davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
POLICE DEPART s.
MENT ORDERS
ASSIGNMENTS.

ASSIGNMENTS.
Tho following patroimen. having been
promoted to tho rank of Fergcants, arc
transferred and assigned as indicated. To
take effect 4 =. NJ September as; ~j
Robert nTass bt TO $40 Pc.
Prec. .
Patrick Curry. 18th Prec.. to ss,h Pree.
TRANSFERS.
The following transfers arc ordered. Ts
take effect A. M. September 2s:
SERGEANT. en-
Henry p. White. 7th Prec, 20 Ssth Prec
To take effect A. M september 81:
PATRoLMEN.
Thomas Manning. e7th Prec.. to 7th
Prcc.
tMUTUALs) u
Joseph E. Dougherty. 18th Prec.. to 7ith
Thomas F. Fitzgerald, 7Ath Prec.. to
Christopher J. Heavey, RRd Prec, to s3d
Prec. %
Edgar o. whit,ecar. Esd Prec.. to s,d
Prec-
TEMPORARY ASSIGNMENTS.
SURGEON.
Frederick j. Schoenenberger. sth Sur
glcsl Dis. in charge of 9th Surgical Dis.
in addition to his other duties. for p
days from, IL noon September 2s. during
absence OF Surgeon on vacation.
PArRoLMEN.
From precincts indicated to sth Insp.
Dis. to duty In front OF alleged disor-
Derby hotels. for IL days from s A. ".
October /:
George LeClair, 10: David Eimann, ~;
Richard Holt. az; John J. Thompson. ~;
James Quinlan. So: John Corrdan, ST;
William II DAILY, 81.
The following leaves OF absence are au-
thorized. with full pay:
SURGEON.
Charles !. Dillon, 9Th Surgical Dis,
for days from IL noon September Is,
TO be deducted from vacation.
without pay:
PATROLMAS
Samuel ]. Battle. SSH Prec.. for day
from 7. VI September IS.
The following applications for fun pay
while on sick report are approved:
PATROLMEN.
Herbert Wilson, 72d Free. from ESQ
A. NJ September II TO noon September is
James II. NoziElia. $50 PreC.. from I
p. N. Sc ptember Is, during disability.
Edward Walsh. l0eth Prec.. from 1880
A. NJ. September Il, during disability.
RESIGNATION.
The following resignation IL accepted.
To take effect IL y. NJ. september rs:
PATROLMAN.
Frank Lawlcss. NO 226o. Hcadquar-
tors Div.
SPECIAL PATROLAIAN.
Appointed ns special patrolman:
Julius Raplan. No 1855, 10 45th FREQ
9th Disb, to take eject September "a
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27

with President Wilson that politics ID
adjourned" and declared:
Much rs l would like TO be elected
Governor. for the opportunity 1t would
give me to serve the people OF the State
and for the Joy and happiness It would
give my wife, my mother. my children
and my friends. would sooner go down
to defeat than achieve that Office at the
expense of a single activity on the part
OF any Democrat that he should give to
the country during this Liberty Loan)
drive"
And. In conclusion, making a plea
that this country should give every as
sistance In the struggle that is going on
In the world. he spoke OF the triumph OF
democracy" as follows:
Our enemies know that our boys Mt
the front are doing their full share: let
us do ours. When all Is over and the
cause Of democracy shall have tri-
umphed throughout the world. they will
come home to a reception at the hands
OF the American people, the like of
which was never accorded to a returning
victorious army in the history of the
world. Let us here tonight resolve
that when that time comes we will be
able to examine our conscience and feel
satisfied in our hearts that when the
great Republic called upon us for as
sistance We gave to the very limit"
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
SHIP BOARD OBJECTS
TO WAR PROFIT TAX
Airplane Makers Also Oppose
Proposed Excess LeUics.
Special Despatch to TIE suS.


