Times Union from Brooklyn, New York • 49

THE WEATHER: Fair Today, Tomorrow Increased Cloudiness and Warmer. EIGHTIETH YEAR JEW AVENGER FREE IN DEATH OF "BUTCHER" Courtroom Crowd Stages Wild Demonstration and Is Ejected With Force By MANY WOMEN IN THRONG Prisoner, a French War Hero, Slew Gen. Petlura for His Massacres in By JOHN O'BRIEN. (United Press Staff Correspondent.) Paris, Oct. Schwartzbard, Russian Jewish war hero, was acquitted by an assize court jury today of the assassination of the Russian anti- general, Simon Petlura.

Jews of many nations, jammed in the courtroom to hear the final stage of a trial that had attracted worldwide interest, cheered frantically when the verdict was announced. So uproarious was their demonstration that police in the courtroom were compelled to charge them and eject them by force. Many Women in Crowd. Women were prominent in the crowd that heard the announcement of Schwartzbard's acquittal. Many of the crowd, unable to enter the courtroom, awaited the result in the corcidors.

Schwartzbard's victory was compiete. Not only had be admitted the assassination--in front of a cafe-but had boasted of it in court. His justification was that he killed Petlura, called by Jews the "butcher of the Ukraine," in vengence for those of his race murdered in massacres by Petlura's soldiers during his anti-Bolshevik campaign. The case went to the jury at 5:40 P. M.

In their summing up, attorneys for Petlura's relatives had termed Schwartzbard a "cowardly assassin" And declared that he murdered Petlura, not in vengeance for massacres. but at the orders of Russian Communists, whose hated, enemy the anti- Bolshevik leader had been for years. Asked for Jail Sentence The Attorney General, in his final statement to the jury, did not side with them. Ile would recommend, he said. a sentence that involved certain time in jail." Schwartzbard's counsel, encouraged by that indication even of official sympathy for his client, followed with an impassioned address of two hours.

"I demand full acquittal for my client," Torres shouted. "I demand it in the name of the French revolution in the name of those of our nation who died in the World War; in the name of humanity and of the prestige of France, at whom the whole world is looking." Torres' reference to the war dead Was due to Schwartzbard's distinguished service in the World War, when here served with the Foreign Legion and won the War Cross. The entire day was devoted to oratory. It had been expected the trial would last a week or so longer. But late yesterday, after examining a procession of witnesses.

Maitre Torres turned to his opposing lawyers. "I could go on like this for days," he said. "All the witnesses will testify to massacres of Jews and to Petlura's responsibility for them. "What is the use? If those on the other side agree, I am ready to turn the case over to the jury tomorrow." The jury was out only twenty minutes. COUPLE ADMITTED TO BAR Lee Hermann and Wife to Open Joint Office.

A marriage that has every earmark of success was discovered today when Lee Hermann and his wife, Frieda L. Hermann, both of 309 20th were admitted to the bar by Presiding Justice Lazansky, of the Appellate Division, After a high school courtship, the couple attended the Brooklyn La' School. and during their course were married 011 Christmas Day. 1924. Mr.

and Mrs. Hermann intend to open offices at 2G Court st. It's Easy to Sell Your Car HUPMOBILE SPORT TOURING. Inte 1925, one-piece windshleid, belloon tires. winter top: perfect mechanteal condi.

ton: needs paint only: sacrifice. 8283. Phone Ingersol 6603. "I sold my car the first day the ad appeared. I was surprised at the number of people who read your little ads and thank you for the help," said Mrs.

W. Moran of 140 E. 39th Brooklyn. For results CallTRIangle 1200 Ask for. an Ad Taker.

The THE LARGEST BROOKLYN, LAIDLAW ADMITS HE USED CENSUS FRAUDS AS CLUB Told Legislative Leaders They Must Pass Appropriation to Cc -plete the Work or an "Embarrassing" Exposure Would Result; Says Inquiry Would Have Been Averted If Funds Had Been Voted. PERCY B. SCOTT Virtual admission that he alleged irregularities of the legislative leaders as a club appropriation bill for the was made today by Dr. Walter HAT IN RING (United Press SENATOR CHARLES CURTIS. By Press.

