davidaulloa/AmericanStories huggingface dataset:
The Kusko times., 1931-11-28

was speaking Wltn reference to the record of court of general and con- potent Jurisdiction and not in regard to tn, erecord of a court of inferior and limited jurisdiction such as the trial court here, the justice court of Alaska. The record of the latter court is always open to attack. in a haheas corpus proceeding anda. when afhus challenged, such court must jus tify it's official acts at any and every stage of the proceedings, by showing that it acted within it's jurisdictions 5, Relying apparently and solely upon the Riddle case above mentioned, the Government has produced no evi- dence, record evidence or any other, to sustain the~validity of the jury drawing and empaneling in the trial court. Neither the Commissioner nor the Deputy United States Marshall who summoned the jury was before this court on the hearing. They were both material witnesses. I must pre- sume failure to call eithersor both of l. these sworn officers of the law to be in favor, of the claims of the peti- tioner. and virtual admission, by. the Government of the }truth of the testimony received in favor of thesp pc titiener as to the maner in which thae jury was. drawn ands impaneled,
 Reception by the Court of the testi-- ,mony of the petitioner in his own be- half on thiss point was objected to by the Government and by the Court overruled. The argument is made that his testimony is. unreliable, and, being the only testimony in the case,. should be .disregarded. If it WAS false testimony, the Government had full opportunity to expose that fact by the circumstances above adverted to, but failed to, avail itself of such opportunity. Why would the peti- tioner, by giving false testimony on this hearing to relieve himself from punishment on a misdemeanor charge, subject himself to a. greater penalty on felony charge, the charge of perjury?
 The further objection was made that such evidence was at best sec ondary and that the record was the best evidence. This was also over ruled on the ground that it was not secondary but original evidence by one :particinating in the trial as a de- fendant, and as being the positive testimony of an eyewitness. The Court inquired if the record of the. justice.ceurt was in the possession of the parties and was answered in the negative. By a. postponement of the hearing for six days. the Court of it's own volition and motion endeavored to secure said record but failed. On. the sixth daw the hearing was re- stunned in the absence of such record.
 The law requires an immediate hearing. in habeas- corpus proceed ing (Section 1410, Compiled Laws of ,Alaska4 1913l, and the Court will not acquiesce in further postponement in
 (Continued OH Page 3.lt
The Kusko times., 1931-11-28
DECISION, u EIUDGE CLEGG
 IN THE JOE OATES CASI
<Continued from Page 3. }


 It is conceded by both parties to this proceeding that the justice court had jurisdiction of the person of the defendant and of the otfense of as sault on the inception. of the trial, and that the commitment itself is regular, except tha i, it purports to authorize Imprisonment for nonpay- ment of costs, and the effect of such a provision in the commitment. is made a subject of controversy.
 The smain contention .e of the peti- tioper, however, is that the trial pro- ceedings were vitiated and rendered void in selecting the. jury, and that, therefore, all subsequent proceedings were ands-are void and compel the petitioners. discharge from custody The Governments attorneys, con- tend that this court cannot now ex- tend its inquiry beyond he judgment of conviction and issuances of commit mept, and that the jurisd ction of the trial court being conceded in the above particulars, any irregularity in drawing the jury is mere error not
The Kusko times., 1931-11-28


