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OMAN RAGED AT cE "a Weather—FAIR. NAL fi) EDITION Che | “Circulation Books Open to All.” } =< VOL. LXITI. NO. 22,194—DAILY. Copyright (New York Woe) by Publishing Company, 1928. Press NEW YORK, WEDNESDAY, N “COURT GIVES DAY TULA LOCK T ~TELABOUT BOKS Must Explain Refusal to Pro- | duce Them in Bootlegging : Investigation. TOO MANY, HE CLAIMS. But Prosecutor Asserts He Has Shown Contempt ard Should Be Punished. Ralph A. Day, former Prohibition Director under investigation by the Federal Grand Jury, to-day granted until 4 o'ciock this afternoon by United States Judge Knox to dem- \ onstrate to the court why the produc- | tion of the books of his closk and sult firm, R, A. Day & Co., would be bur- was \ he should not be to \ @ensome and why punished for contempt for fatlure Produce them in response to a sub- poena. It is alleged that Day, while Prohi- bition Director, borrow persons close to alleged bootleggers. “the jury also wants to learn what he oh 4 money from ows, if anything, about the theft of #6,100 cases of whiskey from the Re- public Warehouse on forged with- @rawal permits Abel I. Smith, counsel for Day, told the court the subpoena was too broad. Day, he said, had given all possible @asistance to the U. 8, District At- torney, allowing Assistant U. Sie trict Attorney Clark to examine all ithe books, even going so far as to ave @ transcript made at an expense $400, Day was ready, he explained, bring any books to the Grand Jury rovided the subpoena specified what ks were wanted. } “Mr. Clark seems to think Day ts contemptuous,’ Mr, Smith continued, {saying that Day told him personally jhe would not bring the books. Mr. /Day has never been before the Grand Jury and Mr, Clark has never spoken fo any onne save me about producing | the books. When we came to this court Mr. Clark said to me, ‘Have you brought the books?’ I replied jthat it was physically impossible to bring all the bo n such short time, “The subpoena is made out to R. A. Day & Co. [t should have been made out to R. A. Day & Co., Inc. This firm is a big one, w.th 1,000 customers, 250 employees and three factories. Bring- {ng books would cause a delay in the conduct of its business."" Mr. Clark interposed with: ‘The ookkeping of this concern is done by one bookkeeper, Day was told all the books would be subpoenaed. He knew last Friday that a process server ‘would call at his office at 10 o'clock. But Day was not there, He was not located until 11:55 o'clock and did not get to my office until 12:35. He re- | fused to produce the books, But all sbooks are subject to production before (the Grand Jury. **I cannot tell what books I most hf because I've been unable to €)ra what certain books are called in m ) Day office. If I ask for a journal, ‘arn it is called a day ledger. ‘This defendant has not pursued a ‘se indicating he desires to comply — ‘the mandate of the Grand Jury. 3 come to no other conclusion than he has been contemptuous of tho 4 Jury and I think he should be shed."* Prof. Tompkins, Cohalan’s Chief Booster, Favorite Appointee of Surrogate Has Been Named 145 Times to Fee-Carrying Jobs— While Drawing Fees Was Assistant District Attorney at $7,500 and Had Private Practice. One of the strongest—and certainly the most vehement—of the sup- porters of Surrogate John P. Cohalan.in the contention of the Cohalan family that Charles F. Murphy rejected the Surrogate for renomination because of the influence with Mr. Murphy of The New York World is Lesile J. Tompkins, professor of law in New York University. Mr. Tompkins was the leader in the movement to uphold the purity of the bench which enlisted in the Cohalan column such prominent adminis- trators of great estates as William Nelson Cromwell and such diligent Cohalan appointees to positions carrying fees as Emory R. Buckner of the Elihu Root firm of lawyers. Between June 7, 1910, and Deo. 10, 1921, Leslie J. Tompkins was appointed by Surrogate Cohalan to a position carrying fees 145 times. The records as to his re- muneration are incomplete. But the records do establish that 78 of the 145 appointments netted him $51,841.07. Among all the Cohalan appointees to special guardianships, references, temporary administratorships and general appraiserships Leslie J. Tompkins, according to the records of the Surrogate Court, holds