Topeka. Oct. Charles Curtis. Kansas, Republican, in a letter to Roy L. Bone, State Bank Commissioner and secretary of the Kansas Curtis-for-President Club, today formally announced himself as an active candidate for the Republican Presidential nomination.

The letter was in reply to one written by Bone to Curtis, informing him of the activities of his home State club. LAWYER BRANDED IN SUPREME COURT Misappropriation of Court Funds," Laid to A. J. Halpin by Justice Strong. Denouncing Abraham J.

Halpin of 170 Broadway, a lawyer, for "wilful misappropriation" of $1,150 court through his hands in a mortgage foreclosure. Supreme Court Justice Strong informed the attorney today he had called the matter to the attention of the Bar Association. lalpin was counsel for Samuel Silverman in an action against the Lousan Really Corp. to foreclose a $10,500 mortgage on property at Hampton ave. and Amherst Manhattan Beach.

The property, sold in foreclosure, yielded $17,000 above the mortgage. Prior to the sale, the defendant had paid $1,150 on account. It 1s charged Halpin retained this money. Justice Strong, before whom the case came for settlement, said to. day: "In view of the delays in the administration of criminal procedures, it seems a pity that the defaulting attorney could not be summarily dealt with.

But the failure to turn over money may not be treated as a contempt of court even though ordered returned by the court. Nor may ho (attorney for the plaintiff) be similarly punished for a contempt of court for payment of the full amount of the judgment in which affidavit he concealed the fact that he had the $1,150 in his possession which should be applied to the judgment. attorney is not only guilty of sharp practice and extortion, but decelt and willful misappropriation of court funds. The payment by the referee was an over payment, in view of the frequency with which offenders seem to escape the consequences of their own doing and in aid of the administration of justice. 1 have deemed it my duty to call this matter to the attention of the Ear Assoelation of the City of New York: with instruction to take action on the matter." EARTHQUAKE IN MISSOURI Marshall, dietinet carth shock was felt here today.

Doors and windows were jarred open. Dishes rattled in homes. Nol damage was reported. Brooklyn NEW YORK, WEDNESDAY, OCTOBER 26, 1927 -24 PAGES PRICE 2 CENTS CIRCULATION BRUUKLYN NEWSPAPER WITH CLOSING PRICES Daily Edition Wall Street BERRY TO DEMAND ALL SUBWAY FUND CUT FROM BUDGET Controller to Vote Against 1928 Appropriations, Whether Tax Rate Rises or Not. FIGHTS DELANEY PROGRAM Says Transit Request Added to $27,000,000 Already Given Is Too Heavy Burden.

Controller Berry will vote against the adoption of the 1928 budget by the Board of Estimate, now totaling about $511,000,000, as long as it includes any appropriation for subway construction under the Delaney program even if the present basic tax rate remains the same, he said today. "I am opposed to adding any fur. ther to the subway burden that the public is carrying." Gen. Berry stated. "This burden on the taxpayers, even without the adoption of Delaney's scheme, amounts to $27,000,000 in this year's budget for subway cost and that is all that the present generation ought to be asked to carry.

"Te the Delaney plan is adopted then the budgetary contribution will have to be increased every year." Subway Fund Trimmed. The Board of Estimate last week, over Berry's opposition, voted to include $20.210,000 in the 1928 budget as the initial contribution to the program of subway construction under the Delaney policy. When other late' additions brought the budget total up to nearly $525.000.000, the board in executive session decided to cut out $13.000,000 of the total and bring it down to $511,000.000. in order to keep within the present basic tax rate of 2.66. Although no official statement has been given out the budgetary items to be slashed.

it is understood that the funds for subway construetion will not exceed. $13.000.000. In addition, other cuts to be made will wipe out increases already approved for playgrounds, for the Fire Department and other municipal departments. Ask Short Term Bond Issue It is also expected that the Board of Estimate will consider a resolution at tomorrow's meeting, to be introduced by the Mayor, for the issue of $52.000,000 in short term bonds: This will be the first step in the issuance of. $310,000,000 of short term bonds in the next five years under the Delaney plan for subway construction.