 Nothin gis better settled in the law relative to the jurisdiction of a jus tice court than the principle that 6 justice court is the creature of the statute creating it, and that no in tendments or presumptipns will be in- dulged in favor of itsijurisdiction, and that it's jurisdiction and authority continues only so long as it confines the exercise of its powers. within the limits conferred 9by law. In Alaska the court of commissioners and exr offiffifficffiio justice of the peace is an inferior court.
 - 2 c. J. 99, l67.
 Hackleman vs. Geise ct al. < l Alaska 56s. 570.
 a' Mitchell vs Galen ct al
 l Alaska, 339.
 Sylvester's Adm'r. ws.
 Wilson's Adm'rs, 2 Alaska, 325, 332, 333, 336.
 United States vs. Rozaravitch. ct al, 4 Alaska 37, 39
 Schofield, vs. Powell, 3:Alaska, 373. S75, 376.
 The main authority, cited by the United States Attorney is Riddle vs Dyche. 262, U. s. S53.
 In that. case defendant was convict ed ina court of general and compe- tent jurisdiction namely, the Federal District Court for the Northern Disl trict of Alabama" upon felony charge, the record of which court re- cited that "a jury of good and lawful men" was empaneled. After sentence defendant moved to amend the record to show that only eleven men sat in the cas eas jurors. The motion was denied. the court stationg that the record was as it should be.
 Later mandamus proceedings were instituted in the Supreme Court of the United States and denied, and thereafter a writ of error was taken to the Circuit Court of Appeals for the Fifth circuit, where the judgment of conviction was affirmed. The point as to insufficient number of jurors was not considered by the latter court, as no exceptions thereto were taken on the trial
 Thereafter Riddle applied to :. the District Court. for the Northern Dis trict of Georgia for writ of habeas corpus ands that court denied the same, deciding it was without author ity to. review the action of the trial court, which could not be impeached eollaterally, being district tribunal of general Jurisdiction and not acting III the exercise of appellate power.
 Riddle then took appeal to the Su- preme Court of the United States from the orde denying the writ, which order was affirmed. The Supreme Court says
 "That the trial court had jurisdic- hon to try and punish the appellant for the offense with which he is charged is not disputed. The attempt is collaterally to impeach to impeach the record, showing upon the face that a lawful jury was duly .impan- eled, sworn and charged. Appellants remedy, as suggested in the man. damus proceeding, was by writ. ,ef error. He did not avail himself of it; and whatever may have been. the cause or excuse for sot doing s= so, habeas corpus cannot be used as a substitute" Riddle. vs. Dycne;,, supra.
 The doctrine announced iu ,the. Rid dIe case affords no basis of authority in support of the Governments con- tention because the Supreme Court
The Kusko times., 1931-11-28

(Continued on Page 3.l
The Washington times., 1931-08-22
NEMESIS WR|TS
TRAIL CIRCUS

If the circus train of the ill
starred 101 Ranch Wild West
Show, which spent last night on
a siding in Pittsburgh, moves safe
ly across Ohio today as planned,
it will encounter a further writ
test in Indiana.
Several of the troupers who
were stranded here are members
of the Actors Equity Association,
which keeps an ever-watchful eye
on nonpayment of stage and tent
entertainers. .r.
The troupers are trying to get
the association to make bond for
proper care of the livestock and
equipment, and if this is done,
writs that will "stick" are ex-
pected to be served at Indiana
rolis. The main thing wrong
with the raft of writs served here
was that nobody cared to put up
the stiff bond demanded by law.
Hearing on the Maryland writs
will be next Friday, although, OF
course, even a reversal will be too
late to have any practical bene-
fir
The Washington times., 1931-08-22
BLAMED
IN ROBBERY

Thieves early today broke into
the Household Supply Company,
1908 Rhode Island Ave., Mt.
Rainier, Md, and stole approx.
mately 5000 worth of lamps, fish
bowls and bedspreads.
Louis Kerston and his brother.
joseph, proprietors of the store,
told police they believed the rob-
berry had been staged by some
local persons for spite. Louis was
acquitted of violating the towns
gambling law when arralgned be-
fore Judge Robert Joycie last
night.
At that time municipal Off
cials contended the store was
operated as a sham and that
"punch-boards" were distributed
from there into the District. The
stores stock, it is their belief,
they say, was used as prizes. given
to sellers of the alleged punch
boards. KerSton was released on
5000 bond after town officers
took an appeal on the case.
The intruders last night gained
entrance to the store by jim
mying a rear window Of the eStab-
GShment,
The Washington times., 1931-08-22
T39:SHORl:::::: KILLING.
T0GR|1AQJyRY