the longest record of unfinished business. Among the large estates of which he was ap- pointed temporary administrator by Surrogate Cohalan, and of which there is no record of an accounting on the records, are the following Lillian Nordica Young—Tompkins appointed temporary administrator Sept. 8, 1914, Jane E. Barney—Tompkins ap- pointed temporary administrator April 24, 1916. Johannes, D. E. Maria—Tomkins | appointed temporary administrator Nov. 7, 1919. Mr.. Tompkins was appointed to four references in 1910. There ts no record of remuneration in these cases. In 1911 he was given eight references and two special guardianships. There ls a record of remuneration In six of these cases, the professor’ income for the year amounting to $575 In 1912 he was appointed special guardian twice and referee eight times The records show fees In four of the cases amounting to $480, ‘The next year shows a big jump in the income of the professor from the estates in the Surrogates Court. For the first time he was appointed to a temporary administratorship. Here is the record of his appointments for that year. In the cases where no (Continued on Second Page.) ———————_— COHALAN ADVERTISING . IN PEWS OF CHURCH ANGERS CONGREGATION Women at(Mass Gather Eleceton “Boosts” and Throwww Them Street. ‘Worshippers at the All Saints’ Day high mass in St. Joseph’s Church, 125th Street and Morningside Avenue, to-day found in the racks for prayer books in each pew notices of a mass meeting in the interest of John P. Cohalan, who aspires to re-election to the office of Surrogate. The idea of using a church as an advertising medium for a political meeting aroused indignation among the members of the congregation. Just before the beginning of the mass two women went from pew to pew, gath- ered up the advertisements, took them outside and threw them in the street. How the circulars got into the racks is a mystery. It is assumed that some Cohalan booster entered the church and did the distributing in an interval between masses when the church was deserted. ‘ fiser Selects Mauve as Color Of Princess’ Wedding Gown Former Empress Always Wore This Shade at Public f Functions—William Chooses “Love” Test. POTSDAM, Germany, Nov, 1 (Associated Press).—Despite former @mperor William's expressed wish that no presents be sent on the occasion of his marriage to Princess Hermine of Reuss, it is learned that a big sur~ prise gift is being prepared in former court circles here. Princess Hermine's wedding dress has been ordered from a leading Berlin establishment, this being the xt “imperial” trousseau prepared in in, it is said, since the marriage je Duchess of Brunswick in 1913. Princess's gown is described Ang of mauve chiffon and satin, nly decorated with rhinestones { steel beans. Mauve was chosen the ex-Kaiser because this color oS was always worn by the late Empress Augusta at court functions It is recalled here that the wedding text selected by William was also used when he married Augusta, The text is: “And now abideth faith, hope, charity, these three; tut the greatest of these is charity." In this connection it is remarked that Sunday's rites will, in their se- vere simplicity, be in direct contrast to William's first wedding, which was attended with unparalleled pomp. BOY PASSES NIGHT INNEW DUG GRAVE WITH HIS PET DOG THOS, HANSEN JR John Hansen, 7, Trapped When He Tried to Rescue Injured Animal. Hugging a small dog to his breast that both might be kept the warmer, seven-year-old John Hansen of Clift- side, N. J., was found to-day in a newly dug gfave in Cliffside Ceme- Both boy and dog had been in the grave all night long and were nearly frozen from their exposure. It was James Bowne, caretaker of the cemetery, who found them in the course of his patrol of the grounds. It took him to the grave because this had been prepared for use to-day and Bowne wanted to make sure it was ready, The grave was a bit more than six feet deep and neither boy nor dog could have got out of !t without aid, especially the dog, which had injured its leg, apparently by falling in, Bowne lowered a rope into~ the grave, told the youngster to catch the dog in his arms, and thus they were drawn part way up. The caretaker then reached down and drew both to the surface. Little John ts the son of Mr. and Mrs. John Hansen of No. 822 Palisude Avenue, When he