St. Louis Post-Dispatch
March 4, 1927

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oes. THURSDAY. is MARCH 3. 1997. -——— pA eee reek we gs ’ we , son, i the me? — Pictures: by Nicholas Af Text Edited by Ida M. Tarhey pee re ~ FROM NOW ON WAS ONE OF HARD | RRYMAN, CA? ~ENTER’S ASSISTANT ; T WATER TRANSPORTATION FOR i PROSPERITY TO THE ILLINOIS INTERESTED IN ALL THE WATERWAYS. E MADE HIS FIRST JOURNEY DOWN y HIS WAY ON A FLATBOAT TO ~ re one ee enn brimmed hats which have alwg ‘kept a place in English dress, uYrbans sre made generally of on skin and fit the head tigh ie sole decoration is often a gre represent ‘ might the reptile. ne which » of LOWANCE “KENT TUBE For Our 16 Appraiser 4 CTRIC CO. E ST. SIX- ~ F the music blurs as soon 8) you turn itup to room volum® - : @ change will probably fix ith your dealer! He'll recomme fRca power Radiotron 1n Stage. : t's a storage battery sot, Radiotron UX-171 or UX i " ACA Pe. i ° adiotro ZO MO oD GLE tel - - © y WILL DEMONSTRATE AN® ADIOLA | UR HOME. NO OBLIGA 77h ttric Comp O4d Pine CE 3 3456 aay ae i es SS nsky | COURT IN A WEEK rs PS pe ¥ij a. m., was the second within a Waitress? ' Call MAin One, One—One, One r —Ask for Betty ee .- Di atch Petia ANY is Read in FAR MORE S&t. Louis OTHER Newspaper, Daily and Sunday. ST.LOUIS POST- DISPATCH The Only Evenmg Newspaper in St. Lows Withthe Associated Press News Service . = Bs Complete Market Reports) i TION > 179. NO. 178. ST. LOUIS, FRIDAY EVENING, MARCH 4, 1927—56 PAUES. PRICE 2 CENTS AGER FOUND HILT; JURY ES DEATH IS PENALTY Nine Year Old yer of George Schou yicted in Saloon Rob- and Killing. OND IN SAME Birmingham, His ‘T Companion, Will Be Put Op Trial for Life As Leader on May 2. . » was the pen- Death by hanging was decreed by a jury today for ad Yeager, 29 years old, for murder of George Schou, eld- iy tailor, who was shot when he e # in the way of Yeager and his n, Maurice Birmingham, ‘holdup Nov. 17 last. he capital punishment verdict, ed in Judge Pearcy’s court k in the same courtroom. ‘he Friday night a jury assessed death penalty against Thomas . for the murder of Patrol- Eugene Lovely, occasioned policeman’s attempt to ar- ‘Lowry for speeding, Sept. 25 er faced the jury calmly as fered the courtroom, and he SENATE ADJOURNS WITHOUT ACTION ON DEFICIENCY BILL OR THE REED RESOLUTION | | | ! } pno outward sign of perturba- | fas he heard the court clerk the words, ‘“‘We fix his pun- tat death by hanging.” thad a haircut and shave be- the final arguments “his clothing was as well a for aS that of a jail pris- fean be. He refused to com- fon the verdict. His counse’ e for a new trial. w Calls Verdict Just. us widow, weeping, said, just. He took away my inner. He will never suf- ‘pain my poor husband suf- (from that bullet wound in ad, in the three days before meath. [I am sorry man’s. relatives.”’ Disher of Yeager, attending the trial, was pres- for the verdict. He for # upon him of the verdict. e Pearcy,’ wn or acquittal, dismissed fwith thanks for the ice, but without Meally to the verdict. my Sidener, however. the jurors to the office and shook hands them. mu have served this commu- PWell”” he said. “If juries ue to show backbone, as you Circuit fol- yester- | this | said their er, living in Fairfield, 111., was sly iil, and that he feared the | | ment over the tactics of the filibus- \ whose instruc-| ters, which, they said, consisted of . had left the jury the alterna- | “deadlockiing the Senate until the | S of first-degree murder con-| eleventh hour and then applying | ' the | the faithful referrins | the bills without consideration. ; He | i ; who has; 'souri and a majority of the Demo- | rules, — Filibuster Deadlock Kills Much Important Legislation, Including Public Building Program and Postal Rates Revision. By PAUL Y. ANDERSON, A Staff Correspondent of the Post-Dispatch. WASHINGTON, March 4.