davidaulloa/AmericanStories huggingface dataset:
Evening star., 1926-09-10
UPSHAW CHARGES
s100,0D0WETFUND
Dry Leader to Ask Recount,
Claiming Outside Liquor
interests Beat Him.
By >the Associated Press.

By Ihe Associated Press.
ATLANTA. Ga, September 10
Charging that big liquor Interests"
in Baltimore, New York and New Jer-
Sey had sent more than 100000 in tnc
district to defeat him, w. ID. UpSliaw,
defeated in the Democratic primary
Wednesday for denomination by l.. j.
Steele. said today he probably would
ask n recheck of the votes in Camp
bell County before conceding defeat.
Campbell County's two votes went
TO make up the 10 county units in
Steeles column ard thus gave him a
majority and the nomination. which
is decided by county votes instead .ol
Ivy popular vote.
Can't Name Contributors.
while l am not in position at
this time to name the contributors to
the campaign sent here to defeat me,
Mr.. Upshaw said. private inyestiga
tions have revealed that there is in
disputable evidence of more than $lU0.-
600 of liberal money having been sent
into the district to defeat me
This fund came from big liquor In
terests in Baltimore. New Jersey ana
New York and it wasn't for the cleo
ton of this man or that but to secure
the defeat of Upshaw.
Il suppose the vets throughout the
Nation are rejoicing today. but they
can derive small comfort from my
defeat as the man who defeated NC
has stated publiCally on every stump
in the district that he was bone
dry prohibitionist and against the
weaking plan of modification OF the
eichteenth amendment Mr.. UpshaW
declared.
NJ. Cpshaw asserted that he
would continue to fight for a dry
America either in or ont of Con-
rress. He said that his time from
now until Congress convenes was
taken up with speaking dates booked
bv the Anti Saloon League OF
Pennsylvania. Maryland and West
Virginia. Ee said he would be one
of the principal speakers in inten-
sive campaigns for law enforcement
which would be put on within the
next few months.
Charges irregularities.
Mr.. Cpshaw said he had seen eVi-
dences of irregularities in Campbell
County. Should the vote OF that
county be changed it would leave
Steele without q majority and throw
tho CONTEST into the State Demo-
Evening star., 1926-09-10
Grand Jury Action Speeded

There is not a case awaiting the
action of the grand jury. except
those in which witnesses are in the
hospital, which is more than q week
old he said. There were three
; grand juries during the month of May
and that accounts for the increases
of the calendar indictments pending
for that month";
In discussing the charge frequently
made that a great many indictments
are being allowed to die of old age,
Mr.. Banton said:
There are Is cases pending on the
calendar for more than three years.
One of these is the Arnstein case. Arm
stein was convicted of the crime of
bringing stolen securities into the Dis
trict of Columbia and was indicated
for criminally receiving the securities
in this country. His detention under
Federal charge and conviction
accounts for this.
Another defendant is reported to
be in an insane asylum in another
State. Without his presence, a
second defendant cannot be tried. In
still another case the defendant
pleaded guilty, but, after q great
length Of time, the judge permitted
the plea to be withdrawn and
witnesses have disappeared and delay
has arisen in that trial.
Three Await Retrial
Three other cases have been tried,
but disagreementS resulted and these
must be tried again. The principal
witness in another group of cases
disappeared and after two years
search was located in a Western
State, but refused to come to New
York to attend the trial.
THE defendant in one of the other
cases has been convicted and is serv-
ing sentence in another case. In still
another case, the defendant is in
Evening star., 1926-09-10

prision in another State. The other
cases are held pending appeals in
companion cases. which will be decisive
of the issues in the cases held"
Mr.. Banton said there were 25 men
on bail pending appeals at the time
of the interview.
The district attorneys staff has
grown considerably since 1920, Mr..
Banton told the writer. To handle the
new crime situation, six new as
sistants and six new deputies have
been added. There are now 20 as
sistants and 45 deputies. all fully
occupied in trying cases before the
various courts in New York County.
Copyright. 1926.)
Continued Tomorrow
Evening star., 1926-09-10
TWO VICTIMS OF HEAT.
One Still in Hospital After Pros
tration Yesterday.

