New-York tribune. [volume], July 20, 1918, Page 14, Image 14

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Witnesses for
HearstConvict
Flushing Man
"American's" City Editor
and Four Others Appear
Against L. D. Master
Police Captain Is
Prominent in Trial
Citizens Raising Fund for
Merchant Displaying "I
Don't Read" Banner
Ably assisted by the city editor of
"The New York American" and four
others of its employes, Police Cap?
tain W. Frank Peabody, through
Patrolman John J. Bindulski and
Detective Sergeant Eugene A. Fal?
lan, succeeded yesterday in con?
victing Louis D. Master, a Flushing
realty operator, of disorderly conduct
in having swung out on July f>, in
front of his orhce. a sign reading: "I
Do Not Read Hearst Newspapers."
After Magistrate Conway, in the
Flushing court, had imposed a tjne of
$25, E. R. Garnett, of 350 Broadway,
who had been retained by patriotic or?
ganizations to defend Mr. Master, an?
nounced that he would take an im?
mediate appeal, based on the testi?
mony of the state's witnesses, which, he
said, confirmed his contention that the
only disorderly conduct attending the
hanging out of the siirn was that
caused by Captain Peabody.
Citizens to Pay Fine
As soon as the conviction of Mr.
Master became generally known in
Flushing there was started a move?
ment to form an organization to raise
by popular subscription of not more
than '_'.'> cents inch a fund to pay Mr.
Master's fine, The surplus, according
to the tentative plans, will be used to
buy and distribute the "I Do Not Read
Hearst Newspapers" buttons.
Mr. Master's conviction was due pri?
marily to the failure of Alderman C.
A. Post In appear as a witness. Mr.
Master testified that the alderman was
present at lus office while Captain Pea
body used profane language. Alder?
man Post told .Mr. Master, according
le? a statement made by Mr. Garnett
lei the magistrate, that he did not care
to antagonize Captain Peabody and the
police by appearing as a witness
against them.
During the trial there were frequent
interruptions by Captain Peabody and
Virtor Watson, city editor of "The
American." Both offered suggestions
for questions by the magistrate! and
each question was immediately put to
Mr. Master or his witnesses by Magis?
trate Conway,
Represents ''American"
The magistrate refused,to make Mr.
Wutson identify himself for the rec?
en! until Mr. Garnett called him as
;i witness and made him admit he
wa*. present iti the interest, of "The
' American." Another "American" man,
laid bj Mr. Muster to be the cine who
urged him to implicate The Tribune,
as called to the s?.mil and made to
v himself as a Hears! employe.
\- the conclus mu of the hearing
? Peabody ? .* ? driven to the sta?
tion '? ou e in the automobile carry
ng Mi Watson and the other Hearst
emploj es.
Patro man Bindulski, in his direct tes*
f and on en nal ion by Mr.
? i? i ni ; '. admitted ' hal he had only
erved the summons under orders from
1 iptain Peabodj w I It hi n ? itcd
? i fRda\ il he had not
tatcd the ign in i eferring to it
? ing read "Do Not Read Hearst
? ? i ' i adm it ? ed i hat he could
plain!-, see the "I" when Mr. Garnetl
gn in the rear of the
, ourl room.
i apta i n Peabody explained the nn
action in visiting the Master
office bj tating that he had received
monvmous telephone call telling
? : an illegal act be ng committed
on the ..'me. He said thai in his
option the painting in of the "I" in
type smaller than the other lettering
indicated a deliberate attempt at sub
terfuge by Mr, Master.
Denies He Was Profane
While denying that he had used pro
language in the presence of Al?
derman Post, Captain Peabody admit?
ted that he had said that there would
be no anti-Hearst banner hung in
Flushing and that there would he no
burning of Hearst newspapers there
U h He he ? a in command.
He losi ?us temper when Mr. Garnett
asked him if he had been dismissed
?'rom the department by Commissioner
U oo,|s for making a false blotter entry,
and after insisting that he had been
regularly reinstated bj the court an?
nounced that he stood "as high in the
community not with Commissioner
Woods as did Mr. Garnett or any
other citizen."
Mr. Master and George Lucas, ex
justice of the peace of Glen Cove, who
now has an office in the building oc?
cupied by Mr. Master, both testified
that the anti-Heart banner had been
hanging out for several hours with?
out creating any comment before Cap?
tain Peabody arrived with -Hearst
agents. Between them they talked so
loud, according to the witnesses, that
people coming from the Flushing Main
Street railroad station gathered to hear
the discussion.
