davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
SMITH IS GRANTED
NEW DEATH TRIAL
Confessed Slayer of Daugh-
ter Has Capital Punishment
Sentence Set Aside.

The District Court of Appeals today
set aside the conviction and death SEN
tence of Franklin Ellsworth Smith, So
year-old bank Waterman, who admitted
strangling to death his 19-year-old
daughter, Bessie, at their home, in the
100 block of New Jersey avenue, in
September. 1923, with whom he had
sustained Illicit relations.
A new trial was ordered in the courts
opinion, written by Justice Josiah A.
Van Orsdel. United States Attorney Leo
A. Rover announced that retrial would
be called early in January.
The action of Chief Justice Walter l.
Mccoy, who presided at the trial, in re-
fuSing TO instruct the jury ON the doc
trine OF Irresistible impulse" when the
defense was insanity, the appellate
court declared. deprived the defendant
Of substantial right which the law &C
cords him, and which is essential to a
fair and impartial trial"
Trial Justice Denied Plea.
The instruction outlining irresistible
impulse was offered by Attorney E. Rus
sci Kelly for the prisoner and was not
objected to by Assistant United States
Attorney William H. Collins, in charge
of the prosecution. Indeed, the appel
late court points out, Collins suggested
his Willingness that 1t should be granted
but the prayer was denied by the trial
justice.
The prayer offered by Kelly and re-
fused by the court reads: 1.-The jury are
instructed that if they believe from the
evidence that at the time of committing
the acts charged in the indictment the
defendant was suffering from such a
perverted and deranged condition of his
mental faculties as rendered him in
capable of distinguishing between right
and wrong or unconscious at such time
of the nature of the act charged in the
indictment while committing the same
or where though conscious of them and
able to distinguish between right and
wrong, and to know the acts were
wrong, yet his will, the governing power
OF his mind, was otherwise than vol
UNFAIRLY so completely destroyed that his
action was not subject to it, but beyond
CONTINUED on Page 2, Column 81
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
BANDIT GETS $3.50
FROM OIL. CONCERN
TWo-Gun Robber Holds Up
R. B. Ralph in Office and
Makes Escape.

A two-gun man walked into the little
office of the Ralph Oil Company, at
Fourth and Bryant streets northeast,
shortly after 10 o'clock today, stuck
two black automatics toward Richard
r. Ralph, proprietor of the company,
and calmly walked out of the Office with
$2,230 in currency. The loot repre-
sented part of the receipts of the oil
company for Friday and Saturday.
AS the robber left the one-story gall
vanized shack which houses the Office
OF the oil company he admonished
Ralph, IF you stick your head out the
door in the next five minutes, I'll kill
YOU" He then ran in the direction of
the railway tracks through a busy in
dustrial section crowded with men and
vanished in the vicinity of the ware
house of the E. G. Schafer Co. The
loss is partly covered by insurance. A
number of checks were untouched.
Not word was spoken from the time
the bandit pointed his guns at Ralph
after calmly walking through the door
OF the office with the request that
Ralph stick 'em up" until the robber
ran out of the door of the Office with
the money in his pocket.
I'D recognize that man if I saw him
20 years from now" Ralph said as he
sat III his office few minutes after the
robbery and after he had been treated
by physician for overstrung nerves.
Ralph said the man was of medium
height, about 5 feet inches tall, with
black hair and eyes, dressed in a blue
overcoat, and with gray knitted muf-
t1er covering the entire lower part of
Continued on Page 2, Column S.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
FRAUD IS CHARGED
IN new OIL SUIT
U. S. Seeks to Cancel Rental Of
California Lands to Pan
American Co.
BY the Associated Press.

