Evening Star Newspaper, April 21, 1937, Page 2

A—2 www THE EVENING STAR, WASHINGTON, D O, WEDNESDAY, APRIL 21, 1931, . JURY N RHODES TRIAL STILL 00T Second Deadlock Possible With Nearly 24 Hours’ Time Elapsed. BULLETIN. The jury considering the forgery charge against Fred B. Rhodes re- ported disagreement at 12:40 p.m., but was sent back for further de- liberation by Justice Peyton Gor- don. The jury’s brief appearance provided a brisk interchange be- tween Justice Gordon and William E. Leahy, chief defense counsel, after the court refused to rein- struct the jurors on ‘“reasonable doubt,” and also refused to redefine “intent” in accohdance with de- fense wishes. Leahy noted excep- tions. A second deadlocked jury was a Possibility today as the nine men and three women trying the forgery charge against Fred B. Rhodes continued to debate inconclusively nearly 24 hours after receiving the case. Locked up overnight, the jury, which had retired at 3:42 p.m. yesterday, re- sumed deliberations at 9:30 o'clock this morning and early this afternoon still was at it. Meanwhile, Rhodes, 61-year-old former president of the closed Fidelity Building & Loan Asso- ciation, which is now being reorgan- ized, sat in Criminal Division 1 of District Court or paced the corridors outside awaiting some word. Charged with forging a $1,500 with- drawal slip against the account of Desire A. Irr, 65 K street, a Fidelity depositor, to cover an overdraft, Rhodes was tried first last month. That jury, however, reported hopeless disagreement after 22 hours and was discharged by Justice Peyton Gordon, who also presided at the present trial. Ask for Definition. First indications that the jurors were having difficulty came at 6 o'clock last night, when they filed back into court and asked Justice Gordon to define forgery. Carefully Justice Gordon went over the matter, and the jurors, already out more than two hours, re-entered the jury room. After dinner they again resumed deliberations, and then at 10 o'clock were sent for the night to the Continental Hotel, under guard | of a deputy marshal, with instruc- tions to be back in court at 10 a.m. today. There were indications that if the present jury is deadlocked the Gov- ernment will go to trial on one of the other counts against Rhodes, who was indicted on 8 counts alleging forgery and 20 larceny. In his final i ctions Justice Gordon told the jury they must decide “whether the paper (Irr slip) was in- tended to defraud some one and whether it was apparently capable of accomplishing that.” An affirmative finding, he said, must bring in a verdict of guilty, adding that if there was “reasonable doubt” in the minds of the jurors it was their duty to acquit. Wilson Makes Last Plea. The closing arguments devolved upon Assistant United States Attorney John J. Wilson, who conducted the prosecution with Assistant United States Attorney Howard Boyd and William E. Leahy, chief defense coun- sel, who was aided by William E. Richardson. Wilson, in opening, declared that if the jurors were satisfied that Rhodes did not have authority to use Irr's ac- count “you must conclude there was intent to defraud.” in response, asserted that rs. Ruth §. Horner, a Government witness, who was assistant secretary and assistant treasurer of Fidelity, knew what was being done and that a record she kept, together with Irr's passbook, accurately reflected the ac- count of the Printing Office worker. He scoffed at calling the $1,500 withdrawal slip a forgery, FIDELITY GROUP OPPOSED. The Federal Home Loan Bank Board today had unde:r consideration highly conflicting arguments submitted at a board hearing yesterday as to wheth- er four men, former officials of the closed Fidelity Building and Loan As- sociation, should be members of the temporary Board of Directors of the proposed Federal Savings and Loan Association, successor to Fidelity. These men—Dr. Ralph W. S. Bon- nett, former president of Fidelity; Marcus Borchardt, former secretary; Harry J. Miller and John L. Fletcher —were objected to and criticized by one group of shareholders, but were &toutly defended and highly praised by another group. All four were present at the meeting. At one point in the hearing a warn- ing was issued that unless the four men objected to were removed an in- Junction would be sought in court to block the organization of the new institution as proposed. The hearing was spirited as feeling ran high, charges and counter-charges were hurled back and forth, and the “lie” was passed several times. The chairman, Fred W. Catlett, board members, several times had difficulty in preserving order. The board room was crowded to the doors, with people standing all around. At the close of the hearing Catlett explained that the problem of per- sonnel would be considered from sev- eral angles in connection with the application for a charter for the new Federal Savings and Loan Association. On only one thing did most wit- nesses appear to be agreed—that they wanted the New Federal Savings & Loan Association