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THE BARRE DAILY TIME
BARRE, VERMONT. TUESDAYS OCTOBER 31, 1922. PRICE, TWO CENTS. VOL. XXVI. No. 194. r A UNITED STATES WILL NOT PARTICIPATE IN NEAR EAST COUNCIL Formal Reply Declining Al lied Invitation To Take Part in Meeting To Be Held 'at Lausanne, Swit zerland, Was Forwarded To-day U.S. ATTITUDE WAS ALREADY OUTLINED In Instructions Forwarded Last Week To American Embassies t London, Paris and Rome, the Note to Those Governments Declared Washington, Oct. 31, (By the Asso ciated Press), A formal reply de clining the allied invitation for Amerl can participation in the Near East peace conference to be held next month ' at ' Lausanne, Switzerland, was for warded to-day from the state depart . incut through the British, French and Italian embassies here. Like the formal invitation, ' the Amenan reply wag brief and directly ""worded informing the three European governments that the attitude of the United States and the reasons for send- inconlv American observers to Lau ."wuiiMf. "already hail been set in instruc- " tions forwarded lant week to the Amenan embassies at Ixmdon, Paris and Rome. HAVE STRONG SUSPICION. As to Identity of Person Who Sent ; . s Poisoned Cake. Philadelphia, Oct. 31, Investigating authorities to-day were cioseiy guaro ing the identity! suspect , in the mystery of the poisoned cake which caused the death of W. W. Hterrett of Devon, an expert accountant, and the serious illness of his wife. A. N. Simpson of Philadelphia, a postoffice department inspector, who is taking a leading part in the investi gation inclines to the theory that jealousy was the motive that prompted the mailing of the death bearing con coction. Asked if he had any definite theories, Mr. Simpson admitted that several were receiving consideration. BANDITS FOILED. And- One Captued ia New 'York Dia mond Merchant's Office. .New' York, Oct. 31. Armed with Tevolver and knives three masked bandits darted late yesterday after noon into the Essex street office of Sid ney Classman, diamond merchant, and attempted to steal ?20,000 worth of gems. Glassman made an outcry and the bandits took fight. One was captured. The captured bandit, wielding an -army bayonet, was arrested after being clubbed into submission in a struggle a short distance from the scene of the attempted hold up. BOSTON NEWSPAPERMAN DEAD. James T. Harris Was on the Boston Telegram. Boston. Oct. 31. James T. Harris, a newspaperman, who had many Xew England connections, died at his home here yesterday. Mr. Harris had worked for several Xew York and Boston pa pers and was once city editor of the Haverhill Record. At the time of his death he was on the staff of the Bos ton Telegram. DIADEM FOR BIS BRIDE. Ez-kaiser Will Pay 800,000,000 Marks for the Weddinj Gift, Berlin. Oct. 31, The former General Emperor's wedding present to his bride of next Sunday, the Princess Hcrmine of Reuss, will diadem set with 700 brilliants. and a pair of earrings, the ,two gifts costing 800,000,0(10 muks, ac Russia and Little Willie Thomas L. Chad bourne was talking about Russia at the Lawyers' club in Xew York. Russia," he said- "knows she'll have to get rid of the BoUheviks eventually. Eventually why not nowt Well, itS because Russia is like little Willie. Little Willie felt seriously ill. but refused to take the medicine the doctor had prescribed. His mother, liefore his repeated refusal lost all hope. "0,' she wailed 'my bov will die! Jfr darling bor will die!' " " "But from his sick bed little Willie spoke gently: "'Don't worrv. mother,' he said. 'Father will be home soon, end he'll make me take it'" Xew York Tele gram. This Sound's Horrible. English paper "Turkish Might Yonng person wanted st SvdVnham for cutting by hand. Boston Trsn script. Literal Minded. "rid vm break this dih, nrah!" ". mum. I d!v dropped it." i.. ton Trn-cr! t. A VIGOROUS ATTACK. Gov. Allen of Kansas Belabors Catho. lies and Ku Klux Elan. : Great Bend. Kansiw. Oct. 31, "I think we are not more than, one pistol shot from the condition they are hav ing in blood drenched Ireland to-day,' Governor Henry J; Allen declared in "a political speech here last night: "1 appear in this town and I find men Hating each other, , he said. "This man being hated because he is a Catholic and this man because he is a Klansnmn and your community is torn by a thing, our fathers gave their lives to get "rid of. i "You both are to blame. You Catho lics who go out and say 'I don't vote for a man who is not a Catholic. I am going to put my. political activities behind, my religion.' You ought to be ashamed of yourselves. "And you men who joined the Klan and say 'there is an irder that exists for the protection of white supremacy and to save us from the Catholic church' ought to be ashamed." OBJECTS TO "SINCERELY i YOURS." When Used In Letter to His' Wife by Mayor 'Hylan. New York, Oct . 