By the Associated Press.
LOS ANGELES, December Gam
collation. of oil leases in Kern County,
Calf, said to be valued at $l5,-
100000, is sought in the suit of the
United States against the Pan Ameri-
can Petroleum Co., which begins today
before Judge Frank H. Norcross In
Federal Court here. The suit involves
three oil leases totaling $50 acres.
The Government charges that the
leases were made through asserted
fraud between Albert B. Fall, former
Secretary Of the Interior, and Edward
l.. Doheny, head of the Pan-American
Co.
In addition to an injunction forbid
ding further use of the lands and the
cancellation of leases, the Government
seeks an accounting for profits already
derived.
The complaint charges that Presi-
dent Harding'S order transfe. ring GER
tain Oil reserves from the Navy to the
interior Department was illegal and
not to the best interests of the United
States. It further charges that fol-
lowing the transfer. Fall, then Secre-
tary Of the Interior, and Doheny
brought about leases in the Elk Hills,
Calf, field for private profit and as
the result of a conspiracy.
The suit recites that in November.
1921, Fall received 100000 from Do
heny for leases made without being
legally advertised and with no CON.
Sideration paid to highest bidders.
Alice Pomerene, former United States
Senator from Ohio, heads the Govern
ment counsel, assisted by Thomas M.
Kirby and Frank Harrison, assistants To
the United States Attorney General.
Doheny Is expected to be called as n
witness.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
ELECTRIC EYE THAT SEES POISON
GAS IN HOLLAND TUNNEL TESTED
Orb Designed to Catch First Suspicion of Tainted Air
and Give News Half Mile Away.

as base ball. but smaller. Alongsids
this electric eye is lens projecting the
beam above traffic and parallel to it up
near the tunnel roof. One hundred and
nifty feet away a mirror catches this
beam end reflects it back, not to the
lens. but directly into the round eye.
Haze or other impurities, and particI-
larry warm exhaust gases that rise to
the roof, pass through the beam. In
passing they shade the volume of light,
and, although the shadow may be vir-
tually inflniteSimal, the sensitive me-
chanical eye detects it and transforms
1t into electrical energy.
The dctector was designed according
to suggestions made by the engineering
department of the tunnel and built BY
General Electric Co. engineers. Before
1t Is accepted for the Job 1t will undergo
lengthy tests, directed by Ole Singstad,
CHER engineer and superintendent of
the tunnel.
II successful, 1t may be the fore
runner of household and business me-
chanical watchmen
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
CONGRESS GATHERS
BUT WORK AWAITS
HOOVER MESSAGE
President to Communicate
Legislative Wishes to Ses-
sion Tomorrow.
TAX CUT WILL RECEIVE
IMMEDIATE ATTENTION
Senate to Get Busy Early on Ware
Case and Tariff-House,
Appropriations.
BY G. GOULD LINCOLN.

The legislative wheels of the first
regular session of the Seventy-first Con-
gress which met at noon today stirred
but made little progress.
The sessions of Senate and House
were brief, Committees were appointed
on the part Of both houses to wait upon
the President and inform him that
Congress had assembled and awaited
any communication which ne desired to
send 1t. The organization of the two
houses was completed In the special
session Of Congress which closed 10
days ago, except in the case of the
House, which still has the great ma
jority Of its standing committees to
appoint.
The development of quorum, the
appointment of the committees to call
on President Hoover and the fixing of
the hour of meeting at noon was the
only business undertaken. Immediately
thereafter the Senate adopted resolu-
tons of regret for the death of the
late Senator Francis" E. Warren of
Wyoming and adjourned as a further
mark OF respect. The House followed
similar course.
Presidents Message Tomorrow.
The Presidents message to Congress
on the state OF the Union" his first
comprehensive message to the body, will
be transmitted to both houses tomorrow.
AS already indicated, the President will
propose slash in the normal income
tax rate OF both individuals and cor
porations, applicable to the taxes which
VIII be paid in 1880 on incomes in 1929.
ms measure and the regular appro-
priation bills will occupy the immediate
attention of the House.
On the Seante side of the Capitol the
unfinished tariff bill and the case of
Senator-elect William S. Ware of Penn
sylvanla are expected to be the first
matters taken up for consideration. The
ware case is to come up tomorrow under
an agreement entered into during the
special session of Congress.
The Senate will have before IL a reso-
luton offered by Senator Norris of
Nebraska denying Mr.. Vare-a seat In the
Senate because of excessive expenditures
and alleged corruption in the senatorial
primary campaign of 1926. A move
ment has been set on foot to postpone
consideration of the Norris resolution
until after the contest brought by Will
liam B. Wilson, Wares Democratic op-
ponent in the senatorial election, shall
have been decided. If that course be
adopted, the Ware case, which has hung
fire now for three years. may be still
longer delayed. The Wilson contest is
still before a subcommittee of the SEN
ate privileges and elections committee
and Mr.. Ware is demanding that the
committee examine the ballots cast In 81
counties, more than a million ballots in
all. The expectation is that whenever
the Norris resolution is taken up for
CONTINUED on Page 4, Column %
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
BY the Associated Press.


