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

TUF, daily YORK, WEDNESDAY, A1TJL 17, 11)20. DIES ON EVE OF MERGER QUITS TEMPLE PULPIT DR. MASSEE QUITS i'I0 DEFENSE I RESTS WITHOUT ANY TESTIMONY HISPASTORATE BUCK ATTACKS BESEHVE BOARD IN HOUSE SPEECH 'f I T. i'B I 0 wl 1 fir I I DOCTOR ACCUSED She Says Patient Didn't Want Child Who Was Deserted in Valley Stream. Mrs, Anna Fitzgerald, 49, proprle tor of the Bhelton Arms rooming house at 193 Shelton Jamaica, and Dr.

Henry T. Pflug, 50, a physician, who lives and maintains offices at the same address, were arrested today and charted with abandonlna the Infant found last Sunday on the doorstep of Mrs. Emma Zuber's home at Valley Stream, L. I. They were arrested by Detectives Theodore Berger and Horace Holder oi tne Jamaica squad.

According to the police, Dr. Pflug last Saturday night invited Mrs. Fitzgerald fm a drive in his car. While drlvtng through the Ridgs-wood section of Brooklyn Mrs. Fits, gerald told the police, the doctor asked her to go with him to visit a patient tucte who was expecting to give birth to a child.

She went with him, she told police, and stayed to assist. The mother then told them, the police allege, that because she had been a widow 16 mcnths and because she had a 14-year-old daughter whom she did not want to know of her having the child, she desired to have the child adopted Immediately. Mrs. Fitzgerald volunteered to find a home for the Infant, the police said. Mrs.

Fitzgerald and the doctor were to be arraigned today In the Jamaica Magistrate's Court. WHEAT INELIGIBLE TO BE JUDGE HERE; H00VERRENAMES3 Caffey and Stryker, Whom Coolidge Picked, Are Approved by White Mouse. Washincton, April 17 W) President Hoover Is understood to have decided to reappoint three of the four" Federal District Judges for Greater New York whose nominations were sent to the Senate at the last session by President Coolidge but failed to receive action. These men are John M. WooUey.

Francis O. Caffey and Lloyd P. Stryker, all for the Southern District, which embraces Manhattan and the Bronx. The name of Alfred -A. Wheat, now an Assistant Attorney Oeneral, to be District Judge for the Eastern District, embracing Brooklyn, Kings, Nassau and Richmond, will not be sent to the Senate again, as It develops he Is not a resident of that district, which Is a legal requirement for appointment.

There has been no Indication who the Chief Executive 'has selected in Mr. Wheat's pjace. DEAFNESS SEIZES JUDGE AT TRIAL OF HELEN MORGAN Continued From Page 1. short recess of five minutes," he said, and he almost fell as he fctepped down from his bench. Twenty minutes later he reported he felt a little better, but he called off the session.

During the enforced intermission, Miss Morgan had held court. She sat on the table Helen seems utterly unable to sit in a chair for long and talked and talked with her friends. Miss Morgan is making these night club trials a study In contrasts. She Is contrasting herself with Tex Gulnan, who preceded her into the same courtroom, and who walked out free. Helen Is demure wliere Tex was almost strident.

She 13 retiring where Tex was dominating. Shi wore a jcvere but trim looking ta' iult, where Tex wore colors frills. She rarely smiles while court is in while Tex wao always smiling. She never comments on what ens in court, where Tex was forever wisecracking. There was promise today of live'y doingi Prohibition agents of lesser rank than White, who caught Miss julnan; Mitchell, nabbed Helen, and Tyson, who helped on both, brought in seven bottles.

Two were marked champagne, the other Ave being the common variety of ginger ale bottles. There was some fluid in them all, however, and Salter was all set, he said, to prove that the fluid was liquor and that It had been purchased In the Morgan club. Tyson was put on the stand to testify to that fact. He might have cone so had not Judge Thomas' Illness intervened. As it was, the agents vho brought the bottles In stowed them away in pockets again and took them out.

Mayb they'll appear again before this is all over. The Jury Is a most peculiar one. There are six members of it who aro not working. One admits he favors modification of the Prohibition law. All of them are over 50 and court attendants say the Jury has a higher average age than any which has sat in a Federal Court before.

If the Tex Gulnan Jury was one of tired business men, this is a Jury of men who have been tired a long time aoparentlv. It Is the sort of panel that Is likely to do anything. WITH WOMAN OE ABANDONING DABY Samuel Barnett. MEXICAN REBELS ENTRENCH TO MEET FEDERALADVANCE Several Battles Loom in Sonora Indian Snipers Expected to Delay Troops. Nogales, April 17 (P) Mexican rebel fortifications at Nogales and Agua Prleta.

