Evening star. [volume], December 21, 1929, Image 1

About Evening star. [volume] (Washington, D.C.) 1854-1972

Image provided by: Library of Congress, Washington, DC

                
WEATHER.
(C. 8. Weather Bureau Foreeast.)
Fair, continued cold tonight: minimum
temperature about 20 degrees: tomorrow
cloudy. Temperatures—Highest, 31, at
3:30 p.m yesterday; lowest. 21, at 7 a m.
today. Full report on Page 3.
Closing N. Y. Markets,Pages 21, 22, 23
•vt Q1 OQfl Entered as second class matter
iN O. 01,-00. post office. Washington, I). C.
WHEAT DISMISSES
PLEA FOR RECEIVER
: FOR F.H. SMITH CO.
{Court Refuses to Act in Case
of Corporation or
Individuals.
SAYS ACTION WOULD HURT
FIRM AND STOCKHOLDERS
Decision Points Ont Plaintiffs Did
Not Allege Any of Defendants
Are Insolvent.
Justice Alfred A. Wheat of the Dis
trict Supreme Sourt today dismissed the
application of a number of bondholders
©f the F. H. Smith Co., for the appoint
ment of a receiver for the company.
The suit was filed recently by Attor
ney W. Gynn Gardiner, and in addition
to the company was directed against
Representative Frederick N. Zihlman,
chairmam of the District committee of
' the House; Daniel R. Crissinger, former
controller of the currency; G. Bryan
Fitts, chairman of the board of di
rectors of the Smith Co.; Samuel J.
Henry, president of the company, and
' three other officers of the corporation.
. Zihlman. Crissinger, Pitts and Henry
are under indictment on a charge of
i using the mails to defraud growing out
of the activities of the company which
1 recently moved its offices to New York.
In the decision today that court held
that the allegations of the petition are
not sufficient to support the appoint
ment of a receiver either for the in
dividual defendants or for the corpora
tion.
It was pointed out that the plaintiffs
did not allege that any of the de
fendants are insolvent or have defaulted
•'in meeting their obligations. The
plaintiffs are not judgment creditors of
the defendants nor are they contract
creditors, for the bonds which they
hold are not the obligations of the de
fendants, the court pointed out. It is
undisputed that each Issue of bonds
sold by the Smith company was se
cured by mortgage or deed of trust
upon a specific piece of real estate, and
is the obligation of the owner of that
particular property.
Incalculable Injury Seen.
“To grant the plaintiff’s request,” the
court said, ‘‘would benefit no one but
the receiver and might do incalculable
injury to the corporation and the hold
ers of its securities. The motion for
the appointment of a receiver for the
property of the individual defendants
is without merit.”
“The appointment of a receiver for a
corporation,” said Justice Wheat, “is a
serious matter and is not to be done 1
except in accordance with well recog
nized principles of law. The purpose of
A receiver pendente lite is to preserve
property pending its disposition by final
decree. In this case, the prayer for
final relief asks nothing against the
corporation, unless the clause ‘to pay
over into the corporation or to a re
ceiver then duly and permanently ap
pointed,’ may be regarded as a prayer
for a permanent receiver.
“Notwithstanding its broad general
allegations, the final prayer of the bill
is against the individual defendants
only, that they be required to pay for
the' benefits of the corporation all sums
cf money which in equity the corpora
tion is entitled to receive from them.
To appoint a receiver now for the as
sets of the corporation in the District
in connection with such a demand as
1 this and in the absence of any prayer
for final relief against the corporation
would, in my opinion, be wholly unjusti
fiable. The motion for a receiver will
be denied.”
Dissipation of Assets Charged.
The motion for appointment of a re
ceiver was made by Mr. Gardiner in
behalf of four bondholders, Andrew B.
Caldwell, Grace Caldwell, 3401 Six
teenth street; Mary H. Farmer, 1264
Columbia road, and Eva B. Middleton,
1519 Oak street. They also asked for
*n injunction and accounting.
Gardiner charged that Zihlman, Cris
singer, Pitts and Henry, as officers of
tfie F. H. Smith Co., had dissipated the
corporation's assets and that certain of
the corporation's papers and effects had
been removed from the city.
Wilton J. Lambert and Rudolph H.
Yeatman, appearing for the defendants,
contested the motion on the grounds
that the company is solvent, that it
has never defaulted on its bonds end
that appointment of a receiver at this
time would seriously affect tne interests
cf the holders of the preferred stock.
