The Charleston Daily Mail from Charleston, West Virginia • Page 1

FAIR TVKST VIRGINIA--F a 1 tonight and Tuesday: slightly warmer tonight. FINAL EDITION CHARLESTON, WEST VIRGINIA, MONDAY EVENING, NOVEMBER 2a, 1U31 PLAN DESIGNED TO END HOSTILITIES IS DRAWN BY COUNCIL Ready to Be Submitted to Japanese and Chinese Delegates PROPOSAL IS SECRET Provisions Withheld From Publication PESSIMISM IS VOICED Representatives of China Take Hopeless View PARIS, Nov. 23 Al- Sze, of China, brought the Jeaguc council's negotiations on Manchuria to an abrupt crisis to- day by a memorandum in which he i said it was useless to proceed with the drafting of any resolution for a commission of inquiry which did not also provide for evacuation of Japanese troops. PARIS. Nov.

23 League of Nations council at a short private session today completed a tentative draft of a resolution it hoped would be acceptable to the Chinese and Japanese governments as a basis for restoring peace in Manchuria. Tho text of the resolution uas not made public. Chairman Arlstldo Brland planned to discuss It i thu Chinese and Japanese spokesmen later In tho day and report Hie results of the discussions to the other members of the council at a incctlnx tomorrow. fhlnc-c Hopeful Shoatly beforB the clt.se of today's session the Chinese delegation said it understood the plan being dls- Inusscd by the council members uas largely In agreement with the Japanese proposal for a commission to Investigate conditions, and that It omitted any definite provision for evacuation of troops as the Chinese demanded. Members of the expressed alarm over the prospect.

If the council should jlold to the Japanese plan and fall to heed China's lequest. they said, the Nanking KOV- einment Is likely to be overthrown and Chaos to spread over all China. Japan, they declared, would In that way obtain apparent Justldctlon ol her military policy. "Japan has knocked us tlovin. and tho'coimcl! Is now kicking us." It w-iis said In authoritative Chinese circles.

Dr. Sze, Chinese spokesman. It mis received no assurance that American goiernment. upon whoso attitude they believed the outcome depends. Is willing to take any steps to Induce withdrawal of the Japanese army.

Amcrlfii'- Alllliulc In leuiiuo quarters, it was said thu rxle.nl of Ambassador Danes' assurance to the members of the council uas: "If the league wishes to apply economic sanctions to get the Japanese to withdraw, very well; but America will not participate." The, league secretariat had completed preparation of the text of a resolution before the council met today but the Jap.tnescs delegation hail new Instructions from Tokyo which they predicted might make an ugreenient hard to reach. It was understood that the resolution calls for a commission of three members, with experts and advisers, lo make an Inquiry Into the whole problem. Including Japan's contention on the alleged failure of China to recognize past treaties. Its geographical scope. It was understood, would Include- Tokyo, Nan- king and Pelplne as well us Manchuria.

TWO ASK TOW. NOW FACE DRY CHARGES Two Clay county men who stopped the automobile driven by Superintendent K. L. Onborn. of the stale police, and asked him to tow their car were under arrest Monday, charged with possession of moonshine whiskey.

The men, who were to be arraigned Monday afternoon before United mates Commissioner A. V. Fitzwater. are C. Q.

Paxton. 36 years old. and B. R. Samples.

29. The superintendent was returning from Morjtantmvn Sunday when his car was waved down by Paxton in Clay county. "We've got a broken automobile, buddy." Paxton said. "Give us a tow Into Clay." The superintendent refused, but after offering to notify a garage to come and get the car. suggested that it might be fixed then He walked back to the automobile and then noticed that both men had been drinking.

A search revealed two pints of whiskey. The car was towed Into Clay and held as bond. The superintendent was accompanied by State Trooper Andrew Morgan of the Morgantown detachment, who was wearing a uniform at the time. REVIVED BY RASKOB Chairman Queries 1928 Campaign Contributors on Question OPINIONS ARE SOUGHT Yes and No Answers to Seven Propositions Asked by New Yorker BALLOONIST SATE THIEF IS SURPRISED IN COOK RESIDENCE State Schools Superintendent Finds Armed Intruder in Virginia Street Home William Casslus Cook, state superintendent of schools, and a burgler were both surprised, only Mr. Cook the.

more so. The burglar, however. l.csn't yet been questioned about It and police are still looking for htm. Mr. Cook said Monday that he had gone to a moving picture show Sunday night and.

on returning to his home at 1118 Virginia street, had noticed a light In his daughter's room. His daughter and his wife were out of town. "I thought there was a burglar," Mr. Cook said, "ro 1 lit the lights In the hull. He went down the back' stairs as I went up.