failed to come home last evening his parents went to the police and reported his ab- sence. They thought he had gone off somewhere with a gang of boys. When they noted the absence of the family's pet dog, they thought the pet was with the boy What happened was that the dog, playing about with the boy, ran off and fell Into the grave. Little John, eventually finding his pet, tried frst to get It out by calling, but as the injured dog could not scale the per- pendicular sides of the grave, John jumped in after it. That imprisoned both of them, and in a short time little John knew that he must wait until some one came to release them, As soon as Bowne got them out, little John still holding fast to his pet, was hurried home and put to bed. tery. |SHEARN DECLARES GROVER WHALENI BUS “BG CHER” Named by Transit Counsel as Man Hinted At in $25,000 “Shakedown.” DESERTS 5-CENT FARE. Operator Testifies Conemis- sioner Sends Vehicles to Help Out Busy Days. Clarence J. Shearn. counsel for the Transit Commission in the bus inves- tigation, declares that Grover Wha- len, Commissioner of Plants and Structures, is the ‘Big Chief" of the bus business. He also says that Louis Ried:, who testified that he had been asked to put up $25,000 for a bus franchise, has been shadowed by de- tectives. Ferdinand W. Frankenberg, a gar- age owner and President of the West Farms Bus Corporation, operating seven buses In the Bronx, told at the hearing yesterday how, although he had put up all the money and does all the work, he gives two-thirds of his profits to Christian Brochard of No, 1560 Zarega Avenue, the Bronx, and one time deputy sheriff of that county, and Louis Karsch of Mount Vernon, N. ¥. Thomas H, O'Neill, Tammany dis- trict leader of the Bronx, and an Un- der Sheriff uf that County, used his influence with Commissioner Whalen to get him the permit for the bus line, Frankenberg admitted, but did not share in the profits. One of the interesting features of the testimony of Frankenberg was the revelation that here, at least, Is one bus line under city supervision that is not run on a 5-cent fare—the favor- {te slogan of the Hylan Administra- tion, In wn order dated Aug. 23, 1922, Commissioner Whalen told Franken- berg that thereafter he must split his route of seven and one-half miles into two zones, 10 cents ceing the fare for each zone. Hitherto, under « permit granted by Mr. Whalen, Frankenberg had been charging 20 cents a passen- ger, no matter how short the distunce he might ride. The link between the West Farms Bus Corporation and the Sheriff's Of- fice of the Bronx, in which O'Neil! is employed, was made firm by the testimony of Frankenberg. He testi- fied that in addition to Under Sheriff O'Neill's obtaining the permit for him and former Deputy Sheriff Brochard being Treasurer of the concern, Will- tam A. Keating, counsel to the Sheriff of Bronx County, drew up the papers of incorporation for the company. It was in connection with Franken- berg's testimony about the fare charged by his Luses that Judge Shearn took a filing at Grover Whalen, dubbing him “the Big Chie/ of this bus business." “By resorting to this device of get- ting a permit from a department that has no authority to issue permits, these people are able to get the con- sent of the ‘Big Chief’ of this ous business to charge a fare of 20 cents.” Judge Shearn told the commueston. ede HARDING WILL BE FIFTY-SEVEN YEARS OLD TO-MORROW. WASHINGTON, Nov. 1,—President Harding will be fifty-seven Years old to-morrow. No spectal arrangements have been made for observance of the anniversary. = ==> First in Increase of Advertising in October October, 1922, as compared with October, 1921: 423,640 Agate Lines gain 30,332 “Help Male" ads. gain 15,313 “Help Female” ads. gain 3.479 “To Let” ads, gain 2,453 “Business Opportunities” gain 1,346 “Real Estate" ads, gain 89 “Educational” ads. gain 50 “Lost and Found" ads. gain 183,858 fsaeyer 71,824 Mott, then, ne 54,189 highest newspaper. More World ads, than last year, OVEMBER 1, 1922. [“Cireutation Books Open to Ait.” “Circulation Books Open to All.”’ Katered as Second-Ciase Matter Post Office, New York, N. ¥. Widow of Rev. Dr. Hall Poses at Home for Photographers MRS. FRANCES STEVENS HALL. ee Estimated to Contain 180,- 000,000 Tons; Deal Said to Involve $15,000,000. PITTSBURGH, Nov. 1,—More than 80,000 acres of coal land, con- taining approximately 180,000,000 tons of bituminous c the prize involved in It was sald to pro- Henry 1, was deal which, in here lay, was s8 of negotiation between Ford, the Detroit manufacturer, and the Wayne Coal Company of Pitts- burgh: Well informed coal men placed the price in excess of $15,- 000,000, The properties are in Eastern Ohio and Western Pennsylvyanta and con- Ny all the Pitts- burgh No. 8 seam now being operated by the stripping method th earth is torn off the top of the coal bed and the scooped up and loaded in railroad by steam shovels. Fifteen of the thirty shovels now at work were said to be larger than any of the shovels used in the con- ot stitute practic coal cars struction of the Panama Canal. No miners are employed, steam shovel men and laborers constituting the working force. ie MRS. HARDING BETTER AFTER SLIGHT RELAPSE WASHINGTON, Nov. 1.—Mrs. Har- to-day at the White covered from a alight ding was said House to have relapse she suffered a few days ago and to be able again to sit up for brief periods several times a day. The relapse, it was said, by « cold, It was not considered aeri- ous, but her physictan, Brig. Gen. Saw- yer, thought it best that she remain in bed for several days. at was caused (Raoing Entriea on Page Two.) FORD NEGOTIATES ° (FIRE IN TENEMENT FORBIGOWIO STRIP) EXTINGUISHED BY COAL PROPERTY| GOP'S PROMPT ACT ae Uses Man’s Coat to Smother Flames, Then Questions Suspect. Patrolman Ryan of the Bronx Park Station saw flames. tesuing from the front hall of a three-story frame tene- ment at No. 3167 Jerome Avenue early this morning. At the same time he aw a man walking away from the building. “Sto your coat,"* Ryan ordered. “Give me He used the man’s coat to beat out the fire, which had attacked the stair way. Residents of the tenement helped extinguish the fire while still others guarded the prisoner. At first it was suspected that the prisoner, who said he was Joseph Prestomonaci, home- less, might have started the fire and might know something about other recent tenement fires in which lives were lost. When Prestomonact was questioned by Fire Department straightforward story which police are inclined to believe. These chilly nights, he said, he has slept in various hallways. He did so last night, he said, in the Jerome Avenue building, awoke early, smoked a cigurette, and threw away the lighted butt. There was a milk bottle in the hallway containing a little kerosene and police sald there was un odor of kerosene on the prisoner's clothing. Prompt action by Patrolman Ryan prevented a more serious fire, Prestomonact whived examination when arraigned this afternoon before Magistrate McAndrews in West Farms Court charged with arson, and in de- fault of $20,000 ball was sent to the Bronx County Jail. officials he told a irae THE WORLD TRAVEL BUREAU, Arcade, Pulltaer (World) Buildin WN Y, Clty. Telephone Bi k room for ba and night checks for sale.—Advt, “EXPLA fe Neighbors Told by Eye-Witness That Second Affidavit States “Woman in Gray Cloak” Brandished Love Notes in Faces of Hall and - Mrs. Mills and Demanded an Explanation. ¥, "4 “| ” ‘Two Couples Then Quarrelled Bitterly Till Shot | Cut Voices Short, According to Pig Farmer,» Followed by Cry of Line Up “Henrys” for Identification. “Oh, Henry!”—Mott to (Special From « Staff Correspondent of The Evening World.) © NEW BRUNSWICK, N. J., Nov. 1—Mrs. Jane Gibson, alter nately sullenly silent and garrulous, has told her vi farm on Hamilton Road something of the contents of her “second affidavit,” the astonishing, rambling statement which Prosecutor Mott | does not believe in some of its features but which, in view of other © things the investigators know, he is forced to believe in other aspects, Mrs. Gibson says that when sae turned back up De Russey Lane on ber Jenny mule, after seeing a man and a woman leave an automobile and start up toward the farmhouse, and when she stopped at the rough road jeading from the lane to.the farmaouse, she saw the glow of a flashlight at the point where there was a crab apple tree until souvenir hunters out tors at her hog” ‘ = od te it to bits. Me ‘The light was at first intermittent anf then glowed steadily. 