They introduced affidavits irom each
of the defendants named, declaring that
the company's funds had not bem dis
sipated in any way and there was noth
ing irregular about the firm's business
practices.
The court’s decision disposed finally
©f the application for a temporary re
ceiver for the company. There is still
pending, however, a request for ap
pointment of a-permanent receiver ior j
the individual defendants and this pe
tition will not be disposed of until after
ft final hearing of the case.
CLAIMS PHONE RECORD.
Uew York Importer Talks With
Mother From Midocean.
SAN FRANCISCO. December 21
CAP).—A new long-distance record for j
b telephone conversation with a ship
at sea was believed established when
Isadore Rosenberg, New York Importer
stopping here, talked with his mother
and brother on board the liner Levi
athan in midatlantic yesterday.
Rosenberg said the three-minute con
versation was as distinct as a local
call. Pacific Telephone Telegraph
officials said the call was the longest
tince the commercial service between
ehip and shore was inaugurated two
, weeks ago.
KIDNAPER SENTENCED.
i *
DETROIT. December 21 UP).—Joseph
'<‘‘Legs”) Laman was sentenced to from
30 to 40 years in the Michigan State
Prison at Jackson today for his part
in the kidnaping last April of Fred
Begeman. retired Wyandotte bootlegger.
Laman was convicted by a Circuit Court
Jury a week ago.
Wrecker Arrives Too Late.
i TACOMA, Wash., December 21 (IP). —
11 When a large sedan stalled on a rail
roeo track near here last night, the
nnid'-ntified driver left it there and
went for a wrecker. When he returned
some time later, the wrecker was not
(needed.
Road Magnet Works;
Picks Up Old Nails—
And Manhole Covers
Br the Associated Press.
MIAMI, Ariz., December 21.
The State's brand-new road mag
net paid a triumphant visit to
Miami yesterday.
In addition to picking up rusty
nails the contraption removed
most of the city's manhole covers.
19 UNITS PROPOSED
IN RAILWAY MERGER
Interstate Commission Plan
Includes Radical Changes
in Alignments.
By tha Associated Press. *
A plan for merging practically all of
the steam railroads of the United States
into 19 giant operating units was laid
down by the Interstate Commerce Com
mission today in compliance with a
congressional mandate.
Five Eastern trunk lines would be
formed, headed by the Pennsylvania,
Baltimore & Ohio, Wabash-Seaboard,
New York Central and Chesapeake &
Ohio. The Boston & Maine and the
New Haven would form the key sys
tem in New England.
In the South there would be three
systems, headed by the Atlantic Coast
Line, the Southern Railway and the
Illinois Central.
Other key systems under the plan
were as follows: The Great Northern-
Northern Pacific, the Chicago, Milwau
kee, St. Paul & Pacific; the Chicago,
Burlington & Quincy; the Union Pa
cific, the Southern Pacific, the Atchi
son, Topeka & Santa Fe; the Missouri
Pacific and the Chicago, Rock Island &
Pacific and Chicago & Eastern Illinois.
Two Canadian groupings were also
allowed, but were not included in the
list of trunk systems.
Relations to Be Disrupted.
Many long established relationships
between existing carrier systems would
be disrupted by the carrying out of the
proposal, but the commission said that
it represented the attempt to create a
transportation system in the country
which would maintain competition and
give every important traffic center re
course to two or more lines for trans
port service.
In Eastern territory the commission
plan would leave the New York Central
and Pennsylvania systems largely as
they now are, but would enlarge ma
terially the Chesapeake & Ohio system
by adding to it the Erie and Pere
Marquette and a iarge group of con
necting short lines.
The Baltimore & Ohio would be given
the Central of New Jersey, now af
filiated, and a half ownership of three
other roads, the Detroit. Toledo &
Iron ton. the Chicago, Indianapolis &
Louisville and the Detroit & Toledo
Shore Line. It would also be allowed
to keep the Buffalo. Rochester & Pitts
burgh, which it now tentatively con
trols. but would be separated from the
Western Maryland, which it had en
gaged in purchasing during the last two
years.
Fifth Trunk System.
A new fifth trunk line system would
be created in Eastern territory around
the Wabash, by incorporating with that
system the Wheeling & Lake Erie, the
Pittsburgh & West Virginia, the West
ern Maryland, the Chesapeake & Ohio
Railway Co. of Indiana, a half interest
in the Detroit, Toledo & Ironton, and
finally the Seaboard Air Line, running
down the East Coast of Florida, with
most of its adjuncts and connecting
lines.
