Evening Star Newspaper, December 9, 1936, Page 23

PERIURY CHARGES ~ VOTED FOR THREE . . SILENT WITNESSES . Grand Jury Takes Speedy Action in 0’Brien Shoot- ing Case. PLEADING NOT GUILTY, ALL ARE PUT IN JAIL Six Other Defendants Are Found Guilty on Assault In- dictments. Acting with unusual speed, the Dis- trict grand jury today returned per- jury indictments against three Gov- ernment witnesses whose memories failed them in the trial of six al- leged members of the “warring mob” on shooting charges. The witnesses were arraigned im- , mediately and committed to jail after pleading not guilty. They are Joseph Edward O'Brien, the man who was shot by the gun- man; William R. (Country) Car- penter, and Harry (Spike) Behrle, supposed eye witnesses to the shoot- ing. Bond tor O'Brien was set at $5,000, while Justice Peyton Gordon required the others to post $7,500 before they can be released. Indictments to Be Attached. United States Attorney Leslie C. Garnett had planned to ask that the three men be brought to trial tomor- row, but this became impossible when Defense Attorney F. Joseph Donohue asked for five days in which to file | pleadings attacking the indictments. The three defendants in the perjury case had been called to testify for the Government in the trial of Warring | and five of his associates, which was concluded yesterday when the jury found all of them guilty. O'Brien, Carpenter and Behrle, when called to the witness stand in the shooting case, said they could not remember anything about the shooting and added they could not identify any of the defendants. Carpenter and Behrle also pro- fessed to have no recollection concern- ing signed statements they allegedly had given police. Those convicted last night are Jo- seph S. Bond, George (Teddy) Tear, Samuel S. (Monte) Montgomery, Charles R. (Rags) Warring, Clarence (Cocky) Ware and John Sweeney. They were found guilty of assault with & dangerous weapon and assault with intent to kill for shooting O'Brien ! in front of a restaurant at 212 Sec- | ond street southeast last July.” Each | faces & maximum jail sentence of 25 years. | The guilty verdict was announced | last night after a momentary mis- understanding in which the defend- ants thought they had been acquitted. Broad smiles crossed their faces as the jury foreman. in response to a question by the clerk as to whether they had found the defendants guilty or not guilty, answered “not guilty” in the case of each man. The court had started to record the not guilty verdict when one of the Jurors exclaimed: “But there is some mistake. That is not our verdict in full.” Questioning by Judge Gordon then | brought out that the jury foreman thought he was announcing the verdict only on the first count of the eight- count indictment. The foreman ex- plained they had voted not guilty on the first six counts, which charged | each of the defendants individually with firing the shots, and guilty on the | Indicted today for perjury Carpenter, right, is shown leavi a detective. | [ charge. w. after he claimed he couldn’t re=- member details of the shooting of Joseph E. O’Brien, to which he was supposed to have been an eyewitness, William R. (Country) ng District Court yesterday with Harry (Spike) Behrle, who also suffered loss of memory when called upon to testify, hid his face as he left court in company of a detective. He, too, was indicted today on a perjury —Star Staff Photos. DUKE FACES TRIAL ON TWO CHARGES Misdemeanor Count Looms For Handing Envelope to Jury Foreman. By a Staft Correspondent ot The Star. ALEXANDRIA, Va., December 9.— | Jesse C. Duke, disbarred Washington attorney, may be tried in United States District Court here in the next | few days on two charges growing out of his connection with the Hoeppel case, it appeared today. Indicted by a grand jury Monday on a charge of harboring and concealing | Federal fugitives—Representative John | H. Hoeppel and his son, Charles J. Hoeppel—Duke today faces a possible misdemeanor charge for his admitted act of handing the grand jury fore- man a sealed envelope after the jury | was impaneled, as the result of a ruling by Judge Luther B. Way late | yesterday Dismissing the bench warrant he hada issued against Duke for contempt of court, Judge Way ruled that the | lawyer’s act in handling a written | communication to a juror is a “crime” that must be dealt with under a spe- cial statute recently enacted by Con- He thus cleared the way for prosecu- seventh and eighth counts, which|tion of Duke under the statute by charged them collectively with assault | either the introduction of a complaint with a dangerous weapon and assault | by United States District Attorney GOV.NICE WILLING TOSMOOTH ISSUES |Executive Says Main Idea Is to Pass Unemployment Insurance Bill. BY the Assoclated Press. ANNAPOLIS, Md. December 9.