The Brooklyn Daily Eagle from Brooklyn, New York • Page 1

0 NEWSPAPER GO Eli RIMER' lira uvi veil EVEHH THE 3RfAL NEffi BROOKLYN DAILY EAGLE The Evening mail hg gait TUC 1 ill" Iniflkto Baito JKitfs. 7 EVEMNG TV THREE CENTS. FAIR TONIGHT TUESDAY, SEPTEMBER 25, 1923. SCENE IN ANTI-KLAN WAR PDINCARE WILL ASK INTERALLIED BODY WARD'S TRIAL ENDS; STATE RESTS AFTER SECRET' CONFERENCE FT TROOPS MASSED TO BAR SESSION OF LEGISLATURE ill L- -V. National Guardsmen In Oklahoma rnrvlvlng instructions.

WONT REVEAL NOW OFFICIALS' NAMES IN STOCK SCANDAL TODEALJTHRUHR Arpiy to Be "Nearly Invisible" After Germans Withdraw Resistance. Paris. Sept. 25 (By the Associ. ated Press) Premier Polncare's next move In view of Germany's eoo- nomlc surrender will be to ask the Interallied Reparation Commission to deal with the new situation, It was Indicated today.

As soon as tho German Government officially withdraws its resistance orders, directions will bo sent Gen. Degouette to make the Ruhr occupation as nearly "Invisible" as possible. The action of tho German Government yestenlay Is not regarded here as finally clearing the situation in the Ruhr. The resistance there will be considered as ended when Berlin withdraws all orders given the functionaries and people of the Ruhr to resist the authorities of occupation. The French Premier's general view, it Is understood, Is that the Reparation Commission should avoid directions of a too specific nature to Chancellor fltresemsnn as to the expedients to be employed In straightening out Germany's tangled finances.

The German Government, it la felt, can best decide upon measures adapted to the temperament and circumstances of the German people. Paris Very Optimistic, Paris. Bent. 25 (By the Associat ed Press)-The newa that passive resistance in the Ruhr had been declared at an end was received here with satisfaction tempered with some uncertainty as to the eventual effect of Germanys move on me reparations question. In this connection Le rigaro re marks: "From the fact that It is impossible to make any prophecy as to Germany's willingness to pay her debt, Chancellor Stresemann may be of good faith.

But the abandonment of passive resistance in the Ruhr proves notning tor or againsi gooa faith. Stresemann yields to necessity. He lays down his arms because he lacks money." Telegrams from the Berlin correspondents of the Paris newspapers are in a cautious tone, suggesting that the end or passive resistance may not prove so important a fact as first appears. Predict New Allied Conference, London, Sept. 25 A new Allied conference In Great Britain, Italy and Belgium will take part Is anticipated by the London political writers as one result of Germany's decision to give up passive resistance in the Ruhr.

It Is now believed that Prime Min ister Baldwin will be very cautious In bis references to foreign affairs in his speech at Northampton on Thursday; he may Indeed confine himself entirely to domestic Issues. Resistance to End Immediately. (By CabUi to the Brooklyn Eagle and Phlla, Ledger; Copyright, mi.) Berlin, Sept. 25 Berlin has unconditionally surrendered to France in the Ruhr fight. Chancellor Strese mann ha convinced the leaders of the bourgeois parties with German Nationalist dteharda protesting that passive resistance was so futile and ruinous that Germany dare not attempt to hold out longer In hopes of winning concessions In return for abandonment.

Yesterday afternoon 840 political Continued on Page. S. CLARENCEB. SMITH Wealthy Real Estate Man Felled in Street Police Trail Suspect. While returning from a theater with his son last night, Clarence B.

Bmltb, 60, of 1448 President St. a wealthy real estate operator in the Crown Heights section, was attacked by a man who struck him down with a hatchet and fled. Mr. Smith was not wounded seriously and the police believe the know bis assailant and expect to make an arrest today. Mr.

Smith is a member of the Brooklyn Chamber of Commerce, the Brooklyn Board of Real Estate and was several times a delegate to Republican national conventions. Last night he and his son, Clarence 28 years old, left the Rivera, Theater on St. John's pi. after the performance and were walking home along Kingston ave. At Kingston ave and Union St.

the attack was made. Mr. Smith was struck in the back of the head with, the hatchet and fell to the street. His assailant, described as "a short and stocky man, hatless and wild-eyed," darted down Kingston ave. to Eastern Parkway pursued by young Anally lost sight of him.

