New-York tribune. [volume], December 28, 1921, Image 5

About New-York tribune. [volume] (New York [N.Y.]) 1866-1924

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Bailing Laws
partly Blamed
for Crime Wave
?ycf Magistrate McAdoo
\Uo Says Pistols Use?! in
?Vew York Arc Obtained
Too Easily in New Jersey
Legal Remedies Asked
inserts Suspended Sentence
Has to Do With Much
Disrespect for Statutes
Loose bailing laws in this state and
'he lack of ? rigid law in New Jersey
rtivcrning the possession of firearms
?en' declared yesterday by Chief Mag?
nate William McAdOO to bo partly
p.jronstMe for the present city-wide
crime wave.
In a statement issued at his cham?
ps. 300 Mulberry Street. Magistrate
McAdoo charged that crooks with long
-peer?s are escorted to the courts by
ic?nts of bonding companies who
i thout hesitation bond them any?
where from SI to $100,000, and at
orce."
One of his conclusions was that the
crime wave in New York will continue
"until New Jersey passes something
similar to the so-called Sullivan law,
Most of these revolvers are bought on
?he Jersey side of the river. Next to
that. I h?vi' 'onK argued for a Fed. ral
tax on the manufacturers of pistols
and cartridges which would make their
production almost prohibitive. The
pistol is one of the greatest evils in
America. "
Asks Uemcdying Law
High bai;. h? said, will not remedy
?.ne -corporation bonding evil," and he
urged the adoption of the bill he drew
up last year, bul which failed of pas?
aje ir, the Legislature, which pro?
vides:
-1 The magistrate t* have the right
to examine under oath any proposed
?ondsman as to the indemnity depos?
ited, fee charged, etc.
'??_>. Persons engaged in giving bonds
U be licensed.
"3. Employees of corporations en?
raging in such business to be licensed
certified, statements of names of
ilh'such person ? authorized to do such
to be *'!ed with ihe Districl
Attorney of each county, the chief
i -v magistrate . n i cierl of Supreme
i and Courts of tic;i
al Sess
'!. No pcrsoi to be licensed to give
? . e has satisfied the authori
as to his good character.
.'.. Compensation for giving bonds
' 10 he greater than 3 per cent of
-. ??? b - nds."
"The bill.'' explained the magistrate,
.i- reported once or twice favorably
the Senate committee, bul failed,
on il ? iierits, but becau ? ?? of ci
- o ' oi the pai i of its
T - >c?!- ? am cncoui i?
:. rci ntrod ct .on its
... [j be b ' ' ".'. ( ??'?"
.: by tiie pre -:..
? Propi > " ? ade ' the coni
?- ; ' re o is bil tu agree
? :- fendants of a
tin ty| ? ? bail
d also I i ould ai \\ us to
i] get ppvovi of the
?? t.-. before I ioned.
"ionif of ' le public-spirit :tl bonding
companies have goi e oui of th busi?
es?, hui companic have taken
?ir pia ' find 1 he evil i aga in with
?, Attei ipt to bege! ?? ;ubs tantial
? ? ? ? pa ni es has
;?.i!ed."
Favors High Bail
idf nt law, according to
.-.?'. rat? McAdon. ?'! he i lapis : rate
?>* tli" rig for? i e > : ba i i to
bear everything dial can be s.,i,l about
the character ol the defendant. He is
ntitled to ;".>'. al the police n cord
Phis rub- is laid down by the Appel?
le Di' the Supreme Court.
hje or ? r magistrates hi fel
cases commit these fellows with
? ??? bail and leave that responsibility
other courts. Personally I think
? : rangi . rom $25,000 to*$50,000 is
; one too high."
Magistrate McA< d that it i
mistake to confuse "suspended se??
en? wit Ii probation." "In these
"in" ." ? ?- iid, "when ?? can only
convict for minor offense, we put great ?
numbers of people on probation with
excellent results, A probationer has i
to report at stated intervals to the
probation officer, who ia at once guard?
ian, counselor and friend.
