OCR Interpretation


New-York tribune. [volume] (New York [N.Y.]) 1866-1924, July 22, 1921, Image 8

Image and text provided by Library of Congress, Washington, DC

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83030214/1921-07-22/ed-1/seq-8/

What is OCR?


Thumbnail for 8

; Small Refuses
t?o Be Arrested:
Pleads Office
Hold? If He Surrenders and
Gives Bond fife Would Be
Giving Dp Constitutional
Rights as the Governor
Case To Be Argued To-day
Foes Say Enibez-?ement,
Conspiracy Charges Will
- Be in Forre End of Term
Special Dispatch to The Tribune
SPRINGFIELD, III., July 21?Gov
? l?nor Len Small refused to submit to
?irre/t to-day on warrants issued, fol
, fW-ing the return yesterday of three
{-dietments by the Sangamon County
?'.rand jury, charging him with cm*
?ezzlement of state funds And con?
spiracy. Arguments on the Governor's
constitutional right in the matter will
be heard to-morrow morning, according
,,uto an announcement this afternoon in
"Judge Smith's court.
An opinion upon which Governor
Small based his action, with precedent
set by Governors Altgeld and Tanner,
who refused to submit to arrest follow?
ing indictments on charges which died
with the indictments, was prepared and
"signed by Attorneys George B. Gil
fTlespie, of Springneid; Joseph W. Fifer,
of Bloomington, former Governor of
Illinois, and James M. Graham, former
Representative from this district. Mr.
Graham appeared in court with the
opinion and announced the decision of
the Governor to abide by the advice of
his attorneys.
The attorneys take the position that
Governor Small cannot be arrested
while Governor, and that if he sur
T'renders and gives bond it will he a
"?^--iurrender of his rights and will estab
' Hah a precedent.
Warrants Continue In Force
This leaves a tactical victory for the
"state, for the warrants still stand
against Governor Small. It is asserted
that should the court rule in favor of
the position taken by counsel for Gov?
ernor Small the Indictments would still
.stand against him and would be in
?force when his term of office expires.
The standing of proposed civil suits
against Governor Small, will not be
affected, it is said. The position taken
by Governor Small and his attorneys
'i.f considered an unwise one by some
lawyers and politicians here. It is be?
lie*? ed it will be constructed by the peo?
ple as an attempt to avoid trial, which
is contrary to former statements said
to have been made by Governor Small
-to the effect that if he were indicted
*-? he would demand an immediate trial.
Lieutenant Governor Sterling an
"'"nounced in Rockford to-day that he
i would be here to-morrow to arrange
?si" .for his bonds on the three indictments.
** Judge Smith reduced the bond of
Verne E. Curtis to $50,000. When the
indictments were returned yesterday
the bond was fixed by the court at
$50,000 on each indictment. The order
of the court to-day permits the
$50,000 bond to stand for both indict
{,-jro.ents against Curtis. Ernest Curtis, a
? - Irother, and Mrs. E. B. Griffin, a sister,
,/r both from Grant Park, signed the bond
?. for Curtis.
Four Indictments Returned
>. Four indictments were returned.
They covered charges of fraud by the
three men during the terms of Small
and Sterling in the State Treasurer's
^office, between 1917 and 1921.
' *? The first indictment charged the
T Governor, Lieutenant Governor an?l
Curtis jointly- with embezzlement of
*" $700,000. A separate indictment against
- Small charged him with embezzlement
??? of $500,000, while Lieutenant Governor
' Sterling was individually charged with
?i embezellement of $700,000. The fourth
Indictment charges the three with con
? spiracy and confidence game, involving
* $2,000,000 interest on state funds.
The indicted men are accussed of
-"-??having appropriated to their own uses
the $2,000,000 mentioned in the indict
?**>ments?interest money earned by the
State Treasurer's office on state money
**f..lent during the terms of Small and
. Sterling as state treasurers. The Grant
Park "paper" bank, -which was owned
.'?by Curtis and a brother, features in
hi several counts, although other acts are
?.also charged.
