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ESTABLISHED 1870 NEW BRITAIN, CONNECTICUT, THURSDAY, SEPTEMBER 27, 10 ,—SIXTEEN PAGES, MURDER CHARGE NOT UPHELD; MILITARY RULE FOR GERMANY STREET FIGHTING REPORTEw "mt-« “ INDRESDEN, ONE MANKILLED * Drastic Order in Germny ENGLAND, FRANGE ARE Result of Feared Up- rising in Bavaria Where von l(aher is chtator He Forblds All Meetmgs of Fascist Followers But They Plan to Ignore Him ~Allies in Ruhr Prepared Street Fighting Reported London, Sept, 27.—Street fighting between communists and sections of the less extreme radicals is reported from Dresden where the parties are holding meetings and processions, a Berlin dispatch to the Central News states. It adds that one man was killed, five fatally wounded and 20 others injured, Mectings Prohibited By The Associated Press, Munich, Bavaria, Sept. 27.—Dr. von Kaher, the Bavarian military dic- tator has prohibited meetings of the followers of Adolph Hitler, the fascist leader, and all other political gather- ings. The situation throughout Bavaria at present ig reported quiet., Assoclated Press. Berlin, Sept. 27.—At a hurredly called midnight sessfon of the Ger- man cabinet, attended by Gen., von Seeckt, the chief of staff, the jmme- diate proclamation of a state of em- ergency throughout Germany was de- cided upon- and Minister of Detense Gessler was given executive author- ity to put info force any military or police measures he might deem war- ranted in the circumstances. (This action is construed in Paris, London and other quarters as virtual-, 1y placing Germany in the hands of a military 1]1(‘,(MEW.) Bavarians Threaten The action of the German govern- ment was talen when news of the ap- pointment of Dr. von Kaher as mili- tary dictator of Bavaria was received and the proclamation issued was in- tended as an offset to the Bavarian manifesto. Bavaria's action was wholly unex- pected and the government leaders were at first at a loss to account for ft. Although it is not viewed as a studied affront to the central govern- ment, the manner, in which it was launched nevertheless was construed as a plece of censorial criticlsm of the way in which the Berlin government had called off passive resistance in the Ruhr. This view prevailed de- spite assertions from Bavaria that her | measures were wholly prompted by lJthe= suspicious activities of the guards By The | of Adolph Hitler, the national social- ist leader and their allied organiza- tions, Von Raher Capable Official opinion in Berlin inclines to the belief that Dr. von Kaher will be fully able to cope with the situa- tion in Bavaria and that the outbreak there is unlikely to extend beyond the Bavarian frontiers, despite the noisy agitation of the factions classed as “super-patriots" whoge fighting glrength is asserted to be greatly over- estimated The von Knilling government in Bavaria 15 belieyed here to be able to rely qn the Bavarian police and in an emergency it would also receive the. support of the reichswehr forma- tions garrisoned in Bavaria, More Support Is Assured As a further ally, it is pointed out, the Bavarian government may count on the unarmed support of the social- ists and the trade unions, which are in a position to proclaim a general strike. It is also assumed here that Hitler will be unable to stampede any appreciable following from the rural sections into joining the movement. The View in Parls By The Associated Press, Paris, Sept. ernment has practically been handed over to a military dictatorship, it is deduced at the foreign office from dis- patches received this forenoon from Berlin. The situation is regarded as full of dangerous possibilities but as furnishing no basis at present for any action on the part of the allies. Allics Prepared The authorities of occupation in the Ruhr, however, are saigy to be pre- pared to meet any emergency which may arise there as a consequence of | today’s proclamation in Berlin. a dictatership, and in any case as| golely related to the requirements of | interior politics entirely independent of the foreign situation. Neither President Ebert's procla- mation announcing abandonment of resistance ih the Ruhr nor today's ac- tion in giving the control over to the military authorities is considered as (Continued on Fifth P ) 27.