Omaha daily bee. (Omaha [Neb.]) 187?-1922, August 26, 1921, Image 1
The Omaha Daily Bee VOL. 51 NO. 60. latmi h Swraf.CltM Nitttr Mm It. IIM. at 0M p. 0. Uaaw Ail l Mink I. 17. OMAHA, FRIDAY, AUGUST 26, 1921. By (I nr). Dally tuMtr. I7.0i Oilly !. IS; Sanity. 12-Mi It talaM It UalU Ut.t. Gttttft tt Mole. THREE CENTS Mine Battle Raging In Coal Fields Boone County W. Va., Sheriff With 300 Deputies Fight ing Large Body of Armed Men at Blair. j Residents Flee Town Charleston. W. Va., Aug. 25. H. W. B. Mullins, prosecuting attorney of Boone county, located at Madison, reported this evening that Sheriff Don Chafin of Logan county, with 300 armed deputies, is now engaged in battle with a large body of armed men at Blair, in Logan county. Blair is near , the Boone county line. Mullins said that "authentic reports" he has received are to the effect that residents of Blair, includ ing old men, women and children, are fleeing the town in the direction of Madison. Mullins said "a large group of heavily-armed men" had reached Rock creek, three miles from Mad ison, this evening. He said he could! not estimate the number. ' Blair is said to be one of the few mining towns in the Logan field or ganized by the Untted Mine W orkers of America. The president of the local union at Blair was in Charles ton early this week.' and according to C. r. Keeney, district president of the miners, reported that the men there were "prepared for trouble" and had "dug trenches to protect themselves from possible attack in the hills surrounding the town." Say Fighting "Local." ' The town is located about 10 miles from Logan and "trouble has been reported from there frequently of late," Keeney added. Officers of the United Mine Workers here de scribed the fighting at Blair, as "local" and "not connected with the Marmet situation or including men from Marmet camp." A man who said he was Sheriff Don Chafiu answered the telephone in the office of the Logan county sheriff tonight. "What is the situation in Logan county?" he was asked. "We are not giving out any infor mation," was his reply. Asked whether there was fighting gong on at Blair, he said: " "I cannot-say anything about it;" as he hung up the .receiver. Phone Wires Cut. Pittsburgh, Aug. 25. Sheriff J. L. Hill of Boone county told The Associated Press over the long dis tance telephone that all wires be tween Madison and Blair had been cut and; that he was without infor mation concerning, a reported; u- Western Roads Oppose Reduction on Hay and Grain Freight Rates Washington. Aug. 25.-Rcductions in freight rates on grain and hay asked by the western states, would result in an annual loss to the west ern roads of $63,700,000 and would reduce their return on capital in vested to 1.67 per cent, L. E. Wctt ling. manager of the bureau of sta tistics for western carriers, testified before the Interstate Commc rce mi mission. Earnings of western earners on freight traffic for the current year will amount to only $143,887,000, the witness estimated. v. He testified that even in the lace of wage cuts made by the railroad labor board, effective July 1, the re ductions asked would be disastrous to the carriers. I. W. W. Organiser Arrested As SUer of Ex-Soldier Pierre, S. D., Aug. 25. Deputy State Sheriff N. J. Folsom late Wed nesday notified State Sheriff Shanks at Pierre, that he had taken the murderer of W. D. Henderson, an ex-service men shot at Wolsey, S. D., Julv 15, into custody at Devils Lak. N. D.. and was bringing him 'AMnrnn No further information wa contained in the message beyond the fact that the man captured was an I. W. W. organizer. Masked Bandits Hold Up Mail Car of Texas Train Denison, Tex.. Aug. 25. Sheriffs posses were scouring the surrounding country in a search for two masked bandits who early Thursday morning robbed the mail coach of a Missouri, Kansas and Texas limited as it was entering this city. Although no com- authorities intimated that the robbers' loot may reach a half million dollars. One suspect who was driving an automobile believed to have been used by the bandits, was arrested. Illinois Man Confesses To Murder of Wife in June Granite City. III., Aug. 25. Arthur Dorman confessed, Police I hief Clark said, .that the body of the woman found murdered and buried in a crude grave in a wheat field near here June 16, was that of his wife, Nora, and that he had murdered her. He said she had been "extravagant" with his meager salary, "had gone out with other men," and had allowed him and his son. John, only $1 a week apiece spending money. Steamer Adrift at Sea Portland. Ore.. Ausr. 