These bond issues will be redeemed every year out of money appropriated in the Vital changes will have to be made in the Delaney prohowever, on account! of gram, cut in this year's appropriation. Delaney's calculations were based upon a total of $20,210,000 being allotted in the budget. It is understood that, with only $13,000,000 set aside this year for the purpose of meeting the issue of short term bonds, the burden would fall more heavily on succeeding years. General Berry also sounded a warning that the carrying out of the Delaney financial program will result in a lack of funds for the construction in future years of fire houses and police stations and establishing parks and other improvements, books of the Finance Department revealed that about $27,000,000 is included in the 1928 budget for subway construction. The Controller feels this contribution to rapid transit is sufficient.

CHINESE SUES WHITE WIFE William Ming, Wealthy Importer, Asks Divorce After Raid. William Ming. of 335 State A wealthy Chinese importer, applied to Supreme Court Justice Dike today for a divorce from his white wife. Mrs. Anna Ming.

They were married in July, 1924. They have no children. Two private detectives testified that, accompanied by Ming. they raided a house at 174 Canal hattan, August 18 and found Mrs. Ming in the apartment with a Chinese.

Justice Dike reserved decision for two weeks, to give counsel time to try to get further evidence. The action was undefended. Heir to DuPont Millions Enlists in U.S. Air Service Camden, N. 36.

Alexis Felix Da Pont, of Wilmington, son of the vice president of E. 1. Du Pont De Nemours and pany, was on his way today to Brooks Field, San Antonio, Texan, to begin service as a cudet in the Army air service. He is 22 years old. His salary for the 3 years of the enlistment period 13 to be $75 a month with $1 a day for maintenance.

He is the heir to at least 1,100 SAVED AS LINER SINKS A AFTER EXPLOSION FAR AT SEA 48 REPORTED AS MISSING Correspondent.) Albany, Oct. 26. had held information concerning census funds over the heads of bring about passage of an completion of the census tabulation P. Laidlaw, executive secretary lof the Cities Census Committee Under a severe grilling from Randall J. Le Boeuf, Moreland commissioner.

investigating charges of misfeasance and nonfeasance in office against Mrs. Florence C. S. Knapp, Laidlaw also admitted that if the appropriation had been passed the present investigation probably would not have materialized as he have been too busy." "Did you ever say to any legislative leader that if the appropriation bill, were passed, there would be nothing doing?" asked Le Boeuf. Thunderstruck, He Says.

"The nearest approach to it was that as a Republican I was thunderstruck at my discoveries. I think I told Senator Knight--in a letter. think--that in case the Legislature adjourns without passing a reapportionment bill and an appropriation for tabulation, nothing could prevent a humiliating disclosure." Laldlaw said he had never seen duplicate expense vouchers and card records of expenditures kept by Miss Anna Little, auditor in Mrs. Knapp's office. "You didn't know they were in existence?" Le Boeuf asked, "No," he suid and added that he was not "interested in what was in the cellar or Miss Little's wiles." Before Laidlaw went on the stand George R.

Hitchcock, secretary of the Civil Service Commission, produced nine letters from the commission's file and handed them to Le Boeuf. The letters, he explained, were originals from Mrs. Mark Stern, relating to census appointments and had been overlooked in sorting out such letters at the request of Le Boeuf, made before the hearings opened. Names of Appointees. He also produced a large number of cards containing the names of socalled provisional census appointecs, who were not to receive more than $30 a year, but some of whom did.

