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Tyrone Daily Herald (Newspaper) - February 12, 1930, Tyrone, Pennsylvania ALL TH1 MBWI Local of Tyrone and Its Vicinity National and World Newt fay Pull Hated Wlrt of Unit ed Prm THB W14TBBB Warmer today light rain tonight and probably Thursday morning Colder FORTYTHIRD YEAR Number 13140 TYRONE PA WEDNESDAY FEBRUARY 12 1930 Entered M Second Clam Matter at Pott OfllM Tyrone Pa Under the Act of March 3 TWO CENTS A V PREDICT CLOSE VOTE ON HUGHES CONFIRMATION JURY ACQUITS 13 ON CHARGES OF CONSPIRACY Former Somerset Jodge Among Defendants Freed BERKEY SAYS FRAMEUP Government Fails to Prove Case Against Alleged Slot Machine and Liquor Use of Newspaper to Cover Operations ExJudgs State Senator Candidate Pittsburgh Feb 12 U mer Judge John A Berkey and 12 defendants in the Somerset liquor conspiracy case were found not guilty today in a verdict de livered to Judge F P Schoonmaker in Federal court today The jury received the case late yesterday and returned a sealed vrdict an hour and a half later When court opened at 10 a m today jury foreman P F Hoffman a resident of East Pittsburgh de livered the sealed verdict to the court Berkey and his codefendants went on trial February 3 charged with operating an interwined slot machineand liquor ring in Somer set county They were accused of selling official protection to those who contributed to Berkeys politi cal plot The government sent John M Coldiron special prosecutor of the attorney generals office to Pitts burgh to try the case Accusations and evidence were built around the two star witnesses of the govern ment Claude A M Welsh former treasurer of the Berkey political or ganization and James Duke Turn bull a prisoner in the Somerset County home Welsh told a story of collusion with rum and politics that liad its center in the Somerset county ssat Welsh described also liow blocks of subscriptions to The Public View a newspaper owned and con trolled by the former judge were sold to bootleggers to cover up con tributions to Berkey Turnbull related how he operated a liquor establishment for three years in the shadow of the Somerset county courthouse Then he said ne was put out of business because local authorities would not tolerate the operation of slot machines in his place Through Turnbull the government had sought to prove that those who would not operate slot machines were prosecuted for liquor law violations Numerous l other witnesses were used to sub stantiate the testimony of Welsh i and Turnbull j Defense counsel led by attorneys I Percy Allen Rose Charles Margiot ti Clarence Shaver and George D Wick entered a general denial of the charges as set by the govern ment Their witnesses contended that the trial and indictment was a political plot to ruin Judge Ber key Berkey took the stand in his own defense spending two days on the witness stand He showed clbcu mentary evidence that he person s ally contributed seveneights of thc money used to print the newspa per The Public View he operat i cd He made a general denial of I all other charges Three defendants names in the original indictment Emmet Buck S Muenchen Ablaze in Hudson V V s v uv j s r f A f 0 n XAV v s T i General view of the fire which broke out in y the hold of the German Lloyd liner Muenchen I shortly after she tied up at Pier 42 at Morton I and West Streets New York City after a stormy trip from Bremen in which she was one and one half days late Five firemen and one stewardess were injured by the explosions on the doomed liner The flames gained such headway that there was little hope of saving the ship International Newsrect AS FLAMES LINER Fear Further Explosions as Vessel Settles New York Feb 12 U seared and buckled plates of the once palatial liner Muenchen of the North German Lloyd line today formed the sides of a great floating furnace In it persistent flames were completing the destruction which began yesterday with five terrific explosions in the Inflam mable cargo I Part of her bottom blown out by the blasts and her hold weighted with tons of water poured in by 1 stern rested on the 30foot bottom j of the Hudson river Her bow stuck j out of the water and she listed dan gerOusly against the pier structure Another severe explosion was i feared as the fire ate slowly toward jthe forward holds in which large i quantities of nitrate of potash were j stored The explosions and fire had al ready brought a toll of two dead and eight injured Capt John R Harvey civilian pilot of one of tne fireboats at the scene was killed when a blast hurled him overboard 1 Gustave Francke electrician of the i Muenchen