In connection with Eastern systems
: the commission set aside several pro
posals advanced by the Baltimore &
Ohio, the Chesapeake & Ohio and the
Wabash. Its rearrangement of prop
erties Indicated a disposition to break
up some present ownerships, and sev
eral ©f the new systems would have
parts of lines long owned by other and
competitive systems. In connection with
that it was noted that the New York
Central system would be assigned al
most complete control over the Vir
ginian.
In New England territory the Boston
& Maine and the New Haven would be
built up Into two regional systems by the
inclusion of connected and associated
lines although the New York Central
was left ownership of the Boston & Al
bany. Association of the Atlantic Coast
Line with the Louisville & Nashville was
confirmed by the plan. The Southern
Railway Co. was assigned the Florida
East Coast Line, which is now independ
ent, and the Norfolk Southern, but the
Mobile & Ohio, which it has long con
trolled, was excluded.
Reduction of Ownership.
In addition its long established own
ership of the Chicago, Indianapolis &
Louisville was reduced to a one-fourth
interest, the balance of that line being
assigned to the Baltimore & Ohio and
Northern systems.
For the Illinois Central the commis
sion proposed the addition of a large
i number of short lines in Southern ter
ritory including the Gulf & Ship Is
land, the Yazoo At Mississippi Valley
railroad, and likewise the Minneapolis
& St. Louis, a now independent line
running into the Northwest. Radical
changes in present railroad alignments
were exhibited by the attachment of
the Mobile & Ohio to the Chicago
& Northwestern system along with
several other short lines in Southern
territory into which that road has not
hitherto reached.
Without specifying the actual local
treatment necessary the commission de
clared that any railroad consolidation
“should be accompanied by unification
of all terminal lines In the respective
terminals," so that all terminal prop
erties should thrown open to all
(Continued on Page 2, Column 5.)
WOMAN KEEPS MAN LOCKED UP
BY PAYING BOARD BILL AT JAIL
Butcher’s Arrest Caused by Failure to Settle Auto Injury
Suit Judgment.
By the Associated Press.
CHICAGO, December 21— Miss
Eannle Kaplan is determined to keep
Anthony E. Heidererich, a butcher, in
jail, and Circuit Judge Klarkowski be
lieves her within her rights.
Miss Kaplan won a $2,500 judgment
against Heidererich in 1925 for injuries
’ suffered in an automobile accident.
| Heidererich disappeared and It was not
; ' until November 30 of this year that
Miss Kaplan found him. She had him
W\e ettitm Sfef.
x J Vs X WITH SUNDAY MORNING EDITION
WASHINGTON, D. C., SATURDAY, DECEMBER 21, 1929—TWENTY-EIGHT PAGES.**
PARIS TO DEMAND
SECURITY AT NAVAL
ARMS CONFERENCE
All Parties Cheer Marine
Minister’s Announcement
in Parliament.
JAPANESE DELEGATION
SAILS ABOARD OLYMPIA
Tokio Satisfied With Results of
IT. S. Visit After Receiving
Encouraging Reports.
By the Associated Press.
PARIS, December 21.—The French
government today was transmitting to
the powers invited to the London naval
conference a memorandum setting
forth the broad lines of French policy.
The memorandum is understood to
express France's desire for limitation,
based on adequate defense of its own
security, the security of its colonies
and trade routes and sets forth the
French position at the London con
ference at Geneva#
It was assumed by close observers
that the memorandum also expresses
the French contention that submarines
must remain as the basis of costal de
fense. The document probably will be
made public shortly.
Italian Reply Due Today.
The Italian reply to the recent
French memorandum on disarmament
problems is expected to reach the
Qual D'Orsay some time today. While
no hint of Its contents has been forth
coming it Is expected that it will In
a general way repeat Italy’s contention
for naval parity with France.
"Arbitration, security and then dis
armament” will be France’s motto at the
conference, Georges Leygues, minister
of marine, told Parliament yesterday.
All parties applauded the minister’s
words and cheered loudly his statement
the French delegation would go to
London resolved to insure for France
defensive means adequate to its
security.
Confidence Voted.
“We will defend total tonnage against
tonnage by categories,” he said with
reference to determining relative
strength of the fleets of the powers.
He added, reiterating an old French
viewpoint, the “London conference must
be considered preliminary to a general
disarmament conference at Geneva."
The French Senate voted confidence
in the government of Premier Tardieu,
253 to 2. with 50 senators abstaining,
on questions by former President Mil
lerand of the Brland policy of Locarno
and the Young reparations plan.
TOKIO DELEGATION SAILS.
