Oakland Tribune from Oakland, California • Page 1

Oakland and vicinity Tonight and in the morning, cloudy or foggy; fair during the day; moderate westerly winds. 1 11 (rl "i A 'f ii xs-i UVAL ALdJ. 1 1 1 1 i 1 1 i Unttfd Pros International lUw Service VOLUME XCVI FIVE CENTSSUNDAY TEN CENTS. OAKLAND, CALIFORNIA, MONDAY EVENING, JUNE 5, 1922. Cnr-vYtfcht by Tr.IBL'N Co.

22 PAGES NO. 156. 1 I I A -T- ry 1 7 I' I' i i I i i I nil i i i 1 i- i t. i i Ml aw in iV: IRISH REBELS rimcmsmavmB nrrrn-rrn nil 1EIITIIIB: SET FREE BY COURT Powder Co wlaM UtltllltlUH mmm mm mm AD SCHUSTER 'ULbltKLIIIt TWO DRYING Tribune Airplane Picture of San Lorenzo Powder Plant Pictures taken by staff 'photographer of Thp tRIBVjSE 'U official TRIBUNE plane showing the Trojan 'Powder Works at Roberts 'Landing? near San The exact location of tJw shattered buildings is indicated by the arrow. Below is a TRIBUNE photograph of the wreckage of.

today's explosion. Nothing but piles of splintered wood remain of the '-'w 2 iniil I 1 i lirtA 1 u4 Insurgents Retreating After Being Driven From Petigo by British Troops; 30 Are Reported Slain in Battle Shells Hurled by Attackers Cause Panic in the Ranks of Fleeing Republicans; Invaders Are Forced Back BY OTTOED IEASED WIRE TO TRIBUNE. BELFAST. June S. Irish Re publican lnaurgent troops are re treating from Ulster Thirty Republicans are reported to have been killed in the battle for Petigo, on the Donegal-Fermanagh border, taken by British troops late yesterday, A British staff officer who entered the border town furnished latest details of.

the affair. He said he gave the insurgents fifteen minutes to evacuate. Some retreated but 100 remained. When the time limit expired, the British entered the town in the face of machine gun fire, whereupon artillery upon the hill to the north was called into action. A British detachment fired a one- pounder.

over the town, which caught civilians, killing several. Only four additional shells were fired, these, bursting in the rear of Pettigo, causing a panic In the ranks of retiring Republicans. Casualty lists are as yet incomplete. FOR FURTHER ACTION'. TCrlttnh tfntTM rAa.

fnnanUAlaA their positions and prepared for 'further action against the Sinn Felners. Belfast's week-end victims numbered 22, of which three were killed and 19 seriously wounded. J. W. Flanagan, a local magistrate of Newry, County Down, was shot and.

fatally wounded as he mass. Three assailants escaped in an automobile towards Free State territory. Flanagan had been a marked man for some time, having prosecuted several civilians for carrying A communique Issued today said even of the British troops were known to have been killed on the Fermanagh border and that a Lewis gun was' captured. British artillery fired a few rounds against a rebel machcine gun firing from a wood behind Pettlgu. -mmmimmmmmmnmmmmmia nnmiw'iWB in in i iirvrii ry-TJTrrnrjvTTrr: "iritri .5.

-f THE SLUMP. JUST when everything was going smoothly and it looked as If he' had his place secure, Leo Regan, heavy hitting center fielder for the Bears, had a slump. Men have figured out what makes a "prize fruit tree have Its off year and the record-breaking hren is excused for an occasional let-up in the, production of eggs. What it is that causes the fence buster to lose his batting eye and turns the ter- ror of the pitchers Into an easy mark, is subject for debate on the bench and in the stands. There Is some agreement that the slump just happens and that' -Usperpetuation is psychological.

The trouble with Regan." the' fans put "Is he Is trying too hard. The longer he goes without getting a hit, the harder he tries. Unless he finds his eye and his nerve pretty soon he ia as good as gone." The big center fielder realized his predicament? more keenly than" any of the others. knew faced the pitcher now without, confidence and with nothing but a dogged and desperate desire. The trick that had been' so easy was beyond him.