Tried to Influence Master
Magistrate Conway refused to per?
mit Mr. Garnett to have Mr. Master
tell in detail of the attempt by the
Hearst agent to involve The Tribune.
After the hare statement had been
made Magistrate Conway ruled the evi?
dence immaterial and ?rrevelant. A
Hearst man, called to the stand by
Mr. Garnett, admitted that he had been
se-nt by the management of "The
American" to talk with Mr. Master re?
garding the case. Mr. Master identi?
fied this man as the one who had
urged him to make a statement against
The Tribune.
In asking for the dismissal of the
case. Mr. Garnett pointed out that the
police had failed to substant iate its
case and called attention to that part
of Mr. Master's testimony in which he
?tated that he was in favor of the anti
Hearst movement and wanted every
one in Flushing to know il. Mr. Gar?
nett also emphasized Mr. Master's testi?
mony to the effect that he was prompt?
ed to haut: out tho sign by the con?
viction that Hearst was morally re?
sponsible for the assassination of Pres?
ident McKinley and by the manner in
which the Hearst newspapers had ma*
\ gned Colonel Roosevelt.
Conway a Hylan Appointee
The attempts of Mr. Garnett and his
< uunsel Co introduce the name of the
: late Major Mitchel wore immediately
stopped by Magistrate Conway.
In pronouncing sentence Magistrate
j ?onway said that there was no doubt
I in his mind that the displaying of the
: sign tended to cause a breach of peace,
| and he expressed an inability to under
; stand the motive that prompted Mr.
? Master to hang out the banner.
Magistrate Conway was appointed
1 to the bench three years ago by ox
' Mayor Mitchel to serve out an unex
' pired term. He failed of reappoint
, ment in July, 1917, and when the Mny
i oralty campaign opened he took the
' stump for John F. Hylan against
Mitchel. One of Mayor Hylan's first
official acts was the appointment of
Conway as a magistrate.
?Another County Joins
In War Against Hearst
I New Mexico Defence Council
Urges People to Quit Read?
ing His Publications
ALBUQUERQUE, N. M.. July 19.?
Bernalillo County has joined in the
New Mexico fight to exclude Hearst
newspapers. The Bernalillo County
Council of Defence has undertaken to
keep those publications out of its part
| of the state.
The County Council adopted these
resolutions:
"Be it resolved, by the Bernalillo
? County Council of Defence that, the
i council heartily indorses the action of
? the New Mexico State Council of Dc
! fence in condemning as unpatriotic
| the attitude and sentiments of William
; Randolph Hearst; and
"Bf it further resolved that the
: people of Bernalillo County are urged
I to discontinue their patronage of the
[ Hearst publications and that news
j dealers are requested to cease selling
) these publications from their news
| stands."
?Western Press Is
Ridiculing Hearst
July 4 Love Feast
'Denver News' Assails Sen?
ator Shafroth for Lending
Presence to "Show"
DENVER, Col., July 10.--Echoes of
the Fourth of July Congressional fes?
tivities in New York are being heard
throughout the West. From the temper
of the people it is apparent that, at the
next election the voters will not forget
the names of those Representatives and
Senators who lent their persons to the
lleurst love feast.
Various newspapers in this state
have made it a point to inform the citi?
zens of Colorado that two of their rep?
resentatives?Senator Shafroth and
Representative Taylor -were among the !
few members of Congress who tasted of
Hearst hospitality on that day. "The
Denver News" said:
"More details of the famous Hearst
Fourth of July party in New York, at
which one of the few Senators present
was our own 'Honest John' Shafroth,
reached Denver yesterday.
New R?le for "Patriot"
"With appropriate surroundings in
j the shape of members of Congress, the
1 newspaper proprietor who has been la
i helled as hampering his own country in
1 its war for civilization set out to make
; the Fourth of July affair a debut party
| into his new role of extreme patriot.
I Never was the American flag used more
! lit\ ishly, und the copies of the Hearst
I publications fairly bristled with patri
[ otic screamings?same sort of thing we
bave m the Hearst side show operating
; m Denver.
"The Hearst show was to be featured
1 with as many members of Congress as
could be induced to participate.
"It required several pages in Mr.
Hearst':* newspaper to describe the af
! fair, from breakfast to 'Midnight Fol
| lies.'
Only a Few Present
"The other New York papers didn't
; consider the matter quite so important,
' especially when the list of guests dwin
' died from the several hundred for
whom Mr. Hearst had made prepara
? lions to less than fifty by the most
generous count.
