BE THRIFTY
'WEATHER
Mostly fair, soma cloadi-
, Save many times the price;
of your Statesman snbscrip-i
1 Hon by aslng Statesman ad-f
' vertisementa as your buying
guide j r , , -,..;;
today mad Monday, ,
nodmt; Max. Temp. Sat-
unlay 6S, Mia. 42, river 4-8
feet, rata J01 Inch,'
EIGHTY-THIRD YEAR
Salem, Oregon, Sunday Morning, May 21, 1933
No. 48
:.'t
-i j -
v
i
GETTING UHGLE
SM'SIMSH S
Jltlll U VI1IU II I u
Everybody out With Tincup
n View of big Pubtio
; Worlds Prospect
j-Bome Highwayjmprovement
For Salem Vicinity Is
Regarded Certain
Je
Forest Army Group
From Midwest Will
Reach Oregon Soon
Mawaa
FirstContingent, 1050, of 64,000 Goming to
Northwest Will Arrive Monday; Local ,
Examinations Start Same day
I
s
TRUCTON
S
1
11
FAILURE
Will , Recover, is Hospital
Report; Move to Avoid
Trial Thwarted
NEW YORK, May 20 (AP)
Joseph Wi Harrlman, indicted
founder of a iVth avenue bank
bearing bla name, who penned a
sheaf of suicide notes and then
disappeared from a nursing home
24 hours before, stabbed himself
over the heart in an obscure Long
Island Inn where he was found
today.
The 68-year-old man, described
as being in a "mental daze," stab
bed himself while police waited
outside his room for him to
change his clothes. Officers said
they found him on the floor,
bleeding from the wound.
At a Mineola hospital, where
he was taken in a fire department
ambulance, his condition was said
to be not serious.
Harriman went to the old Or-
chard inn at Roslyn late yester
day and registered as "A. T.
Thomas, Louisville."
Inspector Harold King of the
Nassau county police identified
him, however, by the Initials "J.
W. H." in his hatband and in
several garments.
Another note, described by
King as indicating "suicidal In
tent" was found on the floor
when the inspector entered the
room earlier In the day. It ask
ed his relatives "be Informed.
31 fl
By SHELDON F. SACKETT
For the moment, the vital top
at the state: capitol Is how to
Inveigle money and more money
from the coffers of - Uncle Sam.
Not that the treasuray Is bulging
with Idle money, but a three-bil
lion dollar public works program
Is In sight and each ox 48 com
monwealths U riding hard to se
cure its share of the lucre. How
Washington ls to get the money
is a subject not to be raised.
Governor i Meier during the
week told his relief committee
to speed up its plans and as the
new week dawns, a list of state
buildings ranging from a nurses'
home at the state tuberculosis
hospital to a new library for the
University of Oregon is In his
hands, ready to be used in Wash
ington as proof positive that Ore
gon Is waiting and anxious for its
share of the cut.
Everybody Rushing
to Propose Project
No one - the governor, his
assistants, or the Washington
delegation is exact In his
statement of how the federal
building fund program moneys
will be dispensed. Rigid require
ments of self-liquidation hereto
fore required are dropped, that
Is certain. "Reasonable" liquida
tion has been substituted al
though the main criterion the fed
eral government will ask is: Are
your plans ready? When can work
start? How many men will be em
ployed? If the answers all Indi
cate work within a few weeks,
the thought is the manaa from
Washington will start falling.
It it does,, woe be to the state
which Is laggard In making Its
wants known. Hence the rush of
the last week. More cautious
viewers of the public works bill
think Uncle Samuel will continue
to be close with his money and
that Oregon cannot quickly . ac
quire 'money for state buildings
without guaranteeing repayment.
The public works bill does pro
vide for $400,000,000 in govern
ment aid for state highways and
Oregon is to have $5,700,000 in
the next, tew months which is
a tidy little sum Itself, in view of
the fact that the highway com
mission was all set to scrimp
along- for the next biennlum on
only 10 or 11 millions tor debt
service and road maintainance
and little or nothing for new
work. 1
Many Oliver Twists
Throughout Oregon
Since the rood news came every
section In the state has been clam
oring, like Oliver Twist, for more,
and the state highway commis
sion has handed down the two to
one ratio tor western as compar
ed to eastern Oregon disburse
ments as a rule-of-thumb to guide
It In allotment of the new funds
for construction.
