The New York Times, 24 October 1929, page 31

Scoring unit: news-nyt-warder. Joined pages use the same full output.

THE NEW YORK TIMES, THURSDAY, OCTOBER 24, 1929. ★★★★ 31

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# STATE SAYS WARDER GOT BRIBE IN PERSON

## Prosecutor Tells Jury Bank Head Received $10,000 From Ferrari Agent in Home.

## TRACES COURSE OF CASH

## Also Promises to Prove That Gratuity Won Immunity for Books of City Trust Co.

## DEFENSE SPEECH WITHHELD

### Former Aide of Accused Man on Stand Tells of Failure to Make Examinations.

Evidence that Frank H. Warder, former State Superintendent of Banks, took money directly from an agent of the late Francesco M. Ferrari, president of the defunct City Trust Company, was promised yesterday by Hiram C. Todd, Special Assistant District Attorney, in his opening address to the jury before which he is prosecuting Warder for accepting bribes.

In his brief address Mr. Todd also promised to show that the money was paid by Ferrari to prevent the examination of his banking affairs required by law.

During the day only one witness was examined, George W. Egbert, chief bank examiner, who told of being instructed by Warder to withhold examinations of the City Trust Company affairs. Defense counsel on cross-examination sought to lay the responsibility for any negligence upon Warder's subordinates.

Mr. Warder sat, suave and well groomed, at the counsel table with his attorney, James I. Cuff, during the opening address.

Mr. Todd went on to say that the indictment charges Warder with accepting $10,000 "in consideration of which as Superintendent of Banks charged with the duty by law to make examinations of a bank, to omit such examination in the Fall of 1928."

**Describes Transfer of Money.**

"The manner in which this bribe was taken," Mr. Todd continued, "was not the character of transaction that men do in the middle of Broadway in daylight. We will show you each step from the withdrawal of the money in the bank by a trusted lieutenant, its delivery to Ferrari's sick-bed—he was ill at the time—handed over in the presence of a second party in an unsealed envelope and then carried to the Riverside Drive residence of the defendant and there handed to this defendant, Frank H. Warder, and the defendant took it out and counted it in his presence."

Mr. Todd then sketched for the benefit of the jury the interrelations between the Harlem Bank of Commerce, the Atlantic State Bank and the City Trust Company, the final product of the mergers.

"Ferrari can be described," Mr. Todd continued, "as the super-salesman type, vivacious and cordial. He had the idea that any favors from the banking department could be purchased with money, as we shall show."

Mr. Cuff jumped to his feet at this juncture with a demand that a juror be withdrawn and a mistrial declared, which Justice Tompkins overruled.

To provide a motive for a bribe Mr. Todd said that he would show that the assets of the bank had been invested in securities and loans made, "not only of questionable but of no value." He said that loans were made to friends of Ferrari or to his corporations without even taking notes and described how the overdraft of the Ann Bew Realty Corporation, "grew from $30,000 to $30,000, $50,000, $60,000, $70,000, $90,000 and finally to more than $150,000."

Mr. Todd said that in addition to this specific evidence the State would bring witnesses to show dealings between Ferrari and Warder, during the course of years between Ferrari and Warder, but "there are so many of these incidents I am not giving the details of each payment of money to the defendant, Frank H. Warder."

**Defense Speech Withheld.**

Mr. Cuff refused to make any opening address to the jury. He wanted to reserve his opening until after the State's case had been presented, but was instructed by Justice Tompkins that he would have to make his opening then or not at all.

"I am standing on my constitutional privilege," Mr. Cuff said.

"Then you don't want to open?" inquired Justice Tompkins, who had explained the ruling. "Call the first witness."

Mr. Egbert, taking the stand, eyed his former chief, identified the record of examinations of the Ferrari banks in November, 1927, and November, 1928, and told again the story given in great detail of being ordered to withhold the examination of Ferrari's banks by Mr. Warder.

Shortly before the noon recess Mr. Egbert was turned over to Mr. Cuff for cross-examination. The line of defense became immediately apparent. Mr. Cuff obtained from the witness admissions that it was he who had assigned Samuel Rauch, the examiner in charge of the City Trust examinations, without instructions from Mr. Warder.

"When you selected him you had implicit confidence in him?" Mr. Cuff asked.

"I certainly did," Mr. Egbert replied.

Mr. Cuff then sought to show that on the basis of the figures in the examinations in both November, 1927, and in 1928 the bank was solvent, with capital and surplus unimpaired.

"Did Mr. Rauch report an impairment of the capital?" Mr. Cuff inquired.

"He did not," the witness replied.

Mr. Cuff showed by the figures of the report that with capital and surplus intact the bank would have had in round figures, $856,000 to pay claims.

**Traces Bank Reports.**

Mr. Cuff then traced the routine of bank reports to show that, unless an unusual situation developed, the report would not go to the superintendent immediately, but would be handled by the deputies, and that the disciplinary letter written to the institutions on the basis of the report would be prepared by a deputy superintendent and not seen by the superintendent until handed to him for his signature.

Mr. Egbert admitted that it was not unusual for a report of an examination not to mention violations of the banking law.

"They do not usually require drastic action? You write a disciplinary letter?"

"Yes, sir."

"Was that done with this report?"

"Yes."

"The banking superintendent must rely on the reports of his examiners?"

"Yes."

"Right."

Mr. Cuff then got the witness to admit that it was customary when a merger was in prospect to withhold the examination until the merger was finished and the bank settled to a regular routine. This was important because the merger of the Atlantic State Bank with the Harlem Bank of Commerce and the change to the City Trust Company took place at about the time the examination should have been made.

In the afternoon Mr. Cuff attacked the witness with excerpts of his testimony before the Moreland Commission and succeeded in tangling him up on the number of times he had talked to Mr. Warder about withholding the examination. Mr. Egbert appeared to contradict himself on his records of examinations, the full transcript was read, showing that he had been momentarily confused.

He accused Mr. Cuff's ire by explaining his testimony in the Moreland hearings by saying:

"I was being pinned down as to whether I had the conversation with Mr. Warder or he had it with me, and realizing his position I did not know whether to answer yes or no."

This reply was stricken from the record on Mr. Cuff's motion.

Margaret Kennedy, another bank examiner, will be the first witness today. Others waiting to be heard are Reginald W. Pawling, third deputy superintendent, and Roger F. Molloy, an examiner.

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## Sixth of Sing Sing Convicts Buy Newspaper Each Day

*Special to The New York Times.*

OSSINING, N. Y., Oct. 23.—One prisoner in every six quartered in Sing Sing Prison receives a daily newspaper by subscription, it was disclosed today by prison authorities. They said that 300 newspapers enter the prison every day of which sixty are tabloids and the rest standard size.

There are 1,938 prisoners in Sing Sing, but about 150 of these either are illiterate or cannot read English.

Each subscriber passes his newspaper around, so nearly all of the 1,800 prisoners who can read English see a newspaper frequently, although many of them lack funds to subscribe for one.

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# WYNNE SEES CANCER AS FEDERAL PROBLEM

## Tells Radio Audience Health Service of Government Is Best Fitted to Study Disease.

Although cancer is not a contagious disease, the riddle of its cause and means to its effective cure make it part of the general public health problem which must be dealt with by some governmental agency, Health Commissioner Shirley W. Wynne told radio listeners in his twenty-third health talk over Station WEAF yesterday.

"I look to the Public Health Service of the United States Government," Dr. Wynne said, "to establish a well-organized department of cancer research, following the commendable precedent set by certain European governments. Our Federal Government should apportion adequate funds for such a purpose. There is more benefit to be derived by such concentration on the problem from a government viewpoint than from a local handling of it, as the government's hygienic bureau is in a position to engage in such research on a large scale.

"The government of Sweden took the first step forward in the cancer problem some fifteen years ago when it purchased a large amount of radium and placed it under the direction of men competent to use the precious metal and study its effects. Both Norway and Denmark are rapidly following in Sweden's footsteps in meeting cancer as a public health problem. England is waking up too, and is beginning not only to realize the necessity of action in this serious situation, but to take definite action. In our own country the State of Massachusetts alone, has taken the initiative and made cancer a part of its public health program."

Dr. Wynne showed statistically that cancer was on the increase in this city, and urged early medical examination of all persons in whom the disease was thought to be latent.

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# FOREIGN LAW EXPERTS ARE CAPITAL GUESTS

## President and Mrs. Hoover to Be Among Hosts to Briarcliff Manor Institute Delegates.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—The foreign delegates at the recent meeting at Briarcliff Manor of the Institute of International Law, numbering twenty-four representatives of seventeen countries in Europe and South America, arrived in Washington this morning to find awaiting them a crowded program which will keep them constantly occupied until they leave for New York Saturday morning to sail on the America for their respective homes.

President and Mrs. Hoover will receive the delegates and the ladies of their families accompanying them on Friday afternoon at 5 o'clock, before and after which time they will be entertained by members of the diplomatic corps and by others.

Tonight dinners were given by the Belgian Ambassador and the Princess de Ligne, the Chilean Ambassador and Mme. Davila, the Minister of Switzerland and Mme. Peter and other members of the diplomatic corps for their respective nationals, all the delegates meeting again at the reception which followed the dinner at the Belgian Embassy.

Dr. James Brown Scott of the Carnegie Endowment and Mrs. Scott, who were in Europe to escort the delegate body to this country, will see their guests off for New York Saturday morning, to sail on the America for their respective homes. Dr. and Mrs. Scott will later the same evening for Havana to attend the meeting there next week of the governing board of the American Institute of International Law, of which Mr. Scott is president.

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# ATTACKS FALL PLEA FOR JURY SYMPATHY

## Government in Argument Says "Doheny Got the Lease, Secretary Got the Money."

## JURORS GET CASE TODAY

### Justice Hitz Will Make Charge This Morning in Naval Oil Lands Bribe Trial.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—The fate of Albert B. Fall, ex-Secretary of the Interior, now on trial in the criminal branch of the Supreme Court of the District of Columbia on the charge of having leased the Elk Hills Naval Oil Reserve to Edward L. Doheny in consideration of a bribe of $100,000, will be in the hands of the jury before noon tomorrow.

The arguments ended at 4 o'clock this afternoon, and Associate Justice Hitz will begin his charge to the jury at 10 o'clock tomorrow morning. The charge is not expected to last more than half an hour.

This, the final day of Fall's trial, again found the court room packed to capacity, while outside a hundred or more women sought in vain to gain entrance. The defense concluded its six hours of talking at noon and two hours later Owen J. Roberts of Philadelphia began the closing argument for conviction.

Mr. Roberts resorted to no theatricals. Instead, the government counsel, who needed only an hour and a half to sum up, talked to the jury in an ordinary conversational tone.

**Doheny Wanted Lease, Fall Money.**

Mr. Fall's physical condition, Mr. Roberts told the jury, was something that did not concern them in arriving at a decision as to his guilt or innocence. The court or the President is the agency charged with the exercise of clemency, where merited, not the jury," said Mr. Roberts.

"Appeals to your sympathies and prejudices have no place in this case," said Mr. Roberts. "It is all simple. There are four things of a controlling nature for you to remember. One is that Doheny wanted the lease of the Elk Hills. The second is, Fall wanted money. The third is, Doheny got the lease, and the fourth is, Fall got the money.

"Do not forget that this money from Doheny and the more than $269,000 Fall obtained from Sinclair is connected up with Fall's handling of property held in trust for you and for me and for all the people of the United States.

"This talk of a 'yellow peril,' this so-called 'Japanese war scare,' has nothing to do with the case. Neither has the claim that the Elk Hills Reservation was being drained. The only drainage in this case was from Doheny's to Fall's pocket.

**Refers to Sinclair Payment.**

"This talk of political persecution is only dust thrown up in the effort to obscure a very simple issue."

Mr. Roberts argued that the defense's claim that the Doheny payment was prior to any negotiations between Fall and Doheny would not stand the test of investigation. Admittedly accurate official documents in evidence prove the opposite to have been the case, declared Mr. Roberts.

"The money transactions of Fall and Sinclair, in which neither checks nor other evidences of payment or acquittance were made," said Mr. Roberts, must be taken into consideration as throwing light on the real basis of Fall's activities when a member of the Harding Cabinet.

The defense used up the morning session with more pleas for acquittal, the closing arguments being by Wilton J. Lambert of Washington and Mark Thompson of Phoenix, Ariz., the latter being Fall's personal counsel.

**Judge Limits Defense Plea.**

Mr. Thompson began with a plea for "two old men" who met forty-three years ago on "the deserts of the Southwest."

"One," said Mr. Thompson, "was a red-haired young man and the other a black-haired young fellow from Kentucky."

Justice Hitz interrupted and told the lawyer to stick to the evidence.

"The color of Mr. Doheny's hair is not in evidence," ruled Justice Hitz.

Mr. Lambert made the final argument for the defense and used up his time emphasizing that under the legal rule to convict a person of a crime guilt must be established beyond reasonable doubt.

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# GOV. ROOSEVELT CALLS SECOND PRISON PARLEY

## He Summons Experts to Meet in Albany, Nov. 11 on Program for Institutions.

*Special to The New York Times.*

ALBANY, Oct. 23.—Governor Roosevelt has called a second conference to study a program for correctional institutions of the State. The first one was held at the Governor's home in New York City on Sept. 12. The second will take place Nov. 11 in the executive chamber.

The Governor stated tonight that he had invited the following to attend:

Herbert H. Lehman, Lieutenant Governor.
Raymond F. C. Kieb, Commissioner of Correction.
Edwin O. Holter, president Prison Association of New York.
Dr. Hastings H. Hart, Russell Sage Foundation, New York City.
Charles D. Osborne, president National Society of Penal Information, Inc., Auburn.
Frederick A. Moran, executive director National Committee on Prisons and Prison Labor, New York City.
E. R. Cass, general secretary American Prison Association, New York City.
Caleb H. Baumes, chairman New York State Crime Commission, Newburgh.
B. Roger Wales, chairman subcommittee of Crime Commission on Correctional Institutions, Binghamton.
Seabury C. Mastick, chairman Senate Committee on Penal Institutions, Pleasantville.
Walter W. Westall, chairman Assembly Committee on Penal Institutions, Ossining.
John S. Kennedy, vice chairman State Correction Commission, New York City.
Mrs. Jane Hoey, member of the State Correction Commission.
Harry M. Kaiser, warden Clinton prison.
Lewis E. Lawes, warden Sing Sing Prison.
Dr. Frank L. Christian, superintendent Elmira State Reformatory.
Dr. Walter N. Thayer, superintendent Institution of Defective Delinquents.
Fred B. Mott, director National Crime Commission.
Austin MacCormick, New York City.
Edgar S. Jennings, warden Auburn prison.

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# Air Mail Here From Buenos Aires in 11 Days, Cutting 6 Days From Ship and Rail Time

Mail which left Buenos Aires eleven days before arrived in New York yesterday, coming all the way by air. It was the first air mail to be delivered at the New York post office under the recently signed contract between the Argentine Republic and Pan-American Airways. The planes cut approximately six days off steamer and rail time from the Argentine.

On Oct. 12 169 pounds of mail left the Buenos Aires postoffice. It was flown on that day across South America and over the Andes to Santiago, Chile, and thence up the west coast of South America to Cristobal. There the mail was turned over to Pan-American Airways and on Oct. 21, exactly on schedule, it was delivered to the postal authorities in Miami.

From Miami Pitcairn Aviation handled this first consignment and landed the mail at Hadley and Newark Airports yesterday morning at 3 o'clock.

Among the letters received in New York was one for Kent Cooper, general manager of The Associated Press, from Jorge Mitre, director of La Nacion, which said:

"The following lines will be forwarded to you by the first plane leaving this city in the newly established air service between your great country and the Argentine.

"It is a happy coincidence that this should occur on Columbus Day, the great holiday of the American, and it is my sincerest wish that it will serve in bringing together in closer intercourse both from a cultural and a business point of view the people of the New World, which, despite racial differences, have in common the same high ideals of two democracies desiring peaceful progress."

The air mail service between Miami and Buenos Aires will be operated weekly, the planes leaving Buenos Aires and Miami on Saturday. Air mail destined for the South American post office up to 6:30 o'clock Thursday evening will connect with the southbound Pan-American plane at Miami.

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# STRIKE IS AVERTED ON SUBWAY WORK

## Delaney Announces Union Will Await His Efforts to Bring About Settlement.

## HE CONFERS WITH LEADERS

### Meets Contractors Today to Arrange a Parley Between Them and Workers.

John H. Delaney, chairman of the Board of Transportation, announced yesterday that the threatened strike of subway construction workers had been averted pending efforts on his part to mediate between the subway contractors and the union. His announcement followed a two-hour conference with representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.

Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, it was announced. Efforts will be made at that time, it is understood, to lay the basis for a meeting between the representatives of the workmen and of the contractors to seek an agreement.

Arthur Johnson, president of the contractors' organization, promised Mr. Delaney that he would personally head the delegation from his group this afternoon. John McPartlan, secretary of the workers' union, and four organizers, James Lynch, John Moran, Hugh McGuire and Patrick Fleming, represented the union at the conference yesterday.

It is understood that the union has demanded recognition and an increase in wages of about one-third more than those paid now. For concrete workers, muckers and common laborers who now receive $1.80 a day, the union has asked $6.50; for drill runners it has asked $9.50, and for drill runners' helpers, $7.50 a day.

There are about 5,000 to 6,000 men, most of them unskilled workers, employed in subway work in the classifications over which the union claims jurisdiction. The union claims a membership of about 2,000 men among subway workers, but maintains that all "under-the-surface workers" come within its jurisdiction.

The organization, which is known as Compressed Air, Tunnel, Foundation and Sewer Workers Union of the American Federation of Labor, was formed recently by the merging of a number of individual unions into the Compressed Air Workers local, it was revealed yesterday.

It is understood that most of the conference yesterday between Mr. Delaney and the union leaders was devoted to the union's jurisdiction under its charter from the American Federation of Labor and also to the question of whether subway workers should be classified as skilled labor in different fields such as drill running and timber work.

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# FAVORS VAN LOON DIVORCE.

## Referee Hears Historian Is Now Living With Second Wife.

A divorce decree is to be granted the former Frances Goodrich, actress, from Hendrik W. Van Loon, historian and essayist, it was indicated yesterday at a referee's hearing in which it was testified that Mr. Van Loon, who has been married three times, is at present living in Holland with his second wife, the former Helen Criswell.

Mr. Van Loon's first wife was Elizabeth Bowditch of Boston, whom he married in 1906. His marriage to Miss Criswell, who was graduated from Bryn Mawr College in 1904, took place in 1920. He was divorced from Miss Criswell in 1927 and in October that year he married Miss Goodrich at Paterson, N. J.

Following testimony yesterday that Mr. Van Loon had left his third wife and was living with his second, Referee Burr directed Miss Goodrich's attorney to submit findings for a decree of divorce within ten days. When these findings have been signed and filed by the referee it is expected that the decree will be granted in the Supreme Court.

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> **READERS** are requested to notify The New York Times whenever they are unable to obtain a copy of this newspaper at any news stand at a reasonable hour.
>
> The Times almost invariably is sold out early in the day on city stands, or soon after its arrival in other cities. Newsdealers cannot return unsold copies, and order only to supply the usual demand. The Times wishes, of course, to see that a sufficient number of copies are available to serve all regular readers.

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# D. A. R. DEDICATES 'CONSTITUTION HALL'

## Third of the Headquarters Buildings in Washington Will House the Society's Library.

## BISHOP FREEMAN WARNS

### He Condemns Loyalty That Salutes Flag and Covertly Evades the National Laws.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—With impressive and colorful ceremonies, officers and members of the National Society of the Daughters of the American Revolution today join in consecrating "Constitution Hall," the third of its headquarters buildings in Washington, which houses the society's library and an auditorium with a seating capacity of 5,000.

The building was dedicated to the memory of the founders of the Republic by Bishop Freeman, in an address in which he congratulated the members of the society on the achievement in adding so beautiful a structure to the upbuilding of the capital.

He urged them, however, to remember that the public services of women, individually or through organizations, however valuable, were exceeded in importance by the service it was their peculiar privilege and duty to render in the home.

Americans, according to Bishop Freeman, are too prone to depend upon legislation and law-enforcing bodies to insure that respect for and obedience to law which is the product of early teaching and character building. Without home training, he told the assembled Daughters, laws are of little avail.

"Well does President Hoover remind us in forceful and well-considered language that no problem that confronts us or that so threatens to halt us in our progress is comparable to that which has to do with disregard for the sovereignty of law.

"There is a low-grade and all too widespread brand of patriotism that, on public occasions, shows conspicuous respect and reverence for the flag and loudly defends laws that lay no toll upon personal convenience or privilege, and yet ... and very ... evades those that are designed to serve the high ends of our moral and physical well-being.

"An expressed loyalty that will not yield obedience to what is the fundamental law of the land, even though that law may run directly adverse private interests and concerns, is a loyalty that makes no contribution to the ultimate weal and wealth of the State."

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# BRIDGE PLAYERS HOLD FOUR 13-CARD SUITS

## The One Chance in a Million Occurs in London—Cards Were Well Shuffled.

*Special Cable to THE NEW YORK TIMES.*

LONDON, Oct. 23.—The millionth chance of a freak hand in auction bridge occurred at the Carlton Hotel tonight when George du Cros dealt to himself thirteen diamonds, to Sir Charles Sykes on his left thirteen spades, to Sir Charles Mandelberg, his partner, thirteen clubs, and to A. G. Rossiter, thirteen hearts.

Mr. du Cros immediately laid down his cards, asking "What can you do against this?" Sir Charles said: "Keep your cards up," whereupon the other players laid down their cards, exclaiming: "We've got thirteen cards of a suit also."

Sir Charles declares that he shuffled the pack six or seven times before Mr. du Cros took the deal.

"Mr. du Cros also shuffled before Mr. Rossiter," he said. "I, of course, told Mr. du Cros to pick up his cards because I saw that I had the winning hand. It is freakish, if you like, but they paid on my holding thirteen spades, which is seven tricks in spades and unbeatable."

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# TWO CLIENTS SLAY PATENT ATTORNEY

## Brothers Shoot A. L. Applebaum in His Office and Are Seized After Hard Struggle.

## ADMIT PLOTTING THE CRIME

### Tell Police They Were Enraged by Victim's Delay in Getting Action on Marine Bicycle Invention.

Two shoemakers who deserted their lasts to attempt the invention of a marine bicycle admitted to Assistant District Attorney John J. Greene last night that they had carried out earlier in the day their prearranged plan to kill Aaron L. Applebaum, patent attorney, in his office at 41 Park Row, if he told them again that their application for a patent had been rejected. Applebaum was shot twice in the head, once in the hand, and severely beaten after he had fallen to the floor, mortally wounded by the bullets.

The slayers are Pietro and Leonardo Danna, brothers, 42 and 38 years old respectively, of 144 Roebling Street, Brooklyn. Pietro admitted having fired the shots, and both confessed that they had beaten the fallen man and also that the murder was in accordance with an agreement reached between themselves on Tuesday evening. They were held without bail on a charge of homicide.

**Attorney Aids Capture.**

The prompt capture of the Danna brothers was made possible by the courage and quick action of George McCausland, an attorney, who with Applebaum and Lawrence C. French occupied a suite of offices on the ninth floor at the Park Row address.

Mr. McCausland, hearing the shots, and seeing the prone body of Mr. Applebaum and the Dannas bending over him and beating him, attacked the Dannas first with an electric fan and later with an armchair.

The two brothers were arrested on the ninth floor of the building shortly afterward by Patrolman John Ryan after a hard fight in which he was assisted by Joseph Staina, elevator starter, and Russell C. O'Brien, 18 years old, an employe of the Board of Estimate and Apportionment. A crowd gathered in the ninth floor hallway witnessed the struggle, during which Ryan's revolver was once accidentally discharged.

Commissioner Whalen went to the scene as soon as he had heard of the shooting and led the investigation, aided by Chief Inspector John O'Brien and Deputy Chief Inspector Edward J. Mulrooney. Detectives and reserves were sent from the Oak Street station. According to Commissioner Whalen, Assistant District Attorney Greene and others, here is what happened was this:

The Dannas, having tried in vain for seven months to get their device patented with the aid of Mr. Applebaum, had grown suspicious and had accused him of deliberately putting them off. They said they called on Mr. Applebaum daily for the last two weeks and had finally agreed they would wait for him to put them off again. Accordingly, Pietro Danna armed himself with a .38-calibre pistol and the two brothers paid their customary call on the patent lawyer shortly before eleven o'clock yesterday morning.

Mr. Applebaum occupied one of the three small, partitioned-off offices in the suite, the doors of all of which open on a general reception room. The Dannas were in this reception room when the attorney went out to meet them. A brief argument ensued. It was pointed out that, had the Dannas understood English better, or had Mr. Applebaum been able to explain the true situation to them in Italian, the murder might not have occurred.

Although Mr. Applebaum had told others in the office that he had been having trouble with the Dannas over their device, apparently no one had noticed that anything unusual was going on until shots were heard. Pietro is said to have admitted he drew his pistol and fired three times. Either of the two shots that struck Applebaum in the head would have been sufficient to cause death, the examining surgeon said. The bullet that pierced Mr. Applebaum's hand was said to have been fired after he had died. He is believed to have been dead while the Dannas were beating him.

When he heard the shots, Mr. McCausland rushed into the reception room. In his own language, he "saw red" when he beheld the two men pummelling the prostrate body. Into the partition in front of his office was an electric fan. He snatched this up and attacked the brothers with it, cutting them about the head, despite the fact that Pietro had the pistol in his hand which still held five fresh cartridges. He did not know that he had reloaded after shooting Applebaum to death.

Throwing the fan at the brothers, Mr. McCausland picked up an armchair and attacked them with that. After a few blows the armchair broke and McCausland rushed out of the office.

When Joseph Staina of Bellmore, L. I., the elevator starter, heard the shooting, he started up to one of the elevators and, at the ninth floor, took on Patrolman Ryan, who chanced to be in the building. When they reached the ninth floor they found Russell O'Brien who also had heard the shooting and had come to help.

When the car stopped and the patrolman and starter got off, the Danna brothers were standing in the hallway just outside the door of Mr. Applebaum's office.

**Brothers Attack Policeman.**

Ryan demanded Pietro's pistol. Both Pietro and his brother Leonardo leaped upon the patrolman. Staina and young O'Brien joined the fray and McCausland, returning, aided the officer and the two others.

The Dannas bit the hands of O'Brien and Staina painfully, but not seriously. They received numerous blows in return. The accidental discharge of Ryan's revolver seemed to have some effect upon them, as they were soon afterward subdued.

Commissioner Whalen thanked the three men for their aid in subduing the Dannas, and said, later, after the brothers had been questioned at length and others had been interrogated about the occurrence, that Mr. Applebaum had been murdered cold-bloodedly and as a result of premeditation.

Mr. Applebaum was 39 years old, married and the father of four children, the youngest of whom is only 11 months old. He lived at 611 Eighty-second Street, Brooklyn.

Mrs. Applebaum said her husband had been worried for some time about the threats of the Danna brothers. She collapsed when told that her husband had been killed.

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## As Will Rogers Looks Upon The New York City Campaign

*To the Editor of The New York Times:*

They are soon to have a city election here in New York City, and there is no more use getting excited over the outcome of it than you should over the outcome of a Presidential election, only the case is exactly reversed.

A Democrat can't win nationally because he runs out of Democrats too soon, and a Republican can't even get a base on balls in this city because Republicans are too scarce. Then you can always leave it to a minority party, in any campaign, to split and run everybody they can think of.

So Jimmy Walker will win by perhaps the biggest majority of any candidate in years, and will then kick himself for getting up at 9:30 and 10 o'clock in the morning to make speeches.

If he even changes spats for this election he will be wasting time. Yours,

WILL ROGERS.

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# FIVE NEW SCHOOLS TO BE BUILT BY CITY

## Board of Education Lets Contracts for Bronx and Brooklyn Institutions.

## WILL COST $1,060,000

### New Buildings Will Seat 1,600 Pupils Each—Plans Are Approved for Others.

The Board of Education voted yesterday afternoon at its semi-monthly meeting to give the school system five new buildings. Contracts were awarded for the construction of two buildings, and plans were approved for the erection of three more.

The new Public School 105 will be constructed on Brady Avenue, near Holland Avenue, the Bronx, by the Sound View Building Corporation at a cost to the city of $534,000. The school will have 1,600 seats.

The D. M. W. Contracting Company will erect Public School 230 at Albemarle Road, near Dahill Road, in Brooklyn, for $526,000. The new building will provide accommodations for 1,646 pupils.

Plans were approved for the construction of the new Walton High School at 196th Street and Reservoir Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats. The board plans to construct a new building for Public School 102 in the Bronx and for Public School 106 in Queens at an estimated cost of $900,000. The new buildings will increase the school capacity by 2,100.

The board also approved contracts totaling $113,545 for mechanical equipment for the new Public School 230 in Brooklyn.

On the recommendation of the board of superintendents, Joachim Scopes was named principal of Public School 93 and George D. Lewis of Public School 93, both in the Bronx.

The board received a communication from the superintendents announcing the establishment of 32 additional short-time classes. Short-time classes will be increased in Public Schools 21 and 41, the Bronx; 114, Brooklyn, and 96, 136 and 122, Queens. Public School 80, the Bronx, will establish two short-time classes due to overcrowding.

The board approved the selection of a site for a school in the Canarsie section in Brooklyn and of playground space for Public School 21, Manhattan.

---

# BUDGET PROBLEMS BALK SCHOOL GROUP

## Retardation Committee Finds Itself Overloaded by Five 'Referred' Questions.

The practice of the budget committee of the Board of Education of disposing of requests for the extension or establishment of various educational services by referring them to a committee appointed to study the special problem of retardation proved a boomerang yesterday. The board was informed at its regular meeting by Superintendent William J. O'Shea that the retardation study committee is finding it impossible to study thoroughly five of the eight questions propounded by the budget committee last Summer.

Associate Superintendent Margaret McCooey is chairman of the group appointed last June to report on "retardation, truancy and problems of conduct and personality." Later, when the budget committees, headed by Commissioner Arthur S. Somers, was finding difficulty in granting requests for additional special teachers and various other school services, they were referred to Miss McCooey's committee. The problems submitted are so varied and difficult, however, that the committee realized it could not do justice to them. Dr. O'Shea said officials that it said that a competent specialists' committee would be needed for an intelligent report on almost any one of the problems submitted to Miss McCooey.

Dr. O'Shea asked the board to permit him to appoint additional committees to study each of the problems, but the request was withdrawn from the calendar at the last moment. However, the superintendent said he was going to make the new appointments soon.

The problems to be reassigned are the questions of the need for additional teachers of drawing, music, sewing and health; teachers of bookmaking and shopwork; a Summer evening secondary school, adult illiteracy and restrictions on the per capita on eligibility lists.

---

# SAVES BOY FROM CHAIR.

## Pennsylvania Board Commutes Harvey Feathers's Death Sentence.

HARRISBURG, Pa., Oct. 23 (AP).—The State Board of Pardons today commuted the death sentence of Harvey Feathers, 17-year-old Bedford County slayer, to life imprisonment.

Feathers was sentenced to die in the electric chair Oct. 28 for the murder of Houston Croyle, Greenfield Township, Blair County, dairyman. Feathers' brother, Willis, a deaf mute, was given life imprisonment.

---

# L. W. SEAMAN LEFT CHARITIES $5,000,000

## Broker's Will Divides More Than $1,000,000 Among Thirteen Relatives and Friends.

## RESIDUE PLACED IN TRUST

### From It Executors Will Make Further Gifts to Charity Put at More Than $2,000,000.

## ONE BEQUEST EXPLAINED

### Stay in Roosevelt Hospital After Injury Brought Knowledge of Its Needs to Financier.

Lloyd W. Seaman, retired stock broker, who died Sunday at Roosevelt Hospital, left more than $5,000,000 to New York City charities, it was disclosed yesterday when his will was filed for probate. Slightly more than $1,000,000 is to be divided among thirteen relatives and friends, while specific charitable bequests total $2,250,000. The residuary estate is left in trust for charities in the city to be selected by the executors, and from this fund, it was estimated yesterday, will certainly exceed $2,000,000, and possibly will exceed $3,000,000.

Mr. Seaman was a member of an old New York family and had lived in retirement at his home in the Apthorp Apartments, Broadway and Seventy-ninth Street, for two decades. Prior to that time he was a member of the former New York Stock Exchange house of Chapman & Seaman. His closest surviving relative is a sister, Mrs. Ruth Seaman Woodworth of Redlands, Cal.

**Executors Have Free Hand.**

The trust established by Mr. Seaman to supplement the total of specific bequests of $4,290,000 have been paid. Bern Budd, of counsel for the executors, said yesterday that it was impossible to give a rough estimate of the probable amount of this residue.

Other than that the charities selected shall be in New York City, the executors, who are former Federal Judge Francis A. Winslow of Yonkers; Mr. Joseph D. Godfrey of Greenlawn, L. I., who handled Mr. Seaman's business affairs for many years, and the Guaranty Trust Company, are given a free hand in administering the trust.

Of the specific charitable bequests, the largest are of $1,000,000 each to the Salvation Army, "to be devoted to its religious, charitable and missionary work"; to Roosevelt Hospital, "for medical treatment of the sick poor"; and to the Charity Organization Society, "for the relief of the poor." St. John's Guild of New York receives $100,000, as a memorial to Mr. Seaman's father, and St. John's Riverside Hospital, in Yonkers, receives $50,000 as a memorial to his mother. A bequest of $100,000 is made also to the Manhattan Eye and Ear Hospital.

**Accident Brought Contact.**

Mr. Seaman contributed regularly during his lifetime to all the institutions named in his will, with the exception of Roosevelt Hospital, according to Mr. Budd. His first contact there was in January, 1925, when he was injured in an accident, and Mr. Budd said yesterday that he believed his experience at that time was what persuaded him to make the bequest.

He was crossing Broadway at Seventy-ninth Street to go to his home in the Apthorp Apartments, Mr. Budd said, "when he was hit by a Broadway surface car. He was taken to the Roosevelt Hospital, where his leg was amputated. While there he learned of the work done by this institution among the city's unfortunates."

The trust fund is established by the twentieth clause of the will, which reads as follows:

"All of the rest, residue and remainder of my estate, if any, and of every nature, nature or description, I give, devise and bequeath to my executors hereinafter named, in trust nevertheless, and with the power to distribute the same for the purposes and purposes following, that is to say: to the said executors shall select such worthy charities, incorporated or otherwise, in the city of New York, as in their discretion and judgment shall seem proper, and shall divide the said residue among such charities and in such proportions and amounts as to my said executors shall seem proper."

The bequests to relatives and friends, in the order in which they appear in the will, are as follows:

MARY HARPER BACKFELL, a cousin, of Ripley, N. Y., $100,000.
JOSEPH D. GODFREY, executor and business associate, $100,000.
Mrs. RUTH SEAMAN WOODWORTH, sister, $100,000.
ANNIE SCHLEY VOIGHT, a cousin, of Washington, D. C., $100,000.
ELEANOR FITCH, a cousin, Rochester, N. Y., $100,000.
HEWLETT P. SEAMAN, a cousin, 81 South Walnut Street, East Orange, N. J., $100,000.
LLOYD L. SEAMAN, a cousin, Greenwood Lake, N. Y., $40,000.
CLARENCE SEAMAN, 209 Summit Av., Summit, N. J., $40,000.
HAROLD SEAMAN, a cousin, 34 North Fullerton Street, East Orange, N. J., $40,000.
WOODRUFF SMITH, a boyhood friend, of Yonkers, $10,000.
Mrs. ANNA RUTH SUTHERLAND, a cousin, of Crimson Street, Canandaigua, N. Y., $10,000.
Dr. ROBERT G. ADAMS, personal physician who lives at the New York Weston, 34 East Fiftieth Street, $50,000.
MINNIE MARANDEN, a cousin, Park Av., Canandaigua, N. Y., $10,000.

The will was made Oct. 2, just fourteen days before Mr. Seaman died. At that time it was believed that he would recover. Mr. Seaman was 83 and still at his home at the Apthorp Apartments at the time, and although he was a semi-invalid as a result of the loss of his leg, he was well up to the last time. Practically the entire estate, Mr. Budd said, is in securities.

**Bishop Fallon Is Much Improved.**

LONDON, Ont., Oct. 23 (Canadian Press).—The Right Rev. M. F. Fallon, Bishop of the Roman Catholic diocese of London, seemed today to be gradually recovering from the relapse of his illness which it was feared might prove fatal. He is still weak, the official report said, but he had a good night and is bright and cheerful.

**Rev. G. A. Gordon Critically Ill.**

BROOKLINE, Mass., Oct. 23 (AP).—The Rev. George A. Gordon, pastor of the Old South Church in Boston for forty-five years, was in a critical condition at his home here today after a paralytic stroke last Friday. He is 76 years old.

Scoring unit: news-nyt-warder. Joined pages use the same full output.

THE NEW YORK TIMES, THURSDAY, OCTOBER 24, 1929.  **** 31

## STATE SAYS WARDER GOT BRIBE IN PERSON

### Prosecutor Tells Jury Bank Head Received $10,000 From Ferrari Agent in Home.

### TRACES COURSE OF CASH

### Also Promises to Prove That Gratuity Won Immunity for Books of City Trust Co.

### DEFENSE SPEECH WITHHELD

### Former Aide of Accused Man on Stand Tells of Failure to Make Examinations.

Evidence that Frank H. Warder, former State Superintendent of Banks, took money directly from an agent of the late Francesco M. Ferrari, president of the defunct City Trust Company, was promised yesterday by Hiram C. Todd, Special Assistant District Attorney, in his opening address to the jury before which he is prosecuting Warder for accepting bribes.

In his brief address Mr. Todd also promised to show that the money was paid by Ferrari to prevent the examination of his banking affairs required by law.

During the day only one witness was examined, George W. Egbert, chief bank examiner, who told of being instructed by Warder to withhold examinations of the City Trust Company affairs. Defense counsel in cross-examination sought to lay the responsibility for any negligence upon Warder’s subordinates.

Mr. Warder sat, suave and well groomed, at the counsel table with his attorney, James I. Cuff, during the opening address.

Mr. Todd went on to say that the indictment charges Warder with accepting $10,000 “in consideration of which as Superintendent of Banks charged with the duty by law to make examinations of a bank, to omit such examination in the Fall of 1928.”

### Describes Transfer of Money.

“The manner in which this bribe was taken,” Mr. Todd continued, “was not the character of transaction that men do in the middle of Broadway in daylight. We will show you each step from the withdrawal of the money in the bank by a trusted lieutenant, its delivery to Ferrari’s sick-bed—he was ill at the time—handed over in the presence of a second party in an unusual envelope and then carried to the Riverside Drive residence of the defendant and there handed to this defendant, Frank H. Warder, and the defendant took it out and counted it in his presence.”