There is considerable discussion to?
day as to just what would happen if
Small and Sterling were convicted. It
was pointed out that ouster proceed?
ings probably would be the natural
course, as the constitution of Illinois
"'declares that no person who owes the
?t?te money is eligible to hold a state
office. -
Probable Successor Discussed
___ The next Governor of Illinois, should
""both Governor Small and Lieutenant
Governor Sterling be ousted, will be
one of three men; wl\ich one opinions
of lawyers differ. The Supreme Court
of the state probably would have to
decide finally who would become Gov
- ernor if the present Governor and
" Lieutenant Governor lose out. Pre?
ponderance of legal authorities favors
the belief that State Senator Williar
..S. Jewell, of Lewistown, would succeed
m to the Governorship through promotion
from his ptesent post of President pro
tempore of the state Senate. Others
hold that former Governor Frank O.
*? Lowdcn would be entitled to resume his
^*old place as head of the state gov?
ernment on the ground that a successor
had never qualified for the office. There
are not a few lawyers who assert that
James Hamilton Lewis, the Democratic
*?* candidate for Governor last fall, would
I stand next in lino for the Governorship.
I However, f) lends Of former Governor
i Lowden ?nil former Senator Lewis dt>
; dared to-day their belief that neither
would make any effort* t?i obtain the
Governorship by inheritance. Some SHY?
that neither would accept the post.
It is believed that Senator Jewel!
would be the sole heir If Governor
Small and Lieutenant Governor Sterling
are forced to relinquish their official
positions.
? .? ?
Hotel Suicide Leaves
$20 to Pay for Room
Clerk Who Came Here From
Dallas, Tex., Goes to the
MeAlpin to End His Life
William F. Easton, thirty-five years
old, i* clerk, formerly of Dallas, Tex ,
committed suicide in the Hotel MeAb
pin yesterday by shooting himself in
the right temple. His wife, Mrs.
Marion Easton. 2060 ' Elmoro Place
Br?oklyj*w refused to talk after identi?
fying the body.
According to House Detective Denis
ton, of the MeAlpin, Ersten entered tin
hotel at 11 o'clock Wednesday night.
There was nothing unusual in his ac?
tions.
Failure on the part of the, maid to
receive a response to repeated knock
ings yesterday afternoon led to an en?
forced entrance of the" room. Easton
was found on the floor dend, clothed
with the exception of his coat.
On a dresser were a $20 bill and a
note addressed to his wife, asking her
to pay for his room. The bed had not
been disturbed.
Mrs. Easton admitted she had seen
her husband Wednesday night, but de?
clined to sav anything further.
Carl Winterbottom, 620 Sixth Ave?
nue, took charge of the body.
? '
The Stage Door
"Sonny," OeorRe V. Hobnrt's play with
melodies by Raymond Huhbell. which the
Selwyns will present at tho Cort Theater
Austin". 15. wall have a preliminary open?
ing In Stamford, Conn., on July 23. Dur?
ing the ?St?imford engagement the rntir,*
company will be the guests of Emma
Dunn, tho featured member of the cast.
Josephine Victor is booked for Proctor's
Mount Vernon Theater during; the we-ok
of August 14.
Bird "Millman, who will be seen In tho
"Greenwich Village FolHes of 1921," has
had an entirely new act devised for her
by John Murray Anderson.
Wallace Eddinger will have the role of
John Hamilton, a book agent, In I.e
Baron's new comedy, "Nobody's "Money,"
which L. Lawrence \Vi>ber will present at
the Long-acre Theater Curing August.
"The Full Cup," by Theresa Helburn,
will open under the direction of Marc
Klaw. Inc., November 7, In Allantlo City.
Tom Powers Is the latest Morosco re?
cruit for "Love Time." which will here?
after be known and billed as "Visions and
Dreams."
Seventy-five members of the Women's
Auxiliary of the Hudson Park Chapter of
the Red Cross will attend to-rilght's per.
formance of "Just Married."
John Wray has been cast for an Im?
portant part in "The N'lght Cap," opening
at tho Thtrty-njnth Street Theater on Au?
gust 3.
?ejE/aicuaiaMMa
PRODUCTION
What the world needs as
never before is production,
to make up its great losses.
Here in New York we need
production of houses. Put
your July dividends into
our 5^2% Guaranteed
Mortgages and make every
dollar you can spare work
to build new homes for the
city. At the same time get
an absolutely safe invest?
ment for yourself.
LAWYERS TITLE
& TRUST CO.