"By a little teamwork with Mayor
Hylan the newspaper proprietor ar?
ranged for an exchange of compliments
fairly staggering, most of them direct
! ed at himself. Champ Clark, Speaker of
i the House, who recently wrote a strong
i letter of indorsement of our Ben Hil
j hard, whose record needs no repetition,
I spoke right up before Mr. Hearst and
\ before all the rest and said he was a
i friend of the publisher."
Mount Vernon Plans
An Anti-Hearst Fete
Citizens of Nearby States In?
vited to Attend Celebration
of Town's Legal Victory
MOUNT VERNON, N. Y., July 19.?
j The city of Mount Vernon to-day ex
1 tended an invitation to citizens of
! neighboring states to attend the mass
meeting in the council chamber Mon
? nay night in celebration of this town's
: legal victory over Hearst newspapers.
Mount Vernon citizens want to make
, the meeting a convention of represen
? tatives of every New England com?
munity which has sought to ostracise
! disloyal newspapers.
The local council last night voted
{ the use of the council chamber for the
! meeting. An arrangements committee
I to-day was completing plans ,to mawe
'??lie meeting one long to be remembered
i in tiie United States.
The Mount Vernon ordinance to ex
1 elude Hearst newspapers will not be
! enforced for several days. Although
| Supreme Court Justice J Addison
: Young rendered a decision dissolving
the temporary injunction against the
. ordinance, which Hearst had been able
1 t?> get in a New York County court,
the court order will not be made of
! ficially for a day or so. Until that
: time, this city cannot begin to prohibit
I Hearst publications by ordinance, said
! J. Henry Es.ser, Corporation Counsel.
One feature of Monday night's meet
| itig will be a talk by E. B. Loveland,
j who is a distributer of the "I Do Not
! Read Hearst Papers" buttons in this
I city, Mr. Loveland already has received
> orders for .'5,000 of the anti-Hearst
emblems. Some of the orders were
? mailed from other cities n his resi?
lience, 388 South First Street.
Mr. Loveland will conduct a button
s:.les campaign at the meeting. Like
i Lieutenant Claude W. Hoyntan, 76
' William Street. New York City, the
i designer and original distributer of the
I buttons, Mr. Loveland will ?ell the but
? tons at these cost prices: 1.000 for
' 5*..">0, 500 for ?4.2?, or 1 cent apiece
i in smaller quantities.
Wonder What a Caddy Thinks About : : : : By briggs
Increase in Pay
For Firemen and
Policemen Slated
j Board of Estimate Would \
Raise All Getting Less
Than $1,500
Increase in pay for policemen and
firemen receiving less than $1,500 a
year was recommended yesterday by
the Board of Estimate and Apportion-1
! ment. * A special meeting of the
; Board of Aldermen will be called with
? in a week for final action. It was:
' stated the new schedule would go into
j effect on August 1.
The salary increase will affect only|
| men of the second and lower grades
i of the service. Commissioner En
! right's appeal for higher salaries in j
i his department included first grade j
patrolmen and ranking officers, but
i they will not be considered until the
', general city budget for 1019 is made
up.
Commanding officers in the Fire De- !
partment, it was understood, will not
ask anything for themselves, but an
increase of $300 a year will he re?
quested later for men of the first
grade. Men of other grades will re?
ceive their increase with the lower sal?
aried policemen.
New Salary Schedule
The new salaries recommended in?
clude:
Qld pay. Increase. I
! Patrolmen, 2d grade.. .$1,400 $1,500J
? Patrolmen, 3d\grade... 1,300 1,450 i
'Patrolmen, 4th grade.. 1,200 1,350 |
.Patrolmen, 5th grade.. 1,050 1,200
: Matrons. 1,200 1,350
Firemen, 2d grade. 1,250 1,400 |
! Firemen, 3d grade. L.050 1,2001
; Firemen, 4th grade.... 1,050 1,200 |
The Board of Aldermen already have
? gone on record as favoring an increase
i for the inadequately paid men of both
j departments. There is said to be no
?question as to the result of their de-1
i cisi?n.
Employes Urge Fare Raise
Employes of the Brooklyn Rapid
Transit Company and the New York
! Railways Company, through their rep
i resentative, \V. J. X. Brady, asked the
| Board of Estimate to recommend an
j increase to 7 cents in local traction
j fares. The statement was made that
i the companies will be unable to in
! crease wages unless they are permitted
to collect more, money from passen- !
c?rs.
During the- conference Mayor Hylan
I asked Mr. Brady why. the men did not
appeal to their employers instead of
? to the city.
"We have done so," said Mr. Brady,
i "ana were told that we could not ex
i pect better wages until higher fares
' were allowed. That is why we are
, now backing up the companies in their
; request."
