Daily Review of Nassau County 19210525

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IE DAILY REVIEW
Of Nassau County
THE DAILY REVIEW
2c
A( TMir Nawa fttaaa Or Delivered At Year ftaaa
lOc Per Week     $5 Per lev
OfBd&l Paper, Village of Freeport
FREEPORT, N. Y^ WEDNESDAY, MAY 25, 1921
VoL XXIV, No. 79
CROPSEY WILL HOLD GRAND JURY; COURT TO SIT IN MINEOLA INDEFINITELY
BARBUTI GETS STAY OF TRIAL, THUSAILNASSAUPREJUDICED
Former Justice Scudder^ As Counsel, Makes Plea SimOar To That Presented in Sheriff Harvey's Behalf For Change Of Venue In Last Of Stolen Motor Ring Trials
FIGHTS POSTPONKI*
.Min*'(.la. .May 2.'..—.Mitchel FlHd Imutn. udvertiHefl for tonlRht, have )>ej'n cullod off. Thi're will b« no flKhtn at the arena until two weeks from tonlBht. nccord- liiB to C. iH. Kerr and Herpt. Wi-bcr. in charKe.
Mineola, M.iy 25.—A stay of tri.Tl ban brn Kranted Thomas V. ISiirhiiti, of Inwood, indieted for perjury growing out of tho ring which dealt in Htolen motor car.H  in  Nurmiu County,
Supreme f'ourt .Tustice W'.Titer 11. J.'iyfox, of .Suffolk County, Knuited a Rt.ay f)f trifil on the .applleatlon ot form- rr Supremo Court Justice Town.si>nd Scudder, counsel for narbuti, yesterriny nfleruoon. The order of .lustice .I.-iycox Rtnys the tri.-il tor ten days to allow the defcndant'H counsel to npply for :i rhaiiKe of yenue on the groimd that h" cannot hiivp a fair trial. iiT Nassau County.
The action on the part of Barbuti's counsel follows liard on the footsteiJS of Bimil.'ir action taken .Monday ))y Attor¬ neys Ch.'irles X. VVysooK and .Stephen C. UaUlwiii, couns*'! fur former Sheriff Herbert S. llaivr'y, of Queens County, who resides in l'"lushinK. Harvey Is indicted for bribery and iconHpiraey )frt>winB out of the Plant trinln. Il<' is charKC<l with hnvluK ituld I'iant $200, according to his coimsel, aa it is alletj- ed, "protection" for those dealing in stolen motor  cars.
Part of the affldnvit filed by former Justice Scudder for his client i^ijiyli yesterday is identical with some parts of the affidavit (lied by Air. WysouK for his client, Harvey, yesterday. Mr. Scudder was in court Monday prepari-d to open llio narbuti trial, but nsUed that he not be kejit In trial hecau.se of a *>ath In his family, .fnstlce .Iam(r.s C. (YopBcy i)Ut the Jljirbutl case over unill today when he expected that counsel would be able to proceed with the trial. ISurbuti Is cluirKyd with perjury be¬ cause it is iillcKed tliat lie told practical¬ ly the same story at the two Plant trlalu, both of which resulted in disa¬ greements, ns that told by .Mervin I^. iJickerson, of Lynbrook, who has since confessed that he lied on the witness atand.
Barbuti has hild to hia story und de¬ clares he hart n K<K3d defense, bicker- son swore lie dined with Plant and liai-hutl on a certain day in Seplemh.'r nf 1919 at the Kiks Club, Fretport. (Continued on  paK"  f').
FIRE DESTROYS HOME OF LliS ATHTEAD
Just Outside Fire Limits, Firemen Stretch Long Sections of Hose and Try Valiantly But IJnsuc* cessfuUy To Save Building— Furniture Removed at Risk Of Lives of Volunteers
REFUSES FOOD; PREFERS DEATH TO SING SING
FAME OF Cim CLUB SPREAD^TO OUD
Woman   Shooter   Arrives   After
Reading of Club—Hkas Gets
Perfect Score; Empey 149
Freeport, May 2&.—The first regis¬ tered shoot of the Freeport dun Club at tlie shootiiiB Riounds last Sunday wns   under  perfect  conditions.
