Capital journal. (Salem, Or.) 1919-1980, October 23, 1925, Image 1

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Capital journal., October 23, 1925, Image 1

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Newspaper Page TextfJC7 24 rJJSi U 0 R A R Y CIRCULATION Dally average net paid circulation for month ending September 10, 1929 7077 Average dally distribution 7448. Member Audit Bureau of Circulations. FAIR WEATHER Tonight and Saturday. Light northerly winds. Local: Max., 60; min., 40; rain, none; river, -2.4; atmos; part cloudy; wind, northwest, yjourna FORTY-SEVENTH YEAR No. 253 SALEM, OREGON, FRIDAY, OCTOBER 23, 1925 PRICE THREE CENTS 2? S nn WW LivJ jvl ff 1 UDRARY O A apnea LEAGUE ACTS f TO PREVENT M. Briand Summons Council To Meet Mon day To Settle Greek Balkan Trouble. Vienna, Oct. 23 (AP) The Bulgarian minister here said that lie had received news from Sofia that tho Greeks had destroyed Pe trich and that they did not enter the town but were pushing rapidly northward. Athene, Greece, Oct. 23. (A. P.) Greek troops having "attain ed the objective" by advancing: in to Bulgaria us far as Petri ch, says a communique this afternoon, the military operations may be con sidered us onuod. The Incident now enters a pure ly diplomatic phase in which Greece will cotninue to insist up on satisfaction for the alleged Bul garian aggression of lust Monday iu the DemirhlGsar region. Paris, Oct. 23. (A. p.) Tim machinery of the league of nations was set in motion today in an ef fort to prevent another Balkan war. M. Briand, ?.& the' presiding offi cer, has summoned tho league council to meet here next Mon day itnd investigate the cause cf tho dispute which suddenly flared up between Greece and Bulgaria early this week. The fighting started on Monday in the fro tnier region of Demii hissar, hut the mass of official and semi-official claims and counter claims which have emanated since from Sofia and Athens have failed to establish which Bide was respon sible. The fact remains that hostile forces are facing each other in tho valley of the Struma rlvm which flows southward across tho International boundary and Into the Aegean sea, that villages an 1 towns have been bombarded, aid that blood has been shed, Blonf' Is Shed. Advices from trustworthy sources indicate that tho town of Petvich, in Bulgarian territory, has been occupied and that a nui.i bor of other towns In the Struma valley have ueen at least menaced by Greek troops. A Greek official communique admits the entry of Greek troops Into Bulgarian territory, but says tho move waa of "strategic neces sity" to prevent further incursions of Bulgarians on Greek soil. From Sofia comes the word that the Gfccks are advancing on a 10 kilomcter trout on both banke of tti Struma and that In addition to the use of artillery, airplane have bombarded bridges, barrack?, roads and stations. '"Salem, the Cradle ot Oregon, " will be the topic of Phil Meischm, old Salem boy, who will be the spaaker ot the chamber of com merce luncheon next Monday. Metschan is now president of the Imperial .Hotel company of Portland and treasurer of the re publican pariy for the state. Me at. ended WMli-.me; ;c univers.ty an-1 pln.'cd on ihe football team there way back in 1895 with L. H. II. dinger. From here ho went to Stanford to study law where he stayed until he went broke, thy., went to Nicnr-'gnp to grow up wlM tho country, but landed in a ti.-h market at Fourth and A'dor n Portland which ho ran until h-? wont on tho .oad selling cloth in?. He then deduct! to be a banker and got n bank clerk's job, and was next found running a hotel in Heppner when he became associ ated with the Inrperial 19 years a., where he ha been ever Bine?. In an analysis of the whole thing his mother wanted him to be a minister, he wanted to be a lawyer and he turned out to be a hotel man. Dr. Henry E. Morris will bs chairman of the luncheon. Italy has "p-nny-ln-the-slot" radio stations. For the equivalent of one rent, phones are placed oo th9 head of the listener and he is allowed to hear ft selection. BALKAN WAR I ' GOOD EVENING WORDS and MUSIC By Stoddard King HINT TO THE LIFE OP TOE PAItTK "Tour present pair may have looked all right to you this morn ing, but how would they seem in were called upon to Imitate a ovuli-u uuK-iierf- r rom an aa for gents' garters. Long years ago, era I became To art a pallid martyr, I often wore (and felt no shame) An out-of -season garter. I kept a pair ns long as It Did manfully Its duty; My one concern was with Uie fit And not the style or beauty. But came llic day when swift re nown Endowed me with ovations. And fame attended through the My .HcoMsh Imitations. I did my net with knees as bare Ah those of any flapper. My