VOL. LX-XO. 18,936 Entered at Portland (Ore rem) Postof f!ce as Srcond-CIass Matter. PORTLAND, OREGON, SATURDAY,' JULY 30, 1921 PRICE FIVE CENTS LETTER GIVES CLEW IN BRUMFIELD HUNT PORTLAND KELSO SHINGLE MILL 'HARDING AND PARTY IS PARTLY DESTROYED OFF FOR MOUNTAINS RIVER -AT MOUTH IS 43 FEET DEEP AERO FOREST PATROL SUDDENLY SUSPENDED '5 FATHER RAIL RATE CASE UNSIGNED MISSIVE DECLARED WRITTEX BV DENTIST. DRY KILNS AND BOILER ROOM 'ESCAPE FUAMES. PRESIDENT AND GUESTS TO . RUSTICATE FOR WEEK. FAILURE OF FUEL SUPPLY AF- FECTS WHOLE COAST. WINNER PUBLISHER SEES GEDDES AT DINNER Northcliffe and Ambas sador Are Guests. WIDOW V Roads Ordered to Grant Preferential Tariff. NEW RULING IS IMPERATIVE First 'Decision Strengthened Into Command. ; SEATTLE LOSES FIGHT Interstate Commerce Commission Reaffirms Findings on Co lumbia Basin Freights.. THE OREGONIAN NEWS bIiREAXI, Washington. D. C.. July 29. All un qualified order was Issued today by the interstate commerce commission requiring all railways affected by the decision in the Columbia basin rate case to put into effect by September 28 the new rates which were author ized some time ago. but which - the state commission of Washington has been resisting in their application to railway lines solely within that state. This order places in positive form the issue that before was optional with the railways. When the inter state commerce commission decided that Portland and Vancouver, Wash., were entitled to a 10 per cent better rate on cereals and certain other com modities than were Puget sound ports and Astoria, Or., from points in the inland empire south of the Snake river, no mandatory decree was i sued. First Order Optional. Railways were informed that the commission sustained the righteous ness of the claims made by Portland and Vancouver, and they were given permission to lower the rates out of the Columbia basin district south of the Snake river 6 "per cent to Port land' and Vancouver, and increase .them S per cent to Puget sound cities and Astoria. v When the railways, accepting this suggestion, started lo put the author ized tariffs into effect, they were confronted by determined opposition by Puget sound interests and the Washington publlo service commis sion. It was determined by the legal experts that if the railways put the new tariffs in voluntarily following the permission of the interstate com mission, opposition to these volun tary rates by the state commission did not bring it in conflict with the federal body. . vr Ruling Definite. But, on the other hand, if the inter state commission ordered the railways to issue such tariffs, then, the state commission was arraying itself against the federal body in whatever opposition It engineered. To put the full authority of the interstate com mission into the case, the order was issued today. The language of the order is in such form that It seems to leave no doubt of the interstate commerce commis sion's purpose. Tariff Change Commanded. "It is ordered that the above named defendants (the railroads), expect James C. Davis, "director general of the railroads as agent, according as they participate in the transportation, be, and they are hereby notified and required to cease and desist from practicing the undue prejudice found in said sup plemental " report to exist against Portland, Or., and Vancouver, Wash., in the relation 6f (A) class rates for interstate application between said Portland and Vancouver, on the one hand, and points in Washington, in the Columbia river basin, south of the Snake river, on the other hand, as described in said reports, and (B) cor responding rates for intrastate appli cation between Seattle, Tacoma. South Bend, Hoqulam and Aberdeen, Wash. on the one hand, and said points in the Columbia river basin, south bf the Snake river, on the other; and to es tablish, put in force and maintain class rates for intrastate application between said Seattle, Tacoma. South Bend. Hoquiam and Aberdeen, on the other hand, which shall not be less than 11 per cent in excess of the cor responding interstate rates contem poraneously maintained by them on like traffic between said Portland and Vancouver, on the one hand, and said points in the Columbia river basin south- of the Snake river, on the other." Quirk Actio Expected. The same language was used in a second paragraph of the order, cover ing grain and grain-products, making the same requirements of the rail uays for these commodities that are