organized so as to make available 85 per cent of their funds, either in cash or for invest- ment in the new insured association. The big difference as disclosed at the hearing was whether the four men in question should or should not be on the board of the new association. Walter M. Bastian, attorney for the 12 men who signed the application for & charter, presented the case for them in opening the hearing. His recom- mendation on the four men was im- mediately subjected to attack, prin- cipally from G. A. Sullivan, 1003 Rhode Island avenue northeast, and Don A. Loftus, chairman of the De- positors and Shareholders’ Committee and president of Permanesque Homes Village, Inc., Alexandria. Bastian read a prepared statement outlining efforts made to organize the Federal Savings & Loan Association, and declared much of the credit for this went to the four men in question. Representing the Federal Home Loan Bank Bcaru ‘he hearing were Catlett, Vice Chair. T. D. Webb, Dr. H. E. Hoagland, Willlam F. Stev- enson, members of the Review Com- mittee; Horace Russell, general coun- sel for the board, and John W. Bal- lard, chief examiner. 4 | scratching in Kelly's radishes,” “I've | Washington Wayside Random Observations of Interesting Events and Things. BSACKED. NOTHER chapter has been written in that strange saga known as “The Eccentric Birds of Macomb Street.” You may recall last season the hero of the tale was a cardinal that had a mad passion for living in a garage. The latest characters are wrens, a whole flock of them, who have discovered that some of the residents are sheath- ing wistaria clusters with paper bags to prevent sparrows from nipping the After examining the bags, finding them light, airy and at the same time windproof, the wrens have moved in, making a home each night in a differ- ent sack, preserving a sort of tran- sient domesticity. * ok k% ADD SIGNS. Just beyond the Peace Cross on the Defense Highway there is a sign on a lunch room reading: Hamburgers. Hot Dogs. Sand Witches, * x ok x SCHOONER. ANDING in a gusty 30-knot north- west wind at the nearby airport | the other day, a Navy pilot found it impossible to turn down wind to taxi [to the usual parking line. Even with | a squad of enlisted men tugging on his wings, the wind was too strong to permit him to swing the ship broad- side. He pondered his plight for a few moments, then motioned to the | men to help him ease over to a ma- | cadam runway. There he faced his | plane full into the wind, cut his motor, cranked down his wing flaps. With the flaps acting as sails and his wheel brakes as steering gear, he | | nonchalantly “sailed” his land schooner | | tail first to the proper line. * X X *x SCARLET LETTER. OWARD ZANHISER, a public re- lations man down at the United States Biological Survey, brought back from a week end in Pittsburgh a tale that should put big, malicious ideas into the heads of all garden owners who live next door to chicken farms. Zanhiser says that out near Tio- nesta, Pa., where lives a rich banker, James Kelly, a flock of chickens had | been raiding the Kelly gardens for | weeks when a gardener named Benny | Charleston got a fine inspiration. He bought a supply of shelled corn and bored small holes in the grains. To each of these he attached a thread | and to each thread a small note, Soon peace reigned once again in | the Kelly acres, for when the neigh- bors’ chickens came home to roost, | hanging on their beaks were little messages reading, “I've been over in Kelly’s carrot patch,” “I've been been raising hell in Kelly's lettuce,” ete. * X ¥ % GUEST. Bitter disappointment has raged in our heart since we heard of the tired old gentleman who wandered into the lobby of this building at the height of the cherry blossom boom, parked a suit case in front of the “‘ad” counter and asked for a room and bath. The clerk ex- plained this was not a hotel, and referred the fellow to some of our neighboring hostelries—when, darn it, we would gladly have rented out a nice cozy spot for him to sleep on, provided he had mastered that special technique whereby news- paper men keep their feet out of the typewriter keys while snoozing on desk tops. LR O TRANSLATION. FOUR friends went out to the open- ing ball game in a taxi Monday, two of them dividing the fare on the outbound trip, the other two promising to do so as they returned. After the game was over, the quartet halled a colored cab driver, and the pair whose turn it was to pay up began discussing the probable fare and the proper tip for the driver. Having nothing else to do, they fell to arguing over the latter point, discreetly conducting the conversation in French. At the end of the journey, the de- bate over the tip still unsettled, one of the chaps asked the driver, “How much?” “Sixty cents,” he replied in perfect French. “And if you can't agree on the tip, don’t bother about it. It really doesn’t matter.” The linguists, too befuddled to answer, paid off with they know not how much and retreated hastily. * % ok % LEASE. THE manager of a cinema palace on Fifteenth street answered the telephone the other night and heard a suave, businesslike male say, “This is Col. Marvin McIntyre of the White House staff.” “Yes, sir, what can I do for you?” said the manager in his most dulcet voice. “Well,” said the fake Mr. McIntyre, ‘““we wanted to know if we could lease you our lawn. Thought you might want to use it to roll that egg we heard had been laid over at your theater.” The manager got it then. His call came from a local drama critic who had said if a certain film extravaganza “laid an egg” at the box office, it would at least lay the most stupen- W_FORBES MORGAN Former Democratic Na- tional Treasurer Stricken After Talk. BY the Assoclated Press. COLUMBUS, Ohio, April 21.