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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Oct. 18, 1931)
Mebforb Mail Tribune The Weather Oregon: Fair but with occasional cloudiness Sunday and Monday; cool; moderate north and northwest winds offshore. Sunday Morning Edition of the Med ford Mall Tribune with full leased wire Associated Press, and United Press Service, all the local news, fea tures, and guuranteed A. B. C Cir culation. Twenty-Sixth Year MEDFORD, OREGON, SUNDAY, OCTOBER 18, 1931. No. 207. Comment on the Day's News '. By FBASK JENKINS IF YOU will take time enough to study it and grasp its meaning, you will find this statement, which Is vouched lor by the National Indus trial Conference board, interesting: "Taking Industry as a whole. In cluding agricultural workers, there was an Increase of 80.4 per cent In the total number of gainful workers In the United States in the 20-year period from 1910 to 1930, as com-i pared with an Increase of 83.5 per cent In population." . j NO doubt you have been listening carefully, and probably NERV OUSLY, to all this talk of displace ment of workers by machines. Perhaps you have said to yourself: "The use of machines Is growing by leaps and bounds, and every new machine that 1 Invented seems to take somebody's hand Job away. ' "If this goes on, what will happen to MY JOB?" READ the figures quoted at the head of this column and calm your nervousness. In the 20 years from 1910 to 1930, the use of machines Increased fully as rapidly as at any other period In the history of our country. The war happened during this period, you wlU remember, and the war made neces sary a speeding up of all industry that made machines ABSOLUTELY NECES SARY. During the war, almost every new day brought out some kind of new machine to do somebody's Job faster than It had been done before. BUT listen to this: During all this period when the use of machines was Increas ing more rapidly than ever be fore, the NUMBER OP JOBS In creased Just about as fast as the population. ' f So don't let yourself get too badly scared by the machines and what "they are going to bring about-in-the. future. THERE'S a funny thing about ma chines. At first, they DO take away Jobs. But after a little while they speed up and cheapen production so that In the long Tun they CREATE more Jobs than they destroy. HERE are some figures that will interest Southern Oregon, which Is a big sheep and wool country: During this 20 years from 1910 to 1930. SILK MILLS showed an advance of 82 per cent In the number of workers employed, whereas woolen and worsted mills showed an advance of only ONE PER CENT in number of workers employed. THESE two war decades, you see, were the SILK DECADES. It was during these years that the girls brought the hem of their skirts up to the neighborhood of their knees and they discovered very quickly that a skirt as short as that didn't look right when made of woolen cloth. So they went over in a body to silk. THESE women! They crook their little fingers and Industry turns over and doos a flip-flop. They took to silk skirts and silk hose back In those two decades and the silk business boomed, as a result, while the wool business stood still. BUT something new Is In the air. If you aren't too old and burn ed out to cast a sharp eye on the pretty girls as they go past, you wlU note that a lot of them are wearing WOOLEN SKIRTS. And If you read the market reports in this newspaper, you have noted that in spite of de pression, in spite of bear raids, In spite of world-wide over-production of basic raw materials, the WOOL MARKET Is holding pretty steady. It Is the girls, these pretty girls with their woolen skirts, who are doing that. SO IP you are a aheep man, up against It. apparently; fighting the drouth with one hand and the holder of your note with the other, ay a little prayer, IP YOU CAN, to these girls all over the country that are walking the streets in their pretty clothes. Put it something like this: "Dear girls: We are out here in the desert, Just about on our uppers, tak ing care of our sheep, and hoping for a bulge In the wool market. "So PLEASE go on wearing woolen skirts and all the woolen other clothes you can. because If you do the wool market will soon take the bulge that will save our bacon." TBY Pioneer Hillman Wounded As He Tended Trap Line, Staggered Trail Slayer Flees Scene Missing Rifle Found. Lorla Martin, 60, pioneer mountain eer of Jackson county, was accident ally slain for a deer, some time last