1 kept turn- Ing on lights and when I pushed the button In the dining room I heard somebody say. 1 stepped around Into the hall, turned on tho light tl.ere. and Just as 1 passed a swing- Ing door a young man stepped out and stuck a gun In tny stomach. feeling was most peculiar. He said If I spoke or moved he would Plug me.

When 1 showed him that 1 would behave he took me Into the living room and told me to stay them until after he had left. Then he backed to the door and ran Into the street." Mr. Cook was unarmed. As the youth, who wan about 22 years old. ran from the house Mr.

Cook telephoned police Tim Mr. Cook heard In the dining room convinced him. ho said. that the young man had a con- iederate. In his daughter's room Mr.

Cook found numerous articles of wearing apparel and Jewelry stacked on thu floor. Mr. Cook apparently ar- lived In time to surprl-e the thelves Just before they planned to leave the house "They didn't get anything." said Mr. Cook. "They left the stuff piled on the floor.

The companion ran out while the young man held mo up. funny thing was that the yuung man was embaras-ed too. because he didn't endeavor to take my r.ioney or my watch and seemed only Interested In getting out door." WASHINGTON, Nov. 23 (AP)-The Democratic national committee has been called to meet here January a to decide the time and place of the party convention In June. John J.

Itaskob, national chairman, dispatched the call by mall. The meeting will be at the Mayflower hotel, where the committee last March got together In the stormy session at which the leadership of Kaskob was challenged by southern attendants. WASHINGTON. Nov. 23 months spent in the background of party affairs, John .1.

Kaskub. chairman of the Democratic national committee, has come to the front again. bringing the prohibition Issue with him. Reaffirming Ills conviction that the next national convention of the party should declare frankly for submitting the prohibition Issue to the people. Kaskob has sent the ss.SSO contributor:) to tlta I Democratic campaign a ques- Uomi.ilrc asking what they i about It.

Yes or no answers were asked to seven propositions, while In an accompanying letter employed most persuasive argument for poslt'on declaration. Mules' HS Jsstic "I believe the time has come, he wrote, "for the Democratic party to face this Issue squarely, and to present to the people a i i I.Ian the policy of states' rights and local self-government." The was a follow-up to i presentation of the home-rule plan tor liquor control last March to the national committee. He evoked then a i outburst, particularly from southern leaders. many of whom felt a deliberate Injection 01 the i i i Issue, was a fine way to wreck the party's 1032 prospects. I seven questions sought to establish whethei tho oontrlbulora LIVESTOCK SPECIAL THROWN OFF RAILS Four Bodies Found and Three Men Unaccounted for, Say Officials MANY HORSES KILLED 'Million-Dollar" Train on Way to Chicago From Kansas City GEORGE VANIK CLEVELAND.

Nov. S3 mentioning an all-night struggle In a balloon against a terrific hllzzurd. the suffering of In- Juiles when It wrecked, anil a subsequent 48 liuurt, of hardship, George Vanlk. 25 yuan uld, missing Cleveland balloonist, today ho Is nt Dean Luke. Ontario.

Vanlk hail not been heard from xlnee lie ascended at Cleveland, at p. in. Thursday In a cubli--foot balloon. The word of hln arrival at Dean Lake was contained in a telegram to his mother. Airs.

Jennln V.inlk. The telHKniia said the balloon wan wrecked nciir Suiilte Ht. Canada. Friday morning, and that received a wrenched leu and hitilMcd shoulder In tho landing. Suffering from hlx he wan lost for tho next two davs and nights, but tlin message said he It.

"All O. K. now." EIGHT ARRESTED IN KILLING OF OFFICER Negroes Seized Following Constable's Companion Wounded f.ivored a i i platform declara- tlon on prohibition: whether they wished the platform to commit the cnnsresMlunal Democrats to a rcs- olutlon which get the clghl- ecnth a again before people; whether they fuvored home rule plan or Htralgbtout repeal, and whether they desired tluit NOV. l.ible was dead. his companion critically and i Negroes were arrest today i 'a shooting at Leslie near here yesterday.