WASHINGTON, Sept. 26-The Senate
Committee on Finance listened to-day to
arguments from representatives of the
United States Shipping Board Emer-
gency Fleet Corporation and the Air
craft Production Board with regard to
The eject of the proposed war profits
and cAcess PROFITS taxes on their indus
TN
J.. was explained to the committee by
N''e-PrcSdent Piez OF the Fleet Cor
T'Fa'ion that in the development of
! ans such as the gigantic work OF the
american International Shipbuilding
C3'poration at Hog Island there had
been NJ necessity vast expenditures for
certain buildings and machinery which
with the cessation OF hostilities would
te useless
War time prices also had entered into
The construction problem to a tremen-
dol' extent, multiplying the cost of
plants, He urged that in the framing
o. tie administrative features of the
proposed new revenue law adequate au-
''9r''% be granted to the Secretary OF
NE Treasury 10 consider in working out
Problems Of profit an extraordinarily
ne1 amortization rate on structures and
machinery which in peace time would
nav" u"glglbe or materially less value
az" winch should not be considered
Otherwise than as offsets TO paper profits.
The same argument was presented by
" Campbell Of the Aircraft Board, who
urged that in the instance OF the air
plan" building industry the situation was
''"n more striking than In the ship
building business
Tho committee took the arguments
n-f'r serious advisement and is dis
posed 70 yield to the suggestions of the
|""rrment officials who presented the
cas- Of the war Industries.
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27

n-y Paine. oliver FELTON, Porter and
Samuel Lee Hoffman. To he First IAeu-
tenants-SecOnd Licuts. Carl Alton srw
art. Thomas Bourne Cookery. Jr, ana
Horace summer Seymour. -
Sterling Rich Coleman and Harrison ritz
hugh Carr. First Lieutenants, to C4mp
Humphreys as students. Engineer Of
fcers Training Camp.
William Joseph Weber. Second Lieutenant,
to General Engineer Depot. WashtnEton.
Charles H. Thurston. Captain. to Camp =.
a. Humphreys, as student, Engineer offs.
Evans vans Henry HUNT HUMP .s7,h Engineers.
Second Lieutenant, Qunrtcrmaster Corps,
to Camp Melgs.
Motor Transport Corps.
Second Lieuts. Charles u. wallace, John
Harry appointed First Lieu tenants.
First Lieut.. Albert y Higgins to water
Tank Train No 500, Camp Holablrd'
Lobbens +. Bisscii to Camp Joseph u.
Johnston for duty at Motor Transport
Corps Training School.
Sanitary.
James Alanson Chiids appointed Captain.
TO Camp Greenlesf for instruction.
Field Artillery.
Following appointed as shown, to duty -
Second Lieut.. Everett g. Hsr,weii. First
Lieutenant. to Fort Sill, Oklahoma, for
duty. with School Of Fire.
First Lieut.. James Finn Rodsson- Cap
First Lieut.. James Finn Hodgson. Cap.
Lieutenant. to Camp Mcclellan, for duty
with Thirty-ifth Field Artillery. a..
Capt. Harry Howe. Major. to duty with
Thirty -hrst Field Artillery. Camp Meade.
Second Lieut.. Stanley II. Challenger. First
Lieutenant, to Leon Springs, Texas, for
duty with Forty NTH Field Artillery.
Second Lieut.. Francis NJ. II. Darcy. First
Lieutenant. to Camp Travis. for duty
Capt Roy b. Blount. to duty with FRI
teenth Ammunition Train. Leon Springs.
Capt. Charles c. McGovern, to Camp Custer.
FOurteeuth Ammunition
Train. 40
| Signal Master Signal Electrician Eugene
Clarence Helwig, appointed Second Lieu-
tenant, to Fort Leavenworth, for duty
nj signal Corps School and Training
Camp. f.sN
Tank Captains Seymour g. Garrett and
Allie l.. Conc OF Engineers, appointed
Captains.
First Lieut.. Rice w. white, Engineers, APP
pointed First Lieutenant
Second Lieut.. Robert II. Eohr, Engineers,
appointed Second Lieutenant. 81.
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
SENATE POSTPONES
PRIMARY INQUIRY
Majority Believes Political
Effect Is Being Sought.
special Despatch 10 TnE srx.