Mr. Todd then sketched for the benefit of the jury the interrelations between the Harlem Bank of Commerce, the Atlantic State Bank and the City Trust Company, the final product of the mergers.

“Ferrari can be described,” Mr. Todd continued, “as the super-salesman type, vivacious and cordial. He had the idea that any favors from the banking department could be purchased with money, as we shall show.

Mr. Cuff jumped to his feet at this juncture with a demand that a juror be withdrawn and a mistrial declared, which Justice Tompkins overruled.

To provide a motive for a bribe Mr. Todd said that he would show that the assets of the bank had been invested in securities and loans made, “not only of questionable but of no value.” He said that loans were made to friends of Ferrari or to the corporations without even taking notes and described how the overdraft of the Ann Ryan Realty Corporation grew from $2,000 to $30,000, $50,000, $60,000, $70,000, $100,000, and finally to more than $150,000.

Mr. Todd said that in addition to this specific evidence the State would bring witnesses to show dealings through the course of years between Ferrari and Warder, but “there are so many of these incidents I am not giving the details of each payment of money to the defendant, Frank H. Warder.”

### Defense Speech Withheld.

Mr. Cuff refused to make any opening address to the jury. He wanted to reserve his opening until after the State’s case had been presented, but was instructed by Justice Tompkins that he would have to make his opening then or not at all.

“I am standing on my constitutional privilege,” Mr. Cuff said.

“Then you don’t want to open?” inquired Justice Tompkins, who had explained the ruling. “Call the first witness.”

Mr. Egbert, taking the stand, eyed his former chief, identified the records of examinations of the Ferry bank in November, 1927, and November, 1928, and told again the story he told to the Moreland Commission in great detail of being ordered to withhold the examination of Ferrari’s banks by Mr. Warder.

Shortly before the noon recess Mr. Egbert was turned over to Mr. Cuff for cross-examination. The line of defense became immediately apparent. Mr. Cuff obtained from the witness admissions that it was he who had assigned Samuel Rauch, the examiner in charge of the City Trust examinations, without instructions from Mr. Warder.

“Then you selected him—you had implicit confidence in him?” Mr. Cuff asked.

“I certainly did,” Mr. Egbert replied.

Mr. Cuff then sought to show that on the basis of the figures in the examinations in both November, 1927, and in 1928 the bank was solvent, with capital and surplus unimpaired.

“Did Mr. Rauch report an impairment of the capital?” Mr. Cuff inquired.

“He did not,” the witness replied.

Mr. Cuff showed by the figures of the report that with capital and surplus intact the bank would have had an annual figures, $865,000 in bad claims.

### Traces Bank Reports.

Mr. Cuff then traced the routine of bank reports to show that, unless an unusual situation developed, the report would not go to the superintendent immediately, but would be handled by the deputies, and that the disciplinary letter written to the institutions on the basis of the report would be prepared by a deputy superintendent and not seen by the superintendent until handed to him for his signature.

Mr. Egbert admitted that it was not unusual for a report of an examination not to mention violations of the banking law.

“They do not usually require discipline? You write a disciplinary letter?”

“Yes, sir.”

“Was that done with this report?”

“Yes.”

The banking superintendent must rely on the reports of his examiners?”

“Right.”

Mr. Cuff then got the witness to admit that it was customary when a merger was in prospect to withhold the examination until the merger was finished and the bank settled to a regular routine. This was important because the merger of the Atlantic State Bank with the Harlem Bank of Commerce and the change to the City Trust Company took place at about the time the examination should have been made.

In the afternoon Mr. Cuff attacked the witness with excerpts of his testimony before the Moreland Commission and succeeded in tangling him up on the number of times he had talked to Mr. Warder about withholding the examination. Mr. Egbert appeared to contradict himself until, on redirect examination, the full transcript was read, showing that he had been momentarily confused.

He accused Mr. Cuff’s ire by explaining his testimony in the Moreland hearing by saying:

“I was being pinned down as to whether I had the conversation with Mr. Warder or he had it with me, and realizing his position I did not know whether to answer yes or no.”

This reply was stricken from the record on Mr. Cuff’s motion.

Margaret Kennedy, another bank examiner, will be the first witness today. Others waiting to be heard are Reginald W. Pawling, third deputy superintendent, and W. Waldo Huyck, an examiner.

## Sixth of Sing Sing Convicts Buy Newspaper Each Day

*Special to The New York Times.*

OSSINING, N. Y., Oct. 23.—One prisoner in every six quartered in Sing Sing Prison receives a daily newspaper regularly, it was disclosed today by prison authorities. They said that 300 newspapers enter the prison every day of which sixty are tabloids and the rest standard size.

There are 1,958 prisoners in Sing Sing, but about 150 of these either are illiterate or cannot read English.

Each subscriber passes his newspaper around, so nearly all of the 1,800 prisoners who can read English see a newspaper frequently, although many of them lack funds to subscribe for one.

## WYNNE SEES CANCER AS FEDERAL PROBLEM

### Tells Radio Audience Health Service of Government Is Best Fitted to Study Disease.

Although cancer is not a contagious disease, the riddle of its cause and means to its effective cure make it part of the general public health problem which must be dealt with by the government agency, Health Commissioner Shirley W. Wynne told radio listeners in his twenty-third health talk over Station WEAF yesterday.

“I look to the Public Health Service of the United States Government,” Dr. Wynne said, “to establish a well-organized department of cancer research, following the commendable precedent set by certain European governments. Our Federal Government should apportion adequate funds for such a purpose. There is more benefit to be derived by such concentration on the problem from a governmental viewpoint than from a most hambling of it, for the government’s hygienic bureau is in a position to engage in such research on a large scale.”

The government of Sweden took the first step forward in the cancer problem some fifteen years ago when it purchased a large amount of radium and placed it under the direction of men competent to use the facilities. Germany today is effectively following and Denmark are represented by Norway in Sweden’s footsteps in meeting cancer as a public health problem. England is waking up her consciousness in beginning to realize the necessity of action in this serious situation, but to take definite action, in our own country each State of Massachusetts alone, has taken the initiative and made cancer, a part of its public health program.”

Dr. Wynne showed statistically that cancer was on the increase in this city, and urged early medical examination in all cases in which the disease was thought to be present.

## FOREIGN LAW EXPERTS ARE CAPITAL GUESTS

### President and Mrs. Hoover to Be Among Hosts to Briarcliff Manor Institute Delegates.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—The Foreign delegates at the recent meeting at Briarcliff Manor of the Institute of International Law, numbering ninety and representing nearly every country in Europe and South America, arrived in Washington this morning to find awaiting them a crowded program which will keep them constantly occupied until they leave for New York Saturday morning to sail on the America for their respective homes.

President and Mrs. Hoover will receive the delegates and the ladies of their families accompanying them on Friday afternoon at 5 o’clock, before and after which time they will be entertained by members of the diplomatic corps and by others.

Tonight dinners were given by the Belgian Ambassador and the Prince de Ligne, the Chilean Ambassador and Mme. Davila, the Minister of Switzerland and Mme. Peter and other members of the diplomatic corps for their respective nationals, and the delegates meeting again at the reception being followed the dinner at the Belgian Embassy.

Dr. James Brown Scott of the Carnegie Endowment and Mrs. Scott, who went to Europe to escort the delegate body to this country, will see their guests off for New York Saturday morning, to sail on the America for their respective homes.

Dr. and Mrs. Scott will leave the same evening for Havana to attend the meeting there next week of the governing board of the American Institute of International Law, of which Mr. Scott is president.

## ATTACKS FALL PLEA FOR JURY SYMPATHY

### Government in Argument Says “Doheny Got the Lease, Secretary Got the Money.”

### JURORS GET CASE TODAY

### Justice Hitz Will Make Charge This Morning in Naval Oil Lands Bribe Trial.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—The fate of Albert B. Fall, ex-Secretary of the Interior, now on trial in the criminal branch of the Supreme Court of the District of Columbia on the charge of having leased the Elk Hills Naval Oil Reserve to Edward L. Doheny in consideration of a bribe of $100,000, will be in the hands of the jury before noon tomorrow.

The arguments ended at 4 o’clock this afternoon, and Associate Justice Hitz will begin his charge to the jury at 10 o’clock tomorrow morning. The charge is not expected to last more than half an hour.

This, the final day of Fall’s trial, again found the court room packed to capacity, while outside a hundred or more women sought in vain to gain entrance. The defense concluded its six hours of talking at noon and two hours later Owen J. Roberts of Philadelphia began the closing argument for conviction.

Mr. Roberts resorted to no theatricals. Instead, the government counsel, who needed only an hour and a half to sum up, talked to the jury in an ordinary conversational tone.

### Doheny Wanted Lease, Fall Money.

Mr. Fall’s physical condition, Mr. Roberts told the jury, was something that did not concern them in arriving at a decision as to his guilt or innocence. The court or the President is the agency charged with the exercise of clemency, where merited, not the jury,” said Mr. Roberts.

“Appeals to your sympathies and prejudices have no place in this case,” said Mr. Roberts. “It is all simple. There are four things uncontroverted matter for you to remember. One is that Doheny wanted the lease of the Elk Hills. The second is, Fall wanted money. The third is, Doheny got the lease, and the fourth is, Fall got the money.

“Do not forget that this money from Doheny and the more than $269,000 Fall obtained from Sinclair is connected up with Fall’s handling of property held in trust for you and for me and for all the people of the United States.

“This talk of a ‘yellow peril,’ this so-called Japanese ‘war scare,’ has nothing to do with the case. Neither has the claim that the Elk Hills Reservation was being drained. The only drainage in this case was from Doheny’s to Fall’s pocket.

### Refers to Sinclair Payment.

“This talk of political persecution is only dust thrown up in the effort to obscure a very simple issue.”

Mr. Roberts argued that the defense’s claim that the Doheny payment was prior to any negotiations between Fall and Doheny would not stand the test of investigation. Admittedly accurate official documents in evidence prove the opposite to have been the case, declared Mr. Roberts.

The money transactions of Fall and Sinclair, in which neither checks nor other evidences of payment or security exist, added Mr. Roberts, must be taken into consideration as throwing light on the real basis of Fall’s activities when a member of the Harding Cabinet.

The defense used up the morning session with more pleas for acquittal, the closing arguments being by Wilton J. Lambert of Washington and Mark Thompson of Phoenix, Ariz., the latter being Fall’s personal counsel.

### Judge Limits Defense Plea.

Mr. Thompson began with a plea for “two old men” who met forty-three years ago on “the deserts of the Southwest.”

“One,” said Mr. Thompson, “was a red-haired young man, the other a black-haired young fellow from Kentucky.”

Justice Hitz interrupted and told the lawyer to stick to the evidence.

“The color of Mr. Doheny’s hair is not in evidence,” ruled Justice Hitz.

Mr. Lambert made the final argument for the defense and used up his time emphasizing that under the legal rule to convict a person of a crime guilt must be established beyond reasonable doubt.

## GOV. ROOSEVELT CALLS SECOND PRISON PARLEY

### He Summons Experts to Meet in Albany, Nov. 11 on Program for Institutions.

*Special to The New York Times.*

ALBANY, Oct. 23.—Governor Roosevelt has called a second conference to study a program for correctional institutions of the State. The first one was held at the Governor’s home in New York City on Sept. 12. The second will take place on Nov. 11 in the executive chamber.

The Governor stated tonight that he had invited the following to attend:

Herbert H. Lehman, Lieutenant Governor.

Raymond F. C. Kieb, Commissioner of Correction.

William J. Millard, president Prison Association of New York.

E. Stagg Whitin, Hart, Russell Sage Foundation, New York City.

Harry Elmer Barnes, president National Society of Penal Information, New York.

Adelbert L. Crabtree, president National Committee on Prisons and Prison Labor, New York City.

J. H. Casey, general secretary American Prison Association, New York City.

John H. Lawes, chairman New York City Crime Commission, New York.

George W. Alger, chairman commission of Prison Commissioners on Correctional Administration, Sing Sing.

Thomas C. Brown, chairman Senate Committee on Penal Institutions, Schenectady.

Silas Seelye, chairman Assembly Committee on Penal Institutions, Ossining.

F. B. H. Spence, vice chairman State Commission on Prisons, New York City.

Mrs. Jane Ives, member of the State Commission on Correction.

Mary M. Conway, welfare district parole.

Lillian Wald, worker, Grand Meadow prison.

Mrs. R. L. Owen, warden Sing Sing Prison.

Dr. Frank L. Christian, superintendent Elmira State Reformatory.

Dr. Walter N. Thayer, superintendent Institutions of Defective Delinquents.

Christian J. Maher, superintendent Superintendent of Prisons Commission.

Adella J. Gannon, New York City.

George A. Hastings, welfare planner, Albany.

## Air Mail Here From Buenos Aires in 11 Days, Cutting 6 Days From Ship and Rail Time

Mail which left Buenos Aires eleven days before arrived in New York yesterday, coming all the way by air. It was the first air mail to be delivered at the New York postoffice under the recently signed contract between the Argentine Republic and Pan-American Airways. The planes cut approximately six days off steamer and rail time from the Argentine.

On Oct. 12 169 pounds of mail left the Buenos Aires postoffice. It was flown on that day across South America and over the Andes to Santiago, Chile, and thence up the west coast of South America to Cristobal. There the mail was turned over to Pan-American Airways and on Oct. 21, exactly on schedule, it was delivered to the postal authorities in Miami.

From Miami Pitcairn Aviation handled this first consignment and landed the mail at Hadley and Newark Airports yesterday morning at 5 o’clock.

Among the letters received in New York was one for Kent Cooper, general manager of The Associated Press, from Jorge Mitre, director of La Nacion, which said:

“The following lines will be forwarded to you by the first plane leaving this city in the newly established air service between your great country and the Argentine.

“It is a happy coincidence that this should occur on Columbus Day, the great holiday of the Americas, and it is my sincerest wish that it will serve in bringing together in closer intercourse both from a cultural and a business point of view the people of the New World, which, despite racial differences, have in common the same high ideals of two democracies desiring peaceful progress.”

The air mail service between Miami and Buenos Aires will be operated weekly, the planes leaving Buenos Aires and Miami on Saturdays. Air mail posted in the New York general post office up to 6:30 o’clock Thursday evening will connect with the southbound Pan-American plane at Miami.

## STRIKE IS AVERTED ON SUBWAY WORK

### Delaney Announces Union Will Await His Efforts to Bring About Settlement.

### HE CONFERS WITH LEADERS

### Meets Contractors Today to Arrange a Parley Between Them and Workers.

John H. Delaney, chairman of the Board of Transportation, announced yesterday that the threatened strike of subway construction workers had been averted pending efforts on his part to mediate between the subway contractors and the union. His announcement followed a two-hour conference with representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.

Mr. Delaney will confer this afternoon with a delegation from the General Contractors’ Association, which will include all of the contractors now engaged in subway construction, it was announced. Efforts will be made at that time, it is understood, to lay the basis for a meeting between the representatives of the workmen and of the contractors to seek an agreement.

Arthur Johnson, president of the contractors’ organization, promised Mr. Delaney that he would personally head the delegation from his group this afternoon. John McPartlin, secretary of the workers’ union, and four organizers, James Lynch, John Morgan, Hugh McGuire and Patrick Fleming, represented the union at the conference yesterday.

It is understood that the union has demanded recognition and an increase in wages of about one-third over the present scale now. For concrete workers, muckers and common laborers who now receive $4.80 a day, the union has asked $6.50; for drill runners it has asked $9.50, and for drill runners’ helpers, $7.50 a day.

There are about 5,000 or 6,000 men, most of them unskilled workers, employed in subway work in the classification over which the union claims jurisdiction. The union claims a membership of about 2,000 men among subway workers, but maintains that all “under-the-surface workers” come within its jurisdiction.

The organization, which is known as Compressed Air, Tunnel, Foundation and Sewer Workers Union 63 of the American Federation of Labor, was formed recently by the merging of a number of individual unions into the Compressed Air Workers local, it was revealed yesterday.

It is understood that most of the conference yesterday between Mr. Delaney and the union leaders was devoted to the union’s jurisdiction under its charter from the American Federation of Labor and also to the question of when subway workers should be classified as skilled labor in different fields such as drill running and timber work.

## FAVORS VAN LOON DIVORCE.

### Referee Hears Historian Is Now Living With Second Wife.

A divorce decree is to be granted the former Frances Goodrich, actress, from Hendrik W. Van Loon, historian and essayist, it was indicated yesterday at a referee’s hearing in which it was testified that Mr. Van Loon, who has been married three times, is at present living in Holland with his second wife, the former Helen Criswell.

Mr. Van Loon’s first wife, whom Elizabeth Bowditch of Boston, whom he married in 1906. His marriage to Miss Criswell, who was graduated from Bryn Mawr College in 1904, took place in 1920. He was divorced from Miss Criswell in 1927 and in October that year he married Miss Goodrich at Patterson, N. J.

Following testimony yesterday that Mr. Van Loon and his first wife, a Mrs. Van Ruyss, with his second, Referee Burr directed Miss Goodrich’s attorney to submit findings on a decree of divorce within ten days. When these findings have been signed and filed by the referee it is expected that the decree will be granted in the Supreme Court.

## D. A. R. DEDICATES ‘CONSTITUTION HALL’

### Third of the Headquarters Buildings in Washington Will House the Society’s Library.

### BISHOP FREEMAN WARNS

### He Condemns Loyalty That Salutes Flag and Covertly Evades the National Laws.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—With impressive and colorful ceremonies, officers and members of the National Society of the Daughters of the American Revolution today join in consecrating “Constitution Hall,” third of its headquarters buildings in Washington, which house the society’s library and an auditorium with a seating capacity of 5,000.

The building was dedicated to the memory of the founders of the Republic by Bishop Freeman, in an address in which he congratulated members of the society on the achievement in adding so beautiful a structure to the upbuilding of the capital.

He urged them, however, to remember that the public services of women, individually or through organizations, however valuable, were “exceeded in importance by the service it was their peculiar privilege and duty to render in the home.”

Americans, according to Bishop Freeman, are too prone to depend upon legislation and law-enforcing bodies to insure that respect for and obedience to law which is the “result only of every teaching and character building. Without home training, he said, the assembled Daughters “must be of little avail.”

“Well does President Hoover remind us in forceful and well-considered language that no problem that confronts us or that so threatens to halt us in our progress is comparable to that which has to do with disregard for the sovereignty of law.

“There is a low-grade and all too widespread brand of patriotism that, on public occasions, shows conspicuous respect and reverence for the flag and loudly declares laws that cry no toll upon personal convenience or personal privilege, and yet wantonly evades or covertly disobeys those that are designed to serve the high ends of our moral and physical well-being.

“An expressed loyalty that will not yield obedience to what is the fundamental law of the land, even though that law may cut directly across private interests and concerns, is a loyalty that makes no contribution to the ultimate weal and wealth of the State.”

## BRIDGE PLAYERS HOLD FOUR 13-CARD SUITS

### The One Chance in a Million Occurs in London—Cards Were Well Shuffled.

*Special Cable to The New York Times.*

LONDON, Oct. 23.—The millionth chance of a freak hand in auction bridge occurred at the Carlton Hotel tonight when George du Cros dealt to himself thirteen diamonds, to Sir Charles Sykes on his left thirteen spades, to Sir Charles Mandelberg, his partner, thirteen clubs, and to C. R. Drosier thirteen hearts.

Mr. du Cros immediately laid down his cards, asking “What can you do against this?” Sir Charles said “Keep your cards up,” whereupon the other players laid down their cards, exclaiming: “We’ve got the same color for a suit.”

Sir Charles declares that he shuffled the pack six or seven times before Mr. du Cros took them.

“Mr. du Cros also shuffled before Mr. Rossiter,” he said. “I, of course, had Mr. du Cross to pick up his cards because I saw that I had the winning hand. It is freakish, if you like, but they play on my bidding thirteen spades, which is seven tricks in spades and unbeatable.”

## TWO CLIENTS SLAY PATENT ATTORNEY

### Brothers Shoot A. L. Applebaum in His Office and Are Seized After Hard Struggle.

### ADMIT PLOTTING THE CRIME

### Tell Police They Were Enraged by Victim’s Delay in Getting Action on Marine Bicycle Invention.

Two shoemakers who depended their lasts to attempt the invention of a marine bicycle admitted to Assistant District Attorney John J. Green last night that they had carried out earlier in the day their prearranged plan to kill Aaron L. Applebaum, patent attorney, in his office at 41 Park Row, if he told them again that their application for a patent had been rejected. Applebaum was shot twice in the head, once in the hand, and severely beaten after he had fallen to the floor, mortally wounded by the bullets.

The slayers are Pietro and Leonardo Danna, brothers, 42 and 38 years old respectively, of 144 Roebling Street, Brooklyn. Pietro admitted having fired nine shots, and both confessed that they had beaten Applebaum and also that the murder was in accordance with an agreement reached between themselves on Tuesday evening. They were held without bail on a charge of homicide.

### Attorney Aids Capture.

The prompt capture of the Danna brothers was made possible by the courage and quick action of George McCauslan, an attorney, who with Applebaum and Lawrence C. French, occupied a suite of offices on the ninth floor at the Park Row address.

Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Dannas bending over him and beating him, attacked the Dannas first with an electric fan and later with an armchair.

The two brothers were arrested on the ninth floor of the building shortly afterward by Patrolman John Ryan after a hard fight in which he was assisted by Joseph Staine, elevator starter, and Russell C. O’Brien, 28 years old, an employe of the Board of Estimate and Apportionment. A crowd gathered in the ninth floor hallway, witnessed the struggle, during which Ryan’s revolver was once accidentally discharged.

Commissioner Whalen went to the scene as soon as he had heard of the shooting and led the investigation, aided by Chief Inspector John O’Brien and Deputy Chief Inspector Edward J. Mulrooney. Detectives and reserves were sent from the Oak Street station. According to Commissioner Whalen, Assistant District Attorney Greene and others what happened was this:

The Dannas, having tried in vain for seven months to get their device patented with the aid of Mr. Applebaum, had grown suspicious and had accused him of deliberately putting them off. They said they had called on Mr. Applebaum daily for the last two weeks and had finally agreed upon what kill him if he said that day again. Accordingly, Pietro Danna armed himself with a “38-calibre pistol and the two brothers paid their customary call on the patent lawyer shortly before eleven o’clock yesterday morning.

Mr. Applebaum occupied one of the three small, partitioned-off offices in the suite, the doors of all of which open on a general reception room. The Dannas were in this reception room when the attorney went out to meet them. A brief argument ensued. It was pointed out that, had the Dannas remained English better, or had Mr. Applebaum been able to explain the true situation to them in Italian, the murder might not have occurred.

Although Mr. Applebaum had told others in the office that he had been having trouble with the Dannas over their device, apparently no one noticed that anything unusual was going on until shots were heard. Pietro is said to have admitted he drew his pistol and fired three times. Either of the two shots that took effect in Applebaum’s head was sufficient to cause death, the examining surgeon said. The bullet that pierced Mr. Applebaum’s hand was said to have been fired after he had died. He is believed to have been dead while the Dannas were beating him.

When he heard the shots, Mr. McCauslan rushed into the reception room. In his own language, he “was red” when he beheld the two men pummelling the prostrate body. On the partition in front of his office was an electric fan. He snatched this up and attacked the brothers with it, despite the fact that Pietro had the pistol in his hand which still held five fresh cartridges. He admitted later that he had reloaded after shooting Applebaum to death.

Throwing the fan at the brothers, Mr. McCauslan picked up an armchair and attacked them with that. After a few blows the armchair broke and McCauslan rushed out of the office.

When Joseph Staine of Bellmore, L. I., the elevator starter, heard the shooting, he started up in one of the elevators and, at the ninth floor, took on Patrolman Ryan, who chanced to be in the building. When they reached the ninth floor they found Russell O’Brien who said he had left another elevator at that floor by mistake.

When the car stopped Mr. McCauslan appeared, started off it, the Dannas brothers were standing in the hallway just outside the door of Mr. Applebaum’s office.

### Brothers Attack Policeman.

Ryan demanded Pietro’s pistol. Both Pietro and his brother Leonardo leaped upon the patrolman. Stains and young O’Brien joined the fray and McCauslan, returning, aided the officer and the two civilians.

The Dannas bit the hands of O’Brien and Stains painfully, but not seriously. They received numerous blows in return. The accidental discharge of Ryan’s revolver seemed to have some effect upon them, as they were soon afterward subdued.

Commissioner Whalen handled the three men for their aid in subduing the Dannas, and said later, after the brothers had been questioned at length and others had been interrogated about the occurrence, that Mr. Applebaum had been murdered coldbloodedly and as a result of premeditation.

Mr. Applebaum was 39 years old, married and the father of four children, the youngest of whom is only 13 months old. He lived at 641 Eighty-second Street, Brooklyn.

Mrs. Applebaum said her husband had been worried for some time about the behavior of the Dannas brothers. She collapsed when told that her husband had been killed.

## As Will Rogers Looks Upon The New York City Campaign

*To the Editor of The New York Times:*

They are soon to have a city election here in New York City, and there is no more use getting excited over the outcome of it than you should over the outcome of a Presidential election, only the case is exactly reversed.

A Democrat can’t win nationally because he runs out of Democrats too soon, and a Republican can’t even get a base on balls in this city because Republicans are too scarce. Then you can always leave it to a minority party, in any campaign, to split, and everybody they can think of.

So Jimmy Walker will win, he perhaps the biggest majority of any candidate in years, and will then kick himself for getting up at 9:30 and 10 o’clock in the morning to make speeches.

If he ever changes again for this election he will be wasting time. Yours,

WILL ROGERS.

## FIVE NEW SCHOOLS TO BE BUILT BY CITY

### Board of Education Lets Contracts for Bronx and Brooklyn Institutions.

### WILL COST $1,060,000

### New Buildings Will Seat 1,600 Pupils Each—Plans Are Approved for Others.

The Board of Education voted yesterday afternoon at its semi-monthly meeting to give the school system five new buildings. Contracts were awarded for the construction of two buildings, and plans were approved for the erection of three more.

The new Public School 105 will be constructed on Brady Avenue, near Holland Avenue, the Bronx, by the Sound View Building Corporation at a cost to the city of $534,000. The school will have 1,600 seats.

The Dr. I. M. Greenberg Company will erect Public School 230 at Albemarle Road, near Dahill Road, in Brooklyn, for $526,000. The new building will provide accommodations for 1,646 pupils.

Plans were approved for the construction of the new Walton High School at 196th Street and Reservoir Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.

The board plans to construct a new building for Public School 102 in the Bronx and for Public School 105 in Queens at an estimated cost of $850,000, each one accommodating 2,101.

The school capacity by 2,101.

The board also approved contracts totaling $113,345 for mechanical equipment for the new Public School 250 in Brooklyn.

On the recommendation of the board of superintendents, Joachim Scopp, was named principal of Public School 93 and George D. Lewis at Public School 93, both in the Bronx.

The board received a communication from the superintendents announcing the establishment of 32 additional short-time classes. Short-time classes will be increased in Public Schools 21 and 41, the Bronx; 114, Brooklyn, and 64, 168 and 123, Queens. Public School 80, the Bronx, will establish two short-time classes due to overcrowding.

The board approved the selection of a site for a school in the Canarsie section in Brooklyn and of playground space for Public School 21, Manhattan.

## BUDGET PROBLEMS BALK SCHOOL GROUP

### Retardation Committee Finds Itself Overloaded by Five ‘Referred’ Questions.

The president of the budget committee of the Board of Education of disposing of requests for the extension or establishment of various educational services by referring them to a committee appointed to study the special problem of retardation proved a boomerang yesterday. The board was informed at its regular meeting by Superintendent William J. O’Shea that the retardation study committee is finding it impossible to study thoroughly five of the eight questions propounded by the budget committee last Summer.

Associate Superintendent Margaret McCooey is chairman of the group appointed last June to report on “retardation, truancy and problems of conduct and personality.” Later, when the budget committee, headed by Commissioner Arthur S. Somers, was finding difficulty in granting requests for additional special teachers and various other school services, they were referred to Miss McCooey’s committee. The problems submitted are so varied and difficult, however, that the committee decided it could not do justice to them. School officials admitted that a competent specialist committee would be needed for an intelligent report on almost any one of the problems submitted to Miss McCooey.

Dr. O’Shea asked the board to permit him to appoint additional committees to study the five problems, but the request was withdrawn from the calendar at the last moment. However, the superintendent said he was going to make the new appointments soon.

The problems to be reassigned are the question of the need of additional teachers of drawing, music, sewing and health, teachers of home-making and elementary art, a new evening secondary school, adult illiteracy and employment for persons on eligibility lists.

## SAVES BOY FROM CHAIR.

### Pennsylvania Board Commutes Harvey Feathers’s Death Sentence.

HARRISBURG, Pa., Oct. 23 (AP).—The State Board of Pardons today commuted the death sentence of Harvey Feathers, 17-year-old Bedford County slayer, to life imprisonment.

Feathers was sentenced to die for the electric chair Oct. 28 for the murder of Houston Creely, Greenfield Township, Blair County, during an attempted robbery. His brother Willis, a deaf mute, was given life imprisonment.

## L. W. SEAMAN LEFT CHARITIES $5,000,000

### Broker’s Will Divides More Than $1,000,000 Among Thirteen Relatives and Friends.

### RESIDUE PLACED IN TRUST

### From It Executors Will Make Further Gifts to Charity Put at More Than $2,000,000.

### ONE BEQUEST EXPLAINED

### Stay in Roosevelt Hospital After Injury Brought Knowledge of Its Needs to Financier.

Lloyd W. Seaman, retired stock broker, who died Sunday at Roosevelt Hospital, left more than $5,000,000 to New York City charities, it was disclosed yesterday when his will was filed for probate. Slightly more than $1,000,000 is to be divided among thirteen relatives and friends, while specific charitable bequests total $1,926,000. The residuary estate is left in trust for charities in the city to be selected by the executors, and this trust fund, it was estimated yesterday, will certainly exceed $2,000,000, and possibly will exceed $3,000,000.

Mr. Seaman was a member of an old New York family and had lived in retirement at his home in the Apthorp Apartments, Broadway and Seventy-ninth Street, for two decades. Prior to that time he was a member of the former New York Stock Exchange house of Chapman & Seaman. His closest surviving relative is a sister, Mrs. Ruth Seaman Woodworth of Redlands, Cal.

### Executors Have Free Hand.

The trust established by Mr. Seaman’s will receives the residue after total specific bequests of $4,290,000 have been paid. Bern Budd, of counsel for the executors, said yesterday that it was impossible to give even a rough estimate of the probable amount of this residue.

Other than that the charities selected shall be in New York City, the executors, who are former Federal Judge Francis A. Winslow of Yonkers; Joseph D. Godfrey of Greenlawn, L. I., who handled Mr. Seaman’s business affairs for many years, and the Guaranty Trust Company, were given a free hand in administering the trust.

Of the specific charitable bequests, the largest are of $1,000,000 each to the Salvation Army, “to be devoted to its religious, charitable, and missionary work”; to Roosevelt Hospital, “for medical treatment of the sick poor”; and to the Charity Organization Society, “for the relief of the poor.” St. John’s Guild of New York receives $100,000, as a memorial to Mr. Seaman’s father and St. John’s Riverside Hospital, in Yonkers, receives $50,000 as a memorial to his mother. A bequest of $100,000 is made also to the Manhattan Eye and Ear Hospital.

### Accident Brought Contact.

Mr. Seaman contributed regularly during his lifetime to all the institutions named in his will, with the exception of Roosevelt Hospital, according to Mr. Budd. His first contact there was in January, 1928, when he was injured in an accident, and Mr. Budd said yesterday that he believed his experience at the hospital was what persuaded him to make the bequest.

“He was crossing Broadway at Seventy-ninth Street to go to his home in the Apthorp Apartments,” Mr. Budd said, “when he was hit by a Broadway surface car. He was taken to the Roosevelt Hospital, where his leg was amputated. While there he learned of the work done by this institution among the city’s unfortunate.”

The trust fund he established, which one-tenth clause of the will, gives unusual scope:

“All of the rest, residue and remainder of my estate, if any, and of whatsoever nature or description, I give, devise and bequeath to my executors hereinafter named, in trust nevertheless, and with the power to distribute the same for the uses and purposes following, that is to say: to the aid of executors shall select such worthy charities, incorporated or otherwise, in the city of New York, as in their discretion and judgment shall seem proper, and shall divide the said residue among such charities and in such proportions and amounts as to my said executors shall seem proper.”

The bequests to relatives and friends, in the order in which they appear in the will, are as follows:

MARY HARPSTER MACKELVIE, cousin, of Hartsdale, N. Y., $100,000.

BESSIE D. GODFREY, executor and business associate, $100,000.

MR. RUTH SEAMAN WOODWORTH, sister, $500,000.

ANNIE GODFREY, of 12 E. 6th Avenue, Manhattan, N. Y., $100,000.

JEANNIE JOYCE, a cousin, Rochester, N. Y., $100,000.

HENRIETTA SEAMAN, a cousin, 81 South Walnut Street, South Orange, N. J., $100,000.

LLOYD I. SEAMAN, a cousin, Greenwood Lake, N. Y., $40,000.

CLARENCE SEAMAN, 2036 Summit Avenue, Poughkeepsie, N. Y., $40,000.

BASIL D. SEAMAN, a cousin, 54 North Twentieth Street, East Orange, N. J., $40,000.

WOODRUFF SMITH, a boyhood friend, of Yonkers, $10,000.

AGNES WINFRED SUTHERLAND, a cousin, 100 Wilshire Street, Canandaigua, N. Y., $10,000.

Dr. ROBERT S. ADAMS, personal physician and friend, of the New Hotel Weston, 8 West Fiftieth Street, $10,000.

MINNIE HARANDON, a cousin, Park Avenue, Dobbs Ferry, $5,000.

The will was made Oct. 2, just eighteen days before Mr. Seaman died. He was still at his home at the Apthorp Apartments at that time, and although he was a semi-invalid as a result of the loss of his leg, he was not yet ill at the time. Practically the entire estate, Mr. Budd said, is in securities.

### Bishop Fallon Is Much Improved.

LONDON, Ont., Oct. 23 (Canadian Press).—The Right Rev. M. F. Fallon, Bishop of the Roman Catholic diocese of London, seemed today to be gradually recovering from the relapse of his illness which it was feared a few days ago would be fatal. He is still weak, the official report said, but had a good night and is bright and cheerful.

### Rev. G. A. Gordon Critically Ill.

BROOKLINE, Mass., Oct. 23 (AP).—The Rev. George A. Gordon, pastor of the Old South Church in Boston for forty-five years, was in a critical condition at his home here today after a paralytic stroke last Friday. He is 76 years old.

---

READERS are requested to notify The New York Times whenever they are unable to obtain a copy of this newspaper at any news stand at a reasonable price.

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Scoring unit: news-nyt-warder. Joined pages use the same full output.

THE NEW YORK TIMES, THURSDAY, OCTOBER 24, 1929.

31

# STATE SAYS WARDER GOT BRIBE IN PERSON

**Prosecutor Tells Jury Bank Head Received $10,000 From Ferrari Agent in Home.**

## TRACES COURSE OF CASH

**Also Promises to Prove That Gratuity Won Immunity for Books of City Trust Co.**

## DEFENSE SPEECH WITHHELD

**Former Aide of Accused Man on Stand Tells of Failure to Make Examinations.**

Evidence that Frank H. Warder, former State Superintendent of Banks, took money directly from an agent of the late Francesco M. Ferrari, president of the defunct City Trust Company, was presented yesterday by Hiram C. Todd, Special Assistant District Attorney, in his opening address to the jury before which he is prosecuting Warder for accepting bribes.

In his brief address Mr. Todd also promised to show that the money was paid by Ferrari to prevent the examination of his banking affairs required by law.

During the day only one witness was examined, George W. Egbert, chief bank examiner, who told of being instructed by Warder to withhold examinations of the City Trust Company affairs. Defense counsel on cross-examination sought to lay the responsibility for any negligence upon Warder's subordinates.

Mr. Warder sat, suave and well groomed, at the counsel table with his attorney, James L. Cuff, during the opening address.

Mr. Todd went on to say that the indictment charges Warder with accepting $10,000 "in consideration of which as Superintendent of Banks charged with the duty by law to make examinations of a bank, to omit such examination in the Fall of 1928."

**Describes Transfer of Money.**

"The manner in which this bribe was taken," Mr. Todd continued, "was not the character of transaction that men do in the middle of Broadway in daylight. We will show you each step from the withdrawal of the money in the bank by a trusted lieutenant, its delivery to Ferrari's sick-bed—he was ill at the time—handed over in the presence of a second party in an unsealed envelope and then carried to the Riverside Drive residence of the defendant and there handed to Ohio, defendant. Frank H. Warder, and the defendant took it out and counted it in his presence."

Mr. Todd then sketched for the benefit of the jury the interrelations between the Harlem Bank of Commerce, the Atlantic State Bank and the City Trust Company, the final product of the mergers.

"Ferrari can be described," Mr. Todd continued, "as the super-salesman type, vivacious and cordial. He had the idea that any favors from the banking department could be purchased with money, as we shall show."

Mr. Cuff jumped to his feet at this juncture with a demand that a juror be withdrawn and a mistrial declared, which Justice Tompkins overruled.

To provide a motive for a bribe Mr. Todd said that he would show that the assets of the bank had been invested in securities and loans made, "not only of questionable but of no value." He said that loans were made to friends of Ferrari or to his corporations without even taking notes and described how the overdrafts of the Any New Realty Corporation, "grew from $30,000 to $30,000, $50,000, $60,000, $70,000, $100,000 and finally to more than $150,000."

Mr. Todd said that in addition to this specific evidence the State would bring witnesses to show the changes of the course of years between Ferrari and Warder, but "there are so many of these incidents that we are not giving the details of each payment of money to the defendant, Frank H. Warder."

**Defense Speech Withheld.**

Mr. Cuff refused to make any opening address to the jury. He wanted to reserve his opening until after the State's case had been presented, but he was instructed by Justice Tompkins that he would have to make his opening then or not at all.

"I am standing on my constitutional privilege," Mr. Cuff said.

"Then you don't want to open?" inquired Justice Tompkins, who had explained the ruling. "Call the first witness."