-. The commission is unanimous
that the Salem - Portland road
Improvement must be finished,
which is glad news to this sec
tion. Probably more funds will be
available for the Norta ssanuam
Leslie Scott, chairman of the
commission, wants the money to
i v. ik V a. trv.
i go principally wneru mo ' J I 7
population resides; this augurs JC3I1 &t6V611SOn
- Mia wallov tint lefta fftTOr- I "
WQip V U9 -
ablv for the coast highway crowd
which wants one or two bridges
built this rear and a sizeable
amount of Oregon Coast highway
surfacing completed.
The eastern delegates of Si a
day men, forest camp bound, are
arrivinr this week having teen
preceded by the cadres It's In
th dlctionarr - last week to
aatt n namm of thm 40 to 60 COn-
aarvstlon camos the state will
have. While $21 of the $30 each
man receives must CO to aepena
ents. Oregon Is going to benefit
br the thousands of men receiv
lng $1 cash monthly tor local par
chasing plus the money tnat win
be dispensed In tne state tor pur
chaslnr food tor the men. In ad
dltlon, large areas ot forests are
to be slicked up as never oeiore
Salary Reduction
Issue Now Settled
The salary reduction schedule
crisis "seems to have passed oft
quite smoothly at the atatehouse,
the Meier-Hoss and Holman trio
arriving at a formula for Its ap
plication which is fairly well In
line with the IMS legislature's
enactment. The governor did hew
to the line In the state highway
department and enforce the I to
SO per cent salary cuts, irrespec
tive of Engineer Baldock's wishes
to the contrary. Apparently the
same rule of thumb will be fol
lowed with, the state police and
the public utility commissioner's
department. . ,
Friends of : Secretary of State
Hoss are 'concerned! about his
physical .-. condition which la re
ported to be unimproved in re
cent weeks. He was not able to
be at his office after the board
ITurn to Page 2, Col. 1)
PORTLAND, Ore., May 20. (AP) Ten hundred fifty men
from the middle west, the first contingent of the 64,000
or more civilian conservation corps recruits who will come
to the camps in the forests of Oregon, Washington and Idaho
this summer, are scheduled to arrive at Vancuver Barracks,
Wash., Monday morning. They are coming aboard a 10-car
-speclal tram from Fort Sheridan,
ill.
I SUICIDE
T
The train will be the first of
several to bring men out west to
go to work on forest projects In
accordance with President Roose
velt's vast reforestation program.
Others will follow, It was said, as
rapidly as the forest works camps
are made ready.
A total of 18,000 men will be
assigned to 90 camps In the na
tional forests, on state and pri
vate lands, and in national parks
and Indian reservations ot Ore
gon. Washington, with 70 camps.
will receive 14,000 men from out
side Its own borders, and Idaho
with 162 camps, will receive
32.400.
With each man receiving $30 a
month, the payroll In the three
states will be $1,932,000 a month
or $11,692,000 for the six months
they are scheduled to work In the
woods. Each man will send $25
home to his dependents, under
government requirement, but the
5 a month he will have to spend
will amount in the three states to
322,000 a month or $1,932,000
for the six months. It Is expected
that most of this money will be
spent In the vicinity of the work
camps.
It is estimated that about $2 a
day per man will be spent for
subsistence, camp maintenance
(Turn to Page 2, Col. 2)
EW LAWS HRE
EFFECTIVE Jill 9
Approximately 350 of the 46$
laws enacted by the 19 IS legisla
ture will go into operation June
9, the office of Hal E. Hoss, sec
retary ot state, announced Satur
day. Approximately 110 ot these
laws contained the emergency
clause and became effective imme
diately upon being signed by Gov
ernor Meier and filed with the
secretary of state.
One Important law enacted at
the 1933 session which does not
become effective until July 1 pro
vides for the creation ot the office
of supervisor ot transportation
This department will be conducted
in connection with the state utility
commission.