— | Gov. Harry W. Nice today said he was willing to meet any committee or group of the Legislature to iron out differences, as the storm-tossed Maryland unemployment insurance bill, drafted by the Governor's com- | mittee, came up for hearings. The Senate Finance and House | Ways and Means Committee selected | the House of Delegates’ chamber for the hearings to give an opportunity for proponents and opponents of the | measure to state their case. With opposition threatening to cut out the main provisions of the Gov- | ernor's committee bill—opposition partially based on political factional- ism—Gov. Nice said his main idea was to have a bill passed in time to protect the State's interest. “I am willing to grant the request of any committee or group of the Legislature for a conference on the bill,” the Governor said. “I can't see anything political in the issue. But if there is any political difference, I am willing to meet and try to iron it out. ASHINGTON, D. C, TH SUNDAY MORNING EDITION CARTAKING VI OF GUN ATTACK 0 HOSPAL CRASS Driver of Other Machine in Collision Is Seriously Injured. INQUEST IS SCHEDULED IN DEATH OF YOUTH, 6 Man Is Exonerated by Jury in Accident Fatal to Treasury Department Employe. BULLETIN, Everett K. Van Deusen, driver of the bus that killed 6-year-old James Tate, was exonerated today by a coroner’s jury after testimony revealed the boy was crossing the street in the middle of the block. Several witnesses testified the ve- hicle was traveling only about 18 miles an hour when it struck the boy, almost in front of his home at 60 New York avenue, yesterday. Joseph Freeman, 50, of Suitland, Md., was seriously injured early today when his automobile collided at Ninth and E streets with a machine which was carrying & wounded colored man to a hospital. Freeman is in a critical condition back, a fractured left arm and in- ternal injuries. A few minutes before the accident, the colored man, Samuel James, 32, |of 1138 Third street, was attacked by | three other colored men, one of whom shot him through the cheek. The men fled, leaving James unconscious on the sidewalk near Pierce street and New Jersey avenue, John Clark, also colored, 426 H street, discovered the wounded man and started with him to a hospital. After the crash James was taken to Casualty Hospital. | A coroner’s jury this afternoon exonerated James R. Shoemaker, 1507 | | Rosedale street northeast, driver of | the automobile which killed Mrs. Lida | Gridley, 55. Mrs. Gridley, wife of Leonard C. Gridley, & Treasury De- partment accountant, was struck by Shoemaker’s car Monday. Inquest Scheduled Today. The jury also was conducting an inquest into the death of 6-year-old in Emergency Hospital with a broken | WEDNESDAY, DECEMBER 9, 1936. 150.C. MOTORISTS DUE TODAY BEFORE POLICE GRAFT JURY (Evidence Complete to Seek Indictments in Prince Georges Cases. FOUR DAYS EXPECTED BY BOWIE FOR PROBE Marbury Indicates Auditors Who Examined Books and Files Will Appear. At least 15 Washington motorists were scheduled to appear today be- fore the Prince Georges County, Md., grand jury reconvening in Upper Marl- boro to consider police graft charges. State’s Attorney Alan Bowie and Special Prosecutor Ogle Marbury said their evidence was complete to seek indictments against individuals named by the Capital autoists in complaints against alleged police irregularities. Consideration of the documentary data and hearing of witnesses should not take more than four days, Bowie said. The Keystone Automobile Club, instrumental in starting the inquiry last October, has been asked to con- tact nearly 50 drivers here for testi- mony before the panel. Auditors Expected to Appear. Whether other witnesses besides in- vestigators, who have analyzed docu- ments and affidavits, would be called was not revealed by Bowie. It was indicated by Marbury, however, that auditors who have studied police ar- rest records, justice of the peace files, bonding books and court disposition papers would appear before the panel, headed by W. R. C. Connick of Baden. This special session of the jury was recommended by the group when it disbanded October 26 after hearing a few District motorists protest the re- puted law enforcement irregularities. Shortly later the Board of County Commissioners suspended three consta- bles pénding completion of the panel's investigation. Other complaints di- rected toward suspension of more officers were not heard by the com- missioners when the board decided to leave the inquiry entirely in legal hands until possible court action had been taken. Probe Begun Six Months Ago. Actually the investigation was started several months ago, when Louis Lebowitz, Washington and | Mount Rainier attorney, began scru- James Tate, who was crushed beneath the wheels of a Greyhound bus yester- day while on his way to attend mass | < 1 lat St. Aloysius Church. The -bus| ings to Keystone, whose attorneys | driver, Everett K. yan Deusén, 40, | Drchared cases presented io the jury | & week before its recess. | Brentwood, Md., was r at the 5 ‘}inquesz. 