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Your Money Back If You Want It. See Editorial Page. First Column. IXfem 1*1* atibune First to Last ?the Truth: News - Editorials - Advertisements WEATHER t.MH AND 4 OM? TO-DATi AND I.I VIOKIIIIll Vesterdat'n Ten|>entlurra: Hifh. fJJ| I.,,??. l:<. I .ill I'* i?.r ' on l'?ge 9. Vol. l.XXIV.. .No. --'t.sris. ?I ?ptri?lit. '"?li? lt, The Tribune AatsM lalion.l THURSDAY, DECE1V?BER 17. ii>U. i* * 1)ii|/?i' #7^X'L' /'l/VT In < Ity of New York. N>w;irk.?lerae?.-<',*?/aa^ Hahahta ttlt-J*. WAr? t !'?> i Kl.tinillKL TWO UM? PRESIDENT'S PARDON UNDER THE TEST OF ?. S. SUPREME COURT Counsel for Tribune Writers Challenge Its Validit} to Compel Disclosure of Sources of Information About Officials URGE FREEDOM OF PRESS IS AT STAKE Solicitor (icneral Contends That Rejected Pardon Destroys Right of Witnesses to Plead Constitutional Privilege Washington, Dec 16.-?Th? d wrge Burdick agt the United states and William I. Curtin apt. the Uni e argued in tin United State. Supreme Court t?)-day. It is believed that in no other cane that ha? ? er come before thil court have more important questions arisen affecting the freedom of tin as guaranteed by the Pirat Amend? mtnt to th federal Constitution. The cardinal ?-uestion involved in each of the cases is whether or not by m? ai, oi a proffered Presidential pardon, which has heen neither ?Right, desired nor accepted, newspaper editors ami writers can be com jatjjec | 7-nment of the United States to dtoctoM before a federal grand jury the sources of information of the facts -ti.tc?! in articles published in the press concerning matters of public interest passing under the direction of federal officials. The part?cula;' issue is whether or rot such an umuvepte.i pardon granted by the President of the United States i- valid, which recites thai it was iaaued for the purpose of aiding the grand jury in determining "whether an employe of the Treasury Depanmeit at the Custi m Hou i .New York I ?sen betraying information that came to ? ich per? son in an official capacity" and which purport.-? to cover offences which have neither been defined, proved or admitted, but which the j7-ovcmment. for its owi, advantage and not at all as an act of clemency or mercy, choosff to assume may have been committed. The parties appealing to the prcme Court in both of these members o. - r-~ The New York Tribune Mi Burdick st the tirai - the (testions ?..?? I <* city ed itor and Mr. < urtin a reporter. Kach o4 them ?ppci !? by s wril error . from an or.lcr o? the United States Dis ? Coart fin ng ..n-.i committing him .'or contempt f?>. ? lily in a grar. - al to the sources of infori ?jsrtin** isrtsin ma-rrc?ng caaes of! asch isbii Tribune wa? the Brst to exj The (ouniel in the Case. Forner orney Henry A. Vic and Colonel Hem Sackett were the coun.-el for The Trib ?atps vriteri before the Supreme i te-dsy, an sented by Solicitor General -John W. Devi?. The t**-o art <-ir< out ol which theaa ?.*a?c8 arose *vere pablishad lasl The first of thera re!.. I cir asTNtaaees which lei o naturel :n g , ? -he united State ?faithy leathei mannfaeturei of Ho '??aktn, and Mr -, h. M iMMSpanied 'ins counti *ht Fror, v h . er 1 Bui appai h more in] ??.-? .... - nature" publicatioi in The Tribune of j '?He ?tor;. Littauor, p!o\e w?m. ? ia Cesgti New York districts. ""rin-rir,,. intry jewel-" of srei: "i. I tides wars laut. es ; the ! ?vitir? .. rhe Tribu? i (Staseati nil libel undi-r ?.?.. *?,-..,. ?? Utteatr * and plsai.i d guilty ai ?me a ?anta, but . executioi trmnted al hat neve* h. . , on ed I n p tu* Her,-.. "d paid. ThtM publication:-, and part ? thet in th- '..?taue- ??ase, srause '?