Evening Star Newspaper, February 6, 1935, Page 1

WEATHER. (U. 8. Weather Bureau Forecast.) Fair, slightly colder tonight, minimum temperature about 10 degrees; tomorrow partly cloudy, not quite so cole ‘Temperatures—Highest, 37, at 6:30 p.m.- yesterday; lowest, 16, at 6 a.m. today. The only evening paper in Washington with the Associated Press News and Wirephoto Services. Full report on page A-9. Closing N.Y.Markets, Pages No. 33,153. EXECUTIVE POWER UNDER RELIEF BILL CUT DRASTICALLY BY COMMITTEE Attempt of Democratic Fac- tion to Scuttle Measure by| Substituting Dole Loses by 10-to-10 Tie. STIFF FIGHT ON FLOOR HINTED BY CLOSE VOTE, Opposition Expected to Win Fur- ther Concessions — Modified Measure Restricts Grants, Emi- nent Domain and Right to Del- egate Authority to Bureaus. By the Associated Press. A Democratic attempt to scuttle the administration’s $4,880,000,000 work relief bill by substituting a $2,000,000,- 000 “dole” lost by a 10-to-10 tie vote in the Senate Appropriations Commit- tee today after it had first been adopted by 9 to 8. Soon afterward the amendments to the bill, decided by Democratic mem- bers, were adopted. The substitute was offered by Sen- ator Adams, Democrat, of Colorado, and was reported to have been sup- ported by Chairman Glass, Democrat, of Virginia and all but one Republican member. Senator Norbeck, Republican, of South Dakota was understood to have sided with the administration The close shave for the administra- tion bill raised questions over its re- ception on the floor. Senator Byrnes, Democrat, of South Carolina. administration leader steer- ing the bill against the opposition of Glass and others within his own ranks, as well as the Republicans, was in constant communication with the White House as the executive ses- sion proceeded. Fight Continues, 1t was apparent that the sharp dis- agreement on the measure, even among Democrats themselves, was continuing and that further conces- sions to the opposition may be neces- sary in view of the close vote on the substitute. One section eliminated by the com- mittee would have authorized the President to make loans or paymernts to needy individuals and make grants, loans or contracts without restric- tion. Another provision eliminated would have permitted the President to ac- quire by purchase or by the power of eminent domain any real property, then improve it and dispose of it as he saw fit. Still another section stricken out ‘would have authorized the Executive to consolidate, redistribute, abolish or transfer the functions and property of any emergency Federal agency and delegate the power conferred upon him to any Government bureau or corporation. The words “relieving economic maladjustments” also were stricken from the provision describing the pur- poses of the fund. Final action was deferred until to- morrow. Meanwhile, debate on the House- approved measure began on the Senate floor without waiting for the commit- tee to act. Senator Barbour, Repub- lican of New Jersey, contended for separation of the direct relief fund of :%81‘0,000,000 from the remainder of the Lump Sum Left Intact. Administration followers, led by ! Senator Byrnes, said that despite the amendments, enough authority had been retained to enable the President to administer the act as he deemed necessary. They pointed to the fact that the $4,880,000,000 lump sum de- sired by the Executive to distribute as he saw fit, was left intact. Senator Glass, asserting that some members thought the proposed amend- ments restrict the President’s powers and that others do not, expressed himself as “pretty well satisfled with the changes.” Congressmen were informed that although President Roosevelt would be directly in charge of expenditures under the measure, he probably would delegate the details to subordinates. It was thought possible that among them would be Secretary Ickes, public works administrator; Rear Admiral Christian J. Peoples, head of the Procurement Division of the Treasury, and Harry Hopkins, emergency relief administrator. FLOOD TOLL IN GERMANY Four Soldiers Killed by Aval- anche and Two Others Missing. MUNICH, Germany, February 6 (P).