K VOL. L.IX 0. 18,CG4 SfTf1, at p'r'"? (Oregon, ' ' PoMofflce as Sconl-0!."w Matter PORTLAND, OREGON, SATURDAY, SEPTEMBER 18, 1920 PRICE FIVE CENTS LAND BOARD TO SELL , 12,000 SCRIP ACRES SITES MAY BE USED IX SELECT LNG GOVERMIE.VT L.VXD. SCANTY TREASURY AMUNDSEN IS CAUGHT IN SIBERIAN- FLOES HART'S IRON NERVE IS . BROKEN AT LAST SOCIALISTS FACED!S MAYOR SUSPENDS T EXPLORER'S VESSEL MAY RE GROUND TO PIECES. CO.VV1CTED MURDERER WEEPS AT FATHER'S LETTER. PORTLAND WOMLW EAR DEATH ; CALIFORNIA DIES. ' CLffl IS FOUND ALARMS BOURBONS WO FOR SHOOTING Federal Agents Receive Anarchistic Letters. NATIONAL PLOT RECALLED Signature to Circulars Same as Revolution Announce ment in June, 1919. DEAD NOW 35; HURT 200 Property Loss Is MfNlons. Search Is On for Driver of Death Wagon. KETvV YORK, Sept. 17. Receipt by department of justice agents to night of five radical circulars, signed "American Anarchist Fighters," which were found in a mail box at Cedar street and Broadway at 11:58 A. M. Thursday, furnished the first tangible clew, they said, to the iden tity of the persons who were respon sible for the explosion in Wall street which three minutes later killed 35 persons, injured 200 others and caused property damage running into millions. In making public the circulars, which were printed on cheap paper, 7x11 inches, Chief William J. Flynn of the bureau of investigation of the department of justice called atten tion to the fact that the bombs sent m tne nation-wide bomb plot on June 2, 1919, were wrapped in cir culars announcing the coming of the revolution and signed "Anarchist Fighters." Demonstration Believed Motive. Chief Flynn declared the circulars were not in the letter box when the carrier made his round at 11:30 A. M., but that he found them there on hi3 next round at 11:58 o'clock. The circulars read: . "Remember, we will not tolerate any longer. Free the political pris oners or it will be sure death for all of you. "American Anarchist Fighters." The circulars were not inclosed in envelopes, nor did they bear ad dresses. Some contained misspelled words. Discrepancies in spelling would indicate they were printed by two different men. Discovery of the circulars, Chief Flynn said, "makes the plan of the bombers fairly clear." Timing Device Used. "They left the wagon with a horse attached in Wall street, having; set n i;; ,1',. f . """"to - mviiicuwi ahead,' he explained. "They didn't want to take a chance of mailing the circulars. They didn't want to throw them into the street as they walked away from the scene, so they stuck them in the box. Three minutes later their bomb exploded. "We are reasonably sure that a time device was used. A fuse would have smoked. Someone might have smelled it- The clock arrangement would be the safest." , He declared that it was his opinion the bomb was "placed in the finan cial heart of America as a defiance against the American people and the American government." Bomb Cause of Explosion. "In my opinion," Chief Flynn de clared, "this is not an attack on J. P. Morgan & Co. I believe those responsible picked out the financial center in order to create a demon stration." Chief Flynn declared after leav ing J. P. Morgan's office late today that "from evidence obtained within I the last few hours it has been defi nitely established that the explosion was due to a time bomb." "The bomb was taken to Wall street," he added, "in the wagon which was blown to pieces. The in fernal machine was timed to go off at noon and apparently was placed in the wagon by a person who was within four blocks of Wall and Broad streets when the explosion oc curred." 100 Are in Hospitals. Nearly 100 injured persons are still in hospitals. The property dam age is variously estimated from $1,000,000 to 12,500,000. Eight separate investigations cf Concluded on Face 3, Column 1.), Sale Price $15 an Acre In Amounts ot to Exceed 32 0 Acres to Any One Person, Is Ruling. i SALEM. Or., Sept. 17. (Special.) The state land board, at a meeting today, decided io place c - the market 12,000 acres apf approved state base or scrip, which can be used for tl.e selection of any government land sub ject to homestead entry In Oregon. This scrip will be sold. at $15 an acre in amounts not to exceed S20 acres to any one person, the appli cant designating- the lands he desires and depositing $3 an acre with his application. When the elerferi lands are approved to the state, certificates I or saie win be issued to the pur chaser. Deferred payments will be due as follows: $3 an acre in one year with interest at 8 per cent; 13 an acre in two years with inte.ast at 7 per cent and i$ an acre on demand with inter est at 6 per cent. It Is customary for the board to allow the demand pay ment to run for a period of five years from da to of Issuance of the certifi cate. 0GLESBY GOES INTO LEAD Lowden's Candidate Ahead of Small, Backed by Thompson. CHICAGO, Sept. 17. Lieutenant Governor Oglesby, candidate for the republican nomination for governor on the ticket supported1 by Governor Lowden. today took the lead over Len Small, Mayor Thompson's candidate. Representative McKinley, also sup ported by Governor Lowden, contin ued to pain over Representative Frank B. Smith of the Thompson ticket for the. United, States senatorial nomination. Returns from 5396 precincts out of 5737 In Illinois showed tho following vote: For .the republican gubernatorial nomination: Oglesby, 351.897; Small. 