** of tire of D "?art ? i once tegon ?- 'ron what ???urce* The nchair? , fon mteeut under '?' !h?t ht ', aOUIteS, mil ?her. tfcii tutatfn? i ? . Jury. Taken Before the (.rand Jur>. ?, ; and ? ?FJJ? Bi rdick ai "'"' rii it **?*? demand? d *** l? ?d in part ? iUr " ?? lanffui ," ifter *rt p?i . ,. . rea. aaj,... , , , ?urh m-V . . '' v ****' i i'itori Ko vork < ? n ?ni " ?"?.a??, mgg .- \i\ih. 'r.i.i.i iu? PUf' ? ?ha? ? ____ ? ' I ___f__mit.the law ,. ?h? V ' ..1 the ?Mtbi '*L l **?** I'J I o day Price Movement of Commodities of the Criminal Code of the ed Si The first m' thi ? ? ? - - ? u or more peraont to eenapire to commit lud the -, ? , ? rtakea it :i ei in:::, off? ' et for any :>. raoa "t<> premiae or offer any money or other ? n^ in United Statea itl in violation n7' hi?' 1; v. : ::l do ?? -. Burdlct ? each i tated ander ?>ath be? sad jury thai the Obtaining onnation on which tlie ar tielei vrere based v.a?j not through the payment of an> money .,r anything; of vain.-. They alno aaaerted t?11*: ?.' a hud not eome froai aiy oficial or employ-'' of tiir Department Refuse I?? Maelsee Identity. Bey? iafnaed 'o anawer aationa whatever the rep! v Inch might ilted in a ?1 . of tl ? informante ?a t i a a Ti ?il privilet: ? tened to. it wat el? ititetiona] privileg a completo i .rri^r -o any laeceas In tiic incjeiai ternay ittei '.od. In ncy the ge .-. ithor o the e) aordini pedient, in thi . - ?, hin to be a pardoi which, name ? in part, a? tollo? ? : ? Wherea?, ! in- United St or t!,? Southern Diatriet of Near . :.! William the said jury in ti. ? i., ? ?edil i '? ' the parp?te of determining whethei ?ploye of the Treasury D? thi Cnaton louae, lew York ? ? ;ime to such pareen in an official capacity; and, ?? w ? ? William I. Curtin will Bgt I teatif] d proceed ? to incriminai "New, therefore, be it known that I, v. ilion, Pi ? the I'nited Statea of America, in cmi- der? ation o? th< pren good and tttfleiani reaaoni m? ? oving, do ?Bid V,"..! am I. Curtin a fui! an?! ur pa.'don tot all off? the i ? which ha, I Will mittcd or may have committed, '.I Uken pin? in, in COM I ? ? ,' incorporated in the ati.rementione?! Armed with ' hete "pa, d ? ore .'.-?:ii> ' of the ; ... at?ain >r.tioi] . ? relfered perd?n and ? ! he i ? ?., i. Pewet ol F'residrnl in QnasllSB. ? ."?1 h? fore I Learned Hand. ?irai argument J . . . ?titu th? Piei '?".? ->f the Ctilte,. eh '?'.?.?:.' ' ipren - i end? red by him I 'j-.i,r ol government the altaeaeei to h?- m eon? *. mpl ?i tnnit) I , parei themselvat by appearing an . for? ? ' > grand Jury again ?>"d illy i ireea of inieratetiea , p? ammeaed before .nd iaifairi - tOBtly pel - ng to anew? a?k<-'l A formal order ?rea then uhich ea< h of thrrn I if adjudged to pay a hue of 1100 and ??< .I to thi eaatedy ol the United '?.. ?.ra i' h<- ?hould , himicll e Bipl -o un' ! it,, furthei "Tii.t. '.? '!. aeei I la tB4 ".h ap? ; t,, ?i,, i h" ?) . tatet napreme .imii ti,< final >.?.!' i -.I commitment t'iulinutd ?" l"?' "? ?BBBBBB? i _ OFFICIAL GERMAN REPORT ON RAID llerlin. Dae. 1" ? ** ? ? Amsterdam and London).? \n olliiial announce? ment ?-sued here ?.?>?: "I'.irtra of our hifitli ?.eau fleet made an attar!, on the Eogfltoh SOS* roast and bombarded, on the T?Sth. early in (he morninc both fortified and eatet piares at StarhorouRh and Ilartlepool. "IteifardinR it? further rourr-e of action, no information can yet be gittern. German Squadron Creeps Up in fog and Shells Three English Towns; 24 Civilians Killed, 65 Injured MAP SHOWING BRITISH PORTS BOMBARDED BY GERMA IMS BIG POLICE NET CLOSES ON TEN IN BAFF W?RDER Moboken Poultry Man and Gangsters Grilled by Sleuths. ROUND-UP IN CASK MARKED BY SECRECY "Izzy the Strong" and "Big Dave Klondyke" Among Those Taken. ..i- bagas using dragnet ght iri the murder of Barnet Baff, and shorUy before mid-. night two men were baing iwsatad li o0ec Obs of them, ? ? . known a- "I: y th. Streng," admitted that he was the man | -.?.]