Mr. Egbert, taking the stand, eyed his former chief, identified the records of examination of the Ferrari banks in November, 1927, and November, 1928, and told again the story he told to the Moreland commission in great detail of being ordered to withhold examinations of Ferrari's banks by Mr. Warder. Shortly before the noon recess Mr. Egbert was turned over to Mr. Cuff for cross-examination. The line of defense became immediately apparent. Mr. Cuff obtained from the witness admissions that it was he who had assigned Samuel Rauch, the examiner in charge of the City Trust examinations, without instructions from Mr. Warder.

"When you selected him you had implicit confidence in him?" Mr. Cuff asked.

"I certainly did," Mr. Egbert replied.

Mr. Cuff then sought to show that the figures in the examinations in both November, 1927, and in 1928 the bank was solvent, with capital and surplus unimpaired.

"Did Mr. Rauch report an impairment of the capital?" Mr. Cuff inquired.

"He did not," the witness replied.

Mr. Cuff showed by the figures of the report that with capital and surplus intact the bank would have had in round figures, $856,000 to pay claims.

**Traces Bank Reports.**

Mr. Cuff then traced the routine of bank reports to show that, unless an unusual situation developed, the report would not go to the superintendent immediately, but would be handled by the deputies, and that the disciplinary letter written to the

*[column continues]*

institutions on the basis of the report would be prepared by a deputy superintendent and not seen by the superintendent until handed to him for his signature.

Mr. Egbert admitted that it was not unusual for a report of an examination not to mention violations of the banking law.

"They do not usually require drastic action? You write a disciplinary letter?"

"Yes, sir."

"Was that done with this report?"

"Yes."

"The banking superintendent must rely on the reports of his examiners?"

"Right."

Mr. Cuff then got the witness to admit that it was customary when a merger was in prospect to withhold the examination until the merger was finished and the bank settled to a regular routine. This was important because of the Atlantic State Bank with the Harlem Bank of Commerce and the change to the City Trust Company took place at about the time the examination should have been made.

In the afternoon Mr. Cuff attacked the witness with excerpts of his testimony before the Moreland Commission and succeeded in tangling him up on the number of times he had talked to Mr. Warder about withholding the examination. Mr. Egbert appeared to contradict himself, the full transcript was read, showing that he had been momentarily confused.

He excused Mr. Cuff's ire by explaining his testimony in the Moreland hearings by saying:

"I was being pinned down as to whether I had the conversation with Mr. Warder or he had it with me, and realizing his position I did not know whether to answer yes or no."

This reply was stricken from the record on Mr. Cuff's motion.

Margaret Kennedy, another bank examiner, will be the next witness today. Others waiting to be heard are Reginald W. Pawling, third deputy superintendent, and Roger F. Molloy, an examiner.

# WYNNE SEES CANCER AS FEDERAL PROBLEM

**Tells Radio Audience Health Service of Government Is Best Fitted to Study Disease.**

Although cancer is not a contagious disease, the riddle of its cause and means to its effective cure make it part of the general public health problem which must be dealt with by some governmental agency, Health Commissioner Shirley W. Wynne told radio listeners in his twenty-third health talk over Station WEAF yesterday.

"I look to the Public Health Service of the United States Government," Dr. Wynne said, "to establish a well-organized department of cancer research, following the commendable precedent set by certain European governments. Our Federal Government should apportion adequate funds for such a purpose. There is more benefit to be derived by such concentration on the problem from a government viewpoint than from a local handling of it, for the government's hygienic bureau is in a position to engage in such research on a large scale.

"The government of Sweden took the first step forward in the cancer problem some fifteen years ago when it purchased a large amount of radium for the precious metal and study its effects. Both Norway and Denmark are rapidly following in Sweden's footsteps in meeting cancer as a public health problem. England is waking up too, and is beginning not only to realize the necessity of action in this serious situation, but in take definite action. In our own country the State of Massachusetts alone, has taken the initiative and made cancer a part of its public health program.

"Dr. Wynne showed statistically that cancer was on the increase in this city, and urged early medical examination in all cases in which the disease was thought to be present."

# FOREIGN LAW EXPERTS ARE CAPITAL GUESTS

**President and Mrs. Hoover to Be Among Hosts to Briarcliff Manor Institute Delegates.**

*Special to The New York Times.*

WASHINGTON, Oct. 23.—The foreign delegates at the recent meeting at Briarcliff Manor of the Institute of International Law, numbering nearly fifty prominent men in Europe and South America, arrived in Washington this morning to find awaiting them a crowded program which will keep them constantly occupied until they leave for New York Saturday morning to sail on the America for their respective home.

President and Mrs. Hoover will receive the delegates and the ladies of their families accompanying them on Friday afternoon at 5 o'clock, being after and after which time they will be entertained by members of the diplomatic corps and by others.

Tonight dinners were given by the Belgian Ambassador and the Princess de Ligne, the Chilean Ambassador, Mme. Davila, the Minister of Switzerland and Mme. Peter and other members of the diplomatic corps for their respective guests, and the delegates meeting again at the reception which followed the delegates meeting again at the Belgian Embassy.

Dr. James Brown Scott of the Carnegie Endowment and Mrs. Scott, who went to Europe to escort the delegates to this country, will see their guests off for New York Saturday morning, to sail on the America for their respective homes. Dr. and Mrs. Scott will leave the same evening for Havana to attend the meeting there next week of the governing board of the American Institute of International Law, of which Mr. Scott is president.

---

# SIXTH OF SING SING CONVICTS BUY NEWSPAPER EACH DAY

*Special to The New York Times.*

OSSINING, N. Y., Oct. 23.—One prisoner in every six quartered in Sing Sing Prison receives a daily newspaper a year, it was disclosed today by prison authorities. They said that 300 newspapers enter the prison every day of which sixty are tabloids and the rest standard size.

There are 1,958 prisoners in Sing Sing, but about 150 of these either are illiterate or cannot read English.

Each subscriber passes his newspaper around, so nearly all of the 1,800 prisoners who can read English see a newspaper frequently, although many of them lack funds to subscribe for one.

---

# ATTACKS FALL PLEA FOR JURY SYMPATHY

**Government in Argument Says "Doheny Got the Lease, Secretary Got the Money."**

## JURORS GET CASE TODAY

**Justice Hitz Will Make Charge This Morning in Naval Oil Lands Bribe Trial.**

*Special to The New York Times.*

WASHINGTON, Oct. 23.—The fate of Albert B. Fall, ex-Secretary of the Interior, now on trial in the criminal branch of the Supreme Court of the District of Columbia on the charge of having leased the Elk Hills Naval Oil Reserve to Edward L. Doheny in consideration of a bribe of $100,000, will be in the hands of the jury before noon tomorrow.

The arguments ended at 4 o'clock this afternoon, and Associate Justice Hitz will begin his charge to the jury at 10 o'clock tomorrow morning. The charge is not expected to last more than half an hour.

This, the final day of Fall's trial, again found the court room packed to capacity, while outside a hundred or more women sought in vain to gain entrance. The defense concluded its six hours of talking at noon and two hours later Owen J. Roberts of Philadelphia began the closing argument for conviction.

Mr. Roberts resorted to no theatricals. Instead, the government counsel, who needed only an hour and a half to sum up, talked to the jury in an ordinary conversational tone.

**Doheny Wanted Lease, Fall Money.**

Mr. Fall's physical condition, Mr. Roberts told the jury, was something that did not concern them in arriving at a decision as to his guilt or innocence. The court or the President is the agency charged with the exercise of clemency, where merited, not the jury," said Mr. Roberts.

"Appeals to your sympathies and prejudices have no place in this case," said Mr. Roberts. "It is all simple. There are four things of a controlling nature for you to remember. One is that Doheny wanted the lease of the Elk Hills. The second is, Fall wanted money. The third is, Doheny got the lease, and the fourth is, Fall got the money.

"Do not forget that this money from Doheny and the more than $269,000 Fall obtained from Sinclair is connected up with Fall's handling of property held in trust for me and for me and for all the people of the United States.

"This talk of a 'yellow peril,' this so-called 'Japanese 'war scare,' has nothing to do with the case. Neither has the claim that the Elk Hills Reservation was being drained by Doheny's or Fall's pocket.

**Refers to Sinclair Payment.**

"This talk of political persecution is only dust thrown up in the effort to obscure a very simple issue."

Mr. Roberts argued that the defense's claim that the Doheny payment was prior to any negotiations between Fall and Doheny would not stand the test of investigation. Admittedly accurate official documents in evidence prove the opposite to have been the case, declared Mr. Roberts.

The money transactions of Fall and Sinclair, in which neither checks nor other evidence of payment, would be taken into consideration as throwing light on the real basis of Fall's activities when a member of the Harding Cabinet.

The defense used up the morning session with more pleas for acquittal, the closing arguments being by Wm. J. Lambert of Washington and Mark Thompson of Phoenix, Ariz., the latter being Fall's personal counsel.

**Judge Limits Defense Plea.**

Mr. Thompson began with a plea for "two old men" who met forty-three years ago on "the deserts of the Southwest."

"One," said Mr. Thompson, "was a red-haired young man; the other a black-haired young fellow from Kentucky."

Justice Hitz interrupted and told the lawyer to stick to the evidence.

"The color of Mr. Doheny's hair is not in evidence," ruled Justice Hitz.

Mr. Lambert made the final argument for the defense and used up his time emphasizing that under the legal rule to convict a person of a crime guilt must be established beyond reasonable doubt.

# GOV. ROOSEVELT CALLS SECOND PRISON PARLEY

**He Summons Experts to Meet in Albany, Nov. 11 on Program for Institutions.**

*Special to The New York Times.*

ALBANY, Oct. 23.—Governor Roosevelt has called a second conference to study a program for correctional institutions of the State. The first one was held at the Governor's home in New York City on Sept. 12. The second will take place Nov. 11 in the executive chamber.

The Governor stated tonight that he had invited the following to attend:

*[list of names, partially legible — omitted]*

---

# Air Mail Here From Buenos Aires in 11 Days, Cutting 6 Days From Ship and Rail Time

Mail which left Buenos Aires eleven days before arrived in New York yesterday, coming all the way by air. It was the first air mail to be delivered at the New York post-office under the recently signed contract between the Argentine Republic and Pan-American Airways. The planes cut approximately six days off steamer and rail time from the Argentine.

On Oct. 12 169 pounds of mail left the Buenos Aires postoffice. It was flown on that day across South America and over the Andes to Santiago, Chile, and thence up the west coast of South America to Cristobal. There the mail was turned over to Pan-American Airways and on Oct. 21, exactly on schedule, it was delivered to the postal authorities in Miami.

From Miami Pitcairn Aviation handled this first consignment and landed the mail at Hadley and Newark Airports yesterday morning at 3 o'clock.

Among the letters received in New York was one for Kent Cooper, general manager of The Associated Press, from Jorge Mitre, director of La Nacion, which said:

"The following lines will be forwarded to you by the first plane leaving this city in the newly established air service between your great country and the Argentine.

"It is a happy coincidence that this should occur on Columbus Day, the great holiday of the Americas, and it is my sincerest wish that it will serve in bringing together in closer intercourse both from a cultural and a business point of view the people of the New World, which, despite racial differences, have in common the same high ideals of two democracies desiring peaceful progress."

The air mail service between Miami and Buenos Aires will be operated weekly, the planes leaving Buenos Aires and Miami on Saturday. Air mail posted in the New York general post office up to 6:30 o'clock Thursday evening will connect with the southbound Pan-American plane at Miami.

# STRIKE IS AVERTED ON SUBWAY WORK

**Delaney Announces Union Will Await His Efforts to Bring About Settlement.**

## HE CONFERS WITH LEADERS

**Meets Contractors Today to Arrange a Parley Between Them and Workers.**

John H. Delaney, chairman of the Board of Transportation, announced yesterday that the threatened strike of subway construction workers had been averted pending efforts on his part to mediate between the subway contractors and the union. His announcement followed a two-hour conference with representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.

Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which includes all of the contractors now engaged in subway construction, it was announced. Efforts will be made at that time, it is understood, to lay the basis for a meeting between the representatives of the workmen and of the contractors to seek an agreement.

Arthur Johnson, president of the contractors' association, promised Mr. Delaney that he would personally head the delegation from his group this afternoon. John McPartlan, secretary of the workers' union, and four organizers, James Lynch, John Moran, Hugh McGuire and Patrick Fleming, represented the union at the conference yesterday.

It is understood that the union has demanded recognition and an increase in wages of about one-third more than those paid now. For compressed workers, the union also says drill runners it has asked $8.50; the drill runners' helpers, $7.50 a day.

There are about 5,000 or 6,000 men, most of them unskilled workers, employed in subway work in the classifications over which the union claims jurisdiction. The union claims a membership of about 2,000 men among subway workers, but maintains that all "under-the-surface workers" come within its jurisdiction.

The organization, which is known as Compressed Air, Tunnel, Foundation and Sewer Workers Union of the American Federation of Labor, was formed recently by the merging of a number of individual unions into the Compressed Air Workers local, it was revealed yesterday.

It is understood that most of the conference yesterday between Mr. Delaney and the union leaders was devoted to the union's jurisdiction under its charter from the American Federation of Labor and to the question of when subway workers should be classified as a skilled labor or in building and in such work as drill running and timber work.

## FAVORS VAN LOON DIVORCE.

**Referee Hears Historian Is Now Living With Second Wife.**

A divorce decree is to be granted the former Frances Goodrich, actress, from Hendrik W. Van Loon, historian and essayist, it was indicated yesterday at a referee's hearing in which it was testified that Mr. Van Loon, who has been married three times, is at present living in Holland with his second wife, the former Helen Criswell.

Mr. Van Loon's first wife was Elizabeth Sowdich of Boston, whom he married in 1906. His marriage to Miss Criswell, who was graduated from Bryn Mawr College in 1904, took place in 1920. He was divorced from Miss Criswell in 1927 and in 1927 he married Miss Goodrich at Paterson, N. J.

Following testimony yesterday that Mr. Van Loon had left his third wife and was living with his second, Referee Burr directed Miss Goodrich's attorney to submit findings for a decree of divorce within ten days. When these findings have been signed and filed by the referee it is expected that the decree will be granted in the Supreme Court.

---

# D. A. R. DEDICATES 'CONSTITUTION HALL'

**Third of the Headquarters Buildings in Washington Will House the Society's Library.**

## BISHOP FREEMAN WARNS

**He Condemns Loyalty That Salutes Flag and Covertly Evades the National Laws.**

*Special to The New York Times.*

WASHINGTON, Oct. 23.—With impressive and colorful ceremonies, officers and members of the National Society of the Daughters of the American Revolution today join in consecrating "Constitution Hall," the third of its headquarters buildings in Washington, which houses the society's library and an auditorium with a seating capacity of 5,000.

The building was dedicated to the memory of the founders of the Republic by Bishop Freeman, in an address in which he congratulated members of the society on the achievement in adding so beautiful a structure to the upbuilding of the capital.

He urged them, however, to remember that the public services of women, individually or through organizations, however valuable, were exceeded in importance by the service it was their peculiar privilege and duty to tender to the home.

Americans, according to Bishop Freeman, are too prone to depend upon legislation and law-enforcing bodies to insure that respect for and obedience to law which is the surest guaranty of early teaching and character building. Without home training, he said, Daughters, laws are of little avail.

"Well does President Hoover remind us in forceful and well-considered language that no problem that confronts us or that no threatens is comparable to that which has to do with the sovereignty of law.

"There is a low-grade and all too widespread brand of patriotism that, on public occasions, shows conspicuous respect and reverence for the flag and loudly defends laws that lay no toll upon personal convenience or personal privilege, and yet wantonly or covertly disobeys those that are designed to serve the high ends of our moral and physical well-being.

"An expressed loyalty that will not yield obedience to what is the fundamental law of the land, even though that law may cut deeply across our private interests and concerns, is a loyalty that makes no contribution to the ultimate weal and wealth of the State."

# BRIDGE PLAYERS HOLD FOUR 13-CARD SUITS

**The One Chance in a Million Occurs in London—Cards Were Well Shuffled.**

*Special Cable to The New York Times.*

LONDON, Oct. 23.—The millionth chance of a freak hand in auction bridge occurred at the Carlton Hotel tonight when George du Cros dealt to himself thirteen diamonds, to Sir Charles Sykes on his left thirteen spades, to Sir Charles Mandelberg, his partner, thirteen clubs, and to A. G. Rossiter, thirteen hearts.

Mr. du Cros immediately laid down his cards, asking "What can you do against this?" Sir Charles said: "Have your cards up," whereupon the other players laid down their cards, exclaiming: "We've got thirteen cards of a suit also."

Sir Charles declares that he shuffled the pack six or seven times before Mr. du Cros took them.

"Mr. du Cros also shuffled before Mr. Rossiter," he said. "I, of course, like, but they paid on my hollow spades, which is seven tricks in spades and unbeatable."

---

# TWO CLIENTS SLAY PATENT ATTORNEY

**Brothers Shoot A. L. Applebaum in His Office and Are Seized After Hard Struggle.**

## ADMIT PLOTTING THE CRIME

**Tell Police They Were Enraged by Victim's Delay in Getting Action on Marine Bicycle Invention.**

Two shoemakers who deserted their lasts to attempt the invention of a marine bicycle admitted to Assistant District Attorney John J. Greene last night that they had carried out earlier in the day their prearranged plan to kill Aaron L. Applebaum, patent attorney, in his office at 41 Park Row, if he told them again that their application for a patent had been rejected. Applebaum was shot twice in the head, once in the hand, and severely beaten after he had fallen to the floor, mortally wounded by the bullets.

The slayers are Pietro and Leonardo Danna, brothers, 42 and 38 years old respectively, of 144 Roebling Street, Brooklyn. Pietro admitted having fired the shots, and both confessed that they had beaten the fallen man and also that the murder was in accordance with an agreement reached between themselves on Tuesday evening. They were held without bail on a charge of homicide.

**Attorney Aids Capture.**

The prompt capture of the Danna brothers was made possible by the courage and quick action of George McCausland, an attorney, who with Applebaum and Lawrence C. French occupied a suite of offices on the ninth floor at the Park Row address.

Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum, seized the Dannas bending over him and beating him, attacked the Dannas first with an electric fan and later with an armchair.

The two brothers were arrested on the ninth floor of the building shortly afterward by Patrolman John Ryan after a hard fight in which he was aided by Joseph Staina, elevator starter, and Russell C. O'Brien, 18 years old, an employe of the Board of Estimate and Apportionment. A crowd gathered in the ninth floor hallway witnessed the struggle, during which Ryan's revolver was once accidentally discharged.

Commissioner Whalen went to the scene as he had heard of the shooting and led the investigation, aided by Chief Inspector John O'Brien and Deputy Chief Inspector Edward J. Mulrooney. Detectives and reserves were sent from the Tenth Street station. According to Commissioner Whalen, Assistant District Attorney Greene and others what happened was this:

The Dannas, having tried in vain for seven months to get their device patented with the aid of Mr. Applebaum, had grown suspicious and had accused him of deliberately putting them off. They said they met each day for two weeks and had finally agreed they would kill him.

*[Remaining text of the article is partially illegible and omitted.]*

# BUDGET PROBLEMS BALK SCHOOL GROUP

**Retardation Committee Finds Itself Overloaded by Five 'Referred' Questions.**

The practice of the budget committee of the Board of Education of disposing of requests for the extension or establishment of various educational services by referring them to a committee appointed to study the special problem of retardation proved a boomerang yesterday.

The board was informed at its regular meeting by Superintendent William J. O'Shea that the retardation study committee is finding it impossible to study thoroughly five of the eight questions propounded by the budget committee last Summer.

---

# SAVES BOY FROM CHAIR.

**Pennsylvania Board Commutes Harvey Feathers's Death Sentence.**

HARRISBURG, Pa., Oct. 23 (AP).—The State Board of Pardons today commuted the death sentence of Harvey Feathers, 17-year-old Bedford County slayer, to life imprisonment.

Feathers was sentenced to die in the electric chair Oct. 28, for the murder of Houston Croyle, Greenfield Township, Blair County, the day he was rendered.

---

# As Will Rogers Looks Upon The New York City Campaign

*To The Editor of The New York Times:*

They are soon to have a city election here in New York City, and there is no more use getting excited over the outcome of it than you should over the outcome of a Presidential election, only the case is exactly reversed.

A Democrat can't win nationally because he runs out of Democrats too soon, and a Republican can't even get a base on balls in this city because Republicans are too scarce. Then you can always leave it to a minority party, in any campaign, to split and run everybody they can think of.

So Jimmy Walker will win by perhaps the biggest majority of any candidate in years, and will then kick himself for getting up at 9:30 and 10 o'clock in the morning to make speeches.

If he even changes spats for this election he will be wasting time. Yours,

WILL ROGERS.

# FIVE NEW SCHOOLS TO BE BUILT BY CITY

**Board of Education Lets Contracts for Bronx and Brooklyn Institutions.**

## WILL COST $1,060,000

**New Buildings Will Seat 1,600 Pupils Each—Plans Are Approved for Others.**

The Board of Education voted yesterday afternoon at its semi-monthly meeting to give the school system five new buildings. Contracts were awarded for the construction of two buildings, and plans were approved for the erection of three more.

The new Public School 103 will be constructed on Brady Avenue, near Holland Avenue, the Bronx, by the Sound View Building Corporation at a cost to the city of $334,000.

---

# L. W. SEAMAN LEFT CHARITIES $5,000,000

**Broker's Will Divides More Than $1,000,000 Among Thirteen Relatives and Friends.**

## RESIDUE PLACED IN TRUST

**From It Executors Will Make Further Gifts to Charity Put at More Than $2,000,000.**

## ONE BEQUEST EXPLAINED

**Stay in Roosevelt Hospital After Injury Brought Knowledge of Its Needs to Financier.**

Lloyd W. Seaman, retired stock broker, who died Sunday at Roosevelt Hospital, left more than $5,000,000 to New York City charities, it was disclosed yesterday when his will was filed for probate. Slightly more than $1,000,000 is to be divided among thirteen relatives and friends, while specific charitable bequests total $3,250,000. The residuary estate is left in trust for charities in the city to be selected by the executors, and will certainly exceed $2,000,000 and possibly will exceed $3,000,000.

Mr. Seaman was a member of an old New York family and had lived in retirement at his home in the Apthorp Apartments, Broadway and Seventy-ninth Street, for two decades. Prior to that time he was a Stock Exchange house of Chapman & Seaman. His closest surviving relative is a sister, Mrs. Ruth Seaman Woodworth of Redlands, Cal.

**Executors Have Free Hand.**

The trust established by Mr. Seaman's will is for the benefit of the institutions named in his will, with the exception of the Salvation Army.

**Accident Brought Contact.**

Mr. Seaman contributed regularly during his lifetime to all the institutions named in his will, with the exception of the Manhattan Eye and Ear Hospital.

---

# Bishop Fallon Is Much Improved.

LONDON, Ont., Oct. 23 (Canadian Press.)—The Right Rev. M. F. Fallon, Bishop of the Roman Catholic diocese of London, seemed today to be gradually recovering from the lapse of his illness which it was feared would have a fatal end. He is still weak, the official report said, but had a good night and is bright and cheerful.

# Rev. G. A. Gordon Critically Ill.

BROOKLINE, Mass., Oct. 23 (AP).—The Rev. George A. Gordon, pastor of the Old South Church in Boston for forty-five years, was in a critical condition at his home here tonight after a paralytic stroke last Friday. He is 76 years old.

---

**READERS are requested to notify The New York Times whenever they are unable to obtain a copy of this newspaper at any news stand at a reasonable hour.**

The Times almost invariably is sold out early in the day on city stands, or soon after its arrival in other cities. Newsdealers cannot return unsold copies, and order only to supply the usual demand. The Times wishes, of course, to see that a sufficient number of copies are available to serve all regular readers.

Scoring unit: news-nyt-warder. Joined pages use the same full output.

THE NEW YORK TIMES, THURSDAY, OCTOBER 24, 1929.
31

STATE SAYS WARDER GOT BRIBE IN PERSON
Prosecutor Tells Jury Bank Head Received $10,000 From Ferrari Agent in Home.
TRACES COURSE OF CASH
Also Promises to Prove That Gratuity Won Immunity For Books of City Trust Co.
DEFENSE SPEECH WITHHELD
Former Aide of Accused Man on Stand Tells of Failure to Make Examinations.

Evidence that Frank H. Warder, former State Superintendent of Banks, took money directly from an agent of the late Francesco M. Ferrari, president of the defunct City Trust Company, was promised yesterday by Hiram C. Todd, Special Assistant District Attorney, in his opening address to the jury before which he is prosecuting Warder for accepting a bribe.

In his brief address Mr. Todd also promised to show that the money was paid to Warder to prevent the examination of his banking affairs required by law.

During the day only one witness was examined, George W. Egbert, chief bank examiner, who told of being instructed by Warder to withhold examinations of the City Trust Company affairs. Defense counsel on cross-examination sought to lay the responsibility for any negligence upon Warder's subordinates.

Mr. Warder sat, suave and well groomed, at the counsel table with his attorney, James I. Cuff, during the opening address.

Mr. Todd went on to say that the indictment charges Warder with accepting $10,000 "in consideration of which as Superintendent of Banks charged with the duty by law to make examinations of a bank, to omit such examination in the Fall of 1928."

Describes Transfer of Money.

"The manner in which this bribe was taken," Mr. Todd continued, "was not the character of transaction that men do in the middle of Broadway in daylight. We will show you bank slips from the withdrawal of the money in the bank by a trustee, DelMonico, its delivery to Ferrari's sick-bed—he was ill at the time—handed over in the presence of a second party in an unsealed envelope and then carried to the Hampton Flats home of the defendant and there handed to this defendant, Frank H. Warder, and the defendant took it out and counted it in his presence."

Mr. Todd then sketched for the benefit of the jury the inter-relations between the Harlem Bank of Commerce, the Atlantic State Bank and the City Trust Company, the final product of the mergers.

"Ferrari can be described," Mr. Todd continued, "as the usual type: man type, vivacious and cordial. He had the idea that any favors from the banking department could be purchased with money, as we shall prove."

Mr. Cuff jumped to his feet at this juncture with a demand that a juror be withdrawn and a mistrial declared, which Justice Tompkins overruled.

In moving a motive for a bribe Mr. Todd said that he would show that the assets of the bank had been invested in securities and loans made, "not only of questionable but of no value." He said that loans were made to friends of Ferrari or to his corporations without even taking notes and described how the syndicate of the Jalna Real Estate Corporation, "grew from $20,000 to $30,000, $50,000, $60,000, $75,000, $100,000 and finally to more than $150,000."

Mr. Todd said that in addition to the specific charge the State would bring witnesses to show dealings through the course of years between Ferrari and Warder, but "there are so many of these incidents I am not giving the details of each payment of money to the defendant, Frank H. Warder."

Defense Speech Withheld.

Mr. Cuff refused to make any opening address to the jury. He wanted to reserve his opening until after the State's case had been presented, but was instructed by Justice Tompkins that he would have to make his opening now or not at all.

"I am standing on my constitutional privilege," Mr. Cuff said.

"Then you don't want to open?" inquired Justice Tompkins, who had explained the ruling. "Call the first witness."

Mr. Egbert, taking the stand, eyed his former chief, identified the letters of examination of the Ferrari banks in November, 1927, and November, 1928, and told again the story he told to the Moreland commission of given secret or tacitly ordered to withhold the examination of Ferrari's banks by Mr. Warder.

Shortly before the noon recess Mr. Egbert was turned over to Mr. Cuff for cross-examination. The line of defense became immediately apparent. Mr. Cuff obtained from the witness admissions that it was he who had assigned Samuel Rauch, the examiner in charge of the City Trust examination, without instructions from Mr. Warder.

"When you selected him you had implicit confidence in him?" Mr. Cuff asked.

"I certainly did," Mr. Egbert replied.

Mr. Cuff then sought to show that in the faces of the figures in the examinations in both November, 1927, and in 1928, the bank was solvent, with capital and surplus unimpaired.

"Did Mr. Rauch report an impairment of the capital?" Mr. Cuff inquired.

"He did not," the witness replied.

Mr. Cuff showed by the figures in the report that with capital and surplus intact the bank would have had, in round figures, $856,000 to pay claims.

Traces Bank Reports.

Mr. Cuff then traced the routine of bank reports to show that, unless an unusual situation developed, the report would not go to the Superintendent immediately, but would be handled by the deputies, and that the disciplinary letter written to the

Sixth of Sing Sing Convicts Buy Newspaper Each Day
Special to The New York Times.
OSSINING, N. Y., Oct. 23.—One prisoner in every six quartered in Sing Sing Prison receives a daily newspaper regularly, it was disclosed today by prison authorities. This does that 335 newspapers enter the prison every day of which sixty are tabloids and the rest standard size.
There are 1,958 prisoners in Sing Sing, but about 500 of them either are illiterate or cannot read English.
Each subscriber passes his newspaper around, so nearly all of the 1,458 prisoners who can read English see a newspaper frequently, although many of them jack funds to subscribe for one.

institutions on the basis of the report would be prepared by a deputy superintendent and not seen by the superintendent until handed to him for his signature.

Mr. Egbert admitted that it was not unusual for a report to be examined for two months.

"They do not usually require drastic action? You write a disciplinary letter?"

"Yes, sir."

"Was that done with this report?"

"Yes."

"The banking superintendent must rely on the reports of his examiners?"

"Right."

Mr. Cuff then got the witness to admit that it was customary when a merger was in prospect to withhold the examination until the merger was finished and the bank settled on a charted routine. This had happened between the merger of the Atlantic State Bank with the Harlem Bank of Commerce and the change to the City Trust Company took place or about the time the examination should have been made.

In the afternoon Mr. Cuff attacked the witness with excerpts of his testimony before the Moreland Commission and succeeded in tangling him up on the number of times he had talked to Mr. Warder about withholding the examination. Mr. Egbert appeared to contradict himself until his redirect examination, the full transcript was read, clearing up the apparent discrepancies.

He aroused Mr. Cuff's ire by explaining his testimony to the Moreland hearings by saying:

"I was being pushed down as to whether I had the conversation with Mr. Warder or he had it with me, and realizing his position I did not know whether he pushed me or not."

This reply was stricken from the record on Mr. Cuff's motion.

Margaret Kennedy, another bank examiner, was on the stand briefly today. Others waiting to be heard are Reginald W. Pawling, third deputy superintendent, and Roger F. Molloy, an examiner.

WYNNE SEES CANCER AS FEDERAL PROBLEM
Tells Radio Audience Health Service of Government Is Best Fitted to Study Disease.

Although cancer is not a contagious disease, the riddle of its cause and means to its effective cure make it part of the general public health problem which must be dealt with by some governmental agency, Health Commissioner Shirley W. Wynne told radio listeners in his twenty-third health talk over Station WOR yesterday.

"I look to the Public Health Service of the United States Government," Dr. Wynne said, "to establish a well-organized department of cancer research, following the commendable precedent set by certain European Governments. The Federal Government should apportion adequate funds for such a purpose. There is more chance to do serious work by concentration on the problem from a government viewpoint than from a local handling of it, for the government's financial powers is on a position to engage in such research on a large scale.

"The government of Sweden took the lead and worked on the cancer problem some fifteen years ago when it purchased a large quantity of radium and placed it under the direction of men trained in the cancer and x-ray fields and study its effects. Both Norway and Denmark are rapidly following with the same method in meeting cancer as a public health problem. England is waking up too, and is beginning not only to realize the necessity of action in this serious situation, but to take definite action. In our own country, the State of Massachusetts alone, has taken the initiative and made cancer a part of its public health program."

Dr. Wynne showed statistically that cancer was on the increase in this city, and urged early physical examination in all cases in which the disease was suspected.

FOREIGN LAW EXPERTS ARE CAPITAL GUESTS
President and Mrs. Hoover to Be Among Hosts to Briarcliff Manor Institute Delegates.

Special to The New York Times.
WASHINGTON, Oct. 23.—The foreign delegates to the recent meeting at Briarcliff Manor of the Institute of International Law, numbering ninety and representing nearly every country in Europe and South America, arrived in Washington this morning on four Pullmans, to begin a crowded program which will keep them constantly occupied until they leave for New York Saturday morning to sail on the America for their respective homes.

President and Mrs. Hoover will receive the delegates with the ladies of their families accompanying them on Friday afternoon at 5 o'clock, before and after which time they will be entertained by members of the diplomatic corps and by others.

Tonight Senator Paul Hymans, the Belgian Ambassador and the Princess de Ligne, the Chilean Ambassador and Mme. Davila, the Minister of Switzerland and Mme. Peter and other members of the diplomatic corps for their respective countries, all the delegates meeting again at the reception which followed the dinner at the Belgian Embassy.

Dr. James Brown Scott of the Carnegie Endowment and Mrs. Scott, who went to Europe to escort the delegate body to this country, will see their guests off for New York Saturday morning, to sail on the America for their respective homes.

Dr. and Mrs. Scott will leave the same evening for Havana to attend the meeting there next week of the American Branch of the American Institute of International Law, of which Mr. Scott is president.

ATTACKS FALL PLEA FOR JURY SYMPATHY
Government in Argument Says "Doheny Got the Lease, Secretary Got the Money."
JURORS GET CASE TODAY
Justice Hitz Will Make Charge This Morning in Naval Oil Lands Bribe Trial.

Special to The New York Times.
WASHINGTON, Oct. 23.—The fate of Albert B. Fall, ex-Secretary of the Interior, now on trial in the criminal branch of the Supreme Court of the District of Columbia on the charge of having leased the Elk Hills Naval Oil Reserve to Edward L. Doheny in consideration of a bribe of $100,000, will be in the hands of the jury before noon tomorrow.

The arguments ended at 4 o'clock this afternoon, and Associate Justice Hitz will begin his charge to the jury at 10 o'clock tomorrow morning. The charge is not expected to last more than half an hour.

This, the final day of Fall's trial, again found the court room packed to capacity, while outside a hundred or more women sought in vain to gain entrance. The defense concluded its six hours of talking at noon and two hours later Owen J. Roberts of Philadelphia began the closing argument for conviction.

Mr. Roberts resorted to no theatricals. Instead, the government counsel, who talked only an hour and a half to sum up, talked to the jury like a business man presenting facts.

Doheny Wanted Lease, Fall Money.

Mr. Fall's physical condition, Mr. Roberts told the jury, was something that did not concern them in arriving at a decision as to his guilt or innocence. The court in the President is the agency charged with the exercise of clemency, mercy honesty, not the jury," said Mr. Roberts.

"Appeals to your sympathies and prejudices have no place in this case," said Mr. Roberts. "It is all poppy. There are four things of a controlling nature for you to remember. That is that Doheny wanted the lease of the Elk Hills. The second is that Fall wanted money. The third is Doheny got the lease, and the fourth is Fall got the money.

"Do not forget that this money from Doheny and the $230,000 or $269,000 Fall obtained from Sinclair is connected up with Fall's financing of property held in trust for you and for me and for all the people of the United States.

"This talk of a 'yellow peril,' this so-called Japanese 'war scare,' has nothing to do with the case. Neither has the claim that the Elk Hills Reservation was being drained. The only drainage in this case was from Doheny's to Fall's pocket.

Refers to Sinclair Payment.

"You saw an attempt yesterday—it is only dust thrown up in the effort to obscure a very simple issue."

Mr. Roberts argued that the defense's claim that the Doheny payment was prior to any negotiations between Fall and Doheny would not stand the test of investigation. Admittingly separate official documents in evidence prove the opposite to have been the case, declared Mr. Roberts.

The money transactions of Fall and Sinclair, in which neither note or other evidence of indebtedness or security existed, added Mr. Roberts, must be taken into consideration as throwing light on the real status of Fall's dealing with a member of the Harding Cabinet.

The defense used up the morning session with more pleas for acquittal by Mark B. Thompson, associate to Wilton J. Lambert of Washington and Frank J. Hogan of Phoenix, Ariz., the latter being Fall's personal counsel.

Judge Limits Defense Plea.

Mr. Thompson began with a plea for "this old man," who just forty-three years ago "on the deserts of the Southwest."

"One," said Mr. Thompson, "was a tin-horned young man; the other a black-haired young fellow from California."

Justice Hitz interrupted and told the lawyer to stick to the evidence.

"The color of Mr. Doheny's hair is not in evidence," came Justice Hitz.

Mr. Lambert made the final argument for the defense and used up his time emphasizing that under the legal code in addition a man to any crime guilt must be established beyond reasonable doubt.

GOV. ROOSEVELT CALLS SECOND PRISON PARLEY
He Summons Experts to Meet in Albany, Nov. 11 on Program for Institutions.

Special to The New York Times.
ALBANY, Oct. 23.—Governor Roosevelt has called a second conference to work out a program for correctional institutions for the State. The first one was held at the Governor's home in New York City on Sept. 18. The second will take place Nov. 11 in the executive chamber.

The Governor stated tonight that he had invited the following to attend:

Herbert H. Lehman, Lieutenant Governor.
Bernard M. Baruch, Commissioner of Probation.
Mrs. C. H. Hulett, president Prison Association of New York.
Dr. Hastings H. Hart, Russell Sage Foundation, New York City.
Leon C. Faulkner, president National Society of Penal Information, Inc., Auburn.
Adolph A. Lewisohn, president National Committee on Prisons and Prison Labor, New York City.
Sam Lewis, general secretary, American Prison Association, New York City.
E. R. Cass, general secretary, New York State Prison Commission, New York.
B. Roger Wales, chairman subcommittee on Penal Institutions on Government Operations, Elmira, N.Y.
John Knight, chairman Senate Committee on Rules, temporary president.
Masonic Gould, chairman Assembly Committee on Penal Institutions, Cobleskill.
John S. Kennedy, vice chairman State Correction Commission, New York City.
Mrs. Jane Hoey, member of the State Commission of Correction.
Harry M. Kaiser, warden Clinton prison.
William Hunt, warden Great Meadow prison.
Lewis E. Lawes, warden Sing Sing prison.
Dr. Frank L. Christian, superintendent Elmira, State Reformatory.
Dr. Walter N. Thayer, superintendent Institution of Defective Delinquents.
John A. Hall, general secretary National Crime Commission.
James Bennett, New York City.
Edgar I. Jennings, warden Auburn prison.

Air Mail Here From Buenos Aires in 11 Days,
Cutting 6 Days From Ship and Rail Time

Mail which left Buenos Aires eleven days before arrived in New York yesterday, coming all the way by air. It was the first air mail to be delivered at the New York postoffice under the recently signed contract between the Argentine Republic and Pan-American Airways. The planes cut approximately six days off steamer and rail time from the Argentine.

On Oct. 12 168 pounds of mail left the Buenos Aires postoffice. It was flown on that day across South America and over the Andes to Santiago, Chile, and thence up the west coast of South America to Cristobal. There the mail was turned over to Pan-American Airways and on Oct. 21, exactly on schedule, it was delivered to the postal authorities in Miami.