WASHINGTON. Sept. 28.-By vote OF
10 to l the Senate Committee on Privi-
leges and Elections postponed to-day
consideration of the resolution OF Sena-
tor Pomerene (Ohio) to investigate the
primary election campaign expenses OF
Senatorial candidates. Only Senator
Pomerene stood out for immediate ac-
ton. The npstponement was until No
,ember Is. with the chances even that
on that date the investigation will be
postponed indefinitely.
The expenditures OF Truman II, New
berry. the victor in the Republican
primaries In Michigan, and OF Medill Nc
Cormick, winner In Illinois, were ad-
mittedly the prime objects of the pro-
posed inquiry. What the friends OF ex-
Senator Elkins spent in West Virginia
was also matter OF interest TO Senator
Pomerone. but similarly less enticng TO
the other members of his committee. The
votes favoring postponement until after
election were east by Senators Reed,
yardaman. Thompson and King. Demo-
Gratis, and Dillingham;. Kenyon. Sher-
man, FAN. Knox and Kellogg. Repub-
| leans.
A suspicion lurked In the minds of the
opponents OF a prediction Investigation
| OF election expenses that political effect
was the only object sought TO be accom-
plished, and in private they announced
this view with refreshing frankncss.
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
SOLDIER AUTHOR OF
CAMPAIGN APPEAL
Democrats Disown Advertise
ment Of Wilson Plea in
Davies's Interest.

WASHINGTON, Sept 2s.-The Demo-
cratic organization in Wisconsin was not
responsible for the advertisement In
serted during the Winconsin Senatorial
election telling soldiers that President
wilson as their Commander in Chief
wanted them to vote for Davies for SEN
ator. according to a statement issued at
the White House to-day by Secretary
Tumulty.
This advertisement was referred to by
Chairman Hays of the Republican Ma
tional Committee in his recent CORE
spondence with Mr. Tumulty as an evil
dence of Democratic craftsmanship. The
advertisement appeared in a paper al
Rockford. Ill. and caused a sensation
because II was addressed 10 the Wis
consin soldiers at Camp Grant.
In his letter to Mr. Hays Mr. Tumulty
did not reply to this feature Of the at
tack. but asked William ]. Cochran, di-
rector of publicity of the Democratic
National Committee, to ascertain II any
one connected with the Wisconsin cam
paign had authorized such advertising
Mr.. Cochran's letter follows:
my DEAR Mr.. TUMULTY: During the
greater portion OF the time covered by
the Wisconsin Senatorial campaign
was In Chicago and In close touch with
the management Of the campaign fol
Mr.. Davies. the Democratic candidate
for the Senate. which was directed from
State headquarters at Milwaukee, Nc
advertisements in behalf OF Mr.. Davie:
were authorized by me or by any one
connected with the campaign. 70 far a.
I know. to be published in the news
papers outside OF Wisconsin.
mo such advertisement as the one
you quote was inserted in any W!scon
sin paper. After the election was In
formed that a Wisconsin non-commis
stoned officer temporarily at Cam
Grant, acting upon his own initiative
had inserted the advertisement you have
quoted in the Rockford Star. The sol
dier. who was very earnest in the sup
port of the candidacy OF MIR. Davies
wrote this advertisement himself and
paid for 1t with his own money. TIL,
Rockford Star in an editorial June -
revealed that the advertisement was ar
original composition right from a sol
diers BRAIN"
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
CANAL INDUSTRIES WIN.
Cayuga-seneca Water Power Not
to BE Shut of.

ALBANY. Sept. 26.-Nore of the indus
tries dependent upon water power from
the Cayuga- Seneca Canal feeders will be
compelled to shut down tomorrow he
cause OF the order of William W.
Wotherspoon, State Superintendent of
Public Works. shutting off the use of
the water until the navigable supply has
been replenished.
Gen. Wotherspoon modified his order
after hearing to-day before Gov. Whit
man attended by those interested so that
the various industries affected will be
permitted to draw enough water to per
NIT their operation night and day with
steam plant assistance.
1t was shown that little use IL made
OF the Cayuga-Seneca Canal and that
the expected shipment OF thousands OF
tons of coal throughout New York State
by water from Ithaca and watkins
which tap the Pennsylvania coal fields,
has not materialized.
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
FREED AS GAFFNEY'S AID.
Callahan Not Guilty of Helping
slayer to Escape.