Joe II. Myles. IS "Id, was shot to death anil Jack l.rown. rs years old. his companion.

hurt short Iv after they left a Negro dance where they attempted to quiet Chang Changes Mind The Associated Press Copyright TS1TS1HAK. Manchuria. Nov. S3 fAP)--A threat of civil strife at Harbin has temporarily balked the plan of setting up a pro-Japanese government here following the evacuation of General Mah Chan-Shan (Continued On Page Twelve) RIVEBS AND WEATHER Here's a hint that ue're anxious to drop: Buy some extras you -start shop. Then send them out to A poor home u-tierc you Fffl certain that Santa won't stop.

Monday wns another mid-summer dav with the temperature Increasing. The temperature touched ees on Sunday. Sun rises Knn sets Moon rises Max. Sunday S6 Mill. Sunday 7 a.

m. Monday 12:10 p. m. Monday 71 Itlier Stages' The Kanawha it 1C a a Falls. .2 or Tout, stationary: at Charlestiili, 7 feet, pool.

The New at Hlnton. i.2 feet, stationary; at itadford. I.I feet. rising. The Ohio at Hnntliigton.

7.2 feet, pool: at Cincinnati. 12.4 feet, pool; at Pittsburgh. 11 feet. pool. Hoat Alnicliieiils The Htaiinum.

dam 11. a. the Katherlne. dam 11. 5:40 u.

l.oth down the river: up. the Suther- i dam 11. 7:30 the Lane, a. and the McHrlde, dam 6. 3:13 a.

m. BUSINESS SITUATION FESS Upturn Would Assure Hoover's Election. He Thinks NOV. 33 (AP). Senator Simeon V.

Fess. Ohio, said here last night that "If there is the slightest upturn of business and I think there will bo the reelection of President Hoover Is assured." In an Interview before he addressed Lancaster Y. M. C. Kess asserted: "The reelection of President Hoover depends largely upon our ability to get before the American people tho great work he Is doing In this crlslb that is enveloping the world.

If we are able to do this. President Hoover and his friends. have little to fear la the way ot opposition." In his address ho attacked the dole, advocated a two-year instead nf a one-year moratorium on war debts and said he believed the crisis In tho economic situation has passed. PARENTS AND THEEE CHILDEEN ABE DEAD Gas or Exhaustion of Oxygen is Blamed KOSTON. Nov.

S3 Mr. and i William K. Uoodalu ami their three young child! en wero fi.und dead today In their Dorchester home. Neighbors had not seen any of the Gooilnlen since last Friday, and police Investigated the theory that their deaths were accidental. caused by gas or exhaustion of oxygen In the house.

JAEEETTJESIGNS Successor to Assistant City Manager Not Yet Named Clyde Jarrett, who JIH- i a city nt.iir.scr umlor th WortK mui i reMxnetl Monday. In a Matnmcnt Mavor inld: I ai rU PI! at my of flco Monday I found that Clylc Jarrr-rt had hli resignation, which was prompt I No i n.i.^on wai ni.iyor s'lld a ct'Mhor had nut all amendments to the constitution bo submitted to popular rather than the state legislatures. KaNkuh'x action -drew .111 attack today from the national board of strategy. Kvluliil A statement the board, of which I I C. Dlnwlddie Is executive secretary, said "wet i i aires" were bringing pressure to bear to have both parties make their platforms wet "by a i to withhold ilon.itlons In the lD3i fight." "Their aim Is to shift HIM burden of taxation truni themselves to the people by restoring liquors to legal sale." It said.

"This lEankob poll of party contributors plays upon money givers and exalts them as the real party force." The statement of the board called poll letter "a lawyer's brief against prohibition," and said. "The combine may dictate the next nominee of the Democr.ulc party, but thin combine will never name the next President of the United States. No Smith proxy candidate will be acceptable to dry. or Independent, voters of the nation, who. despite lavishly- financed wet propaganda, still constitute an overwhelming majority." Kaskob's seven specific questions fellow: Do you recommend that thu Democratic platform should avoid all evasion and bo a short, concise declaration of the party's determination to restore our liberties and the spirit of the constitution.

through recognizing states' rights' home rule; tho need of decentralization at Washington: tho cutting of riotous a i a expenditures, with relief from excessive a a i Popular You- Suggested Do you recommend that the Democratic platform-should commit all Democratic members of the United Slates senate and house of representatives to vote In favor of resolution that will submit the ptohlbltlon i (eighteenth amendment) to tho people of the United States for their Individual consideration and decision? 3. Do you recommend that the revelrv. Tom J.ic K.IOII. Negro, was in the Greenbrier enmity J.ill at Low Islmri; charged i murder, and lieorge Itanks. Negro, was In tho I.ewlsbuig Jjill.

belli as an accessory. I-'our men and two women were held In the Jnll hero as material witnesses. State police said a short i fore the Mylcs Jackson on it cbaive ot ness but i on bis recognizance pending disposition of cise. Myles and Urown went to the dance to quiet the revelry. police said.

