The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

THE DAILY EAGLE. NEW YORK. 310NDAY, JUNE 17. 1918. SOME OF THE CROWD AT EAGLE BUILDING TODAY, WHEN GARDINER CLIMBED EXTERIOR FOR W.

S. S. LT.BAER, AMERICAN "ACE," IS PRISONER YANKEES REPULSE ENEMY ATTACKS ON WOEYRE FRONT jiff i-. aW' Germans Thrown Back With Severe Losses, Gen. Per-shing Reports.

FAIL. IN MARNE THRUSTS Washington, June 17 Repulse of local enemy attacks in the Woevre and in the Chateau Thierry region was reported today in General Pershing's communique (or last night The communique follows: "Section A This morning in the Woevre tha enemy executed a local attack against the left of our positions. During the attack there was brisk artillery fighting. The assailants not only failed to penetrate our lines but were thrown back with severe losses, and left on our hands several prisoners, of whom one was' an officer. "In th region of Chateau Thierry iwo local aiiacKS maae By tho enemy during th night on the line Bour-esches-Bois de Belleau were easily broken up.

Artillery on both sides continues very active in this regoin and in Plcardy. "Section There is nothing to report in this section." "LASTING PEACE ONLY THROUGH NATIONS LEAGUE" London. June 17 (via Ottawa) Th only way to secure a lasting and Just peace is through a league of nations, although an Indispensable pre liminary is tne aeteat or German aspirations to dominate Europe, said ueorge jv. Barnes, member wltnout portfolio of the British War Cabinet, speaking at Dartford on his proposed conference of the Allies for the pur pose or inaugurating such a league. He said that a beginning should he made before the war ends, because in the first rush of peace the world would rati to make provision for the prevention of other wars.

The inclusion of Germany should later be insisted upon. O'LEARY'S ARREST TO BE FOLLOWED BY MANY OTHERS Riegelmann Puts $1,000 in W.S.S.; Gardiner'sHat, $100 IOBOI IOBO Raven-Hali lWi CONFY ISLAND Adjoining Stccpleckw Park jp Fifty-fifth Year P. tta year been a great success for the Austrians, -but which resulted in a dismal failure. Italian army was prepared for the Austrian attack and there is confidence that it will be able to break Klhroughout the country there is a feeling or lense solemn faces of the people are ''expressive of the seriousness of the hour, but also of the pride which is M.inJ ril in me army ior us tpimura in ha AimruH hn 1 1 lpf ronL is believed the Austrian general attack is a repctiuon or me enomy -maneuver of last October, when he took the offensive from Caporetto to M'onfalcone, with the intention of his main plan of breaking pAhrouBh the Alps and forcing the Jlalians to retire in the Bainsizza and regions. Now the enemy's feint 'apparently is intended to conceal the 'development of a plan long cherished Marshal Conrad von Heota-U't'nAoit to break through from the iuRluAsiago plateau to the Venetian plain, thus obliging the Italian army along the Piave to retire in order to avoid being caught by an outfianking movement.

Holding, Says Premier, i Rome, Sunday, June 16 The Italian troops and their Allies are holding tie enemy strongly, tenaciously resist-. jug him in the new offensive and mak-i, ing repeated counter attacks, said Orlando in a statement to-. night in the Chamber of Deputies. "During the day the enemy by a strong reaction hindered the counter-. offensive pressure of our troops and those of our Allies on the Asiago Plateau and in the Monte Grappa re-; gion," said the Premier.

"The. Aus-' trians also attacked violently all along the Piave in order to establish solid "bridgeheads on the right bank of the "river. "Our troops, by tenacious resistance ''and repeated counter attacks, are strongly holding the enemy. The struggle is most bitter on the eastern slopes of Montello and to the west of Sandona di Piave." Washington Sees Only Failure. Juno 17 (Italian ifront) The Austrian drive on the Italian front already shows marked signs of failure in the opinion of of- als here.