John Callahan. whose leg was broken
when he attempted TO flee from the
Tombs at the time Vincent Gaffney
escaped. was acquitted on a charge OF
aiding Gaffney by a jury in General
Sessions Court yesterday. Callahan was
In the Tombs when he said that he
saw an open window through which
Gaffney had escaped and that he also
tried to get out. He got through, but
fell and was captured.
Judge Malone. in reviewing the facts,
criticised the police for the conditions
in which a man might escape from
prison. be cornered and escape a second
time, to remain at large. Callahan was
returned TO Elmira Reformatory, where
he had an unexpired term to serve.
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
LA MONTE LEADING
IN N. ]. SENATE RACE
3 Democrats Claim NOmina-
ton, but Soldiers Vote Is
Needed to Decide.
9 WIN 10 COUNTIES EACH
Simpson 222 Behind Pacemak-
err. With Hennessy Third
How State Lined Up.

After a State primary election in
which three candidates for office ran
nick and neck almost to the last votes.
the returns from all of the New Jersey
counties in the United States Senatorial
contest Indicated at a late hour last
night tina. George NJ. La Monte. former
stat, Commissioner of Banking and In
surance. has been chosen as the Demo-
cratic candidate over former State SEN
ator Charles O'Conor Aennessy and Al
exander Simpson Of Hudson county.
All three candidates are claiming the
nomination and It Is expected the SOL
d,er vote of the State will decide the
issue.
The final returns. with only four dis
tricts missing. gave La Monte 1912
votes Simpson was q close second with
1880, and Hennessy third with 1928.
Frank NJ. McDermif of Essex county
was credited with a total vote Of 1894.
Conservative New Jersey Democrats
who have watched this particular con
test are not inclined to comment on the
outcome until the soldier vote Il counted.
II is agreed that fair majority of SOL
der votes is all that 10 necessary to
bring victory to any one Of the three
leading candidates.
First One, Then Another Leads.
A. the late returns were being received
In Trenton yesterday the standing of
Ia Monte. Hennessy and Simpson see
sawed back and forth and excitement ran
nigh. Before the returns from the more
southern counties were received, first
Hennessy and then Simpson were the
leaders, but La Monte forged to the front
nd
him comfortable majorities.
Because the result of this candidacy
will hinge on the soldier vote, Secretary
OF state Martin said last night in Tren-
ton that special efforts will be made to
have the commissioners who went to the
camps to get the votes turn in their re-
ports as rapidly as possible. He esti.
match there are approx M ,tely 5000
Democratic soldier votes He said the
ballots can be distributed in the differ
ent counties in two or three days, but
admitted that II might take longer. In
the meantime the three leading candi-
dates will continue to claim the nomina-
ton.
Returns late last night showed tina,
La Monte carried the following coun.
ties: Burlington, Camden, Cape May
Cumberland. ESSEX. Gloucester. Hunter
don, Monmouth. Salem and Somerset
Hennessy carried Atlantic. Bergen
Mercer. Middlesex, Morris, Passaic, Sus.
sex, Union. Warren and Ocean.
The ONLY county carried by Simpson
was li'sdson, whore he received 11,342
votes. against 3.76s for Hennessy, ASIA
for McDermit and s,19s for La Monte
His strength in Hudson county carried
him to the end Of the race, as he rar
consistently in the oth.r counties. ever
though outpaced by his opponents
How the Counties Voted.
The vote by counties for the three
leading candidates with a few districts
missing was:
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
SHORT LINES TO BE HEARD.
Hctdoo TO Renew Negotiations for
Federal Control.

WAsHiNGroN, Sept. 26.-Negotiations
ov'r the proposed contract for short
~" rallrosds between the Railroad Ad-
n'tlS'ratlon and the representatives OF
w" American Short Line Railroad As
80 Ton. have been renewed.
y aas announced to-day that con-
''F"uce between Director-Genersl Nc
Nd"o and the railroad men will be held
saturday, The negotiations were se-
pended recently after vain efforts 10
reach an agreement.
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
Five Upton Men Now Colonies.
Special Despdtch 10 THE srS.

