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Evening star. [volume] (Washington, D.C.) 1854-1972, January 21, 1935, Image 1

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WEATHER. If The only evening paper
lulfi^t^flgss^sas-^ueh Ssd ^ in Washington with the
colder late tonight and tomorrow, with a M ■> ^ ^^k A ccnpinf-prl Prpcc Nptoc
cold wave, lowest temperature about 24 B H * k ■ B I ^F ASSOClated Jr reSo 1 cWS
degrees. Tcmperaturcs-Highest. 40. at KB B B Bf and Wll’ephOtO Sei'VlCeS.
noon today; lowest. 34. at 9 p.m. yes- ^^L^F J I ■
tcrday. Full report on page A-9. H * t wt CC out HIT
-. .— I satirdavs 174127 SINDATS 133 751
Closing N. Y. Markets, Pages 11,12 » 13 Some Returns Not Yet Received
No. 33,137. s\vSshiton.HjS.1 WASHINGTON, D. C., MONDAY, JANUARY 21, 1935—TWENTY-EIGHT PAGES. ***<*> M“"» Associated Press. TWO CENTS.
BANDITS KILL TWO MEN
IN ROBBING CHEVY CHASE
TROLLEY BARN OF $1,800
Blood Trail in
Snow Leads
to Body.
UNFIRED GUN
FOUND IN DESK
Robbers Believed
Familiar With
Operations.
(Additional Pictures, Page B-l.l
Two employes of the Capital
Transit Co. were brutally murdered
early this morning in a mysterious
hold-up and robbery in the street cat
barn at Chevy Chase Lake. Md„ on
Connecticut avenue. 2 miles from the
District line.
The dead are:
James M. Mitchell. 58. 2216 Thir
tieth street southeast, a depot clerk.
Emory Smith. 40. of Bcthesda, Md.
barn mechanic and watchman.
Mitchell was found on the office
floor with a bullet wound in his head
Body Found in Creek.
Smith’s body was discovered in Rock
Creek, almost a mile from the ear
barn. He had been shot and thrown
into the creek. His body contained
four bullets, one of them in the face.
The robbers got away with a sum of
money estimated between $1,700 and
$1,800. car barn receipts of the com
panv over late Saturday and Sunday.
First intimation of the tragedy rame
w hen Parker H. Hanna, an extra train
man. reported for duty at the ear
barn this morning at 5:20. He found
Mitchell dead.
In a nearbv room at the time of the
tragedy. F E Gregory, 1214 Evans
street northeast, was asleep on a
beneh. He said he had heard no
shots.
From known facts, it is judged that
the shooting took place between 4;30
U . ill LIU. iiiv* mill,.
I’nfired Gun Found.
In a desk under which Mitchell
Was found, an unfired gun told the
Story of a surprise attack.
When police arrived on the scene
Mitchell was the only accounted for
dead. Nearby an empty automobile
containing Smith’s overcoat set
volunteer searchers on the trail of
the second victim. He was found
several hours later shot to death by
the desperados.
D. S. Schmidt, superintendent of
transportation for the company, said
the robbery looked like the work
“perhaps, of a former employe" as it
was done apparently by some one
familiar with the surroundings.
Hanna found all the doors locked
when he arrived for work and broke
* glass pane to gain entrance.
C. H. Smallwood of Kensington,
Md., watchman at a nearby coal com
pany's office, thought he heard shots
and a scream. This was in the early
hours of morning.
Bullet Found in Desk.
One bullet penetrated a board di
rectly back of the desk where Mitchell
was found. Another bullet was dis
covered in the desk itself. Mitchell
undoubtedly was sitting at the desk
which contained his pistol.
From the time clock in the office
it was learned that Smith made his
last round at 4:30. With this as a
starting point, and the discovery of
Mitchell’s body at 5:20. it is evident
the affair took place within a period
cf 50 minutes.
Half an hour after the discovery
cf the crime, Kensington and Bethes
da residents went into action.
Volunteer firemen were called to
search the woods near the car barn.
When dawn cut into the fog. a trail
cf blood was discovered on the snow.