?. i .-."aiktii Ban**o baahkeeper two I it which time Kh?T ap| I as complainant. The other ,.;., "Big Dare Klondyl.e." Hoth are fri.-nd* .,? ??K'..'' Criffo. who has been ineir , in the case, and is now doing Kin| I ?piinty jail under an old charge of aaaaalt and battery. During the afternoon Jame? Moore, of 58 Monroe at, Hoboken, was brought into Head-quartera, and In-?>ector Fau rot and I sptain * arey and Captai.. put i.im through a stiff ere anination. Moore is the brother of .!.,! Hfl iry Moore, who is now In .he awaiting trial of a ?shooting affray at Eighth SV. and ? ?? A' 1 o'elock this morning a fourth man was arrested, in ?he poison of . i,. ? R? anatsin, of 800/! Wost Id ? t.. I-land. Baoanatain was taken in on a Bram?t of two years ago, i ? g forgery, bat ii said by the i palies to be equally concerned with the i others arre: tel in the liaif ease. He . was taken to Heatlquart'm SBd tioned. Half s dasan men were brought to ?;- adquai tars short!] b< fors I ?'clock ,; dotaetitaa, slthougb it ?ras . thai ths indar ? boy wars quee?ened by < op ,. i .... Md Intpoetar Paaret, who tied groal soerocy as to the. the raen an.i their possible j ? \ ,..,,-, Moore was taken into Po? lite He.??Jo.iarteis the rumor spread ,i..i. _\ i.,i? ws .. '?"? lad with the Baff ease, and Captain 'arey. who charge of the boaieida sqaad. ,,oi, ?Mbnittad thol '<? was a fact. Ilooroi aha Is a ehiekee handler in Use nana Ballraad yards la Ho? boken, ?ta held on a warrant nom ou. at the Court of Special So ??barging him ?"?Hi on assault oaav September !1 The poUaM WWttt not giv the name ei the vomplamant. \fttr th- man had bt-??i in Ksurot'a efloO, perhaps an hour, the inspector had ? ooi ?"? " '?r" wi,h ? nipshei ol do ,,,i ihortly sftarward thai p|.,;? cloth's Ml !? " H'Hd.iuurl??!', ; . iBg n, ell direction!. Base ol brought in and Klondyke, The tirst ,.?i ?nan ? k found n hi boats Ht ? . Brooklya; ths ethet In Borough Park. ? otarod ! afrrtlni I either un to midnight When Behwltsky entered Headquar-1 Ivnlluut-J mu pata .*. culaiua 4 ..^^ SCARBOROUGH. THE "QUEEN" OF ENGLISH SEASIDE RESORTS. NAVY SHORT 27,500 OF WAR STRENGTH Asst. Secretary Roosevelt Reiterates the Need of 18,000 Jackies Now. ONLY SOLUTION IS A NAVAL RESERVE Would Take Months to Prepare Battleships for Action, He Declares. ? IM '. .ret'i J tVaahingtea, Dec. 16, The peace ami war needs of the Cnited States .Navy wen , lankly told to the House Com? mittee on ?'r.'.al Affairs to-day by As aiataal Seerdtary Pfaahlia D. Keane | velt. Mr. I'oosevelt is a"bitr navy" man. I ii?> ipael ad three meaaaret which would strei:p'.hen the navy. The?. a*era mera men, ?mm? ttion lookitif- to the eetabliahBtent of an adeejeate naval reserve, anil the lg of the nav-al militia of the states to n condition of efficiency here t..i'..r*. unknown. i. Roosevelt reiterated hit .sta'.o ineiit. published more than a month ago, that the shor.;?**e of the n.ival feree In adaejtiate ?a* complement \as BBproxiautelj lvOOn men. He ?aid tho actu;:l ihertag? Badet general necessi li i for piapaiadliaaa. both afl'iat and ashore, weald be la the neighborhood ??? 'i.ii'iii rasa. "If wa i..mnii.