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<V. 8. Weather Bureau Forecast.) Cloudy tonight and tomorrow; prob ably rain tomorrow; not much change in temperature: lowest tonight about 45 de grees. Temperatures—Highest, 62, at 2:15 p.m. yesterday; lowest, 48, at 7 a.m. today. Full report on page 9. Closing N.Y. Markets,Pages 13,14& 15 NO-f OEntered as second class matter O. i)l,«01. post office, Washington. I>. C. ADVANCE IN STOCKS CHECKED BV HEAVY TAKING PROFITS Many Traders Cash In on Rally Which Resumes at Opening. MARKET IS DISPLAYING GREATLY IMPROVED TONE Volume of Sales Shows Noticeable Decline and Trading Is Orderly. By the Associated Pres*. NEW YORK, November 8. —Trading on the New York Stock Exchange re turned to normal proportions again today with price movements decidedly mixed. Early gains which ran from $1 to $lO a share in the active issues, 1 and $lO to $3l in a few specialties, were cut down, or wiped out, before the close, and several of the recent leaders sold $1 to nearly $lO a share below yes terday’s final figures. Profit-taking by traders who bought stocks “for a turn,” and the liquidation of stock bought for supporting purposes were held re sponsible for the late selling movement. U. S. Steel common dropped from an early high of $175.75 to $l7l and re bounded to $173.25, or $1.25 below last nights close. American Telephone, American & Foreign Power, Radio, Sears-Roebuck and Johns Manville con verted their early gains of $1 to $5 a share into declines running almost as much. Auburn Auto, which opened $3l a share higher, fell back $24 from the top. Closing Prices. Closing prices, together with net changes, compared with the previous close, on about 50 leading issues on the New York Stock Exchange are given below. When trading ceased at 1 p.m. the stock ticker was approxi mately one hour behind in reporting transactions and the final quotations were furnished by the Stock Exchange over the bond ticker. American Can, 115 >4, down 4 3 4; American Sc Foreign Power, 67*4, down 5 3 /i; American Smelting, 75%,* up 1%; American Telephone Sc Telegraph, 222, down 4; Anaconda Copper, 86 3 4, up 1%; Andes Copper, 36Vi, no change; Atlantic Refining, 42%, up %; Baltimore Sc Ohio, 118, down Vi: Barnsdall A, 25%, up 1%; Bethlehem Steel, 89%, down 3%; Briggs Manufacturing, 13%, up Vi; Canadian Pacific, 202, down 3; Cerro de Pasco, 69%, up Vi. Chrysler, 33, up %; Colorado Gas Sc Electric, 68 Vi, down 2%; Columbia Graphophone, 2414, up %. Commonwealth Sc Southern, 13%, up %; Consolidated Gas, 96%; down 2: “ Erie Railroad, 55%, up 2%; General : Electric, 215, down 5; General Foods, 48%, down Vi! General Motors, 43, down %; Gold Dust, 41%, down %; Hudson Motors, 47*4, up VaJ Johns Mansville, 115, no change. Kennecott Copper, 67%, no change; Missouri, Kansas Sc Texas. 36, up %: Montgomery-Ward, 58%, down 4; Na tional Cash Register, 78%, up 2%; National Dairy Products, 51 Vs. up 1%: New York Central. 184 Vi, down %; Packard Motor, 17%, up %; Pan- American Petroleum “B,” 61, up 1; Paramount-Famous-Lasky, 50%, down 2%; Radio Corporation, 35%, down 2; Sears-Roebuck. 102%. up %: Sinclair Oil, 27%, up %; Standard Oil of New Jersey, 62, down 1 Va', Studebaker, 46, down %; Texas Corporation, 53 7 /«, up %; Texas Gulf Sulphur, 56%, up 2 , / i. Strength at Opening. Further buying support came into the securities market at the opening and prices of leading issues rallied $1 to $lO a share in the early trading. Auburn Auto jumped $3l a share on the first sale. A few stocks lost ground on pro fit-taking. Trading lacked the violence of yesterday’s opening declines, al though several blocks of 3,000 to 15,000 shares changed hands on the New York Stock Exchange at the opening. American Water Works showed an Initial gain oi $9 a share, and Houston Oil, National Biscuit, Goodyear Rubber, Johns-Manville, Davison Chemical and Allied Chemical advanced $4 to $6 a share on opening transactions. Early gains of $2, or more, were recorded by Radio, Chesapeake & Ohio, Mack Trucks, United Aircraft, Sears-Roebuck, Commercial Solvents and American Telephone. ... . . U. S. Steel common, one of the lead ers of yesterday’s market, opened un changed at $174.50. . .. Early buying was influenced by the sustained rally yesterday and the drop of $656,000,000 in Federal Reserve brokers’ loans, made public after the close of the market yesterday afternoon. Curb Stocks Open'Strong. Leading Curb stocks continued to climb at the opening of the Curb Ex change this morning, but