This led to Smith's body. It was
found partially submerged in the
waters of Rock Creek, some three
quarters of a mile from the car barn,
taken part of the way in a car. and
then dragged to the creek.
The mere fact that Smith was taken
(Continued on Page 2, Column 6.J
TAX SURVEY STUDIED
BY TREASURY .HEAD
Morgenthau Considers Report of
District levies—Confers
With Roosevelt.
Secretary of the Treasury Morgen
thau was understood today to have
given his personal consideration to
the completed District of Columbia
comparative tax survey over the week
end.
What disposition he will make of
ai__..... _j i_^
Secretary was a luncheon guest at
the White House and at 2 o'clock
was to be in conference with Presi
dent Roosevelt and others on holding
company legislation.
The Secretary recently announced
he would look over the survey during
the.week end and would transmit it
to the President as soon as it met
With his approval.
The survey was completed by the
Research and Statistics Division of
the Treasury Department under the
direction of George C. Haas.
Morgenthau was to be in confer
ence with the President at 2 o'clock
at the White House, with Attorney
General Cummings. Donald Richberg
and officials of the Federal Power
Commission and Federal Trade Com
mission.
■■■ .- • ■- --
Plane Passenger Rescued.
BRINDISI. Italy. January 21 (IP).—
An airplane containing one Persian
and two French passengers and a
French crew tossed for five hours on
a rough sea today, 30 miles from here,
following its forced landing, while
flving from Corfu toward Naples The
passengers and crew were rescued by a
motor ship.
)
JAMES M. MITCHELL.
EMORY SMITH.
New “Public Enemy No. 1”
Blazes Path to Freedom
With Machine Gun.
; (Copyrieht. lO.'to. by the Associated Press )
ATLANTIC CITY. N. J.. January
! 21.—Harry Campbell, companion of
Alvin Karpis. the Nation's “public
j enemy No. 1.” was reported today to'
have been seriously wounded in the j
machine-gun escape he and Karpis
; made from a police trap yesterday.
Hospitals were being watched and
a Washington order was issued plac
ing the offices of physicians known to j
; treat gar cers under close check.
Karpis .s a co-leadcr of the gang
which kidnaped Edward G. Bremer.
Authorities said they are certain
the two men are bottled up in At
lantic City, since highway bridges
connecting the resort island with the
! mainland are under heavy guard.
I Karpis was clad in trousers, slippers
j and an overcoat. Police said Karpis
j and Campbell probably would attempt
; to acquire more clothing to divert
1 suspicion, and asked that, a warning
be broadcast to clothing store oper
I n t Ko nn tho lonlrnnt fnr the .
! men.
Women Caught.
j The police learned their identities
j from two women companions seized in
' the raid on a little hotel. The women
; were listed as Dolores Delaney. 21, and
Winona Burdette, 22. also known as
i Mrs. Louise Campbell.
Shot in the leg the Delaney woman
was treated at a hospital where she
already had registered in anticipation
of childbirth. A detective's cheek was
gashed by a submachine gun slug.
Department of Justice agents
poured into Atlantic City with sub
machine guns and tear gas bombs.
"Shoot first and talk afterward” was
the advice from Chicago, where offi
cials thought Karpis might seek a new
hideaway.
"Shoot first and talk afterward”
echoed police wireless and telephone
typewriter alarm systems throughout
the East.
New York and Philadelphia police
guarded bridges and ferries leading
into those cities. State troopers pa- j
trolled the intervening highways.
Karpis committed a tactical error
when he came to Atlantic City—he
picked as a hideaway the resort with
the fewest exits of any important city
in the State.
Atlantic City is on an island and
only three highway bridges connect it
with the mainland. The alarm for the
fugitives was out before they could
have reached any of the bridges yes
terday.
Four Highways Out.
If Karpis and Campbell did get
across a bridge, only four highways
offered the Midwest gunmen well
marked trails to other possible refuges.
Two swing west to Philadelphia, one
north toward New* York and the other
^Continued on Page 2, Column 7.)
-•
PEN INVENTOR DIES
Paul E. Wirt, 85, Patented First
Self-Inking Quill.
