The Boston Globe from Boston, Massachusetts • 14

the boston: mmu Wednesday, November 10, 1926 CARBARN SLAYERS MUST DIE, SUPREME COURT. DECIDES TRIAL BY ORDEAL, IN PROTEST GIVING UP 3 STATIONS GRAHAM TELLS ABOUT MORSE WANT HOLDUP REENACTED DIX OPINION DOROTHY lift ST She Finds Defendants Unshaken When Image of Mrs tj VAN HEUSEN SUIT IS SETTLED Judgment in Favor of Jf B. Bolgon Agreed To Constituting practically a settlement of the differences between John B. Bolgon of Philadelphia and John M. Van Jleusen of Jamaica Plain, papers were filed in the Superior Court today.

agreeing to judgment Tor Bolgon In the sum of $1 and waiver of exceptions of the defendant In the suit. Bolgon brought the suit against Van Heusen, a well-known soft collar manufacturer, and in July, 1925, a jury returned a verdict for Bolgon of $1,314,241, and exceptions were taken by van Heusen. The papers today were filed by Raymond G. Wilkins of the firm of Storey, Thorndike, Palmer Dodge, counsel for the defendant. The original suit was to recover for an alleged breach of agreemnt between Bolgon and Van Heusen, in which the latter was alleged to have agreed to pay to Bolgon 30 percent of what he might make in the soft collar Industry.

This agreement waS in consideration of Bolgons assigning to Van Heusen certain patent rights in the manufacture of the collar, It Is understood that before the filing of the papers today a settlement between the parties had been effected. William G. Thompson was counsel for Mr Bolgon. the States fingerprint experts, yesterday had testified that he saw a hoof-print on the ground when he visited the spot 44 days after the slaying. Didi Mrs Mills body have any scratches?" asked Simpson, shifting suddenly Sway from the missing evidence subject.

Yes, on her arm, answered Totten, holding the fingers of his right hand talon-like and drawing them down the lower part of his left arm, illustrate how the scratches might have been inflicted. Grilling of Willie Totten told of grilling Willie Stevens. Senator Case was overruled when he ftskdd After all the grilling through the various phases of the investigation, the most damaging thing, he said was, 'Do you think they suspect me? He was also overruled when he asked about a "severe grilling one midnight. stalls of one examination of Willie were brought out by Simpson on redirect examination. You took Willie Stevens to the Courthouse at New Brunswick for questioning? Simpson asked.

Yes, said Totten. "What did he say? He didnt say much on the way down. After having been questioned and as we were coming from the Courthouse, he asked me, Do you think they suspect me? Why do you ask that? I said. Just then the photographers rushed us. Willie put his hat over his face, and I didnt press the question.

At this Willie, who was listening most intently, grinned. Willie Smiles Again Cross-examination by Senator Case. "Willie made no objection to going to the Courthouse? No," said Totten. He talked freely when In the prosecutors office? 1 Yes." He answered questions satisfactorily? Yes. Here Willie smiled again.

He was also questioned at Somerville? "Yes. That was quite some examination, a severe grilling at midnight? Simpson objected and was sustained. How many times did you see Willie? Two or three. When was he questioned it Somerville; was it at night or in the daytime? Objection came from Simpson, and the question was not pressed. How long was he questioned at New Brunswick at the time when he gsked if you thought they suspected him? About an hour and a half.

And he was put through a grilling during the investigation? Undoubtedly. Tongue There at Autopsy In the opinion of Dr-Rudolph Hege-man, who performed the autopsy, after the body of Mrs Mills was exhumed in 1922, the tongue, the larynx and the top of the windpipe were in the body at that time. There was no evidence of violence around the mouth and no gaping hole at the bottom of the cut in the neck to indicate they had been removed, he testified on cross-examination. The wound was made by a very sharp knife, he said. During his examination by Simpson, Hegeman had declined to swear that the tongue, larynx and upper part of the windpipe had not been removed.

Can you swear that they had not been removed?" Simpson asked. No, was Hegemans answer. I did not open the mouth, I dont know what was in it. I put back the head, but I cant recall whether the upper part of the windpipe was there or not. nvi maIsb? Where are your notes? I made no notes.

I dictated them to Dr E. I. Cronk, who was present." Do you know whether he took the notes you dictated? "No. Reveals Defense Theory Dr Hegeman said ho found and removed two bullets from the skull of Mrs Mills. The head was almost severed and to him It -appeared as If there had been two cuts, one from each side.

On cross-examination, over Simpsons protest, he was allowed to testify that he thought he would have observed it, if the tongue, larynx and upper part of the windpipe had been removed. Senator Case, In arguing that Hegeman be allowed to state hie opinion, revealed the defense theory as to the testimony of Dr Otto H. Schultze, of the office of the district attorney of New York County, who yesterday testified that the tongue and other -contents of the throat were ialsslng Yvhen he performed an autopsy last month. These parts of the throat could have beeri separated from the body as a re Bald BA ftTlf suit of the deep cut," said Case, and therefore would not have received the benefit of the embalming fluid. The wound was made by a very sharp knife, Hegeman testified.

The wound was clean-cut, not Jagged. Concealed Evidence Dr E. I. Cronk, who was health officer of New Brunswick at the time of the double slaying was called to the witness stand after Dr Hegeman. Dr Cronk said he was called to the undertaker's establishment three days after the slaying to Identify the bodies of the couple, and while there re opened the abdominal Incision which had been made by the Somerset County physician In the poBt-mortein examination of Mrs Mills.

