Oakland Tribune from Oakland, California • Page 1

i i Exttttstve Associated Vtcss The OaKIAND AND VfCINITYPrtly cloudy nd mild tnnliht and Ihuridayimoderitj 60, min. 48 RAINFATT. TO 7 A K. lait ti houn .00 Normal to data 10.80 Normal to date '10. 70 laat year to date.

1100 United Press VOL. CX -THREE CENTS SUNDAY, TEN CENTS OAKLAND, CALIFORNIA, WEDNESDAY EVENING, MARCH 20, 1929 40 PAGES NO." 79 mmmmm- -t-. -jOv-i' urn ti -v our I rl wl" I 1 I r-r 1 UbmVVlMJX y. I -XT- rn ii i rn: 15 KIDNAPER INVOLVES BOY FBIOUOIL JJHEL Man to Murdered Girl Investigation of the mystery murder of MABEL MA YE1R, 15, school girl, was re-opened when Policeman POWELL' PIERCE (upper left) dramatically identified DAVID A. BARNETT (ubper right), as the "mystery friend" of tlie girl.

The identification was made in court as a jury, which convicted Barnett of child stealing, was about to hear the closing evidence. Barnett as Judge Hardy Is Held for Senate Trial tXrtCounts rUbt! OltD ELEBlLOI-ILLNESS. 77 i r- i mm MURDER MYSTERY NEAR JUAREZ Barnett, Quizzed on Links, to Death of Child, Hints He Might Be Able to Offer DENIES HE KNEW VICTIM "-Vs NivJ Out of a clear sky, David A. Barnett, chUdUstealery awaiting sentence for atducting Eloise Windfelt, 5, and under suspicion of being the alleged mystery companion of Mabel 15-year-old murder victim, today intimated that he "might be able" to, furnish a solution to the Mayer murder. The Mayer girLwas slain in 1927.

Barnett's announcement startled the authorities, already engaged in rigid scrutiny of Barnett's movements for the past -two years, and the details of the i Mayer murder as finally tabulated in police reports. The convicted man's announcement came on the heels of new evidence to involve Barnett, furnished the authorities by Gordon Pierce, treasurer of the Boorman Manufacturing company of East Oakland. According to Pierce, his company; which' is a cabinet supply concern, furnished certain door and window frames to C- L. Wil-eox, builder.who was coqstructhig a garage at 1730 Eighty.sixtU avenue, a few days before the The slain girl was found 'in the yard of this address, few feet from thjs garage by and. a partner, L.

0. Hall, Sunday morning, July 3, 1927. LOITERING AT Police Chief Told to Keep Sidewalks Clear If Arena Fights Held. City Attorney Preston Hlgglns today directed Chief of Police Donald V. Marshall to see that city ordinances governing loitering on sidewalks and regulations of a similar character are obeyed to night if Louis Parents and Oscar H.

Klattr prize -fight promoters, hold bouts, tonight in the financial latrlct arena. Hlgglns advised Chief Marshall to make hj) arr'ests unless these regulations' are disobeyed, W. K. Hanlon, ch.alrman of the state boxing commission, upon whose shoulders; rests final decision, as to' whether Parents and Klatt shall hold their fights despite protests from churches, parent teacher organizations, business men -and property owners of the district, left Fresno this morning and was expected to reaQh Oak land this -i Hanlon sJready has advised Parents and Klatt to' seek a new location- for their fight-arena and it Will not be known until his ar rival whether "ih.e' will permit fur-v ther bouts to be held. Hanlon promised a thorough investigation of the fight and the action of Its promoters in.

securing a location in the downtown business district "through a roller skating rink permit. In response to a. received, from the Council of Churches and the City, Ministerial association, protestlngiagalnst the do wntown fight arena, nor C. C. Young said he turned the.

message oufijro. the. state athletic jammlsslon tiovernor -1 oung saia ne wouia not attempt to dictate the policies of the commission, and that the matter Is up to its, members, In an -opinion handed down Monday. Attorney-General U. S.