Reports here recently Indicated
that Herbert Hauser, now serving
as secretary of the utility eommis
slon, will receive the appointment
of supervisor of transportation.
The appointment will be made by
C. M. Thomas, state utility com
missioner.
1933 Rose Queen
PORTLAND, Ore., May 20
(AP) Jean Stevenson, 17: of
Jefferson high school was tonight
elected queen of the 1933 Silver
Jubilee Rose festival to be held
here June 8 to 11. The board of
judges consisted of the city edi-
tors and the photographers of the
three Portland newspapers,
VERSAILLES TREATY
ASSAILED BY BOMB
More Armed men in Europe
Than In 1914 Asserts1
Solon From Idaho
UPWARD CURUE
Upward Curve on Business
Graph Becomes General;
Prices Gain Little
Labor Department Reveals
21.2 per Cent Advance
In Building Lines
WASHINGTON, May 20 (AP)
Likening Europe to a "smould
ering volcano," Senator Borah, In
an address tonight, said the Ver
sailles treaty was the "real ob
stacle" standing in the way of suc
cess at the forthcoming disarma
ment and economic conferences.
Speaking before the Women's
International League for Peace
and Freedom, the former chair
man ot the senate foreign rela
tions committee said disarma
ment, and not debts, was the "su
preme problem" facing the world.
But he warned disarmament
would not come until there were
"radical adjustments' in the
peace treaties.
Asserting that "there are a mil
lion more men In arms in Europe
tonight than on August 1, 1914,"
Borah said the "drift has been dis
tinctly toward war."
"It will be difficult, if not Im
possible," he added, "to stabilize
currencies, adjust tariff, open
markets and to bring trade and
commerce back to normal condi
tions, while nations are piling up
armaments, making all prepara
tion apparently for war."
CHICAGO. May 20 (AP)
Rising lines sketched on the na
tion s business graph today an
Index of accelerated building con
struction and cotton spinning, lm
proved textile wages, steel fur
naces relighted and freight car-
loadings surpassing the previous
year's level for the first time since
October 1929.
The labor department at Wash
ington announced an advance of
21.2 per cent In building expendi
tures from March 1$ to April 15
and a small gain in wholesale
commodity prices. The commo
dity price index stood at (0.4 for
April, against 60.2 for March and
65.5 for April 1932.
Freight loaded on the railways
last week totaled 531,095 cars, an
Increase of 13,835 cars over the
same week of 1932 and a gain
of 7,276 cars above the preceding
Steel operations In the Cleve
land region were reported at 59
per cent ot capacity. The maga-
sine "Dally Metals Trade" fore
cast Increases both at Chicago and
Pittsburgh. At Toungstown steel
making is expected to move from
40 to 43 per cent of capacity next
week. Firing of additional fur
naces at Gary, according to Dow
Jones it Co., is likely to bring pro
duction next week to 40 per cent
against 32 per cent last Monday.
Estimated eoal production last
week was 5,050,000 net tons for
a gain of 800,000 tons, nearly 19
per cent above the level of a year
ago.
Residential building construe
tion east of the Rockies ia the
first half of May jumped 36 per
cent over the first half of April
while a ten per cent decline is
the seasonal normal, the F. W.
Dodge corporation reports show
ed. Cotton spinning during April
was at 95.7 per cent of capacity
on a single shift basis, the census
bureau reported. This compared
with 93.9 per .cent in March and
70.7 per cent during April last
year. Twenty xflve per cent more
spindles functioned In April as
compared with a year ago, and
two per eent more than whirred
during March.
Quite Warlike, But All Over Now
w ' . - - .. .. - ' 4
. m.rtiiHi. i i il mil! iliu
7
v.- - y ,!'xt .
1
1
Ml
L ' t f V
1
Here are two Interesting pictures from the recent milk war front at East Troy, Wl., showing that the
embattled farmers require a lot of stopping when they are reaUy aroused. Top photo shows some of
the 400 farmers who charged through a barrage of tear gas, laid down by deputy sheriffs, to attain
their objective a string of milk trucks. Lower photo shows the scene after the gas had cleared
away. Empty milk cans are strewn all about the roadway, 80,000 pounds of milk having been poured
la the ditches. Governor Schedeman brought ab out an armistice.
