Battle Creek Enquirer from Battle Creek, Michigan • Page 1

AVERAGE NET PAID CIR- CULATION FOR AUGUST 14,033 VE "NiNG NEW; SUBURBAN AND 4507 CITY 9526 THE EVENING NEWS. EstabliFhed May 1911 I BATTLE CREEK, MICHIGAN, SATURDAY, SEPTEMBER 28, 1929-CITY EDITION PRICE THREE CENTS ENQUIRER. Est. July 21. 1SS5.

Vol. XXXIV. Nn. ill CHARTER MEMBER AUDIT BUREAU OF CIRCULATIONS The circulation of the Enquirer and News has been audited and apr oved for over 15 years. THE TROPICAL STORM CHANGES ITS COURSE.

THRASHING GALE Armless Woman Pilot Killed When Obsolete Plane Crashes LOCAL BANK TIED INTO HUGE GROUP OF INSTITUTIONS THREE-DAY RADIO SHOW IS IMPETUS FOR LOCAL TRADE The craft had a shoulder-high control stick arrangement by which Miss Callaghan. usin? th stnhe nf 1922 HURRICANE TOLL A (ALL FIGURES APPROXIMATE) SEPT. 12 TO 20 KLOkIDA (FROM FORT LAUDERDALE TO WEST PALM BEACH): KILLED, 50,000,000 DAMAGE. tSWSWA KIMOerGVMliaVPt: 660 KILLEO.f 5,000,000 DAMA6E JSV'i-L BAHAMAS: 1.000,000 OAMA6E 50 beach Porto 200 killed. 25.000,000 LEEWARD ISLANDS: K.ILLED,$500.0OODAKA6l OPlTd HOPS.

7QWM I HIGHEST VELOCITY, ISO Ml. PER )j PATH IOO MILES WiC? E7 LAUOERDALE if Jti. I NASSAU yST 1926 TOLL CV SEPT. IS TO 26 FLORIDA EAST COAST: 372 Nsi a a $10,000,000 zz HAVANA A Changing its course after a destructive visit to the Bahamas, where 20 lives were lost and enormous damage caused, the tropical hurricane thrashed its way through the Florida strait today, touching both the southern tip of Florida and northern Cuba. The arrow points its direction, while the shaded portion of the map shows the route it was first expected to take.

FLDRIDA AT SOUTHERN TIP Wind of Near Hurricane In tensity Passing Through I Keys Below Miami. BAHAMAS SUFFER WORST; Twenty Lives Lost and Enor- mous Property Damage Reported by Nassau. By the Associated Press) 1 Gales 'of near hurricane intensity thrashed southeast Florida, today as weather observers traced the progress of a West Indian hurricane toward Florida keys, with its center soAth of Miami. Conditions at Nassau, Bahama Islands, where 20 lives were lost, were unreported since Friday night. Storm Moves Westward Predictions that the hurricane would move westward across the Florida peninsula straits was made by United States Weather Observer R.

W. Gray at Miami, whose observations indicated that gale winds and torrential rains which struck the northern part of the hurricane-warned section between Miami and Key West this morning abate this afternoon. The passage of the hurricane over Florida straits also was predicted by weather observers at Key West and at Havana. Key West had a shifting sixty-mile wind and a falling barometer, which recorded 20.36 at 10-30 o'clock. TWENTY PERSONS DIES DURING BAHAMA STORM Enormous Property Damage Reported When Communication Is Restored with Nassau: Virtually AH Craft in Harbor Wrecked.

Nassau, Bahama Islands, Sept. 28. i.P) With 20 deaths and enormous property damage reported in b. severe tropical hurricane that kept this Bahaman Island capital isolated from outside communications for 48 hours, colonial government officials today were completing an in ventory of the wrath of the storm that passed slowly on a southwesterly route in the direction of theFlorida gashing the city at velocity estimated by weather bureau officials to have been 100 miles an hour of more, the high winds wrecked virtually all craft In the harbor, broke (Continued on Page 5. Col.

