The evening world. Newspaper, November 30, 1921, Page 1

RITAIN FEAR eyENING To-Night’s Weather-—PARTLY CLOUDY. FINAL Poe) EXTRA Che |* Circulation Books Open to All,” | Books Qpen to All, rid, To-Morrow’s Weather—PARTLY CLOUDY, FIN EXTRA THE rut thea “bcc LXII. NO. 21,909—DAILY. Conrrlana show Tort Worth) ty Prete btishing Company, 1921, NEW YORK, WEDNESDAY, / SUBPOENA |. ANOTHER BODY List of Dead sd Rendisbs Seven as Prosecutor Hurries His Inquiry. PROMISES ARRESTS. Sub-Contractors Quoted Saying Necessary Brace a 1103 Manhat- of the workmen employed in the American Theatre in Bedford Avenue, Brooklyn, the roof of which fell in yesterday, was found dead in the at 10 George Smith, of No. tan Avenue, Brooklyn, one ruins o'clock this morning. This brings the list of known dead up to seven. It Is believed there is another body hidden in the wreckage. One of the injured will probably die, ‘S¥lvester Rosenthal of No. 1381 Pa- cific Strect, and Samuel Moskowitz of No. 599 Putnam Avenue, owners of the property and also the builders in charge of the work, were arraigned in Gates Avenue Police Court to-da: and held without ball by Magist Liota on a charge of criminal negli- gence, The charge was sworn to on information and belief by Detective Robert Daley. Counsel representing Rosenthal and Moskowitz appeared before Justice Kelby in the Supreme Court at noon and obtained a writ of nabeas corpus by virtue of which the two accused builders were admitted to bail in $15,- 000 each. Bonds were furnished by a surety company. Other arrests were promised be- fore night by District Attorney Lewi One of his assistants took possession of the blue prints in the office of Rosenthal and Moskowitz. Confusion as to the number cf vic- tims for hours after the accident ap- pears to have been largely due. to the ignorance of Moskowitz and his work in the building. They estimated the force to be twice its actual size. lows: STONE, THOMAS, 38, No. 666 Mad- fyon Street, West New York, N. J. SHERIDA ALFRED, 30, No. 303, West 111th Street, Manhattan. BASKIN, ISAAC, 45, No. 293 Sutter Avenue, Brooklyn. . STEIN, PHILIP, 38, No. 676 How- ard Avenue, Brookly BIRNEY, CORNELIUS, West 5ist Street, Manhattan. SMITH, GEORG 1108 Manhattan Avenue, Brooklyn. , No. 554 GUTHRIE, WILLIAM T., 30, No. 9821 Farragut Street, Brooklyn. A work card, bearing the name Sackman Street, Brooklyn, was found in a sack coat in the debris early this afternoon. An overcoat, hat and vest were found with the sack coat. The name of Rinaldi has not appeared on missing ap far as can be ascertained. ‘A young man who said his name was McNeil, but did not give his ad- the collapse this morning, saying his (Continued on Second Page.) Classified Advertisers Important! Ciasaitied porte copy for ‘The Bunday World should be tm The World office On or Before Friday Preceding Publication |_ THE WO WORLD IN BROOKLYN THEATRE RUIN: WNERS RELEASED ON WRIT partner as to the number of men at/ The revised list of dead Is as fol-| James Rinaldi, plasterer, of No. 30) any of the lists of killed, injured or dress, made inquiries at the scene of | RECOVERED | MAUDE DELMONT INAVENGER'S ROLE Keeps Constantly in Back- ground and Does Much te Hamper Actor’s Defense SAN FRANCISCO, Nov. 30.—Addi- tional witnesses in rebuttal were in court to-day, ready to take the stand for the présecution In the Roscoe Ar- | buckle case. The defense then will] counter with sur-rebuttal testimony. The entire day will be occupied. im this ‘procedure and, as each side is to be allotted at least four hours for final argument, it is apparent the case will not be placed in the hands or; |the jury before Friday. There was considerable speculation late to-morrow or at the opening to-day as to whether Bambina Maude Delmont, who swere to ‘the charge of manslaughter on which Arbuckle is now being tried for the death of Virginia Rappe, | would take the witness stand. Both sides admitted she would not be called if It could be avoided—but her name has been mentioned more and more by witnesses and she !s being drawn closer to the stand. Mrs. Delmont {s constantly in the background, It has been brought out she dined with one State witness yes- terday, She has 2ad numerous tele- phone conversations with others. Al- though she has taken care to appear only once in court, she is in close touch with the case. She is styled as “the Avenger,” and it is a known fact that she has done much to embarrass the attorneys for Arbuckle, who are trying to build up a defense that is | bombproot. A part of the crowd which usually seeks admission every