The Cincinnati Enquirer from Cincinnati, Ohio • 8

THE ENQUIRER, CINCINNATI, WEDNESDAY, MAY IS, 1927 SURPRISES TO GREET VISITORS AT CONEY THIRD GUILTY company under tills policy, tho proceeds of which had been paid into Court to be distributed by tho Court. UTO CLUB NEWS OF THE COURTS trading indorses, mules, wagons and the like at 408 iftink street, Solomon Straus filed suit in Common Pleas Court yesterday against his partner, Leo Mook. He charges, through Attorney William Thorndyke, that Mook has refused him an accounting of their partnership, and he asks that a master commissioner, be named to settle the differences between them and wind up their partnership. Is To Eemain Alert To Thwart Any Future Effort Remove Revenue Office, Resolutions Declared Unmindful of assertions from Washington, D. that there would be no' immediate attempt to combine the Cincinnati Internal Revenue office with the office at Columbus, Ohio, abandoning the local office, Trustees of the Cincinnati Automobile Club, meeting yesterday in the Grand Hotel, unanimously passed resolutions pledg- lng themselves to be always on the alert for arfy ftiture attempt to carry' out this plan.

I Mandates and Opinions Filed. Mandates and opinions affirming the Judgments of United States District Judge Smith Hickenlooper In the cases of Kato T. Woolsey, Trustee, New York City, vs. Edith M. Trimble.

Los Angeles, as Administratrix, of Robert J. Trimble, et and Richard D. Brlggs, vs. the Detroit, Toledo and Iron Railroad Company were filed in United States District Court yesterday by Appellate Court Clerk Arthur Mussman. Bank Charges Bankruptcy.

Involuntary bankruptcy proceedings were filed in United States District Court yesterday against the Scott- Spencer Automatic Tool Company, 4C07 Eastern avenue. The petitioning creditors are the Provident Savings Bank and Trust Company, who Is the holder of three promissory notes for $2,250, $4,700 and $600, respectively, all overdue and unsecured; the Wirthlin-Mann Company, $571, alleged to be due on an account, and the H. Neuer Glass Company, $1,562, due on an account. It is alleged the respondent company Is insolvent and that It committed acts of bankruptcy in making an assignment to the National Credit Company on February 7, 1927, and in permitlng a receiver to be appointed In the suit of the Provident Savings Bank and Trust Company against it in Hamilton County Court of Common ITeas on April 30, 1927. JURY TO REPORT On Bank Case Today.

Indictment in College Corner Crash Expected Two New Witnesses Give Testimony. SPICUI, DISPATCH TO TH INQCrtH. Hamilton, Ohio, May 17. The But ler County grand ury prefcably will make Its report tomorrow afternoon or Thursday morning, completing by that time an Investigation of short ages approximating $155,000 at the College Corner Banking Company. This investigation has required as much time as all other cases com bined.

At least one indictment Is forecast. Two Important witnesses were called today In the bank case. One was Dr. Curtis Clark, of College Cor ner, former President of the Dr. Clark Laboratories, one of the companies that obtained heavy loans from the bank.

The other witness was Mrs. Lorella Smith, now a nurse at the Reed Memorial Hospital, Richmond, Ind. Mrs. Smith has claimed a shortage of $3,900 in her savings at the bank, and now states that she virtually is penniless. working at the hospital for $9 a week Mrs.

Smith said that only recently she had intended to withdraw her sayings from the bank, but had neglected to do so. Like many of the depositors, she spoke of implicit confidence in CharlesJ Stout, Cashier, who now faces charges of having misapplied funds and having taken Liberty bonds from safety deposit boxes, SIDELIGHTS' OF TUB SB BY. O. E. WADB WERNER.

Hollywood, Cal. (A. An elab orate game of hide-and-seek is played almost nightly In the metrop oils and Its environs. Those who seek are players anx ious to see previews of pictures In which they appear. Those who hide are the producers, anxious to get an unbiased audience's opinion of their product Precautions are taken to keep members of the cast from learning where a picture is to be previewed.

Experience has shown that their friends add too much appreciative laughter or applause and prevent a true test of the tentative film. Frequently a producer will let word leak out that a picture is to be previewed at a fashionable neighborhood theater, then whisk it into a modest factory district house. Usually several types of audiences are tried out before the picture Is considered adequately previewed. SCREEN TEAMWORK. One of the busiest actors in Holly wood spends comparatively little of his time acting.

He is Heri Menjou brother of the cel ebrated Adolphe. Henri did not acting in films until after Adolphe had become fa mous and his screen work so far haa consisted main ly of bits. Most of his time is taken up with managing his brother's busl ness affairs. He nrears" a mustache MENRt inat is huilb uuime MENUOU) PATENT PERSPIRATION. Weapons designed to kill insects are causing cold beads of perspiration to gather on many a film forehead.