Charged with conspiracy to
commit robbery, in connection
with a ho1G1p OF tie Garden T.
shoppe last AprA, curing which
Mrs. Elizabeth Jaynes, cashier,
was killed, three persons were
held today for the action Of the
Grand Jury after a pfeliminary
hearing before Judge Robert e.
Mattingly in Police Court.
Thomas . Jprdapa who was re-
turned Here aftef his recent ar
rest in4Atlantic eatE and his two
co-defendants, Mrs. Edith Ma.
gruder Dodsworth and Ralph e.
Aiken. pleaded not guilty. Aiken
Is q mail-carrier attached to the
woodbridge S postal eStation. while
Jordan, and Mrs, Dodsworth are
both f6fHier EeStait-ant employees.
Sergt., Dennis Murphy, Of the
detective bureau, testified police
investigation has revealed that
Mrs. Dodsworth and Jordan had
planned to rob the T-Shoppe. at
1885 Columbia .Rd. N. W., on the
night Of Easter Sunday, and that
they had ntoIb Aiken Of their
Aftef stheO robbery, which was
staged Z on, the night of Good
Friday, Murphy said Aiken ap-
preached Mrs. Dodsworth and
asked if Jordan had pulled the
Job" Mrs. Dodsworth denied
that J0rdan had committed the
crime, saying that he was work
ing.
Jordan and Mrs. Dodsworth are
said to have admitted to police
that they planned the robbery,
but both deny having actually
carried out their plan.
Bond for Mrs. DodSworth and
Iordan was placed at $4,000
each, while Aiken's bond was
set at $1,000.
The Washington times., 1931-08-22
CAR LINE DROPS
|. TWENTY TRIPS

A new schedule, designed to
save 500 daily expenses, has been
approved by the Public Utilities
Commission and will be placed in
effect by the Capital Traction
Company tomorrow.
Twenty trips on lines Of the
company will be eliminated by the
new schedule. Nine trainmen,
eight Of whom are comparatively
new employees of the company,
will be discharged, while other
trainmen will be given a day off
once every seven days instead of
once every eight days as hereto
fore.
The trips eliminated are one
southbound and six northbound
trips on the Fourteenth Street
line; nine trips on the New Jersey
Avenue-Navy Yard line, and four
trips between 2 and 6 p. m. on
the Florida Avenue line.
A statement issued by the COM
pany explained the reduction
was not caused by the recent
slash in taxicab rates but had
been planned before the cab
prices were reduced.
The Washington times., 1931-08-22
JORDAN FIGHTS
TRAFFIC CASE
Times Staff Photo

william Jordan, alias Gordon,
already under $4,000 bond on a
charge Of beating two men
arrested in connection with the
fatal attack on Mrs. Anna Noble
Sparks, 40, on July 80, was
arraigned in Police Court today
on charges of reckless driving
and having no drivers permit.
He demanded a jury trial and
was released on $500 bond on
the reckless driving charge and
$500 bond on the no permit
charge. The trial was set for
September 4.
Jordan's arrest was the after
math of a wild chase down Con-
necticut Avenue last night, in
which he is said to have figured.
According to Policemen A. G.
Keene and D. M. Brown, on
whose complaint Jordan was ar
rested, they saw an automobile
proceeding down Connecticut
Avenue last night without a tail
light.
Pulling up alongside the ma
chine in the 34OO block of the
avenue, Keene said he recognized
Jordan. The latter, he said,
glanced up and speeded up His
machine, soon. outdiStancing the
police scout car Keene was
driving.
The Washington times., 1931-08-22
FIRM
T|E-UP IS
PROBED
President of Central Public
Service Corporation to Be
Quizzed on Expert Service