Webb held that entire" control of boxing and- boxing arenas in, California rests with the state athletic commission. Under this ruling, fight promoters may establish arenas in the exclusive residential districts of a city without regulation by municipal. -or county u- r' 1 -'V" fell EL '4 BANNED Fight Made to Prevent Sending for Deposition by "Mav Kenne'dyl By ANTHONY F. MOITORET SACRAMENTO, March 20. A hot fight developed today between tho prosecution and defense in the impeachment trial of Superior? Judge Carlos S.

Hardy, of Los Angeles, over the. question of Mrs. Minnie Kennedy's deposition j8.no its presentation before the im peaehment court. The board, of managers today: filed an affidavit by William B. Hornblouer.

of San Francisco, with the formal request that the committee be authorized to get Ken ln LOHKvicwr- present 4 copy of the deposition that Hornblower and Clai-e AVoolwIne ot Los Angeles obtained from Mrs. Kennedy when they to'' 'Washington to sea her.recently'was pre sented to-tho senate to de termine the worth of her testimony and Its value In the trial, DEFENSE OBJECTS ON GROUND OF IRRELEVANCY" H. L. Carrlngton pointed out that If the deposition should be read, it" would be merely as a document and not as evidence. Former Senator Carr of Oakland, for 'the defense; objected on the ground that It was irrelevant, and contrary to criminal law rules.

Assemblyman Walter' J. Little of Los Angeles, a member of the boardef managers, supported the move to send for the deposition of Mrs. Kennedy. il is the contention of board of inanagers, he pointed out, that this hearing is not criminal, quasi-criminai or civil, but that the most learned authorities consider it political. Its object is not to punish for crime, but to remove from office for guilt if the defendant is found guilty.

It touches neither the person" nor the'property ot the defendant. The defendant In impeachment pro ceedings la not safeguarded from subsequent prlmlntil proceedings as wpuld be ths cass in cfiiAilnal procipedlngs. HAIIHY HAS RIGlfT TO BE PRESENT, SAYS LITTLE Llttlo also raised the point that tno board or managers, is required to snow materiality of the testi mony in the deposition, that Judge Hardy has the right to be present personally or by counsel at the -taking of tho He quoted rule 10 of the senate trial rules, which says that the law applying to evidence in superior court p'rocodure applies In -a senate imneaenment case. He. admitted that under- rule 10 the im Peaeh ment court did not have the rleht to have the deposition taken.

Ralph W. Swing, of San BteAar- dlno, moved to suspend rulel 10, and Senator Inm'an moved to strike It senator C. West opposed suspension of the rule on the ground that the senate does not know that Mrs. Kenne.dy -can't be brought here. Judge ffady pleaded "not guilty" to the four counts on which the senate unanimously held him to answer, and Immediately pre- (Contmuedori Page 3, VIEWS SOUGHT President Asked to Have Agriculture Secretary Ex- plain Relief Plan.

WASHINGTON-. March 20.P) -President Hoover was requested today by Kepresentatlve Dickinson, Itepubtlcan, Iowa, to have Secretary Hyde appear before the house agricultural committee and explain the President's views on farm relief. Dickinson said that In view of the fact that the ehlef executive's Ideas would not reach congress noW mally until his message is read at the outset of the special session, it would be extremely helpful. If the committee in its deliberations fore that time, could have, some specific knowledge, of Hoover's The President, while not-intending to dictate the terms of the farm relief measure to be considered at the coming session. Is ready, at' any time to discuss the agricultural sit uatlon with Interested members" -of the senate and house, but.

he has indicated that there- Will be no pub-lie explanation of his views until his message to congress is read. Although he deollned to' reveal Hoover's reaction to hla proposal, Dickinson said after'-' tho Confer. ence that he was hopeful the President would approve his sueeestlon. The legisiauvs program for the extra session discussed today by. President Hoover, and -Representative Tllson of Connecticut; the Republican leader -of the house.

who said afterward that it still was the very snarply and that? the work shotrld be trompletednvrthtrj Wf or three months. Discussing reports' that he might be appointed governor general of the Philippines to' succeed Henry L. Stimson, secretary of state, said that; as important as he; con sidered that post, he would not given up his present position. He, did not say that the appointment had. been offered.

to FARM Rebels Claim Strategy of Retreat Has Brought Head of Mexican Army Into Midst of Insurrectos Insurgents Called Bandits as Federal Govruifieiil Plans Extermination; Say Banks Looted of 2 Millions PASO, March 20. The revolutionist agency hero today announced execution of 15 federals claimed to have been recruited In El Paso to blow up railroad bridges and destroy communications south of Juar-. ez. Mexico. The men.

