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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 8, 1922)
rr jl iy i VOL. LXI NO. 19,153 Kntered at Portland (Oregon) Postofflpe as Second-clara Matter. PORTLAND, OREGON, SATURDAY, APRIL, 8, 1923 PRICE FIVE CENTS PREMIERS IN FULL ACCORD, SAYS ONE Team Work at Genoa Con ference Promised. CIVIL SERVICE LAW NOT TO BE IMPAIRED PARIS-LONDON PLANES THE OREGONIAN RADIO SENDS DANCE MUSIC BLAZE IN LODGINGS FATAL TO LOGGER SHOT IS DECLARED FIRED FOR HONOR COLLIDE; SIX KILLED DEFINED BY COURT IS DECLARED SEEN PRESIDEXT'S ONLY AMBITION IS TO GET EFFICIENCY. FLAMING WRECKAGE FALLS ORCHESTRA TUNES TRANSMIT TED SUCCESSFULLY. H. MeSHERRY OF GLADSTONE BURNED TO DEATH. INTO FRENCH VILLAGE. HUSBANDS RIGHTS MISSING BANKER LLOYD GEORGE VOICES HOPE Two Prime Ministers Discuss Problems in Paris. FRANCE DOUBLY CAUTIOUS Delegates Warned That Any Indis cretions at Conference Will Mean Their Recall. PARIS, April 7. (By the Associated Press.) The French and British dele gations to the Genoa international economic conference are going: to work together -with a determination to make that gathering: a success. Prime Minister Lloyd George of Great Britain said tonight after an hour'a talk with Premier Poincare. The two premiers had their conver- j sation in Mr. Lloyd George's sleeping' ear. Lloyd George headed a party of 20. including his wife and their daugh ter Megan, which arrived here today bound for Genoa, where the interna tional economic conference opens Monday. The continued illness of the Mar quis Curzon, foreign secretary, de layed his departure from England until next week, but Sir Laming Worthington Evans, secretary for war, and Sir Robert Home, chancellor of the exchequer, were with the pre mier. The remainder of the British experts and secretaries will leave T-ondon tomorrow. French Delegates Warned. Exeraordinaf y precautions are be ing taken to prevent indiscretions by members of the French delegation at Genoa. Louis Barthou, head of the delegation, has warned his cpllabora- tors that the first person who. com municates directly witfcf Paris in re gard to the proceedings of the con ference will be immediately sent back to France. In furtherance of this policy of secrecy, the presence of wives of the delegates has been frowned on, and several experts have been refused passports for their wives, who desire to accompany them. The onjy women with the delegation will be official stenographers. The French cabinet this afternoon approved the text of Premier Poin care's written instructions to the French delegation at Genoa, in which discussion of the reparations question Is declared to be outside the scope of the conference programme. Premier Poincare, on his meeting with. Prime Minister Lloyd George of Great Britain this afternoon as the latter was passing through, Paris on his way to Genoa, explained why it was considered Impossible to give the French delegates at Genoa full pow ers to bind their government. Mistake Is Remembered. It was pointed out in official circles that . the allied premiers in their meeting In Cannes demanded that Russia send delegates with full power, because on other occasions when delegates from Moscow en gaged in negotiations of various questions their acts later were dis avowed and the premiers desired to know that on the present occasion they were dealing with fully-qualified representatives. The French viewpoint is that in no case under a republican parliamen tary regime is It possible to bind a government without .the approval of its parliament. It is recalled by French officials that the United States sent its president to Paris to negotiate peace, but that the Ameri can congress exercised its rigb.t to make the final decision. POSSIBLE DISTURBERS HELD Genoa Insists Delegates Must Not Be Annoyed. GENOA. ..April 7. (Special.) The Italian police have raided all the city's night haunts and arrested 1400 men and women who, they thought, might molest or annoy the delegates to the coming conference. . Among them were persons with criminal records, 20 wanted by the police of other cities, 60 suspicious foreigners without documents and 100 beggars. These will either b'e'sent to some domicile still to be determined, or will be held here under arrest. GENOA CONFIDENT, HOPEFUL Conference City Fully Alive to Its Responsibilities. GENOA. April 7. (By the Asso ciated Press.) The majestic monu ment of Columbus dominating the square