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PLEA OF BEARD U. S. Claims Indictment for Gambling Not invalidated by H. 0. L. C. Loan District Supreme Court Justice Os car R. Luhring yesterday took under advisement the attack made by Sam Beard and 12 associates on an indict ment charging them with violating the gambling laws. Beard and the other defendants, through Attorney John R. Sirica, con tend the indictment is invalid because one of the grand jurors, Mrs. Elizabeth Downey, 7107 Georgia avenue, had borrowed money from the Home Own ers' Loan Corp., thereby disqualifying herself as a juror in a criminal case. The Government’s reply, presented by Assistant United States Attorneys John W. Fihelly and Roger Robb, was based on two theories. First, that the borrowing of money from the H. O. L. C. was not such a contractual relationship with the Government as has been held to disqualify a juror. The second ground was that a re cent act of Congress provided that the disqualification of one or more grand Jurors would not invalidate an indict ment provided at least 12 duly quali fied jurors voted for it. Judge Luhring is expected to pass first upon the qualifications of Mrs. Downey and then upon the constitu tionality of the congressional act. OIL MEN WARNED AGAINST U. S. RULE Petroleum Institute Official Urges Code Be Supported “Until You Can Change It.'’ Mr the Associated Press. DALLAS, Tex., November 13.—Wil liam R. Boyd, jr., executive vice pres ident of the American Petroleum In stitute, advised the oil industry todaj to support the petroleum code "until you change it,” but warned against Federal control. Speaking especially to refiners at tending the institute’s annual meet ing, the chairman of the Refinery Board of Review under the oil code, said Government permission under proper supervi#cn to do something is desirable, "but Government com pulsion to do the same thing is an other story.” Boyd said the present refinery pro gram is not essentially Federal con trol, but was "really largely Federal supervision of a permissive, co-oper atively operated program of control which, without the sanction of the N. I. R. A., would not be possible legally.” Boyd said he did not be lieve “it is now or will ever be desir able or necessary from any point ol view for the petroleum refining in dustry to surrender voluntarily ant permanently to the Federal Govern ment the control of its own busines: merely to get rid of troublesome com petitors or to attain relief from it: own chiselers and its own passions.’ GROUP TO HEAR SPEAKEF Bacteriologist Branch Will Mee' Next Tuesday. N. R. Smith and L. S. Stuart of th< Department of Agriculture and Dr J. G. Wooley of the United State: Public Health Service will speak at t meeting of the Washington branch o: the Society of American Bacteriolo gists Tuesday, November 20, in th( new laboratory of the National Insti tue of Health, Twenty-fifth and I streets, it was announced today by R R. Spencer, president. Woman, Aged 125, Dies. KETCHIKAN, Alaska. November i; (**■ —Mrs. June Starish of Saxmai Village, near here, who Thlinget In Ilians said was 125 years old, died yes terday. She was believed the oldes member of the tribe. .A A A_ ^A_A_A_A_1 CHAPTER XXXin. LON’S BIG NEWS. MARIAN was serving the des sert when Lon drove in, hailed tiiem aU with a laugh, kissed Marian’s unresponsive cheek, quickly turned so the caress landed on the tip of her ear, and asked for food. “Talk about starved,” he said, “I dashed out of here this morning with nothing but a cup of coffee and a slab of bread and butter under my belt, played 18 holes, and then had to sit in on a business conference.” “Do you call dining with Silver Hondon a business conference?” asked Marian, making no move toward the kitchen. “What do you mean?” he asked. "Silver telephoned here half an hour ago. Told us to go ahead with dinner, as you were staying there.” “Oh, did she?” asked Lon with in terest, “well they did try to make me stay, but I balked. I would have called you myself, only Silver said McSwain was expecting a long-dis tance call and they were keeping the wires cleared.” Marian believed him; that was what Silver would say and do. She served his dinner while he cleaned up, looked at him as he came in. He was happy. His face was shining with soap-and-water and small-boy satisfaction. His hair was slicked back like that same small boy’s on Sunday morning. He delved into his dinner with an energy that left neither time nor room for talk, and when he had reached the coffee and cigaret stage, accompanied them to the patio. He pulled Marian down beside him on the swing seat. “When you hear what I have to tell you. you’re not going to look at me like I’d been steal ing jam,” he teased. “Better spealrup, then.” said Steele, “you're in the dog house as far as I'm concerned, too.” “It happened this way,” Lon began. “When I met the other three at the club house, McSwain said he wanted to see me after the game. Silver had driven the others over, but she didn’t come back, so McSwain had me drive them all to his house. When we got there Mb asked me to wait while he changed. Silver came in to entertain me while I waited, and it was then I asked to use the telephone to call you. “It took McSwain nearly an hour to perfect his sartorial elegance, and when he did appear I was about ready to call quits. And then he started talking. Ian. McSwain has been called out of town, to take over another building, and I'm to take full charge of the East Brazos, and have a raise in salary, right away. Now what do you think of that?” He looked around. Steele and Anne seemed satisfactorily impressed, though Anne looked a little dubious. He turned to Marian. She was silent, apparently preoccupied. Lon didn't press Marian for a reply, but after Anne and her husband had left he turned to her. “Now what's wrong?” he demanded. “I don’t like it, Lon,” she