In the meantime. ti copers said, Jackson obtained it shotgun ami soon the ion- stable and his companion left the dance they were shot. At a hospital here physicians said Ki own's chances for recovery were alight. Myles In bv his mother: i and eight children, Tip. Mary, Margaret.

.1. Helen and Virginia. He also survived by and sister. Dr. W.

Myles. of White Sulphur. T. A. Myles.

assistant prosecuting attorney of Kayette county. George of F.ivette- vllle, John Myles. of Sewell mountain, and Leslie Hums, of Crawlcy. The a -ervlces were to be held afternoon at o'clock at the old home on Sewell a i charge of the Masonic lodge, of which Myles was member. LEXINGTON.

Nov. 23 (AP). --Derailment of speeding special a i has carried death to possibly seven men and at least a dozen members of an equine aristocracy throughout the show ring's ol tho nation. The no-car "million-dollar" train, hurrying horses and other animals from the American Royal livestock show at Kansas City to the International Livestock exposition In Chicago, piled up on Missouri Pacific track near Lexington yesterday. Officials blamed a spreading rail on a roadbed weakened by recent rains.

Four bodies were removed from the wreckage of the 24 cars that left the track. Missouri Pacific otflclals said three men were not accounted for. Coroner Kdmond Llssack of La- county said two of the victims had been I i i as Alvle Hubb. Kansas. an a a for the stable of Ernlll Philip Schan- deln of Milwaukee.

and Jacob K'rlcder, 30 years old. Delaware. also all a a A third victim was said to have been attached to the service of Aiary Hells Llewellyn. Klver Forest, ill. U.

A. Smith, who said he was stealing a ride on the train. Identified the man as his traveling companion. A. Davis, an assistant undertaker, "ti Id early tcidav the cms probably contained 15 dead Women Heavy Losers A A CITY.

Nov. 23 A -U cvhlhltors sllCfeled a through the hiss of their stable faiurltes In the i of tho ORDERS LANDLORD PAY LIQUOR FINE OF TENANT Property Owner in Case Held Liable by Judge McClinttc- Ira L. Cavender Arrested Following Report of Intimidation of Government Witnesses Expressing an opinion that landowners who permit their property to be used for liquor a i arc liable under the national prohibition law, Federal Judge George McClintic on Monday directed the district attorney to proieed against a landowner for the collection of a fine imposed upon a de- lendant who also had received a prison sentence. This action W.IM ordered by thd court following the conviction of a federal court Jury of Earl S. Bullev.

Z4 yearn old. ot Davis creek, on an Indictment charging the transportation of seven gallons of liquor. Bailey testified that he lived upon property owned by the Quince DAVIS REFERRED TO IN EVIDENCE HEARD BY LOBBY PROBERS Sugar JTead is Said to Havfl Ordered $10,000 Sent i to Senator Jones company and did not pay any Bailey to serve three fl "nd vcjy lively young turkey. The bird was presented by the Berkeley county. West Virginia.

Turkey Growers association, represented by Mrs. K. C. Taft and Thomas L. Hlmclrlght.

of Mar- tlnsbtirg. Tho 30-pound turkey stood patiently outside the White House ofllceB while photographers pictured It with the hand of Lawrence Rlchey. one of the President's secretaries, resting lightly on Its head. "million dollar Hit-stock special" at Lexington. Mo.

One of tho foremost stables rep- lesented at the lioviil, a of IJKInn.i farms. Lexington. did not have horses on the train. rent. Sentencing years In the Chllllcothc federal Industrial reformatory and Imposing a fine, the Judge told assistant district attorneys In tl courtroom "to go alter landowners keep such people on their lands and make them pay fines.

In my opinion, they aro liable under the law. and 1 want the fine of J500 collected Irani those who owned this land to teach them something." Upon Inquiry of the court, the government's counsel were advised that Bailey had lived upon the land of the "Quince Jones company." Cavpnilcr Arrpstwl Ira L. Ciitemler. 3.1 years old. of 117 Jtoi-s street, under Indictment In the federal court on charges of selling five gallons of liquor and indicted with Armstrong.

