New Britain Herald Newspaper, January 8, 1917, Page 1

HERALL BEST OF ALL LOCAL NEWSPAPERS NEW BRITAIN HERALD! HERALD “ADS” ME; BETTER BUSINES "PRICE THREE CENTS. NEW BRI T CONNECTICUT, MONDAY, JANUARY 8, . MACKENSEN BORES HOLE IN RUSSIAN LINE ON SERETH| maiconce can Law vnw orkable, Experimental, Incapable | Arguments Made Today and Deci- " Important Rumanian Town of Fokshani Taken, Threatening Defenders’ Stronglmld PRISONERS TOTAL 4,000 IN ONE DAY'S FIGHTING Position Shattered by Flanking Move- ment in Co-operation With Success of Artillery in Capturing Com- manding Hill—Berlin Admits Gains by Russians in Of- Statement fensive on Extreme North. Field Marshal Von Mackensen has broken through the strongly defend- "ed barrier before the River Sereth _)which the Russians had constructed | im- taken &t Fokshani, portant Russian has captured that town and * pearly 4,00¢ prisoners and three guns 1 + fn the process. This notable success in the attack upon the Sereth line, which the Rus- | sian have flung across southern Mol- davia, was won by a successful flank- ing. operation, thé Berlin report dicates. Some Fokshani, nine miles northwest of the dominating height of | Odobechti was taken by storm giv- ! ing a vantage point for the artillery. Further south, a passage of the river Milcovu, which had been strongly fortified, was forced and Teutonic % 8 columns pressed their way in behind i £."*any boy “the former Russian line: Giving the | foe no time to place the Iokshani- ' i Yarestea canal position in a state of | defense, they fought their way fur- ther and sealed the fate of Fokshani, which was captured this morning. | _The Russians also have lost ground ! porth along the Moldavian frontier between the Putna and Oitus valleys, Berlin announces. Wi Towards the Danube from Koks- hani, the latest reports showed a Rus- slan offénsive of some importance which admittedly had succeeded in gaining ground from Von Macken- gen’s forces. There are also indica- tions that the Russian line towards the Danube where an advance by the ‘Austro-German-Bulgarian armies is being pressed, is holding more suc. cessfully than recently. ‘While Fokshani is some distance south of the er Sereth itself, and the Russians still have that upon which to fall back, the capture of the town, it appeas, weaksn ap- - preciably the whole Russian position in this area and makes the river line ~itself more difficult to defend suc- cessfully. 3 While this heavy fighting has been In progress in the Rumanian theater, the Russians have launched an offensive on the extreme north of their line, between Dyinsk and Riga. Renewing their attack, which last Friday resulted in a gain of ground along the river Aa, they succeeded yesterday in enlarging the scope of ¥ their gain. On the other fronts the developments have been of compar- atively little importance. Parls an- nounces only patrol operations along tha front in the Somme and else- where and the latest German and British statements have only recon- iumoitering and aiding enterprises to “report. Defenders Dislodged. Berlin, Jan. 8, by wireless to Say- yille—The Russians and Rumanians were dislodged vesterday from strongly fortified positions over a considerable front in southern davia the war office announces. The important Rumanian town of Foks ani has been ptured and nearl 4,000 prisoners taken. Ru ¥ Gaein in North. Berlin, Jan. 8, by wireless to ville—Russian troops made ano attack yesterday with strong forces on the northern end of the Russo- Galician front, near the Gulf of Riga. Today's statement 3 succeeded in gaining more ground on the Aa river but elsewhere were re- pulsed. ES INQUIRY. Head of Boys’ School Cruclty, He Says. Meriden, Jan. ‘ liams, superintendent of WILLIAMS INV the rges based upon the Harr Penque, a young bo hospital in “schoal, RBenque case. died recently at a » Haven. suffered ill-treatment " reform - school. while at Mr, Williams said he knew nothing He did not believe that | Cooper, treatment of excessive punishment of a He sald that thero of the case. there has; been. brutal refractory one. was a system of discipline and he wel- comed ‘any inquiry school management * tent authority. by any in- | river | war military | Mol- | Ignorant ot —Charles M. Wil- State School for Boys here, returned today fromeBermuda and heard for the first " time the charges that there had been excessive_punishment of boys at the New | It hag been alleged that he the into this or the compe- SUPREME COURT HEARS OPENING ARGUMENTS ON EIGHT HOUR ACT; WEEKS BEFORE DECISION COMES of Application, Interfere Commerce and Illegal Se i §.