He said there were no organs miss- COURT YIELDS TO LEGION PROTESTS Continued From the First Face. tlon the American Legion protest, Simpson had told the judge that he wanted the Jury taken to the scene of the slaying four years ago of Rev Edward Wheeler Hall, New Brunswick church pastor, and Mrs Eleanor R. Mills, choir singer in his church. It Is for the murder of Mrs Mills that Mrs Frances Stevena Hall, widow- of the minister, -And her brothers, Willie and Henry Steven's, are being tried. Defense Points Changes Could the Jury be taken there without attracting a crowd? asked Justice Parker.

They could if it were kept quiet as to when they were going, said Simpson. He said that he was not asking that the Jury be taken to the scene today, but that he wanted the court to take the matter under consideration. Clarence E. Case of defense counsel told the court that the topography at the scene of the crimes has changed greatly in the last four years, knd presents an absolutely different He said the defense would want to present its argument on the matter before the court reaches a decision as to whether the Jury shall be taken to the place on a farm outside New Brunswick. The crab apple tree under which the couple was found murdered.

It was brought out previously in the has 6lnce been cut down, and there is extensive real estate development In the vicinity. Simpson, in his request for inspection of the crab apple area by the jury, brought out that the jury would have to1 be accompanied by competent guides. Card Brought to Him George D. TottCh, county detective at the time of the killings, recalled for cross-examination, said that he did not learn of fingerprints having been found on Mr Halls calling card until the card was produced this last Summer at the hearing in the application for bail of Willie Stevens and Henry Car-pender, a fourth person indicted for murder in the killings and now awaiting trial. Senator Case traced the history of the card In his questioning, first bringing out that when Totten, Sheriff Conklin and others went to the scene each devoted himself to some phase of the survey, as the crowds poured into the lane and overran the Phillips farm.

Totten said he was not sure who brought the card and other exhibits from the farm to the Somerset County Courthouse on Sept 16, 1922, the day the bodies were found. You are clear, however, that some time on Sept 16 you received the card and other exhibits? "Yes. How long did you retain them? Until the following Monday or Tuesday." If you did not have these articles in your possession, you cannot he certain what was done with them in the way of handling them, lw they were handled or that fingerprints might not have been made on them by persons touching them? Prosecutor Overrulled Simpson objected, contending that Totten was not a fingerprint expert. The defense was continuing its attack on the validity of the fingerprint evidence, and the court ruled that the question should he answered. No, replied Totten.

'Where did you taK the exhibits on the Monday or the Tuesday after the bodies were found? To New Brunswick. The two counties had established joint headquarters in the prosecutors office. "When did you next see the cards and other exhibits? fl In November when they were brought back to Somerset in preparation for the meeting of the Grand Jury. Were all the articles that were con- sidered important brought back? Yes. Identification of Card The calling card bearing the fingerprints Identified as those of Willie Stevens was produced from the pocket of Inspector Underwood, a member of Simpsons staff.

I understand your only means of identifying ytis card as one of those found at the place where the bodies lay is' by flyspecks? asked Case, as he removed the card from its glass protection and showed it to the detective. Yes. Do you know where the card case found at the bodies is? No. When did you last see this card prior to last Summer, when it was produced at the preliminary hearing? When I delivered it to New Brunswick in 1922. Do you know If there were any fingerprints on it then? None was visible.

Case was overruled when he attempted to get Into the record the witness statement that he had never heard of any fingerprints having been found. Simpson argued successfully that this would be heresay evidence. Powder Puff Vanished Totten said a handkerchief and a powder puff were found in the pocket of a scarf that was wrapped about Mrs Mills body when it was found. The handkerchief is still among the States evidence, but the powder puff has disappeared. Case, in his cross-examination of the witners, emphasized the fact that the eyeglasses, found In their proper position on Mr Halls face, were in good condition, but that they now ere broken.

The defense attorney, by his questions, clearly showed that he was driving this point to show that if the eyeglasses were handled in such a way as to be broken after being found," the calling card alleged to bear Willie Stevens fingerprint likewise was handled much during the years after the double slaying. Totten said there was a dental appointment card also among the articles taken from Mr Hall's pockets, but it has disappeared. Willie Stevens Hat Last week, when the State Intro duced the clothing worn by the minister and the choir singer at the time the'y were slain, a black slouch hat belonging to Willie Stevens was taken from the box containing the other clothing, and there had been much speculation as to whether the State would contend that this hat was found at the scene of the crime. Case turned to this subject In cross-examining Totten, and the witness said he believed it was taken from the Hall home, after the slayings. It was not found at tjie scene Of the crime, Totten said.

The reliability, as evidence, of the exploded pistol shells, which the State has produced as having been found at the scene of the slayings, also was attacked by Case in his cross-examination. Do you know whether these shells ever were taken from the State of New Jersey? he asked the witness. I cant say," answered Totten. The witness said the last time up to the present trial that he saw the shells found at the scene was when the first Grand Jury investigation of the double slaying was held In November, 1922. Hit a 1 Woman Case also used Totten In an effort to give a blow to the States contention that Mrs Jane Gibson, star witness for the State, had ridden her mule, Jennv.

to the Phillips farm the night of the slaying. Totten said the ground was hard and dry at the scene of the crime when he visited it two days after the minister and the choir singer were slain. Edward Schwartz, ona of Continued From the First Page. contain the grant of authority and establish the bounds limiting its exer-cis The grant of authority and limitation of its exercise are not derived from legislation. They come directly from the sovereign power and are expressed in the great charter of Government.

It la -quite clear that under any pretense of regulating its exercise the executive authority could not be deprived of its constitutional rights In relation thereto, but provision may be made by legislation, which shall render the exercise of such a power convenient and efficient. Has Initial Responsibility The words of the Constitution to the effect thatthe power of pardoning offenses shall be In the Governor, by and wlui the advice of Council, mean that the Initial responsibility is vested in the Governor. The duty of making the preliminary determination rests primarilj upon the Governor alone. He decides whether any action ought to be taken in the premises and what action, if any, is demanded4 by the public welfare. This conclusion follows from the words which repose in the Governor, and in the Governor alone, the power of pardon.