—The Sixty-ninth Congress ended at noon today. The Senate, with its hands still tied by the old guard filibuster, sat helpless while the hands of the clock moved to the hour which sig- | haled adjournment and death of nearly a dozen important measures. In the last two minutes of the session it listened to an address by | |its presiding officer, Vice President Dawes, who renewed his demand | for change in the Sénate rules, insisting the present rules were respon- sible for the deadlock in which the session was ending. He refused to be interrupted by | gene two Senators who were trying to | of the | reply that the fault lay, notin the but in the failure country toadopt the Norris amend- | Constitution ‘lame duck” Federal abolish ment to the which would i sessions and Keep Congress in ses- | sion until its business has been ‘completed. The filibuster, conducted by Cool- idge-Mellon Republicans and waged to prevent the reopening of the bal- lot boxes used in the Pennsylvania primary election last year, never relaxed its grip. Plan Colorado Inquiry. In fact, the determination of the | in the! that | headed | Missouri, was | filibusters was heightened final hours by the disclosure the slush fund committee, by Senator Reed of contemplating an investigation of the election in Colorado last No- vember, in which the Republican nominee, Charles Waterman, was elected to the Senate. It was the Reed committee whick unearthed the corruption in Republican primaries in Pennsyl- vania and Illinois, and it was to defeat a resolution empowering the Reed committee to continue work throughout the summer that the filibuster was carried on. notorious | the | its | Whether it accomplished its pur- | pose, however, is doubtful. of the highest legal authorities in the Senate are of the opinion that the Reed committee has authority, under a previous resolution, to con- tinue during the recess. The filibuster killed the pending resolution, but it also passed executed the death sentence upon a number of bills and resolutions, some of them of the highest -im- portance. and | “UNSINKABLE MRS. BROWN” Some | FAIR AND WARMER TONIGHT: TOMORROW TO BE CLOUDY THE TEMPERATURES. eS seer r 34) Me Die oe tn dws 3h . S. 8. cae eee Oa fe 40) :. t ec khan.” Be oes ce +4 2 eee |. wee) gS Ee eee 46 eg Ye ee Mi wae ss ea 45 a. S are ae Mee sie 1 i! ey $0) ee Se eer. 51 Official forecast for St. Louis and vicinity: Fair to- night; tomorrow, increasing cloudi- ness; rising tem- perature, with the lowest tonight above freezing. Missouri: In- creasing cloudi- ness tonight. probably followed by-- rain tomor- row afternoon or night; warmer tonight and in east and south portions tomor- row. Illinols: Fair tonight, probably becoming unset- tled by tomorrow afternoon or AWES SAYS, "I TOLD YOU So,” ‘night; rising temperature. Alaa tc ‘Desperate last-minute efforts to) save some of the most essential hills were unsuccessful, standing the fact that Reed of Mis- erats offered to lay the Reed reso- | lution temporarily aside. | | | | ' Pdone, there will be a halt in! Perations of gunmen in St. ’ S Refuse to Comment. bers of the jury said they Rred to let their action stan4 ut comment. H. H. Todd, ieted With a downtown brok- firm, was foreman. r Yeager had been removed Jail the setting of the case ' | | | ' Ingham. also accused of the | er of Schou, was R. ¢, Lacy, Birmingham” » Showed no desire for an | Setting, which would € close upon two hanging | He said he had other discussed. | { bring | } | } ' Which wotild Occupy the next | ks, on — . . Beach after examining | el, suggested May 2, and | r i y bay Lacy agreed to that Witnesses in the Ye ager case | that Birmingham directed . dd at Swedish-American | , 157 South Kingshighway, Pave the Order to Yeager to that fellow,” which caused POting of Schou. Under the € the Court's instructions e Yeager case, both | e the holdup are equally . * murder incident to the q The State will ask for Penalty in Birmingham’s eager Case went to the 725 P. m. yesterday. After the jury deliberated until at returned to the jury a . m. and did not com- With the Court until if its verdict. te . ~ m the Everglades. + Fla, March 4,.