Sonora, were being strengthened today as federal armies crept nearer the last stronghold of the revolutionary movement Agua Prleta, which has been occupied by about 1,800 rebels from Chihuahua, under General Martin Barcer.as, apparently was being made ready to repulse an attack from federals reported to be moving toward Sonora from Pulpito Pass, or from the loyal garrison at Naco. Sonora. Unemployed men In Nogales, Sonora. were placed under rebel guards and put to work digging trenches more than half a mile long. United States troops were distributed at various points along the American side of the border.

HINTS QUEENS ENGINEERS BUILD PRIVATE SEWERS Continued From Taie 1. endar in Queens about half of which are sewers and that until these are taken care of no now work of tills kind can go forward. He sadl that the sewer construction was held up largely by reason of the fight over the paying of the assessments on the Jamaica sewer. This, he pointed out, is a $16,000,000 item of ''frozen money" which automatically has a tendency to hold up other uQeens sewer construction. Palno's Name Enters.

William Bishon. enalneer in charge of sewers in Queens, was called on next by the commissioner ana stated that the "Federal Pipe" was first used on-Rockaway blvd. last fall, when nsked who made ud the com pany that produced that make of pipe, he said ne oniy Knew one r.iun in the concern. "That was Anjelo Palno," he added, "Was Pflino ever nresent at the laboratory tests of his pipe," asked the commissioner. "Yes, he was there twice, once in the company of Professor Byers of Columbia University, who was advising on the use of materials incorporated in pipe." ARSON SUSPICION BRINGS PROBE IN $300,000 BLAZE Continued From Pate 1.

the Rockaway Beach Hospital, to which they were taken after being dug out of the debris. None was seriously hurt, it was said. All of the buildings involved were unoccupied, as they had not yet been opened for the summer season. Two Are engines, an automobile truck and tractor likewise were damaged by the flames. Fire Alarms Turned In.

Fire Commissioner John J. Dor-man, Fire Chief John Kenlon, and Deputy Chief John Davin, in charge of Brooklyn and Queens, went to the fire when five alarms were turned in. The Colonial Hotel, owned by Herman Green, of the Mayflower Hotel, Lakewood, N. and Michael Rosenberg, of the Paramount Hotel in Manhattan, was one of the largest hotels in the Rockaways. The Briton Hotel, owned by a Miss Briton, of Brooklyn, was a three-story frame structure containing about 50 rooms.

The six double bungalows were owned by Max Gold, of Amstel blvd. and Beach 67th st Arverne, and the damaged boarding house, which was at 130 Beach 64th by Mrs. L. Berkowitz, of Far Rockaway. Evan Fontaine In Fight to $1,000,000 Trial was before Justlc I.ydon and in the ManhatUn Supreme Court today to decide whether Miss Evan Burrow Fontaine, former Zletfeld dancer, mav proceed with a $1,000,000 breach of promise suit against Cornelius an-derbtlt Whitney who, she alleges, Is the.

father of her 8-year-old son, Cornelius Vanderbllt Whitney Jr. Former Supremo Court Justice Dnntel Cohalan appeared for Miss Fontaine, who. was her own brief wltnes at this morning's sesnton of the trial, and John W. Davis, one- Democratic presidential candi date, lor wnitney. A complicated legal umie was Involved.

The breach of promise suit had originally been brought in th-Cclofirnoa State courts, transferred to the Federal Court an dthen dis continued by Miss Fontaine there. Despite this "discontinuance," Whit Fc' ral Securities Corp. Face Heavy Loss Fraud Is Charged In an effort to unscramble the tangled deals that grew out of the dream of the late Francisco Ferrari, president of the defunct City Trust to make millions by marketing Lancia motorcars In this country and aid the "suckers" who boujht dream stock to get their money back, Justice Lewis L. Fawcett in Supreme Court this afternoon threw the Federal Securities 15 Park Row, Ferrari concern, lntc the hands of a receiver. Justice Fawcet named the Irvlnt Trust already receiver in Fed eral Court of Lancia Motors of America, whose 68,000,000 s'ocU shares went Into the hands of Ferrari and his aids without the payment of a penny by them, whlls others of its shares brought in or so from "suckers." Rackow Charges Fraud.