Wakatsukl at New York Luncheon
Pledges Collaboration.
NEW YORK, December 21 (IP).—
After pledging their best efforts for the
success of the London Naval Confer
ence, the Japanese delegation today
was en route to England aboard the
liner Olympic.
The delegation, headed by Reijiro
Wakatsukl, former premier, and Ad
miral Takeshi Takerabe, minister of
the navy, sailed last night after a busy
day of sightseeing and as guests at a
dinner given in their honor by Japanese
residents of the city and at a luncheon
given by S. Sawada, Japanese consul
general.
Thomas W. Lamont of J. P. Morgan
& Co., speaking at t.he consul general's
luncheon, pledged the interest of the
American business man and banker in
permanent world peace.
He denied as an “outrageous slander”
the idea that “men of affairs, manu
facturers or bankers, are not adverse
to war because of the fancied or fleet
ing material profits sometimes flowing
from war." He declared it was the
great business leaders who are the most
eager for enduring peace.
Former Premier Wakatsukl, through
an interpreter, expressed confidence
that the London conference would pro
duce good results.
U. S. SHIP ATTACKED
BY CHINESE TROOPS
Naval Guard on Steamer Repulses
Soldiers With Machine Gun
Fire on Yangtse.
*
By the Associated Press.
SHANGHAI, December 21.—An Amer
ican naval guard on the steamer Iping
of the American Yangtsc Rapids Steam
ship Co. routed a body of unidentified
Chinese troops with heavy machine gun
fire yesterday after the ship had been
subjected to rifle fire.
The Chinese fire on the steamer,
which plies the Yangtse River, was so
heavy that the guard departed from the
usual practice of Ignoring such attacks
and retaliated vigorously.
In recent weeks uncontrolled Chinese
soldiers and bandits have repeatedly at
tacked foreign steamers in the Upper
Yangtse River.
arrested, and he has been kept in jail
since. Miss Kaplan paying $3.50 weekly
for his jail board.
Heldererich’s friends sought to obtain
his release yesterday, but Judge Klar
kowski held that Miss Kaplan was with
in her legal rights in keeping him locked
up until he pays up.
The incarceration was made possible,
her attorney explained, because Miss
Kaplan's suit for damages contained a
malice count permitting her to have
him locked up if he failed to pay the
judgment
f"
i
GARNER ADVISES
HOOVER TO SPEAK
Declares Country Entitled to
Statement on Lakin Sugar
Letter Charge.
By the Associated Press.
President Hoover was confronted to
day with a warning from the minority
leader of the House that, in the ab
sence of any word from the White
House, undue importance may be at
tached to testimony before the Caraway
lobby committee tending to link the
Chief Executive with the activities of
those opposing a high tariff on Cuban
sugar.
The President has been disposed to
ignore statements made bciore the Car
away group early this week to the ef
fect that he instructed his secretary,
Walter Newton, to establish a contact
between the House ways and means
committee and the Cuban sugar in
terests. There have been indications
that such an attitude would be con
tinued and that no statement might
be expected from the Chief Executive.
Representative Garner, the Democratic
leader, asserted that unless Mr. Hoover
makes a direct, definite and positive
declaration, a great many people “will
accept the evidence as proving that the
President of the United States has been
participating in the secret conspiracy
against the interests of his own coun
trymen engaged in the sugar industry.”
The President, he said, in justice to
his office owes the country a direct pro
nouncement on this subject.
Referring to statements made in let
ters which were introduced as evidence,
as well as that given orally, Garner
asserted that “if the President, either
personally or through his secretary,
Walter Newton, did not say the things
and do the things mentioned in these
letters, some method should be found
to punish the men who assumed to
speak by his authority and who re
ported to the head of a foreign govern
ment that our President had commit
ted himself to aid their plans.”
Chairman Caraway expects to de
vote a good bit of his time during the
Christmas recess to the preparation of
reports on the lobby committee’s in
vestigation of efforts to influence Con
gress in its legislation on the sugar 1
tariff. Such reports, it is expected, will
review the testimony of Edwin P. Shat
tuck, H. C. Lakin and Gladys Moon
Jones.
RUSSIA OBJECTS
TO WAR ZONE VISIT
Consuls Halted on Investigation of
Northwestern Manchuria
Conditions.
By the Associated Press.
TOKIO, December 21.—Disapproval
by the Russian government of the visit
of an international train to war-tom
Northwestern Manchuria was officially
intimated to the Japanese embassy at
Moscow, official dispatches here stated
I today.