-.?ioned all the avail (ilili- -hip? it would require now 18,000 more m?'ti." he added. il- \? ietaal Secretary estimated that the ?hips now on tlie building pm^riininie which would be added to tu navy before the end of lflfl would re mire an additional ".700 men over and above th- present ahsitsga of 1>>. OOO Need of Naval Kri?er?f. Kegaiding ? real na1 al reser. c, .Mr nul: ? i . ji ri .pu>amenta of Um would ?-.ill fei as aagmeatetloa of tne ...?I of the navy by from DO^NH) touimuri) on pegs I. ?.?iluniu 5 NO. THANKS. SAYS T. R Doesn't Believe Appearance Naval Inquiry Would Help Washington, Dae. IS. Coloael Beei \elt will not appear before the Hou Naval Affaira Committee. A telegrn Il oui him to-day to Representative Ho son, who preponed the! Mr. Rooaevi be invited to discuss the situation ai needt af tlie navy, ?aid: "Thank? for poor telegtam. I do n toe where I can add other than what ha\e again and ??gain written and do a believe 1 would serve any useful pu pose by appearing. l7 does not see to me that it would be well to take ar public action in the matter. I won come if I could do any good, but I t t ol believe it would do any good." ?WOMAN IN BLUE" FREE! Mrs. Lee, Barred from Whit House, Gets Di/orce. Mu:"?.?a, Leag Inland, Dee. IS, M* Lucy L?e. known in the Roosevelt a? uiniatration ?* "the women blue, through lier persistent but u- .ii tempts to see the President, obi ined divorce te-daj from her husbam! Pn oi'ick L. I.ce. cell knov. ?i ?n ManhattB inauraaee eirelea. Alimony of v7.~. :? month - .... TWO FATALLY HURT AS AUTO UFSFTS Woman and Man Pinned Undei Machine Car Skids During exhibition Trip. An automobile try-eat? with a denv onatrator for un automobile ? otnpai > exhibiting a a ten petaenget car, aaded late las.: Bight in an accident tiiat will the deetha of two aeraeaa, . u.Hn and a woman. Boated in the tonneau. both were piaaed under the oat when it overturned. The demonstrator es? caped witti ?liKlit injurien. The mjund Hre Charlea Anteas, ?? shoe mer? hant. of Market nnd Main . Pater-ion. N. J., and Mit? .le.?-.i>' lU'.en?, of ','?> Colombia .-t.. Mariden, (..nu. They weri tekea to Lebanon Hospital with fractured ikalla. ? antiot recover. The ear waa driven by < . M. < lain pit, 1 !. of I Jlur'uni i'l-i- ??. Pate raen. iiie w??? itreel ware lai-gely n Bonaihla for 'he accident, winch ac currad on I?'.!-t t , between tirant and man a 1 ha Bren ? I ampbei. tore,'.I to try a tnddOB tu in I I avoid a collision with a cur. The auto? mobile -ri.l.b.l and o\ert,.uie.|. i be pire Dopertaienl ami sun.' to rele?>e ">li I IL?.ens and Antonu iiom UB'Jei Uic ca.. ?. S. GUNS TRAINED ON MEXICAN CAMPS Defensive Fire To Be Be? rlin if General Scott's Diplomacy Fails. CHIEF OF STAFF STARTS FOR NACO Villa at Head of Force in Big Battle with Carranzistas Near Torre?n. Saco, Am.:., li?e. 16.?An American battery was placed on 'lie Bi'bee Uoad to-day. nearly three miles from Naco, but about two miles from the border in a straight line, and directly north ol ?Governor Maytorena's headquarters. 'ihi.i batter;, l'arc- t?it: front of the i Villa iones besieging General Hill's Carnaza soldiers in Naca. Sonora, it i.I o face-- IIill's east trenches. The Kiinr an- trained directly sooth. No dring was carried on to-day by the Mexican factions, except an occa? sional i it from Hill's tr-nches. Was] it.gton. Dec. 16. Brigadier Gen I era] Hugh !.. Scotc. Chief of Matf of : sited States Army, left here to? night for Naco. Ariz., to use nig per -m.il influence <? ? ith the arring .Mexi? can faction*- t.ear Naco to ?ton their into American 'ciitory. He was peaiod by Lieutenant Cclonel Robert K. L ?Iichie, wh '?rn on hir r-taff at Kl PtvM. Should tiii- effort fail, .'