25. The Mrfiin ImnAPttf nieMM 91 sf south of the mouth of the Colum bia river, has been helplessly drift ing since August 19, with her engine room flooded and wireless out of commission, according to a wire less message to the navy radio sta tion at North Head relayed to The Associated Fress, . Mexican Bandit Chief Executed by Rurales El Paso, Tex., Aug. 25. Mexican rurales have executed Domingo Domingues, alleged bandit leader, and another alleged bandit, and are pursuing members of a band who are said to have killed Bennet Boyd, 18. of El Paso, on the- Ojitas ranch, Chihuahua, and Sterenson Bunk, storekeeper, in a raid last week, according to word reaching here. This information was brought by travelers from the vicinity of the Ojitas ranch, who made a report of the killings to O. P. Brown, former bishop of the Mormon church in Chihuahua. The rurales or rural police, have driven the band near the American boundary and United States offi-. cials have been asked to watch for the bandits. Stockholders of N.-S.-F. Firm Insists Stock Not Be Sold Say Fowler Family Should Not Be Allowed lo Sell Shares Unless Same Priv ilige Granted Others. Fremont; Neb., Aug. 25. (Special Telegram.) Thirty Fremont stock holders of the Nye-Scbneider-Fow- Icr company held a meetinar to con sider the organization plan sent out from Chicago by a stockholders' protective committee. Creditor banks havp sinirpd the aid of Julius Barnes in the reorgan- lzauun. ne is 10 nc piacea at tne head of the company and given an option on 55 jer cent of the stock to assure him ot complete control. The option provides that he may purchase the stock before August. 1922, for $40 a share, and have five years to exercise such option at 5 per cent annual compound interest based on the $40 a share. Price of the stock is subject to such modification as may be revealed by an appraisal as ot August l, lyjl, of the properties to be. made by Vice .President van Vechton of the Continental and Com mercial National bank of Chicago, in no case to exceed $60. The reorganization plan provides that Frank Fowler and members of his family deposit their entire hold ings and then additional stock will be put into Mr. Barnes' hands through certificates issued through the depository banks at Chicago to make 55 per cent of the stock out standing. At least 12 per cent more must be deposited with the Chicago stockholders' committee, to give the latter two-thirds for absolute control.- , .. ; .. ... Stockholders have received no statements to the condition "of the company They are ignorant as to whether the valuation of stock as set out by the protective committee coincides with the values shown in the inventory made by the firm. The attending stockholders are eager for the company to continue in busi ness and stated that they merely wanted to take steps for the good of all concerned. W. J. Court right, local attorney, " is attend ing a meetirig in ' .Chicago today looking after local interests. ' Stockholders adopted a set of resolutions in, line with the results and decisions formed at the con ference in referring to Mr. Fowler, former president of the N. S. F. company. The resolutions state, "We insist that Mr. Fowlef . and family, as holders of the largest sin gle amount of stock, do not sell the same unless the rest of us have the same privilege. And we, as between ourselves, should none of us sell un til we get a report from the execu tive committee on a basis that we. can all sell if we wish." Noted American Inventor, And Scientist Dies in Paris Paris. Aug. 25. (By The Asso ciated Press.) Peter Cooper Hewitt, American scientist and electrical in ventor, died in the American hospital here tonight. Mrs. Hewitt and his two sisters were at his bedside. Charley Chaplin to Visit Old Home; to Be Cone 3 Months Los Angeles, Aug--25. Charles Chaplin, film comedian, left Los Angeles today for New York City from where he plans to sail for Eng land, his native land. World's Greatest Detective Cases Giuseppe Ristori was the , son of an Italian fisherman, but he early showed abilities above the average and became one of the secret police of Italy. The story of his rise is filled with hairbreadth escapes from death and dangerous clashes with the worst of the criminal gangs of Italy. One of the most thrilling incidents of his career forms the plot of "The Fisher man's Son" It is another of the seric3, The World's Greatest De tective Cases," and one of the best. What Ristori, son of a peasant, accomplished in this case, makes plain his success in attaining the position of one of the most famous