the volume of transactions fell off markedly, and trading was the most orderly experi enced in several days. Cities Service opened with a block of 25.000 shares at $31.50, up 50 cents. This compared with recent opening blocks of 85,000 to 225,000 shares. Trading in this issue has been so heavy that the Curb Exchange sent out a j notice over the ticker this morning i urging members to complete trans actions as rapidly as possible. Electric Bond * Share opened with a block of 15,000 shares at $79.87, up $5.87. Other opening transactions were largely in lots of a few hundred shares. Electric Investors sold up $l4 to $128.50. American Superpower, Middle West Utilities new, and many other is sues mounted $1 or so. BOY AGAIN SENTENCED. Texas “Thrill Slayer’’ Given Death for Double Killing. EASTLAND, Tex., November 8 (JP).— Clyde Thompson, youthful alleged ••thrill slayer,’’ accused of having killed Lucian Shook and a brother. Leon , Shook, near Leray, Tex., September 7, } 19' ’ today was assessed the death pc., tlly for the second time by a jury. PLANE CRASH DOUBTED. HELENA, Ark., November 8 (/P).— Today’s search having failed to reveal %the whereabouts of a plane reported to ? have plunged to earth in flames several miles from here yesterday, W. N. Bur nett. Helena aviator, assisting in the hunt, expressed doubt that a machine had crashed. * Burnett was of the opinion that sev icral persons who reported the crash late ij £3tsx<ia# had been mistaken, ? Wk- Wheeler Assails Remark Laid to Moses in Speech Senator Is Quoted as Call ing Insurgents “Sons of Wild Jackasses.-’ By the Associated Prers. The term “sons of wild jackasses,” a remark attributed to Senator Moses, Republican, of New Hampshire, in re ferring to the Republican independent group of Senators, was assailed in the Senate today by Senator Wheeler, Dem ocrat, of Montana, who said constitu ents of the group would resent such statements and take note of them in the next election. Moses was quoted as having made the remark at a dinner for New Eng landers here last night. Continuing, Wheeler said Senator Reed. Republican, of Pennsylvania, had described the Western group as “worse than Communists.” “These statements,” said the Mon tanan, addressing himself to the Re publican independents, “not only reflect upon you, but they reflect upon your lathers and your mothers.” He cautioned the Western group to remember these statements when they go out to campaign for the Republican I party in the next elections. Senator Brookhart, a Republican in dependent, of lowa, narrator of the story of the 1926 "Wall Street booze party’’ in Washington, said it was ap (Contlnued on Page 2, Column iT) GAMBLING INALTY URGED BY GLASS Would Make It Mandatory for Federal Reserve to As sert Authority. By the Associated Press. Amendment of the Federal Reserve act to make it mandatory upon the Federal Reserve Board to assert its au vfcoiity and “to prevent by penalization such disasters in stock gambling opera tions as have recently disgraced the country" was advocated today by Sen ator Glass of Virginia, a former Dem ocratic Secretary of the Treasury. Senator Glass last Spring called upon the Federal Reserve Board to dismiss Charles E. Mitchell, president of the National City Bank of New York, as a member of the board of directors of the New York Federal Reserve Bank on the ground that he had defied the board in offering call money to the market at a critical time in the market operations. In a letter today to the meeting of the association of member banks of the Boston Federal Reserve district, the Senator wrote: “If there are men in the financial world, as I think undoubtedly there are, who imagine themselves superior to the existing governmental banking system, and who are totally indifferent to the real commercial and Industrial interests cf the Nation, the sooner such men are restrained and severely disciplined by adequate punishment, the better ft will be for the country. “In my view it is the imperative obli gation of the administrators of the Fed eral Reserve banking system to assert to the limit the powers which the laws confer and, in this way, to assert the dignity of a Federal Reserve banking system which was intended to be su preme within its sphere.” Speaking in his letter of things which need “attention," the Virginian recom mended “modifications of the national bank act and the Federal Reserve act so as to make it more mandatory, if possible, upon administrators of the banking laws to prevent by penalization