The fame of the club had reached I.,ima, Ohio, througTi the medium of The Pally Ueview. As a result Mrs. Toots Randall of that place hopped a train with her little »run case and started for Kreeport. ArriviiiK here Bhe WHS most enthusiastic, and vowed that the press i-epresentatlve of the club had not done the place Justice, let alone exafrsrerate it.
A feature of tho shoot was a 150 bird contest between K. L. Haas and Arthur Guy Km|>ey, who came near froInK over the top ajjraln. Haas l>eat hlin by Rettinur every hlid trapped. Empey missed one.
The result of the registered 50-tafget shoot wns us  follows:
High run 38
«
Hits
A.   O.   Empey        49
K.  T...  Haas        4S
A.   Klesick        48
T).   D.   Cvoan        48
H.  B. Knight        48
Mrs.  Hubert   Shaw   ...
John  Banier   .'"'
Mt-s. Toots Randall ^   45
E. T.  Burgrssii        44
L.  E.  VlTiarff        43
Frank   Avignone        43
R. F. Rlc*, George K. Cheney, Ray Combs, Joseph Hirsch, R. P. r»omachke and P. Denifler got 40 eaich.
Arthur Qtiy Bmpey received the high trophy for the day.
Hemi)stend, May 2t-.—Mr. nnd Mrs. Walter O. l>um and child, who lived at Criliforni.% and Penn.sylvanin avenues, Chest,«r Park,.went out for a ride la.st cveninK, and when they returned, they found their home In ruins and their furniture scattered about the neiffhbor- Trtg'yaK^.s. Fl'reTiad broken out during their absence, and despite the best ef¬ forts of tho Hempstead Fire Depart¬ ment it was impossible to extinKuish the (lames until tbe house was practi- caU>: destroyed.
At)out !».15 the next door neiRhbors, Mr. and Mr.s. Ralph OaJlowny bcnid tho cracklinir of Are in the I.,um house and calletl the fire department. The ap- parntus went immediately, chemicals be- iiiK used in an attempt to stay the flames until ho.se could be laid.
As the. scene of the flro ia a consider¬ able distance outside Jho vlllaKe llmit.s, there are no hydrants near at h.ind with sufficient feed pipes to flsht '.lie. It was neces.sary to lay about 2700 feet ot hose from Fulton avenue, in front of trte AuRUst Melmont lesidence. The pumper wa.s .stationed at this point, and the hose laid to the fire in as short time as po.ssible, but the great stretch of hose and tile enormous pre.ssure neces.sary to force tho water the great distance caused two or three burst of ho.se, which .shut off the water at critical moments, and save the flames fresh starts. From 250 to 280 jiounds pressure was main¬ tained by Engineer McNaily and two powerful streams were provided at the tire.
FlndlPR it impossible |to save the house, the firemen took practically everything from the building, working inside until ordered out by Chief Pow- eiM, because of the danger of the roof falling upon them. With the replacing of the last broken link of hose and the resumption of water pressure, the fire¬ men gradually fought out the flames, but not until the house, a two-story frame (structure, had been badly wrecked.
Mr. and Mrs. Galloway, whose home adjoins that which was btirned, re¬ moved all their furniture from the house in anticipation of the possible spread of the fire, but ns there was practically no wind, they were not endangered.
The ca\ise of the fire Is unknown.
Town Board Favors Purchase of 34 Machines To Supplement 32 Now On Hand To Cover All Election Centen in Town—Cost To Be Carried Through Four Years On Certificates
RRD  CROHN  \VORKRR.S TO .M.\R<'Ii
Heinpstead. May 24.—.Members of the Hempstead-Garden City Red Cross who will march in the parade on .Memorial Day are requested to notify lied Cross HeadQuarters. South Main street, on or before May 26.
WAVrHAdNES FORVOTINGIN	
AU DISTRICTS SUES ENRIGHT;
SAYSPEATGAS ISOEYMYm
RECORDS OF WAR VETERANS WHO WANT aVIL SERVICE JOBS NEEDED AT ONCE
All veterans of the WoMd War who are physically disabled, and are now or may be hereafter placed on allglble lints ft>r original appointment under Civil Service rules, are invited to pre¬ pare and present to the Civil Service ConunlssloB Immediately a! complete »-c<-ord of their army experience to bring th<ftn within the provisions of the ao-c«Ued Dfuell bill, which haa juat become the law of the state.