morning to |Arbuckle's trial was to-day diverted to the Police Court, where Mrs, Jen- nie Neighbors was arraigned on a charge of perjury. She was arrested late yesterday at the instance of the District Attorney, who charged that |she perjured herself in Arbuokle's be- half by testifying to the alleged pres- ence of Virginia Rappe at Wheeler's Hot Springs, 9/ summer resort In Ven- tura County, Cal., in August, 1920. Two witnesses since have testified Miss Rappe was not there, Mrs, Neighbors, who is the wife of a |retired Los Angeles police officer, (Continued on Second Page.) pete ae sees WIFE NO. 2, CHINESE, TESTIFIES FOR NO. 1 Celestial Describes Three - Week , Romance im Divorce Action. Miss Emily J. James, a Chinese girl, of No. 312 West 48th Street, Man- hattan, described in Brooklyn Su- preme Court to-day her romance with Victor A. Hurst, to whom she was married last May, which ended, she said, by Hurst's confession that ne had another wife, Hurst now is in the penitentiary, on conviction of bigamy. Miss James appeared as chief wit- ness for Mra, Rose Hurst of St, Mark's Avenue, Brooklyn, described as the first wife of Hurst, who is seeking a divorce. She said she and Hurst had lived together about three weeks. Mrs, Rose Huret had a daughter, Harriet, two and one-half years old. enter aoe hw AT ARBUCKLE TRIAL a NOVEMBER 30, 1921, Rutered ax Second=Ciass Matter Post Office, New York, N. ¥. PRICE THREE R. T. DIRECTORS; REFUSE TO \wORU VET — SUBPOENAS FOR D EXPECTED TO-DAY; GUILLOTINE ASKE bet - “after | Metin i, Pleas of Rival « Attorneys. | “INNOCENT,” INT,” HE SAYS. | )On the Case of Mn of Mme, Cuchet | Rests Fate of Alleged Slaye- of Women. VERSAILLES, NoV. 30.—Argu- ments in phe trial of Henri Landru, charged with murder of ten of his 285 sweethearts, were completed and | the jury retired to decide his fate shortly after 6 P.1M. to day. | “T am innocent,” Landru declared in a brief speech to the jury before it retired, He thanked the prosecu- jiten for the manner in which the case was conducted, | | VERSAILLES, Nov. 30 (Associated | | Press). —A verdict in the trial of! |Henri Landru, charged with the mur- | {der of'teh Women and the son of one| jof them, Is expected te be reached | late to-night. | Forty-eight questions are asked of the jury, and the first of these, if |answered in the affirmative, settles the whole case. This question Is: “Do you find the accused guilty of assassinating Mme. Cuchet with pre- | j meditation?” i The second question is; “Do you | find the accused's mental cofidition | such as to attenuate his responsi- | bility?” If this question should be) |answered in the affirmative, Judge) Gilbert cannot sentence Landru to) |death, under the French law. But it the jury should answer “yes” to the first and “no” to the second there would be no option but to send the prisoner to the guillotine, Under the French jaw the jury can- not recommend a convicted person to the mercy of the court, but can make recommendations to the Com- mission on Pardons, which in turn can approve or disapprove of referring the matter to the President of the re- public. eee LIVELY, NEGRO, GUILTY OF MURDER OF GIRL Sentenced to Die Week of Jan. 16 at Trenton. MOUNT HOLLY, N. J., Nov. 30.— Louis Lively, colored, was adjudged guilty of murder in the first degree to-day {nf connection with the murder on June 4 of Matilda Russo, seven years old, at Moorestown, N. J. The jury was out an hour and a half, Supreme Court Justice Samuel Kalisch sentenced Lively to die in the electric chair at State's Prison, Trenton, the week of Jan, 16. Lively offered no defense in the trial. The State offered alleged con- feasions, unsigned, in which Lively admitted murdering the child. He said he struck her with a stick of wood when he-found her stealing pudding in his kitchen, and had cut her throat and otherwise mutilated her because of his fear of discovery. oS WHILE NATION PRAYED, THIEF ROBBED SAFE #500 Taken During Armistice Day Observance—an Arrest Made. At noon, Nov. 11, Armistice Day, when the Nation stood bowed in silent prayer, Tony Kotcowsky, twenty-four, of No. 511 East 139th Street, felt need for $100 and took advantage the oportunity, it ts alleged, to enter the soda manufac- turing place of Anthony Mitchel, No, 253 Kast 105th Street, and open the safe, from which, the police say, he took $500. | J. Shearn, who jofned with Chairman | tors with “bad fait! ) -WHOREFUSE TO TESTIFY ABO BiG DIVIDENDS | Transit Contin Charges “Bad Faith” in Failure to Appear at Hearing. | WON'T WAIVE IMMUNITY | Company’s Counsel Says In- quiry