was believed to have Iperished while trying to restore the ships lights Eight persons were injured six j being members of the 31 fire com jpanies which were summoned by i five alarms The entire crew of the jfireboat of which Harvey was pil i ot were blown overboard by an cx j plosion I The flaming liner lay almost di jrectly over one of the two Hudson j river subway tubes and service on I this line was suspended Thou I sands of commuters from and to New Jersey were delayed Other facilities were jammed There were no casualties among the Muenchfens 267 passengers al though 80 of them were still being Investigator Investigated Detroit Feb 12 U A McGregor special tor for the Detroit divorce Courts has resigned His wife has sued him for divorce ing that when McGregor 0 he always found it was the womans fault BATTLESHIP TONNAGE CONFERENCE deliberated upon in reaching the verdict The jury was given binding orders to acquit Shceler and Buck man Tucker was not tried becaure he could not be present in court be cause of illness ATTEMPT THAT FAMILY FAILS gration officers when the fire began I They were led quickly ashore The crew slid to safety clown the j hawser lines when it became impos to use gangplanks Gapt Feo Rule on Use of Pleases Stirnson London Feb 12 U sq lution of the submarine question virtually assured through compro mise of the five powers on wartime i use of this weapon the London na val conference once more attacked today the problem of tonnage and classification of warships The committee of experts it is understood has prepared the draft of a tonnage figures presentation to the commit tee of the whole meeting today at St James palace In this table it is expected the lines will be drawn between the six following types of warships Bat tleships aircraft carriers cruisers armed with 8inch guns or over cruisers with 6inch guns or under destroyers and submarines The table provides that small cruisers and destroyers may be merged in the same category in the French and Italian columns thus giving great flexibility to the smail er powers which may thus transfer one group to another in the lighter ship classes The table is arranged so that it may be incorporated in the league of national disarmament plan by providing blank spaces in which na tions outside the fivepower confer ence may join with them by amx ing their own figures to the docu ment The question of whether tonnago as well as gunpower will be used in defining the various classes of warships is left for the full com mittee tc iron out A decision on these matters is ex pected within a day or two when it will b BIRTH CERTIRGATE LEADSJOJRRESTS Police Capture Two Accused of Killing Ohio Grocer Chicago Feb 12 U birth certificate led Cleveland and Chi cago detectives to an Augusta street home here today where they arrest ed two men they suspect of parti cipating in bank robberies in Cleve land and Columbus and the mur ders of a policeman and a grocer After an allnight vigil a squad of Chicago police led by Sergeant Philip Carroll accompanied by Ser geants James Hogan and Ben Wolfe of the Cleveland Defective department burst into the house an exconvict and Charles Han nick 22 Information that Hannicks wife had become a mother and that she i had relatives here sent the Cleve land detectives to the Health de partment here to search birth rec ords They turned records all yes terday and most of the night be fore they found a certificate bear ing the name Hannick They also had to search for the name Hano wich one of Hannicks aliases Shortly after midnight they found the certificate with theAu gusta avenue address and with the Chicago police went to the house After locking it over they burst in and arrested Hannick and Williams Mrs Hannick and her 7months old child were not molested The murders with which the men are suspected were those of Ser geant Carl Sharman of the Cleve land police on March 6 1927 and of a Columbus grocer a month ear lier f J OFF WOODLAND KILLED HIMSELF MONDAY Woodland was the scene of a trag edy early Tuesday morning that greatly shocked the community and produced the profoundest sorrow when Albert Peters a well known resident of the town committed WAR VETERAN TO LEAD CHICAGOS DRIVE ON CRIME Wrecking of Laundry by Bomb Is Latest Outrage Placed to Credit of Gangland POLICE RECORD LESS CRIME Sroker Kidnaped For Free Chicago Feb 12 U roar of a Big Bertha bomb that had blown a near North Side laun dry into wreckage and injured two persons was the ominous echo of which a tall grayeyed engineer be gan his battle today to rid Chicago of gang menace With a secret group of industrial and commercial