"In the magistrates' courts no one is
pul on probation until a thorough ex?
amination of his case and his charactur
haa been made and :i report in writing
from a probation officer given to the
magistrate before sentence.
"When a probationer breaks the
terms of bis probation he is at once
arrested. He cannot be discharged
from probation until he has gone be?
f?lo tin- probation court. There is not
sufficient overlook in thi- case of a per?
son under suspended sentence,
"The only trouble with our probation
system ia that we have not sufficient
officers, because these people must be
overlooked in their daily lives con?
stantly, and this is not done with those
on whom sentence has been suspended,
The gulf between probation and sus?
pended sentence is immeasurable.
"At one time there was an attempt
made to beget in this city a centralized
probation system for all criminal
courts, high and low, but it fill
through.
Kanton Dissents
District Attorney elect. Joab 11. Ran
ton expressed disapproval last night of
the proposal to license bondsmen, lle
said :
"Such a system would do away with
the very thing we want, responsible
bondsmen providing bail for friends in
trouble. The remedy for bond abuses
will be found in the return to normal
conditions now rapidly being accom?
plished.
"We have had h quieter time in this
office during the few weeks preceding
Christmas than we have had in any
similar period in recent years. The
causo of increased criminal activity
during Christmas season is that crim?
inals know there is more money in cir?
culation and there is greater oppor?
tunity.
'"High bail is not the answer to crime
prevention. It will not prevent crime.
Moreover, Federal and state constitu?
tions prohibit excessive bail."
Coolidgc to Dine Pages
M ill (?i\c Them Holiday Feast
at Capitol To-day
.' ? Hie Tribune's Washington Bureau
WASHINGTON, Dec. 27. ? Senate
pages were in a state of pleasant an?
ticipation to-day because of the fact
they wore getting ready for the Christ?
mas holiday dinner which Vice-Presi?
dent Coolidge will give them at the
Capitol to-morrow.
Vice-President Coolidge in giving the
dinner to the pages will follow a cus?
tom sel by predecessors.
Former Vice-President Marshall kept
up the function for eight years. The
boys make a hi^ stunt of the occasion
and have a suitable program.
The toast to the Vice-President will
be given by Page John W. Palmer,
toastmaster, "What a Page Thinks o'i
a Senate." will be discussed by Eugene
W. Higgins, "Shall the Nations ?>:;
arm?" will be discussed by Richard
Riedell; "Successful ex-Pages" will be
reviewed by Tom Cobb King, and Mel
vin !.. Htirley will tell "Where Our
Salaries Go." "A Pageship Viewed
from the Educational Standpoint.'' will
he discussed by Ingham Mack and
"Sports" by Andrew Bargerson. Sena?
tors Kendrick and Elkins will present
each boy with a gift.
Murder Charge Repudiated
Accuser Say? Persons.. Sen
t?need to Die, Is Innocent
OSSINING, Dec. 27.?Harry Wilson,
an inmate of Auburn Prison, lias signed
tip affidavit, i!. was learned here to?
day, repudiating a statement that aided
i,i tii(- conviction on a charge of mur?
der of Edward Persons, who is sched?
uled '?>> be executed at Sing i'-ing i;: two
weeks.
The affidavit was given to 'J'. George
: an attorney, of Ossining.
L5arnei departed to-day for Jamestown,
where, it is ?aid. more evidence has
Ik on found that will be of aid to Pei
sons, .'dr. Barnes was retained by Miss
Margaret Persons, of Cleveland, who
came here to direct a legal battle to
save the life of her brother.
Wilson pleaded guilty to a man?
slaughter charge in connection with,
the murder of Edward Klingen near
Jamestown. He made a statement at
the time accusing Persons and the pros?
ecution of Persons followed. In the
affidavit he clears Persons completely,
it is said.
Kli iger was shot for purposes of rob?
bery. His body was taken from his au
tomobile, thrown on a haystack and
burned.