such disasters in stock gambling opera tions as have recently disgraced the country.” Glass also announced in his letter he intended to press at the regular session for adoption of his bill to give to mem ber banks of the Federal Reserve System a larger participation in the net earn ings of the system. He said this was justified by conditions and was neces sary to prevent further losses of mem ber banks from the system. Glass, as a member of the House, was credited with the authorship of the Federal re serve act. The letter was written to Gov. W. P. G. Harding of the Boston Federal Re serve Bank to be read today to the meeting of the member banks after Senator Glass was forced to cancel an engagement to speak before the meeting. Unless the Federal Reserve system is made more attractive to member banks, the Senator wrote, “it will soon be a ques tion as to whether the Federal Reserve system will predominate in the Ameri can banking community or yield to the dangerous and irresponsible holding companies, now already reaching out over the country, ' ■■ • NAME SENT TO SENATE. President Nominates Successor to Benjamin H. Littleton. President Hoover yesterday sent to the Senate the nomination of Herbert F. Seawell of North Carolina to be a I member of the Board of Tax Appeals. Mr. Seawell was appointed to succeed Benjamin H. Littleton. • - New Zealand Debaters Win. STATE COLLEGE, Pa., November 8 (A I ). —The Victoria College, New Zealand, debating team last night defeated the Penn State team here by audience vote on a question regarding abolition of the jury system. HIDE-AND-SEEK GAME FOR WIFE’S ALLOWANCE LEADS TO DIVORCE 75 Cents Scattered About House Daily Caused Mate to Doubt Husband’s Liberality. CHICAGO, November 8 (JP). Gilva McClatchie figured out a great game, but Mrs. McClatchie explained in her suit for divorce today that she didn’t care for it. McClatchie, the wife said, would ap pear each morning at breakfast time with 75 cents In his hand. He would tell Mrs. McClatchie not to “peek,” , ‘ then he would hide the money about the house. r f *. / Wcyt %umm J§fe. v J WITH SUNDAY MORNING EDITION V —' WASHINGTON, D. C., FRIDAY, NOVEMBER 8, 1929-FIFTY-EIGHT PAGES. *** WILLARD MANAGER CALLED IN PROBE OF EAHY’S DINNER Hight Asked by Rover to Bring Records for Purpose of Fixing Exact Date. LOOMIS WILL APPEAR BEFORE GRAND JURORS President of Lehigh Valley Rail road Accepts TJ. S. Attorney's Informal Invitation. Frank S. Hight, manager of the Wil lard Hotel, where the much-discussed “Wall Street dinner” was given in De cember, 1926, was invited today by United States Attorney Leo S. Rover to appear before the grand jury next Monday morning. Charges of drinking at the party have been made by Senator Brookhart. The dinner, said to have been given by Walter J. Fahy, a New York broker, was attended by a number of Senators, Mr. Brookhart declared in a speech de livered in the Senate. Later the lowa Senator went before the grand Jury and testified concerning the party. Mr. Hight is asked in a letter sent him by Rover to bring with him the books and records of the hotel relating to the dinner for the purpose of fixing the exact date of the repast. Senator Brookhart has not specified the date of the dinner, saying only that it was in the early part of December, and the grand jurors are requesting that Mr. Hight be invited to appear before them because they wish to know the exact date. Edward E. Loomis of the Lehigh Val ley Railroad, who, Brookhart says, sat next to him and took a drink, yesterday informed United States Attorney Leo A. Rover that he will appear in answer to an informal invitation which the pros ecuting officer had extended to him. Brookhart himself suggested that Loomis be called and the invitation fol lowed. with indication that should it be ignored, his presence would be made mandatory. Such a course was pur sued in Brookhart’s case, and when the Senator paid no attention to a similar informal invitation, a subpoena was is sued for his appearance before the grand jury. Dinner Described to Senate. In describing the dinner to the Sen ate, Brookhart said that it was given in December, 1926, by Walter J. Fahy, a New York broker, in honor of members of the Senate elected the month before. Silver hip flasks were provided for the guests, he declared, each filled with whisky. From one of these, the Senator con tinued, he saw Loomis pour some “alco holic stuff” into a glass and drink it. Brookhart said he was seated between Loomis and Otto H. Kahn