BANKS JUROR
LM
S
T
M EH 5 HOURS
Receive Case at 3:30 p.m.
Decide to Call it day
At 9 p.m. Saturday
Will Resume This Morning;
Spectators Weep as
Argument Closes
EUGENE, Ore-, May 20
(AP) . The Jurors tn the
Banks case, worn out after
three weeks c.f gruelling argu
ments and testimony, went to
bed at O o'clock Saturday night.
They had deliberated the case
BH hours and planned to re
sume their consideration of the
evidence Sunday morning. They
are confined to rooms tn the
top floor of the courthouse.
They were to be up for
breakfast at 7: SO o'clock Sun
day morning.
me mm
issues wm
Roosevelt has Conference
With Representative
Of England Bank
OIL PLANT BUST
IS FATAL TO TWO
WASHINGTON, May 20 (AP)
A conference between President
Roosevelt and a representative ot
the Bank of England aroused new
talk of early stabilization of cur
rencies tonight as thorny ques
tions of American foreign policy
crowded In upon the chief execu
tive.
A swift succession ot develop
ments brought to the attention
ot the president vital matters In
volving war debt policy, monetary
action and the Intimacy of Amer
ican relations with Europe.
C. M. W. Sprague, financial ad
visor to the bank of England,
turned up suddenly in tbe capital,
was taken to the White House by
Secretary Woodln and was clos
eted with the president for some
time.
With the world monetary and
economic conference at London
little more than three weeks
away, strong efforts are being
made to achieve a de facto su
bluxation of the pound and dol
lar to provide a working arrange
ment for attack on tne problems
of tariffs and trade.
The Sprague visit immediately
was connected with this effort, al-
thouch it was described at the
White House as merely to pay re
spects.
Proving Two
Can 'Get by'
Sans Income
The oft scoffed-at saying that
two can live as cheaply as one
Is being tried out by a Marlon
county man and woman, who be
came acquainted while awaiting
Interviews at the Red Cross re
lief office here recently, it be
came known yesterday. Tbe one
was a widower with several
children, the other a widow also
with children to care for.
Perhaps drawn together by
their mutual plight of unemploy
ment and hunger, the couple de
cided to team up in their efforts
to keep their children and them
selves clothed and fed. A collec
tion was taken to buy the wed
ding license and they were married.
Now the man works on the
county road relief crew; the wo
man cooks and mends and cares
for their children. To date the
scheme is proving effective In
keeping the wolf from the door ot
the now-combined families, Red
Cross workers report.
WO IS POLICE
IN SETTING RECORD
Wintersteen Recovers Goods
Stolen in Five Minutes
After Report Made
"Old Ironsides"
Comes August 2
PORTLAND. Ore., May 20
(AP) The U. 8. Frigate Const!
tution, the historic "Old Iron
sides," will visit Portland August
2 to 14, It was announced here
today. If weather conditions are
suitable, with bright sunshine and
no wind, she will be anchored un
der full sail on the shore side of
Swan Island airport on one or
more days of her visit.
WHITING, Ind., May 20 (AP)
Two men were fatally-burned
and several others sustained min
or injuries when a heat exchang
er connected with two crude oil
pipe stills at the Standard Oil
company of Indiana s refinery
here exploded today.
The dead:
Virgil Green, 28, Hammond.
Clyde Copple, 34, Hammond.
Both were employed at the
plant.
Standard oil officials said the
damage would not exceed $25,-
000. The cause of the explosion
had not been determined.
Several men believed working
near the explosion suffered burns
and other Injuries, the extent of
which have not been fully deter
mined. Company officials said
only emergency treatment was ne-1
cessary for them.
Company tire fighting appara
tus succeeded in controlling the
blaze that followed the explosion.
LI IN
Amity Woman New Head
Neighbots of Woodcraft
DALLAS. May 20 (Special)
The two-day convention of the
Neighbors ot Woodcraft wad
brought to a close with a big open
meeting held at the armory with
a crowd ot about 850 delegates,
visitors, and local people In at
tendance. This meeting followed
the final convention banquet at
the Methodist church.
