davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1922-05-31
 SEVENTH DIVISION COURT DOCKET ON
By FRED H. GORMLEY Montgomery Bureau, The AEe-Herald, ~xE

Montgomery, May 30.--tSpecial.)- )- With the call of cases appealed from the Seventh division. the supreme court and court of appeals. this week. will start upon the last month of submissions for the term which be- gan last October. Following the call Of the Seventh division this week the court will take up the call of the Fourth division next week and the call of the Second division the week of June 12.
 Final adjournment will come by limitation of the law June 30 and during June a large number of de- cisions probably will be handed down. It is always the practice of the two courts to dispose of all criminal cases as early as possible. Special terms may be called during the summer If the courts deem them necessary for the disposition of the cases. Wa Cases which will be taken up th ! week wih come from the counties of Calhoun. Cherokee. Clay, Cleburne. DeKalb, Etowah. Randolph. Shelby. St. Clair and Talladega.
The Birmingham age-herald., 1922-05-31
THREE

other part of the old Briar patch. leaving Peter to wonder If he really had done something he shouldn't have done
 Alone with her five babies. little Mrs. Peter forgot her anger. That was just like Peter1 said she to herself "Of course it upset me to find the Chuck family right In the midle of our Briar %patch, but guess 1t was the only thing for Peter to do. I'm glad he did It. Perhaps the chueks won't be such bad neigh bors after all"
 Copyright, 1922. by T. w Burgessl
 The next story: Peace and Hap- piness in the old Briar- patch"
The Birmingham age-herald., 1922-05-31
Dismissal Order
 In Editors Case In Edito's Case
Fly FRED H. GORMLEy Montgomery Bureau, Tho Age Herald, 22i-2 First National Bank Building

Montgomery. May so.--tsnecial)- Because It was not brought by the attorney general as required by the
The Birmingham age-herald., 1922-05-31
NEGROES ARRESTED
 ON BURGLAR CHARGE

Meridian. Miss. May so.--(speciall With the arrest in Meridian of Wal ter Hopkins and Fred Dennis, ne- groes. by Constable Walter F. Pull liam, the authorities believe they have captured the ring leaders of an organized gang of housebreakers and store burglars. The specific charge against the two blacks under arrest is the bur glary and robbery of Mar tin & Cooper's store on the outskirts of Meridian, and the store of Weich & Doris of Chunkey, a few nights ago With the arrests a large amount of goods alleged to have been stolen was recovered and identified by the owners. It was stated late today that other arrests are likely in the next few days.
The Birmingham age-herald., 1922-05-31

-Eeter 1kaDDlt.
 Little Mrs Peter Rabbit knew nothing about what had happened to the Chuck family She had been in another part of the dear Old Briarpateh when Reddy Fox dug open Johnny Chuck's home So 1t gave little Mrs. Peter shock when she came hopping along to the heart of the Old Briar- patch and discovered the yellow sand flying out of the doorway of the old house there.
 What does this mean?" she de- manded of Peter. who was sitting nearby looking on.
 Johnny and Polly Chuck have taken this old house and they are improving It." replied Peter.
 Taken our old house" exclaimed Mrs Peter. What right have they to take our old house?"
 Well, you see I told Johnny Chuck they might have It." replied Peter.
 You told them they might have 1t! You told them they might have our old house Are you crazy, Peter code. the court of appeals Tuesday afternoon dismissed the petition of the state ex he W. T. Slebels, soiici- tor for Montgomery county, for an order requiring J. J. Curtis. judge of the Fourteenth judicial circuit to reinstate a case charging criminal libel against c. R. Walker, editor of Walker county newspaper.
 When the petition was submitted last week O. c. Maner, who appeared in support of the petition, admitted that the attorney general should have brought the petition. Maner. acting In the name and with the authority of Solicitor Siebels, filed the petition which would have reinstated case brought by MT. Maner, who alleged that Walker committed criminal libel by the writing of an editorial regard ing Mrs, Maner, who Is a candidate for membership In the house of representatives from Montgomery county.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
REV. BENZ. N. JOHNS
TO BECOME PASTOR
OF GRACE CHURCH
Successful Oneonta, N. Y, Min
ister Will Succeed Dr..
SumWalt.
TAKES CHARGE NOVEMBER 5