Thursday, or late Wednesday, as he tended his traps, and with a bullet through his left side near the heart, staggered, stumbled and crawled to the trail, where his body was found Friday noon, by Joe Roe. This is the official opinion expressed after an Investigation of the scene of the tragedy yesterday by Sheriff Ralph Jennings, Deputy Coroner Joy Walker, Assistant District Attorney George. Nellson and Attorney Harry Skyr man, a nephew of the accident vic tim. Martin's gun, hat and knapsack were found in the brush, 75 feet from the trail. Following a thorough survey of the ground, Sheriff Jennings believes that Martin, busy baiting his wolf traps, when the unknown hunter, appeared on the other side of the brushy, leafy gully, and fired at the noise and movements In the light growth, a dis tance of about 100 yards. When the hunter discovered his tragic error, he fled. An autopsy will be held to determ ine the cause of Martin's death. If the bullet pierced the heart. It will 'tend to show that the unknown hunter, carried Martin to the trail, where discovery would be easier. Martin was a mant of magnificent physical development, who had lived all his life In the open and would have been possessed of the strength to reach the trail though fatally wounded. His gun was found against a tree, bloodstained, Indicating that he had packed It a short distance after being wounded. The sheriff said there was no evi dence of tracks in the heavy brush, or any signs that two persons had been near the death scene. It Is thought possible that a cry by Mar tin could have apprised the hunter of his mistake. ..,ThB. country adjacent to tha-trall Is rough and rugged and at this sea son full of deer hunters. It is also one of their favorite hunting spots. An effort will be made to check on hunters in the region the -past week. Martin was familiar with the reg ion, and had hunted over it since a boy and guided many hunting parties through. It. The fatality Is second this season In this country, attributed to careless deer hunters. Ed Foster, of Jackson ville, prospector, was killed six weeks ago in the same manner while on a trip into the timber. Martin was well known In the northwestern part of the county where he lived all his life and at various times had engage, in mining, trapping and ranching. He had many friends In the Trail and Prospect districts. His outstanding character istic was his rugged honesty and love of the outdoors. He knew the moun tains of Jackson county thoroughly. Funeral services will be held from the church at Trail, Monday, Octo ber 19, at 10:30 a. m. Reverend Stllle of Trail will have charge of services and burial will be made In the Trail cemetery, Conger funeral parlors in charge. t L SET TO FUNG EARLY THIS WEEK NEW YORK. Oct. 17. (AP) The huge National Credit corporation suggested by President Hoover to thaw out frozen bank credits took definite form today as the twelve directors, hastily assembled, held their first meeting. George M. Reynolds, Chicago bank er, was chosen chairman of the board of directors. He Is chairman of the executive committee of the billion dollar Continental Illinois Bank and Trust company. Mortimer N. Buckner, who headed the committee appointed little more than a week aso to form th poration, was elected president. Mr. is president of the New York Clearing House association, which embraces leading Wall Street banks with aggregate resources of 9 ,000,000.000. The twelve directors one from each federal reserve district met at the New York Federal Reserve bank and were In constant . session throughout the day. save for a brief Interruption for lunch. In addition to the selection of of fleers, the meeting we given over to a detailed discussion of policies. It was unofficially explained that It Is hoped to have the giant machine well oiled and ready to function early next week. Life Term Looms LAORANDE. Ore. Oct. 17 (AP) Wlllard Sullivan was convicted by a circuit court Jury tonight for the murder of Homer BIdwell. Union rancher, near North Powder last June. The Jury recommended life Imprison ment. Sentence will be passed Monday. CHINESE FORT SET AFIRE This I one of the first picture from the Japanese-Chinese trouble zone to reach tho United States aa world statesmen attempt to Iron out the Slno-Japaneso situation. Barracks of the Chinese fort at Changtu, north of Mukden, are shown In flames following clashes with the Jap OREGON SENATORS ARMAMENT-SLASH NEW YORK, Oct. 17. (AP) The New. York Post said today responses of 34 