Studio make-up experts have found the ordinary garden spray will bring a fine sweat to an actors skin when loaded with glycerine and pumped at him as though he were a rosebush. PILLS TO FILMS. Fred Thomson, the Western star has chosen for his new leading woman a doctor' wife. She is Norma Stone, a St. Louis girl, who had no In tention of trying to.

break into the movies when she came to California with her husband. "Why are there so few doctors' wives in pictures?" someone was moved to remark on seeing Norma. "That's a suggested Thomson. Doctors probably think a desire to act in the Tlopma. Stone films Is patho logical, so when they find such a case in the family they try to treat it at borne." SCREEN mf mmmm In Murder of Editor Former Canton Detective Is Condemned For Life In Ohio Prison Where Two Other Conspirators Already Have Been Sentenced.

BTXCUL DISPATCH TO THB KKQUIBSB. Canton, Ohio, May 17. Floyd Streltenberger, discharged Canton de tectlve, tonight was convicted of first degree murder for his part in the plot that resulted in the assassination of Don R. Mellett, Canton editor. As in the case of Patrick E.

McDer mott. actual killer of Mellett, who was convicted last Christmas Eve, the former detective received a recommendation of mercy which saved his life, but condemns him to a life in prison, without hope of pardon or parole. Streltenberger is the third to be eonvlcted for the killing of Mellett. The other was Ben Hudner, who re celved a life sentence when found to be guilty of second degree murder, Conviction of Streltenberger leaves only one more under indictment in the Mellett case. He is Louis Mazer, who is alleged to have accompanied the murder party the night Mellett was slain and whose confession re suited In the Indictment, arrest and conviction of the former detective and his one-time Intimate.

Mazer is reported to have received a promise of Immunity If when Streltenberger was tried it appeared that he had told "the whole truth." Mazer, when on the witness stand this week testifying against Strelten berger, said he waived immunity and threw himself upon the mercy of the "Court. In the courthouse waiting for the Jurors' decision was Mrs. Florence Mellett, widow of the slain publisher, and her four children, all less than 12 years ola. With them were Lloyd Mellett, brother of the martyred man, his city editor and first lieutenant during his editorial crusade to destroy what he branded an alliance between certain members of the Po-lice Department and the "Jungle." Streltenberger was uneasy as the Jurors debated whether he was to be sentenced to death in the electric chair, pass the rest of his life in prison or go free, cleansed of the tlgma "murderer." Gone was the ease which he displayed throughout the trial until the state sprang three surprise witnesses In Emll, Elsie and Carl Gussett to smash his "sick-dog" alibi. The trio, Carl, only 15, neighbors of the Strelt-nbergers and relatives of the former detective's "alibi" witnesses, declared Streltenberger's dog was not "sick" the night of the murder last July 15.

Carl Gussett declared that his five-year-old sister had the dog in their home that night, romped and played him. Mr. and Mrs. Gussett added that they were in Streitenberger'3 home when "a dark man" called him to the door and the two left In the detective's automobile at midnight. Streltenberger was charged by the state with having been the "brains" of the plot to "get" Mellett.

It was he. Prosecutor Harter declared, who pushed the conspiracy and Insisted that the editor should be hushed forever The whole plot was hatched, ac cording to an alleged confession of Louis Mazer, during the first Civil Bervlee Commigaion nearing for reinstatement of Saranus A. Lengel as Chief of Police. 'This man Mellett Is causing too much trouble for the boss," Mazer quoted Streltenberger as having said "Something haa got to be done about It" Hudner, through his counsel, E. L.

Mills, has an appeal pending which seeks to set aside the verdict as Illegal and give Rudner his freedom. Mills argued that since the evidence tended to show that Rudner was guilty of premeditated murder. If he was guilty at all the second degree verdict is illegal and virtually an acquittal. Mazer, also under Indictment for first-degree murder, remains In Stark County Jail here, where ho has been ince his arrest last August Prosecutor Harter promised Immunity to him If It developed that he had told the "whole truth." Mazer, however, testified In the Streltenberger trial that he had waived the Immunity promise and had "thrown myself on the mercy of the Court" Just what disposition will be made of his case has not been determined by Prosecutor Harter. A reward fund totaling $27,000.

pledged by various business firms, newspapers and individuals, remains be divided. Anouncement of the recipients la- expected to be made before the end of the month. MOVING RIGHT ALONG. Harvard Student Sees Coolidge One Day, Donahey Next. MMUL DISPATCH TO THE EKQUIU1.