31, Herbert C. to the mayor sending Mrs. Drescher a Mayor Hylan voicing strong objection letter advocating a candidate for the supreme court justiceship and ending "Sincerely yours". "Replying to your letter to my wife," Drencher's letter read, "allow me to re cord my strong objection to your 'Sin cerely yours' closing. Such objections are made because ot the fact that my wife is a-'fliarried woman, who I am informed, hag never been introduced formally or otherwise to your honor. Hence a letter written even by the mayor of this city to a lady who is nit even an acquaintance should not be closed, in my humble opinion, along that 'sincerely yours' line preceding your signature. FASCISTI ORDERED TO DEMOBILIZE Situation In Rome Is Declared to be As Moie Nearly .... Normal. . - . Borne, Oct. 31, (By the Associated, Press), The Fascisti high command to day ordered the demobilization of the FasoUti, and the numerous members of that organization in Rome will leave for home after their patriotic proees sion, which it lias been decided to hold this evenng. . The situation in Italy, according to a semi-official expression to-day, is re garded as normal again. The settlement of the crisis it is added, is nailed with gTcat satisfaction by public opinion. TWELVE REPORTED DEAD. As Result of Clashes Between Fascist! and Communists. Rome, Oct. 31. Twelve persons were reported dead to-day as the re- suit of attacks yesterday in which Fascisti were involved. . Snipers Hred from windows while thei-Fascisti from Abruzzi were cross ing a workmen's quarter, when they were entering the city. Four Fascisti fell dead. Reinforcement were sought and the police soon occupied the wlicle rone. . The other fatalities reported to-day eight in number resulted from a clash yesterday afternoon between Fascisti and communists in the "Silmr tino quarter. . OUT OF ACCORD. So Italian Ambassador to France Re " signed. Paris, Oct. 31. (By the Associated Press). Count Sforza bas telegraphed his resignatiim as Italian ambassador at Pans to Premier Mussolini He ex plains that in bis view the new govern ment should hate in such post men in thorough accord with its policies. MONTPELIER About 200 employes of the Xstionsl Life-insurance company attended a Halloween party given by the Xation al Life Athletic association in the com pany's building' last night. " The pro gram began with a reading by Miss Josephine Mitchell in ghost costume. A grand march, led by Clifton Heaton end L. P. Brigham, the latter cos tumed as the "lady." followed, with a square dance for which George E. White was announcer. Prires for the best costumes were won by Mrs. M. H. Hudson, bet fancy costume. Miss I-nwrene. bet "horrible" coftume, George E. Pell, best fancy eoMume, John W. Flint, best "horrible" cos tume. All the usual Hallowe'en games were in evidence, and other diversions were a peanut hunt, egg rare, don ley game, a cracker eating contest. Miss Carrie Willey gave a chost reading during the evening. The committee in chare of the entertainment was headed by Miss LouUe T. Bernard ini and included the Misses Josephine Mitchell, Maude Tea. bout, laurel Pine. Beatrice Pine, Ethel Cooler, Ruth Bliss, Ella Brown and Messrs. Floyd Hsyfrd snd W. B. Strattnn. Roland E. Steven f the state board of control and George H. Dunham of the state btidaet oummstt inspected j the of the governor to-day. i A ertift of r;r-trtH of Ni.li dU I). M. lino of Mahheter, X. H, tu pt t tnnl'-r ifir in the h tn fi'. wilh the t try of ' He a rrad'iste r f the medical t!Hil at Athens un;eritr. MANY CRUSHED AS THEY SLEPT . mmm 'i h .(., When Fast Train Ran Into Rear of Carnival Special ONE REPORT SAYS ' FOUR WERE KILLED And Five Seriously Injured in'Southern Pacific Wreck , Near Adelina,.La. Xew Orleans, La., Oct. 31. Three persons were killed and four serious ly injured in a rear-end collision to day between the 'Sunset express, bound from Xaw Orleans to San Francsieo, on the Southern Pacific, and a Worth am carnival show's circus special, en route, from. Orleans to New Iberia, La Ihe dead. Homer" V. Jones and Will C. Jones, brothers, and R. L. Metcalf. , . . The conductor and brakeman of the - .. circus train were reported "missing, ine aeau ana injured were circus performers. The wreck occurred near1 Adeline, La. The locomotive of the passenger tram ploughed through two sleepers on -the rear end of the circus train