NEW YORK, December "A new
mechanical eye that can see dangerous
gases before they are visible to the
human eye is under test today in the
great Holland Tunnel under the Hudson.
The device detects haze rising from
automobile exhausts. 1t is set directly
above the traffic lane where the motors
labor hardest. Through an electric wire
1t moves a pencil in an Office half a
mile away, tracing on scaled sheet OF
paper record showing when the clear.
pure looking air in the tube is beginning
to store up poison pockets.
This record lies before a supervisor.
who is within reach of exhaust fan
switches and ready to speed their sue
ton when the moving pencil gives
warning.
The detector is made OF long beam
Of light and rhotoelectric tube, round
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
BYRD BEGINS OWN STORY.
PRAISINC CREW FOR COOL
WORK in HOP OVER PEAKS
Took a Chance on Clear Weather and
Found It-Sighted 2 New Ranges.
Feels Benefits Spirit.
BY COMDR. r. F.. BYRD.

BY Radio Times
LITTLE AMERICA, Antarctica, December
south Pole sunshine was necessary Not only must the
the
at great distance but also must avoid finding
Polar Plateau ~ Co. E-
Flying covered sky is like flying in
world
disappear there
rough the surface is how high
The ameer in
the level barometer there
the antarctic than
Navigation would be Notwithstanding
like little
is bad - eO
To have sunshine for 800 miles this
weather than expect the success of our
Page g. Column g.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
HOUSE DISTRICT COMMITTEE
REPRESENTATIONS IS EXPECTED
Democrats Meet Today and Republicans Tomorrow tc
Frame States Zihlman May Resign as Chairman.

The House District committee, which
handles all legislation affecting the
Capital, will be thoroughly reorganized
this session. Possibility that Repre-
sentative. zihlman of Maryland may
withdraw as committee chairman is
causing considerable speculation among
fellow House members.
The Republican committee on COM
mittees will meet tomorrow to make up
a slate of the majority membership on
all of the House committees with the
District committee one OF the last to be
considered.
Democratic members of the ways and
means committee, constituting the
Democratic committee on committees,
will meet this afternoon.
There is one Republican vacancy on
the District committee. through with
drawal Of former Representative Bowles
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
TWO HOUSE MEMBERS
HURT BY FALLS ON ICE
Representatives Sam Hill and Will.
liam z. Hull Injured-Fo
in Hospital.

Two members of the House suffered
painful injuries today due to the slip
perry streets.
Representative Sam Hill of Washing
ton was approaching the Capitol along
Delaware avenue with his wife when
he slipped and fell. He was smoking
his pipe and the pipe damned into
mouth, cutting a blood vessel. He
was removed to Providence Hospital.
where he will be confined for several
days.
Representative William E. Hull of
Illinois was boarding a street car when
he slipped and fell, wrenching his back.
He was given emergency treatment by
The naval physician acting as House
6octor and remained on the job at the
CARTEL this morning.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02

of Massachusetts,. Representatives I'm
derhill OF massachusetts,, Gibson of YER
mont and Bowman of West Virginia,
all OF whom have been active members
House committee, stated TODAY that
they have asked to be relieved from
further duty with the District commit
tee. That leaves as the Republican
noIdoVer members Mcleod of Michigan,
Lampert of Wisconsin Reid of Illinois
Beers OF PENNSYLVANIA, Stalker of New
York, Hall OF Indiana and jenkins of
Ohio.
There are four Democratic vacancies
on the committee, caused by defeat of
Representatives Blanton of Texas, GIL
bert OF Kentucky and Cole of MARYLAND
Representative Combs of Missouri was
not a candidate. This leaves as Demo
cratic noioover members Sullivan OF
New York, Hammer of North Carolina
Mrs. Norton Of New Jersey and White
head Of Virginia
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
PRESS BAN THOUGHT
TO IRK POPE Plus
Speech to Parish Priests Is Believed
to Be Complaint Against
Religious Restrictions.