Meanwhile, the train, bearing consuls
of several nations who are desirous of
learning of the condition of their na
tionals in the war area, lemains at
! Bachatu. Consuls at Harbin and Muk
den are attempting to overcome Chi
nese objections to investigators proceed
ing to the scene of the recent Russian ,
invasion west of the Khingan Moun
tains. . , .. „ i
In reply to recent notes from the
Japanese Ambassador at Moscow, the
Soviet government today indicated its
willingness to investigate and indem- ;
nify Japan if it were proven that Rus- ]
slans were responsible for alleged
deaths of Japanese at Manchuria early
this week.
—•
SAN FRANCISCO BUILDERS |
ADOPT FIVE-DAY WEEK 1
— j
Schedule Is Not to Apply to Con- j
struction Workers in
Factories. i
i
By the Associated Press. I
SAN FRANCISCO, December 21.—1 - ]
auguration of a five-day week for San j
Francisco building trade workers, ef
fective January 1, was announced today ■
by W. H. George, president of the ]
Builders’ Exchange. The shorter week ,
will apply only to "mechanics employed j
on buUdings,” eliminating members of i
the buUding trades working in factories •
and shops. i
The building trades now are working 1
under a 5>2-day week. 1
—■ • ■ ■■■
Radio Programs—Page 28 ]
Perfect Pinochle
Hand Overcomes
Holder; Police Called
By the Associated Press.
CHICAGO, December 21.
Gene Dy Kier got a perfect
“1,500” pinochle hand last night,
collapsed from excitement, recov
ered, became peeved at the man
who dealt the hand and left the
place in high dudgeon.
John Wesley, an employe of
Kier’s, was host and dealer.
When Kier looked at the perfect
hand he collapsed in a faint.
Police were called, but Kier re
covered just in time to save Wes
ley from the patrol wagon toward
which he was headed for no ap
parent reason.
The excitement of police and
everything was to much for Kier.
He became angry and strode from
the house, leaving the perfect
hand scattered on the floor just
like it w r as nothing.
8 DEPUTIES FREED
IN STRIKE KILLINGS
Jury, Out 22 Hours, Acquits
Sheriff’s Aides of Six
Marion Slayings.
By the Associated Press.
BURNSVILLE. N. C.. December 21
Eight deputy sheriffs on trial here for
death of six men killed during a strike
disorder at Marlon. N. C., October 2,
were acquitted of second degree murder
today.
The verdict was returned at 9:32 a.m.,
the Jury having been out more than 22
hours.
The defendants, Webb Fender, Rob
ert Ward, Charles Tate, Taylor Greene,
William Twiggs, James Ownes, Broadus
Robbins and Dave Jarrett, shook hands
with the jurors and thanked them for
their verdict.
The trial grew out of a strike at the
Marion Manufacturing Co., mill, in
Marion, called by the Marion Chapter
of the United Textile Workers’ Union,
affiliated with the American Federation
of Labor, which aided in the prosecu
tion of the case.
Officers and strikers clashed after
loyal mill workers reached the mill to
take up their duties. The defendants
claimed that the strikers threatened the
workers, refused to permit them to en
ter the gate and fired.
700 SAVED IN BAY
AFTER FERRY CRASH
Bedlam of Signals Follows Ram
ming of New York Craft
by Car Float.
By the Associated Press.
NEW YORK, December 21.—Harbor
craft rescued 700 Christmas shoppers,
commuters and newly arrived immi
grants from the ferry boat West Point
last night after the ferry boat had been
rammed and disabled by a car float.
Three persons suffered minor injuries.
The ferry boat was crossing from the
foot of West Forty-second street, Man
hattan, to Weeliawken, N. J., directly
across the Hudson River. Unlike the
heavy fog which prevailed when the
liner Fort Victoria was rammed by the
Algonquin In the lower bay last Wed
nesday, the weather was clear and visi
bility good. The ferry boat was bril
liantly lighted.
In midstream the car float, which was j
being towed by a tug lashed alongside ■
of it, drove its prow into the port side |
of the ferry, tearing a hole, through.
which water poured into the engine
room.
The passengers, startled by the im- |
pact, rushed from the cabins as the
ferry boat's siren began to scream dis
tress signals.
Amid a bedlam of answering signals,
tugs and other ferry boats converged
upon the crippled craft. The towing
tug held the prow of the car float in
the gash in the side of the West Point,
reducing the flow of water and prevent
ing the ferry boat from listing.