—W. Forbes Morgan, World War veteran and victor in Wall Street financial skirmishes, who died at midnight, was mourned today by Democratic leaders of the Nation. The 57-year-old investment banker, drafted to handle finances of the Democratic party’s 1936 national cam- paign, collapsed in a State Capitol committee room. Recently named president of Dis- tilled Spirits Institute, a self-regulat- ing body set up by a major portion of the liquor industry, he had just fin- ished testifying before the House Judi- ciary Committee. He lost consclousness and fell to the floor. Members of the Legislature ap- plied artificial respiration in a futile attempt to revive the New York resi- dent who assumed his new duties only March 15 after winding up his work for the Democratic National Commit- tee. Coroner E. E. Smith said death was due to heart disease. Morgan's body was taken to a local undertaking estab- lishment. Pains Preceded Stroke. The World War veteran, a major in the 12th New York Infantry Regiment, complained of heart pains before he appeared before the committee to op- pose a liquor bill which would pro- hibit handling of any liquor in Ohio manufactured in another State which imposes discriminatory taxes against liquor manufactured in Ohio. “Any bill which sets up tariff walls between States is essentially bad legis- Jation,” Morgan declared. Morgan served as deputy governor of the Farm Credit Administration from 1933 to 1935 and became treas- urer of the Democratic National Com- mittee in July of the latter year. Vigorously pursuing his fund drive during the campaign period he re- ported that it had cost approximately $2,200,000 and that a deficit of ap- proximately $500,000 remained. His final duties included staging last month of Nation-wide “victory din- ners” to raise funds to pay off the deficit. First Wife Dead Since 1920, Morgan was married in 1904 to Edith Livingston Hall, who died in 1920. In September, 1933, he married 23- year-old Sarah Jackson Coonley of Concord, N. H., and Boston, member of a family prominent in New Hamp- shire and Massachusetts social circles. Born in New York September 22, 1879, he was a son of William Forbes and Ellen Bond (Robinson) Morgan. He attended the Harrow School in ed the brokerage business. From 1903 to 1906 he was a partner of the E. Rollins, Moss and Brothers, firm of Boston, Mass., and from 1906 to 1912 was a partner in the firm of Wilmerding, Morgan and Livermore. His business connections included directorships of the Arnold Constable Co., a large clothing store of New York City; Eaton Axle and Spring Co., Cleveland, Ohio; Derby Oil and Refin- ing Co., Wichita, Kans., and the Bronx National Bank. He was an Episcopalian and a mem- ber of the Knickerbocker and Racquet Clubs of New York. his New York address at 75 East Fifty-fifth street Launching his Democratic campaign fund vigorously and pursuing it during the campaign period, Morgan cost approximately $2,200,000 and that there was a deficit of approxi- mately $500,000. Predicted Deficit Erasure. After a brief vacation in Florida and the West Indies he returned in December and predicted that the cam- paign deficit would be wiped out with- in & two-month period. His formal appointment by the Distilled Spirits Institute was announced February 16, but he postponed taking over his new duties until March 15 to wind up his work for the Democratic Committee. In discussing his new job he de- scribed the organization's goal as one of us who are members of the ma- Jority party, responsible for the return of legal liquor, are anxious to see that the liquor industry is conducted on the highest plane possible.” W. Poulson, who had been with Mor- gan during the afternoon, came to the State House when he learned of Morgan’s death. He issued this state- ment: “I am inexpressibly shocked by the sudden death of Mr. Morgan. His services to the Democratic party as treasurer of the National Committee and as a campaign adviser were in- valuable. His gentlemanly qualities endear him to men of all political affiliations. Those who came in con- tact with him had great admiration for his leadership and his integrity. His death is indeed a great loss.” ENTERTAINED IN CAPITAL. Morgans Occupied Palatial achusetts Avenue Home. Mr. Morgan and his second wife entertained