9, appes) At least six individuals have been Meanwhile the condition of John named to receive the jury's attention, Iumzmg police files and contacting L L Bank Makes Payment T Norr; issuing the check. LAW DEAN URGES RED RIDER'S END Best Way to Fight Commu- nism Is in the Open, Dr. Fitzpatrick Says. Columbus University Law School, to- day called upon the members of the Lions Club to demand of the next | Congress that the “red rider,” pro- hibiting the “teaching or advocating” | of communism in the public schools, | be repealed. Dr. Fitzpatrick addressed the club {at its weekly luncheon at the May- | flower Hotel. The address was the | second he has made in recent weeks | asking for the removal of the teach- |ing ban. Proponents of the rider, he said, “want to cure an evil by suppressive forces, not by intelligent discussion; they want to harass and terrify our public school teachers; they want our children to remain in ignorance and to pick up what knowledge they | Mrs. E. F. Small, 936 Madison street, a depositor in the Northeast Savings Bank, shown above receiving a payment on her account in the institution. L. H. Johnson, receiver, is shown Dr. John R. Fitzpatrick, dean of | 2 CLOSED BANKS PAYING DIVIDENDS {Depositors Slow to Call at District National and Northeast Savings. Depositors in the District National Bank and Northeast Savings Bank were slow to take advantage of the ad- | ditional dividends paid today for the first time. | Only a few were on hand early when | the banks opened, as the District Na- | tional pald out a second dividend amounting to 25 per cent of the origi- nal deposit, and the Northeast Sav- ings Bank paid 10 per cent. | The dividends, however, brought real | Christmas cheer, as they were paid out in plenty of time for Christmas. shop- | ping. Later on, it was believed, the de- | positors would flock to the two banks | |in large numbers to get their checks. In each case depositors are being notified by post card to call on a cer- | tain day. | Society and General PAGE B—1 KING ASKS BUREA OF PRISONS REPORT ON DISTRICT JALS Wants Study Made on Re- lationship to U. S. Gov- ernment. CROWDED CONDITIONS ALSO UNDER SCRUTINY, Cummings Gives Order at Request of Commissioners—Remedial Measures Sought. Senator William H. King of Utah, chairman of the Senate District Com- mitiee, today asked the Bureau of Prisons of the Department of Justice to study and report on relationships between the Federal Government and District penal institutions. At the same time, Attorney General Cummings announced that at the re- quest of District Commissioners he ig | having a special study made of crowd- ed conditions, with a view to giving support to remedial measures. Senator King asked for a memoran- dum covering all legal and equitable questions that would have a bearing on the extent to which Federal cases enter into the cost of the jail and re- formatory here. King's interest in improving jai conditions began when he inspected the institutions last Summer. After he gets the data called for today he plans to arrange a conference of in- terested officials, Federal and local, tc determine what legislation may be needed, not only to provide better housing conditions. but also to arrive at a fair apportienment of the costs. Probes Federal Offenses. The Senator said he wants to find out to what extent prisoners con- victed of Federal offenses are com- mitted to local penal institutions | Because of the Federal jurisdictior prevailing here, all serious crimes are tried as offenses against the United States, but King indicated he haé in mind particularly Federal offenses | of an interstate nature, such as viola- tions of the narcotics, white slave an¢ the automobile transportation laws. The Attorney General said that as a result of his visit to the District Jail Monday he had become “very much interested in the jail situation” and that he plans to confer with the Dis- trict Commissioners in the near future regarding plans for improvement. He said that while he has no offi v | The District National Bank dividend | +jz) jurisdiction over the jail or the | local autoists. Later he took his find- | it is known. If indictmeints are made | | can from the streets, and, above all|is being paid out at the old bank build- else, they want to fight in a manner | ing. 1406 G street. while the