6) Her Own Child and Neighbor's Slashed to Death; Mother Surrenders. Worcester, Sept. 28. VP) Throwing a sharp bread knife on the desk of Sergeant Thomas J. Kelliher.

at the police station this afternoon, Mrs. Anna Kandart. 37, calmly announced: "I have just killed two children." The victims were Mrs. Kandart's four-year-old daughter Ellen, and Julia Chipulonis. aaed three years, daughter of a neighbor.

The Chipulonis child had five One of the cuts across the ihroat had severed the jugular tein. The woman's daughter had a deep slash in the throat. Another daughter of Mrs. Ken-dart, Mamie, aged 6. was attacked but escaped with slight wounds.

RAILWAY'S TOLL ROAD PROPOSAL IS DELAYED differences Cannot Be Settled in Time to Submit to Voters In November. Detroit, Sept. 28. Clarence E. Wilcox, corporation counsel, has announced that the proposed ordinance enabling the Grand Trunk railway to build elevated motor toll roads over its tracks from Detroit to Pontiac will not go to the voters on the November ballot.

Insufficient time to settle differences between the city and the railroad was given by Wilcox as reason for the holding up of the project. Negotiations are not ended but will be continued and the proposition may come up for a vote next Spring, he said. Among the differences are: The matter of a grade separation agreement between the city and the railroad: disposal of the Grand Trunk's water front property; the matter of allowing D. S. R.

buses to operate on the highway without a toll fee or at a nominal sum; electrification of thcvrailroad from Jefferson avenue to jljght-Mile road; and the the city retaining the right to buy the toll road at a stipulated mm after a certain period of years. WRECK HURTS SCORE Clay Center, Kansas. Sept. 28. VP) A score of persons were injured, none seriously, when Rock Island passenger train number 224, southbound from Omaha, was derailed four miles north of here Friday.

STB RES Abilene, Sept. 28. VP) An armless, unlicensed woman pilot, who, though her vision was defective, had mastered flying to the satisfaction of an instructor and considered It easier than horseback riding or automobile driving, was killed Friday In the crash of her obsolete plans near here. Miss Josephine Callaghan, 40-year-old wealthy Encino, rancher, was the victim. The ship went into a nose dive, plunged down onto a cotton field and was smashed.

She was flying alone the explanation of the mishap presumably never will be known. RITflIN WISHES ENVOY OF PEACE SUCCESS IN U.S. Premier MacDonald Sails into West with Godspeed Ringing in His Ears. SAILING ON BERENGARIA S. S.

Berengaria, Sept. 28. VP) Ramsay McDonald, prime minister of Great Britain, sailed into the west from Southampton this morning on a mission of peace and goodwill, His physical destination is Washington. His spiritual goal is the achievement of a unity between the two great English-speaking peoples which might lay the foundation for a really universal era of peace and good will among all the nations of the earth. MacDonald's barque is the palatial Berengaria, formerly the liner Imperator upon which the British messenger of peace occupies the imperial suite originally intended for the use of the war lord who is in exile at Doom.

Rest Aboard Liner The prime minister, his daughter Ishbel, and his official party spent restful hours aboard the liner after being the center of farewell demonstrations in London and again in Southampton. The Berengaria Is due in New York next Friday. "I am off in the hope of being able to do something to narrow the Atlantic," Mr. MacDonald said. It was a great day in London, where arrivals and departures of notable missions and royal envoys are not usual.

But rarely has the (Continued on Page 4, Col. 5) NINE GALLOON RACERS STARTING TIME First to Take Off frm St. Louis at 5 o'Clock (Battle Creek Time). St. Louis.

Sept. 28. OP) Beginning their ascensions at 4 o'clock (C. S. this afternoon, nine pilots will carry the flags of six nations into the air here for the third trophy offered to the winner of the Gordon Bennett international balloon race.

It is the 18th competition and the third to start from St. Lous. Fair weather forecasts will be augmented for the pilots by a special U. S. weather bureau at the field on South Broadway where accommodations for 40.000 spectators have been made.