As rapidly as they could be maneu
vred into position rescue craft were
lashed alongside and passengers assisted
off the West Point. The iarge electric
ferry boat Grenville Kane took 350 over ■
the stern of the West Point. A New
York Central tug made fast and its
crew helped men and women through
the shattered windows of the disabled
boat to safety.
The rescue work was accomplished
under the glare of searchlights trained
on tbs West Point by surrounding craft
MYSTERY SHROUDS
CRASH AT BOLLING
Special Board Learns Little
From Eye-witnesses, Whose
Accounts Differ.
The mystery of one of the most un
accountable crashes in the history of
the Army Air Corps probably will be
burled In the grave of Capt. Harry A.
Dinger, the pilot, who died with four
others, including Representative William
Kirk Kaynor of Massachusetts, when
a tri-motored Army transport plane
dove into the ground out of an ap
parently normal turn just after taking
off at Bolling Field yesterday.
Little headway has been made in solv
ing the cause of the crash by a special
Army board, appointed immediately
after the accident. This board spent
the whole of yesterday afternoon ex
amining the wreckage and hearing a
holf score of eyewitnesses’ accounts
from officers and enlisted men of Boll
ing Field and the Anacostia Naval Air
Station.
“We have no real clue as yet,” said
Maj. Robert A. Hale, chief of the board,
today. “We have heard the eyewit
nesses. but they have been able to shed
little light on what may have been the
cause. The eyewitness accounts differ
materially, as usually Is the case in an
accident occurring as unexpectedly and
swiftly as yesterday's crash.”
Board Continues Inquiry.
The board Is continuing the gather
ing of all possible evidence today and
may not reach the end of its investiga
tion for a day or two, Maj. Hale said.
A formal report on Its findings and con
clusions, if any can be drawn from the
evidence, wdll be submitted to the War
Department.
Those in the plane died Instantly and
the ship itself was so badly shattered
as to afford little information to the
experts who went over the battered
mass for clues.
Those who died in the crash, in ad
dition to Representative Kaynor and
Capt. Dinger, were Stanley B. Lowe, the
Representative’s secretary; Arthur A.
McGill, who was associated with the Re
publican national committee, and Pvt.
Vladimir Kuzma, aviation mechanic.
The details of the big plane’s take
off preceding the crash, as related by
eyewitnesses, apparently are in fairly
close agreement. After the motors were
warmed up and Capt. Dinger had sig
nified that he was satisfied with their
performance, the plane was taxied to
the northwest corner of the flying field
and turned into the wind, blowing at
about 25 miles per hour from the south
east.
The plane took off gracefully after a
short run and climbed steadily and
normally to an altitude, placed by eye
witnesses as between 300 and 400 feet.
At this altitude, while still over the
field, the plane “leveled off" in normal
(Continued on Page 2, Column 4.)
GRIM REAPER SETTLES
DISPUTE OUT OF COURT
Mother Collapses and Dies When
Judge Awards Property to Daugh
ter Despite Son’s Charges.
By the Associated Press.
CHICAGO. December 21.—The son
and daughter of Mrs. Bridget Cronin,
87 years old, went to law over their
mother’s property, and death won.
The son. Harry J. Cronin, wanted a
conservator appointed. The daughter,
Mrs. Agnes Mulvihlll, opposed it. She
denied she had “chained her mother to
a wheel chair,” as Cronin charged, and
she denied she had used undue influ
ence to obtain a deed to property from
her mother.
The court decided in favor of the
daughter. When she broke the news
her mother collapsed, and died yester
day.
IN THE
Christmas
Os Tomorrow’s Star
'j “Christmas at the Hoovers”—By Charlotte Kellogg.
“Christmas Dinners In the Old Dominion”—By Nancy Foreman Munce.
“Hope of the World"—A poem by Alfred Noyes.
“The Saddest Santa Clauses”—By Gilbert Swan.
“And on Earth—Peace” —Fiction, by Zona Gale.
“America’s Borrowed Christmas Customs”—By Myrta Ethel Cawood.
I “Hard-Boiled Santa” —Fiction, by Ruth Tuthlll.
“The Fourteenth Christinas” —By Fannie Hurst.
“Merry Christmas”—A full page of drawings, by Dick Mansfield.
Together With Many Other Features
In Tomorrow’s Star
I !
The only evening paper
in Washington with the
Associated Press news
service.
Yesterday’s Circulation, 110,963
(/P) Mean* Associated Press.
CONGRESS TURNS
TO 2 WEEKS' REST,
PROUD OE RECORD
Tax Cut, Hospitalization, War
Debt and Radio Bill Ap
proved at Session.