before the central railroad station, where' it seems to welcome the arriving delegates to the eco nomic conference, is accepted as a symbol by the Genoese that Genoa h-s discovered a new world and that thus the ancient Italian city, again molding history, will prove the cen tral point for the rebuilding and sav- (Concluded on Page 3, Column 3.) Change In Selection of Some of Postmasters May Be Made If It Is Found Necessary. WASHINGTON. D. C, April 7. Any intention by President Harding to impair the operation of the civil serv ice law was specifically disclaimed by White House officials today after the president's resent bureau of en graving dismissals again had been the target for democratic attacks in the senate. The intention of the chief executive, it was said by officials in his confi dence, 'was not in any sense to break down the spirit or the letter of the civil service regulations, but rather to improve the efficiency of govern- mental machinery under those regu- lations. The president was said to take the position that" as .head of the gov ernment he is responsible for efficient governmental administration. If there is anything in the "civil service that tends to tie the hands of the execu tive, it was said, it will be looked into, but without any effort' to un dermine or attack the civil service system, It also was asserted that there is no intention at present of changing the method of selecting the postmasters under the presidential appointment xne department recognizes there is considerable criticism in some quar ters of the prerent method of se lecting postmasters, ho .ever, and of- iiciais suggested that if there was too much irritation the president ! might be forced to withdraw fmmA t t under th moHifw .in service plan. An alternative had been suggested, it was added, for the president, in case the irritation increased, to with draw the first, second and third-class postmasters from the civil service, where they were placed by executive order, and to have persons desiring appointment as postmasters to take a civil service examination upon recommendation of their congressmen so that postmasters could be named from the list. It was made clear, however, that the administration had no intention of abandoning the present system. BALCONY NEARLY FALLS Supports Slip Under Weight of Grade School Pupils. THE DALLES. Or., April 7. (Spe cial.) A narrow escape from disaster was experienced at the .high school auditorium this afternoon while the band was giving a concert to school children who were not permitted to attend the evening concert. Children from all grade schools in the city crowded into the high school audi torium, filling the first floor and bal cony to capacity. Principal Abrahamson chanced to glance at the ceiling supports when the concert was at its height and was terrified to see that the steel rods holding up the balcony were slowly slipping loose fnpm their anchorage in the ceiling. He hurriedly cleared the balcony of most of the pupils upon it, and an examination showed that, under moderate weight there was no further danger. Had the balcony fallen there would without a doubt have been a large number of injuries, if not fatalities. GALLI-CURCI GEMS FOUND Jewels Reported Stolen Restored to Singer by Expressman. SAN DIEGO. Cal.. April 7. The jewels valued at $45,000 reported lost by Madam Galli-Curci, noted singer, at a restaurant at San . Juan Capis trano yesterday were found today by an automobile expressman and re turned to their owner, according to an announcement made tonight by her manager. . . The jewels were beneath a tree by the side of the highway between this city and Los Angeles. FIGHTERS REPEAT FRACAS One Pendleton Man Fined; Other Placed in Jail. PENDLETON, Or., April 7. (Spe cial.) Thomas Marr and A. Brown led of this city had a fight. Marr was fined $10 and fhe case was set tled. Just outside the police station Marr met Brownled. The latter eald: "Well, you won t do 't again." It was done again, and now Brownled is in jail charged with disurbing the peace. GOVERNOR fiEILY ACCUSED Use of Public Funds for Private Purposes Is Charged. SAN JUAN, P. R., April 7. (By the Associated Press.) E. Mont Reily, governor of Porto Rico; Auditor Kes- singer and Governor Reily'e private secretary, John Hull, are charged in a grand jury presentment with misuse of public funds for private purposes. There are four different counts against the men mentioned in the pre sentment. IRONWORKERS' PAY RAISED Reading Company Posts Notices Announcing Increase. READING, Pa., April 7. The Read ing Iron company posted notices to day raising puddlers' wages from $6 to $6.50 a ton. Laborers' wages are increased from 22tt-to 24 cents per hour. Abuse of Credit by Wife Is Outlawed. SUIT AGAINST EARL LOST Debt by 'Mate Who Eloped Need Not Be Paid. I ai-r OUT ITU Llml I rl) I UlM DRESSES English Justice Fails to See Any Reason for 50 or 60 Expen sive Gowns In Tear. (Copyright by the New Tork World. Pub lished by Arrangement.) LONDON, April 7.