—The climax in Ime legal contest over the constitu- | tionality of the Adamson law was reached today in the supremec court. Arguments were begun in the Mis- souri, Oklahoma and Gulf test cases, in which the department of justice is appealing from Federal Judge Hook’s deciston at Kansas City, Mo., that the law passed when a na- tional wide railroad strike seemed im- ‘Washington, Jan. Conclusion of the arguments late | tomorrow is expected. They are the | first on the merits of the Adamson ilaw in any court. Judge Hook riedly decided the case without for- | mal hearings in order to expedite the appeal for the supreme court’s final determination. A decision is expect- ed in a few weeks at most. Voluminous briefs were filed today by the federal and railroad coumsel before the beginning of the argu- ments ‘which proceeded after an- nouncement by the court of numerous opinions-and order upon reconvening after its holiday recess. Railroads’ Contentions. Numerous precedents, including de- cisions, were quoted in the depart- ment of justice argument, in special reference to the law’s validity. The railroads’ brief contended that the law is unworkable, experimental, in- capable of application, interferes with liberty of contract, does not fall with- in congress’ authority to regulate in- terstate commerce and takes railroad | property without *due process” of law. | The arguments were begun by coun- sel for the department of justice which has sole charge of the defense, the railroad brotherhoods not appear- isg officiall; The railroad lawyers were headed by Walker D. Hines. Arthur Miller represented specially the Missouri, Oklahoma and Gulf road. John G. Johnson of Philadelphia also ap- peared for the railroads. In charge of the defense of the Adamson act for the department of Justice were Solicitor General John ‘W. Davis, Assistant Attorneys Gener- al B. Marvin Underwood and G. Car- DETECTIVES LOCATE HIGHWAYMEN’S LOOT Prisoner Takes Them to Spot Where Satchel Containing $10,000 Was Burled After Hold-up. Pittsburgh, Jan. 8.—Assistant Dis- trict Attorney John M. Dunn and seventy detectives today recovered the money, $10,000, taken by three masked men from an automobile in which it was being conveyed from a bank on Saturday to the offices of the Flaccus Gl company at Tarentum. The .party was accompanied by John Hummel, a busines men of Brecken- ridge, Pa., one of the four men ar- rested on suspicion of being parties to the robbery, to a spot near Taren- tum where the money was discovered in the satchel in which it had been packed at the bank to meet the glass company’s payroll. Camello Tureo, the Adams express messenger, In charge of the payroll of the giass company from which it was | stolen, was released from jall today by order of District Attorney Jack- son, who decided Tureo was not a party to the robbery. D. E, King, driver of the glass com- pany's automobile, from which the ! money was stolen, and Karl Schwarts, a business man of Bieckenridge, are till being held by the country au- | thorities. COMMITTEE T0 ORGANIZE will Get Together Friday Night to Be- | Council Members and Citizens gin Work at Omnce. Determined not to delay in the | attempt to secure immediate protec- tion at grade crossings and improved trolley service, Mayor Quigley today led for a meeting of the council | railroad committee and the recently appointed civic committee to be held in his office in City hall on Friday evening. Councilman George M. Landers is chairman of the railroad committee and serving with him are Alderman A. M. Paonessa, Councilman O. N. Falk, John Partyka, James Iverson, H. P. Richards, F. and John Tomaszewsky. | civic committee, the appointment of | which was recently authorized by the common council, is composed of Judge B. F. Gaffney, A. F. Corbin, George Kimball, Charles J. White, Charles Glover, City Engineer W. H. Hall and Corporation Counsel J. K. the last two serving in ad- visory capacity of engineer and law- ver. It is expected that at Friday night's meeting the committees will organize and outline tentative plans, after which they will proceed to put them into exccution. railroad ' minent “is unconstitutional and void.” \ hur- | T. McDonough | The speclal | nce With Liberty of Contract, Outside Authority of Congress to Regulate Interstate - izure of Property. roll Todd and Frank Hagerman of Kansas City, special assistant to the attorney general. ‘ Covers All Railroads. Today’s arguments, technically, were upon appeal of United States Attorney Francis M. Wilson of Kensas