It was claimed, were caught attempting to get uc tho O.llnaja garrlsmi. Tliey were surprised by rebel soldiers. Gen. Jose Escobar, commnml-er of i rebel forces, now is equipped with two bombing planes, the ogeilcy said. The reb- els, expect to have tho planes hi action, Wednesday.

'American nv-: iators, It was-said, will man tbcpi. Four passengsr planes at. Chihuahua are belng transformed Into 'the bombing variety. It was announced; and' these will, be added to tho rebels' air force. BY ASSOCIATED PRESS LEASED WIRE TO TRIBUNE JUAREZ.

Mexico, March 30. Revolutionary headquarters today reported that the army, ot General Calles, pursuing the main insurgents columns through Duj-ango, had been isolated by rebel forces; General Escobar, rebel commander, declared ills forces had seized the railroad and muY telegraph lines In Mex ico, disrupting commmitratiou between the federal army and its base of operations. The rebels reaened Jlmlne? last night from the de-sert town of Es- caloii. BY AS800IATCP FRESr! LEASED WIRE TO TBIBUNE MiiXlCO CITy, March 20. General PlutarbO Qlias Caijes reorganized his forces at Torreon today preparatory to the drive northward against the rebel forces of General Jose Gozfilo Escobar.

The federal generalissimo arrived at Torreon at 6 p. m. yesterday and: Immediately, began prep arations for, relentless pursuit of Escobar and the campaign which he previously had said would be one-of i-aslle President Portcs Gil said this pursuit of tho revolting generals would not against them as rebels and political offenders, but as bank bund Its and lurgc scale looters. The entire revolution was characterized i as nothing more hun nholesalc depredatory attempt with its leaders from the first to get what loot they could and escape -Into the United States. On this baSlsK the president said, every effort would- be made to obtain extradition of the rebel generals, who are expected to seel? political asylum in the United States, as common criminals.

Attempt wilt be made also to recover by civil process any money they deposit in foreign banks. 1 NEARLY -MILLIONS TAKEN AS LOOT, CLAIM. Hanks of Torreon reported, the government announced, that General Escobar had- looted' them of about $511,000. In Saltljlo and other! cities tho loot' from Bunco de Mexico branehes exceeded about tna government said. The usual cominuninue dclull- lug military Operations over country was lato yestcr-! day.

with the explanation that tho government. fonsjdered the rebcllldn concluded its inipor- tant 1 phases nunlllve measures would l)e cOuuiiii)iatP(I as soon as railroads could bo rebuilt and communications restored. He was not expected here to make a stand It was suggested here he had three alternatives; open battle with General Calles 'and probable defeat, flight to the United States, or retreat to fcke mountains, from which he coiild conduct guerilla warfare. In- this latter icase he might prolong hostilities for many months. as.

did Pancho Villa, several years REBEL FORCE BELIEVED MUIHKK OXL' 6000. The government' estimated he had" 30,000 men at his disposal at Torreon. General Escobar, It Was said, -could at a maximum haVe no more than 6000 men; of whom many were 111 equipped. General Calles found the in surgents had left behind them. 11 railway cars loaded with merchandise, 29 cars containing railway re pair material and 14.

locomotives. Aside from money taken from the banks. It was said their loot in the city reached large, proportions. REBELS MAY ATTACK-. MAZATLAN TODAv, CLAIM.