-"-.(Special Cable.) Justice .McCardie, a judge of the higa court, a bachelor of 63 and of ripe experience, yesterday laid down what is already called "the hus band's charter," and what, almost certainly, will become the subject of heated controversy. This was his decision In favor of Earl Cathcart in the suit against him, brought by dressmakers for payment for eight gowns which the countess purchased before the earl divorced her last February. As to the gowns that caused the litigation, the learned justice ex pressed the opinion: "I believe she really desired these gowns with a view to her elopement to Deauville with the Earl of Craven. In his decision the bachelor-jurist remarked: '1 fail to see any circumstances which would justify 60 or 60 expensive- dresses for a wife in the course of a year." Warning Given by Judge. And he gave this warning: "It is. time that tradesmen realize that where a husband gives his wife an allowance the wife has no right to pledge her husband's credit be yond that stipulated allowance and that a tradesman will be taking a chance- if he goes on any other assumption." Some other of the Justice's im portant dicta were: - "It is for the husband, and not the wife, to fix the scale or standard of their social and domestic life." "Even If an allowance be not agreed upon, yet if it be fixed in amount and clearly announced to the wife, it deprives her" of any agency to pledge her husband's credit." "Anyone who trades with a mar ried woman on credit, so far as it goes against her husband, does so at his own risk." Simplicity Held Essential. Justice McCardie's opinion was interlarded with epigrams such as: "High rank often indicates a low balance at the bank." . "Extravagance is not a mark of the gentle woman; profusion is not a necessity of honorable rank." "Simplicity is an essential feature of u&eful and honorable citizenship." "Prodigality is . a feminine fault, not a feminine necessity." "When the social structure is being (Concluded on Page 2, Column 4.) IT'S GOING TO BE A HARD 1 - I I 1 ! Pilot, 3 Passengers, Mechanic and Cabin Boy Die When Aerial Expresses Crash in Fog. PARIS. April 7. (By the Associated tress.) Six persons were Klllea to day when airplanes on the Paris London aerial express route collided over the village of Thleulloy, 70 miles north of Paris, and crashed to earth. The dead are: Bruce Tale, a iiew York exporter, and his wife, who were homeward bound "by way of England in the French machine. M. Bouriez, another passenger in the French craft. Aviator Mire, pilot of the French machine. . Mire's mechanic and cabin boy of the English machine. The entire personnel of both ma chines except Pilot R. E. Duke of the English craft met death, either in the crash or In the flames that fol lowed it." Duke, who was seriously injured was still unconscious late tonight. Late tonight it was asserted that the American victims of the disaster had registered at a Paris hotel as Mr. and Mrs. Christopher Bruce. They are said to have arrived in France on board the steamer Empress of Scot land, which sailed from New Tork in February. The French ' airplane, piloted by Aviator Mire, aided by a mechanic, was carrying three passengers. It left Lcbourdet, in the environs of Paris, at noon for London. The Brit ish airplane, which left Croydon, In the London area, this morning, car ried mail and was manned only by a pilot. The British machine, piloted by Av iator Duke, had been in use only three days: on the express route. It be longed to a new company operating Paris-London service. , The accident occurred during a fog. LONDON, April 7. (By the Asso ciated Press.) The Brlt'sh airplane which collided with a Frejch passen ger liner in France" today carried no passengers, only the pilot, named Duke, and possibly a cabin boy be ing on board, according to authorita tive information in 'London tonight. The presence of the cabin boy