extensively here during 1936, when they occupied the palatial Auchincloss home at 2520 Masschu- setts avenue. Last Summer, they took a house on Long Island. They spent most of last Winter in their New York apart- ment, Recently the Morgans took an apart- ment at the Wardman Park Hotel. They entertained here for the last time several weeks ago with a large party in honor of James W. Gerard, former Ambassador to Germany and President Roosevelt’s official repre- sentative to the coronation of King George VI of England, and Mrs. Gerard. AGREE ON NEUTRALITY Senate and House Conferees Reach Mass- Compromise on Bill. A compromise on the permanent neutrality bill has’ brought Senate and House conferees near a final agree- ment. Conferees said they had decided to give President Roosevelt discretion in requiring that trade with belligerents dous, enormous eggs ever heard of in Hollywood. Inside-Out Garb Popular. Coats and dresses which give the ef- fect of bein~ customary garments worn inside out constitute “the latest” on the Riviers in France. A be on a ‘“cash and carry” basis. The provision as it passed the Senate was mandatory. O Traveling Post Offices. Traveling motor post offices are being established in South Africa. [ ] PARTYMEN MOURN England, and at the age of 20 enter- | g I |in the White House. He plans to go | He maintained | reported shortly after the November, | 1936, election that the campaign had | fer WP, I President, cruising about the - ing- | of public education, and said: “Those | TILe Are hisebiinittD tohWaBHIg Democratic State Chairman Francis | Career Ends W. FORBES MORGAN, Former Democratic nationad treasurer, who died in Ohio. ROOSEVELT PLANS DAVIS HOME VIS Stop at Beauvoir on Sched- ule for 10-Day Vaca- tion on Gulf. BY J. RUSSELL YOUNG. | In working out details for his trip to New Orleans, where he will go aboard the presidential yacht Potomac for about 10 days’ fishing in the Gulf of Mexico, President Roosevelt will arrange for a brief stop en route at Beauvoir, the old home of Jeflerson Davis, President of the Confederacy. The place now is the refuge for des- | stitute Confederate veterans. | To make his visit to the historical | mansion possible, the President is | planning to have his special train, which he will board here, go to Biloxi, Miss, one of the largest fish and shrimp packing cities in the South. Mr. Roosevelt will leave his train there and motor along the shore of the Gulf of Mexico to Beauvoir. This visit will be early in the fore- | noon of April 29. After about a half | hour’s stay at the old Davis home he | | will motor directly to New Orleans, possibly with a brief stop at Gulfport, Miss., the home town of Senator Har- rison. Luncheon in New Orleans. The President will have to speed | up his motor trip from then on be- cause he has accepted an invitation | to a luncheon in Wew Orleans | PATRIOTIC BODIES | of Independence, several chapters of | | Military Order of the Spanish-Amer- This will be Mr. Roosevelt'’s first Visit to New Orleans since he has been | aboard the yacht Potomac, which will | | be awaiting him, about 3 pm. and will immediartely head down the Mis- sissippi for the Gulf. | Mr. Roosevelt will have with him | | as fishing companions Capt. Paul Bas- tedo. his chief naval aide; Col. Edwin M. Watson, his chief military aide; | Dr. Ross T. Mclntire, White House physician, and Elliott Roosevelt, his second eldest son, who for the last two years has been living with his family on a ranch near Fort Worth, Tex. Marvin H. McIntyre, assistant sec- retary to the President, with a small executive staff, will accompany the President as far as New Orleans, after spending a day or so in that city, he will move to Galveston, Tex., where | A temporary executive office will be et up. He will act as a contact be- Gulf, and the White House. Galveston Landing Not Set. When the President’s vacation has come to an end he probably will land at Galveston, although the date has not yet been determined, it probably will be about May 12 or 13. Mr. Roosevelt will not head back to Wash- ington immediately, however, but will visit the Texas Agriculture and Me- chanical College, and the San Jacinto Battleground, both near Houston, From there, the President will go to Fort Worth to visit the home of Elliott, After two nights and a day there, he | ton aboard his special train | The President made few engage- ments for himself today, it being his | desire to catch up with an accumula- | tion of routine business which piled | high on his desk during the last week | while he was laboring over his revised budget message to Congress. He received calls from Repre- sentative Rayburn of Texas, Demo- cratic leader of the House; Senator Barkley of Kentucky, Representatives Vinson of Georgia and Hill of Wash- ington, Joseph P. Kennedy, chairman of the Maritime Commission; Dr. Ra- fanio de Mello Franco, former min- ister of foreign affairs of Brazil, and William A. Julian, United States treasurer. Trained for Coronation. To accustom horses to the