and most feared detectives in Italy. The story of Ristori, written by Nazariene Daan Kannibelle. crime investigator, is one of the features of Next Sunday's Bee Receiver Is Named For W.A.N. Mill Liabilities of Largest Floor ing Mill in State Will Run Close to $1,000,000. Omaha Firm in Charge With liabilities of close to $1,000, 000 the Welis-Abbott-Neiman Milling company of Schuyler, Neb., largest of its kind in the state, went into the hands of a receiver yesterday. Federal Judge Woodrough named the Peters irust company to act in that capacity. C. J. Claassen will serve for the trust company, which put up a $a0,000 bond. Bankruptcy proceedings were start ed in federal court yesterday by Carl Modesitt, holder of $15,000 stock. Lost Huge Sum. The company lost the huge sum of $688,612.15 between July 11. 1920. and July 2, 1921, he states in his petition. Depreciation of company property will bring the total loss up to $I,UU0,UU0, he says. total liabilities ot the company are listed at $888,015.28. There is $806,705.83 owed to banks in New York, Illinois and Nebraska, of which $575,000 is totally unsecured and $231,705.83 is secured by drafts for merchandise in transit. More debts and taxes, amounting to $82,309.45 raise the liabilities to the $888,015.28 figure. While expressing the belief that the company, with increased capital, could be run so as to be advantage ously sold, the petition requests the judge to take such action as is re quired to close up the company's affairs. Want Assets Sold. "The assets should be sold and converted into cash to pay debts and capital stock liabilities on several .is sues of preferred stock," the petition reads. Eastern hanks are said to have de clined to furnish the capital needed to effect reorganization and keep the company from going under. the company is said, in the pe tition, to have disregarded its con tract to preferred stockholders in failing to maintain a redemption fund for the purchase of outstanding bonds. The deficit in this fund is $12,500. I he capital stock of the company is given as $1,500,000. There is out standing: S464,900 in common and $475,000 in preferred stock. Trading in Futures Not Affected by New Grain Control Bill Chicago, Aug. 23. Signing of the Capper-Tincher grain marketing law by President Harding brought flood of inquiries to gram ex changes as to whether contracts for future delivery must be closed out before the measure becomes effec tive. "The new law," said Secretary John R. Mauff of the Chicago Board of Trade, "recognizes the legality of futures trading. It provides reg ulations for grain exchanges under a commission composed of the sec retary of .agriculture, secretary of commerce and the attorney general of the United States. It provides that co-operative bodies that be come members of exchanges must assume the same financial responsi bilities as other, members. Neither the ,tax nor the penalties of the law are to be imposed until after four months. "It is unfortunate that critics of the exchanges have spread reports that the new law is to eliminate futures trading. The economic value of contracts for future delivery has been recognized in this law." American Oil Men Start for Mexico New York, Aug. 25. A delega tion of prominent; American oil men left here Wednesday, on a special train for Mexico City, where they will confer with officials of the Mexican government on differences arising from taxes on oil export. The delegation was made up of Walter C. Teagle, president of the Standard Oil company of New Jer sey; J. W. Vandyke of the Atlantic Refining company; Amos L. Beatty of the Texas company, and H. F. Sinclair of the Sinclair Consolidated company. , Edward L. Doheny. the fifth member of the delegation, who is now in. Los. Angeles, plans to join the party later in the week. Railroad Unions Unable To Agree on Strike Ballot Cleveland, Aug. 25 After two days of conference in an effort to prepare a joint strike ballot to the 409,000 members of the five big rail- ! road transportation labor organiza tions, the chief executives, executive committee, members and assistant grand officers of the engineers, fire men, trainmen, conductors and switchman were unable to agree on the wording of the ballot and the Brotherhood of Railroad Trainmen decided to prepare a separate bal lot, the other four organizations agreeing on one ballot. The ballots, it was understood, will be mailed to the members next week and a referendum vote completed about October" 1. Costa Rica Carrying Out Occupation of Territory San Jose, Aug. 25. Occupation of Coto, near, the