CAMP UPTON. L. l.. Sept. 26.--Five for
mer Camp Upton Lieutenant Colonies
have been elevated to Colonelcies in
France They are Lieut.. Col. Walter Il.
McCaskey. formerly assistant chief of
stan and commandant OF the training
school for officers: Lieut.-CoL Thomas
J. Powers, formerly chief OF stan
Lieut.. col, Garrison McCaskey, s06th In
fantry; Lieut.-Coi. J. ]. Boniface, 30sth
Infantry, and Lieut.-coL J. C. Rhea,
305th Infantry, f.,. i
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
Vermont Democrat. for Suffrage

BURLINGTON, Vt. Sept. ga platform
'ndorsing the war policy OF the Admins
traton and favoring woman suffrage
va adopted at the Democratic State
convention to-day. No mention was
made OF the national prohibition amend
ment-
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
Favors Vote on Prohibition.

As to his attitude on woman suffrage
and prohibition the candidate said:
IT am in favor OF the passage of an
amendment to the Federal Constitution
enfranchislng women. / am not In favor
OF the passage of the pending prohibit
ton amendment until the question has
first been decided by the people of the
State by referendum. To those who would
see Inconsistency in this attitude. l de-
sire to say that the question Of woman
suffrage was submitted to the people OF
the state less than one year ago. and
they voted overwhelmingly in favor OF II.
The prohibition question Is one that
deals with the daily life and habits or a
great number OF people IN this State.
and before 1t IL adopted 10y the Legisla-
ture | deem 1t good, sound democratic
theory that they he permitted them
selves 10 pass upon It. II a majority OF
the people approve II by their votes
shall give its passage more sincere aid
than the present Governor did at the
last legislative session"
The candidate pictured himself as
man who by experience was fitted to
be Governor In degree that few men
were, saying:
II saw many OF the activities OF the
State the day OF their birth and have
| watched them ever since. / will bring
TO the office OF Governor an experience
that few men in the State have had.
| understand the people of this State as
| ] understand the State itself. i gained
my knowledge by working night and
day all during my legislative career.
What I was deprived Of in the way OF
education In my youth. by hard labor
| have tried to make up in later years.
II am in a position to appreciate the
greatness OF the State and OF the coun-
| try that gave me the opportunity TO be
, the candidate OF the Democratic party
| for the greatest office In the gift OF the
| neople OF this state. II am called TO
| thi. great office by the people. I promise
them 10 discharge my duties with all the
energy, all the force and all the vigor
that possess"
The speech ended with a patriotic
peroration. In which he said he agreed
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27
How the Counties Voted.

The vote by counties for the three
leading candidates with a few districts
missing was:
The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-27