eet forth above for class rates. It is noted in the preliminary state m e n t that neither Commissioner Aitchison. formerly of Oregon, nor Commissioner Campbell, formerly of Spokane, participated in issuing the order. It is assumed that the railroads will put the new tariffs in effect at once. The Washington public service com mission and the Puget found-interests opposing the new schedutes still have recourse to the courts, but the ques tion at issue, which is power of the interstate commerce commission to control Intrastate rates, will probably tCooc.uucd ob Pas 3. Coluaia 3.) Communication Basis 'of Theory That Dentist Is in Hiding in Vicinity of Bend. BEND. Or., July 29. (Special.) An! unsigned letter mailed July 55 from Tumalo by "Aunt Moll" Nichols, was the basis for the theory entertained by Roseburg officials that Dr. R. M. Brumfield, reputed slayer of Dennis Russell, was in hiding in the vicinity of Bend or Tumalo. Sheriff Roberts declared today. The letter was sent to Sheriff Starmer of Douglas county. According to a telegram from the sheriffs office in Roseburg, just re ceived by Sheriff Roberts, writing ex perts have declared the letter to have been written by Dr. Brumfield. while the address was by some other per son. Miss Nichols, questioned by Sheriff Roberts and Deputy Griffin, admitted that she had mailed the letter, and told the officers that she knew the author. She refused point blank, how ever, to disclose his identity, they re ported. It was understood that the letter referred to -a. Bend resident, formerly close friend of Dr. Brumfield in Roseburg. intimating that assistance might have been extended the sus pected murderer by the local man. The identity of the supposed friend was being closely guarded by the authori ties. Roseburg officials took the view that the letter was sent to give them a false clue. To take part in the search for Brumfield, Deputy Sheriff Hopkins of Roseburg, known as the "shooting deputy," was reported to be on his way here, and was expected in either tonight or tomorrow morning. He will conduct the search between Bend and Klamath Falls, it was under stood. BAKER. -Or.. July 89. (Special.) George Herbert, sheriff of Baker county, received a telegram from Sam W. Starmer, sheriff of Douglas coun ty, indicating that Dr. R. M. Brum field, missing Roseburg dentist want ed on a charge of murdering Dennis Russell, a laborer, near Roseburg, the night of July 3, was headed toward Baker. The officers have been active in watching all automobiles coming toward Baker, but late tonight had not found any traces of the dentist. PEACE ACTION IS DUE Barding May Issue Proclamation on New England Trip." WASHINGTON, D. C, July 29. The possibility that President Harding may issue a proclamation of peace with Germany while he is on his New England trip was indicated to day at the White House. Although Attorney-General Daugh- erty has said that recommendations to the president would be withheld until Mr. Harding returns to Wash ington, it was stated that an earlier issuance of the proclamation might be decided on. According to Mr. Daugherty, the recommendations, which are being made the subject of exhaustive study, can be compieted quickly if called for by the president, but if not a week or two more may be devoted to the work. BEULAH -FLOODS RECEDE N'o Great Damage Done to Property in Wyoming Town. rauiHA .Tulv 29. Flood waters in Beulah. Wyo., which followed a cloud- I t burst last Wednesday night claiming. I two lives, had receded today without aee. according to advices received by telephone from Spearfish. South Da-1 kota. A blacksmith shop was swept away by the flood and part of the town in undated. The two victims, Mrs. Jennie M. Bower of Missouri Valley, Iowa, and her grandson. Arthur F. Bower, aged 8, Chadron, Neb., were drowned while en route as tourists to Yellowstone park. No other persons were SiiTied or in jured, the advices said. POLICE AFTER BANKER Warren G. Spurgin Believed on Way South With $1,000,000. CHICAGO, July 29. Warren G. Spurgin. missing president of the Michigan Avenue Trust company, who is being sought in connection with a $1,000,000 shortage .in the bank's ac counts, is now near the Mexican bor der which he is seeking to cross. Re cording to James E. McShane, assist ant state's attorney. I Three detectives were detailed to day to pursue Spurgin and it was de clared his arrest was expected short ly. It was authoritatively stated that he had been traced toward the Mex ican line through information supplied b;- a woman. A receiver was appointed today to take over assets which Spurgin left behind in his flight. 