senators to a questionnaire in dicated toe senate would listen fav orably to a proposal for reduction of war debts, if coupled with a corres ponding cut In armaments. Four of the 24 senators who took a definite stand on such double- barreled reduction, In their replies to the newspaper, favored the idea without requiring further definition of the terms of such a proposal. Eleven others, many with various qualifications, expressed their wil lingness to listen to the terms of such a bargain. Mine disapproved. The others who answered the poll were doubtful or failed to express an opinion. The Benate has a mem- bership of 06. There is one vacancy. To a second question, whether they favored an extension of the one-year Hoover moratorium on war debts and reparations, seven voted no and four yes, with the remainder doubt ful. The four who expressed unquali fied approval were Senators Copeland of New York; Logan of Kentucky, and Walsh of Montana, all Demo crats, and Senator McNary, Republi can of Oregon.- f r " - The senators who apparently "are in favor of hearing overtures for a cut In armamenta and debts, but w.bo would wish to qualify the bar gain In one way or another, are: Senators Borah of Idaho, Brookhart of Iowa, Capper of Kansas, Stelwer of Oregon, Jones of Washington, Frazier of North Dakota, Hastings of Delaware, Watson of Indiana, Carey of Wyoming, all Republicans, and Senator Gore of Oklahoma. Senator McNary, Republican, Ore gon, favored the extension of the moratorium conditional on reduction of armaments. LIFE SANDS EBB WEST ORANGE, N. J., Oct. 17 (AP) Thomas A. Edison, who lies near death, was described at 9 p. m. by Dr. Hubert 8. Howe as being "very much weaker." The bulletin of the physician simp ly said: "Mr. Edison Is very much weaker." About IS minutes before the state ment was Issued all entrances to Olen mount, the Edison estate, were closed by police. A spokesman for the family, however, states at that time that no emergency hod yet de veloped. Earlier the physician had said that the coma which has folded about the 84-year-old Inventor was Increasing. Dr. Howe was in constant attend ance at the Edison residence and all members of the Immediate family were present. At midnight Dr. Howe issued the following bulletin: "Mr. Edison's respirations are rapid and shallow. His pulse Is accelerated and of poor quality. There has been no evidence of suffering at any time." AS WHALE PLAYS PORTLAND. Ore, Oct. 17. (AP) Ethelbert packed 'em In today. Ethelbert is the "whale" that has been cavorting In Columbia slough here since hut Monday. More than 8000 persons lined the banks of the slough and Vie railing of the Interstate bridge today and watched Ethelbert spout a column of water Into the air, flip his tall out of the water and submerge again. Almost ss many traffic policemen were required to handle Ethelbert', audience as the 12.000 persons who turned out to see the California Washington Bute football game, Ethelbert has not been definitely Identified but he Is generally be lieved to be a small whale. t PORTLAND, Oct. 17 (AP) Criti cism of the stabilisation provision of the agricultural marketing act was contained In a resolution adopted by the Oregon Cooperative Council at a meeting here. Associated Press Phot SOUTH AND WEST LINE UP FORCES By BYRON PRICE WASHINGTON, Oct. 17 (AP) New stirrings of political unrest agitating republican and democratic precincts alike, are challenging the early bids of President Hoover and Governor Roosevelt of New York for the lead ership of their respective parties In 1932. Nearly all of the practical politic ians still think Mr. Hoover will be renominated, and la as likely as not to have Mr. Roosevelt aa his demo cratic opponent. But It is recognized that neither will escape organized op position. The opposition to him takes two directions. One group, under the captaincy of Horace Mann, the Hoov er southern manager in 1028, la mak ing an organized effort to harvest delegates Instructed for others or else unlnstructed. Most of the party stalwarts greatly discount this move ment. The other wing of the opposition, unorganized and diverse, centers among the western senators and others who have adopted the name of progressives; , Thoy are talking pri vately of many candidates, but show no prospect of agreeing On any; Like the Mann movement, the objective seems to be to keep as much dele gate strength as possible In, the hope that a winning combination may be found eventually. There are plenty of democrats, however, who