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.