The cards, Miss Julia Ryan, chief clerk of the Civil Service Commission, had testified, had stroyed in accordance with custom. Hitchcock explained that before Miss Ryan had been suspended she had made an effort to retrieve some of the cards and that the batch presented had been found in her desk. While he was testifying. Civil Service Commissioner William Gorham Rice brought in ten or more cards and turned them over to Le Boeuf. It appeared that Mrs.

Knapp intended to make' her answer, in part at least, direct to the public. Apparently having given up hope that she will be invited to appear on the witness stand without signing a walver immunity, the for. mer Secretary of State released the first of a promised series of affidavits setting up her defense. Mrs. Knapp's Charges In her first statement, after denying all accusations, she charges, briefly: That she made some appointments at the request of Gov.

Smith, Mayor James J. Walker and other leading Democrats, as well as the Republican leaders. That if there was any waste of census funds, it is due to Robert Moses. present Secretary of State. who urged the legislature not to appropriate more money to.

complete the tabulation. That she put the daughter of Mark Stern, her. deputy on the payroll, because, she says, Stern told, her he was under heavy expense and needed the money. That she named a large number of women to the census payroll at the request of Sarah Schuyler Butler. vice-chairman of the Republican State Committee.

SHIP THAT SINKS OFF BRAZILIAN The Ill-fated Italian Liner, Princess Mafalda WHERE SHIP SANK BAHIA BRAZIL SHIP SUNK HERE OCEAN RIO DE JANEIR. HASKELL. BEATEN IN APPEALS COURT Dike Upheld in Barring Name on Ballot Twice; Contest If Defeated at Polls. Albany, Oct. The Court of Appeals today denied the petition of Reuben L.

Haskell, of Brooklyn, seeking to place his name twice on the voting machine, both under the emblem of the Republican Party and the bunch of grapes emblem of the AntiDry League as the candidate for county judge. In a procurian opinion, the Court of Appeals said: "We hold in the circumstances of this case that there was 110. unjust discrimination to the prejudice of the petitioner. "The Anti- League nominated A single candidate for a single office. A member of that league would have no difficulty in finding the name of that candidate upon the machine and would not be diverted by the form of the machine into a belief that the name of such candidate was to be looked for elsewhere.

"The question is not here whether unfairness or prejudice would result if the league had nominated other candidates whose names were placed 011 a separate horizontal column to the exclusion of the petitioner and as to that we express no opinion. "The order should be affirmed without costs." The decision of the Court of Appeals sustaining Justice Dike's refusal to grant a mandamus compelling the Board of Elections to place Judge Haskell's name twice on the ballot was anticipated here. Judge Haskell himself accepted the news of the decision which prohibits the placing of his name on the ballot more than once as something been expected. He renewed, however, his intention contest, in the event of his defeat at the polls on Nov. 8, to the election so far as it.

related the judges of the County Court. Under the statute a candidate's name may appear but once on ballot, but alongside it may be placed the emblems of the parties regularly nominating contends him. that the Judge Haskell statute is unconstitutional. and the election contest actually 18 made, will be on the ground that the petitioners who joined making were deprived of their Haskell the Party, nominee constitutional rights, in not walng given a separate row en the Princess Mafalda, of Italian Line, Goes Down Quickly After Mystery Blast. MANY VESSELS GIVE AID on Way to Brazil; Boiler Blow Up or.

Mine Blamed for Disaster. FRIEND TESTIFIES LEE MADE PLANS TO FLEE COUNTRY Expected to Forge $1,000 Check, Says Clerk, Who Identifies Wrapping Paper. Paper found wrapped about the legs of a woman, discovered last July in Battery Park, was identified today in County Court as a sheet given into the hands of Ludwig Lee some time before. The identi-1 fication was made by Christian Jen. sen, formerly of 28.

Prospect who has been detained in Raymond st. jail since July 10 as a material witness for the State against Lee. on trial for the murder of Mrs. Selma L. Bennett of 16 Lincoln pl.