BLOOMSBURG. Pa., January 21
(A3).—Paul E. Wirt. 85. attorney and
inventor of the fountain pen, died
early today.
Wirt started experimenting to make
a fountain pen as the result of the
constant annoyance of spilt ink on his
legal papers. He obtained a patent |
and in 1885 placed the pens on the j
market. They created a sensation j
and won prizes in several interna
tional expositions.
MINE BLAST KILLS
2; CAM 30
Poison Fumes Spread in
Colliery After Sixth
Level Explosion.
By the Associated Press.
GILBERTON. Pa . January 21—At
least two miners were killed and more
than 30 overcome by poison fumes to
day in an explosion in the Gilberton
Colliery of the Philadelphia & Read
ing Coal and Iron Co.
More than 200 men were at work in
the mine at the time, about 30 of
them on the sixth level, where the ex
plosion occurred. Nearly 100 men had
been removed three hours after the
blast. Of those overcome by “black
damp” some were in a critical condi
tion.
Rescuers said most of these were
rescuers or miners working on the
level above the spot where the blast
let loose.
Semi-official reports coming to the
surface said none of the men had been
removed lrom the explosion-torn sixth
level.
Officials of the Draper Colliery, a
mile away, reported "black damp” en
tering their mine.
The bodies of the two dead were
found about three hours after the ex
plosion. They were identified as Roy
Morgan and Richard Evans.
Rules That Prisoner Has Not
Exhausted Rights in
State Courts.
By the Associated Press.
Holding that Thomas J. Mooney
had not exhausted his rights in Cali
fornia courts, the Supreme Court re
fused today to review his contention
that he should be released from San
Quentin Penitentiary, where he is
serving a life sentence for complicity
in the 1916 San Francisco Prepared
ness day parade bombings.
This was the second time the high
court had declined to pass on the
merits of the controversy.
In an opinion read by Chief Jus
tice Hughes, the court gave its rea
sons tor refusing to interfere. Or
dinarily. applications for review are
passed on without explanation.
Had Sought Writ
The 51-year-old convict had applied
for a writ of habeas corpus to bring
his case before the high court for a
decision on whether California was
acting within her rights in keeping
him in prison.
■Reasoning from the premise that
the petitioner has failed to show a
denial of due process in the circum
stances set forth in his petition, the
(State) attorney general urges that
the State was not required to afford
Tcontinued on Page 3, Column 7.)
-•
Thieves Rob Three Stores.
CHICAGO, January 21 <£>).—'Three
robbers, a car. 5 minutes' work, total
loot S50.61. Three Loop restaurants,
seven blocks apart, were held up Sat
urady by fast-moving robbers. At
6:05 a.m., $12; at 6:08, $25; at 6:10,
$13.61.
General Cold Wave Warning
Speeds Snow Removal Effort
A general cold wave warning today
sped the work of eliminating slushy
remnants of Saturday's snow in ad
vance of freezing weather.
Tomorrow night should be the cold
est of the season, according to Weather
Bureau officials, who are predicting the
approach of a frigid wave expected to
sweep most of the United States east
of the Rockies.
Three hundred District workmen are
completing the clearing of important
intersections, hills and gutters near big
catch basins. They probably will be
aided by thawing rain this afternoon
and early tonight.
The local forecast calls for rain, fol
; lowed by colder weather and clearing
j skies late tonight and tomorrow.
The mercury is not expected to go
* t
below 24 degrees tonight, although it
will be much colder tomororw.
The general fog which accompanied
today’s thawing temperatures had
grounded all passenger airplanes in
this section. Pilots at the local air
port hoped for a break in the fog late
today. The mercury has been rising
slowly since early yesterday.
The coldest spot on the weather
map today was Devils Lake, N. Dak.,
•where 32 degrees below zero was ex
| perienced. The cold was moving east
! ward from the Rockies and should
reach all parts of the United States.
| with the possible exception of New
l England and Southern Florida.
This is a condition seldom seen at
! the Weather Bureau, now issuing cold
| wave warnings over the entire area.