on board had not been definitely estab lished late this afternoon and at' that time the air ministry had not been advised that the pilot was killed. The British machine was one of a number operated daily in the London- Paris service for passengers, mnils and goods by three British and two French companies. The average num ber of planes making daily trips each day is six and the total number of passengers daily usually averages about 20. The passengers in the Paris ma chine were: M. Bouriez, M. and Mme. Julien Brusl. REPUBLICANS PLAN DRIVE Effort to Be Made to Wipe Out $375,000 Debt. NEW TORK, April 7. A drive to wipe out the $375,000 debt which still faces the republican national com mittee will be made in New England and the north Atlantic states at once, was decided today at a meeting of the committee's sub-committee on finance, called by Charles D. Hilles, chairman. Every committee member from the sections named will .seek to get his quota of the debt in the next few months. CASE FOR EVEN A SPECIALIST LIKE LLOYD GEORGE. Musicians .Play Into Huge Set of Wooden Sound Collectors. Fine Effect Obtained. Orchestra 'music, clear and distinct enough to dance to, was sent out over the city and surrounding country for an hour last night from The Ore gonlan radio tower in a special con cert originally intended as an ex periment and which proved highly successful. It was the first time or chestra music had ever been sent by radiophone in Portland. The music was furnished through arrangements made by Seiberling & Lucas with George Olsen's popular Portland hotel orchestra of seven pieces. The transmitting set of the radio apparatus was handled by J. B, Weed, local manager of the ehipown ers' Radio Service, installers of The Oregonian radio system. The concert consisted of a pro gramme of ten selections, the first of which was "Marie." Immediately after this piece was finished reports began to come into the tower by telec-hone that it had been heard clearly in all quarters. It was fol lowed by "Just a Little Love Song,' The Sheik," "Song of India," a sax ophone solo, "Gypsy Blues, played by F. E. Elliot; "Dear Old Southland, "Ten Little Fingers and Ten Little Toes," "Ragtime Pipes of Pan," Everybody Step," and an improvisa tion with an imDromptu title, "The Golden West Hotel Blues." In order to insure the success of the orchestral programme a set of huge wooden sound collectors was construeted and installed, and into these ' the orchestra placed. They were connected witn a coiiecior transmitter onto which was fastened the transmitter of the radiophone. After the first half of the programme had been played it was decided to have the orchestra play Into ene of the sound collectors and to shut on the others. This proved much Better for the large unseen audience, as re ports again came into the tower to the effect that the music was even more distirfct than before. One of the listeners, after the con cert, said that if orchestra music be came a regular part of The Ore gonian radiophone schedule it would be possible for all stations equipped with magnavox attachments to hold radiophone dances during the or chestra concerts, as the music naa been quite loud enough and of such excellent quality that dancing to it would be a pleasant matter..- The fifth series of specially-select ed phonographic records ,rom tne public- school memory course under the supervision of Miss Mary Eliza beth Godwin was sent broadcast from The Oregonian radio tower yesterday afternoon. This series was well received, as telephone calls from different parts of the city proved. The records played were: (1) "Blue Danube Waltz" (Strauss); (2) "The Little Old Log Cabin in the Lane" (William O. Hays); (3) "To a Wild Rose" (MacDowell); (4) "O Sole Mio" (My Sunshine), a Neapolitan folk song; (5) "Stars and Stripes" (Sousa). Several newly-installed receiving sets reported in following tne per formance. Their owners said they were delighted with their successful reception of The Oregonian's radio programme. A lad living near the end of the Sellwood carline said he had just completed a set which he had been working, on for several weeks, and that The Oregonian concert was the (Concluded on Page 3. Column 2.) Depositions Are Read in $45,000 Insurance Trial. CALIFORNIA TRIP RELATED Kelso Man Said to Have Been Identified. WITNESS DECLINES OATH Orvalle Onorato Avers He Was Pos itive, but Refuses to Swear That Person Was Stewart. TACOMA, Wash., April 