Columbus, Ohio, May 17. Phil Ar-mond. 21-year-old freshman law student at Harvard, thumbing his way to his home in San Francisco on a wager, stopped In the office of the Governor' of Ohio today for a letter from the Ohio executive to send back to classmates at Cambridge. He said he had Just had a lift from Washington, D. to Columbus and had left Washington at 5 o'clock this morning.

He arrived in Columbus at 1:15, or nine hours and 15 minutes after he left Washington. Clerks at the Governor's office figured he had traveled at tho rate of 43 miles an hour. Armond said he was going- to stop at McCook Field, Dayton, to see what chances were of obtaining an airplane lift westward. If he makes San Francisco by July 4. Armond said, he would" win an automobile.

But that's not the real object He said he had received a lung Injury playing football and was taking the fresh-air treatment. He called on President Coolidge yesterday, he said. STORM'S TOLL GOES TO 83. Poplar Bluff, May 17 (A. The number of known" dead in th tornado here May 9 was increased from 7S to 8J today with the.

finding of two mors bodies, the death of one of the Injured and the disclosure that two dead had not been listed. Not only is she desirous of ridding herself of William Kolic, her husband, but Mrs. Anna Kolic, Melvin street, alsd desires to free herself of his name, for, although she has a child, she is asking In her suit for a divorce that her former name, Patterson, be restored to her. The suit was filed yesterday through Attorney H. P.

Karch. She was 33 years old and a widow when she was married to Kolic, 28 years old, a car Inspector, November 1923, and she says she then owned property, but Kolic dissipated this by his drinking liquor, and she had to sell everything and obtain employ-mint. He her last Sep-, tember, she says, so she seeks the divorce, with the custody of their child and restoration of her former name. That he deceived her into believing he was attending to business or at lodge meetings, when he was out with other women, is the charge of Lena Wallace, 211 East Liberty street, in her suit for a divorce from William Wallace, 1703 Sycamore street. Through Attorney Eric Schulte, Mrs.

Wallace charges that since their marriage, June 21, 1919, he has not provided for her properly. forcing her to obtain employment. He also abused and threatened net, and threw a hatchet at her once and a razor at another time, she avers. After Eleanor Dlckelmeier, 1531 Vine street was married to Aloysius, also known as Albert Glandorf. 2i; years old, steam fitter, in Coving ton, December 11, 1923, she was afraid to tell her parents and so they kept the marriage a secret.

She then was but 17 years old, and July 2, 1924, after she had passed her eight eenth birthday, they were marrle again in thlB city, so they could inform her folks. Even after the second marriage she said nothing of the first ceremony In Kentucky, until Glandorf beat her, she says, and then she informed them. Now she Is suing for a divorce, through Attorney B. J. Gllday, and la seeking the custody of their child.

She charges that Glandorf was abusive and Jealous, and that, he denied the parentage of her child and demanded that it be taken to a hospital for a blood test, declaring that this would prove he was not Its father. Ho beat her frequently, and once tried to disfigure her face with a razor blade, she charges. Mother Guilty; Daughter Acquitted Mrs. Anna Methllng, Greenville ave nue, Glendale, was convicted of hav- ng given a check asainst insufficient funds when tried before a Jury In Judge Charles S. Bell's Criminal Division of Common Pleas Court yesterday.

It was charged that In August 19215, she gave two checks to the H. C. Miller Oil Company, for 3100 and $72.35, both of which came back, and then she gave a third check for tho total, $172.35, which came back marked "Insufficient funds," also, it was charged. Her daughter, Mrs. Gracel Bias, ame address, who was indicted with her on a charge of having given similar check for $87 to take care of a bill against her mother, was acquitted, Judge Bell directing the ver dict of acquittal after it was shown that when Mrs.

Bias's check was re celved the company called the bank and was informed that the check would not be honored, and so did not put It through the bank. Judge Bell held that the check had not passed through the regular channels, and so Mrs. Bias was not guilty of the charge. Both women were defended by Attorney T. Gordon Gutting.

As slstant County Prosecutor Edward J. Corcoran appeared for the state. Student Wins Verdict. Judge Stanley Struble's Common Pleas Court Jury returned a verdict yesterday awarding Louise J. Cohen Cleveland, Ohio, student at the University of Cincinnati, $2,555 damages from the Town Taxi Company, for In' Juries she sustained May 8, 1926, when she was struck by a taxicab at Seventh and Main streets.

She sued for $25,000 through Attorneys Vincent H. Beckman and James A. McDonald. Attorneys Galvin and Tracy repre sented the defense. Eecelver Is Named.

