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"All the News While It Is' News" The Oshawa Daily Reformer | @he Oshawa Daily Times Fay Evcort Sundoye and Publ Halideys OSHAWA, ONTARIO, FRIDAY, JANUARY 18, 1929 10 Cents a Week; 3 Cents a Copy. TWELVE PAGES VOL. 4--NO. 15 + Quash Conviction Appeal is Entered on Behalf of Mrs. Chappell Before Su L REGORD HIGHS ON CHICAGO MARKET CORN AND WHEAT Prices Sent Soaring By Re- ports of Increasing Drought in Argentina (By Canadian Press) Chicago, Ills., Jan, 18,--Reports of increasing drought damage tn the corn crop in the Argentine pushed all corn prices to new rec- ord highs today, Some deliveries of wheat and oats went also to above any level reached heretofore this season. Opening % to 1% higher, corn subsequently held near to the initial range, Wheat started at 3% to % to 5 advance, and afterward rose a little more. Oats followed other grains. Pro- yisions were easy. DEATH TOLL FROM TRAIN GOLLISION MOUNTS T0 FIVE Passenger Train and Freight 'Crash--Hundreds of Passen- gers Shaken Up (By Associated Press) Aberdeen, Md., Jan, 18.--Deaths from the collision yesterday of two passenger trains and a freight train near here mounted to five today. Leon Sweeting, engineer of the northbound passenger train died today while four other members of the train crews were killed in the crash. Hundreds of passengers on both trains were shaken up but were able to proceed on relief trains to alestinations, Double Collision Aberdeen, S.D., Jan. 18.--A double collision, involving two Pennsylvania railroad passenger trains and a freight train, killed four trainmen and seriously in- jured another, Conductors of the two passen- ger trains declared none of their passengers was seriously hurt, Passenger Train No. 412, bound from Washington for Philadelphia, struck the freight train, also north- pound, just after it pulled from a siding near Short Lane Station. near here, Freight cars toppled onto the southbound track in front of an express train, No. 121, from New York to Washington. , Killed in Crash K. A. Klein, bsakeman of the freight train, and V. W. Stewart, flagman, were killed in the first erash, and A. C. Terhune, engineer of the south-bound express train, and M. Goldstein, his fireman, were killed when their train ploughed into the wreckage. Bod- jes of the two from the freight erew and of the passenger fireman were removed and taken to an un- dertaker"s here. HAMILTON PLANT TO PRODUCE WINES Hamilton, Jan. 18.--Of interest to the grape growers of the Niag- ara Peninsula was the announce- ment made here by H. Robinson, of Montreal and Paris, France, that the H. Robinson Corporation would establish a plant here to manufacture high-grade wines to compete in the home market with the best wines exported from Eu- rope and Australia. By fortifying the juice of grapes grown #n this distreit it is believed that even champagne can be pro- dueed which will compare favorab- ly wth the best products of, France. The company, so Mr. Robinson announced, has takem over the premises of the D. Moore Com- -pay at Catharine and Robert Streets. Machinery will be in- stalled and the company expects to begin operations in April. Con- tracts for a large tonnage of Niag- ara-grown grapes have been made. Mr. Robinson will return to France jmmediately and there gather the nucleus of an' expert organiation to mome here. preme Court J Claims Trial Judge Erred in Admission and Rejection of Certain Evidence in Manslaughter Trial -- Oshawa Woman Sentenc- ed to Seven Years in the Penitentiary D. A, J, Swanson has formally entered his appeal on behalf of his client, Mrs. Nora Chappell, of this city, convicted of manslaughter, and sentenced to serve seven yeurs in the penitentiary, at Whitby, tot lowing trial before Mr, Justice Raney and a jury last November 21, 1928, Grounds For Appeal The appeal, which will go be- fore the Appellate Division of the Supreme Court of the Provinces of Ontario, against the conviction is based upon the following grounds: 1.--That the learned trial judge erred when during the course of the trial he ruled that a certain statement. alleged to have been made by cone Gertrude Irene Grose was a 'dying deciaration'" and ad- missabls as evidence, and did so admit it as evidauce, 2,--That the lenined trial judge erred when he failed tc instruct the jury that the evidence of Gert~ rude Irene Grose, as contained in her alleged dyinz. declaration nu. not heen corroborated in any mas] terial particular which imp'icates the prisoner. Evidence 3.