Panama frontier, is being carried out rapidly by the Costa Rican government in pursu- ance of the Loubet-While award Now Pursuing Q uiet Life, in Paris Chicago Tribune table, Capjrlfht, 1921. Paris. Aug. 25. It is the quiet life for Peggy Hopkins Joyce this til"' Q1i ic livSnor in an vnfMliv i in the Hotel Majestic, near L.toiie, Willi a mam. ane rises v nnnn liuirlip iisuallv at the RitS motors in the Bois de Bolougne duri ing the afternoon and frequently dines at the Cafe do Paris. In the evening she attends the theater. Pceev refuses to see anyone ex cept a mysterious stoop-shouldered young man known as M. De Mcrion, a banker. Weak Girder Is Blamed for Wreck Of Big Dirigible Gondolas Under Airship Be come Death Trap for Mem bers of Crew Following Explosion. By Tha Annotated Tress. Howden, England, Aug. 25. The cause of the disaster to tlie tx.-, ac cording to the best information oh tainahle here, the base of the destroy dinVible. was the breaking of a longitudinal girder amidship, made of an aluminum alloy, cutting trie air shin in halves. An explosion of either hydrogen or petrol occurred immediately after the girder gave way and flames burst through the structure, fcut the explosion, it is de clared, was not the cause of the breaking up of the airship. The break occurred in the part of the airship where a girder was strained when it was first brought to Howden. The girder had been re inforced, however, and the ship found to be perfectly air worthy, it was said. None of the authorities here, it was said, would venture any opinion regarding the cause of the break. To Hold Public Funeral London, Aug. 25. The American and British victims of 'the disaster to the ZR-2 at Hull last evening will be accorded a great public fun eral, probably in London, it is con sidered certain. The air ministry to day had the project under advise ment and an announcement regard ing it was expected at any time. Meanwhile, all Encrland. orofound- Iy stirred by the destruction ot the giant dirigible the greatest of all air disasters is giving expression to Americans Had No Authority on ZR-2, Declares Admiralty Hull, Aug. 25. It was- learned today that the admiralty had not authorized the American airmen to accompany the ZR-2 on its fatal trip. Air Commodore Mait land took the responsibility in his own hands. He invited the Amer ican officers and crew to take up positions throughout the ship, where they were assigned under American control in order to give the future navigators the greatest possible opportunity for obtain ing experience. its deeo feeline of mournine for the victms and sympathy for those be- rcaved. In London the atmosphere (Tura to Fate Two. Colnmn Fire.) Bodies of War Heroes Saved as Fire Burns Hoboken Army Piers Hobokcn, N. J., Aug.- 24. Five hundred bodies of American soldier dead, awaiting shipment to the homes of relatives, were removed to safety when fire of unknown origin swept over the army water front reservation here, destroying piers five and six, and an adjoining army storehouse and barracks. Pier four, at which the giant liner Leviathan and the transport Whea ton were docked, was saved with difficulty. The flames licked the sides of the Leviathan, damaging a small section of the woodwork on the bow, and the forward mast, but a fire boat wedged its way between the liner and the burning pier and successfully fought off the flames. When the fire broke out Capt H. S. Wilbur, officer of the day, called out the entire army personnel, about 1j0 men, who started removing the bodies. Four hundred longshore men, on duty at nearby piers, as sisted. Minneapolis Tramway Granted Increase in Fares St. Paul, Aug. 25. The state rail road and warehouse commission granted the application of the Min neapolis Street Railway company for a 7-cent cash fare, or four tick ets for 25 cents, effective September 1. The present fare is 6 cents straight. The new rate is temporary and will remain in force until the com mission has had an opportunity to determine a "fair" valuation of the company's . property on which to make the basis for a permanent fare. A FULL page of photographs of scenes at Camp Brewster, where Omaha Y. W. C. A. girls frolic in summer, is a feature of The Bee rotogravure section for next Sunday. Swimming classes, enjoying in struction in the camp pool, and other camp activities are repre sented. There's an interior view of the mess hall at chow time and photos of the "huts" which accom modate many of the camp visitors, are included. It id a page that will especially interest Y. W. C. A. members and their families