—Toma- d other tender crops as far em 10 miles from the east a. Most wiped out by the at penetrated as far as ad, 3] Miles south of Mi- me according to reports a . the United States / Ureau here. Ice formed Yerglades west of Miami, th Ho 3 ag as derrees. (;rowers Coast experienced little | There are large ® temperature at 1 a. m. | | money | mittee partici- | | caused | |New Se eee i A few Senators, full of resent- lash of appropriation bills,” declined to consent to passage of Important Bills Killed. Among the moss important Court! the measures thus ki!l*1 were: The second deficiency appro- priation bill, carrying a total of $93,000,000, more than half of which was for the benefit of war veterans. The alien property bill, pro- viding a method for returning the alien property seized during the war. The public buildings bill, one authorizing $100,090,000 for pub- buildings here and through- out the country, and the other appropriating $19,000,000 for carrying out last year’s authori- zation. The Borah resolution, empow- ering the Foreign Relations Com- mittee to sit in Washington dur- ing the summer, to keep an eye on the adminigtration’s conduct toward’ Mexico and Central America. The Norris resolution, author- izing the Judiciary Committee during the summer to investigate the sale of Federal offices by Republican politicians in the Southern states. The Walsh resolution, for an investigation of the public util{- ties of the country, particularly the electric “‘power trust.” Filifusters Tighten Grip. Knowledge that the Reed com- was contemplating an into the Colorado a sensation. It the temper of Senator David A quiry notwith- | increasing northwest, occa. in Tonight ‘rain in Arkansas: cloudiness, Warmer; tomorrow, cloudy, Sional rain, warmer, {except nortthwest. TO WED TO GIVE SON A TITLE Denver Widow to Be Bride of Duke of Chatre, Who Wants Her Boy for Heir. By the Asavciated Press DENVER, Colo. March 4. — Mrs. J. J. Brown, whose husband amassed a large fortune in mining ;roperties prior to his death five | years ago, announces her engage ment to the Duke of Chatre, heaa —_ of | ' Mrs. Brown | | said of a prominent French family She the Duke had arrived at a considerable age and wished an heir to carry on his name and titles and had agreed to bequeath his various titles to her adopiea son, George Since the death of her husband has spent much of her time abroad and at Eastern resorts She was rescued from the ill-fated liner Titantic. She called herself “the unsinkable Mrs. Brown” aft. | er this adventure ‘claimed by Macon County. years. in- | election | hardened | Reed (Rep.) of Pennsylvania, and | Senator George Moses (Rep.) of Hampshire, who had _ been leading the filibuster, to keep the Reed committee from opening the | Pennsylvania ballot boxes from the | election in which William S. Vare | was nominated and elected to the | Senate. There had been numerous reports | of a “Mellon interest” in the Colo- rado election, and this vanced to explain the lengths to which the Pennsylvania Reed, the | was ad- | “Mellon spokesman” in the Senate, | ‘had gone to defeat the resolution extending the powers of the Mis- souri Reed’s slush fund committee. Information has come to the com- | mittee indicating large expendi- tures in the Colorado election, and | came from Ces tinued on Page 2, Column 3. it has been said that some of this) Pennsylvania. | coal and steel in-, 25 GOLDEN WEDDINGS IN TOWN LA PLATA, Mo., March 4.—A record for matrimonial longevity is this town of 1800, in A survey shows that 25 couples have celebrated golden wedding anniversaries. Four of them have been married for 60 years or more, one claiming 67 em a | (Pp Ham Leong was into slavery when a Chinese was only 12 years old, and eventually was Butterfly hrought to America. In San Fransico’s Chinatown she danced her way into the hearts of yellow and white, and lived a ‘‘protected #girl,”* surrounded by luxury and decked with jewels. But some mysterious power decreed her death, and she was covered with jewels and rich brocades. with a pair of shears through her throat. Her pitiful story is a feature of the next Sunday Magazine of the Post-Dispatch ittle sald tne The Fate of So Amerigo Dumini, He Called born in St Louis, must Mussolini terve five years in an a Pig Italian prison for his disrespect, although he served but four months