160 Broadway, New York
18S Montagne St., Brooklyn
44 Court St, Brooklyn
367 Fulton St., Jamaica, N. Y.
3S3 E. 149th St., N. Y.
1354 Broadway, Brooklyn.
100 Main St., XV, l-lairw, N. Y.
Too hot to go to the
Theatn
but you can stay Home,
turn on the fan, and enjoy
a Borzoi Book.
For Instance??
"SEVEN MEN"
by . Max Eeer
bohm?
Heywood Broun
calls it "a mar?
velous bit of
whimsy." ?
$3.00 wet of oil
bookstores or the
Publisher?
A If rod A. Knopf,
ZK)W.42St.,N.Y.
R
fVOLI ALICE BRADY
Broadway In "?.ITTLE ITALY"
at 40 ft?. HlToli Concert Orchestra.
BEGINNING Sl.M'A?
GLORIA SWANSON
in ELINOR GLYN'S Original Photoplay
"The Great Moment."
I ALTO TH0S. MEIGHAN
TIMES "The CoMunst of Canaan."
SQl.'AKB
Famuiis Itiulto On-liestra
SS?" "The Golem"
HQl'AKE "ELI, ELI." PROLOGUE.
America's Foremost Theatres and Hits under the Direction of Leo * J. J. S''"b"l
is _M.
1
tt]
WINTER CARDEMuflifS^isir
MATINEE TO-MORROW. 50c TO $2.
eUUDCDTThes.. 44th, W. or IVy. Evgs. 8:30.
SnUB-Tll MattnsM Tu-ru'w ? WedT, 230.
t??cV"'* JUST MARRIED
With VIVIAN MARTIN and LYNNE OVERMAN
The 1st Yf?nr
tot 830. * * *M?%*\?
UTTLE
THEATRE I e?s. ? 30.
Went 44 St. I Mats. Wed. & Sat. at
ACaiTIIDV G2?.l St. ?net Central Park We?t.
CENTURY EVENINGS ONLY AT 8:15.
COOI.ro BY TONS OF ICE
THE LAST WALTZ
?nil elkanob
PAtNTgB.
"THE SKYLARK," with a Cast of STARS
Open, at the BELMONT THEATRE
Next MONDAY night. Get Tickets Early
BOOTH ffifc. ???g ?gJS
A oi? .oc ?E GREEN
ARLISSin GODDESS
"fSARRlPlf 35UiSt..E. of B'y. Era. 8:30.
UMnrilUrV Mau. To-ni'w _ Thur.. 2:30.
Mit. pijyi Passes By
- REFRESHING COMEDY BY A. A. MILNE.
Clli Tr?M 46th St., \V. of B*y. Eva. 8:30.-?
rUL I Uft Mais. To-mor'w & Wed.. 2:30.
SCHILDKRAUT nul <(? ff f if"? ft/t ? >
LE GALLIENNE in LIi__V-JlV_ _
FRANZ MOLNAK'S COMEDY OF L*FE.
>
MQWSCOrt^^^-^
d_U hy_ a,jo
5'jo
THE DRAMATIC SMASH!
THE B?T
?BATS SKLUSO 8 WEEKS AHEAD
ArilTDsl THEA.. B'way at 4Tth Street
VSHIInHb Twice Pally. 3:3? and 5:30.
"A CONNECTICUT
WIXXJAU
VOX
Presents
?Used by BauBstt J. Tlrno
lAnlVbC Arthur'? Cuurt"
POP. PBICB9.
TIME8 SQ., W. *2 ST
Ev*>. a:oU
litC'IIARI? CAKJ.E
BLANCHE KING
(HAS. WMMiKK
WINONA WINTER
?!AY (?OCI.D
bot. & Thurs. Best Seati $2.
ACT?D^now-popim price?
?"^JS1 ? %?rO,%.r?X'!..J DAILY - 7-50 ??
ff*ARK B'wa.v and
WILLIAM
fox
rrsMBta
fcr Will CsrUtae.
R ? ?Twice Daily
th St.l 2:30?8:3?
I Vnif? 42,1 ST- WKST 0V BROADWAY.
LI IIS- Twlc? Dally. 2:11 and 8:15 P. M.
William F?x ??resents the most stupendous,
most sensational screen offsrim ever known.