—The German gov- | The | extreme measures resorted to are re- | garded as partly in response to nw; action of the Bavarians in setting up, ONCE AGAIN UNITED Premier Blldwln Says All ' Differences Have Been Swept Aside By The Associated Pr Northampton, Eng., Sept, 27, Premier Stanley Baldwin, nn:nk\nl’ here today, declared that his confer- | ence with Promier Poincare in Paris last week had had the effect of re-| storing the former good relations be- tween France and Great Britain. The atmosphere of restraint and almost | distrust that prevalled between the two countries when the present Brit- ish government came into office had | been changed, he said into one of | mutual confidence. | “T think,” sald Mr. Baldyin, “there is now, both in Paris and London, recognition of the importance of the entente In this way—that without it ia European settlement would be far more difficult. x x x The best hope of settlement lies In the intimate re- lationship between France and this | countr Peace, he added, was necessary for a solution of the situation confront-| ing Europe. GREEKS GET CORFU BACK Athens Announces FExcavation—An- other Report Says Italians Returned With Fleet. By The Assoclated Press. Athens, Sept. 27.—The island of Corfu occupied by Italy on August 31 was returned to the Greek authorities this morning, it is announced in dis- patches received here, Corfu, Sept. 27.—At noon today four Italian battleships with seven destioyers reappeared from behind the island of Vido, opposite this city, | and proceeded to anchor in the port. It appeared as if the entire Italian fleet were returning. The city was thrown into a state of suspense not knowing whether the Itallan move was a prelude to the evacuation set for today or a con- tinuation of the occupation. There was no interior cause for the move- ment by the fleet as the city is order- FATAL FIGHT IN JAIL Jailer and Desperado Trying to Es- cape Are Killed and Another Pris- h oner Wounded in Texas. Dallas, Text, Sept. 27.—Willis Champion, assistant night jatler, and | C. E. Gaines, under a death sentence | for murder in connection with a post- office robbery here, were killed and Pete Welk, another prisoner, was probably fatally wounded in an at- tempted jail delivery which got no farther than a pistol fight on the sixth floor of the Dallas county jall last uight. The jaller was preparing to place a man in one of the cells when Gaines and Welk suddenly covered him with pistols. A prisoner said the jailer threw away the keys and Gaines fired. A negrq prisoner operating an ele- vator notified the jail force of the at- tempted break and in a short fight Gaines was shot and killed and Welk badly wounded. MISSING 7 YRS.. ARRESTED Wanted Charge, Caught for Robbery in St. | Have | in Worcester on M\mler‘ ubr “ hree Held For Death \l"i’l‘l‘v ZA\\'A[JCK of ’l‘()\) CF,R‘ TICK Davidowicz STANLEY BUDNICK EDMUND LIPITZ PROSECUTOR BRANDS SALOON MEN IN GOURT Naugatuck Valley Proprietors In On Numerous Counts—Sentence Is De. ferred by Judge. New Haven, Sept. 27.-—More lower Naugatuck valley saloonkeepers were hefore Judge Newell Jennings in su- perior court today and in some cases State Attorney Alling consented to a reduction in the number of counts, | George Miglin, owner of two places in Ansonia, who had 41 counts against him, was put to plea on 15 counts on two of which-——for keeping places with a reputation for selling liquor— he pleaded guilty. Sentence was de- ferred, being a second offender.and sentence was deferred. He was convicted in the Ansonia court on December 19, 1922, James O'Connell, bartender for Mig- lin at the Mapla street saloon, plead- ed to four counts out of 12, these charging sales. Sentence was de- ferred. . John Hill, bartender for Miglin at the Liberty street place pleaded gufl- ty to 8 out of 25 counts, as did George Buste, another bartender on eight counts. fientpncefl were deferred. NEW LONDON DROWNING Louis. 1 Worcester, Mass., Sept. 27-—William | | Porter, 45 years old, for, whom a| | country-wide search has been made | for nearly saven years in connection | | with the murder October 19, 1916, of | | James McKenny and Miss Eliza Pa ten In this city, is under arrest i Louls on a tobbery charge. Earthquakes Now Daily Occurrences in Persia | Moscow, Sept. 27.—The earthquake | shocks in Persia are continuing nearly‘ every day, according to digpatches re- \ceherl here from Tashkend. The ob- servatory there records numerous shocks in the region south of Tash- | kend and up to the frontier of Turk- estan. 