This sum of $92,000, now tangled up in the assets of the Federal Securities Corporation, was mulcted from share buyers through fraud and misrepresentation, according to Deputy Attorney General Rackow. who applied for the receivership. His move was bitterly contested by Edward I. Wechsler, counsel for the Federal concern, who Insisted ihat all would have been well and that Ferrari's plans would have brought rich returns if "Vincent Lancia, who got $100,000 for a contract to supply Lancia car parts from Italy for the American factory at Pough-keepsle. had not run out on his part of the agreement and went in hiding in Italy, where he has the cash and also some shares of stock of the Lancia Motors of America." Deal Like a Merry-Go-Rouhd.

Mr. Rackow told the court that the Federal-Lancla deal was like a merry-go-round. Ferrari, who seemed to pull all the strings while others held titles as high officials of tne various companies involved, was owner of a sales agency for Lancia motorcars and when he got the Lancia Motors of America organized and a contract signed with Lancia, he', sold the sales ajency to the other concern. Tne chief asset of the sales agency, Mr. Rackow pointed out, was a certificate of indebtedness showing that Mr.

Ferrari, president or a Dig Dame and financial wizard, owed the sales agency $34,000. But the Lancia Motors of America, where Ferrari also pulled the strings, paid $50,000 for the agency and theoretically tore up Mr. Ferrari's I. O. making It really $84,000.

Ana tnen tne Federal concern start ed to sell Lancia Motors of America stock, almost exclusively to Italian people, and collected some $02,000 from investors. WARDER OMITS GIVING PROOF OF CITY TRUST LOOT Continued From Page 1. plaint of the criminal acts they allege to District Attorney Banton in Manhattan. Banton's position is that he Is not warranted in taking action on the bank collapse In the absence of a specific complaint. Law Not Complied With.

addition to Warder's amazing inactivity, not a peep has escaped from anyone connected with the Banking Department as to the causes or amount of the failure, not even to the bank's directors and stockholders, who have been left "holding the bag" in the failure. Tha latter have nothing but the assurance of ex-Justice Jeremiah T. Ma-honey, of counsel for the department, in open court that "there Isn't a chance in the world for the stocknolders to recover their investment." Warder and his legal advisors have also failed, to date, to comply with the law requiring them to post with the County Clerk in Manhattan the list of the bank's assets and liabilities as of Feb. 11, the day the Superintendent of Banks closed the City Trust doors. Excerpt of Letter.

The letter to the Eagle Indemnity Company read in part: "As attorneys for the Superintendent of Banks, we hereby notify ycu, on his behalf, that claim is made for $100,000, the penalty of the bond, by reason of the losses suifered by the City Trust Company through the larceny of FrancLsca M. Ferrari (the late president of the defunct bank) or others, committed by their connivance and consent. "We should be glad to confer with you at your earliest convenience and to furnish you with proof of the statements contained in "this letter." The letter was signed bv the firm of Phillips. Mahoney, Liebell Si Fielding, counsel for the Banking Department, "per W. C.

Though officers of the indemnity company declined today to publlclv discuss the department's demand, The Ea-rle learned authoritatively today that the company had snapped up the department's offer to furnish proof. The result was that Jawyera of the company wrote the next day to Warder through his ANOTHER FERRARI GOnPUTIHTO REGEIVER'SHANDS Takes Stand Continue Her Heart Balm Suit ney moved the suit for trial and verdict was returned against the plaintiff without her presence, eietner in person or through counsel The Jury before Justice Lydon rill have to settle whether the Judgment of the federal Court acts bs a bar to bring any trial here and whether the facts adduced there are conclusive against Miss Fontaine, The boy, whose paternity is at Issue, sat through the proceedings today reading a book and paying no attention to wnai went on. The plaintiff-witness was per mitted to answer oly ont relevant question. Asked if she knew Whitney, she said "When did you meet him?" Judge Cohalan asked theen, but Mr. Davis objected and this objection, as well as others made to a series of other questions oy the plaintiff's attorney, was sustalnede.

A recess wa called until later this afternoon. SAMUEL BARNETT DIES AS 2 BANKS EFFECT MERGER Continued From Pate 1. becoi.ilng vice chairman of the board of the Bank of United States. Earned $1 a Mr. Barnett's career was unusual.

Ks came to America 40 years ago from the Ukraine, and alt.i a time In Mlslsstnl. -York with $350 and took a $3 a week Job. In 1905 he weiu iJo i.u. clothing business retiring some years later when his organization was rlnlnir an hualness of about $3,500,000. He became president ot tne Municipal in ivh.

lyn, before his venture In the clothing field, Mr. Barnett sold dry goods from a nushcftrt In the Brownsville and Williamsburg sections. Surviving are his wife. Mrs. Hannah Barnett; a daughter, Mrs.

