the child was dead.” The autopsy report was considered important to the State’s contention that the Lindbergh baby was killed beneath the window of the Lindbergh nursery as it fell with the kidnaper from a breaking ladder. This would place the murder scene in Hunterdon County, where Haupt- mann is on trial. The body was found in Mercer County. The defense, though it had an- nounced previously that it would not do so, may yet challenge the identifi- cation of the body. This was indicated in some of the cross-questions shot at witnesses who today related the find- ing of the body on May 12, 1932, in a thicket off Mount Rose road. In- quiries about the possible shift in | (Continued on Page 5, Column 5.) . HAUPTMANN TERM OF LIFE DISCUSSED Fawcett Reveals Talk With Wilentz in Regard to Penalty in Case of Confession. By the Associated Press. FLEMINGTON, N. J, January 17. —James M. Fawcett of Brooklyn, former counsel for Bruno Hauptmann, said today he had discussed with At- torney General David T. Wilentz the possibility of a life sentence for Hauptmann in the event of a con- essit on. “Wilentz and I once talked over the possibility of a life sentence rather than capital punishment for Haupt- mann in the event that Hauptmann confessed to the Lindbergh kidnaping,” Fawcett said. “The purpose of our talk was only to bring about justice in the Lind- bergh kidnaping. So far as I am concerned there is no indication that Hauptmann is guilty of the Lind- bergh kidnaping or extortion of the Lindbergh ransom. “We thought at the time that with a confession from Hauptmann pro- viding, of course, that he was guilty— we should be able to locate possible accomplices in the kidnaping.” “I want to emphasize, however,” Fawcett said, “that there is nothing that would incidate that Hauptmann is guilty of complicity in the Lind- bergh kidnaping.” < 1