Charles Elsen was appointed to be receiver of the Pioneer Auto Heater Company, 4609 Eastern avenue, manu facturer of an appliance for heating automobiles, as the result of a suit filed in Common Pleas Court yoster day by the Bank of Commerce and Trust Company through Attorneys Matthews Matthews. The bank sued upon two notes, one for $1,800 and the other for $4,250. and as a creditor asked that a receiver be appointed for the concern, which Is being pressed by other creditors and in danger of losing its valuable patents and good will through a multiplicity nf nlt heinar filed against it Re ceiver Eisen will continue the busi ness. Would Dissolve Partnership. Seeking a dissolution of their part nership in the business of sellfcig and Hail, Here's Boon! SrXCIAL SIS PATCH TO TBS INQUIRES.

Chicago, Hay 17- Ever since the irt cracker was Invented, it has been a source of sustenance and trouble. Children have been punished, divorces granted and violence done because of the eating of crackers In bed, but a new light Is There is now on the market a cracker that safely may he eaten In bed. It has crumbs no soft that they will not scratch or otherwise disturb the lightest sleeper a round cracker with no sharp corners to ndi discomfort. Biscuit and cracker bakeries of tke Ylnlted Slates, In session here, assert that there are 1ST varieties of crackers and biscuits on the market. "There's an appropriate cracker for every time of day and night," said T.

Stokes, of New York, Secretary of the association. "There's a cracker for every type of person front the baby to the dispeptle." "I'Uln, On the beautiful Mall at Coney Island, which is to be the paradeway of many fun seekers Saturday, the day the big up-the-river park will he opened for the season, there is an accumulation of surprises caluculated to astound those who participate In th opening festivities. And dotted here and there over the park are a number of other new and Interesting concessions in which both the young and old will be Bigger and better than ever be fore. Coney Island is declared to be by its management the finest amusement In the United States. It has a natural setting that no other place can boast, with the winding river, the beautiful lake, the of Ohio and Kentucky, and great mon-archs of the forest forming a picture of unusual beauty.

Thousands of dollars have been spent on Increasing the attractive ness of the play-grounds and in the construction of new pleasure devices, and every possible effort has been exerted to bring to the park the con cessions that appeal strongest to I Music COLLEGE OF MUSIC. Only Incomparable teachers could achieve results In grand opera expression with student forces such as were achieved last night in Emery Auditorium by the classes of Italo Plcchl, In charge of the opera department of the College of Music of Cincinnati. Probably more noteworthy even than the vocal and dramatic ensemble on stage was the Instrumental ensemble in the orchestra pit for the accompaniments to the three scenes that were presented were played by a student orchestra, under direction of Adolf Hahn, director of the College of Music, whose presiding genius carried the young performers successfully over the- rough places and helped them approach "artistic heights. Three grand operas were represented, "Aida," of which the fourth act 'was given; "Rigoletto," by the third act, and "La Boheme," by the third act. Each scene was attractively mounted and lartistlcally lighted.

The costumes were according to tradition, or as nearly so as It was possible to have them, considering the fact that no complete wardrobe was In each scene the youthful soloists demonstrated the high quality of the training they had received by preserving a smooth and effectual ensemble, often sacrificing personal glory for the benefit of the whole, as any good singer should, but as few actually Conductor jlahn and Mr. Picchi should be proud of their pupils. Mr. Hahn kept the orchestra forces under perfect control and the singers had been well rehearsed by Mr. Picchi.

The result was a performance tha approximated professional quality In vocal power and dramatic finish. In the "Alda" scenes Mildred Land-wehr displayed an exceptionally fine contralto voice, notable for Its warmth and dramatic intensity. Sam Bova, as Radames, sang with assurance and attained the climaxes without straining. The Aida of Edna Redlin In the final scene was excellent, the voice in the upper register being particularly sweet and true. Leland Sheehy sang the part of Ramfis well.

There was a numerous chorus. Norma Richter, Mildred Landwehr, Frani Trefiger, Eugene F. Eckerle and Herman Wessling shared the honors in the "Rigoletto" scenes, presented with more than customary animation, particularly the famous nuartet. which was rendered with fervency and exceptional balancing of the parts. Mr.

Trefzgers "La donna mobile" was neatly sung in pure lyric style, with admirable phrasing and inflection, not to remark the clarity of the diction. Colorful "La Boheme" of Puccini was represented by Its third act. Mathilda Brooks talking the part of Miml effectively, Margaret Leuck that of Musetta, which she gave ther necessary airy jauntiness, Sam Bova as Rudolfo, Eugene Eckerle as Mar cel and Herman Wessling as the Custom Guard. The various scenes were coached entirely by Mr. Plcchl, but not all the soloists were drawn from his vocal class.