349.034. In the republican senatorial con test the vote from 5389 precincts was: McKinley, 347,485; Smith, 331,353. MILL IS RAZED BY FIRE Damage of $250,000 Estimated to Lumber Concern at Ivan. KLAMATH FALLS, Or, Sept. 17. (Special.) Fire late this afternoon completely destroyed the lumber yards and buildings of the- I. E. Kesterson Lumber company at Ivan, near the California line. The fire started from the Incinerator. J. H. Driscoll, local Insurance agent, said that the lumber concern carried $129,000 Insurance with him. He esti mated that the loss would reach 1250.000. The fire destroyed the California Oregon Power company's transmis sion line, which connects this city with the Copco plant, and forced all local mills and box factories to shut down, but does not Interfere with small industries and lighting, which are eerved from the Keno plant. BABY -IS BORN IN" AUTO Stage, in Race to Hospital, Over' taken by Stork. VANCOUVER, Wash., Sept. 17. (Special.) A baby the fanflly of Mr. Chlnaks cf Camas was expected in and Mrs. George yesterday, but it I so happened that there was not I doctor in the city at the time. A .. -.in, i. j , after a hurried consultation it w., d- elded to bring her to St. Joseph's hos pital in this city In the big Camas automobile stage. This was done, but the stork over took the stage before it reached this city. The etage continued the trip to the hospital and the mother and daughter were removed to a room. Today it Is reported that both mother and child are doing very well and none the worse for their unusual ex perience. REDS OUT FOR REVENGE Cemtralia Gets "Warning of Intend ed Raid by Radicals. CENTRALIA, Wash., Sept. 17. (Spe cial.) A letter, signed "The Revenge Committee,' was received by a Cen- tralia paper yesterday from Milwau kee, saying that a band of radicals would Invade the city about October 15 to get revenge for a "raid" on the L W. W. hall here on Armistice day. The band has -arms and ammunition secreted in Butte, Mont., and all Cen- tralians who participated in the "raid' are marked forv death, the letter de clared. Little credence Is placed in the let ter, which is similar to scores of others received by local indivldua and organizations within the past year. P0NZI HAS WOMAN RIVAL $300 Profit In 10 Days on Invest ment of $100 Offered.. BUTTE. Sept. 17. That Charles Ponzi of "get-rich-quick" fame was a "piker" when compared with Mrs. Mary E. Phillips of Fort Worth, Tex, is the belief of Chief of Police Jere Murphy of Butte, who today arrested Mrs. Phillips on a charge of operating a "confidence game." "Mrs. Phillips offered J300 profit in ten days on an investment of Jloo. l'onzi's best offer was 50 per cent in SO days." Murphy explained. Finance Body on Verge of Quitting Contest. WRITER SPRINGS SENSATION Democratic Paper Reveals Difficulties of Campaign. FRANTIC APPEALS MADE Telegrams Sent Broadcast to Help In Maine Barely Bring SufH- v cient Money to Pay Toils. OREGONIAN NEWS BUREAU, WASHINGTON, Sept, 17. "Whatsis the matter with the democratic cam paign?" is a question the Baltimore Sun, democratic newspaper support ing Cox. -has put up to one of its best staff writers to answer. ., He went to the headquarters of the democratic national committee in New York and today the result is a sensa tional storv in which he says he Is prepared to prove that within the last j ten days the national finance com- mittee but narrowly, defeated a prop osition to close up headquarters and quit the contest. He tells of numerous discourage ments suffered by the national organ ization since the Sap Francisco con vention. There is no money in the treasury and frantic appeals have failed to bring aid. To .begin with, he says, the national committee can not, fall to take cognizance of the fact that neither Governor Cox, Fra-nklin Roosevelt nor Wilbur w. Marsh, the latter treasurer of the democratic national committee, has opened his purse to give one cent, although every one of them is either a millionaire or a near millionaire. Penury Kelt Keenly. This latter situation is felt the more keenly, he says, by the leader or long experience when they recall that Cleveland and Wilson, though both comparatively poor, gave until It hurt. The writer, who is Stephen Bonsai, a well known newspaper man. begins