In the meantime Mr. Smith was attended', by. Ambulance Surgeoa Schlff of the Swedish Hospital, for his injury, which consisted of a gajh about three inches long and a quarter of an inch deep, near the base of the skull. He was taken to his home where he is now under the care of his personal physician. Dr.

Farrand Plerson. This morning Dr. Plerson reported that his patient was doing well. Detectives Fcnnelly and Murphy of the Atlantic ave. station questioned numerous witnesses.

They are confluent that Mr. Smith's assailant is a man known to them and who lives in Qreenpolnt. In the opinion of tho detectives, Mr. Smith was mistaken for another man a nhvslcian living in the Crown Heights section and the owner of considerable real estate. There has been trouble between a relative of the suspected assailant and the Crown Holghts phytcian, the detec tives said.

The attack last night was do scribed by young Smith today as follows: "We were walking toward Union st. when 'I heard some one in back of us, I turned around and saw this wild-eyed a hatchet In his hand. Jump up and strike my rather. He said something wnicr. i couldn't understand and then turned around and ran back.

Mah-Jongg, Chinese Game, Not Gambling Manila Court Rules Though fortunes Art Won and Lott hy Player; Stuff Finn's Skill, Not Luck, Factor. Manila, Aug. 23 Mah-Jongg, the great Chinese game of dominoes. Is not a game of chance. A competent court of the land has ruled thus, and It Is so ordered.

The decision was rendered In a case against four Chinese arrested on the charge of gambling. Judge Manuel V. Moran based his decision on the case of the United States vs. Liong-sln. Judge Moran makes a lengthy analysis of the game in which he says that while the element of luck plays an Important part in the winning of the hand, the game in Itself Is one of ability rather than luck.

His conclusion that In Mah-Jongg fortunes may be won or lost Is based on a storv in which it is related that four wealthy Chinese once played the game, wagering a grain of rice for each title. The player playing East Wind, the story runs, put over a master stroke by virtue of which his three opponents and their descendants for three generations had to cultivate 1,000 hectares 1 acres) of land planted to rlco in order to pay what Bust Wind had won. NURSES AVERT PANIC IN HOSPITAL BLAZE Elisabeth, N. Bept 25 The vigilance and efficiency of the nurses at the general hospital here averted a panic early this morning, when fire broke out In a clothes closet. By their quick work the fire was confined and many of the patients were unaware of the happen-in.

Five patients wore removed from sn adjacent ward, while nurses calmed the rears or otners. Arraigned for Taking Truck Morris Bender, ST, of 178 Stanton Manhattan, who was arrested yesterday by Policeman Michael nntint of the Bedford ave station after a lively chase along Orand Vai arraigned today in tne wuiiams-liurg Court before Magistrate Golden on a chargo of grand larceny. VICTIMOFATTAGK BY MANWITH AX Realty Man Attacked By Mad Man With Ax Our Idea of having naught to do Is being a German bank clerk adding ciphers to the mark. Almost too much anxiety on the part of soft coal Interests to- have bituminous do Its bit First the miners meet the operators and then the consumers meet the Increase. Coal consumer we know Is plan ning to writ a book of reminiscences entitled: 'Increases I Have Met." Miners are back In the mines.

The.y have to go back so that they can walk out again. 1 N. H. 70 DROWNED DEEP IN MINE GUSHESJNJO PIT Scotch Diggers Trapped as Wall Collapses Under Pressure of Water. Glasgow, Sept.

25 (By the Associated Press) Seventy lives are be. Ueved to havo been lost early today in one of the worst colliery disasters In the history of the Scotch mines when a deep pit at the James Nlm-mo Company's colliery near Falkirk was flooded. The water which flooded the pit broke through the walls, of an adjoining nit which had not been used for many years. The active pit was flooded so quickly that there was no opportunity to warn the miners. They hud no chance to get to thej pithead and only one man escaped after the inrush of water began.

