Capital journal. (Salem, Or.) 1919-1980, July 18, 1925, Image 1

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Capital journal., July 18, 1925, Image 1

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Newspaper Page TextTi ' n a m IT CIRCULATION Dally average Mi1 m circulation for FAIR WEATHER And moderate temperature tonight and Sunday; moderate north and northeast winds. Local: Max., 84; mln., 63: rain, none, river, -1.3; atmos., clear; wind, west, niraai j u 6729i 925 Average dally distribution 7089. Member AudltLPUrfrvUKtf Circulations. FORTY-SEVENTH YEAR No. 170 SALEM, OREGON, SATURDAY, JULY 18, 1925 PRTPTT TUPTT1? fTTXTTQ! ON TRAINS AND NEWS rKlUiii IJtlKilllll OJbJNlb STANDS FIVE CENTS fan Ml Ul M o5 7 L aoitaLMJ 1L il m Hi VIOLATIONS 0 Liquor and Traffic Offen ses Show Big Increase In Salem, According To Comparison. Crime is move rampant and oth er Infractions o the law more gen oral iu Saluin now than 10 yea; s ago, accoiding to statistics com piled by Oily Uecorder PouHr.i covering the f'ltii six months of the present year us compared with th first nix months o the veir 1915. Some of the increase may be at tributed to the Increase in pop ulation of the cily. The great In crease in traffic offenses is, of course, duo in a measure to tl-.e greater mini her of automobiles owned. But the offenses are great er in protuition to population, in dicating a reaoi public reckless- New Drinkers Sca In som-a titgre'j the increase "n tlio number of t-.r rests due to 1m uor is actunntel for the fact that practically evcy drunk man seiu on the s'-'iets by the officers now Is arrested. Prior to the dry re gime winlanr an urrest was m.i,e 'depended on tlu conduct of the in dividual. I lowevcr, there is -ip-parently more liuuur being drunk now by w unon and youn;; person', than 10 years ago, in other wofds by persona who in the old days would not hove frequented the au- looiin. The w.'iole number of tnf cases comiiir before the po' (Continued on Page Nine) CORPORATION 10 BUILD BIG PLANT AT TERREBONNE Portland, Or,-., July 18. Tne Ttomite :o; porr.'ion, with a cap' Utilization of $0,000,000 has bca formed iy easlrrn financiers fo the purpose of tr.lpng over ami de velop! ng t!ii deposits of diatom aceaus ea''i near Terrebonne, Ore., on the Doschutert river, it was an nounced lieifc latp yesterday J. W. v'aronr, operator of the Diutomite company whose prp erty is to bo tnk- n over by the .itv organization, stuted the corp : ra tion plans immediate construction of brick k ins ni.u seven miles of railroad, representing an outlay cf at least f 500,000. The Tt.jr.iUc cotporatinn was corporate under the laws of Dei aware. Matt wis i. Baruch, brot.i er of BaniL.v Bt-uich, is cbalr.ii in of the bor-rd o! d. lectors. Artli;ir H. Krieg?r is president, Walt?. L, Jordan, vicr-prruent; and P'n lan Benin, stcretai y-treasurer, Xit. Ganong z.vn. The organizer of the new ?:rm believe t'hj diatomacenus earth e posit vill mean much to central Oregon. It was pointed out Mi it the total ron sumption of this ma terial in tbi united Stjis amounts ;o JOO.000 tons annia. 1;, and ot'icinl. declared the fv: firm plan to have an output of 50.000 to.n anmif'lly within a Taw ycarw. LAWGMN 0 YEARS Jury Taken To View Extent of Damages Alleged by Miller Vi:h a liif.'1 array of witnesses CM1M f" N". .Millc, plain; iff in the iL'O.ni) O.mia.ne suit n::nln!t the city of Woodhurn, Including I3r, Oarhfirt. expert chemisi. of t'ort Innd, a number of libish ftlon farn)em nnd oilier, tho carte now in chvitit court pronil.es to con sume considerable lUwo nnd Ifl tak Ire on the apfrt of liT i-it In of ecTiflitUriibic n)in"tiin'e. yterd.i aftornron the Jury y .ifi di,i'i;el over milr of ro'iph Ctiun'.ry alnny the linn of Kerrier cre"k to show it the pernilcs find get a first hnnd view of the rtam which it in Ms?ed thi dump bis of wwiii? by the city Into f-'er- Orders Radio S( 1 Installed I; Sis Coffin Los r., Cal., July 18. S.im R. Klir2 aged San Ferneadl- no va " -un.:her, has placd -an order '- a Los Angeles under taker a 91200 steel coffin equipped with an up to date ralio receiving i;et. it was revealed to day. In directing that the radio equipped coffin rrepared to re ceive his body Kimball explained that he ie convinced that the soul lingers noar t'ae body until tne day of ju lgment and that he will be able t.o "hear what is going on In tho world," after he dies If properly luid away in the super heterodyne casket. DEMAND STRIKE Canton. July 15. (A.P.) Chi nese newspaper;! today demanded a continuance o' the antl-foro'.gn strike until tao desired results are obtained". Armed bands learing the .teal of the bureau of public safety aid the nationinty of the bearer ni large Chineee characters were 'fi t5ued to Americans today, upon re quest, fn order tj permit them to enter Canton f.