v v. 4 I i H H IW k U ffc- Kfcr &! 171 ERRORS ASSIGNED i FIFTH WARD TRIAL Defense Contends Judge Hausc Made Mistakes in ' Charge One hundred nnd iieventy-ono pur ported rfnponn why the defendants In the Fifth Wnrd conspiracy cAstn should have a new trial are contained In tho petition -which William A. Oray,' coun. net for former Common Councilman laaao DeutRch, Tollce Lieutenant Den nett and the five convicted natrolmnn filed today In the Chester County Court, The petition will be nrgued before Judge 'itause In West Chentcr Monday, OcTofier 28. Thirty-seven of tho alleged eimr cited by Oray relate, to the trial Judge'n charge to the Jury nnd the other 1S4 deal with the admission of evidence Against the defendant. -, Judge llause, the trial Judge, accord ing to the petition, erred In ndmltttnir Almost every Important link of the con spiracy evidence. The petition charges that Judge Hnu'C erred first when he permitted the Dis trict Attorney of rhllndelphln to con duct the prosecution In Chester County, and that he erred In denying separate trials and separate jury challenges to each of the defendant. -t Objection Is made to the admTsilon o Tsadore Stern's tertlmony of his attempts to lndu.ee Mayor Fmlth to stop the Fifth Ward lawlessness: of Sanluel O. Molo ney's alleged telephone conversation with William 1Z. Flnley and his alleged con- nectlon with the $1000 note which was to, pay for the service of the gunmen The refusal of the Judge to let Oray dir Into Mnloney's pint actlxltles In order to.nttacK nil creuiDimy as n witness lr cited as an error. Oray also charges It was a mltnl to comp'l Magistrate i;erscn to lesurv and Petectlvc I.e Strange should not have hecn compelled to testify about his reports warning tho Mayor about Fifth Ward conditions. The testimony of "Utile Nick" Tlltt Lieutenant Wood's reeltal of his or ders from Ciptaln Tate, and the tes timony of lloagland, the bank clerk about tho $1000 note, Orav contends should not have been admitted. In conclusion, tho petition charges that Assistant District Attorney Tnulanr should not hne been permitted to cross examine witnesses who appeared to have been tampered with and that the Judge should have taken action op complalntn concerning newspaper re ports of tho trial. CHANGES AT U. OF P. Dr. Allan J. Smith Made Dean of Medical School Deans of the various schools of the University of Pennsylvania were elected at the meeting of the board of trustees yesterday afternoon. The relgnntlon of Thomas S. Oates, of Drexel & Co., as one of the man aging board' of the University Hospital was accepted. Thomas Robins was elected to fill this vacancv. The election of tho deans Included tho following chances: H. D. Kavans - takes the place left ncant ns dean of the Towne Sclent'flc School by John Fraser. nnd Dr. Allnn J. Smith fills the post of Dr. Wllllnm Pepper as dean of the meaieai scnnoi. Following is mo rcviseu list or deans: A. II. Qnlnn. college: H. B. Kavans, Towne scientific: W. McClellnn. Whar ton; F. B.- Graves, education; II. D. Ames, graduate; W. K. M'kell. law; Allan J. Smith, medical ; Charles Turner, dental: William J. Lcntz. veterinary. TO CONTROL COFFEE PRICES Food Board Will Also Appeal for Voluntary Conservation The food ndmtnlstrntton Is lng to control coffee prices frepar n the United States and to bring about n cur taiimcnt in consumption through olun tary co-operation. Coffee control Is to be effected hv action taken by the wnr trade board In hew regulations providing thnt permits for Importing coffee would be Issued only to the sugar equalization hoard. The board will distribute the coffee through the usual channels of trade, but, halng control of nil supplies, will be In a position to exercise price control and stop speculation. All outstanding licenses for Importa tions of coffee hnve been reoked as to shipments after October IS. The food administration Is desirous that every householder economize In the consump tion of coffee In order