?votheh?ll?Q?EENofSHEB
Dlrerted by Barry Ml Hard*
Directed by J. Gordon Edward*.
?urns
Series
Pk
avers
(C.-'OtIniK-cl frem p*?j"i on?)
men who had bean mentioned by Hums
in his direct testimony, Th*y Included
most of the Infield and two outfielders
of the regular White Sox team.
"Wore all those vmon in tho hotel
while this practice was going on?" he
ropo a tod.
"I don't know nbout the practico,"
said Burns, "hut (hoy wer? in the hotel
when I got there."
"Wore Weaver, Risbor-** and Schalk
prosont?"
Tho mention of Ray Schalk, whose
name had never boon connected with
the scandal, caused a murmur in the
courtroom. Burns answered calmly:
."Vos. they were there."
"You
*l* it
Assistant State's Attorney Tyrroll
leaped from hi:; chair.
"Did you mean to name .Schalk, Mr.
Nash ?" he inquired with some heat.
"No, of course not," returned At?
torney Nash. "I meant K?lsch. But I
suppose that if I had asked this wit?
ness if Charles A. Comiskey was in
the room he'd have said 'Ves.'"
The examiner pinned Burns down to
an admission that he had not seen the
players after the first game, as he
stated in yesterday's testimony.
"Did'nt you say that you saw them
after the first game?" he demanded.
"I ain't sayin' I did," replied Burns.
"Answer yes or no."
"I'll answer as 1 please."
Mr. Nash then had portions of the
record read, showing that Burns had
been asked by Prosecutor Gorman re?
garding a meeting after the first game
and that he ha?l described such a
meeting in detail. At this point Mr.
Nash announced his intention of im?
peaching the witness as a perjurer.
Several sensations developed as At?
torney Ahorn took over the examina?
tion from Mr. Nash. The attorney
asked Burns if Billy Maharg, the
Philadelphian who has been closely
connected with Burns in all his deal?
ings with the State's Attorney's office,
was really "Peaches" Graham, former
Cub catcher. Burns looked startled,
but-denied the allegation.
Questions were interjected at odd
points of the inquisition to bring out
the details of the old feud between
Johnson and Comiskey. Attorney
Ahorn startled the court at one stage
of the examination by asking the wit?
ness point blank if a part of bis con?
tract with the State's Attorney's office
for bi3 testimony in the case had not
included an agreement whereby Maharg
was to sue Comiskey for the $10,000
Thirty hours had the
jury been out?11 stood
for conviction yet one
votes persistently for ac?
quittal ? who was this
stubborn, mysterious
twelfth juror and why did
he persist despite the
evidence?see the thrill?
ing romantic mystery
drama
Beginning Sunday
BROADWAY ar*47fh STREET
DIRECTION JOS PLUNKETT
NEW YORK'S "LEADING THEATRES
NEW AMSTERDAM. XV. 42 Ht. Eves. 8;18.
COOLEST SPOT IN NEW YORK;
HATS WED.4SAT 5<XW*230 ?i&?
A NATIONAL TRIUMPH
zk-ckld hit
LE?N?&R01*?
SALLY
?^GLOBi THEATRE
A NATIONAL INSTITUTIO-T
POP. MATS. WED. & SAT.
6E0. Pf|H AN B'y isd St., Mats. Wed. & Sat. *0
M. UUIlHIl EveSi 8:i5> J3E3T SEATS $?
FULL OF BRKEZE AND LAUGHTER!
A. L.ERL ANGER'S
MUS1CAJ, COMEDY
GIRLS IN BLUE
TWO LITTLE
'UBE-KTYPOKMATTOBW
WORLDS GREATEST SHOV
PART W' *mh st-* Eves- 8:15* Best SeaU $2.50.
?Uni ,m) FROLICKING FRIARS
^r ALL STAR JAMBOREE *
63D ST. MUSIC IL\LL."bet. B'y & C P W
SHUFFLE ALONG jJs&Fhu.
With Miller and levies, Sisslo and Illake.
GAIETY, B'way & 46 St., Mat. Wed. & 8a?.
KJ.AW Tl?ea.. 45 St W. 6f B'y Urj. 67BT.
A ?^RANCINB ''''es. 8:20. Mats. Wed. & Sat
UrRIM0K-"NI(E kopier
T G W N HA L L ?Kl>- ?^m
.? . 01 B'WAY.