Rev Benjamin NJ. Johns, pastor OF
the First NJ. f. Church of Oneonta,
y. Y, has accepted n call TO the pas
torate Of Grace Church, to succeed
Rev. John w. II. Sumwalt. resigned.
He will assume his new duties on Sun
day, November 5. DIR. Johns attend
ed the morning service in Grace
Church last Sunday.
DR.. Johns is a graduate OF the
Wesleyan University, Middletown,
Conn, and has hitherto held no charge
except within the Wyoming Confer
ence. in which Oneonta is located. He
went 20 the Oneonta Church in 1917
and has been very successful as pas
tor. He is about 43 years old. is mar
ried. and has a family of four chill
dren.
The newly appointed pastor is re-
ported to be a man OF impressive
personality and an eloquent speaker.
The call TO the pastorate was extend
ed following his visit TO Grace Church
on Sunday. and his acceptance meets
with approval, IL was learned today
a number of ministers had been under
consideration by the church.
DIR. Johns will retire from the
Oheonta Church the last Sunday in
October. His departure from that
city will be greatly regretted by the
residents, according TO reports from
Oneonta. DIR. Sumwalt, whom he sue
ceeds, preached his farewell sermon
Continued on page IA.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
BRITISH POURING TROOPS
INTO THE NEAR EAST ZONE

Constantinople. Sept 30.-Large
forces OF British infantry have been.
landed here from the transatlantic
liner. Glcngorm Castle. These SOL
diers are to reinforce the lines ON the
asiaiie side of the Bosphorus which
the British will defend in the event
the Turkish Nationalists army AT Is
mud begins movement toward Con-
stantinoo,c.
The kemallst army is understood TO
consist of two divisions.
When the Glengorm Castle entered
the Golden Horn and the masses of in
fantrymen became visible from the
city the immense gatherings OF Greeks
and Armenians seeking visas outside
the inter-Allied passport bureau
melted away. The expression was
heard: We wont bother with pass
ports now. The British are sending
ships and troops"
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
JUDGE ACQU|TS POUL|N
. ON REASONABLE DOUBT
Believes, However. He Was Un-
duly Intimate With Profess
sor Tiernan's Wife.
BY Associated Press to Every Evening.

By Associated Press TO Every Evening
South Bend, Ind. Sept. 30.--Harry
Poulin. local haberdasher, charged by
Mrs. Augusta Tiernan with being the
father of her third child was found
not guilty in city court here toda,.
Judge c. l., Ducomb made il plain
in his comment, that he found the de-
fendant mot guilty" in the strict sense
of the word. He said he believed there
had been intimate relations between
Mrs. Tiernan and Poulin. The fact
however. that Prof. Tiernan had lived
with his wife throughout the entire
affair created the reasonable doubt
that made it legally compulsory TO find
for the defendant.
Prosecutor Floyd Jellison and Prof.
Tiernan announced after Judge Du-
comb had rendered his opinion that
the case would be appealed and car
ried. 10 the Supreme Court of the
United States if necessary. THE deci-
sion was a great surprise to me- de-
clared Prof. Tiernan, 1T swept me
completely off my feet"
| Mrs. Tiernan tainted as she was
| leaving the court room and was taken
/ to her home in a taxicab.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
DIVERSIFIED SIGNALS USED BY TRAFFIC OFFICERS
CONFUSE MOTORISTS, ATTORNEY TELLS COURT

That the Interpretation of traffic
signals in this city is not uniform was
the charge made by Philip l.. Garrett,
attorney. who appeared as counsel IN
Municipal Court this morning FOR Will
liam j. Dwyer, 1903 Gilpin avenue, ar
rested yesterday afternoon at Eleventh
and Washington streets when an auto
mobile operated by Dwyer struck ard
knocked down Samuel b. Johnson, six
years old. The charge of violating the
traffic rules and an additional charge
OF assault and battery was made
against, Dwyer. After hearing the
testimony of the defense and prosecut-
ing witness, Deputy Judge lynn dis
missed the case. 1t was The conten-
ton Of the court that the dcfen,lant
1ad not violated the traffic rules arid
that nc had stopped ~ machine at
the signal CT the offieer stationed at
the intersection Of the two streets.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
ILLEGAL SEIZURE OF
LIQUOR DOES NOT
WARRANT RETURN
Majority of Court Also Rules It
May be Used as Evidence
in Prosecution.
JUDGE RODNEY DISSENTS