FEW MEMBERS ON HAND,
MEETINGS ABANDONED
Tariff Struggle Will Be Hesumed
by Senate When Recess
Ends January 6.
By the Associated Press.
Well advanced with Its program in
the first three weeks of the regular ses
sions. Congress turned happily today to
the Christmas recess and two weeks of
rest.
The pre-Christmas record shows four
major pieces of legislation already
enacted into law—the $160,000,000 tax
reduction resolution, the $16,000,000
hospitalization bill, the measure ratify
ing the French war debt settlement and
the bill extending indefinitely, the life
of the Radio Commission.
Satisfied with the accomplishment,
only a handful of members remained on
duty today to go through the formali
ties of quitting for the recess. It Is the
first real vacation for the Senate, which
is still in the throes of the tariff debate
it began last September, and no hope of
getting a quorum In that chamber was
entertained by leaders.
Hearings Abandoned.
Giving in to the yuletide spirit. In
vestigations, hearings and meetings of
all kinds were abandoned until the end
of the recess on January 6. Then the
Senate resumes the tariff struggle with
the pledge of all factional leaders to
sidetrack everything untU a tariff meas
ure is finally acted upon.
In addition to the legislation sent to
President Hoover, congressional leaders
pointed to another mass of problems
disposed of in the Senate and House.
The Senate has finally settled the
three-year-old claim of William S. Vare
of Pennsylvania to a seat, barring him
for expenditures of $785,000 in his pri
mary and refusing the 1926 election to
his Democratic opponent, William B.
Wilson. It has seated Joseph R. Grun
dy as a successor, but has yet to dis
pose of a contest against him.
Two judicial nominees—Albert L.
Watson for the middle district of Penn
sylvania and Richard J. Hopkins for
Kansas —have been confirmed after de
bate over protests on their right to
serve.
Acts on Nominations.
The Senate also acted upon a record
number of other nominations; adopted
the resolution of Senator Jones, Re
publican, Washington, authorizing the
Joint congressional committee requested
by President Hoover to study methods
of reorganizing the prohibition service,
and received some additional report
from the lobby committee on its exten
sive investigation.
The busy House also has a score. It
has sent over to the Senate the $230,-
000,000 public buildings measure, passed
the Interior Department appropriation
bill, and started the drafting of a
$7,000,000 prison reorganization and
construction program.
Also, Congress has sent to the White
House authorizations for additional ap
propriations to combat the fruit fly
pestilence in Florida and for $9,470,000
to build a Supreme Court building.
Satisfied With Record.
All in all, leaders were obviously sat
isfied with this record today, and some
declared it to exceed in accomplish
ments any previous pre-Christmas meet
ing of Congress.
But as they turned toward the Yule
tide merrymaking, the legislators looked
with some concern to the future. There
is little prospect of the Senate complet
ing the tariff before the end of January.
Then comes the contest between the
Senate and House to reach an agree
ment on the high protective tariff rates
approved by the Republican House and
the rates approved by the Democratic-
Republican Independent controlled Sen-
By the time the Senate and House
reach an agreement on the tariff, if
they do, the regular biennial primary
campaigns will be underway and the
elections well in sight.
- ... ... ■ i ■■■- ■ »
MEXICO HELPS MINERS
KILLED IN OKLAHOMA 1
Contributes SIO,OOO to Aid Fam
ilies of Victims Who Were
Her Citizens.
By the Associated Press.
OKLAHOMA CITY, December 21.
The government of Mexico has come to ■
the aid of destitute families of 61 min
ers, killed in a mine explosion at Me-
Alester Tuesday, by contributing $lO.-
000 toward the relief fund which,
through the aid of the radio, already
had reached national proportions.
The contribution from Mexico, an
nounced by H. Valdez, Mexican consul
here, brings the fund collected through 1
various agencies to approximately SSO,- :
000. The message to the consul here 1
stipulated that the funds were to be ap- 1
plied toward relief for families of Mexi
cans killed in the disaster.
TWO CENTS.
DECISION REACHED
TO CITE CHANCE
TO POLICE COURT
Trial Board Acts When He
Refuses to Give Further
Testimony.
QUINN MOVES TO GET
TESTIMONY THROWN OUT
Foreman of McPherson Jury Scores
Taking of Evidence He Say»
Has No Bearing on Case.
As a result of hi* refusal to testify
when he was recalled for cross-exami
nation today at the extraordinary police
trial of Inspector William S. Shelby
and Lieut. Edward J. Kelly, charged
with bungling the investigation of the
McPherson case, Merritt O. Chance,
foreman of the grand jury which criti
cized Shelby and Kelly, will be cited
in Police Court Monday for a rule to
compel him to complete his testimony.