--That the learned irial judge erred when he instructed the jury that the evidence of Gertrude Ir- ene Grose as contained in her al- leged dying declaration hsd been amply corroborated. 4,--That the learned triul judge erred when he instructed the jury that they were entitled to disregard that part of the alleged dying de- claration which had been admitted- ly proven to be correct and accept the balance of the alleged dying declaration as evidence, 65.--That the learned trial judge erred when he permitted the learn- ed crown counsel, in opening the case for the crown to disclose the facts relied ipon as contained in the alleged dying declaration be- fore the court had decided that the alleged dying declaration was ad- missable as evidence, Asks Conviction Quashed 6.--That by reason of the iuac- ters set out in paragraphs 1, 2, 3, 4 and 5, there was a miscarriage of justice and that the judgment of the learned trial judge shoud be set aside and the conviction quashed on the ground of wrong decisions as aforesaid of the learn- ed trial judge and on various questions of law hereinfore set out and on such other grounds as may by counsel be advised. : The alleged declaration as refer- red to in the above notice of appeal was taken from Miss Gertrude Grose, who died as a result or an illegal operation at Oshawa Gen- eral Hospital, © Chief of Police Owen D. Friend, Crown Attorney J. A. McGibbon, Sergeant Detec- tive Herbert Flintoff and Miss MacWilliams, superintendent at the hospital were present when the al- leged declaration was taken. POLICE OFFICER SHOT TO DEATH Prominent Philadelphia Man Fires Point Blank at In. spector, Raiding Home (By Canadian Press) Phila, Pa., Jan. 18--Firing point blank at a police officer who broke through the barracaded bedroom door of his home early today W. Gribbel aged 46, socially prominent, shot and killed John W. Blackburn, police in- spector, wounded Blackburn's chaf- feur, and himself fell critically wound- ed under the fire of other police of- ficers.- The police believed Gribbel had become crazed when informed by a physician that his condition ne- cessiatated his removal to a sanator- ium. MIKE HACK HANGED (By Canadian Press) Regina, Sask. Jan. 18.--Mike Hack, aged 27, was hanged at Re- gina jail at 4.47 a.m. today for the murder of George Edy, at Tuff, Sask., last May. He maintained his ROYAL PATIENT IS ENJOYING LONGER PERIODS OF SLEEP King George Maintains Sat- isfactory Progress and News is Altogether Good (Cable Service to The Times by The Canadian Press) London, Jan, 18,--It was statea officially this morning that thc satisfactory progress reported yes- terday in King George's condition had been maintained, The Daily Mail sald today the king had en- joyed long periods of sleep. during the last few days and his interest in palace affairs had reawakened, He is not allowed to read, since the effort at contraction might prove too great, His Majesty is having longer talks with members of the royal family and Queen Mary's visits, though only ten minutes long, are becoming more frequent. Marked Improvement London, Jan, 18.--The King passed another comfortable day and his condition last night was so satisfactory that his physicians, Sir Stanley Hewett and Lord Daw- son of Penn, held only a brief con- sultation, It was officially record- ed that the "slow but satisfactory progress' announced in the morn- ing bulletin, had been maintained. The improvement of the Royal patient has been, so marked that no special medical report was pre- pared for the medical journals this week. The Lancelot remarked that the public might now indulge in "happy anticipations of -convalese- ence." The Rritish Medical Jour- nal echoed this thought and said that the outlook for the King was more hopeful than. at any time within seven weeks. PRISON TERMS FOR ALEXANDERS ON FRAUD CHARGES Found Guilty on 131 Counts of Fraud and Conspiracy (By Canadian Press) Winnipeg, Jan, 18.--W. T. Alex- ander, former official of three west- ern Canada trust companies, was today sentenced to three years in the penitentiary and F. H. A. Alex- ander, his cousin, and secretary of three concerns, was sentenced to two years, on 131 counts of fraud and conspiracy. MORPHINE TRACES FOUND IN BODY OF MRS. SCHNABEL Montreal Doctor Says No Signs of Violence or Drowning (By Press) Montreal, Jan. 18.