his story with the query quoted at the beginning of this dis patch, and says: 'Instructed to obtain an answer to the foregoing query which is on many lips today, 1 went to New Tork last week for the first time since the convention and after some difficulty located the national democratic head quarters in the Grand Central Palace, although the obliging policeman was pretty certain the folks had moved away. Only $70,000. he declares, has been (Concluded on Pace 2, Column 1.) I WHERE THE TROUBLE COMES IN. ', ? IS ; l l I 'I j r - mm- Mmmlf Wind Drives Pack Toward Coast AYhere Boat Is Caught in Jam and May Be Destroyed. SEATTLE, Wash., Sept- 17. Captain Roald Amundsen, whose polar expe dition ship, the Maud, Is wedged in the ice 20 miles off Cape Serge on the Siberian coast, is in danger of losing his vessel and'may be forced to abandon his attempt to reach the pole, according to Dr. James H. Con dit, superintendent of Presbyterian missions in Alaska, who arrived here today on the steamship Victoria from Nome. Dr. Condit said word was received of the plight of the Maud Just as the Victoria sailed from Nome and that the residents of that city are greatly concerned over the fate of the explorer. The vessel la tightly wedged between ice floes and the rockbound Siberian coast and is in grave danger of being ground to pieces. Dr. Condit said. The first news of the Maud was brought to Nome by a fishing vessel. On leaying Nome in July Amundsen sailed into Bering strait, passing Prince of Wales and thence into the Arctic sea via Kaat Cape. Northwest erly winds, which have prevailed dur ing the summer, carried the great Arctic ice floes to the east coast of Siberia and the Maud was caught in the ice pack, according to information received at Nome. "Amundsen is gray but in excellent physical condition," said the doctor. "He was rugged and optimistic. When he left Nome en route to Wrangell island to pick up the Arctic current, which he hoped would carry him to the pole, he had five years provisions on the Maud. He has a crew of four men and a few Kskimos." The Victoria brought In a collection of curios and skins collected by Amundsen during his voyage through the Northwest Passage from Norway, which the explorer Is shipping to bis brother in Chrlstianla. . COURT ENJOINS CARRIERS Railroad Rate Increases in North Dakota Interdicted. BISMARCK, N. D., Sept. 17. The North Dakota supreme court today is sued an order enjoining railroads op erating in the state from further charging the increased intrastate rates put into effect September 1. The order also directs the railways to rebate any Increase already col lected. FILER, IDAHO, HAS BLAZE Business Block Bnrned; Loss Esti mated at $300,000. FILER, .Idaho, Sept. :7.-iDamaje estimated at $300,000 was caused here today by fire which destroyed nearly en entire business block. Fire apparatus from nearby cities was dispatched here to fight the flames, believed to have originated in the basement of a mercantile estab lishment. COMES Slayer of Sheriff Taylor Remorse ful and Begs Forgiveness as He Starts for Gallows. PENDLETON, Or, Sept. 17. (Spe cial.) Iron nerve and the air of In difference hithsrto displayed by Em mett Bancroft, alias Neil Hart, con victed to be hanged November 5 for the murder of Sheriff Til Taylor, broke today. The change of spirit and attitude came during services held in his cell ftr him by members of the local post of the Salvation Army. A letter received by the Salvation Army today from W. Z. Bancroft of Denver, Colo., father of the convicted man. was given to him. The epistle expressed a father's love and anxiety for his rjywird son. Its contents caused the sentenced man to weaken and, rocked with remorse, he wept. Tho letter, which Is the first word to be received from relatives of the criminal. Is headed Bancroft Dec orating company of Denver. The father, who is manager of the con cern, pleads for news of his son and says that he had not heard from him during the past year except Trom a detective who said that Ban croft was working out of Denver with a gang of thieves. Mr. Bancroft was informed of his son's plight recently In a letter from Captain Conrad of the local Salvation Army post. The sentenced man this afternoon answered his father's letter In words which show remorse for the deed he committed. "I would not have 'done such a thing if I had of taken the second thought." the .slayer said in his letter. "And father I am sorry that I have done this and have gave my heart to my heavenly father and have asked him to forgive me for my sins that I have sinned. And father I will pray for you until the last minute." Bancroft expresses appreciation for the work of the Salvation women in his behalf. ' "I will say that if it hadn't been for these women that I would not of got ten on the right path toward our heavenly Father." His letter