The Century
"where men of affairs meet
ONE REASON for the great
popularity of the Twentieth
Century Limitedamong men
of affairs, traveling between
New York and Chicago, is
that they are accustomed to
meet on this train?as they do
on the great Atlantic liners
-?people of distinction from
the four corners of the world.
"Century" Westbound
New York 2.45 p.m.
Chicago 9.45 a.m.
NIWY?RK
^ "Century" Eastbound
Chicago 12.40 p.m.
New York 9.40 a.m.
For Reservations: Telephone Vatiderhilt 3200
NEW YORK CENTRAL
Effort to Bar
Unir rit Wine
.Denied by Drys
Directors of Auli - Saloon
l-ea,uuo Assert They Never
Will Support Law Aimed
to Vorlml (Mil Sacrament
No Attempt at Coercion
Statement Says Popo, if
He Wished," Could Order
Use of Unfermeuted Wine
Declaring that tho Pope could, it' ho
chose, order uso of unfermeuted wine
for sacramental purposes in Roman
Catholic churches and thereby "facili?
tate execution of the policy udoptcd by
the American nation," an official statc
| men! issued yesterday by Iho Anti
Saloon League of New York denied at?
tempt.-, to coerce in Lhe name of prohi?
bition any religious organization.
The stutement, which was adopted ?is
official at a regular meeting of tho
state board of directors of the league,
says:
"We have been informed by Catholic
clergymen that the Pope could-, if ho
wished, make the use of unfermeuted
wine proper in Catholic churches. Our
attenl ion ha." bei n < ailed to the fact
that in the Catholic Church the wine
is not taken by the peopl?, as is i In?
cise in Protestant churches, but by
priests only. If the chui'ches which
use sacramental wine of an intoxica!
iec; nature could sec their way to
adopting someth ig else ii would facil?
itate executio.' the policy adopted by
the nation and help prevent violations
by unprincipled persons, sheltering
themselves behind .1 religious rite.
League's Attitude Unchanged
"The attitude of the Anti-Saloon
League, where use of wine for sacra?
mental purposes is concerned, is the
same thai i: was when the late Arch?
bishop .lohn Ireland agreed thirty years
ago with the late Dr. \. J. Kynctt,
Methodist Episcopal leader, that the
Anti-Saloon League, then in process of
formation, should be launched on a ba?
sis eliminating possibility of disagree
menl on questions of creed or party.
Archbishop Ireland was for many years
one of the national vice-presidents of
1 he An : i Saloon I .< ague, t i ? place he
occupied now being tilled by Father J,
J. Curran, of Wilkes-Barre, Pa.
"The Anti-Saloon League has never
proposed and never will support
legislation which does not make full
and fair provision for obtaining sacra?
mental wine by the accredited repre?
sentative of anj church which uses it
for sacramental purposes, subject only
to ! easonable reg ulal ?on ?.
To Uphold Religious Liberty
"Further, we do not believe that anj
person in authority or charged with
I responsibility for enforcement of pro?
hibition has ever contemplated imposi?
tion of regulations which will inter?
fere with bona lide sacramental use ol
wines. The Anti-Saloon League wil
join with the Roman Catholic Churcl
or any other church in resisting anj
attempt in the name of prohibition tc
impose coercion or interfere with re?
ligious liberty.
William I!. Anderson, State Superin?
tendent of the Anti-Saloon League
said after the directors' meeting, a'
which tho foregoing statement wa?
adopted as official, that a card inde:
in his possession proved a large per
centage of high churchmen of all faithi
tu favor total abstinence. This lis
includes the name of the present Pop<
and from 00 to !!|> per cent of the go\
erning heads of all church?
HARTFORD, Conn.. Dec. ::7. ? Bishoj
Obauncey B. Brewster, of the Kpisco
pal <'hinch, speaking of the reporte?
effort of prohibition officials to tampc
with regulations affecting sacramenta
wine, said the Episcopal Church wouh
combat, such efforts on the score 0
tradition. The Roman Catholic Churcl
will base its opposition on the languagi
L'o the Constitution.