16 OKLAHOMANS INDICTED By The Associated Press, | “oklahoma City, Sept. 27.—At miti- |tary headquarters here today it was indicated troops sent to Wagoner were from the Tulsa contingent. Six- teen persons have been named in| grand jury indictments at Wagoner | pelle’s wharf, during a drunken brawl | Gibbons Willing fo Take Sailor From Sweden Toses Life Dur- | ing Drunken Brawl on Wharf in Connecticut City. | New London, Sept. 27.—Harry Ol-| son, aged about 25, a naiuve of Swe- den and meémber of the crew of the fishing boat Herbert N. Edwards, was drowned carly this morning at Cha with two other members of the crew, Elmer Strom and Edward Helstrom. When the police arrested Strom he broke away from them and jumped down the Hold of the vessel, breaking his leg. He was removed to the hos- pital, and Helstrom to the lockup. DBoth men are held pending @ thor- ough investigation of the affair. Ol- son’s body has not been recovered. Another Crack at Dempsey Los Angeles, Sept. 27.—Tommy Gibbons, heavyweight championship | contender, will accept a match with Champion Jack Dempsey, at Tijuana, Lower California if the proper offer| is received, according to Eddie Kane, for alleged participation in the flog- |ging of Ben Wagner of Broken Ar- | row. Gibbons’ manager. However, said Kane, Gibbons would not fight “for nothing, as he did in Sheiby,” : WARD’S STORY AS FALSE, ASKS HE BE FOUND GUILTY Scoffs at Blackmail Story Accused Has $40,000 to Keep Details Secret—Says That Was Victim, Not and Says Spent Peters Hired Gunman, By The Associated Press. White Plains, Sept with a vigorous attack on the mation of the prosecution’s Mass Calls Plea "Pitiful” Mr. Sherman characterized Mills’ address "a pitiful hill, evidence,” and said it was intended a smoke screen to camoufiage the in- ability of the defense to disprove the state’s testimony, 27-—Opening four hour and fifteen. minute address to the Jury yesterday by Isaac N. Mills, chief | of the defense staff, Attorney General Miglin then pleaded guilty to | carl Sherman today began the sum- case against Walter 8. Ward, charged with | murdering Clarence Peterssof Haver- Mr, demonstra- tion against conclusive and damaging ANOTHER ASSASSINATION | LIKELY T0 MAKE TROUBLE Head of Russian Border Commission Slain By Murderers At Fin- land's Frontier. 37—M. Lavroff, Russian Karelian border commission has been killed and two others of the commission wounded by assassins at the frontier while returning from Finland ac- cording to a dispatch from Petroza- vodsk. A sharp controversy has heen in progress for sometime between the Russian soviet government and Fin- land over the district of Karelia. Kin- land appealed to the league of na- tions,'claiming that under the treaty of Dorpat, Russia, was bound to grant a certain measure of autonomy to Kareila, but the soviet government rejected any idea of intervention by the league and the permanent court of international justice on July 23 last decided it was incompetent to pro- nounce an opinion, as requested by the league council, for the reason that Russia was not A member of the league, No reference to the establish- ment of any Russian-Karelian bordor commission has been made in previ- ous dispatches. Moscow, Sept. chairman of the a8 The attorney general said there wulBlltISh Racmg' Plane Is ample evidepce to convict Ward since p recommended | last year when ‘he prosecution after the first indictment was handed down. Ready for Big Weeps. Mrs. Ward, the came to the court room segsion opened, carrying handkerchiefs in one hand packet of letters in the other, which several other protruded. Calls Ward Murderer, before a and After asserting that Ward has asked | Sherman told the | pnr. for a jury trial, Mr. jurors that” they should not be suaded by sympathy because if the: did it would be unnecessary to hring said, was on trial for his life and he de. any man to trial. Ward, he served to be. “There is just issue; the attorney general (Continued on Fln\enth Page.) defendant's wife, the dozen from | handkerchiefs | did Walter Ward fire a bull that killed Clarence Peters,” asserted | “There is no WEATHER — Hartford. Sept. 27.