12,000 TO BE DISCHARGED Wholesale Reduction or Xavy Per sonnel Ordered. "WASHINGTON. D. C.. July 29. Twelve thousand enlisted men will be discharged from the navy upon ap Viicution to reduce the personnel to legislative requirements of the 100. 000 men for whom pay is provide!. Special orders were issued today to discharge upon request all men whose enlistments would ordinarily -'.x.ire between now and July 1, 1922, except radio, torpedo and engine men. ma chinists' mates, coppersmiths, bauds me:i. hospital and signal men. DENIAL CABLED TO KING Visitor Sends Word That In terview Is False. RULER MAKES STATEMENT Owner of Newspapers Leaves for New York Without Any Expla nations of Snub Being Made. WASHINGTON. D. C July 29. Lord Northcliffe, the most widely-known newspaper publisher of the British Isles, left Washington tonight after a two-day visit without having been if entertained at the British embas and without having received from bassy officials any of those attentions usually accorded by foreign diplo mats to distinguished fellow coun trymen. Both embassy officials and Lord Northcliffe maintained silence today with regard to the withdrawal of in vitations extended the publisher to stop at the. embassy and to attend a dinner which was to have been given in his honor there last night. The viscount, however, was understood still to regard the withdrawal of the invitations as an outgrowth of the controversy now raging in England between the Northcliffe press and Lord Curzon, the British foreign min ister. . Most of Guests Are Met. . Despite the withdrawal of the din ner invitations. Lord Northcliffe was understood to have met at a dinner given tonight by Mrs. E. B. McLean. wife of the Washington publisher, most of the guests he would have met at the proposed embassy dinner. Sir Auckland Geddes, the 'British ambassador, and a personal friend of the viscount, was understood to have been, there. Lord Northcliffe called on Sir Auckland yesterday to pay his respects. Many members of the cabinet and of congress were understood to have been among tonight's guests, although the list of those present was with held. Denial Is Cabled. The single new development here tonight in the controversy between Lord Northcliffe and Lord Curzon and also Premier Lloyd George, was a reply by the publisher to the state ment read in the house of commons by Premier Lloyd George and author ized by King George. The reply was in the form of a cablegram sent to Lord Stamfordham, private secretary to the king and was made public as follows: "Please convey to his majesty with my humbie duty my denial of ever having ascribed to his majesty the word or words as stated by the prime (Concluded on Pag. 2, Column 2.) THE QUESTION IS- WHO . i : It V J """" I I Although Blaze Makes Big Head way, It Is Controlled One. Hour After Discovered. KELSO. Wash., July 29. (Special.) Fire of unknown origin, which was discovered about 10 o'clock, destroyed a portion of the shingle mill of the McLane- Lumber & Timber company, situated in this city. The dry kilns and boiler room of. the plant were protected by a fire wall and escaped the flames, the stock in the kilns also being saved. Although the flames spread: rapidly and gained great headway before the fire apparatus arrived on the scene, within an hour after the fire was dis covered it was brought under control, but not before damage estimated ten- j tatively at about 150,000 had been I done. It is understood the company carried some insurance, but the amount could not be ascertained, be cause President McLane, was away from the city. - . This mill had a capacity of 500.000 shingles a day and during the last five months had been turning out the maximum quantity. It employed about 100 workers. For several years prior to""the world war it was rated as the largest shingle mill in the world.. The plant represented an in vestment of about $125,000. PIONEER, AGED 80, SUICIDE Daniel H. Hawn Shoots Himself at Grandview, Wash. PROSSER, Wash., July 29. (Spe cial.) Daniel H. Hawn. 80, shot himself at Grandview tonight, expir ing in 30 minutes. He was in his usual health and of normal mind a short time before committing suicide. He left a large estate. One son is president of the First National bank and another son is a druggist at Portland. Mr. Hawn