From Miami Pitcairn Aviation handled this first consignment and landed the mail at Hadley and Newark Airports yesterday morning at 5 o'clock.

Among the letters received in New York was one for Kent Cooper, general manager of The Associated Press, from Jorge Mitre, director of La Nacion, which said:

"The following lines will be forwarded to you by the first plane connecting this city in the newly established air service between your great country and the Argentine.

"It is a happy coincidence that this should occur on Columbus Day, the great holiday of the Americas, and it is my sincerest wish that it will mark in bringing together in closer intercourse both from a cultural and a business point of view the people of the New World, which, despite racial differences, have in common the same high ideals of two democracies fighting under the same."

The air mail service between Miami and Buenos Aires will be operated weekly, the planes leaving Buenos Aires and Miami on Saturday. Air mail posted in the New York general post office up to 6:30 o'clock Thursday evening will connect with the southbound Pan-American plane at Miami.

STRIKE IS AVERTED ON SUBWAY WORK
Delaney Announces Union Will Await His Efforts to Bring About Settlement.
HE CONFERS WITH LEADERS
Meets Contractors Today to Arrange a Parley Between Them and Workers.

John H. Delaney, chairman of the Board of Transportation, announced yesterday that the threatened strike of subway construction workers had been averted pending efforts on his part to mediate between the subway contractors and the union. His announcement followed a two-hour conference with representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.

Mr. Delaney will confer this afternoon with a committee from the General Contractors' Association, which will include all of the contractors now engaged on subway construction, it was announced. Efforts will be made at that time, it is understood, to lay the basis for a meeting between the representatives of the workmen and of the contractors to seek an agreement.

Arthur Johnson, president of the contractors' organization, promised Mr. Delaney that he would personally head the committee from his group this afternoon. John McPartlan, secretary of the Amalgamated Association of Building Trades; John Morgan, Hugh McGuire and Patrick Fleming represented the union at the conference yesterday.

It is understood that the union has demanded recognition and an increase in wages of about one-third more than those paid now. For concrete workers, muckers and common laborers who now receive $4.80 a day, the union will ask $7.20; for rock runners it has asked $9.50, and for drill runners' helpers, $7.50 a day.

There are about 5,000 or 6,000 men, most of them unskilled laborers, employed in subway work in the classification of rock muckers and common laborers. The union claims a membership of about 2,000 men among subway workers, but maintains that all "under-the-surface workers" come within its jurisdiction.

The organization, which is known as Compressed Air, Tunnel, Foundation and Sewer Workers Local 63 of the American Federation of Labor, was formed recently by the merging of a number of individual locals. Into the Compressed Air Workers local, it was revealed yesterday.

It is understood that most of the conference yesterday between Mr. Delaney and the union leaders was devoted to the union's jurisdiction under its charter from the American Federation of Labor and also to the question of what subway workers should be classified as skilled labor and which as drill runners and timber work.

FAVORS VAN LOON DIVORCE.
Referee Hears Historian Is Now Living With Second Wife.

A divorce decree is to be granted the former Frances Goodrich, actress, from Hendrik W. Van Loon, historian and essayist, it was indicated yesterday at a referee's hearing before Justice Gavegan.

Mr. Van Loon, who has been married three times, is at present living in Holland with his second wife, the former Helen Criswell.

Mr. Van Loon's first wife was Elizabeth Bowditch of Boston, whom he married in 1906. His marriage to Miss Criswell, who was graduated from Bryn Mawr College in 1904, took place in 1920. He was divorced from Miss Criswell in 1927 and in October that year he married Miss Goodrich at Paterson, N. J.

Following testimony yesterday that Mr. Van Loon had left his third wife and was living with his second, Herman Hoffman, referee, indicated rich's attorney to submit findings for a decree of divorce within ten days. When these findings have been signed and filed by the referee it is expected that the decree will be granted in the Supreme Court.

D. A. R. DEDICATES 'CONSTITUTION HALL'
Third of the Headquarters Buildings in Washington Will House the Society's Library.
BISHOP FREEMAN WARNS
He Condemns Loyalty That Salutes Flag and Covertly Evades the National Laws.

Special to The New York Times.
WASHINGTON, Oct. 23.—With impressive and colorful ceremonies, officers and members of the National Society of the Daughters of the American Revolution today joined in consecrating "Constitution Hall," the third of its headquarters buildings in Washington, which houses the society's library and an auditorium with a seating capacity of 5,000.

The building was dedicated to the memory of the founders of the Republic by Bishop Freeman in an address in which he congratulated members of the society on the achievement in adding so beautiful a structure to the upbuilding of the capital.

He urged them, however, to remember that the public services of women, individually or through organizations, however valuable, were exceeded in importance by the service it was their peculiar privilege and duty to render in the home.

American homes, said Bishop Freeman, are too prone to depend upon legislation and law-enforcing bodies to secure that respect for and obedience to law which is the result only of early teaching and character building. Without home training, he said the accredited Daughters, laws are of little avail.

"Keep ever a resolute purpose in mind us in forceful and well-considered language that no problem that confronts us or that so threatens to undermine our institutions is comparable to that which has to do with obedience for the sovereign laws of the State.

"There is a low-grade and all too widespread brand of patriotism that on public occasions, shows conspicuous respect and reverence for the flag and loudly defends laws that are suited to its purpose and will, but that in practice covertly and all too wantonly evades or covertly disobeys those laws that do not square with the high ends of our moral and physical well-being.

"An expressed loyalty that will not yield obedience to what is the fundamental law of the land, even though that law may run counter across private interests and concerns, is a loyalty that makes for the destruction to the ultimate weal and wealth of the State."

BRIDGE PLAYERS HOLD FOUR 13-CARD SUITS
The One Chance in a Million Occurs in London—Cards Were Well Shuffled.

Special Cable to The New York Times.
LONDON, Oct. 23.—The millionth chance of a freak hand in auction bridge occurred at the Carlton Hotel tonight when George du Cros dealt to himself thirteen diamonds, to Sir Charles Sykes on his left thirteen spades, to Sir Charles Mandelberg, his partner, thirteen clubs, and to A. G. Rossiter, thirteen hearts.

Mr. du Cros deliberately laid down his cards, asking "What can you do against this?" Sir Charles said: "Keep your cards up." whereupon the three players laid down their cards, exclaiming: "We've got thirteen each! It's a freak!"

Sir Charles declares that he shuffled the pack six or seven times before the deal.

"Mr. du Cros also shuffled before he dealt," said Sir Charles, "and, of course, told Mr. du Cros to pick up his cards because I saw that I had the winning hand. It is freakish, if you like, but they were all my holding thirteen spades, which is seven tricks in spades and unbeatable."

READERS are requested to notify The New York Times whenever they are unable to obtain a copy of this newspaper at any news stand at a reasonable hour.

The Times almost invariably is sold out early in the day on city stands, or soon after its arrival in other cities. Newsdealers cannot return unsold copies, and order only to supply the usual demand. The Times wishes, of course, to see that a sufficient number of copies are available to serve all regular readers.

TWO CLIENTS SLAY PATENT ATTORNEY
Brothers Shoot A. L. Applebaum in His Office and Are Seized After Hard Struggle.
ADMIT PLOTTING THE CRIME
Tell Police They Were Enraged by Victim's Delay in Getting Action on Marine Bicycle Invention.

Two shoemakers who deserted their lasts to attempt the invention of a marine bicycle admitted to Assistant District Attorney John J. Greene last night that they had carried out earlier in the day their prearranged plan to kill Aaron L. Applebaum, patent attorney, in his office at 41 Park Row, if he told them again that their application for a patent had been delayed. Applebaum was shot twice in the head, once in the hand, and severely beaten about the face, while on the floor, mortally wounded by the bullets.

The slayers are Pietro and Bernardo Dannas, brothers, 42 and 35 years old respectively, of 144 Roebling Street, Brooklyn. Pietro admitted having fired the shots, and both confessed that they had beaten the dying man and also that the murder was in accordance with the agreement reached between themselves on Tuesday evening. They were held without bail on a charge of homicide.

Attorney Aids Capture.

The prompt capture of the Dannas brothers was made possible by the courage and quick action of George McCauslan, an attorney, who with Applebaum and Lawrence C. French occupied a suite of offices on the ninth floor at the Park Row address.

Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Dannas brothers in a frenzy upon him, attacked the Dannas first with an electric fan and later with an iron bar.

The two brothers were arrested on the ninth floor of the building shortly afterward by Patrolman John Ryan after a hard fight in which he was assisted by a former elevator operator, and Russell C. O'Brien, 18 years old, an employee of the Board of Transportation. A curious crowd gathered in the ninth floor hallway, attracted by the fight, during which Ryan's revolver was once accidentally discharged.

Commissioner Whalen went to the scene as soon as he had heard of the shooting and led the investigation, aided by Chief Inspector John O'Brien and Deputy Chief Inspector Edward J. Mulrooney. Detectives and patrolmen were also from the Old Street station, According to Commissioner Whalen, Assistant District Attorney Greene and others what happened was this:

The Dannas, having tried in vain to write bicycles to go upon water, patented with the aid of Mr. Applebaum, four patent attorneys had previously been consulted and had told them that it was of no use, were enraged because the process had taken two weeks and had finally agreed they would kill him if he put them off again. Accordingly, Pietro Dannas stated, loaded with a 38-calibre pistol and the two brothers paid their customary visit to the patent lawyer shortly before eleven o'clock yesterday morning.

Mr. Applebaum occupied one of the three small, partitioned offices in the suite, the doors of all of which open on a narrow reception room. The Dannas were in this reception room when the attorney came out to meet them. A brief argument ensued. It was carried out in Italian, the language Applebaum and both brothers had Mr. Applebaum been able to express the true situation to them in Italian, the murder might not have happened.

Although Mr. Applebaum had told others in the office that he had been having trouble with the Dannas over their patent, no one had noticed that anything unusual was going on until three shots heard. Pietro is said to have admitted he fired the shots and right afterward. Either of the two shots that took effect in Applebaum's head was sufficient to cause death, the examining surgeon said. The bullet that pierced Mr. Applebaum's hand was said to have been fired after he had died.

As soon as the shots were fired, while the Dannas were beating him. Mr. French in his office and Mr. McCauslan rushed into the reception room. "The Dannas were in a red" when he beheld the two men pummeling the prostrate man. In the partition in front of his office was an electric fan. He snatched this up and attacked the brothers with it, aiming the heavy iron base at Pietro's head, which had the pistol in his hand which had held the gun and was pointing it at him. He smashed the fan over the brothers after shooting Applebaum to death.

Directing the fan at the brothers, Mr. McCauslan picked up an iron bar, and attacked them with that. After a few blows the armchair broke and McCauslan rushed out of the office.

With Deputy Police of Firearms L. I., the elevator starter, heard the shooting, he started up in one of the elevators and, at the sixth floor, took on Patrolman Ryan, who was in the building. When they reached the ninth floor, Ryan, followed by O'Brien who said he had "an axe to grind" was met by Dannas brothers.

Ryan, assisted by the former patrolman and starter got off the Dannas and both were placed under arrest, outside the door of Mr. Applebaum's office.

Brothers Attack Policeman.

Ryan demanded Pietro's pistol. Both Pietro and his brother Leonardo leaped upon the patrolman. Stains and young O'Brien joined the fight and McCauslan, returning, aided the officer and the two civilians.

The Dannas bit the hands of O'Brien and Stains painfully, but not seriously. They received numerous blows in return. The policeman was in charge of Ryan's revolver seemed to have been fired during the struggle, and were soon afterward subdued.

Commissioner Whalen thanked the three men for their aid in subduing the Dannas, and said later, after the brothers had been questioned at length and others had been interrogated, about ten weeks ago, that Mr. Applebaum had been murdered cold-bloodedly and as a result of premeditation.

Mr. Applebaum was 39 years old, married and the father of four children, the youngest of whom is only 13 months old. He lived at 611 Eighty-second Street, Brooklyn.

Mrs. Applebaum said her husband had been worried for some time about the inventors of the marine brothers. She collapsed when told that her husband had been killed.

As Will Rogers Looks Upon The New York City Campaign

To the Editor of The New York Times:
They are soon to have a city election here in New York City, and there is no more use getting excited over the outcome of it than you should over the outcome of a Presidential election, only the case is exactly reversed.

A Democrat can't win nationally because he runs out of Democratic voters, and a Republican can't even get a base on balls in this city because Republicans are too scarce. Then you can always leave it to a minority party, in any case, to split and run everybody they can think of.

So Jimmy Walker will win by perhaps the biggest majority of any candidate in years, and will then kick himself for getting up at 6:30 and 10 o'clock in the morning to make speeches.

If he even changes spats for this election he will be wasting time. Yours,
WILL ROGERS.

FIVE NEW SCHOOLS TO BE BUILT BY CITY
Board of Education Lets Contracts for Bronx and Brooklyn Institutions.
COST IS $1,060,000
New Buildings Will Seat 1,600 Pupils Each—Plans Are Approved for Others.

The Board of Education voted yesterday to award contracts at its meeting to give the school system five new buildings. Contracts were let for four of the five new school buildings, and plans were approved for another and for an addition.

The New Public School 103 will be constructed on Brady Avenue, near Holland Avenue, the Bronx, by the Sound View Building Corporation at a cost to the city of $1,050,000. The school will have 1,600 seats.

The D. M. W. Contracting Company will erect Public School 230 at Albemarle Road, near Dahill Road, in Brooklyn, for $528,000. The new building will provide accommodation for 1,646 pupils.

Plans were approved for the construction of the new Walton High School at Jerome and Reservoir Avenues, The Bronx. The cost is estimated at $3,500,000 for 3,500 pupils.

The board plans to build an addition to Public School 102 in the Van Wyck section, near Elmhurst, Queens, at an estimated cost of $806,000. The new addition will increase the school capacity by 2,100.

Approval was given to plans for a total of $333,345 for mechanical equipment in Public School 230 and 250 in Brooklyn.

On the recommendation of the board of superintendents, Joachim S. Charnay was appointed principal of Public School 92 and George D. Lewis of Public School 30, both of the Bronx.

The board received a communication from the superintendents announcing the establishment of 38 additional short-time classes. Short-time classes will be opened in Public Schools 21 and 41, the Bronx; 114, Brooklyn, and 39, 134 and 144, Queens. Public School 80, the Bronx, will establish two short-time classes due to overcrowding.

The board approved the selection of a site for a school in the Canarsie section of Brooklyn, and of a playground space for Public School 21, Manhattan.

BUDGET PROBLEMS BALK SCHOOL GROUP
Retardation Committee Finds Itself Overloaded by Five 'Referred' Questions.

The practice of the budget committee of the Board of Education of disposing of requests for the expansion or improvement of various educational services by referring them to a committee appointed to study the special problem of retardation proved a boomerang yesterday. The sound was criticized in particular meeting by Superintendent William J. O'Shea that the retardation committee is being loaded with problems in an effort to avoid increasing the budget committee last Summer.

Associate Superintendent Margaret McCooey in chairman of the group, which also consists of the committee on "retardation, truancy and problems of conduct, and personality," under when the budget committee, headed by Commissioner Arthur S. Somers, was finding difficulty in granting requests for additional speech teachers, and various other school services, they were referred to Miss McCooey's committee. The problems submitted are so varied and difficult, Superintendent O'Shea reported, that the group could not do justice to them. School expansion was being delayed and the specialists' committee would be needed for their special task instead of taking any one of the problems submitted to Miss McCooey.

Dr. O'Shea asked the board to permit him to appoint additional committees to study the five problems, but the request was withdrawn from the calendar at the last moment. However, the superintendent said he was going to make the new appointments soon.

The problems to be reassigned are the question of the need of additional teachers of drawing, speech, sewing and health; teachers of home-making and shopwork; a Summer evening secondary school, adult classes, and employment for persons on eligibility lists.

SAVES BOY FROM CHAIR.
Pennsylvania Board Commutes Harvey Feathers's Death Sentence.
HARRISBURG, Pa., Oct. 23 (AP).—The State Board of Pardons today commuted the death sentence of Harvey Feathers, 17-year-old Bedford County slayer, to life imprisonment.
Feathers was sentenced to die in the electric chair Oct. 28 for the murder of Beatrice Cluck, 14, in Field Township, Blair County, during an attempted assault. His brother Willis, a deaf mute, was given life imprisonment.

L. W. SEAMAN'S WILL CHARITIES $5,000,000
Broker's Will Divides More Than $1,000,000 Among Thirteen Relatives and Friends.
RESIDUE PLACED IN TRUST
From It Executors Will Make Further Gifts to Charity Put at More Than $2,000,000.
ONE BEQUEST EXPLAINED
Stay in Roosevelt Hospital After Injury Brought Knowledge of Its Needs to Financier.

Lloyd W. Seaman, retired stock broker, who died Sunday at Roosevelt Hospital, left more than $5,000,000 to New York City charities, it was disclosed yesterday when his will was filed for probate. Slightly more than $1,000,000 is to be divided among thirteen relatives and friends, while specific charitable bequests total $3,250,000. The residuary estate is left in trust for charities in the city to be selected by the executors, and this trust fund, it was estimated yesterday, will certainly exceed $2,000,000, and possibly will exceed $3,000,000.

Mr. Seaman was a member of an old New York family and had lived for two-thirds of his home at the Apthorp Apartments, Broadway and 78-79th Street, for two decades. Prior to that time he was a member of the firm of Post, Flagg & Co., later forming the firm of Chapman & Seaman. His closest surviving relative is a sister, Mrs. Ruth Seaman Woodward of Redlands, Cal.

Executors Have Free Hand.

The trust established by Mr. Seaman's will receives the residue after total specific bequests of $4,290,000 have been paid. Both the executors, said yesterday that they had had no idea of even a rough estimate of the probable amount of this residue.

Other than that the charities selected must be in New York City the executors, who are former Federal Judge William L. Wemple of Yonkers; Joseph D. Godfrey of Greenlawn, L. I., who handled Mr. Seaman's personal affairs for many years, and the Guaranty Trust Company, are given a free hand in administering the trust.

Of the specific charitable bequests, the largest are of $1,000,000 each to the Salvation Army, without regard to its religious, charitable, and missionary work; to Roosevelt Hospital, "for medical treatment of the poor only"; and to the Charity Organization Society, "for the relief of the poor." St. Luke's Hospital, New York receives $100,000, as a memorial to Mr. Seaman's father and St. John's Riverside Hospital, in Yonkers, receives $25,000 as a memorial to his mother. A bequest of $100,000 is made also to the Manhattan Eye and Ear Hospital.

Accident Brought Contact.

Mr. Seaman contributed regularly during his lifetime to all the institutions named in his will, with the exception of Roosevelt Hospital, according to Mr. Godfrey. The first contact there was in January, 1925, when he was treated in an emergency, Mr. Budd said yesterday that he believed the treatment received then was what persuaded him to make the bequest.

"He was crossing Broadway at Seventy-ninth Street to go to his home in the Apthorp Apartments," Mr. Budd said, "when he was hit by a Broadway surface car. He was taken to the Roosevelt Hospital, where his leg was amputated. While there he learned of the work done by this institution among the city's unfortunates."

The trust fund is established by the twentieth clause of the will, which reads as follows:

"All of the rest, residue and remainder of my estate, of any and whatsoever nature or description, I give, devise and bequeath to my executors hereinafter named, in trust nevertheless, and with the power to distribute the same for the uses and purposes following, that is to say: My said executors shall select such worthy charities, incorporated under the laws of the State of New York, as in their discretion and judgment shall seem proper, and shall divide the said residue among such charities and in such proportions and amounts as to my said executors shall seem proper."

The bequests to relatives and friends, none of whom resides in the State of New York, but who all appear in the will, are as follows:
RUTH SEAMAN WOODWARD, a sister, of Redlands, Cal., $500,000.
JOSEPH D. GODFREY, executor and business associate, $100,000.
Mrs. RUTH SEAMAN WOODWARD, $100,000.
ANNIE SCHLEY VOIGHT, a cousin, of Washington, D. C., $100,000.
ELEANOR FITCH, a cousin, Rochester, N. Y., $100,000.
HEWLETT P. SEAMAN, a cousin, 34 West Walnut Street, South Orange, N. J., $50,000.
LLOYD I. SEAMAN, a cousin, Greenwood Lake, N. J., $50,000.
CLARENCE SEAMAN, 800 Summit Av., South Orange, N. J., $50,000.
HOWARD SEAMAN, a cousin, 55 West Twentieth Street, East Orange, N. J., $25,000.
WOODRUFF SMITH, a boyhood friend, of Yonkers, $10,000.
ANNAH MORGAN SUTHERLAND, a cousin, 108 Green Street, Canandaigua, N. Y., $10,000.
Dr. ROBERT S. ADAMS, personal physician and friend, of the City Club, 55 West 44th Street, New York, $10,000.
MINNIE HARANDIN, a cousin, Park Av., Canandaigua, $10,000.

The will was made Oct. 2, just eighteen days before Mr. Seaman died. He was still at his home at the Apthorp Apartments at that time, and although he was a semi-invalid as a result of the loss of his leg, he was not yet ill at the time. Practically the entire estate, Mr. Budd said, is in securities.

Bishop Fallon Is Much Improved.
LONDON, Ont., Oct. 23 (Canadian Press).—The Right Rev. M. F. Fallon, Bishop of the Roman Catholic diocese of London, seemed today to be gradually improving from the collapse of his illness which it was feared a few days ago would be fatal. He is still weak, the official report said, but had a good night and is bright and cheerful.

Rev. G. A. Gordon Critically Ill.
BROOKLINE, Mass., Oct. 23 (AP).—The Rev. George A. Gordon, pastor of the Old South Church in Boston for forty-five years, was in a critical condition at his home here today after a paralytic stroke last Friday. He is 76 years old.

Scoring unit: news-nyt-warder. Joined pages use the same full output.

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Scoring unit: news-nyt-warder. Joined pages use the same full output.

<div data-bbox="343 23 639 34" data-label="Page-Header"><p>THE NEW YORK TIMES, THURSDAY, OCTOBER 24, 1929.</p></div>
<div data-bbox="27 39 146 73" data-label="Section-Header"><p>STATE SAYS WARDER GOT BRIBE IN PERSON</p></div>
<div data-bbox="27 73 146 115" data-label="Text"><p>Prosecutor Tells Jury Bank Head Received $10,000 From Ferrari Agent in Home.</p></div>
<div data-bbox="27 125 146 136" data-label="Section-Header"><p>TRACES COURSE OF CASH</p></div>
<div data-bbox="27 136 146 175" data-label="Text"><p>Also Promises to Prove That Gratuity Won Immunity for Books of City Trust Co.</p></div>
<div data-bbox="27 185 146 196" data-label="Section-Header"><p>DEFENSE SPEECH WITHHELD</p></div>
<div data-bbox="27 196 146 235" data-label="Text"><p>Former Aide of Accused Man on Stand Tells of Failure to Make Examinations.</p></div>
<div data-bbox="27 235 146 445" data-label="Text"><p>Evidence that Frank H. Warder, former State Superintendent of Banks, took money directly from an agent of the late Francesco M. Ferrari, president of the defunct City Trust Company, was promised yesterday by Justice C. Todd, Special Agent District Attorney, in his opening address to the jury before which he is prosecuting Warder for accepting bribes.</p></div>
<div data-bbox="27 445 146 456" data-label="Section-Header"><p>Describes Transfer of Money.</p></div>
<div data-bbox="27 456 146 535" data-label="Text"><p>"The manner in which this bribe was taken," Mr. Todd continued, "was not the character of transaction that men do in the middle of Broadway in daylight. We will show you each step from the withdrawal of the money in the bank by a trust lieutenant, its delivery to Ferrari's sick-bed—he was ill at the time—second party in an unsealed envelope and then carried to the Riverside Hotel, where it was left in the safe, then handed to this defendant, Frank H. Warder, and the defendant went out and counted it in his presence."</p></div>
<div data-bbox="27 535 146 615" data-label="Text"><p>Mr. Todd then sketched for the benefit of the jury the transactions between the Harlem Bank of Commerce and the Atlantic Trust Company, the City Trust Company, the final product of the merger.</p></div>
<div data-bbox="27 615 146 705" data-label="Text"><p>Mr. Todd continued, "as the super-salesman type, vivacious and cordial. He had the idea that the bank, the banking department could be purchased with money, as we shall see."</p></div>
<div data-bbox="27 705 146 716" data-label="Section-Header"><p>Defense Speech Withheld.</p></div>
<div data-bbox="27 716 146 775" data-label="Text"><p>Mr. Todd refused to make any opening address to the jury. He wanted to reserve his opening until after the State's case had been presented, but was instructed by Justice Tompkins that he would have to make his opening then or not at all.</p></div>
<div data-bbox="27 775 146 845" data-label="Text"><p>Mr. Todd continued, "I am standing on my constitutional privilege." Mr. Todd then went on to say that the indictment charged him with the receipt of $10,000 "in consideration of which as Superintendent of Banks charged with the duty by law to make examinations of a bank, to omit such examination in the Fall of 1922."</p></div>
<div data-bbox="27 845 146 856" data-label="Section-Header"><p>Describes Transfer of Money.</p></div>
<div data-bbox="27 856 146 915" data-label="Text"><p>"The manner in which this bribe was taken," Mr. Todd continued, "was not the character of transaction that men do in the middle of Broadway in daylight. We will show you each step from the withdrawal of the money in the bank by a trust lieutenant, its delivery to Ferrari's sick-bed—he was ill at the time—second party in an unsealed envelope and then carried to the Riverside Hotel, where it was left in the safe, then handed to this defendant, Frank H. Warder, and the defendant went out and counted it in his presence."</p></div>
<div data-bbox="27 915 146 926" data-label="Section-Header"><p>Traces Bank Reports.</p></div>
<div data-bbox="27 926 146 975" data-label="Text"><p>Mr. Todd then traced the routine of bank reports to show that, unless an unusual situation develops, the report would be made by the superintendent immediately, but would be handled by the deputies and then the disciplinary letter written to the</p></div>
<div data-bbox="156 45 256 65" data-label="Section-Header"><p>Sixth of Sing Sing Convicts Buy Newspaper Each Day</p></div>
<div data-bbox="156 65 256 155" data-label="Text"><p>Special to The New York Times. OSSINGING, N. Y., Oct. 23.—One prisoner in Sing Sing prison receives a daily newspaper regularly, it was disclosed today by prison authorities. They said that 300 newspapers enter the prison every day of which sixty are for convicts and the rest standard size.</p></div>
<div data-bbox="156 155 256 245" data-label="Text"><p>There are 1,938 prisoners in Sing Sing, but about 150 of these either are illiterate or cannot read English.</p></div>
<div data-bbox="156 245 256 335" data-label="Text"><p>Each subscriber passes his newspaper around and receives one of the 1,500 prisoners who can read English see a newspaper frequently, although many of them lack funds to subscribe for one.</p></div>
<div data-bbox="156 335 256 445" data-label="Text"><p>Institutions on the basis of the report were prepared by a deputy superintendent and not seen by the superintendent until handed to him for his signature. He then wrote a disciplinary letter.</p></div>
<div data-bbox="156 445 256 465" data-label="Section-Header"><p>WYNNE SEES CANCER AS FEDERAL PROBLEM</p></div>
<div data-bbox="156 465 256 495" data-label="Text"><p>Tells Radio Audience Health Service of Government Is Best Filled to Study Disease.</p></div>
<div data-bbox="156 495 256 555" data-label="Text"><p>Although cancer is not a contagious disease, the riddle of its cause and means to its effective cure make it part of the general public health problem which must be dealt with by some governmental agency, Health Commissioner Shirley W. Wynne told radio listeners in his twenty-first health talk over Station WHEAP yesterday.</p></div>
<div data-bbox="156 555 256 615" data-label="Text"><p>I look to the Public Health Service of the United States Government, which has a public health service, a well-organized department of cancer research, following the commendation of the American Cancer Association.</p></div>
<div data-bbox="156 615 256 715" data-label="Text"><p>Mr. Todd continued, "as the super-salesman type, vivacious and cordial. He had the idea that the bank, the banking department could be purchased with money, as we shall see."</p></div>
<div data-bbox="156 715 256 726" data-label="Section-Header"><p>Foreign Law Experts Are Capital Guests</p></div>
<div data-bbox="156 726 256 775" data-label="Text"><p>President and Mrs. Hoover to Be Among Hosts to Briarcliff Manor Institute Delegates.</p></div>
<div data-bbox="156 775 256 845" data-label="Text"><p>Special to The New York Times. WASHINGTON, Oct. 23.—The foreign delegates at the recent meeting at Briarcliff Manor of the Institute of International Law, numbering ninety and representing nearly every country in Europe and South America, were there yesterday morning to find awaiting them a crowded program which will keep them constantly occupied until they leave for New York Saturday morning to sail on the America for their return trip.</p></div>
<div data-bbox="156 845 256 915" data-label="Text"><p>President and Mrs. Hoover will remain at the estate of the State, where they will be entertained by members of the diplomatic corps and by others.</p></div>
<div data-bbox="156 915 256 975" data-label="Text"><p>Mr. Todd then traced the routine of bank reports to show that, unless an unusual situation develops, the report would be made by the superintendent immediately, but would be handled by the deputies and then the disciplinary letter written to the</p></div>
<div data-bbox="266 39 376 73" data-label="Section-Header"><p>ATTACKS FALL PLEA FOR JURY SYMPATHY</p></div>
<div data-bbox="266 73 376 105" data-label="Text"><p>Government in Argument Says "Doheny Got the Lease, Secretary Got the Money."</p></div>
<div data-bbox="266 105 376 115" data-label="Section-Header"><p>JURORS GET CASE TODAY</p></div>
<div data-bbox="266 115 376 145" data-label="Text"><p>Justice Hitz Will Make Charge This Morning in Naval Oil Lands Bribe Trial.</p></div>
<div data-bbox="266 145 376 245" data-label="Text"><p>Special to The New York Times. WASHINGTON, Oct. 23.—The fate of Albert B. Fall, ex-Secretary of the Interior, now on trial in the criminal branch of the United States Court of District of Columbia on the charge of having leased the Elk Hills Naval Oil Reserve to Edward L. Doheny in consideration of a bribe of $100,000, will be in the hands of the jury before noon tomorrow.</p></div>
<div data-bbox="266 245 376 335" data-label="Text"><p>The trial opened at 4 o'clock this afternoon, and Associate Justice Hitz will begin his charge to the jury at 10 o'clock tomorrow morning.</p></div>
<div data-bbox="266 335 376 445" data-label="Text"><p>Mr. Robert, "It is all simple. There are four things of a case. One is that Doheny wanted the lease of the Elk Hills. The second is that Doheny got the lease. The third is that Doheny got the money. The fourth is that Doheny got the money."</p></div>
<div data-bbox="266 445 376 555" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="266 555 376 615" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="266 615 376 626" data-label="Section-Header"><p>Judge Limits Defense Plea.</p></div>
<div data-bbox="266 626 376 715" data-label="Text"><p>Mr. Thompson began with a plea for two years' imprisonment, but was refused by the court. The court then allowed a plea of guilty, and the defendant was sentenced to three years' imprisonment.</p></div>
<div data-bbox="266 715 376 726" data-label="Section-Header"><p>GOV. ROOSEVELT CALLS SECOND PRISON PARLEY</p></div>
<div data-bbox="266 726 376 775" data-label="Text"><p>He Sammons Experts to Meet in Albany, Nov. 11 on Program for Institutions.</p></div>
<div data-bbox="266 775 376 845" data-label="Text"><p>Special to The New York Times. ALBANY, Oct. 23.—Governor Roosevelt called a second conference to study a program for correctional institutions of the State. The first one was held at the Governor's home in New York City on Sept. 12, and the second will take place Nov. 11 in the State Prison.</p></div>
<div data-bbox="266 845 376 915" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="266 915 376 975" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="386 39 606 65" data-label="Section-Header"><p>Air Mail Here From Buenos Aires in 11 Days, Cutting 6 Days From Ship and Rail Time</p></div>
<div data-bbox="386 65 606 125" data-label="Text"><p>Mail which left Buenos Aires eleven days before arrived in New York yesterday, coming all the way by air. It was the first air mail to be delivered at the New York post-office under the recently signed contract between the Argentine Republic and Pan-American Airways.</p></div>
<div data-bbox="386 125 606 215" data-label="Text"><p>On Oct. 12 163 pounds of mail left the Buenos Aires postoffice. It was flown on that day across South America and over the Andes to Santiago, Chile, and thence via the west coast of South America to Cristobal. The mail was turned over to Pan-American Airways and on Oct. 21, exactly on schedule, it was delivered to the postal authorities in Miami.</p></div>
<div data-bbox="386 215 606 245" data-label="Section-Header"><p>STRIKE IS AVERTED ON SUBWAY WORK</p></div>
<div data-bbox="386 245 606 275" data-label="Text"><p>Delaney Announces Union Will Await His Efforts to Bring About Settlement.</p></div>
<div data-bbox="386 275 606 335" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="386 335 606 346" data-label="Section-Header"><p>HE CONFERS WITH LEADERS</p></div>
<div data-bbox="386 346 606 445" data-label="Text"><p>Meets Contractors Today to Arrange a Parley Between Them and Workers.</p></div>
<div data-bbox="386 445 606 555" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="386 555 606 566" data-label="Section-Header"><p>FAVORS VAN LOON DIVORCE.</p></div>
<div data-bbox="386 566 606 615" data-label="Text"><p>Refers Hears Historian Is Now Living With Second Wife.</p></div>
<div data-bbox="386 615 606 715" data-label="Text"><p>Mr. Van Loon's first wife, Elizabeth Bowditch of Boston, whom he married in 1906, his marriage to Miss Cisswell, who was graduated from Bryn Mawr College in 1904, took place in 1920. He was divorced from Miss Cisswell in 1927 and in October, 1928, he married Miss Goodrich at Paterson, N. J.</p></div>
<div data-bbox="386 715 606 726" data-label="Section-Header"><p>READERS ARE REQUESTED TO NOTIFY THE NEW YORK TIMES</p></div>
<div data-bbox="386 726 606 845" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="386 845 606 915" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="386 915 606 975" data-label="Text"><p>Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, to lay the basis for a meeting between the representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.</p></div>
<div data-bbox="616 39 726 73" data-label="Section-Header"><p>TWO CLIENTS SLAY PATENT ATTORNEY</p></div>
<div data-bbox="616 73 726 105" data-label="Text"><p>Brothers Shoot A. L. Applebaum in His Office and Are Seized After Hard Struggle.</p></div>
<div data-bbox="616 105 726 115" data-label="Section-Header"><p>ADMIT PLOTTING THE CRIME</p></div>
<div data-bbox="616 115 726 145" data-label="Text"><p>Tell Police They Were Enraged by Victim's Delay in Getting Action on Marine Bicycle Invention.</p></div>
<div data-bbox="616 145 726 245" data-label="Text"><p>Two shoemakers who deserted their clients to attempt the invention of a marine bicycle admitted to Assistant District Attorney John J. O'Brien that they had been enraged by the delay in getting action on their invention.</p></div>
<div data-bbox="616 245 726 256" data-label="Section-Header"><p>ATTORNEY AIDS CAPTURE.</p></div>
<div data-bbox="616 256 726 335" data-label="Text"><p>The prompt capture of the Danna brothers was made possible by the courage and quick action of George McCauslan, a former associate of Applebaum and Lawrence C. French occupied a suite of offices on the ninth floor at the Park Row address.</p></div>
<div data-bbox="616 335 726 445" data-label="Text"><p>Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Danna brothers, rushed to the scene and found the body of Mr. Applebaum lying on the floor.</p></div>
<div data-bbox="616 445 726 555" data-label="Text"><p>Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Danna brothers, rushed to the scene and found the body of Mr. Applebaum lying on the floor.</p></div>
<div data-bbox="616 555 726 615" data-label="Text"><p>Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Danna brothers, rushed to the scene and found the body of Mr. Applebaum lying on the floor.</p></div>
<div data-bbox="616 615 726 715" data-label="Text"><p>Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Danna brothers, rushed to the scene and found the body of Mr. Applebaum lying on the floor.</p></div>
<div data-bbox="616 715 726 845" data-label="Text"><p>Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Danna brothers, rushed to the scene and found the body of Mr. Applebaum lying on the floor.</p></div>
<div data-bbox="616 845 726 915" data-label="Text"><p>Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Danna brothers, rushed to the scene and found the body of Mr. Applebaum lying on the floor.</p></div>
<div data-bbox="616 915 726 975" data-label="Text"><p>Mr. McCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Danna brothers, rushed to the scene and found the body of Mr. Applebaum lying on the floor.</p></div>
<div data-bbox="736 39 846 65" data-label="Section-Header"><p>As Will Rogers Looks Upon The New York City Campaign</p></div>
<div data-bbox="736 65 846 125" data-label="Text"><p>To the Editor of The New York Times: They are soon to have a city election here in New York City, and there is no more use getting excited over the outcome of it than you should over the outcome of the recent election, only the case is exactly reversed.</p></div>
<div data-bbox="736 125 846 215" data-label="Text"><p>A Democrat can't win nationally because he runs out of Democrats too soon, and a Republican can't even get a base on balls in the city. You can always leave it to a minority party, in any campaign, to split and run everybody who can think of it.</p></div>
<div data-bbox="736 215 846 226" data-label="Section-Header"><p>ONE BEQUEST EXPLAINED</p></div>
<div data-bbox="736 226 846 245" data-label="Text"><p>Stay in Roosevelt Hospital After Injury Brought Knowledge of Its Needs to Financier.</p></div>
<div data-bbox="736 245 846 335" data-label="Text"><p>Lloyd W. Seaman, retired stock broker, who died Sunday at Roosevelt Hospital, left more than $3,000,000 to New York City charities. It was disclosed yesterday when his will was filed for probate.</p></div>
<div data-bbox="736 335 846 346" data-label="Section-Header"><p>FIVE NEW SCHOOLS TO BE BUILT BY CITY</p></div>
<div data-bbox="736 346 846 375" data-label="Text"><p>Board of Education Lets Contracts for Bronx and Brooklyn Institutions.</p></div>
<div data-bbox="736 375 846 445" data-label="Text"><p>New Buildings Will Seat 1,600 Pupils Each—Plans Are Approved for Others.</p></div>
<div data-bbox="736 445 846 555" data-label="Text"><p>The Board of Education voted yesterday afternoon at its semi-monthly meeting to give the school system five new buildings. Contracts were awarded for the construction of two buildings, and plans were approved for the erection of three more.</p></div>
<div data-bbox="736 555 846 615" data-label="Text"><p>The new Public School 105 will be constructed on Brady Avenue, near Holland Avenue, the Bronx, by the School Board of Education. The cost is estimated at $3,250,000 for 3,700 seats.</p></div>
<div data-bbox="736 615 846 715" data-label="Text"><p>The board plans to construct a new building on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="736 715 846 845" data-label="Text"><p>The board also approved the construction of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="736 845 846 915" data-label="Text"><p>The board also approved the construction of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="736 915 846 975" data-label="Text"><p>The board also approved the construction of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="856 39 966 73" data-label="Section-Header"><p>L.W. SEAMAN LEFT CHARITIES $5,000,000</p></div>
<div data-bbox="856 73 966 105" data-label="Text"><p>Brother's Will Divides More Than $1,000,000 Among Thirteen Relatives and Friends.</p></div>
<div data-bbox="856 105 966 115" data-label="Section-Header"><p>RESIDUE PLACED IN TRUST</p></div>
<div data-bbox="856 115 966 145" data-label="Text"><p>From It Executors Will Make Further Gifts to Charity Put at More Than $2,000,000.</p></div>
<div data-bbox="856 145 966 215" data-label="Text"><p>Mr. Seaman contributed regularly during his lifetime to all the hospitals and schools of the city. He was a member of the board of directors of the New York City Hospital Association.</p></div>
<div data-bbox="856 215 966 226" data-label="Section-Header"><p>BUDGET PROBLEMS</p></div>
<div data-bbox="856 226 966 245" data-label="Text"><p>BALK SCHOOL GROUP</p></div>
<div data-bbox="856 245 966 335" data-label="Text"><p>Retardation Committee Finds Itself Overloaded by Five "Referred" Questions.</p></div>
<div data-bbox="856 335 966 445" data-label="Text"><p>The practice of the budget committees of the Board of Education of disposing of requests for the extension or establishment of various educational services by referring them to the appropriate committee is causing a backlog of requests.</p></div>
<div data-bbox="856 445 966 555" data-label="Text"><p>The board approved the selection of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="856 555 966 615" data-label="Text"><p>The board also approved the construction of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="856 615 966 715" data-label="Text"><p>The board also approved the construction of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="856 715 966 845" data-label="Text"><p>The board also approved the construction of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="856 845 966 915" data-label="Text"><p>The board also approved the construction of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>
<div data-bbox="856 915 966 975" data-label="Text"><p>The board also approved the construction of a new school on the site of the old Bronx High School at 108th Street and Roosevelt Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.</p></div>

Scoring unit: news-nyt-warder. Joined pages use the same full output.