The words following this grant of power, viz, by and with the advice of Council, ahow that the function of the Council lJt purely advisory after affirmative action has been decided upon by the supreme executive magistrate. The Council does not have the power of initiative, either alone or conjointly with the Governor. The approval of the Council must follow after an accompany the affirmative act of the Governor, and enter into it before It becomes complete and effective. "These words of the Constitution heretofore quoted from Chapter 2, Section 1, Article 8, recognize the fact that the act, first of all, and afterwards for all time, is the act of the Governor. The' only connection that the Council can have with It is advisory.

"VVhether the Governor takes advice or not, his conclusion must rest finally on his own Judgment. Inasmuch) as the responsibility of his determination, with or without advice, must rest upon him, both in the beginning and forever after, the natural oourse of proceeding would seem to be that he should seek such aid as he might desire from any proper source, and not be obliged to ask advice, in the first instance, from an official body whose opinion could never relieve him from the duty of deciding. Opinion of the justices, 190 Massachu-sett and 210 Massachusetts. This statement from an advisory opinion Is now, after renewed consideration, adopted as authoritative. Inspector of Buildings' of Lovell vs Stoklosa, 250 Massachusetts.

Refers to Petition This being the nature of th pardoning power as set forth in the Constitution, both as to its scope and the method of its exercise, it remains to sider the meaning and effect of G. Chapter 279, Section, upon which the petitioner relies. The relevant words of tljat section are If it appears to the satisfaction of tho Governor and Couir-cil that a convict under sentence of death has become insane, the Governor, with the advice and consent of the Council, may, from time to time, for stated periods, respite the execu-; tion of said sentence. Since this section relates to the pardoning power, it must be construed, so fa as practicable, to be in harmony with- the constitutional provisions touching that power. A 'statute must be interpreted if fairly possible, so as to avoid not only the conclusion that it Is" unconstitutional but also grave doubto upon that score.

Reading the words of this section in the light of the words of the Constitution touching the. power of pardon, it is clear that there is no attempt on the part of the General Court to deprive the Governor of his initial and primary duty to make the first determination respecting the exercise of the pardoning power, or to compel him to share that duty with the Council, or to create in the Council a mandatory obligation to join contemporaneously with the Governor in that first determination, or to require of the Council anything more than to act on the question, whether its advice and consent shall be given, subsequent to the time when the Governor has made a rrelimia'7 and favorable determina-ion in the premises. Explains Satisfaction Phrase The satisf action of the Governor and Council, as these words are ised in the statute, mean a satisfaction which must come to each in connection with the respective powers conferred upon each by the Constitution exercised in the way and in the sequence of events therein pointd out. The dominating words of said section 48 are the Governor, with the advice and consent, of the Council, may respite the execution of said sentence. words follow in substance the decisive words of the Constitution.

The words of the section which precede are ancillary and subsidiary to these dominating words and are to be interpreted as indicating a state of mind each has before reaching a favorable affirmative conclusion in performance of the duties arising under the Constitution, and 'not as attempting to establish a mode of procedure or to regulate the order of action. It follows that the request for a ruling- that as matter of law the writ should issue was denied rightly. It Is unnecessary to consider other objections urged against the Issuance of the writ. Petition dismissed. Judge Fosdicks Refusal Upheld Judge Frederick W.

Fosdicks refusal to grant a new trial to the defendants is upheld by the full bench, according to a decision written by Chief Justice Rugg. The mofton of Devereaux, setting up newly discovered evidence was, in effect, that ne uas insane and absolutely irresponsible and not appreciative of the significance between right and The full court says that np evidence as to his mental condition was offered at the trial before the Jury, and from the report of the case when here at its earlier stage, It appears that the defendant testified as a witness in his own behalf at the trial. The full court points that the granting of a new trial In capital cases on the ground of newly discovered evidence rggtson sound judicial discretion. It is a power to be used sparingly for the protection of innocense, not to screen the guilty, continued the court. The governing rules of law, the court goes on, as to motions for a new trial In capital cases are the same as in civil and in other criminal cases.

In view of the controlling principles of law, which are amplified in these decisions and which need not be repeated, it Is plain that there was no error of law tn the refusal to give requests for rulings and no abuse of judicial discretion In denying the motion. Well Able to Form Judgment The judge who denied the motion presided over the jury trial, saw the defendant, heard him testify In hi3, own behalf, and of course watched his apparent nental capacity as revealed both under direct and cross-examination and by his other oonduct In the courtroom during the trial, The judge may well have been able to form a Judgment as to legaLrespon-slbllity of the defendant for crime, based upon common-sense inferences and Intelligent observation, more re- Officials Check Up Story of Lancaster, Men TROY, Nov 10 (A. Rensselaer County authorities have asked Henry L. Hinton of Lancaster, and his chauffeur, Edison M. Twitch-ell, to reenhet the events connected with the holdup they reported to the police Monday night as having' taken place near Hoosick Falls and Resulting in the loss of $17,250 in cash and bonds.

The men were traveling In an automobile from Newburg to deposit the bonds and most of the cash in a bank In Hoosick Falls. I am not at all satisfied with the stories of the holdup, said Dlst Atty Frederick C. Filley of Rensselaer County We are -checking up all details in connection the case. Deputy Sheriff George Hyinck of Hoosic Falls said he rode behind Hintons car most of the way from Troy to a point near the scene of the alleged robbery, where he passed the car. He said that traffic on the road was heavy and'many cars were passing.