37 years old. also of IJoss street, for the, possession of i i paid llciuor. was arrested Monday morning on a capias taned by the court. Cnvcn. del hud been on bond awaiting trial on tho charges.

Assistant district attorneys said that a capias for Cuvetuler's arrest Has requested of the court following reports a government witnesses against him In the liquor cases had been Intimidated and a The government attorneys raid thai tliev had Information a witness had been told a If Cavender were convicted In the federal court, be would take an appeal which would permit him to (line his liberty for at least another HI months and that he then "make It hot" for those who TURKEY.GIVEN HOOVER BY WEST VIRGINIANS WASHINGTON. Nov. 23 CAP). --Thanksgiving came to the White House today In the form of a very NOT SHOWN ON BOOKS Committee Investigator i Put on Stand INFORMANT IS NAMED Ex-Official of Company Given as Source I MEW INDICTMENTS IN HARM CASES Original Charges Quashed on State's Motion; Ten Men are Accused EAILWAY HEADS AND UNIONS DEADLOCKED Workers View Pay Cut as Not Being Necessary I Nov. :,1 and the railroad workers, a four dnys' discussion of proponed ID per cent unge cut, i right back today where they stalled.

The union raiho.iilci throng)! i spokesman, 11. rt-im. a i a nf a Labor Executives' association, I i i i the railroad presidents a they did not consider the pay cut Daniel a i pii'sldcnt of lialtllnurc and Ohio, and a a nf special i of ralhoad pi csldcnts. Insisted at the end of the discussions a i had been produced to change i iiptnlnii tb.it a pav reduction was "linpeia- tlve." M.MlftMCK Tfl STAM VIENNA. Nov.

23 A Pressure from his cabinet and an orflr-lnl warning that Mtern mcnHiirea would not be popular with the Hoimianlnn people hiivu forced King Carol to give tip Intent to force an annulment of the niarrlagis of his brother, Prince and Mine. Jana Lucia DelptJ. according to dispatches from Uuclmre.st received here. COLONEL LINDBERGH LEAVES AIR CLIPPER A A I A Colombia. Nov.

23 A I American Clipper, giant Pan American airways seaplane, has successfully completed maiden commercial voyage across the Caribbean from lo Cristobal. Canal rone. Dropping Its pilot. Colonel Charles A. Lindbergh.

to a to aviation business here, the big plane was flown over the hist lej: of Its journey yesterday by Pilot linsll Howe. Colonel Lindbergh will rejoin the aircraft on Its i flight to i a i appeared against him. The court nt noon Monthly said a upon the statement of The as- slstunt district attorneys Cavender be held In the custody of the States marshal i his case was called. Cavender's case on the trial docket Monday but It WHS not known when It would be reached. Two dry law cases were tried before Juries Monday in federal court and a i Jury was hearing testimony at the afternoon session of court.

HI-IK Tlinii-Ycar Nenirm-e In thu IloJIey case, Cecil E. El- of U27 CVesccnt road. Indicted Jointly on the transportation of liquor charge, pleaded guilty. His -ase was a under advisement i April IS. Federal prohibition agents testified a tliev had arrested IJalley and Elklna In an automobile, i flvi.

gallium of liquor In the rear of the car and two gallons In the front under llalley's feet. The arrest was made In the South I Mils last October Elklns testified a had helped i place the liquor In the automobile, lialley denied ownership of the liquor and a he had made a contract i a dry agent for the delivery of liquor. On crass-evamlna- tlon, Hlklna a i that he had i i at a a he.irlng tli.it he owned the seven gallons of llqnor. Federal prohibition agents who arrested Elklns and Bailey testified that, they confiscated a 60-gallon still, five gallons of liquor and 200 gallons of mash about loo yards from Hal ley's residence. Trial of the case required 2S minutes.

The Jury returned the guilty verdict agalnsl n.illey In 13 minutes. Tho court remarked that there was no question about Ualley's guilt from the evidence In the case and told the defendant that "the Jury has returned a verdict of guilty HAS WASHINGTON, Nov. A Secretary Doak has recovered fio'rn a Severe cold that kept him In bed for several days and Is hack nt Ills desk r.galn. EAST BASKING IN WARMTH AS WEST IS FIGHTING BLIZZARDS Democratic platform declare In favor MRS. HARADER GETS HEARING ON SANITY KINGWOOD.