Ail American Film Co. offer?:
"TheSp?r?to?'76"
TWICE DAILY: MAT. 2:10?EVE. 8:10
S*nts 50o to S I.pp. no higher. Loges. $1.50.
0APITOL
"Th* Journey'? End"
JULIA GLASS (Pianist)
B'way at 61 St. Capitol Grand Orchestra
tMd VVM ?_ I Norma Talmadge
I n? ny "?nie Sien ob the Door."
B'way. 4Tth St. I Strand Symphony Orchestra
__i^-_ KITTY GORDON _ COa
JACK WILSON & CO.
DOLLY KAY'.
ON A M IN SON & CO.
Ollis.- Harry Watson.Jr.
CT A T\ 1 ? T M Amsterdam Ave. a I3?h St.
? 1 Ail Him HENRY' HADLEY
CONCJ5BT CONDICTING
TO-NIGHT! BERTHE ERZA
? AT 8:30 i SOPRANO
T>ri?w? ?r??r.(V?SI.00. Tt'l. Cirri* 21 SO.
SRU S S I A N
YMPHONY
ORCHESTRA?POPVLAR TRICES
MODH1ST ALTSCHULBR, Conductor.
bbg?nninq SATURDAY, JULY 23
Soloist: Mme. MARIA WINBTUKAJA
STARLIGHT AMU^KENT
East 177th St. Bronx Subway Station,
__? ;?va*?? TKE FUNNy fuCE
t posted for the conviction of the mor
involved in "the scandal.
| Hums smiled uni answered, "No."
Details New York Meeting
Tlio examination whirh developed
i tl?i? episode in New York wan con
; ducted hy Ansintnnt State*. Attorney
ducted by Assistant Slate's .Attorney
(?ovmun, and follows:
Q.? Mr. Barns, I am rroins to ciues
i tion you concerning certain mecfcln>ri
i you attended ut the Hotel Ansonin in
New York a few weeks before 110
world's series. You are to name only
the persons actually present at the
; conferences. Under no circumstances
will you repeat the names of other p?r
! sons whoso names mny have been men
I tioncd. When did you meet Cicotte
in New York prior to the world's so
; ries of 1919 7 A. On September |fi,
Q.-Whnt did he say? A. He said
: that the Sox would win the pennant
| and that he had something good for
. me.
Q?Did he till you what that some
i thing Rood was? A.?No.
Q. -When did you next meet him'.'
I A. On the 18th.
I Q.?Who was present? A. Cicotte
j and Candil.
Q.?Was anything said? A. Candil
said: "If 1 could ?ret $100,000 I would
throw trie, world's aeries.
Q. Who else was present? A.-Ma
harg.
Q.?What did you say? A.?I said
I would see what I could do.
Q.?How soon after that conversa?
tion did you meet Arnold Rothstein?
A.- About a week.
Q.- -After that talk whom did you
first meet? A.?Attel, Bennett and
Chase.
Q.?Where was this meeting? A.?
At the Ansonia Hotel.
Q.?Who else was present at that
time? A.?Jean Dubuc and Fred Toney.
Q.-?What did Attel say? A.?He
asked me to go to Cincinnati to see the
players. Bennett also wanted to sec
what lind of a deal he could mako
? with them. I told him I would go and
see.
j Q.?Did Bennett say anything about
I whom he represented? A.?Yes, he
said he represented Rothstein and was
handling the money for him.
Q.?Was anything else said? A.?I
[ asked Attel how it was that he had
j been sble to get Rothslein in when I
had tailed.
Q.?-What did he say? A.?He said
'. he had once saved RtYhstein's life, and
that the gambler was under obligations
to him.
Childless Marriages '
x I^eail to Divorce Court'
British Rccorcb Show No Off?
spring ?n <U) Per Gent
of Cages
London, July l my Mall). Child
loss marriages figurad 'n more than
i to per cent of Britten* divorce suite
; in 1919, according to The London Daily
; Mail. The statistics, given In n Whit,?'
? Paper 'issued yesterday, show that in
;.M par cont of the suits the marriages
: had lasted for less than five years. Ap
i projOmatcly this r;roiip would include
nil the marriages contracted during
? the war which gave rise t.o procedings.
i 34 per cent, of the marriages had
! la tted for five to ten years ;md 42
I per cent over ten years.
