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

A H-T iF A II ST Ail i BROOKLYN FAIR TONIGHT AMI TOMnnnfW; MOT). FKAIE TtMI'lRAlUKE; LIUIT WINDS. Ttmptralure tociny, m. (Eiglt Irar ago (Partly cloudy) 7' Mean average (or 10 yean, mine 7) Compute Report on rage 14. WALL STREET, CLOSING PRICES FOUR O'CLOCK MX Volume No.

NEW YORK CITY, FRIDAY, AUGUST 31 192S. 20 packs. THREE CENTS Exile Captured SER TOWERMAN IN TUBE WRECK HEARST PREDICTS DEFEAT OF SMITH ON RUM QUESTION MERE CLERK, ANTON SAYS; WANTS I. R. T.

TO EXPLAIN HERE AND NOW Smith and Bull He Dodzed King Not Trained Man at Throwing Switches, Declares Prosecutor in Probe. Believe One That Caused Fatal Times Square Crash Was Seldom Used. Mm. it t. IJ'fr 9,1,1.

District Attorney IJanton this after noon began an Investigation to learn why Harry King, who he declares neither a switchman nor a towermau for the I. R. T. but a train clerk, was assigned to the tower at Crossover 17 last Friday when a train was dc railed, killing 18 persons and Injuring 100. The District Attorney received that intormatlon late lust night, and today, with Assistant District Attorney Brothers, began inquiries.

In the absence of Frank Hcdlcv. president and general manager of the I. R. and James L. Quacliciibush, aenrml counsel for the road, the spokesmen lor the company, nothing was said at the I.

R. t. offices regarding this new development. Not Trained at Switches. From unofficial sources, however, It as learned that a train clerk is in reality an assistant dispatcher.

Clerks are of course highly trained, "h-ii in ineir particular line of work. But iney ao not have to do thi manual laBor of throwing switches. The District Attorney is anxious ti learn why King was sent to the tower under such conditions. Unofficially at the I. R.

T. offices It was said that the new development was of no great importance and that it would certainly be shown that Kin was a competent man. According to Banton, it has been learned that William E. Baldwin, maintenance of way man who is held in $10,000 ball sen King to the Times Square tower. Switch Seldom Used.

In addition to the chares that Kin was neither a switchman nor a tow-erman. it was also hinted today that Crossover 17, the switch which caused the wreck, is seldom used. No more than four, or sometimes five or six trains are 'deadheaded" nr. thot switch, and those onlv Hnrim. rush hours.

Photo shows Governor Smith with the prize Guernsey bull at the Syracuse State Fair yesterday just before the animal became lively and charged another bull. The Governor, on the alert, stepped out of the way as the bull reared and then dashed past him. 1 KELLY, ENDS LIFE GAS Former Undertaker Owned Fleet of Taxicabs Body Found by Son. Francis J. Kelly.

60, of 1123 New York a former undertaker and for the past five years owner of a fleet of taxicabs, committed suicide last night, according to the police, by Inhaling illuminating gas in the home of his son, Ambrose, at 458 E. 34th st. Mr. Kelly was well known In Flat-bush and numbered among his friends most of the leading politicians of the boro as well as numerous Judges and prominent lawyers. For the past 25 years he had been president of Division 35 of the Flatbush Chapter, Ancient Order of Hibernians, and was a former county president of the order.

No Reason Given. No reason could be given by members of Mrs. Kelly's lamily for his act. He was in good health, tliey said, and apparently was in excellent spirits yesterday. According to the police, Mr.

Kelly ended his life in the celiar of his son's home by inserting one end of a new rubber tube in his mouth and fastening the other end to a gas jet on the wall. He had bound a hand kerchief around his (ace and hrd cut a hole in it for the tube, which was held in place by a piece of string. Last eveninpr, according to Mrs. Kelly, her husband had telephone conversations with several friend. At midnight he announced that he was going out for a short walk.

Awakened by Odor of Gas. It was learned later that he Tent around the corner to his son's home. Ambrose was not in at the time. The son arrived shortly before 1 a.m. At 3:45 Ambrose was awakened by the smell of gas.