Weather men here expected the
I rains and thaw to dispel the wet snow
, before the cold strikes Washington.
WORK RELIEF RILL
INTRODUCED AFTER
SECRET UEARINGS
$4,000,000,000 Measure
Confers Wide Powers
on President.
RULE MAY BE INVOKED
TO LIMIT ARGUMENT
Expenditure of Vast Sum Left to
Discretion of Roosevelt—House
Test Due Tomorrow.
The $4,000,000,000 work relief bill
was introduced in the House today by
Representative Buchanan, chairman
of the House Apporpriations Com
mittee.
Approval came after short hearings
at which Secretary of the Treasury
Morgenthau. Acting Budget Director
Daniel W. Bell and Rear Admiral
Christian J Peoples, thief of the
! Treasury’s Procurement Division, tes
tified. The session was secret.
The Democratic leaders of the House
plan to bring the bill up for consider
ation probably tomorrow. The formal
report on the bill will be made by the
Appropriations Committee at that
time. The Committee on Rules had
until midnight to file a special rule
under which the bill is to be consid
ered. This rule will have the effect
cf limiting amendments and debate.
$880,000 Asked at Once.
In addition to the $4,000,000,000
lump sum requested by the President,
the bill provides for the transfer of
$880,000 from previous appropriations
for relief to become immediately avail
able for relief work until the program
is put into operation.
The administration's bill gives the
President wide powers in the handling
of the S4.000.000.000. It provides that
this sum shall become available imme
diately and remain available until
June 30, 1937. It sets forth that the
money shall be "used in the discretion
and under the direction of the Presi
dent, in such manner' and for such
purposes as shall be necessary to bring
about relief and employment. The
bill carries a list of projects for which
the money may be used, but specifically
states that it shall not be limited to
them.
Included in the list of purposes for
which the money may be expended are
slum clearance, rural housing, rural
electrification, reforestation, soil ero
sion, blighted area and sub-marginal
land reclamation, improvement of
road systems and construction of na
tional highways, grade crossing elim
ination. Civilian Conservation Corps
works, “and other useful Federal or
nnn-FpHnrnl urnrlr *•
All Territories Included.
The objectives of the bill are de
clared to be relief front hardships at
tributed to unemployment, relief from
economic maladjustment, the allevia
tion of distress and the improvement
of living and working conditions.
The appropriation is to be available
for use in the United States ahd all
its Territories, including the Philip
pine Islands.
The President is given authority to
establish and prescribe the duties and
functions of governmental agencies,
including corporations. He also is
authorized to utilize and prescribe
(Continued on Page 2, Column 1.)
HIGH COURT TO RULE
ON RECOVERY ACT
Promises to Review Decision by
Alabama Judge on Timber
and Lumber Industry.
By the Associated Press.
A direct _ ruling on the constitu
tionality of the national industrial re
covery act was promised today by the
Supreme Court.
It agreed to review a decision by
Federal Judge W. I. Grubb of the
Northern Alabama Federal Court
holding invalid both the recovery act
and the code of fair competition for
the timber and lumber products in
dustry
This case—against William E. Bel
cher. Alabama timber producer and
manufacturer—was selected by the
Government to test its authority over
labor's hours and wages through the
code structure. Approximately 600
codes have been negotiated.
Already the high court has held
unconstitutional section 9 (Ct of the
recovery act, under which the Gov
ernment was regulating oil produc
tion. It ruled Congress had dele
gated too much authority to the
President. Belcher was indicted for
violating the lumber code. The Gov
ernment contended he had permitted
employes to work more hours per week
or at less than the minimum hourly
wage provided in the code.
BOY SHOT SAVING DOG
COLDWATER. Mich.. January 21
(4s).—The love of a small boy for his
dog brought death to 10-year-old
Gerry Paul Donnel yesterday.
Gerry and his brother James, 14,
who lived with their widowed mother
on a farm near here, went looking for
rabbits in the woods nearby. James
carried his .22-caliber rifle, and
Gerry's pet dog trotted along.
Suddenly the boys saw a small ani
mal come bounding toward them.