continues: "I would not have been a saved man today and I know that I will see my mother up there with the angels." Bancroft instructed Captain Conrad to tell Mrs. Taylor, wife of the man he had murdered, that he was sorry that he had killed the sheriff. He then asked to talk with Sheriff E. R. (Jinks) Taylor, who was called in. Bancroft then asked him to forgive him for murdering his brother. Sheriff Taylor, deeply moved and with tears In his eyes, told the slayer of his brother that was all he could do. Sheriff Taylor will leave tomorrow morning for Salem with Hart to de liver him to- the state penitentiary. In the party will be two youths, Vic tor Arego and Henry Gass. sentenced for a minimum of three years for automobile stealing by Judge Phelps yesterday. BYSECDMD DUSTER Victory of Re-election May Be Nullified. DISASTER STIRS SENTIMENT New York Assemblymen Like ly to Be Declared Disloyal. CONFERENCE IS SUNDAY Meeting Called to Decide I'pbn Action to Be Taken Monday When Session Convenes. ALBANY, N. Y., Sept- 17. (Special.) The members of the state as sembly will meet here with Speaker Sweet on Sunday afternoon as the re sult of the re-election of the five ousted socialist members of that house at the special election In New York city yesterday. The meeting is) called for the purpose of deciding upon some action for Monday night, when the special session convenes. Speaker Sweet has iefused to make any statement on what course of ac tion tne assembly members will take. He did say, however, that he had re ceived many letters from different members of the house, statins that they are willing to express their view on the subject at the Sunday after noon conference. It is the opinion among upstate legislators that the men will n6t be allowed to remain in their seats through the special ses sion. Even the amendment of their constitution to fix any objectionable measures is said to have no influence with the legislators who want them ousted for a second time. DU.ltr Stira tp And.. The speaker probably will be the chief spokesman at the conference. Senator Walters, majority leader of the upper house, also will attend. He will arrive tomorrow from Syracuse. That the disaster of yesterday in New York city will cause anti-socialist sentiment is the consensus of opinion here today. Up until yes terday it generally has been thought that for peace the socialists would be allowed to remain in their seats. The disaster, however, will have & ten dency to eliminate any such action. It is thought that the socialists will be disqualified by affidavit showing that they are disloyal. Senator Lockwood, chairman of the housing committee, is trying to get the housing programme in shape be fore Monday night. The programme has been revised many times, due to disagreements on the part of the members of the committee. No def inite statement can be obtained from any member of the committee until the first meeting of the. legislature. ' Fusion Candidates Overcome. 'Erery one of tne five socialists ex pelled from the assembly last spring at the behest of Speaker Sweet and other majority leaders won yesterday their fight to be returned in the spe cial election ordered by Governor Smith. The five overcame fusion candidates agreed upon by democrats and republicans. The vote was much lighter than in the regular election last fall, but the older parties which fused lost almost twice as much as the socialists, so that the latter won by a comfortable majority. That the five ejected socialists won through the votes of democrats and republicans who resented the methods of Speaker Sweet and others who di rected the ouster last epring was suggested by the fact that of the six districts where the special election was held, in the nineteenth, Brook lyn, the socialist candidate, who was not one of those ousted, failed to win. In a three-cornered fight the demo cratic candidate, Benjamin C. Cling man. was elected to fill the place of the late assemblyman, John Damico. The elected socialists will be chal lenged again when they attempt to take their seats and another will be made when they appear to take their path of office. This was said last night on authority of a man close to Speaker Sweet. Insult Declared Added. Assemblyman Cuvlllier of Harlem wrote yesterday to Speaker Sweet and expressed the opinion that the five socialists, if re-elected, "will not be entitled to their scats in the assem bly." He declared that since article 111, section 2, of the state constitu tion, provides that the members of the assembly ehall be chosen for one year, and as the seats of the five have been declared vacant, they can not Bit .during this year. If the so cialists had nominated other candi dates than those ousted, he said, the question of their right to seats would have to be determined by an inves tigation of their fitness, "but sending these men back, who were expelled for disloyalty against the government of the United States, is only adding insult to the assembly, and I for one shall, without hesitation, vote to un seat any of the above men if elected." Another fight against the seating of the re-elected assemblymen would take up a great deal of the limited time which the special session of the legislature, which is to qonvene Mon day night, has at its disposition if it is to adopt pressingly needed rent and housing legislation by October - Concluded on Page 2. Column Mrs. C. A. Carlson and C. Saw yer Inflict Abdominal Wounds. Mother Treated by Son. Mrs. C. A. Carlson. 