"If I could Just lam it "out-once," he told Barbara, "I'd lose this growlpg feeling that I can't do it. It is asjf I railed before tried. I wonder what is the The situation had its serious Barbara, for thq tvfo had planned, with the renewal of Leo's contract at the end of the season, to get married. The slump might well mean no contract and a long delay. With his romance and his job at Btake, Regan gripped his bat and swung at the balls.

It was true, he was trying too hard. One day Barbara, riding on a street car filled with baseball fans, heard with Indignation soma pitying comment concerning Leo. A ND to think," one man A said. "Old Dolan paid a big price for him on the strength of his batting average in the brush. Another case of a bush leaguer who can't deliver the goods." "I don't know," the other, answered.

"Regan was good un- Continued Page 2, Col. 2) A Sy ndicalism Law Is Declared 'Repugnant to Every Ideal of American An appeal to the State Supreme Court was made today in behalf of Charlotte Anita Oakland woman, convicted of violating the criminal syndicalism law and facing an Indeterminate sentence in Sari Quentln penitentiary. Recently the District Court of Appeal affirmed the cohvictlon of Miss Whitney in- the Superior Cdurt of Alameda county. In summing their exhaustive brief filed e4ay, the attorneys for Mlsa Whit ney otfnicTt3iiSaying! he political features of the original syndicalism Atvr ofihe sta of California today, it is respectfully urged, are not only unconstitutional but 'repugnant to every American ideal of freedom of thought and freedom of speech." "Charlotte Anita Whitney was not an I. W.

W. There is no allegation that she was, nor the slightest bit of evidence that she ever had knowledge the acts of the I. W. W. or approved them.

"Charlotte Anita Whitney, groping forx a means to help the poor, ente'red a public meeting in a convention hall in Oakland and there joined the Communist Labor is tha sum of her offense. is respectfully urged that never In the history of California was there a plainer miscarriage of justice. Never was there a more apparent indecent haste to appease public wrath by the offering up of a vicarious sacrifice." Three San Quenlin Men Fail in Break SAN QUENTIN, June S. An attempted escape from San Quentln prison was frustrated here yesterday after three prisoners had made their way through a'wlndowi and had reached the waterfront The, men, were John-Wright. Harry Denman and Carl H.

Bauer, all of whom have bad records at the penitentiary. According to prison Officials the three prisoners hid between two tiers of cells 'until noon, when they broke a window and made their escape to the yard. They were carefully working their way along the waterfront when guard sighted them and sounded alarm. This ia Wright's fifth attempt to escape, according to prison officials, while Bauer and Denman have one at- tf.rnnt rrpriltffl tn them. SUPREME COURT Actor Mobbed by A.

Flap-. pers as Judge Holds Proof of Bigamy Lacking; Gush" ing Girls Hail Star as Hero Decision Does Not Validate Marriage and Leaves Case 7 Where New Charge May Be Filed if Evidence Had LOS ANGELES, June 5.7-(By International News Service.) Rodolph Valentino, the "greal lover" of the screen, was today freed a charge of bigamy brought against him as a result of his marriage In Mexico to Winifred Hudnut before his decree of divorce from Jean Acner, his first wife, became final. The charge, against Valentino was dismissed by "Justice Hanby In whose court the preliminary hearing in the case -was held last week, on the ground that the evidence against the film star was insufficient. Valentino was also "mobbed" by a score, of flappers who sought to congratulate him when the Judge dismissed the charge. They swarmed, around him in the courtroom untll the Judge' was compelled ask Valentino to step outside and then they followed him into the street, to his automobile.

I Lifting his hat with the air of a courtier, Valentino acknowledged the attentions showered upon him by the women and girls by smiles and nods of his head. EVIDENCE HELD LACKING BY COURT. -Lngiving his decision," Justice Hanby said: "A number of important and perplexing questions of law and fact have arisen In this case. Important because of the demoralizing effect of bigamous marriages on. society and perplexing because of the lack of authority and precedent directly bearing upon the questions Involved.