The advances achieved 1 Wiethe initial assault, necessarily the Xt powerful attack in any offenmve, so limited us to indicato thst the virtually had been halted in their tracks. Details received are meager. has come that will permit officers form conclusions as to the strategic the Austrian leaders are following. There are indications, however, that the blow was struck more in an effort to offset internal disturbances in Austria-Hungary than because a prepared plan, which promised a real military success, had been worked Italians Well Equipped. Reports of American military observers with the Italian armies have been received recently, it was learned today, rating the Italian army as among the best equipped and prepared of the Allied forces.

The remuneration of the Italian forces after "its disastrous withdrawal before the i Austro-Ucrman attack last year has teen remarkable. Failure of the Austrians to get their offensive in motion may furnish an opportunity for an Italian counter movement on that front which will result in a diversion on the western front. Should events show that the Austrians can be held, it seems to observers here that General Foch, supreme commander, may decide to 'strike his first counter blow there. The German high command would be compelled to meet such move, If it gained any headway, by'wthdraWVig picked German division from the western front to support the Austrian They could not permit their ally to be seriously menaced, as a popular uprising In Austro-Hungary might result which would upset all German calculations. The stanch stand of the Italians sind their French and British associates against the Austrians is counted upon to greatly strengthen the morale Italian army and people.

Paris is Confident. Paris, June 17 (Havas Agency) The reports from the Italian fighting are encouraging and the newspapers believe that the enemy will be checked. The Echo de Paris says the Austrians may get a repulse which might be turned into a defeat. The Matin declares the present battle is an unquestionable success for the Italians because the Austrians appear to have failed. Almost all the newspapers insist that serious political consequences in Austria-Hungary will follow a check to the Austrian offensive.

London Press Optimistic. London, June 17 The outcome of the Austrian offensive is viewed hopefully, even confidently, by the news papers here. This view is based on the staunch resistance of the Allied defensive and the failure of the enemy to make anything like a big success in his initial advance. Jt is admitted that some days must pass before the results of fighting on such a great scale can correctly be judged, but the conviction is firmly expressed In several quarters that it will end in failure for the enemy. "Failure," says the Daily News, "on the first day of these attacks as conducted on the modern German plan has hitherto been fatal as in the case of Vimy Ridge, and in the present case fact of failure can hardly be doubted." "The newspaper cites the opinion of correspondent on the Italian front iihat no enemy offensive up to this time has begun so badly, and adds: 'There is strong ground for believing that an enemy failure Is "A Gambler's Throw" Dully Kxprcs.

The opinion is expressed by several papers that there is a direct connection between the Initiation of the offensive and internal conditions in Austria-Hungary. The Dally Express describes it as "a gambler's throw, the most desperate that the war has seen," while the, Times declares it is "a desperate attempt to keep up the waning spirits of such elements of the populations as still remain faithful to the established institutions of the Austro-IIungarlan The Dally Mall and others predict that an Austrian failure to gain a decision will have serious Internal effects. Germany's hand generally Is seen behind the move. The Daily News believes that It is an offensive by Germany on an ally which long ceased to have any part In the struggle and which Is sinking to a condition of internal disintegration and despair." Tho Daily Mall says: "It can hardly escape the Austrian people that they nre being driven to slaughter for tho profit of Germany." "Pimvr Movement, Austria's plan. Washington, June 17 An lispatch from Rome, dated 11:65 o'clock last night, says the battle on tha Italian front will assumo ulirnntlp proportions, tho Austrians attempting If a Wtk yea II eooi IN A GERMAN CAMP Has Been Missing Since May 22-Mother Gets News From Washington.

Fort Wayne, Ind, June IT Lieutenant Paul Frank Baer, the American "ace" who has been reported missing since May 22, is a prisoner in a German camp, according to eon firmatory telegrams received here to day by the aviator's mother, Mrs. Emma Baer Dyer, from the War De partment. An Associated Press dispatch from Paris on May 27 stated that the lieutenant had been missing since May 22. Inquiries at the War Department by the family failed to gain any official information, but a second dispatch by the Associated Press last week stated that the lieutenant was still missing. Lieutenant Baer is 23 years old and went from Fort Wayne to France, where he enlisted in the Lafayette Ea-cadrille, being transferred to the American forces later.