Marion Levinson, ana a son, nor-bcrt. Two brothers and four slstirs aivo survive. Death Was Sudden. At the home' of Mr. Barnett, 1378 President st- it was said today that the funeral arrangements have not Leen completed.

The family said that Mr. Barnett's death was very suJden. Although he had been in poor health for some time it was thought that he was on the way to recovery. The terms of the merger provide exchange of 3V4 units of Bank of United States for each share of Municipal Bank. One Bank of United States unit will be exchangad for each three shares of Municipal Financial Corporation, securities affiliate of the bank.

Brooklyn's Second Larfest. The Municipal Bank and Trust Company is the second largest bank with the majority of Its offices in Total resources of the two banks exceed $300,000,000, ex clusive of the assets of the Bankers Corporation, securities affiliate of the Bank of United 8tates. Into which will bs merged the Municipal Financial Corporation, occupying a similar position with respect to the Municipal Bank. Present resource's of the Brink ol united states are $232,127,249. while those of the Municipal at the most recent call were $31,219,629.

Combined capital, surplus and undivided profits of the enlarged Bank of United States will be in excess of $46,000,000. Such funds of the Municipal now amount to $12,261,264, and those or tne uarut of United Statta to $33,984,585. Marcus Is President Bernard K. Marcus, son of the founder of the Bank of United States, will remain as president and C. Stanley Mitchell as chairman.

Saul Singer will remain executive vice president. The board of the Bank of United States will be enlarged to admit several Municipal directors. The merger will give the Bank of United States 16 additional offices In Brooklyn, where its chain heretofore has been weakest. Out of 37 offices in New York City, the Bank of United States has had only one Brooklyn branch. The four Manhattan branches of the Municipal, Including the headquarters at 70 Wall also will be added, bringing the total number of Bank of United States offices to 57, exceeded only by the Corn Exchange Bank, with 66, and the Bank ot the Manhattan Company, with 62.

Had Remarkable Growth. The growth of the Municipal has been one of the most remarkable episodes of Brooklyn banking. Organized in September. 1919, with capital and surplus of $300,000, its operations were confined to Brooklyn until last August, when the Wall Street office was opened. Deposits grew from $1,739,594 on Dec.

1, 1920. to $42,017,703 at the time of the Wall Street office opening. Canital has been Increased seven times and numerous small banks absorbed and converted into branches. The Bank of United States has had an almost parallel record in Manhattan. Organized in 1913, It acquired Central Mercantile Bank and Trust Company and the Cosmopolitan Bank last year, and about a month ago added the Colonial Bank and the Bank of the Rockaways.

SENATE 0. WAY OF NAMING MELLON Washington, April 17 W) The Senate Judiciary Committee, after deciding today that Andrew W. Mellon had a right to remain in the Hoover Cabinet without his nomination being resubmitted, deferred until Fflday a. determination of whether his business connections would bar him. counsel demanding the promised "proof." The indemnity company, it was vouched to The Eagle, has net had a line in reply to its demands on the Banking Department.

Nor will the company come forward with the $100,000 demanded until the heralded proof is forthcoming. The $500,000 amount fixed as the minimum of losses sustained by the frauds, it was brought out today, would practically cover the $1,225,000 stockholders' losses admitted to by Mahoney with the addition to the $500,000 sum of the fictitious entry, "Due from foreign banks, $800,000," found on the defunct bank's books. This entry, uncovered by The Eagle, was unearthed in the City Trust records by examiners of Dr. A. H.

Glanntnl after It had been passed up by Warder's examiners, and the fact that Dr: Qianninl's men were unable to find a single paper confirming the entry was a principal cause of his failure to take pver the Institution. BOSTDNJTEMPLE Ex-Brooklyn Minister's Resignation Accepted After Row on Deacons. Boston, April 17 (D The Rev. Dr. Jasper C.

Massee, formerly pastor of the Baptist Temple, Brooklyn, has resigned as pastor cf the Tremont Temple here, one of the largest Baptist congregations In the country, and announced his intention of entering the evangelistic field as offering "an avenue of wider usefulness." The resignation was accepted at a protracted and stormy meeting ot the Temple congregation last night. There had been reports ot friction between Dr. Massee and members of the board, the pastor denied these when, recently, he read Ms resignation to the church members. Strives for Harmony. Friction among the members of the Temple was openly manifested at the meeting and election of six deacons of the church organization and intimations wen made that the question would be taken to tha courts.

The election was carried out after four ballots and resulted In the defeat of two of the old deacons. It was protested by Deacon McCoy. Dr. Massee strove In vain to bring about harmony at the meeting. On several occasions he censured members for cheering and applauding, declaring such actions Improper at a church meeting.