Filley alleged that there were certain discrepancies in the stories of the two men wljlch. in general, recited the appearance of four armed and masked men on the road who held up the car and robbed the occupants. Hinton and Twitchell have been asked to remain in Troy until completion of the police investigation. ing from the abdominal part of the body. Dr Cronk said he found "concealed evidence in the head of Mrs Mills.

What was it? asked Simpson. I found three bullet wounds, and there were no points of exit, said the witness. "I knew there was evidence inside the Didnt Look for Tongue Simpson then brought out that he meant by evidence the three bullets which must have been in the head. Dr Cronk said he reported this to Joseph now dead, and who was prosecutor of Middlesex County at the time of the slaying. This report, the witness said, was made on Monday morning, four days after the crime, and early in the day on which) Mrs Mills was buried, without an autopsy having been performed.

Dr Cronk said the abdominal incision was the only postmortem wound on the womans body. The witness said he assisted at the autopsy tmade afterward when the bodies had been exhumed. Did you look to see if Mrs Mills tongue had been cut out? asked Simpson. I did not, replied the witness. WILL CALL PIG WOMAN REGARDLESS OF DOCTORS SOMERVILLE.

J. Nov 10 (A. Special Prosecutor Alexander Simpson expects to have. Mrs Jane Gibson testify In th Hall-Mills murder case on either naay or Saturday regardless of what doctors attending her Id a Jersey '-City hospital say. I am told that the condition of Mrs Gibson Is improving and that her temperature is dropping, he said.

If Mrs Gibson tells me she is feeling well enough to go on the Stand to testify, I will have her brought to Somerville, where she can tell her story. I will do this regardless of what the doctors say. Mrs Gibson, the States star witness, warf removed tcMhe Jersey City hospital from a Somerville institution Sunday against wishes of the Somerville hospital authorities. Doctors attending her yesterday reiterated previous statements that she would not be able to testify for at least two weeks. ARLINGTON GIRL INJURED BY FALL INTO CELLAR Miss Helen fmith of 15 Lawrence st, Arlington, was seriously Injured this afternoon when she fell through a trapdoor opening in the millinery shop of Miss Celia McKean at 2253 Massachusetts av, North Cambridge, where sh is employed.

Miss Smith sustained (two fractured ribs and other injuries. She is at the Cambridge City Hospital, where she was taken after the mishap. The police say that the trap in the back part of the store had been left open by Miss McKean and Miss Smith fell through to the cellar. AUTOMOBILE DAY IN THE ROXBURY COURT Judge Joseph N. Palmer In the Roxbury Court today disposed of 150 automobile cases, presented by patrolmen from Station 9 working under orders of Capt Richard Fitzgerald, who is conducting an Intensive drive against violators of the automobile laws.

Court officer John Long collected more than $300 in fines. The charges against the defendants included not keeping as close to the right curb possible, speeding, parking all night, and operating without lights. Patrolmen Preston, Friel, Durkin, Thomas and Wechbacher prosecuted the cases. Judge Palmer imposed fines of $5 and $10 in many of the cases. Other cases were placed on file.

On Friday officers from Station 9 will present 200 cases, with patrolmen John H. McFarland and Louis E. Slater taking charge of the prosecu tion. In Judge Elmer Briggs session today Michael E. Toomey of Codman Park, Roxbury, was fined for going away after an accident without making his identity known, and he was fined an additional $10 for operating without a license.

On a charge of operating an automobile in manner to endanger the lives and safety of the public he was found not guilty. Toomey, who Is 17 years old, was arrested two weeks ago by patrolmen Nicholas Crossen and Michael A. Stapleton of the Roxbury Crossing station. The police allege that Toomeys machine struck a machine operated hv Lewis Goldsmith of Paul Gore st, Jamaica Plain, on Amorv st two weeks and then continued on. Ileana and Nicolas To See Army-Navy Game at Chicago DENVER Nov 10 (A.

Prince Nicholas 'and Princess Ileana will attend the Army-Navy football game at Chicago on Nov 27. While their mother. Queen Marie, is resting in Washington after her transcontinental tour, the children will go to Chicago on Nov 26 In two private cars on the Baltimore Ohio Railroad, returning to Washington late Sunday. The party will be entirely informal, the Prince and Princess being attended only by an aid and lady-in-waiting. The Chicago trip was arranged at the suggestion of the royal children, who saw their first football game In Seattle last Saturday and liked it Resumes Stand Today da Murder Trial Edgar Graham of Saugus resumed the stand this morning in Middlesex Criminal Court, East Cambridge, la connection with the trial of William C.

Molr, charged with the murder of Frederick C. Clements, Burlington garage man, who was a partner of Graham more than two years ago. Graham stated he lived in Burlington in 192tor 1922, under cross-examination, and admitted he had known Frank Morse, one of the defednanu, Frank Morse, one of the defendants, who has not been apprehended since the murder of Clements. He stated he has worked with Morse in an Everett garage. He stated that Morse frequently came to the garage in Burlington, owned by himself and Clements.

Graham described Morse as about 37 years, 6ft lin, and weighing about 220 pounds. Graham testified Morse first came to the garage in the Spring of 1924. He said he aid not know what business Morse was in, but had an idea he was a bootlegger. Questioned as to his own whereabouts on the day Clements was murdered, Sept, 17, 1924, Graham stated he was in Boston doing some errands. He admitted, however, that hs had been at the garage early in the morning and had seen Morse there, but did not know how long he stayed.