and friends. Peggy i At Last - ' ' "T . fticAl Germans Sign Peace Pact With United States State of War Formally Brought, to End With Ger many in Berlin at 5 tSrt O'Clock. ' Befliff," Atii. 25,-tBy'The Asso. ciated Press.) The" treaty of peace between Germany and the United States was signed here at 5:30 o'clock jthis evening. The delay in signing, which was scheduled for Wednesday, resulted from an unexpected technical point raised in connection with the for malities as arranged by Ellis Loring Dresel, the United States commis sioner, and Dr. Friedrich Rosen, the German foreign minister, yesterday. , Signing Postponed. The ceremony of signing was to have occurred at noon Wednesday at the foreign office, but it was post poned at the request of Mr. Dresel, who asked the privilege of query in? the Washington government on the mooted point. At both the headquarters of the American commission and the Ger man foreign office it was said that the. technicality which involved the delay did not affect the contents or character of the treaty, as both gov ernments reached . a full accord on the official text some days ago. Conference Postponed. German editors had been sum moned to the foreign office Wednes day for a discussion of the treaty, but the conference was postponed pending receipt by Commisslcnjr Dresel of a reply from Washington. Although the point which was re ferred to Washington is said to be of minor technical importance, Com missioner Dresel preferred to obtain a ruling upon it from the American State department. , The signing occurred in the office of Foreign Minister Rosen in the Wilhelmstrasse. The ' function oc cupied about 10 minutes. Ellis Lor ring Dresel, the American commis sioner who was seated opposite the foreign minister at the latter's desk, signed both copies of the treaty first and then pushed the document across the desk to Herr Rosen, whe affixed his own signature. Contains Three Articles. The German foreign minister, in signing, expressed , gratification at this act for the resumption of friend-! ly relations between the two nations, Mr. Dresel replying with reciprocal sentiments. -The treaty . consists of three ar ticles, the preamble citing sections 2 and 5 of the Porter-Knox peace resulution. -Article l says: "Germany has undertaken to ac cord to the United States and the United States shall have and enjoy, all the rights, privileges, indemni ties, reparations oY advantages speci fied in the aforesaid joint resolution of the congress of the United States of July 2, 1921. including all the rights and advantages stipulated for the benefit of the United States in the treaty of Versailles which the Unt;ed States thall jully eijoy, not withstanding the fact that such treaty has not been ratified by the United States." Disastrous Fire Reported . To Be Raging in Moscow London, Aug. 25. Fire started in the most thickly .populated part of Moscow several days ago and still is burning, it is asserted by the Hel singfors correspondent . oi . the Central' News. Several hundred houses have been dcstro'r;d. the 1 correspondent says. Women Badlv Hurt In Auto Accident Driver of Machine Disappears After Bringing One of Pas sengers to Auhurn. Auburn, Neb., Aug. 25. (Special Telegram.) Two ' women were seriously injured when an automo bile driven by an '-unidentified wan turned turtle on the,. highwayy 4wo and one-half miles east of Stella. Mrs. Abie Ahart, Dow City, la., sustained a deep gash extending the entire length of her face and up into the scalp. The flesh was cut to the bone and part of the lip was severed. Two hours were required by a physician at the Auburn hospital, where the woman was taken follow ing the accident, to stitch the flesh together. . The other woman, whose name has' not been learned, sustained several broken ribs and severe bruises. The driver ; disappeared after tak ing Mrs. Ahart to the hospital. Ac cording to Mrs. Ahart, the car in which they were riding was almost run down by. another machine as they turned onto the main highway atan intersection.. To avoid a col lision their driver swerved to one side and the machine crashed into the ditch, turning turtle and then righting itself. . The second car did not stop. . The driver of the car in which the two women were riding was uninjured, according to Mrs. Ahart, who claims ignorance of his identity. . Thirty Persons Led From Burning Tenement Over Ironing Board New York, Aug. 25. Thirty per sons, trapped on the fifth floor of a burning tenement house, were pilot ed to safety over an ironing board, six inches wid at one end and nine inches at the other, which was held on the edge of two roofs, while the endangered people, among them a woman 70 years old, crawled across. Meanwhile from below and ad joining windows, firemen sent up two walls of water to keep the res cued and rescuers from choking with smoke, and to keep the flames trom destroying their precarious bridge. After it was thouglt every body had been taken over the roofs, it was found that one woman was missing. riremen round her uncon scious on the floor o her bedroom and carried her over the ironing board to safety. Fire did compara tively little, damage-.. Iowa Student Dies While . On Vacation in Colorado Denver," Aug. 25. Lowell Barry. 