In addition. Scott Field. 111., the army lighter-than-air base, will bulletin hourly reports after the bags leave, through KMOX, local radio station. Soldiers from the field laid out and rigged the balloons Friday and began pouring in the 80.000 cubic feet of coal gas, which each bag will hold, at 7 o'clock this morning. DRIVER ESCAPES INJURY WHEN AUTO TURNS OVER Ford Sedan Upset and Badly Smashed in Collision at Clark And Michigan Avenue.

A Ford sedan driven by L. M. Pickett, 90 Rook court, was badly smashed up and tipped over on East Michigan avenue at Clark street about 9:45 this morning without injury to the driver. The automobile, turning into Clark street, was struck from behind by a Buick sedan driven by Arthur Drefenbuck, 919 Tenth, Port Huron. The bumper was torn off the Buick and various other damage resulted to that car.

Mr. Drefenbuck also escaped injury. The colice ambulance was called but was not needed. Traffic con gested at the DOint. because the cars were blocking part of the street.

Pickett told officers that his rear warning light was working so he did not stick out his hand. DAYLIGHT SAVING TIME TO END IN EAST SUNDAY New York, Sept. 28. W) Day light saving time, which has been in effect during the summer in this and hundreds of other cities in the country, will end at 2 a. m.

Sunday, with a return to standard time. Under daylight saving time pieces have been an hour -fast since April 23. Most persons will set their clocks an tour back as they go to bed. I her arms, could manipulate it. She made loops in her first solo flight, according to unaries F.

Dycer, her former instructor. Miss Callaghan left the Dycer airport at Los Angeles five days ago for Washington, D. C. It was Dycer who explained that Miss Callahan, proficient horsewoman and motor car driver, had felt that flying was the least difficult of the three sports. She was denied a license, a letter from the commerce department's aeronautics chief revealed, because of her lack of arms and poor eyesight.

Sexes Battling To Get Hold on Vacant Regency Lansing, Sept. 28. VP) The battle of the sexes may well be applied as a descriptive term applicable to the campaign now being carried on for the appointment of a regent of the University of Michigan to succeed Benjamin S. Hanchett, of Grand Rapids. For the first time In the history of the institution there is a serious possibility that a woman may take her place on the board of regents.

Governor Green has been approached by women of the state on other occasions for representation on the board, but they have never before advanced their claims to obtain the degree of consideration that the executive now is giving them. While women are pushing their own candidate, men are opposing the selection of a woman for the post. A member of the board already has asked the governor to appoint a successful attorney in view- of the expiration this year of the term of Victor M. Gore, of Benton Harbor. The governor's choice, whoever the person may be, is expected to wield an influence for definite action regarding the status of the university presidency.

The executive Is not satisfied with the indefinite manner in which the board designated Dr. Alexander G. Ruthven as president, he has indicated. IS OF Youthful Radio Instructor's Plea of Insanity Disregarded by Jury. White Plains, N.

Sept. 28. IP) Unable to convince a jury that his mind had been buffeted into irresponsibility by an emotional storm when he killed his wife. Earl F. Peacox stood convicted today of murder in the second degreee.

His story was that when his wife spoke sarcastically of his apartment as a dump and slapped mm in the face on the first, anniversary of what she once referred to in a letter as their make-believe marriage, "everything w-ent black," and he regained his senses to find her lying dead at his feet. They apparently went into the Jury room with their minds all made up about the insanity angle of the case, because on none of the four ballots was there a. single vote for turning the 21-year-old radio instructor free. They took more than six hours to decide the degree of his guilt, finally compromising on second degree murder. on which he was immediately given the mandatory sentence of a 20-year to life-term in prison.

BAY CITY MAN GUiLTY OF MISUSING U. S. MAIL Warren M. Piggott, Former Furniture Dealer, Given 10-Year Sentence. Bay City, Sept.