<file name="news-nyt-warder.pdf">
THE NEW YORK TIMES, THURSDAY, OCTOBER 24, 1939.

# STATE SAYS WARDEN GOT BRIDE IN PERSON

Prosecutor Tells Jury Bank Head Retained $10,000 From Ferrari Apart in Homs.

## TRACES COURSE OF CASH

Also Promises by Bons That Gratuity Was Intensity For Books at City Trust Co.

## DEFENSE SPEECH WITHHELD

Former Side of Assused War of Bons: The Case of Nature to State Substitutions.

Business Unit Placed 35, Warden Bureau Says Superintendent, By Books, took money directly from an agent of the two Prosecutors by the State of New York, and the State of Texas' Congress, who promised yesterday to District U. State, State of Texas, to have a $10,000 fine of $10,000 worth of income, payable to the bank.

## BRIEFING

Bonded in the New York Times, Washington, May 15, 1939, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government, the government.

Mr. Tuck, and his son, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the attorney, the

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Scoring unit: news-nyt-warder. Joined pages use the same full output.

# THE NEW YORK TIMES, THURSDAY, OCTOBER 24, 1929. 31

## STATE SAYS WARDER GOT BRIBE IN PERSON

### Prosecutor Tells Jury Bank Head Received $10,000 From Ferrari Agent in Home.

### TRACES COURSE OF CASH

Also Promises to Prove That Gratuity Won Immunity for Books of City Trust Co.

### DEFENSE SPEECH WITHHELD

Former Aide of Accused Man on Stand Tells of Failure to Make Examinations.

Evidence that Frank H. Warder, former State Superintendent of Banks, took money directly from an agent of the late Francesco M. Ferrari, president of the defunct City Trust Company, was promised yesterday by Hiram C. Horan, Assistant District Attorney, in his opening address to the jury before which he is prosecuting Warder for accepting bribes.

In his brief address Mr. Todd also promised to show that the money was paid by Ferrari to prevent the examination of his banking affairs required by law.

During the day only one witness was examined, George W. Egbert, chief bank examiner, who told of being instructed by Warder to withhold examinations of the City Trust Company affairs. Defense counsel on cross-examination sought to lay the responsibility for any negligence upon Warder’s subordinates.

Mr. Warder sat, suave and well groomed, at the counsel table with his attorney, James L. Cuff, during the opening address.

Mr. Todd went on to say that the indictment charges Warder with accepting $10,000 “in consideration of which as Superintendent of Banks charged with the duty by law to make examinations of a bank, to omit such examination in the Fall of 1928.”

#### Describes Transfer of Money.

“The manner in which this bribe was taken,” Mr. Todd continued, “was not the character of transaction that men do in the middle of Broadway in daylight. We will show you each step from the withdrawal of the money in the bank by a trusted lieutenant. Its delivery to Ferrari’s sick-bed—he was ill at the time—handed over in the presence of a second party in an unsealed envelope and then carried to the Riverside Drive residence of the defendant and there handed to his defendant, Frank H. Warder, and the defendant took it out and counted it in his presence.”

Mr. Todd then sketched for the benefit of the jury the inter-relations between the Harlem Bank of Commerce, the Atlantic State Bank and the City Trust Company, the final product of the merger.

“Ferrari can be described,” Mr. Todd continued, “as the super-salesman type, vivacious and cordial. He had the idea that any favors from the banking department could be purchased within money, as we shall show.”

Mr. Cuff jumped to his feet at this juncture with a demand that a juror be withdrawn and a mistrial declared, which Justice Tompkins overruled.

To provide a motive for a bribe Mr. Todd said that he would show that he assets of the bank had been invested in securities and loans made, most of quotations below par of no value. He said that loans were made to friends of Ferrari or to his corporations without even taking notes and described how the overdraft of the Ann R. Realty Corporation, “grew from $20,000 to $30,000, $50,000, $60,000, $70,000, $100,000 and finally to more than $150,000.”

Mr. Todd said that in addition to this specific evidence the State would bring witness to show dealings through the house of years between Ferrari and Warder, but there are no many of these incidents I am not giving the details of each payment of money to the defendant, Frank H. Warder.”

#### Defense Speech Withheld.

Mr. Cuff refused to make any opening address to the jury. He wanted to reserve his opening until after the State’s case had been presented, but was instructed by Justice Tompkins that he would have to make his opening then or not at all.

“I am standing on my constitutional privilege,” Mr. Cuff said. “Then you don’t want to open?” inquired Justice Tompkins, who had explained the ruling. “Call the first witness.”

Mr. Egbert, taking the stand, eyed his former chief, identified the record of examinations of the Ferrari bank in November, 1927, and November, 1928, and told again the story he had to the Moreland commission in great detail of being ordered to withhold the examination of Ferrari’s banks by Mr. Warder.

Shortly before the noon recess Mr. Egbert was turned over to Mr. Cuff for cross-examination. The line of defense became immediately apparent. Mr. Cuff obtained from the witness admissions that it was he who had assigned Samuel Rauch, the examiner in charge of the City Trust examinations, without instructions from Mr. Warder.

“When you selected him you had implicit confidence in him?” Mr. Cuff asked.

“I certainly did,” Mr. Egbert replied.

Mr. Cuff then sought to show that on the basis of the figures in the examination in both November, 1927, and in 1928 the bank was solvent, with capital and surplus unimpaired.

“Did Mr. Rauch report an impaired of the capital?” Mr. Cuff inquired.

“He did not,” the witness replied.

Mr. Cuff showed by the figures of the report that with capital and surplus intact the bank would have had, in round figures, $856,000 to pay claims.

#### Traces Bank Reports.

Mr. Cuff then traced the routine of bank reports to show that, unless an unusual situation developed, the report would not go to the superintendent immediately, but would be handled by the deputies, and that the disciplinary letter written to the

## Sixth of Sing Sing Convicts Bay Newspaper Each Day

*Special to The New York Times.*

OSSINING, N. Y., Oct. 23.—One prisoner in every six quartered in Sing Sing Prison receives a daily newspaper regularly, it was disclosed today by prison authorities. They said that 300 newspapers enter the prison every day, of which sixty are tabloids and the rest standard size.

There are 1,958 prisoners in Sing Sing, but about 150 of these either are illiterate or cannot read English.

Each subscriber passes his newspaper around, so nearly all of the 1,800 prisoners who can read English see a newspaper frequently, although many of them lack funds to subscribe for one.

institutions on the basis of the report would be prepared by a deputy superintendent and not seen by the superintendent until handed to him for his signature.

Mr. Egbert admitted that it was not unusual for a report of an examination not to mention violations of the banking law.

“They do not usually require drastic action? You write a disciplinary letter?”

“Yes, sir.”

“Was that done with this report?”

“Yes.”

“The banking superintendent must rely on the reports of his examiners?”

“Right.”

Mr. Cuff then got the witness to admit that it was customary when a merger was in prospect to withhold the examination until the merger was finished and the bank merged to a regular routine. This was important because the merger of the Atlantic State Bank with the Harlem Bank of Commerce and the change to the City Trust Company took place at about the time the examination should have been made.

In the afternoon Mr. Cuff attacked the witness with excerpts of his testimony before the Moreland Commission and succeeded in tangling him up on the number of times he had talked to Mr. Warder about withholding the examination. Mr. Egbert appeared to contradict himself until, on redirect examination, the full transcript was read, showing that he had been momentarily confused.

He aroused Mr. Cuff’s ire by explaining his testimony in the Moreland hearings by saying:

“I was being pinned down as to whether I had the conversation with Mr. Warder or he had it with me, and realizing his position I did not know whether to answer yes or no.”

This reply was stricken from the record on Mr. Cuff’s motion.

Mr. Egbert Kennedy, another bank examiner, will be the first witness today. Others waiting to be heard are Reginald W. Pawling, third deputy superintendent, and Roger F. Molloy, an examiner.

## ATTACKS FALL PLEA FOR JURY SYMPATHY

Government in Argument Says “Doheny Got the Lease, Secretary Got the Money.”

### JURORS GET CASE TODAY

Justice Hitz Will Make Charge This Morning in Naval Oil Lands Bribe Trial.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—The fate of Albert B. Fall, ex-Secretary of the Interior, now on trial in the criminal branch of the Supreme Court of the District of Columbia on the charge of having leased the Elk Hills Naval Oil Reserve to Edward L. Doheny in consideration of a bribe of $100,000, will be in the hands of the jury before noon tomorrow.

The arguments ended at 4 o’clock this afternoon, and Associate Justice Hitz will begin his charge to the jury at 10 o’clock tomorrow morning. The charge is not expected to last more than half an hour.

This, the final day of Fall’s trial, again found the court room packed to capacity, while outside a hundred or more women sought in vain to gain entrance. The defense concluded its six hours of talking at noon and two hours later Owen J. Roberts of Philadelphia began the closing argument for conviction.

Mr. Roberts resorted to no theatricals. Instead, the government counsel, who needed only an hour and a half to sum up, talked to the jury in an ordinary conversational tone.

Doheny Wanted Lease, Fall Money.

Mr. Fall’s physical condition, Mr. Roberts told the jury, was something that did not concern them in arriving at a decision as to his guilt or innocence. The court or the President in the agency charged with the exercise of clemency, where merited, not the jury,” said Mr. Roberts.

“Appeals to your sympathies and prejudices have no place in this case,” said Mr. Roberts. “It is all simple. There are four things of a controlling nature for you to remember. One is that Doheny wanted the lease of the Elk Hills. The second is, Fall wanted money. The third is, Doheny got the lease, and the fourth is, Fall got the money.

“Do not forget that this money from Doheny and the more than $269,000 Fall obtained from Sinclair is connected up with Fall’s handling of properly held in trust for you and for me and for all the people of the United States.

“This talk of a ‘yellow peril,’ this so-called Japanese ‘war scare,’ has nothing to do with the case. Neither has the claim that the Elk Hills Reserve was being drained. The only drainage in this case was from Doheny’s to Fall’s pocket.

“Refers to Sinclair Payment.

“This talk of political persecution is only dust thrown up in the effort to obscure a very simple issue.”

Mr. Roberts argued that the defense’s claim that the Doheny payment was prior to any negotiations between Fall and Doheny would not stand the test of investigation. Admittedly accurate official documents in evidence prove the opposite to have been the case, declared Mr. Roberts.

The money transactions of Fall and Sinclair, in which neither checks nor other evidences of payment or security exist, added Mr. Roberts, must be taken into consideration as throwing light on the real basis of Fall’s activities when a member of the Harding Cabinet.

The defense urged up the morning session with more pleas for acquittal, the closing arguments being by William J. Lamon of Washington and Mark Thompson of Phoenix, Ariz., the latter being Fall’s personal counsel.

Judge Limits Defense Plea.

Mr. Thompson began with a plea for “two old men” who met for thirty years ago on “the deserts of the Southwest.”

“One,” said Mr. Thompson, “was a red-haired young man, the other a black-haired young fellow from Kentucky.”

Justice Hitz interrupted and told the lawyer to stick to the evidence.

“The color of Mr. Doheny’s hair is not in evidence,” ruled Justice Hitz.

Mr. Lambert made the final argument for the defense and used up his time emphasizing that under the legal rule to convict a person of a crime guilt must be established beyond reasonable doubt.

## WYNN(E) SEES CANCER AS FEDERAL PROBLEM

### Tells Radio Audience Health Service of Government Is Best Fitted to Study Disease.

Although cancer is not a contagious disease, the riddle of its cause and means to its effective cure make it part of the general public health problem which must be dealt with by some governmental agency, Health Commissioner Shirley W. Wynne told radio listeners in his twenty-third health talk over Station WEAF yesterday.

“If I look to the Public Health Service of the United States Government,” Dr. Wynne said, “to establish a well-organized department of cancer research, following the commendable precedent set by certain European governments. Our Federal Government should apportion adequate funds for such a purpose. There is more benefit to be derived by such concentration on the problem from a government viewpoint than from a local handling of it, for the government’s hygienic bureau is in a position to engage in such research on a large scale.

“The government of Sweden took the first step forward in the cancer problem some fifteen years ago when it purchased a large amount of radium and placed it under the direction of men competent to use the precious metal and study its effects. Both Norway and Denmark are rapidly following in Sweden’s footsteps in meeting cancer as a public health problem. England is waking up too, and is beginning not only to realize the necessity of action in this serious situation, but to take definite action. In our own country the State of Massachusetts alone, has taken the initiative and made cancer a part of its public health program.”

Dr. Wynne showed statistically that cancer was on the increase in this city, and urged early medical examination in all cases in which the disease was thought to be present.

## FOREIGN LAW EXPERTS ARE CAPITAL GUESTS

President and Mrs. Hoover to Be Among Hosts to Briarcliff Manor Institute Delegates.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—The foreign delegates at the recent meeting at Briarcliff Manor of the Institute of International Law, numbering nineteen and representing nearly every country in Europe and South America, arrived in Washington this morning to find a waiting crowded program which will keep them constantly occupied until they leave for New York Saturday morning to sail on the America for their respective homes.

President and Mrs. Hoover will receive the delegates and the ladies of their families accompanying them on Friday afternoon at 5 o’clock, before and after which time they will be entertained by members of the diplomatic corps and by others.

Tonight dinners were given by the Belgian Ambassador and the Persian Legation, the Chilean Ambassador and Mme. Dávila, the Minister of Switzerland and Mme. Peter and other members of the diplomatic corps for their respective nations. All the delegates meeting again at the reception which followed the dinner at the Belgian Embassy.

Dr. James Brown Scott of the Carnegie Endowment and Mrs. Scott, who went to Europe to escort the delegate body to this country, will see their guests off to New York Saturday morning, to sail on the America for their respective homes.

Dr. and Mrs. Scott will leave the same evening for Havana to attend the meeting there next week of the governing board of the American Institute of International Law, of which Mr. Scott is president.

## Air Mail Here From Buenos Aires in 11 Days, Cutting 6 Days From Ship and Rail Time

Mail which left Buenos Aires eleven days before arrived in New York yesterday, coming all the way by air. It was the first air mail to be delivered at the New York post office under the recently signed contract between the Argentine Republic and Pan-American Airways. The planes cut approximately six days off steamer and rail time from the Argentine.

On Oct. 12 169 pounds of mail left the Buenos Aires postoffice. It was flown on that day across South America and over the Andes to Santiago, Chile, and thence up the west coast of South America to Cristobal. There the mail was turned over to Pan-American Airways and on Oct. 21, exactly on schedule, it was delivered to the postal authorities in Miami.

From Miami Pitcairn Aviation handled this first consignment and landed the mail at Hadley and New York Airports yesterday morning at 5 o’clock.

Among the letters received in New York was one for Kent Cooper, general manager of The Associated Press, from Jorge Mitre, director of La Nacion, which said:

“The following lines will be forwarded to you by the first plane leaving this city in the newly established air service between your great country and the Argentine.

“It is a happy coincidence that this should occur on Columbus Day, the great holiday of the Americas, and it is my sincerest wish that it will serve in bringing together in closer intercourse both from a cultural and a business point of view the people of the New World, which, despite racial differences, have in common the same high ideals of two democracies desiring peaceful progress.”

The air mail service between Miami and Buenos Aires will be operated weekly, the planes leaving Buenos Aires Tuesdays and Miami on Saturdays. Air mail posted in the New York general post office up to 6:30 o’clock Thursday evening will connect with the southbound Pan-American plane at Miami.

## STRIKE IS AVERTED ON SUBWAY WORK

Delaney Announces Union Will Await His Efforts to Bring About Settlement.

### HE CONFERS WITH LEADERS

Meets Contractors Today to Arrange a Parley Between Them and Workers.

John H. Delaney, chairman of the Board of Transportation, announced yesterday that the threatened strike of subway construction workers had been averted pending efforts on his part to mediate between the subway contractors and the union. His announcement followed a two-hour conference with representatives of the union in his office at the Board of Transportation Building, 49 Lafayette Street.

Mr. Delaney will confer this afternoon with a delegation from the General Contractors’ Association, which will include all of the contractors now engaged in subway construction. It was announced. Efforts will be made at that time, it is understood, to lay the basis for a meeting between the representatives of the workmen and of the contractors to seek an agreement.

Arthur Johnson, president of the Contractors’ organization, promised Mr. Delaney that he would personally urge that the delegation from his group this afternoon. John McPartland, secretary of the workers’ union, and four organizers, James Lynch, John Moran, Hugh McGuire and Patrick Fleming, represented the union at the conference yesterday.

It is understood that the union has demanded recognition and an increase in wages of about one-third more than those paid now. For concrete workers, masons and common laborers who now receive $4.80 a day, the union has asked $6.51; for drill runners it has asked $9.50, and for drill runners’ helpers, $7.50 a day.

There are about 5,000 or 6,000 men, most of them unskilled workers, employed in subway work in the classification over which the union claims jurisdiction. The union claims a membership of about 2,000 men among subway workers, but maintains that all “under-the-surface workers” come within its jurisdiction.

The organization, which is known as Compressed Air Tunnel, Foundation and Sewer Workers Union 63 of the American Federation of Labor, was formed recently by the merging of a number of individual unions into the Compressed Air Workers local, it was revealed yesterday.

It is understood that most of the conference yesterday between Mr. Delaney and the union leaders was devoted to the union’s jurisdiction under its charter from the American Federation of Labor and also to the question of what subway workers should be classified as skilled labor in different fields such as drilling and timber work.

## GOV. ROOSEVELT CALLS SECOND PRISON PARLEY

He Summons Experts to Meet in Albany, Nov. 11 on Program for Institutions.

*Special to The New York Times.*

ALBANY, Oct. 23.—Governor Roosevelt has called a second conference to study a program for correctional institutions of the State. The first one was held at the Governor’s home in New York City on Sept. 12. He second will take place Nov. 11 in the executive chamber.

The Governor stated tonight that he had invited the following to attend:

Herbert H. Lehman, Lieutenant Governor; Edward R. Kass, Commissioner of Correction; Edwin S. Holter, president Prison Association of New York; T. Hastings Kert, Russell Sage Foundation; New York City; Charles E. Fiske, president National Society of Penal Reform; Dr. A. L. Garber, superintendent Eastern Penitentiary; Dr. Frank L. Christian, superintendent New York State Reformatory, penitentiary; Dr. W. Riker, New York State Penitentiary; William H. Hoke, secretary National Association of Correctional Institutions.

## TWO CLIENTS SLAY PATENT ATTORNEY

Brothers Shoot A. L. Applebaum in His Office and Are Seized After Hard Struggle.

### ADMIT PLOTTING THE CRIME

Tell Police They Were Enraged by Victim’s Delay in Getting Action on Marine Bicycle Invention.

Two shoemakers who deserted their last to attempt the invention of a marine bicycle admitted to Assistant District Attorney John J. Greene last night that they had carried out earlier in the day their prearranged plan to kill Aaron L. Applebaum, patent attorney, in his office at 41 Park Row, if he told them again that their application for a patent had been rejected. Applebaum was shot twice in the head, once in the hand, and severely beaten after he had fallen to the floor, mortally wounded by the bullets.

The slayers are Pietro and Leonardo Dannas, brothers, 42 and 38 years old respectively, of 144 Roebling Street, Brooklyn. Pietro admitted having fired the shots, and both confessed that they had beaten the fallen man and also that the murder was in accordance with an agreement reached between themselves on Tuesday evening. They were held without bail on a charge of homicide.

#### Attorney Adds Capture.

The prompt capture of the Dannas brothers was made possible by the courage and quick action of George McCausland, an attorney, who with Applebaum and Lawrence C. French occupied a suite of offices on the ninth floor at the Park Row address.

Mr. McCausland, hearing the shots, and seeing the prone body of Mr. Applebaum with the Dannas bending over him and beating him, attacked the Dannas first with an electric fan and later with an armchair.

The two brothers were attracted on the ninth floor of the building shortly afterward by Patrolman John Ryan after a hard fight in which he was assisted by Joseph Staina, elevator starter, and Russell C. O’Brien, 18 years old, an employee of the Board of Estimate and Apportionment. A crowd gathered in the ninth floor hallway witnessed the struggle, during which Ryan’s revolver was once accidentally discharged.

Commissioner Whalen went to the scene as soon as he had heard of the shooting and led the investigation, aided by Chief Inspector John O’Brien and Deputy Chief Inspector Edward J. Mulrooney. Detectives and reserves were sent from the police street station. According to Commissioner Whalen, Assistant District Attorney Greene and others what happened was this:

The Dannas, having tried in vain for seven months to get their device patented with the aid of Mr. Applebaum, had grown suspicious and believed that some one deliberately putting them off. They said they had called on Mr. Applebaum daily for the last two weeks and had finally agreed they would kill him if he put them off again. Accordingly, Pietro Danna armed himself with a .38-calibre pistol and the two brothers paid their customary call on this patent lawyer shortly before eleven o’clock yesterday morning.

Mr. Applebaum occupied one of the three small, partitioned-off offices in the suite, the doors of all of which opened on a general reception room. The Dannas were in this reception room when the attorney went out to meet them. A brief argument ensued. It was pointed out that he had the Dannas understood English better, and Mr. Applebaum began able to explain the true situation to them in Italian, the murder might not have occurred.

Although Mr. Applebaum had told others in the office that he had been having trouble with the Dannas over their device, apparently no one noticed that anything unusual was going on until shots were heard. Pietro in said to have admitted he drew his pistol and fired three times. Either of the two shots that took effect in Applebaum’s head was sufficient to cause death, the examining surgeon said. The bullet that pierced Mr. Applebaum’s hand was said to have been fired after he had died. He is believed to have been clean while the Dannas were beating him.

When he heard the shots, Mr. McCausland rushed into the reception room. In his own language, he “saw red” when he beheld the two men pummelling the prostrate body. On the partition in front of his office was an electric fan. He snatched this up and attacked the brothers with it, despite the fact that Pietro had the pistol in his hand which still held five fresh cartridges. He admitted later that he had dreaded being shot.

Throwing the fan at the brothers, Mr. McCausland picked up an armchair and attacked them with that. After a few blows the armchair broke and McCausland rushed out of the office.

When Joseph Staina of Bellmore, L. I., the elevator starter, heard the shooting, he started up in one of the elevators and, at the sixth floor, took on Patrolman Ryan, who chanced to be in the building. When they reached the ninth floor they found Russell O’Brien who said he had neither elevator at that floor by mistake.

When the car stopped and the patrolman and starter got off, the Dannas brothers were standing in the hallway just outside the door of Mr. Applebaum’s office.

Brothers Attack Policeman.

Ryan demanded Pietro’s pistol. Both Pietro and his brother Leonardo leaped upon the patrolman. Staina and young O’Brien joined the fray and McCausland, returning, aided the officer and the two civilians.

The Dannas bit the hands of O’Brien and Staina painfully, but not seriously. They received numerous blows in the struggle; his own charge of Ryan’s revolver seemed to have some effect upon them, as they were soon scattered subdued.

## D. A. R. DEDICATES ‘CONSTITUTION HALL’

Third of the Headquarters Buildings in Washington Will House the Society’s Library.

### BISHOP FREEMAN WARNS

He Condemns Loyalty That Salutes Flag and Coventry Evades the National Laws.

*Special to The New York Times.*

WASHINGTON, Oct. 23.—With impressive and colorful ceremonies, officers and members of the National Society of the Daughters of the American Revolution today join in consecrating “Constitution Hall,” the third of its headquarters buildings in Washington, which houses the society’s library and an auditorium with a seating capacity of 5,000.

The building was dedicated to the memory of the founders of the Republic by Bishop Freeman, in an address in which he congratulated members of the society on the achievement in adding so beautiful a structure to the upbuilding of the capital.

He urged them, however, to remember that the public services of women, individually or through organizations, however valuable, were exceeded in importance by the service it was their peculiar privilege and duty to render in the home.

Americans, according to Bishop Freeman, are too prone to depend upon legislation and law-enforcing bodies to insure that respect for and obedience to law which is the result only of early teaching and character building. Without home training, he told the assembled Daughters, laws are of little avail.

“Well does President Hoover remind us in forceful and well-considered language that no problem that confronts us or that threatens to halt us in our progress is comparable to that which has to do with disregard for the sovereignty of law.

“There is a low-grade and all too widespread brand of patriotism that, on public occasions, shows conspicuous respect and reverence for the flag and loudly defends laws that may no longer personal convenience or personal privilege, and yet voluntarily evades or covertly disobeys those that are designed to serve the high ends of our moral and physical well-being.

“An expressed loyalty that will not yield obedience to what is the fundamental law of the land, even though that law may cut directly across private interests and concerns, is a loyalty that makes no contribution to the ultimate weal and wealth of the State.”

### BRIDGE PLAYERS HOLD FOUR 13-CARD SUITS

#### The One Chance in a Million Occurs in London—Cards Were Well Shuffled.

*Special Cable to The New York Times.*

LONDON, Oct. 23.—The millionth chance of a freak hand in auction bridge occurred at the Carlton Hotel tonight when George du Cros dealt to himself thirteen diamonds, to Sir Charles Sykes on his left thirteen spades, to Sir Charles Mandelberg his partner, thirteen clubs, and to A. G. Rossiter, thirteen hearts.

Mr. du Cros immediately laid down his cards, asking “What can you do against this?” Sir Charles said: “Keep your cards up when you play the other players laid down their cards, exclaiming: “We’ve got their cards as a suit also!”

Sir Charles declares that he shuffled the pack six or seven times before Mr. du Cros took them.

## As Will Rogers Looks Upon The New York City Campaign

To The Editor of The New York Times:

They are soon to have a city election here in New York City, and there is no more use getting excited over the outcome of it than you should over the outcome of a Presidential election, only the case is exactly reversed. A Democrat can’t win nationally because he runs out of Democrats too soon, and a Republican can’t even get a base on balls in this city because Republicans are too scarce. Then you can always leave it to a minority party, in any campaign, to split and run everybody they can think of.

So Jimmy Walker will win by, perhaps the biggest majority of any candidate in years, and will then kick himself for getting up at 9:30 and 10 o’clock in the morning to make speeches.

If he even changes spots for this election he will be wasting time. Yours,

WILL ROGERS.

## FIVE NEW SCHOOLS TO BE BUILT BY CITY

Board of Education Lets Contracts for Bronx and Brooklyn Institutions.

### WILL COST $1,060,000

New Buildings Will Seat 1,600 Pupils Each—Plans Are Approved for Others.

The Board of Education voted yesterday afternoon at its semi-monthly meeting to give the school system five new buildings. Contracts were awarded for the construction of two buildings, and plans were approved for the erection of three more.

The new Public School 105 will be constructed on Brady Avenue, near Holland Avenue, the Bronx, by the Sound View Building Corporation at a cost to the city of $334,000. The school will have 1,600 seats.

The D. M. W. Contracting Company will erect Public School 230 at Albemarle Road, near Dahill Road, in Brooklyn, for $526,000. The new building will provide accommodations for 1,600 pupils.

Plans were approved for the construction of the new Walton High School at 198th Street and Reservoir Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.

The board plans to construct a new building for Public School 102 in the Bronx and for Public School 108 in Queens at an estimated cost of $806,000. The new building will increase the school capacity by 2,100.

The board also approved contracts totaling $113,345 for mechanical equipment for the new Public School 90 in Brooklyn.

On the recommendation of the board of superintendents, Joachim Socppa was named principal of Public School 93 and George D. Lewis of Public School 93, both in the Bronx.

The board received a communication from the superintendent announcing the establishment of 32 additional short-time classes in the elementary schools, in Queens, 21 and 41, the Bronx; 114, Brooklyn, and 96, 136 and 123, Queens. Public School 80, the Bronx, will establish two short-time classes due to overcrowding.

The board approved the selection of a site for a school in the Canarsie section in Brooklyn and of playground space for Public School 21, Manhattan.

## BUDGET PROBLEMS BALK SCHOOL GROUP

### Retardation Committee Finds Itself Overloaded by Five “Referred Questions.”

The practice of the budget committee of the Board of Education disposing of requests for the extension or establishment of various educational services by referring them to a committee appointed to study the special problem of retardation proved a boomerang yesterday.

The board was informed at its regular meeting by Superintendent William J. O’Shea that the retardation study committee is finding it impossible to study thoroughly five of the eight questions propounded by the budget committee last Summer. Margaret McCooney is chairman of the group appointed last June to report on retardation, truancy and problems of conduct and personality.

When the budget committee, headed by Commissioner Arthur S. Somers, was finding difficulty in granting requests for additional special teachers and various other school services, they were referred to Miss McCooney’s committee. The problems submitted are so varied and difficult, however, that the committee realized it could not do justice to them. School officials admitted that a competent specialist’s committee would be needed for an intelligent report on almost any one of the problems submitted to Miss McCooney.

Dr. O’Shea asked the board to permit him to appoint additional committees to study the five problems, but the request was withdrawn from the calendar at the last moment.

The problems to be reassigned are the question of the need of additional teachers of drawing, music, sewing and health; teachers of home-making and shopwork; a Summer evening secondary school, adult illiteracy and employment for persons on eligibility lists.

## SAVES BOY FROM CHAIR.

Pennsylvania Board Commutes Harvey Feathers’s Death Sentence.

HARRISBURG, Pa., Oct. 23 (AP).—The State Board of Pardons today commuted the death sentence of Harvey Feathers, 17-year-old Bedford County slayer, to life imprisonment.

Feathers was sentenced to die in the electric chair Oct. 28 for the murder of Houston Coyle, Greenfield Township, Blair County, during an attempted robbery. His brother Willis, a deaf mute, was given life imprisonment.

## L. W. SEAMAN LEFT CHARITIES $6,000,000

Broker’s Will Divides More Than $1,000,000 Among Thirteen Relatives and Friends.

### RESIDUE PLACED IN TRUST

From It Executors Will Make Further Gifts to Charity Put at More Than $2,000,000.

### ONE BEQUEST EXPLAINED

Stay in Roosevelt Hospital After Injury Brought Knowledge of Its Needs to Financier.

Lloyd W. Seaman, retired stock broker, who died Sunday at Roosevelt Hospital, left more than $3,000,000 to New York City charities, it was disclosed yesterday when his will was filed for probate. Slightly more than $1,000,000 is to be divided among thirteen relatives and friends, while specific charitable bequests total $3,250,000. The residuary estate is left in trust for charities in the city to be selected by the executors, and this trust fund, it was estimated yesterday, will certainly exceed $2,000,000, and possibly will exceed $3,000,000.

Mr. Seaman was a member of an old New York family and had lived in retirement at his home in the Anthorp Apartments, Broadway and Seventy-ninth Street, for two decades. Prior to that time he was a member of the former New York Stock Exchange House of Chapman & Seaman. His closest surviving relative is a sister, Mrs. Ruth Seaman Woodworth of Redlands, Cal.

### Executors Have Free Hand.

The trust established by Mr. Seaman’s will receives the residue after total specific bequests of $4,290,000 have been paid. Bern Budd, of counsel for the executors, said yesterday that it was impossible to give even a rough estimate of the probable amount of this residue.

Other than that the charities selected shall be in New York City, the executors, who are former Federal Judge Francis A. Winslow of Yonkers; Joseph D. Godfrey of Greenwich, N. J., who handled Mr. Seaman’s business affairs for many years, and the Guaranty Trust Company, are given a free hand in administering the trust.

Of the specific charitable bequests, the largest are of $1,000,000 each to the Salvation Army, “to be devoted to its religious, charitable, and missionary work”; to Roosevelt Hospital, “for medical treatment of the sick poor”; and to the Charity Organization Society, “for the relief of the poor.” St. John’s Guild of New York receives $100,000 as a memorial to Mr. Seaman’s father and St. John’s Riverside Hospital, in Yonkers, receives $50,000 as a memorial to his mother. A bequest of $100,000 is made also to the Manhattan Eye and Ear Hospital.

### Accident Brought Contact.

Mr. Seaman contributed regularly during his lifetime to all the institutions named in his will, with the exception of Roosevelt Hospital, according to Mr. Budd. His first contact there was in January, 1925, when he was injured in an accident, and Mr. Budd said yesterday that he believed his experience at that time was what persuaded him to make the bequest.

“He was crossing Broadway at Seventy-ninth Street to go to his home in the Apthorpe Apartments,” Mr. Budd said, “when he was hit by a Broadway surface car. He was taken to the Roosevelt Hospital, where his leg was amputated. While there he learned of the work done by this institution among the city’s unfortunates.”

The trust fund established by the twentieth clause of the will, which reads as follows:

“All of the rest, residue and remainder of my estate, if any, and of whatsoever nature or description, I give, devise and bequeath to my executors hereinafter named, in trust nevertheless, and with the power to distribute the same for the uses and purposes following, that is to say: the said executors shall select such worthy charities, incorporated or otherwise, in the city of New York, as in their discretion and judgment shall seem proper, and shall divide the said residue among such charities and in such proportions and amounts as to my said executors shall seem proper.”

The bequests to relatives and friends, in the order in which they appear in the will, are as follows:

MARY HARPER MacCRELL, a cousin, of Bayside, L. I., $150,000.

JOSEPH D. GODFREY, executor and business associate, $100,000.

MRS. RUTH SEAMAN WOODWORTH, $100,000.

ANNIE SCHLEY VOIGHT, a cousin, of Washington, D. C., $100,000.

ELAINE FITCH, a cousin, Rochester, N. Y., $100,000.

HEWLETT P. SEAMAN, a cousin, at South Wallout, Branch, South Orange, N. J., $50,000.

LLOYD I. SEAMAN, a cousin, Greenwood Lake, N. Y., $40,000.

CLARENCE SEAMAN, 80 Summit Ave., South Orange, N. J., $40,000.

HAROLD SEAMAN, a cousin, 54 North Twentieth Street, East Orange, N. J., $40,000.

WOODRUFF SMITH, a boyhood friend, of Yonkers, $10,000.

AGNES WINNER SURFERLAND, a cousin, 516 6th St., Canandaigua, N. Y., $10,000.

ROSEMARY D. ADAMS, personal physician and friend of the New York Hotel, 24 East Thirtieth Street, $5,000.

MINNIE HARLANDEEN, a cousin, Park Av., Canandaigua, $100,000.

The will was made Oct. 2, just eighteen days before Mr. Seaman died. He was still at his home at the Apthorpe Apartments at that time, and although he was a semi-invalid as a result of the loss of his leg, he was not yet ill at the time. Practically the entire estate, Mr. Budd said, is in securities.

### Bishop Fallon Is Much Improved.

LONDON, Oct. 23 (Canadian Press).—The Right Rev. M. F. Fallon, Bishop of the Roman Catholic diocese of London, seemed today to be gradually recovering from the relapse of his illness which it was feared a few days ago would be fatal. He is still weak, the official report said, but had a good night and is bright and cheerful.

### Rev. G. A. Gordon Critically Ill.

BROOKLINE, Mass., Oct. 23 (AP).—The Rev. George A. Gordon, pastor of the Old South Church in Boston for forty-five years, was in a critical condition at his home here today after a paralytic stroke last Friday. He is 76 years old.

Scoring unit: news-nyt-warder. Joined pages use the same full output.

No output

Scoring unit: news-nyt-warder. Joined pages use the same full output.

THE NEW YORK TIMES. THURSDAY, OCTOBER 24. 1929 **** 31

# STATE SAYS WARDER GOT BRIBE IN PERSON

Prosecutor Tells Jury Bank Head Received $10,000 From Ferrari Agent in Home.

### TRACES COURSE OF CASH

Also Promises to Prove That Gratuity Won Immunity for Books of City Trust Co.

### DEFENSE SPEECH WITHHELD

Former Aide of Accused Man on Stand Tells of Failure to Make Examinations.

Evidence that Frank H. Warder, former State Superintendent of Banks, took money directly from an agent of the late Francesco M. Ferrari, president of the defunct City Trust Company, was promised yesterday by Hiram C. Todd, Special Assistant District Attorney, in his opening address to the jury before which he is prosecuting Warder for accepting bribes.

"Yes, sir." "Right."

In his brief address Mr. Todd also promised to show that the money was paid by Ferrari to prevent the examination of his banking affairs required by law.

During the day only one witness was examined, George W. Egbert, chief bank examiner, who told of being instructed by Warder to withhold examinations of the City Trust Company affairs. Defense counsel on cross-examination sought to lay the responsibility for any negligence upon Warder's subordinates.

Mr. Warder sat, suave and well groomed, at the counsel table with his attorney, Jaines I. Cuff, during the opening address.