69. 65 East Thirtieth street, attempted suicide yesterday morning at 11 o'clock by slashing her abdomen with a pocket knife. She -was found lr the bathtub in her night clothes by her daughter, Kdna O. Carlson, who had left the house for a few minutes to go to a neighboring store. Physicians at the Good Samaritan hospital, where the woman was taken for treatment, be lieved last night that there was little hope of her recovery. Mrs. Carlson had been suffering from melancholia for several years, according to her daughter, and "had been closely watched during the laM few weeks to guard against any attempts of suicide. Yesterday morn ing, believing that her mother would remain in btd during her absence, the girl left the house for a few minutes," but on her return found her mother in a pitiful condition in the bathtub, and suffering great pain from her self-inflicted wounds. The woman was taken to the hos pital, where she was attended by her son. Dr. C. K. Carlson, who received his medical degree less than a year ago, and Dr. Otis F. Aikin, In whose office Dr. Carlson Is employed. It was found that the woman had las ceratcd herself in. such a manner that her recovery is doubtful. VANCOUVER. B. C Sept. 17. N. C. Sawyer, aged 72. of Fort Bragg. Cal., committed suicide at the home of his sister, Mrs. A. Reid. here early today, according to police Investi gators. The body was found in a bath tub, death having resulted from wounds in the abdomen. Ho had been suffering from rheumatism since arriving here to visit his sister. VETERANS MEET SEPT. 25 Men of "Wild West" Division to Hold Ileunlon in Scuttle. SEATTLE, Wash., Sept. 17. Hun dreds ol veterans of the 91st (."Wild West") divisions from all parts of the west will gather here next week for the first annual reunion -of that or ganization. The reunion will open Saturday, September 25, the eve of the anniversary of the beginning of tne Meuse-Argonne drive, in which the 91st took part. The local arrangements committee has provided accommodations for at least a thousand visitors and has pre pared an elaborate entertainment pro gramme. VICTIM SAVES SECURITIES Man Who Lost Leg In Explosion Delivers Papers in Hospital. NEW YORK, Sept. 17. (Special.) One man who lost a leg in the Wall strjeet explosion was carrying a large number of securities for delivery to a Wall-street banking house. Neither his name nor that of the banking house was revealed, but it was learned that a representative of the bankers later visited him in the hospital. There the wounded man made safe delivery of the securities. GENOA EXCHANGE BOMBED Timo Explosion Causes Slight Dam age to Financial Center. LONDON. Sept. 17. A time bomb was exploded at the stock exchange In Genoa today, says a dispatch to the Exchange Telegraph from Genoa. Some damage v.as done, but there were no casualties. The authors of the outrage were not apprehended. INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature. 77 degrees; minimum, 50 degrees. TODAY'S Occasional rain, cooler; south westerly winds. Politics. Impoverished treasury alarms democrats. Page 1. Re-elected New York socialists face second ouster. Page 1. Late returns increaj. Hart's lead. Pag 4. Conrtitution la at Issue, deoiaree Harding. Page 2. Cox pledges aid in solving California's oriental problem. Page 2. Itaraestic. Evidence that explosion was due to planted bomb is held to be conclusive. Page 1. National. United Btates rejects packers' plans for sale of stockyards. Page 6. Pacific Northwest. Amundsen Is caught In Siberian floes. Page 1. Elate land board to sell 12,000 acres of scrip. Page 1. 