James raised his gun to fire. It was
Gerry’s dog.
Guide for Readers
Page.
Amusements .B-12
Comics .B-9
Features .B-8
Finance .A-ll-12-13
Lost and Found.A-9
Radio .A-ll
Serial Story .B-7
Service Orders.B-6
Short Story . A-ll
Society .B-2
Sports ..A-14-15
foHxm\v
I THANKS FOR
\ THEM KINO
\WOROS
I
10 FE 2 BOYS
Judge Bentley Contends Evi
dence Forced Terms in
Auto Theft Case.
Citing 12 grounds for his action
Attorney Ralph A. Cusick this morn
ing filed in Juvenile Court a motion to 1
vacate and set aside judgment of the
court in the cases of William Fred- *
erick Fanning and Arthur Thurston
Penn. The boys were committed Sat
urday to National Training School for
Boys during their minority on charges
of stealing an automobile. They are .
each 15 years old.
A hearing on his motion will be held
tomorrow morning. In the event it
is disallowed, Cusick said he would
appeal to the District Supreme Court j
for writs of habeas corpus under j
which the boys might be freed 1.
Cusick’s argument in favor of the
motion includes:
1. That the defendants, of imma
ture years and understanding, were
not advised as to their constitutional
rights.
2. That the defendants were not
advised as to their right of having
counsel.
3. That the defendants were not
arraigned. i
Claims Charge Not Read.
4. That the defendants did not
have the offense with which they were
charged read to them.
5. That no trial was had.
6. That no offense or case was
proved, or attempted to be proved
against them and they were not ad- |
vised that they were entitled to such
procedure.
7. That no opportunity was given !
to the defendants or their parents to !
be heard.
8. That no opportunity was given
to the defendants or their parents to i
be heard before sentence was pro- |
nounced
9. That the defendants were de- i
pnvea oi tneir riem.s to wnicn iney
were entitled under the code of laws j
for the District of Columbia, title 18, !
page 175, section 262.
10. That the docket fails to show ■
an entry that a trial was had.
11. That the defendants, if guilty
of any offense, were guilty of a felony
and not as charged in the informa- ■
tion.
12. For the reasons apparent from
the facts set forth in the attached
affidavit.
Upon filing his motion with Assist
ant Corporation Counsel Mae Helm
Cusick conferred at some length with
Miss Helm and Corporation Counsel !
E. Barrett Prettyman. No statement
was issued following their conference.
Complaints against Judge Bentley's '
decision in the case will be laid before
the special Crime Investigation Com- :
mittee. of which Representative Jen
nings Randolph of West Virginia is I!
chairman, in an executive session Jo- j
night. |
Chairman Randolph said today that j,
he and other members of the com- .
mittee of seven have received re- j
peated complaints which will be con- i
sidered at this evening's session.
He said that he is not prepared off
hand to discuss the merits of the case,
but believes that complaints when
made in good faith by citizens of the ,
District to members of the District ,
Committee in their capacity as legis- ,
lators for the local government should
be given serious consideration and at
tention.
Fish Plans Study.
Representative Hamilton Fish. Re
publican, of New York, said today that
an impartial study should be made of
the charges in the case and that if
the facts were borne out. he would 1
offer a resolution in the House to re
move Judge Bentley from office. Other
members of the House believe, how
ever. that Judge Bentley should not
be condemned until an opportunity
had been afforded for finding out how
much more there may be In the case ,
than has been disclosed. For this
reason they are ready to support a '
careful study by a proper subcom- i
mittee of Committee of the House. j
Mrs. Roosevelt, at her conference
with newspaper women today, was ;
asked to comment on the case. She ,
said:
"I have enough confidence in Judge ]
Bentley to feel she would not have ,
committed the children if she felt i
their parents were able to deal with ]
them.” j
Meanwhile, Judge Fay Bentley, who ]
committed the boys, explained her i
action by saying “the only service ]
this court could perform for those ]
boys was to give them the training <
opportunity of the National School. I
was well acquainted with the facts of ;
this particular case and the back- ]
ground of the boys. Evidence was ]
~tContinuea on Page 2, Column 1.). i

Gold Killing Put Off
Until February 4tb
As Court Recesses
By the Associated Press.