He traced It to the cellar and found his father's body flumped In a chair. Ambulance Surgeon Miller of Kings County Hospital said that Mr. Kelly had been dead about two hours. Mr. Kelly is survived by his wife, Mary; four sons, Ambrose, Owen, Francis Jr.

and John, and three daughters, Mrs. John McGuire, and the Misses Mary and Alice Kelly. Drove Old Horse Cars. Last year when the Ancient Order of Hibernians held its state conven tion at Coney Island, Mr. Kelly was Continued on Page 2.

A MM LEADER There may be a "whispering cam- nalen" eoine on but it isn't being conducted via the street radios. And to date the oratorical battle between the two great parties hasn't risen to even a whisper. Neither party, at its June conven tion, had the foresight to put a strong anti-August plank In Its platform. The campaign Is so quiet you can hear the issues dropped. Story from the Coolidge summer camp tells us how the President shot a predatory heron that was about to gobble a helpless fish.

Evidently Cal vin doesn't realize that he's not running for offlse. HARDIN 2 DRUG SLEUTHS, 1 COPS INDICTED Told Court Only 2 Pris-oners Were Taken in Roundup That Netted 3. The Federal Grand Jury here this afternoon Indicted two Federal narcotic agents and two patrolmen of the police narcotic squad on charges of perjury. They were Agents William J. D'Arcy and Samuel Truncone and Patrolmen Harry Addy and John J.

O'Brien. They are charged in the Indictment with having falsely testified before Federal Judge Marcus B. Campbell on June 27 that two narcotic law defendants then before the court were the soleprisoners taken In a roundup of heroin peddlers at Throop and Park on April 30. Three Men Were Arrested. There were actualy three men arrested that night, the indictment sets forth, the third, one Carmine Youron, alias Thomas Battles, alias Thomas Thuron being subsequently restored to liberty by the officers and his arrest not rcgorted.

The pair held for trial were Anthony Florino. 24, of 706 Flushing ave. and Joseph Donato, 28, of 7 Tompkins ave. Florino pleaded guilty when the case was called, uonato stood trial and was acquitted on the officers' testimony that they at no time had seen narcotics actually In his possession. Broke Away from Guards.

Fiorina told the Court that an ounce of heroin he sold to a Gov ernment informer he had obtained from Donato. He was sentenoed to three years Imprisonment. As he was led from the courtroom Fiorlno, shouting threats to kill Donato at the top of his voice, broke away from deputy marshals. He was overtaken and subdued beforo he could reach Donato, who fled for the stairs when Florino broke from his guards. Phils Trail Braves FIRST GAME.

Phillies 010000 Braves 110200 Batteries McGraw and Greenfield and Spohrer. Lerlan; Pirates Lead Cards (First Game) Cardinals 1 0 0 0 0 Pirates 3 0 1 0 Batteries Alexander and Smith; Kremer and Hargreaves. ON PERJURY GOUNTIN E'SFOE 1AI CAUSE STIR Rome's Agents Believed to I Have Worked on Swiss Soil to Capture Exile. Lugano, Switzerland, Aug. 31 (P) The arrest at Camplonl of General Cesare Rossi, Italian political exile, and his woman companion is alinst certain to have diplomatic consequences, It is stated here.

The local Swiss authorities have sent a brlet report of the circumstances to the government at Berne. It is pointed out that foreign agents undoubtedly operated on Swiss soil in order to get Rossi across the border. Camplonl is Italian territory but it is bordered on three sides by Switzerland. Had Woman Companion. Alleged details of the General's movements before he entered the Italian town, where he was arrested Immediately on his arrival, are published In the Gazette Tlcinese, a local newspaper.

The story states that Rossi arrived in this city last Tuesday registering at a hotel under the name "Paolo Bazzali" and giving his rationality as Italian and his residence as Paris. He was accompanied by Mme. Marguerite Durand who registered as a resident of Paris also. Pr.rlj Sees Complication. Paris, Aug.

