Richmond Palladium (Daily), Volume 46, Number 156, 12 May 1921 — Page 1

RICHMOND VOL. XLVT., No. 156 Palladium, Est. 1831. Consolidated . with Sun-Telegram, 1907. RICHMOND, IND., THURSDAY EVENING, MAY 12, 1921. SINGLE COPY 3 CENTS

THE

FAIXABIIIM

Shakespeare's Home City Pays Tribute on Birthday DILL URGES QUICK ACTION ON MEMORIAL "Back Capitol" Bought by National Woman's Party

FEDERAL RULE BOOSTED RAIL COSTS. CLAIM Chairman of Southern Pacific Says Labor Cost Jumps 115 Per Cent in 1920 Over the

BORAH WISH TO DISARM ONLYHITCH Is Only Difference Between President and Congress May Cause Real Embarrassment; Borah Earnest. MOVE SURElO COME

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BY MARK Sl'LMVAM

WASHINGTON. D. C. May 12 The only difference between President Harding and congress that promises real embarrassment to him is sena tor Borah's fight on disarmament. There-is no real difference over what President Harding has just done in Europe. The senators are reconciled to that so far as it goes. It is possible that in time participation in European affairs may reach a point where the irreconcilable senators will fight again but that isn't likely. On disarmament, hnwpvpr. there is f i .: i . i i , ! f T A "V1,, 31 emoarrassmeni r n.ucui "trums. oenaior corau " &"'"6 iu jiicBB uia resuiuuun, ana either in the senate or in the house or both there is enough sentiment in favor of disarmament to make Borah's fight successful. That sentiment may not show itself immediately. Very much of it will be restrained by a feeling of generosity toward President Harding of not wishing to embarrass him. Borah Urges Action Just what is the distinction between President Harding and Senator Borah on disarmament is hard to define. President Harding says he favors disarmament, and President Harding never says what he doesn't mean. President Harding says that in the course of time when the conditions are ripe and the occasion is becoming, he will take steps toward disarmament. Senator Borah and those who follow him think there1 is no reason why those steps should not be taken immediately. It is difficult to say concretely what reasons President Harding has for postponing his initiative towards a disarmament agreement. His reasons may be no more important than the mere fact that hei is busy with many other things. In his talks with senators favoring disarmament who have gone to see him President Harding has convinced them of his sympathy with the idea, but as for taking an immediate step, he has the hesitancy which a man in a position of respon-sibility-dften-has, compared with another man who is really a propagandist for a cause that is near his heart. May Welcome F-ight Tt may well be that President Harding will welcome Senator Borah's fight, that he will be glad to have his hand forced and to have an overwhelming expression of public opinion demanding that he make the move toward disarmament. Nobody doubts that the bulk of the American people want an agreement for disarmament. Nobody doubts that the British people want an agreement for disarmanent. Nobody doubts that the Japanese people want it. These are the only three nations concerned. Tn addition to the peoples of these rations many of their statesmen want disarmament. But others of the statesmen of these three countries are restrained by natural conservatism, by the hesitancy that often goes v. ith responsibility, or by the temperament that waits for some one else to take the first step. Face Danger The danger that faces President Harding and the United States is that if he fails to take a step towards disarmament by agreement among the three nations the result may be that the American people will become impatient and begin disarmament separately. That would be a pity. No responsible person wants to see the United States disarmed while Japan and Greal Britain go on with their great naval programs. The only way to forestall an impatient and headlong demand for disarmament on the part of the people of the United States is to satisfy the people by taking the first step towards an agreement among the nations. There is unmistakable vitality in the determination on the part of the people of the United States. It is reflected in the hearts of congress and sooner or later it will bo reflected in the votes of congress. Congress wants to be patienr. .."blB. difficulties. They would rather do almost anvthing in the world than embarrass him or make trouble for him. hut sooner or later they will take the . rtep towards disarmament unless he does it first. Partv leaders know well how formidable the coming church movement towards disarmament may be. Such a determination and such a step on the part of great numbers of persons inspired with religious passion might well turn out to be that spiritual solvent of the worlds' trouble which many claim must come sooner or later. The man who had much to do with starting this church movement, General Pasker H. Bliss, is one of those figures whose personality is i much bigger than the public knowledge of it. He was. as everybody knows, one of the American commissioners to the peace conference and. as a few people know, he was one of the most courageous and wisest men in Paris for a generation. In one way or another, usually as a soldier of the highest reputation, but occasionally as a civilian servant with important duties. General Bliss has been contributing wisdom and surefooted idealism to the public business of the United States. Letter to Churches. In his letter to the churches. General Bliss said: "If the churches can(Continued on Page Ten)

Residents of Stratford on Avon marching past Shakespeare's birthplace. Shakespearian societies, schools and thousands of other organizations paid tribute to the greatness of William Shakespeare on the recent anniver-

sary of nIs birth. Residents of Stratford

the day wlth a procession and other ceremonies.