der of’ socialist deputy, M story of this strange whose father waa wel]. in Se. Louis during the ‘90s, another feature of the next Magazine of the Post-Dis- r the mur- bnown will be Sunday patc h. : . Henry Wise Wood was Missouri born and educated in Farmer Ousts Missouri, and tiled the a Premier soil Ras County. Then he went to North Dakota and later to Alberta, Canada Now he names the Alberta Premicrs —and ousts them-—and generally runs Canadian affairs to suit himself and the other farmers. His story will be told next Sunday in the Magazine of the Post-Dispatch. ot People thought Nancy Hoyt would escape the Romance marital troubles of her sister, Elinor. But when Blows Up Nancy { left -her first fiance waiting at the altar, the purple shaw! ladies shook their heads and sat back to wait Nancy married at last and the story of her brief career as a housewife will be told next Sunday in the POST-DISPATCH Sunday Magazine Another Hoyt — | bassy. PROTEST AGAINST COURSE OF TELLEZ MADE BY UL S MILLER CONVICTED, JURY — DISAGREES ON DAUGHERTY; — NOLLE PROS FREES LATTER Recent Note to Mexico Set Forth Envoy’s Declara- tions Held to Have Been Undiplomatic. AMBASSADOR AGAIN STARTS FOR MEXICO Acting Secretary of State Denies That American Government Demanded Recall of Envoy. Special Cable to the Post-Dispatch and New York World. Copyright. 1927. bv the Press and Pulitzer Publishing Cos. (New York World and Post-Dispatch.) MEXICO CITY, March 4.—The latest Mexican note to Washington is said to be a_ vigorous de- fense of Ambassador Tellez and Consul-General Arturo Elias, half-brother of President Calles. Both were the objects gf a pro- test received from the State De- partment Monday, based on their nublic explanations of Mexican policies. The American note set forth spe- cific declarations and _ activities which the American Government holds are in contravention of the diplomatic and consular preroga- tives of the two officials. State Department Objects. The State Department took vig- orous exception to what it con- strued as organized propaganda within the United States against the policies of the Washington ad- ministration. Specific mention was made, not only of statements given to newspapers. but of pamphlets alleged to have been circulated at the expense of the Mexican Gov- ernment The American note ‘s considered as approximating an wltimatum., demanding that this_alleged OFEe cial propaganda cease. The Mex- ican Government’s reply, as far as is known here, yields nothing in this respect, Formal Denial That U. S. De- manded Recall. WASHINGTON, March 4. — A formal denial that the United Sta‘es had demanded the recall of Mexi- can Ambassador Tellez. who teft Washington last night for Mexico City. was issued today by Acting Secretary Grew of the State De- partment. Mr. Grew’'s statement follows: “The report that the Mexican Ambassador's recall has been de- manded by the United States is without foundation, and this Gov- ernment has no information *on- cerning the purpose of his visit to Mexico City.” ; The Mexican embassy later is- sued this statement: “On Feb. 25 Ambassador Manuel C. Tellez left Washington on a’ leave of absence because certain family matters required his person- al and urgent attention in Mexico City. On his way § information reached him to the effect that his | J i | brother’s health had improved. which moved him _ to return to} Washington, whence, however, he had to start again yesterday for Mexico because the cireumstances that prompted him to desist from his trip had disappeared.” Tellez left Washington after a day of bustling activity at the Em- Only his private secretary accompanied him to the train. and hi wife and two children were left here. The Ambassador slipped out of Washington early last night, and it was several hours before his de- parture became known. The statement of Grew deepened the mystery of the sudden de- parture of Tellez from Washington last night, and still further en- shrouded in secrecy the circum. stances surrounding the notes ex- changed recently between the two Governments. There were intimations, but no authorized statements, at the State Department that the notes did not concern alleged propaganda activ. ities of the Embassy, but there was no denial that such activities had been under discussion at some recent date SOVIET JAILS BUTTER CHIEF Rv the Associated Preas. MOSCOW, March 4.