to free ns much tonnage as possible for transportation of the army. Imports of coffee exceed 50,000 tons each year. - THREE HURT BY AUTO Swerves to Sidewalk, Then Smashes Through Window Three persons jvere injured ana n plate glass window wns broken by an automobile at Oermantown avenue and Price street last night. The machine was owned by T. B. Hammer, 30 Gowen avenue, Chestnut Hill, Bnd driven by William Bright, tnlrty-four years old, 78 West Duval street. Mary Flaherty, 581S Lena street, was struck by the machine as It was running along Oermantown avenue. Th. car swerved to the sldewqlk and struck Dena Balner, fifty years old, a negro, 17 West Duval street, and William Laf ferty. 52S Wakefield street. The machine then crashed Into the plate glass window In the Jewelry store of F, S. Itelck, 5733 Oermantown ave nue. . CAMDEN FARES HIGHER Seven-Cent Schedule Started To day With Riders Protesting Carfares In Camden nnd Gloucester today were Increased to seven cents. Although notice was given three weeks ago of the advance In fares, there were no ends of complaints from rid ers. Increase In the cost of operation v.neniMv in irlven bv the Public &Vrv- Tee Corporation , as reason for the ThJ New' York Shipbuilding Company operates two special trains from Cam- aen io me yaras ior iruim uit cent fare. McNlchol Declinei Renomlnation Representative Thomas F. McNlchol, Vare leader on the Moor of the State House of Representatives list session. AtmA aW vua nl r-nnimtllvpl In InQ seventh legislative district, yes'erla that he will not be a candiaate ior re- election. te wan rciiuiuumicu ". last 'prlmarlee, after serving since itll. S3&WJ&Z 8V.W1CK R. " SAVE MONEY Blank Books, Stationery At Tre-Wr Prices Manila Copy Atenegrsphers' 1 1( pr 1000 1S per Po. i- Mttfr it" j FIGHTING dOUSINS GASSED, ONE ON SEA, ONE IN FRANCE Sam Peters Injured During Bat' lie lietwecn Mcrhantman and Foe Submarine Elivood W. Buck Hurt in Motor cycle Corps 'Many Relatives Arc Scrappers CHIEF rHTTY OFFICEIt BAMUEL IETKIW, gassed during a fight be tween a submarine nnd n merchant ves sel. Is (he son of Fred Peters, a patrol man of the Belgrade nnd Clearfield streets police station, who Iltes at 4113 Onrden street, Drldesburg. . The family Is known throughout the northeastern section of the city as "The Fighting Peterses." Fred I'eters, the father, has tried four times to enlist, but has been turned down each time, much to his disgust. An uncle, Walter Peters, has been In the navy forty years, and Is still on active duty. He took part in the battle of Santiago In the Spanish-American Wnr, when Cerera' fleet was destroyed, nnd made the trip around the world with Uncle Sam's warships back In 1908. . Samuel Peters has been In the navy two years, nnd has served on merchant vessels, transports and destroyers". It wns while nctlve on on nrmed guard on a merchantman that hi was affected by gas from a shell fired by a U-boat. A cousin. Klwood W. Duck, Is a motor cycle scout In the signal corps, and Is now In France. By a coincidence he was gassed recently while carrying messages for his colonel. Both Peters nnd Buck are getting along all right, however, and will soon be out nnd about, rrhnte Duck's parents lite at 2251 North Fourth street John Schloffer, nnothcr' cousin, li In the regular army, nnd Is also In France, while Itawlston Cooper, still another cousin, is helping to guard the Texas border. FORCED WAY INTO MARINES Wounded Mnn Was Once Reject ed, But Profited by Mistake Rejected by the marine corps exami ners In this city. Corporal George V, Mc Ilhenny. of 115 South Forty-third street, went to Dnltlmorc and. profiting by his mistakes at the test here, managed to have himself ac-' cepted by the re cruiting officer In that city. "I wai deter mlned to Join the Devil Dogs,' " he lold friends here. "They turned me down the first tlmo because of a slight defect In my hear ing. Hut I woa ready for them on a v sriLPHENNEY The fact that he a. tM ii.Hts.Nbi