Bosioii Prosecutor on
Trial for Extortion
Testimony lends to Link Offi
rial With $50,000 Obtained
From Hotel Man
BOSTON, Dec. 27. Joseph C. Pelle- j
tier, for twelve years District Attorney ?
of Suffolk County, went 0n trial to-day !
before the Supremo Court on two sets1
of charges upon which Attorney 'leu .
er.?I .1. VVcston Allen seeks hi:; removal :
from oiliee. Thirty-five different alle?
gations of extortion m- attompted ox
lortiou of money or property from
certain persons by threats of prosecu?
tion make up one Bet of charges, and
the others arc based en a speech made
by Pelletier.
A1 to-day's session testimony was
confined to linking Pel etier's name
I with the alleged extortki of $50,000!
in 1910 from Meyer Bermi n, part own?
er of a hotel in the Wcsl End.
Union Agrees
To Arbitrate |
With Builders i
!
(Continur.f fiem paiio one)
the wage scale fro 1923 be based upon1
lint of L922, subject to decrease or in?
crease in the cost of living for the year
! 922 as compared \vii h I '.'i! I.
"(3) Thai the continuance of the
present wage scale and the amount, of;
the wage seal.' for IP23 be made con ;
ditioncd r.e in the wages of $1 a day for!
each member upon the efficiency of i
each union, separately considered, to
be del ermined as follow s :
"Upon (.he complaint of the constitu- I
eut employ er < a soi ?at ion. that is a
?member of the Building '?'rade.; Em?
ployers Association of the inefficiency
i f labor m that particular branch of
tlw industry, there shall he an arbitra?
tion on the question of efficiency or in?
efficiency, consisting of reven arbitra?
tor., three of whom shall be named
by the association making- the com?
plaint, three by the union or union?
against, which the complaint is made.
and the seventh arbitrator, who shall
:^rv\o in ?ill cases of claims of ?neffi- |
ciency, shall be now named by agree- :
meut between the Building Trades Em- ?
ployers' Association and the Building!
Trade Council. If the arbitrators
shall determine that there is ?riefli- I
ciency in that particular branch of in- '
dustry taken as a whole there shall
be a deduction of SI a day from the j
wago scale fixed by the agreement so !
far as concerns the wages of the niem
bcrs of the union against whom such
| award has keen made for the balance
of the verm of the agreement, provided,
however, that the union thus affected
may, after the ?apse of six months
from the date of such award, require
a rehearing on the question of efficiency
based upon the claim of a change of j
conditions. Such rehearing shall bc j
held by the same arbitrator:- and if the
award shall be in favor of the ef?cicncj ?
of the members of the union Un?
original wage scales shall thereupon
: In1 restored,
? Naming of Arbitrators
"In the event of the death, resigna?
tion, removal, or other inability of any
arbitrator to serve, his successor shall
I be appointed by the Employers Asso?
ciation or the union, as the case may
: be, by which he was appointed. In the
event of the death, resignation, re?
moval, or other inability or refusal of
; the seventh arbitrator further to serve,
the ?ix arbitrators may, by a majority
vote, designate his successor.
"This is a rough outline of my plan
ror solving this problem without await?
ing the expiration of the sixty-day pe?
riod, and so as to put an end to the
existing uncertainty and disturbance in
the business world.
? Please let me hear from you prompt?
ly whether this plan appeals to you,
and, if not. what you have to suggest
in its place."
The en!;,' comment which could be
obtained by Mr. Crowley after the j
on ;on acceptance of the plan was that
the policy of "no wage reductions, but j
increases if anything," would be main-I
taincd." lie said the public had more
to fear from the threat of a lock-out
on the part of the employers than from
possible strike plans, of the unions.
(lo il ri Adjourned
To (Ir I lar lo See
l?videnee on Film
Defense in $50,000 Auto
Hamate Case Presents
Moving ?'[?'Jurp to Show
Miss Frye Isn't Crippled
WHITE PLAINS, N. V.. Dec 27.
Supreme Court Justice Addison J.