Mathilda Brooks and Franz Trefsger were from the class of Lino Mattloll, Norma Richter Btudies with Mrs. Adolf Hahn, and Leland Sheehy is a pupil of Giacinto Gorno. The good showing they made reflects quite as much credit upon the classroom teacher as upon others who prepared them for public ap pearance. The traditional College of Music standard was maintained to the fullest extent last nlghfi WILLIAM SMITH GOLDENBURG. C0NSERVAT0EY OF MUSIC.

Sixty years ago the Cincinnati Conservatory, of Music, now of the leading institutions of. its kind those who love to "laugh and live longer." At 11 o'clock Saturday morning the palatial Isla'nd Queen, styled the finest Inland water boat In the world, will "sail" from the foot of Broadway with a boat load of merry makers who will fire the opening gun of what is expected to be the biggest year In the history of the Island. Tho Queen will be followed by her sister ship, the Island May, the two boats making regular trips throughout the day and evening. This beautiful ride is but an in-tregal part of the good time in store for the throngs who now look upon Coney as their favorite park, and is but the beginning of a day of happiness. Landing at the park, the pleasure seekers it is predicted, will be amazed at the beauty of the place, and when they get to the big gates astounded at the many Improvements made since last year.

The scores of pleasure devices In clude the big "Zoome Ride," an airplane trip that takes passengers over the river, the lake and the sur rounding hills; the "Tilt-a-wMrl," in which both the grown-ups and the kiddles can have world's of fun, the "Bluebeard Palace," in which the arch pirate, lover and murderer wooed in the country, was founded. In hon or of that memorable occasion a special concert was given last night by prominent members of the faculty at the Conservatory concert hall. A brilliant concert It was, among the performers being Marguerita Mel ville Lisniewska, Karol Lisniewaka, Mlecszyslaw Munz, Jean ten Have, Robert Perutz, Peter Froehllch. Karl Klrksmlth and Joseph Kolmschlag. Ample testimony of their talent r.s teachers is evidenced in the success of the many pupils who have studied underthem.

Equally Impressive tes tlmony of their artistic skill was re vealed last night. The program was suited to the dignity' of the occasion. It was purely and even serenely classical, the eve' ning being devoted to the threo lm mortal "B's" of the realm of music- Bach, Beethoven and Brahma. Yet It was agreeably varied, too, thus assuring inspiration as well as genuine aesthetic enjoyment. Bach "Concerto" for three piano," accompanied by a string quintet, opened the program.

The pianists, who played with exquisite finesse and who exhibited splendid co-ordination, were Mme. Llszniewska, Karol Lisz-niewska and Mieczyslaw Munz, each one of whom has won national and even international renown for masterful pianlsm. The members of the string quintet were Jean ten Have, Robert Perutz, Peter Froehllch Karl Klrksmlth and Joseph Kolmschlag, whose tones blended beautifully and whose accompaniment helped to bring out the manifold1 delights In this Bach composition, which, on the whole, was interpreted with the whole-souled reverence that it deserves. One of the most majestic of all Beethoven's musical works is the imperishable "Kreutzer Sonata." Prodigiously because of its extraordinary intricacy and Its subtly fluctuating moods, it was memorably interpreted by Karol Llszniewski at the piano and Robert Perutz playing the violin. To those of the students who heard it for the first time It must have left a lasting impression.

To those who had heard it upon one or more previous occasions it must have compared favorably with the best. In fact, it was almost faultless, Anyone in last night's audience who cherished any notion that Brahms is coldly Intellectual, lacking warmth of soul, must have had a change of opinion after hearing the interpretation given his trio for piano, violin and cello by Mme. Llszniewska, Jean ten Have and Karl Klrksmlth. Thoroughly satisfactory were the ensemble effects of these three artists. What with Mme.

Lisz-nlewBka's dazzling planlstlc technique, Mr. ten Have's virile and resonant violin tones and the mellifluous and poignant cello tones of Mr. Klrksmlth it was a rendition long to be treasured in one's memory. One Is tempted to wish that the conservatory would have several anniversary cerebrations a year in order that such concerts as that of last night could be more frequent. CARL B.

ADAMS. MATINEE MUSICAL CLUB. The Matinee Musical Club will meet today In the Hotel Gibson to hear a concert by members. The program will be devoted entirely to Brahms music. Agnes Hilton will read a paper on the life of the composer.

There will he songs -by Mrs. William J. Shroder, Rose Fisher Smith and Mrs. Walter. H.

Tarr, Jr. Lillian Tyler Plogstedt and Mrs. C. S. Browning will be the accompanists.