Strife In the church became apparent a few days prior to the submission of the pastor's resignation, and has been on the increase pending the annual Dr. Massee, however, denied that he was leaving the parish, because of any trouble. His only reason, he said, was a desire to take up evangelical work. He is already booked for months ahead at big revival meetings. Came to Brooklyn In 1920.

Dr. Massee came to the Baptist Temple here on Jan. 1. 1920, and In March, 1022, announced his resignation, effective April 15. to answer the call at Tremont Temple In Boston.

He came to Brooklyn from Dayton, Ohio, where he had held a pastorate for the seven years preceding. Dr. Massee was born in Georgia and graduated from the Baptist Theological Seminary of Louisville In 1893. when he was ordained. Before comlnst to Dayto- he had charge in Chattanooga, and Raleigh, N.

C. He became widely known as an evangelist. Bible conference teacher and author of book and articles on religious (subjects. He was one of the best known Baptist ministers in Brooklyn during the pastorate here, being a frequent contributor to The Eagle's Mondt pages. PRESIDENT TO B2 TARIFF DICTATOR IF AIM SUCCEEDS Continued From Tage 1.

House, it is bound to run into violent opposition in the Senate. In view of the decision ot the United States Supreme Court in the flexible tariff case, there seems little doubt that Congress has the right, under the. Constitution, to delegate to the President the power to raise or lower rates." There is grave question, whether Congress would have the right to delegate to the President the power to Impose duties on articles which are on the free list. Would Avoid Friction. The formula under which the Talff Commission now recommends changes to the President is based on the difference in production costs ai home and abroad.

This requires tha agents of the U. Government have access to the book of foreign concerns. The practice has been a constant source 61 friction, as the President pointed out In his message. The alternatives to this formula, now proposed in the tariff commission's plan, are as follows: 1. Comparison of American production costs with what American importers have to pay for foreign goods; information readily available In this country.

2. Comparison of American domestic costs with what similar articles are sold for abroad. 3. Comparison of the wholesale selling prices of American goods with foreign wholesale prices at the chief point of entry. On the basis of thjse formulas, the Te''' Commission coull make decisions.

Recommendations to the President would become fat more speedy than in the past. The above plan represents the maximum that the Tariff Commission and the President can ope to attain. If Congress decides to give the President more power In thla fleM, 'i safe to that the discretion now proposed will be much modified. TEXTILE PEACE NEAR AS STRIKE RANKS THIN Charlotte. N.

April 17 (fPh-Textile mills in the Carolina! opened today with the strike ranka depleted at least temporarily by" approximately 600 workers and with official forecasts of early peace by labor leaders and plant operators. Charles G. Wood. Derjartment'of Labor Conciliator, announced in a statement last night that satisfactory progress toward early settlement ot strikes was being made at all mills except those where striken are under the leadership of the National Textile Workers Union. There.

he said, the situation was at a stand still. PERSONALS H. GREENE. 3002 Avnu K. ofd aro- eery nd dairy to Erhr Norby: all creditors must preicnt blU on or before Aoril 19, 1829.

I WILL not respoualble. for ny debt 7 wut, wmneirea. Henry C. Wehmuia, 12838 Mem it. S.

Own Prk. N. I WILL NOT BE ruponiibl. (or any debt inturieu 07 my wile, KOSe. HlCHara AMInln, 69 Ellery Brooklyn.

SOUTHERN PACIFIC STOCKHOLDERS! I 1 Help 01a navy yardera receive pay found due. Federal Courtl I I Also call attention Government action Death Valley expenses 1903. Vote for me 31st Congressional District. Oeorje Hiram Mann. THE PARTNERSHIP heretofore existing neiween tne unaprsignrci is nereby eut solved as of April 1, 1129.

cwrtjh a. rrnnm, Hl'OH B. PCLSON. Declares Its Course Has Injured Investments. Hacks Stock Market.

llurenii. ('olitmilu llnllillnu Wauliiiiron. April 17 Charging tlis Frderal Reserve Board's "whole cours? of draiini with the situation has been ItauglH with destruction, nr substantial benefit," Representative Lorlnj W. Black Jr Dnmorrat, of Brooklyn, In a speech mad, on the floor of the House today brought the existing credit kiUtAiion to the attention of Con-grew In defiance of wishes of President Hoover and leaders of tin lloiiso and Senate that the special session be limited to farm relief, lanlJ-and a f4w other specified subjects. The Board was also attached In a resolution Introduced by Congressman Peld, Republican, of Illinois, railing for a sweeping Investigation of the activities and policies of the since the war by a House committee of nine The Federal Reserve Board, according to the resolution, "seems to have failed to recognize that there a great change In ownership of stocks due to the tendency rit the small Investor to Invest In of sound Industrial concerns, add hss adopted and Is pursuing a policy which Is harmful to the small Investor." Representative Black decidedly s'salnst any movement to give the Ti'dTal Reserve Board any more power than It has at the present 'timcV fecllnr Instead that Its powers, if anything, should be further rcfrictcd.