gaiters, though my nlngle imir Were anything but dapper. ' I've remedied that sad defect Of course, I had to do so And now nobody can object To details of my trousseau. And you, dear friends, if, In your set. You'd be considered clever, Itciiiombcr, jour atUre will get No privacy whatever! Retail clothiers, meeting at Chi cago, ore said to have devoted con siderable time to plans for making OlnlllhliT rhAnnnp Tlio-n' .!. in that somewhere, but you'll have i iifiuiu ii uuc ior yourself. Tho same retail 'clothiers, we note elsewhere, repeat their an nual statement thai nobody who Is anybody among the men, at least will have fewer than eight suite ui monies, remaps mat's the catch If so, precious few are caught. Not that we would hold It against a man it he hrwi nipht onttt. of clothes. But few men are equal to the mental strain of keenlnc track of the pocket contents of more man one suit. WINS SUIT FOR CITY PRINTING Litigation between the HeraM Publishing company of Klamath Polls, as appellant; against the Klamath Falls News Publishing company and city officials of Klamath Falls, appealed to the supreme court from Klamath county, waa today decided by the supreme court in lavor of the re spondents. The onininn writt.i by Justice Burnett, affirms Judse i. ut L,eavitt or the lower court for Kl.i.math county. Opinions onlli.oi ilv arp h.iniltxt down only on Tuesdays, but caino down today to clear the way fov the fall session of the court at fcnuicion which will begin nexi Monday. The appeal iiy the Herald Pub Mailing company was from an or der of the court dismissing the case uy granting a demurrer of the defendants on grounds that the city of Klamath P'ails was a necessary party to the suit. The Herald company, as pln'n tlff in the case cought to enoin tho city officers and the Klamath News Publishing company rrom entering into a contract for" the city printing. In the opinion today Chief Jus tice McDrido and Justices Rani and Brown concur, and Justi :c Belt special! concurs in a sep arate written opinion, while Jus tice Coshow writes a dissenting opinion in which Justice Bean con curs. ILL STREET New York, Oct. 23 (AP) Spec ulators for the advance continued in control of today's stock market, which maintained the "two rrrillfon shares a day" pace set in the clos ing days of last week. The sally was conducted in the face of'heavy liquidation Of the sugar issues, sev eral of which collapsed to new levels for' the year; heavy profit- taking in the olla ana rnil., which were strong earlier in the week and the renewed weakness of francs, which sank to a new low level for the year In reflection of French budcet and debt difficul ties. Motors, steel and equipment were In the forefront of the ad vance by a strong demand also de veloped for a number of specialties. ITCHEOO BE TRIED FOR ACCUSATIONS Conduct To Prejudice of Good Order and Disci pline Alleged By Army Chiefs. WBhington, Oct. 23. (A. P.) "Conduct to the prejudice of cool order and military discipline" was Charged against Colonel William Mitchell today In court martial specifications served upon him as a result of his attack several weeks ago on the conduct of the army and navy air services. The statement Issued by Colonel -much on at Kan Antonio after tin crash of the Shenandoah, said th formal accusation, constituted In subordination and was "highly contemptuous and disrespectful" to the war department. Under Articles of War. The charges are brought under the articles of war which deal with discipline and good order of the army. Technical arrest probably will not take place until juat before the officer goes on trial next week although in the meantime he re mains under orders not to leave Washington. It was In this statement that the colonel declared the loso cf the Shenandoah was due to crim inal and almost treasonable con duct of tho ati' services. The speculations also relate to two later otatements, which ore described as equally objoctionabl .', In Hunker's Name. The charger) are brought in the name of Lieutenant Colonel Kyh Mucker, chief of the military af fairs Bcction of the judge advo:aU general's office, and were serve. 1 upon Mitchell by Colonel Joseph K. McMuiicn, assistant judge iu- vocate general. Representative Rcid ot Illinois, counsel for Mitch ell, declared the service of the papers carried with It technical arrest of the colonel, but war dt partmeut officials disagreed. They said the technical arrest probablv would take place immediately be fore the office is placed on trial before a general court martial here next week. The specifications against Col onel Mitchell are eight In number all brought under the 9Gth article of war. These sp?cificatlons are aa ful lows: Siiecifications. 