Mr. Todd went on to say that the indictment charges Warder with accepting $10,000 "in consideration of which as Superintendent of Banks eharged with the duty by law to make examinations of a bank, to omit such examination in the Fall of 1928.'

### Describes Transfer of Money.

The manner in which thia bribe was taken," Mr. Todd continued, "was not the character of transae- tion that men do in the middle of Broadway in daylight. We will ahow you each step from the withdrawal of the money in the bank by a trust, the presence of a recond party in an unsealed envelope and then carried to the Riverside Drive residence of the defendant and there handed to Frank H. Warder, and the defendant took it out and counted it in his presence."

Mr. Todd then sketched for the benefit of the jury the inter-relations between the Harlem Bank of Commerce, the Atlantie State Rank and the City Trust Company, the final product of the mergers.

Ferrari can be described," Mr. Todd continued, "as the super-salesman type, vivacious and cordial. He had the idea that any favors from the banking devartment could be purchased with money, as we shail thow."

Mr. Cuff fumped to his feet at this juncture with a demand that a juror be withdrawn and a mistrial declared, which Justice Tompkins overruled.

To provide a motive for a bribe Mr. Todd said that he would show that the assets of the bank had been invested in securities and loans rade, "not only of ouestionable but of no value." He said that loans were made to friends of Ferrari or to his corporations without even taking notes and described how the overdraft of the Ann Row Realty Corno- ration, grew from $20,000 to $30,000, $50,000, $60,000, $70,000, $100,000 and finally to more than $150,000."

Mr. Todd said that in addition to this specifie evidence the State would bring witneases to show dealings through the course of years between Ferrari and Warder, but there are so many of these incidents I am not giving the details of each pavment of money to the defendant, Frank H. Warder."

### Defense Speech Withheld.

Mr. Cuff refused to make any opening address to the jury. He wanted to reserve his opening until after the State's case had been presented, but was instructed by Justice Tompkins that he would have to make his opening then or not at all.

"I am standing on my constitutional privilege," Mr. Cuff said.

"Then you don't want to open?" Inquired Justice Tompkins, who had explaincd the ruling. "Call the first witness."

Mr. Egbert, taking the stand, eyed his former chief, identified the record of examinations of the Ferrari banks in November, 1927, and November, 1928, and told again the story he told to the Moreland commission in great detail of being ordered to withnold the examination of Ferrari's banks by Mr. Warder.

Shortly before the noon recess Mr. Egbert was turned over to Mr. Cuff for cross-examination. The line of defense became immediately apparent. Mr. Cuff obtained from the witness admissions that it was he who had assigned Samuel Rauch, the examiner in charge of the City Trust examinations, without instructions from Mr. Warder.

"When you selected him you had implicit confidence in him?" Mr. Cuff asked.

"I certainly did," Mr. Egbert replied.

Mr, Cuff then sought to show that on the basis of the figures in the examinations in both November, 1927, and in 1928 the bank was solvent, with capital and surplus unimpaired.

"Did Mr. Rauch report an impairment of the capital?" Mr. Cuff inquired.

"He did not," the witness replied. Mr. Cuff showed by the figures of the report that with capital and surplus intact the bank would have had, in round figures, $886,000 to pay claims.

### Traces Bank Reports.

Mr. Cuff then traced the routine of bank reports to show that, unless an unusual situation developed, the report would not go to the superintendent immediately, but would be handled by the deputies, and that the disciplinary letter written to the

### Sixth of Sing Sing Convicts Buy Newspaper Each Day

Special to The New Yot k Times.
OSSINING, N. Y., Oct. 23.-One prisoner in every six quartered in Sing Sing Prison receives a daily newspaper regularly, it was disclosed today by prison authorities. They said that 300 newspapers enter the prison every day of which sixty are tabloids and the rest standard size.

There are 1,958 prisoners in Sing Sing, but about 180 of these either are illiterate or cannot read English.

Each subseriber passes his newspaper around, so nearly all of the 1,800 prisoners who can read English see a newspaper frequently, although many of them lack funds to subscribe for one.

institutions on the basis of the report would be prepared by a deputy superintendent and not seen by the superintendent until handed to him for his signature.

Mr. Egbert admitted that it was not unusual for a report of an examination not to mention violations of the banking law.

"They do not usually requlre drastic action? You write a disgiplinary letter?"

"Was that done with this report?" "Yes."

"The banking superintendent must rely on the reports of his examiner?"

Mr. Cuff then got the witnese to admit that it was customary when a merger was in prospect to withhold the examination until the merger was finished and the bank settied to a regular routine. This was important because the merger of the Atlantic State Bank with the Harlem Hank of Commerce and the change to the City Trust Company took place at about the time the de-examination shouid have been made.

In the afternoon Mr. Cuff attacked the witneas with excerpts of his testimony before the Moreland Commission and succeeded in tangling him up on the number of times he had talked to Mr. Warder about withholding the examination. Mr. Egbert appeared to contradict himself until, on redirect examination, the full transeript wns read, showing that he had been momentarily confused.

He aroused Mr. Cuff's jre by explaining his testimonv in the Moreland hearings by saying:

"I was being pinned down as to whether I had the conversation with Mr. Warder or he had it with me, and realizing his position I did not know whether to answer yes or no." This reply was stricken from the reccrd on Mr. Cuff's motion.

Margaret Kennedy, another bank examiner, will be the first witness today. Others waiting to be heard are Reginald W. Pawling, third deputy superintendent, and Roger F. Molloy, an examiner.

### WYNNE SEES CANCER AS FEDERAL PROBLEM

### Tells Radio Audience Health Service of Government Is Best Fitted to Study Disease.

Although cancer is not a contaglous disease, the riddie of its cause ani means to its effeetive cure mske It part of the general public health problem which must be dealt with by some governmentalagency,Health Commissioner Shirley W. Wynne toid radio liatenersin histwenty-third health talk over Station WEAF yesterday.

"I look to the Publie Health Service of the United States Government," Dr. Wynne said, "to establis a well-organized department of cancer research, following the commend able precedent set ro by certain European governments. Our Federal Government should apportion adequate funds for such a purpose. There is more benefit to be derived by such concentration on the problem from a government viewpoint than from local handling of it, for the government's hygienic bureau is in a position to eugage in such research on a large scale.

"The government of Sweden fook the first step forward in the cancer problem some fifteen years ago when pre purchased a large amount of radium and placed it under the direction of men competent to use the precious metal and study its effects. Both Norway and Denmark are rapidly following in Sweden's footsteps in meeting cancer as a public health problem. England is waking up too, and is beginning not only to realize the necessity of action in this serious situation, but to take definite action. In our own country the State of Massachusetts alone, has taken the initiative and made cancer a part of its pubhc health program."

Dr. Wynne showed statistieally that cancer was on the increase in this city, and urged early medical examination in all cascs in which the disease was thought to be present.

### FOREIGN LAW EXPERTS ARE CAPITAL GUESTS

### President and Mrs. Hoover to Be Among Hosts to Briarcliff Manor Institute Delegates.

WASHINGTON, Oct. 23.-The foreign delegates at the recent meeting at Briarcliff Manor of the Institute of International Law, numbering ninety and representing nearly every couniry in Europe and South America, arrived in Washington this morning to find awaiting them a crowded program which will keep them constantly occupied until they leave for New York Saturday morning to sail on the America for their respective homes.

Preaident and Mrs. Hoover will receive the delegates and the ladies of their families accompanying them on Friday sfternoon at 5 o'clock, before and after which time they will be entertained by members ofthe diplomatie corps and by others.

Tonight dinners were given by the Eelgian Ambassador and the Princess de Ligne, the Chilean Ambassador and Mme. Davila, the Minister of Switzerland and Mme. Peter and other members of the dipiomatic corps for their respective nationals, all the delegates meeting mgain at the reception which followed the dinner at the Beigian Embassy.

Dr. James Brown Scott of the Carnegie Endowment and Mrs. Scott, who went to Europe to escort the delegate body to this country, will see their guests off for New York Saturday morning, to sail on the America for their respective homes.

Dr. and Mrs. Scott wili leave the same evening for Havana to attend the meeting there next week of the governing board of the American Institute of International Law, of which Mr. Scott is president.

# ATTACKS FALL PLEA FOR JURY SYMPATHY

Government in Argument Says "Doheny Got the Lease, Secretary Got the Money."

### JURORS GET CASE TODAY

Justice Hitz Will Make Charge This Morning in Naval Oil Lands Bribe Trial,

Special to The New York Times.
WASHINGTON, Oct. 23.-The fate of Albert B. Fall, ex-Secretary of the Interior, now on trial in the criminal branch of the Supreme Court of the District of Columbia on the charge of having leased the Elk Hills Naval Oil Reserve to Edward L. Doheny in consideration of a bribe of $100,000, will be in the hands of the jury before noon tomorrow.

The arguments ended at 4 o'clock this afternoon, and Associate Justice Hitz will begin his charge to the jury at 10 o'clock tomorrow morning. The charge is not expected to last more than half an hour.

This, the final day of Fall's trial, again found the court room packed to capacity, while outside a hundred or more women sought in vain to gain entrance. The defense concluded its six hours of talking at noon and two hours later Owen J. Roberts of Philadelphia began the closing argu'nent for convietion.

Mr. Roberts resorted to no theatricals. Instead, the government counsel, who needed enly an hour and a half to sum up, talked to the jury in an ordinary conversational tone.

### Doheny Wanted Lease, Fall Money.

Mr. Fall's phyaical condition, Mr. Roberts told the jury, was something that did not concern them in arriving at a decision as to his guilt or innocence. The court or the President is the agency charged with the exercise of elemency, where merited, not the jury," said Mr. Roberts.

"Appeals to your sympathies and prejudices have no place in this case," zaid Mr. Roberts. "It is all simple. There are four things of a controlling nature for you to remember. One is that Doheny wanted the lease of the Elk Hills. The second is, Fall wanted money. The third is, Doheny got the lease, and the fourth is, Fall got the money."

Do not forget that this money from Doheny and the $269,000 Fall obtained from Sinclair is connected up with handling of property held in trust for you and for me and for all the people of the United States.

This talk of a 'yellow peril,' this so-called Japanese 'war seare,' has nothing to do with the case. Neither hae the claim that the Eik Hills Reservation was being drained. The only drainsge in this case was from Doheny's to Fall's pocket.

### Refers to Sinclair Payment.

This talk of political persecution is only dust thrown up in the effort to obscure a very simple issue."

Mr. Roberts argued that the defense's claim that the Doheny payment was prior to any negotiations between Fall and Doheny would not stand the test of investigation. Admittedly accurate official documents in evidence prove the opposite to have beenthe cane, deciared Mr. Roberts.

The money transactions of Fall and Sinclair, in which neither checks nor other evidences of payment or security exist, added Mr. Roberts, must be taken into consideration as throwing light on the real basis of Fall's netivities when a member of the Harding Cabinet.

The defense used up the morning sesaion with more pleas for acquittal, the closing arguments being by Wilton J. Lambert of Washington and Mark Thompson of Phoenix, Ariz., the latter being Fall's personal counsel.

### Judge Limits Defense Plea.

Mr. Thompson began with a plea for "two old men' who met forty-three years ago on "the deserts of the Southwest."

"One," said Mr. Thompson, "was a red-haired young man, the other a black-haired young fellow from Kentucky."

Justiee Ritz Interrupted and iold the lawyer to stick to the evidence. "The color of Mr. Doheny's hair is not in evidence," ruled Justice Ritz.

Mr. Lambert made the final argument for the defense and used up his time emphasizing that underthe legal rule to convict a person of a crime guilt must be established beyond reasonable doubt.

### GOV. ROOSEVELT CALLS SECOND PRISON PARLEY

### He Sammons Experts to Meet in Albany, Nov. 11 on Program for Institations.

Special to The New York Times.
ALBANy, Oct. 23.-Governor Roosevelt has called a second conference to study a program for correctional institutions of the State. The first one was held at the Governor's home in New York City on Sept. 12. The second will take place Nov. 11 in the executive chamber.

The Governor stated tonight that he had invited the following to attend:

Herbert H. Lehman, Lieutenan, Governor. Raymond F. C. Kieh, Cemmiamiteg of Cor- recttons.

tion of New York. Dr. Hastings H. Hart., Ruasellt Sage Pounda-

Charies D. Osborne, president Natlonal So- ciety of Penal Information, Inc Auburn. Frederkek Goetre, president Nationial Cammittee on Primons and Prison Labor. New Yerk City.

E. R. Cas, general ecretaty American Prison Assoelation, New Yerk City. Caleb H. Baums, chairman New Yerk State

Crime Commission. Newburgh. B. Roger Wales, chalrman subcommittee of Crime Commisaien on Correctional institu- Hions, Binghatiton.

reetion Commisalon. New York City. Mies Jane Hoey, member of the State Com- tnianion ef Correetiun.

Harry M. Kaiser, warden Clinton prisom. Willlam Hunt. warden Grent Meadcw prison. Lewia E. Lawes, warden Sing Sing Prieom Dr. Frank L. Christian. sperintendent New Yerk State Reformatory.

Dr. Waiter N. Thayer. superintendent In- stirution of Defective Delinquents. Loets MeH. Howe, secretary National Crime Commiasiog. Adninh Lawtenhn. New Tork City.

Edgar E Jennings, wardes Auburm prison.

# Air Mail Here From Buenos Aires in 11 Days, Cutting 6 Days From Ship and Rail Time

Mail which left Buenos Aires eleven days before arrived in New York yesterday, coming all the way by air, It was the first air mail to be delivered at the New York post-office under the recently signed contract between the Argentine Republic and Pan-American Airways. The planes cut approximately six days off steamer and rail time from the Argentine.

On Oct. 12 169 pounds of mail left the Buenos Aires postoffice, It was flown on that day aeross South America and over the Andes to Santiago, Chile, and thence up the west coast of South America to Cristobal. There the mall was turned over to Pan-American Airways and on Oct. 21, exactly on schedule, it was delivered to the postal authorities in Miami.

From Miami Pitcairn Aviation handled this first consignment and landed the mail at Hadley and Newark Airports yesterday morning at 5 o'clock.

York was one for Kent Cooper, general manager of The Associated Press, from Jorge Mitre, director of La Nacion, which said:

"The following lines will be forwarded to you by the first plane leaving this eity in the newly established air service between your great country and the Argentine.

"It is a happy coincidence that this should oceur on Columbus Day, the great holiday of the Americas, and it is my sincerest wish that it will aerve in bringing together in closer intercourse both from a cultural and a business point of view the people of the New World, which, despite racial differences, have In common the same high ideals of two democracies desiring peaceful progress."

The air mail service between Miami and Buenos Aires will be operated weekly, the planes leaving Buenos Aires and Miumi on Saturday. Air mail posted in the New York general post office up to 6:30 o'clock Thursday evening will connect with the southbound Pan-American plane at Miami.

# STRIKE IS AVERTED ON SUBWAY WORK

Delaney Announces Union Will Await His Efforts to Bring About Settlement,

HE CONFERS WITH LEADERS
Meets Contractors Today to Arrange a Parley Between Them and Workers.

John H. Delaney, chairman of the Board of Transportation, announced yesterday that the threatened strike of subway construction workers had been averted pending efforts on his part to mediate between the subway contractors and the union. His announcement followed a two-hour conference with representatives of the union in his office at the Bonrd of Transportation Building, 49 Lafayette Street.

Mr. Delaney will confer this afternoon with a delegation from the General Contractors' Association, which will include all of the contractors now engaged in subway construction, It was announced. Efforts will be made at that time, it is understood, to lay the baris for a meeting between the reprerentatives of the workmen and of the contractors to seek an agreement.

Arthur Johnson, president of the contractors' organization, promised Mr. Delaney that he wouid perzonally head the delegation from his group this afternoon. John McPartlan, secretary of the workers' union, and four organizers, James Lynch, John Moran, Hugh McGuire and Patrick Fleming, represented the union at the conference yesterday.

It is understood that the union has demanded recognition and an increase in wnges of about one-third more than thoae paid now. For concrete workers, muckers and common inborers who now receive $4.80 a day, the union has asked $6.50; for drill runners it has asked $9.50, and for drill runners' heipers, $7.50 a day.

There are about 5,000 or 6,000 men, most of them unskilled workers, employed in subway work in the classifications over which the union claims jurisdiction. The union claims a membership of about 2,000 men among subway workers, but maintains all "under-the-surface workers" come within its jurisdiction.

The organization, which is known as Compressed Air, Foundation and Sewer Workers Union 63 of the American Federntion of Labor, was formed recently by merging of a number of individual unions into the Compressed Air Workers local, it was revealed yesterday.

It is understood thnt most of the conference yeaterday between Mr. Delaney and the union leaders was devoted to the union's jurisdiction under its charter from the American Federation of Labor and also to the question of when subway workers should be classified as skilled iabor or in different fields such as drill running and timber work.

### E. FAVORS VAN LOON DIVORCE.

Referee Hears Historian Is Now Living With Second Wife.

A divorce decree is to be granted the former Frances Goodrich, actress, from Hendrik W. Van Loon, historian and esssyist, it was indicated yesterday at a referee's hearing in which it was testified that Mr. Van Loon, who has been married three times, is at present living in Holland with his second wife, the former Helen Criswell.

Mr. Van Loon's firat wife was Ellizabeth Bowditch of Boston, whom he married in 1906. His marriage to Miss Criawell, who was graduated from Bryn Mawr College in 1904, took place in 1920. He was divorced from Miss Criswell in 1927 and in October that year he married Miss Goodrich at Paterson, N. J.

Fo!lowing testimony vesterday that Mr. Van Loon had left his third wife and was living with his second, Referee Burr directed Miss Goodrich's attorney to submit findings for a decree of divorce within ten days. When these findings have been signed and filed by the referee it is expected that the decree will be granted in the Supreme Court.

New York Times whenever they are unable to obtain a copy of this newspaper at any news stand at a reasonable hour.

The Times almost invariably is sold out early in the day on city stands, or soon after its arrival in other cities. Newsdealers cannot return unsold copies, and order only to supply the usual demand. The Times wishes, of course, to see that a sufficient number of copies are available to serve all regular readers.

FREEMAN Is

Condemns Loyalty That Salutes Flag and Covertly Evades the National Laws.

WASHINGTON, Oct. 23.-WIth impressive and eolorful ceremonies, officers and members of the National Society of the Daughters of the American Revolution today join in consecrating 'Constitution Hall,' the third of its headquarters buildings in Washington, which houses the society's library and an auditorium with a seating capacity of 5,000.

The building was dedicated to the memory of the founders of the Republie by Bishop Freeman, in an address in which he congratulated members of the society on the achievement in adding so beautiful a structure to the upbuilding of the capital.

He urged them, however, to remember that the public services of women, individually or through organizations, however valuable, were exceeded in importanre by the service it was their peculiar privilege and duty to render in the home.

Americans, aceording to Bishop Freeman, are too prone to depend upon legislation and law-enforeing bodies to insure that reapect for and obedience to law which is the result oniy of early tenching and character aining. Without home training, he told the assembled Daughters, lawn are of little avail.

Well doen President Hoover remind us in foreeful and well-considered language that no problem thet confronts us or that so threatens to halt us in our nrogress is comparable to that which has to do with disregard for the sovereignty of law.

"There is a low-grade and all too widespread brand of patriotism that, on public occasions, shows conspie-uous respect andreverence for the flag and loudly defends laws that lay no toll upon personal convenience or personal privilege, and yet wan-tonly evades or covertly disobeys thosethat aredesigned to serve the high ends ofour moraland phys-ical well-being.

"An expressed loyalty thnt will not yield obedienceto what is the fundamental law of the land, even though that law may cut directly across private interests and concerns, is a loyalty that makes no contribution to the ultimate weal and wealth of the State."

### BRIDGE PLAYERS HOLD FOUR 13-CARD SUITS

### The One Chance in a Million Occurs in London-Cards Were Well Shuffled.

LONDON, Oct. 23.-The millionth chance of a freak hand in auction bridge occurred at the Carlton Hotel tonight wnen George du Cros dealt to himself thirteen diamonds, to Sir Charles Sykes on his left thirteen spades, to Sir Charies Mandelberz, his partner, thirteen clubs, and tu A. G. Rossiter, thirteen hearts.

Mr. du Cros immediately laid down his cards, ssking 'Whst can vou do against this?' Sir Charles said: "Keep your cards up," whereupon the other players laid down their cards, exclaiming: "We've got thirteen cards of a suit also!"

Sir Charles declares that he shuffled the pack six or reven times before Mr. du Cros took them.

"Mr. du Cros also shuffled befow Mr. Rossiter," he said. "I, of course, told Mr. du Cross to pick up his cards because I saw that I had the winning hand. It is freakish, if you like, but they paid on my holding thirteen spades, which is seven tricks in spades and unbeatable."

# Brothers Shoot A. L. Applebaum in His Office and Are Seized After Hard Struggle.

### ADMIT PLOTTING THE CRIME

Tell Police They Were Enraged by Victim's Delay in Getting Aation on Marine Bicycle Invention.

Two shoemakers who deserted their lasts to attempt the invention of a marine bieycle admitted to Assistant District Attorney John J. Greene last night that they had carried out earlier in the day their prearranged plan to kill Aaron L. Applebaum, patent attorney, in his office at 41 Park Row, if he told them again that their application for a patent had been rejected. Applebaum was shot twice in the head, once in the hand, and severely beaten after he had fallen to the floor, mortally wounded by the bullets.

The slayers are Pietro and Leonardo Danns, brothers, 42 and 38 years old respectively, of 144 Roebling Street, Erooklyn. Pietro admitted baving fired tine snots, and both confessed thnt they bad heaten the fallen man and also that the murder was in accordance with an agreement reched between themselves on Tuesday evening. They were held without bail on a charge of homicide.

### Attorney Alds Captnre.

The prompt capture of the Danna brothers was made possible by the courage and quick action of George MeCauslan, an atforney, who with Applebaum and Lawrence C. French occupied a suite of offices on the ninth floor at the Park Row address.

Mr. MeCauslan, hearing the shots, and seeing the prone body of Mr. Applebaum with the Dannas bending over him and beating him, attacked the Dannas first with an electrie fan and later with an armchair.

The two brothers were arreated on the ninth floor of the building shortly afterward by Patrolman John Ryan after a hard fight in which he was assisted by Joseph Staina, elevator starter, and Russel C. O'Brien, 18 years old, an employe of the Board of Estimate and Apportionment. A crowd gathered in the ninth floor hallway witnessed the struggle, during which Ryan's revolver was once accidentally discharged.

Commissioner Whalen went to the scene as soon as he had heard of the shooting and led the investigation, aldedby Chief Inspector John O'Erien and Deputy Chief Inspector Edward J. Mulrooney. Detectives and reserves were sent from the Oak Street station. According to Commissioner Whalen, Assistant District Attorney Greene snd others what happened was this:

The Dannas, having tried in vain for seven months to get their device patented with the aid ot Mr. Applebaum, had grown suspleious and had deliberately accused him of deliberately putting them off. They said they nad call ... rally agreed they would kill him if he put them off again. Accordingly, Pietro Danna armed himself a 38-calibre pistol mnd the two brothers paid their eustomary call on the patent lawyer shortly before eleven o'clock yesterday morning.

Mr. Applebaum occupied one of the three smiall, partitioned-off offices in the euite, the dours of all of which open on a general reception room. The Dannas were in this reception room when the attorney went out to meet them. A brief argument enaued. It was pointed out that, hed the Dannas understood English better, or had Mr. Applebaum been able to explain the true situation to them in Italian, the murder might not have occurred.

Although Mr. Applebaum had told others in the office that he had been having trouble with the Dannas over their device, apparently no one noticed that snything unusus! was going on until shots were heard. Pletro in sald to have admitted he drew his pistol and fired three times. Either of the two shots that took effect in Applebaum's head was sufficient to chuse denth, the examining surgeon said. The bullet that pierced Mr. Applebaum's hand was said tn have been fired after he had died. He in believed to have been dlead while the Dannas were beating him.

When he heard the shots, Mr. McCauslan rushed into the reception room. In his own language, he "raw red" when he beheld the two men pummelling the prostrate body. On the partition in front of his office was an electrie fan. He snatched up and attacked the brothers with it, despite the fact that Pietro had the pistol in his hand which he still held five fresh cartridges. He admitted later that he had reloaded after shooting Applebaum to death.

Throwing the fan at the brothers, Mr. MeCauslan picked up an armchair and attacked them with that. After a few blows the armchair broke and MeCauslan rushed out of the office.

When Joseph Staina of Bellmore, L. I., the elevator starter, heard the shooting, he started up in one of the elevators and, at the sixth floor, took on Patroiman Ryan, who chanced to he in the building. When they reached the ninth floor they found Russell O'Brien who said he had left another elevator at that floor by mistake.

When the car stopped and the patroiman and starter got off, the Danna brothers were standing in the hallway just outside the door of Mr. Applebaum's office.

### Brothers Attack Policeman.

Ryan demanded Pietro's pistol. Both Pietro and his brother Leonardo leaped upon the patrolman. Staina and young O'Brien joined the fray and McCauslan, returning, aided the officer and the two civilians.

The Dannas bit the hands of O'Brien and Staina painfully, but not seriously. They received numerous blows in return. The sceidental discharge of Ryan's revolver seemed to have some effect upon them, as they were soon afterward subdued.

Commissioner Whalen thanked the three men for their aid in subduing the Dannas, and said later, after the brothers had been queationed at length and others had been interrogated about the occurrence, that Mr. Applebaum had been murdered cold-bloodedly and as a result of premeditation.

Mr. Applebaum was 39 years old, married and the father of four children, the youngest of whom is only 13 months old. He lived at 61 Eighty second Street, Erooklyn.

Mre. Applebaum said her husband had been worried for some time about the bebavjor of the Danna brothers. She collapsed when told that her husband had been killed.

# As Will Rogers Looks Upon The New York City Campaign

To The Elitor of The Neu York Times:.

They are soon to have a city election here in New York City, and there is no more use getting excited over the outcome of it than you sbould over the outcome of a Presidential election, only the case is exactly reversed.

A Democrat can't win nationally because he runs out of Democrats too soon, and a Republican can't even get a base on balls in this city because Republicans are too scarce, Then you can always leave it to a minority rarty, in any campaign, to split and run everybody they can think of.

So Jimmy Walker will win by perhaps the biggest majority of any candidate in years, and will then kick himself for getting up at 9:30 and 10 o'clock in the morning to make speeches.

If he even changes spats for this election he will be wasting time. Yours,

WILL ROGERS.

# FIVE NEW SCHOOLS TO BE BUILT BY CITY

Board of Education Lets Contracts for Bronx and Brooklyn Institutions.

WILL COST 00

New Buildings Will Seat 1,600 New Pupils Each-Plans Are Approved for Others.

The Board of Education voted yesterday afternoon at its semi-monthly meeting to give the school system five new buildings. Contracts were awarded for the construction of two buildings, and plans were approved for the erection of three more.

The new Publle School 105 will be constructed on Brady Avenue, near Helland Avenue, Bronx, by the Sound View Bullding Corporation at a cost to the city of $334,000. The school will have 1,600 seats.

The D. M. W Contracting Company will erect Public School 230 at Dahill Road, near Albemarle Road, in Brooklyn, for $526,000. The new building will provide accommodations for 1,646 pupiis.

Plans were approved for the construction of the new Walton High School at 196th Street and Reservoir Avenue, the Bronx. The cost is estimated at $2,250,000 for 3,700 seats.

The board plans to construct a new building for Public School 102 in the Eronx and for Public School 108 in Queens at an estimated cost of $806,000. The new buildinga will increase the school capacity by 2,100.

The board also approved contraets totaling $113,345 for mechanical equipment for the new Public School 230 in Brooklyn.

On the recommendation of the board superintendents, Joachim Scoppa was named principal of Public School 92 and George D. Lewis of Public School 93, both in the Bronx. The board received a communication from the superintendents that 14, 23, Queens, will establish two short-time classes due to overcrowding.

The board approved the selection of a site for a school in the Canarsie section in Brookiyn and of playground space for Public School 21, Manhattan.

# BUDGET PROBLEMS BALK SCHOOL GROUP

### Retardation Committee Finds Itself Overloaded by Five 'Referred' Questions.

The practice of the budget committee of the Board of Education of disposing of requests for the extension or establishment of various educational services by referring them to a committee appointed to study the special problem was informed at its regular meeting by Superintendent William J. O'Shea that the retardation study committee is finding it inpossible to study thoroughly five of the eight questions propounded by the budget committee last Summer.

Associate Superintendent Margaret McCooey is chairman of the group appointed last June to report on "retardation, truancy and problems of conduct and personality." Later, when the budget committee, headed by Commissioner Arthur S. Somers, was finding difficulty in granting requests for additional special teachers and various other school services, they were referred to Miss McCooey's committee. The problems submitted are so varied and difficult, however, that the committee realized it cauld not do justice to them. School officials admitted that a competent specialists' committee would be needed for an intelligent report on almost any one of the problems submitted to Miss McCooey.

Dr. O'Shea asked the board to permit him to appoint additional committees to study the five problems, but the reguest was withdrawn from the calendar at the last moment. However, the superintendent said he was going to make the new appointments soon.

The problems to be reassigned are the question of the need of additional teachers of drawing, music, sewing and health; teachers of home-making and shopwork; a Summer evening secondary school, adult illiteracy and employment for persons on eligibility lists.

### SAVES BOY FROM CHAIR.

Pennsylvania Board Commutes Harvey Feathers's Death Sentence.

HARRISEURG, Pa., Oct. 23 (P.- The State Board of Pardons today commuted the death sentence of Harvey Feathers, 17-year-old Bedford County slayer, to life imprisonment.

Feathers was sentenced to die in the eiectrie chair Oct. 28 for the

# L. W. SEAMAN LEFT CHARITIES $5,000,000

Broker's Will Divides More Than $1,000,000 Among Thirteen Relatives and Friends.

### RESIDUE PLACED IN TRUST

From It Executors Will Make Further Gifts to Charity Put at More Than $2,000,000.

### ONE BEQUEST EXPLAINED

Stay in Roosevelt Hospital After Injury Brought Knowledge of Its Needs to Financier.

Lloyd W. Seaman, retired stock broker, who died Sunday at Roosevelt Hospital, left more than $5,000,000 to New York City charities, It was disclosed yesterday when his will was filed for probate. Slightly more thun $1,000,000 is to be divided among thirteen relatives and friends, while specific charitable bequests total $3,250,000. The residuary estate is left in trust for charities in the eity to be selected by the executors, and this trust fund, it was estimated yesterday, will certainly exceed $2,000,000, and possibly will exceed $3,000,000.

Mr. Seaman was a member of an old New York family and had lived in retirement at his home in the Apthorp Apartments, Broadway and Seventy-ninth Street, for two decades. Prior to that time he was a member of the former New York Stock Exchange house of Chapman & Seaman. His closest surviving relative is a sister, Mrs. Ruth Seaman Woodworth of Redlands, Cal.

### Executors Have Free Hand.

The trust establiahed by Mr. Seaman's will receives the residue after total speeific bequests of $4,290,000 have been paid. Bern Eudd, of counsel for the executors, said yesterday that it was imposaible to give even a rough estimate of the probable amount of this residue.

Other than that the charities selected shall be in New York City, the executors, who are former Federal Judge Francis A. Winalow of Yonkers; Joseph D. Godfrey of Greenlawn, L. I., who handled Mr. Seaman's business affairs for many years, and the Guaranty Trust Company, are given a free hand in administering the trust.

Of the specific charilable bequests, the largeat are of $1,000,000 each to the Salvation Army, "to be devoted to its religious, charitaable, and missionary work"; to Roosevelt Hospital, "for medical treatment of the sick poor"; and to the Charity Organization Society, "for the relief of the poor." St. John's Guild of New York recelves $100,000, as a memorial to Mr. Seaman's father and St. John's Riverside Hoapital, in Yonkers, receives $50,000 as a memorial to his mother. A bequest of $100,000 is made also to the Manhattan Eye and Ear Hospital.

Mr Seaman contributed regularly during his lifetime to all the institutions named in his will, with the exception of Roosevelt Hospital, according to Mr. Budd. His first contact there was in January, 1925, when he was injured in an accident, and Mr. Budd said yesterday that he believed his experience at that time was what persuaded him to make the bequest.

He was crossing Broadwny at Seventy-ninth Street to go to his home in the Apthorp Apartments," Mr. Budd said, "when he was hit by a Broadway surface car. He was taken to the Roosevelt Hospital, where his leg was amputated. While there he learned of the work done by this institution among the city's unfortunates.

The trust fund is established by the twentieth ciause of the will, which reads as fcllows:

"All of the rest, residue and remainder of my estate, if anv, and of whatsoever nature or description, I give, devise and bequeath to my executors hereinafter named, in trust nevertheless, and with the power to distribute the same for the uses and purposes following, that is to say: the said executors shall select such worthy charities, incorporated or otherwise, in the city of New York, as in their discretion and judgment shall seem proper, and shall divide the said residue among such charities and in such proportions and amounts as to my said executors shall seem proper.

The bequests to relatives and friends, in the order in which they appear in the will, are as follows:
MARY HARPER MACKRELL, COUBIn, ef Eay8ide, L. I.. $150,000.

JOSEPH D. GODFREY, exnCUtOr and bus- neas ass0cinte, 100,000.

Mrs. RUTH BEAMAN WOODWORTH, $100,000.

ANNIE SCHLEY VOIGHT, a COURIM, of Washington, D. C.. $100,000.
ELEANOR FITCH, a cousiS, Rochester, N. Y., $100,000

HEWLETT P. SEAMAN, a COUSIS, MI SOUth Walnut Bureet, Bouth Orange, N. J., $80,000.

LLOYD I. SEAMAN, a COusIS, GreenWOod Lake. N. Y.., $40,000.

CLARENCE SEAMAN, SOO BuMMit AV., CI Yeuth Oranne, N. J.. $10,000.

HABOLD SEAMAN, COUMIN, 54 NOrth Twentieth Btreet, East Orange, N. J.. $40,000.

WOODRUFF SMITH, a boyhood friend, of Yonkerm. $10,000.

AGNES WISNER SUTRERLAND. & COUBM, 1es Gihson Etrest, Canandsigus, N. T., $150,000.

Dr. ROBERT 8. ADAMS, persona! phyaleian and friend, of tho New Hetel Westom, 84 East Fiftieth Street. $30,000.

MINNIE HARANDEEN, & cOuSID, PArK Av., Cannndaigun, $100,000.
The will was made Oct. 2, just eighteen days before Mr. Seaman died. He was still at his home at the Apthorp Apartments at that time, and although he was a semi-invalid as a result of the loss of his leg, he was not yet ill at the time. Practically the entire estate, Mr. Budd said, is in securities.

LONDON, Ont., Oct. 23 (Canadian Press.)-The Right Rev. M. F. Fallon, Bishop of the Roman Catholie diocese of London, seemed today to be gradually recovering from the relapse of his iilness which it was feared a few days ago would be fatal. He is still weak, the official report said, but had a good night and in bright and cheerful.

BROOKLINE. MaSS.. Oct. 23 (P.- The Rev. George A. Gordon, pastor of the Old South Church in Boston for forty-five years, was in a critical condition at his home here today after a paralytic stroke last Friday. He is 76 years old.

Scoring unit: news-nyt-warder. Joined pages use the same full output.

**STATE SAYS WARDER**
**GOT BRIBE IN PERSON**

**Sixth of Singing Convicts**
**Buy Newspaper Each Day**

Special to The New York Times.

OSSINING, N. Y., Oct. 23.—One prisoner in every six quarters in Singing Prison receives a daily newspaper regularly, it was disclosed today by prison authorities. They said 300 newspapers enter the prison every day of which sixty are tabloids and the rest standard size.

There are 1,938 prisoners in Singing, but about 150 of these either are illiterate or cannot read English.

Each subscriber passes his newspaper around, so nearly all of the 1,500 prisoners who can read English see a newspaper frequently, although many of them lack funds to subscribe for one.

institutions on the basis of the report would be prepared by a deputy director of the Department of Public Health.

Mr. Egbert admitted that it was not unusual for a report of an examination not to mention violations of the banking law.

"The bank's banking superintendent must rely on the reports of his examination to do that," he said.

"Right."

Mr. Cuff then got the witness to Singing Prison to say that he was a prisoner in his cell when he was in the process of with holding the examination until the merger was finished and the bank was in control of Singing Prison. This was important because the merger of the Atlantic State Bank with the Harlem Bank of Commerce and the City of New York Company took place at about the time the examination should have been made.

In the afternoon, Mr. Cuff was attacked by the ex-Unionist, Mr. Egbert, who had the ex-Unionist's ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Unionist ex-Union

Scoring unit: news-nyt-warder. Joined pages use the same full output.

THE NEW YORK TIMES, THURSDAY, OCTOBER 24. 1929

## STATE SAYS WARDER
GOT BRIBE IN PERSON

Prosecutor Tells Jury Bank
Head Received $10,000 From
Ferri Agent in Home

TRACES COURSE OF CASH

Also Promises to Prove That
Gratuity Won Immunity for
Books of City Trust Co.

## DEFENSE SPEECH WITHHELD

Former Aide of Accused Man on
Stand Tells of Failure to
Make Examinations.

Evidence that Frank H. Warder,
former State Superintendent
Banks, took money directly from an
agent of the hits Francesco M. F.
rank, president of the defunct City
Trust Company, was promised yes-
terday by Hiran C. Todd, Social
Assistant District attorney, in his
opening address to the jury before
which he is prosecuting Warder for
accepting twice.

In his brief address Mr. Todd also
promised to show that the money
was paid by Ferrari to prevent the
examination of his banking affairs
required by law.

During the day only one witness
was examined, George W. Expert,
ehief bank examined, who told of be
ing instructed by Warder to with
hold examination of the City Trust
Company officials. Defence counsel on
eroso-examination sought to lay the
responsibility for any negligence
upon Warder's subsidiaries.

Mr. Warder sat, mave and well
groomed, at the counsel table with
his attorney, Missen L. Duff, during
the opening address.

Mr. Todd went on to say that the
Indicment charges Warder with ex-
exping $10.000 "in consideration of
which as Superintendent of Banks
charged with the duty by law
made examinations of aank, to
omit such examination in the Fall of
1928."

## Describes Transfer of Money:

“The manner in which this bribe
was taken.” Mr. Todd continued,
“was not the chances of transgance
that men than in the middle of
Broadway in daylight. We will show
you each team from Wilmweleral
of the money in the bank by a trust-
ed lienment. As delivered you. For
ravit's sicked—has Will it at the time
–hand over in the presses of a second party in unlawule envelope
and then carried to the Riverside
Three evidence of the defendant and
there hundred to this defendant,
Frank Warder, and the defendant
took it out and counted it in his
President.