Corporation Counsel William w.
Bride and his assistant, William
A. Roberts, today were studying a
statement issued by Albert E.
Pierce, president of the Central
Public Service Corporation, Of
Chicago, for possible confirmation
of their charges that the corpora
tion was the owner of the Wash.
ington Gas Light Company.
One paragraph of the state
ment, particularly, occupied their
attention. This admitted:
For the purpose of effecting
economies in operation, the
Washington Gas Light Com.
pany has availed itself during
the past few months of the
services Of various experts in
the employ of Central Public
Service Corporation, and has
Eaid these experts for their SER
vices on a reasonable per diem
basis. These experts have
turned over the sums SO re.
Ceived to Central Public Service
Corporation as reimbursement
for their time which was de-
voted to Washington matters"
Will Be Questioned
Mr.. Peirce will be questioned on
this statement when he appears
before the Public Utilities Com.
mission in coming gas hearings.
The hearings will lay the ground.
work for possible court action
based on the La Toilette anti
merger law.
A delegation headed by Mr..
Peirce and George A. G. Wood.
president of the local gas com.
pany, had a three-hour confer.
ence with the utilities commission
yesterday in a futile effort to
have revoked the commissions re-
cent order prohibiting transfer Of
any Washington Gas Light prop
erty or money to Central Public
Service. y
Maryland Approves
At the conference, Mr.. Peirce
disclosed that the Maryland Pub
lie Service Commission had given
its approval to secret Organiza-
Zion of a subsidiary of Central
Public Service known as the
Washington Gas Transmission
Company.
This company, it was explained,
has taken title to a pipe line run.
ming from Rockville, Md, to the
District Line. Natural gas will
be purchased, it was disclosed,
from Columbus Gas and Electric
Company, piped through the line
and sold to the Washington Gas
Company at g cost Of $2,400
monthly.
A copy of the contract to be
negotiated between the Washing
ton Transmission Company and
the Washington Gas Light Com
pany was promised the commits
sion within the near future.
The Washington times., 1931-08-22
Stone Didn't Answer
In Court Because
He Has Died

"stone-, Stone, Stone,
answer your name"
Clerk of Police Court Joe
Byrnes shouted this over and
over again today in court. His
face began to get red. Then
he happened to glance down
and noticed Alphonson White,
colored. charged with assault
on Stone, who was also colored,
on August Z. White was grin
ming. White said:
BOSS man, there amt no
use calling that boy. He won't
answer. He died of natural
causes, heart failure or some
thing" e..
It developed that Stone had
died following the assault. The
case was continued until other
witnesses could be summoned.
The Washington times., 1931-08-22
2 Stations to Radio
Medal Presentation

Plans for radio broadcaSCS py
stations WMAL and WJSV OF
the ceremonies attending pre-
sentation of medals to a dozen
fire and police department heroes
at Griffith Stadium on LABOR
Day have been completed, Fire
Chief George S. Watson, an
nounced today. ~ !,
The medals will be awarded
for outstanding deeds of bravery
performed during the fiscal
years of 1929 and 1880. The
ceremonies will precede the
annual ball game Of the police
and fire department teams.
The Washington times., 1931-08-22
Missing Man Says
He Was on Business

Victor Hansen, 46, a contractor,
living in the tourist camp at East
Potomac Park, reported missing
since wednesday by his vile,
wasn't missing at all, he said
late yesterday when he returned.
Police today quoted Hansen as
saying he was on a business trip
to Baltimore. Mrs. Hansen was
waiting with their children for
his return, and asked police to
search for him, saying she feared
he had met with foul play. He
left the camp Wednesday night
with $780,.
The Washington times., 1931-08-22
Girls Summer Camp
To Omen Tomorrow

Dedication of the new Phyllis
Wheatley Y. W. C. A. summer
camp at Highland Beach, Md.
will take place tomorrow. Among
those taking part will be the Rev.
E. l.. Harrison. pastor of the
Shiloh Baptist Church; the Rev.
r. w. Brooks. pastor Of Lincoln
Temple Congregational CHI. IN;
DR.. John r. Hawkins. DR.. EN-.
NETT j. Scott, father Of the de-
ceased, in whose honor the camp
is named, and Mr.. Robert Nc.
Guire, chairman of the camp com
mittee.
The Washington times., 1931-08-22
Fox Hunters
Select Trial Judqes