The new law provldea that veteranii shall be preferred in appointnient over non-veterans having the aame percent- ace. while in the labor clasa veterans shall have preference without regard to their jrtandinv on fhe list.
Prisoner at Mineola, Accused Of Burglary, Has Not Eaten For Five Days—May Have To Be Force-fed By Jail Physician— No Secdnd Term For Him, He Says, If He Can Die Instead
Mineola,   May   2.">.—Foiled   in   an   ef¬ fort   to  Jump   from   a   window   in   the
Court while he awaited his turn before
the     Grand     Jury     recently,     Charles
Marshal,  of East Houston  street,  New
York fMty, has refused t" eat the food
at the county jail.    He declares he will
-Starve   to   death   rather   than   go   back
lo   .Sing   Sing   jirison   where   he   onr'c
served a tei-ni. Marshal hus not eaten for five days,
according  to   the  Charles  Hansen,   tln-|I'''>"y   could   be   sure   of   having   th m.
He stated ttiat tlie demand for marliinrs is greater than the output.
Super\'isor Doughty said he had fi'iind it almost imjiossible to obUiin men to serve on the election bO«rds, where paper ballot« are used because of tbe late hoisrs they were compelled to work, in comparison to those where machines are u.sed, und that it was only af!e" urgent personal requests that some hnd served last year. He offered u resolu¬ tion providing for the purchase of sufll- cicnt machines to supply the remain¬ ing districts, but at the suggestion of Supervisor Smith withheld it and the matter will come up next TuesdMv.
The plan of the Town Board is to purchase   thirty-four   machines,   which
Hempstead, May ''a.—lOvery election district in the Town of Hempstead will be equipped with a voting machine, if the present intention of the Town Hoinl is carried out. The Board yesteril.iv m.'ide a special order for the meeting next Tue.sday the matter iiurchasiiig machines to 8upi>ly the dlstrlci.s thu are   still  using   the  paper   ballet;^.
Final action v.'as deferred on the sug¬ gestion of Supervisor Smith. !n o.'ler that anyone who wishes to have some¬ thing to say regarding the matter ni ly be given an opportunity at the meetin;.; next Tuesday morning.
S. C. Hamilton, representative of the Automatic Registering Machine Cor¬ poration appearetl before the Board in'i asked that, if the Board intended to in¬ stall more machines the order ))e |il;ifcti as early  a.<  possible,  so  that   the  r. ni-
ger print expert of Distri<:t Attorney Weeks' force. Mr. Hansen quotes .Marshal as saying at the time Detec live Ferdinand Miller arid Constable Charles Tintle saved him from his at¬ tempted suicidal K-ap:-
"Vou may get me now but you can't make me eat. I'm going to starve my¬ self  to death."
The food in the Jail is gixid. says Sheriff Charles W. Smith. Warden .lohn Dunbaf has tempted the jirison- er with things a little more dainty than the average prisoner gets, but up to the present Marshal has refu.sed to eat. He is weak and the effect of Ills fast shows. It is expected that Dr. Ci. F. Cleghorn, Jail physician, will force-feed   his   prisoner   jiatient   unless ' with the tliirty-two already ownecMiy the
the man's will not to eat breaks soon.
.Marshal   is   charged   with   burglary. He   is   said   to   have   robbed   tbe   hon?e
I town, will supply all districts. The ! cost is $690 each. The Board plans to issue   certificates   of   indebtedness   and
of Irving Truman  in Port Washington   spread the cost over four years, ])aying
and was found in the garage. He was lucked In, l)ut broke out'only to bn recaptured.
I about $&,000 a.^-ear. The manufacturer of fhe machine is willing to take the certificates in  iwyment.
BUSES NO LONGER FREE LANCES; MUST STICK TO UffS PROVISIONS
Trolley Opposition Throughout Town of Hemp¬ stead To Be Under Control Of Public Service Commission—Review's Stand For Square Deal To Trolleys and Service For Public Sustained
Hempstead, May 25.—The long flght for the elimination of the bus lines as unfair competitors of the trolley was brought practically to a close yesterday, when the Hempstead Town Board, fol¬ lowing: the lead of the village!*, elected to come under the provisions of Sec¬ tion 26 of the Transportation Law and put the buses under the same condi¬ tions ns trolley lines.