7. (Spe cial.) Depositions, the authors of which were fairly certain they saw Fred L. Stewart, missing Kelso bank cashier in California, were read in the federal court here today in the hear ing of Mrs. Maude E. Stewart's action to recover on $45,000 in life insurance policies held by Stewart in the Pru dential and Mutual Life Insurance companies. Nearly the entire day was taken up In read'ng the depositions. That of Orvalle Onorato was to the effect that he was certain he had seen Stewart in Pasadena, in April, 1921. Onorato declared he had lived near ly all his life in Kelso and on several occasions bad gone to the bank with his father to make deposits. He de clared at the time of making his deposition he was In the aviation service and stationed in souinern California. Stewart Declared Seen. He told of being with a man named Hall and driving through Pasadena in April and of seeing Stewart on the street. He had been mistaken in per sons before, he admitted, but was sat isfied that he saw Stewart in Pasa dena. At the time, he declared the automobile was going slowly and he had first seen Stewart when he was about 100 feet distant. He did not call to him, "he said, but was more than satisfied it was Stewart. He de clared he did hot know Stewart was missing until he returned to Kelso. He said he had talked with several persons in Kelso and had told them of seeing Stewart. On cross examina tion he said: "No one believes you have been in southern California un less you have seen Fred Stewart." Bank Manager Is Called. He declared he would not take an oath it was Stewart he had seen but he was positive and that he saw Mrs. Stewart and her son later at Elsinere, Cal. In an effort to show that certain characteristics of Stewart were not so prominent as had been dwelt upon by the plaintiff, G. H. Raleigh, manager of the Bank of California, Tacoma, was called by the defense. Raleigh testified that he had known Stewart for about ten years and In this time had met him probably a dozen times. On the last two occa sions these meetings had been on a train en route to Portland. He said about Stewart's mouth and that th. j pictures shown to him looked very much like Stewart. The deposition of Walter Comber I brought out another witness who was I positive he had seen Stewart in Riv I erside and other parts of California. Comber Met First In J814. Comber declared hp first met Stew art in 1914 when he had gone to Rainier national park In a car driven by Comber. Comber declared the ticket ' which Stewart had bore his name and that he had talked with him on other occasions In Seattle. Comber declared that he would will ingly come to Tacoma as a witness, providing his fare was paid and ar rangements made to look after his taxi business in California. George EUwood of Laverne, Cal, was on the stand again today and swore he had seen Stewart and had tried. to speak to him and that Stew art had entered a taxi and had been driven away. He declared he did no, know at. the time that Stewart was massing. He said he had known Stew art in Kelso. Ellwood, while working as a bar ber at Kelso, had often shaved Stew art, he said. He was working as a traveling salesman when he met th! man he believed to be Stewart at Hanford, Cal. CHILD WIVES MUST STUDY California Part-Time School Law Affects Matrons Under 18. SACRAMENTO, April 7. Married women under the age of 18 cannot escape the provisions of the com pulsory part-time school law, it was j held today by Dr. Edwin R. Snyder, state commissioner oi vocational eau cation. The ruling was the out growth of a situation said to prevail in Santa Rosa. Marriage in the eyes of the law does not constitute grounds for ex emption. Dr. Snyder said, and those who evade the provisions of the law are likely to be investigated by the truant officers. Dr. Snyder also held that the hus band of such a minor married woman would be held liable for failure to enforce the provisions of the law. - Fire Believed to Have Started as Result of Cigarette Two Held as Drunk. H. H. MeSherry, 41, logger of Glad stone, Or., was burned to death last night in his room in the Northwest apartments, 54514 Washington street. The fire was thought by Fire Marshal Grenfell to have started from a com bination of moonshine and cigarettes. At 10:50 an alarm was answered by downtown apparatus. They found fire blazing fiercely on the second floor of the three-story frame build ing, the lower floor of which is used for