was a highly respected pioneer of the, Yakima valley and a Mason for more than 50 years, also a veteran of the civil war. His wife died about two years ago, causing such grief that it -was believed to bave unbalanoed his mind. GOTHAM'S CITIZENS SWEAT Toll of Five Lives Reported, With 15 Prostrations. NEW YORK, July 29. (Special.) Temperatures reached a maximum of 89 degrees at 4 P. M. yesterday, with a toll of five lives in and near this city, and resulted in 15 prostrations. Two men were run over and injured when they sought to escape the heat by sleeping in the open. The highest temperature was one degree cooler than the maximum for Wednesday and. like Wednesday, was made bearable by a humidity percent age low as compared with that of sev eral of the other hot days this season. GOULD'S DIVORCE VALID Sew York Supreme Court Upholds Decree Obtained In France. NEW YORK, July 29. The New York supreme court today recog nized a divorce obtained in a French court by Frank Jay Gould, wealthy sportsman. Justice Mullan dismissed a divorce action brought by . Mrs. Edith Kelly Gould, declaring she had defended her husband's suit in France and had had her full day in court. PINNED IT ON HIM, LORD CURZON OR LLOYD GEORGE? Mayflower to Stop at. Plymouth, Mass., Where Executive Is to Deliver Address Monday. WASHINGTON, D. C. July 29. President Harding left Washington late today on the presidential yacht. Mayflower, for an absence of more than a week, most of which will be spent resting in the White mountains of New Hampshire: The first stop will be mads Monday at Plymouth. Mass., where the presi dent is to deliver an address at the tercentenary of the landing of the Pilgrims. He expects to arrive Tues day at Lancaster, N. H., where he will be the guest of Secretary Weeks. Mrs. Harding accompanied . the president. Also in the " Mayflower party were Speaker and Mrs. Gillett. Senator and Mrs. Frelinghuysen of New Jersey, Senator Hale of Maine, Senator and Mrs. Phipps of Colorado, Secretary Weeks, Jiepresentative and Mrs. Walsh of Massachusetts, Brigadier-General Sawyer, the president's physician, and Secretary Christian. The Mayflower is expected to ar rive off Plymouth- about 9 o'clock Monday morning. The president will review a parade before delivering his address late in the afternoon and in the morning will witness a pageant. He will regain Ma go aboard the Mayflower onday night and reach Port- nd. Me., Tuesday. From that point will zn hv AUtflmnhilA 1 1 T,nn . I caster. A convoy of battleships and de stroyers will pick up the Mayflower at Hampton Roads and accompany her to Plymouth. , f BRIDGE TOLLS INVOLVED Suit Seeks to Compel Payment of Bonded Indebtedness. VANCOUVER. Wash.. July 29. (Special.) A suit to test whether the county commissioners legally could spend the proceeds of the interstate bridge tolls on the building and im proving of public roads, was filed with the county clerk today, with George Hopp, editor of the Camas Post, named as plaintiff and Commis sioners Carson, Miller and Paul as de fendants. The commissioners were alleged to have passed a resolution to continue spending bridge funds on roads. Clarke county was still under a bond ed indebtedness of $450,000 for the bridge, complainant stated. The court was asked to' restrain the commission ers from spending the money on roads and direct- them to apply the funds on the bonded indebtedness. D. 0. LIVELY IS MARRIED Livestock Expert Reported to Be Wed to Mile. Marda Lasda. SAN FRANCISCO, July 29. D. O. Lively of San Francisco, formerly of Portland, Or., widely-known livestock expert and who during the war was a major in charge of the American Red Cross commission at Archangel, Russia, was married recently at Yoko hama, Japan, to Mile. Erna Marda Lasda of Riga, according to word re ceived by friends today. Lively was in charge of the livestock department of the Panama-Pacific International exposition here In 1913. Last September Mrs. Edna S. Live ly obtained a decree of divorce from Mr. Lively here. Columbia Is Digging Out Its Channel to Sea. PROJECT DEPTH IS EXCEEDED Jetties Scouring Out Way for Vessels, Report Says. FREIGHT PAYS FOR COST River Attains 40 Feet for Entire "6500 Feet and Is 43 Feet Deep for 4 000 Feet. The channel at the mouth of the Columbia river where the bar used to be has cut its way three feet deeper over a width of 4000 feet until there is now a depth of 43 feet at mean lower low water for a width of 4000 feet, and the project