as Conducted Is to En courage Hostile Attacks, ‘The Transit Commission's investi- gation into transit affairs took a sen- | saticnal turn at the beginning of the session to-day when it was announce. by James L. Quackenbush, general |coungel to the Interborough, that the , directors deplined to appear volun- tarily as witnesses, It was stated that they refused to| appear because of the alleged advan- tageous effect an examination con- | | cerning their financtal operations with urities and dividends would have| upon so-called disgruntied stock holders. who, it was charged, are seeking to put the company into bank, ruptey. The announcement came as a shock to both the members of the commis- sion and its special counsel, Clarence McAneny of the commission in a scathing rebuke, charging the direc- and then order- ingtheir appearance to-morrow under subpoena by virtue of Legislative power of the commission. | ‘The directors failing to appear to- day will also be required to sign waiv- ers of immunity, which Mr. Quacken- bush announced they will refuse to do Directors subpoenaed are August Bel- mont, Edward J. Berwind, Cornelius Vanderbilt sr, Daniel G. Reid, T. De Witt Cuyler, F. De Coursey Sullivan and Morgan J, O'Brien. They, were to be questioned concerning huge divi- dends and loans in 1917 ad 1918. The subpoenas were placed in the hands of process servers, It was learned this afternoon that) Mr. Belmont, Mr. Vanderbilt, Mr. Berwind and Mr. O'Brien had been | served with the subpoenas to appea> before the Transit Board at 10.30 A. M. to-morrow. It !e "derstood that the other three subpoenas were nop served. Mr. Retd ts said to be ill, Mz, Gliivan is trying a case’ in Con- nectiout, and Mr, Cuyler is in Wesh- tpston. STATEMENT READ BY COUNSEL OF THE INTERBOROUGH, Although he did not say so for the official record, Mr. Quackenbush an- nounced to reporters before the ses- sion opened that the statement he was about to file with the commission (Continued on Twentieth Page.) COURT WRIT STAYS JERSEY CITY PLANS FOR NEW GAS PLANT ‘Two Jersey City property owners were represented by Attorney Robert Carey and the Public Service Gas Com- pany by Frank Bergen before Supreme Court Justice Swayze at his home in Newark to-day on an application for a writ of certiorari in connection with the proposed municipal gas plant in Jersey City. The Justice granted the writ, which brings the case up for re- view by the whole Supreme Court and acts as a stay to any step by the Jer- sey City Commission. The plan for a municipal gas plan: was adopted in ‘a referendum at tho election this month. George L. Rec- Early to-day Detectives John But- ler and William Vachuda of the F 104th Street Station, arrested .av prisoner at hig home on suspicion of burglary, According to the police, he ** samite the crime, 4 ; ord, lwyer. of Jersey City, and Charles C. Pilgrin. of Newark, opponed the (motion for the writ in behalf of the RECTORS OF LR 1. ACTRESS WHO SAYS GOULD’S DIVORCE | | | [N | | | IS NOT VALID HERE) 23 Mae BRAKE O, SOULD... EDITH KELLY GOULD GAINS POINT IN SUIT TO CANCEL DIVORCE aus Justice Guy Awards $5,000 Counsel Fee in Fight on French Decree. Mrs. Edith Kelly Gould to-day won the first step in the legal pro- jceedings she has instituted against , Frank J. Gould in this country as a esult of the divorce he obtained against her in France about a year ago. Justice Guy of the Supreme Court to-day, signed an order grant- ing her $5,000 counsel fees for pur- poses of prosecuting her appeal from & decision dismissing hte sult for separation from Mr. Gould, Tt has been Mrs. Gould’s conten- tion that she 1s still the wife of Mr. Gould, on*the ground that the decree of the French court was not oper- ative in this country, and to test tho validity of that decree Mrs, Gould has instituted @ suit in this county alleging misconduct. In this action ‘the plea of Mr. Gould that he had obtained a divorce from his wife in France was sustained. An appeal from this decision was taken to the Appellate Division, but no decision has as yet been rendered, ‘When the matter was brought before Justice Guy early this month it was argued for Mrs. Gould that the record of the divorce court of Paris showed that Mr. Gould, at the time he ob- tained his decree, was domiciled in Tarrytown, N. Y., and staying tem- porarily in France. In granting the order to-day Justice Guy said: “In view of the fact that the Fed- era] Court has held that a final jud, ment of a French court, even In @ commercial case, 1s not conclusive but merely prima facie evidence of the merits, and