The Supreme Court recessed 1
today until February 4 without |
ruling on the constitutionality of
gold payment suspension legisla
tion.
A decision on that date was
generally expected.
The question is whether the
Government acted with consti
tutional authority when, in going
off the gold standard, it wiped
out the clause calling for the pay
ment of about $100,000,000,000 of
obligations in gold or its equiva
lent.
Whether the court will split up
along the familiar "liberal-con
servative" lines is a subject of
much speculation. While no one
except the justices themselves can
know how the decision will go,
past cases led some observers to
believe that Justices Brandeis,
Stone and Cardozo might be
more apt to uphold abrogation
of the clause than Justices Van
Decanter. McReynolds, Suther
land and Butler.
FAR FROM SIRS
Nith Nearest Vessels Una
ware of Plight, Crew Quits
Burning Craft.
5y the Associated Press.
NEW YORK. January 21.—Flames
•aged aboard the tanker Valverde
1.000 miles east of Florida's southern
ip early today while the only vessels
n the vicinity could not be summoned
o the rescue until their lone wireless
pperators resumed their posts.
Two warships and four other vessels,
neanwhile, rushed toward it, 1 with the
10.000-ton British cruiser Frobisher j
predicting the earliest arrival at the
icene—midnight tonight.
The fire, which started in the en- |
;ine room, had burst through the
leek when the Valverde's operator ;
ient an appeal for aid at 2:10 a.m. ]
iEastern standard time). The crew
vas fighting desperately to keep the
plaze from reaching the full cargo of
[uel oil. t
Flames Gaining Rapidly.
Only two lifeboats were left, the
iperator said, and he did not know
low much longer he could hold out.
"Flames coming up on deck," he
virelessed. "Keeping headed into
vind to keep fire from cargo. Burn
ng fast."
The Valverde sent its first SOS
hortlv after midnight.
Shipping men believed the British |
anker Inverardcr and the freighter 1
jtgarto. out of Glasgow, were near the j
'aiverde's isolated position, half way J
ictween Bermuda and Puerto Rico. 1
5a ch carries only one wireless op- !
rator, however, and he was off duty |
luring the night.
36 Reported on Board.
Glasgow reported the crew list of
he tanker shows 36 men were on
ioard when she sailed. The master
s Capt. T. C. Thomas.
An early message said the flames
irere approaching the ship's boiler,
oom threatening to disable the ves
el entirely. The SOS said it was
n route from Curacao to Hamburg.
PAY RESTORATION
GETS STRONG PLEA
Spokesmen for Various Gov
ernment Workers’ Groups
at Senate Hearing.
A strong plea for restoration of the
remaining 5 per cent of the Govern-1
ment pay cut. as of January 1. was
made before a Senate appropriations
subcommittee today by spokesmen for
the \arious groups of Government em
ployes.
The subcommittee, headed by Sen
ator Adams. Democrat, of Colorado, i
may meet again this afternoon or to- i
morrow to decide whether it will in- ,
elude Senator McCarran’s pay restora-!
tion amendment in a deficiency
measure now pending. An early de
cision is looked for. because the sub
fnmmittpp Vine hpfnrp Tt a irvint
tion carrying funds, which must be
passed on by Congress immediately to
provide for operating expenses of sev
eral Government commissions for the
next five months.
Among Those Present.
Among those who appeared before
the subcommittee to urge pay resto
ration action were Luther C. Steward,
National Federation of Federal Em
ployes: William C. Hushing. American
Federation of Labor; E. Claude Bab
cock. American Federation of Govern
ment Employes: M. T. Finnan. Na
tional Association of Letter Carriers:
N. P. Alifas. Metal Trade Department
of Organized Labor. A score of others
were present representing other or
ganizations, including Frank Coleman
of the Central Labor Union and a
representative of the National Customs
Service Association.
Others Participate.