.allowing the threat of the American government commiinica'cd to both Provisional I'r latent (iu?ierr??7. ami OaMOTsl Carranza, that fore? weald be used the.r sub-) ordinates ilij not case fir..?:? into tue ', nited States, II ? gener..,y inder titood that a defensive fire wil be begun by the six batteries of artillery, <*leven troops ol ivtMily ard three regiment.? ol mi., itrj ?'? I S international l::n lionera! Scott will not -.uperr-edc ral Bliss, who in in commun?! of the Naca r.itua'ion. but will act in :. diplomatic capacity, t. role :i which h ? ha.-, had laeeeaa in ? Mmiiai ntu.i ? ? 11 Pase and II trouble? amon.; tin? Arizona Indians. I?, o?, ii-ional President l.uticrr??-. has red the I'nitid States go>er?imet,t throuiih it? representa? i\ e? ;? ('?..? Mesican rapHal that the executions , tuutiiiurtl on paga J, columa 9 People of Hartlepool, Scarborough and Whitby Bombarded by Big Cruisers During Breakfast Hour. VESSELS ESCAPE; PERHAPS DAMAGED Women and Children Among the Victims?Two of the Places Attacked Are Undefended ?Prop? erty Loss Enormous?Whitby Abbey Damaged. London. Dec. 16??For the liest time in centuries England lias been struck by a foreign foe. A squadron of swift German cruuers crept th rough the fog last night to the eastern coast and turned their guns against the Britons. The number of vessels is estimated at from two to six. When day broke they began the bombardment of three important towns?Hartlepool, at the mouth of the Tees; Whitby, thirty-five mile? southward, and Scarborough, noted as a pleasure resort, fifteen mile*; be? yond. it is said that the ships, which came within half a mile of shore, flew the British flag. The land forts replied vigorously. Some unexploded shells were picked up after the squadron had depart??d. They were 12 inch shells. Hartlepool suffered mo.tt. Tnere two battle cruisers and an armored enliser were engaged, and at this place the greatest loss of life occurred. The British War Office fixes the number of deail at Hartlepool a? 7 sol? diers and '22 civilians, and the wounded at 14 soldiers and 50 civilians. At Scarborough, wheie a battle cruiser and an armored f.uiscv ??helled the town, thirteen casualties are reported, while at Whitby two were killed and two wounded. THIRTV-O.VE PERSONS KII.laEl*. lien, women and children, of the civilian population, were left dead m wounded, struck without warning while at breakfast or at work. In all. the casualty Hst totals lib, according to the official estimate?, of vvhom '?1 are known to lie dead. Three churches were damaged; the gus works and lumber yards a* Hartlepool were set afire, and the abbey at Whitby was struck- The Balmoral Hotel at Scarborough received the full effects of a shell, and a number of houses and shops were shattered and partly burned in each of the towns. The hostile squadron escaped in the mist after an encounter with coast guard vessels patrolling the neighborhood, which were reinforced as soon as the presence of the Germans was signalled. .\ dispatch to "The Daily Express" from Hartlepool says: "A< the German fleet steamed out to sea they dropped mine* to pre vsnt any .ships from following in their wake." The official account of the attack, as issued by the pre.it bureau, with more complete details' from the War Office, follows: At 8 a. m. to-day three of the enemy's ship? were sighted off Hiaftlepool. and at 8:l."i o'clock they commenced a bon * ardr..ent. Thei? -hips appeared to be two battle cruisers and an armored cruiser. Tat land batteries replied, and are reporttd to have hit and damaged the enemy. At 8:50 i?' lock the firing ceased an?, the enemy steamed away. None of our guns were touched. One ?hell fell in the Royal Lngitieer?.' lines and several lines of the litk Bttvies Hattali ?n