flaunting decorations during the coronation pa- rade in London the animals are being driven between rows of men waving pieces of sacking. Congress in Brief TODAY. Senate: In recess. Judiciary Committee hears ponents of Roosevelt court bill. La Follette Committee continues in- quiry into labor conditions in Harlan County, Ky., coal flelds. House: Considers minor bills. Ways and Means Committee eon- siders new railroad retirement pension tax system. Rivers and Harbors Committee con- | tinues hearings on Florida ship canal. Labor Committee considers making Civilian Conservation Corps permanent agency. op- TOMORROW. Senate: ‘Will take up routine business. Judiciary ~ Committee continues hearings on President’s court bill. Education and labor subcommittee continues civil liberties hearings. House: Considers agriculture appropriation bill, Labor Committee meets 10:30 a.m. Naval Affairs Committee meets 10:30 am. Sub-committee on Deficiency of the Appropriations Committee resumes hearings 10 a.m. Special sub-committee of District | forded to all by the Constitution. | known value.” Committee resumes hearings on Col- lins tax bills 10 am. A FIGHT COURT PLAN Senate Judiciary Committee Told “Unqualified Stand of All Societies.” BY JOHN H. CLINI President Roosevelt’s plan to re- organize the Supreme Court has the unqualified opposition of virtually every patriotic society in the country, Francis H. Kinnicutt, president of Allied Patriotic Societies, Inc., told the Senate Judiciary Committee today. Following Rabbi Willlam F. Rosen- blum of New York to the witness stand, Kinnicutt said his group is unani- mousy opposed to the court bill which would add six new justices to the Su- | preme Court unless incumbents over 70 retire. regard it as “an attempt to make a political capture of the Judiciary, de- stroying its independence and its capacity to perform its constitutional functions.” In his attack on the measure, Rabbi Rosenblum had warned against the “tyranny of popular expediency” and said the court plan is “impractical, imperious impetuous and importunate.” “Means Dictatorship.” “However noble the aim of the laws may be, and however sincere or wor- thy the persons who seek a favorable decision from the court,” he said, “once it is established that by means of legislative modifications or other pressures a court can be reconstituted In every crisis to meet the demands of that crisis, government ceases to be & democracy and beoames a dicta- torship. The tyranny of popular ex- pedience may be as subversive a force as that of the demagogue and the dictator.” Kinnicutt told the committee his organization, composed of of more than 35 patriotic socleties, had voted unanimously to oppose the bill. He said he knew a number of | other patriotic societies, not affiliated with his group, had taken similar action. Among the groups affiliated with | his organization, Kinnicutt said, are the New York Chapter of the Sons of the American Revolution, Descend- ants of the Signers of the Declaration | he Daughters of the American Revo- | ution, Daughters of America, the | Loyal Legion of the State of New York, the Huguenot Society, the St. Nicholas Society, Mayflower Descend- ants, Society of New England Women, Sons of Confederate Veterans, Daugh- ters of the Union and the Naval and t 1 ican War. | He opposed the bill on two grounds —first, that it would destroy the in- | dependence of the judiciary, and, sec- ond, that there is no foundation for the claim that the Supreme Court has usurped legislative power—one of the | principal arguments advanced in sup- | port of the bill | In discussing his second point, Kin- | nicutt cited a number of cases which, he said, showeed clearly that the court | does not undertake to pass on the wis- | dom of legislation and always gives a | statute the benefit of every possible presumption in its favor. | “Regimenting Thousands.” Assailing what he called the “imp- ishness” of the proposal, Rabbi Ros- | enblum said it is imperious because it | is desired only to carry out immediate personal aims, even though intended for immediate public service, and im- portunate because it is regimenting in | its behalf countless thousands who | falsely regard it as a liberal need, | largely because it does not take into | account the long-range values that are at stake. | “A democracy,” he added, “calls for sacrifice. The nature of that sacri- fice may not be the same for all, yet each may be required at one time or another to make some sacrifice. A | generation ago so-called big business | had to sacrifice many of its aims in | surrender to our constitutional inter- | pretations. Today it may be that the | great masses may be called upon to | exercise patience in the march toward | a secure future, to forego a mess of | pottage in order to win a birthright | of enduring liberty. | “America must keep safe from crack- | pots and those on the lunatic fringe. | A supreme judiciary which is basically | immovable, with some modifications as to age if need be, with a modifi- cation as to the preponderance of vote to legitimatize a decision, with other ! modifications which do not strike at | its independence or dignity, is the | Rock of Ages against which demogog- | uery and dictatorship alike will be | dashed to pieces. It is the rock of | democracy, even more, the rock of destiny.” 