nils Arbl'rary Action. lid condemns its actions by TTrt nr T) 1. Injected a new and unwelcome factor In the Investment outlook. This factor Is Its own possible actions, either by public clamor, fear, propaganda, unrar-rsrlted Increase In rediscount rates nnd punitive deflation of currency." The New York Stock Exchange, Black's opinion, Is and has been' one of the greatest factors In the'economic growth of the country. He says: "It is a seasoned institution, which has built up a strict set of regulations, issued on Its own of over 100 years.

Friction between the Exchange and the Fed-eroTJlesrrve Board will undoubtedly Append our economic development," Talis It Socialism. He said In part: "Recently there have been state-liidnis Issued, charged with apprehension of our prosperity and indicating a movement toward a The Federal Reserve Board, clothed with Jurisdiction over credit, has extended Its operations to the field ol capital. Capital, under the Constitution, is at the disposal of Its proprietors and the Government has no' ftal power to apportion It sec-viciifilly or industrially. have advanced since 1920 recording to the price trend of 50 stocks from between 80 end 90 points to a present average -ol. less than 240.

So the stock in th3 last eight years Is considerably less than the Increase in general income. "Had the Federal Reserve Board lived up to Its own disclaimer of Feb. 23. 1929, that 'It disclaimed both the authority and desire to set itself up as an arbiter of security speculations or Industry and as-riculture. as well as the Federal Reserve Board itself, would be more secure.

Its whole course of dealing with the investment situation has been fraught vith destruction, accomplishing no benefit. A great many American investors have been dfnied the right of owners to profits by the arbitrary action or the board. It has not succeeded In bein; a stabilizing force, even in its own -ti- area. The fluctuation from 8 percent to 25 percent interest charges is not proof of tys.ematized credit conditions. "The Stock Txchange has served thf 'ejDun'ry cflciently.

It Is the -rrerve of the country's firiarices. Thers is a isychological element contrltuting to investment activities. The Government is within Its province to furnish facts to investors, but the Government has td answer if by Injudicious circulation opinions It affects the business security c' the country. "Those who che Government's stepping into the Stock Ex-Srtanje propose that the Government, shall enter Into all business. This "is not the theory of our democracy and it is far from being a dogma of the present dominant political jarty." AMY wiSciDES taweo finer Federal Commissioner Amy Wren today handed down her decision in (he lrst Jones Act case defended by the Brooklyn Lawyers' Committee headed by inner Magistrate Joseph Goldstein.

Bht heard the evidence Friday. Her decision held the case for trial before one of the federal judge The defendant is James McGuire, 47, of 541 Van Buren charged witi possessing and transporting four quarts of whisky and one of gin." He was arrested at I :30 am. of. 23, at Broadway and Patchen as he carried the al-legeed liquor home in a grip. ROOT, HOME, SEES COURT ISSUES MET who had been in GtntTft attending the International Commission of Jurists in an effort toe arrange an adhesion of th United States to the World Court, returned today on the French liner lis da He issued a statement which the Inference is that the issues raised by the Senate as to entrance of the United States into the World Court are removed.

Mr. Root was met at the pier by his son, Ellhu Root and many friencf and left at once for his apartniint at 893 5th Jury Expected to Get Case This Afternoon Summing Up Is Ordered. Queens County Courthouse, Long Ir.land City, April 17 Half an hour after Assistant District Attorney Froesscl completed presentation of the people's case against Angclu Palno, wealthy Queens sewer contractor charged with aldlni and abettlns the offer of a $10,000 bribe to Boro President George Harvey, of Queens, at New Mllford on Nov. 11, 1028, Robert S. Johnstone, counsel for Palno, announced that the defense rested, without offering the testimony of a single wltnes.