28. VP) Convicted of a charge of using the mails to defraud. Warren M. Pig-gott, former Bay City furniture dealer, Friday night was sentenced to 10 years in the federal penitentiary at Leavenworth, by Judge Arthur J. Tuttle.

The jury returned a verdict of guilty on all of the 13 counts on which Piggott was held. Judge Tuttle imposed the sentence in two consecutive terms of five years each to forestall, he said, any possible miscarriage of justice. Bail for Piggott was set at $50,000 pending an appeal. William A. Col lins, defense attorney, said the de fense had hones of meeting the bond.

TWENTY-SECOND DEATH FOLLOWS DETROIT FIRE Detroit, Sept. 28. VP) The twenty-second death from the fire which a week ago swept the Study club, popular Detroit cabaret, was reported Friday evening. The latest victim was Pauline Hunt, 23, an entertainer. She died in St.

Mary's hospital from injuries suffered when trampled in the panic which followed the fire. GETS BIG BASS L. J. Montgomery caught a five-pound, four-ounce bass at Gilkey lake yesterday while using a live minnow as bait. Mr.

Montgomery and Victor H. Bramble caught their limiL Guy E. Crane, President 01 Dealers' Association, Anticipates Great Results. ANNUAL BALL IS CLIMAX Galaxy of Entertainers Heard In Concluding Program Given by WK3P. Battle Creek's first annual radio ball at the Elks temDle Friday nirrhr windup of radio week and the seventh annual radio show, drew a large attendance and proved a most successful consummation or the week.

The Croslev Rvrmiwtm T)m. Watkins' well known orchestra, furnished the music for the ball, and the special radio program of WKBP was broadcast from the dance auditorium. In addition who attended the ball, thousands more in their homes heard this program and listened in on the dance music, also broadcast over WKBP. Thousands Entertained Throughout the three davs the Radio show, Wednesday, Thursday and Friday, the 15 dealers in th Battle Creek Radio Dealers' associa tion sponsoring the Radio show entertained many thousands of nres- ent and prospective radio users in their various stores and shops. Radio fans heard countless lovely programs as received in the radio shops (Continued on Page 7, Col.

3) frenchIrIcelost in siberian silence Coste and Companion Unreported Since Passing Over Germany Friday. Le Bourget, France, Sept. 28. VP) If all is well, Dieudonne Coste and Maurice Bellonte in their big ses-quiplane Question Mark are somewhere over Siberia today, roaring on into the east in an effort to break the world long-distance flight record. At 2:16 o'clock today, 30 hours had elapsed since the plane carried its great burden of fuel into the air at the Paris airport.

Under favorable conditions the Question Mark should have covered 3,200 miles in that time. No reports have been received since the plane passed over Cologne; Germany, but little anxiety is felt because Coste, in his desire to take advantage of every available ounce of lifting power for fuel, stripped his machine of wireless equipment and the progress of his flight therefore can be reported only by ground observers. As these are not numerous in many parts of Russia and as several days might be required to reach civilization should the flight terminate unexpectedly in some remote part of Siberia, Coste and his companion may be out of touch with communication several days even after a landing is effected. THE WEATHER Lower Michigan Mostly cloudy tonight and Sunday; probably showers: cooler Sunday and in north and west portions tonight. THE TEMFERATOtE Max.

Min. Today "11 Yesterday i A week ago 61 i A vear ago The Enquirer aafl News recording barometer rising, which indicates fair weather with brisk winds which will diminish. Today 30.00 Voctryrfav 29 01 Norma! .9.27 Sunday Sun rises at 6:34 a. m. and sets at 6:26 p.

m. Moon rises at 2:19 a. m. Weather Influences East Lansing. Sept.

28. JPi The disturbance noted yesterday over Iowa has moved northeastward and is now central over northern Wis consin. Under its influence showers and thunderstorms have been general in the upper Mississippi valley and western portion of the Great Lakes. They may spread mis section during the next 24 hours. The heaviest rainfall reported in connection with this disturbance was 1.22 inches at Des Moines, Iowa.