Frantic relatives of the victims rushed to the pithead, at which res cuers nustlly begun work, hut little, If any, hope was entertained of sav ing any of the unfortunates. Intruders Alarm Families Tlstol shots at 10 o'clock last night caused a near panic among the 40 families In the six-story house at 340 Koehllng st. Policemen George Knabb and Nicholas Abrambattl of the Clymer st. station came on the run and caught two ot the four men reported ns running through the hulls to the roof, They were Frank Muck. 20, a Jeweler, of 985 30th st.

and Ralph Plrcarelll, 20, a chauf feur, of 987 39th st who said they were "looking for somebody," Louis I i hhco, wholesale fruit dealer living on the fifth floor, explained the pistol shots as coming from his kitchen where four men, trying to open a small safe, opened nre when he ask ed what they were doing. The two mm were arraigned before Magis trate Goliirtt in the Williamsburg Court on a charge of burglary. The police are looking for the two who escaped. w- 'Js CLARENCE B.fjlTH HERE AND NOW Defense Lawyers Smilingly Leave Judge's Chambers Following Consultation With Prosecution Will Move Today for D' misssal Jury to Hew Arguments Tomorrow. fSpedoJ to The Eagle.) White Plains, Sept.

26 The "most dramatic, moment of the trial of Walter S. Ward for the murder of Clarence M. Peters came at 10:11 o'clock this morning, Ave minutes after court had resumed Its session, when Attorney General Carl. Sher man, leader of the prosecution. -arose and announced, "The State rests Its case." Walter A.

Ferris, Assistant District Attorney for the past nine years and the only witness called, had just stepped down from the stand. -Justice Wagner had Immediately previously sustained the objection of tbs State to a question put to Ferris by Allan R. Campbell, defense counsel, as to whether be had made thor ough examination ot tbs Ward -fcsM In New Roehelle a few days after the shooting. It has been expected that the prose cution would rest Us esse today, but the end came suaaemy. wara ana his wife looked at each other, and smiled broadly.

Isaao N. Mills, chief of defence counsel, Immediately requested that the trial be postponed until tomorrow morning and the Jury be allowed to go home. "This has come so suddenly that I am not prepared to go on with my opening to the Jury." he stated. "I should like to have a night to go over It." Shermsn acquiesced and Jungs Wagnsr dismissed the Jury until tomorrow, with another warning that they do not discuss the case wth any one. It is understood that at 10:45 the defense will move before Judge Wsgner for a dismissal of the case- Before Court resumed session Ralph L.

Ward, brother of the defendant, was taken Into Justice Wagner's chambers, presumably fr a 1 ruling on what testimony he could give If called as a witness by the prosecution. With hm went Attorney General Sherman and Isaac N. Mills and Ellwood M. Rablnold of Ward's counsel, and a stenographer. When Ralph was called before the G'and Jury, which Just IndlcUd Ward, he refused to tell the subject of the blackmail on the ground It -was hearsay, having been given him second-handed by his father.

His position was upheld by Jostles Joseph Morschauser. Defense Highly Pleased. When they returned Ave minutes intor, Ward's counsel were smiling heartily. Asked the purpose of the conference, Rablnold replied: "Ask the Judge." Ferris, the only witness called today was questioned by Deputy Attorney General Chambers. He said he had not turned -over a fountain pen and penoll and a pair of socks, sold to be missing from Peters" possessions, to the State.

Peters' Mother on Stand. Following the appearance on. the witness stand of Mrs. Beryl Curtis Ward, wife of the defendant, yesterday, Mrs. Eldrldge Peters, the gray-haired mother of Clarence Peters, testified In defense of her son's char acter, which has been attacked by the attorneys (or the young millionaire.

Mrs. Peters was thoroughly shaken by the ordeal, particularly when sh was asked to Identify two letters written by Peters to her Just before he left South Carolina, where he was mustered out of service end once or twice she broke down and sobbed into her handkerchief. Mrs. Peters said that her son was 19 when he died. The largest wage he eva-r received, she said, was tit week, and that he gave all to her.

"You've heard about the automobile he Is supposed to have stolen?" asked Special Deputy Attorney General Thomas J. O'Nell. "Yes." she faltered, "but It was only a Joy ride he rode In It and then left It." "And this watch?" "It was a girls watch. She gave It to him. I don't think he stole It He" her voice trailed sway Into nothing.