—Several deaths were reported | today in Southern Germany, where rising rivers and broken dikes have followed severe snow and rain storms. An avalanche killed a patrol of four i soldlers in Bavarla and two other members of the group have been miss- ing for two days. Thrée people were drowned in the Rhine, which is rising rapidly. Vol- untary labor service has been polled from the population of the Black For- est and is working day and night to protect the dikes. The River Neckar has risen 20 feet. The village of Erk- heim was flooded when a dike broke. Guide for Readers Page. .B-16 .B-12 .B-11 A-15-16-17 ..A- Amusements Comics ... Serial Story Service Orders. Short Story S0cCiety seseeces SpOrts . eensiiens . A- Entered as second class matter post office, Washington, D. 15,16 &17 e Mourning Friends Amazed as Squaw “Returns to Life” By the Associated Press. MASSEY, Ontario, February 6. —Mourning Indians rode in from far and near to pay their last re- spects to Mrs. George Ow], sr., on the reserve here, in the western portion of Sudbury district and north of Manitoulin Islands. The Indians sat cross-legged around the body, placed on its bier six hours before. Then the squaw rose in her coffin. Amazed, her mourners rushed to her side. Mrs. Owl is now reported on the way to recovery. VAST RUM GANG HERE FAGES PROBE Thousands of Gallons of Liquor Smuggled In From Three States. Evidence that a gang of some 25 | men have smuggled several hundred thousand dollars’ worth of contraband liquor into Washington since repeal of the eighteenth amendment will be the second case presented to the special grand jury called to Investi- gate P. W. A. fraud charges, United States Attorney Leslie C. Garnett an- nounced today. This case, according to investiga- tors, establishes definitely that large- scale bootlegging is going on in| Washington despite the availability of legal liquor. An undercover investigation by agents of the Alcohol Tax Unit has established that alcohol and whisky have been run into Washington from New Jersey, Maryland and Virginia. Washington was described as the “distribution center” for this untaxed liquor. It was reported that investigators have learned more than $150,000 worth of alcohol has been shipped to Washington from a single New Jersey plant without payment of any tax. The loss to the Government in unpaid taxes, it was believed, will run higher than $100.000. Sold as Taxed Liquor. It was expected the evidence Wil show the alcohol brought in from New Jersey has been used in preparing ah WASHINGTO! supposedly legitimate brands of blended whisky, much of which has been sold as legally taxed liquor. Most of the liquor from Maryland and Virginia is of the “moonshine” variety and is supposed to have keen peddled in pint and balf pint lots in the poorer sections of the city. Assistant United States Attorney Henry Schweinhaut, who will present the case to the grand jury, will seek indictments against 20 or 25 men, in- cluding several residents of Wash- ington. Board Approves Inquiry. Announcement of the grand jury inquiry into bootlegging here was hailed by members of the Alcoholic | Beverage Control Board, who reiter-| ated their intention of strict license supervision. They pointed out the| board has no power except over licenses. Mrs. William Beverley Mason, vice chairman of the board, said: “We have no information in hand of any organized gang which is en- gaging in bootlegging of beverages, but if proper authorities can produce the evidence we hope that the result will be to stamp out illicit dealings.” A similar statement was made by Isaac Gans, A. B. C. Board member, who stressed that the board, in co- operation with police, has been check- ing up very closely on the operations of the licensed dealers and has cited a number of license holders before the board on various charges, including failure to observe the tax-stamp rules. President Interested. Meanwhile, national efforts to wipe out the illegal liquor traffic occupied the attention of President Roosevelt. He told newspaper men at his press conference that through co-operation between this and other countries, the smuggling of liquor into the United States has been reduced sharply. The Chief Executive said that since prohibition was repealed, runners of alcohol have supplanted the old-fash- ioned liquor runners. The alcohol traffic up until recently was so large the United States was being defrauded of between $40,000,000 and $50,000,000 in taxes, Mr. Roosevelt said. There stil are some unplugged holes, he continued, but explained that by bringing about closer co-operation with Great Britain, Canada, Cuba, Mexico and the Bahamas, illegal sources of supply are being shut down rapidly. Newfoundland and St. Pierre he named as two sources which had not yet been closed. Pleased by Canada’s Aid. The President was particularly well pleased with the assistance Canada is rendering in patrolling the border and reporting the clearance of all ships bound for the United States. Probably for the first time in history, he said, the two countries have locked arms for a strong border control. Under the new agreement with Can- ada, the United States supplies air- planes for border patrol duty and the Dominion furnishes a mounted police officer to ride ‘with the pilot, thus making it possible to