business purposes and the two upper floors for apartments. The seat of the blaze was in apartment No. at the head of the street stairs, and the alarm had been turned in before it had a chance to spread to hallway and other apartments. MeSherry was found in his bed rocKn several minutes after the lire was out. He was lying, face down at the door, apparently having been overcome with smoke as he groped to unlock It. A later investigation showed that he occupied apartment No. 1 with Edward McGuire, who was on the third floor when the lire start ftrt Mt-niiire and J. T. McKinney, a cousin of the dead man, were arrested by Patrolmen Forken and Finn, booked as drunk, and to be held for the coroner's orders. McGuire andi McKinney admitted to InsDectors mat tne three of them had been drinking during the day, and McGuire told how MeSherry yesterday afternoon had laid a lighted cigarette on the mattress, setting it afire. They said that they poured water on the blaze. McKenn-ey said that half an hour before the alarm of Are he went up stairs to talk with a friend. When he heard the bells and rushed, to Mc Sherry's room to get his coat he found the door locked. He kicked at it, but heard nothing from within and dashed downstairs to escape the thickening smoke. Not until McSherry's body was found did he know his cousin had been trapped, he said. There was no doubt in the mind of Fire Marshal Grenfell that the fire started in the vicinity of MeShtrry's bed. When found by firemen he still had: one shoe on, and both McGuire or, th officials believe that Me Sherry laid' a cigarette on the mat tress, started to take off his shoes and dropped to sleep, while the jfTgar ette set fire to the mattress. MeSherry hiad followed the logging trade in the vicinity of Portland for about 20 years. He was going into the woods for the summer. The coronet took charge of the body and will hold an inquest today. The apartments were operated by Mrs. Elizabeth J. Wilson. Her loss was about . iuuu. iwinage id " building was estimated at $2500 and was confined to half a dozen apart ments on the second floor. SNOW FALLS ON HEIGHTS Storm Leaves Thin White Blunket on Grass and Roofs. Residents on the heights were re minded f the fact that Old Man Win ter has not entirely gone out of busi ness last night, when the unwelcome scamp spread a mantle of snow over the higher portions of the city and the surrounding hills. While the snow melted rapidly on walks and. open ground. It cast a thin blanket of white over grass and roofs. 11 was accompanied V '. f I sleet. INDEX OF TODAY'S NEWS -- The Weather. YESTERDAY S Maximum wmprniur., o. degrees: minimum, 44 degreea. TODAT'S Rain; northwesterly winds. Foreign. Husband's rights defined by court. Pag 1. Six killed In collision of Paris-London planes. Page 1. Whisky warehouse In Dublin raided. Page 8. French and British delegations to pull to gether at Genoa conference, rage l. Francs begins to realize United States wants no European entanglementa. Fags 20. National. Federal Judge bill passed by senate. Page 2 President does sot Intended to impair civil service law. Page 1. Super-power project for Atlantic seaboard considered by cabinet. Pags 7. Domestic. General Semenoff denies charge of theft Page 2. Day's shot fired to protect honor, not life, says prosecutor. Page 1. Arbuckle defense Is put under fir. Page 3. Pacific Northwest. Seattle and Tacoma may bury hatchet Page 4. Big mining dreams at Cottage Grove shap ing into fact Page 6. Dr. E. A. Bryan elected to hesd educators at Spokane. Page 3. Missing banker is reported seen in Callfor- nia. Page 1 Grand jury to probe morals in Spokane schools. Page Sport. j Triple main event, fight menu tonight age a. Pacific coast leagus results: at Los Ange les 1, Portland 0; at Sacramento 8. Oakland 1; at Ssn Francisco 18, Seat tle 12; at Salt Lake 6. Vernon 1. 