BY the Associated Press
VATICAN CITY, December Pope
Plus speech to parish priests in Rome
yesterday, which will be published in
tonight's Osservatore Romano, is I'M
derstood to complain that Catholic
newspapers in Italy, no matter how
mild in tone, are not allowed to COM
ment on or discuss the agreement be-
tween the church and state and its
application.
The Pontiff specifically referred to a
recent publication, entitled Render
Unto Caesar" in which the duties OF
Catholics citizens are treated,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02

These two questions are answered in
an opinion of the District Court of An
pealS, rendered today by Justice Charles
H. Robb, in which he eXonerateS Repre-
sentative George Huddleston of Alabama
of liability for debt of $245 owed TO
the Saks Fur Co. as balance on the
purchase by Mrs. Bertha Huddleston of
fur coat and fox scarf totaling $3.50,
on which down payment of So had
been made.
Huddleston claimed that he gave his
wife SIS in cash each month for her
personal expenses and had forbidden
her to pledge his credit. Judgment in
favor of the husband was rendered In
the Municipal Court and the merchant
sued out writ of error and the court
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02

was told that number of similar cases
are pending before the Municipal Court.
After reviewing at length a number
of American and English cases. the
court lays down the rule that when a
husband has once performed his outy
to provide for his wife, he may not be
compelled in a court of law to do so
again.
we are of the view," says Justice
Robb, that the rule to be deduced from
the authorities We have reviewed is Just
and salutary. Its tendency will be to
check extravaganza Zone of the most
pronounced of modern evils, and at
the same time protect thousands, who, in
good faith, have made such provisions
Continued on Page 2. Column 81
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
ACTION HELD UNTIMELY.
StimsOn Suggestion Expected to Be
Dropped by Toxic.

TOXIC, December (P).-Oficial
quarters disclosed today that the Japan
csc government, in response to the pro-
posal of Secretary of State Stimson of
the United States for joint fve-power
declaration warning Russia and China
of their obligations under the Kellogg
anti-war pact, had Enthusiastically indi-
Gated that such action was untimely
and unnecessary.
It was believed here that the sug-
gestion will be dropped. 1t was def
nitely learned that the American pro-
posal and the Japanese reply were ex-
changed during American Charge DAT
flares Neville's interviews with Baron
Kijuro Shidehara, japanese foreign
minister, last week.
Contents Not Disclosed.
Although the draft of the proposed
declaration was presented to Baron
Shidehara its exact contents were not
disclosed.
The official Japanese view has been
that the recent Soviet invasion did not
differ essentially in character from the
series of previous raids.
Furthermore, it was believed that a
declaration at this time would be in
terpreted by Moscow as a violation OF
neutrality, either charging Russia
with being the aggressor or an inter-
Yention in behalf of China.
PeaceabIe Settlement Seen.
Moreover, it was pointed out, between
the time of the proposals presentation
and the reply of Baron Shdehara Toxic
had received definite assurances that
Mukden and Moscow were about tC
open direct negotiations on the basis oil
Mukden's acceptance of the demands Of
Maxim Litvinoff, Soviet acting com.
missar of foreign affairs, and thai
events were marching toward peaceablt
settlement.
The Russian Ambassador and Chimes
Minister called at the foreign Office
within the same hour today. but the re-
suits of the conversations were no
made public.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
MOTT GETS DIVORCE.
Wife of General Motors oficial
Does Not Contest Action,

FLINT, Mich, December 2 R.-
Charles S. Mott, vice president ~ the
General Motors Corporation and head
OF the Union Industrial Bank of Flint.
was granted decree of divorce this
morning. His wife, the former Mrs.
Dee turey, was present, but did not
contest the action.
Hearing on the divorce petition was
held privately in chambers, and the
grounds upon which 1t was made were
not made public. When the petition
originally was filed, a statement given
out by counsel for both parties said A
divorce had been agreed upon and 4
settlement satisfactory to both had been
arranged.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
BRITAIN AGREES TO PROPOSAL.
Favors Joint Note to China and
Russia.