Questioned as to his going to "the garage the day after the murder, Graham said he did, nd saw Morse and Mowbray there about 9 in the morning. He stated both had been drinking and he did not ask either of them where Clements was. He stated that when he arrived at the garage he found the key in the secret hiding place over the door and that there was nobody around. He admitted that and Clements knew of the hiding jilace'for the key, but added that it was possible Mowbray also knew about it. He testified that on that day he did not go up into the loft over the garage, where it is alleged Clements was killed, and stated he did not go up there until sJCter Clements body had been found on Oct 2, in.

the Shawsheea River. Questioned About Loft Graham was questioned as to what he knew about the loft of the garage being whotewashed and said the piar. was to whitewash the entire lolt and the job had beeri)-started early in September of 1924, but was never finished. When asked if it were true that the walls were whitewashed only up so high as blood might spatter if a man were killed there he answered that they were only partially whitewashed. Asked if he had not testified at the previous trial of Mowbray last year to the effect that Clements had whitewashed the walls just before h3 disappearance and asked if he did not testify he did not know whether there had been whitewashing dor after the murder, Graham stated he did not recall.

Graham testified that after Sept 17 Mowbray was drunk most of the time. Ie testified prior to Sept 17 he had never known Clements to Ltay away from the garage for over one night at a time. Graham admkted that from Sept 17. when Clements disappeared, and up until Oct 2 when his body was found, that he (Graham) did not inquire of anybody where Clements was and did not try to find out where Clements was. He Was asked by the court when it was he first thought anything was wrong in connection with Clements disappearance.

and Tie said he did not think much about it until Mowbray told him. Cross-examined as to testimony mad? by him in the Probate Court proceeding as a result of the of Clements, he claimed he did not remember rmestions were asked him or what answers he gave. i inally asked by the defense counsel if he was trying to evade questions beinj he said he was not trying to evade (them but wanted to tell all he knew of the affair. the hearing the court said there was not sufficient evidence to grant another trial. Attorney Juggins then appealed to the full bench of the Supreme Court.

All this was going on during the week in which the carbarn slayers were to have been electrocuted and while the trio were in the State Prison death house in Charlestown. Legal witnesses to the electrocution were notified for a second time during the week and the date was finally set for the morning of Friday, Aug 13. The afternoon before, however. Gov Fuller conferred with the Attorney General and announced that he would grant a respite to Nov 18. IThis action, however, necessitated the calling of special session of the Executive Council.

On Friday, Aug 13, the men were taken from the death house and placed in cells in the Cherry Hill section of the prison. They have been theis since and will probably remain in their cells In Cherry Hill until Jan 3 at least, the date of the respite granted the men a few days ago by Gov Fuller. In the meantime, however, the court will probably sot a new date for ths electrocution and about 10 days before that date tjie trio will once again be placed in the death house unless they are successful in getting a eonimuta tion of sentence to life imprisonment. FINDS FRAUD IN VARE ELECTION PHILADELPHIA, Nov 10 (A. P.l-Evldence of fraud has been discovered in at least one precinct in last week's election, when unofficial returns showed zeroes for William B.

Wilson, Democratic candidate for United States Senator In more than a score of the citys 1500 precincts. Judge James Gay Gordon so asserted in holding three election officials of the 36th ward in $1000 bail each for the Grand Jury. The return sheets on election night gave 295 votes to each of the Republican candidates, with zero marks behind the names of Democratic and other candidates. The recount showed 288 votes for Vare, 289 for John S. Fisher, Republican Gubernatorial candidate; five for Wilson and three lor Judge Eugene C.

Donniwell. Democratic candidate for Governor. In holding the three officials, all negroes. Judge Gordon told them it was apparent that their return was false, and that they were utterly indifferent to the rights of the voters. Judge Gordon also ordered the prehension of twe ether election officers of the same division, one of them a woman, who failed to appear before the election court yesterday.

Discrepancies were found in several of the other zero divisions. In on division the official count gave WiLson 35 vqtes, although he had not been credited with a single ballot on tha unofficial return Sheet. This and other errors were ordered corrected. The official tabulation, which being watched by the committee or 70, was expected to be completed today. The committee is a body of in dependent citizens organized in the in terest of clean elections.

Petition of B. M. Heard for Abandonment At a hearing before the Public Utilities Commission, J. i W. Kenney, representing tha West Somerville Civic Association, today protested against the proposed abandonment for passenger service of the North Cambridge, Somerville Highlands and West Somerville stations on the Boston Maine Railroad.

The road also proposes to abandon its station at East Cambridge. Mr Xenney suggested that the Somerville of the railroad be served rsyfhe Elevated through the latter corporation using the tracks of the Eoston Maine in the event that the abandonment petition is granted. Reading a letter from Representative Frank A. Teeie of Somerville, in which the opinion was expressed that the effort to prevent the abandonment would be hopeless. Mr Kenney thought.

In the evt that the prediction of Representative was correct, something should be done to see that some substitute transportation service is granted. Chairman Henry C. Attwill of the commission pointed out that the Metropolitan Planning Division has recommended that the Elevated service referred to by Mr Kenney be Installed, adding, however, that the plan has never been approved by the Legislature. Mr Attwill could give no assurance that the change would ever be made. Phillips P.

Bourne, chief engineer of the Blake Knowles Works at Eat Cambridge, called the attention of the commission to the fact that the railroad has ne'ver posted in the East Cambridge station notice of its intention to discontinue service. Such a notice has been served on the commission. As the East Cambridge patrons would be affdeted by the closing of the other stations, Mr Bourne suggests that the commission take this fact into consideration in passing upon the case. A hearing will be given later on the petition to close the East Cambridge station. Frank W.

Kahn, city solicitor of Somerville, said the Mayor and Aider-men have not yet acted on the petition. Chairman Attwill said he would give them an opportunity to put in their case. Dwight S. Brigham, representing the Boston Maine, said 'that during the past six years there have been 70 accidents at the North Cambridge, Somerville Highlands and West Sonferville stations. Traffic at the stations, he said, is light.