say it Is still anybody's race. A constantly-growing circle of other candidacies, too. Is bottling up potential delegate strength bohlnd favorite sons. It takes two-thirds of the delegates to nominate in a demo cratic convention, and whenever one third of the total can be kept In a state ot mobility, anything Is possible, even at the last minute. Roosevelt has the advantage of be ing the only democratic asplrsnt for whom a campaign Is in progress In any national sense. OCEANllAIL PROJECT BREWING BOSTON, Oct. 17. (AP) The Bos ton Transcript today said Incorpor ation papers would be filed next week at the state house for a com pany to acquire the navnl airplane carriers Lexington and Saratoga for conversion into express passenger lines to sail from Boston to Europo In four days. The acquisition of the carriers, each of which cost nearly S45.000, 000 to construct several years ago, would be dependent upon the ap proval of President Hoover, tho- pa per said. He has not been ap proached. The New England group bahlnd the project, the Transcript said, was said to be ready to buy the ships, "at a reasonable price, probably 3.000.000." A further condition was thst the United States shipping board should agree to grant a loan for three quarters of the cost of re conditioning, estimated at si 1.250, 000 and that the post office depart ment should award a "satisfactory" ten-year ocean mail contract to the promoters. WASHINGTON, Oct. 17, AP Harry E. Rowbottom will leave prison November 9 without completing a year and a day term for accept) Tig bribes while representing the first Indiana district in congress. His sentence would have expired February 0. But the parole board decided to take three months off the term of the man whose attorneys described him as a physical weakling not of the usual mental caliber of congressmen. Rowbottom was convicted last April of accepting 1740 from Walter O. Ayer and $800 each from S. Orant Johnson and Otto A. Weilbrenner, all of whom were Interested In post masterships In the Indlanan's dis trict. BECAUSE NO PLEA FOR MERCY FILED Attorney Enright Thus Ex- plains Recent Criticism Of Condemned Man Of Legal Fight By Local Counsel. Disappointment, because a hoped for petition for executive clemency haa not been filed by valley ac quaintances. Is assigned by Attorney T, J, Enright, as the reason for the recent criticism by James E. Kings ley, In a death cell of the state prls , at Rniam. AWAltlncr execution. October 80, for the confessed slaying of Sam u. Prescott, Asniana ponce man last January, of the legal fight to save his life. Enright, with At torney Herbert K. Hanna and E. E. Kelley, waged a long and brilliant legal battle in behalf of Klngsley. Attorney Enright says, that after his petition for a re-hearing had been denied, he asked his counsel to launch a petition for clemency. Enright says he told the doomed man, this was not Impossible, and "unethical," and that Klngsley ex pressed resentment, and- was Inform ed that this course rested with ac quaintances. Attorney Enright said that Attor ney Hanna bad written a letter to Klngsley In which expressed his sur prise at his lack of appreciation of the efforts in his behalf. Hanna was appointed by the court to defend the friendless and fundless Klngsley, and with Attorneys Kelley and En right, they provided him with every possible legal defense at personal expense. The supreme court, in de nying the re-hearlng petition, com plimented his counsel for the de fense produced. A series of articles .has been print ed In the Salem Capital-Journal, tell ing of Klngsley's life In condemned row, and In one, bitterly criticized his counsel. He Is writing a book of his life, and hopes executive clem ency will save him from the noose, a week from next Friday. Tflncalnv. rinrlnff his atav In the nuint. ion. tn vlAltad bv members a -allalmiM nrunnlfJit.lnn. and WRB converted to we unriauan tuivii, nui it is now his only solace. Afror hlA removal to Salem orison. there was a report that a olemency petition would be circulated, but it failed to materialize. PLANERIDEFOR COAST CRIMINAL LOS ANGELES. Oct. 17 (A P) Two sheriff's deputies arrived here by airplane tonight from Seattle to return Everett Frank Lindsay, con fessed wife slayer, there for trial on a charge of murder. The officers, William B. Coffey und William H. Sears, delayed their re turn flight, however, until Monday at the request of Sheriff John P. 8 tec li ter of Napa, Cal., who said a represen tative of the district attorney's