wgg promoted to be li petty ofllcer soon after reaching France proves that his hearing was plenty good enough for serlce on the fighting line. Corporal Mcllhenny was severely wounded in action Sentember 15. accord ing to a cablegram to his Bister, Mrs. Krazer Bllyou, but has n lighting chance for recovery. He Is twenty-four years old and was formerly connected with Folwcll Brothers & Co. nnd with the wool Tiousc of James Bateman, HOSPITALS ARE MERCED Scarcity of Nurses Forces Union of Gloucester Institutions Scarcity of trained nurses In Glou cester has led to a merger of the emer gency hospital of the Pusey & Jones shlpynrds In the old Thompson Hotel building nnd the hospital at tho Immi grant station. Dr. C. F.Taylor, of the service department of the shipyards, suggested the change, and the Board of Health decided to accept the sugges tion. A number of patients were trans ferred to the detention house today. There were six additional deaths yes terday, making a total of ninety-nine to dnte. Tho shipyard situation continues to Improve. There were nbout 600 more employes returned to work today than there were on Saturaay, The epidemic will cost the dty about $20,000, and an effort will be made to collect much of this money from the persons who have been cared for by the doctors hired by the Hoard of Health. A record nan been kept nt each call made by tho nhyslclani. nnd Allen Itedfleld, the- pecretnry of the Hoard of lieann, win sena out outs io eacn one at the prevailing rates of local doctors. Pflffl GETS A MESS HALL Commandeers .Chocolate Ware house for Students' Army Corps The problem of the mess hall for mem bers of the student army training corps at the University of Pennsylvania has been solved. Major Charles T. Griffith, commandant, announced last night he had commandeered a warehouse of the Croft & Allen Chocolate Company at Thirty-third and Market streets. The warehouse will accommodate at least E000 students. The removal of the gymnasium swimming pool to construct a mess hall was first considered, but It was decided the pool would be of far more, benefit to tho University. An effort also was made to obtain the Com mercial Museum. Galvanized Boat Pornpi L. n.Henrr Co.. SO V til t. mmt I.W, MmTHTW .l. $1 PER WEEK PIAMONDH WATC1IKS JKWKI.IIY On Credit at Ot.h rrleet ne peeuncr Required $30, worth $50 Call. Writ or Then Wm. O'Donnell 13S. lXHh Open Hat. Ke. OFFICES FOR RENT S Kooms In Ilrexel Bulldlnr, totaling 1700 .. feeti lultabl. for drafting or ofneo porpo.M, Apply lOtt Drexel Uulldlng, Warner Truck Trailers Two and Four Wheel Type Yt Ton to 7 Tons Capacity INSTANT TlKT.rVKRY JOHN W. ADAMS. Distributor 1427 Melon Strat ASHER&SONI SIlfcL Y0 NKKD AN I'NKK- 'm i I r-SSsaBsssar-w i. M I fe i.ij'n remrqjner mat mined and proficient tn ar bet. W employ no otkoro, and require In addition roorteojr, tart and roRnement. TOW DUKES' REGULATE THE PXJBlilO i l.vvu. t -n l i eB v fnr wSi?i' BMfywV OF FIGHTING STOCK (Above) Samuel Peters, of 4813 Garden street, Drldesburg, and (be low) Elwood W. Buck, of 22SI North Fourth street, Philadelphia MAJOR BERRY RETURNS i Port Collector's Son Says Soldiers Want No Peace Now American soldiers in France do not believe this Is the time for peace. That Is tho message brought back from the western'front by Mnjor Benja min S. Derry, son of Collector of Port William II. Berry, fresh from the trenches, where he won promotion and two war crosses. He was In Philadel phia for Beeral hours visiting his father, before coing to Wasnlngton. "Our boya in France are confident and cannot be convinced that the time has come for peace," Major Berry said in approving the reply of President Wil son to Germany, "In fact, tho only trouble with the American soldier k a fighter Is thnt he doesn't know when to stop fighting. "German prisoners have told me thnt the Huns are onlv fighting now be cause loaded revolvers are drawn by the otllcers and pointed at the hacks of the men prior to an