and Che sleeping performers w hurled from their berths. P0WNAL BOY KILLED. When Struck by Touring Car of New York People. Pownal, Oct. 31, William P. .Calla han, seven-year-old son of Mr. and Mrs. William Callahan, who live at South Pownal, was iufctantlr killed Saturday afternoon when lis was hit by a Cadillac touring car bearing a Xew York state license. Two men and three women were traveling in the car when the accident occurred. The accident was unavoidable as far as the automobile was concerned, for the boy darted from behind a car standing beside the highway and into the road just in front of the Cadillac. He apparently suffered a fractured spnal column, and must have died instantly. ' The motoring party stopped and did all that was possible, going on to Xorth Adams, Mass.. and registering at a hotel there to await any. develop ments in the case. They offered to meet all financial expenses resulting from the sad affair. It was said that one of the women passengers in the car had recently lost a child through similar accident iiot long ago. JUDGE DE VRIES TENDERS RESIGNATION Head of Court of Customs Appeals Will Resume Practice of Law. Washington, D. C, Oct. 31, Marion I)e Vries, presiding judge of, tlifc eoiii-t of customs appeals, to-day resigned after twelve years' sen-ice, and hia resignation was accepted by Presidnt Harding. He will resume the practice of law. READY FOR WINDSOR AGAIN. From Which Institution William Doh- ney Fled. Windsor, Oct. 31. William IMincy, 32, who escaped from state prixon Ovt. 8 with John Martin, another inmate, is back again in his cell, and Martin is held at Xorthampton, Mass., swait ing trsnsfer here. Iihney wss arrested a week ago In Springfield, Mass., on a charge of drnnkenne, it being found, however, that he had been drinking wood alco hol and was nearly blind in -one-.nuence. He gave his name to the ofli- cisls St the time as John Rrsn buM later iinder crocs examination admit ted that he w as Dohney, as the Spring feld police bad a circular with his photngrsph attached Which he could not deny. Pohncy is serving a sentence of three to five years for burglary, hav ing been sent up from Windbsm coun ty a yesr snd a half ago. He has eiitirelv recovered bis sight. WILL PREACH TO JURY. Says Clergyman Accused of Mnrdering Wife and Her Mother. Stse-boro, Ga.. Oct. 31. F.iliotf Padrii-k, former minitcr, who declared that the bsnd of i"d directed him in the slsyina of bi pretty young wife snd mother in law. Mrs. M. A. IMsna, and tint fn hi defenoe statement to the jury ne would ettemnt to pre. a a shslt not c.et thy neurhbor's wife.- to-dny wan expected to tske the !n 1 j in h;s trial murder charge. The drten-e contends the farmer minister wa iine wbea he shot both : ).. wife a! m..thef in law wliiJe in j sn antomob.ie near 1 t Jane i' IT, i it- iin m I f.e- I -e ,i f if . w.n v!.i"t in ce Psdtwk alters; ; a e I Uj a s he miiaf r L MRS.GIBSON ' USED SHOT GUN Fired Load of Birdsho Over the Heads of Re porters WHO CLAMORED , ' FOR INTERVIEW Regarding Her Story in the Hall-Mills Murder Mystery v Xew Brunswick, N. J., Oct. 31 (By the Associated Press). -Mrs. Jane Gib son. who recently dramatically an .... j notinced that she had been an eye wit. ness to the Hall-Mills murder, to day elinched her hold ou the center of the stage by firing a load of birdshot ovjr the heads of reporters who persisted in surrounding her farmhouse and pep pering her with questions. Mrs. Gibson ex-bareback rider, hog raiser and woman farmer who sud deply became reticent after amplifying her story of the killing of Rev. Edward Wheeler Hall and his choir singer, VT..-S Eleanor R. Mills, became irritated this morning when an army of 'newspaper men" showed up at her door. The reporters returned to town and addressed their questions to her over the telephone. She admitted that it was she who had wielded the shot cun. . . - "You reporters come here destroying my place all the time, said Mrs. uio son. "You are liable to get into a lot of trouble if you persist and the papers are liable to suit for the things they are printing about me. I "I have tokl the truth as I .saw it and my past has nothing to do with it." Mrs. Gibson declared thst William Easton, Xew Brunswick mechanic, who latt night was reported to be her hus band, was merely a relative, tier uus band, she said, died 17 years ago, "You tell me the officials are in vestigating the story of my life," Mrs Gibson said. "Well, I donT care. know I am here in Xew Brunswick and I witnessed the murder of Dr. IUll and Mrs. Mills. What difference does it make whether I have a punt or not?" ' Special Attorney General