After the people rested, Johnstone made a number of motions to dismiss and strike out various portions of the testimony offired by the prosecution. Judge Adel, after denying all the motions, told the attorneys to prepare to sum up at once. It Is expected that the Jury will get the ca3! this afternoon. The prosecution had closed Its case an hour after the trial got under way again, only two witnesses testifying. Shepperd Olueroft, treasurer of Geltz real estate brokers, of 162-10 Jamaica Jamaica, testified that his firm leased to Palno.

for the use of the Demo cratic League of Kew Oardens, four rooms at 02-15 Union Hall Jamaica. Mever Guthorn of 114-15 I07tli Richmond Hill, Queens, former mekeerjer in Paino Federal con crete Pipe Company, at Sprlnfeld and Rockaway lonowea uiu-croft. He explained that he was treasurer of the Democratic League until the last campaign started, when Palno took over the post. He listed Palno as treasurer and Levin as executive member of the club on the letterheads. He said that In November and December, 1921.

Palno contributed two sums of $500 each to aid the campaign. Frank H. Berg and Al Levin were convicted about a month ago of having offered the bribe In question. Johnstone began summing up at 11:30 a.m., and talked until 12.53 p.m. In his address to the Jury bitterly attacked the credibility of Boro President Harvey's testimony, and asserted that Harvey concocted his story "to get Berg before Ber? not him." As a result of the Berj-Harvey feud, he said, Palno was an Innocent victim of circumstances.

BABE AND CLAIRE WED AT 5:55 A.M.; CROWD IS FOOLED Continued From Pate 1. on this statement, however, got left this morning. There were about 'sixty persons Inside the church for the low mass, most of them regular worshippers of the parish, when Babe and Claire arrived in a limousine driven by Henry C. Penney of Chicago, a Iriend of the ball player. In the ame car were the best man and matron of honor, Mr.

and Mrs. George H. Lovell of Scarsdale Also In the wedding party were Mr. and Mrs. Irving Rosenzweig, Mrs.

C. L. Merritt. mother of the bride, and H. L.

Merritt, brother of the bride Durinr the mass, et which the Rev. Father William F. Hughes officiated, about 50 more persons entered the church, and when the bridal party emerged, after poslm for the photographers lucky enough to arrive ahead of the announced time, there were about 200 basebail fans rnd workers cn their way to their Jobs waiting the drizzle for a sight of Ruth. Honeymoon on Diamond. "I I'll spend my honeymoon on the field," said Ruth, referring to the game this, afternoon.

No wedding trip is planned. Ruth, who was raised in a Catholic orphan asylum in Baltimore, has George Herman as his first names, but is never called by either of them. His first wife, Helen Woodford Ruth, died in a fire in the home of Dr. Edward H. Kinder in Wateri town, three months ago They had been living apart for three years.

Frank Hodgson, Mrc. Hodgson's first husband, is also dead. Judging by the broad grins, two of the happiest persons at, the ceremony this morning were John Shaughnessey and James Momahon, the two altar boys who assisted at the mass. They have been promised autographed baseballs. None of the Yankee team was there, but Christy Walsh attended the mass and drove with the wedding party to 345 W.

88th thi bride's home, for the wedding breakfast. The Ruths ai.d the Lovells pesed for photographs with Father Hughes in front of the altar and the boom of flashlights resounded loudly from the low Ruth later capitulated to the importunities of reporters, "Why was tl marriage planned so early?" he was asked, "That's hard to answer," said Ruth. "Did you stay un all night?" "No; I got a good night's rest. I got up at 4:30." "Will there t- party?" "Parties are off now." Mrs. Ruth was asked whether there would bj a honeymoon.

"No," she said. "We are going to play ball all summer and win a pennant." ever get into difficulties of any sort, the Judges you understand? Suppose we send one of our men over to see you. and" you can arrange then 'as, to Just how much space you want," Mr. Rubin, unfortunately, had heard of the "Judges' Yearbook" racket and he suggested that he'd prefer to call "Jud're Leonard" back. "Where can I telephone him?" he asked.

Without answering, the caller hung up. Thus it appears that the yearbook racket, which was investigated six pr eight months ago, is again operating In Brooklyn, and any one who wants to buy a promise of pull with the judges may do so for a mre $15 and up of advertising in the "Judges' Yearbook." And? Oh, yes of course the promise won't be kept. LA GUARDIA FAILS' TO OFFER PROOF OF WINSLOW FARE FEE EacU Dirtti, ColormU Balldlnc. Washington, April 17 After making the specific charge In his reso lution of April 15 that Federal Judge Francis H. winslow ol New Yor had accepted "Improper and unlaw ful considerations" for having signed the Injunction on Feb.

17, 1928, which transferred from th State to the Federal courts trie In- terboro's litigation In an attempt to establish a seven-cent fare. Repre sentative La Guardla of New completely failed today to product proaf that any such consideration? had passed. La Guardla said to an Eagle rep resentative today that because of the way his Impeachment resolution was worded Judge Winslow would nave to go on the stand and answer Questions about whether he received "improper and unlawful considera tions." He added: "As the case rests now, everything Is unsettled. There Is no guilt fixed on anyone, and the public has a decided interest in settling the whole affair. For that reason, the investigation should continue to a conclusion In order that Judge Winslow.