attack. The German Is no fighter unless he has an officer about him. At other times he goes all to pieces. Americans are anxious to kill the Huns nt any time and the Germans know it well." my-' mxms U V SlLVEKSMltHSAKCSlvaiflKEttS M( Gifts Selections are now complete. An advance choosing is advised, as replacements in many instances will be impossible ibis season. Diamonds Jewelry- Watches Clocks Silverware Ei Have you seen those very unusual 'Madras Shirts that Reed's are selling at $1.50? They are made of a "through and through" Madras (not a printed fabric) in a 'fine assortment of pat terns and colorings. They would have been good prewar value at $1.50. Judge what they're actually worth now. Plenty on hand at present, but they're going rapidly. Jacob 'Reed's Sons 1424-1426 CHESTNUT STREBT bo1.WJ...!1'm;: i : liiliHU:;.iin-lir.jl.ii'li)'.r-ll')iii;'iii-iirHl-i' il- Fight the Hun of Disease and drive the rmlrons from the blood by drinking the fnmqus Mountain Vnlley Water. Today, more than ever before, recognized (or ts wonderful health-giving propertleB. MoxmtainValley Water Drink It to Get Wei! Pure, Palatable Llttlffim - PHILADETiBHIA, TUESDAY, SLAIN AS HE FIGHTS BESIDE TWO BROTHERS One -of McGinn Boys, Oper ating Gun.Togctlier, Re ported Slain Private Joseph McGinn, killed In ac tion In France, wns the youngest of three brothem, all of whom enlisted the same day, July 6, 1918, In the old Second Ar tillery, N, O, P. They were assigned to the same company and had helped han dle the same gun ever since the regiment landed in France last June. A stray shell killed Joseph McGinn September 7, according to an official tel- egrofn from the War Department, re ceived by his sister, Mrs. Mary Miller, 7307 Oak avenue. Oak Lane, but his brothers, Frank and James, escaped In Jury. Mrs. Miller lu Inclined to doubt the accuracy of thj War Department's report, ns she has not heard a word from either Frank or James In corroboration of the official notification. The three brothers were well known tn thi Oak Lane section, all being big, husky chap, fine all-round athletes nnd leaders In their set. All three gae up Hood Jobs to enlist, Joseph being an ex pert glnMblower. while his brothers worked nt Mli.nle. Joseph McGinn was twenty-three, James Is twenty-four and Frank Is thirty enrs old. They were trained at Jenkln town nnd Liter nt Camp Hancock. James was' slightly deafened by a premature explosion of a shell nt the prolng grounds a,t Cnmp Hancock and was ghen the chance to get Into one of the non combatant units, but Indignantly spurned the proposal .and Insisted on going to France with the regiment. The last letter received by Mrs. Miller was from Joseph McGinn, who usually attended to the correspondence for his brothers n well is for himself. It was dated August 24 and raid all three were well and liked their Job. LT. GILBERT DOOUTTLE KILLED Brother of Penn Professor Meets Death in France Lieutenant Gilbert Doollttte, of thai 303d Knglncers, a New York regiment, and brother of Professor Krlc Doollt-1 tie, head of the department of astron- omy nt tho University of Pennsyl-I nnlu. has been killed In action, accord- lng to nn official telegram from the War Department, receUed by his par- entf. Dr. and Mrs. Charles-1 Doo- m M,. tiKi nin. -ri n t-.iii.i Is professor emeritus of nstronomy nt Penn, halng been succeeded as active head or thnt department In 1912 by his son. Professor Krlc Dootlttle. Lieutenant Doollttle Is a graduate of ,ic..Frri,Lvr.f,nv lv'v.1l!i' ut hJls lived mostly In New ork and Canada. He secured his commission Inst sum. mer and wns stationed at Camp Dlx until May of this year, when he was sent to France In advance of his regiment. He met his death on Septembed 25, ac cording to the official notification. Lieutenant Doollttle's wife, who was formerly miss irons Henderson, of Mon I treat, Canada, and their two daughters, (hae been living with her parents since he Joined tho colors. M.i.itin.iiKij;: - nn.liili,i:r;ii' WllU'lllllBWWlBlllllfflll'lllllVJiii Drink It to Kmp Weil and Tasteless yiBWiwwHflffinMEflEWttiEWKffll BROTHERS IN SAME COMPANY jHrjBl Kr eLbEiI siLw &s&!