1 That Colonel Mitchell in making the statement of Septem ber & (after the wreck of the Shenandoah) 'did conduct him self to the prejudice of good order and military discipline." 2 That Colouel Mitchell on September & "made a statcmeu1 Insubordinate to the administra tion of the war department." 3 That Cilonel Mitchell on September 6, 'made a statement highly contemptuous nnd disr, spectful of the administration of the war department with intent to discredit the same, to the pre judice of good order and military discipline." 4 Same as specUfcation 3, ex cept that it refers to the navy de partment instead of me war de partment. 5 Same ao the first four, but referring to the statements mad. by Colonel M:ichelt on Kept. mh-r 9. ABANDON TAX Washington, Ott. 28. (A. P.) Abandonment by the federal gov ernment to the states of revenue from Inheritance taxes was asked by half a dozen governors of southern states today before the houpe ways and means committee. Imposition of the levy was de scribed 6 invasion of state rights and a .11 version into the federal treasury of money needed by the states. General approval was glvea to suggestions that Ihe federal gov ernment continue the tax if full credit Is given to states which im pose similar levies as means or se curing uniformity. Declarations hy committee mem bers that the wealthy could escap? ihe tax by moving to Florida, which has ro state Inheritance tax. led to proposals for retention ot the federal tc-x aft a check. 217 Apply For Job As Husband at $400, 3 Months Twenty-seven more letters were received today from various parts of the country from men anxious to earn $400 by becoming the hus band of the mysterious "Jordan1 who advertised In the Capital Journal for the ubc of a husband's name for a months so that she oould Inherit a fortune. The total number of applicants la now 217. One of the applicants writes from Chicago that If the Capital Journal can swing the deal for him, he will pay a handsome commission out of the M00 earned. Another wrHes from Aberdeen, S. D. giving assurance of there be ing 40 available young men in that town anxious for the job and con eludes "if this Is a Joke, we are fond of them and it won't hurt us to Inf." A Dallas, Texas, man writes that he Is young at 40 and will come at once If "railroad fare is wired, A Brooklyn, N. Y., dentist sends his photo and writes "If this is on the level It would make a good joke on some of my aristocratic society friends to participate In something of this kind, as I am a bachelor, 47, and do not want the young lady's $400. If this Is on the level, pass It along to the lady In question. If not, take one on me." Miss Jordan, the woman of mys try, is a real personage, resident of one of the towns near Salem, but her identity Ib kept secret at her request. Today's answers are from Oh'io, Texas, New York, California, Ore gon, Maryland, Colorado, North and South Dakota, Virginia, Illi nois. Missouri and Wisconsin. uy KIM Loudon, Oct. 23. (A. P.) Da- tails ol the disaster at Tanta, Egypt, during a great religious ceremony, in which 64 persons are reported to have been killed ami many injured, are being awaited with much interest. The reports thus for received vary. One is to the effect thu panic sized upon the great crowd while the mounted police werj en deavoring to make a passage for the minister of pious foundations. Another says that the railing of a bridge broke and that hundreds of persons were thrown Into the water. Fifty were drowned and largo numbers were trampled to death. Still another report whic'i J so refers to the breaking of the bridge parapet, says that 64 per sons were drowned and hundreds injured. The occasion for the great gath ering was the feast in honor of beyid-ele-BedawI, a moslem saint of great renown, whose aid is In voked when etrengtb is needed to resist a sudden calamity. Dallas, Or., Oct. 23. Lee Jans way of Amity, who was arrested in McMinnville last night for the theft on Tuer.day evening of sev eral hundred dollars worth of clover seed from the Perrydale mill warehouse, is being huntri through Polk, Yamhill and Marlon counties. While District Attorney HelcerBon and H. J. Elliott, owner of the Perrydale mill, waited in room of the arrested man's home in Amity and Sheriff Hooker sat In a car in front of tho nous?, Jangway, on Ihe pretext of chang ing his clothes made a break fron an adjoining room. The Amity man was arrested in McMiniivilie yesterday and last night the Bheriff, the district at torney and the mill owner wen. down to get Jangway and brln him to the Polk county Jail. He asked them to stop in Amity for a few minutes on their way from McMinnville to Dallas so that, he might see his wife and four chil dren. That was the last that