In the case of the State of Deia-
ware VS.. Wasyl Chuchola. an indic:-
n.ent for the Illegal possession of
spiri,uous llauccs. Chief Justice Pen
newill handed down the following o.i'n-
ion on a motion FOR the return o" de-
struction Of liquors illegally seized.
THE statute under which tho de-
fendant was indicted is in part >as fol-
lows; II; shall be unlawful for. any
person TO have in his or her posAes-
sion. at any one time, more than one
quart OF spirituous liauns.' Chapter
; 10 t2), 90 Laws of Delaware, 10.
"There are two questions TO be con-
sidcred. j. Must the liquor that was
eeized be- returned or destroyed by or
der of the court, upon the applica
ton of the defendant made before the
trial, so that 1t cannot be used
AGAINST him as evidence at his trial?
"2. Can the defendant be indicted
for the unlawful possession of liquors
when paragraph of the law of this
Law" provides that the person sIr
charge OF the premises where such
liquors are found, shall he subject &c
trial on the charge of selling or keep
ing or steering for sale unlawfully such
liquors?
The real question before us is, car
Intoxicating liquors, the possession o.
which is unlawful, found and eeizeC
in defendants house without a war
rant. be used In evidence against hin
Al his trial?
Whatever may have been the Law
before. the L. s. Supreme Court ha:
held in the latter cases that papers
documents and other private property
seized in the house or office of tbs
owner, without a warrant, cannot b'
used in evidence at the trial. il theii
return Ia asked for al the proper time
because the seizure was in violation
of the Fourth Amendment to tn,
Federal Constitution, which provide,
that The right of the people to be Sc
cure in their possessions. houses, pa
pers and effects. against unreasonabl,
searches and seizures, hall not be vlo
lated etc.
IL has ais obeen decided by the sal,
Supreme Court that property seize,
without warrant must be returne,
80 the owner If application therefor
Ia eeasonably made before the trial.
1T Is difficult to see any consitu.
tional connection between the illeya
Continued on page 6.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
SULTAN STILL STICKS.
Does Not Propose to Abdicate;
BIames Woes of People
on NationaIists.
BY Associated Press to Every Evening.

by Associated fres5 TO Every Evening.
Constantinople, Sept. 30.--In a let
ter to an intimate friend, the Sultan.
reports OF whose abdication have been
In circulation, declares he will not
abdicate.
Il shall continue TO discharge my
holy duties until the end" he wrote.
When the Nationalists enter Constan-
tincple ] shall have something
pertinent to say to them. have done
what I believed was TO the interests
Of my country and to my people.
have made mistakes but they wers
human. The Nationalists admit l
have been kept a prisoner in Con-
stantinople. Therefore how can 1 be
responsible fer the adversity of my
people,"
The palace officials say the sultan
is firmly resolved TO retain his throne.
However, should he be forced TO alb
dicate he will be permitted 10
remain on Turkish soil. it is under
stood. 1t is suggested he will give
enc of the numerous palaces on the
Bosphorus. in one of which his
brother, the late Sultan Abdul Hamid
died
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30

In presenting the case 10 the court
Mr.. Garrett declared that confusion
results from several methods of sg-
mailing by traffic policemen. lie said
both the hand and semaphore are. used
to direct traffic. He made especial
mention OF under hand signaling
which had been adopted 10 designate
II short right hand turn. Ii was
further declared by the attorney that
the present traffic regulations are in
adequate
After bearing the tesanony Jual e
LINN declared there was nothing TO
do but dismiss the case. He said no
gross carelessness had been shown by
Dwyer while operating the machine.
The Johnson boy was knocked down
after Dwyer said the officer md given
him signal TO proceed. This charge
the officer denied. The child escaped
injury.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
ATLANTIC REFINING
CO. BUYS TRIANGLE
Will Erect Up-to-date Gas Sta
ton at Delaware Avenue and
Washington Street.

The Atlantic Refining Company will
break ground Monday for a gasoline
service station to be located on the
triangle at Delaware avenue. Eleventh
and Washington streets. The station
will be up-to-date and fine in every
way, ii was stated today.
For two weeks the triangle has been
used as playground by Community
Service.
The company has bought the prop
erty from Wilmington Lodge of Elks,
which had planned TO erect a building
there. The price paid is given in the
property transfers at City Hall as
$4,000. The property was originally
the site of the New Jerusalem Church.
which, in order to permit Of the widen
ing of Eleventh street, was moved 10
Pennsylva mia avenue and Broome
street.
The Elks have bought their building
at l105 Market street, from the c. p
Johnson estate for $4,000.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30