Mr. O'Nell picked up two letters and passed them to Mrs. Peters. As she recognljed them she put her handkerchief to her eyes. Directed by the attorney, though, she looked at them.

those sre his," she repbtd. "After receiving those Utters from your boy" a long pause "ths next thing you heard was that' he had been shot out on this road?" "Yes." Mr. O'Nell sat down. "No eross examination," said Judge Mills, attorney for Ward, gently-1 Kldrtdge Peters, the father, testified briefly to the effect that he had never heard his son mention "Chsrlis Ross" or "Jack Rogers" or Waltaf Ward. Mother of Slain Youth Testifies at Ward Trial Mrs, Jn.

mother of Clarence M. Peters who was killed by Walter 8. Ward, saw Ward for Km vwiterriflV when she was a witness at the murder trial. ARTICLE IS LOST 01 A SINGLE VOTE 1 4 Persia Alone Against Resolution in League Assembly. Geneva, Sept- 26 (By the Associated Press) The proposed resolution for the Interpretation of Article of the League ot Nations covenant was rejected by the League Assembly in plenary session today.

Persia alone voted against the resolution, but a unanimous vote was necessary to obtain the Assembly's approval. COURT DENIED NEW TRIAL; MUST SERVE LIFE TERM Atlanta, Sept. 25 The Georgia Supreme Court denied Maj. Lee H. Coart, retired army officer, a new trial on a charge of murder growing out of the death of A.

B. McN'lece, county school superintendent at Tat-botton, In October, 1921. Major Coart was convicted and sentenced to serve life, following one of the most sensational trials In Georgia history. Tho defenso contended thut Coart killed McNIrce about Coart'a wife, while the State charged that the defendant killed McNIece about McNIece's wife. turned with the opinion thst they had proved the Mongolian plateau to havo been the center of dispersion ot the most ancient animals traced.

Dr. Osborn and Roy Chapman Andrews, the naturalist, consider, a spectacular feature of their discov eries the 25 fossilised dinosaur eggs which1 they found. These are the first dinosaur eggs to be reveaJed to science, according to members the expedition, who said that hitherto It had not been known that the dino saur laid eggs. The eggs are ellip tical, nve to six inches in length their shells now covered with a buff colored coating. Their age Is esti mated st ten million years.

The explorers brought out 11 skulls and 12 complete skeletons ot these terrible llsards." as the two Greek words forming the term dinosaur describe them. The expedition also found numerous remains of mammals of a glanl rhlnneeros-llke beast which Is said to prove kinship among the earliest fauna of Asia and America. The Party traveled In motorcars, hut carried the supplies by a caravan of 70 camels. if if PS PLAN TO INTERPRET "Shoot to Kill, if Necessary," Is Order Given by Oklahoma's Governor. Oklahoma City, Sept 25 (Br the Associated Press) State troops, with orders from Gov.

J. C. Walton to use all fore of arms if necessary, are being marshaled here to prevent the Impeachment session of the lower house of the Oklahoma Legislature called for noon tomorrow. Determined legislators are gather ing meanwhile, to lay final plans for attempting to meet In defiance of tne Executive. Irrevocably pledget to his course, Governor Walton last night Issued instruction to Gen.

B. H. Markham to draw upon ail the military forces of the State If necessary to block the proposed assembly. Expressing the' hope that no excessive- measures would be inquired, Governor Walton asserted, nevertheless, "shoot to kill" orders would be given the troops should. sucnflrasuc action be necessary to disperse legislators.

With the crisis approaching, the executive commanded all male cltl-sens of th stats between the ages of 21 and 45 years to hold them. eives in readiness 10 come to tne assistance ot tne sovereign State of Oklahoma" when summoned by the governor or the adjutant general. The "citizen soldiers" were ordered to prepare to bear such arms as they or are able to obtain. Tne governor's order declared that the proposed house session would oe an unlawful assembly dominated by the Ku-Klux Klan, which organ ization unaer nis martial law proclamation is declared to be an enemy of the State. Furthermore, he charged the meeting would be "in defiance and violation of the statutes of the State of Oklahoma, now un der military law, and also contrary to tne constitution and laws of the State." It would be a direct at tempt to break the peace, he asserted.

If the legislators attempt to hold the session at any place In the State other than the State Capitol, Adjutant General Markham is Instructed to take steps to prevent such a move. Determination to fight to the last ditch for what they claim to be their right to convene and consider the Executive's official acts was ex pressed by the House members. That they had no Intention to resort to force, but would take their case to the courts, was the statement of all the legislators interviewed. Husband Flogged by "Band. Tulsa, Sept.