Petitions were tiled by the traction
'? companies at yesterday's meeting ask
1 ing a modification of their franchises
! permitting a 2-cent boost in fares, j
j No action was taken by the board, but
j a hearing before the committee on
I franchises was promised at some in
j definite elate.
j A request by the government for the?
i privilege of erecting a steel and con
| crete building in Battery Park for :
l housing War Department records was !
I not favorably received by the board.
: The new courthouse site was sug
1 gested as a preferable location for the
building. The committee on war emer
i gencies has the final power to dispose
i of the question.
Dutchess Farmers Organize
Take Steps to Enter New York
City Markets Direct
PAWLING, X. V.. July 19. About 100
| farm owners of Dutchess County, in
] eluding Paul T, Brady, whose summer
; place is here are organizing a pro?
ducers' league, it was learned to-day
to enter the markets in Xew York City
direct.
Mr. Brady is vice-president of the
Westinghouse Electric Company and
owns Mighty Monarch, the bul! which
is said to have cost $75,000.* Prelim?
inary stops to organize the farmers
were taken at a meeting in Dover
Plains, which Mr. Brady ami others ad?
dressed.
The farmerc plan to sell their food
direct to the retailers.
Crowd Manhandles Priest
Who Failed to Honor Victory
Mount Vernon Church Stormed When Its Pastor, a German,
Fails to Have Bells Run as Ordered by Mayor?He Is
Forced to Kiss Flag and Then Is Taken to Jail
MOUNT VERNON, N. Y., July 19, -
A mob of more than 5,000 persons thiS|
evening stormed the parsonage of the
German Catholic Church of Our Lady
jOf Victory, at North Seventh and Sid-'
ney avenues, manhandled the Rev.!
Father Edward W. Heinlein, the pastor,!
and after compelling him to kiss an
American flag were only prevented
from doing him serious injury by the i
presence of a squad of soldiers belong- ;
ing to the 8th Coast Artillery.
The trouble arose over the failure of
the priest, who is a German, to observe
an order issued by Mayor Brush during
the afternoon that all church bells
should be rung at 7 p. m. in celebra?
tion of the American victory on the
Marne.
Father Heinlein, after being rescued
from the mob, was taken to the Mount
Vernon l'olice Headquarters, where he
spent the night.
The affair is to be laid before the
Federal authorities.
Following the request of the Mayor,
the bells of every church in the city
except Our Lady of Victory rang con?
tinuously for a quarter of an hour.
Italians Are Patriotic
The parish of Our Lady of Victory
Church is largely German. Immedi
I ately adjoining it is a large Italian
?colony. When the church bell failed
to ring the residents of the latter
section were the first to notice it.
, Small groups quickly gathered on the
street coiners.
Shortly after 8 o'clock a crowd of
more than live thousand angry citizens
gathered a block from the church. Sud?
denly a rush was made for the par?
sonage.
Halting directly before the entrance
to the parsonage, the leaders of the
mob went inside the fence surrounding
the yard and demanded that Father
Heinlein come outside. He did so, and
some one demanded, why the church
bell had not been rung.
Father Heinlein attempted to tell
them it was because he had no one to
ring it. The explanation did not sat?
isfy the crowd, and the situation was
becoming critical,' when Chief of Po?
lice Foley and thirty policemen ar?
rived.
When he heard the cause of the
trouble. Chief Foley demanded that the
bell be rung. On the priest's refusal
to do so himself the chief sent two
policemen into the house to ring it.
When they came out they reported
that the priest had attempted to stop
them.
Tries to Remove the Flag
In the meantime some one tacked
an American flag to the front of the
parsonage. Father Heinlein, according
to the police, made a move to tear it
down. Instantly the crowd swept the
police aside, broke down the fence and
rushed for the priest.
It was at this moment that the sol?
diers, whose armory is close by, ap?
peared. Chief Foley immediately ap?
pealed to them to aid him in getting
the priest away. Before the could
force back the thoroughly aroused citi?
zens several blows had been given
the priest. Then the demand was made
that before he be taken away he be
made to kiss the flag.
According to Chief Foley the priest
at first refused, but on his advice
finally did so. During the excitement
a dog, owned by Father Heinlein
rushed at the crowd and bit a police?
man.
Late to-night the American flag if
still nailed to the parsonage, which is
toeing guarded by a squad of police.
Exporter's Wife Is
Detained Here as
An Enemy Alien
Husband a German, Se?ora
Says U. S. Promised Un?
molested Passage
All hough, the State Department had
requested that she be permitted to
enter the country, Se?ora Pilar Fee rer
ele Reuss, twenty-eight years old, wife '
of a wealthy Filipino fruit exporter of
Manila, was detained as an enemy alien
by the immigration authorities yester?
day on her arrival from Spain. She
will be sent to Ellis Island to-day.