-om Shameen to the foreign quarter. Tho mail service has been talc en over by ihe Eritish on account of cessati.ni of sit amor service, tt is appafi.it that the trouble will last for a long period. Persons desiring to travel from Shameen to Honkong must first obtain a permit from the British senior naval officer. 4 Canton, July IS. Because strik ing Chinee are dissatisfied ft it a the food un-1 quarters provided by tho tjtriUo committee many ore ondeavorint; to return to work at their old f'.acan which they ic.t when the anti-foreign agitation started. Many strikers arc being forced to join the urmv under uncerViin condition. Two Japanese were mauled badly by n crowd of strik ers yester lay when the couple at tempted i-o buy tooti supplies. The Japanese wore allowed to return to the foreign concession. 1 here was a revival of the ru mor tod-w that Chineso foru.'3 planned an attack on Shame ?n, but the etorv wr.s discredited. Prediction was made today that the anti-foreign situation would last four or five months longer. E Archie McKillor.. employee of the stato m-intl.-ig department, who fired i 0';llet through hie body ywtord.iy with Bi.icidal intent, is nrocressing satisfactorily at the Salem hospital, according to re ports froi-i rheri this afternoon. Miss Catherine Hnllssen of l'jrt Innd and Wsn Eva Hopkins til Salem, wno were injured In an au tomobile a"c iden t near Derry, ?olk cojnt, eaily Thursday morn ing, are showing little change in condition a.- the hospital, but it is en id their cht-nces for recovery nro go;!. iler creep Is doing to Miller's land Ity asreement between counsel all women who were called to scrVo on ihjs Jury were excuir-ri horaue of the hard tramping and fence climb inff which wn required In takinrr the Jury over the premises to give its nienii'Ois the view. lr. (', lrliart, Portland chemist, wis rteh'-'luled as one r,f the wit? ne.-es lo.hy, to testify that s.implos taken frin the streaiu showed a hfch 3S.0f0 barteila. that the water I infr.itd with noxious ffa.tcs of a hitrhfy df leterlonn nature to Itrd, Othnr wftnejjfru for the philn tiff indny were srheduled to ln- C rr.unied on I'ase Mncj mm- GIVEN $3,000 FINEJ YEAR Sentence Passed of Walk er In Justice Court Is Reimposed By Circuit Judge Kelly. While tee giant still on the Joo Walker laio n?ar Alt. Angel w:6 reputed w bo making money a, the rate -f $300 a day during its prime, Jo-? Walker himself suc ceeded in losing it at the rate cf $300 a minute this morning when he was 10 minutes late with his appearance for sentence, and then got the entile ;:J00O back in th;t many secoodr- when he ehowed up on the JO') r.C bein sentenced. Judge Kelly refused to aign a certificate of probable cause in the case, which means that Walker must stay in jail pending his ap peal to the supreme court unless the chief justice will sign the cer tificate. Tho sentence imposed upon Walker by Judge Kelly was the same as given him by Justice of the Peace Small. Am;cal Probable Judge K':Uy than handed hhn a jolt of one year lu the couutv jail and tbr pp.yment of a $3'i0') line for in lawfu possession of t still, the same sentence imposed by Justice Small, from whose court the case was an appeal in the circuit court It is considered unquestioned that an appeal will bo taken to the supreme court. Walker forfeited his $3000 bail by fallin? to nnr.ear In court at 9 o'clock, ti e time set for his sen tence. The coart directed that an o- der be end-red tj that effect, but before the order could be enter ed Walker chowca up, his attorney Guy O. S.Mith, sending out an S. O. S. for him. Walker bobbed up about 10 minutes lute, before the order could be entered and on mo tion of Olfrtrlct Attorney Cars in, the insr.wci Jons to issue an order revoking the bt.il were revoked and the matter of forfeiture rf bail was not made a matter of ret ord. Other Tried Senarnfelv Walker was p. r routed with three other