davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1922-01-20
Timely Service Leader
Found Guilty Of Fraud
Charity Plea Used as Cuise
to Get Money Under False
Pretenses

George Messervey, founder and head
of the Timely Service Society. an or
ganization ostensibly for charitable
purposes, on trial for several days be-
fore Judge Mancuso and a jury in
General Sessions, charged with obtain
ing money under false pretenses. was
found guilty yesterday. He vas re-
manded to the Tombs for sentence on
January 26.
Messervey, who was one ot several
alleged charity organization heads in
dicted as q result of an investigation
by the District Attorneys Office into
promiscuous and unauth orzed solicit
ing on the streets and in the subvay.
for charitable purposes, WAS arrested
in November, when Mrs. Elaine Chase,
who worked in the Timely Service So
ciety for a few days under the impre.-
sion that it was legitimate. complained
to the District Attorney that ia col
lectors got most Of the noney they
took in, and that she knew ot very
little that went to actual charity.
Assistant District Attorney James
Donohue. who conducted the prosecu-
ton, brought out during the trial that
out of about $4,000 collected by the
society only about $o5 had visibiy gone
to charity. Messervey, who is a shoe
maker by trade, and his wife. however,
insisted they had not benefited by il.
The jury was out two hours. its ver-
dict carrying a recommendation Of
mercy.
New-York tribune., 1922-01-20
Robber Suspect Freed
With Shower of Cash
jury. Prosecutor and Court At
tendants Contribute for Pen
niless Victim of Error

Alfred j. Sutcliffe, fortytwo, Of 109
Fulton Street, Brooklyn. who entered
the Tombs on Christmas Eve penniless
and charged with robbery. was much
bewidered man yesterday when. in
stead Of going to states prison for ten
wears. he WAS released and cent away
with his pockets filled with money.
He had just finished telling his story
before Judge Wasservogel and jury
in the criminal branch Of the Supreme
Court when the judge consulted with
the prosecuting attorney and then in
structed the jury to acquit. This they
did, and when they found that Sut-
cliffe. who was an obvious victim Of
circumstances, hadn't even cnrfarc
home they went further and took up
collection. Even the court attend
ants and the prosecuting attorney,
Mr.. Pecora, contributed.
Sutcliffc was arrested Christmas Eve
when he went to the rooms of the st.
George Society and Leonard l.. Lang
ley, the manager, thought he recog-
nized him as one of three men who had
entered the society rooms The week
before and held him up, taking his
watch, chain and $210. On the stand
yesterday, in his own behalf, he said
he had been in the hallway uf the st.
George Society the night in question,
having gone there to try to get coat,
and na1 been Knocked over by three
men running out of the building. He
tried to follow them, he said. and did
not return that night. His story was
so convincing that the prosecutor and
the complaining witness both admitted
their mistake.
New-York tribune., 1922-01-20
Court Defines ExtOrtiOn
In Upholding Conviction
Unlawful Taking by Official
Under Color of His Office,
Judge Mavcr Decides

The United States Circuit Court of
Appeals defined extortion for the first
time in its history in affirming yes
terday the decision of the district court
in the case of Martin VS.. the United
States. The appellant was Depart
ment of Justice agent convicted Feb
ruary 21, 1921, of extortng $50 for
supposed services in fastening the visa
on the passport of German citizen.
He appealed on the ground that the
offense had not been defined.
Judge Julius M. Mayer in his opinion
upholding the decision in the lower
court ruled that precedent had estab-
lished the right to prosecute for
crimes not defined in the statute. He
pointed out that rob-" "steal" and
forge" likewise have remained unde-
fined, and that in each case the com
mon law or the ordinary meaning Of
the words has been accepted.
Prior to 1880, he said. cxtortion was
TWICE defined in the district court. Yes
terday he accepted Blackstones dcfini-
ton s the circuit courts understand
ing of the word: "Extortion is the
unlawful taking by any officer under
color Of his Office of any money or any
thing of value that is not due him, or
more than is due, or before it is due 1"
New-York tribune., 1922-01-20
Woman Dead With
Bed Afrc Found
To Be Gas Victim
Police Question Man Known
in House as s'O'Brien"
and Liberaie Him After
He Establishes Identity