ilbur A Mott has made no move to present Mrs. Gibson's story to the grand jury He said, however, that he had found nothing which would tend to discredit her account of the murders. A safety deposit box key made by a machine company in t'rovulence, K. l. found by Peter Remsing, an automo bile man of Xew Brunswick, near the murder scene several days after the trairedy has been Riven to Air. ilott. Vn one side the key bears the numera.s "L32" and on the other side "27CX35." Official of Xew Bnmsw ick banks de clared that the key would not open any of their boxes. Remsing said the reason he. had no. given the key to the investigators earl ier was because be dulnt tiiinK li'ey would value ia as a clue. POISONED SON'S MIND AGAINST HIS WIFE Declared Mrs. Dorritt Van Deusen Stevens Woodhouse in $1,000, 000 Suit. Burlineton. Oct. 31. The million dollar suit brouirht by Mrs. Horrit Van Deusen Stevens Wooilhouse against her husband's parent, Mr. and Mrs. l.o renzo K. Woodhouse of Xew York City, for alienation of her husbands affec tions was opened in Chittenden county court here this morning". Drawing of the jury for which an extrs panel of twenty names had been called oec.i- pied most of the morning session and was not completed when court was resumed this afternoon. In the opening ststement Attorney Warren R. Autin, for the plaintiff, described the writ which was served on Mr. and Mrs. Woodhouse in Oi-to- ler, 1921. in which young Mrs. Wood house alleges thst the elder Wood- house withdrew all aid and financial assistance from their son so long as he Jived with his wife; thst they pois oued his mind against her and that they did all in their power to have him break off relations with his wife snd this after the young qpuple had lived happily for same time st their home in Long Branch, X. J. The writ further alleges that the oodhouscs arransred to have their son move to foreign state thst steps toward a d!vorce might the more easily be made nd that contest would be the more difficult for Mrs. Woodhouse, who was without means. In sddition, thst the Woodhouses srranged to hsve their on, tier nusoana, meet .Mrs. i.iaisn Hendrk-k IrClelland of Washington, I). C, in the hope that it woyld aid voung Woodhouse in breaking off with his wife. The court room was not overcrowd ed to-dsy slthmigh it ia expected thst interest in the case which is high will sttrsct increasing crowds as the trisl moves on. Mrs. WooOhouee was an slert listen er this morning, spjwsring in court in a jersey sport suit. C Douglas Wood houe was not present and it is not known when be will srpesr. Among the attorneys for the de fendants is Vernon A. Bullard, former L'nited States district attornev. FU5ERAL OF MRS. GEORGE. - Held at (Heddini Methodist ttortB Monday, The funcrsJ of Mr. Caroline Centre ws hM f -om tHe He4nng Methdiit .nr-b Tt r.ir sfertxfi. Rev. R. G. J. j -ky or'rf ;at r. 1 ;,e lrct were A. A. Roree, Frits W. J !. H. V. Soctt a t,. Arth'ir 11. I ! I lit, i lttrwt a r t.ie ia Une4 .ri(-i ry. AN EGG A DAY WAS RECORD LAY Tacoma, Wash., Oct 31. A world's record for egg-laving was sit in the third annual contest conducted by the western Wash ington experiment station- of the Washington State college, it' is announced here by W. A. Link later, superintendent of the sta-?' tioii, , . The contest resulted in a white 'leghorn pullet, owned by H. M. Leathers of Woodland, Wash., ' laying Sti5 eggs with a day to go before the year expired. - NO AUTO THIS YEAR AND AIRPLANE NEXT Wharton Would Only Permit Ameri can Rail Workera-to Live in Respect ability in Their Own Environment. ' v ' Chicago, Oct. 31. A. 0. Wharton, one of the three members of the United States railroad labor board whose clis senting opinion on the -wage decision for maintenance of way workers brought forth the "living wage" re joinder by the majority members Sun day, in a statement pubiisnea to-aay declared the majority opinion was fal lacious and contained untruths. "I was not permitted to pee the ma jority statement before writing my dis senting opinion," he said. "Now that I have read it, I find that it is fallacious and contains untruths. In some places it presents arguments which on their face are impossible. ' i he majority statement speaks ot a ?,UW,0(M) increase it lias given tne maintenance of way men. On the same method of figuring it cut their pay $50,000,000 in the July 1 decision, so the railroads are still $30,000,000 to the good. ; - ' ". ' ' "It speaks of the living wage but it does not explain how a laborer can support himself and his family on $50 a month. "It does not explain that the imita tion pay increase granted means only