The morning and afternoon ses
sions today .were devoted to re
ports ot committees and the elec
tion of officers and delegates to
the state convention. Grand repre
sentatives elected were Alice Mad
den of Newport, Velma Teeson ot
Salem and Agnes A. Hoag of Mon
mouth. Alternates to the state
meet are Eva WeTtenbarger bt
McMinaville, Nora Mason ot Mon
mouth and Florentlna Voss ot AI
bany. The convention voted nnanl
mously to hold the next meeting
at Toledo.
District officers , elected for the
following year are: District past
guardian neighbor. Battle H. Me-
Vay, Newberg; district guardian
neighbor, Sarah Burr, Amity; ad
visor, Freda Peterson, Dallas
clerk, Bessie Belt Corvallia; bank
er, Ida M. Jones, Toledo; magi
elan, Ida Vedder, Dundee; attend
ant. Alice Adams. Salem; captain
ot the guard, Edith Green Hagen,
Toledo: inner sentinel. Myrtle
Barryman, Philomath; outer sen
tinel. Belle Shepherd, Dayton;
musician, Lola Junkins; .. flag
bearer, Alta Brown, McMinnville;
managers, Irene Martin, Browns-
vole; Vera Ottoway, Silverton,
and Lula Mattlson, Independence;
delegate to woodcraft home coun
cil. Maria Dobblsh, Lebanon.
The meeting at the armory was
opened ' by Mrs. Amy McCann
guardian neighbor of the local cir
cle, followed by the entrance of
the grand representative and dis
trict officers, escorted by Marie
Hayes, -captain ot the guard, and
her team. A floral offering was
presented to the guardian neigh
bor by- Neighbor Alda Burns. Mu
sical numbers v were next on . the
(Turn to Page 8, Col. 8)
Starr is Silent
As to Appeal of
Log Haul Ruling
Charles Starr, attorney for tne
Valley 4b Silets railroad company,
stated In Portland Saturday night
that he was not yet able to say
whether the company will appeal
the recent ruling of C. M. Thom
as ntllltlM MmmlHlmv niliw.
lng rates on the log haul between
Olson and Winona, affecting
transportation of logs to the
Spanldlng mill here.
If no appeal Is attempted, the
ruling la expected to mean early
resumption of sawing here.
F
BATTLE WITH YE6G
OROVILLE. Calif.. May 20
(AP) Chief ot Police J. O. Mc-
Atee was shot and seriously
wounded In a run battle with a
rohber who had lust held un a
erocerr store here tonight.
The robber, who naa unea up
a clerk ana a numoer oi custo
mers at the store, was about to
leave as Chief McAtee arrived en
the scene. They exchanged fire at
shot ran re and the officer feu
with a bullet In his chest.
The bandit dropped a bag whlcn
contained 8 600 he had taken from
the store's cash drawer and flea.
Witnesses said he appeared to
have been wounded by a bullet
from the officer's gun.
Chief McAtee was taken to a
hosnital where nhvslclans said his
wound was serious but that he
would probably recover.
RELIEF WORK ONLY
4 DAYS IS WEEK
The final crews to work on
Marlon eountv roads under the
relief program during May will
go out tomorrow morning ana
work but four days, instead of
six as was customary before the
relief budget was slashed by the
state committee, it was announc
ed yesterday at the U. S.- T. M
C. A. Emnloyment bureau. The
crews will be comprised of
total ot several hundred men
each of whom will earn $2 cash
and 24 worth of groceries, their
month's portion.
The employment bureau staff
Is attempting to spread out the
work so that no man on the list
will be slighted. Last week the
shift was cut to five days, and
approximately 455 men were sen
to work tor the first time this
month.
Other Jobs, continued scarce
last week. Common labor sup
plied SO men with work, farming
four and wood . cutting three.
Two women: were placed tn
housekeeping positions.