land on either side of the border. COLDER WEATHER DUE AFTER LIGHT SNOWFALL Sanding Crews Work to Improve Slippery Streets—10 Degrees Expected Tonight. Fair and slightly colder weather was the outlook today after a night of flurries which whitened the city under an inch of fresh snow and made slip- pery going for traffic. District sanding crews were out last night and early today working icy turns, hills and intersections newly dusted with snow. The mercury got down to 16 at 6 am. A minimum of 10 degrees is ex- pected tonight, followed by partly cloudy and somewhat warmer weather tomorrow. Moderate north winds are forecast. ‘Temperatures before noon today did not get above 20, D. C, ’ EXECUTIVE: ACTION ON GOLD SEEN IF RULING IS ADVERSE Proclamation Included Administration Plans to Act Quickly. in ROOSEVELT DENIES TALK OF CLOSING EXCHANGES Says He Has Not Discussed Step as Means to Curb Unfavor- able Result. By the Associated Press. A presidential proclamation declar- ing a “national emergency” was dis- closed in an authoritative quarter to- day to be embraced in administration plans in event of a Supreme Court decision adverse to the Government in i the gold cases. Although inquirers at the White House were told no such proclamation had been prepared, it was asserted elsewhere by an official who did not wish to be quoted that action could be expected within a matter of min- utes after the court renders its opin- ion. Treasury and Justice Depart- ment experts in touch with the situa- tion, meanwhile, reiterated confidence that the court would uphold the Gov- ernment. Exchange Closings Not Talked. President Roosevelt, in response to inquiry at his press conference, said today he had not discussed closing stock exchanges on the day the Su- preme Court hands down its gold- clause decision and would not discuss this question or the case until the de- cision is made public. This would indicate that swift ac- tion would be required if the ex- changes are closed. Some fear that a decision adverse to the Government would produce unfavorable market action. Closing of the exchanges would re- quire President Roosevelt’s approval. Officials explained that the law em- powers the Securities Commission to close the exchanges for a 90-day period, but only with the approval of the President. Commission Believed Guide. It was believed that in usual cases the President would accept the rec- ommendations of the commission. Officials said there was nothing to indicate that either the commission or the President were in doubt about authority over the exchanges. Just which of the many powers vested in him Mr. Roosevelt may choote to exercise turned on the court’s interpretation of the Govern- ment’s action in abrogating gold clauses in contracts. Legal analysts declined even to desig- nate what laws might be the founda- tion of a proclamation. But here are some of the things President Roose- velt may do by proclaiming a “na- tional emergency”: Investigate, regulate or prohibit any transactions in foreign exchange, transfers of credit and payments by banking _institutions. Lock the same rigid control on the export. hoarding, melting or earmark- ing of gold, silver, bullion or currency. with violators subject to $10,000 fine and 10 years' imprisonment, or both. Prescribe limitations on banking business. Could Curb Use Entirely. Halt the use of gold in meeting in- ternational balances—the only legal use United States gold now has as money. Change the gold content of the dollar within the 10-point bracket of between 50 and 60 per cent of the pre-devaluation content. The present dollar is 59.06 per cent of the old weight. Reduce the weight of the standard silver dollar in the same percentage that the gold dollar is cut. Issue United States notes to the amount of $3,000,000.000 for buying outstanding United States obligations. COTTON BARTER DEAL WITH GERMANY “DEAD” President Says Question Arose Whether Goods Would Be Under Anti-Dumping Clause. By the Assoclated Press. President Roosevelt today declared the proposed cotton barter deal with Germany to be dead. He explained at a press conference that Germany offered 25 per cent in cash and 75 per cent in goods for American cotton. The question, he said, immediately arose, among whether the 75 per cent in goods would not be material banned by the anti-dumping clause. Because of this the deal was finally bandoned, he explained. Three Bodyguards With Long on His Return to Capital Senator Shouts Greeting to Wife—Pleased by Atlanta “Show.” By the Assoctated Fress. Accompanied by three bodyguards and a group of friends, he called “just the gang,” Senator Huey P. Long re- turned today from a hurried trip to Louisiana to combat opposition to his dictatorship. o “Hello, folks,” he yelled to his wife and daughter as the train pulled in from the South. “Had a fine time in Atlanta,” he added to others, “it was a great show.” The Senator yesterday addressed the Georgia House of Representatives. His secretary and another delega- tion of “only friends” met him at the station, 9 within the government and | United States merchants ! ¢ Foeni ‘WITH SUNDAY MORNING EDITION o Star WEDNESDAY, FEBRUARY 6, 1935 —THIRTY-FOUR PAGES. J QUIDE\ i oW L e b N sl Lo ’/ / Shipbuilder Says Wine Is Part Of Successful Warship Trials Company Official Defends Practice of Charging U. S. for Liquor Consumed in Tests Given Ships. By the Associated Press. Wines and liquor were described to- day by N. R. Parker of the New York Shipbuilding Corp. to be often as “necessary as steel” in building war- ships. His statement popped out in the midst of an explanation to the Senate | Munitions Committee of cost-plus contracts during the war in which the company sought to charge the Government for wines served on trial | cruise parties. Earlier, the committee received testi- mony from Parker that Charles Den- by, brother of Edwin Denby, President Harding’s Secretary of the Navy from 1921 until February 18, 1924, was employed in 1922 and 1923 as a representative of the corporation in the Orient. Previous testimony indicated the charge for wines was disallowed. “Wines and liquor are just as nec- essary as steel in many cases” the | company treasurer told the committee. “I presume you would say they | should be included in the Vinson (big | navy) bill,” Senator Clark, Democrat, | of Missouri, pressed. “I think so.” Parker replied, gravely. Urged by Clark to explain, Parker began: 1 should like to paint a picture—" “Since the Government was asked to pay the bill and 10 per cent profit for giving the party.” Clark, “it ought to be a bright picture.” The conversation referred to war- time periods. Unruffled, Parker went on to explain | that “demijohns of liquor were placed right alongside the coal pits on these trial cruises so the men could have their drink.” He said no liquor parties weré held on naval ships, but he added that "(Continued on Page 3, Column 3.) HEARING ORDERED FORNAVY OFFICER Weyerbacher to Face Board on Changes Made by House Group. By the Associated Press. Secretary Swanson today ordered Comdr. Ralph D. Weyerbacher, Naval Aircraft procurement officer, before a board of inquiry to explain a letter in which he was said to have offered his services as a “technical advisor” to an aviation concern. Swanson disclosed his action at a press conference, following a demand by Chairman McSwain of the House Military Committee for information concerning disposition of the charges. “I thing the officer is entitled to a public hearing.” Swanson said. He added that the board would seck “to determine the facts as sub- mitted by the House Committee.” Swanson said the letter was written “in: such a way that I thought it ought to be inquired into.” Has Place on Board. Weyerbacher is one of two Navy officers representing the department on a central aircraft procurement board recently set up by Admiral C.J. Peoples, Navy paymaster general and Treasury procurement officer. Swanson said, however, he had not “heard” of any intention to make Weyerbacher chief naval aircraft pro- curement officer. Admiral William H. Standley, chief of operations, after the conference in- sisted that Weyerbacher had not of- fered his influence to the company in connection with its bidding on Navy contracts. Earlier today McSwain said there would be “some action up here unless there is some in the Navy.” He said that although the informa- tion available to the committee had been turned over to the Navy, nothing had been done. Cites Officer’s Story. He said also that earlier this week the officer, whose name he did not mention, appeared at a secret meeting in the Military Committee room to acknowledge that: He offered to be a consulting engi- neer for a new airplane company for a monthly retainer of $1,500, plus ex- penses and $100 for each day he actually worked. Because of that testimony, McSwain said, the committee would fight bit- terly a reported plan to give this offi- cer an important post in the Navy's new procurement division. The officer, McSwain asserted, “heard there was a possibility he would get that job and he just wanted to come up here and tell us that he favored competitive bidding so we would tell the president, ‘All right, give him the job.”” Refuses to Be Outdone. “We're just as smart as he is,” Mc- Swain added. Then he told this story of the hearing: The Navy officer asked to be heard. He testified he favored competitive bidding for all aircraft. The com- mittee called in Edward