6-to-3 Vote Favored. The witness told the committee the real need is an amendment that would require a 6-to-3 vote of the court to declare a statute unconstitutional. | “Is it without meaning for us,” he | asked, “that in every European coun- try where dictatorships have over- thrown democratic forms of govern- ment, even though the legislative bodies have been maintained, the Jjudiciary has either been liquidated or co-ordinated? The co-ordination of the Supreme Court today to satisfy an administrative program or popular wish, unless it is carried out by an expressed referendum of the people through amendment or some other well-considered device may set a pre- cedent that will end in the liquidation of our democracy tomorrow.” Col. Frederick Hobbs Allen, director of the Constitutional Democracy As- socation, told the committee yester- day afternoon that the court bill would Wipe out the protection heretofore af- “It you adopt this legislation,” he said, “the yellowing parchment on which the Constitution is engrossed might well be swathed in a shroud, and, like a mummy, entombed in the vaults of the Archives Department in Washington—a dead thing of no MRS. HAMILTON SUES FOR MAINTENANCE Wife of @. 0. P. Committee Chair- man Charges “Gross Neglect and Cruelty.” BY the Associated Press. TOPEKA, Kans, April 21.—Mrs. Laura Hamilton filed suit in District Court today for separate maintenance from John D. M. Hamilton, chair- man of the Republican National Committee. Mrs. Hamilton asked custody of their two children, Daniel, 20, and Laura, 12. The suit charged “gross neglect of duty, abandonment and Kinnicutt explained that they | delegates | |23 U. M. W. organizers were arrested | |over a week end | squad of deputies. extreme cruelty.” n Ted Creech, mine superint Committee. He is shown here being fing. records. Hazard. endent and son of operator of company in “bloody” Harlan County, Ky., was arrested yester- GABLEIS CALLED BACK BY DEFENSE Judge Approves Request of Attorney—Star Denies Paternity Charge. B3 the Associated Press. LOS ANGELES, April 21 —Clark Gable, a composed “no” man from the film colony, afforded the scores of women who couldn't get into Federzl Court yesterday a break today. The screen lover was recalled by the defense after his successful debu: as a Government witness in a crowded court room yesterday, where he voiced” his biggest “no” when asked if he w the father of an admittedly illegiti- mate daughter “May we ask that Mr. Gable be brought back to the court room?" petitioned Defense Atterney Morris Lavine. “We may want to call him as our own witness.” The court’s approval was warmly seconded by those who waited outside. Mrs. Violet Wells Norton, plump English woman; Jack L. Smith, a de= tective, and Frank Keenan of Winni peg, Canada, have been indicted for use of the mails to defraud and for conspiracy The Government charged that Mrs, Norton wrote letters to Gable infor: ing him his real name was “F Billings” and that he was the fa of Gvendoline, born in 1923 nk day, charged with perjury before the Senate Civil Liberties erprinted for Washington police The officer supervising the procedure is Pvt. L. E. —Star Staff Photo. La Follette (Continued From First Page.) this morning, but Judge McMahon | recessed court before Creech's case | was called. 23 Arrested for Vagrancy. On one occasion, it was testified, for vagrancy and held without bond | The cases were dismissed on the Monday morning | following. The practice of shadowing union men reached the point where James Westmoreland, head of a U. M. W local, was trailed to the public bath and kept under close surveillance Creech that he would see that Tackett was sent to jail for eight or ten years on his return to Kentucky for his tes- timony against the mine owners. Both Tackett and Deputy Marshal | Robert Bonham took the stand to | deny that Tackett had said anything | to Creech before the swarthy mine superintendent walked up to them and made the alleged threat. Bonham signed the warrent issued yesterday for Creech’s arrest The arrest was effected in dramatic fashion after Creech had made a brief and nervous appearance on the stand to testify as to his knowledge and possession of firearms. Denies Having Thompson Gun. Accused on two occasions of threat- while there. Witnesses today included Westmore- | |1and, now an employe of the Virginia State Highway Department: Dale P Stapleton, U. M. W. official from Lex ington. and W. Milton Hall. an or- ganizer in a drive financed by a $25,00 U. M. W. fund in 1 United States subsidiary of United States Steel Corp. Tells of Shadowing. Another witness, Tom White, stocky ex-English miner, who dropped all “h's” and said he had been part of the American