leaders as his coun cil of war and an apparentlyun limited reserve on gold on which to draw Robert Isham Dandolph who learned what fighting means with the American army overseas map ped out his campaign with the coolness of a World war general Most of the near North Side was rocked by last nights explosion Residents were hurled from their beds in the district surrounding the twostory building housing the Northwestern Laundry company and ran to the streets in terror Darkness added to the confusion as switches in the nearby plant of the Commonwealth Edison company were thrown out patients at the Chicago General hospital were ter rorized by the roar followed by tremors and failing lights Michael Crosto an employe of the Commonwealth Edison company was in his truck in an alley behind the laundry The concussion drove in the windshield and hurled him from the drivers seat to the ground He struck his head incurring injur ies that necessitated hospital treat ment Mrs Elsi Foreman walking in the street with her husband was struck on the head by flying glass and taken to a hospital Police first announced the blast as a boiler explosion but FireBattalion Chief Frank Brabant said the boiler was intact and he believed a huge bomb was responsible Randolph the generalissimo of i big business war against the rack j eteers was expected to call his staff j together at once to plan a countar attack More than 2000 arrests al ready have been made Who his aides are only Randolph arid a few other leading figures iri jthe Chicago Association of Com i merce know Their plans are sec ret But out of the daily confer jences of the generalissimo and the i business leaders are expected ot come a succession of offensives with a gangless Chicago as the ultimate objective Trips to Florida eagerly looked forward to by a dozen or so business executives were postponed so they could remain in the city and lend counsel and aid to Randolph and his war lords of the law it was re vealed today Gangland murders bombings labor sluggings and the rest of the camut of lawlessness that has made Chicago a horrible example for the world to point to are nothing new in the life of Robert Isham Ran dolph He was born in Chicago over on the South Side He has seen heard of and read aboutgang crime for as long as he can remem ber So when Chicago needed an iron man to meet a desperate sit uation Randolph the fighting en gineer and the head of the Associa tion of Commerce was the unani mous choice Already the exodus of gunmen from the city has brought com plaints from other cities including points throughout Illinois and ad joining states Indictments return ed here against 19 gunmen yesterday impressed gangland that big busi ness means business when it says this is to be war without quarter the exception of last nights bombing police records showed few er crimes than in weeks Max Price elderly New Haven real estate broker who disap I peared with four men in an auto I mobile victim of a kidnaping plot in which ransom of had been originally demanded and on which final agreement at 000 was made was set free in Faizfield a suburb of Bridgeport OPPOSITION TO CONFIRMATION IS DELAYS VOTE Borah Says Hufiies Would DEMOCRATS C01IROL VOTE Republican Floor Leader Watson Would Force Vote Opposition Criticizes Hoovers Judgment in Appointing Hughes Tariff Bill Shelved Until Vote Conn LEGION TO SPONSOR ROADSIOEJLANTING Local Post to Cooperate m State Officials JURY GETS CASE OF TARENTUMMORDERER Defendant Says He Shot in Selfdefense Pittsburgh Feb 12 tempt to gas a Wilkinsburg family failed today when Mrs Mabel Millis i 43 discovered the fumes while pre paring her husbands breakfast Mrs Millis discovered two holes in the kitchen door through which ribber hose had been forced From the hose a vile smelling was issuing She called her husband Town send 45 who went to the rear of thc house and found the hose attached to a sealed pasteboard box Fearing a bomb Millis called police When I went into the kitchen there was a peculiar odor Mrs Millis told detectives My eyes smarted and I noticed a sweet sickening taste in my mouth ThenI found the holes with tho hose through them and I called my husband 1 dont know who could have done this We have no enemies Police found a second waxsealed carton connected through holes bored in a sunparlor window sash I Tearing thc boxes apart theyj found Mason jars to which the hose was attached They plugged the holes in the bottles and took them for chemical analysis Mr and Mrs Millis did not suf fer any discomfort some of the ships papers The Muenchen was valued at about Officials of the North German Lloyd