31 Of" International complications were thought possible today, due to the arrest of General Cesaro Rossi, exiled former Fascist leader, on what was termed a "sentimental Journey" Just over the Italian border from Switzerland. Some Swiss dispatches questioned the regularity of the capture of the man who, with Mussolini and two others, organized the famous mnrch cn Rome, and later fled from Italy when he became a foe of Mussolini. There are various versions as to how Rossi was "enticed" across the border. Some say a woman Fascist agent lured him there. Saspect Fails in Holdup To Raise Defense Cash Chicago, Aug.

31 UP) Strolling the streets under $44,000 in bonds, Frank Covelli decided he needed money for his legal defense to charges of kidnaping, robbery, larceny and assault. His plan for getting some was frustrated last night, however, when he tried to wrest a box containing $1,500 from the hands of Paul Desterre, a restaurant manager. Desterre struck Covelli and threw the box into the street. A policeman collared Covelli as passersby scrambled for the money. The restaurateur recovered his bills and Covslli's four charges Increased to five.

SOVIET ADHERES TO KELLOGG PACT RENOUNCING WAR Meadow, Aug. 31 (P! Soviet Russia has consented to adhere to the Kellogg-Brland renunciation of war pact. Acting Foreign Commissar LitvinofI today handed to the French Ambassador the answer of the Soviet Government to the invitation extended through France that Soviet Russia adhere to the pact. The note says the pact imposes certain obligations upon the countries before the bar of public opinion and gives the Soviet Union a new possibility of submitting to all the signatory nations the question of disarmament. we had in the park," shot and left to bleed to death; a sea lion half blinded, and a rare shoebill stork whose upper mandible had been crushed by a stone so that he came within an inch of choking to death.

Need More Guards. Said the doctor: "There have been other instances, altnough these three are the worst and the most recent, bringing matters to a climax. The only thing to do is to put such a protecting fence around the Zoological Garden that the hoodlums and morons cannot get in by stealth, as many of them do now. "We need at least two men as special policemen who could patrol the whole Dark constantly, and In addition it may cost $4,000 to $5,000 to put a high wire fence around the park an! keep out the stone throwers. We have got to do something." Shot Down Gazelle.

The Dorcas gazelle was found dead In a corner of its runway one morning with a rifle bullet Imbedded in its ribs. "I could cheerfully wring the neck of the human wretch," said Dr. Blair, "who would stand off with a rifle and shoot down a beautiful, gentle little creature of that sort in captivity. It was murder nothing less." "Stata St. SiJIf" Vltaphona Thrillrr with Conrad Nagel.

AU-Vltaphont show stsrts ITO mm Lawyer Censured by Texas Judge in Liquor Case Seeks $50,000 Damage. F. R. Scrri, Brooklyn attorney who was roundly scored about two weceks ago by Judge William H. AtwtU of Texas during a trial In Federal Court here today served a summons on Judge Atwell In a $50,000 suit charging slander.

The suit was brought on Judge At-well's last day In Brooklyn. The Judge Is expected to return to Texa. tomorrow. The cvontrovcrsy between Judge Atwell and Serrl grew out of the trial of Miss Angelica De Luca, 40, of 283 Hudson who was charged with violating the Prohibition laws. Serrl asserted that the remarks of Judge Atwell were "unjudicial and despotic" and that they were "inducements to lawlessness." The remarks were made after Serrl had attacked the credibility of a Prohibition agent who was a witness.

11 TILT Perkins Poor in Walker Singles Sweetser and Ouimet Also Ahead. Chicago Golf Club, Chicago, Aug. 31 141) Bobby Jones set a fast pace today in the single matches for the Walker Cup with the British team and, scoring 33 and 34 for a 70, despite a water penalty, took a lead of 11 up over T. P. Perkins, British champion.

None of the other matches were so one-sided, and in some of the eight contests the Britons took a lead, but not big enough but what it could be overcome in the afternoon, while some were wiped out before the morning round ended. Jones Misses 5-Foot Putt Jones, after missing a 5-foot putt for a par on the 1st hole, got 5 pars and 2 birdies before he flubbed a shot from the rough or the 9th hole to the pond and took 6, while his opponent, being wholly off the game that won him the British title, got only three perfect holes and took 42 strokes to the turn. Coming home Bobby scored every hole perfectly except for a birdie 4 on the 527-yard 18th, while the Briton could not get his poise and look 41 for an 84. The 9th hole was the only one the British champion could win and he halved only 5. The American champion needed no spectacular shots, as aside from the 1st and the 9th he played well with all his clubs.