th" sheriff, the dletrict attorney an J the mill owner saw of him. Fir Dc9trov Bam Mill City, Or.. Oct 23. Fire of unnnown origin destroyed a barn n the farm ot C D. Johnson at Gates, Wednesday. Inasmuch or no one had ben near the barn U day they are at a loss to under stand how It started to burn, ve.y little stuff vag In the building. GRAIN ROBBER MAKES GETAWAY BRITAIN'S BIG SUPER PLANE FALLS IN SEA Mystery Airship Crashes In Trial Flight, Only Engine Being Salvaged From Water. Bay Shore Park, Baltimore, Oct. 23. (By Associated Presst Great Britain's "mystery plan)," the super-marine Napier 8-4, crashed this morning during the navigability trials and ie a total wreck. Captain C. Biard, the pilot, is suffering from immersion and shock but escaped injury. Captain Blard had Just taken off for the navigability and seaworth iness trials and was at an elevation of about two hundred feet when a wlngo flutter apparently develop ed In both wings of the monoplane. Captain Biard attempted at once to land. As he struck tho water, the super-marine nosed down and sum mersaulted on her back, pressing the pilot under the surface. Captain Biard was wearing a life belt ,and managed to clear himself and reached the surface as the Napier S-4 sank. Captain Hubert Broad, who had taken the British Gloster Napier in out for her tests a short time before, seeing Captain Biard in trouble, started taxiing toward him as he fell. When Captnin Biard froed himself from the wreckage uapinin inroad threw mm a second lifebelt to which he clung until rescue boats picked him un a few minutes later. The crash occurred about half a milo off shore from the hangars. Tho super-marine's mishap will throw into the Schneider cup race tomorrow both of Great Britain's Gloster-Naplcr Ill's, one of which had been held In reserve. Bert Hinklcr of Melbourne, Australia, tho British reserve pilot, will take the second Gloster Into the race to morrow. Captain Blnrd intended to make no attempt to take part in the cup race after the shuttering of his super-marine. The super-marine disintegrated as she sank In the water. Salvage boats on the scene a few minutes after the crash succeeded In bring ing to tho surface the eupor-mn'rine Napier-Lion engine. The rest of thn plane appeared to be practical ly a total loss. Captain Blard said that when he crashed the engine appeared to bo functioning perfectly. Wasiin,'.;lon, Oct. 23. (A. P.) Until American rid themnelvo ot tho Idea tint serving and di ink ing lliiuor is "slyllnh" nrohlliitH.i enforcement will be a difficult task Mrs. Mnbol Wallier Wlllcbrnndt, assistant attorney general In charge of that work, said In an address laBt night before the na tional council of Congregation ll churches. Mrs. Willelirandt equally criti cized those who think It la "keep ing up with the Jones" to sere liquor nnd t'lone who treat th? bootlcgfrer as respectable members of society by afisnriating with him. Wayne B. Wheeler, genei.il counsel of the Anti-Saloon I.eau::. urged Congregai-'onallsts to Join other denominations In donati.r-; to the cauflc of prohlblllon en forcement. . POLK COUNTY BOY MISSING Dallas, Oct. 23 Harris C. Hovey, a boy about 19 years of age, is be lieved to have disappeared from this vicinity about tho first of Sep tember and his wherenbouts nre not known at present, according to word received this week from his mother, Mrs. Orrin C. White, of Wsrrenton. I'oothamj 8coiti:s -- TIm (uphill Journal will bulletin Sat unlay afternoon, play by piny, ttio two gri'iit 'count football gnmr of tlio rtny 'nllforntn th Oregon at Port In rut, nnd Oregon AgJtlr rn Stanford at I'nlo Alto, Cnl. SERVING LIQUOR TOO FASHIONABLE Humane Society To Stop Pony Express Race Col. E. Hofer ot Salem, president of the Oregon Humane society, sent Instructions today to the -o clety's offices in Portland to take steps toward declaring off the pony express race to be staged between Portland and Salem tomorrow In exploitation of a moving picture, unless the promoters of the race can find a complete dirt rond from the cnpltal to Portland on which to stage their stunt. The action came after Col. Ho fer had called at the governor's of fice to insist that the executive take action to see that the pro posed race Is called off. Col. Hofer states tho governor was not there, but he discussed the manner with Private Secretary Dalzell who repudiated all connec tion between the executive offices and the race, other than that the governor had agreed to give a par col to the rider. Col. Hofer says that Dalzell, who used to be an eastern Oregon ranch er and ran range horses, entered into the condemnation of the race when It was pointed out to him tho race was to bo run on pavement from Portland to Salem. "Such a 