insisted last evening that she could be salvaged with loss of only The fire was attributed to spon taneous combustion Besides pc tash the cargo included shellac newsprint peat moss and other highly inflammable material DRAPER OAlHERTY DIES IN FLORIDA actual figures and thus arrive at the heart of one of the greatest problems of disarmament within a few ularly regard yesterdays develop ments at the plenary session as having assured the future human izing of submarine warfare even thougii the AngloAmerican attempt to bring about submarine abolition failed Announcing that the five powers about 40 years in addition to rbeing a Justice of the Peace was employed as a coal miner by the HarbisonWalker Refractor ies company He arose about the usual hour and at after eating his breakfast prepared himself ap parently to go to work His wife and oldest son William who works at the brick plant aiu Arrived home for his breakfast observed that he had picked up his gun and gone to the cellar While they wondered why he did this they anticipated nothing serious In a moment or two how heard him cry out Good of Uio highways Sarasota Fla Feb 12 U Draper Daugherty son of former Attorney General Harry M Daugh erty died here today at Haltpn hos pital where he underwent an eiher gency operation last night to re lieve complications which followed an operation for appendicitis per formed two weeks ago Mrs Daugherty with whom he had spent the winter months here for the last two years was at his bedside Daugherty was reported to have been convalescing well from the original operation but complica tions developed which necessitated the emergency operation from which he did not rally Perhaps onehalf the world is quite satisfied that the other half doesnt It lives erning surface ships Secretary of State Henry L Stimson was partic ularly enthusiastic over the results of yesterdays plenary session Present rules require that unarmed merchant ships be halted and summarily torpedo ed That single Incident he said was worth the visit of the Ameri can delegation to London The chief American delegate also believes restriction of the subma rine will lend an impetus to the he said showed a rising tide in the desire on thc part of the nations for aboli tion In view of the important meet ing of the committee of the whole scheduled for this afternoon the the floor the selfinflicted wound resulting in instant death No motive can be ascribed for the rash act He had entertained friends at his home the previous evening seemed to be in good spirit and there was harmony in the family The deed was committed evidently in a moment of temporary aberva tion of thc mind Dies Prom Burns McKcesport Pa Feb 12 U P Jennie Siebert 22 of Mc Kcesport died at McKeespott hos pital yesterday from burns received in her home earlier in the day She was cooking at a gas range when her clothes ignited burning her about thc entire members of her family citlngulsh cd the flhmes Pittsburgh Feb 12 TJ Whether a 65yearold man is to be punished in connection with killI ing another man seven years his the result of an alleged marriage triangle in which a wo man 62 years old was was the question which a jury in criminal court was deliberating here today Herman Kummer 65 of Taren tum either should be found guilty of first or second degree murder or acquitted Judge Reid who preI sided at the trial instructed the jury before it retired yesterday Kummer admitted yesterday that he fired the shots which fatally wounded William Hitesheu Tarnn tUm October 26 but declared he believed he was firing in the air The shooting occurred while Hite shue was walking down east Ninth i avenue Tarentum with Mrs Thel ma Breuer Tarentum and Mrs Abigail Moser whom Kummer un wittingly married while she was still the wife of another man As they passed Hiteshue pullsd Mrs Moser toward him looked at me and laughed Kummer testi fied Hiteshue reached towards his pocket and I thought he was going to pull a gun and shoot me I pull ed my own gun and fired twice without looking I thought I was firing into the air the defendant testified Pittsburgh Feb 12 U man Kummer 65 of Tarentum was found guilty of first degree murder by a jury in criminal court here to day The jury recommended life imprisonment for the aged man convicted of the slaying of William Hiteshue 73 also of Tarentum last October 6 Jealousy over Mrs Abigail Moser 62 also of Tarentum spurred Kum mer to shoot and fatally wound HiteshiieV the state charged SUMc Routs Burglars Circleville O Feb 12 U Found a use for static While two robbers were seeking loot in his grocery store James Newland1 hap pened to open the