Radio aided city police In set
ting a record last night that will
go down in the department's an
nals In capital letters: Recovery
of stolen property within five
minutes of the time It was report
ed missing. .inn)
At 9:zo p. m. tne soutn prowl :
officer, Atlee Wintersteen,
J - " ; auempiea 10 serve a
EUGENE, Ore., May 20 (AP)
Seven men and six women to
night undertook the task of de
termining the innocence or degree
of guilt of Llewellyn A. Banks.
62, and his wife. Edith Robertina
Banks, who for three weeks were
on trial for first degree murder
for the slaying of a constable la
Medford three months ago.
The Jury was expected to report
immediately upon reaching a ver
dict, whether during the night or
on Sunday.
Some women In the courtroom
wept as Frank Lonergan, chief of
defense counsel, climaxed his dra
matic plea for acquittal of the
elderly couple with the words:
"When I sit down, the Hps of
the defendants will be sealed.
The state has one more chance at
you before you take the fate of
this old couple to the Jury room.
But we'll be waiting waiting
aiung waiting for your dec-
ww a m !.. -
" ennr tn riaoth Xfspat. 1 a) 1
South Commercial street, 10
blocks away, to see E. C. For
sythe, who had reported the
theft ot a carton of valuable ad
vertising matter from his front
porch. By 8:25 Officer Winter
steen had seen Forsythe, dis
covered the stolen property In a
vacant house across the street
and notified headquarters that
the case was cleared. At 8:27
the call "KGZR okehlng car No.
1" was broadcast and Winter
steen was officially back In serv
ice.
Police believed either boys or
transients took the package, then
abandoned it when they found
its contents worthless to them.
he
warrant on
63 Million for
Public Works in
Portland Asked
PORTLAND. May 20 (AP)
Projects in Multnomah county
alone costing 263.000,000 might
come under the eligible classifi
cation in the vast public works
bill now before congress, reports
filed today with the elty council
and board of county commis
sioners indicated.
Projects totaling $47,911,815.
which would provide employment
for 20,000 men for one . year,
were recommended for approval
ot the city council by Its spe
cial committee on reconstruction
work. County Roadmaster George
W. Buck listed $15,000,000 in
county projects.
Among the major develop
ments proposed were: Develop
ment of the waterfront, ll,
750,000; Tualatin tunnel, IS,-
100,000; Fremont Street bridge,
86,500,000; new Morrison bridge
$4,000,000; new armory building
$1,000,000.
Strong Appeals Ouster
lo Civil Service Board
No Rain Likely
Today is Word
Going golfing today, or hiking
or fishing or picnicking! Then
leave your raincoat and umbrella
at home, If ton trust the weather
man's predictions. "Fair but
with considerable cloudiness' Is
his promise of the' second rain
less Sunday since Easter day.
W.C.HawleyWill
Address Chamber
The general situation In the
United 8tates as one who repre
sented , Oregon 28 years In con
grass sees It, will be discussed
Monday at the chamber of com
merce luncheon by Willis C. Haw
ley, who has Just finished an ex
tended service tn the national leg
islative body. Mr. Hawley is now
residing In Salem and plans short
ly to write a book dealing with
his experiences and observations
at Washington. v
Late Sports
ROGERS FIELD, PlllBM.
Wash., May 10. (AP) In a
bitterly fought duel that saw one
northern division record broken
and another tied, Washington
State college .defeated the Uni
versity .of Washington. 78 to 1$,
in their annual dual track and
field meet here today. .
Swisher, Husky high jumperr
leaped 6 feet, 8 inches to break
a division mark ot feet 2 1-5
Inches, set by Egtvet of Washing
ton, eight years ago.
Conducting its first public hear
ing since the Salem police depart- !
ment was voted Into the civil
service act. last November, the
civil service commission will con
vene In the city council chamber
at 8 o'clock Thursday night to
consider the plea of Leo Strong.
discharged police patrolman, for
reinstatement. Chairman Paul V.
Johnson announced yesterday af
ternoon. Sitting with him will be
Commissioners Lloyd T. Rlgdon
and Arthur H. Moore.