answered. “Don’t like what?” he asked. “I don’t like McSwain’s moving out and leaving the responsibility of the East Brazos on your shoulders.” “You mean you don’t think I'm capable of handling It?" he added bitterly. “No,” she countered. “I mean I don't trust McSwain.” "Oh . . . that." He dismissed her remark as having no significance, but added, “I didn’t suppose I’d receive any encouragement from my wife.” And when Marian didn’t reply, “I suppose you’re peeved because I stayed over there and didn’t call.” “Please, Lon,” she dreaded another argument, “let's not discuss It. You know how I feel about Silver and about McSwain. I can’t blame you for Silver’s lies, nor for McSwain’s lack of honesty . . . but, oh, Lon,” she stopped on her way to the kitchen with a stack of dishes, “do be care ful.” “Careful?” There was a bit of a sneer In the word. “Ian, If I didn’t love you, I’d think you were a little off on some subjects.” The thin veil of suspicion which had been spun the previous week was again dropped between them. Lon went to the patio with the Sunday papers and his pipe, and did not offer to help Marian with the dishes, a Sunday custom. And Marian, care fully dousing the precious ware In sudsy waters, scalding the foam from each piece and polishing it carefully, stretched her task to the limit of Its time. At length she joined Lon, sitting quietly, looking out into the dusk, wonder and worry In her mind. What was McSwain planning to do with Lon? What would she do if she were in his place? “By the way, Ian,” Lon looked up from the sporting sheet, “I stopped by Waki's and told him not to come up tomorrow. McSwain's sending a broker down to see me. He’ll buy the crop right on the tree and send his own pickers to take care of it.” Marian caught the retort which rushed to her lips by pressing them firmly together. She waited a few moments, then, sure she had her voice under control, “I don't suppose you’ll mind If I have him here to help me in the garden." “Won’t need him," answered Lon, turning back to his newspaper. “Mrs. Hondon’s head gardener will be over in the morning to give you all the help necessary. He’s really McSwain's gardener, in case you object.” He stopped to look at his wife in surprise. “Lon,” Marian was on her feet, a white anger searing her mind, her heart beating in thumps which seemed to shake her entire body, “I will not have a servant of McSwain’s on these grounds while I am here.” “He’s coming in the morning.” “Lon,” she went over to him, “if he comes I leave. That’s final.” “You mean you’ll stay away while he’s here? Oh, Ian, why can’t you be sensible.” Marian hesitated a moment. Should she tell him she was having Waki there to protect her from McSwain’s servants? No, he’d tell McSwaln. It was better that he think she didn’t know she was being watched. “Lon, I mean this. This is our home. You have your work, I have mine. Mine is here in the house and in the garden. I’m not trying to hire the men with whom you work. I de mand the privilege of hiring the serv ants with whom I work. If you can’t allow me this right, then I’m . . . through.” "I don’t suppose it occurs to you that I own this place.” "You don’t,” she retorted, “you’re in California. We own this place. There is a community property law which gives me the right to half of it, and I’m telling you this. As long as I live here no McSwaln servant sets his foot on this property. I have a revolver. Capt. Lane of the pistol squad taught me how to use it. I won’t hesitate to use it.” “Oh, for the love of Mike!” Dis gust, beneath which was a fully aroused fury, coated the light slang expression. “Imagine coming home to this.” He stalked into the house, grabbed sweater and cap, stalked out, whistled to the dog, Jumped into the car and drove off. Marian. her temper checked, watched him go. longing frantically to reach out and clutch at his arm, his sweater, anything to hold him there where they could talk ... could reason. And then the sound of the motor died away In the distance. She was there alone, completely alone. Why hadn’t she controlled her tongue? Why couldn’t she have talked to him reasonably, told him she preferred Wakl because she'd known him for so many years? She knew why she had been able to do neither. It was because she could see Lon responding to McSwain’s advice like a tautly strung harp to a master hand, because McSwaln had now suc ceeded in having a close watch placed over her movements under the guise of generosity In loaning Lon the Hon don’s head gardener. And then her mind reverted to the question that had been worrying her before Lon spoke. Why was McSwaln placing him In charge of the build ing? She doubted that he was going out of town on business . . . but how could she impress Lon with his dan ger? She went in to bed, and lay staring at the opaque oblong of the window. Would Lon go to Silver’s house? Was he sitting there now with her? Tomorrow, Marian Sees How Clever Her Antagonist Is. HONEYMOON PLANNED DuLe of ILent and Marina to Visit in Dudley, Worcestershire. LONDON, November 13 tP).—The Duke of Kent and Princess Marina of Greece, after their marriage at West minster Abbey on November 29, will spend the first part of their honey moon at Himley Hall, Dudley, Wor cestershire. This is the family seat of the Earl of Dudley, well known Industrialist, set on a 30.000-acre estate. The young couple Is expected to join the King and Queen at Sandringham for Christmas, and then complete their honeymoon on the continent. PRESS MEET DELAYED Australian Congress of World Put Oft as Inadvisable. COLUMBIA, Mo., November 13 (JP). —A meeting of the Press Congress of the World, scheduled for Maroh 27 to 30 In Melbourne, Australia, has been indefinitely postponed. Dr. Walter Williams, president of the University of Missouri and honorary president of the congress, announced yesterday. 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