The railroad through the abandonment would save approximately $40,000 annually. DEVLIN SWORN AS ASSOCIATE JUSTICE Williams' Appointment Confirmed by Council While the staff of the Attorney General's- department looked on, Acting Gov Frank G. Allen, in the Executive Council chamber, tody administered to Asst Atty Gen Jameg H. Devlin the oath of office as associate justice of the Boston Municipal Court. The Council just previously had confirmed the appointment, which had been submitted a week ago by Gov Fuller, Friends of Mr Devlin, including Atty Gen Jay R.

Benton, Ex-Atty Gen J. Weston Allen, Ex-Asst Atty Gen Lewis Goldberg, now a member of the Public Utilities Commission, and heads of State departments were in the chamber. Confirmation was also made by the Council today of the appointment ot states Attorney Harold1 P. Williams as a Superior Court justice. Mr Williams will be swrn in Friday at 12 oclock by Acting Gov Allen.

liable as a practical guide to accomplishment of justice than the refined distinctions and technical niceties of alienists and expert psychopathic inferiority. He may have found that the affidavits were not reliable. Such a conclusion would have beeiv 'Within the judicial discretion of the trial court. The decision points out that the Department of Mental Diseases has experts examine persons charged with murder and the report in each caise is accessible to the court, tha district attorney and counsel for the defendant. The decision goes on to say that examinations held under this condition may fairly be assumed to have been made by competent persons, free from any predisposition or bias and under every inducement to be impartial and to seek for and to ascertain the truth.

No Foundations for Motions The fact that the question of Insanity was not raised at the trial is no reason in and of itself for granting a new trial merely because affidavits are presented having a tendency to show insanity. Othewise the strater gy of almost every defense would be to omit any reference to insanity on the first trial and reserve that for a second trial." Helnlein and McLaughlin carried exceptions to the full court. They rested upon the proposition that Devereaux was Insane at the time the homicide was committed. The decision, that there was no error in the denial of the motion of Devereaux for a new trial, says theTourt, leaves no foundation for the motions of the other two. TRIO FOUND GUILTY OF v- MURDER NOV 29, 1925 Found guilty by a Jury on Nov 29, 1925, of first degree murder in connection with the slaying of James H.

Ferneau, aged watchman at the Waltham carbarns on Oct 4, 1925, Dever eaux, Heinlein and McLaughlin were on June 16 of this year sentenced to die id the Electric chair during the week of Aug 8. A campaign to save, the lives of the doomed men began as soon bus they were found guilty and a motion for a new trial was overruled. On June 11, 1926, theSupreme Court overruled the exceptions of the condemned men and petitions asking for commutation of sentence were presented to Gov Fuller, On Aug 4 Gov Fuller refused to commute the sentences to life imprisonment. Mass meetings, however, were kept up in ttje hope of saving the trio, and statements to the effect that Devereaux had suffered mentally were still to be investigated in the nope of saving the trio, all of whom were equally guilty in the eyes ot the law of the murder, which was eventually admitted by Devereaux. Devereaux at the time he heard his doom pronounced made a plea for the lives or his companions, asking why they should die for a crime that he had committed, unintentionally.

t)n Aug 11 Judge Braley of the Supreme Court denied a writ of habeas oorpUs and mandamus sought by attorney grancis Juggins, counsel for the men. Judge Fosdlck Denied Petition On Aug 12, 1926, Judge Fosdick gave a hearing on motion for a new trial. The sanity of the three men was argued at length and at the close of Mills Head Is By DOROTHY DIX 80MERVILLE, Nov 10-The fnorbld trial fans who had stood for two hours In the pelting rain of a dreary November day, waiting to get Into the courtroom at the Hall-Mills trial, and then had endured hours of grinding boredom listening to the experts and the lawyers wrangling over the finger prints on the card found at Dr Hall's feet, got their compensating thrill when Senator Simpson, late yesterday afterpoon introduced as evi-dence an image of Mrs Mills, showing her head and Ostensibly, of course, it was to visualize to the jurors Just how she was dealt the wounds that killed her, but psychically it was tremendously more significant than that. You could not look at it without thinking of the medieval trial by ordeal when those accused of murder were forced to look upon the body, and it was superati-ilously believed that their demeanor Under this test would prove their guilt fpr innocence. defendants Calm Assuredly Senator Simpson is too fchrewd a man to think that Mrs Hall and her brothers would be influenced by any such childish hocus pocus, and as a matter of fact they seemed to regard the exhibit with as calm and dispassionate curiosity as any one else in the room.

They sat side by side, as hey always do, dignified, utterly quiet, masters of themselves and their perves. It was only when Dr Schultze, the coroner's physician from New York, who was explaining the range of the bullets, showed where, indicating the spot on the head with his pencil, the bullet entered that slew Dr Hall, that Mrs Hall turned her head away and looked down at the floor for a few minutes, as if she were hiding the tears In her eyes and had seen all that she could bear to look upon. And it was, in truth, a gruesome enough exhibit. Speaking very slowly and and impasshely, that somehow made what he had to say oddly dramatic. Dr Schultze indicated Where the three bullets had been fired into Mrs Mills' skull within a range of four inches.

And any one of them would have snuffed out the life of that little 90-pound woman. Then, running his pencil around the throat. Dr Schultze told how the head had almost been severed from the body by one ferocious slash of a sharp knife, jid how the tongue and the larynx and the windpipe had been cut out. And finally the abdomen had been ripped open in a last gesture of maniacal rage end revenge. Possibly by Insane Man It was such a crime as Jack the Ripper committed.

It was a crime such as only a degenerate could commit, and it left one wondering, as ofie listened to the gory details, if it was done by some maniac passing by or if in this quiet, law-abiding community there still lives some man Another Slight Quake at Anaheim ANAHEIM. Calif. Nov 10 (A. 'JL brief earth tremor was felt here at 9:31 this morning. No damage was done.