of Kuhn, Locb & Co. His speech was delivered on Tuesday and on the following day he appeared before the grand Jury and presumably made the Same charges. He also sug gested that Kahn be summoned, but as yet no action in that direction has been announced. Invitation Wired Loomis. The invitation, which Rover sent to Loomis in a telegram, asked that he go before the grand jury on Monday “to give such information as you may have in connection with the alleged use of liquor at a dinner party given by Walter J. Fahy in December, 1926.” Brookhart’s charges furnished one of the high spots in the intermittent dis cussion of liquor and crime conditions in the National Capital that has en livened the special session. Senator Blease, Democrat, South Car olina, has asserted that liquor has been sold within the Capitol itself and nar cotics peddled in its vicinity. Senator Howell of Nebraska is preparing his second speech on liquor conditions here. In his first, he said that enforcement was lax and laid the responsibility upon President Hoover. The White House subsequently asked him to give it what ever evidence he had to support his charges. CHINA GETS REPLIES TO NOTE ON COURTS U. S. Willing to Discuss Question of Abolition of Extraterri toriality. ’’’y t Associated Press. SHANGHAI, November B.—Foreign Minister C. T. Wang today confirmed reports that the Nationalist government had received replies from the United States, Great Britain, France and the Netherlands to its second note regard ing the abolition of extraterritoriality in China. Wang said the Washington note ex pressed the willingness of the American Government to discuss the question, “looking toward Immediate abolition.” He asserted he expected conversations between the Washington and Nanking governments to open soon. The foreign minister said the ques tion would be taken up separately with the various nations concerned, and re iterated that the Nationalist govern ment’s announced Intention of achiev ing abolition of extraterritorial rights by January I was “unchanged.” i “You’ll have lots of fun finding your allowance today,” he would say, play | fully, the divorce bill stated. Sometimes she would hunt for hours t without results. Often she had a sus- Sicion the money wasn't even in the ouse. Once, she said, her husband opened ! a charge account for her. She bought I one item, a 79-cent kettle, and that was , the end of the charge account. 1 Radio Programs—Page 45 _■ - t BRIAND QUESTIONED ON FOREIGN STAND Confidence in Tardieu Min istry Seen Hinged on De bate Before Deputies. F- the Associated Press. PARIS, November B.—Upon Aristide Briand, French foreign minister, today devolved *he task of answering ques tions and making explanations, which, if satisfactory, will bring a Chamber vote of confidence in the new govern ment of Andre Tardieu. Indications were today, barring inci dents of the sort always liable to arise in debate, that a small majority—of anywhere from 17 to 45 or 50 votes— would be given the new government. An unimportant government motion of adjournment last night won by 44 votes. Must Be Specific. M. Tardieu’s ministerial declaration pledged paece with all nations while maintaining the security of France. M. Briand today had to descend from the general to the specific and answer criticism of his policy of evacuation of the Rhineland, the agreement at the Hague and his proposal to discuss with Germany evacuation of the Saar Basin. The criticism principally was from the right, from those Deputies who. on October 22, were so vehement along Just the same lines, that M. Briand re signed as premier and took his ministry out with him, bringing about the crisis which M. Tardieu is attempting to solve. Henri Franklin Bouillon was the most severe of all those who spoke yester day. Policies “Too Liberal.” He characterized M. Briand’s foreign policies as “too liberal, always giving and never getting.” In opposing early evacuation of the Rhineland, he affirmed that German ap propriations for military purposes were sufficient to give that nation five times as strong an armament as the treaty of Versailles allows. He charged a Ger man system of roads had been built which would permit easy movement of an army across the frontier into France. GASTONIA SLAYING CASE ENDS ABRUPTLY Two of 16 Defendants Are Re leased ; Others Held for Grand Jury. By the Associated Press. GASTONIA, N. C„ November B. Judge P. A. McElroy’s inquiry into the slaying of Mrs. Ella May Wiggins came to an abrupt close today when the pros ecution closed its case and the defense announced it would offer no evidence. Roy Carver and Howard West, two of the 16 defendants charged with mur der in connection with the death, were released. The 14 others held in the case were ordered placed under bond for their ap pearance before the grand jury at the January term of Superior Court. Judge McElroy fixed'bond for all those held at $2,500 each except Horace Wheeler, whose bond was set at $5,000. | VERDICT AGAINST THAW IS REDUCED TO $25,000 Judge Cuts Jury’s $75,000 Damage Award to Night Club Hostess to One-Third. By the Associated Press. NEW YORK, ' November B.