defendants, Walker whose plac.a the still was found, was tried ceparp.lely In jinclcc court and convicted. The sentance imposed there- was repeated In cir cuit court, Judge Kelly stating In pronouncing sentence that his court was not a place for the ex ercise of ex20ittie clemency on flp peal and consequently he import the same sentence as that impose in tho court beiow. The other three defendants trie J separately from Walker but all on one Indhti.ient, will have another trial next Monda; as the jury din agreed in tlulr case. I LOGGI I Olympla, Wash., July 18 (AP) Emergency fire fighting equip ment was rushed from Olympla early this morning to Doty In west ern Lewis county, where a fire which broke out late yesterday afternoon In the lopKlnK operations of the Doty Lumber and ShlnRle company is endangering camp buildings, In addition to green tim her and cut logs. It was announced here by ficorge C. Joy, state super visor of forestry. The origin and extent of the fire, could not be learned this morning. A fire which Is suppored to have spread from land clearing opera tlons, ran through a stand of green timber late yesterday at a point near the mouth of Kftlnma river, in southern Cowlitz county, Super visor Joy reported. He said that ho believed the blne would be un der control today as the forested area In the path of the fire -not great. Several small fires, none of which did any Kreat damage or were- cans ing much concern, were reported from various sections of western Washington this morning. Mf4irird Mnn Dcnrt 1 Mnrshfleld. July 18 (AP) Martin Meli'immch, a retired enp ItnlW of Medford. died fn a hospi tal here today following m roke of p.irfllyslfl while patlntr nrejl:faFt at Gold Beaen. .McDonouarh was making a trip with Frank Delling er of Med ford, McDonald has n sister. Mm. Ous Samuel, living In Medford. CALIFORNIA HEAT CAUSES A New Tmperature Records Set In Many Places; Forest Fire Situation Again Serious. ; San Francisco, July 18 (AP) A heat wavo swept through inland California yesterday causing four! deaths. Two persons were burned to death also in a forest fire in Washington and two were Injured.1 The forest fire was one of a ser ies of blazes which swept timbered areas along the Pacific coast. Many of the fires continued burn ing today. A freak electric storm near Bak- ersfield, Cal., stabbed an under ground oil storage tank and Ignit ed the oil. It was estimated that $450,000 damage was dono. The fire was still burning early today. Mro Fighters Killed John Gleaaon, and Ole Johnson, Spokane, lost their lives while ngnting a lire in tne Lamb creeK valley, near Newport, Wash. The two men were overcome by smoke searchers who found their bodies believe. Emit Lambert of Spokane. (Continued on Page Four) TABLE MOTIONS Grants Pass, Or., July 18 Ore gon state oditorial association an nual convention today refused to take a stand on the evolution ques tion. It tabled two resolutions, one of which declared against passage of any law restricting either re ligion or education, and another deploring "tendency to crente from evolution discussion, a political Is sue." The fl'St resolution was pro posed by Professor C. J. Mcin tosh of the Oregon Agricultural college and declared the editorial association was opposed to any movement to Introduce tho Ten nessee evolution fight into Ore gon. The second resolution was pro posed by A. E. Kocn, of Oregon City, who asserted he had been in formed that a movement was on foot to make evolution question a olitical Issue. A. L. Mallery of the Oakland, Oregon, Tribune, was elected presi dent of the association and H. E. Hoss, of Oregon City, secretary treasurer. Executive committee: Joe D. Thomlson, Hood Itlver, vice presi dent for central Oregon; Earl E, Richardson, Dallas, vice-president, Wlltamctte; A. E. Voorhles, Grants Pass, vice president of southern Oregon ; George Aiken, Ontario, vlce-presldcn eastern Oregon; Ed gar McDanlel, North Bend, , vice president western Oregon . Prlnevillo was chosen for the next convention. WILLAMETTE HARBORS TWO SUICIDES TODAY Portland, July J8 (AP) Mrs. Edgar C. O'Hnra ended her life this morning by leaping Into the Willamette river from the float of Kellogg boathouse at tho foot of Madison street, according to a re port to the coroner's office. A note to her husband was found on the beach nearby. They had been mar rled but a short time. The body of V. 8. Ullss, missing from his home hero slncn July 14 waji found In tho Willamette river this morning. Authorities believe he had committed suicide. RUM CHASER PICKS UP FISHING BOAT OFF COAST Rnn rrnneisco, July 18 The fishing bont Palermo, known also as the !!