Almost daily for a week Anaheim has had slight shocks. DEATHS BATES At Situate. Norember 10. Abnr N. Bates, in his 81st year.

Fnneral at IioTue. Clapp road. Scituate. Friday, at 2.30. Relatives and friends invited.

CROWLEY In Somerville. November 10th. Jeremiah beloved husband of Mary A. Crowley (nee OLeary), at 20A Glenwood road Requiem hifth mass at St Anpe Church Thursday at 9 a. m.

Funeral private. DOYLE In East Boston. Nov. 9. James beloved eon of the late Peter and Bridget Iloylp.

Funeral from his home. 140 London Friday, at 8:15 a. m. Requiem mass at the Church of the Most Hole Redeemer at 9 o'clock. Relatives ond friends invited.

FISHER la North Weymouth, Nov. 9. Fred C. Fisher. Funeral services from his late home, 34 Orrtis Nov.

12. 1926, at 2 30 p. m. Relatives and friends invited. Burial at North Weymouph Cemetery.

fcEXNY In Rorhury, November 9, Herbert A. Kenny, husband of Mary C. Kenny. Funeral from his late residence, 246 Warren on Friday. November 12.

at 8:15 a. m. Requiem mass at St. Joseph's Church. Circuit at 8 a.

m. Relatives and friends invited. Late member of Rose Croix Council. K. of C.

Langley In Somerville. Nov. 10. at 24 Summer George M. Langley.

Services at Wilson Funeral Chapel. 28 College West Somerville. Friday. Nov. 12.

at 2 P. m. Relatives and friends inrlted. Burial private. (APR In Roxburv.

November 10th. Emma widow of Frederick R. Lape. Funeral services at her late residence. No.

12 East Cottage street, Thursday, November 11th. et 2 p. m. Interment at Athens. N.

Y. Friday, November 12th. gJEBKR In Brookline. Nov. 9.

Mrs. Anna E. Lieher, aged 60 years, widow of Angust C. Lieber. Services at the Forest Hills Cemetery Chapel.

Friday. Nov. 12. at 3 p. m.

Relatives and friends invited. lYNCH In Dorchester. Nov. 10, by accident, beloved hnshaDd of Nellie Lynch (nee Maher). 12 Johnson terrace.

Funeral notice later. JjetRRKLL In West Rovbury. Nov. 10, James F. Morrell.

Funeral services at hi late borne. 70 Lft Grange Friday. Nov. 12, at 2 p. m.

All relatives and friends invited. 8t. John. N. papers please copy.

9lLRPHY-i-In Dorchester. November 9th, Daniel husband of Joanna Driscoll Murphy. Funeral from residence. 29 Asplnwall road, Thursday morning. High mass of requiem at Et.

Matthew's Church, at 9 o'clock, ATT EILSO I Charlestown, Nov. 9. Daniel, aon of the late John and Mary Patterson (nee Oyle). Funeral from his late residence, 2 F.verett court, off Cawsey Friday, Nov. 12, at 8:15 a.

m. Solemn high mass at fit. Cafli-. erine'a Church at 9 o'clock. Relatives and friends invited.

8MITH In South Boston, Nov. 8, by accident, Geraldine beloved daughter of Emeriy and Dora Bonnln Smith. Funeral from parents' home. 189 W. 9th Thursday, Nov.

11. at 10 30. Services at the Grace Episcopal Church at 11.. Relativea and friends respectfully invited. BTAXSBCHY In Cambridge.

Nov. 9. George beloved husband of Bertha Stansbnrv (nee Foyl. Relatives and friends are kindly invited to attend the funeral, from his late borne. 226 Banks Friday.

Nov. 12. at 8 a. n. Solemn high mass at St.

Paul's Church, at 9 o'clock. JrLIJVAN In South Boston. November JOth. Grace, beloved daughter of Jamee and Mary (Dolly) Holbrook Sullivan. 18 years.

Funeral 119 st Saturday. November 13. at -8 a. m. Solemn requiem mass at St.

Eulalia's Church at 9. Relatives and friends invited. FYNK In Jamaica Plain, Nov. 10, Michael, beloved husband of Margaret R. Tyne (nee Mulqueeney).

Funeral from residence, 91 hherldan Friday, Nov. 12th. at 8:45 a. m. Solemn high mass of requiem at the Church of the Blessed Sacrament at 9:43 a.

m. Relatives and friends kindly invited. Please emit flowers. Boston Catholic Cemetery Association Tb 128th meeting of the members of the roston Catholic Cemetery Association will be eld at Guild Hall. 2374 Washington street.

Roxbury (over Cemetery offlee, Wednesday, November 17tb. 1926, at 8 p. for the election of six directors, and to HU vacancy caused by the death of our late treasurer, Jautea McCormick, and for the transaction of any other business that may be presented. Per order TIMOTHY J. GOOD.

President: FRANK McBARRON. Secretary. Boston. November 17tb. 1926.

Cambridge Lodge, No. 839, B. P. 0. Elks With regret we announce the death of our late Brother Irving J.

Reevea. Elks services at bis late residence. 107 Auburn Wednesday evening at 8 o'clock. Funeral Thursday, Nov Ilth. with services at the Church of the fedSato inendd 8 ('HAS.

halted Ruler; WYt. H. REARDON, JR Secretary. LADIES CATHOLIC CLUB Memorial requiem mass for deceased members to bo celebrated In the chapel of the Blessed Sacrament of the Cathedral Friday, Nov. 12.

at 9 a. m. DORCHESTER LODGE, A. F. A.

