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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, August 11, 1921, Image 4

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Small's Demand
For Change of
Venue Granted
Illinois Governor Will Not
Face Sangamoii Jury
in Embezzlement Trial;
'?? To Resume Tour To-day
Assails Sullivan Faction
Says Proceedings Must Re?
veal Truth; Writ o?
Habeas Corpus Debated
Special Dispatch to Tho Tribune
. SPRINGl-y.-XD, 11!.. Aug. 10.?State'?
?Attorney C. Fred Mortimer to-day of- \
fered to agree to the desire of Gov- j
arnor Small and his advisers for a :
.f.i:ange of venue from Sangamon Co tin
for tho trial of the Governor on
?charges of embezzlement.
The accession of the State's Attor?
ney came after the submission to ar?
rest of the Governor last night and
acceptance of $00,000 tionds to insure
his appearance in court. The Governor
.?-id not indicate whether he would ac
pept Mortimer's suggestion.
Governor Small went to his office at
r,-e Capitol this morning, where legal
hdvisers and political allies awaited
}":m for a conference. Shortly after his
arrival he announced that he would
?Jrosumc hig road inspection trip to?
ri or row rind that he would participate
,%n the opening of the Illinois section
cf the Dixie Highway on Friday.
;;; Governor Small issued a formal
statement in which he assailed thi
; Sullivan faction of his party and c r
tain Chicago newspapers as responsible
.,for the present action against him.
After reiterating his reasons for hold?
ing himself not subject to arrest, the
?Governor mentions "next proceedings."
"Proceedings thus far have been
"founded on untruth. The next pro?
ceedings must reveal tho truth," the
"Governor says in his statement.
Reports were persistent that the
Governor's legal advisers were debat?
ing the possibility of obtaining a writ
of habeas corpus from a judge known
to be favorable to the Governor's Con?
vention that he is immune from arrest
because of his executive position.
Charges False Indictment
The Governor's statement in part
"follows:
"To the corrupt ring dominating San
?prtrnon County, justice is political black?
mail.
'..? "The Governor of Illinois has been
j!falsely indicted and falsely arrested
.?through the machinations of a gang
?holding' in utter disregard the consti?
tution and laws of this state.
??? "Our Federal Constitution guaranties
? to every state in the Union a republi?
can form of government. A republi?
can form of government provides for
; the inviolable separation of the legis?
lative, executive and judicial branches.
... "Represent;ng as I do the supreme
executive authority of this great com
..monwealth vested in me by the Consti?
tution through the people, I have ot no '
..time inruded upon the functions of
? other branches of the government
clothed in like manner with authority.
'. "I have through lawful procedure
protected the executive power accord
; ing to my oath of office and with due
respect to the courts, and have availed
'?"myself of competent legal advice in so
doing.
"Contrary to the accepted principles
"of our government and at the behest
of corrupt conspirators, the authority
"of the people has been prostituted to
...the purposes of a lawless ring.
Never Evaded Arrest
"In condemnation of the falsehoods
printed against me, I desire to say I
? navo never evaded arrest upon the
frame-up charges in my indictment in
'. the many counties of this state which
I have since visited. I have gone
about this state freely in performance
of my duties subject to apprehension
by any sheriff or other officer in any
one of such counties.
"In the interest of the public wel?
fare, upon advice of my counsel, I
have preserved th?i rights of the execu?
tive branch under unlawful arrest and
I have given bend under protest.
"In view of the great issue of public
policy involved in this discreditable
and unprecedented proceeding the facts
? in the controversy must be brou?ht to
;, light without delay. My innocence is
known to me. I assert it with all the
? positiveness of an unblemised record
and a clear and honest consci?'nce. The
people all over this state must know
it
"Daylight must be admitted to the
?corrupt channels through which this
conspiracy has flown. All the ramifi?
cations of protected vice and crime
supplementary to my prosecution must
be exhibited to the public view."
Gunson on Trial Before
Leach, Daly and Simon
Police Deputies Hear Charges
That Disorderly Houses Paid
Him for Protection
Aequitted in General Sessions last
? week John T. Gunson, formerly a plain
*Jothes officer on Inspector Dominick
. .?enry'* vt-rp squad, was placed on trial
yesterday before .lohn A. Leach, First
;:JDeputy Police Commissioner; John
Daly, Second Deputy Commissioner,
and Carleton Simon, head of the nar
: cotic squad, in the trial room at Po?
lice Headquarters. Not in a long time
..have three deputy commissioners sat
at the trial of a suspended officer.