LEESBURG, Va, Aug. 22.-The
Virginia Fox Hunters Association
have selected judges for the tenth
annual trials to be held here
the week Of October IL.
included on the list are oDr.
F. A. Sinclair, Newport News, for
mer president of the association:
Jefferson c.. Phillips, Hampton,
president of the Tidewater Fox
Hunters Association; Samuel p.
Goodloe, Alton, former president
of the Virginia association: Clag-
gett c. Dorsey, Glenarm, Md; r.
v. Martindale, Amherst, Va, and
j. E. Keyser, Flint Hill, Va.
The Washington times., 1931-08-22
FIT TIL VICTIM 5
CRIES ROUT
RAIDER
;SteaIthy Steps in Bedroom
Awaken Sleeper; Thief
FIees With Watch, Money

Midnight prowlers are terroriz.
ing the northwest section.
For the fifth time this week
q woman in the section was
awakened last night to find a
man in her apartment.
As in the other four cases, the
intruder fled when his victim
screamed.
The victim last night was Car.
ries Ii Smith, Of S2s7 Hiatt Pl'
NV
VIC Screams ROut PrOwler
Stealthy footsteps in her bed.
rooin aroused her. She awoke
to see a onan sneaking about the
room. As She screame the man
ran But to7off0 ii a door.
It was discovered that the man
had "jimmied" the door to gain
entrance!o1t was also found that
he chad gstOleni $11 and a watch
valued at $2s. be,
ssosrNS Arrests Made
Almost every night during the
week q similar Incident has oc-
curTed1 s6mewhsfe1 in the north
westiu according TO reports made
tn -H6lie9ujut IUoy
fBus fsrtiidt arrest has been
made innI Connection with the
~riScSs F7B U0Y i1HU
sJoG q auLr cad
The Washington times., 1931-08-22
Special Jury Denied
In Land Value Fight

The motion Of Bliss Properties,
Inc, for swearing in Of a special
jury to pass on the value of
land and buildings it owns which
are in the path Of proposed
improvements near the Union Sta
ton and Capitol, was overruled
by Justice Let's in District STU
preme Court yesterday. Attor-
ney William C. Sullivan said he
win appeal to the District Court
of Appeals.
The Washington times., 1931-08-22
MishGp Plus Police
Retrieve Stolen Car

Seventeen minutes after Wash
ington police had notified Alex
andria that a. Ford car belonging
to us. Evans, of 928 C st. N. W.,
had been stolen the car was re-
covered by Patrolmen Miller and
Hawes, of Alexandria, and Finks,
Of Fairfax county. Three youths,
all giving New York addresses,
were arrested when the car struck
an auto driven by William CheSky,
814 Franklin st.
The Washington times., 1931-08-22
Paul Revere Rides
Blistering Dogs,
Lacking Horse

A horseleSs Paul Revere is
on his way to washington to
sell himself.
He lives in Memphis, but
even there he didn't have a
horse or so much as a roller
skate. So he decided to walk
to washington and put himself
on the auction block on the
Capitol steps.
He may get here If his feet
stand up. He carries a large
sign which notifies motorists
that he voted for Hoover in
1928 and therefore, maybe,
doesn't deserve . Southern lift.
The Washington times., 1931-08-22
POLICE HUNT :
FOR STORE
ROBBERY
Pair Hold Up Proprietor, Get
$3.50 at Pistol Point; Duo
Mabbed But Not Identified

Police today are looking for
two men who early this morning
held up and robbed Sam Harris,
manager of a delicatessen store
at SOL C st. N. E.
The robbers escaped with $50.
Harris, who lives at sos B ST.
N. E., told police the men entered
his store, pointed pistols at him,
and ordered him to come
across"
He obeyed. Then, after warn
ing him not to make an Outcry,
they walked leisurely out.
Victim Describes Pair
Harris described the men as
being about % years old. both
about 5 feet 10 inches tall. both
weighing about 1876 pounds. One
wore a brown coat and slouch
hat: the other a gray coat and
cap.
Harriss said a touring car sped
away shortly after the robbery
and he believes the bandits were
in it.
Two Youths Held
Two youths were arrested early
this morning by Detective Sergts.
R. j. Cox, but after being viewed
by Harris, he said they in no
way resembled the men who held
him up. They were still held,
however.
The Washington times., 1931-08-22
AWGrds Cite Three
For Var Sernice