depth of 40 feet exists over the rest of a width of 6500 feet. This is one of the salient features of the annual report of Major R. Park, corps of engineers, officer in charge of river and harbor improve ment in the second Portland d'strict. This report, which has been forward ed to the secretary of war, was made public by Major Park yesterday. Jetties Add to Depth. Government surveys in June, 1920 showed a maximum depth of only 40 feet at the mouth of the river, and this depth existed for only 4000 feet In width. The Increase in depth and width of the channel has been ac complished by the jetties at the mouth of the river, without dredging The extent of this automatic im provement exceeds the greatest ex pectations of the engineers, as the project called for a depth of only 40 feet at the mouth of the Columbia. Another important statement made by Major Park in his report is that the saving in freights because of the Improvement of '.he channel between Portland and the sea during the last calendar year alone was more than twice as great as the total cost of the work, from the beginning of the present project, several years ago. Bigger Ships Mar Come In. Concerning the effect of the crea tion and maintenance of a 30-foot channel between Portland and the sea. Major Park says: ."The improvement has greatly in creased the draft of vessels that can ascend to Portland and Vancouver, and has enabled steamship lines to operate on regular schedules. - Vessels now arrive and depart from Portland at all hours and seldom have to wait for tides. There is a large saving in freights on the commerce handled in ocean-going vessels on the lower Co lumbia and Willamette rivers between Portland and Astoria and vice-versa. The savings last calendar year on the total of 2,916,039 tons is estimated to have been $6,414,570. S3.187.074 la Spent. "The total expended under the exist ing project to the end of the fiscal year was $3,181,074. of which $1,068. 651 was for new work and $2,112,422 for maintenance, not including $24,320 expended for maintenance from con tributed funds." Discussing further the project at the mouth of the Columbia river, the report states: "A draft of 34 feet is practicable at mean lower low water with a "smooth" bar. The total ex pended under the existing project to the end of the fiscal year was $13. 728.067.53, not including $475,000 and $25,000 contributed by the ports of Portland and Astoria, respectively, and expended for new work. Of this amount $11,422,010.20 was for . new work and $2,306,057.23 for mainte nance." - 2,816,030 Tons Pass Over. Besides the pure engineering fea tures of the district, the engineer's re port includes an analysis of the com merce of the Columbia and Willam ette rivers as follows: "During the calendar year 1920 a total of 2,916,039 tons of freight were carried over the bar at the mouth of the Columbia river, Oregon and Wash ington, viz.: 46.705 tons imported from foreign ports. 906.187 tons exported to foreign ports; 1,368,313 tons received from domestic ports and 94,834 tons shipged to domestic ports. -The traffic was handled In 976 entrances and 999 clearances made by 325 vessels. Foreign business was moved in tramp steamers and by nine steamship companies that try to maintain regular schedules. The do mestic business was taken care of by 19 steamship companies that also try to maintain regular schedules. "About 5 per cent of the total com merce required the full project depth "for its accommodation. At mean lower low water, the limit of draft for a loaded vessel is about 30 feet." Much Business) Is Done. The total commerce moving through the mouth of the Columbia river is tabulated in the engineer's report as follows: Calendar Short tons. Value. 1916 2,L"93.52 $ 61.11611.174 1(17 ... .2.337. S83 05.17.O0 IBlg 1.970.866 77.419.048 i19 2,317.734 110.703.6S7 iuO 2.016,039 170.580.i94 "All of the traffic reported SlM-lttl 60.665 16.1:i i 11.044 1 24.sttb ln this iConctuded oa'Paite 3, Coiuma 1.) Shortage or Oil and Gasoline Oc curs in Height of Season When Fires Menace Timber. The patrol service of the govern ment airplanes operating over the national forests between Eugene and Portland and throughout the Wil lamette valley will be discontinued for about a week, owing to the failure of the government to provide gaso line and oil for tne planes at Eugene and In Portland. This announce ment was made yesterday by the forest officials here, and the situa tion was regarded