The young woman, who is described
as unusually beautiful, wept when in?
formed that she would have to remain
overnight, and protested the State De?
partment had guaranteed her un?
molested transit from Xew York to the
Philippines, Her husband, Gottfried
Prinz de Reuss, was born in Germany
and is still a subject of that country.
Se?ora de Reuss. who was accom?
panied by her mother, said she went to ,
Barcelona for medical treatment three
years a?0. lier health regained, she
cabled the Governor of the Philippines
to a.-sist her in passing through the
I nited Slates. The Governor advised
the American Consul General at Bar?
celona that, the woman's husband, al?
though a German subject, was not pro
German and never had done or said '
anything anti-American. This indorse- '?
ment led to a request from the State
Department that she be permitted to
enter the country, but, in accordance
with law, she was detained yesterday
by the '.n' m iteration officials as an en?
emy alien. H r case will be heard to?
day by a board of special inquiry, and
it is believed she will be released.
Among the steerage passengers was
Charles Leon, who said he was an Abys?
sinian prince, who has lost two brothers
ill battle ami has been wouneled him- j
self. He had been in Spain working as
a mechanic, and came to this country to
work in an ammunition plant.
Another arrival was H. H. Murray, a
manufacturer of electrical supplies,
who had been in Barcelona for six
years.
"The Spaniards think a great deal
more of Americans," he said, "than
most persons gi"e them credit for.
Next to their own country, 1 believe
they admire America most."
-1
Parker Says People
Don't Want Hearst
Bitter Opposition to Newspa?
per Owner Among Up?
state Democrats
JAMESTOWN, N. Y., July 19.?"The
; rank and file of the Democratic party
in New York State do not want Will?
iam Randolph Hearst nominated for
Governor," said former Judge Alton
B. Parker, Democratic nominee for the
Presidency in 1904. in an interview
here to-day.
"Hearst may be nominated," Judge
Parker continued, "but if he is it will
be ("liarles P. Murphy who nominate;
him. There has been much talk to the
effect that Hearst and Murphy mad?
a definite bargain before the N'eu
York City election last year, the un
del-standing being that Hearst shoult
keep out of the mayoralty race an?
support Hylan on condition tha
Murphy should support Hearst fo
Governor this year. I have no per
sonal knowledge that such a bargt.ii
exists. If it does exist, however, i an
willing to say Mr. Murphy has a repu
talion for always keeping his prom
ises.
"But even with Murphy's supporl
Hearst's nomination would be by n
means assured. There is bitter op
I osition l?> Hearst in the upstate dis
tricts. To-day, however, the upstat
Democracy bus no machine a?ul n
unified leadership. With a Tilden.
Cleveland or a Hill leading the uj
state Democrats, as in the old day
Murphy and Hearst would be unabl
to pu!, their alleged bargain into e
feet."
Judge Parker would not comm,
himself to the candidacy of any or
cf the various upstate men who ha\
been suggested for the Democrat
nomination. He also declined to di
cuss national politics. ?
Hartford Minister
To Serve 10 Years
For Disloyal Talk
I Judge Rejects Pastor's Plea
To Be Sent to Asylum
Instead of Prison
HARTFORD, Conn., July 19.?The
I Rev. Theodore Buessel, pastor of the
German Lutheran Church at Bristol,
found guilty of seditious utterances in
| the United States Court, was sentenced
to ten years on each of three counts in
| Atlanta Penitentiary by Judge H. B.
I Howe to-day. The terni3 run concur?
rently.
The defendant was asked if he cared
to say anything before sentence was
j imposed and in reply declared he had
! been under terrible strain and had felt,
! as if he would go insane, and added
he would be unable to undergo a se
i vere sentence. The clergyman also said
j that he had tried to do his duty as a
loyal American citizen.
"I only ask you to give me another
chance," he said. "Send me to France,
j anywhere. I will lay down my life for
; my country. Take this stain of prison
i from me."
In' reply Judge Howe said that the
evidence was convincing, while the de
i fendant's testimony was not true.
i Buessel, in making his statement, had
been interrupted by the court several
i times.
Once the clergyman asked to be sent
to an asylum. "No," replied the court,
i "you are not crazy. You are disloyal
| and dishonest."
, In passing sentence the court said
that severe punishment was the only
suitable sentence to impose upon a
counterfeit citizen.