Two victims Of heat prostration
We're brought to Emergency Hospital
for treatment yesterday, and one,
David Boiler, colored, G2 years old, Of
Canal street southwest, still was con-
fined there today.
The other. Andrew Morris, 40 years
old, and also colored, of 316 Elm
street, received treatment and was
sent home
Evening star., 1926-09-10

cratic convention. Cpshaw ran sec
ond in Campbell on the votes a.
announced. Steele leading.
United States Senator Walter f
George was nominated over CHIEF
Justice r. f. Russell of the Supreme
Court of Georgia, IN the senatorial
race. In his campaign Judge Rus
sell attacked the World Court adher
ence of Senator George. who declined
to recognize it as an issue
MalcOm Tarver. received the Demo
cratic nomination for representative
to succeed Gordon Lee. who did no;
campaign for another term. Repre-
sentativeS Charles III. Brand, Thomas
w. Bell and Charles G. Edwards were
renominated. In all other congress
sional districts incumbents were un-
opposed for denomination.
GubernatOrial Race Close.
With no majority apparent in prac
tically complete returns. it appeared
certain that a run-off primary will he
necessary October in the guberna
torial contest DR.. L. G.. Hardman
early today was leading his three op-
ponentS. with 16S county unit votes
John y. Holder was second with 156
George II. Carswell third with "a and
Joe Wood fourth with 16 Two hun.
dred and eight county votes are nee
eSSary for choice
Iceland is to have hyGroeleCtrlV
Dl3 mt the bower to be SIlpplipd hv fiy,.
Evening star., 1926-09-10
OUTING PLANS MADE.
Stuart Walcott Post Members Will
Journey to Masons Beach.

Journey to Masons Beach.
The annual outing of Stuart Wal
colt Post, No. TO- American Legion,
will he held tomorrow and Sunday at
Masons Beach, Md, under the aus
pices of the drill team of the post.
An automobile caravan will leave
the District Building for the beach at
O'Clock tomorrow afternoon, proceed
ing by way of Mount Zion, Md, and
returning late Sunday afternoon.
On the program will be fishing and
swimming contests and an athletic
meet.
Evening star., 1926-09-10
CHAPTER ..


that the archaic condition of the Grim
inal law of New York hinders him
in the performance of his duties so
that it often seems to him that he Is
driving an OK cart and attempting to
overtake a 1927 model high powered
touring car"
In discussing the crime situation
with the writer. New York County's 9
chief prosecutor Of criminals made
several suggestions aimed at speeding
up trials and sentences through a
simplification of procedure.
Criminal conditions" said Mr.. Ban
ton ARE changing every day and new
conditions arise, which are not in
cluded in the definitions contained
in the penal law. We should follow
more the British system Of having
broader definitions and permitting the
courts to apply them to facts Of given
cases.
Our procedural law was adopted in
1S43 and was prepared to meet condi-
tions existing then. 1t is not adapt
able TO present conditions"
Cases Weakened by Delays.
Mr.. Banton criticized the practice of
lawyers who delay several cases while
they try another one. He said that
tatiS NuSlCiIi CiUScS IIldIy cases 10 Dc
held far beyond the period of safety
for effectice prosecution. In his opin-
ion. If a case is not tried within three
months of an indictment it loses so per
cent of it's value from the point of
view of prosecution. In the mean
time, the prison population is in
creased unnecessarily.
These faults might be corrected"
said Mr.. Banton, "by the Crime Com
| mission. 1t should consider a re-
statement of the penal law and the
code of criminal procedure to bring
| both up-to-date, and, by following the
British system. put them into such a
condition as to meet future problems.
There should be no more than three
cases held for any one attorney. This
is the rule relating to the civil
calendar and should apply to the
criminal calendar. The need of this Is
apparent now because our criminal
calendar in New York County is up
to date and many cases which could
| have been tried six or seven months
ago are untried because Of engage
mentS of counsel"
Mr.. Banton supplied the writer with
1.-THE following table to show the calen-
| dar of indictments pending for the
months Of January to June, inclusive,
! in 1925 and 1926:
Evening star., 1926-09-10
Says Wife Already Was Wed.

Annulment of marriage is asked in
n suit filed today in the District Su-
-preme Court by Robert l.. Sutherlin
against Lottie May Sutherlin. They
were married in February, 1922. and
the plaintiff says he has recently
learned that the defendant had a liv-
ing husband from whom she was not
divorced at the time. Attorney r.
Morris Wampler appears for the hus-
band.
Evening star., 1926-09-10

him compelled the quashing of the in
dictment. Two days later the miss
ing" man qualified as character wit
ness for another offender in one of
the petty courts.
There is a marked difference be:
tween the Federal and State methods
in this respect. Conviction under the
Federal laws does not necessarily
mean the beginning of punishment.
Criminals may be released on bail
pending appeals, even after convic-
ton.
An example of this is the Earl Car
roll case. The theatrical manager was
convicted Of perjury and sentenced to
serve one year and day and pay a
fine of $4,000. He was Immediately
released on bail pending the disposi-
ton of his appeal. which will ulti-
mately go to the Supreme Court Of
the United States.
In New York and most of the States
this is not the practice. Upon con-
viction criminal is Immediately sent
to Jail and remains there until his
appeal is disposed of.
In few instances, however, due to
political or other influence, he may
he released with the consent of the
district attorney, but such occa sions
are extremely rare and there have
been no recent instances OF the sort.
Evening star., 1926-09-10