Investigation disclosed last night
that Agnes Fury, forty-one years old.
who was found dead on burning bed
on the top floor of the roomng house
at 222 East Seventeen Street early yes
terday morning, died from gas poison
ing.
Tenants were aroused by noises in
the woman's apartment. Evidently q
quarrel was going on Soon they heard
apartment above was quiet The smell
of smoke led them to investigate, and
they traced it to room occupied by a
couple known as "Mr. and Mrs.
O'Brien." The landlord and tenants
found "Mrs. O'Brien" lying on the bed.
Flames We're consuming the edges of
the mattress on which she lay.
When Policeman Nietze, of the East
Sixty seventh Stret station. and DR..
Hiensky, of Reception Hospital, arrived
the fire had been eXtinguished, and the
woman was dead. Examination of the
body showed no marks of violence.
While the police were questioning
the tenants. the man known as "Mr
O'Brien' appeared. He said his name
is Andrew H. Davis, and gave 2409 Sec
ond Avenue as his address. He said he
had a wife and family, and had been
acquainted with "Mrs. O'Brien" for
twelve years. He said he was an Inter-
borough night foreman. Checking up
his statement, the police found it to be
correct, and Davis was not held. He
had been at work from p. m. until 6
a. m.
An insurance policy. s5.06 in cash, d
yellow metal wedding ring and some
clothing were found in the room. 1t
was reported the woman was known in
Harlem as Agnes Fury.
After performing an autopsy Dep
uty Chief Examiner Sihwartz made
this statements:
"fhe woman's death was caused by
carbon -monoxide gas poison, created by
SmCko.'
New-York tribune., 1922-01-20
Saw Soldier Slain
BY a Firing Squad
Near Battle Front
Teachcr-Veteran, Most Clear
Headed Witness Yet, Tells
Senators Youth Was Left
Unburied as Foe Shellcd

WASHINGTON, Jan. 49, = George
Washington Yarbrough, n high school
teacher Of Roanoke, Ala, and rated as
the wclterweight champion Of the A. e
f., told a Senate investigating commit
tee to-day that he had witnessed the
shooting Of an American soldier by a
firing squad near the Chateau Thierry
region in July, 1918.
Regarded by the committee as prob
ably the most clear-headed of all the
former service men tcstjfying concern
ing the alleged hanging Of soldiers
without trial, Yarbrough himself re-
luctant witness, declared the sight of
the man being led to his death, with
hands tied behind his back, made him
forget for the moment the screcchng
Of enemy shells flying overhead The
witness said he was close enough when
the officer commanding the squad gave
the order to fire to hear the soldier
barely twenty years old, plead to be
permitted to die with his eyes un-
bound.
Members Of the committee and Colo
mel Walter A. Bethel, assistant judge
advocate general Of the army, listened
closely TO the recital, for evidence from
War Department sources heretofore
presented failed to show where men
had met death that way Yarbrough
was pressed by Colonel Bethel, who de-
clared the witness was extremely intel
lgent; that he was not attempting to
break down his story, but seeking to
obtain some data which might enable
him to check up on the shooting. The
witness explained that he could give
the names of none of the men with him
at the time because they were not at
tached to his outfit
There had been camp reports, the
witness said, that the soldier was shot
for neglect of duty in battle. Asked by
Chairman Brandegee if the hootine
led him to believe there had been abuse
of power, Yarbrough replied nothing
Whatever" as he assumed that the of
out orders. But he thought then and
now, he added that if the army had
detailed squad TO shoot a comrade il
might have detailed another squad to
pick up the body and bury it.
Much testimony relating to alleged
abuse Of enlisted men cropped out again
to-day along with further references to
the conduct of Ha boiled " Smith
7. Sinclair, Of Westville, Oklahoma
testified that he saw three public ex.
ecutions at lille, or one more
IMAM SHOWN thele py the AT DePaf T.
ment records. Sinclair, who said his
name had been sent to Senator Wat
son by the commander of an American
Legion post at Westville, knew of nc
illegal execution.
James NJ. Elliott, of Newark, N. J.
who described himself as a lawyer, and
who served with a medical corps over.
seas, told of seeing two men showed
under faucet, fully clothed, and forced d
to stay there twenty minutes. One
died few days later.
Robert E. O'Brien. of Des Moines
Iowa, corroborated the testimony OF
Sinclair as to three executions ac Is
sur-Tille.
New-York tribune., 1922-01-20
Drop Parental Home Case
Judges Clash Over Credibility
\ of a Witness