P. Warner, former Assistant Secretary of the Navy and & member of the President’s Avi- ation Commission, asking him about the Navy officer’s attitude, WILLIAMS GIVEN 0.K.BY PRESIDENT I |Recovery Chairman In- dorsed After Labor De- mands Resignation. By the Associated Press. A letter completely indorsing S. Clay Williams as chairman of the National Recovery Board was made public by organized labor demands for Williams' resignation. Simultaneously, Mr. Roosevelt called in congressional leaders to formulate legislation for the new N. R. A. Those invited to the parley included Speaker Byrns and Senator Robinson, the | Democratic leader; Chairman Dough- | Committee, Chairman Harrison of the | Senate Finance Committee, Senator Wagner, Democrat, of New York; | Chairman Rayburn of the House In- | terstate Commerce Committee and Representative Taylor, Democrat, of Colorado. Gathering of this group of Capitol for discussion of social security legisla- tion, but the primary object of the meeting was to go forward with meas- ures on N. R. A. Mr. Roosevelt plans a message to Congress on this subject in the next week or 10 days. Letter Sent to Green. The letter on Williams was ad- dressed to Wililam Green, president of the American Federation of Labor. Its publication was occasioned by statements attributed to Green that the President had told him it was in- advisable to remove Williams at this time. Mr. Roosevelt turned to his secre- tary, Marvin H. McIntyre, and directed him to give reporters the letter dated g:fie:nber 21 with the salutation “Dear 1t follows: “I think it is perhaps best that I should not reply officially to the res- olution and action of the contention of the American Federation of Labor in regard to the appointment of Mr. Clay Williams, There is no need for any controversy over the resolution or in regard to a number of inaccuracies of fact and conclusion in the resolu- tion. Service Is Praised. “As you know, I appointed Clay Willilams after real consideration of all the public and private interests (Continued on Page 10, Column 1) STORM SINKS FREIGHTER Twenty-Six Believed Drowned in Heavy Seas Off Japan. ‘TOKIO, February 6 (#).—The Japanese freighter Fuji Maru was be- lieved to have sunk with its crew of 26 today in a fierce snowstorm off Shizuoka. ‘The vessel signaled for help as it wallowed through heavy seas and then disappeared from the sight of those on board nearby fishing craft. The fishermen were prevented by rough water and high winds from going to the distressed freighter's aid. ” interrupted | | President Roosevelt today in reply to | | ton of the House Ways and Means | Hill leaders also offered opportunity | '3 PLANES BURNED ATBOLLING FIELD Spectacuiar Blaze Destroys Commerce Department Hangar. (Pictures on Page B-1.) Three airplanes, a truck loaded with | 300 gallons of gasoline, four automo- biles and a large quantity of aviation | equipment were lost this morning in | a $100,000 fire which destroyed the | hangar at | Commerce Department | Bolling Field. ‘The fire, believed to have originated in a radio unit being repaired in an airplane, burst through the hangar roof and sent up flames and smoke visible over downtown Washington. Three alarms brought equipment from Washington to reinforce service fire- fighters from Bolling and Anacostia Naval Air Station. Only two men were slightly burned, although four Commerce Department mechanics and a test pilot in the hangar when the fire broke out had to flee the swift-spreading flames. a mechanic, and Pvt. L. P. Porta, member of the post firefighting com- pany. Both were treated at the field dispensary. Flames Spread Rapidly. Johnson said he was working on a radio installation in one of the air- planes when there was a muffied puffing noise and a burst of flame. equipment could be saved. Among the contents of the hangar lost in the flames were a new Fairchild monoplane, assigned to Eugene L. Vidal, United States director of air transportation: a Bellanca transport plane and the Stinson radio test plane in which Johnson was working. A gasoline servicing truck and four auto- mobiles, belonging to Commerce De- partment men, also were lost. The destroyed .quipment included four or five airplane engines, $10,000 worth of new airplane propellers and radio equipment. Officers at the fleld believed a short circuit in the radio touched off the fabric of the plane and spread to gasoline lines. As flames raced over the hangar, the gasoline truck became ignited and scattered blazing fuel. The tank failed to explode, however, Gas Supply Is Spared. Wind blew the flames away from a shed about 10 yards to one side of the hangar, where 600 gallons of gasoline was stored. Oil and gasoline drums were removed from the vicinity. Today’s was the third serious hangar fire at the field. The worst blaze occurred about five years ago. In addition to Johnson, those in the hangar at the time of the fire were John Saure, in charge of the hangar; Lieut. Nelson Gaunt, a test pilot; E.F. Sheffield, a mechanic, and a radio man named Norris. NEW BRITISH DOLE BILL IS CONSIDERED Cabinet Meets on Call of Labor Minister Arter Commons Disorders. By the Assoclated Press. LONDON, February 6.