office there was on his way here for a con ference. Sheriff Stock ter telegraphed he wanted Lindsay brought to trial on charges of forgery and attacking Beatrice Delemore, a Napa girl. Chief of Detectives Joseph Taylor had announced he believed "the ends of Justice will be met more expedi tiously by assuring his (Lindsay's) prompt trial for murder at Seattle" and that Lindsay would be surrend ered to the Seattle officers. Taylor said Lindsay seemed pleased when told he would be returned by airplane and Taylor warned against it, but Coffey and Scars said they were confident they would take Lind say back safely by plane. They had stopped at Sacramento today to obtain a governor's warrant for Lindsay's removal. LIQUOR IN AUTO State Police Captain Lee M Brown late last night arrested Ralph Parks and Ernest Stevenson, local youths, chsnred with the possession of liquor. Two pint bottles of the alleged moon shine was found on their persons, snd they had broken two frultjars filled with the liquid, according to the po lice captain. They were lodged In the county Jail. Stevenson was sentenced and par oled about two years ago for robbing the bunkhousa at the westerlund or chards. One of his accomplices In the robbery Is now serving fifteen years In the suite penitentiary for the deed, officials say. He-fight Voninwn YORKTOWN, Va Oct. 17, AP) Musketry rattled and cannon roar ed over the Yorktown battiefi.irf tn. day as military and naval pageantry. irjiweni in me cojonui uniforms of a bygone day, depicted the stir ring scenes of the conflict which speakers extolled as sealing for al! tims the friendship of Franco and the United states. E American Attitude Viewed As 'Meddlesome' Able To Establish Own Peace Without World's Advice Japan Holds Note From The League. TOKYO, Oct. 17. (AP) The Jap anese foreign office declared tonight Japan and China, left to themselves, would settle their difficulties peace fully, thus Intimating If war devel oped from the Manchurlan situation the interference of the rest of the world could be blamed. Officialdom sought a formula for the future, pointing out the army's freedom of cabinet control and its uncompromising stand against out side interference would place the government in a perplexing position should the League order Japanese troops to leave Manchuria. The troops took over strategic southern Manchurlan centers a month ago after a clash between Japanese railway guards and Chinese soldiers convinced Japanese officials the Uvea and properties of their nat ionals were endangered. China has appealed to the League of Nations, charging Japan with violation of In ternational obligations. A spokesman for the foreign of fice commented tonight on the opin ion expressed abroad that interven tion by the league, which has Invited the United States to participate In its consideration of the problem, was necessary to prevent active hostili ties. "If left to ourselves China and Japan would find some way to get together and settle the present dis pute," he explained. "It might take months, or possibly years, but the two nations never would fight. That is the point we desire to make clear at Oenova." The spokesman explained that In Japanese eyes the Chinese are not seen aa warriors, but as pacifists at heart, much preferring verbal rows to actual combat. He said the two countries, during the centuries thoy have lived as neighbors, always have managed to settle their differences between themselves to their own satisfaction, , and for that reason Tokyo now believes direct negotia tions with China present the moat logical route to solution of the 300 odd questions, some hanging fire for years, which have been brought to a head by the present occupa tion, "China cannot possibly force Ja pan to declare war," he commented. As viewed in government circles as a whole, Japan will continue to adhere to her original contention that occupation of Manchuria was In "self defense" and constituted no violation of the Kellogg pact, In which the nations of the world re nounced war as an Instrument of national policy. The Rengo news agency carried a statement from army authorities characterizing the American attitude toward Manchuria as "extremely meddlesome" and added that "aa far as the army Is concerned, secession from the league if necessary would be quite In order.' GENEVA, Oct. 17. (AP) The United States and twelve other na tions agreed through their League of Nations council representatives to night to send a note to Nanking and Tokyo directing