25 The whipping of Norman Chesher, a young married man of Mounds, Tulsa County, by masked men who fifteen minutes before had attended church services in a body was described in testimony before the military court of Inquiry here, which made public by an officer of the tribunal Mrs. Chesher, wife of the victim, testified she did not witness the ab duction, but learned of his expert ences "when he returned home late at night with his clothes torn and his back a mass of bruises." She said he did not identify any of his assailants. "His health was broken by the flogging and other mistreatment he received that night," she said. "He never has been well since then, and now Is In Hot Springs, under a doctor care. ARTHUR S.

SOMERS HURT WHEN MOTORCAR UPSETS Arthur 8. Somers, president of the Brooklyn Chamber of Com merce, Is at his home, 988 Sterling today, suffering from a crushed hand and mutilated finger which he received on Sunday when his car. In which he and his son Fred were returning to Brooklyn, skidded on the wet pavement and overturned on the road between Canaan and Mlddlebrook, Conn. Tho son was uninjured, but Mr. Somers was taken three miles on a motortruck to the nearest phyBlcian, where ten stitches were taken in finger.

Mr. Somers la more comfortable to. day and was able to get a little sleep last night, although the hand Is still very painful. AWAITS FORD DECISION ON MUSCLE SHOALS Washington. Sept.

25 Possibility of further negotiations between the Government and Henry Ford for the purchase of Its remaining properties at Muscle Shoals, Alabama, hinged today on the Detroit manufacturer's decision as to submitting a revised offer excluding the Oorgna steam power plant. This part of the prop erty was sold by the Government yesterday to the Alnbama Power Company nt a pries of approximate. ly ii.sao.ouv. i A End of World Expected By Chinese Sages as Cycle of CatHay Closes (Bv Cable to Ths BrnoMvn Eagte and Phlla. Ledirr1, Copyright 19ZS.) Shanghai, Sept.

25 The end of the world Is due, according to some foreign missionaries, backed by various Chinese sages. The missionaries base their pronouncement on the Book of Daniel, while Chinese superstition regards this year as one of tremendous calamities, being the terminus of a cycle In Cathay. The Christian prophecies and the earthquakes and landslides have created great fear among the populace. The year, according to the Chinese calendar, opened In Fob-ruary with thunder and lightning, confirming the opinion of those believing in supernatural Inter vention. -I G.O.P.

LEADERS SPLIT ON SUPREME COURT; CALDER FOR KAPPER Kracke Wants Straight Republican Named-Livingston Is Ready to Support Law. The Republican triumvirate Calder, Kracke and Livingston is split three ways on the Supreme Court nominations, and the O. O. P. Executive Committee, which will meet on Friday to determine whether Justice Isaac.

M. Kapper is to be Indorsed or Charles B. Law named to run against him, doesn't know which way to turn or wnicn member of the triumvirate to follow. Apparently Senator Calder favors nn Indorsement for Justice K.ipper, while- Appraiser Kracke stands for a Republican nominee; but connict- Ing stories are told shout commis sloner Livingston's attitude. One Is to the effect that he told I -aw lust spring there wouldn't be a chance for him to get the Republican nomination this year, as there wasn't going tp be any; and another Is to the effect that he told Law he'd hack him to the finish.

All that Livingston would say today was: "If Iho Executive Committee decrees that It wants a Republican candidate, I am for Law." The Democrats charge that An pralser Kracke Is playing a little gume of his own, In standing agalnat an Indorsement for Jusllee Kapper, They claim that Kracke wants War ren I. Lee nominated for Supreme Court next year when Justice Asplnull retires, and that he wants to get Law, who Is Livingston candl dute, out of the way this year. The Republican Kxecullve Committee met yesterday and llntcned to committees representing the bar as-soclatlons of the id Judicial Depart-ment, who spoke In favor of an In- dorsement for Justice Kapper. The Crook lyn Bar Association was repre sented hy Edward T. Horwlll, Meier Slelnbrlnk.

Charles J. McDeimolt, Edward H. Wilson. Ralph K. Jacobs and a number of others, Republicans and Democrats.