door to his liv ing quarters Just as his wife tuned in some static The robbers fled under a barrage of static About the time the meek inherit the earth some officeholder will fig uo a forgotten inheritance tax law that will tftKe it Wy from them GOOLIDGE DISTRICT GOES TOJpGRATS Republican Candidate for Congress Defeated Springfield Mass Feb 12 The second Massachusetts congres sional district home district of for mer President Calvin Coolidge has gone Democratic for the first time in the 40 years since its creation In a special election to fill the seat of Representative Kirk Kaynor Republican killed in an airplane accident at Washington William J Granfield of Longmeadow was chos en by more than 6421 votes over the republican candidate Fred D Griggs Granfield ran as an outandout wet Griggs had said that although he was personally ciry he would vote for repeal of the 18th amend ment if the issue came up in con gress A third candidate Whitfield Reid of West Springfield running as a bone dry independent received only about 1082 votes BRAND JURYTGKS BLUE LAW INDICTMENTS Wheeling WVa Feb 12 U P rThe Ohio grand jury reporting last night refused to indict man agers and employes of seven Wheel ing theatres who had been repeat edly arrested charged with showing motion pictures on Sunday The arrests were the result of a crusade backed by church organi sations after the theatre operators determined to test the laws against Sunday movies The grand jury action was to determine whether the old blue laws would be en forced eOVERNMEifUOSES IN INCOME TDK SUIT Pittsburgh Feb 12 U judgment for with in terest has been awarded the Dia mond Alkali company in a tax suit against the government to recover refunds on its Federal income and corporation taxes for the years 1916 to 1920 thus bringing to a close the prolonged litigation The suit was based on three con the collections were barred by the statute of limita tions amortization of war facilities and depreciation Judge B MGib son awarded the amount in United States district court The com pany had souRht ti recover 32370 Members of Howard Gardner Post 281 were given a glimpse in to the future when at their regular meeting Monday night Division Forester Dan L Shenck of the Highway department spoke of the efforts of the department to beau tify and protect the roadways by appropriate plantings This is a subject in which Tyrone and the Legion post have long been vitally interested It is on record that the second permit issued by the Highway department for road side plantings was granted to au thorize the memorial trees placed j by this community and the Legion i on the road from Tyrone to Tipton in 1922 It was the plan at that time that no more fitting and per manent memorial could be estab i lished for the men of the commun I ity who gave their lives in their countrys service than a line of liv jing trees shading an important highway This idea has been officially adopted by some of the leading states many of whom are carrying out definiteplans to make the roacl jways attractive as well as useful Mr Shenck by the use of a fine lot of lantern slides pointed out that utility as well as beauty is served by the use of various plants in connection with the roads For instance there is a very heavy ex pense for upkeep of earth cuts over unprotected shoulders and ditches which in many places must be lev eled up and cleaned out after ev ery heavy rain Liberal use of grass vines and shrubs holds the soil in place and reduces the cost of upkeep from perhaps a mile each year to practically nothing after the initial expense of plant ings Again hedges and evergreen i trees are being planted to replace the expensive and rather unsightly snow fences i This work is new in Pennsylva jnia and it is not to be expected that showy effects will be secured at once Public cooperation is needed both to appreciate the no cessity for such work as is being j done and to minimize the thought i less destruction of roadside plant ings by individuals The views shown by Mr Shenck and his tem pered enthusiasm for the work his department is doing give great promise of a day when the traveler jwill be gratified by pleasing vfews all along the roads unspoiled by I bare earth banks and gullied slopes i Then Pennsylvania will come into her own as a land of beautiful scen 1 ery as well as of industry and pro duction i J R GUyer of Warriors Mark I through whose good offices Mr Shenck was induced to address the j Legionaires announced that the Warriors Mark veterans are spon soring a memorial row of trees to extend about a mile and a quarter along the new highway between