. Gunson is charged with having ac?
cepted money for protecting disorder?
ly houses in June, 117, while on duty
in Inspector Henry's district. Last
Thursday, in instructing the jury in
-General Sessions to acquit Gunson of
' charges brought ?gamut him by Re
b'-cca. Melyado, known also as Billie
Howard, Judge Rosalsky said that
' there was enough fire and smoke in the
case for the Police Commissioner to
take action.
Rebecca Melyado again appeared on
'the stand yesterday against Gunson.
'She was the first witness and Eugene.
F. McGee, or?f49 Broadway, repre?
sented the defendant. Rose Gonzoles,
?or "Spani ;. Rose," also was present.
' Miss Melyado repeated the same story
that she told in the previous trial, al?
leging that she gave Gunson $50 with
which to buy a suit of clothes and that
she often had given him money to pay
for their meals In Broadway r<*stau
Vants. After ?he had testified that
Cursor, had ?advised 'rwr to forfeit $500
.';. fixed when she was arre-ted in
.-March. 1019, Commissioner Leach de*
ciared the hearing adjourned until 3
//clock next Wednesday afternoon.
Woman Severely Hurt When
Trapped by Subway Door
Mrs. Theresa Pik'<\ thirty-two years
e\?, of 233 Ka?t 127th Street, K<-frer*-d
internal h j -r?en when she was caught
),y a subway door while boarding a
Lexington Avenue southbound train at
125th Street yesterday afternoon and
v/a? removed to Bellevua Hospital.
Mr?. Pike told the police ihat she
? ??was not able to fr?-e herself from b*
??.veen the door ''nd the aid?, of the
<:.r anl .' the trian reached Kighty
sixth Street. Then, che said she w;?s to
badly hurt that che could not leave
t'fus train. Shi fainted In the Grand
Central subway stauen.
'UeuteHamon'in Hospital Again;
Puzzle
Tliis Time a Brklg*
The young man who pained notoriety
and sympathy at the North Hudson
Hospital, In Weehawken, recently as
Lieutenant George Hamon, a relative
of the Oklahoma politician Jake
Hamon, has turned up at a hospital in
Bridgeport, Conn., according to infor?
mation received yesterday hy the Wee?
hawken police.
They have asked the Bridgeport au?
thorities for further details, warning
them that the young man who received
such solicitous care at the hospital
was identified hy the New York police
as George Weiss, who was doing time
in prison ?bout the time that "Lieu?
tenant George Hamon" was being shell
shocked in ?'rance.
Shell shock was supposed to have
been the cause of the young man's
trouble when he was found wandering
in the Weehawken ferry house July
It? clad in an army lieutenant's uniform
and tagged with the Identification
marks of a military hospital in France.
it was thought that the thunder
crashes during a sharp shower that
had visited Weehawken the preceding
day had caused a recurrence of his af?
fliction. He was unable at first, ap?
parently to tell who he was or why >e
was in Weehawken. His case, .was
diagnosed as hysterical amnesia and
the most careful attention was lavished
upon him.
Under the ministrations of the phy?
sicians and nurses at the North Hud?
son Hospital, he recovered sufficiently
to 'remember that he was George
Hamon and give the impression that
he was of the Oklahoma Hamon fam?
ily. He. remembered also fighting in
France and taking part in an offensive
September 25, 1 fJ1S.
That, he said, was the last he could
remember, and if he didn't manage to
recall the rest pretty soon he was going
?back to France to see if the environ?
ment would not help him. He gave the
hospital authorities to understand that
he had notified his father, "a wealthy
oil man in Oklahoma," of his plight
and that his father was on the way
to Weehawken.
On the day that the oil man was to
arrive the tragic young figure of Lieu?
tenant George Hamon faded out of the
picture. He was not to be found any?
where about the hospital, where he had
the freedom of the grounds. The
wealthy oil man from Oklahoma never
showed up. The Bertillon measure?
ments of Georgo Weiss did, though,
and doctors and nurse3 agreed that
their patient must have been Weiss.
There is an unpaid bill of $75 at the
North Hudson Hospital for services
rendered to "Lieutenant George Ha?
ni on."