Twenty-one per cent of the parties
TT) IGHT on the Great
-??^ South Bay, among
refined folks, in a model
village so cool and at?
tractive that you won't
believe without seeing?
developers must sell few
remaining choice home
sites at 50 per cent, re?
duction. Wide range
of locations and prices.
Don't argue?don't in?
fer?call, write or phone
quick!
T. B. & H. W. ACKERSON
Sales Agent?
Brightwaters, Long Island
or te Court St.. Brooklyn
I were under age at the date of the
marriage,
Divorce suits increased from '1,287
in 1918 to 5,VB.*i in 1919.
The predominant cause?, of this re?
markable Increase vn< stated to be
Hi? abnormal and disturbed bocial con
f?lii.n? during the war. The increase,
however, would have boon much smaller
? but for the facilities for taking pro
i ceding* provided by the Supreme Court
'(Poor Persons) Rules, 1914. These'
! rules enable persons without means to
become partie? to preceding? in the
Supreme Court without payment of
fees or costs.
There has been an enormous falling
Off in the procedings in county courts
during the past *ix years. The figures,
foi procedings begun, exclusive of ac?
tions remitted from the High <'"??rt.
for the years 1913 to 1919, were
1,255,5.12, 1,073,417, l.fKJO.RH, 709,047,
009,526, 438,182 and 444,155 respective?
ly.
In the abnormal circumstances of
the last few years imprisonment t
debt has almost ceased. The nuirS?**
of debtors irnprisorici jn each f|
from 1913 to 1919 were 5,743 il"
1,543. I fini1,661. 296 and 207 ..???g
)y. end of the. last nunber only i?
dcrved the full terms of imprison^,??
Borax Deposit Discovered
What is reported to be the lar??
known deposit of borax in the *?,[?
has recently been discovered jn _H
County, Nev. ?n
ISS
mnaaawn
?^i
39? & BROADWAY
**-**
&>
For To-day (Friday)
qA? Our $50 iMen's & Young Men's
^Npiv cBgduced To
The Suits are absolutely unequalled at the price
The price is absolutely unequalled for the suits
Note to Physicians
Complying with the National Food
and Drugs Act? it is stated on the
label that ALCORUB contains 70%
Alcohol, conforming to the require?
ments of U. S. Pharmacopoeia IX.
**?and be sure to give
her an Alcorub bath
ror
?clf__C
Everyday
ALCORUB Uses
Use ALCORUB for every exter?
nal purpose for which "grain"
alcohol was formerly used.
For
Rub-Down,
Bathing Invalids,
Elderly People,
Athletes,
Babies,
Tired, Aching Feet,
Sore Muscles,
Prickly Heat,
Mosquito Bites.
Removes Perspiration Odors.
Shaving,
Bathing,
Exercising.
LCORUB is the same pure alcohol you used to buy for
bathing and massage, made absolutely unfit for
internal use, but with no poisonous, irritating
additions.
It bas all tbe antiseptic and other properties of alcohol,
and its components have been chosen because of their
, recognized beneficial, invigorating and refreshing action
when applied to the skin.
SINCE PROHIBITION, until ALCORUB was perfected,
alcohol for bathing and massage has been mixed with poison?
ous substances such as Wood Alcohol, Formaldehyde, Car?
bolic Acid, Bichloride of Mercury, and therefore, has a big
red poison label on every bottle.
ALCORUB has changed this.
It is no longer necessary to buy poisoned alcohol.
Buy ALCORUB
There is no "red tape" or prescription necessary in buying
ALCORUB. It is bought and sold like any other standard
article.
ALCORUB comes to you in a sealed pint bottle, direct
from our Laboratories. Buy a botde today from your drug?
gist, and again experience the refreshing sensation of a safe
alcohol rub.
Non-Slip
Bottle
with the
Handy
Stopper
Only One Size, 1 Pint for $1.00, at Drug Stores
U?. S* Industrial Alcohol Co,
Largest Producer in the World
NEW YORK CHICAGO PHILADELPHIA BOSTON CLEVELAND ST. LOUIS
NEW ORLEANS PITTSBURGH DETROIT CINCINNATI ST. PAUL KANSAS CITY BUFFALO

xml | txt