Good Features City Manager Form Pointed Out by Chaffee Adoption of a city manager form of said had been asked him a number of government to guarantee the carrying times "If we get an inefficient manaon of the city government with the ger can we get rid of him." least waste and in the most efficient "Read the law. This point is clear, manner, was urged by Frank P. Chaf-; The manager can be discharged. He fee, secretary-manager of the Chamber ; can demand a public hearing, but it' of Commerce, in an address at the ' the commissioners continue in their eighth ward meeting Wednesday night, j belief in his inefficiency he can be dis The city manager form of govern-: charged." meni. gives the most simple and direct j Says Plan Success, form of doing city business that has I Mr. Chaffee then stated that whereyet been evolved, Mr. Chaffee stated, j ever the plan had been tried it had Politics is eliminated, ward and pre- j spread. From Dayton it was taken cinct c hairman will not have a finger I up by Xenia, Springfield and 18 other in the pie and the tax payers will getCjties in Ohio. "If it had not been a the most for the least cost, he i success in Dayton it would not have stated. been taken up by these other cities. The meeting in the eighth ward Kone have showed an inclination to Wednesday night was the first public j return to the old system," he said, meeting held in the city and is the j "People who are opposed to the forerunner of similar meetings to be ; pian either do not understand the law held in all the wards of the city by ; or nave some ulterior motive. I be-

the advocates or tne city manager rorm or government. Bailey Presides. Jesse Bailey, citv chairman, presided at tne meeting and stated in his opening remarks that the campaign was in

its infancy, but that he planned toj He concluded his address by stathave a campaign which would point ing that he would urge on the people out the good features of a city man-1 that the city manager plan be given ager form of government and show ; a chance. That it could not be any how it would benefit Richmond. worse than the present system, and

He urged that people of the city look J at the question in its simplest manner and not make it intricate and hard. He pointed out the school city a? an example of managership in govern ment, stating that tne similarity was i very close between a city manager and a school superintendent:, ronuo eliminated, board members served without appreciable remuneration, he declared. Points Cut Features. Mr. Chaffee in his address pointed out the following features: That the object of an educational campaign such as was being carried on was to enable the people to understand more clearly the city manager (tuestion and to vote intelligently for a change at the election June 14. That conflicts between council, mayor and board of works were not characteristic in Richmond at this particular time, but were general wherever the aldermanic system was in practice. The restlessness of the people evolved the commission plan of government, which was tried out and proved some better than the old system. Then the city manager plan was inaugurated, which has seemingly been the long sought for remedy. Mr. Chaffee stated that he had yet to find a city that has gone back to the old form. Makes Comparison. A comparison was then made between a corporation and a city. The tax payers being the stockholders, the commissioners the board of directors, and the city manager the superintendent of the plan. The return to the people will be made through lower taxes and more efficiency according to the speaker. In answering the question which he URGE VOTERS TO HEAR HATTON MONDAY NIGHT Urgent requests that all persons planning to vote in the special municipal election to be held June 14, attend the meeting to be held in the high school auditorium Monday night, and which is to be addressed by Prof. A. R. Hatton, professor of political science in Western Reserve university, Cleveland, O.. are being made by the Chamber of Commerce committee in charge. Prof. Hatton, according to announcements, will give an impartial exposition on city government. Persons favoring or opposed to the manager form of city government are asked to be present. A short account about Prof. Hatton. telling where and when he was born, and the positions he has held, was given out Thursday. He was born in Vevay, Ind., in 1873; graduated from Franklin college In 1898 with a Ph.D. degree; graduated from the university of Chicago in 1907 with the degree of LL.D.; has been professor at Western Reserve univer sity since 1907; is field director of the National Short Ballot organization since 1917; director of service in the National Municipal league since 1920; and is the author of "Digest of City Charters," and many other articles on city government. During the past four years, Prof. Hatton has been engaged full time in giving consultations on city or state I governments.