that there has apparently been no decision by our State Appel late Courts to the contrary, the quei tion presented on appeal from the order herein is of so novel a character that I am of the opinion this court not only bas the power to grant but should grant a reasonable allowance for purposes of appeal.” ik of a mori | hana of Old World diploma: — | BIG GAIN IN GERMAN EXCHANGE, JHPAN TO GIVE Ul ACCEPTANCE ON NAVY NEXT WEEK ippon Knows Britain Warts It and She Cannot Cause Parley’s Failure. AR EAST WORK FAST. F. Conference Finds Japan Not| So Much of an Obstaci> There as Was Expected. By David Lawrence. (Special Correspondent of The Eve- ning Wor WASHINGTON, Nov. 30 (Copy- right, 1921)—Enough has transpired , within the last twenty-four hours to warrant @ positive prediction that an! | Agreement will be reached within an- |other week on the programme for a jreduction of naval armament and a naval shipbuilding holiday No longer is there worry about the outcome, prolonged as the debate may be. Fer the truth is the Japanese hand has been disclosed. It Is the cy which rarely accepts anything right off the bat but considers it carefully, aske for more, appears to be deeply in- sistent on more concessions and, finally, wicb a gesture of generosity, recedes in the interést of common agreement. | For several days the views of Baron Kato, Minister of Marine, have been put In one form or another, giv- ing the impression that Japan was adamant In her desire for a higher ratio than the so-called 5-6-3, Now comes Prince Tokugawa, the head of the delegation, and in a talk with newspaper men, lays stress on the fact that Baron Kato was expressing Her this personal views. This, however, isn't the only basis for the Idea that Japan !s prepared to make good her original acceptance of the Hughes programme, There are other signs beneath the surface which lead to the conclusion that Japan has decided she cannot be responsible for the breaking up of @ naval arma- ment agreement which the whole world hailed so auspiciously after the opening session, Japan knows, in other words, that Great Britain is ready to accept and will do so, and that even France will not quibble over the submarine tonnage figures, but will, at the psychological moment, withdraw her request for modifica- tion. In the face of a European and American entente, Japan cannot afford to stand alone, She now knows the dangers which might ensue from too great insistence on her own view- point she knows, for instance, that Secretary Hughes is not in a bargain- ing mood, and that if Japan means to alter the existing strength of the American and Japanese Navies there will be no naval holiday and no reduc- tion of armament. The conference !s having its ups (Continued on Second Page.) ————— PRESIDENT SEES SENATE LEADERS Executive Paving the Way for His Message to Congress on Tuesday Next. WASHINGTON, Nov. 30.—Rresident Harding began to-day what was un- derstood to be the first of a series ot conferences with Congressional! leaders, particularly from the Senate, paving the way for the Executive's address to Congress next Tuesday, tn which the legislative programme for. the coming,session will be outlined, Hostilities Will LONDON, Nov. 30 (Associated Press).—In Government cirel \day belief was expressed that the Irish Conference would break sdonts most immediately as a result of the difficulties which have arisen : that the resumption of armed hostilities could not be postponed.” SP: The alternative settlement plan submitted by the Governmen Sinn Fein representatives last evening included the necessity for a undertaking by the Sinn Fein to take 12 STUDENTS KILLED WHEN TRAIN STRIKES BUS; 3 OTHERS HURT RED BLUFF, € Nov, 30.— Twelve studente of the Red Bluff High School were killed to-day when a Southern Pacific train struck a bus in which they were riding. Three other students were seriously wounded, Bodies of those killed were strewn along the tracks for 200 yards. eee TWO BARGES, SIX MEN ABOARD, LOST AT SEA AS TOWLINE PARTS ‘The loss of the barges Governor Robey and Carrie Clark, with six men aboard, off Navesink early yesterday morning was reported by the tug Nep- tune on her arrival at this port to-day, According to word recetved by the agents, the barges were in tow of the Neptune from Norfolk to Boston. The barges went down in a storm, Capt. Little of the Neptune said, He saved the West Point, third of his tow, and brought her, into port. —— MILK TERRORIST GANG TOURS IN FAST AUTO Newark and Irvington police are trying to catch up with a fast touring car containing five or six striking milk drivers who, it: is believed, are attempting to terrorize working drivers. Of four attacks made to-day on drivers, two undoubtedly were made by the same “terrorists.” In Newark five men attacked Henry Scheldier of No. 8 Rose Terrace, Bu gene O'Rourke of No. 120 Belleville Avenue and William Cogblin of No. 1 Henry Street at different points and escaped in an automobile. In Irvington six men were beaten off by Alfred Supphery of No. 53 Ridgewood Avenue. They also fled in an automobile. ———__ PICKS UP $56,000, GETS $15 REWARD CHICAGO, Nov. 30.