EDITION; COPY, THREE CENTS in Mabel Lewis Case to Have Reaching Effect in the Ohio Courts Full Leased Wire Associated Press The Scioto Established in Year Eighteen Hundred WEATHER--FAIR, WARMER IN SOUTR AND WESTERN PORTION TONIGHT; SUNDAY INCREASING CLOUDINESS, WARMER IN SOUTH-EAST PORTION. VOL. 131, NO. 28. 10 PAGES-80 COLUMNS CHILLICOTHE, OHIO, SATURDAY EVENING, OCTOBER 26, 1929 DAN.Y Republican Ticket MAYOR Danny Friend CITY SOLICITOR J.
F. Cutright CITY TREASURER F. L. Gibbs PRESIDENT OF COUNCIL William Pross COUNCILMAN AT LARGE Robert Dunkle Edw. Star J.
A. Deamer WARD COUNCIL 1st -James Keating 2d Jones 3d -Everett Edinger 1th H. Brown CITY BREVITIES Dr. R. E.
Bower, commissioner of health of Chillicothe and Ross county, has been appointed by the City and County Health Boards as official local delegate to the State Conference of Health Commissioners to be held in Columbus, November 19 to 22, inclusive. Edward L. Pross, teacher in the senior course at the Struthers High school, Youngstown, is a week-end visitor here at the home of his father, Wm. Pross. John Allen, arrested by the sheriff's force charged with cutting to wound Beeman Imler, was bound over to the grand jury by 'Squire Mike Kirsch, under a bond of $500.
On account of sickness Prof. Tetreau will not speak at Fosters Chapel Sunday afternoon. The Pastor H. D. Cooper will preach at Richmond Dale at 2:30 p.
m. Sunday and Fosters Chapel at 7:30 p. m. Judge Yaple late yesterday put on probation for a period of two years reorge Fornash, who some time ago got two years in the penitentiary. suspended on a conviction for burglary.
Wm. Watts, convicted of forgery, has been sentenced by Judge Yaple to the Mansfield Reformatory. This was a Bainbridge case. Mr. Clinton co*ckerell, Twin township farmer, was painfully injured at his home, yesterday, when he was thrown by a horse.
Mr. co*ckerell has several broken bones and painful bruises. He was brought to the local hospital, this morning, for X-ray pictures. County Auditor Fred L. Schlegel received, today, from State Auditor Tracy $4.000 as the second installment of township gasoline tax money.
Warrants for $250 for each township were issued today. WOULD ABANDON GREENFIELD BUS LINE COLUMBUS, Oct. 26 (AP)The Buckeye Stages, today filed an application with State Utilities Commission for permission to abandon its Chillicothe-Greenfield line claiming that since Nov. 1926, when the certificate was issued the cherating cost exceeded income .85. SHOT TO DEATH.
MARION, Oct. 26. (AP)-Guy Stoltz, 46, was found shot to death in his home here, last night, by his wife. Authorities said he committed suicide because of ill health. JUMPS TO ESCAPE AUTO LANDS UNDER A A A STREET CAR COLUMBUS, Oct.
26 (AP)John I. Krug, 62, butcher, was killed instantly last night when caught under the wheels of a street car. He was believed to have jumped in front of the car to escape being hit by an automobile. GOOD THINGS TO EAT On the classified page under classifications 57 and 64, several grocery stores are offering you a varied selection of foods, and supplies at rock bottom prices. Read what these stores are fering today and every other day -and you will save money, I DOLLAR-A-YEAR MEN GET CALL Lobby Committee Of Senate Make Partial Report In Which Insidious Practices Are Revealed WASHINGTON, Oct.
26 (AP)A report on the relations of Senator Bingham, Republican, Connectcut, and the Connecticut Manufacturers' Association was submitted to the Senate today by the Lobby investigating committee. It contained one specific recommendation-that the Senate adopt a resolution calling upon the department of Commerce to submit a list of any "dollar-a-year" men on its rolls, as a result of the testimony of Joseph E. Wuichet, of the Connecticut Association, that he vas a dollar-a-year man for the department. The report called attention to the law relating to payments of individuals doing government work by private concerns. This had to do with Wuichet's service for the department of commerce, however, and no reference was made in the conection to the action of 3enator Bingham, in placing Charles Eyanson, an officer of the Connecticut Manufacturers Association, on the government pay roll.