&Lb iLLLLLLLLbbbbVLkI siLbbbbR'.v N4bbbbbVbbW. BBBBBBBBBBBBBBBBBBBBBBBb1 BBBBBBBBBPtIr'f 'I''-r J V'i.BBBBBBBl Jamffs,Mc&ifrO FvrK Thete three brotheri, well known In the Oak Lane section, enlisted on the same day in the old' Second Artillery, N. G. P., and served in the same company on the battleline , SALVATION ARMY LASSIES KNO W NO CREEDS IN FRANCE These Women Work Among Soldiers, Comforting the Wounded and Cheering All Without Complaint, Winning Respect and Praise, According to Letter Received Here lOLONCL HOLTZ, of the Salvation voices of critics who condemn sending VArmy here, has receded an inter- . cstlng letter from Prlate Woltcr Wes ley fmlth, of the Twenty-eighth Infan try, First Division, now In France. Walter Smith, tho writer, wns brought to Philadelphia from Cleveland by Colo nel IIoli. He worked about the Salva tion Army headquarters and attended Temple University In the eenlngs. His letter, dated September 5, follons: "My Dear Colonel Holt We were In a. bomb-proof semldugout, In the heart of a dense forest w Ithln range of enemy guns, my Hebrew comrade nnd 'I, . "We were talking of tho fate thnt brought Us here, of the conditions as we left nt home: there was the thought of what 'might' happen If we w ere to re turn to America minus n limb or an eye; we were discussing the great economic and moral reform which Is a certainty after the war, when through the air came the harmonious tramming of n guitar nccompanlng a sweet feminine voice, and we heard, "Lend, kindly light, amid the' encircling gloom. Load Thou me on; The night Is dark, nnd I am far from home. Lead Thou me on ; Keep T"0" mr tfrl- l do not ah to " the distant scene; one step enough for me.' "It wns the Salvation Army. In a desert of human hearts, many of them wounded with heartache, those brave. brae servants of the Son of Da Id, come (n h.r us un and mnki llfn mnn. cnecr ua up ana raane mo more bcnJatolc "In-our outfit nre Oroeks, Italians, Bohemian. Irish, Jews nil of them jloynl Americans, and the Salvation Army Inezes each with an impartial self-sac- riflw wlch houll forever still the S J. E. Caldwell & Company A Superior Precious Metal For Mounting Jewels , J. E. Caldwell & Co. take pleasure in introducing and recommending the, new twenty karat gold for mounting and re mounting jewels. f Its color is white and especially Harmonious with diamonds; and its unusual durability insures perfect adaptability to the delicacy of design characteristic of modern jewelry. DARE YOU DESERT OUR FIGHTERS IN THEIR HOUR OF DIREST NEED? BUY MORE BONDS! An Emergency Announcement The Charles E. Hires Company Manufacturers of Purock JWater 206 Sc 24th St., Phila. OCTOBER 15, 191S- McGi(.rrj Jo&ph MeQiwvj Armylasslcs oer here. "Women nre ndmlred, almost wor shiped, but respected and B.ife. Men by the thousands would lay down their lives for the Salvationists, and not till after the war will the full results of this sac rifice by Salvation Army workers bear fruit. Dut now with so many strong temptations to go tho wrong way, here are noble girls, roughing It, smiling nt the hardships, singing songs, making doughnuts for the doughboys, nnd al ways reminding us, even In danger, that It Is not all of life to live, bringing to us recollections of our mothers, sisters nnd sweethearts, and If nny one ques tions, 'Is It worth while?' the answer Is A thousand times yes.' I can't refrain from sending my hearty thanks for all this scrlce means to us." SHIP BOARD TO HELP SICK Emergency Hospital Is Opened for Epidemic Influenza Sufferer" An emergency hospital for influenza sufferers In th employ of the Hmcr gency Fleet Corporation has been opened nt 2101 Spruce street under the direction of Lieutenant Colonel Philip S. Doane, of the shipping board. The Jiospltal staff was recruited from various