Young and a jury trying the $60,000
damage suit ot Miss Marie Krye
against. Professor Waltor B, Gage,
headmaster of llackley School for Boys
at Tarrylown, an automobile injury
case, adjourned to a dark cellar under
(he courthouse to-day and looked at
sever.i! hundred feet of motion picture
film introduced by the defense to olfset
Miss Krye's claims.
Miss Erye'a charge is that her pelvic
bone was fractured when she was
knockpd down in November, 1920, by
the automobile of Professor (?age.
Women detectives who say they made
the acquaintance of Miss Krye during
the period since elapsed have testified
that, they have walked and ridden with
her, that, she exhibits no lameness and
has been seen to run up forty steps
without, the slightest evidence of in?
convenience.
Attorney 'I'. .1. O'Neill for the plain?
tiff interposed objections on her be?
half, pointing out tint motion picture
film.; were easily -'faked" and could not
be regarded as trustworthy evidence in
a court of law. Judge Young overruled
the objection.
Efforts to get. an adequate projection
of the pictures in court failed. Judge
Young ordered al! the blinds down and
tin- room darkened as much as possible,
hut. there remained too much light,, so
an adjournment was taken to the cel?
lar, '?''m e |i rmitted to witness the
P'i ' ?re . were t ho iudgc and jury,
counsellors and members of the press.
The pictures were distinct, They
ostensibly showed Miss Frye on August
28 last al Pom- I, North River, where
she had been taken by Lillian Zeldt,
private detective engaged by the de?
fense. The cameraman had been sta?
tioned in advance. When Miss. Krye is
said to have begun her descent of the
stairway leading to a pier from which
Coney Island boats leave, the movie
man began to grind, lie asserts he re
corded every step of Miss Frye's prog
res i.
During the showing of the pictures
Judge Young and the jury displayed
keen interest. It is the first occasion
in the history of Westchester courts
where films have been used in evidence.
\ ladivostok Envoys to Arms
Conference in San Francisco
SAN FRANCISCO. Dec. 27.?V. S.
Kolcsnikoff and Alexander Bodisco,
delegates to the Conference for the
' Limitation of Armament, from the
Whit? government of Vladivostok, ar
; rived to-day on Iho Japanese liner
Tenyo Maru. A third delegate. Joseph
Akulitch, is now in Boston.
Kolesnikoff is Secretary for Foreign
Affairs in the White government and
Rodisco is secretary of the delegation.
Louis Berg Dress Suils, as |f
illustrated, set a new stand- j??
ard in tailoring skill. Priced |;
??.I $140. they also set a ?!
fe standard in economy.
In Grandfather's Day?the Overland
Trail; the Prairie Schooner; weary months
of hardship; fights with the Indians; just
to reach California. Many men now
living remember it.
Now?a jaunt of less than 3 days on the
LOS ANGELES LIMITED. Comfort
all the way.
Thrills and delight3 tool
Look!?from your cozy chair in the observation
car?the same Overland trail, the very places
where the Pioneers, the gold-seekers and the
Mormons toiled, climbed and fought, conquering
the West.
The Great Plains, the gaunt Rockies, colorful
Weber Canyon, Great Salt Lake, Salt Lake City
?you see them all, the real west?the Union
Pacific country?historic, romantic, beautiful.
Go on the LOS ANGELES LIMITED?all
Pullman?synonym for travel-comfort, luxury
and delicious dining car meals; leaves C. & N.W.
Terminal, Chicago, at 8:00 p. m.
The CONTINENTAL LIMITED, another good
train with standard and tourist sleepers, observa?
tion car and diner, leaves C. & N. W. Terminal,
Chicago, at 10:30 a. m.
Our illustrated booklet, "California Calla You" tella
you svhero to go and what to see. Write for your copy.
For information ask?
F. G. Fitr-Patrick, Gen'1 Agent, C. & N. W. Ry..
403 Stewart Bldg., :8o Broadway, New York
Phone Worth 2112
J. B. De Friest, Gen'l Agent, U. P. System,
soo-io Stewart Bldg., 280 Broadway, New York
Phone Worth 1757
Three Held Guilty
For Death of IN i ne
In Theater Tragedv
New Haven Building Inspect?
or, With President und
Manager of Kialto, Found
Criminally Responsible !