—Russia’s biggest butter and egg man is in jail. Ivan Popov has lost his {fob as head of the soviet butter trust. has been expelled from the com- munist party and arrested for neg- ligence and extravagance because he spent much soviet gold and sold little butter on an official trip to China and Japan. Instead of send ing home orders for butter ft is al- leged Popov sent letters to friends in praise of the geishas of Japan and the celestial beauties of Shanghal and Pekin. The outraged control commis- sion of the communist party oust- ed Popov and expressed hope that he would be sent back in the gen- eral direction of Japan—as far as Siberia. | - i Alm MN may - -_- STUDENT HELD AS BURGLAR PLEADS LAPOE OF MEMORY Henry Edward Threlkeld, 23, Washington U. Se- nior, Taken in Basement of South Side Home. WAS CROUCHING UNDER STAIRWAY |. Woman Living in House Had Been Awakened by Man in Her Room and Had Given Alarm. A Washington University senior. who has been working his way through school by’ scholarship loans for tuition and part-time em- oloyment for support, active in sshool athletics and popular in student circles, was arrested at 4:30 a. m. today under the base- menc stairway of a South Sid¢ home by police who had come to catch a bu?glar. He had on his person a wrench a screw driver, a vial of chloro- form, a hat and a cap, for each of which he offered an explana- tiét® He professed to remember “ebbing about his movements after last midnight, and suggested that overstudy had caused a lapse of memory. He is Henry Edward Threlkeld, 23 years old, son of a Bransville, Mo., fruit and stock farmer. Woman Gave Alarm. A telephone call from Mrs. Rov Speier of 3935 DeTonty _ street. brought a squad of police to her home, Sleeping with her two chil- dren in a first floor bedroom she had been awakened by a man in the room, who apparently had en tered by raising a window from the outside. When she cried out. he fled through the first available door which led to the basement and when policé came and snapped on the basement lights they found the student crouching under the stairway. Threlkeld immediately pleaded lapse of memory, maintaining he did not knew how he got to the South Side, where, he said, he never had been before. He lived at the Psi Delta fraternitv house. 6898 Clemens avenue, and he had gone early in the evening to the “Stu dent Life” office at the university to study because it was quiet. there He started home at midnight. he declared, and could remember nothing more. Asked about the wrench and screw driver in his pocket, he said he had picked them up in the back vard’of the fraternity house yester day to return them toa friend who had absent-mindedly left them there. The folded fedora hat in his pocket? He generally wore that, he said, but he had found the cap in the “Student Life’ office the night before and decided to take it home. The two-ounce bottle of chloroform? He carried that to treat a sore toe, injured in schoo) athletics. Policemen examined his feet and reported they found no injury Pleads Lapse of Memory. Threlkeld repeated his explana- tion to reporters. “I haven't very much money.” he related, “but I have no reason to steal anything or break into anybody's home. I think the trouble is that I have been studying and working outside of schoo! hours so much that it got me. f[ felt dizzy several] times in the last couple of months.” Threlkeld related that he came to Washington University three an4 one-half years ago Each term he has arranged for an honor loan to pay his tuition such loans being granted to students with good rec- ords and reputations who promise to pay back whenever they can In addition. he has worked in the afternoons as advertising man for a jacket company at $40 a month, and has received occasional remit- tances from home Tn student activities he is sports editor of “Student