Northeast that is not American.” | Bank is paying off at Eighth and H “Communism,” Dr. Fitzpatrick con- |streets northeast, now operated as a tinued, “is a socio-economic germ |oranch of the Hamilton National Bank. which, when brought out into the Hours at the District Bank will be open, dies almost immediately. This | from 9 a.m. to 4 pm. daily, ineluding germ cannot live when exposed to |Saturday. At the Northeast Savings Schuckers, 65, of. 60 M street, who was critically injured by & hit-and- run truck yesterday, was reported | “unchanged” at Sibley Hospital. Schuckers, police said, was knocked down by the truck as he started to | board a street car at New Jersey and | New York avenues. Cab Driver Injured. | A collision between a taxi and a street car at Independence and Dela- ware avenues southwest early today sent the cab driver, Edwin W. T.| Desmarets, 26, of 411 A street south- | | east, to Casualty with head and face injuries. | Other victims of traffic mishaps in- cluded Arkey N. Loving, 33, of 3215 | Tenth place southeast, who was cut |about the face, and Anthony B. S. | Consol, 63, of 1246 Oates street north- | east, who suffered an injury to his trial will probably be held next month | unless the Maryland Legislature en- acts laws changing the present Prince Georges police system. This legislation may come in the January session of the General® As- sembly, since the constabulary set- up has been challenged as unconsti- | in Circuit Court in Upper | tutional Marlboro. The court is now consid- ering attorneys' briefs in the litiga- tion made, revising the entire police sys- tem. trial would probably be held in | April. AIR DERBY OFFICERS WILL BE NOMINATED If such statutory change were | Nominations for officers of the “My main idea is to have a bil | left hand. | Washington Air Derby Association with intent to kill. | After the verdict was in, Judge Gordon committed the defendants to Jail to await sentence, which will be | imposed later. | Carpenter and Behrle, both sup~} posedly eyewitnesses to the assault, | Sterling Hutcheson or by recall of the grand jury to consider an indict- ment against Duke for his action. Since the grand jury was dismissed | yesterday, prosecution of Duke on complaint is held to be more likely. Attorney Hutcheson said he is con- | passed to protect the working man | objective.” Representatives of the Baltimore As- sociation of Commerce arranged with the Finance Committee to make their Joseph N. Brenner, 39, of 738 QUINCY | will be received at the final 1936meet- | | icide act after an inquest into the | death Sunday of George Ward, 70, of | West Swanzey, N. Y. Benner was the | | driver of the automobile that a'.ruck' and the State'’s interest. I am willing | Street, yesterday was held for Police | ing of the group at 8 p.m. Friday in the to go as far as possible to obtain this | Court action under the negligent hom- | ynjversity Club, formerly the Racquet Club. Final reports of outgoing officers and committees will be submitted. Plans will be made for the local the rays of truth and intelligence, but it most certainly can and will thrive in thi dark rooms of intol- erance and bigotry. * * * “Our position on communism is clear. It must be fought, it must' be stomped out. Instead of hiding | its defects, let’s bring them out in the open. Let's tell our children | about this system of government lest | | they, 1n their youth and enthusiasm, | pick up the crumbs of knowledge | from the streets and from pamphlets | of propaganda.” 1 Existence of the rider, Fitzpatrick | said, is “a step backward.” “Let us tell them (Congress) we are | able in this community to fight com- | munism without resorting to sup-| pressive measures and intolerance.” SILVER SPRING OPENS SANTA CLAUS LANE President of Business Men's As- sociation Throws Switch to Bank checks will be availablg to de- positors from 8:30 to 5 p.m.. except Saturday, when doors will close at 4 pm. The Franklin Liquidating Trust con- | tinued to pay its additional dividend, amounting to 25 per cent of the re- mainder, at the office of the former | Departmental Bank, 1714 Pennsyl- vania avenue. Houss at this place | will be from 9 to 5, except Saturday, | when they will be from 9 to noon. The Pranklin Liquidating Trust yesterday paid out about 1,500 checks, | according to Samuel M. Thrift, ex- ecutive secretary of the trust. Payments out of the three places from closed banks were estimated to total between $1,200,000 and $1,500,~ 000. . N \INJUNCTION ASKED BY PIN-BALL FIRM | Bar to Police Interference Pend- ing Disposition of Appeal other District penal institutions, he s glad of the opportunity afforded him | by the Commissioners to study the | problem and make recommendations. | The services