"After reviewing fhe evidence carefully, I am convinced that the charge of co-habltatlon of the party to the second marriage in this State is entirely inadequate to prove such co-habitation as is contemplated by the section and the decisions referring thereto. therefore feel that I am not mied in, holding the defendant to rfoswer to the Superior court. Tha Vase Ts dismissed, defendant discharged and ball exonerated." Valentino sat with his arms folded, looking Impassively at the Judge while the decision was being read. When the Judge completed reading, the decision Valentino arose and smiled at him. Immediately the flappers hurried forward and crowded around the film star.

ACTOR MOBBED BY FLAPPERS. "Mr. Valentino, I wsnt to congratulate you," lisped a girl still in her 'teens. Valentino thanked the girl and clasped her proffered hands as her eyes danced and lips smiled. Judge Hanby frowrfed down upon this scene from the bench and reminded them that, court had not been adjourned that he had a civil calendar, to hear.

More "women and girls swarmed abouLthe actor in the corridor and a crowd of fifty women followed him to his automobile. The question arising after the dismissal of the cnarge, whether Valentino's bride would return now to California, was an open one. It was pointed Out that the Judge dismissed the charge solely on the ground 'that no proof had been produced that Valentino and, his bride lived as man and wife upon, their return to California from Mexico and that for Tier to return here would be to furnish the district attorney's office with enough evidence, to supporf another charge of bigamy against him. In a statement Issued after hit release Valentino said: "As I stated before, through ignorance of the law I married Miss Hudnut, not dreaming that I was breaking or violating any California the "statement read. "Nevertheless, I do realize now my lack of knowledge of the California laws, and like any law-abiding citizen, Would not, under any condition, assume marital relationship with the present Mrs.

Valentino until the time fixed by the law shall have expired, upon' which we will be married again, here in Los Angeles." r-ir Portuguese Airmen Resume Long Flight PERNAMBUCO, Brazllt June 5 (By the Associated Press). The Portuguese naval aviators, Captains Coutlnho and Sacadura, started from the Island of Fernando Noronha, off the Brazilian coast, for Pernambuco, at 7:45 o'clock thia morning. In resumption of their trans-Atlantic flight, interrupted by accidents in April and 'early Mar. storehouses and dryer. UNDER TRUST LI Supreme Court Finds Labor Is by Sherman "JAct Restrictions.

WASHINGTON, June Labor organizations' are" not exempt from prosecution uiider the Sherman anti-trust law, the Supreme court today announced. The court held that labor organizations can be-held' liable for property and other damages caused by the, acts (of, members during The'decislon was delivered by Chief Justice Taft. The case was brought against -the United Mine Workers of America by the Coronado and other panles, 'arising out of the Arkansas strikes of IH. -Chief Justice Taft. -In delivering the opinion, stated that there had been no misjoinder of parties In the suit as brought.

He discussed' at length the question of the suability of the National and International unions' If the unions' were responsible "for what was done, pointing out that in ommon law unincorporated organizations could be sued as individuals, but from -necessity of existing conditions it was utterly Impossible to do luetics, otherwise than by holding labor- unions llahje. With regard to the U. M. of A. the court fpund that the international organization and its offl-cers, did not order the strike, or ratify It and that they should not have been made parties to the suit.

No dissent was announced. The strike which gave rise to the case of the attempt of the coal companies to operate on the "open shop" plan in 1914. Lawlessness reigned. and much destruction of property followed. Machinery, tipples and mine equipment wera' destroyed, the companies placing their losses at $740,000.

The Jury awarded $300,000 which was tripled by the coprt under the Sherman law." I iv iwiuiMHWUia i I- L1 UN unj lihdll coalx DESTROYED Three Men Instantly Killed, Five Are Injured, One of Whom Dies in Hospital; Jas. Toon, Chemist, Victim Second Blast Occurs Just Three Mfnutes After the First; Women Seeking Loved Ones Threaten Gate In two terrific explosions which focked the entire East-bay district shortly after 8 o'clock this three men were instantly killed at the plant of the Trojan Pow-' der Company between San Leandro and Sari Lorenzo, and five others -were injured, one of whom died later at th county hospital. The explosions destroyed two drying houses at the plant and broka windows in houses in the vi cinity. 1 THE DEAD II. D.