—Forecast for New Britain and vicinity: Generally cloudy with moderate temperature tonight and Friday, southwest and sonth winds. THE . Lost in Tumble Into Sea The Associated Press. Cowes, Isle of Wight, Sept. 27.— | One ‘of the two British seaplanes en- | tered for the international races for the Schneider seaplane trophy tomor- row, capsized and sank in deep water | during the seaworthiness tests for nn- | trants this morning. R. A. W. Ken- worthy, the pilot, was carried under | by the machine, but rose to the sur- face and was rescued. | BY { Three Dead Two Dvmg, Six {Hurt in Bavonne, N. J.,, Fire Bayonne, N. J., Sept. 27—Three men were killed ,‘Q'V‘l eight injured, two probably fatally, insan explosion and fire which wrecked the distilling de- partment of the Baker Castor Oil Co. early today. determined and company officials were unable to estimate the loss. The fire folowed an explosion in the oil | purification bullding. 't Get ‘Married Unless You Earn $4,000 Each Year Washington, Sept. 27. one, et | {1in the professional schools today at ‘| their opening exercises. | | he warned, “don’t write poems too —# | often to young ladies.” I The camse has not been | “Don't get| married on less than a $4,000 a year| | salary,” President Creedon of George-| | town university admonished students| “Above all,” | | BAIL OF $3,000 IS ALLOWED MIGATZ, BUDNIK, POTASH DIES BEFORE HUBAND CAN REACH HER SIDE 'News Reaches Him as Speeds Via Train and Plane From St. Louis Lowell, Mass, Sept. 27.—Evans J. David, of Plssaic, N. J., | race with death by train and airplane | from 8t, Louls to this city. Mrs. David died at a. local hoaspital today. No word has reached here from David since a telegram saying that he had started eastward last night by the test transportation available. 8t. Louis, Sept. 27.—A race with death by train and airplane from St. Louis to Lowell, Mass., to reach the bedside of his dying wife, was begun last night by Evans J. David, who re- celved a telegram that his wife had undergone an operation and was not expected to live. He unsuccessfully tried to hire an airplane to take him to Lowell and departed on a train. Later friends announced that arrange- ments had been made for David to be met at Dayton, O., this morning by an army airplane which will take him to Cleveland. He plans to take an- | other plane there for Lowell. Dayton, O., Sept. 37.—Eyan J. Da- | vid left Dayton at 11:09 this morning in an army airplane for Cleveland, O,, in his race with death to the bedside of his wife at Lowell. Mass. He left McCook field 19 minutes before worfl of his wife's reached here. Cleveland, Sept. 27.—When David reached here a plane was all in readi- neas to rush him eastward on his journey, heading -directly for New York, \ Pllnt Paul Collins expected to make a_ fion-st flight to New York, reach- ing there in four hours. David was (almost prostraied when he learned of | the death of his wife. government air mail fleld here, said that arrangements had been made to have a mail plane waiting for' David when he lands in New York to carry him to Boston without delay. IN POORHOUSE AT LAST Thomas C. Harbaugh, 74, Writer of Dime Novels Goes Where He Want- ed To Several Months Ago. v Piqua, O, Sept. 27.—Thomas C. Harbaugh, T4, author of ‘dime nov- els” at last has gone to the Miami county infirmary where he said he wanted to go several months ago. Early this summer he announced an auction Sale of his hounsehold effects which brought $400. At that time he ‘was saved from the infirmary by a newspaper editor who made arrange- ments for him to go to a hospital at Trederickstown, Md. | LEAVES FOR SCHOOL Lloyd Smith Yo Study at West Stock- bridge For Admission To Jesuit Misstonary Order. Lloyd Smith of 356 East Main street, left yesterday for “Shadow- trook” at West Stockbridge, Mass., where he has enrolled at the Jesuit novitiate to begin his studies in prepa- ration for admission to the Jesuit missionary order. The novitiate was formerly the home of the late Andrew Carnegie, Smith is a graduate of 8t, Mary's Parochial school, New Britain High school, and attended Holy Cross for two years. He is the son of Mr. and Mrs. B. . Smith, Famous Stradivarius Is | Coming to United States London, Sept. 27.