Mr. Todd then sketched for the
benefit of the joy the inter-deflation
between the Marrland Com-
wereth, the Harlan Bans of Com-
waren, the Atlantic State Bank and
the City Trust Company, the final
product of hergers.
“Derpers can be described,” Mr.
Todd continued “as the news of your own
tuse violations and cordial. He
had the idea that any favors from
the working department could be
purchased with money, as we shall
show.

Mr. Cuff lumped to his feet at this
hure with a demand that a jury
he will ever had been in-
went accurate and hence made.
“not only of customable but of no
why. He said there have were
made to friends of Ferrari or to his
expectations and how much
have aundated how ever, the over-
dord of the Anyone from $30,000 to $30-
day, $50.000; $60.00; $70.000-
000 and finally do more than $150-
000.

Mr. Todd said that in addition to
this specific evidence the State would
being witness to show dealing
through the course of years between
Percent Warrant, Warry, “Where are
so many of these incidents I am not
giving the details of each account
of money to the defendant, Frank
H. Warder.”

## Defense Speech Withbeh.

Mr. Cuff refused to make any open-
ing address to the jury. He wanted
to reserve his opening until after
the State’s man had been presented,
but was instructed by Justice Tompy
Mia has they would have to make his
opening them or not at all.

I am engleding on my constitu-
tion prevailing,” Mr. Cuff said.

“They you don't want to open?
buquired Justice Tomplion, who had
explained the ruling, “Call the first
winters.

Mr. Egbert, taking the stand, eyed
his new chief identified the re-
ord of examinations of the Perrer
venber, 1970 and No-
ventor, 1924, and told again the
story he told me about the
ongoing to withdraw the examination
of Ferret's books yet Mr. Warder,
Security because the average
Security before the nextute
force ensamination, The line of
defense become immediate appear.
ext. Mr. Cuff obtained from the wit-
ness situations that she he who
had assigned Samuel Ranch, the ex-
amines for the City Trust
examinations, without instructions
from Mr. Warder.

“When you selected him you has
implied confidence in him?” Mr.
Cuf asked.

“I certainly did,” Mr. Egbert re- piled.

Mr. Cuft then sought to show that
on the basis of the figures the
examination in both November, 1971,
and in 1928 the bank was meant;
with capital and surplus unimpaired.

“DMB, Black report a imquilir
ment of the capitalist Mr. Cuff in-
quiries.

He did not,” the witness replied.
Mr. Cuft downye the egressor
the event that with capital and sur
plus must the bank would have had,
in round figures, $15,000 to pay
claims.

## Trates Bank Reports.

Mr. Cuft then traced the routine
of bank reports to show that, unless
an unusual situation developed, the
regard would not go to the superior
tendent immediately, but would be
handled by the deputies, and that
the disciplinary letter written to the

## ATTACKS FALL PEA
FOR JURY SYMPATHY

## Government in Argument Says

“Doheny Got the Lease, Sec-
retary Got the Money.”

## JURORS GET CASE TODAY

Justice Hitz Will Make Charge This
Morning in Naval Oil Lands

Bribe Trial.

## Special to The New York Times.

WASHINGTON, Oct. 22--The fate
of Albert X. Paul to Secondary of the
Interior, now on trial in the criminal
branch of the Supreme Court of the
District of Columbia on the charge
of having issued the Elk Mills Naval
Oil Reserve to Edward L. Dobany in
conclusion of a bribe of $100,000,
will be the hands of the jury be-
foren soon tomorrow.

The arguments ended at 4 o'clock
this afternoon, and Associate Justice
Hits will begin his charge to the jury
at 3 o'clock tomorrow morning.
The charge is not expected to last
more than half an hour.

This, the final day of Pal’s trial,
against the court room packed
to capacity, while outside a hundred
or more women sought is van to
pain entrance. The defense con-
cluded six hours of talking at
noon and two hours later Down J.
Chobers of Philadelphia began the
closing argument for conviction.

## Doheny Wanted Lease, Fall Money.

“Aphish to your sympathies and
prejudices have no place in this
case,” said Mr. Robert., “It is all
simple. There are four things of a
controlling nature for you to remain
“ One that Doug wanted the
lease of the Elk Hills. The second
D監委 got the lease, and the fourth
is, flat set the money.

“Do not forget that this money
from Dobey and the more than
is non-000 Fail behaved from Sinular
isdoming, in case cases from
Obby to Falls pockets.

## Refers to Sinclair Payment

“Think talk of political perspecution
is only dut thrown in the effort
to observe a very simple issue.”

Mr. Roberts argued that the de-
ference claim that the Doheny pay-
ment was return to any regulations
between Fail and Dolany would not
stand the test of investigation. Ad-
mitted accounts offered thousandsous sounds
evidence prove opposite to
have been the case, declared Mr.
Roberts.

The defense used by mormorling
action with more plans for assault
him, the closing arguments being
Wilton J. Lambert of Washington
and Mark Thompson of Phoenix.
Ariv, the latter being Fall’ per
real counsel.

## Judge Louisa Defense

Mr. Thomason began with a plees
for “two old men” who met forty-
three years ago on “the deserts of
the Southwest”.

“The color of Mr. Dobeyar
Riz, not in evidence,” ruled Justice

Mr. Lambe made the final argu-
ment for the defense and up
his time emphasizing that under the
legal rules to correct person of a
drug suit must be established be-
yond reasonable doubt.

## GOV. ROOSEVELT CALLS
SECOND PRISON PARLEY

## He Summons Experts to Meet in
Albany, Nov. 11 on Program
for Institutions

## Special to The New York Times.

ASBANY, Oct. 23--Over-
Roseman has called a second confer-
ence to study a program for correct
national institutions of the State. The
then one was held at the Governor’s
home in New York City on Sept. 12
The second will take place Nov. 11
in the executive chamber.

Cherner stated enough that
he had invited the following to at-
tend.

Scherst N. Lebanon, Lieutenant, Governor,
Regression P. C. Kise, Communicines of Con-
stitution.

Beating the Inter, president Ross Associ-
tion, New York.

Beating the Her, Russell Sign Poulie-
tion, New York.

Corvory of Final Information, Inc. Auburn
General, Colombia, Colombia,
Commentos and Fisher Labor,
New York.

Private Assistance, American
Fin Association, New York City
China, China, Commissioning
Rowe, Maine, administrativement of
Chronic Communication, Northrop.

More Water, Malnutrition, Milocernities of
Ongoing Commission on Correctional Services
Council on Penal Institution, Canada,
Times on Penal Institution, Schacestov-
shire on Penal Institution, Chacestov-
shire on Penal Institution, Chamon-
Live on Penal Institution, Chamon-
Live on Penal Institution, Chile,
Miss Jean, New, member of the State Com-
liamentary, Mexico, United States Com-
mittee, Western Sydney Greenhouses,
Nancy & Garden, Sunday Sing Sing Picos,
France, France, situated, supersedent New,
Season, Lauder and west week of the
governing board of the America In-
stitute of International Law, of
which Mr. Scott is president.

## _Air Mail Here From Buenos Aires in 11 Days,_
_Cutting 6 Days From Ship and Rail Time_

Mall which left Buenos Aires eleven
days before arrived in New York
yesterday, coming all the way by
air. It was the first air mail to
be defined at the New York post
office under the recently signed con-
trast between the Argentine Republic
its and Pan-American Airways. The
planes cut approximately six days off
steamer and rail time from the Ar-
gentina.

On Oct. 12 169 pounds of left
the Buenos Aires postoffice. It was
flown to that day across South
America and over the Andes to San-
tiago, Chile, and therec up the west
coast of South America to Cristiabal.
There are mail was turned over to
Pan-American Airways and on Oct.
21, exactly on schedule, it was deliver-
views to the postal authorities in
From Miami Pitcair Aviation hanc-
did, this first consignment and
landed the email at Hadley and New-
and Airport yesterday morning at 5
o clock.

## STRIKE IS AVERTED
ON SUBWAY WORK

Delaney Announces Union Will
Await His Efforts to Bring
About Settlement.

## HE CONFERS WITH LEADERS

Meets Contractors Today to Arrange
a Parley Between Them
and Vorkers.

John H. Delaney, chairman of the
Board of Transportation, announced
yesterday that the threatened strike
of railway construction and been averted pending efforts on his
part to mediate between the railway
contractors and the union. His son
movement followed a two-hour con-
ference with representatives of the
union in his office at the Board of
Transportation Building, 49 Lafayette
Street.

Mr. Delaney will confer this after,
soon with a delegation from the
general Contractors’ Association,
which will include all of the con-
tractor now engaged in subway con-
struction, it was announces. Effort
will be made at thattime, it is un-
deertado, to lay the basis its merits
ing between the representations of
the work and of the contractors
to seek agreement.

Arthur Johnson president of the
concurrently organizing product
(rubanse that would procran-
ly have the delegation, from his
group this afternoon, John McFarle,
second the
unning art for the world French,
and four orders in the home.
and four organizers, James Lynch,
John Mon. Martin Brooks
Patrik Fleming, represented the
unions at the conference yearably.
It is understood that the union has
denounced recognition and in the
creation ways which the union
jurisdiction. The union claims are
membership of about 2,000 men
among authors, are main
tains that all "under-the-surface
endorsement where its jurisdiction.

The organization, which is known
as Compressed Air, Tunnel, Founda-
tion and Sever Workers Union 6
of the American Federation of La-
tor, was formed by workers, and multi
manages of a number of individu-
ments on within its jurisdiction.

## FAVORS VAN LOON DIVORCE.

## Refreses Historian Is Now

A divorce decree is to be granted
the former Frances Goodrich, ac-
tress, from Hendrik W, Van Loon
historii and escutty estat, a referre’s har-
ing in which it was testified that
Mr. Van Loon, who has been nared
yield three times, it is present living
in Holland with his second wife, the
former Helen Crowell.

## D. A. R. DEDICATES
‘CONSTITUTION HALI

Third of the Headquarters
Buildings in Washington Will
House the Society’s Library.

## BISHOP FREEMAN WARNS

Meets Contractors Today to Arrange
a Parley Between Them
and Vorkers.

Schoolens to The New York Times.
WASHINGTON, Oct. 23--With im-
pressive and colorful ceremonies, of-
ferces and members of the National
Society of the Daughters of the
American Revolution today join in
consisting "Constitution Hall,"
the third of its headquarters build-
ings in Washington, which houses
the society’s library and an audio-
rium with a negative capacity of 5,000.
The building was dedicated to the
memory of the founders of the Re-
public by Bishop Freeman, in an ad-
didence in which he congratulated
members of the society on the
achievement in adding so beautiful
structure to the uphubing of the
capital.

He urged them, however, to re-
member that the public services of
women, individuality or through er-
ganizations, however valuable, were
executed in importance by the ser-
vie it was their peculiar privilege
and duty to render in the home.

Americanians, according to Bishop
Franznam, are too prone to depend
upon legislation and law-enhancing
bodies to insure that respect for and
objedience to lie which in the result
only of early cash flow and security
building. Without home training, he
held into assembled the way of the
most important words, see a
of little walkers, for den-
drill rumures it has asked $9.30, and for
drill rumors helped us to day.

“There are about 5,000 or 6,000 mer-
ment of them unaut workers,
they played in subway work for the classi-
ployed in subway work for each
history. Then union claims are
membership of about 2,000 men
among authors, are mainly
tains that all "under-the-surface
endorsements" come within its jurisdiction.

The organization, which is known
as Compressed Air, Tunnel, Founda-
tion and Sever Workers Union 6
of the American Federation of La-
tor, was formed by workers, and multi
manages of a number of individu-
ments on the Compressed Air
themers local, it was never allowed
known as New Yorkers, and multi
tainers of the needless even
change to the owners of Mr
there and those people. For con-
cate workers, muscled and common
lobores who were revise $4,90 a day,
for unions are subject to serve the
high ends of our moral aid phy
ical wellbeing.

“An expressed loyalty that will not
yield obdients to what the sum-
dered, even
though that law may cut directly
across private interest and concerns,
is a loyalty that makes no contribu-
tion to the ultimate seal and wealth
of the State.”

## BRIDGE PLAYERS HOLD
FOUR 13-CAR SUITS

The One Chance in a Million
Occurs in London—Card
Were Well Shaffled.

Band Club to the New York Times.
LOONDO, Oct. 23--The milloth
chance of a freak land in auction
bridge occurred at the Carlton Hotel
tright when George du Crock dealt
to himself thirteen diamonds, to Sir
Charles Syston on left bitters
spades, or Sir Charles Bandangberg,
his partner, thirteen clubs and to
A. O. Hoskins, third cards,
Mr. du Cruz immediately laid down
his cards, asking “What you do
saying this!” Sir Charles said:
‘Keey your cards up,” whenever
the other players hit down their
cards, excluding: “We’ve got this
ten cards of a suit each of the same
side, and the best ones that
their parents of the nation, the winning
legoon said. The bulls about they should
for the altro they shortly before eleven of clock
yesterday morning.

## As Will Rogers Looks Upon
The New York City Campaign

To the Editor of The New York Times.

They are soon to have a city
election here in New York City,
and there is no more use getting
excited over the outcome of it
than you abound over the outcome
of a Presidential election, only
the case is exactly recorded.

A Democrat can be mistakenally
because he runs out of Demo-
crats too soon, and a Republican
can’t even get a base ball in
this city because Republicans are
too cancer. Then you can always
leave it to a minority γry, in
any campaign, to a minently and
everybody they can think of.

So Jimmy Walt will win by
perhaps the biggest majority of
any candidate in years, and will
then kick himself for getting up
at 9:30 and 10 oclock in the
morning to make speeches.

If he even changes sparks for
this election he will be wasting
time. Yours,
Will Rogogers.

## FIVE NEW SCHOOLS

## TO BE BUILT BY CITY

Board of Education Lets Con-
tracts for Bronx and Brooklyn
Institutions.

WILL COST $1,000,000

New Buildings Will Seat 1,600
Pupils Each — Plans Are
Approved for Others.

The Board of Education voted yes
terday afternoon at its semi-monthly
meeting to give the school system
five new buildings. Contracts were
arrested for the construction of two
buildings, and plans were approved
for the erection of three more.

The new Public School 100 will be
constructed on Brady Avenue, near
Holland Avenue, the Brown, by the
Sound View Building Corporation at
a cost in the top of $24,000. The
school will have 1,600 seats.

The D. W. Contracting Com-
ny will meet Public School 250 at
Absolute title, near Mah Road,
Brooklyn, for $230.00. The new
buildings will provide accommodations
for 144 pupils.

Plans were approved for the con-
struction of the new Polign
School at 1960-Street and Reservoir
Amount Boom. The new sets-
uated at $2,250,000 for 2,700 seats.
The board plans are required to be
building for Public School 100 in the
Brown and at Public School shall
house at an estimated of $600.
The new buildings will increase
for school capacity by 2100.

The board also approved contracts
training $13.5% for mechanical
equipants for the new Public School
for Brooklyn.

On the recommendation of the
board of appointments, Robin
Groups was named principal of Pub-
ship School and George Lewis of
Polish School 5, but in the Bronx.

The board received commain-
tion from the superintents an-
munning the establishment of 2 ad-
tional short-line issues. Most-
times close to the increased in Pub-
lor School 21 and 41, the Bronx 114,
Brooklyn, and 96, 135 and 123,
Greece, Rhode Island 8, Bronson,
will establish two short-line clean
due to overcrowding.

The board approved the selection
of a rate for schools in the Canace
section in Brookyland and play
ground space for Public School 21,
Manhattan.

## BUDGET PROBLEMS

## Reladiation Committee Finds It
self Overloaded by Five
‘Referred’ Questions

The practice of the budget com-
mittee of the Board of Education of
disposing of requests for the ex-
mission or establishment of war/run
educational activities,
try them to a committee appointed to
study the special problem of retards
ism proved a boomerary yearday.
The board was informed at its reg-
ular meeting by Superintendent Wh-
lam, or ‘One that the retachation
study committees in finding a
sible to study thoroughly five of the
eight questions presented by the
budget committee last Summer.

The benefits relatives and
finns, in the order to which they
appear in the will are as follows:

Acsolutely INTERMEDICAL, a cousin, of
Burger, L. D. (1900)

AUSIN, RUDE SAMAW WOODCOVER, 100-
000,

ANNUAL SURVEYOR, EOUTS, and,
Founding, D. C. (1900), Bruce,
William, DOYCH, scouts, Rochester, N.
Y., $100,000, OHU, ORCELL,
HORIZED SEAMAN, a couple, 1st South
burn, Street, South Orange, N. J.,
and Oregon, Illinois, South Orange, N. J.,
and Oregon, Missouri, Nevada,
and Florida, Nevada.

Or, Ohio added the word to per-
mit him to appoint additional com-
mittee to study the five problems,
but the request was withdrawn from
the calendar at the last moment.
However, the superintendent said
when going to make the new popular
music soon.

The problems to be reassigned ar
the question of the need of adji-
tional teachers of drawing, make
seeing and healthy teachers of
been making and showrooms. Sum-
mer evening secondary school, adult
lifters and employment for persoons on eligibility lists.

## SAVS BOY FROM CHAIR.

Pennsylvania Board Commutes Har
vey Features’ Death Sentence.

Harrisseurg은 Pa., Act. 23 (CP.—
The State Board of Pardons today
committed the death sentence of
Harvey Features, Spray-Gold Bedford
County slayer, to life imprisonment.
Feathers the sentences due in
the chair Chief, 25 for the
murder to Houston Creek, Greer-
bur To Township Shelby, Cur-
ing an attempted robbery. His
brother Willis, a dead muts, was
given life imprisonment.

## L. W. SEAMAN LEFT
CHARITIES $5,000,000

Broker’s Will Divides More Than
$1,000,000 Among Thirteen
Relatives and Friends.

RESIDUE PLACED IN TRUST

From It Executors Will Make
Further Gifts to Charity Put
at More Than $2,000,000.

ONE BQUEST EXPLAINED

Stay in Rossevelt Hospital After
Jury Brought Knowledge of
Its Needs to Financier.

Loyd W. Seaman, retired stock
broker, who died Sunday at Roose-
velt Hospital, left more than $5,000,-
000 to New York City charities, it
was disclosed yesterday when he will
was filed for probate. Slightly more
than 1,000,000 is to be divided among
thirteen years and friends, while
specific charitable bequests total
$2,250,000. The residency status
left in trust for childcare in the city
to welcome by the operators, and
this trust fund, it was estimated sex-
testing, will certainly exceed $2,000-
00, and possibly will exceed $3,000.00.
Mor. Steam was a member of an
old New York Family and had lived
in retirement at his home in the
Appleboy Amorities, Broadway and
Seventy-ninth Street, for two decades,
including three lines for the number
of the former New York Stock Ex-
changes house on Chapman & Sea-
man, rib closest surviving relative
in a sister Mrs. Ruth Seaman Wood-
worth of Nelson Col.

## Executors Have Free Hand.

The truth established by Mr. Sea-
mans’s will receive the residue after
total specific bequest of $4,290,000
have been paid. Bern Budd, of coun-
et for the securities, and yesterday
that it was impossible to give even a
rough estimate of the probable
amount of this notice.

Other than that the charts select-
at shall be in New York City, the
executor, who are former Federal
town Franklin, A Division of the
cer, Joseph D. Godney of Green-
lauk, who handled Mr. Sea-
man’s business affirmed, many
years, and the Charity Trust Com-
ning, are given a free read ad-
minishing for trust.

Of the specific charitable bequests,
the largest are of $1,000,000 each to
the Boston Army to be ordered
its religious, charitable, and mis-
signatory. However, the Pe-
pial, “for medical treatment of the
date prior,” to the charity Or-
anation policy, “for the relief of
the poor,” in John Guild of New
York receives $100,000, in a memo-
rial to Mr. Seasonan father and St.
John a Riverside Hospital in mo-
kers, receiving $5000 and a memorial
his mother, a bonus of $10000
is made into to the Manhattan Eye
and Fox Hospital.

Mr Seaman contributed regularly
during his lifetime to all the instit-
utions named in his will, with the
exception of Rossevelt Hospital, se-
cording to Mr. Rudd. His right con-
ent there was in January, 1922, when
he was injured in an accident, and
Mr. Budd said regarding the levelled his
levid his experience at that time
bequests.

He was creating Broadway at Row-
nay, which Street to go to his home
in the Sydney Australia. Mr.
Budd said, “when he was his big a
Brooklyn surface, He was taken
to the Rosseast Honists, where his
he was amputated. While there he
learned of the work done by this
institutions among the city’s unfor-
tunes.

The trust fund is established by the
vestants clause of the will, which
read a fullows.

Mr. Dek was the student and
mainder of my estate if any, and of
whatsoever nature or description. I
give, devise and bequeth to my
executor here rather names, in
and with the power or distribute the same for the
loss and possessidering that its
to say: the said executors shall se-
lect worthy clarification, incorporated or otherwise, in the city
New York as the government of the state Com-
ning.

Mrs. Applebaum said her husband
had been for reviewing some time
about the behavior of the Danna
brothers. She collapsed when told
that her husband had been killed.

## As Will Rogers Looks Upon
The New York City Campaign

For the Editor of The New York Times.

They are soon to have a city
election here in New York City,
and there is no more use getting
excited over the outcome of it
than you abound over the outcome
of a Presidential election, only
the case is exactly recovered.

A Democrat can be mistakenally
because he runs out of Demo-
crats too soon, and a Republican
can’t even get a base ball in
this city because Republicans are
too cancer. Then you can always
leave it to a minority γry, in
any campaign, to a minently and
everybody they can think of.

So Jimmy Walt will win by
perhaps the biggest majority of
any candidate in years, and will
then kick himself for getting up
at 9:30 and 10 oclock in the
morning to make speeches.

If he even changes sparks for
this election he will be wasting
time. Yours,
Will Rogogers.

## FIVE NEW SCHOOLS
TO BE BUILT BY CITY

Board of Education Lets Con-
tracts for Bronx and Brooklyn
Institutions.

WILL COST $1,000,000

Pupils Each — Plans Are
Approved for Others.

The Board of Education voted yes-
terday afternoon at its semi-monthly
meeting to give the school system
five new buildings. Contracts were
arrested for the construction of two
buildings, and plans were approved
for the erection of three more.

The new Public School 100 will be
constructed on Brady Avenue, near
Holland Avenue, the Bronx, by the
Sound View Building Corporation at
a cost in the top of $24,000. The
school will have 1,600 seats.

The D. W. W. Contracting Com-
ny will meet Public School 250 at
Absolute title, near Mah Road,
Brooklyn, for $230.00. The new
buildings will provide accommodations
for 144 pupils.

Plans were approved for the con-
struction of the new Polign
School at 1960-Street and Reservoir
Amount Boom. The new sets-
uated at $2,250,000 for 2,700 seats.

The board has approved contracts
making $13.5% for mechanical
equipants for the new Public School
for Brooklyn.

On the recommendation of the
board of appointments, Robin
Groups was named principal of Pub-
ship School and George Lewis of
Polish School 5, but in the Bronx.

The board received communica-
tion from the superintents an-
munning the establishment of 2 ad-
tional short-line issues. Most-
times close to the increased in Pub-
lor School 21 and 41, the Bronx 114,
Brooklyn, and 96, 135 and 123,
Greece, Rhode Island 8, Bronson,
will establish two short-line clean
due to overcrowding.

The board approved the selection
of a rate for schools in the Canace
section in Brookyland and play
ground space for Public School 21,
Manhattan.

## BULGET PROBLEMS

## BALK SCHOOL GROUP

## Retradation Committee Finds It
self Overloaded by Five
‘Referred’ Questions

The practice of the budget com-
mittee of the Board of Education of
disposing of requests for the ex-
mission or establishment of war/run
educational activities,
try them to a committee appointed to
study the special problem of retards
ism proved a boomerary yearday.
The board was informed at its reg-
ular meeting by Superintendent Wh-
lam, or ‘One that the retachation

study committee is funded at proper
sible to study thoroughly five of the
eight questions presented by the
budget committee last Summer.

Associate Superintendent Margaret
Mconey is chairman of the group
appointed last June to report on
“resolution, necessary and problem
of conduct and personality. Later,
when the budget committee had to
the official meeting to the
following section,” for the relief of
the above and the background, in mo-
cluding the first situation to them in
Italian, the murder might not have
occurred.

Bultard the Applebaum had told
others in the case that had been
harmful with the Danne over
their device, apparently no on
notices that anything unusual was
going on until shots were heard.
Pierte to said to have admitted he
does his pitoid and fired three times.
Editor of two shots took took
after it Applebaum’s head was suff-
licent to cause death, the examining
report said, the builds the examining
records said, the builds the examining
Rev. Applebaum’s hand was said to
have been fixed after he had done.
He is believed to have been ideal
while the Danne were telling him.

When he heard the shots, Mr. McClumus missed the reception
room. In his own language, he “aw
rod when to believe the two norm
summelling the protorate body. On
the partition in front of the office
was an electric fire. He snatched
this up and attacked the brother
with it despite the fact that Pierte
had the pitch in his hand which
still had five few earthquakes. He
dimmitted late that he had relocated
after shooting Applebaum deals.

Thayoring the Pin at the brothers,
Mr. McCuman picked up an arm-
hole and attack them with that.
After few holes the armchair broke
and McCumarla rushed out of the
effects.

<class_Text>

<x_0.7266><y_0.8039>When the car stopped and
patrolones and starter got off, the
Danne brothers standing in the
heading, he started in Chicago
who became elected to the McGrey's
committee. The problems submitted
was afforded different that the committee realized it could
do nothing to them. School of’s
claid admitted that a competent pe-
ulate justative conditions to nood
any one of the problems submitted
to Miss McCooney.

Or, O’Brien asked the word to per-
mit him to appoint additional com-
mittee to study the five problems,
but the request was withdrawn from
the calendar at the last moment.
However, the superintendent said
when going to make the new symbolic
musical soon.

The problems to be reassigned ar
the question of the need of adji-
tional teachers of drawing, make
seeing and healthy teachers of
been-making and showrooms. Sun,
mer evening secondary school, adult
lifters and employment for persoons on eligibility lists.

## SAVES BOY FROM CHAIR.

Pennsylvania Board Commutes Har
vey Features’ Death Sentence.

Harrisseurg, Pa., Act. 23 (CP.—
The State Board of Pardons today
committed the death sentence of
Harvey Features, Spray-Gold Bedford
County slayer, to life imprisonment.
Feathers the sentences due in
the chair Chief, 25 for the
murder to Houston Creek, Green-
bur To Township Shelby, Cur-
ing an attempted robbery. His
brother Willis, a dead muts, was
given life imprisonment.

Broker’s Will Divides More Than
$1,000,000 Among Thirteen
Relatives and Friends.

RESIDUE PLACED IN TRUST

From It Executors Will Make
Further Gifts to Charity Put
at More Than $2,000,000.

Stay in Rossevelt Hospital After
Jury Brought Knowledge of
Its Needs to Financier.

Scoring unit: news-nyt-warder. Joined pages use the same full output.

## YORK TIMES, THURSDAY, OCTOBER

## STATE SAIS WARDER Sixth of Sing Sing Convicts GOT BRIBE IN PERSON Buy Newspaper Each Day

## ATTACKS FALL PLEA FOR JURY SYMPATHY

<table>
<tr><th></th><th>Special to The New Yotk Times.</th></tr>
<tr><td></td><td>OSSINING, N. Y., Oct. 23.–One</td></tr>
<tr><td></td><td>prisoner in every six quartered in</td></tr>
<tr><td>Prosecutor Tells Jury Bank</td><td>Sing Sing Prison receives a daily newspaper regularly, it was dis-</td></tr>
<tr><td>Head Received $10,000 From</td><td>closed today by prison authorities.</td></tr>
<tr><td></td><td>They said that 300 newspapers</td></tr>
<tr><td>Ferrari Agent in Home..</td><td>enter the prison every day of</td></tr>
<tr><td></td><td>which sixty are tabloids and the</td></tr>
<tr><td></td><td>rest standard size.</td></tr>
<tr><td>TRACES COURSE OF CASH</td><td>There are 1,958 prisoners in</td></tr>
<tr><td></td><td>Sing Sing, but about 150 of these</td></tr>
<tr><td></td><td>either are illiterate or cannot read</td></tr>
<tr><td></td><td>English.</td></tr>
<tr><td>Also Promises to Prove That</td><td>Each subscriber passes his news- paper around, so nearly all of the</td></tr>
<tr><td>Gratuity Won Immunity for</td><td>1.800 prisoners who can read Eng-</td></tr>
<tr><td>Books of City Trust Co.</td><td>lish see a newspaper frequently. although many of them lack funds</td></tr>
<tr><td></td><td>to subscribe for one.</td></tr>
<tr><td>a</td><td></td></tr>
</table>

Former Aide of Accused Man on

Stand Tells of Fallure to

Make Examinations.

Evidence that Frank H. Warder,

a t superintendent of former State Superintendent

of

agent of the late Francesco M. Fer- Banks, took money directly from an Trust Company, was promised yes-

terday by Hiram C. Todd, Svecial i n the am NE accepting bribes. " " " " In his brief address Mr. Todd also

required by law. During the day only one witness was examined, George W. Egbert, chief bank examiner, who told of bechief bank examiner, who told of be hold examinations of the City Trust upon Warder's subordinates. the opening address. Mr. Todd went on to say that the Indictment charges Warder with aceepting $10,000 "in consideration of which as Superintendent of Banks charged with the duty by law to omit such examination in the Fall of Describes Transfer of Money. "The manner in which this bribe was taken,"' Mr. Todd continued,

lberintendent until handed to him annetaeration at a heike ar sinnon at 10 o'clock tomorrow morning.

as that done with this report, the charge is not expected to last

Mr. Curt then got the witness to or more women sought in vain to patera hold the ramination until settled to a regular routine.

him up on the Re, leg

## Air Mail Here From Buenos Aires in 11 Days,

## TWO CLIENTS SLAY

## Cutting 6 Days From Ship and Rail Time

Mail which left Buenos Aires eleven, York was one for Kent Cooper,

<table>
<tr><th colspan="5">Government in Argument Says yesterday, coming all the way by Press, from Jorge Mitre, director of Brothers Shoot A. L. Applebaum</th></tr>
<tr><td colspan="2">“Doheny Got the Lease, Sec-</td><td colspan="3">air. It was the first air mail to La Nacion, which said:</td></tr>
<tr><td></td><td></td><td colspan="2">be delivered at the New York post-</td><td>"The following lines will be for-</td></tr>
<tr><td colspan="2">retary Got the Money,"</td><td colspan="3">office under the recently signed con- warded to you by the first plane leav-</td></tr>
<tr><td></td><td></td><td colspan="3">tract between the Argentine Repub- ing this city in the newly established</td></tr>
<tr><td></td><td></td><td colspan="3">lic and Pan-American Airways. The air service between your great coun-</td></tr>
<tr><td>JURORS GET GASE</td><td>TODAY</td><td></td><td colspan="2">planes cut approximately six days oft try and the Argentine.</td></tr>
<tr><td></td><td></td><td colspan="2">steamer and rail time from the Ar-</td><td>"It is a happy coincidence that this</td></tr>
<tr><td></td><td></td><td>gentine.</td><td></td><td>should occur on Columbus Day, the</td></tr>
<tr><td colspan="2">Justice Hitz Will Make Charge This</td><td></td><td colspan="2">On Oct. 12 168 pounds of mail left great holiday of the Americas, and it Tell Police They Were Enraged by</td></tr>
<tr><td colspan="2">Morning in Naval Oil Lands</td><td colspan="3">the Buenos Aires postoffice, It was is my sincerest wish that it will serve</td></tr>
<tr><td>Bribe Trial,</td><td></td><td colspan="3">flown America and over the Andes to San- course both from a cultural and a</td></tr>
<tr><td></td><td></td><td colspan="3">tiago, Chile, and thence up the west business point of view the people of</td></tr>
<tr><td></td><td></td><td colspan="3">coast of South America to Cristobal. the New World, which, despite racia!</td></tr>
<tr><td colspan="2">Special to The New York Times.</td><td></td><td></td><td></td></tr>
<tr><td colspan="2">WASHINGTON, Oct. 23.—The fate</td><td></td><td></td><td></td></tr>
<tr><td colspan="2">Interior, now on trial in the criminal  Interior, now on trial in the criminal</td><td></td><td></td><td></td></tr>
<tr><td colspan="3">District of Columbia on the charge</td><td></td><td></td></tr>
</table>

The arguments ended at 4 o'clock

more than half an hour.

This, the final day of Fall’s trial,

to capacity, while outside a hundred

the cluded its six hours of talking at

This Roberts of Philadelphia began the

<table>
<tr><th></th><th></th><th>WYNNE SEES CANCER</th></tr>
<tr><td></td><td></td><td>of the United States. </td></tr>
<tr><td></td><td></td><td>AS FEDERAL PROBLEM  AS </td></tr>
<tr><td></td><td></td><td>Doheny's to Fall’s pocket. vice of Government Is Best Refers to Sinclair Payment,</td></tr>
<tr><td></td><td></td><td>Fitted to Stady Disease.</td></tr>
<tr><td></td><td></td><td>Although cancer is not a contaglous to obscure a very simple iasue."</td></tr>
<tr><td></td><td></td><td>disease, the riddie of its cause ani Mr. Roberts argued that the </td></tr>
<tr><td></td><td></td><td>part of the general publie health  ment was prior to any negotiations</td></tr>
<tr><td>e</td><td>n</td><td>some governmental agency. Health stand the test of investigation. Ad. runners it has asked so so, and for mind un in to </td></tr>
<tr><td></td><td></td><td>have been the case, declared Mr.</td></tr>
</table>

## PATENT ATTORNEY

<table>
<tr><th></th><th></th><th colspan="2">general manager of The Associated</th><th></th></tr>
<tr><td></td><td></td><td></td><td></td><td>in His Office and Are Seized</td></tr>
<tr><td></td><td></td><td></td><td></td><td>After Hard Struggle.</td></tr>
<tr><td></td><td></td><td></td><td></td><td>ADMIT PLOTTING THE CRIME</td></tr>
<tr><td></td><td></td><td></td><td></td><td>Victim’'s Delay in Getting Action</td></tr>
<tr><td></td><td></td><td></td><td></td><td>Two shoemakers who deserted their lasta to attempt the</td></tr>
<tr><td></td><td></td><td></td><td></td><td>tion of a marine bicycle admitted</td></tr>
<tr><td></td><td></td><td></td><td>a a</td><td>to Assistant District Attorney John to Assistant District Attorney John</td></tr>
<tr><td>por a </td><td>m</td><td>ihin</td><td>param</td><td>in </td></tr>
</table>

them again that their application for

a patent had been rejected. Apple-

baum was shot twice in the head,

once in the hand, and severely beat-

office at di park Row. it he told

## D. A. R. DEDICATES ON SUBWAY WORK ‘CONSTITUTION HALL'

al. Na a

val a

en atter he had tanen to the noor, III

mortally wounded by the bullets.

The slayers are Pietro and Leo-

<table>
<tr><th>va </th><th>a</th><th>a</th></tr>
<tr><td></td><td></td><td>in </td></tr>
</table>

Await His Efforts to Bring

About Settlement.

Buildings in Washington Will

Mr. Fall's physical condition, Mr. Roberts told the jury, was some.

exercise of clemency, where merited, part to mediate between the subway "Appeals to your sympathies and nouncement followed a two-hour con- the third of its headquarters build.

years old respectively, of 144 Roeb-

nardo Danna, brothers, 42 and 38

House the Society's Library.

nd a vete an

ME CONFERS WITH LEAVERO

pointing in an

fallen man and also that the murder

<table>
<tr><td>BRO</td><td>UP</td><td>FREEMAN</td></tr>
</table>

WARNS 'without bail on a charze of homi-

ment reched between themselves on

cide.

a Parley Between Them

and V/orkers.

Flag and Covertly Evades

the National Lawa.

Attorney Alds Capture.

John H. Delaney, chairman of the

The prompt caplure of the Danna New

John H. Delaney, chairman of the

brothers was made possible by the,

courage and quick action of George

courage and quick action of George

Special to The New York Times.

Special to the New York Times.

MeCauslan, an attorney, who with

WASHINGTON, Oct. 23.—With im

Applebaum and Lawrence C. French

occupied a suite of offices on the

contractors and the union. His an- consecrating "Constitution Hall,"

American Revolution today join in

ninth floor at the Park Row address.

Applebaum with the Dannas bending

Street.

over him and bcating him, attacked awarded for the construction of two the pannas first with an electrie pilding and piane were anorovad fan and later with an armchair.

Mr. Delaney will confer this after-

The building was dedicated to the

The two brothers were arrested on

memory of the founders of the Re.

<table>
<tr><th>The second</th></tr>
<tr><td>capital.</td></tr>
</table>

He urged them, however, to re-

<table>
<tr><th colspan="2">the workman and of the contractore member that the public arreiras ne spelle</th></tr>
<tr><td>IT  to seek an agreement. has</td><td></td></tr>
</table>

and duty to render in the home.

## As Will Rogers Looks Upon The New York City Campaign L. W. SEAMAN LEFT CHARITIES SODO DO

To the Editor of The New York Timce:,

They are soon to have a city

election here in New York City, and there is no more use getting excited over the outcome of: it than you should over the outcome of a Presidential election, only the case is exactly reversed. A Democrat ean't win nationally because he runs out of Democrats too soon, and a Republican can't even get a base on balls in

Broker’s Will Divides More Than $1,000,000 Among Thirteen Relatives and Friends.

inventhis city because Republicans are too scarce. Then you can always leave it to a minority party, in any campaign, to split and run everybody they can think of. So Jimmy Walker will win by perhaps the biggest majority of any candidate in years, and will then kick himself for getting up morning to make speeches.

RESIDUE PLACED IN TRUST From It Executors Will Make Further Gifts to Charity Put at More Than $2,000,000. ONE

at 9:30 and 10 o'clock in the

this election he will be wasting

If he even changes spats for

time, Yours,

BEQUEST EXPLAINED

WILL ROGERS.

Stay in Roosevelt Hospital After

Injury Brought Knowiedge of

Its Needs to Financier.

## ABN DUPL

## TO BE BULT BY CITY

broker, who died Sunday at Roose.

Lloyd W. Seaman, retired stock

velt Hospital, left more than $5,000,-

d pain Board of Education Lets Con- was disclosed yesterday when his will

tracts for Bronx and Brooklyn

000 to New York City charities, It

Institutions.

was filed for probate. Slightly more

than $1,000,000 is to be divided among

WILL

## COST

Buildings will seat

rupilo Kathrians Are

1,800

Pupils Each— Plans Ara

Approved for Others.