MEYERS, San Leandro master mechanic at the' plant. JAMES TOON, chemist for tha Trojan Powder Company. MANUEL SILVA, San Lorenzo laborer, ALBERT SILVA, San Loremo; died at the county hospital THE INJURED TONY DE COSTA, San Leandro; injured internally. H. A.

BRONSTEIN, general manager of plant; crushed and burned on the head and FLOYD COOPER, employee in the drying plant; internal injuries from concussion. M. C. VOTTENFIELD, ruper-tendent; badly shaken up. Many of those killed or Injured were prominent In the Eastbay district.

Toon was well known as a chemist. GUARDS AT GATES THREATENED IX RUSH. A few moments after the first explosion, which was followed by the second after a short interval, the wives and relatives of the men employed by the Trojan Powder, company were en route to the plant. The guards at the gates were threatened for a time with mob violence their refusal to let the women enter, or give out any information aa to who had been injured. The explosions threw up a cloud of black smoke which climbed into the sky and whose mushroom shape could be seen and understood for miles.

To the eyes of those' living in the valley it was the alga of disaster- The first explosion occurred at 8:10 and the second at 8:13. Two versions of the cause of the first explosion are advanced by employees. Until a late hour today the officials of the company had issued no statement and had given out no Information. One version ia that the powder on the drying rack exploded by spontaneous combustion, due to- the improper mixture of the dynamitt. The other la that It was caused by fire which started from unknown causes.

DKATH IS DEALT BY SECOND EXPLOSION. It was not definitely learned day whether or not the first explosion did any damage other than the destruction of the drying plant. It is believed, however, that no one was killed by the first explosion. Those who were killed or Injured had ruthed out following the first explosion for the purpose of saving the second dry houw. i The first explosion threw ftre In all directions, and those killed and injured were working frantically to put out the flame when the seconl dryhouse Meyer.

Toon, the two Sllva "brother and De Costa were nearest the building. They were hurled several yards. Some of the bodies were so badly mangled that identification was falmost impossible; It was through the quick wora of William Smith, driver of the county hospital amoulunce, and Peter Wadllnger. attendant, that transportation of the Injured from the plant to the ouffty hospital waa accomplished as soon as tha injured eould be brought acroa the marsh strip that separates the main plant from the dryhousea. Tola strip 159 yards wide and (Continued on Page 2, uinBsrM BECOME FRANTIC Li EN BARRED AT GATE! I While guards at the plant of the Trojan Powder company stood In front of the gates threatening violence to anyone who Insisted on entering the.

plant following Mie-two explosions there' early today, which resulted in the death of four persons, two score women, wives and relatives of the mert at the plant, threatened to rush the gates: The women rushed to the plant soon after the two explosions. They demanded -of the guard at the front gate to know if anyone was killed, and wly). The guard shook his head and ordered them INVADERS DRrVKN FROM POSITION'S. LONDON, June, 5. (By the Associated Press.) British troops have driven the Sinn Fein Invaders from their main positions.in Ulster territory and a large part, of the border between northern and outhern Ireland now Is virtually a battlefront.

The village, of Pettigo, on the Fermanagh-Donegal border, was recaptured from the Sinn Fein invaders yesterday and the southern forces also are reported to have evacuated Belleek, ten miles to the outhwest. The discrepancy between the official communique with Its statement of three Sinn Feiners killed and one Lewis gun captured, and tha more detailed press reports of the British storming tne place and "heavy losses," haajtl 10 us reconciled. Tha military has taken over much of tha boundary line and tha -inttT Falnera- now face seasoned and well-armed troops equipped with artillery instead of the special Ulster constabulary men. AGREEMENT READIED iXi CO-OPERATION. DUBLIN, June 5.