NoGALES, March 20. RebeKactivlttew-in the northwest section of Mexico we rent stand still today with attacks expected to ba launehed at Mazatlan, on the west coast, and afrNaco, Bonora, on the border, revolutionary head quarters "General, Ramon Iturbe, who is besieging has announced Tie probably will attack th seaport Supreme Commander of lies' Armies in World War Only Yields to Death; After Grim FighV Heart of Great Warrior Weakened in Battle Witty -Disease. Fails Unde Patient's Weight of PARIS, March 20. UP) Mar. sI)a Focl) w1 rerelrt a lmtlona, funeral, highest tribute of the French nation to its Illustrious BY ASSOCIATED PRESS LEASED WIRE TO TRIBUHE i PARIS, March 22.

indomitable' to-the end. Mar-, shal' -Ferdinand Foch, generallsilma, of the. mighty allied hosts In th' 1 1 mmmm HI 1 mbnths of'' World war todayg ended I last a -j palgn, dy- ins 'M' nls home after a 1 gthyj 1 1 1 ness in his seventy-; eighth year. 1 rlcken by a of Heart 1 s-ease, kidney troubba and a' ary lnfec-1 the1 marshal; had fought bravely lore life fro 14. MARSHAL FOCH, the day when he was first forced, to take.

to his bed, until his strength. gone and his heart finally collapsed at 5:50 m. (12:60 p. m. Eastern Standard time.

Although It had long been'appar etit that the great general waa flghttng his "last campaignr'' hi warrior would not give In, and day after day he fought off the) Inevitable end-with -Igrim But a coalition of heart kidney disease, a lung -infection were too great at his age. On February 26 the Associated Press was authoritatively inform- ed that the marshal's death-seemed only a mutter-of days-- a. week, perhaps, or ten But the marshal with indomlt- able will held off death even longer than his doctors thought possible. It was the sudden -col 1 lapse of his heart after several days of Improvement that brought death to the Intrepid GENERAL PERSHING ONE -OF CALLERS. Although the marshal had many, good days -during his Illness; was not- permitted to see visitors.

Among those who 'called upon him was Gn John -J Pershing, commander-in-chief of the American Expeditionary force. General Pershing paid' his respects to. Ma damf E. Foch, but In accordance with tne strict ruie or tne was not permitted to see hlg mer comrade in arms. "Tho foremost i'lcliter of "the.

great war displayed in illness miiiiu riL lllHl lie inu played as the enmmander-in-t chief who led the allied armies tor' victory in the-. World var.u Throughout It all. from January1 14, when ho first became gravely ill, until tho end, ho showed courage, unfailing equanimity and even good humor. END COMES JUST AS DOCTORS ARRIVE. The end came just bs his doctors the marchal's house this evening.

He had been conscious thi ehtire afternoon and had been found in a somewhat improved, condition at 10 o'ejockthia morn ing when the first visit of the day was mad ei 'He died at 5:50 p. nv (12:50. eastern standard time.) ILLNESS WAS SERIES QP IPS AND DOWXS throughout, the illness. After the first crisis at the beginning of his; -illness, which was marked by a Bovere nearc aiiacn, ine omarsnaj was faced w'th the divelbprnent of kidney trouble and then pulmonary a a The marshal had been indispose! for several days, but this appears I to be merely due to a cold, anit there was little worry over hfa conaiuon. xne next aav.

how ever, the kidney complications s- in and the serloustusss of the mousconnmauder's condition came apparent. With the velojpiuent of pulmonary -infection it became-more and more plain th desptt- the gallant battle he waging "the years lie carried too great a handicap and a fai .1 terminaUon could be the onlv or -come. Others who called non marshal were. Queen Marie of i hiahia, General Weygand, hlg ful chief of staff durlns the (Cc "A fir i "Those window ana noor rami's were purchased from "David Barnett 'si lumber com. puny," Tierce told Investigators Tills information coupled the admission today by Mrs.

Barnett, wife of the convicted man, that Barnett owned a "blue-green'1 car in 27.. during the period the murder investigation, has In-1 tensifled police action. Policeman Powell A. Pierce yesterday identi fied Barnett as the "mystery man ho had seen with girl bpforS'the murder and who, he said drove around in "a blue, or sreen car." STATEMENT IN'VOLVICS HOY FB1ESD OK OIRU fn(Ani0iit that. Ire held information of value in the Maytr case, concerned an unnamed oy.