the attention of China and Japan to their engage ments under the Brland-Kellogg pact. E FEELS HEAVY TREMORS ANCiOICAOE, Alaska, Oct. 17 (AP) Severe earth tremors were felt at 3:30 a. m. today accompanied by loud noises like distant explosions, which started several minutes before the quakes were felt. Many resi dents left their homes during the five minute period the shocks were felt. PRESIDENT GETS 'HOLE' PAINTING PORTLAND, Ore.. Oct. 17, (AP) President Hoover soon will receive an oil painting of the old swimming hole of his boyhood days.k The picture is that of a deep, quiet pool in the Chehalem river near Newberg, Ore, where Hoover and other boys from the little town sought refuge from summer heat. It's a picture of light and shadow and golden sunshine filtering through the leafy tops of tall trees. Hoover owned a bicycle when he was a boy and he allowed Clyde Leon Keller, who bad no "wheel," to ride It frequently. Keller la now a well known artist and he hope the pic ture he has painted will recapture for the president some of the Joys of slmmln' hole days. PORTLAND, Ore.. Oct. 17 (AP) The convention committee of the American Legion today recommended that the 1032 national convention, which Is to be held In Portland, be held from September 13 to P5, InT Copyright br News Syndicate Co., loo From the Associated Press. Marlon Roberts, former Follies girl and alleged sweetheart of Jack "Legs" Diamond, New York gangster, surrendered to police al Watervliet, N. Y., to answer an In. dlctment for assault. She was freed on ball. E GOLD Great Fortune Uncovered In Effects Of New York Lady Who Knew King ' Edward Hoarded Money And Old Laces. NEW YORK, Oct. 17. (AP) The already fabulous wealth of Mrs. Ida E. Wood, 03-year old recluse, In whose room B00,000 In cash and se curities was found, grew today as Jewel,, laoe and silk experts inven toried the contents of her 40-odd trunks. - i . . The appraisers completed their ex amination of only five trunks, said Harold Wentworth, an attorney. All contain relics of the' days when Mrs, Wood was a belle of New York and a dancing partner of King Edward VII, then Prince of Wales. The Astor Audit and Appraisal corporation, trying to fix the present value of the gowns, necklaces, watches, bracelets, tiaras and other gem-encrusted piece, said the Items might be worth "up to $1,000,000." The appraisal disclosed that the many 1,000, 96,000 and 10,000 gold certificates, dating back almost to Civil war times, which were fouud In her clothing, would go begging for a market among numismatists. The fate of the large collection of apparel remained uncertain, Went worth said. Otis F. Wood, the wo man's nephew and guardian, said he favored assembling it, with the best of the antique Jewelry, in a museum collection. Mrs. Wood has not been Informed of the Inventory of her effects, law yers said. She furnished the address of a storage warehouse, however, in which all her known property was located without difficulty. As each trunk was reached by the examiners, it was removed to the Hum man National bank and the most valuable of the contents were placed In safety vaults. It will re quire weeks, the experts said, to fix definitely the worth of the Jewelry. There Is one diamond necklace with gems grading from eight down to one and one-half carats which Mrs. Wood wore at the famous Em press Eugenie ball In Madison Square Garden. Some of the gems diamonds, rubles, and emeralds had been taken from their settings, wrappod In bits of paper, and lain untouched for yen re In Mrs. Wood's bureau. THIEF IS SORRY, SO PENS REGRETS PORTLAND. Ore., Oct. 17 f AP) This automobile thief changed his mind. In an abandoned automobile found here today was a note reading: "Stolen, 60S Terry Avenue, Seattle, Wash. My first and last. Sorry." The car was regis ted to H. 8. Nash, Seattle. FACTI FIGHT IN STREET BRUNWICK, Germany, Oct. 17 (AP) Serious street fighting between Hitlerites and a ntl -Hi tie rites occurred here today on the eve of the national socialist field day at which Adolf Hitler, the NarJ leader, will review forces drawn from all parts of the relch. Eleven persona required hos pital treatment. Several others re ceived less serious knife wounds. An automobile containing 37 Naxis overturned near Wurzen. One was killed and the others injured. TCAPONE AS TAX EVADER, LAW DELAY NEAR Federal Jury Finds Guilty On Five Of 23 Counts After Eight Hours Pon deringMaximum Pen alty 17 Years Jury Gets Mixed Up. FEDERAL BUILDING, Chicago, Oct. 17 (AP) Alphonse