--Traces of morphine were found fin the vyis- cera of Mrs. Florence Schnabel, Dr. Wilfrid Dermore provincial medical expert reported to Coroner Prince at the inquest today. me said the body showed no signs of violence or drowning. Mrs. Schnabel disappeared from her home here in September, and the body, buried as an unknown woman after being found in a dis- used canal in Cornwall, was identi- fied as that of the missing wowan, George Schnabel, husband of the dead woman, dropped out of sight here in December and no trace of him has been found. DRURY FORMALLY NAMED TO FARM LOAN BOARD Ottawa, Jan. 18--Hon James A. Robb, Minister of Finance, announ- ced the appointment of Hon. E. C. Drury, former Premier of Ontario and Beaudry Leman, general mana- ger of La Banque Canadienne Na- tionale, as members of the Farm Loan Board. The board is now fully constituted with Mr. Robb as chair- man and Dr. J. D. McLean, former Premier of British Columbia, as Farm Loan Commissioner. Dr. McLean is a permament officer while Messrs Drury and Leman will be available when their services are required. Mr. Robb will call an or- innonence to the last. ganization meeting immediately. " Mrs. William Harding Suc cumbs Shortly After Be- ing Admitted to Hospital and Husband is Still Un, conscious -- Two Others Are Slightly Overcome (By Canadian Press) Toronto, Ont, Jan, 18--Mrs, Wil- liam Harding died shortly after be- ing admitted to the hospital while her husband, William Harding, aged 75, is still unconscious as the result of fumes which filled their home early today. Two others were slightly overcome, Miss Alice Neale was successful in raising an alarm, when she awoke feeling sick and dizzy from the fumes. Albert P. Murray, found asleep was not seriously affected. SEVERE INJURIES T0 HAROLD STARR Medical Evidence Given at Trial of Ottawa Chinaman for Assault Ottawa, Jan, 18--The adjourned trial of Harry Woo, Chinese restaur- ant worker, on a charge of having assaulted Harold Starr, prominent Ottawa athlete, was resumed before Judge Daly here Thursday, Woe, after asking for tffar by jury, later elected a speedy trial, He pleaded not guilty, The charge against Woo followed a free-for-all fight in a local cafe on Dec, 23 last, in which it is al- leged Starr was set upon by a group Yl Chinese, severely beaten and burned with a poker, Dishes Hurled Starr, according to evidence ad- duced, had intervened to urge a friend to leave the cafe, when ser- vice was refused the latter, In pass- ing a table, some dishes had been knocked to the floor and broken, following which, testimony disclosed, the fight started in which articles of every description were hurled about the premises. Seriously Injured Dr. A. Davies, who treated Starr after the fracas, declared that the athlete had been seriously injured. "He was suffering from shock and excitement and blood was streaming down his face," Dr. Davies said. "There were many cuts and burns about his face, while both his eyes were badly swollen," witness added. "His coat was burned in several places and his arms seared, His trousers were also burned." Fifteen other Crown witnesses were examined, their testimony gen- erally being in corroboration of evi- dence given at the preliminary hear- ing. tht Tabor, a team-mate of Starr in the Ottawa Senior Amateur Hockey League, and Starr himself, were the feature witnesses for the prosecution. Tabor told of being refused ser- vice by a waiter and the Chinese proprietor of the cafe. When about to leave the premises his overcoat had brushed some dishes off a table, Tabor testified, and one of the wait- ers immediately struck bim on the bead with a large plate. : Starr said he was proceeding to- ward his friend and the combatant waiter when another Chinese hit him over the eye with a catsup bottle. He had defended himself but soon "a dozen or more celestials" engaged in the fray. Starr identified Woo as the wielder of the poker. J i : SEEKS INCORPORATION (By Canadian Press) Toronto, Jan. 18.