A high pressure area and cooler weather prevails over the northwestern states and Canada and cooler weather is indicated here the first part of next week. The highest temperature reported Friday was 98 degrees at Phoenix, Arizona. The lowest temperature reported this morning was 20 degrees at Ed-mont, Alberta. Outlook for the Week For the region of the Great Lakes: Showers first of week and again in closing days, with a period of fair weather intervening; temperature below normal first half and normal or above balance of week. YVIIKRU TO GO TO-NIGHT ET.TOL The Donovan Affair.

KEOE.VT The Last of Mrs. Chene). PUST Pleasure Crazed. STUAND Show lioat. MAJESTIC The Saddle Jumper.

ELITE SharlOiWfi of the Night. HEX The studio Murder Mystery, i Tt'illard Public Library open until 9 Merger of Four Banks and Trust Company of Detroit Is Announced. CAPITAL OF 90 MILLIONS One, First National, Recently Bought Stock in Central National Here. A merger of four banks and a trust company of Detroit including the First National bank which recently bought stock in the Central National bank of Batte Creek was announced late Friday afternoon through the Associated Press. The merger comprises the two largest banks in Detroit as well as the largest trust company in that city.

Combining resources of approximately $725,000,000 or 60 percent of Detroit's banking resources, the combination becomes the largest institution of its kind between New York and Chicago. There will be 192 branches serving 900,000 depositors. Capital of AO Millions The banks and the trust company involved in the consolidation are the Peoples Wayne County bank, the First National bank, the Bank of Michigan, the Peninsular State bank and the Detroit and Security Trust compapny. The combined capital, undivided profits and surplus of these institutions totals approximately $90,000,000. Quoting the Associated Press article, "Coming almost on the heels of the Union Commerce-Guardian Detroit combine, this (Continued on Page 4, Col.

6) NTO CONVENTION CITY Flag-Hung Louisville Receives Nearly 4,000 Veterans Day Before Opening. Louisville, Sept. 28 Converging on this city for the eleventh annual American Legion convention opening Monday, World war veterans to the number of 3,745 had signed the convention roster as the second day's registration opened today. By plane, train, boat and automobile the veterans poured into flag-hung Louisville. The first air arrivals were Garland Peed, Valley Station, N.

and two co-pilots, Robert Chew and Harry Van Liew Peed, former army flier, is a test pilot for the Curtiss Flying Service. A reception committee of 75 was ready to welcome national commander Paul V. McNutt, due to arrive from Indianapolis at 11:55 a. m. The fight for the 1930 conven tion seemed today to rest between Boston and Los Angeles.

Three of the outstanding heroes of the World war, Sergeant Alvin C. York, Lieut. Samuel Woodfill and Sergeant Willie Sandlin, have noti fied headquarters they will attend. SOVIET FLIERS REACH MAINLAND OF ALASKA Rour Russians Complete Hazardous Flight Across North Pacific Ocean. Seward, Alaska, Sept.

28. VP) Four Russian aviators, having completed their flight across the storm-infested North Pacific ocean, lingered among their former countrymen heer today while their plane, The Land of the Soviets, was being made ready for its next hop to Sitka. They are fiymg from Moscow to New York. The Land of the Soviets arrived here late Friday from Dutch Harbor, Unalaska Island, two hours ahead of a storm. The 700 miles from Dutch Harbor was covered In 8 hours, 12 minutes.

It was the Russian pilots' third landing on Alaskan soil, but their first contact with tho mainland. JOHN PHILLIP SOUSA RESTING EASIER TODAY Syracuse, N. Sept. 28. (JP) John Phillip Sousa, noted musician and band leader, was "resting easier and somewhat improved" early today, according to reports from the Syracuse hotel where the 75-year-old "march king" is suffering from an attack of bronchitis.

Sousa was striken with an attack of acute indigestion Friday after-non as he was preparing for a concert here. Medical reports later stated that he was suffering from bronchitis. An engagement to lead his band in a concert at Bingham-ton today was cancelled. LOSES FARE AND FAITH Rochester, N. Sept.