As Chance left the trial board room
he was overheard to say that he was
going away for the Christmas holidays.
Chance was called to the witness
stand as soon as the trial was resumed
at 1 o'clock this afternoon and an
nounced that he would decline to testify
further.
Moves to Strike Out Testimony.
“In view of the action of the trial
board in permitting the district attor
ney’s office yesterday to give testimony
which I don't consider had any bearing
on the case," Chance declared, “I'm
going to refuse to testify any further.’’
Henry I. Quinn, counsel for Inspector
Shelby, immediately moved that all of
Chance’s testimony of yesterday be
stricken out qf the record. He said it
was of no value unless the witness could
be cross-examined. The prosecution,
through Assistant Corporation Counsel
Robert E. Lynch, registered a vigorous
objection.
The trial board then excluded In
spector Shelby and Lieut. Kelly and all
spectators from the trial board room
and went into executive conference
with prosecution and defense counsel.
A few minutes later the board sent for
Shelby and Kelly and after a brief con
ference with them the doors of the
trial board room were thrown open and
MaJ. L. E. Atkins, chairman of the
board, announced that the board would
cite Chance in Police Court on Mon
day for a rule to compel him to com
plete his testimony.
A representative of the district at
torney’s office, testifying yesterday, said
that Chance as foreman was “a mental
misfit, drunk with temporary authority,”
and that the July grand jury permitted
procedure that was “highly improper.”
Charges Made by Shea.
The startling charges against the ex
foreman and his Jury were made late
yesterday by Assistant United States
Attorney Walter Shea, called out of
turn as a defense witness because of
his desire to fill an engagement out of
the city.
Shea’s testimony was admitted in the
face of numerous legal skirmishes, dur
ing which the trial board was advised
by defense counsel of their intention to
show that Chance and the grand Jury
were “prejudiced.”
Chance, unaware of the accusations
made against him a few minutes before
by the assistant United States attorney,
was cross-examined for a short period
before the close of yesterday’s session.
No session of the board was held this
morning.
Former Policeman Robert J. Allen,
who yesterday changed his mind about
not testifying after retracting a state
ment tending to reflect on the board,
also is scheduled to be cross-examined
this afternoon. He was unable to con
tinue his testimony yesterday because
of a court case in Arlington County in
which he was the plaintiff.
Wrangle Over Methods.
The afternoon session closed in bitter
wrangling over the methods of defense
counsel in trying to wring an admission
frpm Mr. Chance that he had refused
to swear to perjury charges against In
spector Shelby when it was alleged he
was asked to do so by W. W. Bride,
corporation counsel for the District and
a member of the special board appoint
ed u) investigate the charges in the
grand jury report.
Mr. Chance, however, could not be
shaken in his persistent denial. When
finally allowed to answer, he said he
had refused to swear to the charges
and denied that Mr. Bride had made
any such request of him.
In its efforts to show that bias was
back of the grand jury report, the
defense questioned Mr. Chance at
length about the events leading up to
the Incorporation of the recommenda
tions of a committee of jurors that the
police officials "and others” be censured
for their alleged negligence in conduct
ing the McPherson case.
On the motion of one of the Jury
members. Mr. Chance said, a commit
tee of five was named to make a re
port “criticizing the police and others,”
but later he said he could not remem
ber whether “others” were to be in
cluded.
Denies Allen Swayed Him.
He was asked If the report had not
been based almost entirely on the testi
mony of Allen, and smilingly replied
that the former policeman’s testimony
had not Impressed him very much.
“Allen didn't make an attack on the
(Continued on Page 2, Column 8.)
■ 1 11 ■ ' ■■ ■
SANTA ANA IN TOW.
Freighter Sent SOS From South
west of Isle of Fines.
MIAMI, Fla., December 21 (JP). —The
Tropical Radio Station here received a
message about noon today, paying the
Santa Ana, believed to be a small
freighter bound from Seattle, Wash., to
Tampa, which broadcast distress sig
nals this morning from a position 130
miles southwest of the Isle of Pines,
was in tow of a rescue ship.
2 HURT IN TRAIN CRASH.
Freight Figures in Head-on Col
lision in Illinois.
FORREST, 111., December 21
Two trainmen were injured severely
and 20 merchandise cars were over
turned when a westbount Toledo, Peoria
& Western freight train crashed head
on into an eastbound train near her*
today.