Gibson's Dog Raille for
Soldiers Is Investigated
?Broadwayite Explains He Raised
Cash for Delivery to Woman
and He is Sent to Find Her
District Attorney Swann interro?
gated William H. Gibson yesterday
concerning affairs of the National
League for Disabled and Crippled ?Sol?
diers.
The examination of Gibson, who is
said to be known as Billy Gibson at
public dancing places along Broadway,
was made at the request of Mrs. Wen?
dell Phillips. She was at Smallwood
Lodsre, the home of Joseph Smallwood,
at Glen Head, L. I., Saturday night,
and said she heard him asking for
money for the soldiers at Fox Hills
Hospital and raffling off a dog for
their benefit, obtaining more than 100.
She learned, she said, that Mr.
Smallwood had been told that the Na?
tional League for Disabled and Crip?
pled Soldiers was raising money to
make good a deficit of 1.800 carried by
the hospital.
Gibson denied malting statements
attributed to him, saying he did not
know just what way the league con
t-ihuted to the welfare of disabled
soldiers, that he merely raised money
and turned it over to Mrs. O. H. P.
Hoyt, chairman and treasurer. He
thought Mrs. Hoyt was at the Wal?
dorf-Astoria, but was unr.ble to find
her there. At the request of the Dis?
trict Attorney he went to look for ,
her.
-?-_?.
Two West Point Classes Plan
To Hike 200 Miles in 10 Days
WEST POINT, N. Y., Aug. 10.? j
Cadets of the first and third classes
of the United States Military Academy
will start next Wednesday on a ten- i
day hike of two hundred miles.
The two classes, numbering four
hundred cadets, will leave Camp Dix,
at Wrightstown, N. J., in charge of
Colonel Danforth, cadet commandant,
and start back for West Point. They
expect to cover twenty-five miles a day,
v/ith full marching equipment.
Traffic Law Arrest No. 9
Jails Broker for 15 Days
Prison Seems Only Le?=son,
Says Magistrate to Culprit
Who Threatened Policeman
Daniel Lieberman, a wool broker,
twenty-four years old, 104!) Grand
Concourse, the Bronx, was sentenced
to fifteen days in jail yesterday as an
old offender for exceeding the traffic
speed limit on Fifth Avenue. The sen?
tence was imposed by Magistrate Fred?
erick B. House in Traffic Court.
Probation Officer William J. Moel
roy reported to the magistrate that
Lieberman had been arrested at least
nine times for speeding and other vio?
lations of the highway laws.
Lieberman was arrested en July 7
at 4:30 o'clock in the morning. Ho
was arraigned before Magistrate House
charged with running his car at thirty
four miles an hour between 100th and
103d streets. The magistrate paroled
him under suspended sentence and or?
dered that his record be investigated.
When taken into custody Lieberman
threatened to have the traffic police?
man "broke," it was testified yester?
day, lie denied he was speeding, de?
claring that he had had his speedom?
eter tested the previous day.
"You are a persistent violator of the
laws," Magistrate House said, "and it
appears that the only way you can be
made to understand them is to be sent
to prison."
Ten Injured as Trolley
Cars Collide in Bronx
Ten persons were injured in a trolley
smash-up in the Bronx yesterday
morning, two seriously enough to go
to the. hospital. The accident happened
when a pay-as-you-enter car struck an
open car on Westchester Avenue, near
Evergreen Avenue.
All of the injured were on the open
car. The two who required the atten?
tion of an ambulance were Joseph
Mot?la, of 180 Lincoln Avenue, and
Herman Dietricksen, of 1303 Leland
Avenue. Metola had several cuts about
the head. Dietricksen had his legs
injured. '
aummmmmmummnmmm?mmt?miEmmmM*Mam*ammim
Used and Rebuilt
Automobiles
for sale by new car dealers
will be found in To-morrow's
New York "Tribune.
These special announcements appear
every Monday?Wednesday?Friday
1.?"?.TTinwrmirimr^?.?mm??M*mmmm?BE3
8 Days Ashore
And ?o Grog,He ;
Swigs Perfume;
Survivor of Many Voyages
Finds Violet Extract So
Soothing He Walks From
Store Carrying 2 Bottles1
Girl Causes His Arrest
Col. D. L. Porter, 20 Years
in Federal Service, Quits
as Internal Revenue Aid
Sam Stanton, seventy-eight years old
and for sixty years a sailor, was Kit
yesterday by prohibition harder than a
sixty-mile gale ever affected him. D?;
toctive Henry Fishborn, of the Mercer
Street police station, towed Stanton
into the jail house on a charge of
stealing two largo bottles of violet
perfume from the John Wannmaker
store. The old sailor had a flagon of
perfume under each arm and some, of it
under his belt, and was singing:
"For 'twas forty-seven bells by the
Waterbury watch."