The committee quoted the minutes of the Association showing the vote on sending a "representative" with Senator Bingham to help "protect" Connecticut industries. The report also quoted from the memorandum written by Wuichet to Eyanson while the latter was with Senator Bingham. "It is obvious from the memorandum that Wulchet, who was in Hartford, at the time the memorandum was written had information concerning some of the proceedings in 1 the secret meetings! TRIBUTETO DEAR TEDDY President Hoover Reminds Nation Sunday Is Roosevelt's Birthday And Recalls Him As Builder Of U. S. Navy.
WASHINGTON, Oct. Theddore Roosevelt's birthday tomorrow President Hoover issued a statement today saying the anniversary "brings a reminder of the driving power of stalwart character and vigorous ideals." The president said that not the least of Roosevelt's labors were those of upbuilding the navy. Because Roosevelt's birthday falls on Sunday, Navy day, which has been associated with this event, will be observed Monday. The president's statement follows: "The birthday of Theodore Roosevelt annually brings a reminder of the driving power of stalwart character and vigorus ideals. These are embodied in his person, and they gave force and substance to the distinctive charm with which he projected his virile personality upon our national life.
"His contributions to our history are many, not the least being his labors in upbuilding the navy, which has chosen his birthday as the occasion for yearly commemoration of its services to country. Americans should make the anniversary of this great American's birthday an occasion of general and public appreciation of his life." MacDonald And Daughter Homebound S. S. duch*eSS OF YORK, Oct. Ramsay MacDonald, Britain's prime minister, and his daughter Ishbel, are enroute back to England today after three weeks in the United States and Canada in the interests of Anglo-Amercian relations.
They hoped for a quick trip to bring the premier to London as soon as possible after parliament's convening, when his labor government may meet its acid test. Parliament meets Tuesday; ship's officers have promised they will dock at Liverpool early Friday. Aboard the duch*ess of York also are six Canadian winners of the Victoria Cross who are going to England to attend the banquet the Prince of Wales is giving those holding the order on Nov. 9. CHICKEN DINNER The Ladies of Concord Church are serving a special chicken dinner at Cushman Junk Sale, Oct.
31. Big I sale--big dinner. IMPRESSMENT OF AMERICANS By Italian Government Brings Forth Resolution From The Fiery Heflin. WASHINGTON, Oct. A resolution requesting the secretary of state to transmit to the senate all information the state department has regarding the reported impressment of American citizens of Italian descent by the Italian government was introduced today by Senator Heflin, Democrat, Alabama.
The resolution, which was referred to the foreign relations committee, also requested information concerning the reported polltical activities of the Fascist league of North America or any other Fascist organization in the United States. ANOTHER MISSING FREIGHTER IS FOUND DETROIT, Oct. 26. (AP) -The waters of Lake Michigan, which eliminated the Milwaukee from the shipping lists of the Great Lakes, yielded the story of another tragedy. this week.
Out of the lake have come bits of wreckage of the House of David schooner, Rosabelle, unreported since it set out for a cruise eight years ago. The Rosabelle carried crew of 11 men, and a cargo of potatoes, when it disappeared in storm. Wreckage of the vessel was found on the beach near Racine, Wis. The crew consisted of Captain Erhart Gliese, First Mate Charles Anderson, Second Mate Waldemar Frederickson and Seamen Alvin Winder, Edgar Marshall, Jake Vonmoulken, Robert Dauley, C. Daley, L.
Nye, Cecil Claudel and Edwin Wilson. CONGREGATION AND CHRISTIAN CHURCHES MERGE PIQUA, Oct. 26 -Consolidation of the National Council of Congregational churches and the General convention of the Christian church, a plan which had been discussed for several years, had become a reality today, bringing 1,800,000 members of the two churches under one denomination. The merger was formally approved yesterday at the national convention of the Christian church when the invitation to join the Congregationalists, extended last May. was unanimously accepted.