A few moments after Jensen was excused following cro's-examination. Assistant District Attorney Frederick L. Kopff sprung a surprise on the defense by drawing from Otto Neilsen, a. friend of Lee, the statement that four days before the murders of Mrs. Bennett and Miss Sarah E.

Brownell were discovered. Lee informed him he forge a check for $1,000 and then escape to Norway. Haggard From Jail Stay Jensen, who, at the time of his commitment to jail, had been a rosy-cheeked youth, looked pale and haggard. He was neryous on the stand, especially during the long grilling by Reilly, Jensen said he moved into the house at 28 Prospect where parts of the bodies of the two women were found, late in May or early in June of this year. He knew Lee intimately through their joint tenancy of the house.

At that time, he said, he was a clerk in an A. P. grocery store at 116 Ave. 0. On Tuesday, July 5, he said, he met Lee when he got back to the house from work and asked for Miss Brownell, owner of the rooming house.

as he wished to pay his rent. Lee said Miss Brownell had gone away. Quarrelled With Miss Brownell. Lee told him, he said, that he and Miss Brownell. had quarreled and she had ordered Lee out of the house.

"Why don't you go?" he said he asked Lee, and Lee said he was going to move. On Wednesday, July 6, he said, he saw Lee' again. "I was on my way to my room," he said, "and noticed the parlor door was opened. Lee was in there and I went in and asked him why he hadn't moved. "He said Miss Brownell had phoned him and asked him to take care of the house.

He asked me for my rent, but I told him I wouldn't give it to anyone but Miss Brownell. "On Thursday, July 7, I saw Lee again and he wanted to know how much we (the A. charged for lye. I told him 13 cents. He said he had been charged 15 cents and had bought $5 worth.

He told me there was a. bad smell in the house and the drains were clogged and he wanted the lye to clear the drains. "On Friday, July 8, started to walk upstairs to my with a package under my arm. was in the parlor and he asked me what was in the package. Wanted Wrapping Paper.

"I went into the parlor and opened the package and showed him a lamp I had bought that was a small. table lamp. Lee looked (Continued on leer The TEAPOT OIL LEASE WAS KEPT SECRET SAYS ROOSEVELT Testifies That Deal Had Been Closed With Sinclair Before He Knew of It. Washington, Oct. The Govcomment today called Theodore Roosevelt, son of the late President.

as a witness in the Fall-Sinclair oil conspiracy trial. Roosevelt, the former Assistant Secretary of the Navy, was summoned to support the Government' charge that former Secretary of Interior Albert B. Fall--not Secretary of Navy Denby and other Navy officials-was chiefly responsible for the lease of Teapot Dome to Harry F. Sinclair. Rubs Elbows with Fall.

Roosevelt brushed elbows with Fall as he entered, but gave no sign he recognized the defendant "Were you familiar with the war plans (calling for fuel tanks along the seaboard)?" Prosecutor Cien Roberts "Yes." Roosevelt replied. did you learn of the lease of all of Teapot Dome?" "In the latter part of April, 1922." "Prior to that did you know the reserve was to be cased?" "No." (The lease was signed April 7, 1922). Roberts ended his examination at that point and Martin Littleton, detense chief, asked many questions regarding the "war plans" for oil storage. (Roosevelt said the plans were drafted in 1919 by the Navy General Board and revised from time to (Continued on Following Page.) RUTH ELDER SMILES DESPITE HER ILLNESS By United Press. Lisbon, Portugal, Oct.

26. Miss Ruth Elder today made as rapid: recovery from a sudden illness as she inade after her dramatic rescue from the Atlantic on her airplane dash for Paris. It was announced this morning that she had spent a bad night, was suffering from abdominal pains and a bad cold, and must remain in bed at least until Thursday. Dr. Russell.

of the English colony here, was called immediately by American Minister Fred Morris Dearing. At lunch time today Miss Elder appeared smiling, vivacious and looking well, and joined Dearing at his meal. Clad in her plus-fours and sweater, Miss Elder discussed her plans to go on to Madrid and Lisbon. At her request, a member of the Legation staff telephoned to the crew of au airplane awaiting her that she hoped to start for Madrid tomorrow. Despite her gameness, Miss Elder is not regarded as having recovered completely, and Dr.