--Hon. W. F. Nickle, former attorney general, acting for the Oddfellows' Relief Assn., of Canada, has fyled a pe- tition with the clerk of the legis- lature for the passing of legisla- tion to have the association de- clared eligible to incorporate as a mutual life insurance company. The Brockville Loan and Savings Company is asking for legisla- tion to permit incorporation as a trust company and for power tv mn- crease their capital from $500,000 to $1,000,000. WEATHER Lakes--Fresh winds ith sleet or rain tonight and of Saturday, followed by winds and colder with flurries. Georgian Bay--Lo of rain or snow tonight Lower old. Toronto Woman Dies Result of Gas Fumes 'Which F illed House Congratulations Are Forwarded to Sir Wm. Mulock The following message wus this morning sent to Hon, Sir William Mulock, who tomorrow celebraies his 85th birthday, by Dr, T. E. Kaiser, M.P,, for South Ontario, Oshawa, Jan, 13. Sir Willlam Mul- of the To Hon, ock, Chief Justice Province of Ontarlo, Dear Sir: May you live to enjoy many happy returns of the date of your birth, Let me add to my personal congrat- ulations the best wishes of the city of Oshawa, as we all remember your %kind- ness in officiating at ¢he un- veiling of our monument at 'he Garden of the Unfor- gotten, Yours respectfully, T. E. KAISER, M.P. GOVERNMENT 1S CRITICIZED AT LIBERAL CAUCUS W. E. N. Sinclair Issues a Statement of Deliberations at Toronto (By Canadian Press) Toronto, Jan. 18,--Renewed con- fidence in the leadership of W. E, N. Sinclair, K.C., and in the organ- ization work of Hon. Nelson Par- liament was expressed by Liberals in the caucus which concluded at the parliament buildings today. Criticism Toronto, Jan, 18--Criticism of the Agricultural Departftent of the On- tario Government was included in a statement handed out by W, E. N, Sinclair, Liberal leader, following a caucus of Opposition members yes- terday, The caucus continues today, Following is Mr. Sinclair's state- ment : "The Liberal members of the Leg- islature met in conference today to consider the work of the coming session, All were present except two who were detained at home. A general discussion of sessional work was participated in, and a determina- tion expressed to engage actively in the work of the session, both in the way of criticism and constructive suggestion, Agriculture "The agricultural interests of On- tario were discussed at considerable length, in view of the apparent dis- interestedness of the Govern- ment toward - the Ipajor in- dustry of the province. The needs of agricultural Ontario were fully discussed in relation to hydro ex- pansions. "Possible legislation to be introdu- ced by the Government took up a portion of the time. Until the Speech from the Throne is presented, fur- ther action cannot, however, be de- cided upon. The members continued in session until 10 "o'clock and ad- journed to continue tomorrow morn- ing a discussion of matters which the time today did not permit of being brought up." Continues Alex. Mewhinney, North will continue as Whip, and R. Miller, Haldimand, it is understood, will again perform the duties of financial critic. Hon, Nelson Parliament, provin- cial organizer, was present at the sessions ,which were attended, in addition to those mentioned, by C. A. Robertson, North Huron; W. A. Anderson, Peterboro; W. J. Bragg, Durham; A. A. uhoun. South Perth; C. G. Fletcher, South Essex; E. B. Miller, East Elgin; Edward Ming, Frontenac; J. Mitchell, Southeast Simcoe; Dr. George A. McQuibban, Northeast Wellington; William Newman, North Victoria; W. G. Robertson, Northumberland, and M. E. Scott, South Oxford. JAPAN AND CHINA (Cable Service To The Times By Canadian Press) Tokio, Jan. 18.--Japan, the last of the foreign powers having an interest in China, has reached an agreement in tapiff negotiations with that country, the Foreign Minister announced to the Japan- ese cabinet today. Bruce, F.|torrents, the cars simply had uo {gress there was none. 4 Ca herine and . Mary Booth, : . J GREATER FREEDOM OF ACTION GIVEN CATHOLIC CHURCH Italy Permits Church to Own Property and Receive Bequests (Cable Service to The Times by Canadian Press) Rome, Jan, 18--It was learned to- day that greater freedom of action would be given the Catholic Church in administrative and other affairs in Italy by a newly reached agreement on the Roman question, The accord gives reliigious organizations the right of instituting themselves as cor- porate bodies with definite legal status, permitting them to own prop- erty, receiye bequests and institute egal proceedings. SALVATION ARMY RESTRAINED FROM ELECTING LEADER British Court Issues Injunc- tion on Behalf of Deposed General (Cable Bervice To The Times By Canadian Press) London, Jan, 18.