He got down a couple fairly long putts but he was seldom in serious trouble calling for startling recoveries. No Thrill In Runaway. The large gallery that followed this match at the van of the others was pleased with the fine golf of the American title-holder but got no thrill from the one-sided contest. Dr. William Tweddell, captain of the British team, had better success than Perkins, scoring a good 73 and gaining a lead of 3 up over George Von Elm, who took 41 for the second nine to total 77.

Francis Ouimet did not do so well as Jones, but he came within a stroke of par 70 and got a lead of 6 up on Maj. C. A. Hezlet, who took 10 more strokes than the Boston star. Jess Sweetser brought in another hal-fway lead for the Americans by getting a 3 up advantage over W.

L. Hope, although neither played well. Sweetser used up 41 strokes to the but braced somewhat on the easier second nine and got 38. Jess was 4 up at the end of the 17th, but he found a trap on the home hole and lost with a six. Continued on Page 2.

the 13th Regt. in Brooklyn and started to stay out nights, she said. She added that she told him that she believed many members of the National Guard merely were using the armory as a clubhouse so they could escape being home. Mrs. Lyon submitted a letter which she said her husband wrote her.

It read in part: "I am no doubt causing life to seem extremely rotten and more or less ruined for you and on my side of it well, mine has been shot to the devil for a number of years. Something went out of me long ago and It never came back. Regardless of what you think, Bobby Is the supreme being of my life now. Can't you for the sake of Bobby carry on make your own associationsgrant nothing to me, for I expect nothing and live your life as you see fit." AUTOMOBILE GUIDE OF LONO ISLAND New 1928 edition. Includes new Ftvecolor Road Map, 61 In.

by 15 In. Routes and distances. Motor Vehicle Law. At Eagle offices and dealers, Quid) and map, 50c. i by mall, 55c Adr.

OPENS AGAINST CHARGING 1 I TO JONES I Prohibition False Issue, Says Publisher in Cable to Eagle. Take Crack at Raskob's "Nonsense," and Nicholas "Money" Butler. Ten days ago The Eagle sent to William Randolph Hearst the following cablegram: "William Randolph Hearst, "Paris, France: "Whom will you support for President and what Issues will determine the election?" The Eagle today received the fallowing cablegram from Mr. Hearst, who Is the owner of a chain of 27 newspapers: "Editor Brooklyn Dally Eagle: "Apparently the Democratic party Is endeavoring to make its opposition to Prohibition the dominant issue of the campaign. I doubt, however, If the Democratic party can make Prohibition the dominant Issue and, furthermore, I do not believe the party could win on that issue even if It could make that Issue dominant.

I say this, notwithstanding the fact that I believe Prohibition is proving Itself a failure in America Just as It has proved a failure In every other country in which it has been tried. Nevertheless, a vast majority of the people of America are temperance people and have not as yet lost faith, or at least hope, in Prohibition as a temperance measure. "There is a popular belief that Prohibition was imposed upon the country during the war. while a majority of our voters were unable to register their disapproval. But the plain facts are that more than two-thirds of the 'local option districts of the United States were dry long before the war and that the dry Federal Act was but the national and natural expression of that dry local option majority.

The people of these same districts are still dry and are not going to change constitution or legislation until they have lost faith in Prohibition as a remedy for the liquor evil. I believe that day will arrive, but I do not think it has arrived. Must Uphold Constitution. "My second reason for not believing that opposition to Prohibition can be made a dominant or successful issue in his national Presidential campaign. Is that every intelligent person knows that the President has absolutely nothing to do with making laws or altering the Constitution.

The President is an executive officer. He executes laws which are made by Congress and Congress must make laws In accordance with the Constitute, else the Supreme Court nullifies them by declaring them unconstitutional. This is not merely elementary, it is rudimentary. It is within the knowledge of every pupil of a primary school. The Constitution of the United States has Prohibition written into it by a vote of of the States of the Union.