as serious, as the work of Scouting for -the fires is par ticularly important at this dry season of the year. Numerous fires hae been reported by the planes already this season, although none of them have proved serious owing to the fact that wardens were informed by the planes and hur ried to the scene. It is pointed out by the officials that the waste of few hours in reporting a fire to the lcokouts and getting men to the scene may mean the loss of thousands of dollars worth of timber. The error in providing the gas did not fall upon the shoulders of the patrol officials as the shortage was foreseen in plenty of time and a req uisition made. During the time that the service will not be operating, the base will be moved from here to Van couver, complying with government orders of a recent date. Forest officials here state that the service is not to be discontinued per manently but will resume when the new supply of government gas ar rives. OLYMPIA. Wash.. July 29. Because of a delay in the shipment of gasoline for government purposes from the east, the airplane patrol maintained by the department of conservation and development for forest protection has been suspended. SAN FRANCISCO, July 29. The United States forest service air patrol was idle throughout California today on account of the shortage of funds to purchase gasoline for the army air planes employed. Major H. H. Arnold, chief of the army air service- here, announced today. About 30 airplanes were affected. Major Arnold said he did not know how soon the situation would be, relieved. EUGENE. Or., .July 29. (Special.) The army airplane patrol for Oregon, with headquarters in Eugene, has been suspended temporarily on account of a shortage of gasoline at the avia tion field here. Orders have been re ceived by Captain Lowell Smith, in charge of the patrol, from Colonel H. H. Arnold, head of the air service on the coast, to suspend operations un til further notice. Officers said that gasoline and oil were ordered in June and were expected to arrive July 1. MARSHFIELD, Or., July 29. (Spe cial.) Two large fires were burning near Marshfield and on the Coqutlle river, 18 miles from Coos bay. Details of the fire on the Coquille, in the Conologue logging camp, have not been received, but the one near Marshfield, on Davis slough, was in the debris and slashings of the North Bend Mill & Lumber company's camp, and was spreading over considerable territory. INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 82 degrees ; minimum, 67; clear. TODAY'S Fair, northwesterly wind Foreign. Bow over Silesia acute. Page 2. National. Portland winner in rail rate case. Page 1. Government opposed to any meetings preliminary to disarmament conference. Page 3- Prealdent and party leave for week's out ing In White mountains. Page 1. Northcliffe and Ambassador Geddes guests at dinner. rage i. Triff committee after facta only. Page T. Financial accomplishments of admlniytra . tion are reviewed. Page 4. Domestic. Princess Fatima of Afghanistan is branded impostor upon royalty. Page 6. Pacific Northwest. Unsigned letter Indicates Dr. Brumfield Is hiding In vicinity of Bend. Or. Page 1. Hotels curtail phone service; proprietors testify. Page 5. Mis. Stone thinks husband was killed. Page 5. Northwest lumbermen told private owner ship is threatened. Page 7. Kelso shingle mill partly destroyed by fire. rage i. Sports. Shimidsu defeated by R- Norrii Williams. I Page 12. Murphy is excited about title claim. Page 12. . . PaclflcCoast league results: Portland 1. Vernon 10: San Francisco S. Salt - Lake 2? Seattle 4. Oakland 8; Los Angeles 1. Sacramento 0. Page 12. Ball plot trial draws near close. Pags 12. Commercial and Marine. Former transport Great Northern becomes flagship by order of Denby. Page 18. Wheat continues to drop at Portland. Page 19. New York atock market unsettled. Page 19. Grain market depressed at Chicago. Page 18. Portland and Vicinity. Non-partisans plan to organize here. Page 6. Forest conferees continue their discussion of timber problems. Page 13. Educator believes Japan has no warlike Intentions. Page 13. Parking limit would force auto men to leave Broadway, say representativea. Page 10. Fulton terminal of great benefit to Pacific northwest lumber interests. Page 10. i Roa.1 contracts awarded are S304.654. Page 1. Circuit Judge McCourt rules state-wide budget law out in Multnomah county. Page 4. I Aero forest patrol on Facinc coast sus- ! pended for lack