--The high council of the Salvation Army was today restrained by the court from electing a successor to Bramwell Booth, deposed general, The in- junction operates until after a hearing by the court which is slated for Monday. Bramwell Booth sought the in- junction today to restrain members of the high council from putting into effect their resolution of de- position, William Green, who ap- peared in court for Booth, told The Tribunal that the case was of great urgency because the high council was in session and would proceed with action unless re- strained from nominating a suc- cessor to General Booth. Scene of Commotion dauhgters of the General, were nresent when the injunction, which came as a great surprise, was serv- ed on the High Counci?, meeting at Sunbury-on-the-Thames shortly be- fore five o'clock this afternoon. There was a great scene of com- motion as soon as it was learned what had taken place in London, WHEELS REVOLVE BUT MOTOR CARS FAIL TO MOVE Great Mix-up on N. Simcoe Street--Due to Polished, Icy Pavement Rivers on the streets. Pelting rain. Slippery going. Oshawans last evening around the hour of six o'clock, found tle conditions far from satisfactory. There were wet feet by the thou- sands as the members of the house- holds stepped across the family threshold after a scramble, a slide and a perilous journey from office, or workshop to home. And the motor cars-- Washed elean and smooth by the traction and the wheels revotved and the engine groaned, but pro- Volleyed and Thundered On North Simeoe street, around the tea hour there was a great scramble of cars. Cars to right, cars to left, cars on the curb and cars on the railway tracks, volley- ed and thundered--but they could- n't move, That little hill on Simcoe street north with its polished icy pave- ment proved too much for even the stately La Salle, the aristocratic Buick, or the lowly flivver. Horns honked--the deep and raucous throatings of the Klaxons were heard in every key. It was a case of get out and shove, or back up and go home by another route. It was a grand evening of adven- ture and rain. Relief cometh on the morrow, The Weatherman says. It will be very cold again by Jalalabad, RIBES HASTEN AGCLAIM WATER BOY KING Supreme Court is Asked to Representatives Sent To Capital to Greet Victorious Rebel Chief Habidullah Khan, Acclaimed Emir, Maintaining Excel. lent Order, With 15,000 Men Under Him, Fully Equipped--Former Kings Taken to Safety from Kabul By British Air Force Planes (Cable Service to he Times by The Canadian Press) Peshawar, India, Jan. 18,--Ad- vices from Kabul, capital of Afgh- anistan, state that Habibullah victorious rebel known as Khan, or water-boy, has Bacha Bakao, been acclaimed the new Emir, the third within the present week. He is understood to have 15,000 men under him, fully equipped and 1s said to be maintaining excellent or- der, Messages from Jalalabad say that Shinwars and other tribes have gent representatives to Kabul to meet Habibullah Khan, Siftoar Alihamed, former governor of Ka- bul, who recently was in control at also was reported to have gone to the capital. Second King Flees New Helhia, India, Jan. 18.-- Inayatullah, king of Afghanistan for a few days, and members of his household, have been evacuated from Kabul by British airforce aeroplanes. The party reached Peshawar en route to Kandahar where Inayatullah's predecessor and brother, former King Aman- ullah, is. No Court Action London, Jan. 18. -- Edward J. Higgins, chief of staff, is tempor- ary political and legal head of the Salvation Army. He will occupy that station until the High Coun- efl, of which he is 2a member, el- ects 8 successor to Bramwell Booth, who was deposed as com- mander-in-chief. Army circles are full of rumors as to what General Bramwell Booth and his family intend to do. There were several reports that he was contemplating action in the courts but late this after- noon authoritative circles seemed satisfied that he would accept the decision of the council. If that proves to be the case, the position will be greatly simplified. A Successor The council's next task is to select a successor to Bramwell Booth, Most of the conjecture on that point centered about Commis- sioner Higgins. He has been the most prominent figure throughout the proceedigs at Sunbury-on- Thames. How long a time will elapse be- fore the affairs of the Army are restored to normal will, in the opinion of the dominant faction, depend largely upon the attitude of Bramwell Booth and his friends. It was reported that they would like to have