Ths President of the United States Is solemnly sworn to uphold the Constitution. As long as Prohibition is In the Constitution, the President must uphold it Just as he must uphold every other provision of the Constitution. Otherwise he would be a perjurer and a traitor and should be Impeached and would be Impeached. Raskob Talking Nonsense. "When Mr.

Raskob asks Mr. Hoover what his attitude will be in regard to Prohibition if he is elected President, Mr. Raskob is talking nonsense and knows it. At least I hope for the sake of General Motors that he knows it. What can any President attitude be towards Prohibition as long as it is in the Constitution? He must eitner uphold the Constitution, as he swears to do, or he must defy the Constitution.

And how can we elect any man President of the United States who would declare that he would defy the Constitution? And how do we know that If he would defy the Constitution in one respect that he would not defy It in other respects? "There is enough defiance of law by private citizens. Must we also have defiance of the Constitution by the President to please Mr. Raskob? Let us all be sincere In these important matters and, If we can't be sincere, let us at least be sane. The President is compelled to uphold the Constttu tlon and if the people do not like what is in the Constitution, they, the people, must change the Constitution. "The President cannot change it.

Congress cannot change It. No Federal official can alter it in any respect. The only way the, Constitution can be changed is by a vote of three-fourths of the States of the Union. A vote of three-fourths of the States of the Union put Prohibition into the Con stltutlon and only a vote of three Continued on Page 9. Over and Above Board Business is built on psychology.

You hear the optimistic side rather than the pessimistic, so that no doubt may creep into the prospect's mind. With Eagle Classified Ads we like to play the game over and above board. Take our cancellations, for instance something that most people would never dare to mention. We have many of them, and are proud of it. For most of our cancellations are signs of results.

Like Mrs. Margaretten, 974 46th street, who advertised for a house-worker on a weekly basis and was forced to cancel after one appearance because of so many excellent replies. Entrust your household duties to a capable nurse, cook, maid or housekeeper, and secure a good one quickly through an Inexpensive Eagle Ad. For convenience phone Main 6000. TO TO HELP HOOVER ORDERED ENDED Nominee Advises Letup in Drive After Summoning Mrs.

Willebrandt. Eagle Bureau, 901 Colorado Building. By JOHN BILLINGS Jr. Washlncton. Aug.

31 Overwhelmed by popular criticism the Prohibition Unit has decided to play no more Republican Presidential politics in the enforcement of the Volstead Act. The question, it is understood, figured In the conference yesterday between Herbert Hoover and H. Ed mund Machold. new O. O.

P. State Chairman of New York, and William H. Hill, Hoover prcconventlon man ager In the State. This understanding was materially strengthened when Mrs. Mabel Walker Wllieorandt, as.

slstant Attorney General, to whom the spectacular dry activities in New York have been charged, was dramatically summoned to the Hoover iirnuquui tela jut la ioia. nun wic oublican nominee. Though none of the participants would discuss this Dhase of tne cam palgn today, it Is generally known that Mr. Hoover wants all his sup porters to "pipe down" on Prohibition in every political form. Taking notice of the vigorous com plaints against the Administration's dry service as a result oi speciacuiar liquor raids 'in New York and other debatable territory on the eve of a national campaign, Assistant Secretary of the Treasury Seymour Low- man, in charge of Prohibition, has issued confidential orders to all administrators and agents to avoid the sensational in the performance of their duty and to eschew every word and act with a political suggestion.

The Republican chiefs of Prohibi tion enforcement here in the Treasury apparently thought they could do Herbert Hoover as tlieir party's Presidential nominee, a lot of political cood bv means of soectacular liquor raids which would create the general impression that the dry law was bein? vigorously enforced rignt unaer uov ernor Smith's nose. After the raids were well under way they suddenly woke up to the fact that they were making countless protest votes for the Democratic Presidential candidate by their tactics. One of the upshcts ot the recent raids, in the politics! world, is that Mrs. Willebrandt has lost a lot of her pull" around Hoover headquarters. Now that the ra'ds have been laid it her door and slw refuses to dis avow them.

It is generally felt that won't get nearly as much out of a possible Hoover Administration as ne would otherwise. Bathing Suit Caught as Thief For the last two weeks thefts of milk had been reported. This morn ing Mr. Murins saw a blanket-draped figure stealthily ascend the steps and rim on with tnree bottles. Mr.

