The Washington times. [volume], October 14, 1930, Page 3, Image 3

About The Washington times. [volume] (Washington [D.C.]) 1902-1939

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JACK ‘LEGS’ DIAMOND FIGHTS FOR LIFE, SWEETHEARTS HELD
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MARION ROBERTS
TRIAL JORY
TEST SOON
Opposing counsel are making
last minute preparations for a
bitter battle to be waged before
the United States Supreme Court
next Monday, the outcome of
which will have an important
bearing on District motorists’
cases.
The primary question involved
in the proceedings is whether a
motorist, accused in Police Court
of reckless driving, is entitled to
a trial by jury.
Test Case Up
A little more than a year ago
William H. Colts was arrested on
a charge of reckless driving on
O Street Southeast. When
brought ’ before Judge John P.
McMahon in Police Court, the
accused demanded a jury trial,
which was refused, and within
five minutes he was found guilty
of the charge.
Assistant Corporation Counsel
Robert E. Lynch, who will appear
before the Supreme Court as Dis
trict counsel, contends that Judge
McMahon was not in error when
he declined Colts’ demand ror a
trial by jury.
D. C. Law Cited
Lynch points out that, under
the District code, it is specifically
stated that where the penalty in
volves a fine of SSOO or 100 days
In jail, a person is entitled to a
jury trial, but when the offense
Involves a SSO fine or 15-day sen
tence, one is not entitled to a jury
trial. The penalty for conviction
on reckless driving calls for a SIOO
fine or 30 days in jail and falls in
a class between the two defined
in the code. But Lynch contends
the penalty is not sufficient and
the type of offense not a nature
to warrant a jury trial.
On the other hand, the Dis
trict Court of Appeals has de
cided that reckless driving is a
crime at common law and that,
consequently, one accused of it
is entitled to a jury trial.
Old Case Recalled
In so deciding, the appelate
court held to an opinion rendered
more than 100 years ago, which
was cited by Colts’ counsel,
Harry T. Whelan and William
O’Connell. This case, the United
States vs. Hart, originated in
Philadelphia as a result of a
constable stopping a mail coach
which was being driven “so as to
endanger the lives and safety of
citizens” at a “speed of eight
or nine miles an hour.”
The constable was accused of
retarding passage of the mails.
But the court held that the con
stable was within his right in
stopping the mail coach, which
was being driven in violation of
a city ordnance.
The court held that “driving a
carriage through a crowded or
populous street, at such a rate
or in such a manner as to en
danger the safety of the in
habitants, is an indictable offense
at common law.” In such an
opinion a person accused of reck
less driving is entitled to a jury
trial.
The case before the Supreme
Court will bring together attor
neys well versed in criminal law
Lynch, in addition to his District
office, is a professor of criminal
law at Columbus University, while
Attorneys Whelan and O'Connell
are regarded as two of the city’s
prominent criminal lawyers.
WIN A PRIZE! Detailed infor
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THE HOUSE WHERE DIAMOND LIVE
JACK (“LEGS”) DIAMOND, boss of Manhattan’s
beer runners, perhaps could tell much concerning cer
tain gang mysteries in New York, police aver, and per
haps too he could tell who put him on the “spot” in
his hotel room Sunday flight. At least two unidentified
men are known to have shot Diamond five times. One
Doctors Seek Germ Pills
To Check Pneumonia
NEW YORK, Oct. 14.—Preven
tion of pneumonia by swallowing
a pill or a fluid dose of killed
pneumonia germs appears pos
sible.
Encouraging results have been
reported of the tests so far made
upon human and animal sub
jects by Dr. Victor Ross, New
York scientist.
The object of these investiga
tions is to determine whether im
munity against infectious diseases
can be developed in persons by
administration of something to
eat or drink. Ip several respects
this would be more acceptable
than artificial immunizing by
the injection of serums or vac
cines into the body.
Dr. Ross finds that many of
the germs, weakened or killed,
become digested when taken
orally.
However, some germs, notably
those known as pneumococci
type 1, are not digested. They
are found in the system 48 hours
18 Workers Injured
As Truck Turns Over
PITTSBURGH, Oct. 14 (1.N.5.).