Police Surgeon Dismissed
Seditious Remarks to Red
Cross Nurse, Is Charge
On charges of seditious remarks and
disrespectful conduct toward a Red
Cross nurse, Dr. Edward Matthei, of
102 Bowers Street, Jersey City, a police
surgeon, was dismissed from the Police
Department yesterday by Public Safety
Director Charles F. X. O'Brien.
At Dr. Matthei's trial, June 13, Miss
Jennie Bogert testified -"hat when she
asked him for a Red Cross donation
he ordered her from the office with
language which Director O'Brien de
! scribed as "rough, almost brutal."
| -?
j 2 Dead and 5 Hurt
Is Day's Motor Toll
Two killed and five injured were yes?
terday's casualties due to automobile
! and motorcycle accidents in the city.
j Samuel Herman, eight years old, of
i 1?.50 Bathgate Avenue, The Bronx, and
j Rocco F'etro, aged seven, of 765 East
! 234th Street, were killed. The injured,
i all children but one, live in Brooklyn.
Young Herman was run down by an
? automobile truck while playing in
i front of 1(301 Bathgate Avenue. He
; was carried to a nearby orugstore, but
i was dead when he reached there. Jo
! seph Usin, thirty-four, of 2456 Wa; h
' ington Avenue, The Bronx, who wad
| (;viving the truck, disappeared after
? the accident, but later surrendered at
! the Bathgate Avenue police station and
was locked up. charged with homicide.
John Olzewski, of 1335 Bussing Ave
] nue, The Bronx, whose motorcycle
killed the Fetro child at Barnes Ave?
nue and 234th Street, also was ar
: rested.
Those injured in the Brooklyn acci?
dents were Amelia O'Farrell, eight, of
344 Broadway; Philip Magnate, six, of
11 Withers Avenue; Frank Deletto, of
30 Fayette Street; Charlotte Levinsky,
five, of 126 Harrison Avenue, and
Thomas Harden, of 194 Ilewes Street,
the only adult, to be hurt.
Bishop Hayes to Visit Front
Monsignor Patrick J. Hayes, Auxil?
iary Bishop of New York and Bishop
Ordinary of the United States Forces,
with supervision over the Knights of
Columbus chaplains, expects to sail for
France within a few days. He intends
to visit every Knights of Columbus hut
in the field and will be received by the
i French Church dignitaries in Paris.
Shoes and Ships
And Sealing Wax
The Compleat Warrior
If sometime soon his native land
Should drag this bard away to war;
He would reply with manner bland,
"Thanks. Just what I was looking for.
On blood and iron I ought to fatten,
I've spent my lifetime in Manhattan."
If, while we're squatting in a trench
The bombs should start to burst in
air
The Belgians, British, Yanks and
French
Would shout aloud "How debonair!"
To fear loud noise would be a pity
For one who's lived in New York City.
And if the gas clouds come across
We might create a mild sensation;
With careless hand our mask we'd toss
Away, and sniff with approbation,
And say, "On air like this I'll thrive,
For I have lived quite near the Drive."
And when the conflict's joined at
length,
And men in masses meet each other,
We'd plough through ranks with easy
strength,
Nor in the turmoil find much bother;
But say, "A gentle guy, this Mars!
I've often boarded subway cars."
* * *
"Well," said the world's best news- '
paper artist last night, "it's a relief to
be putting these black smudges on the
German side of the map for a change." !
+ * *
The colorful war classic, anent the,
ebony recruit who spurned the cavalry!
because a horse would impede his re?
treat, has been prolific of sequel. Fol-j
lowing his refusal to mount a horse,
the recruiting officer suggests aviation
to the applicant. Initial delight, fol-;
lowed by profound gloom and the fol- j
lowing remark:
"This y'ere av-yation might be;
awright, but not fo' me, boss. 'Spose
I'm up in a aereyoplane and engine ;
stops. I can hear white man say:
"'Niggah, you' get out and crank up!
this machine!'"
* * ?
Deep distrust of the manners of the
human kind is contained in the follow?
ing sign which "C. C." says he found
in a building on West Twenty-sixth ;
street:
"No Spitting on the Floor or Other
Parts of This Building."
* * *
When Benjamin L. Martin, marine,
caught sight of his brother, Edward, a
seaman, in "An Atlantic Port" great
was the reunion that followed. Neither
had seen the other for a year.
"Where you been, kid?" queried
Marine M,-?rtJn.
I "On the Arkansas," responded Sailor
Martin. "Where you been?"
"On the Arkansas," repeated the !
marine. i
The brothers had served on the same
dreadnought for nine months without
ever meeting.