The board unanimously adopted a resolution reported by Justice Jones for the committee, consisting of himself. Supervisor Smith nnd Town Clerk Gil¬ bert, to which the matter had been re¬ ferred. This resolution is similar to those adopted by the villages of Hemp¬ stead, Freeport and Mineola. Thi», ac¬ tion of the Town Board covers the en¬ tire route of the bus lines to which ob¬ jection Is made.
The resolution of the Town Board, like that of the villages of Hempstead and Freeport, will become effective on June 1. In order to operate after that date, the buses will have to obtain (rsRchiaea and comply with such terms as the villas and town boards may »ee flt to impose. They will also have to obtain certillcatea of convenience and necessity from the Public Service CMn- mlssibn. /
; The trolley cmnpany will banrc tbe op>
portunlty to oppose the granting of the certifleates before the commission and to ahow that the service Is not a neces¬ sity. The company will be in a position to go before the commis.sion with a good argument, inasmuch as the prom¬ ise has been made by the vice-president and general manager of the company that a flfteen-minute service will be given as soon as the neces.sary switches can be Installed, probably about the first of July.
The action of the Town Board crowns with succe.w the flght that has been madei by the Daily Review the last three months for elimination of the buses on the ground that the revenue they take from the trolley company, without ma¬ terially increasing the serviqe, would in a short time put the trolley lines out of commission, to the great detriment of the Tillages and communities which they serve.
The position taken by this paper has been that, bad as the 8erv4(;'e of the trolley company haa been, it is better than no trolley service at all, and that better senriee could not be expect^ a« len( ad the buses were allowed to run Just ahead of the trolley cars and snatch the fares that legitimately be- lone to the ti-olley line, becauae of the .(BMi4Ui0BS under which tbe trolleys are ptaHied by their fraacbises.
Wm. H. Doolittle of Woodmere In¬ vested $1,000 in Enterprise of Farmingdale Wizard and De¬ clares He Was Defrauded By False Representations — Denies Inventor's Ability To Make Gas
Mineola. May S.l.—William H. Doc- little of Woodmere has brought jsuit against Louis Knright of. Farmingdale, lo recover $1000. According td the sum¬ mons and complaint flled with County Clerk Thomas S. C;heshire here Doo little .says Knright took $1000 from him by fi-auduient retiresentatioii when the latter sold the. former 100 shares ol the car>ital stock of the Enrlglit I'ent Casoline Corpoiation. This company is said to make gasoline for commercial purposes from peat that aboimds on Long Island.
Mr. Doolittle's coun.sel, Dudley A. Wil.son, .set.s fonh in the papers filed that on November 18, 1920, at Farming- !ale, the defendant, Knright, represented to the plaintiff that he had organized a coipoiation knowni as the Knright i'eaf tinsoline Corporation, of which Knright w,is president.
The papers relate that the defendant "falsely and fraudulently" represented that the defendant was the inventor of a procss and apparatus capable of pro ducing gasolene for ordinary commer¬ cial usage from peat, such as is found in and around the village of Farming- dale and other parts of Long I.sland.
The plaintiff .says Knright claimed cer¬ tain rights of proces.s, and apparatus had been secured by him to the c'or- (Kjration, and that numerous practical te«4ts had been made with this appara¬ tus and proce.sses whereljy large qtian- tities of gasoline, fit for commercial usage had been obtained from given quantities of peat therein treated.
The plaintiff also says that the de¬ fendant showed him ^the apparatus, I'au.sed peat to pass through i^smd then showed a bottle, taken from the apparatus, which purported to cpntain gasolene, and Doolittle saya that Kn¬ right told him then this gasolene was produced ;from peat by the machine; that he, Knright, knew large quantities of commercial ga-soienc could be pro¬ duced in this way; that this peat cor¬ poration proposed erecting large plants in the vicinity of Farmingdale and other places on l>ong island to make gasolene by this process.