The now organization will be known as the General Council of Congregational and Christian churches. As soon as the necessary legal steps are taken, the Union will be completed, allowing each denomination to continue its own forms of expression and beliefs, but placing the functions of the governing bodics under one group. Prominent clerzymen hailed the union as the first step toward Christian unity. HELD ON CUTTING CHARGE Peter Skaggs of Lower Twin section has been arrested by Deputy Sheriff Hiram Dixon on a charge of cutting Pearl Forsythe to kill. This is the third time Skaggs has been arrested for this same charge.
CHRISTINE FLYS TOMORROW Delong's Flying Service, Har- FORMER SECRETARY FALL SAYS HE'LL CARRY HIS CASE TO A HIGHER COURT WASHINGTON, Oct. 26 (AP)- Convicted of bribery, former Secretary of the Interior Albert B. Fall today pinned his hope of exoneration upon a motion for a new trial and, that failing, an appeal to a higher court. Still stoutly maintaining his innocence, the former cabinet officer now aged and failing in health, awaited the next development in his case surrounded by members of his family and old friends from the West. The verdict of the jury that he was guilty of bribery in accepting $100,000 from Edward L.
Doheny, before executing the famous lease on the Elk Hills Naval Oil Reserve to a Doheny Company was followed closely by the motion for a new trial, advancing thirty reasons which defense counsel considered as justifying such an action. The motion made numerous charges of error on the part of JusLice William Hitz, who presided. Decision Far of the majority members of the F1- nance Committee, but he informed your committee that he had no recollection of the source of lus infomation and while he denied that it came from Eyanson he admitted that he could assign no other source from which it could coma. "The committee questions the propriety of the utilization of the funds of a railroad company for payment of such services of a Lohbyist in Washington. Whether such contributions are forbidden by any statute may be the subject of further communication from committee.
The law which the committee quoted in its report follows: "That on and after July 1, 1919, no government official or employe shall receive any salary in connection with his services as such an official or employe from any other source than the government of the United States, except as may be contributed out of the treasury of any state, county, or municipality, and no person, association or poration shall make any contribution to or in any way supplement the salary of any government official or employee for the services performed by him for the government of the United States. Any person violating any of the terms of this proviso shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $1,000 or imprisonment for not less than six months, or by both such fine and imprisonment as the court may determine." BREAKS FOR LIBERTY SHOT AND KILLED: Charles Allen, Holdup, Mar, Tries To Escape From Pen And Pays Supreme Penalty For COLUMBUS, Oct. 26 (AP)Charles S. Allen, 23, serving a term of from 12 to years in the Ohio State penitentiary for highway robbery, was killed last night, in an attempt to escape from two guards who were escorting him to the prison hospital after he had complained of being ill, Received from Summit county September 26, 1923, Allen feigned illness, guards believe, in order to carry out his scheme to make his get-away. On the way to the hospital he broke and ran.
Guards I and Phillips fired several shots when he disregarded their command to stop, two of which took ef? A sheet was found tied from his waist and several pleces of rore were concealed beneath his shirt. It is thought 1 he planned to try to escape from the hospital, using the sheet and ropes. FORMER B. R. T.
HEAD SERIOUSLY ILL CLEVELAND, Oct. 26. (AP)William G. Lee, former president of the Brotherhood of Railway Trainmen and an outstanding figure among Railway Brotherhood activIties for the last 25 years, was critically 111 at his home here today. Lee, now secretary-treasurer of the organzation, has been under the care of physicians at various periods since 1917.
AMERICAN LEGION DANCE Frankfort, tonight. Sears 10 piece orchestra. All welcome. POINTS BROT OUT RULED ON BY THE COURT Judge Yaple Gives Specific Statement In Issue Which Will Be Carried To Ohio Supreme Court. Owning to the importance as well as in Ross county, of wide recent decision by Judge L.