He had a record of bringing down eight enemy planes, two of them in one day. CHAMBERLAIN FAVORS EXTENDING ARMY DRAFT TO FROM 18 TO 45 YEARS Washington, June 17 Support for Provost Marshal General Crowder's proposal to extend the Army draft to men between II and 45 years was given today by Senator Chamberlain or Oregon, chairman of the Senate Military Committee at hearings on the 112,000,000,000 Army appropriation bill. 'I have always advocated having it apply to men of those ages," said Senator Chamberlaiu, "and think we will yet come to it. There are lots of men over 30 who really are doing nothing and ought to be reached." unanimous approval of the House provision authorizing the President to call all men of draft age who can be trained and equipped, was voted by the Military Sub-Committee considering (he appropriation bill. AUSTRALIA IS PAYING PRICE OF LIBERTY-HUGHES London, Juno 17 (via Ottawa) Australia has paid and is paying the price of liberty," ssid William M.

rtugnes, the Australian Tremier, who Is in London to attend the session of the Imperial Conference, in another interview today. "She will not falter," he added, "but is in the war to the end. He have sucered in Australia. as elsewhere, from an insidious Ger man propaganda. EXPRESSMEN COMPLAIN Washington, June 17 Complaint that the present tax law discriminates in favor of the Parcels Post system was made by Frederick E.

Jennings of Boston, counsel for the Express men's League, today, when the House Ways and Means Committee resumed Its war revenue legislation hearings. Jennings asked that the private com panies do exempted like the Parcels Post up to the point where the carrying charge for bundles is 26 cents. A. W. Shorthill of Omaha, representing the National Council of Farmers' Co-operative Association, primarily organized to handle grain, asked tax exemption for such co operative organizations on income actually returned in cash to members or tne organization as a part of the purchase price of commodities re ceived.

SAYS FOES SHOW FEAR The Rev. Dr. Newell Dwight Hulls pastor of Plymouth Church, in his sermon yesterday morning, made this statement: "The effect of fear Is ovMont in foes and they will surely repent their many atrocities and ruthless warfare in the present world struggle." ur. nuns suojeci was "Are Remorse and Conscience Agitating the Germans?" and th Plvmnuth nn. traced the result of remorse and con science on ine enemies of America, irom me early days to the conflict now ratrinir with tha IT An soil.

He said he believed the day was noi iar aisiant wnen tne conscience of the Kaiser and his people will show the fear of God to be a regenerative influence, ending in an early victory mi ngnieuusness ana. rreedom through the triumph of the Allies. COUNTY COURT SENTENCES For criminally receiving stolen cotton valued at $2,000, Morris Goldberg, 34, of 411 Sutter avenue, was sentenced to the penitentiary by Judge Roy, William Jansch, 39, of 1394 Greene avenue, a German alien, was sent to the penitentiary for stealing shoes and trimmines valued at 171 employers. Other sentences by Judge Roy were: Pervis Neil burglary, penitentiary: uiuantui entry, sixty days in jail. Sentences by Judge Dike were: Claude Williams, burglary, sixty days in tail: Rert Hr.llm.

-if day in Jail; William Wright, sentence WHO HAS SEEN M0V.y Fear that he would not be promoted Is believed to have led Morris Ettinger, 13 years old, of Henderson's walk and the Bowery, Coney Island, to leave home. His mother, Mrs. Max Ettinger, reported to the police of the Coney Island station today that her boy had not been seen since he started for school on Friday morning. The boy, who was in grade' 5B of Public School 100, was told by his teacher that he would not be promoted. When he left home he had on a blue trousers, white waist with blue stripes, tan shoes and black stockings and a checked cap.