As expected, 8treng, through
his attorney, Martin Ferrey, yes
terday appealed to the commis
sion the action of Chief of Police
Mlnto tn discharging him. The pe
tition for hearing asks the com
mission to determine whether
Strong was discharged "tor caase.
or Insufficient reason and asks
that he be reinstated at once.
Strong was notified May 12 of
his discharge effective May 15.
"for conduct unbecoming an offi
cer, as permitted in civil service
rales. The dismissal resulted from
a complaint filed May 12 by
Charles Needham, a taxi driver.
A. Frank Johnson and Frances
1 Michelle,' who charged Chat en the
uanas at ms Medrord home.. The
warrant was for the arrest of the
former editor and orchardist oa
a charge of eoinplfclty in the theft
or several thousand ballot, frnm
the Jackson COUntv oourthmtfi
Banks wss a hounded man "
Lonergan said, "staying in his
home for 10 days before the trag
edy to avoid trouble, planning to
leave for the mountains to save
his own life. Finally, when he saw
Prescott trying to break into his
home and 'get' him. Banks lost
his reason. Ton couldn't have
stood it and neither could I.
Ralph Moody, closlnr for tbe
state, reviewed the case point by
point. He waved tbe blood-stained
warrant that had been taken from
Prescott's coat pocket as bo told
the Jury the constable had a legal
right to arrest Banks and even to
break into his home.
He accused the defense of per
jured testimony, described the
eye witnesses" the defense bad
introduced ss "liars.'
Four eye witnesses claim thev
stood In front ot the door and saw
a gun In Prescott's bands."
Moody said, "yet each says he
saw no one else on the street."
The four "witnesses" bad testi
fied for the defense that a- re
volver fell from Prescott's hand
as he slumped to the porch of
Banks home, fatally wounded.
Rebuttal witnesses for the state
testified that at least two ot the
eye witnesses" were not near
the former editor's residence
when the tragedy occurred.
The state completed its argu
ment at 2:30 p. m. Circuit Judge
G. F. Sklpworth devoted an boar
to his instructions to the Jury,
which retired to its deliberations
at 3:30 p. m.
Sklpworth went into detail con
cerning the case and Instructed:
the Jury that Prescott, the con
stable, was within his legal duties
in attempting to arrest Banks.
Prescott could have even broken
into the house under the law, the
Judge said.
Sklpworth pointed out, how
ever, that threats reported or un
reported to Banks would be con
sidered In the evidence. Self de-
tense Is only a legal defense in a
murder ease where the defendant
can prove he waa la physical
danger or honestly thought afca
selt to be In dsnger.
For New Trial
night of May 8 Strong had demand
ed the services of a taxi "on ac
count" and when refused, gone to
the Bllgh hotel "hatless and coat
less and under the influence of
liquor ' ma uemauavu 10 Know mm . TTT -
who had refused to send the taxi MOOney tO W Bit
it was Needham. Strong Is alleged OUr? DaV honker
to have said to Needham In a load I t .
tone, "III get you. Watch out,"
and similar statements.
Strong's attorney yesterday said
he would show that there were no
witnesses to the officer's alleged
statements to Needham, and could
prove that Strong was not drunk
at the time.
This thing was rushed through
without Strong's having a chance
to give his version, Ms. Ferrey
asserted. He was dismissed the
same day the charges were filed
against him. --r
- strong waa - first employed en
the police force In October, 18 SO,
while P. M. Gregory, his father-In-!
law. waa mayor. At the time of hia
dismissal, he waa driver of the
central prowl car. Several weeks
aro he was suspended for one
week without pay for a violation
of department rules. ' - "
SAN FRANCISCO, May 20
(AP) Legal complications arose
here today to delay the opening
of the newly granted trial of
Thomas J. Mooney on an old mur
der indictment remaining against
him as a result of the prepared
ness day parade bombing.
Superior Judge Louis H. Ward,
who granted . the trial aeveral
weeks ago on-motion of defease
attorneys, , announced a one-day
continuance of the case, which
was to have started Monday, he
cause' of an appeal filed with the
state supreme court yesterday' by
John O'Gara, law professor and.
former assistant district attorney.
seektag to force the dismissal
the Indictment.