A. H. Eastmond who appeared al the meeting ns an "Independent Democrat, spoke against I he In dorsement of Kapper by the Re publicans. Tho Executive Committee took no action, hut decided to meet on Frl day night and decide either for or against indorsing the Democratic nominee. It Is probable that tho members will follow the same course that the Republicans in New York County follow In order that the charge of Inconsistency cannot be hronnht against them.

"The Republican party cannot he Dr. Jeykll one siue or tne nridge and Mr, Hyde on (he other," declared the Kiippcn supporters today, Tlu power of Henntnr Calder as Republican lender seems to he at ii'''o again. He Is believed to he In fnvor Or Indorsing Justice Kapper. is confronted with the task of whipping the Executive Committee Ir.to line by Friday night, Exchange President Says Disclosure Would Serve No Serious Purpose. The announced determination ot Seymour L.

Cromwell, president of the New York Stock Exchange to withhold publication of tho names of the "public officials" who he has said indeavored to use their official position to obtain favors from the exchange is expected precipitate a serious clash between the exchange president of District Attorney Jocab H. Baton wnhen the former returns to New York City, probably this afternoon. Mr. Cromwell stated definitely this morning that he would not dispose the names at this time. Mr.

Banton said today that Mr. Cromwell would be aubpenucd ns soon as ne returns from Atlantic City, where he made his sensational charge In a speech before the Clear ing House Section of the American Bankers Association in convention there. The Stock Exchange nresl- dent is said to have hinted- closely at me identity of the "public offl. cials." although he refrained from naming them. The District Attorney was plainly incensed when he learned of the veiled charge and he said that he pro posed either to brand Mr.

Cromwell as "talking carelessly" or else obtain from blm Information which would form the basis of Indictments against the officials who allegedly used their positiona In an effort to obtain favors of the Stock bxchange; Banton's Statement. In a typewritten statement Mr. Banton said: "There is an implied statement In Mr: Cromwell's speech that three public officials have attempted to extort money or to otherwise blackmail the Stock Exchange on threats of possible hostile legislation in the event the threats were not complied with. "As soon as Mr. Cromwell returns to his office he will And awaiting him a subpena to come to the District Attorney's office and tell mo who these men were- and what threats they made or I'll expose, him to tho world as laiaing carelessly.

"If those threats were made I shall prosecute the persons who made them. I don't caro who they are. Mr. Cromwell says that the machinery of the District Attorney's office had broken down In the prosecution 'of Edward M. Fuller and William F.

Mctleo of the bucketing Arm of Fuller Co. "The machinery of the District Attorney's office has not broken down, nor has It at any time during my In cumbency approached anything near thut situation, possibly it might Interest Mr. Cromwell to learn thai since I became District Attorney 42 bucketing brokers were convicted of fleecing customers, and only two of those thus far tried on bucketing or grand Inrceny Indictments havn been acquitted, "That number- of conviction' In such cases exceeded very greatly the number of convictions for those crimes obtained under all my prod" cessors. Now t'ndcr Handicap. "It is true that under Iho decision of the United States Supreme Court I may take the books of a broker which have been placed In the hands of a trustee In bankruptcy.

It may Interest Mr. Cromwell to learn thai that decision was olitnlned nn my argument In tho United Slates Supreme Court. "Tho public should know, how ever, that a broker who does not go Into bankruptcy, hut who has power-ful financial Interest? hock of him. may commit all the crimes permitted hy the laws of New Yo: Slate and I can't take Bis books." Fossilized Dinosaur Eggs Ten Million Years Old Discovered in Mongolia Peking, Sept. 26 (By Associated press) Dinosaurs the colossal reptile creatures of a prehistoric era laid eggs five to six Inches long, and they had nests like any gentle domestic fowls of today.

The early beasts of Asia and America were kin and roamed across the two continents on the land bridge thut Joined them In those remote times. These nre some of the discoveries announced by the Third Asiatic Expedition of the American Museum of Natural Hlstorv on Its return here efter Ave months on the Mongolian The party was In Peking today with what lis members termed the largest And of the remains of prehistoric animals In the history nt paleontology. Nine tons of fossils luve been collected and will be flipped to America. One of tho leaders of the expedition, Henry Fairfield Osborn, the paleontologist, laid the fossil beds found In Mongolia were the largest known In science. The adventurers of science re..