Ho is 5 feet tall and of dark complexion. to break down the Italian Hfon Kn a great pincer movement. it adds tnat the battle will last several dsys before a decision Is reached. Austrian Casualties Heavy. London, June 17 Austrian troops who had as their objectives on the British front the range of hills Including Clma DI Fonte, Pau and Cave-leetto, telegraphs Reuter's correspondent at Italian headquarters, were much discomfited before reaching the British wire entanglements.

In front of the Cesuna positions the Austrians Buffered heavily from tho British machine gun fire and they were also caught by their own artillery which fired short. The Austro-Hungarlan casualties, tho correspondent mtiv ki reckoned In thousands while those of tno iirmsn are very light. The number of prisoners taken by tho British has been Increased to 400. Besides re-establishing their line, tho British patrols again arc pushing out into No Man Land, A cordial welcome awaits you here The welcome we extend to depositor! and the public generally is a most cordial one. We are glad to see you here and glad to be of service to you if the assistance you require can be rendered in conformity with the sound banking principles which guide ui in every phase of our business.

FIRST NATIONAL BANK IN BROOKLYN- Broadway Havemiyw St. EXTEND ANCHORAGE GROUNDS IN HARBOR Congestion in Port Causes Man Owing to the congested conditio! of the Port of New York, large extent sions have been made to the anchor age grounds of the harbor. Th west em boundary of the general anchoragl off Bay Ridge, extending south fron Sixty-sixth street to the intersection ol a line drawn straight from the spirl of the Convent of tha Visitation ti St. Mary's Church spire at Rosebank Staten Island, has been greatly extend' ed to the westward. The naval anchorage now extendi south to near Fort Lafayette, aboul one and one-quarter nautical miles The anchorage for barges loaded witl explosives off Sandy Hook has been era laTged so as to provide for flvo bargei iiatead of two, as heretofore.

In the newly extended anchoragl 21-B in the upper bay the westen line has been pivoted out into thl channel from tho westernmost buol marking the northern boundary ol anchorage 21-A. The southernmost point of the new western boundarf line is a bell buoy off Owl's Head. I) is this same bell buoy which wal moved when the anchorage 21-B wal enlarged under the revised rules o) March 16, 1918. The Owl's Head be! buoy will serve as a turning point oi vessels when heading down into tbi Narrows. No change has been made In tw anchorage 21-C lying to the westward of the Bay Ridge Channel.

This aqj chorage is reserved for barges. Under the new rules anchorage 21-B Is reserved exclusively for steami ers. The anchorage 21-A is set apa for sailing vessels. TURN IN AUSTRIAN POLITICS FAILS TO OCCUlj Amsterdam, June 17 The expected turn in the Austrian political situation by Ministerial action over the week end did not materialize, pending plenary meeting of the Polish party, announced for June 21, to reconsidel the Cracow resolutions, which were I virtual appeal for the indepcndcncl of Poland and its separation from Austria and the Hapsburg dynasty. It is believed, according to news ad.

vices here, that an open German Polish breach will not ensue, even should the Cracow resolutions be upheld and the situation remain undecided until such time as the parties can come terms. Some German elements hop that the meeting on June 21 will build a bridge for an agreement. DEVLIN ATTACKS SINN FEIN IN SPEECH Dublin, Sunday, Juno 16 Josepl Devlin, Member of Parliament and deputy leader of tho Irish Nationalist party, addressing a meeting at th village of Virginia, Cavan County, is support of the candidacy of O'Hunlon, the Nationalist candidate for Parlia' ment for East Savan, today, said tin Parliamentary policy was one of thl principal factors in the upholding ol Ireland's interests. He said the lrisk party was not going to throw awaj the weapon. "The Sinn Fein is not a new doc trine or a new policy," he said.

"II has been before the country for twenti years, but the Irish people have paid no attention to it because it is toil grotesque and during this period' ol twenty years it has not raised a la' borer's cottage or helped to brighten or beautify a single woman's home. "When it was declared by the Sinn Felners that there is no room for men liko John Dillon In Irish politics, thea the supporters of the constitutional movement accepted the challenge." STEEL SHIP LAUNCHED Baltimore, Juno 17 Tho steel re frigerator ship South Pole, of tons, was launched at the yards of th Baltimore Drydocks and Shipbuilding Company today, within forty days ol the time the vessel's keel was" laid down. Charles M. Schwab, head o) the Emergency Fleet Corporation, was present and made an address to tho ship workers in which he asked the men If thev would stick to theii work and "help build ships inces. santlv." Tho men responded with cheers In the affirmative.