Eighteen workmen were injured,
two perhaps totally, when the
truck in which they were en
route to work swerved from the
road and unset today.
The two most seriously injured
were brought to Pittsburgh Hos
pital where attaches said their
recovery was doubtful.
Nearby residents raised the heavy
vehicle to rescue those pinioned
in the wreckage.
R-101 Victims Buried
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SERVICES FOR VICTIMS
FRENCH POLICEMEN are-sHowri at their sad duty of caring for
the victims of the R-101, which crashed over France last week with
a loss of 48 lives. On the left policemen are carrying coffins into
<■ . THE WASHINGTON TIMES
after they have been swallowed.
In preliminary experiments, Dr.
Ross used rats for his subjects. It
was clearly proved that eating
stuff which contained these pneu
monia germs rendered these rats
safe from the disease. That is,
attempts to develop diseases in
these animals by inoculation with
living germs did not succeed.
Later on. Dr. Ross treated
human patients in this manner.
Immunity appears to have been
produced. Within 48 hours after
the germ preparation hr-d been
swallowed, resistance to pneu
monia was manifest in the pa
tient, who did not feel any dis
comfort from the treatment.
Tests are expected to be con
tinued with other types of pneu
monia-causing germs. Eventually,
if these experiments succeed, a
mixture of all types of pneu
monia germs will be made. Taken
orally, that might effectively pre
vent infection, or decrease its
virulence substantially.
One Killed, 11 Hurt
As Trolleys Crash
WINDSOR, Ontario, Oct. 14
(I.N.S.).—One woman was killed,
a man was so seriously injured
that he is expected to die, and
IQ other people were hurt today
when two street cars crashed in
a log at the foot of a hill here.
The victim remains unidenti
fied. Homer A. Richards. 45, the
motorman of one of the cars, had
both legs severed. Attendants at
a local- hospital said he could not
live.
D DIAMOND
woman, Gene Nash, is in custody. She is a former
sweetheart of the wounded man. Marion Roberts,
accused of tipping off gangland to diamond’s hide-
I away, was found by police hidden under some clothes
in the apartment of Agnes O’Loughlin, who sprang
into fame not so long ago when she sued Rudy Vallee
PRAISES GIVEN
LANSBURGHS
The firm, founders and em
ployes of Lansburgh and Brother
were accorded high praise by
speakers at the luncheon of the
Advertising Club of Washington,
given in honor of the seventieth
anniversary of the opening of the
department store today.
The little room on C Street
where the business was first
started before the Civil War was
likened by President James
Hardey, of the club, to the acorn
from which a sturdy oak has
sprung. He pxppsssed the bone
that the firm might go on ex
panding and serving Washington
as it has for the past three score
and . ten years. <
Charles J. Columbus, managing
director of the Ad Club, read a
scroll of honor containing the
names of 50 employes (including
the founders) who worked for
Lansburgh &■ Bro. 25 years or
more. He characterized as “the
noblest Roman of them all”
Frank Major, who has served 52
years continuously in the employ
of the store and is still there.
Gustavus. Max and James Lans
burgh, founders, and Louis Gold
smith were lavishly praised, as
was Mrs, Charles Goldsmith, who
was presented a basket of flowers
in appreciation of her services.
She is the daughter of one of the
founders.
The District Commissioners and
the heads of the trade and civic
bodies, the stock exchange and
other representative organizations
attended the luncheon.
Dr. Abram Simon, honor guest
speaker, said that his interest in
the firm, which was founded in
the face of the gathering elouds
of war, was personal and unique,
and that it harked back to three
years before the store opened. The
father of the Lansburghs was sent
from Baltimore as the first rabbi
of the Washington Hebrew Con
gregation in 1857.
METAL WORKERS STRIKE
BERLIN, Oct. 14 (1.N.5.).
Metal workers of Berlin, number
ing approximately 140.000 men,
proclaimed a strike today in pro
test to the proposed 6 to 8 per
cent wage cuts.
The strike will go into effect at
noon tomorrow.