Nov. A I To Mrs. Hvelyn Harailer. Indicted on a murder rhiwge In the slaying ot Cecil Mills pontmastcr. was granted an Insanity hearing by Circuit Judge A.

C. Hughes today. Judge Hughes set November 3(1 as the date when a Jury will hear arguments as jo whether Mrs. Hnrader la insane now. of requiring that all amend ments to the constitution bo ratified by the people themselves through conventions of the people In each state and not permit ratification through state legislatures In This action will Insure a national of the people themselves on all a before they can become part of the.

consti- i 4. Do you recommend that tho Democratic platform commit the Democratic members of tho United States senate and house of representatives to vote In favor of a proposal which will give the peopjo themselves through conventions of tho people In each state opportunity to vote on a new constitutional a which In effect modifies the i amendment through the adoption of the "home rule plan for liquor control?" Itepcal Do I I i a Democratic platform commit the Democratic members nf the senate anil hou.se of representatives to voto In favor of a proposal which will give the people themselves, through comenllfMis of the people In each state opportunity to witn on the question of straight repeal of tho eighteenth amend men 6. Do you prefer a the Democratic platform commit the Dcruo- (Contlniieil On Page Twelve) Dandelions are Blooming; and New Yorkers Co Swimming in Hudson; Second Fruit Crop Being Harvested Around Cleveland; New Season Highs llv Tln I Kasterncrs left topcoats In today and basked In record warmtl While they read about a hllzzan sweeping some parts of the West. Dandelions bloomed, New York ers went swimming In the Hudson and Jobless blessed weather mai as the I i a summer mercuri rocketed to late November highs li many communities from Chicago the A a i seaboard. Worcester.

a up at noon to shatter tho November record: In Uoston tho record was smashed for the third day In a row. from balmy Rochester, N. en int. the report that an average of 82 for thu first 23 days of the month broke a 19-year-old record by 6 points. Chicago, yet to see frost or snow, prepared for "Mi-degree record tli afternoon.

Around Cleveland a second i crop was being harvested and flowers Columbus, Ohio, with a 71. set a recmd. Washington was warm, and the elements' balm extended i i i lunch of the South to New Ol leans. Vlrglnf.i reported temperatures running is degrees above normal. Spotted Weather Map KANSAS CITY, Nov.

S3 rain, fog and sunshine dotted tho United States a map tod'iy i elements of i i i almig the tains from Canada to the border. i i of i Roe.l:le« wcro digging out Iriim thu de- posit of a week-end t'lo plains to the ISnst wei by heavy rains ami fug. The A a i and southern states temperafire.i. A general rise In temperatures In a a i a provinces i Indica- i of for a a and Wyoming which lay snow a i Ing In from a font lit two Inches. The lowest official reading I degrees bel.i'i i at Hai re, Mont.

Two a to the us It iiinve-d e.iM-.v.inl Into Minnesota and southwani into Colorado, Western Kansas, New Mexico and Arizona. a i.nlroad worker, wan kllle I N. AI picked Up a high volt- icc wlro snapped l.y tl.o snow. i-'rcter. N.

A II. lulus, I. 1 ye'irs old, frozo to tlea 1. Low tempera lues and clear al.les j.revalleii In gen-rj! apmg the Pa- ctlji, coast. Icnipera- I u-ern In sUI-i lor a a i a i a a i ximiilce puts In i I a ni i a i caused of air and "iail pi me Kansas City.

a air land a In a area of Chicago is Die a i a The teinper.it.in- III New Y.irU clly Tit. on lecord N'ovember In ll'i South, sunshine tin. mereiirv 71 de'-rcei at i Tenn I 7 i A i i A IS. against you and correctly so." The Judge denied a plea of defense collll- s'el for leniency, saying that the thiee-vear sentence to Chllllcothe was "lUht." Waymaii Thomas, a Negro, of DeWItt, Kayette county, was the second person to go on trial. He was charged with the possession and snlo of one quart of liquor.

Virgil L. Sheen, asent-ln-charge of tin; I a federal prohibition enforcement unit, told the Jury that hu had purchased a quart of liquor trom Thomas at DeWItt on last 9. llclllKTiifc Minnies Thomas testified a he was not at DeWItt on July 9. having left tor North Carolina on 5 nnd not i i 13. Thomas said a he to North Carolina to "see a doctor who could cme the asthma." Hu told the court that the doctor was "I Hi years old" and that he could not persuade him to cnnie to court.