-44 was rclzed by the const guard rum chaser 256 Monterey lnt night and brought Into the hirbor of San Francisco today. Although no Ibjuor found on boitrd, tho coast guitrd mnoitnec:.! that tho net I title of the Palermo were sufficiently sus picion to warrant seiauro am! in vestlg.ttion, Thompson To Back Steiwer In Race For Senatorship W. Lair Thonipeon, Portland at torney and here on a caso In cir cuit courr, whosu name has b-vn prominent'. mentioned as a pos sible, or even probable candidate for Republican nomination for United States Senator to eucoeel Bob Stanficld, rather put up a crimp In the tnlk about bis own senatorial aspirations, when this morning he declared Frederick Steiwer, attorney of Pendlolon, would mnUc a most formid-iOle candidate, and would reco've Thompson'-. support if Steiwer got into the race. "Steiwer surely would mako a strong candidate- and one whom I would be glad to support if he decided to run," declared Thomp son, "lie baa a strong following all over th'! state, came from Stau- S IS A resolution c tmmending M.ii )r W. P. Simpson, secretary of the ex-service men's state aid commis sion, for his services to veterans was adopted by the stato conven tion of tho American Legion at Prineville. The resolution follows "Whereas, the Hon. Major W P. Simpson is secretary of the non iis commission rf the stato of Ore gon, and bas rendered efficient and beneficial sr.i vices for and on behalf of th? ex-aervlce men of ih j stato of Or:;on. 'Bo it Hesohfd, that the Am erican Legion, department of Ore gon, In appreciation of the serv ices ronderel by tne said lion, jva- Jor W, P. Fimpson, extend to him ts thanks ant runner oner io assist him whenever and at what ever tim.i uttristrnco may be n3'?1- ed." Major Simpson has received f copy of the re;iiution from Cirl P. Moasr of Porlland, depi'itmcnr adjutant. E Denver, Colo., July 18 (AP) Tho Denver Time today says that three executives of the Ku Mux Klan are en route to Denver by airplane from Washington, D. C, a result of the reported action of the Denver klan last night In voting to secede from the national organization. William Zunbrunn, nntlonnl at torney for tl e klan and two other executive whose names were not divulged, are tho officials who will arrive here tomorrow, the news paper says. The action, the Times says came after Denver klan offlnlnls receiv ed a telegram from Hiram Wesley Evans, Imperial wizard, advising them alt money and property of the klan was to be held and re lensed only upon signature of na tional officials. The Rocky Mountain News today declared that the secessionist vot ed to Join an organization known a the "Mlniito Men of America" which 'as Incorporated hero re cently Immediately after they with drew and elected Dr. John Galen Locke, grand dragon of the Colo rado klan, to head the body. Tho Times say that 14 other lo pal klan organization took aim I Inr fiction laft nlMit. surrendering tl elr charters to the n ulonnl body The pniei; also declare a por ttor. of tho Denver kNins:nen lmv decided to "st nnd pat" and con t In im as a part of the nationa body. Recently Denver papers dechir ed that Dr. Locfcn had been refine1 ed to resign as bend of the stat body nt A'-hmta. Gn., offlcl.il but remained in offi-'C when khinsinon protested his removal, Df. Lnuko eccntly served a ten day Jnll sentence and was fined ir00 for contempt of federal -onrt whftn he failed to produce hly book for Inspection In connection with nn Investigation of hi itv-oio" tax return by Internal revenue agents. field's home country, but Is al most as we!l known in the valley bore as ha is on the Umatilla, is a lawyer oC widely recognized ubil ityand a big man. I would like to see fcr.ciwer run. He would make a strong rp.ee." Steiwer 1b ar. old Marion county boy, son of John Steiwer, prom inent rancher o the Jefferson sec tion, but for many years has unc tlced law in Pendleton with the firm of Rul.y, Raley & Stcwier. At one time Steiwer was offered the attorney generalship by Gov ernor Oieoic but declined to ac cept the appointment, staling at at tho timo he was not