In addition to Senator Adams, those
who took part in the hearing and
asked questions were Senators Glass
of Virginia. Harden of Arizona. Byrnes
of South Carolina and Hale of Maine.
Mr. Hushing told the committee the
American Federation of Labor is
strongly in favor of Government pay
restoration because it is essential in
promoting recovery and because what
the Government does is an example to
industry. Hushing placed in the rec
ord a letter President William Green
of the A. F. of L. wrote to President
Roosevelt on the pay question, togeth
er with President Roosevelt's reply,
dated January 7. Hushing said the
President's reply, in substance, was
that the economy law prohibited him
from restoring the basic pay at this
time. Hushing told the committee
that he interpreted the President's let
ter as indicating he would not be
averse to action by Congress on the
question.
The letter from the President to
Mr. Green read, in part, as follows:
“I am in full agreement with your j
contention that employes of the Fed- j
eral Government should not be de- i
barred from enjoying the increase in
(Continued on Page 2. Column 8.)

VATICAN PLANS BUREAU
Press Agency Will Be Started
Soon, Says Pope.
VATICAN CITY. January 21 <A>).—
The Vatican is about to establish a
press bureau, it was learned today.
Although the idea had been spumed
for many years, it will soon be put
into effect. The Foreign Press Asso
ciation of Italy requested Pope Pius
to make this change when he received
its members at the conclusion of the
holy year.
Infection Causing 110-Degree
Temperature Fatal to Boy914\
An infection of unknown origin
hat sent the body temperature to 110
legrees—an extraordinary height—
:aused the death yesterday of John
jee Hyatt, la-year-old student of Paul
Funior High School and son of Carl
3. Hyatt, attorney in the Department
if Justice.
Young Hyatt was stricken with a
ligh fever Thursday, and, after a
onsultation of physicians, he was
aken to the Homeopathic Hospital,
3r. William Arthur Shannon diag
losed the case as streptococcus in
ection, which usually results from a
round. It was this type of infection,
esulting from a chafed blister on the
oot, that caused the death of Calvin
3oolidge. jr.
No Injuries of any kind could be
ound on the body of the Hyatt boy.
lowever. His temperature rose rapid
y. Dr Shannon said today the fever
eached 1071- degrees Saturday.
*
The temperature chart at the hos- ■
pital shows that yesterday the youth's
temperature shot up to 110 degrees
Nurses at the hospital got identical
readings with several thermometers,
which were known to be accurate.
The temperature was taken in several 1
ways and the results always were the
same.
Medical annals are said to record
a few cases of temperatures as high ■
as 110 degrees^such figures some
times resulting from sunstroke.
Blood tranfusion was resorted to in
a desperate effort to curb the infec
tion, but in vain.
The boy’s body will be taken to
Asheville, N. C.. where he was bom.
His parents came to Washington from
Asheville, where the father formerly
was a judge of the Juvenile Court. 1
He was connected with the Children’s 1
Bureau of the Department of Labor
before being transferred recently to j
the Justice Department.
f
BRUNO’S ASSETS
INCREASED MS
AFTER KIDNAPING,
EXPERT TESTIFIES
Treasury Agent Gives De
tails of Family Financing
as Justice Trenchard Has
Testimony Repeated.
“THIS MAY BE OF GREAT
IMPORTANCE,” HE SAYS
Reilly, in Cross-Examination of
Witness, Brings Out Account
When Closed Was Within $50
of What It Was When It Was
Opened.
BI LL! TIN.
FLEMINGTON. N. J. January
21 <1Pi.—Defense counsel moved !< r
mistrial in the case of Bruno Rich
ard Hauptmann, being tried for
murder in the Lindbergh kidnap
ing.
Justice Trenchard denied the mo
tion treating it very casually.
The motion eamc after Attorney
General David T. Wilentz had re
ferred to a purchase of aviation
stock by Hauptmann.
Chief Defense Attorney Edward
J. Reilly charged that Wilentz
had admitted that the intention
of his question on the aviation
stocks, in which he brought in the
name of Col. Charles A Lindbergh.
was intended to let the jury know
that the father of the kidnaped
child was interested in aviation.