'race, on black top or concrete pavement, ridden on un trained horses, would bo the es sence of barbarity," stato Col. Ho fer, "Such a race on pavement would be dangerous to both horeoB and traffic. They say they plan.to put rubber shoes on tho horses, but this Is an absurd precaution in New York, Oct. 23. (A. P.) Science now has perfected a device that can weigh the pull ot ihe moon on minute objects on the enruh. An instrument made ty Ualph C. 1 1 art sough of Columbia university detects how much light er nn object weighing 1-20,000111 of an ounce on the ground becomos when it Is lifted a foot. Thle difference in weight Is d;i2 to tho attraction the moon has for objects on the earth, as demon strated In tho tides. The Instrument wiil be used to weigh molecules and test the Hin eteln theory. The Einstein theory holds that light rays have weight and are curved by gravitation; that grav itational attraction has the same speed as light. Under the theory, one and a third second would be required for the moon's pull to travel 240, 000 mlrts to the earth. If the theory Is correct shadows on the moon are expected to show that the moon exerts its greatest pu.l one and a third seconds after the moon passes Its zenith over nnv given spot on the earth's surface. If the Einstein theory Is wrong the machine is expected to show tho greatest pull at the exact in stant of the moon reaching th" zenith. Gold surfaced mirrors are held together by gossamer-like fila ments of quartz in the Harisough machine. Changes in weight ot au object under security disnlac? light ays In such a manner as to cause measurable movements of shadows, It will measure one 28-hillioiith of an ounce. IumuiH'iito, Col., Oct. 23. (a. i'. Although not ready to give up the investigation, George Ton kin, federal game warden of ihir district, upon hli return here yes terday from the Tule lake dletrict, admitted that he is still mystlflc.l regarding the cause behind tbc wholesale killing of wild ducks in the vicinity of the lake. In describing the situation. Ton kin said thousands of ducks have died and In places surrounding ths lake "it looks as though an army 'f hunters had parsed through the country, shooting the limit of ducks without removing the car-ramn," DEVICE WEIGHS ION'S POLL ON EARTH'S SURFACE From Salem subh a race as is contemplated. Our field man. Dimf Prnno In tint land, will take the matter up with tne picture people proposing tho race, and if It is not called off ar rests will be made if necessary. In the old days pony express horses were conditioned up to a fine point to stand the strain. The horses running tomorrow will be out of condition, and running on pavement, means they will bo put under outroupniiRlv lirntui nnn.n. tlons." Portland, Or., Oct. 23. Paul Noble, manager of tho theater planning the pony express rao. and G. Howitt, owner ot the horses to bo run, joined in the declara tion that no bnrbarious treatment of the anlniuls would bo allowed. "They're my horses and I cer tainly will not allow nnylhing ;o he done that will injure them," Howitt Mid. know that horses can't be run on pavement without ruining them. Except in Port laud very little of tho course will be on pavement. Tho riders will follow gravel along tho side of the pavement, and whero it Is neces sary will use side roads. Special ly constructed rubber shoes wiil bo used for the last lup iu Port land." Howitt pointed out that since there was no real competition in the race, it would bo moro ot an exhibition of methods used by tho old pony expicss riders than a rfpopd trial. ANNUAL MEET nr piii rni ur iMLM i OCTOBER 28 Announcement was mado this morning that tho annual meeting of tho Siilcm Y, M. C. A. will bp held Wednesday evening, October 28, In tho local Y. M. C. A. rooms. Business to bo taken up includes election of 6 new members ot the board ot directors and hearing of the annual reports of committees, including tho report ot tho finance and budget committee. Tho meet ing Is called for C p. m., nnd will be held in connection with a din ner. W. I. Stnley will preside. Names of the 0 directors to be submitted by the nominating com mittee are W. T. Jcnks, Paul Wal lace, B. C. Wiles, James J I. Nichol son, T. M. lllcks and Allen Kn- foury. Kafoury will bo tho only new name, the other 5 already be ing on the board. Kafoury'w name is to be substituted for that of T. E. SlcCroskcy, whoso term on tho board expires, and who no longer lives In Salem. The nominating committee consists ot Carlo Ab nims, Jos. Albeit and Dr. M. C. Find ley. An addroa will bo Riven by L. E. Ooodwln of Portland, acting in terstate secretary for tho Y. M. C. A. In Oregon and Idaho. The pluce of meeting Is a change from the past two years, tho last two