M. 'Brethren are notified of the death ofBrotber BTritt J. A. irpe on November H. Ji7funeral services will be held at 8t Mary pvnjiv.

s-vV, am YVr tflp mi pweopal Church, Lpbani fay, Nov. 11. at 1 p. 1 UOLJlfcS, a Introduced wearing the mask of respectability, who at times turns ravening beast, man cursed with the dual personality of a Mr Jekyll and Dr Hyde. It but adds another turning in the dark maze of plot and counterplot in this most mysterious murder story.

Never Was there a case that had so many clues that ran into blind alleys in so short a time. Mrs Hall, for instance, is accused of having committed the crime, and yet, aside from the improbability of a woman of fine fapiUy and high social connection, a dignified self-controlled woman who has lived a blameless life for 50 odd years suddenly turning into a murderess, it is a physical impossibility for a woman of ordinary strength to have slit the throat and cut out the tongue and mutilated another woman as was, done to Mrs Mills. Also, Mrs Hall has been charged with having assisted at the murder of her and his affinity at 10 oclock and at 2 oclock to have been still weeping over them. Yet the most hardened criminal in the world could have borne to have "to spend those ghastly dark hours with his victims. Nor would any murderer linger so long at the scene of his crime where he might at any moment be detected.

Likewise, Mrs Hall is accused of having strewn the love letters written by Dr Hall and Mrs Mills to each other, about their bodies, yet the greatest fool in the world would know that would be to point suspicion directly at her, and Mrs Hall is a highly intelligent woman. No Pathos In Case And Mrs Hall Is accused of knowing of her husband's murder, and yet going at 8 oclock on the morning after he did not return hem, to the husband of the woman he had gone off with, and telling him they were both dead, which would have been equivalent to publicly announcing her own guilt. And so it goes, mystery upon mystery, contradiction after contradiction, until it makes the plots of all the mystery story writers seem as easy to solve as a cross-word puzzle. And strangest thing, perhaps, in all this strange story is that there is no element of tenderness in it, no pathos. There is no love, no tears, no breaking hearts.

Hardly a trace of any human emotion. The detectives who questioned Mrs Hall the day the bodies were found were amazed that she did not yearn to mete out a stern punishment to whoever had murdered her husband. Assuredly, the Mills family feel the same way. They are utterly apathetic, and only want the dreadful business ended and to be left In peace. Mrs Mills husband and daughter and sister were in court but they were unmoved when her blood-stained clothes were shown and when they looked upon the ghastly replica of her skull and neck.

They do not make the pretense of mourning one who was a faithless wife and a recreant mother and who brought them nothing but sorrow and shame. And the same thing may be said of Mr Hall. (Copyright. 1926, by Public Ledger Company) QUESTION EX-CONVICT IN WINDSOR MURDER Continued From the First Page, charge, it was not until last night that State detective Edward Brown would admit that the ex-convict was being considered as more than a mere suspect in either the murder of Miss Gull Ivan or the attack on Mrs Pand-Jiris. Until a late hour last night authorities questioned and cross-examined Winters, but could secure nothing definite freon him.

The questioning was continued again this morning, when it was disclosed that Winters had been accused of assaulting a girl about two weeks ago. He admitted that he was in the vicinity of the alleged assault, but denied that there had been any assault to his knowledge. Attempt to Link Crimes Detectives have placed a circumstantial link in the chain of evidence connecting the two crimes. Anthorities have held consistently to the theory that the same man was Involved in the two incidents and it was learned last night, after Winters had been identified by Mrs Pandjiris as her assailant, that the Government was attempting to pin the murder of Miss Gullivan on him also. The identification' of the prisoner by Mrs Pandjiris last night followed the enactment of one of the most dramatic scenes ever staged tn New England.

Winters was brought to the home of Miss Margaret Evarts, 34-year-old invalid who at one time was an accomplished horsewoman and the daughter of the late Maxwell Evarts, attorney for the Harrlman railroad Interests. The Evarts home is a great estate a hill, but Miss Evarts preferred the smaller house and lived with her nurse; Miss Minnie Stack, the cook, and Blanche Foule, a fridnd. Last night, when jfhe hillside'was dark and the Evarts home was in darkness, except for a single light In the kitchen, the drama was enacted. WOMAN WINTERS THREATENED HER GUEST WINDSOR, Vt, Nov 10-In an effort to find the weapon used to kill Miss Gullivan, the investigators today enlisted the aid of Boy Scouts, who began a minute search of the grounds surrounding the cottage house where Miss Gullivan lived alone. Mrs Lillian Moot today told Sheriff Fairbanks for the first time of an attempted assault on a guest at her home three weeks ago, which she charged was made by Winters.

He called at the house while she was away, she said, and threatened Miss Madeline Badger of Manchester, with a revolver and attempted to assault her. ULUS, SLASHED IN 1910, DIED TODAY KANSAS CITY, Mo, Nov 10 (A. Jere S. Lillis, 63, retired banker and clubman, who attracted Nation-wide attention in March, 1910, when he was bound and slashed by the late Jack P. CudeAiy, son of Michael Cudahy, millionaire Chicago packer, died here today.

At the time of the attack Lillis was president of the Western Exchange Bank here. He was a bachelor. He moved In the same social circle as the Jack Cudahys. 1 Lillis and Cudahy were friends. Returning to the Cudahy home unexpectedly, the packer's son found his wife, Mrs Edna C.

Cudahy, with Lillis. Cudahy was accompanied toy his chauffeur. The pair bound Lillis with a Then Cudahy slashed Lillis with a knife, inflicting wounds on his face, back, arms and legs. There was no prosecution. The case received wide publicity.

Later the Cudahys moved to Cal, ifornla, where Jack shot and killed himself in Los Angeles in April, 1921, following poor health and financial trouble's. iBOUm W. M. 1.