sixteen cents a day for each man. "It says nothing of the poor men who live in shacks, box fax and boxes' set up on four posts." v J he majority tries to make the pub lic believe," he- added, "that I would have laborers given pay on which hcir could buy an automobile this year and sn airplane next year. -I ask only that a man lie given pav that brings decency with it; that Americans be enabled to live as Amer icans and enabled to live in respect ability in their own environment and, according to their own lights, not in the environment of the wealthy." Air. Wharton said: The majority does not distinguish between pauperism snd opulence, it pretends that what la bor terms a living wage means opu. lence. labor doesnt ask opulence. It asks only American decency." ' - ALLEGED LlQUOR STATION. Was Raided at Kimball's Landing and . Liquor Seized. Vergennes, Oct. 31, On a seach warrant issued by State's Attorney George W. Stone a raid was made Tes- terday by Sheriff Fsrr of Bristol and Deputy Sheriff F. W. LeBeau of Ver gennes on a cottage at Kimball's Land- ing understood to be owned by J. L St. Petters an doocupied -by Ira Austin I.LI . , r ... . . of Ashburnham, Mass. A quantity of whiskey in bottles and alcohol in! msple syrflp cans was secured. Austin wss taken into custody and placed under ouo bail by Judge A. W. Iik ens of the municipal court and a hear ing will be held next week. This -place has been under suspi cion for some time during the summer, but no positive evidence ban been se cured until yesterday. It is thovight that this place has been a transfer sta- lon in the liquor tratlic between (ana- da and Masxachusettts. Apparently the liquor has been sent to the eottsge by boat through Ijiko Champlain and then trsnxferred by automobiles to points south. REV. J. W. BARKER RULED OFF. Because He Wasn't Long. Enough a Resident. Concord X. II- Oct. 31, The su preme court this morning hsnded down decision dismissing the petition of Rev. John W. Barker of Lebanon for writ, of certorsri in the Republicans primary election case involving the fifth state senatorial district., Mr. Barker, nominated on the face of the returns, wss declsred ineligible by the ballot law commission because be had not long enough I wen a citizen tf the state, and he appealed to the supreme court. v The decisions will the printing on the ballots the name of Ora A Brswn of Ashland as the Republican senatorial candidate in the fifth dis trict. Mr. Brown was chosen b Tthe party executive committee after Bar ker iiad been ruled ineligible. LIQUOR IN CAFE. Names of Several Alleged Customers Taken at West Rutland. Rutland, OH. 31. A larce quantity of Scotch and moonshine whiskey, also gin snd Canadian ale wss seised yes terday by federal enforcement officers at the cafe of John Meleady in West Rutland. Meleady wss arraigned be fore fnited States Commisioner James P. Lesmy, waived examination snJ wss bound over to the federal grand jury tinder bail of ,"0O, which wss furnished. The nsmes of seversl slleged cus tomers who were in the eafe when Officers Thompson. Petri. Brown and Holmes unexpectedly appeared were taken. MISSED HIS HEART. Frank Casavsnt of Richford Bad Been t Despondent, Rirhford, Oct. 31 Frank Caavant. St, is in a critical condition follow- ire an attempt st suicide veterdsy ' fiernoon st about 3:30 o'clock. He Jiffs intetat (Mrs. Lefebvre!. .lodge trd to Hmt himeif t)irmsrh tHeH-ii nid. The 'uetion in rrrd t ! Heart with a revoher. tut t'ae bullet i r wss: Did ae do anvthinp thst a eater I below the besrt. Vp-ii(len, t wt the ..k of Li act. $13,335.20 AS DEATH DAMAGES Given ToD. . P. Lefebvre ;. Against Central Ver mont R. R. WIFE AND DAUGHTER KILLED IN W. BERLIN 7-V S . Plaintiff Sued As Adminis ' trator of Wife's ' . Estate The Jury in the case of T. P. Le febvre vs. Central Vermont Railway company in Washington county court returned a verdict in favor of the plaintiff to recover $13,3.1.".20 at about 9:30 p. m. Monday. The jury con sidered the case about four hours. Mr. Lefebvre sued for damages re sulting from a cros.