—The cabinet met today to consider legislation nec- essary to overhauling the British dole. Oliver Stanley, minister of labor, yesterday promised Parliament a new bill, following complaints from all parties which culminated in disorders in the House of Commons January 28. The present dole system, which brought 16,000,000 persons within its scope, established an unemployment assistance board to handle both tran- sitional benefits and out-relief to the able-bodied unemployed. The transi- tional benefits are those paid to in- sured unemployed whose contractual benefits under the state insurance scheme have lapsed. The cost of the transitional benefits is borne entirely by the national ex- chequer. They are paid only after the applicant is able to pass a tight “needs” test. Balloon Race Date Set. WARSAW, February 6 (#).—The Polish Aero Club today fixed Septem- ber 15 as the date for the 1835 Gordon Bennett balloon _race, starting at = p Those burned were Ernest A. Johnson, | | quired solicitously about her health. The fire spread so rapidly none of the | Yesterday’s Circulation, 132,144 Some Returns Not Yet Received FHH (®) Means Associated Pr TWO CENTS. ‘BRUNO LOSES EFFORT TO SHOW FISCH HAD GOLD NOTES IN 1933 Justice Says Prove Money Defense Must Referred to Was Ransom Cash. FINGERPRINT ABSENCE FROM LADDER STRESSED BY REILLY . |Police Called to Admit None of Marks Identified After Crime Were Haupt- mann’s—State Methods Told. BULLETIN. FLEMINGTON, N. J., February day that no floor board was missing attic in August, 1934. 6 (/) —Gustav Miller testifled to- from Bruno Richard Hauptmann's The State contends that a portion of one of the floor boards was used by Hauptmann in making the kidnap ladder. Miller, a plumbker, said that. he of last year to investigate a leak and ssing. went to the attic early in August that none of the floor boards were (Copsright. 1933, by the Associated Press.) FpEMINGTON. N. J., February 6—Bruno Richard Haupt- mann’s defense, fighting to prove the dead Isador Fisch got the Lindbergh $50,000 futile ransom, was temporarily balked today in an attempt to show that Fisch exhibited gold notes in 1933. At the noon recess decision on whether Oscar John Bruch- mann, a Bronx taxi driver once employed by Fisch, could answer a question pertaining to gold notes had not been reached by the court. Edward J. Reilly, defense chief attorney, in answer to objec- | tion by Attorney General David T. Wilentz, declared Bruchmann's testimony was offered “for the purpose of showing the sudden affluence of Fisch and his wealth and his display of certain gold- back bills that he had in May, 1933.” Il Woman Juror Takes Medicine | In Court Room Three Slices of Cake and a Cold Bring Call From Doctor. By the Associated Press | FLEMINGTON, N. J., February 6.— A doctor was called today for Mrs. Verna Snyder, Hauptmann juror, who ate hearty slices from three cakes last night at & jury birthday dinner. Dr. Barclay H. Fuhrmann took his little black bag to Mrs. Snyder’'s room on request of Sheriff John H. Cur- tiss, who said, “Mrs. Snyder is com- | plaining.” “She has a slight cold,” Dr. Fuhr- mann reported after his visit, “and, of course, overeating aggravates a old. | “She will take medicine in the court room today.” | Mrs. Snyder came to court in her garden flower dress—moss roses on ! a blue background—but had a sub- dued air. She solemnly answered ! “here” when the roll was called. 1 Justice Thomas W. Trenchard | came down from the bench and in- | “I'm fine,” said Mrs. Snyder, with a feeble smile. LAFFOON, ON TRP, 1S DEFIED BY FOE Lieut. Gov. Chandler Calls! Special Session to Pass Primary Law. By the Assoclated Press. FRANKFORT, Ky.. February 6.— Seizing his opportunity when his po- | litical adversary, Gov. Ruby Laffoon, | went to Washington, Lieut. Gov. A. B. | Chandler today called a special ses- sion of the Kentucky Legislature for Friday to enact a compulsory primary law. | Gov, Laffoon opposes a primary and | recently moved the Democratic State Central Committee to call a conven- tion this Summer to nominate his successor and other officers. The convention was called despite a plea from President Roosevelt pre- sented by Senator Alben Barkley that a primary be called. SENATOR'S ARREST ASKED. Ohio Sheriff Asks D. to Jail Kentuckian. By the Assoclated Press. CINCINNATI, February 6.