3 ht shp,saw “the woman in the gray ¢losk’s-ga_ described ih: the: < affidavit—but she now remembers that this woman had a packet of in her hand and was brandishing them tn the face of a woman who 2 beside the Rey, Mr, Hall, and in a towering rage was screaming? “Explain? xplaint MRS. HALL CANCELS INTERVIEW “FEE,” PAYSBILL HERSELF Reporters Not Asked for $15 Each for Stenographic Report. (By a Special Correspondent of The Evening World.) NEW BRUNSWICK, N. J., Nov. 1. —After approximately $250 from seventeen reporters to de- fray the expenses of Stenographically reporting an interview with Mrs Frances N, Hall, her counsel in the investigation of the murders of her husband and Mrs Mills heard the payment of $15 each by the reporters was being jokingly spoken of as an admission fee Mr. Pfeiffer hurried into the Hall home and cume out again to say that Mrs. Hall insisted on paying the stenographer's fees her: and the chairman of the reporters’ committee had to busy himself with paying back the money he had collected from his colleagues. A manifold record was made by relays of stenographers and type- writers for the newspaper men. It was further stipulated that all ques- tions must be submitted “In writing to Mr. Pfeiffer before they were put to Mrs, Hall. The hour set for the beginning of the interview wus half past 1 o'clock and at that hour the $15 ticket holders to the coming battle of wits were wrangling with Mr. Pfeiffer as to the nature of the questions which they could ask for thelr money, Then it was returned to them. Each reporter participating was obliged to pledge himself not to leave the Hall home or go to a telephone in the Hall home until the last ‘take’ of the last of the relayed stenog- raphers was put in his hand. This was partly to protect the news gatherers from being ‘beaten’ and partly to protect Mr. Hall from any injustice which would come of only part of her answers being pub- Nshed without the light which later questions and answers might throw on them. demanding Ed, NEWARK BANKS CONSOLIDATE. Announcement was made to-day of the consolidation of the Arcadia Na- tional Bank and the First National Bank of Newark, N. J., with total re- sources of more than $5,000,000, You must explain these letters!” * This was followed, ste said, by! {noisy quarrel in which four persdhs were talking at once and in whieh mo coherent words could be made out, A shot cut short the quarrel, ~ out of the stillness which came the poignant, frightened scream of a women Gryhagt in protest. ‘ “Oh, Please—please— please! "* The only answer to the appeal the quick succession of four pr shots. If this account ts true, it wan noted, the murderer must have missed Mrs, Mills with one of his bullets. Then, according to Mrs. she went on. She told of going fi worrying over what she had seen again riding the mule back to ‘the farm to seo the woman In gray, who. may have also returned from home to the scene of the tragedy, ranging Mr. Hall's clothing, Pigs his eyeglasses in place and closing eyes. M CORROBORATION CONCERNS EVENTS IN TWO HOMES, The corroboration which the tigators have concerns what in two New Brunswick homes: fore the murders. They believe a tain person of importance in the gregation of the Church of St, the Evangelist found a taining six of the impassioned which Mrs. Mills had written Hall and already explained to Mills by his wife as quotations from the novel ‘Simon Called Peter.’ Had he been of a more aggressive mental nature he would have read the Henry! pressed by the author of the The member of the than Mr. Mills. He app letters at their true value. @ trouble hunter and already # of Dr. Hall and Mrs. Mills, 86 took the letters where they would do the most harm—to a woman utterly boumd: up in the Rev. Mr, Hall. This woman after reading the let- ters through dashed out of her home bareheaded, went to the home .f @ trusted friend and demanded that get out his automobile and take to the Phillips farm, whure the letter thief told her the Rev. Mr. Hall Mrs, Mills had gone to talk over tie loss of the letters. Working in the light of this mation, part of which has been from members of both house! is the intention of Mr. Mott te the Court House to-day or every person named Henry been mentioned in the course investigation and line them wp let Mrs. Gibson and one or two witnesses who have partly rated her story walk up and dows line to give them an upp seeing if any one of them companion of “the woman tn On the telephone to-day 3 © * 3 * a