an nual meetings having been held nt tho Wallace fnrm. Everyone who holds membership In tho Salem Y. M. C. A. U eligible to bo present-at tho annual meet ing and take part In tho voting. T Dallas, Texas Oct. 2:!. A. P.) Humbling nf dh-vutUfactio;) 'n tho democratic ranks In the stv.e have given Te?.an rcpulilli-aiis new lif'i and that party, for so man.. years dormant in state politic., plans to ntoge a hot campaign In elect a governor In 'J'2i. The ropu bl lean slut'., exnrutlve committee here yesterday declde.l to hold an Informal convention next spring to recommend candi dates for the flntt state-wide re publican primary In Texas. No secret was made by leader of their intention to capitalize t.ie present unrest In stme poll Men over charges of Irregularities in the stot-j highway department un der the administration ot the state's first woman chief execu tive, Governor Mlrlan A. Ferguson. CHIROPRACTIC TAKES STAND AS ALIENIST Faults In Spines of De fendants Alleged; John son Smith Testifies As To Bull Pen. James WIHob and Ellswarth Kelley, convicie on trial hero Xur the murder of Guard John Swee ney in their escape from the 3tata prison August 12, are perfectly sane. It was announced followlaff an examination of the two con victs by Ur. h F Griff in. niai,r of the stato hospital for' the in sane, last night. Dr. Griffith took th.e stand as a rebuttal witm fnr ih at,,i afternoon. Tllfi llfi foil Ull 1-nL-ln.l i the Kelley-Willos trial shortly aft er 2 o'clock thie afternoon and the court recessed briefly to await ulutu'e rebuttal witnesses. Only mruu oi me laue: are to be culled and the caso may go to the jury lute today, depending on the length ot the arguments. Tom Murray, convicted last weak of first degree murder in connection with the prison escape of August 12 and sentenced to Le hanged December 18, was ogiin called by the defense this after noon. He declared the knife ex hibited by the plate and later found near Pratura where the threo escaping convicts tied up 2. J. SSinn,, taxi driver, and C. J. Ivitts, Is not tho one he used in making the escape. Ellsworth Kelley was again on tho stand this afternoon. Kellay Snld bin ll Pill Hi ll!l,l Imnn Im.t (y accidents in his youth and thai one Of tlm rnRiiltK In that ln nft., wees visions In the night. Since tmj ceenpe no said lie orten sees Oregon .lones, the dead convict. "And in your visions do yoa SOmOtilllen mo Milt Unlmnn fha (lend guard, with a gasping Wound in ins neau: - asked District Attor ney Carson in cross examination. my iiuesiiou wag ruled out. Fred Howard, another convict, waa on tho stand. He said he called with James Wlllos, one of tho defendants, for four months and nlWnVH IllOllirht. Mm nanar Onc0 ho said Willos got up In thn nignt nnu declared tho guards were trying io shoot him. In what is believed to be tho first Instance of such a procedure in tho history of tho Oregon courts a chiropractic physician was placel on tno witness stand here this morning to testify an In thn ennitv of James Willos and E lie worth Kelley, on trial for tho murder of Cunrd John Sweeney in the prism break of August 12. The witness was Dr. H. D. Red mand of Salem, who testified that ho made a spinnl analysis of bot'i Willos and Kelley and found them to have spinal "displacements which might effect the brain or brain nerves.' He snld that Willos Irid three such displacements and Kelley two, explaining that such displacements brought pressure to bear on the spinal cord or nervjs. The fact that si.ch displacements did effect the brain had been prov en, he said, through the fact thai correction of such displacements ha.l relieved persons suffering from mental disorders. He .jaid, however, that it did not necessar ily follow as nn established fat that persons suffering from su?i displacements wf ro mentally af fected. Jolmoii Testifies The defense failed in its second attempt to uso Johnson Smith, former Warden at the prison, as an oxpert on prison conditions when tho court sustained tho objection of the state to allowing .Smith to testify as to conditions at the prison prior to his incumbency as warden. The only statement elicited from Smith was that he had ordered Willos eunflned to the bull pen on one occasion, nnd that he did not seo that Willos suffered any III ef fects from the confinement. Helative to shots fired Into the bull pen during the time that Kel ley wa confined there In June 1924. William Jehnson. a fellot convict, scrioufiy contradicted the testimony of former witnesses re garding shots fired In one of the cells. Prior evidence had designs! ed this shot as being fired Into cell occupied by a deaf and dumt prisoner. "Kelley would lay on the bun all the time and talk to himself (Continued on Page Seven)