—Arrest in Washington of John T. Murphy, Kentucky State Senator and a leader under the administration of Gov. Ruby Laffoon, was asked today by Sheriff George A. Lutz of Hamilton County. Murphy, resident of Covington, Ky., has been declared a fugitive from justice here for failure to appear for trial under an indictment charging forgery. Acting on the advice of Prosecutor Louis J. Schneider, Lutz wired chief of police, Washington, D. C.: “State Senator John T. Murphy, Covington, Ky., is fugitive from justice from Ohio on forgery charges. Arrest, de- tain and advise immediately. Ex- tradition papers will follow.” Refusing to appear here narly .two years ago on the ground that he was needed in a session of the Kentucky State Legislature, Murphy has been regarded as a fugitive since, even though Gov. Laffoon personally ap- pealed to the court in behalf of his Senate leader. Capt. B. W. Thompson, assistant chief of detectives here, wired back to Ohio authorities today for additional information, immediately after receiv- ing a telegram requesting the arrest of State Senator John T. Murphy of Kentucky. Capt. Thompson also re- C. o | quested that a copy of the Ohio war- rant be sent here. I Wilentz objected again to “taking from the mouth of a dead man and bringing into this court words which it is impossible to meet and which he knows is impossible to meet.” Reilly replied: “I say it is material and it {s com- petent to show—and we have charged here in the defense repeatedly—that this money was in the possession of Fisch and the box that he gave to Hauptmann Hauptmann has testified he left with him, and it contained money which afterward people have demonstrated here contained notes that had been registered as part of the Lindbergh money. Still Part of Case. “Now it is unfortunate that Mr. Fisch died, but still it is part of our case, we contend, to show that Fisch was going around New York after the ransom money had been paid by Dr. (John F. “Jafsie”) Condon, exhibit= | ing gold bills to different people and trying to exchange them with differ- ent people, and that he left part of | them with Mr. Hauptmann. Justice Thomas W. Trenchard ruled, at a conference before his bench just before declaring the recess, that the defense would have to show that the money Fisch was alleged to have ex- hibited to Bruchmann was actually ransom money. Otherwise, the court said, Haupt- | mann’s attorneys would have to aban- don that line of questioning. Fisch Had Shoe Box. Earlier the defense used a witness to say that Fisch had carried a shoe box in May, 1933. It was in a shoe box that Hauptmann claimed Fisch gave to him, for safe keeping and without telling him of the contents, the $14,600 Lindbergh ransom money which was discovered in his garage. His attorneys also called several New Jersey police officers and through them re-emphasized the failure of the authorities to find any fingerprints of Hauptmann on the kidnap ladder or in the nursery from which baby Charles A. Lindbergh, jr., was stolen. The cefense called Lieut. Paul Sjostrom of the New Jersey State Po- lice and learned from him that of 68 finger marks found on the ladder— after it had been handled “by hune dreds of people”— only 8 were identi= fied, and none of these were Haupte mann’s. The prosecution immediately brought out that if Hauptmann had handled the ladder and had worn gloves his fingerprints would not be found. The prints found, if was testified, were produced by a silver-nitrate method discovered after the kidnaping date, March 1, 1932. Several police have testified no fingerprints of value were found on the ladder immediately after the crime. Sergeant Is Heard. Sergt. Louis Kubler, a New Jersey trooper sometimes assigned to finger- print work, was examined along simi« lar lines, and Trooper Frank A. ” (Continued on Page 4, Column 7.) MAN AND TWO SONS BATTLE DETECTIVES Trio Indicted at Utica, N. Y., in Connection With Poison Alcohol Deaths, Captured. By the Assoctated Press. NEW YORK, February 6.—Salvatore Di Benedetto, 42, and his two sons, Philip, 19, and Michael, 22, under indictment in Utica, N. Y., in con- nection with poison alcohol deaths, were captured early today in Brooklyn after they had been traced to an apartment by Utica detectives. The three put up a fight when police broke into the apartment and several shots were fired, but no one was hurt. The elder Di Benedetto and one of the sons, Philip, attempted to escape by jumping out of a window, but were captured as they dropped to the ground. Tt 0il Executive Dies. LOS ANGELES, February 6 (#).— Abraham Heineman, 68, a native of North Carolina and president of the Seaside Oil Co., died here of & heart