Life,”’ a univer- sity weekly, which position carrivs a small remuneration. He was treasurer of hig fraternity last year and was secretary of the Univer- sity “Wrecking Team,” an organi- zation of popular students dedi- cated to upholding school tradi- tions. He also wes on the base- Page 2, Column, 2. Continued on Guilty of Conspiracy ———— > oven Oe a a eee ae : : * a | ae 7 ; ® HQMAS Former ~ ns ate a ware ete. "s oo gO ee Bee wie ate? a” ale nd . S. Alien Property Custodian. DESCRIBES FIGHT 70 DEATH OF SEA LION AND OCTOPUS Yale Scientist Sees Devilfish Killed by Foe in Struggle ‘on West Coast, By the Associated Press. BERKELEY, Cal., March 4.— Prof. Wesley R. Coe of Yale, en- raced in research work ‘at the (University ‘of California’s sea’ lab- oratory near.La Jolla, today de- scribed a fight to the death be- tween a huge octopus and a sea lion, which he had witnessed. The sea lion was the aggressor. The octopus threw its’ tentacles around the sea lion’s neck, and gripped its head, making desper- ate efforts to fend off the slashing teeth. But presently the tentacles lost their grip. The sea lion seized the octopus and threw it high in the air. The sea lion caught his enemy coming down, found a vital spot and ended its life with one bite. G00D WILL PLANES START FOR CAPITAL OF URUGUAY Flyers Expect to Stop at Rosario, in Argentina, En Route to Montevideo. By the Associated Press. ASU“’CION, Paraguay, March 4.—Continuing their good-will flight, the two surviving planes of the leading section of the United States Army Pan-American squad- ron left Asuncion at 6 o'clock this morning for Montevideo, Uruguay. They planned to make a brief stop at Rosario, Argentina, before going to the Uruguayan capital. LIQUOR FOR EMBASSY STOLEN Diplomatic Seals Broken in Tran- sit Between France and U. S. Rv the Associated Press, WASHINGTON, 4.—-A March shipment of choice liquors to the French embassy was tampered with on its way to Washington from France, and one-fourth of the consignment is missing. Washington This has been established by the Post which says at- taches at the embassy are wonder- ing who broke - the’ diplomatic seals under which the whisky, gin, wines and champagne left France. All seals were broken, but the only part of the liquor stock stolen. Oe eee What Do You Know? A form of entertain- ment and a test of your | fund of general knowledge be- | | zine of the Post IMsepatch Ten gins today in the Daily Maga. questions are published. Do | vou know the answers? S8egin | today, and keep a daily average for vourseilf and yvour family The first instailment iit be found on page 52 (Daily Maga- vine Section) of this edition of a a a -'S5OST-DISPATCH NEW GOLD DISCOVERY. STIRS TONOPAH, NEV Sample From Secret Claim: of Two Boys Assays. at $78,000 a Ton. By the Associated Press. i TONOPAH, Nev., March 4.— With a rush across the desert in search of a ponauza expected, resi- dents of Tonopah and the surround- ing country kept within easy reach of their automobiies today in the hope that two boys who said they had made the big strike, would give away the secret of its location momentarily. Plans for the rush got under way yesterday when the two youths staggered into Tonopah under the weight of two sacks of gold ore which assayed $78,000 a ton. The boys, each 19 years old, and gons of a mining man, refused to tell where they had found the ore, but Tonopah went almost into hysterics at the news. All day nearly 100 autoists stood by their machines ready to dash away if anyone learned the secret. Pros- pectors followed the boys around the streets, and one man was said to have offered $1000 cash for the location of the mine. Mining engineers said that if the ore given the assayer was of the “free” variety, it came from Death Valley, famous fn the history of Gold in the West. teports around Tonopah said the boys had found free gold, but the youths kept their own counsel. The boys are Frank Horton Jr. and James Traynor. Horton Sr. was in Los Angeles yesterday, and the boys said they would keep the se- cret until he returned home, TWO HIGH SCHOOL STUDENTS END LIVES BY SHOOTING 16-Year-Old Boy at Washington Commits Suicide in Building Where Mother Teaches. By the Associated Press. WASHINGTON, March 4.