Investigation of the Hudson County
PARENTAL Home in Bayonne, \. j.. end
Cd yesterday when trustees decided to
dismiss charges Of mismanagement
made by Judge Richard Doherty. Of
Common Pleas Court
A dispute took place in Yesterdays s
hearing between Judge Doherty and
Judge james W. Mccarthy before a
vote to dismiss was taken. The vote
was 5 to .. two members of the board
net voting.
The clash took place over credtabil-
ity Of witness, Eugene Malloy, fore
man engineer of the school laundry,
VINO had been discharged Judge Nc
Carthy remarked with regard to Nal
ley's testimony that he would not take
II IN discredit of statements made by
superintendent Traua. Judge Doherty
said the remark of Judgs Mccarthy
was monstrous coming from the lips
Of Judge.
New-York tribune., 1922-01-20
Seed Purchasing Agents of
Soviet Await u. S. Passports

RIGA, Jan. 10 (By The Associated
Press Seeding time is now so close
that the Russian Soviet government is
not likely to send seed purchasing
delegation from Moscow to the United
States, according to a statement made
to-day by M. Ossinsky, Deputy Com
missioner of Agriculture.
He added that experts attached to
the staff of Leonid Krassin in London
are ready to go instead of the delega-
tlon from Moscow the moment thew
are granted American passport visas.
New-York tribune., 1922-01-20
Starving Runaway
Boy Tries to Hang
Self in Police Cell
''Hopeless Case,'' Declares
Father, Who Goes to Bring
Home Son Found Weak
From Hunger in Jersey

Solomon Stern, fourteen years old,
of 3a3 Georgia Avenue, Brooklyn, son
of Aaron Stern. described as wealthy,
was found in collapse on bench of
the Pennsylvania station at Elizabeth,
N. j., late yesterday afternoon by De-
tectives Mullaney and Kennedy. Taken
to the police station he tried to hang
himself, the police say.
When reused from the bench young
Stern said he wanted to die, accord
ing to the detectives. who on observ-
ing his weakened condition took him
to Elizabeth General Hospital. Physi-
clans there said after Xaminatlon that
the boy had apparently eaten nothing
for five days. Stern at first gave his
name as John Shelf. Later he admitted d
his identity, but refused to make a
further statement. Half an hour after
being admitted he escaped from the
ward and disappeared.
1t was after he had been recaptured
by detectives and taken to Police Head
quarters that the boy tore up his SHIRT
and twisted it into a rope with which
he attempted to hang himself from a
cell door Desk Sergeant Henry Ger
stung cut him down. A guard was
placed over him to prevent repetition
of the attempt.
Investigation by Brooklyn police last
night showed that Stern had been re-
garded until recently as an exemplary
pupil of Public School 40, Alabama and
Dumont avenues, Brooklyn. He is in
Grade 8 A. During the last few
months, it was said, the boy fell off in
his studies and was frequently absent
from school.
Aaron Stern, father of the youth,
was notified of his plight and said he
would leave for Elizabeth to-day and
bring him home. Stern told the police
he feared his son was "hopeless
case" He said the boy had run away
from home FIVE times in as many
months. He expressed the belief that
the boy had slammed hunger and was
merely seeking notOriety.
New-York tribune., 1922-01-20
State Bar to Hold Meeting
Forty-ffth Annual Gathering
Will Omen To.dnv