"There waa a young man tic was a. sweetheart of the Mayer girl. I might bo able to tell you some interesting; things concerning htm. 1 might be able to fur-nlsli some valuable information: I never saw the Mayer girl, but I know about her. I uever -saw Policeman Pierce or Jad any words, with blm.

lie Is mis- taken." Barnett also declared that he was finable to tell With certainty" 'where he was on the day of the Haver murder. "I think I went to Santa Cru on July 4, but I am not sore, about wbat I was doing on July 8," he said. "My office corres. jtondence might give some Indication, but personally I can't r- general Investigation, today followed the identification of Barnett by Policeman, Pierce, as the missing "mystery of the jrayer case, as-told exclusively "in The TRIBUNE' yesterday arid brought' to a "head two years of secret inquiry by police agencies and the diutrlct attorney's office. OIRV FACES QUIZ.

Following his repudiation of reported statement that he introduced Barnett to the Mayer, girl, Police Inspectors James' and Harry" Orbell decided to again question' "Walter aimstead, 7218 Oral street, a friend of the Slayer fir-1 and. aw- employee of Barnett. The two Inspectors took, the youth to a secret room In the city jail for fluestloning at ll ho was still there at 1:80 clock. He was taken to the po-He identification bureau to view clues dbtained by the police at the time of the murder. Olmst'ead, i who was known1 Walter Freitas- at that time, was friendly with the Mayer girl and, according to the police, corresponded her and frequently had "dates" with her.

He expiains hls Freitas was the name of his JStep-father. He-w-asaumed his father's name' at the time of his own Olmstead voluntarily had hlm-, self fingerprinted -by There was no resemblance between his prints and bloodstained ones found on the girl's purse at the murder scene. Comparison was also made ot Barnett's fingerprints and they failed to taUy. --OJmstead said tJSat three months, before the murderTiS" afid "ttie gh- had "fallen out" and he had not seen her afterwards. He again denied having introduced the girl to Barnett or that ehs visited the lumber yard suggestedr she-ight have became acquainted with "the lumberman.

following the Mayer murder, Olmstead 'married and now has a that ne naa miroaucea rsarneii ana the Mayer girl. Claim he NTufder of Girl Denied By Prisoner Convicted Man, in Exclusive TRIBUNE Inter- view Refute Crime. By NANCY BAHB MAVITY. "With the suspicion of connection with a mystery murder added to the suspense of awaiting the jury's verdict In his trial for the kidnaping of Eloise Winfelt, David Bar nett late yesterday afternoon, when asked the direct question by one of his attorneys, denied that he killed Mabel Mayer, 15-year-old school girl, on July 2, J27. Mrs.

Myrtle Barnett, who has stood by her husband in hla difficulties in Ohio and throughout- his kidnaping trial here, today charao-terized the Identification as a Vghastly mistake." trouble once hits man, he immediately becomes a target for all sorts of added suspicion. In the effort to clear up unsolved cases, the man who is already dowris-often linked in the minds of the police and sometimes of the public with lots of other things with which he had nothing to Bhe said. i In an 'fntervlew at the wunty Jail, while the Jury w-ns sllll out, Barnett disavowed the Identification made by Policeman Powell Pierce, who yesterday asserted that Barnett was the "mystery man" warned away frmn the grounds of Frick school by Pierce and sought for almost two years was a companion of. i tlie murdered girl. iA.tr first: Barnett denled-that he had ever heard of Mabel Mayer; later, under.

questioning by his attorney, iSdward-Heafy, he modified this 'atatement, denying that, he had Viown her, but admitting that her name was familiar to him through reading of the case in the newspapers. Barnett was patently nervous and distraught with the suspense of awaiting the. verdlct which will send him- to Folsom as a "two time loBer," added to the new accusations which may follow his identification by Pierce. His eyes darted from side to side of the locked visitors' roam, and a muscle at the side of jls jaw twitched spasmodically. DECtiAB.ES HE NEVER KNEW CHILD VICTIM "Did you ever know Mabel Mayer?" he was asked.