of the Department of Justice, he explained, will be of an ! advisory nature. Practical Suggestions Denied. “We would like to make practical, constructive suggestions,” Cummings said in discussing his inspection of the jadl “First, we are giving the whole complicated problem careful study. There are several institutions involved, and all being overcrowded they com- bine to present a perplexing problem. “Among the factors that must be | considered are the amount of money needed to correct conditions and the budget situation that might affect financing.” The Attorney General said he wanted to go into all these matters and then have a discussion with Dis- trict officials. “I am willing to indorse a project agreed upon as a result of such dis- cussions,” Cummings said. Meantime, the Executive Council of the Federal Bar Association joined the movement to provide adequate jail facilities. The council at a meeting last night in the office of the Department of Justice of Justin Miller, president of the association, adopted a motion by William Roy Vallance, State Depart- ment lawyer, that recommendations Is Sought. In a new move to keep pin ball machines going here, the Pioneer Light Forty Trees. Erecial Dispatch to The Star. SILVER SPRING, Md, December be made to the District Commissioners llor careful studies of the jail problem by budget and congressional authori- position on the bill known during the | Ward at North Capitol and U streets | ghservance of Wright day, December day. Labor interests and other groups | Saturday night. }11. the anniversary of the first air- also are expected to appear before| The jury held accidental the death | plane flight, at Kitty Hawk, N. C. found themselves unable to remember | sidering one or the other course of any details of the shooting when called | action | to the witness stand. They also were After a conference between James | the two committees. unable to identify any of the defend- | L. Laughlin, attorney for Duke; Judge ants as having been at the scene, and | Way and Attorney Hutcheson, Laugh- said they couldn't remember giving | lin said last night that the indictment statements to the police although they { against Duke had been tentatively set ‘ of Dr. Oliver L. Fassig, retired meteor- | A mass flight of local non-military airplanes is planned for 10:30 a.m. Senator J. Allan Coad, Democrat, | 0l0Bist, who died Sunday of injuries 7 rys, chairman of the Finance | received when struck by an automo- B T iy ficor Jeano. | blle November 20 on Connecticut ave- of the Senate, said that his committee | 2Ue- The verdict automatically exon- admitted they had signed the state- ments. O'Brien, still using crutches as a result of bullet wounds in his leg, took | the witness stand Monday and tried to avoid answering questions on the | ground he might incriminate him- | self. Assured this was not the case, he then denied having told Police Lieut. Clement Cox that three of the de- fendants—Bond, Tear and Montgomery —participated in the assault, and that Warring, Sweeney and Ware were at the scene. His story was that “some cers drove up, some fellows got out and there was some shooting.” He refused to be more explicit, despite insistent questioning. Ralph May, Navy Yard employe, testified that he obtained the license number of one of the two automobiles in which the gunmen drove to the scene of the shooting and turned it over to a policeman. Harry L. Robert- son, Virginia State policeman, took the stand next and said he arrested Tear and Bond about two hours after the shooting in a car bearing the same license number at Falmouth, Va. Strong Appeal Closes Case. The case was prosecuted by Assistant United States Attorney Irving Gold- stein. Forced to impeach his principal witnesses and with little other tangible evidence to rely on, he closed his case with a strong appeal to the jury for . conviction of all six men. “You saw what happened here,” he told the jurors. “Are we to have the ‘wheels of justice impeded in this coun- try because some people have ideas of settling their affairs in their own way? I would say frankly that when these men shot O'Brien they did little dam- age, but you must remember that the shooting occurred on a publi¢ street ‘where any innocent person might have been struck by the bullets. It is in the for trial next Wednesday, December day of the court’s session here. Representative Hoeppel and his son will both be brought here from the District of Columbia Reformatory at Occoquan, where they are under sen- tence of from 4 to 12 months, to tes- tify in behalf of Duke if the case, as is expected, is tried in Alexandria next ‘Wednesday, Laughlin said. Duke’s attorney was confident that a jury will acquit him of the charge of