Drowned Trying to
Save Her Daughter
Mount Vernon Woman and
Child Perish as Younger
Sister Looks On
DANBURY, Conn., July 19. ?Mrs.
John H. Hinklebeim, forty-five, of
Mount Verne n, N. Y., and her daugh- ,
ter, Elvira, twenty-one, were drowned |
late this afternoon in Ball's Pond, a '?
mountain h.ke, seven miles north of !
this city. The mother gave her life
in a hopeless effort to rescue her
daughter. A younger daughter was a
helpless spectator of the tragedy.
The Hinklebeim family has a cottage
a mile from the scene of the drowning.
Mrs. Hinklebeim and her three daugh?
ters drove to a grove on the shore of
the lake this afternoon. Unaware of
the dangerous character of the shore,
where the bottom shelves off abruptly
to a great depth, Miss Hinklebeim,
who was unable to swim, entered the
i water, while her mother busied herself
with her knitting on the bank above.
The girl stepped into deep water. As
she sank she called for aid, and Mrs.
Hinklebeim, unmindful of the fact that
she could not swim, plunged into the
water and, buoyed by her skirts,
reached the side of the drowning girl.
Before persons in other parts of the
grove, who had been attracted by Miss
Hinklebei.n's cries, could reach them
both sank and did not reappear. The
bodies were recovered half an hour
later.
-#-?_
Park Row Saloons
May Have to Quit
War Department Takes Old
Court House Site, Raising
Dry.Zone Issue
Some of the most prosperous saloons
in the city, which purvey liquid refresh?
ments to the hundreds of thousands
who pass through the lower Park Row
every day, and about live- hundred
others within a half mile of City Hall,
are in danger of being nlosed by order
of the War Department.
State officials did not understand the
occasion for inquiries as to whether
the War Department would issue a
dosing order until informed that the
old courthouse site, bounded by Worth,
? Baxter, Leonard, Pearl and Centre
Streets, would soon be used by that
department as a site for a provost
i marshal and his squad.
Word was received here yesterday
| that about 250 military police soon
> would be installed on the old court
1 house site, [f the strict letter of the
: President's proclamation of May ?8 be
] followed, the 500 or more saloons
woul(f*be closed tight.
State officials say that the entire
'? matter rests with the War Department,
1 and if it rules that the provost mar
: shal's barracks is not a military camp
the saloons may continue business.
But local and state officials will not
make any move, it ir. understood, with?
out orders from Washington.
What Is Going On To-day
ONE MEAL WHEATLESS.
DRIVE POR WAR SAVINGS STAMPS,
CAMPA1CN rOR RED CROSS AVAR NURSES.
?OUNG MEN'S CHRISTIAN ASSOCIATION'S
CAMPAIGN FOR OVERSEAS WORKERS
Eroo admission !? Cup American Museum of Natur?)
History, the Metropolitan Museum of Art. tin
New York Zoological I'ar!;. the Van CorUandt
I'ark Murctini, tSe American Museum of Safely
ao! the Aquarium.
' ? !. for tli? .laparu-?'? Red Croas Commission,
! Ion Club ! : 0 v n
Meeting of sut hundred Coala Rl a - S'ew York
? Itj and ? '?ii, to form an organization to
priMirt the utereat! of countrymen in this ui
i Aoadcmj Hail. :r, West Seventy-ninth Street,
? ?- .iron.
Opening ?' oldlera' and tailors' ranteen. City Hai!
I'ark. afternoon
Band concerta, ?'art Schurz I'ark. ;' r ta. ; Sewird
l'ark. ( ii m . Ka^i Third Street Recreation I'ler
Hamilton Fish I'ark ami Mount Morris I'ark. g
P m.
Addresses by H. Rognflr on "American and German
Governments The Two Compared," and William
Erllln on 'The War Situation." at Americaniza?
tion meeting, In-ailnuarteri, East Broadway and
Jefferson Street, 8:30 p. m.
O'Leary Jury
Reports Split?
Is Sent Back
Disagreement. Announced
at 10:10 P. M? I? Sur.
prise to Defendant
Accused Believed
He Would Be Freed
Judge Hand Makes Pfei
for Verdict, Emphatic
ing Delay of Trial
The fate of John J. O'Leary, indictee
on the criminal charge of having C0B.
spired to obstruct justice through abet*
ting the flight of his brother, Jeremiah
still swings in the balance.
At 3:12 yesterday afternoon, the sum
ming up on both sides and the charge
of the court were completed, and the
case was given the jurors. At 10:15
last night the twelve men filed into the
courtroom to announce they were n.
able to reach a decision.