—The $75,000 verdict awarded by a jury to Marcia Estgrdus, night club hostess, in her SIOO,OOO suit for mistreatment against Harry K. Thaw, was reduced to day to $25,000 by Supreme Court Jus tice Aaron J. Levy. The verdict was returned two weeks ago, after a second trial of the su:v, in which the girl charged that Thaw had bitten her and paddled her with p hairbrush at a New Year day purty in his apartment in 1927. PLAN SESSION IN CHINA. KYOTO, Japan, November 8 (AP). — The Institute of Pacific Relations de- I cided today to hold its next biennial . conference at some city in China, i The institute was engaged today in round table discussions on suggested machinery outside the League of Na ' tions to deal with Pacific Coast prob- I lems. BLAST KILLS FIVE. Workmen' Are Victims of Prema ture Explosion of Dynamite. WORCESTER, Mass., November 8 (JP). Five workmen were blown to pieces in a premature explosion of 80 pounds of dynamite in a shaft of the Metropolitan water development at Coldbrook early today. hooverTowatch NAVY-G. U. CLASH President Takes Half-Holi day to Go to Annapolis for Foot Ball Game. President Hoover is going to declare a half-holiday for himself tomorrow afternoon and go to Annapolis to wit ness the foot ball game between the Midshipmen and Georgetown Univer sity. This will be the first time Mr. Hoover has attended a foot ball game since be coming President, and he is looking forward to the contest with greatest pleasure. Inasmuch as he will sit in a box on the Navy side of the field, it is natural to assume that he will be there in the capacity of a Navy rooter. “Family” to Go Along. The President will be accompanied by Mrs. Hoover and his official White House family. The latter will be George Akerson, Lawrence Richey and Walter Newton, his three secretaries, Mrs. Richey and Mrs. Newton; Capt. Allen Buchanan and Col. Campbell Hodges, naval and military aides, respectively, and Lieut. Comdr. Joel T. Boone, the President’s physician, and the custo mary number of newspaper correspon dents and photographers. The foot ball party will leave the White House after an early luncheon and make the journey to Annapolis in automobiles. It is the President’s in tention to return immediately after the game. President Hoover has completed the address he will deliver on Monday night in the Washington Auditorium, featur ing the ceremonies commemorating the anniversary of the signing of the Armistice. The speech now is in the hands of the printer and is expected to be ready for advance distribution either late today or tomorrow. It is understood that the President has de voted a large part of this address to a further appeal for world peace and It Is believed that his utterance on this occasion will be especially significant since it will have a direct bearing on the aims of this Government in its participation in the coming naval dis armament conference in London. Will Honor Unknown. The only other arrangement made by the President for the observation of Armistice day on Monday is a visit to Arlington National Cemetery, where he will place a wreath upon the tomb of the Unknown Soldier. It is under stood that Mrs. Hoover will accompany him and place a single flower upon the tomb. The President and Mrs. Hoover have made no plans for Sunday. They ex pect to remain in Washington and to go for a motor ride in the afternoon, following attendance at the Quaker Meeting House at Thirteenth and Irving streets. NATIONALIST FORCES REPORTED VICTORIOUS News Agency Says ‘Peoples’ Army’ Has Been Forced Back Along Entire Front. By the Associated Press. SHANGHAI, November B—The Kuo min News Agency, organ of the Nation alist government, tonight stated that Nationalist forces had scored a sweep ing victory against the rebelling Kuo mlnchun or “People’s Army” along the entire battle front on Honan province parallelling the Kinhan Railway and also along the Lunghal Railway. The News Agency report said the Na tionalists had captured “50,000 Rebels, causing a general Kuominchun retreat westward.” CELEBRANTS ARRESTED. Several Persons Hurt as Berlin Po lice Disperse Meeting. BERLIN, November 8 (&).