internal in political positions but wis): 3d to attend to his inw practice. However, his friends have bau strongly boost1 ng his name as a possible senatorial candidate. IN IS San Francisco. July 18. Wil liam Hyde Irwin, sou of Will Ir win, the author and heir to one sixth ot the mibion dollar estat' of flls aunt, Mrs. Elizabeth Augus ta Blxler, want-? funds from the estate lo contlnui- his studies at Stanford university, but tho ad ministrators of the estate thi'ik the youn-; man should go to wo.it on the Union !s!nnd ranch In tho San Joaquin valley which Is p:ni of tho Btxltv holdings. Differences between the admin istrator and I ho legatee were air j I in tho sunerior court here yester day when Irwin told tho court tlmt he did not believe he would de velop hUnGs'f according to his piano if he tool; hold of the Bixlc ranch. Charles C. Mcintosh, and Sam uel J. Hamilton, administrators of the state, testified they bulkvod young Irwin should obtain n first ha?id working knowlege of the ranch property Instead of do ng post-graduate work nt Stanford ind therefore trey had refuse -1 to advnneo fundn. Under tho terms of the will :r- wln received $1,400 a year until he was graduated from Rtanto-d recently. i ne executors were au thorized under the will to fur:i.-h such furt ho? stiins as they deemed necessary. Judge K. P. Shortall continued the case until Ji'!y 27 and advis d ittorneys in settle the controv. y out of court. DRASTIC TAX CUT Wusiiiiw-ion. July 18. (A P J A suiiita itial reduction In taxch by the n;it colrichs wuh pre dicted rod'iy by Senator Moses ft New Jiatiij). l.ro president pro lorn of tho senate, w.io also exprussti a hope that tho reduction could be made rHoraetivo to become ef fective Ah';u returns are made out next SiHr.:li. Tuniinr? to politic, cuv.ji .Moses said the people in New iOng land took 1 1 f u v g i a u ted i h 1 1 President Cooltdge would be nominated and r-j-plecled. "They icgard this as crtaln at- anything t-uii be that is In the fu turo," 1'2 said. AMERICAN ATHLETES WIN IN LONDON GAMES London. July 1 K. (A.P.) Am orient! trru'k ate'etes from the in:d die wwt ably nlded by the ew!e .sprinting daub, Ioien Murch:ro;i of tho Nowirlt A. C. tool; a i .ii;rro of Imnors In tho nun nl lli ilis!! uTatcur athletic ;;- ?.:t lion champions:!'" concluded p ;fainford t I'th'e t ? . s afternoon. Harold Osborne. otU.itan l:it 'firnf th" invad nn (earn from Hie Illinois A -l.letic club won the hi;;ii jump with a br'lliant leap of vx feet, i Inche:1 b-JMl.-s pla'iir. n others pi" the r 'no evenly w h" J. he was oo'c-red Mur :hiv;i raced homo to . m both flufliHfl, taking the 100 tn 0 Buco'i'h. and the 2'20 In 21 3-5 aceoii'la E Federal Department Con ducting Intensive Cam paign In Effort To .Curb Booze Trade. New York, July 18. (AP) Uncle Sam has started an intens ive mid-summer drive againat rum and the liquor forces arc making several counter movea. In today's news there figured, on the side of prohibition en forcement: 1 Eight arrests In New York as the result of heavy shipments of liquor to inland points In trunks. 2 Tour of assistant Secretary of the Treasury Andrews to Ca nadian border points to repair lea lie In the roof. 3 Heporte of warnings to Ca nadian rum runners that they will be fired on In American wa tere of tho Great Lakes. 4 Completion of formalities on a treaty between the United States and Canada regarding smuggling. 5 Impending shakeup under which all prohibition agents will lo83 their jobs and many will be hired over again. In behalf of tho wete there de veloped these moves: 1 Reappearance of mm flciit off th0 north shore of Maeaachu- BPttS. U Efforts to hold up salary of Prohibition Commissioner Haynes because ot life employment of a woman lecturer on prohibition. A sales organization that retail ed liquor at the rate of 30 trunktj ful a day to 20,000 customers throughout the country has been smashed In New York. One woman and seven men comprising the head office force were arretted yesterday. Federal Attorney Buckner de scribed the organization as the "biggest bootleg ring uncovered since the apprehension of Mannlo Kesslcr. K cosier was on his way to his borne here from the Atlanta penitentiary after serving two years and paying a $10,000 fine for the alleged withdrawal of more than $500,000 worth of li quor from bonded warehouses. Tho association Against the Prohibition