(By International News Service.) While war raged in northern Ireland between British trodps and republicans, officials of the free state government were today considering amendments to the proposed Irish constitution which will- reach an agreement with the Irish cabinet when the Anglo-Irish negotiations are renewed in' London' tomorrow" iucnara juuicany, minister oi defense in the Irish provisional government and Roderjck O'Connor, commandant of the republican Irregulars, have reached a formal agreement for co-operation between the Free State and republican troops- Nominations for the Irish general election will be made tomorrow. Laborites are the only contestants ofithe coalition panel, and there is widely held opinion that the laborites will be defeated. Belief is even expressed that Jim Larkin, who is very pojrtfygr in Dublin, especially in labor-republl-. can circles, will be defeated by Collins. AMERICAX STEAMER SEARCHED FOR ARMS.

LONDON, June 5 (By International New? Service). The Ameri-jan steamer Seattle Spirit, from New Tork, was reported today to have been held up and searched by the British in Tralee Bay. on the west coast of Ireland, on suspicion aha was carrying arms and ammu- fnltion for the republicans. It is eald that a quantity of munitions were found and seized, but this is fro alliuially confirmed. coajdoLwayAppalled hy what ap i Explosion at Trojan Works on November 15, 1919, Caused Damage, attendant, was killed and $2000 damage causpd by an explosion in the Trojan powder works on November 15, 191J, when two-of the dry houses containing about a ton of powder each exploded shortly before the employees appeared for work.

On this occasion the coutision was felt as far away -ns North Richmond and the Tresldlo, and windows were shattered for miles around the powder plant. Chimneys knocked drwn Jn San Leandro and Hayward. At this time an Investigation was hcld'by the police and powder authorities, and the theory advanced that the explosion was the result of a desire on the part of Rodriguez to end his life. Rodriguez had recently been haled into court and tried and -acquitted on a technical churg of assault, on a 17-year-old girl. Rodriguez, a widower with a boy years of age, was Instantly killed by the explosion.

He was a'n attendant at one of the two dry houses, that exploded. His body was blown to The attendant at the other dry house, which exploded an instant later, escaped death by being de tained by the watchman of the plant, who stopped him to chat about the events of the night. He was on the way to the dryer and both he and the watchman were thrown to the ground and sustained and bruises by the shock. According to Howard Broden- stein, one of company officials at that time, said that he believed Of drying house became overheated. the customary cause of suc)j ex plosions, according to his state- ment.

I the real news of the dljaster, the women gathered Just outside tha gates. Other guards came forward "to block thelrrway. The threat of the women to rush the gate and gain entrance was blocked by the closing of the gate. Completely shut off, several women threw themselves on the ground, moaning and sobbing. The situation gradually beramo more manageable as the Husbands arul relatives of the workmen ap-pabid.

Of those killed and ln-iredTHt two relatives were at the gate to receive the news of the disaster. Their names were not known. One woman fainted, and was carried away by friends. Ford Willing to Run for President DETROIT, June 5. (By the Associated Press).

Henry LFord' has Intimated privately' that he would run for President "if the people of the country, desire him to' do so," but "he would' refuse to spend any money to bring about his nomination, or election," according to William T. ICronberg. editor a Dearborn newspap and one of the leaders in thi Dearborn "Henry Ford for President" club. a- Senate Moves for Gasoline Probe June 6. The Senate today cleared the way for an investigation of the high price of gasoline by conferring additional powers on the Senate manufactures committee.

An 'amendment was adopted to the McKeilar Investigating resolution recently passed giving the committee power to subpena witnesses and pay for having a record-of the hearing made. peared to be an effort on the guard's part to keep from them California Youths Win to West Point WASHINGTON, Successful, candidates for entrance to West Point as the result pf etara-lnatlons held In March, were announced today by the war department. They will enter the-academy July 1st. Among them were: Calvin Louis Whittle, Benicia, Thomas B. White, J318- First avenue, San Francisco; Charles William Strat-ton, Palo Samuel Pickens Collins, Otto Paul Strlzek, Seattle, Uoorge A Smith, Denver, Colo.

Hope of Life Held For Lillian Russell PITTSBURG; June (By International News Seervlce). The condition of Lillian Russell (Mr a Alexander P. Moore) waa reported to be serious thia morning, but hope was entertained that she would recover, according to Mr. Moore. Miss Russell spent a fairly restful night It was said.

She has been III for several days. "I i 1.