It was a stirring ditty and one
sparkling with the swish and swash
j of the foaming sea, but the detective
| ha?l a duty to perform and did it. No
i resistance was offered by Sam when he
?was steered into the police slip and
| made fast.
It is true of most sea yarns that a
beautiful woman figures somewhere in
?the story. The heroine in this case is
1 Miss Lena Fortnay, a special detective
for the Wanamaker company. She says
she saw Sam enter the store and cruise
? about a bit. Then the big bottles of
perfume caught his eye. He stood by
: for a few minutes, and then tacked up
?to the counter and stowed a bottle un
I der each arm, she charges. He then
j started out with all sails set. Miss
, Fortnay followed him.
His Cargo Easy to Trace
? Detective Fishborn had been sum
? moned and took up the chase. On a
signal from Miss Fortnay ho put Stan
i ton under arrest. Stanton had sam
; pled the perfume and was aromatically
: happy. He gave forth a stimulating
fragrance as well as a lively burst of
j song.
Stanton was arraigned before Magis
j trate Edgar V. Frothingham. The tar,
! who stands six feet, live inches, and is
i the picture of health, admitted taking
; the, bottles from the store. He said he,
! wanted a drink, and the perfume
! tempted him.
"I am used to my grog," he told the
court, ''and at my age 1 feel the need
of a little stimulant. I have been
ashore eight days and during that time
I have tried many saloons, but none
would sell me anything. Then when
I was a-seein' the sights and the per?
fumery stood there staring me in the
face, I thought it would be a good sub?
stitute for liquor."
The court heid Sam in $300 bail for
Special Sessions.
Colonel Porter Quits as Agent
Colonel Daniel L. Porter, supervising
internal revenue agent for the New
York division, who has been twenty
years in government service, announced
his resignation yesterday, to take ef?
fect August 31. His resignation has
been accepted by D. H. Blair, Commis?
sioner of Internal Revenue. No suc?
cessor has been named. Colonel Porter
will enter business.
Colonel Porter ha3 served the gov?
ernment, in various capacities. He was
assigned to the position he hoid? in
March, If 10, following his discharge
from the army.
While supervising agent he organ?
ised a non-resident alien delinquent
tax department, which is credited with
having stopped a leakage of tax and
recovering $25,000,000. Through the
department aliens have been required
to obtain sailing permits before leav?
ing this country, and through investi?
gations made when the permits were
sought persons who had no income tax
receipt were apprehended and made to
disgorge. The plan was adopted at all
ports.
NEW HAVEN, Conn., Aug. 10.?The
trial of sixteen! men arrested at Light?
house Point on July 23 in connection
with the landing of 3130 cases of whisky
irom the fishing sloop Jennie T. was
continued until Wednesday by Judge
Booth in City Court to-day. It had
been expected that the cases would be
concluded to-day. Benjamin Slade,
counsel for the defense, objected to
the admission of ownership records of
automobiles alleged to have been
loaded with liquor on the ground that
the police warrant made no mention of
automobiles in the case.
o
Two More Arrests Made
In Mail Swindle Case
Frederick R. A. Stiefel, manager of
the Constitution Bureau, of the New
York Credit Association, yesterday af?
ternoon announced two more arrests
in connection with the nation-wide mail
fraud swindling case. Five prisoners
were taken on Tueday.
The men arrested yesterday are Will?
iam J. Zuckerman, of Arvene, L. I., and
Jacob Levinstein, of 1341 Fifth Avenue,
Manhattan. They were taken into cus?
tody, by Postofficc Inspector Nathan
Noile and Agent Walter Schenk, of the
Credit Men's Association.
According to Mr. Stiefel, Zuckerman,
in connection with the mail fraud, op?
erated the Fitwell Garment Company,
at St. Louis, and the National Jobbing
House, in Chicago. Arraigned before
United States Commissioner Samuel M.
Hitchcock, Zuckerman was held in
$2.5,000 bail for a hearing on August 22.
Levinstein was released on his own
recognizance, with the understanding
that he would be present on the day
of the hearing.
Several other arrests are expected
soon.