Announcement was made at the
War Department today of the
award Of the Distinguished Ser
vice Cross (posthumouS) to Ray
M. Karls. sergeant of Company C.,
Field Signal Battalion, A. e. F.,
and of Silver Star citations for
gallantry in action to william S.
Hughes, corporal, machine gun
company. One hundred and
Sixty-seventh Infantry, and Clyde
r. SeitZ, sergeant, machine gun
company, One Hundred and Sixty
seventh Infantry.
Karls' mother lives at Columbia,
Mo-; the mother of Hughes at
Marion, Ala, and Seitz lives at
South Pasadena, Calf.
The Washington times., 1931-08-22
BABY Suffragette" Calls
Parents to Task

Parents of children who stay
out too late at night will be re-
quired by law to report their er-
ring youngsters to the police If a
law sponsored by Miss Dorothy
Frooks, noted woman lawyer, is
passed In New York.
Miss Frooks, who is making a
brief visit In washington, believes
that the juvenile crime wave can
only be halted through co-opera
ton Of parents with the police.
Her bill, which has the indotse-
ment of many New York legisla-
tors, would make parents failing
to report their children's E1is-
deeds accessories before the fact
in case the boy or girl was sp-
pretended for a serious offense.
The Washington times., 1931-08-22

On the public platform at the
age Of IL demanding "Votes for
Women" Miss FrOOks was known
from coast to coast as the baby
suffragette. She is the youngest
woman ever admitted to the u. s.
Supreme Court Bar and in New
York has an extensive practice
specializing in juvenile cases.
Modern crime problems, she be
Iieves. can only be solved through
the younger generation. The
older. according to Miss Frooks, is
hopeless. In her work she has
found parents frequently If not
actually in sympathy with their
children's mishehavior or at least
condoning it.
The Washington times., 1931-08-22
Hundreds AWGiting
Inscription Verdict

Hundreds of workers in the De
partment of Commerce are await
ing selections by the New York
architects Of the new Commerce
Building of inscriptions to be used
on the huge structure.
The inscriptions are being
picked from a mass Of suggeS-
tions from the 1000 employees, sew
eral Of whom will receive prizes
for the best ideas.
The Washington times., 1931-08-22
Woman Badly Hurt
As Car Turns OUeT

An accident on the slippery
pavement of the Lee Highway
near Bull Run, Va, last night re-
suited in serious injuries to Mrs.
Annie L. Bayne, "a, of the 1900
block of Maplewood Pl. S. e.
Mrs. Bayne was brought to
Emergency Hospital by John
Linthicum, Of the 3700 block of
Thirtieth st. N. E., after her
small sedan had skidded from
the road and turned over. She is
believed to be suffering from
fracture Of the spine.
The Washington times., 1931-08-22
so Giant RedUOOds
Planted in CITY
Dump By Error

Because so giant California
redwood burls were thrown into
the trash container at Schmidt's
Emporium Of Pets, 712 Twelfth
st. N. W., yesterday afternoon
by mistake, the dump at the
south end Of the Highway
Bridge may some day be the
home of a great forest.
Unheknown to Government
horticultural experts and the
Park and Planning Commission,
the embryo forest was dumped
there, and Is now probably sew
eral inches below the surface
an6 sproutinS fast.
The Washington times., 1931-08-22
Gross Eye Tom Is
SOu0Et After ROLU

Gross Eye Tom" had both bad
intentions and bad aim last
night, according to a report to
police by Ihmel Tyson, colored,
27, of 1926 Sixth st. N. w.
Tyson said Gross Eye" mani.
tested his bad intentions by shoot
ing at him tiwce as he stood in
his doorway. Fortunately. his
aim was bad, too, and the bullets
missed. Police are looking for
Gross Eye"