Ruth Morris and Gertrude Dalton Thorp will play the, Third Sonata for violin and piano. FRITZ REINER DEPARTS. Fritz Reiner, conductor of the Cincinnati Symphony Orchestra, left Cin cinnati last evening in his automobile for New York City, where he will have his auto crated and snipped to Europe to await his arrival In Hamburg after his season as conductor of the La Scala Orchestra, in Italy, where Tosoanlnl has bid him One Cent Is Verdict. A verdict for one cent damages resulted In Judge Fred Hoffman's Common Pleas Court yesterday, In the trial of a suit by Harry Segal, 4 Lee Court Apartments, against the Western Union Telegraph Company. Segal said he owned 200 shares of General American Tank Corporation stock and In January, 1925, when ho was In Florida, he wired his wife to find out whether or not he should sell it.

She wired an answer on January 9, telling him to sell, but he did not receive this until January 16. he alleged, and then the stock had dropped 4 points, and he lost $925, for which he sued. He was represented by Attorney Lester Jarfe, while Attorneys Ireton and Sohoenle represented the telegraph company. Family To Receive Estate. Disclosing the fact that Christian Heinle, bank cashier, who died at I' is homo, 930 Klndlfly street, last week, left no will, application was made to Judge William H.

Lueders in Probate Court yesterday, to administer his estate, estimated at $75,000 In personality and $7,600 in real estate. His mother, six brothers ana tnree sisters will benefit. NEW SUITS FILED. COMMON PLEAS COURT A.1,458. Hank of Commerce and Trust Company vs.

the Pioneer Auto Heater Company. For declaration of trust A3.169. Application for writ of habeas Kate Morris 'vs. Albert fcalker. A3, 463.

Patton Tile ana Mantel Company vs. Myrtle Erhardt et al. For foreclosure of mi. A3.463. Laivrenre Hamant city Cincinnati.

For $5,000 as damages. Wallace vs. lace. For divorce. William Wal- Bnrah Trauberman vs.

William or aivorre. A3 468. Anna Kolic vs. William Kolic. For divorce and custody of child A3.4C7.

Robs C. Swan vs. Howard Van Os.lal. For 473 and foreclosure of mortgage. A3.468.

Sophia Rleas vs. For dlvoron and alimony. Louis Rless. A3, 469. Elenora Orandorf vs.

Aloysius Olaiulorf. For divorce, alimony and custody of child. A3, 470. Marlon O'Brien vs. Roy O'Brien.

For divorce. A3.471. Harry Cheesman vs. Fred Hart-man. To set aside will of Emma Hart-man.

A3. 472. Central Trust Oomnanv vmi Mac-neale et al. For foreclosure of mort gage. UNITED STATES COURTS.

United States District Judge Smith Hickenlooper yesterday handed down his final decree In the patent Infringe ment suit of the Nlles-Bement-Pond Company vs. The Carlton Machine Tool Company, finding the Willard T. Sears patent In suit is valid as to Claims 6, 7, 8 and that these claims have been infringed by the Carlton Company, and appointing James M. DeCamp, Cincinnati, as special master to take and state an accounting of profits and damages due to the complainants from the defendant company. Court also granted a perpetual Injunction restraining the defendant company from further manufacture and sale of mechanisms embodying the invention covered by the Sears patent and awards the complainant Its costs.

Upon the entry of the decree the defendant company filed Its petition for allowance of an appeal to United States Circuit Court of Its assignment of errors, and this was allowed by Judge Hickenlooper, who fixed the appeal bond at $250. Sheriff Seeks Dismissal. Averring that the abstract At the evidence set forth in the record on appeal in the case of the Fordson Coal Company vs. W. J.

Naggard Sheriff of Leslie County, Kentucky, had not been approved, allowed or signed by United States District Judge A. M. J. Cochran, Kentucky, Sheriff Naggard yesterday filed in United States Circuit Court of Appeals a mo tion for the dismissal of the appeal filed by the Fordson Company. With his motion he submitted the affidavit of Deputy United States District Clerk S.

W. Stacey, London, in support of his assertion that the ab stract of the evidence had noti been seen by Judge Cochran. Widow of Jurist Appeals. Another echo of the tragic death of the late United States District Judge J. W.

Ross, Memphis, which took place July 9, 1925, when his auto mobile left the road and plunged Into a ditch, and the fight of the Interna tional Life Insurance Company to have oanceled a $50,000 life Insurance policy on the ground Judge Ross's death was suicidal, was heard in United States Circuit of Appeals yesterday when his widow and their five children filed an appeal iij Appellate Court. The appeal grows out of interpleader procedlngs filed by the insurance company in the Memphis Federal Court following the decision of Appellate Court here a number of months ago that the company had failed to prove that Judge Ross's death was due to a deliberate act on his part with suicidal Intent, and therefore cancellation of the $50,000 policy was not justifiable under the provisions of the policy. The policy was Issued upon the Joint Mives of Ross, Thomas B. Car roll and James I. Lamping, business associates, and was payable to the survivors.