C0NsTANTINE LAYS ASIDE
$4,000, 900 AGAINST WOLF

Paris. Sept. 30-Ex- King Constan-
tine is in no danger OF being reduced
TO the penury which embIttered the
last days OF former Emperor Charles
of Austria Hungary. according 70
Greek circles in Paris.
It is asserted that Constantine took
precautions against this long ago and
has 10000 900 gold francs $4,000. .o00)
in safe Investments, deposited partly
In New York. Brazil and Switzerland.
In addition, as soon as the situation
IN Greece became disquietsng. the
magnificent Jewels OF Queen Sophie
and the royal household plate were
shipped off TO Zurich, Switzerland. in
charge of a trusted friend and safely
deposited in the vault OF a bank there.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
BR|TONS OPPOSE
WAR AND CONDEMN
PREM|ER'S POLICY
Press and Public Severely De-
nounce Lloyd George for Med
ding in Foreign Affairs.
LABOR ENTERS A PROTEST
py Asroclated Prers 10 Every nvenlng

London, Sept 30-The gravely de-
spondent view held I'm official quarters
here regarding the prospect of avoid
ing war with tho Turks is shared In
allied military circles In CONSTANT
nuple, according 10 dispatches from
the eastern capital 10 The Associated
Press
Mustapha Kemnl Pashas require
ment that the British withdraw their
troops from Asia Minor as condition
precedent TO n limited retreat OF the
Ottoman forces from the neutral zone
OF tho straits ls looked upon by local
military opinion as closing the door
to pacific settlement OF the present
dispute.
Whether this is the final view Of the
responsible military heads does not APP
pear, Huge responsibility rests with
the latter and their political colleagues
How and when the attempt 20 en-
force the governments demand for
the withdrawal OF the Kemalists IL
to be made now lies with Brlgsdier
General Sir Charles Harrington and
! Vice Admiral Sir Osmond Brock, com
manders of the British military and
naval forces In the Near East, and
Sir Horace Rumbold, British high
commander In Constantinople Their
decision Is awaited with profound sus-
pense.
If war breaks-and at the moment II
appears that almost n mircle will be
needed to avert itLGreat Britain will
enter IL under disGouraging auspices
for the preponderance Of opinion in
the nation is not behind the govern
ment
1t is impossible, OF course, to say
that the nation viii not rally to the
governments support II fighting be
gins but at present the voice Of the
people, SIS represented by the press. 4,
raised in condemnation Of the manner
In which the whole Near Eastern stu.
alton has been managed.
Prime Minister Lloyd George. whf
but yesterday was national hero
now is the butt of violent criticism
accused of having meddled with inser
national politics which he does no
understand. and OF having brought IN.
country face to face with another war
| f't 'N'" "'s't hto 'AAftlt ol WHICH can
not bo foresesn, and all for the pur
pose OF saving the faces OF bimsel
and his colleagues.
Some OF the comments are quit
vicious In tone to discredit the premie
with good Intentions but nevertheless
condemn his policy.
Labor throughout the country Is ~
In arms against the idea Of new wa
and. although no definite threat ha
yet been made. there have been sinis
ter rumors of Industrial action TO pre
vent prosecution Of campaign agains
the Turks.
The general anxiety of the Britis
people is deepened by the prospect q
additions to the already enormou
taxes which are n legacy OF the worl
war. It is figured in some quarter
that the preparatory measures 70
war such as the moving of troop,
stores and warships to the Near Eas
already have run the country INFO IN
expenditure Of 100000 pounds sterl
ing.
There is a confrmable runor III,
Sir Robert Stevenson Horne. chancel
> lor OF the Exchequer, dismayed at III
outlay and the certain ruin of hi
budget program, has threatened TO RS
sign.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
100000 REFUGEES
FACE STARVATION,
U.S.ENVOY REPORTS
Must Have Immediate Food TO
Save War Victims From
Perishing.
TURKISH INVASION FEARED

BY Associate Press 20 Every Evening
Constantlnople. sept 2s.---Wireless
dispatches 10 the American Embassy,
and reports received by The Associate
ed Press from smyrna, Saloniki,
Rodosto and the Islands Of Mi;yieDs
and Cbios show that thorsands OS
refugees are In danger Of perishing IL
assistance does not arrive promptly.
Conservative estimates place tho
number Of sufferers at 100000. Tho
Greek revolution has resulted IN Ut
ter administrative chaos and COM
olete breakdown OF all the normal
processes Of life a message from
the American relief workers on the
island Of Mitylene says:
"The situation Is desperate. Refu-
gees. crazed by hunger, are throwing
( themselves into the sen. There 10
no bread on the island Rush 800
! tons % -four Immediately. Three
Americans are struggling 70 look after
/ i5O. 900 refugees Thirty thousand
more are expected today"
A wireless message from Corn-
mander Halsey Powell. Of the Arneri-
lean destroyer Edsall, al Smyrna. says:
Americans evacuated 81 900 (refu-
gees) today. Total for two days. 7s,-
900. Between 10000 and $4,000 ars
in the immediate vicinity. Expect
more ships tomorrow"
Messages from Rodos,o say ths
Greek troops there number 10000.
that they are undisclpiined and that
the population Is in CONSERVATION at
the prospect Of a Turkish invasion.
Fifty thousand refugees have been
removed TO the Interior villages. but
$4,000 remain. They face a grave
food shortage. coupled with an OUT
break of typhoid fever, owing TO the
polluted water supply.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
N. GAMbR|LL ACQUIRES
TITLE TO PARKWAY
Purchased at Sheriff's Sale,
He Has Not Decided on
Its Future.