Doolittle says he relied on the state¬ ments of Knright, and bought lOu shares of the capital stock of the company, paying Enright $1000. He now claims that the representations were "false and fraudulent," and that Enright knew it, and that the defendant devised and made this apparaAis "for the purpose of cheating and defrauding the plain¬ tiff and others."
Again the plaintiff says "said Inven¬ tion is and was at .said time a sham and a fraud, and wholly worthle.ss, and the stock of said corporation was and is of no value whatsoever, except in.sofar as the corporation may poKsens a small amount of property totally unflt for the purpose represented by the defendant to the plaintiff."
T^e plaintiff asks $1000 and interest since November of 1920.
The papers shOw that Enright has filed $1000 with the court following ser¬ vice of a civil summons by the sheriff, and the plaintiff has filed a .surety com¬ pany bond to pay costs and damaares up to $250, should he not sustain bin action.
COUNSE TOLD ERRORS EXIST IN VENUE CHANGE APPUCATION.
Susfs:estion That Application in Harvey Trial Will Be Denied and Also in Barbuti Case—Grand Jury Informed It Must Remain Ready For Duty Throughout Summer If Necessary—Adjourn¬ ment and Not Dismissal Put On the Records by Justice Cropsey's Special Order
Mineola, May 25.—Supreme Court Ju.stice Crop.sey this morning from the bench announced he will hold court here in¬ definitely, that the May term of court will be continued until he see.s fit to adjourn it, no matter when it may be. He directed that the Grand Jury be kept in .se.ssion, called them together and told them he expect.s them to serve as long as he want.s them to, no matter if it be until next fall. He set the trials of Thoma.s V. Barbuti, indicted for bribery in the Plant ca.se, and the trial of Sheriff Harvey, of Queens County, indicted for perjury in the Plant ca.se, for June Vi.
.v
Medkai Society Meetins MineoU, May 25.—Tbe Medical So¬ ciety of the Coujtty of Naaaau will hold Its semiannual meetinc, Tuesday evening. May 31, at 8 o'clock In the Murrocate'a court room. Papers on interestlns   aubjet-ts   are   to   bei
Justice Cropsey told Attorney Charles N. Wysong that his order staying the trial of Harvey wns wrong, and would probably be vacated. His speech indi¬ cated that lift was skeptical of motions for u change of venue In thi' liaibiili case.
When .lustice t~*ropsey came on the bench tliis morning there were before him District Attorney Charles R. Weeks and Assistant District Attorney Charles Wood. Counsel for the defendants were not   lepicst-ntt-d.
"I'eople vs. Barbuti," called the judge.
"People     ready,"     replied     .Attorney
Weeks.   He then added that a stay had
been   served  on   thi>   court   in   the  trial
of  Haibuti.
"When can you be ready for the trial'.'" asked the court.
".iune 13," .Said Distii< t Attorney Weeks. The court set it for- that day, and added that it would go to trial on that day in tho ev^nt a motion ,foi- cliangi' of venue, if ever made, Is denied.
Then the court announced that he will continue the present "term of court indefinitely. jjiter- he directed Court Clerk Daniel Sealey to make a minute Alt the records of the court that the term was suspende<l only, nnd nol ad¬ journed.
"I'eople vs. Harvey," called the court. He then added  that he made the samei disposition  of it.
.Attoi-ney Wysong arose at this time and .said there had been nn order stay, ing the trial of Harvey, to which fhe court said: Your statement is incorrect. | I .suppo.se you do not know it, but it j is."
"Incorrect'.' In what respect'.'" asked j Wysong. I
"Ye.s, absolutely incoir-ect," replied ' .Instice ('ropsey, "and it wjll pr-obably ' be vacated." I
Hi- then directed the Grand .Jury to ' he brought before him, ami said In ¦ Iiart;
"In the regular course of events, your , term would end Friday, but for reasons i all sufficient to me, I will continue your i term indefinitely, and as there is no ¦ other Orand Jury until Octolx'i-, I find ] it desirable to continue you as grand i Jurors. ¦
"You   will  not  attend  regularly,   but ¦ you will be available if there Is any ne- | cesslty for action by a Grand Jury be¬ fore October.     I  want   to  have a l)ody ' in existence to handle any matter that may   come   before   a   (itand   Jury.      I wili see you again  before  you  are dis- char-ged,   whether   it   is   in   June,   July, or whenever it may be."