Miss Klor-ence Patton of Milwaukee was spon' sor for the craft. ROBERT MOORE CONVICTED with forgery in the third degree, Robert Moore, formerly manager of W. R. Craig commodi ty department ai 20 uroaci street, wan tnrluv rnnvlptorl a jury In General Sessions, Manhat tan, before juago joiu fie was remanded until Friday for scntonca. 1U lives at 100a ouveuiy-sixm ctruun Brooklyn.

INVESTIGATE DEBS' SPEECH Washington, June 17 Department of Justice agents today started an inquiry Into a speech of Eugene V. Debs, former Socialist candidate for President, at Canton, yesterday, to determine whether ho mado disloyal or seditious remarks. United States attorneys at Cleveland and Columbus are In charge of tho Invculit gallon. GARDINER CLIMBS EAGLE BUILDING AS THOUSANDS WATCH Continued From Page 1. emonies.

Mr. Riegelmann explained that the "Human Fly" was to climb the building to promote the sale of War Savings Stamps and he called upon all present to see that the promotion was successful. Ricsclmann Urges Brooklyn to Go Over Top for W. S. S.

Brooklyn, the Borough President reminded, had been asked to take $40,000,000 of the Third Liberty Loan and had subscribed nearly 155,000,000 worth; had been asked to subscribe $2,000,000 to the Red Cross Second War Fund and had given more than $3,000,000. "Brooklyn," said the Borough President" has gone over the top in what our Government has asked us to do. We are now told that our quota in War Savings Stamps is $35,000,000. We have sold about $4,000,000 worth so far, leaving $31,000,000 still to he sold. We've got to take that! We've got to do it! We can do it if everybody will do his part! Will you? Raise your hands if you will!" The same forest of hands that later answered Gardiner wasa Iso the Borough President's answer.

Postmaster Burton took up the tale of what Brooklyn must do in the S. drive, urging regular buying Thrift Stamps and War Stamps, urging above all else that they should be bought in Brooklyn. "Buy in Brooklyn, Give Brooklyn the credit," said the Postmaster. "We live in the biggest borough in the city. We have more people here than In any other borough.

We have the best homes. We, have done all that the Government has asked us to do. Now let us buy War Savings Stamps for the honor of Brooklyn!" "Remember, in buyng War Savings Stamps you are not giving your money; you are lending it to your Government," Gardiner took up the story, and, with these words, began the ascent of The Eagle Building at exactly 12:50. His climb up tho frst few stories appeared very easy. He stopped at various stories to shout messages down, once calling that he was going to auction off his hat when he finished to the highest bidder for W.

S. and again asking that stamps be Bent to him to sell on the way up. Sells Stamps at All Floors In Ascent. That it was worth while sending for the stamps was evidenced as Gardiner made his way along copings and up columns, for at every window to which he came there were eager buyers. At the seventh floor alone, the quarters of the News Department, there were buyers for $13 worth of Thrift Stamps.

Tho Eagle people all did their bit, and they listened with delight, as, on his climb, Gardiner reached a bronze eagle, slapped it and cried out, "That old bird is faithful," then going on to sit on it and say. "I'm proud to bo on such a grand and glorious bird as the Eagle." And the crowd down below clapped in approval. Up to the fifth floor Gardiner went very easily, stopping there for several minutes on the coping of a wide balcony. From then on his ascent was more difficult. To the 'seventh floor there was almost a smooth wall, with only a few places for handgrips.