Melville Gambrill has a photoplay
theatre on his hands. Yesterday he
acquired title to the Parkway Theatre
a, Delaware avenue and Adams street
which he bought some time ago al
SheriT's sale. But he doesn't know
what he is going 10 do with ii. In all
likelihood. he says, he will endeavor to
sell it. Just at present, however, its
future is very indefinite
3 The Parkway is one Of the bes,
motion picture theatres in the city
It was built at considerable expense
along the most approved lines, and
with the very best equipment. 1t has
been idle for some time.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
TURKS MAKE PROTEST
ON GREEK CRUELT|ES
Threaten Invasion Of Thrace by
Their Army in Reprisal for
Prosecutions.
BY Associated Press TO Every Evening

Angora. Sept. 30.-The National AZ
senbly s debating the terms Of the
Angora governments reply to the al
lied peace proposals. The reply is ex-
pected 20 be ready fof" transrnission
to the allies by the middle Of next
week.
Yuseuf Kernal Bey Turkish Nat on
aliHt foreign minister. has protested
TO the alliee ngainst the alleged afro
cities and destruction Of private prop
erty directed against the Moslems in
| Thrace.
Unless these prosecutions cease. he
said, the Turkish army will invade
Thrace and protect its compatriots suf.
fering oppression from the enemy's
army OF occupation.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
KING ALEXANDER SLAIN,
IS BELGRADE REPORT
Revolution in Jugo-SIavia, is
Unconfirmed Rumor Reach
ing Paris.

BY Associated Press to Every Evening.
port has reached the Hungarian News
Agency in Paris that revolution has
occurred In Belgrade and that King
Alexander Of Jugo Slavia has been
assasslnated.
The news agency gives cut this re-
port under all reserve"
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
JUNGLE JOE- WILL HIT OLD
TRAIL BACK TO ILLINOIS
BY AssocIated prcsa


Washington. Sept. 30--"rncle
joe Cannon dug into his cednr
chest today for sorns wooden
things he viii wear next week
when he hits the Same trail
westward 10 Illinois that he and
his parents took S3 yenrs ago
I'm emigratinR from the hills Of
North Carolina. The early yoy-
age westward was made
ln an old prairie schooner, out
OF the back of which "uncle
joe" then barely four years old,
watched the shifting scenery
and dreamed Even now. as he
approaches 81. he remembers
the nights he played around the
camp fire. the hardships and the
STARS that peeked dt-wn ut him
as he slept.
There Was something that re-
ssmbled tear In the veterans
eyes az he recalled today his
earliest recoilectlons of that
trying trip, but they sparkled
as he talked Of his coming trip
over the same old pike--this
time in an automobile.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
ZAIMfS PICKED TO HEAD
THE NEW GREEN MINISTRY

Athens. Sept. 30.--Aiexandre Zsin1is
who was premier when Constantine
vas expelled from Greece in 1917 andN
whose father headed the Greek Csbi-
net when King Otho / was dethroned
by the revolution OF 1862. has been se-
lected TO head the new ministry which,
is composed Of Independents, Venize-
lists and military officers.
II - now stated that Constantine
plans TO reside n Palermo, italy.
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-30
"Uncle Sam" Will In
sist Upon Mail
Receptacles

Have you receptacle on
your front porch, or al your
place OF business, for mail de-
livery? A door slot is prefer
able-but you must have one or
the other.
Uncle Sam makes the request
that you provide one-not only
for your own protection but to
eliminate the delays caused
many times when carriers do.
not find safe places in which 10
leave the mail.
Postmaster James J. English
hopes and believes the people
Of Wilmington will be prompt In
complying with the request OF
First Assistant Postmaster Gen.
erai Bartlett. The advantages OF
q door slot or mail receptacle
are many. and the cost is
trining.