Thomas said that a number of persons at DeWItt that he had gone to North Carolina, but he failed to produce any witnesses In court. Tilting of testimony In the case required minutes tin- Jnrv returned a guilty vet diet In 11 minutes. Judge McOllntlc sentenced Thomas to serve In the Wavnc county Jail, a commenting that the Jurv's verdict had been a cor- lect Uniting. Testimony was In progress before a Jury atternoon In the case of Chrlsllp White. 19 years old.

rnd Clifford Frledley. 17 years old. both of Cedar (Trove. They arc charged i possessing and transporting one a of llqnor. State Trooper Dallas Wilfong.

of Canm-llon, and Ij. Pennlngton. of Cedar CSrove. a former state dry agent, were the ernnient's witnesses. Sehvvn Kvans.

3:1 years old, of Kermlt. county. pleaded guilty lo an Indictment charging Illicit i i i of llqin.r. He admitted to judge a he had been a i liquor ''nft and on lor two or three years." He was sentenced to serve two years In the Atlanta penitentiary. a i Pauley, ot Two- i pleaded i to possessing one gallon ol liquor and was fined i I Dodd nnd I.I.i.Id.

of Lens creek, pleaded guilty to possessing a paid llqnor. Their a advisement MOUNT STERLING. Nov. 23 Harlan county miners, mine union officials and former Evarts officers were Indicted here today by a Montgomery county grand Jury on charges of murder and conspiracy after murder Indictments returned against them by a Harlan counts' grand Jury hud been quashed. Four uf the 10 neru accused also of aiding and abetting.

The action was the first maneuver In tho legal battlx between the commonwealth and the defense In trials on Harlan county Indictments which hud been for today and was over objections of the defense. The cases were transferred here on change of venue. Those named on murder and conspiracy counts In tho now indictments are: W. M. Hljjhtower.

president of the local miners' union at Evarth; W. B. Jones, secretary of the Hiuiitt. organization: Asa Culalck, former chief of pollco al Evarts: his former abslstant. Al Benson, and Jim JJitynolds, Floyd Murphy.

F. M. Uratcht-r. IJII1 Turpln, i Hud- kon. ami Oito Mills, miners.

Threw Men Killed In addition, HlBhtowcr. Jones, Cuislck and Ilcnson were accused of aiding and abetting. All thu charges were based on the killings of deputy sheriffs James Daniels and Otto Lee, and Howard Jones, a commissary clerk. In a battle near Evarts last May G. It was this, battle that brought more than 300 national guard troops into the Hurlan coal fields to restore order.

The new Indictments were returned shoitly after thu original ones had been quashed on motion of the counsel. A Montgomery county grand Jury, a completing Its work some time aso, was In recess status and Was WASHINGTON, Nov. 23 senate lobby committee received testimony today that B. G. Dabl.

berg, head of several sugar panics, had ordered $10,000 sent to Senator Davis, Republican, Pennsylvania, but records of the company; showed no such payment. John Holland, the committee's In. vcstlgiitor. named 8. S.

EvelamJ. former vice president 'of one of Dahlberg's companies, as said ho heard Dahlberg order 000 sent to Davis. The committee called Holland In Its Inquiry into charges that a senator received $100,000 from a sugar company while the Hawley-Smoot tariff bill was before congress. Banks Examined Holland took the stand the commltteo met to complete the Inquiry demanded by Senator Dtivls. Holland has spent months on bonks, of the Cclotcx company and nf- tlllated concerns, and conferrlnr with olTlcers of tho organizations.

uhen the lobby committee drat undertook the Inquiry, Senator -via voluntarily appeared and testified that the charges wero "a contemptible lie." if aimed at him. Holland testified he called on Kvelnnd, who. he said, was reported to have some information that had ordered 110.000 sent to Senator Davis. Evelarid said he had heard Dahl- bcrg talk to Davis by telephone and later Instruct his secretary, J. Johnson, to telephone Chicago and have tho money sent to senator.

Holland said the senate campaign expenditures committee had Inquired into Kveland's charges. Eveland said Johnson, testifying that committee, had denied the allegations. Looking over the books. Holland said ho found that both Senator Davis and Senator Watson, Indiana. tho republican leader, were stockholders of the Southern Sugar com- e' one of the Dahlberg com- No Hceord Found 'Did you tlnd any record of any rcr fuiljs7 nske Senator Holland had not.