B. the Yaple granting, under the new Criminal Code, the right of the defense in the Mabel Lewis payroll check forgery case to see and copy the evidence against her in the possession of the State. The Gazette herewith prints the full text of that decision. It is from this decision that Prosecutor Howard Goldsberry will appeal to the State Supreme Court. It is therefore the crux of the whole controverstry for the final outcome of which many important criminal cases here and elsewhere are being held back, as the same demand for the state to "show its hand" in advance of a trial will be made by the defense in these other cases.
It is further intimated that if the final decision is that the state must divulge its whole case in advance for the benefit of the defense in criminal cases, the issue of the constitutionality of that feature of the nEw Criminal Code will be raised. Also the State is expected to ask the defense to show its hand to the State in advance. The following is the text of Judge Yaples' decision: In this c.se seven different lictments were returned by Grand Jury of this County at October term, 1929, charging Defendant with the forgery and uttering of various checks, and the forging and falsification of various time cards, pay rolls, etc. The Defendant has been arraigned and entered a plea of "Not and the cases against her were about the to be set for trial. Under favor of the defendant by her counsel filed written demand upon the prosecuting attorney for permiss! to inspect and take copy of the various checks, time cards, pay rolls set up in the indictments or pertaining thereto, which demand was refused by the prosecuting attorney, and thereupon, the defendant after four days refusal of the prosecuting attorney, filed a motion to the court asking for an order upon the prosecuting attorney and the State of Ohio to permit the defendant and her counsel and such witnesses as she might desire to do so, to inspect and copy the documents particularly described and set forth in the written demand which had previously been made on the prosecuting attorney.
Notice of the making of this motion was duly served cuting attorney, and motion for done the prosesuch order come on for hearing before the court, and it appeared on such hearing that demand in writing had been duly made and served on the prosecuting attorney by the defendant through her counsel for inspection and permission to take a copy of the various checks, time cards and payrolls which were the subject of the indictments, and which the defendant was charged with having forged, uttered and made, and the various records pertaining thereto, and that such demand had been refused, and that such refusal had continued for four days, and thereupon an application for an order from the court directing the prosecuting attorney to comply with such order had been made. The prosecuting attorney ously insisted that there was no right under the statutes of Ohio authorizing the defendant to make any such demand and that it was proper for the prosecuting attorney to refuse such demand if and when made, and that the court had no right or authority to order the Prosecuting attorney to comply therewith. It was not questioned or disputed but that the checks, time cards and payrolls were in the custody and possession of the prosecuting atorney. The court on the hearing of the application for the order above indicated, granted the application and ordered the prosecuting attorney to permit counsel for the defendant and such witnesses as she desired to inspect and take a copy of the documents described in the written demand that had been made on the prosecuting attorney, such inspection and taking of copies to be at the office of the prosecuting attorney and said documents not to be removed from his office. A motion to set aside this order and for rehearing were filed and come on for hearing.
The State contended that under the authority of the case of State vs. Yeoman, 112 O. S. 214, the application on the part of the defendant should have been overruled. In that case demand was made by the defendant who had been indicted for murder up on the prosecuting attorney for an inspection and permission to take a copy of a certain paper writing purporting to signed by the defendant and to be confession made by the defendant, and the supreme court in the Yeoman case held that this application under the law as it then stood was properly refused by the prosecuting attorney.
At that time the only section of the Criminal Code relating to such matters was Section 13,664 of the general code which provided that the Code of Civil Procedure relative to compelling the attendance and testimony of witnesses, their examination, the administering of oaths and affirmation and proceedings for contempt to enforce the remedies, and protect the rights of parties, shall extend to criminal cases so far as applicable. Since the Yeoman case was decided, the Criminal Code of (Continued on Secoud Page) Judge Yaple Gives Henry Johnson Ten Years B. of In Pen For Stealing C. C. Yost's Automobile Here's a lesson for auto thieves and a warning to all who are wont to make a past time of stealing other people's machines- -and there lots of 'em, as everybody knows.