26, Clarinda. Ia., a student of the University of Chicago, died here fol lowing an operation for appendicitis which struck him suddenly at the Estabrook ranch, near Wellington, Colo., where he was spending his vacation. Barry was rushed to a Denver hospital on an early morning triin, but physicians were unable to save Ins lite, carry was said to have been a leader in athletics at the University of Chicago, which he attended for the last two years. Alschuler in Kansas City To Hear Packers Wage Case Kansas City, Aug. 25. Judge Samuel Alschuler of Chicago, federal arbitrator for -packing house em ployes and their employers, is here to hear complaints of packing house workers in Kansas City, Kan., Den ver, Omaha. Oklahoma City., St. foseph and Sioux City, Navy Men Hope Disaster Won't Hurt Blimp Work Although Deprecating Catas trophc, Officials Plan to Continue Experiments If Congress Willing. Washington, Aug. 6. Despite- the loss of the ZR-2 before actually becoming naval property, officers of the naval bureau of aeronautics con fidently hope the navy will be per mitted to continue its rigid airship program. They point out that Amer ica already has a gigantic hangar at Lakehurst, N. J., completed at a cost of $2,000,000 and capable of housing two ships of the size of the ZR-2, as weil as. other complete fa cilities. Although appropriations were stopped before the ZR-1, was com pleted most of the necessary struc tural material is already manufac tured and awaiting assembly, much of the envelope has been fabricated and nearly " all the material for its completion purchased at a cost of about $1,000,000. Much Helium Stored. For months the naval gas extract ing plant at .Fort Worth, Tex., has been storing helium gas and suffi cient gas of this type has been as sured to fill the envelope of a ship as large as the lost ZR-2. Plans for the ZR-1 call for an air ship of slightly smaller size than the ZK-2, a length of 670 feet, diameter about 80 feet, and gas capacity of approximately 2,200,000 cubic feet. The total cost is estimated at $2,500. 000. While designers of the ZR-2 departed somewhat" from the struc tural lines ' of the Zeppelins, the naval designers said their plans for a ship incorporating the latest de velopments of the original rigid builders, the Germans, of whose plans more than 100 were filed here for reference. Build Own Ships. . The reports that the ZR-2 fell in two pieces tended to cause belief in naval circles that structural failures were the prime cause of the disaster, brought about perhaps by too sudden a strain on some weak part. .. It is not. thought that the navy will endeavor to purchase from England any of its remaining rigid crrships, but that construction in America will be undertaken if others are authorized. Italian Commander and Chauffeur Held as Speeders Santa Barbara, Cal., Aug. 25. The drivers of four automobiles carrying General Pietro Badogilo, commandei ot the talian army, and his party from San Francisco to Los Angcics were arrested for speeding at Santa Maria, near here today. The drivers were ordered to appear in court in 10 days. Members of the party said they were hurrying in response to word that a crowd was waiting to greet the generalMn Santa Barbara. The Weather - z . Forecast. Nebraska Generally fair Friday and Saturday; slightly cooler Friday. Iowa Showers Friday; cooler in northwest portion; Saturday prob ably fair. Hourly Temperatures. 5 a. m... m . . . 7 a. m . . . S a. m... m... I a. m . . . II a. m... 11 sooa. ... H ....: ....". ....? ....ti ....si .,..s .....88 1 p. m S p. m S p. m 4 p. m 5 p. m p. m ..... . 1 p. m 8 p. m . ..ft . .. . .. . .. ...9.1 ...'