-irtg accident at West Berlin on June 17 Iat, itirhich hi wife, Grace Lefebvre, and his daughter, Miss Glenna Lefebvre, were killed. He charged negligence on the part of the railroad in failing to give a proper signs!, in failing to keep a proper lookout, and in building and maintaining an obstruction in the highway in the shape of a cinder plat form or ramp leading up to the sta tion platform. We brought suit as administrator of his wife's estate. The attorneys for the plaintiff were Theriault A Hunt and for the rail road John W. Redmond and William McFeeters. Final arguments were presented by eoun for Mjr. Lefebvre and the Cen tral Vermont Monday afternoon. The presentation of the charge to the jury br Judge Fish occupied about three quarters of an hour. At the beginning of the charge Judge Fish stated that the case was one of more than usual interest and m port a nee snd at the c!os that it had been presented bv counsel of more than usual ability. Judge fish summed up the plain tiff's charges of negligence on the part of the railroad as first, in having failed to give a proper signal; second, in failing to keep such a lookout as the law intended; and third, in construct ing and maintaining a cinder platform Which obstructed the hichway. He then took up the defendant's answers, which were: " First, that none of the charges were made out, and seeon3, that the-negligence- f George Bardie, the driver of the automobile, was the proximate cause of the accident.. in ease the railroad was I on ml guil ty. Judge Fib instructed the jury damages must be assessed on a pecu niary basis; and called attention to the testimony which showed that Mrs. Lcfebvre's life expectancy was 30Va vears. She was 37 years of age. The death of Miss Glenna Lefebvre was not to be considered by the jury in aseesing damages, Judge rish n structed them. In beginning his charge. Judge Fish stated that the plaintiff brought suit ' - V! t , i not only for himself as administrator of the estate of his deceased wife Grace Lefebvre, but also on behalf of the next of kin The plaintiff's evidence must out weigh the defendants to obtain a ver diet, he told the jury. Defining negligence. Judge Fish gave among other definitions that of the Vermont supreme court, "A short sge in legal duty which causes injury to another. v Travelers on the highways and rail roads have mutual obligations to each other, he stated, and proceeded to dis cuss the law in relation to the sig nsl required to be given by a train approaching a crossing at grade. The statute provides thst a bel) weighing at lesst 30 pounds shsll be carried by each locomotive and shall be rung from a point 80 rods before the cross ing until the crossing is reached. The whistle may be blown instcsd. The mstter for the jury to consider, Judge Fish said, was whether this was done, and if not, whether the failure tp do so was a proximate caiife of the acci dent. In regard to the lookout kept "by fbe train crew. Judge Fish ssid the jury must decide wheher a proper lookout was kept snd if not whether a proper lookout would have enabled the train crew to warn the automobilists in time to let tlirm eM-spe. If this wss true, the rsilrosd would be negligent snd failure to keep a proper lookoutwould be a proximate cause. In regard to the cinder platform built in the highway. Judge Fish stated the law that the builder and maintain er wss lisble to anyone injured di rectly bt it if it was kept thereV'will fnlly" or intentionally. Even if Bsr dis drove into a place of peril, he said, he wss entitled to use of the full high way. If but for the obstacle, Mrs. Lefebvre would not hsve been killed, it wss a proximate cause, he stated. If the platform wss maintained wil fullv, it was an unlawful obstruction. Judge Fish concluded. Plaintiff's Duty' to Establish. , To recover, the plaintiff must estab lish that he was not guilty of negli gepre which was a proximate canse, and that the defendant's negligence wss. or wss part-of, the proximate csue. The defendsnt's negligence must I proved to lie the prnximste cause or a part of it. Judge Fish ssid, in order for the plaintiff to recover. Explain ing "proximate caue." he staled that it was not necesearily the material cause, but thst it mut be negligence occurring at the time of the accident j and thst it mnt have a logical eon- j necti.wi with the accident. It must be a cue that the injury would not have happened wi!ho-ut it. XVfflijrence on the part of Bardis could not be attributed to the plain- prudent per- n wcnld n"t he done on der tie tirfumi ,!' ? Reasonable SHALL WE HAVE LIQUOR FOR OUR MINCE PIES? Chicago, (M. 31. In a new at tack on the Volstead actby the old Victory distillery, Judge George T. Page in federal dis trict court has been asked to re store mince pies to their prepro hibition standing when brandy sauce was a legitimate ingredi ent. Attorneys for the distillery contended the Volstead act is unconstitutional if it prohibits the sale of spirituous liquors foe cooking purposes. They suggest-. ed that liquors have great value as an aid to the-culinary arts and by-some cooks are deemed essential, especially in the prep aration of mince meats. Action was. directed against Prohibition