places. Including the University of Pennsylvania medical school. Charles Plcz, of tho fleet corporation, said riveting records have fallen be tween 30 and 40 per cent, nnd 'there has been a corresponding decrease In tho production of fabricated material. On account of a greatly reduced force, it is impossible to manufacture and deliver, the usual quantities of Purock Water. We earnestly ask our customers to co-operate with us until -an improvement of conditions enables us to deliver their requirements as before. If those who are entirely out of water and are urgently in need will advise us, we will endeavor to. give them preferential service. We feel that it is your wish that as far as possible the demands of sickness be first served. MAJOR MOISOrf A MEM Philndelphian Wins Cross for Great Work at St. Mihicl Twice wounded In the first advance of the Americans at St. Mlhlel on Sep tember 16, Major Henry w. nun., ... t.n.i nr. rmrm nt I7n(l Commercial Trust Building, remained at the head of Ms battalion until tne nssaun -Ished and the task completed. For his heroism he has been awarded the dis tinguished service cross. , Mnjor Hobson resided here with his former guardian, A. I). Parker, 678 Drexel Building. Before sailing for France with tho 356th Infantry, the ma jor was mnrrled to Miss iMmonla T. Bryant, of St. Ixiuls. He- Is n gradu ate of Yale, and was sergeant major of a Yale unit on tho Mexlcnn border. He had planned to begin studies for the ministry when the United Slates entered the war. At the officers' train ing cnmp. Camp Kunston, ne was com missioned major. captain and later becamo WOUNDED MAN CRAWLED MILE Local Guardsman Writes Home of Thrilling Fight How he crawled a mile and a half to a first aid station after lying woumleo In a trench for eight hours, la described by It A. Flnley.. a prlnte In Company B, 109th Infnntry, In a letter to his rihnr ThmnsK J. Vlnlev. 2307 North Gratz street. Four comrades who were with him were killed. The letter which was written from a hospital In France, August 6. says. In "There were five fellows In the trench with me when I got hit. Four of them were killed outright. I got hit anom eight In the morning, nnd stayed In the trench until four In the afternoon. I shot a German right In the ribs. I then crawled about a mile and a half to the first-aid station and was then sent to a hospital. The place where I am Is a summer resort, and It Is cr nice." A perfect dinner demands Salted Nufn. favors, Bon Bona to harmonize with the table decorations H16 Chestnut 5t. mm .STM y m v , Our Winter Overcoats v are CrackerjacksTj ti q The first thing yoii want to know about ' them is their QUALITY. J It's a hundred per cent right! As fine O v e r c o atings as there are in the coun try today!' As fine as we have ever seen! Next thing you will look for is the PRICE. I Better and lower than you would ex pect to have to pay, all things consid ered ! CfWe went to it' ', early and got good iabrics at better fig- , ures than we would " have had to pay if ' we had straddled a M. fence and waited. v 1$Take $25, for-example. tJFine double breasted Winter"' Overcoats in Oxford and in blue. Some .' with velvet collars. Splendid values for $25. JAt $28 and $30, -dandy big - collar ""! Ulsters and loose- .' fitting rnodels that " are warm without weight. J At $35, $40 and up t o $65, assortment after assortment, and '' style upon style, of fine, big, warm Win- -ter Overcoats and Ulsters. ,' q And at $75 to $85, the kingpins of the Country! 4 Everything else for y Men's Outer Wear 'LM ... . . , ," xviotonsis' ana i Aviators' outlits, w $30 to $85 ) Perry & UN. B, T.H tf1 ',& ii ?. t : i T'ii .. Rl 5?"vi .'-a ii i. 'r: A ?i VI : Aid s 'VI iA o. : y "i r ia k. - w i v; tM fi j I r ' ,tvl ' 1 A 1 rmi 13- 'r Hk W1 i SmsfUit FREE 718 Chestnut St. Walnut 1 A WMSmAM Mgpuui ffr cgT wwi 3407 16th & CI rm - 7 iWIMOtTOI TW!?I T ,MMk"Ji .iJ&fe! ;fcfW,. ; ijtetdr. 1TUARTBR0S.C0.Jrc b 8BemBbBBBbbIIIbIMBmBHBBbBI