on Avon, the bard's home, observed

ijeVe that many are honestly and wholeheartedly oposed to the plan, but if they would study the plan and put all motives aside, they would agree that it is the best thing for Richmond." that the people of the city had everything to gain and nothing to lose by trying the experiment. MITCHELL RESIGNS CHARGE TO ACCEPT CALL TO CALIFORNIA Andrew F. Mitchell, pastor of South Eighth street Friends street, has re- ! signed to accept a call to the pastorate ! of the Friends church at Lindsay, Calif. The Rev. Mitchell's resignation asks that he be released by Sept. 1, 1921, at the latest. The matter Is now in the hands of the pastoral committee, which will present the resignation to the congregation next week. In August of this year, the Rev. Mitchell will have served four years as pastor of the local church. Before coming here he was for 11 years pastor of a Friends church at Long Beach, Calif. Francis Anscombe was pastor of South Eighth street Friends preceding the coming of the Rev. Mitchell. Family in Golden State. An attachment for California was formed by the Rev. and Mrs. Mitchell during their residence there before coming to Richmond. Another factor in the decision to accept the California pastorate is that two married daughters and one married son live miich rioser tn the new floirt than thev io to thP local rhnrrh Twn nf their children live in California and one in Oregon. The Rev. Mitchell said Thursday that Lindsay, Calif., the location of the new pastorate, is situated in the Joanquin valley, close to Mt. Whitney. He said that it is a rich citrus district, the weather being warm the year around. The church of which he will be the pastor belongs to Berkeley quarterly meeting of Friends. Expression of pleasure for the association with Richmond people was voiced by the Rev. Mitchell. He acknowledged regret at leaving so many with whom he and Mrs. Mitchell have become warm friends. CAMBRIDGE BONDS ARE SELLING FAST CAMBRIDGE CITY, Ind., May 12. Subscriptions to the amount of about $20,000 of the recently authorized $S8,000 bond issue, already have been entered on Ihe list, according to Charles Kerlin, who is circulating it. This was one day's results, as the list lirst. appeared on Wednesday. " The issue is being sold to refund the Indebtedness of the city. The bonds run from one to five years, are non-taxable, and bear six per cent interest, payable semi-annually. The bonds could have been sold through an Indianapolis investment company, says Mr. Kerlin, but the city council thought that citizens would take the bonds themselves, saving a commission of about $2,000 besides fees ind other miscellaneous expenses. There are liboral subscriptions from the tanks, and in addition from several citizens. The larger number of subscriptions, however, are in small amounts, from $50 up.