—'Three persons were arrested yesterday and several persons injured slightly when police at Hamburg attempted to keep several hundred Communists from cele brating the Soviet anniversary. Elsewhere in Germany the day passed quietly. PROBERS ASK RIGHT TO CHECK RECORDS Lobby Hearing Would Learn More of Arnold’s Loan to Taxpayers’ League. Delving further into the financial af fairs and political activities of J. A. Arnold, manager and Washington rep resentative of the American Taxpayers’ League and the Southern Tariff Asso ciation, Senator Blaine of Wisconsin, at a heated sesison of the Senate lobby committee this morning, demanded that Mr. Arnold give the committee permis sion to go to the Munsey Trust Co. In this city and examine his personal ac count and the account of the Taypayers’ League. Mr. Arnold said he had no objection to the committee’s investigator going to the bank and examining his personal account, but he preferred not to give permission for an examination of the league’s account without consulting one of the organization’s officers. Pressed by Senator Blaine, Mr. Arnold finally sug gested that the committee telegraph to William M. Thompson of Portland. Oreg., president of the league, for the desired permission. It is understood that the committee will telegraph to Mr. Thompson and meantime will send an investigator to the Munsey Trust Co. to examine Mr. Arnold's personal account. “Are you a man of considerable property?” asked Senator Blaine. "No, I am not,” replied Mr. Arnold. Has Bank Balance. Mr. Arnold testified when questioned in detail about his personal financial affairs that he owned no real estate, nor stocks or bonds and no automobile. He said that his personal balance in the Munsey Trust Co. was “probably a few thousand dollars.” One of the sensations at the hearing this morning was a letter from Senator Edge of New Jersey, a member of the finance committee, to Mr. Arnold, re ferring to the efforts of the Southern Tariff Association to induce Southern Democratic Senators to vote for the pending tariff bill. This letter was found among a big batch of letters which the committee’s investigator ob tained from Mr. Arnold’s office files in the Munsey Building. This letter suggested that Republican Senators should not co-operate with Southern Democratic Senators to get tariff protection for their States when those Senators wouM not vote for the tariff bill as a whole. Senator Cara way read from the letter the following sentence: “You are absolutely right. The Re publican party should have taken this stand long ago.” “What does that mean?” as ed Sen ator Caraway. "It apparently means (Continued on Page 2, Column 2.) EX-KING OF BOOTLEGGERS DIES AS CHARITY PATIENT George Crawford, 52, Once Report ed to Have Been Worth SIOO,- 000 From Liquor Deals. By the Associated Press. CAIRO, 111., November B.—Once known as “the king of bootleggers” in Southern Illinois and reputed to have been worth SIOO,OOO, George Crawford, 52, died penniless in a hospital here, a county charity patient. Some of his former glory returned to him in death, however, for yesterday he was buried in a satin-lined and moderately expensive casket, purchased with funds given by many prominent j business men who had known him. I COMMISSIONER DORAN FROWNS ON "WIRE TAPPING” METHODS Declares He Is "Opposed to It as a Matter of Decent Administration.” Although "wire tapping” is a legal means of prohibition enforcement. Dr. James M. Doran, prohibition commis sioner, today declared he was “opposed to it as a matter of decent administra tion,” and he used information obtain ed through “wire tapping” only inci dentally, when found in connection with other information against alleged violators. The Prohibition Bureau, Dr. Doran emphasized, has not set up any “ma chinery” for going into the wire-tapping business, and prohibits its agents from going on any “fishing” expeditions to uncover new evidence through listen ing in on telephone conversations. The wires are occasionally used. Dr. Doran said, and valuable Information has been obtained to be used against “From Pre*s to Borne Within the Hour" Tlie Star’s carrier system covers every city block and the regular edi tion is delivered to Washington homes as fast as the