Commissioner Haynes , and Charles A. Gregory, federal prohibition director for Illinois, who it was contended, refused to issue permits for the removal of liquors to be used , for cooking and nothing more.' care was her duty, Judge Fish said A passenger cannot rely on the driver to the extent of failing to exercise prudence. In recard to the duty of the travel er, Judge Fih stated, he must look and listen at a crossing, ana n neces sary to do effectively, he must stop In this case, the matter of stopping Unust b considered with the circum stances of this case. He muBt use vigilance as long as vigilance would save Him rrom injury. If Bardis negligence were found to be the sole proximate cause of the ac cident, the plaintiff would' have no remedy. Judee Fish told ' the jury. However, the negligence of the driver is not that of Mrs. Lefebvre. Judge Fih called attention to the fact that positive testimony is of more weight than negative. He took away from the jury the questions of ears on the side track and structures erect ed on railroad land by the granite con cerns at Riverton except as. they af fected the amount of cars to be used by the railroad in operating its trains SHERIFF'S BUFFET HALTED ONE FIGITIVE But George Mills, Held for Connection with Danville. Hold-Up, Fled to Woods from Automobile Aft er He and Cordis Lewis Broke Out of JaiL St. Johnsbury, Oct. 31. Cordis Lew is, aged 24, of Littleton, X. II., one of the two fugitives who made a aar ing daylight escape from the Caledo ei eounty jail yesterdtV. Was cap tured st Twin Mountain, X. H., in the afternoon after the stolen auto mobile, in which he and George Mills, 18, of Worcester, Mas3 were fleeing, wss shot up by pursuing officers. Mills fled into the woods. Sheriff Wilbur H. Worthenr after notifying officers in northern Vermont and Xew Hampshire, started in pur suit of the fugitives, overtaking them st Twin Mountain. The men were driving furiously in a Cadillac auto mobile of tred raige, casnier oi me Whitefield, N. H., bank, which they had stolen in their flight. The pur suing posse 'fired at the speeding au tomobile and sueeeeflea in puncturing the tires. Lewis was captured but Mills eluded his pursuers. Just how the two managed to escape fronv the county jail is not known. Lewis wss locked up in the cell division ana -miiis in tne coma or eeciion wi ern.-io. The latter, an expert plumber, may have been able to pick the lock in some way, gaining ass to the outer corridor and the sheriffs office, lor from there a bunch of keys, a revol ver and a psir of ankle 'irons were taken. Mills was beina, held for. trial charged with being one of the bandits who held up the Connecticut car near D.nvill. re.entlv and Lewis was ar rested last Saturday in Wells River, after having driven away from St. Johnsbury with a car loaded with groceries belonging to Supt. M. E. Daniels of Lyndon ville. Inouiries at Littleton disclosed that Lewi had a car in storage there and investieation showed the manufactur er's number agreed with that of the car owned by George T. Galbraitn ol Fassumpsic, which was stolen in -snucn the same manner three weeks ago. "BILLIE BURSE" OF BARRE ACCUSED OF L4RCENY She and Jean Roth, th Latter of Stamford, Conn., Accused at . Wellesley, Haas. Boston, Oct. 31. Jean Roth, 20, cf Stamford, Conn., and Billie Bursevl8, of Barre, Vt., were arraigned in the Dedham court yesterday charged with larceny from the Davis Dry goods com pany, Wellesley, of $300 worth of goods. They plesded not guilty and the case was continued until to-day on request of Chief of Police Harry Kingsbury of Wellesley, who wen's to make an investigation. Bail was fixed by Judge Sanborn at ."O0 each. After court the girls' said that they had expected to start work yesterday for a Boston newspaper and pay for the clothes with the money toey earned. H is alleged that they charged the goods without intent to pay for them. Vermont Corporation Matters. The Frsnklin Electric Light Co.. Inc., has filed with the secretary of state an affidavit ef the proposed is sue of 400 shares of common Stock snd 600 share of preferred stock, all of it at par value of $10 jeer shsre, to be issued for cash at par. Articles of association have neen filed by the Rochester Inn Gsra Co., lnc, Whith will conduct a general au tomobile repair husinets snd sell au tomobiles and accessories. The con cern is cwp:talized at $5,000 in 50 shares of !0 par value each and in-.