Iceland is to have a hydro.eIectrlc
plant. the power to be supplied by Ave
large waterfalls at Aruarfjord.
Evening star., 1926-09-10

No really great man ever thought
himself So.-HaZlitt
Evening star., 1926-09-10
Legal Recess Denounced.

Men holding positions beyond the
reach of political leaders fully realize
that the disclosure Of practices here
like those revealed in Chicago would
invite general censure and condemna-
ton.
The importance of another phase Of
the crime situation has been stressed
by judges. prosecutors and members
Of bar associations throughout the
country Thc:- hay. c0Idemned iAv
Evening star., 1926-09-10
POLITICAL CONTROL OF JUDGES
IS BECOMING THING OF PAST
"PulI' Still Helps Crooks
Evade Punishment in
Some Cases, Though.
Many Magistrates FroWn on
Testimonials" by Grim
inaI Lawyers.
ARTICLE ".
By LOUIS SEIBOLD.

Politics has in the past played a
part in delaying the trials of crimi-
nails to as great an extent in New
York as in any State in the Union.
! While some Improvement has been
made in this respect in recent years.
there is little question a political
pull is still helpful to i criminal
in escaping a prison term.
The last thing a professional crook
caught in the meshes of the law
wants Is a trial. His first venture. with
the aid of a lawyer, is to try to beat
the case" in its initial stage. Many
attorneys who specialize in criminal
practice are, in fact, selected--and
even retained in advance--by organ
lied gangs OF bandits because of their
supposed influence with police magis-
trates, prosecuting officials and. In
a few isolated instances, with judges
OF the higher courts.
Evening star., 1926-09-10

Mr.. Cpshaw said he had seen eyi-
iences of irregularities in Campbell
County. Should the vote of that
be changed it would leave
Steele without q majority and throw
the contest into the State Demo-
Evening star., 1926-09-10

For the choicest apples and the purest
tl..er park at the Valley View Cider Barrel
fnr saIcsruom OF
DALLINCARA ORCHARDS
.. hpur rut un Frederick road. = miles west
a. GaItherStGrs.
Evening star., 1926-09-10

Continued Tomorrow
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28
CRIMINAL CODE REVISION

One Of the most important subjects be brought before the
mdwnter meeting of State Association will be the
mendaton of the criminal code The question has been
studied for long time by of ample criminal law
and the need for admitted The hears much
plant of the delay unsatisfactory under code
force today There considerable sentiment the favorng
that will make the code workable eliminate delays and
the unhappy features that have been developed the
years the old code has been ft4a e.s
The dissatisfaction the criminal code evidence
other nearly all popuous having
there session the legislature this strong recommenda
ons have been made by the for study OF that subject
and action that improved condition. The demand
probably nsisten Illinois that hasshad abun
dance unhappy showing the public possible
under the present code New York hardly less nsisten and
Massachhe that long has boasted of her splendid
heard stfqng recommendations of the code the
NAL message OF Go4 Fuller to the legislature
The movements national in scope national
sion studying the situation and the American Law
tue has aken hold OF the subject that may bring
and asked them model criminal
submitted to each for study possibly for adoption whole
part When the committee completes the code will be submit
ted to legal the principal law schools
for study and Ultimately, when
hoped be worthy the study OF the
The principal be emphasized smpcaon procedure
that will eliminate questions and avoid delays against
there have been public complaints The idea that
Of the Constitution be
and effective administration of Justice be insured 1t is
the interests Of the public and should encouraged
the O. s. Journal
1t has been apparent long criminal code
soey in need OF revision and hope time will
be lost bringing about code The wei
fare of the country demands
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28
POOLING WOOL