papers are printed. Yesterday’s Circulation, 112,613 (IP) Means Associated Press. M’PHERSON DEATH CASE TO BE TAKEN TO NEW GRAND JURY BY LASKEY Decision Present Indictment Is Voidable Reached After Parley of Lawyers. NEITHER SIDE IS EXPECTED TO OPPOSE NEW PROCEDURE Defense Counsel’s Aide Confers With • District Attorney on Question of ' Validity of Other True Bills. John E. Laskey, special assistant to the Attorney General, an nounced this afternoon that the Virginia McPherson strangling case will be resubmitted “promptly” to the present grand jury, “in view of recent developments with respect to the ineligibility of a member of the grand jury which indicted Robert A. McPherson, jr. w The action of the special prosecutor in the McPherson case fol lows the example set yesterday by United States Attorney Rover in three other indictments handed down by the so-called McPherson grand Jury. A formal statement handed to the press by Prosecutor Laskey in the office of J. Edgar Hoover, director of the Bureau of Investigation of the Department of Justice, stated that the grand jury will be asked to begin the new investigation next Tuesday, which by coin cidence is exactly two months to the day from the mysterious death of the young nurse in her bedroom at the Park Lane Apartments. Release Improbable. Discarding of the first McPherson indictment had been regarded as inevitable in view of the disclosure yesterday that the district attorney’s office would not oppose pleas in abatement entered in all cases of indictment handed down by the grand jury of which Mrs. Delores Marmion was a member. Mrs. Marmion was not qual ified to sit in the proceedings because she was receiving a pension from the Government. There appeared no likelihood that McPherson would be released from jail even temporarily pending the new investigation, although Laskey was reluctant to discuss this phase of the case. Counsel for McPherson immediately announced intention of seek ing bail, when Lasky’s action became known. Indications were, however, that in the event an attempt was made to gain McPherson’s release, he would be rearrested immediately on the existing indictment, which is not yet legally invalidated by today’s developments. Much Shorter Session Likely. The new grand jury proceedings undoubtedly will be much shorter than those which resulted in the original murder charge against McPherson and the excoriation of the police, the district attorney’s office and other local authorities for their handling of the case. Approximately eighty witnesses testified during the first grand jury investigation. Only three testified at the coroner’s inquest, when the death of Mrs. McPherson was held a suicide. The Department of Justice has taken written testimony from more than 800 persons, and has interviewed many others whose statements were not regarded sufficiently important to take down in writing. Only a small proportion of the persons questioned by the De partment of Justice will go before the present grand jury. The Gov ernment has been able to eliminate all unimportant and irrelevant testimony, and consequently is in a position to pick only those whose testimony is regarded as important. Chief among these “key” witnesses, it is believed, will be Conductor J. H. Lewark of the Georgia avenue street car line, who was working on an “owl” car the night Mrs. McPherson died and whose belated testimony last Saturday caused the Government to decide to press the case against McPherson; Garnett Melvin Frye, taxicab driver, who has sworn he McPherson as a passenger he carried from Fifteenth street and New York avenue to the Park Lane apartments on the night of the tragedy, and numerous persons who heard screams and other strange sounds at the Park Lane that night Testimony Obtained by Agents. Lewark did not testify before the first grand jury. His testimony was obtained by Government agents Just as they were about to close their investiga tion last week. At the time Lewark appeared on the scene it was reported from most reliable sources that insufficient evidence existed to warrant going to trial in the case. J. T. Green, motorman of Lewark’s car, also is expected to testify. The car on which Green and Letoark were working left Soldiers' Home four minutes after midnight on the night of Mrs. McPherson’s death and arrived in the downtown section at 12:23 o’clock in the morning. Ten passengers were carried on that trip. \ If McPherson was one of those passengers, Lewark’s testimony conflicts with