Murins and Patrolman John Healey gave chase and caught the fugitive. At the police station, insis tent questioning brought not a single rrnonse from the prisoner. Later, in Flatbush Court, Francis E. Day. an interpreter, questioned the girl In French, Spanish, Italian, Russian, Hebrew and Englisji.

She appeared to understand Spanish, but remained mute. Magistrate Dale ordered her taken to Kings County Hospital for vjrf'i TION RAIDS It was said, unofficially, that regular towerman is employed there, and that when the time comes to rteadheed trains, men are sent tip from 54th st. section to handle ths switch. All these things added to the mystery now surrounding the cause of the wreck. The information about i King was the second new bit of Information given the city and prosecuting officials since the wreck, although Hedley himself talked for more than an hour with them the night it hep- pened.

King Not Listed as Switchman. was that Michael O'Connor, a motorman, was in the switch tower when the accident happened. Until yesterday none of the officials knew that someone in addition to King was there. O'Connor told Assistant District Attornev George N. Brothers today that he wail there under orders to report to "the man in the tower" that he was ready to operate the train which had been, deadheaded Into the blind switch.

That train, however, did not reach the switch, since Baldwin admits ha keyed it through" to Chambers st, instead of stopping it at Times Square. Efforts to learn whether King was really a switchman or towerman I brought to some interesting data I today. The lists of I. R. T.

employees of 1927. the only ones available, did not show him to be either. He was not listed among the members of the I. R. T.

Brotherhood of Switchmen and Motormen, nor in the lists of towerman. Workers on the road explained that he might have been a switchman's helper, and that he might have been In the tower because he had had certain training. No Definite Cause Yet Found. However. It was pointed out, a train clerk is not required to learn switching.

If he was sent to the tower it was in an emergency," according to this unofficial Information. It was King who notified Baldwin that Crossover 17 was out of order Just before the train which was derailed went through it. It was King who remained in the tower while Baldwin and Joseph Carr, his helper, went to the tracks to "key through" the other trains. It has definitely been established now that King and O'Connor at leas were in the tower when the train was derailed. But the District Attorney said today that his Investigation had not progressed far enough yet for him to ascribe a definite cause of the wreck.

Li f. Captive Animals Stoned In City Zoos by Hoodlums; Gazelle Slain With Rifle lllS 1 KILLED.5HURTBY LIGHTNING BOLTS Trolby Passengers Injured. Stone Cross Is Knocked Off Church Steeple. Cool breezes this morning brought relief to the city after yesterday's heat, which reached its maximum at 3:45 p.m., when the mercury climbed to 83, had caused seven deaths and many prostrations. Last night's thunderstorm, however, exacted its toll for lowering the temperature.

A man was killed by lightning in Trenton, five persons were slightly Injured when a bolt struck a trolley in Queens, the heavy stone cross of a Brooklyn church toppled from the steeple and traffic on the Long Island Railroad in the vicinity of Jamaica was disarranged when lightning struck a power house at Van Wyck blvd. and 94th ave. The storm did additional damage in other parts of the city. Frank Lynn, 45, of Morrisvllle, N. was killed when a lightning bolt struck a racing stable at the Trenton Fair Grounds.

A racehorse owned by John W. Lewis of Morrisvllle was killed also. Four Tasscnjers Injured. The Queens trolley, bound for Jamaica, was struck by a bolt at Queens blvd. and Continental Long Island City.

The lightning entered an open window near the motorman, and then flashed along the floor of the car to the rear. The motorman and four of the passengers were treated for shock, contusions and abrasions of the legs by an ambulance surgeon. They were Anthony Buck of 42 De-bevolse the motorman; Morris Gutin, 113-09 Jamaica Jamaica; Mrs. Margaret Kennedy, 70, of 524 W. 124th Manhattan: her daughter.

Alice, and Norma Manns, 39, of 1502 Jamaica Jamaica. All were able to go home after receiving medical attention. Strikes Radio Aerial. The stone cross was knocked by lightning from the steeple of St. Phillip's Lutheran Church at.Forbell and McKinley fcves.