City from Judge Hook's decision jn an in- junction suit brought by Alexander New and Henry C. Ferris receivers for the Missouri, Oklahonia and Gulf, to enjoin enforcement of the law. Ac- tually, however, the case will deter- mine application of the law to all railroads. By a stipulation, signed by railroad and department of justice counsel, all other litigation over the Adamson act { has been suspended pending the su- preme court’s decision. ~The railroads agree meanwhile to keep special ac- | count of wages due employes under i the new law, to insure payment if the act is sustained as constitutional or given partial application. The principal provision of the Adamson act, which became effective January 1 and whose operation was suspended by the present legal pro- ceedings, declares ‘“eight hours shall, {in contracts for labor and service, be i deemed a day’s work for tho purpose of reckoning compensation for ser- vices of all employes employed by any common carrier by railroads actually engaged in any capacity in the opera- tion of trains.”” The law was passed by the House September 1, by the senate on Septem- ber 2 and signed by President Wilson twice, September 3 (a Sunday) and 6. The general strike of railroad brotherhoods previously ordered for Labor day, Septembgr 4 was called off. ‘While the Missouri, Oklahoma and Gulf has but few employes subject to the act, being a small line and in hands of receivers, counsel admitted that the test case is not typical of many other large trunk lines having thousands of employes under ccntract. Utmost freedom to present cvidence regarding operation of the law upon all railroads, under all conditions, was agreed upon in the present case, so that the supreme court should have complete ‘data affecting all railroads. HOLMAN IS CHOSEN TO CARRY THE VOTE Old Saybrook Citizen Selected Once | More to Take Omme;:flcnt‘s Decision to Washington. Hartford, Jan. 8.—Justin B. Hol- man of Old Saybrook, member of the state board of charities, was chosen today by the republican presidential electors of Connecticut as the messen- ger to carry the state's electoral vote to Washington. The meeting was held at the capitol. Col. Louis R. Cheney of Hartford presided. Dcputy Secre- tary of State Richard J. Dwyer, was clerk and Miss Catharine C. Dwyer, assistant clerk. The sum of $35 was voted to Mr. Dwyer and $10 cach to the presiden- tial electors. This will be Mr. Holman's third ser- vice as commissioners electoral vote messenger. He will carry the vote to the president of the United States senate. Another copy will be filed with Judge Thomas of the TUnited States district court in this city. MINE LAYER AND U-BOAT. Both Sink Off St. Nazaire, Skipper Reports, Boston, Jan. 8.—An account af the sinking of a German submarine mine layer outside the harbor of St. Nazaire, France, by the British freight steamer Arrino, bound for this France, port, and the subsequent destruction | of a crippled submersible by a French patrol boat, was brought here today by members of the crew of the Ameri- | can steamship Alaskan. DROPS DEAD IN YARD. Seymour, Jan. 8.—Richard Pear- son, seventy-one, a member of the last general assembly was found dead in the yard of his home today. Death was due to natural causes, it was stated. He served in the army and navy during the Civil war. TWO DOLLAR WHEAT. Chicago, Jan. 8.—For the first time, war prices on wheat here touched to- day a long predicted goal, two dol- i lars a bushel. No. 2 winter wheat for immediate delivery sold at that price, an advance of about five cents since Saturday. WAS WARDEN OF SING SING. Catskill, N. Y., Jan, 8.—Col. Sage, warden of Sing Sing from 1894 to 1901, here last night, Tlmer prison died at his home aged 82 years. MARINES OFF FOR HAITI. Philadelphia, Jan. 8.-—Twa¢ hun- dred marines left the Philadelphia navy yard today on the tran cock for Faiti, where they lieve men on duty there, will re- sport Han- | SMALL CASE NEAR HANDS OF JURORS sion May Be Expected Soon {WIFE FOUND MURDERED Boston Broker Accuscd of Being Slay- er and Burning Home by Incendiary Device to Conceal His Crimo—All Evidence Circumstantial. Ossipee, N. H., Jan. 8.