Gardiner tried first here and then there, at last coming to a place where there was a sort of column of bricks between two windows and, partly shinning up this, partly pulling himself Villi his remarkable "chinning" strength, he came to a wide coping at tho seventh floor. He seised it firmly, swung his body in pendulum fashion, and, while the eye still wondered at what it saw, pulled himself over the edge. One more flour there was until he came to the widest coping on the building. From the street it seemed to present insurmountable difficulties. The "Human Fly" seized hold of It as he had the lower ledge, swung like a pendulum once more, got one knee over the edge, slid himself along until it seemed that he must be holding on by his teeth and nothing more and then whoop! from the throng below he was over it.

Still not. at the top, he continued with cat-like grace and agility. Long brackets shot out from the side of th etower, holding electric light bulbs. They added to the difficulties, but Gardiner gazed at the crowd below and smiled. He edged, edged, edged his way on up, hung poised at least twice over space, and then reached at last to The Eagle at the very tip of the tower.

He was over the top! Gardiner Is going to climb in Brooklyn again tonight. He will make the ascent of the structure at Fulton street and Bedford avenue at 7 o'clock. Like his climb of The Eagle Building this noon, his second climb is to boost the sale of War Savings Stamps. BIG TANNERY BUltXED. Emporium, June 17 The finishing plant of the Emporium Tannery, owned by the Elk Tanning Company, was destroyed by fire today.

The loss is estimated ut $500,000. The origin of the fire was not Bell-ans Absolutely Removes Indigestion. Druggists refund money if it fails, 25c 4 ing during tha recent Red Cross drive. As he received bids of both $25 and $30 he said each could have one, and thus $55 was added to the day's receipts. Following this Gardiner offered the hat he wore on the trip to The Eagle tower for sale.

The first bid of $5 was followed in a second by one of $10, and the amount soon ran up to $25, from where it went to $30, then to $50, $60, $76, after which it was knocked down to Charles Horni of 432 Hamburg avenue, for $100 worth of War Savings Stamps. Postmen and Marines also mingled in the crowd selling stamps. 20 YESSELS SUNK BY, U-BOATS SINCE MAY 25 OFF COAST Keep Away From Convoyed Transports and Attack Unarmed Merchant Craft. Washington, June 17 Apparently avoiding the lanes of convoyed flotillas bound overseas, German submarines which began operations In American waters. May 25, are continuing their attacks on unprotected prey.

Their latest victims were un-armed sailing craft the Norwegian Kringsjaa and the Samoa, which were sent down some ninety miles off the Virginia coast Details of the sinking of the Kringsjaa still wero awaited today at the Navy Department. First information that this vessel had been destroyed came in a brief radio dispatch late last night from an American warship, which had picked up all the survivors. The dispatch said the vessel had been sunk about 90 miles oft" the coast of Virginia but did not say at what time or in what manner. Twenty vessels eleven sailing craft and nine steamers are now known to have been sunk by the raiders. Six of these were Norwegian, one British and the remainder American.

Several of the American craft, including the oil tanker Herbert L. Pratt, have been towed to port GUNMEN GET LONG TERMS Alphonse Sgrola, John Esposito, alias "Lefty," and Michael Notaro, known as the "fixer," the gunmen of the Navy street contingent of the Italian gang of cut-throats and black mailers that preyed on honest mer chants and gambling house keepers for tribute, were sentenced to prison for long terms today by Justice Callaghan in the Criminal Branch of the Supreme court on tneir pleas of guilty to man slaughter in the first degree. They were indicted for murder in the first degree, but helped the State in convicting Allesandro Vollero and Pel- legrlno Morano, the ringleaders of the Navy street gang, and were let off with ugnter penalties, sgrola, who had been convicted before, was given twelve years In State's Prison, and Esposito and Notaro, who had never before been convicted, each got not less than six nor more than ten years. DR. VIVAS AND WIFE HELD Dr.

Esqullla Vivas, formerly private secretary to General J. V. Gomes, reputed to be the present "dictator" of Venezuela, was removed late last night from a South American ship and taken to Ellis Island, it was learned today, together with his wife, daughter and two others of their party. Thev will be held, it was said, pending the finding of a special board of inquiry as to charges of pro-Germanism lodged against Vivas by Carlos L. Bus-lamantl, newspaper editor of Venezuela, who arrived on the same liner.