Amendment has ad dressed a letter to Comptroller General McCarl requesting him to withhold tho salary of Commis sioner Haynca until tbe treasury has recovered about $11.2a0 paid to Miss Georgia Hopeley. The - sociation charged that Miss Hope- ly who recently resigned had been employed as a prohibition offi cer, but had been assigned to tour ing the country lecturing on pro hibition. Three rum ships driven off New England's mm row by the recent dry blockade, have return ed with fresh supplies, and four destroyers upplemenled by a flo tilla of smaller crnft have swung into action. Tho latest arrivals are far at sea off the north shore of Mawaehusc'.'s, considerable dist ice from the summer white house. Mimcnc Sets HiM'otd Eugemi, July 18 A new recur In bank clearings for Kuneno wuh established yesterday when a total of 1 7C,l!i! 20 wns recorded f' the day. The clearings so far this month havo nveraed higher than usual. It Is said. NW ON RUM RING I LAUNCHED Defense Preparing Scientific Data for Submission To Court n.-iylon. Venn., July l s - 1 AIM While Judtto Raul. hi on mid iittor neys for the prosecution rented to day after their arduous duties of the week, counsel for tho defense of John Thomas Scopes, charged with violating tbe Tennesson nntl ovolulioii statute, busied them w.dves with the -eparatloit of scientific affidavit. These will bo brought Into court Ai'-nday for tho purpose of enter ing I hem Into tho record. Prim arily they vill show In detail the ihcory ot t volution in an endeavor lo conform to the story of creation as recorded In tho blblo. Shorn of all hop of producing WASHINGTON ASKS MEXICO 10 EXPLAIN Harold Bretherton Shot In Back By Unidenti fied Assailant; Hurt Not Serious. Washington, July IS. (A.P.) American Vlcr Consul Harold G. Bretherton at Auguas-Calien:e, Mexico, wan shot in the back end slightly W'-uuded on tho night it July 1G, Tho Aneiicnn embassy at Mex ico City hts been instructed 'y the state department to take up the case with the Mexican footga office, for an investigation ai.d punishment of the assailant. Advice's en tho shooting wore forwarded today by Consul Haven at Aguasc ilientcti. Ho said the causo was nt t known but that tho shot was believed to have intend ed for a person other than the vico-cons;il There hue ben no reports of anti-American fcc-llng in recent weeks in Agusattalicntes. Bretherton wr.s born In Canad.:, but his fa: her was a naturalised American citizen Ho spent hia early life in Montana, where oe studied mining chemistry. He wis appointed lo hir post at Aguasca I lent Cfl in I U 1 5. By stipulation in circuit court In Ihe cao of V. C. Mlnto against the Salem Sand & Gravel company services of . Jury are dispensed wilh and the one Issue left In the case through tho stipulation will bo decided by the court. This one issue Is as to whether or not sand and gravel alleged to have been laken from Mfnto Island really be longed to Minto or to the state. It Is agreed if tho gravel belonged to Minto th.it tho sand and gravel company owes him $1000; for gra vel taken. In the stipulation It Is set up that tho land board gave a permit to tlu Salem Sand A gravel com- pany to take gravel at a point on the Willamette river between high and law water marks, for a period of five years ending August of this yenr. The question lc whether the point from which tho gravel has been taken cnnie within the right of the land board to parcel out, or whether It was private iroperty. FAIR WEATHER IS FORECAST San Francisco, July 18. The United States weather bureau an nounced today the forecast for Ihe week beginning July 19, aa followe: The outlook la for generally fair weather and normal temper ature, with fog along tho coast. The fire hazard continues high :n the forested arca In tho interior of California nnd normal els where. their ler.'-o witnesses In court to testify from the stand, defense st inrneys after the ruling of Judgo Ituuhuon yesterday resorted to this method of h .ving thoir testimony placed on word for the informa tion of the prodding Judge nnd to revnal to the appellate court the nature of the evidence they would have substituted. Permission to do this was errant ej by Judge Itnnlston yesterday after his ruling that such evidence wflfl not relevant. Exceptions by defense counsel followed, after which It was agreed that tho stnte- (Contlnued on Page Ten)