—Charles Neuman, who recently found im the street a wallet containing $56,000 tn checks, notes and negotiable securities, and ad- vertised extensively for the owner, re- celved more than 1,000 letters suggest- ing how he could dispose of the fortune or the reward, among them one from Albert Feigenbaum, who established ownership of the mons To-day Mr. Neuman received a letter inclosing = check for $16 from the owner of the fortune. aeieesueeee HUNGARY TO DECIDE IF IT WILL HAVE KING —_—_———— RLOOD-GIVING DRUG ADDICT Goms| BUDAPEST, Nov. 29 (Associated TO JALL, Preas).—Premier Bethlen to-day told James Milo, twenty-seven, No. 225 Bowery, caught in a drug raid on Nov. LONDON, Nov. 30.—' Jersey City Commission The property bape bringing the action are Arthur C. stratford end Thomas J. Stewart. i LS ~ here, dropped to 960 the pound sterling, red with 1,100 yesterday. ‘The business was mostly Coane torlum for Germany has resulted in| 22," %nd caus “or ‘ghecial improvement of exchange on the mark four sents tr, ae having heroin in his ‘occas Pions sold this blood for transtuslon lon i, was to-day sent to the penitentiary ilo Py A a sees 1 an sony Saeee Sessions tor the aonference of the Hungarian Chris- tian Party that the Government was planning to introduce ip the National Assembly @ bill designed to solve the question of « future King for Hungary. Pape oberg be dedclared, propaganda im faver of any one would not be tole- TESTIFY “COMPLETE FAILURE OF IRISH. PARLEY FORESEEN IN BRITAIN Renewal of Demand on Sinn Fein ' Leads to Belief Negotiations Collapse Immediately. and Ths Le Be Resumed. - emma niente etal tt t RCRA LAO ALAN the oath of allegiance to the Cre The Sinn Fein has many o to-the Government's new even if It agreed to discuss this 4 it will not now give its assent ta, the, oath of allegiance proviso, it is Thus it appears, according to ernment officials, that the breach the negotiations, if it comes as ie feared, will take place over the alles) siance issue. te There has been hope of pi the truce’and adjourning the negotiae tions for an additional period pis months, but this hope has | ceded, Once the conference is it Is felt in responsible quarters tl it will be practically impo maintain the system of co. Maison officers, Then, too, the moment a bi curs, it is believed in these qu that there would be imminent of the Sinn Fein, on the one gidie, the Police Auxiliariés, on the trying to get to their guns first, - who have been “on the run” would become apprehensive arrest, would take to the byte hn assumed, and the truce Fs Ca tS a eed eee forces not to pursue them wi survive such conditions, Ri ‘The military, it is indicated, alld . be put in charge of affairs in * emelald? and interference by c with Ite act. would fot be permit ted. A meeting of the T 'tigh represent: atives in the Irish conference held this morning. It was presides over by Prime Minister Lloyd ‘The initial impulse which about tho conferences betwen George and other representatives the British Empire and Eamop Valera and other representatives the Sinn Fein Government of was delivered by J. C. Smuts, of the Union of South Africa, On 4 visit to England in the spring of year he crossed over to Ireland lalked at length with De Valen cther Irish leaders, He also with Lloyd George and opened way to subsequent negotiations, King Edward in @ speech opts the Ulster Parliament in June ex pressed the fervent hope that irish difficulty might be aettled. George took the next step by De Valera and other [righ leaders meet him informally in London. meetings of considerable length held early in June and the siti was thoroughly canvassed. On July 20, Lioyd George in a to De Valera submitted six pro in outline as follow: First—That the Royal Navy control the seas about Ireland Great Britain, Second—That the Irish Territ armed forces should, within able limits, conform in respect numbers to the military estab ments of other parts of the islands. Third—That Ireland should Great Britain Fe BOE be SB u pe