But a few sentences for this pasttime like the ore given Henry Johnson, late yesterday, by Judge L. B. Yaple in common pleas court, will have a tendency to reduce the number indulging in it. Ten years in the penitentiary is the way Judge Yaple soaked Johnson--a record sentence in Ross county for this crime. In sentencing Johnson, Judge Yape, in a way that was quiet but had a most bitter sting in it, scored the practice that has been so prevalent all over Ohio of stealing automobiles.
"I leave my machhines parked on the street every day," he said, "and thousands of others do the scote. They are all expered to such dogre- dations as Johnson here has been guilty of. This practice must be stopped. These autos parked on the streets must be protected. I am toing to give you a sentence Johnson, that may help 1 to protect them.
It will be pretty stiff, but you deserve 1t." Judge Yaple then gave him ten years in the pen. This is not the first time Johnson, originally a West Virginian, but who has had quite a criminal career in Ohio, has been walshed for his criminal doings. He has already served a term at the Mansfield Reformatory for grand larceny. That was back in 1924. The events leading up to his arrest at Portsmouth at the request of local police are, briefly, as follows: He first stole a Chevrolet at Kenova, W.
and started north. This side of Richmond Dale, at the RABBIT HUNTERS GIVEN WARNING BY HEALTH COMMISSIONER DR. R. E. BOWER The general health of and Ross county is good, according to the reports of Health Comm'-stoner Bower and Public Health Nurse Edna Barker, to the County and City Health Boards, at their regular monthly meetings, yesterday.
The following was Dr. Bowers' summary of these reports, which include a warning to rabbit hunters: Most of the activity of the month has been in connection with the public schools. The bringing of the children together in groups brings problems of contagious disease. Most of these have been mild in type. It has been necessary to send a few children home with instructions to use a fine tooth comb.
Also a few cases of itch have been excluded from school until writs of ejection could be served on the undesired inhabitants of the skin. Usually three days suffice for this. Some other skin diseases have brought temporary vacation from school. Neither county or city is free from these minor pests; the number excluded from school for these causes being 16 in the city against 16 in Pike County Absent Voters Muddle Again COLUMBUS, Oct. 26 (AP)Secretary of State Clarence J.
Brown today sent his assistant, John H. Belknap, Statistician George M. Neffner and Captain H. L. Hays of the State Civil Service Commission, to Pike county to investigate reports that election officials are abusing the absent voters privilege.
Complaints to Secretary Brown indicated that ballots were sent broadcast to persons not eligible to vote in the county. The complaints involved ballots on the tax-limit amendment to the state constitution. Captain Hays was sent to Pike County last fall to supervise and observe the election after an investigation of alleged abuse of the absent voters privileges had been my Secretary Brown. C. and O.
gravel wacher his Chevrolet broke down. He stole a Ford there and came to Chillicothe. Here he abandoned the Ford stolen near Richmond 1 Dale and picked up a Ford that had belonged to C. C. Yost and started back south.
The Portsmouth authorities were notifled and Johnson and his stolen Yost machine were Intercepted there. Albert Blumfield who was connected with the Johnson operations was recently sent to Mansfield Judge Yaple. The local police, Prosecutor Goldsberry and Sheriff Fox are very much encouraged by Judge Yaple's action in the Johnson case as they feel it helps them materially in their efforts to put a stop to the stealing of automobiles. Johnson was taken to the penitentiary this afternoon. LOCAL YOUTH IS A DEBATER (the county, The only contagious disease of any importance present in either district has been scarlet fever.
The local epidemic of this disease In the Poe's Run school is under control and is practically at an end. Another small outbreak of scarlet fever developed in the Alma neighborhood. This also got somewhat of a start before anyone reported It to the Health Department. This outbreak is also on the decline. Typhoid fever, which was rather common in the late summer, has practically disappeared.
Rabbit fever has not yet appeared among humans. When the hunting season opens it would be well to observe the cautions issued last year. Do not shoot rabbit that is manifestly sick; use rubber gloves in dressing rabbits and cook meat thoroughly before eating it. Rabbit disease (tularemia) to the person who has it, is somewhat more dangerous than typhoid fever; killing about the same percent but causing a longer illness than typhoid does. Scalp Was Burned Asks $5,000 Damages Alleged burning of her scalp by a "permanent wave" electrical machine is the basis of a suit filed, today, by J.