labor movement since membership in the Knights of Labor 40 years ago, told of visiting Harlan as a U. M. W. representative and being followed so closely by two depu- ties that they stepped on his heels Later, White said, he was among the group of 23 organizers arrested by Sheriff Theodore Middleton and a White said no war- rants were shown at the time of ar- rest but after the week end in jail he was charged with being a nuisance. The case finally was dismissed on agreement that he would stay out of Harlan, he said Perjury Friday Charged. The perjury was alleged to have oc- curred last Friday afternoon when Creech testified that R. C. Tackett, an- other witness, had said outside the hearing room that he, Tackett, was drunk when he testified against the Harlan operators. According to Creech, Tackett's remark preceded a threat by | Coal & Coke is a | ening miners with Thompson sub- machine guns, Creech enumerated a list of nearly a dozen guns he owns, but denied having a Thompson. He said he is a first lieutenant in the Re- | | serves and admitted to being an ex- in firearms. As he completed this testimony Creech was told by Chairman La Fol lette that his subpoena was being re- ‘ voked and his further appearance before the committee was not de- sired. Obviously aware that some- thing was afoot, Creech conferred with R. E. Lawson, general manager of the Cornett-Lewis Coal Co. of Har- lan, and then the two started down | the corridor of the Senate Office | Building. Close behind followed Sergt. Walter Beck and Marshal Bonham, with about a dozen reporters in close pursuit. At | | the corridor’s end Creech and Lawson | conferred further and then descended one flight, finally walking around to a front entrance Even bigger than the husky Creech, Beck grabbed the mine official by the belt as soon as they stepped off Fed- ral property. After reading the war- | rant, Creech peacefully accompanied | the officers. | During the afternoon’s testimony the committee heard William Turn- blazer, Lawrence Dwyer, A. T. Pace and Carl Williams, U. M. W. office Huge crowds, composed almost en | tirely of women, stormed the co room and the corridors yesterday wa ing for him to appear. They defed the efforts of a heavy cordon marshals who were prepared trouble—bui not that much Gable detailed the places where | lived as a boy and a young man | itemized his movements from 192 | | | 1924, when, Mrs. Norton conte she was having the illicit rom with “PFrank Billings.” | Then he quietly said “no "mu dozen questions. He was asked if he ever had com- municated with Mrs, Norton, or her representatives; if he took her letters seriously; if he ever paid her any money; if he ever had seen Gwen- doline. “Are you the father of Gwendoline,™ asked Assistant United States Attore ney John Powell “No,” said Gable. | James Fidler, movie commentator,< | identified letters Mrs. Norton wrote to | him, as well as other people, telling | her story The most significant one equaled 18 pages when copied on a typewriter. It said ank Billings” discovered |in England that she was the mistress, |not the wife, of the man supposed to be her husband. “Frank drew me into his cottage and told me, ‘I've as much right to you as he the letter related and she* learned “what love was for the first time.” Years later she saw a movie of Clark Gable, in which Gable embraced and kissed Actress Joan Crawford ‘He took me in his arms and had that same look in his lower lip and when I saw that picture I was sure he was one and the same as Frank Billings,” the letter declared Somewhat bitterly, the letter de= | scribed how “Billings” presumably be- came “Clark Gable.” It declared the village grocer, near where they lived,” was named Clark, and that he had a store called “The Gables.” Through the reading of the letters | Gable sat looking straight ahead, a | faint smile playing about his lips. He never looked at Mrs. Norton. She rocked to and fro in her chair, hand. kerchief over her eyes, apparen weeping continually. to some recount numerous incidents of violence | by the Harlan deputies, one of the instances being the beating of Wil- liams in a hotel lobby by Deputy George Lee. “CRISIS” AVERTED AT MARITIME UNIT Commission May Certify Employes Individually to Civil Service. The Civil Service Commission today granted to the new Maritime Com- mission the right to certify its 923 employes for civil service status in- | | dividually, as rapidly as it can be de- termined whether their services are satisfactory. The ruling averted what had been | described by Joseph P. Kennedy, new chairman of the Maritime Commission, as a major crisis confronting the group, which was organized Monday. Under a previous ruling, it would have | been necessary for the Maritime Com- mission either to issue a blanket cer- | tification by April 26 covering more than 900 employes whose capabilities were unknown to commission members or to refuse to certify any of them for civil service status, on the ground 1t had been impossible to determine | their efficiency. Alternative