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CARTING BODIES TO TOWN
Ithe church for services. On the left a rude French cart is being used
tn transport the coffins to town.
—latarutfoa*! Navarwl
TA« National Daily
PRIESTS KILLED
IN ALASKA
SAN FRANCISCO. Oct. 14
(I.N.S.).—Word was received here
today by friends of Father Wil
liam F. Walsh telling of his
death, the death of Father Philip
I. Delon and that of Ralph Wien,
a noted Alaska pilot, in an air
plane crash in Northwestern
Alaska.
The airplane in which they
crashed to their, death was cnris
tened Marquette and was recently
flown from Detroit to Seattle via
San Francisco by Brother George
J. Feltes, a member of the faculty
of -St. Ignatius College.
The airplane was dismantled at
Seattle and sent by 'ship to
Alaska, w'here it was to have sup
planted dog teams in carrying out
missionary work in the far North.
Wien, according to advices re
ceived here from Nome, was at
the controls when the plane
crashed after circling the field
several times.
The two Jesuit priests and the
pilot were instantly killed by the
impact.
Drunken Driving Is
Laid to ‘Gun Toter’
Harry Miller, colored. 32, of
the 1700 block Seventh St. N. W„
was arrested last night and
charged with driving while drunk
and carrying concealed weapons,
after he is alleged to have at
tempted to draw a revolver on
Policeman G. Leahy, of the
Second precinct.
The patrolman said that he
noticed Miller driving a zigzag
course along Seventh Street and
when he stopped the car the
negro made a move for his hip
pocket. Leahy felled him with a
blow to the jaw and, placing him
in the police car, took him to
the station house.
300,000 WAR-VICTIMS
SHANGHAI. Oct. 14 (1.N.5.).
President Chiang Kai-Shek, of the
Nanking Nationalist government,
officially estimated that the
casualty list of seven months of
civil war amounted t osome 300,-
000 dead and wounded. Accord
ing to his report, each faction in
the struggle lost approximately
150,000 men.
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TUESDAY—OCTOBER 14—1930
DIAMOND’S SEIZED ARSENAL
for ever so many dollars, claiming he had broken h€fc
heart by failing to keep his promise and marry her.
The arsenal shown above was seized by police in a
Diamond stronghold shortly “Legs” had fled to
Europe last month. He was deported home. *
“Legs f> Diamond Believes
He Is Near Death
(Continued From Page 1)
top speed trying to solve the
mysterious shooting.
Mulrooney, after receiving re
ports from thirty-five detectives,
declared he inclined to the theory
that Diamond was shot by mem
bers of his own gang when they
failed to come to an agreement
over some “deal.” He said:
“I am convinced that the
two men who shot him were
among his close associates.”
May Be Unsolved
The case was threatening to go
down into police annals as
another of gangland’s unsolved
mysteries—just as did the strik
ingly similar unsolved slaying of
Arnold Rothstein, the gambler.
Polite were searching for Ja
cob Ginsberg, manager of the
Hotel Monticello, who disap
peared immediately after the
shooting.
They continued their ques
tioning .of Miss Marion Roberts,
attractive titan-haired chorus girl
and intimate of Diamond, who
occupied room 831, adjoining Dia
mond’s, on the morning of the
shooting.
The girl’s parents were on
their way from Boston to aid
her in her dilemma.
She has become the most piti
ful figure in this latest drama
of the underworld.
She insists \ she did not see
the men who shot Diamond, as
she was taking a bath at the
time.
Jean Nash Quizzed
Miss Jean Nash, who said she
had conducted a beauty parlor in
Newark, N. J„ until she came to
New York recently, was also ques
tioned by police.
They had been told that she
had made a remark a few days
ago to the effect: “Diamond has
only 10 days to live.”
After quizzing Miss Nash,'de
tectives said they were convinced
she had not predicted his shoot
ing and that she knew nothing
of him or his affairs.
Newberry Hunted
Mulrooney said he did not con
nect the recent reported kidnap
ing of Leo Steinberg, an alleged
Brooklyn rumrunner, with Dia
mond’s shooting. The police com
missioner said an investigation
had revealed the reported disap-
pearance had nothing to do with
the attack.