William \. Guthrie, president of the
New York State Bar Association, vii
preside over the forty-ffth annual
meeting, which will open this morning
and which will be concluded by din.
ner at the Hotel Astor tomorrow eve.
ming. The sessions will be held in the
Bar Association Building at az West
Fortyfourth Street
John ". Davis will deliver the prin-
cipal address at the Astor. He will
speak on international Justice" Mr.
Guthrie will speak on "The Public
Service of the Bar"
The principal topic for discussion
during the twoday meeting will be
The Revision of the Judiciary Consti-
tutional Convention"
New-York tribune., 1922-01-20
Citizens Resent Dousing
Court Doesn't Blame Pair for
Upbraiding Street Cleaner

Magistrate Simpson disapproves the
practice some employees of the Street
Cleaning Department have of giving
passers-by unexpected baths and in
West Side Court yesterday discharged
Antonio Cicero and his son, Daniel, Of
SO West Tooth Street. George ".
Banks, of the Street Cleaning Depart
ment. charged they had threatened 70
thrash him.
The defendants testified that at Co.
lumbus Avenue and Ninety-ninth Street
they were sprinkled with synura laden
water while Banks complacently was
discussing the work of his department.
with an acquaintance. Cicero was quite
hurt by Banks's inattent.oa and became
irritated. Banks was of the opinion
that Cicero and his son were excess
sively impolite
New-York tribune., 1922-01-20
Seize Furniture of Directors
OF Italian Bank That Failed

ROME, Jan. 19-Oaicials to-day
seized the personal property of former
directors Of the Banca Italiana di
Sconto, including the furniture in their
homes. Several of the former directors
protested the seizure as illegal, while
the wives Of others declared that the
furniture seized was their private prop
erty.
The seizures included automobiles
belonging to Angelo Pogliani, former
managing director of the bank, and nu-
merous paintings belonging to the
Brothers Perrone, the heads of the An
sado Engineering Works.
New-York tribune., 1922-01-20
Trail of Bonds
Stolen i'm Mail
Brings Arrest
Solution of S!,477.OOO
Robbery Between Here
and Washington Expect
cd to Follow Capture
Altered Paper Is Found
Postoffice Inspectors Quiz
Mark Won Eschen in Eff
fort to Catch Others