Says Co-operation Is Needed

Among Taxpayers of Fine Building Will Be Lost to the County. PLAN SPEAKING TOUR Urging active co-operation of voters of the county in starting a movement for the erection of the Wayne county memorial building, Howard A. Dill, speaking before the Kiwanis club Thursday noon, stated that unless the movement was started at once it was liable to lapse and Wayne county pass into history without paying tribute in the form of a memorial to the men! who sacrificed themselves in the re-1 cent World war and other wars of the : past. The committee in charge of the S preparation of the original plans and j specifications for the building are j planning a speaking tour of the county to present the memorial proposition to all citizens and urge them to take an active interest in the movement. "Every one wants to remember the soldiers, but the question is how this can best be done." Mr. Dill stated. Provide Means The state legislature has provided a means whereby counties can erect such a building by taxation. As a result of this law Wayne county commissioners appointed a committee to draft plans and secure architectural drawings for a building. This was done and submitted to the commissioners, Mr. Dill stated. The next step is up to the voters of the county. A petition with a certain percentage of voters of the county as signors must be presented to the commissioners, who advertise that it has been received. If a remonstrance is prepared with more names than are on the original petition the proposition is thrown out, otherwise it is carried through, according to . the speaker. Appoint Board A permanent board of directors or trustees is then appointed consisting of three appointed by the county commissioners and two by the judge. They can change all the previous plans submitted if they desire; they are in charge of the construction of the building. ' Mr. Dill presented plans and drawings of the building a drawn up by the temporary committee. He said the temporary committee had gone as far as its power extended and urged that the voters of the county take the matter on through to the erection of the building as proposed. A bond issue to finance the building, extending over a period of 20 years, was recommended by the speaker. He stated that there were two methods, one by direct taxation and the other by the bond issue. If the former plan was used all the money would have to be in the county treasury before the work could be started. Mr. Dill stated; this would postpone erection of the building for several years. With the bond Issue sold the construction of the building could be started immediately, Mr. Dill stated. Twenty-six volunteers to help raise money for the Community Service work to be carried on in Richmond were secured by Ora Stegall, president of the Communitl Service committee in this city. He asked for 12 teams of two men each to assist in the campaign for funds. HIGHLEY BOOSTERS WILL LEAVE FRIDAY FOR STATE MEETING John Highley's boosters of Tost C, Travelers Protective association, will depart for West Baden over the Penni sylvania railroad in a special coach ! at 8:45 o'clock Friday. They believe that he will be elected president of the Indiana division, even if few of the delegates from the various posts are pledged to neither candidate. A special train will carry the T. P. A. members from Indianapolis to West Baden. Mr. Highley is one of the most prominent members of Post C, and has been one of the active members in state affairs of the organization. Many years have elapsed since Post C has been honored with a state office. Members believe that the post i3 entitled to an office this year. Is Well Qaulified They assert that Mr. Highley is splendidly qualified for the position and that he will be a capable leader of the state organization. He possesses a high degree of executive ability, his friends say. The Richmond delegation has perfected a fooster organization which will do its utmost to obtain the election for Mr. Highley. Among those who will depart for West Baden Friday are: Mr. and Mrs. E. E. Lebo, Mr. and Mrs. A. E. Holmes, Mr. and Mrs. J. P. Highley, Mr. and Mrs.. Clarence H. Kramer, Mr. and Mrs. Ben Cv Bartel Mr. and Mrs. O. H. McKee. M'j- and Mrs. Thomas Tarkleson, Mr. and Mrs. Joseph H. Mills. Mr. and Mrs. Fred Miller, -Mr. and Mrs. Thomas Porter, Mr. and Mrs. Marcus L. Hasty, William Kramer and daughter. Mrs. William Quigg. Theodore H. Hill and nieces. Miss Dorothy Dilks and Mrs. Grace Weller, John A. Evans, G. A. Dwiggins, L. C. Niewoehner, C. S. Heet, John E. Peltz, C. B. Beck, Charles W. Jordan, John Zwissler. Leroy E. Brown, Alexander Gordon, E. F. Klehfoth, J. E. Thatcher, Walter H. Bates, Roy C. Fry. T. C. Harrington, William H. Bartel. Jr. The party will be joined at Indianapolis by Mr. and Mrs. M. E. Shreeve, formerly residents here.

The "back capitol" The "back capitol", used as a meeting place by congress from 1815 to 1819 while the capitol was being rebuilt after its burning by the British, has been purchased by the National Woman's party as a national headquarters. The building was used during the civil war as the capitol prison. It faces the east front of the present capitol.

Lew Shank Throws Wrench Into Operations of Politics

PALLADIFX SEWS BIREAU WASHINGTON, May 12. Lew Shank, fresh from his victory in the Indianapolis Republican mayoralty primary contest and wearing his laurels tilted at a rakish angle, has just returned to the Indiana capital after a brief visit in Washington. While here Shank indicated quite plainly that he again considers himself a power to be reckoned with in Republican politics in Indianapolis. He did not hesitate to ask for the appointment of Jack Henley, former secretary of the Indiana Republican state committee, as collector of customs for Indiana, and for the appointment of Ed. Robinson, one of the three entries in the mayoralty contest which Shank recently won so handily, as postmaster of Indianapolis. It is admitted that Shank occupies a strate gic political position as the result of his come-back. The appointment of the collector of

customs for Indiana is included in the 1 l "jf the appointment does not patronage of Senator Harry S. New, S 10 "eniey. and it has been generally understood that Ed. McDuff would receive thalOCn DYTH AN KTPR appointment. What situation will re.;UU I I I I1IMII OIO I LilO