or luei Page 1. Jlrf". A gees lather finds bloody coat t Pass 1- . HMDS GORY COAT D. J. Swing Tells of Long Hunt for Evidence. VACANT LOTS ARE SEARCHED Aged Man Relates Efforts to Save Daughter's Life. JUDGE REBUKES PARENT Testimony of Witness Is Declared Reprehensible When Conclusion Is- Stated on Stand. The finder of the blood-spattered overcoat, the gory hunting knife and th sheet of music pointing an accus ing finger toward the state's star witness, all of which may serve to clear Mrs. Louise Agee of the charge of murdering her husband, was none other than D. J. Swing of Norwood, Mo., father of the accused woman. Rewarding a search of weeks, in which he combed anory foot' oT ground for miles about the Agee res Idence and followed every possible clew, the articles which may save his daughter from the gallows were found by Swing, hidden in the under brush of a vacant lot at the corner of Wall and Lombard streets, on Sun day, July 17, testified the elderly man yesterday. ' Delay Held Justified. The evidence had remained in the hands of the defense since that time. John A. Collier chief counsel for Mrs. Agee, Justified is action In not turn ing the things over to the authorities by saying that Joseph H. Klecker, the janitor-music teacher, brought under suspicion by allegations of the defense, already was out on ball, thai an early trial was asked immediately, and that a woman's life was at stake. At the close of the session at 10:30 last night. Collier announced that the defense would conclude its case today within an hour. It was Inferred from this that he did not intend to place the defendant, Mrs. Agee, on the wit ness stand. A . broad-shduldered, . two-fisted man, whose ruddy face spoke of vig orous .outdoor life. Swing's 66 years were belled by his activity and ap pearance. Only his sparse, iron-gray hair told of the passage of many winters. About his face there was a resemblance to Champ Clark so marked as to be the subject of com ment by spectators. Directed Verdict Denied. He spoke in sharp, decisive tones and without hesitation. His smile was engaging, but it flashed seldom as he told his story. Once did his voice tremble - slightly, his eyelids flicker and his lips compress. That was when he told of receiving the telegram telling him of the death of his son-in-law, Harry Agee, of whom ' he said: "I thought as much, and almost more, of Harry as of any of my own sons." He had four sons and four daughters. The young woman to whose defense he traveled half-way across the continent, start ing the day he received news of the murder, is his "baby." his younsrest daughter. Desire t Get Truth Held Motive. Asked concerning the minute in vestigation he began on the moment of his arrival. Swing started: "Well, I was the father of the girl" and interrupted himself as Judge Morrow frowned, admonishing himself, "Cut that out!" and leaving out the senti mental side of it, again began his story with "I went out into the im mediate neighborhood to make a strict canvass that might lead to somebody implicated in the murder." The old man spoke not as one seek ing to establish the innocence or guilt of a person so much as one with the desire to get to the bottom of an absorbing mystery in which one dear to him was involved. Swing interviewed the neighbors for blocks around the vicinity of the Agee house at 1770 Druid street. He -combed the vacant places. He met two men who told of a man in an overcoat seen hastening from the vicinity of the murder; he talked with a man who had noticed a mysterious stranger hiding behind a telephone pole at Lombard and McKenna streets about 1:30 A. M. on the morning of the slaying. Convinced, he said, that the mur derer Jiust have been sprayed with blood and would have discarded stained garments. Swine continued his search. Coat la Object of Search. "After talking with these people did you start looking for tha coat?" asked Collier. "T did." responded Swing, "but not particularly for a coat but for any thing whicu might give some light on the murder. I searched as close and as diligently as a man could. Street by street and one vacant patch after another I canvassed, combing the un derbrush with my stick or my hands. 1 would go down in the morninfc every day and see my daughter In tho jail and make it back as quick as 1 could ani put in the rest of the day searching." The find, at Wall and Lombard streets was made about S o'clock on lC(;uUuut:d ou fatfe 4, Column l.j ItHD foi.o