—Final ar- guments were made today in the trial of Frederick L. Small, charged with the murder of his wife, Florence Ar- lene Small. It was expected that the case would go to the jury before night. Mrs. Small's body was found on the morning of Sept. 29, 1916, in the ruins of the cottage of Mountainview on the shore of lake Ossipee where she had lived with her husband for several years. Small had gone to Boston late in the afternoon of the previous day and the fire which de- stroyed the cottage broke out several hours after his departure. He re- turned immediately and was placed under arrest. The trial was begun on Dec. 23. Evidence was introduced to show that Mrs. Small was strangled by -a cord which was found about her neck and that she had also been shot in’ the head and bore marks on the head which might 'have been caused by blows. The prosecution contended that Small killed his wife with the motive of obtaining $20,000 life in- } surance and arranged a mechanical device to set fire to the house. The defense denied that there was evi- dence of such a device and asserted that Mrs. Small was alive when Small left home. LOEWE WINS INTEREST Danbury Hat Manufacturer Entitled to $20,000 in Interest in Banks Credit of Hatters’ Union, Washington, Jan. 8.—In a new phase of the “Danbury Hatters” case | the supreme court today decided that | Dietrich E. Loewe, a Danbury, Conn., hat manufacturer, and not the United Hatters' Union, is entitled to $20,000 in interest accrued on union hatters’ savings bank = deposits attached towards Loewe's $353,000 judgment secured under the Sherman law for union boycotting in 1903, { The Webb-Kenyon law, to designed to prevent liquor shipments from wet:to dry states, was today declared con- stitutional by the supreme court by a vote of 7 to 2 which also upheld West Virginia’s prohibition amendment prohibiting citizens from receiving liquor for personal use shipped by common carriers in interstate com- merce. The decision of the United States supreme court on the disposition $20,000 interest on deposits of hat- ters in Danbury and other places which were attached at the time suit was brought by D. T. Loewe and com- pany against the United Hatters of North America in the now famous boycott case is probably the last phase in the litigation which was begun in 1903. On February 8, 1916, Judge Thomas in the United States district court at New Haven held that the United Hat- ters of North America were entitled to the interest. CHALONER LEGALLY INSANE New York Supreme Court Refuses to Annul Decreg By Which He Was Declared M‘u]ly Incompetent. Washington, Jan. 8.—John strong Chaloner of “Merry Mill | Virginia, by a supreme court de | sion today, lost his suit to annul New York proceedings in which he was declared insane and which was de- signed to secure possession, from his lunacy trustee, of property estimated at nearly $3,000,000. The court de- clined to disturb the insarity pro- ceedings, leaving Chaloner's property ‘in the trustee’s hands. i S T QUACK LAW UPHELD. Washington, Jan. 8.—Without de- ciding constitutionality the supreme court today affirmed refusal of Cali- fornia federal courts to enjoin en- forcement of California’s medlcuh practice law requiring licensing of ‘“‘drugless” practitioners, The law exempts Christian Scientists. The ruling leaves it in full force and operation. R CHIHUAHU Washington, Jan. 8.—Brigadier General Bell at El Paso, today re- ported ‘“intermittent fighting” be- tween Villa forces and Carranza troops south of Chihuahua but gave no details. FIGHTING N P S R, WEATHER, Hartford, Jan. 8—For Hart- ford and vicinity: TFair to- night and Tucsday. o e e ) of | | Koelbergen is in Canada, 1017. —TWELVE PAGES. ESTABLISHED ‘Washington, Jan. 8.—Backed with an endorsement by Prestdent Wilson Secretary Tumulty today made the first statement to the rTules committee: “I appear before this committee to resent the unjust intimation that I gave information to Mr. Baruch in regard to the so- called peace notes to the European belligerents last i month by the sec- ) retary of ' state, | This intimatian was |in a statement | made to this com- mittee by Repre- § sentative Wood of | Indlana, a man whom I do mnot know To the best of my knowledge T have never met Mr. || Wood. Certainly he thade no effort to find out the truth from me Dbefore drawing my.name into this affair. “I wish to deny generally and spec- ifically that I gave information to Mr. Baruch or to any- body else in regard to the peace note. I did not know of the .authorization of this note or that this government contemplated to dispatch a note un- tl after printed copies of the note had been given to representatives of the press by the state department. was not concerned in the preparation of the note by the president or by anybody else. The conferences and communications relating to the draft. ing of the note and its dispatch were ‘confidential between the president and the secretary of .state. I knew