! . ..K7 ...83 Neal Trial Is Marked By Frivolity Lapses of Decorum and Mark, ed Sympathy for Woman Defendant Features Murder Case. Resume Hearing Today . i Auburn, Neb., Aug. 25. (Special Telegram.) Frequent gales of laughter, curious for a nuirdci hear ing, and lapses of decorum, in which marked sympathy for Mrs. Lucy Neal, defendant, was evidenced characterized the inquiry into the death ofhcr husband, Ben Neal, the r.ight of August 11. Even Mrs. Neal, charged with first degree murder, and her daJghter. Aye. 16, only other inhabitant of the house when, the fatal shots wera fired, joined in the peals of laugh ter. - , Testimony of Joel Turner, neigh bor of the Neals, and the naivete of Mrs. Charles Buck, to whose home the women fled after the shooting, occasioned the amusement, ' Hearing Resumed Today. The hearing will be resumed at 9 this morning. Whether Mrs. Neal's nightgown was stained with' blood when she turned in the alarm was the import ant issue of conflicting testimony by witnesses. Joel 1 timer said it was blood stained. . , Mrs. Buel and Miss Millie Web ber, school teacher at Auburn, and Joe Wright, Mrs. Neat's brother-in-law, testified it was not. A legal battle ensued when attor ney for the (defense asked County Attorney Armstrong to produc? the gown worn by Mrs. Neal. The prosecution objected, stating three days' notice must be given. Attorney Hawxby, for the defense, contended he wa? willing to stay the hearing three days in order to pro duce the garment. Order Gown Produced. Justice Eustis, presiding, put an end to the controversy by the iol lowing order: "If I have the right, I order that gown produced." Joel Turner, first on the stand, testified he knew Neal for four years and knew him to be nght-hanaen. He said he examined Neal's wound in the neck several times after Dr. Vance, the doctor, had called his at tention to the fact. The first time he saw a black mark about the wound, but stated he did, not think it to be powder. His examination was bv lamn and flashlight. "The neck of the dead man was close to the floor, and had what looked like clotted blood around it. No blood was oozing out of the wound, but out of one nostril. Gets Big. Laugh. Witness testified he had heard Mrs. , Neal testify at the inquest "she broke and run." . This caused an outburst of laugh ter in the court room in which Mrs. Neal and Ava joined. Turner stated that Neal's head was lying in the door and that his body blocked it he heard Mrs. Neal testify that her husband was lying in bed when she was awakened by the shot fired, and ran. In answer to the query whether Mrs. Neal could have passed around the body without jumping over it, his reply was: "I don t know how last she is a foot." whereuoon a second gale of laughter swept the' court room, the f.i. Tsl wnmaii inininff apam. When he testified to seems: blood . stains three inches long on the back of Mrs. Neal's kowii, he was -asked to describe the material and texture of the gown. Not Familiar With Gowns. I'm not familiar with handling them gowns, he replied, wnereupon tne courtroom rocked with laughter Miss Webber, the school teachei who soent several hours with Mrs. Neal the next day and assisted her, at 4 in the afternoon, to change the nightgown for some outer clothing, positively refuted this testimony. Charles Buck, first witness put on by the defense, said he too examined . the wound on Neal's neck. He said it looked like dark smoke around the wound but he never saw smoke burns on a person's face. After the wound was washed, there was still a dark streak around it, he said. He did not see blood stains on Mrs. Neal's gown. Buck denied that fscal was 'lying with his wound next to the floor. He said, positively, the dead man was lying on his right side. ' Heard Woman Scream. At the conclusion of Buck's testi mony, County Attorney Armstrong read from Mrs. Neal's testimony: "Can we keep this gown?" and her answer: "You can, so far as I am concerned." Buck's wife testified she was awak ened that night by sounds which she took to be horses breaking out of boards. Soon she heard women screaming and exclaimed: "Something's wrong up at Neal's. I heard the women screaming." She dressed hurridly but Mr. Buck was downstairs first. When the Neal women rushel in, she asked them what was the matter. They were in their underclothing and did not answer but kept wringing their hands and screaming. The women remained there until 4 the next afternoon, when some relatives came with dresses for them. Both women were in nightgowns and Mrs. Buck said she did not see the before mentioned bloodstains. ... Tell of Threats. Cross-examined by the prosecu tion, Mrs. Buck said she could not tell whether the noises she heard were gun shots or not. Asked if she had not said that Ava Neal had said to Mrs. Ezra Huston, (Turn to 1'aca Two, Colunyi Oa