Announcement at the court this morn¬ ing is the outcome of the move*y coun¬ sel for Harvey and Harbutl to slay the trials of their clients by an order of the Hupremo Court. CJounsel in both mstances made afB<lav1tH that they ex¬ pected to ask for a change of venue on the ground that both Harvey and Barbuti can not have a fair trial in Nassau County.
They have had the stay granted, and in the usual coui-se of events, some time within ten days, they will argue the motion before a special term Judge of the Supreme Court, who will be silting in motion, at which thne they will uKk to have 'he trial aent to Heme other county.
CONTEMPT CASE FOR DRISCOLL ANDCOCHRAN
read.
Auatralla  has a   movement on   foot
for    the    pre«arv«tien  of  ita gisantic
"atrinry   hark"   tree*,   which are   the I tallest in the world.
Jurors Who Are Said To Have Held Out For Dismisiaf Against Ten For Conviction in Plant Trial Called To Explain—Gen¬ eral Denial On Part of Each
Mineola, .May 2.';.—Wllllnm J. DrlscoU of 0<ean Side and William U. Cochran of Lynbrook have been cited to appenr Iiefore Justice Cropsey on Friday morn¬ ing lo sliow cnuse why they shorrld not l)u piriii>lrcd for' i ritniriiil conti'tnpt of" court.
They were jiriors in the .-lecond tri.il of Plant which resulted in a dlsugree- tnenl. Itolh of them are .said to li:i\e voted in uci|uittul during long hoirrs of deliber-atiott, agaitrsi the vote of tin other   jurors,   for  conviction.
Justice Croiisey annciuirced from tlix bench this morning that In- will ron tinue Ids invesllgiition itr relation to the jurora on Friday. Later Dlstilcl Attorney Charles fl. Weeks stated that both men ha<I iM-eii ser-ved with an order to «how cause why lhey should not Ije prrnishetl.
DriscoII when lie went in the jury room carried his revolver. When hf displayed it, a juror became frightenHti iind told the court officer- who re|>orled it. Justice Croi)Hey called UriMcoll 'je- forc Idm, aeverely repiimundetl him a/rd took tlie revolver- away fr-om him. DriMcoll insisted he interrd<nl no wro|l^. .lirstice Cropsey has al.-^o culled buck the other ten Jurora' In the I'lan tri:il and they will Ix? questioned In ri-lalicm to the incident in the jury roflni.
These men were all diachiirgefl with the thanks of tlie court following the si-cotui I'larrt trial. There uic rro drarg- es against tliem. They ar<' Irving I». Tunison, 0<'e«n Side; Kverett .\rarlow. ^V'ttlte^ KgHii, Fred Van.N'ostrand, Fre«'- Iiort: Walter Stephenson, Itoosevelt: IxjuIh C Allen, Locust Valley: ,)ohrr Walters, Kyossett; IClber t Hoigt'larril. ICuHt Norwich: 'ii-orKe JJider, Oyster Iluy;   Nelson    Hicks.   Kockville   Centre,
The oi-der st-rved on DrlscoU and CiKrhian says that they are cIImI to sliow cause Icfore Justice Cropsey u«i to why an order should nol !«• mad>' adjudging them guilty of contempt of <'ourt and wliy lli»'y shorrld not be pun¬ ished   tb<-refore.
The paiierit recite thirt tliey knpw Carman Plant but casually und tbat they Would l)e indifferent to him and would decide Ihe calie on the evidence: that they promised not to din^'usa the cMse. that thi-y (iromlwd not to dlacUMi the caite during the trial or- i><*f»re Iih (Inai subml.sslon Jo the jury; that they were not indifferent: that th«y had not fairly treated the cmh« and dw'i#hd it Holeiy on the evidence, but made une cf mg.lterfi of their own knowledge of I'lfint and frienda of his, not heretofore dlm-lofted, and sought to sccuie u ver¬ dict of the Jury by Improper wordu and acts not in any way conne< ted with :i part of  the evidence  In  the eane.