The Associated Dress Industries of
America announced yesterday that
Zuckerman was not a member of that
organization, but they had been trying
for two months to locate him.
3 Policemen Die !
In Fight to Save
$8,500 Pay Roll
Memphis Bandits Driven Off
by Bullets; Officer Taken
for Robber Killed as Car
Speeds After Fugitives
Posses Search 6 Counties
5 Wounded in Firing of Vol?
leys Following Attempt
to Get Ford Plant Cash
MEMPHIS, Tenn., Aug. 10.?Police
and Sheriff's deputies of half a dozen
Mississippi, Arkansas and Tennessee
counties were searching to-night for
members of a band whose unsuccessful
attempt to-day to rob an employee of
the Ford Motor Company of pay rool
funds amounting to $8,500 resulted in
the death of three policemen and the
wounding of five other men.
The hold-up took place at the en?
trance to the assembling plant of the
company, in a busy industrial section,
soon before noon. Those killed were
Vincent Lucarini, a police lieutenant;
Howard L. Gamble, an employee of the
Ford company, deputized as a special
officer, and Polk A. Carraway, a patrol?
man.
Carraway and Gamble, who were
guarding Edward McHenry, the clerk
in charge of the money, while return?
ing in an automobile from a bank, were
I shot to death when four masked men,
armed with pistols and shotguns, drove
alongside and demanded the cash. Mc?
Henry stumbled as he jumped from
the car and escaped a volley of shots
while Gamble and Carraway were
I struck by bullets and fatally wounded
Regaining his feet, McHenry darted
into an entrance of the plant and
I reached the company's offices ?r
j safety, with the money intact.
W. E. Harris, onther policeman, was
| wounded, but not seriously. As Mc
! Henry passed into the company's planl
! the robbers jumped into their auto
| mobile and escaped.
Lieutenant Lucarini was fatal!;
? wounded when a posse at Colliervilla
? a suburb, fired on a police car, mis
taking it for the automobile in whicr
| the bandits were reported en route t<
'? that town. Both the bandits' car am:
the police automobile were of the sam?
make, and, according to members o
the posse, the latter failed to obey :
command to stop.
Joseph Robilio, Edward L. Heckinge
and C. L. Bonds, the latter a policeman
who were riding in the police car, als
I were wounded. Heckinger'3 head wa
injured by a bullet. He was reporte?
to be in a critical condition. Robili<
received a charge from a shotgun it
his shoulders and forearm, as well a
a scalp wound.
?? ' "
ROLLS-ROYCE
The Three-Year Guarantee of
the Rolls-Royce not only pro?
tects the owner, but suggests \
to every one the ruggedness
of the Car that makes such a
liberal Guarantee possible.
3L ? ~J
785 Fifth Avenue, New York
^nrks, Springfield- Mai?. 'Ritt-Otr?ton, Atlantic City
Police Charged With
Violating Court Order
Charges that policemen had defied a j
temporary injunction granted by Jus?
tice Martin, of the Supreme Court, re?
straining the police department from
keeping a policeman on the premises
of Louis Federici, a restaurant ownerf
of 2160 Fifth Avenue, and had searched
his place without a warrant and ar?
rested him, were made yesterday by
Leu:s A. Cuvillier, an attorney, in a let?
ter to Mayor Hylan.
"I respectfully desire to call your
attention to the high-handed methods
of the police department in defying not
only the law, but in absolutely ignor?
ing tho opinion of the corporation
counsel as to search and seizure of
persons and places for violation of the
Mullan-Gage Law, without warrant
from a court of competent jurisdic?
tion," the letter read in part:
"The Police Department, in their
Russianized methods, adopted by Com?
missioner Enright in the enforcement
of this law, have gone so far as to defy
the mandates of the Supreme Court of
tiie State of New York. I call your at?
tention to the eontemptious and inso?
lent conduct of Marvin P. Murphy, of
the Fifth Inspection District, in ar?
resting one Louis Federici, on the 8th
instant. . . .
"Commissioner Enright, in his high?
handed methods of conducting the
Pclice Department for the benefit of
his favorites in the department, has
absolutely demoralized it, and he is not
tit to be Police Commissioner.
He always takes sides with the police
agnin.st citizens, and he has done more
than all the other commissioners you
have appointed to bring your admini?.
tration mto disrepute, and cause critl?
cism to be heaped upon you by the citl.
zens of New York."
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