Protests against his detention were made by Vivas and the Venezuelan Consul General here. BABY SWALLOWS IODINE During the. temporary absence of her mother, last evening, 2-year-old Helen Burns, of 518 Marcy avenue, got hold of a bottle containing iodine and swallowed some of it When her mother returned Helen was writhing in pain on the kitchen floor. Ambulance Surgeon Seigel of the Bushwlck Hospital relieved the child's suffering. FIRE AT LAWRENCE, MASS Lawrence, June 17 Fire starting in a woodyard in the Aiatfint tnriav nnreftd ranirilv and within a short time eight build ings were in names, neip was canea from nearby towns when tho fire got beyond control of the local department CASTOR I A For Infants and Children In Use ForOvr 30 Years Always bear the Signature of After Harry H.

Gardiner, the had climbed The Eagle Building to promote tho sale of War Savings and Thrift Stamps, he returned to the street and did a thriving business selling the stamps. The largest purchase was $1,000 worth by Borough President Edward Riegelmann. There were several purchases amounting to $100 and others of $25, while the $1 lota went like hot cakes. Then the Human Fly put up at auction an autographed picture of himself climbing tho Temple Bar Build RELIGIOUS BELIEFS NO DEFENSE, RULING IN RUSSELLITE CASE Continued on Page 1. elementary that ignorance of the law Is no excuse.

The court's attitude has always been that religious belief Is no defense to crime because ignorance of the law Is no excuse." "It has always been' My IHea of religious freedom that a man might preach irrespective of the result of his preachment," said Mr. Fuller. The court and counsel then discussed the law on the question, the court declaring it had many decisions to support its "Will you give us a citation?" asked Mr. (sparks. "No, 1 won't," replied the court.

"This is the most presumptuous thing I have yet heard." "It is not presumptious," answered Mr. Sparks. "It is," retorted the court "It Is practically asking this court to write a brief lor you." Judge Quotes Decision. At the conclusion of Martin's testimony Judge Howe read a decision of the Supreme Court of tho United States tbat held that religious beliefs do not absolve a person from the responsibility of a crime committed in his pursuance of religious views. "This will be the rule of the Court in charging the jury," stated the.

Court. It was a death blow to the defense. The citation was that of Reynolds vs. the United States and upheld the conviction for polygamy of a man who married while his first wife Was alive on the ground that this marriage was permissible under the tenets of Mor-monism. The Government did not connect Marttn with the alleged seditious literature.

At the close of his testimony he said that the "bride of Christ," His elect, will number 144,001 at Judgment, as Revelations states it The first witness, Guy 8. Miller, called for the defense, said that he, as foreman of the Russellite printing de-Dartment. ordered the reprinting of i 9,000 copies of the Watch Tower con taining a quotation from Jack pen that bitterly attacked a soldier. He said he did it to substitute for 'a broken "form" on the current issue. The indictment charges Martin with ordering this reprint The order did not bear Martin's O.K.

SUBWAY MEN BACK AT INCREASED PAY Not All of 6,000 Strikers Re-turn to Work. The subway construction workers, who went on strike a week ago, returned to work today at an advance in pay of about 50 cents a day. The number of strikers who went out was about 6,000, but the number to return today was somewhat less, Just how much could not be told with any degree of accuracy until a checkup had been made. The men who failed to return had grown tired of waiting for the city and the contractors to come to an agreement and accepted employment in munitions plants or elsewhere. Whether the number of missing was sufficiently large to interfere materially with the construction work can not as yet be determined.

In some quarters the claim was made that it was, and that the finishing of the contracts on schedule time would be practically Impossible. At the offices of the Public Service Commission, however, the attitude was optimistic, the hope being expressed that it would not be impossible to replace the workers. Many of the men. It was pointed out, object to working in munitions plants and prefer to stick to work in the open, even at somewhat smaller pay. An appeal may be made to the various unions to furnish additional men to complete the work, it was said today.