nothing of them whatever nor did any other person employed in the execu- tive office. “I have had no correspondence, written or telegraphic with Mr. Ba- ruch or anybody representing him, regarding this letter. I have had no telephone talks with Mr. Baruch or anybody representing -him regarding this matter. I have never talked with him or anybody representing him, or with anyone else publicly or privately with regard to this matter “Apparently the only insinuations made against me are that I lunched with, or met, Mr, Baruch at the Blt- more hotel at or about the time of the preparation of the president’s sugges- tion that the European belligerents state their peace terms. I have never breakfasted, lunched, dined or taken any meals with Mr. Baruch. I have house WOMAN PROSECUTOR IN CONSPIRACY CASE Mzrs. Annette Adams to Open Attack on German Consul and Others in "Frisco. San Franclsco, Jan. §.—Mrs. An- nette Adams, assistant Unite¢ States district attorney, was ready to begin argument for the prosecution when court opened today in the trial of Franz Bopp, German consul general in this city and others indicated for conspiracy to destroy .munitions en route from the United States to the | Entente alles. Although seven indicte®! persons United States district court, the pros- ecutfon will ask continuatior of only five. Louis J. Smith has been grant- ed immunity for becoming the chief government witness and J. H. Van safe from extradition. Besides Bopp, a verdict wiil asked against E. V. Von Schaick, vice consul; W. G. Von Brinker, military attache; C. C. Crowley, detective, and | Crowley's secretary, Mrs. Margaret Cornell. PRINCETON “SOPHS” REVOLT. Organize Uprising Against Club S; tem As Undemocratic, Princeton, Jan. 8.—Five prominent members of the sophomore class of Princeton have organized a . revolt against the club system and will re- fuse to join clubs, according to a communication appearing in today" Princetonian. Richard Cleveland, son of the late forme president s one of the leaders of the movement. As the club sys- tem is one of the important features of Princeton life the news aroused wide Interest. The objection as stated by sophomores is that it Is ungemo- crade. JOSEPH_P. TUMULTY il have been included in the tria! in the | be | ! on the night of January [TUMULTY MAKES SWEEPIIEG DENIAL OF BEING RESPONSIBLE FOR LEAK ON WILSON’S PEACE DESPATCHES President’s Secretary Tells Investigation Committee He Never Spoke, Wrote or Telegraphed to Baruch and Never Discussed Notes With Anybody—Has Never Had Dealings in Market—Is Supported By President. met him only at several banquets and dinners, when many other persons were present. 1 have never discussed any peace or other note, cither when it was in prospect or afterwards, with Mr, Baruch or any other person en- gaged in the purchase or sale of secur- | itiest of any kind in the stock market. “While this is a complete denial of ; the only insinua- tions which have been made, I wish to go further and say that 1 Thave never engaged in stock market sales or purchases my- self nor through brokers, friends or [ agents, “I discussed the president’s mnote with no one, first, because my oath of service requires that I make no private use of offi-. cial information, and secondly, specifically be- cause, as I have stated, I had not seen the presi- dent’s note and did not know that it was In prepara- tion or even con- templated “As I have al- ready said, in a public statement, I have frequently requested the pres- ident to keep me as free from any knowledge of im- pending interna- tional notes so that I might not be embarassed by re- quests for information from the news- paper correspondents who ask me in my office constantly for such inform- ! ation. The insinuations which have been made, whether concelved poligical malige or * mexely . through i misinformation are wholly false and without qven the ;flimsiest basis T have not at any time since acting as Mr. Wilson's secretary, fitst when he was governor of New Jersey and later when he became president been inter- ested in any stock transactions of any kind or given any information to any other person upon which purchases or sales might be made. I wish to make this statement as sweeping and ‘com- plete as I know how. I am still wait- ing fof Mr. Wood’s public apology. “I am authorized by the president ; to quote him as follows: “‘T wish, Tumulty, to stated the no knowledge ever until it publication.’ " BRITISH AUXILIARY IN PACIFIC OCEAN in say exact Justice that tact. of tho was to he He had not> what- given out for Mr., leld Up Norwegian Steamer Off Low- er California—Believed to Be P. and O. Ldner. San Francisco, Jan. 8.—The pres- ence in the Pacific ocean of a British auxiliary cruiser, presumably a for- mer Poninsular and Orientsl liner, was reported here today by ofiicers of the Norwegian steamer Cuzoo, which arrived from Mexican ports. 700 was a steamship of about 11,000 tons which demanded the Cuzoo's na- tionality when off Cape San Luc: Lower California. After coming close | enough to 1dcntify the Cuzoo, the aux- iliary cruiser proceeded south. RILEY DIES OF WOUND! Passes Aw: ‘Without Clearing Taxicab Mystery. . Brookline, M Jan. ..—--Ja’mcs-!. Ril who was shot while riding in a taxicab with Miss Mildred Melzian near the Young Women's Home here 4, died at a hospital today. Tt was announced that he made no statement regarding the shooting. Miss Melzian, less seriously wounded, was still at a hospital today but was said to be recovering. DIES AT AGE OF 105. John Finlayson Won Famc As Alas- kan Explorer. ‘Wrangell, Alaska, . Jan, Finlayson, an explore: for whom Finlayson river and IFinlayson lake in Yukon territory were named, died today, aged 106 years. Finlayson was a native of Scot!und Te prospected and mined gold in California and Oregon until he was 66 years old and then went to Brit- ish Columbia and Yukon territory —John where he explored large areas into which white men had never pene- trated. v and | in | has | The vessel encountered by the Cu- | i Up LAWSON CAU UPROAR WH PROBE WITNE 'Flies Into Rage When| ferrupted While G Testimony On Lea President’s Note. HELL LAMBASTED OF HIM IN CONGH SRR i { Boston Financier Declares trative Circles and Sup; Resemble Sieve, SoGrelt]l’ of Obtainabl Stock Gnmbltng\-—my‘ sing Traces Course of Wil ¥ Information ‘Washington, Jan, 8.—Inq the alleged “legk” to Wall ¢ president’s peace note ' wak today by the house commil number af witnesses on w testify. Among those on the list retaries Lansing and = J Tumulty, Thomas W, Lawso Charles H. Sabin, president Guaranty Trust company; Baruch and Otto Kahn, | brokers; Washington rep of thc Wall Street Journal tral News Association and 1 the Western Union and Po! graph companies. All but Secrezu.rles Tumulty had been subpoen newspapermen had been s testity regarding their kno ticker service reports ‘'on the ¢ president’s' peace note was ' The manag of the twp . companies | been asked to. despatches by the newspa bearing um ~the. aubJuQ, peace note, Mr, Kzlsh‘ and Mr, Ecbln. first witnesses to arrive. Th ferred with Chairman Hen range to give testimony as { possible, | { When the hearings or\cneil. | sentative Campbell moved | gh committee subpoena F. M. L & Co., brokers, 46-48 Broad York, to bring papers and dof 1 showing sales from December | The committee decided to e in executive session. .On Representative Chiperfield, th | stock exchange was ondered’ | serve its brokers' clips for period. Socretary Tumulty Qu Joseph P. Tumulty, President Wilson, then was fead the first statement. Chairman Henry of the’ mittee announced that he questions to ask and Rep Campbell questioned Mr. “Do you. know who preparation of this note?"” “The president prepared an the note himself,” said Mr. 4 “He is an expert typewriter dition to his other accompli “Did any stenographer or. the executive offices know existence of the note.” “I do not know.” Mr, Tumulty added that he i to find out how a note eol oceurred but had been unahl anv definite information. “Che mere mechanism of pH the note might make it possib 1o get out,” he said. “My fi ledge that a notc had been § came from The Associated P respondent at the White Hous afternocn of December 20, me, when T returhed from lung the note had be given out what note and he said the pea Reputations Fragile “Have you any informatio how the leak occurred?” Mr. bell asked. “I have not,” Mr. Tumulty “Any opinion I might have speculative and would imqive tlons. I am very careful ing statements in such circims Rep. Chiperfield asked Tumulty if he knew that Al Curtis, of 135 West = Seven street, New York, former 1 agent of the bank of North A was in fact the “A. Curtisy wrote the letter. Mr. Tumu he did not. Mr. Tumulty added he did n the “leak” could have ocg the note through any employ executive offices. He then ter “from L. T. Russell, edite Newark Morning Lcdger, to the myaterious “A. Curti ‘Wrote Rep. Wood, author of gation resolution. ““What prompts me to. the letter, “is, I hote, one name of Curtig is brought in i ing written the Wood letter vour name and I recall that on i (Continued On Tenth