447 Japanese live In Oregon and own $300,000 worth of property. Page rNell Hart breaks down when he gets home leWer. Page 1. Big reclamation programme is Page 2. Sport. Coast league results Portland 6, inento 1: Seattle 3. Salt Lake urged. Sacra- Los Angeles 3. Vernon -; San Francisco 2, Oakland 1. Page 12. Johnny Murphy tells of treatment on Ant werp trip. Page 12. Tillman to fight McCarthy at Milwaukie. Page 13. Commercial and Marine. Average level of wholesale prices Is grad ually declining. Page 19. Wheat higher at Chicago on talk of ex port sales. Page 19. Sharp advances in Wall street stock mar ket. Page 19. Service out of Portland to west coast Is planned. Page 13. Portland and Vicinity. Mayor suspends policemen who killed Robert W. Hedderly and charges are filed. Page 1. Wife shoots at husband when she finds him with alleged vampire. Page ll. John E. Young named Portland fire chief. Page 7. Man and woman use knives in suicide efforts. Page 1. Girl says officer man-handled .her. rage 3. League of nation termed foe to American constitution. Page . Slayers of Hedderly Laid Off for Hearing. ATTORNEY FILES CHARGES Killing of Suspect Is Declared to Be Outrage. NEW WITNESS PRODUCED Police Conld Have Captured. Sus pect Without Firing Shot, De clares Street Cleaner. W. I. Morris and E M. Jackson, policemen who participated in the shooting of Robert W. Hedderly on September 10. were suspended yes terday by Mayor Baker pending the " report of the grand jury now investi gating the case and also a special hearing to be conducted by the mayor Tuesday afternoon. The suspension of the policemen followed filing of charges against the men by Barnett II. Goldstein, attor ney for Mrs. R. W. Hedderly. the widow. Both Morris and Jackson hold the rank of patrolman and had been as signed temporarily to work with the revenue officers. Following the coroner's inquest in the Hedderly case they were ordered back to regular duty. Morris for some time had been working in plain clothes with the e tectives and had bceu detailed to this same employment prior to his sus pension. .Suapenxion Lasts IS flays. Karly yesterday afternoon Ma?or Baker called Chief of Tollce Jenkins into conference, after which he an nounced that he had ordered both men suspended for 15 days pending th investigations. The charges filed by Attorney Gold stein revealed sensational evidence which was not presented at the coroner's inquest, because the police did not call Hillbrand Zoon, an em ploye of the street cleaning bureau tvho was an eyewitness to the shoot ing. Following the inquest. Mr. Gold stein obtained a statement from Mr. Zoon, who was standing on the cor ner of Grand avenue and Oak street at the time of the shootin. Shooting Held I'Bneeeiisrf. In his statement, Mr. Zoon says that he first noticed an automobile travel ing by at a rate of speed estimated at five miles an-hour. Almost at the same moment as he noticed the car. he said he was attracted by two men who were'' firing shots running from a corner in the direction of the auto mobile. An officer, whom Attorney Gold stein Identified by Zoon's discription ab Patrolman Jackson, ran about 15 feet behind tho car, according to Zoon, and fired the four shots in the direction of the automobile without Civing a command to stop. After fir ing the shots, Zoon assented that this officer said: "I believe I got him this time." Zoon said in his statement that the officer, could have boarded the auto mobile without difficulty at any time, but that he did not do so until he had fired the shots at Hedderly. Hedderly Handcuffed, Searched. When the Hedderly car was brought to a stop, according to Zoon, the pa trolman who fired the shots immedi ately placed handcuffs on Hedderly and ordered Zoon to search him. This Zoon said he did. finding no firearms or other weapons. He did find a small flask of whisky in Hedderly's pocket. Mr. Goldstein charged that Patrol man Morris without warning fired four shots at the Hedderly machine, and asserted that there was no occa sion, reason or necessity for the dis play or use of firearms in self pro tection or otherwise. He further charged that Patrolman Morris without any knowledge that a felony had been committed, and with out personal knowledge that a mls demoanor had been committed proj ected his revolver into the stomach of George Lewis, an alleged accomplice I of Hedderly. and commanded Lewis to "stick em up." Threat Held Prfmitnre. Mr. Goldstein said in his charges that there was no occasion for this theatrical but dangerous display of firearms, as Lewis had neither been advised of his arrest nor had he given the slightest indication of resistance, according to Mr. Goldstein. Mr. Goldstein pointed out that be cause no evidence showed that Hed derly had consummated any sales of liquor he could not have been charged with anything but a misdemeanor. The attorney cited the law to show that an officer is not empowered with any legal right to kill a human being except when necessary to overcome resistance to the execution of legal process; when necessary in retaking prisoners charged with or convicted of a crime who have escaped or when necessary in arresting a person flee ing from justice, who has committed a felony. Cane Held Outrage. "I' earnestly submit." read the , charges filed by Mr. Goldstein, "that the conduct of the officers in accom plishing the death of a human being, without necessity, is reprehensible. (.Concluded on Page o. Column 3,