-.rporated hr C. K. Pierce, 1. D. rirme mni George A. t aTiipMi, all cf l.v '.: i-' cr. HEAD OF UNION MUTUALCO.DEAD Harlan W. Kemp, One of . Montpelicr's Leading Citizens PROMINENT IN MANY ACTIVITIES He Was Admitt J .To Bar, Held Many u ublic officr", - Harlan W. Kerr .ne of the beat knowrf, citizens of j .tpelier, died thii morning at 7 o'cl after being criti cally ill for seveiXf ,ays. Harlan Wesley Kemp was Iiorn on April 5 1858, at Worcester, this state, the son of Phjneas Allen Kemp and Betsy (Blanchard) Kemp. The Kemp family were for a long time residents of Fitchburg, Mass., but the grandfa ther of Harlan W. moved to Acworth, X. n., where Phineas A. was born. The latter moved from Acworth to Worces ter, Vt., in 1840, purchasing land on Hampshire hill and residing there until 1802 when he went to Montpclier to live with his son. Harlan Kemp received his education at the Washington County Grammar school and at Montpelier seminary. Studying law in the office of C. Khurtleff, he was admitted to the bar in 1880, at Montpelier. From 1885 to 1890 he was in partnership with John II. Sentej and then carried on practice of the law alone. In 1885 he became a director of the Union Mutual Fire Insurance company and served in this capacity as a secre tary and treasurer until the death ot James W. Brock in -1918, when he was elected to fill the position of president. He was a director' of the Montpelier Xational bank from December, 1902. He served as state's attorney in 1R34-8, as national bank examiner in 1800-!M, and as city representative in 18H8. Ho was for many vears prominent in the American Fidelity company. He took a leading part in procuring the enactment of a revision of the city charter and was always active in civic affairs. He was especially interested in the permanent road proposition. He was a member of Aurora lodge, King Solomon's temple, Mt. Zion command -ery and Mount Sinai Shrine. Mr. Kemp was formerly captain of Co. H, Vermont Xational Guard. He was married Dec. 18, 1881, to Sarah -, A., Putnam -t --daughter.. .- jA Christopher C. and Elizabeth C Put nam of Putnamsville. He is survived by her and by two daughters, Marjorio It and Bessie, the wife of Harthan F. Leslie of Montpelier. ; Mr. Kemp was a forceful thinker and speaker and in his death Montpel ier loses a strong force, a conscientious worker in all the affairs of public prac tical moment, and an honest man. was one of the most active members f the Apollo club and served it well as president and in other olarial capaci ties. He was one of the upbuilders of the Montpelier Country club and as an official did effective work in making it successful. He was also an enthusiastio sportsman and a member of the St. Bernard Fish and Game club. SUIT OVER FARM DEAL. David Poisson vs. J. T. Clair in Wash. ington County Court, Trial of the case of David Poisson vs, J. F. Clair, general assumpsit for 1.0tHi over a farm deal, was begun in Wash. ngton county court this morning. .Tit following iurv was drarn to try ths case: Harvey 'Bullock of Marshfield. Jo. seph Maroni of Montpelier, William V. Milo of Monlpelier, Ryland Parka 1 Plainficld. W. F. Shepard of Barre Town, Clark P. Spaulding of Calais, Solon P. Staples of Xorthfield, G. W. Stewart of Berlin, M. J. Whiteomb of Barre Town. Fred J. Willey of Worcos- er. E. V. WilieJ of Barre Town and Earl DL Rowell of Middlesex. The at- ornevs sre F. L. Laird and ehtr Milller for the plaintiff and J. Ward arrer for the defendant. Hie plain - iff was on the stand this forenoon. FUNERAL OF P. D. TH0M. Was Held from His Late Home On No. Seminary Street. The funeral of Peter P. Thorn was held this morning at his lata home on Xorth Seminary street. Rev. Willism McX. Kittredge, psstor of the First Presbyterian chuch, officiating. A del egation from the Clan Gordon were in attendanos and gave their funeral serv ice. , The bearers were Wilbam Scott Smith, Willam Sullivan Smith. Alex J. Young, Harry Page, Charles Tsige and Herman L. Campbell. Burial wss in Hope vemetery. AUTOMOBILE BURNED. Property of C. E. Scribner Destroyed Near So. Cabot. The automobile of C. E. 'Sctibner was destroyed by fire noar South iatt Sunday evening, the fire apparently haviog started from a backfire of the engine, l'ersons nearny irien 10 wis the machine by use of dirt. The machine wsa under motion when the fire stsrted. Washington County Bar Association. The Wsshington County Bar so cist ion will meet to-morrow afternoon at 1:30 in the Washington county court house to take some srtion on the5sth of the late Harlan Wesley Kemp, who was a member of the Washington coun ty bar. TALK OF THE TOWN Mrs. William Stephen cf S-.u:h Rye- gate was a visitor in the city to-r. Mrs. Frank Cramp! n. bo Is b " spen.l the "i.trmer "ith ber mother in t.rsnitevill. r.trne4 ti., ia..u I lit! L nr. in Atincu, Ms.