Judge Augustus X. Hand, who is pre?
siding in the case, reminded the jurors
of the great length of time consumed
by this action, owing to the declaration
of a mistrial in the original proceed?
ings, sent them back to the jury room
with a plea that they reach a decision.
At 11:40, however, they sent in word
that they were still unable to agTee,
and were transported in the custody of
United S ates Marshal McCarthy up to
the Hotel Knickerbocker for the night.
They will reassemble at the Federal
Building to continue their deliberations
at 9:30 this morning.
In case the jury has to be finally dis?
missed without rendering a decision,
United Sta?es Attorney Earl R. Barnes,
who has the prosecution in charge,
stated last night Aat no further at?
tempt will be rnaeie to bring this de?
fendant to trial.
Few Spectators Pemain
Twenty or twenty-five person?, most?
ly from local Irish societies, lingered
in the courtroom, hopeful that a ver?
dict might be returned. The failure of
the jurors to arrive at an early de?
cision came as a distinct disappoint?
ment to the defence. When the men
who hold his fate in their hands first
retired John O'Leary made no secret
of his expectation of a verdict of ac?
quittal within an hour or two.
"There isn't a scrap of evidence on
?which they can possibly convict me."
he declared. "The government's own
witness -the only real witness it had?
failed in any way to implicate me in
the 'crime' with which I am charged."
It was on this same contention that
Colonel Thomas B. Felder, counsel for
the accused man, threw the weight of
emphasis in summing up the defence's
side of the case. The fact that John
O'Leary was brought to the bar of jus?
tice at all in connection with the ex?
ploits of his spectacular brother was,
the colonel added, little short of per?
secution.
"The only thing against this defend?
ant,"' he cried in the course of an im?
passioned address to the jury, "is that
his name is O'Leary!"
Bitterly attacking the tactics em?
ployed by the government since the in?
ception of the case, he said:
"There are two kinds of lynching.
One is the kind that employs a mob and
the limb of a tree. The other is the
kind that has recourse to a court of jus?
tice. Of the two I think that 1 prefer
the limb of the tree brand."
Spies' Evidence Jeered
Jeering at the prosecution's intro?
duction of evidence bearing on Mme,
Victorica and other alleged German
agents, the defending attorney pointed
out that no connection between John
O'Leary and these people had been even
circumstantially established.
"Arthur Lyons was granted immu?
nity," he wound up. passionately.
"Jeremiah was put in jail, and then
John was put on trial here. With the
threat of an action for perjury against
his wife held over his head, as it
was, I do not greatly blame Arthur
Lyons for telling the story he did for
the government in this courtroom; but
the guilty man in this case, if there ?i
any, is Arthur Lyons.''
The tension which has existed
throughout this case between the two
attorneys was vividly recalled as As?
sistant. United States Attorney Earl B
Barnes rose to reply to Colonel Fel?
der. He traced, point by point, the
events that have been so voluminous?
ly set forth in the course of this trial
?the drawing of a power of attorney
in John O'Leary's favor by the pros?
pective fugitive. Jeremiah: the pos?
session by Jeremiah when captured in
far-off Washington of an old suit o*
clothes that had come from Jo!-11
O'Leary's closet; the storing of Jere
miah's automobile by John in M*"
burgh, X. Y. care having been ta?"
first to remove the license plates.
"It is, as the nrosecutor Put'-,'
simply a case of the word of Artnu*
Lyons against the word of ?eTt1m?
and John O'Leary. You are to decid
which is the more credible." t
But in making that decision. ?s ?
parting word, he urged them not toff
swayed by the existence of the defen .
ant's large and dependent family0,1
the appealing presence of his *??
parents in the room.
l'air Verdict Asked
"I do not want you, either." he c&
eluded, "to convict him because t
government asks you to. But if 3^*
find him guilty I want you to do
solely because" you are convinced ?<?
the evidence shows his guilt." ,
In charging the jury Judge n?*
admitted that the evidence in the "
had been allowed to wander far Mj"
from the issues really at stake, bu* ?
clared that the wide public ?nt?r^|J
the matter had in a measure jus'-1"
this. All references to German age"*;
however, he counselled the jurors. ^
to Jeremiah's political activities .
John's connection with the suppress
publication, "Bull," were to be cc"
sidcred solely with reference to i
light they might serve to throw on '* ,
defendant's sympathy wit?
brother's firv campaigns. . #
After the Jury had passed out Jej
miah O'Learv was brought over y*
the Tombs and formally arraigned?
the superseding indictment IB ?
"Bull" case and on the indictmeWJ*
conspiracy to obstruct justice, ?B*^
which he was originally named as ? -,
defendant with his brother.