of the Llurha' ! I-ight Infa .try. The casualties among the troops amounted to seven killed and I'ourt *n wounded. Some damage ?a? ?lone to the town and the ga-? works were set on fire. During the bombardment, especially m West lUrtkpool, the people cro.vded in the street.?, ji... appr .ximately twenty-two -ero killed end fifty wounded. At the same time a battle cruiser and an armored eraser appeared off Scarborough Hnd tired about fifty shot?, which caused considerable damage, und tl irteefl casualties i re ro-orted. At V'hitby Uvo bettle eralaotl Ired tassa shots, doing ?(.image to building?, and the following casualtie-- are r??ported; Two killed, two wounded. Ai all three places thtie va an cutir.? : t>?pnce o: p. ic, and the demeanor ?' t1 e people .vas averythiag that could he desired. UNDEFENDED TOWN'S ATTACKED. \ iraVS of intense anger has spread over England because of tho attack, and bitter denunciation is heard everywhere of a policy which permits the .-helling of undefended towns. The fortress at the mouth of the Tees i?, supposed to give some protection to the important shipping base of Hartlepool, but Whitby and Scarborough are as open to the enemy as i? Atlantic City, on the New Jersey coa.-t. The Admiralty's view of to-day's attack is indicated by the official report issued earlier than the above. After deacribing the attack it says; .lie Admiralty takes thn op, ortunity o pointing out tha demon -tratior.s of this character jga nst unfortified towns o. commercial ports, ; .ough not difticu't U accomplish, piovided that a cc -tain amount of risk is accepted, are devoid of military significance. They may cause s0,r.e loss of life among the c^i, population and liamage to private property, which is much to be regretted, but they must not in any iraJBBBatincea be allowed to modify the genera; naval policy which is being pursued. Scarborough, with its old castie on a high hill, the big casino with a high tower and the row of pretentious hotels on the waterfront, present*) a ?luning mark for target practice. Few visitors were at the hotels because of the cold weather, but one invalid is known to have been wounded and was taken away on a stretcher. la a direct line the mouth of the Tees is about 300 miles from Helgo? land, the important German naval babe on the North Sea. The Britieh Admiralty says the German ships were among their fastest. They chose a night when a thick mist prevailed to reach the English coa.st, and must have left their base at least two hours before dark, and as they ttarted to return about 9 o'clock there still remained about seven hours of daylight for the pursuit, which, however, was rendered almost impossible by the fog. How the Germans evaded all the mines and patrols remains somewhat of a mystery, although experts recall that in man?uvres British ahipe performed the .same feat in the comparatively small space between Eng? land and the Scilly Islands, which, however, was not mined. The Admiralty report announces that such demonstrations are not difficult to accomplish, but the population generally cherish to great a confidence in the protection of the British navy that the inhabitants of the coast towns nrnde no serious preparations to meet a bombardment. Except for the working people, the English are apt to be late riaers during the short winter days. Tin* bombardment by the German cruitera occurred Ivetween ?*> and I o'clock, and many people were at breakfast; others were on their way to work or were opening their shops. The laooniin? of heavy guns ?>ff the tlm*e towns ?Irew hundreds of people to the beaches. They had no thought of a German raid, but when J ?