Russell is attending her closely. 20 YEARS FOR SLAYER Ry United Press White Plains, N. Oct. Mileto, 27, known better as "Solly Cheesecake." was sentenced today to serve from 20 years to life in Sing Sing Prison for second degree murder. By U.

G. KEENER. (United Press Staff Correspondent Rio de Janeiro, Brazil, Oct. company officials at Bahia, Brazil, and Buenos Aires declared today that between 1,100 and 1,150 passengers and crew had been rescued of the 1,256 aboard the Principessa Mafalda that sank off the Brazilian coast last night. Officials of the Navigazione Gencrale Italiana, owners of the liner.

informed United Press at 1:30 P. M. that they believed cnly 48 persons had been drowned. This statement was not cabled by the United Press at the time it was given out because of its conflict with other figures. Later the company stated that message had been received from the head office that the ship's passengers and crew numbered -not 1,198 as officials had thought when they made their announcement regarding the number of victims.

There appeared little doubt that most of the passengers and crew had been saved, and that what had been announced earlier as a major marine disaster would prove of lesser importance. Brazilian naval men say there arG no rocks in the vicinity of the disaster. They believe, because of the large number of rescued aboard some ships, that several rescuers were able to reach the Mafalda before she sank. Steamship company officials today declared they believed "an external cause, probably a floating mine," had caused the ship to sink. Radio messages had said she was in trouble with a broken propeller shaft, and that water reaching her boilers caused the explosion.

40 Confusion Over Radio. Various official reports, in Rio de Janeiro, Bahia, Bueos Aires and London accounted for 274 more than the number supposed to have been aboard the liner. The air all along the Brazilian coast was filled with crossing radio messages. It was regarded as possible either that names of ships had been misread in official messages, or that some passengers had been transferred from one to unother of the rescuing vessels and thus counted twice. The 1 ring.

list of rescued was compute. from announcements various points: French steamer Formosa 4 5 Dutch steamer Alhena 460 British steamer 400 British steamer Empire 200 German steamer Baden 17 Italian steamer Rossetti 13 Steamer Salem (unknown). The total 1,550 Apparently the ship had been fighting against impending disaster for several days, hoping to make port. At 7 o'clock last night the dreaded so: signal was picked up from her at Bahia, Brazil. Steamers at sea had picked it up before and were going to the rescue.

The Principessa Mafalda, it developed, had a broken propellor shaft. Water forced its way in from the stern to the engine room. At 9:14 the water flooded the boilers and there was a tremendous explosion. The liner sank rapidly, A desperate effort to make for land after the explosion proved tile. The Principessa Mafalda is believed to be lying in about 120 fecu of water.

Today halt a dozen steamers almost as many nationalities were bound for Brazilian ports with survivors. Other ships had reached the cinity of disaster, and the Brazilian scout cruiser Rio Grande was proceding under forced draft from Rio de Janeiro, whence the government despatched her during the night. One Passenger of Note. Steamship officials said there WaS but one of note--Prof. Corrado Girl, president of the Italian Statistispi Institute at Rome, Most of the first and second cites passengers were of Brasilian.

Argebtine or Italian nationality. Officials expressed no hope that the number could be reduced b- lev 300-more than have been loct fu Asked why he chose the air serv. ice, he said: "I want to fly as long 85 I can and die like a gentleman." Capt. A. L.

Barber, who adminis. tered the oath to Du Pont here, told the recruit he would have to go to Texas in ANT upper berth because the Army doos not provide lower berth transportation for recruits. "I guess I'll manage to scrape together the difference in price and in a lower berth." Du Pont said..