Just before Ross's death he was Indicted under a charge of having been implicated in the failure of the Peoples' Savings Bank, of which S. S. McConnelt iad been appointed receiver. In its Interpleader action the Insurance company named as defendants Carroll and Lamping, Re ceiver McConnell, Mrs. Sara Ross, widow of the jurist, her minor chil dren and others who, the insur ance company averrea, naa rnea suits against it to recover under this policy or otherwise had made claims.

Among those who filed suits against the insurance company was Mrs. Ross in behalf of herself and her minor children. She is the appellant in the proceedings filed in Appellate Court yesterday and com plains against the decree of United States District Judge Harry B. Anderson, Memphis, 'enjoining all of the defendants from bringing or imain- taming suits against tne insurance The resolution, as prepared by Ben May and former Senator Joseph R. Gardner, follow: "The Board of Trustees of the Cin cinnati Automobile Club this day resolves that, inasmuch as plans of the Internal Revenue Department at Washington, D.

contemplated th removal or tne internal lite irom iinuinnaxi, ana inasmucn as swiit protests from rmnineRa mil Interests brought this plan at least to a temporary halt.fcthat this Board of Trustees hereby resolves to con stantly keep In touch with this situa tion to prevent any further attempts to deprive this city'of the Internal Revenue Office which.is so important for our business progress. "It 'requires no student to de termlne the volume of business trans acted by the Cincinnati office as com pared with the office at Columbus, where plans had called for the establishing of headquarters for South-. ern Ohio, and the Inconvenience would be without parallel in the history of our local business "The removal of this office from Cincinnati, exposed through the alert, ness of the press to this danger, la unnecessary, uncalled for and an in justice to the city of Cincinnati." Copies of this resolution, upon ran tion of Trustee John O. Gutting, will be sent to air Representatives, Sena tors and officials at Washington who may, In any manner, be Interested in the welfare of Southern Ohio and Cincinnati, as well as the Commercial Club -and other Cincinnati business and civic organizations. During the last Week final plans were made for entertaifiing delegates to the annual convention of the Ohio State Automobile Association, which opens next Thursday evening In the Hotel Alms.

President A. E. Mltten- dorf announced that the largest group of delegates in the history of the as sociation would attend the Cincinnati convention. w- Charles B. Rattermann, Chairman of the Traffic Committee, announced that signs would be placed on all highways leading to Cincinnati urg- ng tourists to ask traffic officers for copies of 'the Cincinnati traffic code.

WILLIS VOICES OPPOSITION To Eevenue Office Combination- Inconvenience Is Stressed. 8FSC1AL DISPATCH TO TBS ENQUIEEB. Findlay, Ohio, May- 17. United States Senator Frank B. Willis expressed himself here today as strongly opposed to the concentra tion of work of the Internal Revenue Department in Cleveland and Columbus and abolishing the offices In Toledo and Cincinnati.

'Think of the inconvenience of requiring Cincinnati to go to Columbus or Toledo to Cleveland to transfer its business," commented the Senator. "Business naturally centers about these- cltifes because the revenue offices have been there for years." The Inconvenience, he believed, would more than offset any saving there might be in connection with the combination as proposed David Blair, United States Internal Revenue Collector. "I'm confident the people are sat' isfied as it is and I'm In favor of maintaining this same status," Senator Willis said, adding that he Intended to do all he could to prevent! tb.e carrying- out of the Treasury Department's order. Local collectors. the Senator explained, would be dis missed, and their places would be taken by high salaried civil servica men imported from the East, "I'm for eebnomy, but not -for si move like this," he concluded.

RESOLUTION IS AB0PTED By, Purchasing Agents Against Revenue Office Change. A resolution protesting against the proposed removal of the Internal Revenue office from Cincinnati for consolidation with the Columbus office was adopted last night by the Clncln- atl Association of Agents at the Hotel Gibson. The resolution was sent to Congressman Nicholas Longworth. Robert A. Taft, attorney, spoke on terminal developments in Cincinnati declaring that Cincinnati had natural terminal facllltes and that Clncln-natlans shouTd take advantage of these facilities.

W. Scott Altor, President, presiding; lit the first meeting since his election. announced that Cincinnati should be ell represented at the annual conv ention "of the National Assoclatl" of Purchasing Agents, which is to meet in Grand Rapiqs, Mien. He urged as marry of the members of- the Cinolnatl bnranch to attend the con-- ventlon. OFFICERS ARE SEPARATED.