The Board of Education voted yes-

in retirement at his home in the

five new buildings. Contracts were

for the erection of three more.

Executors Have Free Hand,

The trust established by Mr. Sea-

The new public School 105 wil be total specific bequests of $4,280,000

man's will recelves the residue after

## C. Casa

<table>
<tr><th>Edward</th><th>J</th><th></th><th></th><th></th><th></th><th></th></tr>
<tr><td>Americans, according  to Bishop</td><td></td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td>de</td><td></td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td colspan="2">Accident Brought Contact.</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td colspan="2">Mr Seaman contributed regularly</td></tr>
<tr><td>m  ered language that no problem that</td><td>ed a</td><td>s</td><td>a </td><td>nouncing the establishment of 32 ad</td><td colspan="2">during bis lifetime to all the insti- during his lifetime to all the insti</td></tr>
<tr><td></td><td colspan="3">"Mr. Applebaum occupied one of the</td><td></td><td></td><td></td></tr>
<tr><td></td><td colspan="3">the autte, the doors of all of which</td><td></td><td></td><td></td></tr>
<tr><td>tains  that all under-the-surface uous respect and reverence for the</td><td></td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td>when  a</td><td></td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td>ical well-being.</td><td></td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td>yield obedience to what is the fun-</td><td></td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td>sonel counsel.</td><td></td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td>Judge Limits Defense Plea.</td><td></td><td></td><td></td><td></td><td></td><td></td></tr>
</table>

<table>
<tr><th></th><th></th><th></th><th></th><th></th><th>The One Chance in a Million</th></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>Occurs in London—Cards</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>Melle  room. In his own language, he saw study le special problem of retarea judgment shall seem proper, and room. In his own language, he "gaw slug lae special problem of retaria i</td></tr>
<tr><td></td><td></td><td></td><td></td><td>Mr. Lambert made the final argu- initiative and made cancer a parl of</td><td>Living With Second Wife. Were Well Shaffled. A divorce decree is to be granted</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>ular meeting by Superintendent Wil- bis time emphasizing that underthe the former Frances Coodrich, ac-</td></tr>
<tr><td></td><td colspan="3">Defense Speech Withheld,</td><td></td><td>Special Cable to Tan New York Times</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>tress, from  Hendrik W. Van Loon,</td></tr>
<tr><td colspan="5">Mr. Cuff refused to make any open- city, and urged early medical exami-</td><td>historian and essayist, it was indi-</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>cated yesterday at a referce’s hear-</td></tr>
<tr><td></td><td></td><td></td><td></td><td>GOV. ROOSEVELT CALLS</td><td>ing in which it was testified that</td></tr>
<tr><td>MAWA</td><td>R</td><td>A</td><td>TOCATO</td><td>FOREIGN LAW EXPERTS ARE CAPITAL GUESTS</td><td>Mr. Van Loon, who has been mar- to himself thirteen diamonds, to Sir SECOND PRISON PARLEY ried three times, is at present Wiving</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>former Helen Criswell.</td></tr>
<tr><td></td><td></td><td></td><td></td><td>He Summons Experts to Meet in</td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td>Albany, Nov. 11 on Program</td><td>Elizabeth Bowditch of Boston, whom</td></tr>
<tr><td></td><td></td><td></td><td></td><td>for Institations.</td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td>Institute Delegates.</td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td>Speclal to The New York Times,</td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td>Special to The New York Times. ALBANY, Oct.</td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td>WASHINGTON, Oct. 23.—The for- Roosevelt has called a second confer.</td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>Brothers Attack Policeman.</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>Ryan demanded Pietro’s pistol, mittees to study the live problects.</td></tr>
<tr><td colspan="5">had assigned Samuel Rauch, the ex- leave for New York Saturday morn </td><td>Both Pietro and his brother Leo- Both Pietro and his brother Leo the calendar at the last moment.  w nardo leaped upon the patrolman. However, the superintendent said he Staina and young O'Brien joined the</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>say and accusan, returning ala  The problems to be reassigned are and withough he was a semi invalid the officer and the two civilians.</td></tr>
<tr><td>Cuff asked.</td><td></td><td></td><td></td><td></td><td></td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>EADERS are requested to notify The</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>seriously. They received numerous mer evenine secondary school, adult New York Times whenever they are</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>unable to obtain a copy of this newspaper</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>at any news stand at a reasonable hour.</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>The Times almost invariably is sold three men for their ald in subduing</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>out early in the day on city stands, or</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>soon after its arrival in other cities.</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>Newsdealers cannot return unsold copies,</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>and order only to supply the usual</td></tr>
<tr><td></td><td colspan="3">Traces Bank Reports.</td><td></td><td>demand. The Times wishes, of course, to see that a sufficient number of copies</td></tr>
<tr><td></td><td></td><td></td><td></td><td></td><td>are available to serve all regular readers.</td></tr>
</table>

Aplobaum said her hushand murder of Houston Croyle. Green- of the Old South Church in Boston

<table>
<tr><th colspan="2">self Overloaded by Five</th><th></th></tr>
<tr><td colspan="2">‘Referred’ Questions.</td><td></td></tr>
<tr><td colspan="2">dishposing of requests for the ex-;</td><td></td></tr>
<tr><td></td><td></td><td>ANNIE SCHLET AVOROIT, a couse, of</td></tr>
<tr><td></td><td></td><td>WOODRUFF SMITH, a boyhood friend, af</td></tr>
<tr><td></td><td></td><td>ide oot a poet</td></tr>
<tr><td></td><td></td><td>Bishop Fallon Is Much Improved.</td></tr>
<tr><td colspan="2">SAVES BOY FROM CHAIR.</td><td></td></tr>
<tr><td colspan="2">a vey Feathers’s Death Sentence.</td><td>lapse of his illness which it was</td></tr>
<tr><td colspan="2">comimuted the death sentence of</td><td></td></tr>
<tr><td></td><td></td><td>Rev. G. A. Gordon Critically II1,</td></tr>
<tr><td></td><td></td><td>BROOKLINE, Mass., Oct. 23 (P.—</td></tr>
<tr><td></td><td></td><td>The Rev. George A. Gordon, pastor</td></tr>
<tr><td colspan="2">given life imprisonment.</td><td></td></tr>
</table>

Scoring unit: news-nyt-warder. Joined pages use the same full output.

<loc_17><loc_17><loc_72><loc_37>STATE SAYS WARDER COLLEGE OF BUSINESS<|end_of_text|>

Scoring unit: news-nyt-warder. Joined pages use the same full output.

STATE SAYS WARDER<|LOC_0|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_0|><|LOC_43|>
STATE SAYS WARDER GOT BRIE IN PERSON<|LOC_0|><|LOC_40|><|LOC_156|><|LOC_40|><|LOC_156|><|LOC_59|><|LOC_0|><|LOC_59|>
GOT BRIE IN PERSON<|LOC_1|><|LOC_56|><|LOC_156|><|LOC_56|><|LOC_156|><|LOC_74|><|LOC_1|><|LOC_74|>
Prosecutor: Tells Jury Bank Head Received $10,000.00 From Factors: Agent in Home.<|LOC_1|><|LOC_92|><|LOC_152|><|LOC_92|><|LOC_152|><|LOC_105|><|LOC_1|><|LOC_105|>
TRACES COURSE OF CASH<|LOC_1|><|LOC_128|><|LOC_152|><|LOC_128|><|LOC_152|><|LOC_140|><|LOC_1|><|LOC_140|>
Ain't Prevention to Prove That<|LOC_0|><|LOC_151|><|LOC_152|><|LOC_151|><|LOC_152|><|LOC_162|><|LOC_0|><|LOC_162|>
Elderly Who Immόsubly for Books of City Trust Co.<|LOC_0|><|LOC_168|><|LOC_149|><|LOC_168|><|LOC_149|><|LOC_179|><|LOC_0|><|LOC_179|>
DEFENSE SPEECH WITHILD<|LOC_0|><|LOC_191|><|LOC_152|><|LOC_191|><|LOC_152|><|LOC_202|><|LOC_0|><|LOC_202|>
Former Aids of Assumed Men on Head Examination.<|LOC_0|><|LOC_213|><|LOC_149|><|LOC_213|><|LOC_149|><|LOC_223|><|LOC_0|><|LOC_223|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
Rigidity Way Immobility for Books of City Trust Co.<|LOC_2|><|LOC_160|><|LOC_149|><|LOC_160|><|LOC_149|><|LOC_171|><|LOC_2|><|LOC_171|>
State says warder got BRIE in PERSON<|LOC_2|><|LOC_40|><|LOC_152|><|LOC_40|><|LOC_152|><|LOC_53|><|LOC_2|><|LOC_53|>
Rigidity Way Immobility for Books of City Trust Co.<|LOC_2|><|LOC_148|><|LOC_149|><|LOC_148|><|LOC_149|><|LOC_159|><|LOC_2|><|LOC_159|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
Rigidity Way Immobility for Books of City Trust Co.<|LOC_2|><|LOC_118|><|LOC_149|><|LOC_118|><|LOC_149|><|LOC_129|><|LOC_2|><|LOC_129|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
Rigidity Way Immobility for Books of City Trust Co.<|LOC_2|><|LOC_105|><|LOC_149|><|LOC_105|><|LOC_149|><|LOC_116|><|LOC_2|><|LOC_116|>
Rigidity Way Immobility for Books of City Trust Co.<|LOC_2|><|LOC_162|><|LOC_149|><|LOC_162|><|LOC_149|><|LOC_173|><|LOC_2|><|LOC_173|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
Rigidity Way Immobility for Books of City Trust Co.<|LOC_2|><|LOC_115|><|LOC_149|><|LOC_115|><|LOC_149|><|LOC_126|><|LOC_2|><|LOC_126|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
Rigidity Way Immobility for Books of City Trust Co.<|LOC_2|><|LOC_151|><|LOC_149|><|LOC_151|><|LOC_149|><|LOC_162|><|LOC_2|><|LOC_162|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|><|LOC_23|><|LOC_157|><|LOC_43|><|LOC_2|><|LOC_43|>
State says warder<|LOC_2|><|LOC_23|><|LOC_157|>

Scoring unit: news-nyt-warder. Joined pages use the same full output.

THE NEW YORK TIMES, THURSDAY, OCTOBER 24. 1929,

eeee

31

STATE SAYS WARDER
GOT BRIBE IN PERSON

Prosecutor Tells Jury Bank
Head Received $10,000 From
Ferrzri Agent in Home.

TRACES COURSE OF CASH

Also. Promises to Prove That
Gratuity Won Immunity for
Books of City Trust Co.

DEFENSE SPEECH WITHHELD

Former Aide of Accused Man on
Stand Tells of Failure to
Make Examination

Evidence that Frank H. Warder,
former State Superintendent of
Banks, took money directly from an
agent of the Inte Francesco M. Fer:
rari, president of the defunct City
Trust Company, was promised yes-
terday by Hiram C. Todd, Special
Assistent District Attorney, in his
opening address to the jury before
which he is prosecuting W
Accepting briber.

In his tniet address Mr, Todd also
promised to show that the money
‘was paid by Ferrari to prevent the
examination of his banking affairs
required by law,

‘During the day only one witness
wna examined, George W. Exbect,
chief danke examiner, who told of be:
ing Instructed by Warder to with
hold examinations of the City Trust
‘Company affairs, Defense counsel on
¢rousexamination sought to lay the
Fesponsibllity for any negligence
upon Warder's subordinates

Mr, Warder sat, suave and well
groomed, at the counsel table with
his attorney, Jaiwes I. Cuff, during
the opening address

Mr. Todd went on to say that the
Indictment charges Warder with ac-
eepting $10,000 "in consi
which aa Superintendent of Banks
charged with the duty by Jaw to
make examinations of a bank, to|
‘omit uch examination in the Fail of
1028,

Describes Transfer of Money.

“The manner in which this bribe
was taken,” Mr, Todd continued
“was not the eharacter of

Sixth of Sing Sing Convicts
Buy Newspaper Each Day

Svecial to The New York Times.

OSSINING, N. ¥., Oct. 23.—One
prisoner in every six quartered in
Sing Sing Prison receives a daily
newspaper regularly, it was dis-
closed today by prison authorities.
They sald, that 300 newspapers
enter the prison every day of
| which sixty are tabloids and the
| Fest standard size
| There are 1,958 prisoners in
| Sing Sing, but about 150 of these

either are illiterate or cannot rend
English.

Each subscriber passes his news:
paper around. so nearly all of the
1,800 prisoners who can read Eng-
lish see a newspaper frequently,
although many of them Jack funds
to subscribe for one.

Jnattutions on the ale of the rv.
re would be pre nym deputy,
| Rupertotendeat and not seen by" tne
fupetintendent {nth handed to Bin
fog hia si
fndimitted that it wi

not tinudual for'a report of an exams
ation not to mention violations of
the banking hs
| Ntmhey donot tisually require dras-

lon? ‘You write w disciplinary

5 titat done with thiv report?
The banking superintendent must

rely ‘on the Feporis of his exam-

Curt then got the wi
Was customary when
spect. to with

der for ™

|ATTACKS FALL PLEA
| FOR JURY SYMPATHY,

Government in Argument Says
| “Doheny Got the Lease, Sec-
retary Got the Money,

JURORS GET CASE TODAY

Justice Hitz Will Make Charge This
| Morning in Naval Oi Langs

1 Bribe Trial,

}

Special to The New York Times.
WASHINGTON, Oct, 23.—The fate
of Albert B. Fall, exSecretary of the:
Interior, now on trial in the criminal
branch of the Supreme Court of the
District of Columbia on the charge
of having leased the Elk Hills Naval
| Oui Reserve to Edward L. Doheny in
consideration of a bribe of $100,000,
will be in the hands of the jury be-
|tore noon tomorrow.

‘The arguments ended at 4 o'clock
‘this afternoon, and Associate Justice
Hitz will begin hia charge to the jury:
at 10 o'clock tomorrow morning.
The charge is not expected to last
more than half an hour.
| This, the final day of Fall's trial,
‘gain found the court room packed
to capacity, while outside a hundred
or more women sought in vain to
gain entrance, The defense con-

/eluded its six hours of talking at

| HE CONFERS WITH LEADERS

noon and two hours later Owen
Roberts of Philadelphia began the

closing argu’aent for conviction.

:
change. to. the company

Mr. Roberts resorted to no theatri-

tgok “piace at about the time. the |

‘Baraination ‘should have been made.
In the afternoon Mr. Cuff attacked
witmess with 3 of

hait’to sum up, talked to the jury
in an ordinary conversational tone.

Doheny Wanted Lease, Fall Money.

Mr. Fall's phyaical condition, Mr.

iE
f Roberis told the jury, was some-

thing that did not concern them in

im: arriving at a decision as to his guilt

for innocence. ‘The court or the Pres:

y Ident is the agency charged with the

i
plaiting: his teationony in the More
Tana’ nénrinigs by Saying:

| "ST was being pinned down as to
whether T had tne eaneraation with

Warder or the ‘had’ it

ration of |

are oa

Mouoy,an exam

WYNNE SEES CANCER
AS FEDERAL PROBLEM

Tells Radio Audience Health Ser-|
vice of Government Is Best
Fitted to Study Disease.

be hen
inal" W"Pawing, third ee
nt," and’ Roger

Riverside |

nd then
rive rridence of the defendant and
handed” to thin ‘defendant,
ink TL Watder, and the defendant

on it
Todd then sketched

efit of tho iiry the interrelations
‘the, Harlem

get of the werner
ia ‘can be described," Mr.

purchased with ‘money, as We shall

NAN Cutt tumped to his te
unctare with « remand feet iy
‘withdrawn mitra
clared, which ‘Tompkins
Syertied
Fo provide a motive for a bribe Mr
‘vod? said that he. would show: thal |

untloe

fon'and'finauy to more than $190

Toda anid that In addition to
thin apreltie evidence the State would
Dring, witnesses to. show. dealings
throtigh the rourse of years berween
Ferrari_and Warder, mut there are

we'and counted It. in. his

Although cancer Ix not a contagious
disease, the riddle of its cause ant
means to its effective cure make It
part of the general public health
problem which must be dealt with by
some governmental ngeney, Healtn
Commissioner Shirley W. Wynne toid
radio listeners in his twenty:

health talk over Station WEAF yew

look to the Publie Health ser.
wie ef the United. Sta
ment.” Dr, Wynne sai estab:
2 well-organized department of can
cer research, following the commend
able precedent ast by certain Bure
pean governments. Our Pederal Go,
Senment should apportion adequace
funds for much a. The’
| more Benefit to be derived by. su
| Concentration on the problem from *
[government viewpoint than from ®
focal handling of it, Zor the govern
ment's hygienle bureat Is In post
tion to engage in such research on &
Inge neal,
“ithe government of Sweden took
the ital step forward in the cane
problem a

urchased.@ large amount. of Ta

th
in'ineeting cancer axa public heails
problem. “England ia waking up to»
4nd ig beginning not only to realire
the necessity of action In this aerione

feo many of thear incidents Liam not

Riving the details at each pawn
Sf money to the defendant, Frank
H. Warder.”
Defense Speech Withheld,
Mr. Cuff refused to make any open:
‘Ing address to the jury. He wanted

: FOREIGN LAW EXPERTS

omit rant to open
inquired Justice Tompkins. wie, had
alt the frst

explained the rung.
wit

Mr- Egbert, taking the stand, eyed

his former chief. taentitied the rec:

‘ofthe Fecrari

‘and No-

nthe

and com:

Mission in great detail of being nr

dered to withhold. the examination |
are Warder

ite. |

ore cute
ross-exainination.. The line of |
defense became immediately appar-|
gut, Mr. Cutt obtained from the wit.
it was he who

Same Rauch, the

ge of the Cy

Rout * inetructions

"Wnen you welscted him you had
smplieit confidence “in” hin

Egbert re
2, sought to show that
ee eae er
‘Sxaminations 12 both November, 1027,
septal and gurpius Unimpetred”
obi ‘
rentjof the capital? at Cull
‘Hla aid nt” the witness
Met Cult showed
the report that

“wit
pio intact the bemk would nave had.
‘round figures, $856,000 to pay

‘Traces Bank Reports.

‘Mr. Cuff then traced the routine

ot bank reports to show that, unless
an unusual situation developed,

report Rot Ro to the pete
nme diately, ‘but woul

the deputies, and that

handiea
Bae dices etter written to the.

ARE CAPITAL GUESTS

President and Mrs. Hoover to Be
| Among Hosts to Briarcliff Manor

| Institute Delegates.

Special to The New York Times

| WASHINGTON, Oct. 23 The for-

|cisn delegates at the recent meet

St"rlarelite Manor” of the Towtitute

oa ahd representing nea

| fem a rope

Tovening to. find awaiting. the

| Crowded program ‘whieh “will, keep

them sontamiy occupied Ent they
me for New York Saturday morn

no, aail,on the America for their

es President and Avs,

ceive. the delegates and andthe ina

| Stee fama accompanying tae
viday afterncon at 5 o°cloek, be:

(fea fandafter whieh time they wil

be
| Slosmatie eorpe and’ by others.
| “Romignt dinners. were siaiven
Belgian Amt

ces

| negis Endowment’ and 3h
to.

i
| deltgateboay ‘Sountry, wit
et ce their gucnts off or, New “fork
Armericn for theif ctive ba

‘Dr, and Mrs. Seott will leave the

Pei ae ete
SA ES

governing’
Sutute “st Taternational Law, ef
Scott is president.

which Sr.

‘exercise of clemency, where merited,
not the jury,"" anid Mr. Roberts

“Appeals to yout sympathies and
prejudices have no place in this
case," eaid Mr. Roberts. It is all

imple. There are four things of &
controlling nature for you to remem.
|ber. “Onells that ‘Doheny wanted the
jlease of une Elk Hills. The) second
|{nv Fall wanted money.” The thica ts
Daneny got the Tease ‘and the fourth
{is Fall got the

ard | "bo lot. forget. that this money

from. Doheny

. | $89,000 Pall obtained

socalled ‘Japanese war’ sear

Refers to Sinclair Payment.

ths

a
‘Neith
he ie Bilis

“Thin tatk o€ politieal persecution Patrick Fleming

Is only dust thrown up in the effort
to obscure a very simple issue.

Mr. Roberts argued that the de
fense's cluim that the Doheny pay’

| Air Mail Here From Buenos Aires in 11 Days,
Cutting 6 Days From Ship and Rail Time

‘Mail which left Buenos Aires eleven York was one for Keat Cooper
Gays before arrived in New York general manager of The Associated
yesterday, coming all the way by|Press, from Jorge Mitre, director of
air, It was the first air mail to|La Nacion, which said

be delivered at the New York post-| ‘The following nes will be for-
office under the recently signed con- | warded to you by the first plane leav-
tract between the Argentine Repub- |ing this city in the newly established

poe eyes oe = odie comany

planes cut approximately six days off
steamer and rail time from the Ar-
‘gentine.

‘try and the Argentine.
“It is a happy coincidence that this
Jshould oceur on Columbus Day, the

‘On Oct, 12 169 pounds of mail left | great holiday of the Americas, and it
the Buenos Aires postoftice.

flown on thet day across South |in bringing together in closer inter-
‘America and over the Andes to San-|course both from a cultural and ®
‘tiago, Chile, and thence up the west | business point of view the people of
‘coast of South America to Cristobal. | the New World, which, despite racis
‘There the mail was turned over to differences, have in common the

Te was |in my sincerest wish that it will 2erve |

Pan-American Airways and on Oct
21,

‘From Miami Pitcairn Aviation ban-
ae this first consignment and |

Fe Airports yesterday morning at'S

3. jane
‘exactly on schedule, it was deliv- | “"The's
wuthorities =

inded the mail at Hadiey and New. | post of

‘high ideals of two democracies
peaceful progress."
‘The alr mall service between Mlami
and Buenos Alten will be operated
the, planes Tea

Aires tind AMitmi on ‘Seturday. Air
mall posted in the New York gener
P 19 6:50 o'clock “Thur

oy, evening. will connect ‘with: the

thbound Pan-American plane at

"Kimong the letters received in New | lami:

STRIKE 1S AVERTED

Delaney Announces Union Will
Await His Efforts to Bring
‘About Settlement.

|
™

| group this ntternser

8 Contractors Today to Arrange
& Parley Between Them
and Workers.

Jobn H. Delaney, eh
Board of Transportation, announced
yesterday that the threatened 1

of subway construction workers hed
deen averted pending efforts on his
part to mediate between the subway
contractors and the union. His an-
nouncement followed a two-hour con
ference with representatives of the
union in hia office at the Board o!
‘Transportation Building, 49 Lafayette

Stree!

‘Mr. Delaney will confer thia after:
noon with a delegation from the
General Contractors’ Association.
which will include all of the con-
tractors now engaged in subway con-

the workmen and of the contractors
to'neek an axreemen
‘Arthur. Johnson, sident of, the
contractors” organization, pr
Wir. Delaney that he wonia be
y the. delegt
f the
‘Moran Hust
represe!
tion at the conference yesterday
Tt ts understood that the union has
demanded

ment was prior to any negotiations |

between Fall and Doheny would not
stand the test of investization, Ad-
mittedly accurate official documeuts
In evidence prove the opposite to
have been the ease, declared Mr.
Roberts,

‘The money transactions
and. ‘Sinclair, ia which
checks nor other ‘evidences of pay
iment. or securit ad

of Fall

neither mien

Grin runners" help
mere are about 8.000 oF 6 000 ser

and duty

'D. A. R. DEDICATES
ON SUBWAY WORK

‘CONSTITUTION HALL’

Third of the Headquarters
Buildings in Washington Will
House the Society's Library,

BISHOP FREEMAN WARNS

He Condemns Loyalty That
Flag and Covertly Evades
the National Laws,

Special to The New York Times,
WASHINGTON, Oct. 23.—With im
pressive and colorful ceremonies, of
ficers and members of the National
Bociety of the Daughters
American Revolution today
consecrating

of the
Join in
“Constitution Hall

the third of its headquarters. build
ings in Washington, which houses

rium with a seating eapacity of 5,000.
‘The building was dedicated to the
Re

by Bishop Freeman, in an ad-
addrecs in which he congratulated
members of the society on the

TWO CLIENTS SLAY

| PATENT ATTORNEY

Brothers Shoot A. L. Applebaum
in His Office and Are Seized
After Hard Struggle.

|ADMIT PLOTTING THE CRIME

Tell Police They Were Enraged by
Victim's Delay in Getting Action
‘on Marine Bicycle Invention,

Two ted
their Insts inven-
tion of m marine bicycle admitted
to Assistant District Attorney John
J. Greene last night that they had
carried out earlier in the day the
prearranged plan to kill Aaron L.
Applebaum, patent attorney, in his
office at 41 Park Row, if he told
| them again that their application for
patent had been rejected. Apple |
baum was shot twice in the
pooled edi eioalindreory
gm after he had fallen to the Moor
mortally wounded by the bi
Tee cayerr are Witse aoe Tae
narda Danna, brothers, 42 and 38
years old respectively, of 144 Roeb-
Ving Street, Brooklyn. Pietro admit,
led having fired the spots, and both
nthe |
fallen moan and also that the mu
ccordance with an grec:
ched between themselves On
‘evening, were hela
without bail ea cl ‘of hom
eid

shoemakers who des
to attempt the

Attorney Alds Captnre,
‘The prompt capture of the Danna
brothers was made possible by the
courage and quick action of George
MeCauslan, an altorney, who with
Applebaum and Lawrence C. French
occupied a suite of offices on the
ninth floor at the Park Row address
Mr. MeCauslan, hearing the shots,
and seeing the prone body of Mr.
Applebauim with the Dannas bending
over him and beating him, attacked
he Dannas first with an electric
fan and later with an armchalr.
‘The two brothers were arrested on
ne ninth floor of the building short
afterward by Patrolman John
yan after a hard fight in which he
waa assisted by Joseph Staina, ele-
ator starter, and Russell C. O'Brien,
14 yeara old, an employe of the Board
¢ Ketimate and Apportionment

achievement in adding s0 beautiful a

structure to the upbullding of the
capital

He urged them, however,
member (at the public en of
women, individually or through er
ganizations, however valuable, were
‘excerded in importance by the ser
vice it was thelr peculiar privilege

Americans, according to Rishop
man, are too prone to depend
legisiation and law-enforeing
that respect for and

and well-consia
no problem that

most of them unskilled workers. em- halt

layed im subway work In the cine

fications over which the union claims gi

jurisdiction. union” laine &
‘about. 2.000
workers, ‘but mai
* randey-th
workers come within its jurisdic:
Bsn:

“as Compressed Alt. Ti

‘the ‘closing eng by
Wiiton’ J. Lambert. of Wa: hington
gat Maik Thompson of, Pho
Ariz. the etter a per:

re fifteen years ago when |

for “two old. men’
three years ago on
the southwest
“ones Mtald Mr. ‘Thompson, “was
5 Bickthired Song: tetlow rom
i "young fellow from
oiatice

who met forts-
‘the deserts of

VR interrupted and told
Inwyer to stick to the evidence.
‘The color of Mr, Doheny's air
ie not in evidence,” ruled Justice
Ruz
Lambert made the final argu-
ment for the defense and used Up
His time emphasizing that under the

Stress,

Yond’ reasonable doub'

GOV. ROOSEVELT CALLS

6 eal. well-being.

‘Compressed

Workers Tocal, it was revealed ex

ganization, which is known

ere the
igh. ends ‘of our moral and phys

J expreased lov:

tal law. of ‘the
though that law may

across private lnteresia and concerns
fs a loyalty that makes no contri:
tion te the’ ultimate weal and wealth
of the Sta

ty that will not

BRIDGE PLAYERS HOLD

in different fielde such aa drill TOR
Ring nd timber work

FAVORS VAN LOON DIVORCE.

Hears Historian Is Now
ing With Second Wie.

A divorce decree is to be granted
the former Frances Goodrich, ae
from Hendrik
historian and essayist
cated yest
i

Referee
ui

SECOND PRISON PARLEY

He Sammons Experts to Meet in
Albany, Nov. 11 on Program
for Institations,

Speci to The New York Times

ALBANY, — Oct. Governor
Roosevelt has called a second confer-

ing ence to study a program for correc-

tional institutions of the Etate. The
first one waa held at the Governor's
home in New York City on Sept. 12.
‘The second will take place Nov. 11
in the executive chamber.

The Governor stated tonight that
the had invited the following to at-

end

eee, eee
Biwia 0, Hotter, president Prison Amicein-
ation of New Yor: eee

i | big dame Swe memo
| isla of Soret

eS

s firat wife was
Elzabeth Bowditch of Boston, whom
be married in 1908. Hs marriage to

wing testimony’ vesterday that
Van Loon had left bis third wife
and was tiving with his second,
Referee, Burr directed Miss" Good
en's” attorney) to ‘subenit
for a ‘Of ‘divorce within ten
Gays, When these findines have been
Signed and filed by the referee it
ls expected that the decree will
granted in the Supreme Court.

FOUR 13-CARD SUITS ‘x
i

The One Chence in a Million
Occurs in London—Cards
Were Well Shaffled.

LONDON, Oct. 23

chance of a freak hand in auction
Ddridge occurred at the Carlton Hotel
tonight when George du Cros de

to Bimset thirteen diamonds, to Sir
M

Charles Sykes on his left thir
te Sir Charles Mandelberg.
thirteen clubs, and to

‘Sir Charien deciares that he shuffled
the pack six or seven Umes before
da Cros took them
fr du Cro also shuffled before
Rossiter,” he sald. "I, 0

ey
jeen spade
In spades and” unbeatable.”

demand.

Reapers are cequested to notify The
New York Times whenever they are
unable to obtain a copy of this newspaper
at any news stand at a reasonable hour.

‘The Times almost invariably
out early in the day on city stands, or
soon after its arrival in other cities.
Newsdealers cannot return unsold copies,
and order only to supply the usual
The Times wishes, of course,
to see that a sufficient number of copies
are available to serve all regular readers.

sold

thooting ‘and. le@ the investigation

missioner Whalen, Assistant Diatrict
ney Greene and others wast

appened was thi
‘having tried! in vain

ferday morning.
Me. Applebaum occupied one of the
small, partivioned-off offices 19
joors of all nt which
open jeneral, reception ron
The Dannas were in this reception
room when the attorney went out 10
niet them. A brief argument ensued
It'wan pointed ‘out thal” hed the
Dannas Uinderatood En
ce nad Mr. Applebaum been able 15
Sxplain the true gituation to the
tie murder might not have

°Sfithough Me Applebaum had told
others Int the office that he had been
having trouble with the Dannas over

2 | study the epecial problem of returda-|

{ular meeting by Superintendent Wil-
The millionth |

ich sible to atudy thoroughly £1

mat the brothers,
a picked Up an arm=
enair and attacked them with that

Atter = few blows the armchait broke |“

tnd McCauslan ‘rushed out

{When Joseph Staina of Bellmore,

L. I, the eleva

Rppiebacim's oftie
Brothers Attack Policeman,
Ryan demanded Pietro's pistol
Roth Pietro and bjs brother Leo-
nardo leaped upon the patrolman
Staina and young O'Brien joined the
fray and McCausian, returning, alde
the officer and the two eivilians.
The Dannas bit the hands of
O’Brien and Staina painfully, but no!
7 They received, Bumerout
Slows tm returm, dental di
charge ot Ryan's evolve Severed
Saveltome fe

Whalen thanked the
tures men for thelr aid in eubdulng
rad eaid later, after the
Brothers. pad. been, Guestloned
Tength and others had been. iat
Kopieber hed 4 been mi
diodediy and ass result of premedt-

sm was 30 years old
rot four chit:

‘hor Js only
west Bisbey-|

As Will Rogers Looks Upon
The New York City Campaign

To he Feitorof TAs New York Times:

They are soon to have a city
election here in New York City,
and there is no more use getting
excited over the outcome of: it
‘than you should over the outcome
of a Presidential election, only
the caze a exactly reversed.

‘A Democrat ean't win nationally
decause he runs out of Demo-
erata too soon, and a Republican
can't even get a base on balls in
this city because Republicans are
too scarce, Then you can always
leave it fo a minority rarty, in
any campaign, to split and run
everybody they can think of.

So Jimmy Walker will win. by

L. W. SEAMAN LEFT
_ CHARITIES $5,000,000

Broker's Will Divides More Than
$1,000,000 Among Thirteen
Relatives and Friends.

| RESIDUE PLACED IN TRUST

From it Executors Will Make
Further Gifts to Charity Put

aif | ishposing of requests for the ex-

to | sons on eligibility sts.

perhaps the biggest majority of
any candidate in years, and will
then kick bimself for getting up
at 9:30 and 10 o'clock in the
morning to make speeches. |
It he even changes spate for ||
this election he will be wasting

time. Yours,
WILL ROGERS.

i
| at More Than $2,000,000.

ONE BEQUEST EXPLAINED

| Stay in Roosevelt Hospital After
Injury Brought Knowledge of
Its Needs to Financier,

Lloyd W. Seaman, retired stock
broker. who died Sunday at Roose

FIVE NEW SCHOOLS
10 BE BUILT BY GUTY sts est

Board of Education Lets Con-| wes dicted yeeterday whan Maw
$ was filed for probate. Slightly more
tracts for Bronx and Brooklyn than $1,000,000 in to be divided among
inatittions: thirteen relatives and friend
‘ecifie ‘Charwahie‘beaeats ota
Jet In rin fo Shares nthe
WILL COST $1,060,000 ‘9 >e’stlectad fy" the executors, and
| ud ‘uit fun, Te was entnnated See

Wit Seat
Pupils Each—Plans Ar
‘Approved for Others.

New Bulldings 1,600
i

‘The Board of Education voted yes: |“bamze Rouse of Chapman & Sea
icine Board of Education voted Yee ‘mans’ Hie closest aurtivipg relative
5 2 sem: ra sister: Men, Ruth Seaman Wood
meeling t» give the school system) worth of Rediands, Cal
five new buildings. Contracts were| Xseeuters Mave Free Han
awarded for the construction of two. cramer aleal ancy
ar ‘The trust established by Mr. Sea-
Dulldings, and plans were approved =
ae retan et tne mare |ma® wil receven the residue after
‘The new Public School 105 wilt be | {01a! wMecific Bequests of $4,200,000
constructed on Brady Avenue, near| Mave bea paid. Bern Budd,
Holland Avenue, the Bronx, by the that It was impossible to rive
Sound View Bulifing Corporation at| rough “eatimate af ther
& cost to the clty of $594,000, The) “Other than that’ ha ‘haritog welt
The D. M. W. Contracting Ce ed shall be New ity,
pany, will erset Publ
Kivemarle ‘Road, meat Tat Ft
for $526,000. The new | f'"
Es alors eventos |
7 1,646 puplis. SS upeneet oe ‘3
Pinan were approved for an
airuction ef the new: Walton 3igh Pay, are igen fee hand in ad
Kone ine nti ste | OF tbe spel cbariaN Bequt,
meat are of $1 fcuch

‘even &
‘obable

tah Sear stcleat treacten od the
poor’ ind votine Canrity Ore
* gaslatng bao for thet st
Sedaka’ Gua of Sew
Hah! Eeanan' falber ane'3
he's veri
to ha ether, Senet of 0,08
Bee Ps ere ‘

the Bronx. Accktent Brought Contact.
fantsian:| Mr Seaman contributed regularly
houncing the establishment of 32 ad-\during bis lifetime to all the tnsti-
fieetac Tal eres ina talons named tm ia wi, with the
nd ata Bron ie | exemption of Rens oso
Be Semowe 31 ond <i ong HM: | cording to-Mrs Begs. Hie fst con
Queena,” Pubtie Schoo! 80, the Brom: |{8°t there was in January, 1025, wher
ill ertapiish {wy short-time clases | Re
Uue {0 overcromdl
“fan board approved the selectior
ofa ite for x school in the Gx
tectien* in” Brookly
race for Public Schod!

Signhatiane
Broadway murface ear

BUDGET PROBLEMS
BALK SCHOOL GROUP jeg: wan amputated. While there be

learned of the work done, by this
Inalitution. among the city’s untor

a0) ‘
Shin 0 for mechante
the new Public Schoo!

Tecommendation ot the

be
mn leved his experience at that tine
5 zoo rsuaded him to make

fc was eroesing Broadway at Sev-

Reterdetion Commie Committee Finds It-
self Overloaded by Five
‘Referred’ Questions.

“The trast fund ix established by the
twentieth ciate of the will, which
Fada. aa felow

‘All

Executora hereinafter
tion of trust. nevertheless, and

power fo distribute the same for th
< i {sen and purposes following, that
| tension oF establishment of var'ous| to say: the sal
educational services by referring |lect such worthy charities,

fom to a. conaaition copointed te| isted_or ctherwise, In «he
tne committes appointed t | tw ae

The practice of the budget com.
mitten of the Board of Eauce

mt shall per, and
Lion proved boomerang yesterday. | shalt AT via the sala netics among
bord was informe eg.| Such ebaritien and ft such propor:
sae eaetine ay eaecrintentent Wit | toma and amounts aa to my
catgte mal seam proper
liam J. O'Shea that the retazdation | eaueaia fo "Felatives
ody committe te finding 1 inypor:| frends, tte order im. whieh (he
‘of the [appear in the ‘will, are ab follow.
eight questions propounded by the|™Sasne tr i aitno  * unis ot
budget committer ast Summer. | sogteyt Dp. GODEREY,
‘Associate Superintendent Margaret |"‘ess awaste, #1000
feCoory, iy chairman of the group |xrs-nUTIE SEAMAN WOODWORTH,
Appointed ‘last June. to report on |
robles) AXE, SCMLEY _YOIOIE,& coum, of
ELEAXOR BITCH,
PEAR

“ecules and uate

By ‘Commissioner ne 1, a cousin, Bou
‘was finding gifficulty in re. MRREET pt Book “Orang, Neds
aoa

© cousin, Greenseod

in ranting

cet tor gana

an teach," eat “States, Be

ut 8 bophond friend, af
for an inteligent re b
the probl

stleme saben

ron Pet

Re aa
3
| Stat kelng'to mae the new appoint =

Sent so6a &

"The peoblems to be reassigned are

mf thy eed of adie

SAVES BOY FROM CHAIR.

Pennsylvania Beard Commutes Har-
vey Feathers’s Death Sentence.
HARRISBURG, Pa., Oct. 23 UP—

The State Board of Pardons today

comamuted the death sentence of

Harvey Feathers, 17-year-old Bedford
munty slayer. to life im
CRntbers wis sentenced to, die 15
the, lacie” eal Get. 28 for the

of, Houston