Morgan county has the reputation
of having as good wool as there is
anywhere, and the wool growers are
anxious to get the market price for
it. Do We get it? / say not, be-
cause we are not organized to get
the market price.
l have thought for a good while
if the farmers knows enough to raise
the feed and care for his sheep, he
surely knows enough to sell his
wool
We have started an organization
where the wool growers can cooper
ate together, with a mutual under
and sell it together, one vote for
standing, pool their wool together,
each five hundred pounds of wool,
and with but very little cost An
enterprise with no membership dues,
no agent to pay, no committee to
sell the wool,-sell it ourselves by
vote. t.a
I There will be meeting the sec
ond Saturday in March, of the local
wool growers, for membership, and
to adopt the rules and other busi-
ness to govern the organization. If
any local wool grower has a better
plan to get the full market price for
our wool, l would like to hear from
him.. D. MILLER.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28

Ruth was operated upon recently
and is at the same hospital.
Lennard Niceswanger left Tues.
day morning for Akron, where he
hopes to find work.
c. B. McInturf and family, Mrs
F.. r. Strahl and son, Marjorie and
Curt McInturf, and Ernest McIn.
turf. wife and daughter of Malta
were at the home of Everett Mcrn-
turf, Sunday.
A daughter was born to Mr.. and
Mrs. Walter Greathouse of zanes.
vile recently. She lis grand
daughter of MIR. and Mrs; John
Greathouse OF this place.
The next number of the high
school lyceum course, Freeman
Hammond Co., a play, will be given
at the high school auditorium next
Saturday night, Jan. 80.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28
East Branch

The thermometer stood 90 below
zero at six O'Clock here one morning
last week.
Arthur Hartley who went to
GAINESVILLE to get work, came back
Friday to his sisters Mrs. Floyd
Sims and came to his home Satur-
day.
Bert Updike and family visited
Mr.. and Mrs. Bert Williams Sunday.
Mrs. Phal Love has been sick, suf-
fering with tonsilitis, but is better at
present.
Mr.. Coulter, the fur man, was
through here taking up his load of
fur, Monday.
Emmett Wagner and Everett Hart
ley caught fine large coon last
week. They received 81 for the
pelt. ~
Arthur Hartley is suffering with a
heavy cold
Mrs. Bert Williams is also suf-
fering with cold
Everett Hartley and Emmett Wag-
ner went to town Tuesday, to NEE.
the horse buyers.
Two dogs made a raid on Mary L.
Hartley's sheep. killing some and
Gripping good many others. Bert
Williams discovered them and shot
both dogs. Ed Smith and George
Byers did the appraising of the
sheep for her.
The Santoy mine worked every
day last week, and so far this week
The snow has made bad roads;
they are rough where they had been
travelled. Virgil Coss made trips to
Corning all last week, with beef.
Vern Love and Clyde GLADDEN. made
a trip to Glouster last week, with the
machine.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28
NeeIyville

Mrs. Carroll Of Millgrove has
been spending few days with How
ard Taylor and family.
/ Miss Dove Fisher spent over Sun
day with her mother Mrs. Belle Fish
er and family.
Mrs. Annie Spencer spent Monday
with her daughter Mrs. Blanche
Singree. g..
Misses Pearl, Lenore and Hazel
Farmhouse spent Sunday with How
ard Taylor and family.
Mrs. Annie Ralph and Mrs. Marie
Ralph were visitors at Mrs. Mar
garet Robinson's, Sunday.
Lonnie Ralph spent Sunday with
PIummer Scott's.
Raymond Campbell has been on
the sick list and unable to attend
high school,
The many friends of Mrs. Jessie
Harmon are glad she is commencing
to improve, now.
Mrs. Nellie Farnsworth and son
Glenn visited Wednesday with Miss
Linnie Oliver.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28
CenterYille

The social at Will Phillis' Satur,
day night given by Mt. Olive Sunday
school class No. 2, was q decided
success.
Miss Mildred Allen spent the
week end with her friend Miss Hell
EN- Clark and attended the social.
VIM. Parcell and SON visited Sun
day evening at Elmer Williams
Miss Cleo Wilson spent Saturday
and Sunday at /. c. TayloT's.
Mrs. Lew Hilton who. has been
quite poorly, some better at this
writing.
Mr.. and Mrs. Ewell McKelvey and
family visited Sunday after Sunday
school, at Chas. Elark's.
Glenn Morris has purchased a new
radio.
! Happie Slater visited Saturday
night at Will phiiHs' @> "
There will he miscellaneous so
cial at MT Olive church Saturday
night. with :; program given by tbs
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28
MAYOR OF NEW YORK SPRINGS SURPRISE