Capone, Chi cago's notorious gang character was convicted by a federal court Jury to night on five out of 33 counts charg ing evasion of Income taxes. The Jury took eight hours and 18 minutes to reach a verdict. The counts on which Oapone was con victed include three felony allega tions of attempt to evade and defeat Income taxes for the years 1925, 1928 and 1927 and two misdemeanors counts charging failure to file in come tax returns In 1B2S and 1929. The maximum penalty possible is 17 years Imprisonment and 150,000 fins. The big gangster was acquitted on the one Indictment charging attempt to evade and defeat taxes on a 1924 Income. He was also acquitted of 17 felony accounts on the second in dictment, many of them duplications of the counts on which he was found guilty. The Jury was polled once and then, after Assistant U. 8. District Attorney Jacob I. Grossman said it appeared that the Jury might have been mixed on the numben of the various counts, the attorneys went Into a conference as a recess was oalled. The Jury was given the case at 3:42 p. m., today and deliberated constantly without even a bits to eat, until 10:50 when It sent word that it had reached Its decision. The husky gang czar, dressed for his final day In court in a light green suit was summoned from his hotel headquarters and twenty mln utos lator tho 12 men filed In with their verdict, Grossman said It appeared "incon sistent" that the Jury should find Oapone guilty of evading taxes in 1925, 1928 and 1027 and not guilty of similar felony counts, in 1928 and 1929. The dofondant smiled as the ver dict was read by the cleric of the court, One of his attorneys, Albert Pink, announced Informally Inten- "uu to me a motion for a new trial, and later withdrew the an nouncement. Three felony counts on which Ca pone was convicted charged that his Income was $357,285 in 1925; I1S5 678 In 1928; 218,058 In 1927 and that he attempted to evade and de feat taxes on these Incomes. The government did not attempt to prove these exact amounts, however, and the court Instructed the Jury that It should find Capons guilty If It de termined that he had merely a "tax able" Income, or one over 95,000 for each of the years in question. The trial ended In confusion, with the government apparently more con cerned over the Jury's failure to con vict Capone on 17 of the counts than the defense wsa with his conviction on five of the charges. Capone and his attorneys, all smil ing, went into a huddle In the cor ridor during the short recess, Michael Ahern, one of the defense lawyers saying "It was what I expecttd." Judge Wllkerson after much dis cussion granted a request by the dofense to argue their motion for arrest of the Judgment and set 10 a. m., Tuosday as the time. The court at first denied Vit mo tion point .blank when Attorney Pink presented It, saying it was "obvious ly Improper" and there could be no argument about it. He said that unless the defense moved at once for a new trial he would pronounce sentence tonight. Fink persisted, however, and the court then askod for "assurance that you have grounds for the motion. "I not only can assure you of that, your honor" Fink said, "but 1 can assure you I will convince your honor you should arrest Vie Judgment and that you will do so." All other motions will be argued Tuesday also the court said. Counsel for the government recess ed for ten minutes to confer "on the consistency ot the verdict" blntlng that the contrasting Judgments on the several counts "might need be looked into. They reported after a conference that the statutes showed the verdict to be consistent. Attorney Ahern had said the same from the time It was returned, - Although the Judge said he "was vory clear about the impropriety of an arrest of Judgment," Attorney Fink promised to cite him "along line of case." Judge Wllkerson adjourned court without passing sentence. Indicating that he would sentence Capone Tues day after he bad heard motions from both sides. Judge Wllkerson told the Jurors that any who wished to, could be excused at once, and that those who wanted to serve on other oases might remain In the custody of the marshal. Capone, a v ide grin on his scarred face, was told that ha didn't look as If he felt badly. "I'm perfectly healthy." was his rs ply. 8EATTLK. Oct. 17 (AP) Mrs. Florence Kltoff was found guilty of manslaughter by Jury late today, after three hours ot deliberation. In her trial for the slaying of her brother-in-law last spring. She will be sentenced next week.