NEW ?IAVEN, Conn., Dec 27.?City ;
Building Inspector Joseph E. Austin, ;
Lawrence E. Carroll, manager of the ;
theater, and Alfred S. Black, president, j
of the Connecticut Theaters Corpora
tion, which controlled the theater,
were held criminally responsible for i
the deaths of nine persons in the j
Rialto Theater lire of November 27, in
a finding by Coroner Eli Mix to-day.
The coroner's inquest was based on
the death of Everitt T. Case, which
was taken as typical of all deaths as
an outcome of the lire.
The coroner, after finding Manager i
Carroll and A. S. Black criminally re- j
sponsible, criticizes persons who were
connected with the operation of the
theater and others, and the presenta?
tion of a prologue to a moving picture
film, which prologue, he holds, was
the direct cause of the tire, and finds
them negligent but not criminally re?
sponsible. Burning incense to give
"atmosphere" to the prologue ignited
flimsy stage draperies.
The coroner finds that violation of
the law in the theater included absence
of an asbestos curtain, lack of a water
curtain, an automatic sprinkler, casks
of water on the stage, hose, connections,
lack of fireproof scenery and wood?
work.
Chief of Police Philip T. Smith and
members of his department also are
criticized for having failed to s"e that
the theater was legally licensed and
in having permitted the prologue to be
given.
Coroner Mix says that had Building
Inspector Austin dono his duty in ap?
plying the building code when altera?
tions were being made at the theater in
June, "1 am quite certain that, this
particular fire could and would not
have occurred, for there would not have
been the conditions present that made
it possible."
Percy B. Maxon, general manager of
the Theaters Corporation, John E. C.
Kelly and James Carter, employees,
and Moses A. Coan, the contractor,
who made alterations in the build?
ing, are submitted "to the just criti?
cism of their feMowmen."
Carroll was arrested after the fire
and held on a charge of. violation of
tho law limiting the number o?
?tandees in a theater, and his hearing
is set for Saturday. He is said to i
nave ic t tn< city. Austin vu* ti i to?
day, and was said to be on the point
of physical and nervous breakdown.
pus'i??ss*??^,s?e>.rfe??e*^
SMARTNESS
It is common opinion that the vic?
toria or town coach drawn by a
stylish pair, represented a height
of smartness and dignity scarcely
to be attained in a motor vehicle.
But Brcwster cif Co. have achieved
in the Brcwster motor car an equal
plane of distinction.
BREWSTER er CO.
Fifth Avenue, at Fifty-Sixth Street
Brevstf.r Motor Cars* Lanxhester Chassis
Custom Coach Work
, '^^niTder^Jh?^ncan ??
S
1?
|
5i/ici 1810
49.50
69.50
Present Today?Wednesday
SEQUIN and PAILLETTE
EVENING GOWNS
?made from imported French robes
At 4950 to 9850
O trimming is required on one of these
glittering frocks, except perhaps the au?
dacity of a vivid rose at one side, or the
softness of fold upon fold of tulle, because every
one of the myriad paillettes that go- to fashion
it scintillates in a joyous, jewel-like manner .that
requires no elaboration. Every robe in the col?
lection was imported by us from Paris, and for
that reason, we are able to offer them at prices
that are extremely low.
In black, with sapphire or jade patterns or
chenille embroidery?all black, sapphire,
white and sphinx. Sizes 36 to 44.
Greatly Reduced!
Metal Brocade Evening Gowns of imported
materials. Regularly 150.00 to 225.00. * ^0 ?
Reduced to 98,50
Salome Velvet Evening Gowns in coral or sap- ^q --
phire. Regularly 150.00. Reduced to 9o,5U
ChifTon Velvet Evening Gowns, bead trimmed. Ats ?,
Regularly 69.50. ? Reduced to 49,50
FOURTH FLOOR
Broadway
aks&ffiampaHy
?t 34th Street
? ?