Mark Won Eschen, known in the un-
derworld as Mark Brud, was arraigned
before United States Commissioner s.
n. Hitchcock late yesterday afternoon
and held in $4,000 bail for examina-
tion January 26 on charges of attempt
ing to sell s29,700 worth of altered
Fourth Liberty Loan bonds stolen from
she mails on July IS last. His arrest
Is expected to result in the solution of
= Si,477 900 robbery which took place
on that date between here and Wash
ington. All the stolen securities had
been cancelled and were on their way
from the Federal Reserve Bank here to
the Treasury Department in the capital
to be destroyed.
Some of the bonds which Won Eschen
is alleged to have attempted to pass
were found on his person when he was
arrested at 6 o'clock Wednesday eve
ming. according to Postoffice Inspector
Frank Shea, and the rest were found in
a'search of the prisoners home at 14ol
Fulton Avenue, the Bronx.
Ownership Marks Destroyed
The marks showing that they had
been cancelled and giving the name of
the owner who had turned them in
had been carefully removed with acid,
bpt no attempt had been made to alter
tie serial nulnber of 1853 or the de-
nomination. The inspectors cense-
quently had no doubt as TO the bonds
having been among those stolen in July.
Won Eschen is understood to have
first attracted the attention of the
Postoffice authorities in the middle of
December, when, according to the
charges against him, he tried to dis
=
way, stool pigeon" in the employ Of
the department. Since December 16
the government has known that the
man arrested Wednesday had some of
the missing securities and has been
playing cat and mouse with him in an
effort to locate the holders of some of
the other missing paper
The prisoner was lodged in the West
Thirtieth Street police station for the
night after his arrest and taken to the
postoifice for examination yesterday
morning in the presence OF a large
number of the inspectors. Most Of the
inspectors here are nov working under
Inspector J. J. Doran in an effort to
complete the solution of this robbery.
Confidence WAS expressed that enough
will eventually be learned from Won
Eschen to lead to more arrests soon.
and this was believed 10 be the chief
reason for taking him into custody at
II lis time.
Caught OFF His Guard
Won Eschen was taken completely off
his guard when Inspector Shea, accom-
panied by Detective Sergeant James
Reilly. OF Bronx headquarters, and De
tectve Cornelius Brown. of the Bomb
Squad, entered his home. He offered
nc resistance and had apparently been
~ fet, q baf ba ri al
New-York tribune., 1922-01-20
$500, 600 Mail Theft
Plot Admitted by Negro
Truckman's Confession Caused
Arrest of Alleged Accomplice;
Pouch Thrown in River
Specioi Dispatch to The TrIbun.

Special Dispatch to The Tribune
FLkHART, Ind. Jan. 19.-Dan In
gram. negro truckman at the New York
Central station here. confessed to day,
according to the Elkhart police. that he
and George Z. Scruggs, white, plotted
the theft of registered mail from the
station platform yesterday. Ingram
said he didn't know what Scruggs had
done with the stolen pouch which was
reported to have contained up to $780,
600 in stocks. bonds and securities.
After the ncgro's statement Scruggs
was arres ed. He is said to have ad
mitted his part in the theft throwing
the pouch in the river when he found
there was no cash in it.
"All | had to do" Ingram is said to
have confessed, "was to spot the truck
with the mail sacks so they'd be handy
for Scruggs to take away
Ingram knew nothing Of the stolen
sacks. he said. except that he had put
them on a truck with eight other
pouches and wheeled them up the sta
ton platform to be loaded on train.
He left the truck for about two min
utes, he said. When he returned he
discovered the loss
New-York tribune., 1922-01-20
Candhisis Delay Civil
Disobedience to Jan. 3 l
All.Tndian Congress Awaits De-
cision Of Leaders Of Vari-
Gus Parties

BOMBAY, Jan. 10 (By The Asso-
ciated Prcss) At meeting to-day
Of the working committee of the all
Indian congress, M. X. Gandhi. the
leader Of the non-co- -operatonsts, pre-
siding, q resolution was adopted post
poning civil disobedience until Janu-
airy 81, or perdng the result of the
negotiations of Psndt MADAM Mohan
Malaviya at the round table conference
now in progress amcrg the leaders OF
all the parties In India.
1t has been agreed also that if the
government is willing TO release all
political prisoners and withdraw the
prohibitions against the volunteer corps
and public meetings all "hartals' and
similar anti-government activities shall
cease.
LONDON, Jan. 19.-The formation Of
democratic party in India to conduct
an opposition in the Legislative as
sembly, with dominion status for India
as its chief object, has reached a def
mite stage, says Reuters Delhi CORE
spondent. Fifty members out of a
total Of 140, including twentysix offic al
members, have joined the party, which
is divided into five groups, each deal
ing with specified subjects, such as
finance, health, communications, COM
merce and foreign affairs.
The party hopes to make an effective
debut in a debate on a resolution con-
demning the governments policy and
aims to secure the status Of q self
governing dominion for India.
BANGALORE, India, Jan. 10. - The
Prince of Wales reached here Wedncs-
day from Madras. The town was pro-
fusely decorated and great crowds
everywhere attended the numerous
ceremonies. He departed in the eve
ming for Mysore.
New-York tribune., 1922-01-20
Possessor of 8 Wives Paroled
After 2% Years at Sing Sins