—Her- ‘bert Willett, a 16-year-old student at Central High School, committed suicide in the corridor of the school building today by snooting him- self through the head with a pis- tol. The boy’s mother, a teacher in the school, was within hearing of the shot. She could give no mo- tive. Ry the Associated Press. OAKLAND, Cal., March 4.— Blakely Dales Farra, 15 years old, a high-school student here, com- mitted suicide last night by shoot- ing himself with a rifle. His moth- er ascribed his act to a mild re- proof for a “bad conduct” mark on his school report card. He left an incoherent note say- ing he had killed himeelf to save his mother and sister from humill- ation. VOTE ONGE 10 10 AGAINST FORMER ATTORNEVGENERAL Released on Anniversary of His Inauguration as Mem- ber of Late President Harding’s Cabinet. MILLER’S APPEAL COMES UP TUESDAY Penalty Two Years in Pris- on, $10,000 Fine—Juror No. 9 Held Colleagues in Session 70 Hours. By the Associated Press. NEW YORK, March 4. — The jury in the Daugherty-Miller trail at 11:25 a. m. today found former Alien Property Custodian Thomas W. Miller guilty of conspiracy, but disagreed on a verdict for former Attorney-General Harry M. Daugh. erty. Daugherty and Miller were charged with conspiracy to defraud the United States of their honest and unbiased services in allowing claims for $7.000.000 proceeds of the sale-of impounded American Metal Co. shares. The jury was out 70 hours and 15 minutes, haviiig reseivéd the case at 1:10 p. m. Tuesday. In the first trial of the case resulting !» a disagreement, the jury Was out a little moré than 65 hours, United States Attorney Buckner. after the verdict on Miller and the disagreement on Daugherty, asked Judge Knox to nolle pros#se the tn- dictment against Daugherty. The pcourt complied. ; Maximum sentence fn Miller's case is two years imprisonment and $10,000 fine. Aaron Sapiro. Miller’s counsel, said an appeal would be taken. | Miller sat quietly. The expres- sion on his face did not change. Mrs. Miller, who sat beside him. did not flinch. Later on, Miller said, “I'll beat themyet. ”’ Once 10 to 2 Against Da At one time, jurors said, they stood 10 to two for convicting Daugherty. Charlies Bosse, a metallurgist. who won some distinction In this case as “Juror No. 9," was one of the two voting to acquit Daugher- ty. The jury in the first trial was reported to have been seven io convict to five to acquit on Datich- erty, and on Miller 10 to convict against two to acquit. After the indictment against him had been nolle prossed. Daugherty, smilingly thanked the Court and the jurors. Judge Knox smiled in acknowledgment. Daugh- erty then left the court on the arm of his brother, Mal 8S. Daugherty. Washington Court House, 0O., banker. “Iam an innocent man,” Daugh- erty said, his voice breaking, even as he smiled. In a conference after the court was cleared, it was agreed that motions for a new trial for Miller would be made next Tuesday. Buckner Asked for Dismissal. Buckner then told the Court he had tried the case twice and would not try it a third time. He asked a nolle prosequi for Daugherty. Judge Knox said he felt Buckner was justified in bringing Daugherty to trial, as the evidence showed, and that he also was justified in asking for a nolle prosequl., Bail for Miller was continued pending appeal. It was set at $5000. Date of sentence will be arranged by counsel and Judge Knox. Jaror No. 8, Charlies Bosse, Juror No, 9, the member who held the jury together. Late iast night, after more than 68 hours of deliberations, the jury reported itself unable to agree ag to one of the defendants. When the jury was polled, Bosse told Judge John C. Knox he felt that agreement could be reached by longer con. sideration of the evidence, The other jurors seemed tess inclined to continue the struggle. Somewhat refreshed by sleep, Daugherty, who had felt the strain of the long wait for a result, ap- Continued on Page 3, Colume &

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