harboring and concealing the Hoeppels at Richmond. Delegates to the National Restaurant Association Convention, meeting at the Mayflower Hotel, peeked into the American kitchen today and decided it is no piace for women. “The ladies,” said Conrad Kolb of New Orleans, “are not cooks at heart. Civilization has driven them into it.” Contending that appreciation of cooking as a high art is sweeping the manly hearts of the Nation, he pre- dicted the next 50 years will find as many men bending over stoves as women. “However,” he sighed, “I'm afraid man never will totally replace women as cooks, for there are too many clever females who realize a tasty dish is as good a way to snare a husband as a winning smile.” Worten “Too Impulsive.” Peter Borras of Washington, who annually is host to hundreds of national and foreign dignitaries at the Madrillon restaurant, said women are interest of justice that these men be found guilty.” BAND CONCERT. too impulsive to become great cooks. “Try as they may,” he charged, “they can’t help carrying their emo- tional lives into the kitchen.” A self-designated psychoanalyst of 16, which is expected to be the flnali By the Marine Band Symphony Or- | food, Borras advanced the theory that chestra in the auditorium of the Ma-~ | certain moods bring about these ex- rine Barracks at 8 pm. today. Capt. | pressions in food: Taylor Branson, leader; Willam F.| An angry cook—Too much sea- Santelmann, second leader. soning. v 4 would end its hearings on the bill to- night. The committees considered the measure in executive session yesterday afternoon, after opposition had made itself felt in both the House and Senate. It was reliably reported to- day that Herbert R. O'Conor, attorney general, had been requested to draft a bill meeting only the minimum re- quirements of the Federal social se- curity act. Such a bill, it is understood, will have the support of the opponents of the committee measure. 'Kitchen No Place for Women, Restaurateurs Here Decide A weeping cook—A pasty mixture. A cook in love—Too much of every- thing. Food and Love Don’t Mix. “When a wife really loves her hus- band and everything is going fine,” he added, “the result will be some beau- tiful meals, but food is too serious a subject to become subjected to the passions of the heart.” Borras said he favors women as ©ooks for one meal a day—breakfast. “Let them spoil the eggs and burn the bacon,” he said, “providing they smile. At this time of day a smile means more than food.” When you tip your waitress it has no affect on the social security act. This was made clear yesterday after- noon, when Brig. Gen. James A. Drain of\ the educational division of the Social Security Board addressed the convention. - All pay roll payments by restauran- teurs or other employers are based on the actual payments made to workers, and the tips donsted by the public cannot be figured as a part of the pay roll unless the employer pays & proportionate part as taxes. The convention will end tonight with & banquet at the Mayflower in honor of the officers of the national association. { erated George H. Horton, 55, of 1301 | Fifteenth street, operator of the ma- | chine. Music in the Because of the intercession | that day. There will be an illustrated | review .afternoon and a dinner-dance at night. The Aero Club of Washington is co-operating with the Derby As- sociation in the observance. % Streets Again of Mrs. Roosevelt, Pietro Batag- lioli of 1610 Q street once more can grind out the tunes in his of aviation history in the | 9.—This town’s first Santa Claus lane | was formally opened last night with | |an outdoor program of community | Smith. pastor of the Woodside Meth- odist Episcopal Church. to ‘witness the lighting of the iane and hear the dedication ceremonies, which took place on the steps of the Silver Spring National Bank. William A. Walsh, president of the Silver Spring Business Men's Asso- ciation, which sponsored the celebra- tion, gave the address of welcome and pushed the switch which lighted the 40 evergreens forming the lane. The invocation was pronounced by the Rev. Joseph T. Kennedy, pastor of St. John's Church, Forest Glen, and the benediction was given by the Rev. Paul Groseclose, pastor of the Colesville Methodist Episcopal Church. singing and a talk by Dr. Raloh D.