—~The famous Stradivarius violin known as the “‘Betts Strad"” is going to America, ac- cording to the Daily Mail. The in- strument together with 20 other old violins has been bought by the Am- erican expert, J. C. Freeman, from H. . Waddell, the Glasgow million- aire meat packer. The purchase price for the lot is understood to have been 56,000 pounds. HANCOCK APPOINTED Harry G. Hancock, an insurance and reul estate man, was today appointed y Mayor A. M. Paonecssa as a mem- hnr of the city plan commission. He succeeds the late Charles Mueller. The term will expire next June SAILOR'S BODY HOME Bridgeport, Sept. 27.—The body of Seaman John' Slimak, 19, who was killed aboard the deéstroyer Young when his ship and six others were wrecked near Port Honda, Cal., Sep- tember 8, arrived in Bridgeport to- | day. He| has lost his| H. B. Shaver, superintendent of the’ | vised Judge Alling Saya Evi- dence Is Lacking to Bind Them Over on | First Degree Warrant Plerko“skx, Also Involved, Fails to Appear in Court —Cerulick, Lipitz and Zawalick Are Witnesses for State. —— Stating that he could not find any evidence of first or second degree murder but that there' was evidence of assault and' manslaughter in the cases of Joseph Migatz, Edward Potash: and Stanley Budnik, arraigned before him on a charge of first degree murder as the result of, the death of Frank Davidowicz at the New Britain General hos- pital last Sunday afternoon, Judge B. W. Alling in police court this morning found prob- able cause and bound them over to the December term of the su- perior court under bonds of $3,- 000 each. Similar chirges against Edmund Lipitz, Tony Cerulick and Austin Zawalick were nolled by Prosecutor Joseph G. Woods at the opefing ° of court, Attorney William Man- gan appeared for Migatz, Noble E. Pierce of Bristol for Budnik and Saul P. Waskowitz for Potash. Attorney Harry Milk- owitz was in court to represent Charles Pierkowski, the seventh member of the group whose father stated that he believed he would have him in court to- day. The whereabouts of the young man, who is 19 years old, are unknown-but it is believed he will surrender himself, waive examination when brought into court and be bound over. Prose- cutor Joseph G. Woods present- ed the state’s case. Mrs. Davidowicz and Children The court room was filled to capac- ity with friends and relatives of the accused men and meekly in the first row of chairs sat Mrs. Davidowicz and three of the four small children of the family. The children cuddled about their mother not knowing what all the excitement was about. The widow wept bitterly as the warrant, charging firet degree murder against three of the young men, was read by Clerk Emil J. Danberg. She iett | the court room in the middle of the | session. Previous to the reading of the re- warrant against Potash, Bud- nik, Migatz and Pierkowski, Prose« cutor Woods nolled the cases of Ceru- lick, Pilitz and Zawalick who had turned state's evidence. The amend- ed warrant charged the above four ™ mentioned men with murder in the first degree to which Migatz, Budnick and Potash, through their counsel, pleaded not gnilty, According to the warrant the men were arraigned for the killlng of I"rank Davidowiez who died at the New RBritaln General hospital Sunday afternoon, September 23, at 3:456 o'clock as the result of being ate tacked by these men at an early hour on the morning of the same day oute side of the restaurant of Mrs. Stella Doble at 113 Orange street, Davido- wicz was 35 years of age and lived with his family at 72 Booth street. Medical Examiner Waterman Lyon gave the cause of death as a frac- ture of the skull With the exception of Potash the young men did not appear nervous when in court today. Potash, and more so as the hearing continued, clung closely to the chair in which his attorfey was seated. Photographer on Witness Stand. L. G. Rose, Main street photoge rapher, was the first withess called to the Stand. He was asked to identify four pictures which he had taken about the viclnity of the alleged crime. These photos were marked as four exhibits and introduced as evidence by the state, Migatz Wanted Butter With Bread. Steve Misiorski of 266 High street, | who conducts a taxi business in this city, was the first principal witness for the state to be called to the,stand, He described in detail the events which occurred at the restaurant, the night of the alleged killing. The witness testified that he had been' to Bristol earlier in the evening and returning to New Britain wanted (Continued on Fifth Page) .