Charles Hugh Wilson, charged with
having eight wives when arrested in
this city three years ago, has been re-
leased from Sing Sing on probation. it
was learned yesterday. He served two
and half years.
While in prison Wilson was a nurse
for Dr. Amos Squire. head prison
physician. He was for a time sta
toned at the Sing Sing Country Club"
was recalled to the prison six weeks
ago,
New-York tribune., 1922-01-20
Wood Alcohol Suspects Freed

John Huron, of 206 West Sixty
fourth Street, who was charged with
homicide in connection with the death
of Frank and John Tiffany from wood
alcohol poisoning, was discharged yes
terday in the West Side police court
for lack of any evidence that he had
given the Tiffany brothers the alcohol.
Martin Ryan, of sol West Fifty-second
Street, who was accused of selling
three gallons Of what was said to be
charged.
New-York tribune., 1922-01-20

Commissioner Enright. O'Connell WAS
cxonerated Of all blame.
Witnesses subsequently testified that
Brojer was intoxicated and had ter
rorzed the neighborhood. O'Connell
was sent out to arrest the supposed
bandit. When he met Brojer in the
dark hall he was threatened by him
and fired. Brojer was mortally wound
ed O'Connell was suspended pending
the investigation.
New-York tribune., 1922-01-20
Seeks End to Hayti Rule

WASHINGTON, Jan. 1s.-Termina
tion Of American intervention in Hayti
and Santo Domingo is proposed in
resolution introduced to-day by SEN
ator King, Democrat, of Utah, and re-
ferred to the Foreign Relations Com
mittee. The resolution asks the Presi-
dent to withdraw American naval
forces and abrogate the treaties for
supervision of Haytian and Dominican
finances.
New-York tribune., 1922-01-20
A FINGER
IN THE PIE.

Constantinoplc is presumablya
city for the Turksl Yet-a French
policeman kicks a Russian pedlsr
off the sidewalk. Infuriated, an
Italian carabiniero attacks tho
Frcnchman. Enter a British Do
liccman who arrests both. All
Europe has 4 finger in the Con.
stantinople pie.
Dcmctra Vaka (Mrs. Kenneth.
Brown) went to Turkey to writo
q series of articles for this msu..
zine on the men and women sbc
met. The Within the Port,
Called Sublime"-in the Fcbro.rv
New-York tribune., 1922-01-20
Fish Commissioner Resigns

WASHINGTON. Jan. 19.-Dr. Hugh
NJ. Smith. who has been United States
Commissioner of Fisheries since 1918,
has resigned after thirty-six years of
service with the Bureau Of Fisheries.
Newark post., 1922-02-15
STUDENT SURPRISES
RAYMOND Russell Gives Inter
esting Illustrated Lecture

Raymond Russell of Newark, a
Junior in the High School, surprised
the teachers of the English Depart
ment, as we'll as the students on the
day following the mid-year examina-
tions. On this day there were no regu-
lar lessons and Raymond asked per-
mission to give an illustrated lecture
on Australia. At first it was thought
that the lad was jesting, but when he
convinced the teachers that he was in
earnest, permission was granted him
to go ahead with the lecture. Other
students of the class, to make the af.
fair success, covered the windows
with black muslin to keep out any
light that might interfere with the
light of the lantern used to illustrate
Young Russell's lecture.
1t developed that the lad had bor
rowed the lantern and slides from DR.
Thomas Manns, but he had worked ou
his own lecture, which lasted for owe
an hour. The teachers at the Higl
School were really surprised at tn
ability shown by the scholar and tn
students themselves showed much in
tereSt in the lecture.