28. VP) W. J. Ewen, Detroit taxi-driver, is disillusioned. It looked like velvet when a fare in Detroit orderc him to drive to New York.

The fare jumped the cab in Yonkers, next to the largest city in the country. Ewen. doubling back home on his 700-mile trip, 'stopped here to wire for mnneg; TROOPS TO RULE Texas Governor Sends Militia To Borger, Orders Local Officials to Resign. Austin, Sept. 28.

Declaration of martial law for Borger and Hutchinson county will not be announced in advance of arrival there of Texas troops, Gov. Dan Moody said today. Austin, Sept. 28. VP) Mili tary rule for Borger and.

Hutchinson county appeared in immediate prospect today as a result of a tacit ultimatum issued by Gov. Dan Moody that all peace officers must resign or see their authority assumed by state military forces. The affected officers gave no indication that 4hey would quit and so placed issue entirely with the governor. Governor Moody said in a statement containing the threat of martial law that crime, in some instances at. least, had flourished in Borger under official sanction.

The recent assassination there of John A. Holmes, district attorney, resulted from a "conspiracy" of peace officers, the governor said. After quoting from reports compiled from the investigations of Texas Rangers, a special prosecutor and a personal representative. Governor Moody told newspapermen a wholesale resignations of peace officers in Borger and Hutchinson county was the only thing that could avert martial law. At Borger Sheriff Joe Ownbey and Mavor Glenn A.

Page refused to comment on the statement until they heard it formally from Moodv himself. EXPLOSION KILLS EIGHT MINERS Blast and Resultant 'After Damp' Fatal to All Working in Shaft. Poteau, Sept. 28. Eight men were killed Friday night by an explosion and resultant "after damp" in the Number 7 mine of the Covington Coal company, all who were in the mine at the "time, until early this morning, when a rescue crew reached a gas-filled chamber in which the missing miners lay.

Two miners, Jeff Shelton and William Cares, both of Poteau, were killed outright by the explosion. Cares' body was hurled 200 feet from the mouth of the mine. The others were found huddled in a room at the extreme end of the mine's passageway, killed by the lethal "after damp" which filled the chambers after the blast. They were James Howard of Cameron, Herman Curetan of Panama, Okla Huston Smith of Panama, Joe Eudoo, Shady Point, Robert Hanson of Panama, and Willoughby Wells of Shady Point. A volunteer rescue crew of miners worked all night in short shifts, six men in a squad, before they were able to penetrate to the bodies.

UNABLE TO ACCEPT Jackson, Sept. 28. President Hoover will be unable to visit this city next month when he goes to Detroit to attend ceremonies in honor of Thomas A. Edispn, it was announced Friday by the Chamber of Commerce. The president sent word of his inability to visit Jackson in response to an invitation forwarded him several days agix OUTLAW TOWN DUBIOUS MARKSMAN HIDES FOR 30 HOURS AFTER HE "KILLS" SCARECROW.

Tuckahoe, N. Sept. 28. (VP) John Dirocco will be careful of his shooting hereafter. Aiming at a hawk, he saw a figure in the distance, wearing a battered hat, fall and lay motionless.

John fled and hii' in a swamp 30 hours. A posse found him. He thought he was being hunted as a killer. It was a scarecrow he shot. HI MISSING HERE IS FOUND IN DETROIT Plot to Embarrass Estranged Husband Believed Reason For Disappearance.

Detectives today laid the disappearance of Mrs. Ed Rollfs, 19, of 85 Cherry, to a cleverly conceived effort to embarrass the husband from whom she was estranged. This theory was reached when it was learned that Mrs. Rollfs, who disappeared Thursday night living a suicide note, had been located in Detroit, and was not only alive but well. Mrs.