suit from Shank s insistence that the position be given to Jack Henley is not apparent as yet. Bryson Mentioned Bob Bryson has been frequently mentioned as the probable selection for the postmastership of Indianapolis, one of the most desirable federal offices in Indiana. Shank's announcement that he has indorsed Ed. Robinson for the position may complicate matters. Under ordinary circumstances, the Indianapolis postmastership would be the patronage of Merrill Moores, who represents the Indianapolis district in congress. President Harding, however, has announced his policy for the appointment of postmasters, which provides that all candidates for postmastership will be required to qualify for appointment under civil service regulations, the selection to be made from the three candidates receiving the highest grades. Ed Robinson finished third in the recent Republican mayorality contest in Indianapolis, but he polled approximately 10,000 votes. Had he dropped out of the contest as he was earnestly urged to do by many of the anti-Shank leaders it is probable the bulk of his vote would have gone against Shank, which would have resulted in the nomination of Thomas Howe, former president of Butler college. Under Obligations It is generally understood that Shank feels under obligations to Robinson for remaining in the contest, ROBBERS UNDAUNTED BY POLICE BADGE (By Associated Press) CHICAGO, May 12. A uniformed poliseman assigned to escort a messenger for the State Commercial and Savings bank, failed to daunt five bandits today. They held up the policeman and the messenger and escaped with approximately $7,000. The bank messenger was 75 years old. When he and the policeman reached a corner they noticed five men with ladders and buckets, apparently preparing to wash windows. As the messenger approached, one of them hit him with a file and another knocked the policeman down with a bucket. The robbers" escaped in an automobile after forcing the policeman to walk away a block threatening to shoot him if he turned around. LET ASIDE ONE COUNT IN CONSPIRACY CASES (By Associated Press) ST. PAUL, Minn., May 12. The United States circuit court of appeals today set aside the first of the four counts in the indictment on which 25 members of the Industrial Workers of the World were convicted and sentenced to varying terms In the Leavenworth Federal penitentiary from the federal district court of Kansas. The three other counts were held valid. The first count which was found faulty charged conspiracy to hinder the execution of six different acts of congress and presidential proclamations intended for the carrying out of the government war program.

making it a three-cornered fight, and

as a reward to Robinson he is seeking to secure the Indianapolis postmastership for him. Shank s activities in behalf of Robinson is also seen as a harmonizing move and a bid for the support of Shank's candidacy by the Bookwalter element of the Repub lican party, which largely supported Robinson in the primary campaign. Shank's endorsement of Jack Henley for appointment as collector of customs is also regarded as an acknowledgement of the active support Henley is said to have given Shank during the recent primary campaign. For some time Henley has not been in the good graces of many of the Indiana Republican leaders, and his recent alliance with Shank has not improved his standing with them, it is understood. Senator New will next year be a candidate for renomination. Many of his friends resent Shank's efforts to force the appointment of Henley, seeing in it a threat to use the Shank political machine against the senator COMING TO RICHMOND; CHOOSE COMMITTEE With about 250 delegates from the 30 temples of Pythian Sisters expected here for the sixth district con vention, May 25. local Pythian Sisters! met in the K. of P. hall Wednesday evening to formulate plans and appoint committees to care for and entertain the visitors. The convention program has not yet been completed, but is expected in a few days. Mrs. C. W. Sturgeon, of Kokomo, state deputy, is directing the program arrangements. Grand officers from all parts of the state will be among those attending. Mrs. Maude Constable, the grand chief, of Goodland. Ind.; Mrs. C. W. Sturgeon, of Kokomo, state deputy, and Mrs. Edith Jackson, secretary of the state orphan fund of Pythian Sisters, are among those who are expected to attend. Reception Committee The reception committee has been announced as follows: Mrs. Clara Wadman, Mrs. Lou Wynne, Mrs. Belle Paisley, Mrs. Carrie Rich, Mrs. Sarah Fry, Mrs. James Harkin, Mrs. Irene Kemmer, Mrs. Nettie Genn and Mrs. Ida Huber. The committee on registration Is composed of Mrs. Nellie Myer, Mrs. Maude Shissler, Mrs. Anna Aiken and Mrs. Lucy Houts. Mrs. Lida Roser, past grand chief, has been designated to deliver the address of welcome. Entertainment, lodging and meal3 will be furnished the visitors by the local temple. Thirty members of the local temple are going to Spartanburg Thursday evening to assist in instituting a temple there. Several officers are expected to attend the Institution, among whom will be the state district deputy and mistress of records and correspondence. Weather Forecast MOORE'S LOCAL FORECAST Partly cloudy; occasional rains. Cloudy to partly cloudy and continued unsettled weather is in prospect for tonight and Friday with conditions favorable for occasional rains. Moderate temperatures will prevail. For Indiana by the United States Weather Bureau Cloudy tonight; probably showers in east portion Fri day; partly cloudy; no change in temperature. Temperatures For Yesterday Maximum : 65 Minimum 58 Today Noon 65 Weather Conditions Cloudy to partly cloudy and unsettled weather with general showers and local thunderstorms have prevailed over central, northern and eastern districts during the past 36 hours while it has been generally fair and quite warm over the western plain states. Hot wave in Texas. 96 at San Antonio yesterday. Cool waves In the far northwest and northeast. , Minimum temperature of 26 degrees at Baker City. Oregon and also at Northfield, Vermont, and 32 at East port. Maine. ; ;'. . Barometric Pressure 7:00 a. m. ...29.84 10:00 a. m. 28.86 Noon I....;.;.";.;. .29.83

Figures for 1917.