Russia.
LONDON, December 2 (P1.-Foreign
Secretary Henderson announced in. the
House of Commons today that at the
instance of the United States the gov
eminent of Great Britain has agreed to
Joint Anglo-American representations
TO Russia and China calling their at
tention to their obligations under the
Kellogg pact in view of the disturbed
situation in Manchuria.
las to the existence of state OF
var, I can only state that as far as
know. neither the Chinese nor the
Soviet government have informed any
other government that they consider
themselves at war;" Mr.. Henderson said.
ITO the best of my belief. the Chi
nese government has taken no definite
step to bring the dispute before the
League of Nations. But on November
% the Chinese Minister informed me
that his government contemplated such
an appeal and asked for my view.
st pointed out that there was diff
iculty because the Soviet Union was
not a member of the League. and I
informed him of the action of the
United States Government"
Mr. Henderson said arrangements
had been made with the American Gov
eminent for the simultaneous issuing
of a statement to the press by the
British and American governments to-
morrow morning.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
POLICE CURB ASKED.
New Orleans Workers Meeting
Raid May Bring injunction.

NEW ORLEANS, December 2 P).-
Stephen Alison said an injunction re-
straining police from halting labor
meetings would be sought before the
courts today as the result OF raid
yesterday upon meeting IN headquar-
tiers of the Marine Workers, League and
the local branch of the International
Labor Defense. Alison is secretary of
the latter organization.
Arrested and accused of being dan
gerous and suspicious characters were
Victor Aronson, secretary OF the Marine
League, and league members Walter
Kreworth and Fritz Strauss.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
COURT BACKS HUSBANDS RIGHT
TO LIMIT WIFE TO ALLOWANCE
Representative Huddleston Exonerated in
Appeal Decision, Which Holds Budget
for Clothing Was Ample.

May wife
articles clothing
so
the HUSBAND I
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
NEGOTIATIONS PROGRESS.
Meetings Are Between Manchurian and
Soviet Governments

SHANGHAI, December Q lP).-From
the maze Of reports, denials and counter
denials of the last week at least one
fact appeared certain today-that ne
gotiations looking to peaceful settlement
Continued on Page 2, Column So
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
LONDON AND PARIS
Join j. S. WARNING
AS TOXIC D|SSENTS
Japanese Officials Hold Note
to China and Russia
Is Unnecessary.
GOVERNMENTS DECIDE
ON INDIVIDUAL PLEAS
Progress Is Reported in Peace
Negotiations as Wang Considers
Resigning Position.
Rx the Associated Press

BY the Associated Press.
PARIS, December at was report
ed today in reliable circles that France
and the United States, acting individ-
ually, were sending notes to the Rus
sian and the Chinese governments re-
calling their obligations to the Kellogg
BRAND peace pact and appealing to
them to maintain peace.
Other signatory powers Of the pact
also were said to be sending notes.
The decision to send the notes was
said to be the outcome of conversations
between France and the United States
as sponsors for the Kellogg-Briand
pact. The governments eventually
agreed that their intervention would
be individual and not collective.
nrurAUNy ArDrrc To DpODnCAV
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02
WEATHER

GU. S. we7S.ler Bureau ForecastJ
Rain this afternoon and possibly early
tonight: slightly colder tonight: tomor-
row fair; colder Temperatures-High
est, 80. at $3.50 pm yesterday; lowest, rs,
at 3 am. today.
Full report on page 9
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02

Saturdays Circulation, 10S,I61
Sundays Circulation, 117,1I2
Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-02

The Stars carrier system covers
every city block and the regular edi-
ton is delivered to Washington homes
as fast as the papers are printed.