Rollfs had been married only six weeks, and two weeks later separated from her husband. Rollfs lives at 98 Green. The note, which Mrs. Roll's sont to her sister, said that she was going to see her husband, that she felt something "terrible" was going to happen, and that whatever became of her, he would know. "It appears to me that sc realized she could put her husbaad in a tight position by leaving such a note and Chief Gordon said.

"If she hadn't been located we doubtless would have been obliged to hold Rollfs, for a v.hile at least, to investigate the At first it was believed Mrs. Rollfs drowned herself berjuse her dog returned home soaking wet, but late Thursday afternoon the relatives informed officers that they had received a call from her. She did not state what she was doing in Detroit. LIQUOR CARLE FOUND Customs Agents Discover New Means to Transport Rum Across Detroit River. Detroit, Sept.

28. W) Customs border patrol inspectors at Ecorse Friday discovered a second underwater cable system believed to have been used for the smuggling of liquor across the Detroit river from Canada. The American terminus of the cable was found in a boat house, while the loading point was in a partially submerged shack on Mud Island. The cable was in a diagonal line more than 1.000 feet long. By this system liquor is said to be loaded on a sled which is drawn along the river bottom by a windlass and is unloaded by a man wearing a diver's outfit.

Officers arrested Mathew Kar-man, sole inhabitant of Mun Inland. He is free on S2.500 bond pending grand jury action. He told officers that the cable is movable and has shifting terminals. Three weeks ago officers disovered a 500-foot able system believed to have been used for liquor smuggling. Federal prohibition offiers made a a series of raids in Detroit Friday, resulting in the arrest of six men, discovery of a small but completely equipped still, and confiscation of a quantity of beer and whisky.

Tubercular Prisoners Escape From Texas Farm by Tunneling 75 Feet. Huntsville, Texas, Sept. 28. JP'i Seventeen convicts at the Wynne state prison farm for tuberculars, near here, escaped Friday night, Warden E. F.

Hanell reported today. The men cut through the kitchen floor six feet into the ground and tunneled 75 feet to the surface behind a building outside the confines and out of sight of the guards. Fifty men, every guard and prison official available in this section, followed a pack of bloodhounds today on the trial of the escaped convicts. LOAN TO MAGISTRATE or Rothstein Case Becomes Live-ly Issue in New York Mayoralty Election. New York, Sept.

28. (JP) Tammany's acceptance of the case of Arnold Rothstein as an issue in the mayoralty campaign was met today by charges that a city magistrate had received a loan from the gambler, who was siain mysteriously in a hotel last November. Soon after the announcement of District Attorney Joab H. Bantcn that he would ask a special jury panel Monday to begin the trial of George McManus for the murder, Fiorello H. LaGuardia, repub lican candidate for mayor, charged that City Magistrate Albert H.

Vitale had received a loan ot $19,940 from Rothstein. Magistrate Vitale of the Bronx, who is taking an active part in Mayor Walker's campaign for reelection, amitted receiving a loan from a corporation which was controlled by Rothstein. He denied that it was a personal loan, saying it was arranged through a friend and he did not know until he received a check in exchange for a note for $20,000 that Rothstein was connected with it. The charge that notes and documents in the Rothstein files comprised men in political or public positions have been made by Richard E. Enright, square deal party candidate for mayor as well as by LaGuardia.

Banton announced that he will call Enright before the grand jury to tell what he claims to know regarding the case and which he has claimed in political speeches has been suppressed by the authorities. PROBABLE SHOWERS IS FORECAST FOR SUNDAY Thick yellow fog, that reminded one of dire tales of crime in a London fog, was evident in the low marshy lands of Battle Creek last evening. In some spots on the Marshall road motorists were forced to a crawling pace for the fog was impenetrable. The highest temperature reached yesterday afternoon was 75 degrees. Today promises to be hot.

I was 74 at 3 o'clock this morning and 76 at neon. It is still slightly cloudy. The lowest temperature reached last night was 61 degrees. It was not cold last evening, but the dampness was rather penetrating. The official government forecast is: Mostly cloudy tonight, and Sunday; probable shower.