Is Allowed. To overcome this difficulty, Chair- man Kennedy requested that the Civil Service Commission set aside the April 26 deadline and permit the Maritime Commission to certify its employes to the Civil Service Commission as it was determined in individual cases that their services were satisfactory. In a letter from the Civil Service Commission, made public today by the Maritime Commission, permission was granted to follow this procedure. More than 900 former employes of the United States Shipping Board and the United States Shipping Board | Merchant Fleet Corp. were transferred to the Maritime Commission on Oc- tober 26, 1936. By statute, the Maritime Commis- sion was directed to certify satisfactory employes to the Civil Service Commis- sion within six months. This period is to expire April 26. Body Just Organized. Because of delays in appointment of members of the Maritime Commis- sion, however, the body was not able to organize until this week. In ruling that the Maritime Com- mission employes may be certified at any time after the six months’ period, the Civil Service Commission pointed out that “it is desirable that the certificates for classification purposes be made as early as possible in the case of each employe in order that the staff of the Maritime Commission may be placed on a mobile basis.” Streamlined lococomtives made in Russia have a projected speed of 88 miles an hour. r DENHARDT DENIED . POSTPONED TRIAL Case to Proceed at Once. Defendant Boasts Clear Conscience. BACKGROUND— On November 6, during course of an automobile ride, Verna Garr Taylor, 40-year-old widow, vivacious flancee of Brig. Gen, Henry H. Den- hardt, 61-year-old former attorney general and Lieutenant Governor of | Kentucky, was slain. Charges of murder were pressed at insistence i of woman’s relatives. | BY the Associated Press. | NEW CASTLE, Ky. April 21— Henry H. Denhardt, portly World and Spanish War veteran and former Kentucky Lieutenant Governor, went to trial charged with murder of his fiancee today after being refused a change of venue and a continuance. The Commonwealth contends Den- hardt shot and killed Mrs. Verna Garr Taylor, daughter of a socially promi- nent Henry County family. Denhardt on entering court yesterday told news- paper men: “I have a clear conscience, sleep well and am confident of ac- quittal.” The move to try the case in some other county was made on the grounds that “passion and prejudice” had been aroused to such an extent here that Denhardt could not get a fair trial. Circuit Judge Charles C. Marshall overruled that late yesterday. Today he turned down in short order the con- tinuance plea. John Marshall Berry of defense | counsel stated that J. B. Hundley, a La Grange barber, one of those who found the comely widow's body along- side the highway after Denhardt had gone to a farm house to summon a mechanic to repair his automobile, and R. L. Sherberg of Chicago, Cook County chemist, were ill and could not come to court today. Common- wealth's Attorney H. B. Kinsolving, Jr., agreed to admit an affidavit as to Hundley, but took exception to the claim about Sherberg. Judge Marshall read the motion and affidavit and said he found no grounds for continuance. Berry jumped up with: “Just a minute, your honor. We want to make arguments in the case. “Well, I don't want to hear them the judge quickly replied and over- ruled the motion. A driving rain beat down on the ancient Court House and its jail cells barred with stone columns in- stead of iron and held down the crowd today. Denhardt has been free on $25,000 bond since his indictment. | Miss Oak Deflate Havre de Grace XSw A Yardstick ( xDickery Napie: aFlamingo Farm entr: -year-old maider | . SECOND RACE — 0. 4 rlongs. d: | | Plume | Way out (Pa Broken Rhyth Tedema _(Peters) Ghost Queen (O'Malley Heraldic (Wagner) __ Happy Vote (il Lauch) That (Saund Bravo Caruso Road (S Renick) 0 (Saunders rar X | vear-olds $L.000° 6 furlongs. | Kay (Eccard) { Happy Hostess (Schmidl) | and May Music (Napier) Red Label (Fowler) | v | vears S1.000: miles. -1 1% { Happy Easter (Grigg) Three Daggers (Parke) | xSallandry (Eccard) | Relntivity’ (Madeley) Chilly Ebbie (Haritos) _ __ Heartease (Rosengarten) _ Sumac (McCombs) | The Mauler (O'Malley) | xItsie Bitsie (Sarno) | XRudenia (Shellhamer) Sun Drops (Gordon) Miss Tad (Merritt) SEVENTH RACE——4 vears old and claiming: S1.000: 1.5 miles. Strophe (E. Smith) Running Water (Machado) Abbots Last (Critchfield) Mettle (Madeley) Dearzin_(O'Malley) Happy Flag (Wagner) sLetter Box (McCombs) __ xFredalva (Napier) Infilee (Rosengarten) XMr. Marvel (Eccard) Monroe (Fowler) & Patient Saint (Peters) . WEDNESDAY. APRIL 21. (Track Sloppv.) 3% Mile. 140 My Bionde _ 483 Durwrack _ R~ Weston _ Ocean Roll Green Melon Wise Sister Capt. Hill Light Chatter Linlace 1362y Gold Clip Ry | Happy Vote _ :3R3y | 15 Mile 4843 Catomar 153 % Mile. 104 Top High 0 | | Churen call 04 Hot Cake Rudenia Fair Billy Belshazzar Abbots La Xandra Longful vee 1% Maddest Mystic Plyer_1: Mandas Baby_1 ¢ -