Senator Walsh. Democrat. Montana. pressed Holland for any information Indicating "lobbying activities by Senator Davis." was a a the reassembled to consider the Indlct- munts. Thu new Indictments contain threo murder and conspiracy counUi each against all tho defendants named and three aiding and abetting counts against Hlghtower, Jones.

Culsick and Benson. Trial uf the first case was expected to be delayed a few hours by the switching of indictments. Attorneys for the commonwealth said the original Indictments were In several Instances returned Individually or In small groups and that one of the purposes of the new Indictments was to bring them all under a blanket Instrument. Legality of the Harlan indictments has been attacked several times in Harlan county. Onco the defense moved for dismissal of tho Harlan actions, basing Its motion on a claim that the jury wheel from which members of the Indicting grand jury wero chosen was not kept in Its proper place In the courthouse.

Defense Attorney Included among tho defense counsel worn Ben it Golden of Plne- vllle, representing the general defense committee Chicago, legal arm of the I. W. James Price. I. W.

W. representative In the coal fields: former United States Senator John M. Kohlnsnn nf Barbnursvtllo and W. 11. White of Mt.

Sterling. Former Goveinor James D. Hlack of Kentucky whose name had been announced us among defense attorneys, did not aprear today and It wan understood a previous engagement might prevent his taking part. It was Golden who headed the defense last week hero of William Uur- nett. a Harlan county minor, acquitted by a Jury ot a charga of having fatally shot Dejmti 1 sheriff Josso Paco In another coil field disorder last April.

Tho task of prosecuting the 10 men fell on tlm shoulders of commonwealth Attorney W. C. Hamilton, assisted by II. L. Pope of KnoxvlUe, known throughout Kentucky ami Te-itifssee as a criminal lawyer: F.

II. Jones. Harlan: J. R. I a and Iteld Prnwltt.

Mt. Judge 1J. Ptewltt was presiding. Financial assistance given defense, by the gencr il defonso comm and the United Mine Workers of America. Attorne.is fur both have, admitted that i and the I.

W. W. probably will tlguro i In tho trials. Moro than 125 witnesses havo been summoned altogether. Last night the Inflow of witnesses and iiilnei-H was begun, more than member of the cabinet when Hawley-Smoot tariff bill waa before congress.

Holland said he found a report' to DahlberK from Ma personal repre- repr Dan C. sentatlvt. In Washington, Goodwin, stating he had interviewed members of tho senate and cabinet regarding the tariff bill. The report mentioned seeing Davla. There followed some testimony on stock Iran-actions by the Pennsyl- vnnlnn In which he profited.

Holland said E. Roberta, eec- 6 1 0 Dah corporation. told him that while Davli made a profit. "It was not exactly a case of Cor -at 0 belnff a phllanthro- Whllo the paper profit of the transaction mentioned was 116,875. Davis and the company each got WILL NOT COMMENT ON TDILT'S LETTER Osborn Says Matter is Closed and No Reply is Planned Superintendent R.

L. Osborn ol the Rtnte department of public safety. Monday declined to make any comment on a charge made by Justice of the Peace W. A. Tully that some of the state troopers are- accepting Illegal fees from several magistrates.

"Tho matter Is closed." the super- ntendent said, "and I will not reply to Mr. Tully's letter." Tho controversy was disowned Saturday when Mr. Tully made public letter ho hnd written to the superintendent mnkln the charge against the troopers and one which Mr. Osborn had written to Prosecuting Attorney J. Blackburn Wuttn several months ago.

complaining of action In a drunken Mr. Tally's driving cane. MIOl-I'KRK AND RVTP.R8 ftiyle Drimrlmrnt ItlclinrdKun Store J. l.erln Brim t.HcUri olirrlnn's The Simp The Vogue Rradr-tn-Ww hundred wending their over HIM Cumberland a i from thu coal fields I this community. WiHiilriim'n Vlrglnlnn tlreenhrUT Aiqmlueldnti Clectrlc Power Co.

l.uckr Strike Clciri'lU's C'aillfl ClgHretteil t'ntomnc TulephonB 'Jewelry'' i. 1 lalte I.nmulry Co. eii.ui Palmer Shoe I feclinevr's Jewelry Co. It 2, 7 It It NEWSPAPER! iWSPAPERI.