Secretary and Treasurer of Ameri can business Club Are Named. Following a report of the Finance Committee of the American Business Club at a luncheon yesterday at the Hotel Gibson, Louis E. Porter, At torney-President, announced the p- pointment of Robert McCullough as Secretary and Rudy Striecher as Treasurer, abolishing the combined position of Secretary-Treaaurer. The Finance Committee was head ed by Howard Ecker, which made ai complete audit of the membership and the financial '-condition of the clubi It was stated that the finances of the club had been found in a disarranged state of affairs, and that the Board of. Directors considered the appointment of a Treasurer and Secretary necessary to handle the financial and detail affairs of the club in a disinterested manner.

The meetfnar vesterdn.v. was for th members only, all of the entertain ment features and other business having been canceled to give und ivided attention to the. considers tlon of the Finance Committee's r- port In and killed his many wives, and many other new and absolutely different places for amusement seekers for a ages. Of course, the "Wild Cat," now wilder and more ferocious than ever before, is ready for the opening day, as the "Noah's Ark" and all th other devices that were so popula In former years. Just beyond the Mall Is the Nata torium, the world's largest swimming pool, in which thousands can swim I the purest of waters, and bask In reaT sea sand.

This Natatoriujn was the mecca of Greater Cincinnati' swimmers last season, and Is des tined to be even more popular this year, because there is nothing com parable to it In this part of the country. But the surprises are the big thing at the Island. George F. Schott, Presl dent of the company, has been per sonally directing the work on these surprises, passing virtually his time there during the last three weeks. "I'm surprised myself every day," Mr.

Schott said when talking about the many new things at the Island. "Every day there is a change a new concession goes up here and there. The people of Greater Clncin natl can look forward to the biggest surprise of their lives when they visit Coney Saturday." conduct. Reiner Is expected in New York some time Friday afternoon In announcing the list of names of the Advisory Council of the Cin cinnati Symphoy Orchestra Associa tlon the name of Mrs. Charles H.

Jacob was Inadvertently omitted. She will continue as an active member of the council. The sale of season tickets for the symphony concerts will open to the general public May 28; following the time of renewal of last season's sub scribers. Tickets are being sold at the office In the Times-Star Building, Sixth and Walnut streets. LV.

THINEY IN COMEBACK. Comedian Not Sick or Broke, De spite Breakdown Report. BFSCUL DISPATCH TO THB XICQtmtZB. Chicago, May 17. Frank Tinney is neither sick nor broke.

He did not faint or collapse at the Club Bagdad last night. "You can tell the world that for me," he said today when questioned about reports mat ne naa suffered a relapse. "I did not faint," he said. "I was pulled off, I guess, because tthey didn't like my act. "I walked all the way home from the club, so I couldn't have been all In." "I was hired to do a Scotch bagpipe act, which called for almost no talk lng.

But 11 when I came here the management insisted on changing It. "I'm in physical shape to go ahead with my acjt according to the con tract." he's not broke. Tinney said so after he had heard the report that he fainted at the cabaret when he re ceived a telegram from attorneys for his wife demanding all that was left of his estate. CONSERVATORY RECITAL. Dr.

Karol Llszniewski, member of the faculty of the Cincinnati Conserv atory of Music, will present his ad vanced pupils in a piano forte recital this evening at 8:15 o'clock at the Conservatory Concert Hall. The program Is one which shows high standard of musicianship and Includes some, of the best piano lit erature from Bach, Beethoven, Chopin, PaderewskI, Schumann and Brahma. Ralph Brlggs will play the Bach- Tauslg arrangement of the Toccata and Fugue in minor and th Brahms Capricclo in sharp minor. Saidee McAlister will play tho thirty-two variations of Beethoven arid the Cho pin Polonaise in A flat major. -Har riet Palmer will give a performance of the Chopin Scherzo in sharp minor.

Dorothy Haring will play the Chopin Nocturne In major. Paderewskl's Theme Varle, A ma jor, will be given a reading by Har riet Perkins, and Mary James will be heard In her interpretation of the Schuman Kreisleriana. I TO PLAY NEW WORK. Cincinnati will have an opportunity to hear for the first time a composition by a local musician, Lino Mat-tioli, of the College of Musio voice faculty, on tonight's program at the College of Music Auditorium. This number is' entitled "Venetian Remembrances," and Is a trio for violin, violoncello and piano.

It was played for the first time last August in Atlantic City and met with great success. It be played by Celeste Bradley, violin pupil of Adolf Hahn; Minette Humphreys, cello pupil of Walter Heermann, and Charlotte Froendhoff, piuno pupil of Use Hueb-ner. prdgram presents a number' of Mr. Mattloll'B advanced pupils and others who are candidates for certificates or diploma in voice, I v-.