| Nearly 600 persons braved the cold | Novelty Distributing Co. today asked the United States Court of Appeals | for a temporary injunction preventing police interference, pending disposi- tion of an appeal from an order re- cently issued by Justice Daniel W. O’Donoghue banning the devices from | places of business. ! Through Attorney William R. Lich- | tenberg,” the company, which ¢ontrols more than 2,500 machines here, told the court that Justice O'Donoghue, in District Court, had upheld the Police Department and the district attor- ney's office in moving to confiscate | the machines and had denied any re- lief pending the appeal. ‘The machine owners and operators, it was contended, should be protected by the injunction because they have a greater property interest than do the law enforcement officials. It was pointed out that Justice Oscar R. Luhring had issued a preliminary re- straining order in behalf of Pioneer. Contesting the action brought by 22 neighbors to curb the ringing of the chimes at the Church of the Most Blessed Sacrament, near Chevy Chase Circle, Rev. Thomas G. Smyth, the pastor, in an answer filed in United States District” Court late yesterday, introduced a number of affidavits from non-Catholics in that section, who, as he explained, voluntarily came to the defense of the bells. These proponents, Father Smyth ex- plained, “swear that not only are they not aroused or disturbed by the chimes, but that they enjoy the sound of them; are uplifted and enthused by them, and that they are a great spir- itual help and enjoyment.” In. many instances, it was contin- ued, these persons live closer to the church than do some of the plaintiffs. ‘The morning Angelus, to which par- ticular objection was registered, the pastor pointed out, had been delayed an hour until 7 o'clock because some late-risers had complained. The An- Priest Defends 7 A.M. Chimes With Affidavits of Neighbors has a $700,000 property investment, and that the chimes cost $11,000. On them may be played “The Battle Hymn of the Republic,” “Yankee Doodle,” “America,” “Maryland, My Maryland” and “Taps.” The defendant “denies that the plaintiffis are of ordinary, average sensibility to sound, and, on the con- trary, says that if they were such type of person they could find absolutely no objection to the beautiful tones of the chimes.” Summing up, Father Smyth says that members of the parish “desire to live in peace and harmony with their neighbors of all creeds and have no desire to do anything at which they might reasonably take offense.” On the contrary, it is asserted, to restrain the playing at 7 o'clock in the morn- ing, “or any other reasonable hour,” or for the court to direct the playing of chimes at any scheduled hour would be an infringement on “freedom of religious worship,” and an invasion ties. The council acted after Miller, who is chairman of the Attorney General's Advisory Committee on Crime, re= ported that Cummings had been dee| ly impressed with antiquated facilities of the present jail during a tour of the institution Monday. Cummings was represented as de= ploring the fact that prisoners awaite ing trial, and who may later be ade judged innocent, are forced to mingle in crowded cells with hardened crimi= nals and are subjected to other ine dignities resulting from congestion and improper facilities. Vallance pointed out that recently as many as six or seven men have been forced to sleep in a small cell designed for only two inmates. The prisoners, moreover, are afforded no outdoor exercise, due to lack of @ fenced yard. Wants Modern System. The council feels that the District of Columbia should have a mode! penal system, in contrast to one that is a “relic” of other times. The jail situation was studied for the council by E. Barrett Prettyman former corporation counsel of the ! District, and Col. Hugh C. Smith of the Judge Advocate General's Depart- ment of the Army. Vallance was chosen as a delegate from the Federal Bar Association ta the convention of the House of Dele- gates of the American Bar Association in Columbus, Ohio., in January. Mil- ler and James Oliver Murdock also will attend the meeting, in their roles as delegates chosen by the American Bar Association. —— BIDS EXCEED FUNDS Schrom Strikes Difficulty in Mod- ernization Program. Fire Chief Charles E. Schrom en- countered a new difficulty today in his program to modernize the fire-fighting equipment when he found bids for the provision of nine new pieces of ap- paratus exceeded the appropriation by $12,000.. The lowest bids was $104,000 As a result, officials said, the specifi- mechanical piano. Pietro, who is 72, was arrested by police and refused a new license on the grounds he solicited alms. A friend wrote to Mrs. Ropsevelt, who wroteé to Commissioner Hazen. Hazen decided Pictro solicited no-alms and should have a new license. —Star Staff Photo. - 3 gelus, it was amplified, requires only | of constitutional rights. 50 seconds to sound; and-is one of the. sacramentals of the Catholic Church. ‘The answer sets out that the church cations would have to be revised, & shave off some desired facilities so & to bring the cost within the availabi