eli, Frank {. Benson. Dana e. Htll, Paul
II. Lambert Frederick collins M.l.i"m
Gardner. William J. Henry, Donald @
wc"st, claude y. f.Reiow, william X
MuFnes Alfred $ EAe Ti'SJ G,,y Fp'' NJ
Loath. George {, Hcistermann, Nirvil y.
charles. william r. Hin, william An
thony Oldheld, Thomas Cornish Bolton.
X. sheldon. william NJ, wood. John
Woods, Robert II. Ever. william Z.
l. Kelley Abraham y; Levin. Herbert
y Steiner, Frank g. Ernst fhilip l..
AlEer. Marvin Il. Nulson, BENJAMIN II.
Ball. Francis J. carr william +. Moore,
charles e Richards. Herbert u. Froerer.
Charles L. Chllds, EdmarI X, Kent
Ernest @ Hunter. W,iIiam ~ H&nRh'
bic, rhiiip q. Potts Fred 7 Shulta, Alex
Pnd"r ". I.imont, william \, Ware, Ber'
narl " Wolf Hobart s. Weaver, Git-
ford cutler. Albert Redo Williams Rich
Hrl y. Roger, Harold f. Mann. Paul r.
Gwyn, Harold W, cauPcr, Walter =.
Hsgk Y ydNS H. T"rH"F w},om mHn KEY W
FLOYD NJ, Jameson, walter II, Schlo,k
william G, Blackham, Francis o Helm,
ArE,n Page Harry !. Lewis, Ashhol 7.
W. Burns. Reuben NJ. Brockway. John
y, Shcllcross. william 7, Dur, William
u, Martin, Robert \. Chadwick. John l..
u Johnston. Edward NJ Luitleler,
Edward =. Abbott. Harry {. Maui. Jr
Karl /. Thielscher. Albert u Msithsi,
joseph y Renwick, lr,. Eugene D.,
Smith. Ralph Bumenfeld. George n.
Fi'bcrt, William -. Huntley, Gerald NJ.
Goholen. william IL W. skerrctt, Man
rice +. Roche, Earl S, Russell. ward
Van Alstyne. Wheeler d. Allen. Arthur
II. Blood, John S. Keir. Woodward w
Cochran, Gordon X. Edwards. william
r, Diesel, Harry A. DIN. Minor NJ
Ressel. Louis r, schwartz, Jr, n. Wal.
ter Peterson, clifford u. Peters. Richard
s. Rowlett, Jesse IL Webb, Paul II
Engsl, willard a. Jackson. Eugene, +,
Armstrong, Lewis y. Robinson, Arthur
X. schulz, Clarence F. Msckay. Haliett
d. Howe; Lawrence Davis Herbert Il.
Hammond, Jr, Lawrence S. Sheldrick.
Roye Coleman, Herbert IL. Hall. Francis
T. Iarkln' John W Bsrnhsun. August
j, Hsnning. Frank J, Yuhse, John l..
Armour, William :, Pounds. Irving lisa.
dore Green, Harold l.. Sloeum, Harry
smith. Henry shepherd. Alfred H. Law.
son, Frank u. Rusk. Harold l.. Jillson,
!. Kenneth u. Gordon. Philip 2. wsisbers.
~ = u
The Alaska daily empire., 1918-08-21
SOLDIER BOYS FUNDS
 GIVEN TO RED CROSS;
 FORMER JUNEAU MAN

Recently The Empire contained the news of the death of Clem Summers, who was born in Juneau and whose father was formerly pres. dent of the First National Bank of this place Another clipping from an outside paper says:
 This past week, c. M Summers sent our Ashland Red Cross a hand some sum of money, which his son Clem had before his death entrusted to his fathers keeping. In present ing this gift in his sons name, MT Summers wrote that he knew Clem would be glad to have this money part of his pay from the Govern ment, passed to the Red Cross to be of some aid to his comrades. II
 needless to say that no other re membrance ever received by our To cal organization has called forth such feelings of gratitude and griet IS this one, given as last, fitting tribute to the gallant young life just sacrificed on the battlefields of France.
The Alaska daily empire., 1918-08-21
EYE WITNESS
 GIVES DETAILS OF THE MURDER
Says Assassins of German Ambassador Concealed Weapons Under the
 Table.

AMSTERDAM, Aug. 21. - Rus sians who assassinated General Won Mirbach. the German Ambassador to Russia, concealed their weapons un- der the table over which they were conversing with the German diplo- mat, according to details of the kill ing published by the Berlin Lokal Anzeiger as coming from an eye-wit- ness of the murder.
 Count Mirbach, Privy Councillor, and Lieutenant Mueller, were seated with the two Russians at marble table in the middle of the room" 1" says the witness. "On one side were the Germans. and on the other the Russians. All were seated in low leather chairs, which was an advantage for the Russians as they were thus able to get their weapons ready under the marble table with out being observed, while their vic tins, leaning back in their chairs, offered an easy target.
 During the conversation the Rus sians began to turn over the pages of their documents as though in search of some missing papers, and the attention of the Germans was thus distracted by this pause. While Count Mirbach and his colleagues imagined that the Russians were ex- amining the documents, they had drawn out their weapons under the cover of the table
 They then sprang up with re. volvers, and began firing; one Rus sian aiming at Count Mirbach, the other at the two other Germans Count Mirbach was hit in the back of the head. On hearing the shots