"Who Is I never beard of her." "Were you living In Oakland In July, 1927 "I think I was." "Did you own a car at that Wme?" guess maybe I did," Barnett answered. Barnett declared -that he unaware that any identification of him by Pierce had been made, as he sat yesterday-lji the courtroom before? the opening of the morning session. Later, in the presence his Attorney. Edward Heafy, and, of he amplified his original statement. "Remember, everything you say will be printed in the newspaper, and every word you say to Collier will be used against.

his attorney; warned him-- "I understand that, Barnett said. "Did you kill Mabel Mayer?" Heafy then "1 did not. "But you surely-know -Who she was. xou must have read about BayWelcomes New Secretary of Stale Urges Free Flow of U. S.

News to Orient. BY ASSOCIATED PRESS LEASED, WIRE 10 TRIBUNE SAN' FRANCISCO, March 20. (A) Returning to the United States today to. assume the post of secretary of state In the, cabinet President Herbert Hoover. Henry h.

Stlmson, governor-general of the Philippines, had a cordial greetings for everybody but mighty llttlo to sny. Stlmson arrived in San Francisco at a. on the Dollar liner President Pierce. The ghlp'S entry into Bfih Francisco harbor was greeted by sirens and whistles of harbor craft. Army airplanes from Crlssy field provided nn Coast guard cutters acted as "a water escort.

Ati the dtfck Stlmson and' his party, were greeted by an official committee of, welcome headed by Mayor James Rolph, it Included -high ranking army- and navy officers and persons prominent in civic' activities. The municipal band serenaded the cabinet appointee. LEAVES TOVIGHT FOR WASHINGTOX From the ship the governor-general was taken to the city hall where he 'was officially welcomed. Aside from a private luncheon Ktlmson had no plans, for theuday. He Is to leave at 6 o'clock tonight fof Washington where he will take, the oath of his office and immediately as8umehis duties.

One of the things he is particularly interested In, the new cabinet (Continued on Page 3 Col. 7) 1 KILLED AS Five Seriously Injured When Canadian Trains Crash; Car Catches Fire. BY ASSOCIATED PRESS LEASED WIRE TO TRIBUNE TORONTO, March personsare dead, Including thirteen passengers, and five seriously Injured as the result a head-on rolllsion between two Canadian National railway trains early today at Urocourt, near Par-ry Hound, according to an of-ficial statement. Issued from the: off Ice tit jreneral manager of the central division here this afternoon. icar next to.

the. car.eaught fire after tlie Wreck, and several of the -passengers yere unable to escape. Graphic stories of heroic attempts to escape cremation were related. The passenger list of the "Colonist" is not yet available, nor-Is It definitely known how many persons were aboard. Quiz Delays Change Of Samoa Governors BY ASSOCIATED PRESS LEASED, WIRE TO TRIBUNE WASHINGTON; March Departure of Captain Gatewood Lincoln for American Samoa as governor and 'commandant of the naval station Tutulla has.

been delayed by the navy, pending on investigation of the Islnnds by -a ceng-res-slonal committee recently appointed. At the navy department it was thought wise that the'preeent governor, Captain S. 'V. Graham, be In office when the congressional survey is made to give, the committee the benefit of his experience. to a new high for the year at 3Bi.

Xradlnjrfn. thelast ftur named was very active around" mlddayr, The Standard boom had' behind it repeated street reports that the much talked of merger with" Gulf Oil corporation of Pennsylvania as pretty: well agreed upon. Oulf is a 1 Mellon cdrpdration and- Its earning out day, showed, that it was one. of. the star profit gatherers i of the past year.

Net profits against $13,707,627. Profit in 1928 was $8.07 -a share, against rents lfl27 IN Oils Soar on Heavy Buying; New High Marks Reached Standard Oil of California rose 'terms'" htgheat -price- since the stock was put on a $25 basis, when It sold at 80 V4 shortly before o'clock today on the local' market and on the New York than 30,000 shares were traded in on the San Francisco Stock Exchange in the. first three hours of price at the start being 74 H. To keep Standard company; Unioii went to a- new high for the year at ttii. Union-Associates to a new year high at 62.

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