F. COutCright, as attorney for Marie Ackley, against the Edwards Brothers. She sues for 000 damages, claiming that the machine was not turned off after she asked that it be, even after she had become unconscious from pain in the chair, that her scalp was burned in nine places, that she had to be treated by a physician, that her head was in bandages for eight weeks, that she suffered great pain and that hideous scars were left. GRANTS A DIVORCE. Judge Yaple today granted a divorce to Essie Preston from Carl Preston, on grounds of gross neglect and restored the wife to her.
name, Essie Pettiford. August Schneider Chosen At Wittenberg To Be Member Of College Team To Support Modern Advertising. SPRINGFIELD, Oct. August Schneider of Chillicothe, has been selected by the public speaking department at Wittenberg college 1 to represent the college in intercollegiate debate. All colleges and universities which will ba met by Wittenberg this year will 1 debate on this question: "Resolved.
That the present extent of modern advertising is to be deplored." The squad of debaters has been divided into affirmative and negative groups, and Mr. Schneider has been designated as a speaker for the negative. Wittenberg debating teams under the direction of Prof. P. R.
Brees, Prof. G. V. Kelley and Joe Sittler have established wonderful record: in the debating conferences in this state. Wittenberg won the championship in 1927 and in 1928.
GAS LEAK CAUSES FIRE. A gas leak that caught fire at 9:30 this morning, under the house of Mrs. S. E. Schenkel, at 28 North Mulberry street, caused $25 damage before it was put out by the local fire department.
FUNERAL SERVICES FOR WILLIAM H. IRWIN Funeral services for William Irwin were held yesterday at 2 p. m. from the Ware Funeral home with Rev. Wm.
M. Motter officiating. Interment was made in Greenlawn cemetery with six Odd Fellow's acting as pallbearers. serting he went beyond his province in his instructions to the jury by "Improperly and unlawfully" arguing the case and "In effect coercing influence and driving the jury on questions of fact which were solely and exclusively within the jury's function to decide." In addition, Fall's counsel charged the court erred in admitttag evidence of the transaction by which Fall leased Teapot Dome naval oil reserve to Harry F. Sinclair, and also in con menting on that evidence in his charge.
Fall faces a maximum penalty of a fine of $300,000 and a prison sentence of three years. The motion for a new trial is to be argued before Justice Hitz next! Friday. Should it be denied, Fall will enter an anneal to the court of appeals of the District of Columbia, beyond which lies one higher tribunal, the supreme court of the United States. WANTED WANTED Women to peel beets, apply at Canning Factory Monday morning at 8 A. M.
Franfort's Fall Festival Is Credit To The Village Frankfort's Fall Festival is in full swing and tonight should see the streets of the village thronged with Chillicothe folks and Concord township citizens inspecting the fine agricultural showings made and participating in the amusem*nts furnished as a side the issue. marred by rain and last The a opening on Thursday was evening there was a reaction for the better, for quite a large crowd was in attendance. The American Legion Drum Corps paraded and made a ibig hit. Miss Lillian Smith, daughter of Dr. Ward Smith.
who is on the festival committee, rode a tine horse all beribboned, at the head of the parade and demonstrated fine horsemanship. The drum corps was followed showing" rural types from by floats, "Stony Creek" and one an Conestoga wagon with masked singers from Austin, while other was a W. C. T. U.
float arranged on an old-time farri water wagon. Commercial floats and Boys' Band of Frankfort closed the procession. The farm showings are all of a high class and an automobile show and household equipment lend their value to another section. The merchants have finely decorated windows with late merchandise showings in them and in the bank window is a display of fruits. Of course there is a Ferris wheel and a swing for the youngsters and on a central platform amateur performers vie with each other for a $2 fee for merit, awarded by the committee.
Frankfort's is indeed a credit to she citizens who created lit and are carrying it forward.