'Page 34. Local guns are class In opening day of big ahoot. Page 15. Commercial and Marine. Northwestern flour mills closing for lack of export orders. Page 20. Chicago wheat averages higher with lit tle selling. Page 20. Further advances in liberty bond prices. Page 21. Two of European fleet are due on Monday. Page 12. Coal mine strike loss estimated at $5,000,000 dally. Page i'l. Portland and Vicinity. Oregon's trado position told to Japanese. Page 4. New vegetables appear In market. Pag 13. Tons; suspects bound over to grand Jury. Page 10 Toung people of Portland urged to grasp small opportunities. Pag 10. Weather report, data and forecast. Pag 20. The Oregonian radio transmits danc music. Pag 1. Self-Defense Plea of Law yer Is Scouted. SOME FACTS HELD HIDDEN Prosecutor Thinks Day Saw Wife in Other's Arms. PAIR FOUND ON DIVAN County Attorney Declurrt That lie Dors Not Believe Slayer Has Told Whole Truth. OKLAHOMA C1TT, Okla., April 7. Jean P. Day, wealthy Oklahoma oil operator arid attorney, shot and killed Lieutenant-Colonel Paul Ward Beck, army flyer, "in defense of home," and "if he tells the true story of the tragedy any red-blooded Jury would acquit him." County Attorney Hughes declared today In a formal statement giving ' the result of bis investigation. Day "saw something that swept him off his feet when lie returned to his home early last Tuesday morning and found his wife on a divan In the arms of Beck" the county attor ney said. "Beck was not looking at Judge Day at the time of the firing," Hughes eald he had concluded. Srlf-Defrnse la Broated. "It was not In self-defense the at torney shot Beck down," Hughes said. "It is my opinion." he added, "that Day has not told the whole truth." Despite the picture of the tragedy drawn by County Attorney Hughes, Moman Truiett, attorney for Day, de clared tonight: "Judge Day has told the whole truth. Day and Mrs. Day will tell at the coroner's Inquest Saturday the same story they have already given the public, because It Is the truth," Pruiett said. Day ' had previously stated that when he found Beck in the act of attacking Mrs. Day he struck the officer on the head with a pistol after the latter had made motion as If to strike him with his fist. Day said aim that the revolver was accidentally discharged from the Im pact of the blow. The county attorney's statement 'said that before any gun was fired or any blow struck, Dy "saw some thing that swept him off his feet." Handkerchief la Clew. The handkerchief which Lieutenant Colonel Beck clutched In his hand when the body was taken over by authorit'es has a significance In the case which has been overlooked so far. the county attorney said. He added that he did not believe there were other persons present at the time Beck was killed except the three principals In the tragedy and that the only purpose in bringing out the statements from other people who attended the party In the Day horn which preceded the slaying was to determine the mental attitude of Day toward Beck. "Previous to the shooting. Pay and Beck had been the best of friends." Mr. Hughes said. "What extraor dinary occurrence changed the mental condition of the one toward the other? What caused Mrs. Day, after tne shooting, to moan, "Oh. my honor"? These to are the vital questions In the extraordinary tragedy. Victim Apparently Not I.eoklaisT. "In my opinion." Mr. Hughes con tinued, "there Is no doubt that Intoxi cating liquors were Indulged In at the Day home during the fatal night and morning. However, I do not think that Juilrti Da v was In anv n n d. . ! the influence of llauor at fhe time the shot wag fired." Mr. Hughes stated that one thing "absolutely certain," In his mind w that the gun was discharged "wlill Immediately adjacent to the head of Paul Beck." "Whether or not Beck was shot from the front or back." added the county attorney, "It one of the great est questions Involved In this case. The position of the lead In the head of Paul Beck as shown by an X-rsy photograph would tend to Indicate that Beck was not looking at Juds Day at the time of the firing of th fatal shot. "Judge Day asserts he fired in self defense. My judgment Is, if the shot was fired In defense. It was In de fense of home, and not of life." Mr. and Mrs. L. II. Prichard, and Mr and Mrs. Paul Anderson, prominent in local society circles, present at th party at the Day home, were ques tioned at a special court of Inquiry held In the office of W. n. Wlthlng ton, county evidence attorney. Prich ard made a sworn statement at the Inquiry, according to Wlthlngton. that there was no trouble during the evening and that when they left "everything was agreeable and pleas ant." Anderson corroborated Prichard. , Other Trips Are Made. It was brought out at the inquiry for the first time that Day took the Andersons home first In his motor car and then before dropping the Prlch ards t their door, returned to the Day home. This, according to Wlth lngton, wag related by Prichard Major R.' B. Paddoi k. w ho w as I It, tConclu4ed on 1'age I, Cutun.n 1 )