If found guilty, may be punished." La Guardla said that he was attending to his business as a Repre sentative from New York, and that if a crime bad been committed it was up to District Attorney Charles H. Tuttle of New York to establish the crime. As nobody except La Quardla had directly charged that "improper and unlawful considerations" had influenced Judge Winslow, who has since resigned rather than face lm-peachment proceedings in connection with bankruptcy cases, District Attorney Tuttle has nothing to go on. He couia do notmng except start a fishlni expedition through a grand Jury for evidence which La Guardla's resolution Implied did exist, but which La Guardla. does not offer.

La Guardia has refused to appear before a Federal Grand Jury. Tuttle wrote a letter yesterday to La Guardla offering to investigate a criminal charge, but La Guardia has sidestepped, and the direct charge has thus been a flash in the pan. GUINAN CLUB'S GAYETY HALTED: COPS FIND LIQUOR Continued From Page 1. first entertainment started. Then they called for the manager.

Karl Doplta. an assistant, responded and they demanded his cabaret license. He said he had none. He was served with a summons returnable in West Side Court Xa- day and the detectives ordered all music and entertainment stopped. Tnen, to be sure it was stopped, they called in Patrolman Fradv.

uni formed man from the West 47th st, station, and left him there. The managers made a halting ex planation to a subdued roomful of guests. The guests began to trickle cut, but pretty soon there was more excitement. Detectives Mitchell, Haake, Fallon, Connors and McMa-hon, who make up the "dude squad" they operate in Tuxedos strolled In and got a table. Pretty soon Sergeant Kenneally, their commander, Joined them and that was a signal for them all to march toward the kitchen.

In the march, they say, tossed a bottle of liquor under a table. Frank Pasaro of 17 W. 43d st. and Robert Ronan of 243 W. 100th both Manhattan, were promptly arrested, charged with possession.

This was no bunt tor liquor, nowever. All the employees of the club were herded into the kitchen and told to produce their certificates to handle food. Maltlers Spieglitz of 9011 186th Hollls, who has the restaurant concession, had no certificate. Chang Poo, a cook, and Alvara Alcarez, William Rosenberg, William Foster and Hoyt Raleigh, all waiters, could produce no certificate. They were given summonses and the police went away.

By that time the' soalled merry' makers had got tired of looking at themselves. Thev booed and hissed the police a little and then went away. The club was virtually ciosea because of no business when curfew rang at 3 o'clock and Commissioner Whalen had won a sweeping victory In his first skirmish. Incidentally. Inspector Loouam, who was out looking the clubs over early today, reported every one closed at 3 o'clock as per Instruc tions from the Police Department.

Police in Harlem, Greenwich Village and Brooklyn reported the same thing. "The father of Ave children has little opportunity to enjoy life," the police said he Informed out of the depths of his own experience and in the ordinary course of events never would. Agres had been steadily employed by the same concern for 21 years. About two years ago he decided he had enough of this that he'd get his enjoyment of life, children or no children. The money for this he is accused of having acquired by the simole process of making out checks for sums ranging between $400 and $500 and tearing out tha stub or marking the stub for a much smaller amount.

judges' Yearbook" Racket Is RevivedBeware of It Embezzled $30,500 Because 'Father of5ShouldEnjoyLife' Herman Rubin of the firm of Jacob Rubin Son, wholesale glass distributors, answered a telephone call In his office at 1380 Metropolitan ave. today without suspecting that the telephone was Just about as good as the knock of Opportunity. In a moment, however, the matter was made clear to him. "Mr. Rubin?" asked the caller.

"I am from Judge Leonard's office. We are getting up the Judges' Yearboc-: surely you've heard of the Judges' Yearbook? Yes. Well, your name has been recommended to us as that of a man who would be interested in advertising with us. Naturally, a man of your Intelligence can under-s'and the value of coming In with tis. You can see how, if you should Philip Agres, under arrest for the theft of $30,500 from the brokerage firm by which he was employed as rashieh had an intriguing explana tion, the police declared, for his defalcations.

Agres Uvea at 103 4th pi. and was cashier for Edgar Williams Co. of 20 Broad Manhattan. He Is 47 and the father of five children. When he was arrested late yesterday he told the police, they said later, that the missing money was sriAnf uninvinff t.h nicrht life of Broadwev becflttse he was the fa ther of flvs children..