The cross ripped a large hole in the roof of the church, but bounded off and landed, practically undamaged. In a grass plot. Another bolt struck a radio aerial on the roof of two-story dwelling at 11 Cypress ct. It ran down the lead-In wire to the first floor, blew out the tubes of the radio in tne apartment of Frank Morltz and then leaped to a piano which causht fire. Continued on Page 2.

Gypsy Girl in And Blanket Clad only In a bathing suit, with a soiled and worn Navajo blanket thrown around her shoulders, a mystery girl, apparently a gypsy about 20 years old, who was arrested at 3:50 a.m. today at E. 46th st. and Kinss Highway, has presented a perplexing problem to the police and Magistrate Dnle In the Flntb'ish Court. The girl, who has been entered on the police blotter as "Jane Doe," is accused of stealing three bottles of milk from the front porch of the home of Morris Murins at 1711 E.

4th st Her real name Is not known. The complainant is William Finlan, a route salesman for the Borden Farm Products Company. Sea Lion's Eye Cut by Missle, Stork's Mandible Crushed in Bronx Matches Thrown to Monkeys in Prospect Park. Officials to Ask Higher Fence and More Guards. While Dr.

W. Reid Blair, director of the Bronx Zoo, announced today that he would ask the Board of Estimate for protection against the "hoodlums and morons" who have injured and even killed some of the rare animals under his care, word came today Wife Charges Abandonment When Mate Spurns Her Love from the zoo in Prospect Park that there also the life of the animal residents has been a harried and unhappy one. Children and grownups with the moronic sense of less than children, declared John O'Bri'n, keeper of animals in Prospect Park, have been annoying the buffaloes, throwing stones at the alligators anj exciting and teasing the monkeys. Appeals to tne constituted authorities, said O'Brien, have proved in vain. At his request two or three po'icemen have issued summonses to the animal-baiters, but the have only laughed the cases out of court.

"I guess if one of the Judges had some one throw a stone at him while he was helpless in a cage," suggested O'Brien, "he wouldn't find It a laughing matter." Throw Matches to Monkey. The buffaloes and alligators, he explained, were the chief victims of the stone-throwers, while the monkeys are fed popcorn, peanuts, cigar and cigarette butts and matches, which the smartest of the monkeys sometimes proceed to light, bringing on the possibility of a fire. The director of the Bronx Zoo listed among the victims of the hoodlums a Dorcas gazelle, "one of the prettiest and most delicate bits of animal Hie STOCK EXCHANGE IN MAD SCRAMBLE ON RISING MARKET Stocks continued to soar in record breaking fashion today, with advances i 3 and 10 points in leading Issues n.it uncommon. All sorts of stocks were bid up In the mad scramble, which completely swamped the trading facilities and put the ticker 25 minutes behind quotations on the floor at various tunes. Trading approximated 4.000.000 shares.

moving torces behind the tremendous wave of buying were mainly of a financial nature, although there was no news in the day to indicate any change in the general prosperity of the country. The failure of brokers' loans to increase more than $34,000,000 during the past week was the sign! fcr the big buying movement, whlcn continued almost without lnterruptloa until the last hour. For the first time in the history of New York State, according to Supreme Court Justice Stephen Callag-han In Brooklyn, the question was raised today whether a wife Is abandoned when her husband, though living in the same house, refuses to treat her as his wife. Mrs. Mary Theresa Lyon, of 3422 32d Astoria, Queens, filed suit for separation from her husband, John Frederick Lyon, manager of the dry goods firm of Morton, Sondow Manhattan.

She filed an affidavit today stating that her husband for the past few years had refused to treat her as his wife. They were married on Sept. 3, 1921, and have a four-year-old son, Robert Frederick Lyon. Mrs. Lyon moved to her mother's home in Astoria two weeks ago, she said.

Justice Callaghan said he doubted whether there was any law in the State which considered Mrs. Lyon's case as abandonment and he gave attorneys for both sides until tomorrow to look up the statutes. In her affidavit Mrs. Lyon said that her husband became cold toward her five years ago. He was a member of Saturday kljn Mark Strand-Adr,.