SAYS OUTLOOK IS BAD fBv Associated Press) WASHINGTON. May 12. Labor costs to class 1 roads were greater by 115 per cent in 1920 than they were in 1917. Julius Kruttschnitt, chairman of the board of the Southern Pacific, declared in a statement submitted today to the senate Interstate commerce committee. During the same period, he added, gross revenues of "the, carriers increased less than 54 per cent. Statistics on labor costs were given by the witness who was rross questioned after his direct testimony of the past two days by members of the committee, which is inquiring into the whole railroad situation. Since the Adamson law was enacted, he said, "labor costs have been increased by government action by $2,229,639,957." The total for 1920 he added wa3 $3,698,216,351. Shows Increase. The statement said in part: "The labor bill to the carriers in 1916, which was before the Adamson law took effect, stood at $1,468,576,394. "In 1917 when the Adamson law was in effect, the aggregate compensation of the employes of the carriers of class 1. amounted to $1,739,482,142; in 1918, the labor cost was $2,613,813.351; in 1919, $2,843,128,432. and for 1920. was $3,698,216,351. "The figures given are actual. The increase made in 1920. however, was in force only a part of that year." Before going into the question of freight rates. Senator Townsend auestioned the witness about government control. "You think one factor in bringing the roads to their present condition was neglect of maintenance during the period of federal control?" asked the senator. "I do," Mr. Kruttschnitt replied. "Was there any action on the part of railway employes to retard or Injure operations under federal control?" Says No Action. "No action, though there was a great fall in their interest in the work when the workers began to transfer their attention to the central authority in Washington and away from their local officers and local lines." "If I understand you" continued Senator Townsend. "You have got to nave neany a Ditiion dollars a year more tha you are getting now to oper ate these roads properly. How are you going to get it?" . "There are only two ways, increase revenue or reduce expense," the witness replied. "That is the economic law. The outlook is anything but encot'Tiging: extrpmely bad." You will still be short when you have reduced expenses?" First Relief . "The first relief, and it is substantial, will come from a reduction in common labor cost." said Mr. Krutschnitt. "Farmers along our lines are employing men at $1.75 a day for 10 hours. The railroad labor board requires us to pay several times that. Railroads must be allowed to purchase their labor at market prices, but the board is very slow to act. "Some of the press reports are getting my proposals wrongly. I have advanced reduction of labor costs aa the first and most necessary step. The . chief hope lies in reduction of railroad expense. What I have said about the Panama canal and highway competition only bore upon the possibility of increasing revenues." WESTGOTT DENIES SERVING AS COUNSEL IN BERGDOLL CASE fBv Associated Press) WASHINGTON. May 12. Judge John W. Westcott, of New Jersey, reappeared today at his own request before the house committee investigating the escape of Grover Cleveland Bergdoll to reiterate that he had never

served at any time as counsel for the slacker. Bringing his wife and son and other witnesses. Judge Westcott fsM they were present to testify that after being asked to assist the Bergdoll defense he consulted them, and It wai on their advice that he refused the offer of employment made through the late D. Clarence Gibboney. Philadelphia lawyer. Had No Connection "I want to say regarding quesUoiu about my appearance before the federal grand Jury at Philadelphia,' the judge said, "that Gibboney told me h went before the grand Jury and testified that I had no connection with the case, and that Is why I was. not called. Gibboney told me be declared to the grand jury that any man who attempted to drag me In : (he case ought to be shot." - ' ' ! ' '" The judge declared he had neve appeared in any court martial proceedings and never consulted a single witness in Bergdoll's behalf. The judge fought the privilege of. re-appearing before the committee in rlew of testimony of Samuel T. Ansell -and Edward S. Bailey that be was counsel of record, which he Indignantly denied. . . ' " , - i .... -