It is stated that Mayor Walker who recently took the
regns Of heWod greatest city sprang quite surprise the
booeggeI and others who have openly dehed the law Those
eler who thought that the election of Walker meant wide
town the fullest have been different sort OF thrill
large number of raids recently made the heart of
New York and number arrested and held for
before United States the charge OF
lang the Vostead law that the has ordered the
police of his with the federal authorities These
things have thrown little CONSERVATION into the bootegger
Perhaps Mayor Walker going take the oath of his Of
fee seriously and going do all within his have the
laws enforced If the but keeps the conmendabe task
he has begun the eyes this country will be focused upon him
To enforce the Vostead law the city of New York
like well nigh impossible task but impossible make
conditions there better than they have BEEN and impossible
NewYork City other place for officials to make noble
effort for law enforcement Mayor Walkers stand should be
incentive for the mayors of of other cities large and
small and officials general to endeavor bring about better
state of affairs, through stricter law enforcement
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28
!. WONDERFUL BARGAINS
Made BY Ohio State
Journal Shows This Years Bar
gain Offer EXceIs.

Announcement Made BY Ohio State
journal Shows This Years Bar
gain Offer EXcels.
The management of the Ohio
State Journal has made announce
ment of the 1926 Bargain Offer.
disclosing the fact that not only are
the clubs more numerous, but the
prices lower. 1t is one of the most
attractive lists ever presented to the
reading public and so reasonable,
are the quotations that no person
can offer an excuse for not taking
advantage of this opportunity to
provide the home with the best
class of reading matter the market
affords. !,
i Enjoying the reputation of being
the only morning newspaper publish
ed in Columbus or Central Ohio, the
Ohio State Journal has gained in
popularity each year. 1t is especial
ly appreciated by those who reside.
on rural routes, as it means a great
deal to be supplied with newspa-
per on day Of publication. The farm.
er realizes it is big item to be able
to get the important happenings
fresh from the wires, and read the
report of the grain, live stock and
financial markets, showing the ac-
tual close of the previous day Ohio
State Journal readers residing in the
country, are just "a hours in ad-
vance of those subscribers for an af-
ternoon newspaper. dated for the
next day. The delivery of the rural
mail is favorable to the morning
newspaper.
Every page of the Ohio State
Journal is interesting. 1t is a news
paper suited for the entire house
hold and containing many select fea-
lures of interest to the farm home
not to be found in other publica-
tions. The Monday issue includes a
colored comic section, which is very
popular with both young and old. -.
The daily weather reports and ohr
servations appeal to the farmer.
They become real value to him for
the reason the Ohio State Journal
publishes them in time to give a.,
true forecast, rather than record
,of weather conditions that have pre-
vailed or are prevalent at the time
the newspaper is delivered. -
The political situation this year
will be unusually interesting The
election of an United States sena-
tor, governor and legislature will
provide an abundance of reading
along that line. Congress, with
many important measures, before it,
is in session and the Ohio State
Journal, unbiased and Embossed, is
in position to supply the news.
The price of the Ohio State Jour
nal, for one year, delivered on Ohio
rural routes, is four dollars. Among
some of the club offers are the Ohio
State Journal and Ohio Farmer, for
$3.50; the Ohio State Journal and
National Stockman, $3.50, ard the
Ohio State Journal, Woman's Home
Companion and McCan's Magazine
for only $4.85. Subscriptions may
be sent to this office, or direct to the
Ohio State Journal, Columbus, O.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28

making now an enrolment of -
Ihe school is progressing nicely
although there have been some alb
sent during the last month on ac
count of sickness. Miss Mcdonald
The teacher, is now boarding at Per,
ley Patterson's.
Wilbur Nixon Is improving some
He can now walk on his leg. DR.
Melick advised them against an op.
GRAFTON at the present time.
This month reminds us of some OF
the winters back in the SOS. Really
the best shedding SHOWS we have had
for several years.
Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-01-28
Deerfeld

Miss Alta Finley went to Newark
last week and Is employed in the
home of Mr., and Mrs, G. o. Harris.
Mr.. and Mrs. Van Artsdalen were
callers at Ed Thomas Monday.
Mrs Martha Finley is suffering
with rheumatism in her side and
hack.
Birdwell Barrett is improving
slowly; was able to sit up some, but
is now suffering with something
like pleurisy.
There has been a vast amount of
sickness in this neighborhood, but
we are glad to report all are i'm
/ proving. v,
James Williamson and family
Z from Kentucky have moved into the
l Cowan house near the Deerfield
1ehurch.
The Dougan school is gradually
Increasing; another scholar, Jas.
\ Williamson. lrs, is added to the roll,