Another version of the attack
was that Diamond had been or
dered put out of the way by Al
Capone. Police were said to be'
seeking Ted Newberry, of Chi
cago. an aide of the Chicago
gang leader.
Authorities denied this story
but it was claimed Newberry had
a long telephone conversation
with Diamond shortly before the
racketeer was attacked.
Girl Still Held
Miss Roberts was ordered held
as a material witness in the case.
Mulrooney said the various stories
told by the girl caused him to
hold her and he planned to ques
tion her further in an effort to
get her to tell “exactly what
happened.”
They said they did not think
she had told the truth about the
shooting, however.
Her latest version was that
she "never heard or saw” the
shooting. She said on Sunday
morning Diamond was with her
in her rooms at the Monticello
and that the telephone rang.
She said:
“I answered it. It was a
man’s voice. I told Jack some
one was asking for him and
he said to tell them to come
up. A few minutes later two
men came to the door. Jack
told me he would see me later
and they went into his room
for a conference, I thought.
I did not see or hear any shoot
ing. I was in the bathroom,
I guess.”
C. OfTCLOSES
DRIVE FRIDAY
Their zeal given further inspira
tion by the success of the first
week of the Washington Chamber
of Commerce membership drive,
teams competing for honors will
continue their rivalries until Fri
day, closing day of the campaign.
Luncheon meetings are to be
held at the Washington Hotel to
morrow and Friday. Radio talks
are to be continued over stations
WMAL and WRC. These decis
ions were made at the Monday
luncheon when team members re
ported that they still had a large
number of prospects to call upon.
Yesterday was a record day for
the campaign, 92 new members
being reported, bringing the total
gain for the first week to 261.
The gain reported yesterday by
Col. E. V. Bliss, in charge of the
membership teams, was the high
est made on a single day. George
E. Keneipp is to speak over WRC
at 7:45 tonight, outlining the aims
of the chamber.
Although the Washington Gas
Light Company team, captained
by A. W. Ewaldson. was defeated
yesterday by the only woman’s
team in the campaign, captained
by Mrs. Ada M. Payne, this group
retains leadership honors for the
drive with a total of 45 new mem
bers. Second place is held by
team No. 16. captained by Harry
T. Peters, with a score of 21, while
Mrs. Payne’s group is in third
place with 18. 1
Nominations for directors to be
elected at the annual meeting next
Tuesday close today.
WIN A PRIZE! Detailed Infor
mation on the 5125 PRIZE CON
TEST now in progress appears on
next to last of this paper.
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■ —lnternational Newarejll.
AGNES O’LOUGHLIN
WED 2G YEARS,
WIFE SUES
The first 26 years of their mar
ried life were the hardest, and
then they grew worse, according
to the bill for absolute divorce
filed in Equity Court by Mrs. Bes
sie Silverman, 3100 block Elev
enth St. N. W., against her hus
band, Jacob Silverman, of South
Capitol and D Streets S. E„ in
which she names a corespondent
and alleges several acts of mis
conduct.
Mrs Silverman, who is repre
sented by Attorneys William R.
and Saul G Lichtenberg, informs
the court that she married tv
defendant in Poland on Decem
ber 16, 1900, and they have fiva
children, the oldest of whom is
29 years of age.
They lived happily and con
genially for the first 26 years,
Mrs. Silverman says, but about
three years ago. Silverman be
gan showing evidence of tiring
and his domestic environment
was a burden to him.
He finally deserted her on last
September 30. Mrs. Silverman com
plains, and more recently has be
come infatuated with the co
respondent. a woman known as
"Bobby.” with whom he Is al
leged to spend several hours each
day on the occasion of their
visits.
Graduates
■ 'Wm..
law
B >' I
—lnternational Newsr«al.
GRACE FISHER
THIS MUSICAL comedy , no
table, soon will graduate from
the stage to grand opera. She
sailed for Europe this week .to
resume her operatic studies in
, Miinn and will make her debut
in Italy
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