(Copyright. 10.15 by the Associated Press.»
FLEMINGTON. N. J.. January 21—
\ Government accountant testified to
iay that Mr. and Mrs. Bruno Richard
Hauptmann's assets swelled $44 486
after the futile $50,000 ransom was
said for baby Charles A. Lindbergh, jr.
The State, which accuses Haupt
r.ann of kidnaping and murdering the
Lindbergh baby, also brought to a
Jriveway near the court, ready to show
:o the jury if the court permits, the
iutomobile in which Hauptmann was
alleged to have been seen near the
Lindbergh home on the day of the
tidnaping. March 1. 1932. One wit
ness has testified he saw a ladder in
the automobile.
To Refute Fisch Link.
The State also announced Itself
ready to refute any further attempt
on the part of the defense to implicate
the dead German furrier, Isador Fisch.
in the kidnaping and murder or col
lection of the ransom. A New York
attorney. Albert D. Kurtz, the prose
cutor said, has a diary showing that
he and Fisch were together the day
af the kidnaping.
Hauptmann claimed on his arrest
that S14.6QO ransom money found in
his garage had been given to him by
Fisch for safekeeping.
A defense announcement on the
same point was to the effect it had in
formation Fisch used the name of
"John'’ when he went back to Ger
many to die of tuberculosis. A wom
an giving this information. Mrs. Curt
Schwarz, a Bronx housewife, has not
promised to testify, however.
Mrs. Schwarz was quoted bv a de
fense investigator as saying Fisch also
wrote she and her husband, signing
his name as "John.”
The man to whom the ransom money
was turned over in St Raymond s
Cemetery, the Bronx, by Dr. John F.
Dr. Condon has sworn this was Haupt
mann.
A puzzling development of the day
was a report to police by a youth
named Robert Grant. 18 at Hastings
on-Hudson. N. Y.. that he had been
kidnaped by two men who threatened
to hold him as a hostage to prevent
testimony for the defense by a man
named Manly. Grant told the police
he had furnished Manly’s name to the
defense.
The figure on Hauptmann assets
given to the jury by the Government
accountant. William E. Frank. Treas
ury agent, included the $14,600 found
in his garage and S120 in gold coins
found in his home in the Bronx’.
Justice Thomas W. Trenehard sur
prised the attorneys by ordering the
court reporter to repeat the amount
of the assets, $44,486. noting it, and
remarking:
“This may be of great importance
to me.”
Lessons in Margins.
Frank's testimony that three broker
age accounts of the Hauptmanns
jumped to stock purchases of $256,
442.15 in 1933 caused the defense to
bring out on cross-examination a les
son in margin dealings.
Frank testified Hauptmann began to
deal on margin in 1930. and the de
fense elicited from him acknowledg
ment that the books of a stock margin
account would not show the money
actually put in—that is. that it would
not show the amount of the pur
chaser's equity in the account.
Attorney General David T. Wilentz
brought out from Frank testimony
that the $44,486 was exclusive of any
cash loans made by Hauptmann.
Hauptmann said after his arrest
:hat he had loaned the dead Lsador
Fisch $7,500. He also said that Fisch
lad given him the ransom money for
safe keeping and that, because of
:he unpaid loan, he had begun to
ipend it without knowing what it was.
It was Hauptmann's expenditure of
i ten-dollar gold note, a ransom bill,
'or gasoline, that led to his arrest
n the Bronx, and to his subsequent
ndictment as the kidnaper and mur
lerer of the Lindbergh baby.
Frank gave this account of Haupt
nann s stock purchases from 1929 to
.934, with 1930 omitted, and three
ieparate accounts (Hauptmann, Mrs.
Hauptmann. Mrs. Hauptmann in
naiden name) being considered after
932:
1929—$1,196.
1931— $2,836.
1932— $4,905.25.
1933— (three accounts). $256,442.15.
1934— $10,982.55.
Frank said there was also one small
■ommodity account in 1933 for which
ie had no figures.
Reilly brought out in cross-ex
imination that Hauptmann and his
.(Continued on Page 2, Column 3.)

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