McPherson’s claim that he visited an aunt in Petworth about 12:30 o’clock that night, and that he was in bed at his parents’ home about 1 o’clock. Until Lewark reluctantly talked with Federal operatives it was indicated that Frye was the only person whose testimony conflicted with McPherson’s alibi. Possibility of a new grand jury probe of the case was predicted by The Star a week ago. First steps pointing toward such a development were taken today by Wil liam E. Leahy, counsel for the young husband of the nurse who was stran gled to death September 12 by a pajama belt knotted around her throat. Leahy, confined to his home by a cold, dispatched an associate, James F. Reilly, to confer first with United States Attorney Leo A. Rover regarding the status of indictments handed down by the so-called McPherson grand jury, and then with John E. Laskey, special assistant to the Attorney General, in charge of the prosecution of McPher son. New Proceedings Expected. Leahy said he wished first to ascer tain on what grounds Rover acted in deciding to resubmit to the grand jury testimony in three important cases other than the McPherson case. In taking, this action Rover announced yesterday that the new celebrated Park Lane strangling case is in the hands of Laskey and added any move in that case must be decided by the special Govern ment prosecutor. Rover acted only in cases in which abatement pleas had been filed by the defense. Reilly conferred with Rover shortly before noon and planned to consult with Laskey this afternoon. After Reilly's conference with the district attorney, Leahy said Rover in tended to resubmit to the grand jury persons who already were under sus- ! piclon. This practice will be continued,: Dr. Doran explained, but as a matter of ; general policy, he said, the use of this , unusual "arm” of enforcement would ( not be pushed further than its pres ent use. v 1 The authority to use “wire tapping" j to obtain evidence against prohibition : law violators is found in a decision j of the Supreme Court of the United States, which in a decision in a liquor case out of Seattle, Wash., voted 5 to 4 that it was legal. “I am opposed to wire tapping, how ever,” Dr. Doran said, “as a matter of decent administration. It doesn’t ap peal to me as the thing to do.” One liquor case has already been made here by wire tapping. TWO CENTS. all cases in which the indictments were contested. The McPherson in dictment, Rover explained, was in the hands of Laskey, and the suggestion was made that Reilly discuss that case with the special prosecutor. Leahy had asked his associate to es tablish whether District Attorney Rover regarded the indictments handed down by the McPherson grand jury as “void” or “voidable.” He explained that if they are void, no defense plea is necessary to invalidate them. If they are voidable, a plea in abatement would be the legal recourse of the defense. Rover Gives His Views. Rover said yesterday he did not ad mit all indictments of the questioned grand jury automatically were in validated by the discovery that an un qualified juror sat in the proceedings, but said he thought it best not to tp pose the abatement pleas entered in three cases. The unusual tangle was created by the fact that Mrs. Delores Marmion. a member of the jury which indicted McPherson and a large number 1 of other persons, was receiving a pen sion from the Government. The courts have held in similar instances that acts of a grand jury so constituted are in valid. LONGWORTH CONFERS WITH G. 0. P. LEADER r Discusses Course to Be Adopted by House for Remainder of Session By the Associated Press.' Speaker Longworth returned to the Capital today after an all Summer absence from the city and immediately started conferences with Representa tive Tilson of Connecticut, the House Republican leader, and other Repub licans over the course to be adopted by the House for the remainder of the | special session. I The speaker said he did not care to discuss the question until he had time o gather first hand information on the ituation, but Tilson believes it might is advisable for the House to arrange 'or an adjournment at least 10 days in advance of the regular December session. He said he could see no rea son for the House to remain in session after Monday. At the House side of the Capitol 'here is considerable belief the tariff bill will not be passed by the Senate at the special session and therefore the House will not even be called upon before De cember to appoint conferees.