The Public Service Commlsison Is making plans to carry out tho agreement made on Saturday between tho Commission, the Board of Estimate and the contractors. Continued From Page 1. was sent to 14 Jumel Terrace, Jeremiah's home, on several nights. Sunday, May there was a family gathering at supper. After supper John O'Leary and Arthur Lyons appeared.

Later, John, Jerry, Lyons, Jerry's wife and Alexis took a ride in Jerry's car. The car was stopped a block from tho Jumel Terrace house. Alexis and Mrs. O'Leary left the car and went to the house, leaving the other three alone. Monday, May 6, Jerry again appeared at the Madison avenue home.

An uncle, Jeremiah Mognihan, had died and there was a family discussion as to who should go to Glens Falls to the funeral. The mother asked Jerry to go to Father Patrick O'Donnell of St. Francis de Sales, in Ninety-sixth street, near Lexington avenue, Manhattan, to give the priest an offering to say masses for the dead uncle. Alexis and Jerry went to the rectory and Jerry confessed to Father O'Donnell. Then the brothers and the priest started back to Madison avenue.

On the way they were met by John O'Leary and Arthur Lyons in John's car. John got out and Alexis got in. There was a short talk and then John drove the car up to within a block of Jerry's home. Jerry and Father O'Donnell went to the house, while the others waited for them. When the two reappeared Jerry asked Alexis to go to the house for the night.

That was the last time Alexis saw Jerry. Why the car was not allowed to go to the house was not disclosed. Alexis O'Leary, another brother of John O'Leary, indicated in cross-examination the defense that is going to be made for John O'Leary. It is that all the members of the O'Leary family are opposed to Jeremiah and his views as expressed in Bull and in agitation speeches. "No member "approved of Jerry's activities," said the witness.

"Jerry was friendly at one moment and at you the next moment." Alexis also Indicated that Jeremiah and John w'ere not on friendly terms. Slay Testify for Brothers. Jeremiah A. O'Leary, whose escape from Justice brought about the trial of his brother, John, and whose capture at Sara, Washington, Is regarded as of the highest importance to the Government may be a witness in behalf of his brother. Telegrams he is said to have sent to friends since he was caught are regarded as Indicating his 'desire to deny that John O'Leary aided in his flight.

As yet, little is known regarding how Government agents came the track of the elusive' Jeremiah, a fugitive Bince May 7. The little hamlet in which he was captured is a community of three houses. A man who came there about the middle of May and who gave his name as Thomas Cor-bltt took charge of a chicken ranch which he had bought from one T. L. Sagar of Portland.

and announced that a brother-in-law was coming in a few days to run the place for him. This Corbltt, regarded by Government agents as a possible alias for Arthur L. Lyons of Brooklyn, installed one Sam Stein, of Portland, German-born, as "caretaker" and departed. A few days later, about May 25, the "brother-in-law," O'Leary, arrived. At John O'Leary's trial Friday it was announced Jeremiah had departed for parts unknown on May 7, with Lyons, and had been "lost track of." The new arrival aroused Stein's curiosity because he appeared excessively nervous.

He took many trips in an ancient automobile he had purchased for 200. On one of these he ventured into the town of Rldgefleld, Wash. It is asserted that it was on this trip that he was "spotted" by a Government agent. A few days later other Government agents closed In on his trail and, on June 12, while Jeremiah was tinkering beneath his automobile at the chicken ranch, three men stepped out of the woods about the ranch and surrounded him, They effected their capture without trouble and fired three shots as a signal. The signal brought six other men from the woods, a civilian force that had been Impressed in case of trouble.

According to the stories that have come back from Portland, Jeremiah, once dapper In dress and appearance, had come to resemble a tramp. He had a scraggy black beard, his skin was pallid and his eyes red, while his clothes showed much rough usage. The Government men put handcuffs upon him, so the dispatches from Portland relate, and the erstwhile Manhattan lawyer, now looked upon as a traitor to his country, uttered Just one remark. That was: "I guess it's hanging for me.".