Higgins as tueir new commander. The Higgins advocates also ar- gued that his election would leave the world control of the organiza- tion divided, as it has been, be- tween International Headquarters and Commander Evangeline Booth, aala hah f(lose toyda 0a0000is 008 head of the Army in the United States. In this connection it was learned that Miss Booth believed that the International Headquarters should remain in London, "the birthplace of the Army." Must Decla:> Platforms All candidates nominated at the High Council meeting today must openly declare their platforms thereby practically pledging them- selves to carry out the desired re- forms. No election will take place until these pledges have been giv- en for, as soon as the new General is chosen the High Council is auto- matically dissolved. RAIN INDEMNITY FUND WILL BE PAID TO FAIRS Toronto, Jan. 18. -- Fall fairs which suffered from rainy weather last year will draw about 75 per cent. of the claims made upon the Ontario Government indemnity fund. There is an annual grant of $10,000 distributed last year in 36 counties and districts, in proportion to loss in 1927, but 1928 was quite wet during the time when most agricultural societies held their ex- bibitions and claims - total about $13,000, it was stated yesterday by J. Lockie Wilson, superintend- ent of the branch. Assistance will have to be guaged accordingly, GRAIN OPENING : (By Associated Press) Chicago, Ill, Jan. 18.--Opening wheat, March 120%, May 123%: Corn, March 98%; May 101%; Sumday. Oats, March 51% May 51%. OTTAWA ITALIAN RESPONSIBLE FOR RELATIVE'S EATH Jury Expresses, No Opinion Whether Shooting Was Cul. pable or Justifiable (By Canadian Press) Ottawa, Ont,, Jan. 18,---Druno Messina, 35 year old Italian, was last night held responsible by a coroner's jury for the death of his brother-in-law Bietro Parratto, who was shot to death here on January 8. The jury did not exe press, on advice of the crown, an opinion whether the shooting had been culpable or justifiable, MARSHAL FOCH 1S MUCH BETTER, AND DOCTORS HAPPY Condition of Heart and Kid- neys Show Slight Improve. ment, Bulletin Says (Cable Service to The Times by Canadian Press) Paris, Jan. 18.--Marshal Fer- dinand Foch was so much better today that his doctors were act- ually talkative when they left his bedside after a Itation last- ing two hours. They issued the following bulletin after leaving the Marshal: "There is a slight improvement in condition of ths heart and kidneys." Condition Grave Paris, Jan. 18,--A slight ime provement in the condition of Mar» shal Ferdinand Foch was noted his four physicians at the cone clusion of the fourth day of his illness. Dr. Heitz-Boyer, spokesman for the four, said: "We are satisfied with the progress of the illness, There is no aggravation of his con= dition; rather the slight improves ment continues. But we cannot promise for the future. His condi« tion remains grave." Reads Messages During the afternoon, it was known, Marshal Foch forced acs quiescence to his plea to read some of the messages which have been sent him since he became ill. That. from Queen Mary of England, and a number of others were shown him. The Marshal appeared deeply moved and turned to one of his doctors with the words, "Thank my friends again." Then more gruffly, "Have I been as sick as all that?" The doctors decided = that ne more cablegrams would he shown their patient for the present inas- much as the one experience had seemed to tire him. CANADA LEADS IN USE OF AVIATION No Remarkable Flights But Much Country is Opened Up Montreal, Jan. 18. -- Canada could boast of little in the matter of spectacular flying but neverthe- less the Dominion led the world in aviation, declared A. M. Narraway, Controller of Aerial Surveys, De- partment of the Interior at Otta- wa, in an address before a service club here. While nations could point to re- markable flights to the poles, across the Atlantic and Pacific. Canada could produce a record that none could equal in the matter of using aviators to open up the country. The most important use to which the Dominion Government was putting her aviators, was the mapping of the country, many sec- tions of which had never peen ex- plored. For the geologist, the forester, the waterpower engineer, op all three of the whom depend so mich of the development of the eountry, conducted from coast to coast the aerial surveys that were ae w invaluable, he said.