Stover and Pennington The trees are to be planted this spring and Howard Gartner Post 281 heartily approved of this project Other important business trans acted Included adoption of the 1930 budget and appropriation of funds to cooperate with the Auxiliary in providing a large reproduction of a famous painting for the walls of the High school A New Excuse Memphis Tenn Feb 12 U P McOowan policeman parked his automobile in front of police headquarters It disappear ed Several hours later and several blocks way he found Floyd Mitchel asleep in it Mitchel was arrested but was acquitted when he proved in court he was too drunk to drive when arrested Russia has abolished Christmas trees And yet It has so much raw material for them By Paul R Mallon I Staff Correspondent Washington Feb 12 U Opposition to confirmation of Charles Evans Hughes as chief jus itice of the United States assumed I a more threatening and serious j character as the Senate convened today for further debate and a pos sible vote i The opposition has gained such headway that Republican floor leader Watson wants to force a vote I before it develops any further On i Monday when the vote was taken in the judiciary committee only two or three senators were known to be opposed to Hughes and yesterday a maximum of a dozen votes out of 96 was all that was expected by his opponents Now however there are 1 indications that as many as 20 sen I ators are ready to vote against him j There is yet no reason to expect i the nomination will be defeated un less there is a change in the at titude of Democrats Most of the minority leaders have intended to j vote for confirmation and thus far i Senators Glass of Virginia Dill of Washington and Blease of South Carolina are the onlyDemocrats who have signified their intention of voting against confirmation Several more opposition votes were counted after the speeches late yesterday by Glass and Senator iBorah Republicans Idaho Borah contended the appointment struck at the very fundamentals of govern ment Citing Hughes writings and de cisions the Idahoan said Hughes is j aligned with those believing thafc property rights should be exalted j above all rights I believehis opinion is that orac tically no restraint should be piac ed on vast corporate interests Borah said I do not know any problem of more concern to the 1 people than the retention of their natural resources at reasonable rates l Borah predicted if the control of oil coal gas transportation and I transmission continue in the hands of a few people that Congress evcnt j ually will be driven to public ownsr ship for the protection of the peo pie I Glass objected to Hughes retire ment from the supreme benc to run for president in 1916 I think he lacks the sensibility of the sacredness of that high of fice the Virginian said His re tirment was an exhibition of the severest indifference It is such for any justice to contemplate for a moment discarding his robes and coming down from his exalted state to participate selfishly in the tur moil and disputes of partisan poli tics The offense if it is an offense and I believe it is how is fright fully accentuated when he accepts nomination for tho office of chief justice Hughes received tributes from Democratic Senators Copeland and Wagner of New York and from Senator Gillett Republican Mass achusetts who said Hughes served the public when he retired from the bench to run for president Among those expected to speak today are Senators Brookhart Re publican Iowa and Dill the lat ter being interested in Hughesac tivities as a private attorney for ra dio interests The tariff bill was laid aside in i order that Republican leaders mightpress for a vote as soon as possible The House is considering minor calendar bills most of the interestthere being centered on the openirig of hearings before the House judiciary committee on bills to change the 18th amendment I Washington Feb 12 U attack against confirmation of Charles Evans Rughes as chief justice of the United States was re opened in the Senate today when Senator Dill Democrat Washing toncriticized the appointment What a coincidence that this is the birthday of Abraham Lincoln the great champion of the people rights Dill said and we here are considering the appointment Mr Hughes the greatest champion of property Lincoln would have had no chance to be appointed to the Supreme Court in his time be cause he was looked upon as a rad ical Washington points out that severe weather is unsettlingto the farm products And every house holder knows that its effect on coal bins Is Just the opositc It is set tling mpMly jettling in fact i ;