With tears dimming his eyes, Herbert W. Sperry, a railroad engineer, of Pueblo, Colorado, gazed today on the death stilled face of his brother–killed in the "battle of Rincon Hill."

"He was a good man, never in trouble," the brother said, standing beside the casket in the parlor of Duggan's Mortuary, 3434 Seventeenth street.

"He served in the World War, a sergeant in Company A, Twenty-first Engineers and three of us five brothers were in the war."

Deeply affected, Sperry said he last saw his brother three years ago when he visited him at his Pueblo home.

"I hadn't heard from him in some time. Then I picked up the newspaper one morning, to read about the strike riots in San Francisco, and I saw a photograph of my brother–lying dead on the sidewalk."

Sperry was escorted by Al Crosiglia, a member of the International Longshoremen's Association relief commitee.

The question of a color guard by the Veterans of Foreign Wars was still up in the air before the scheduled interment of Sperry at the National Cemetary, in the Presidio.

Department Commander Edward M. Secord had sharply criticized members of the veterans' organization for marching in uniform during the funeral procession of 10,000 labor men.

"The men had no permission or sanction to march as veterans in uniform," Commander Seacord said, adding that he was investigating Sperry's war record.

"Members of the veterans' organization should merely have particpated as private individuals, without their vet caps," he added.

Adjutant Charles J. Gavin said he was waiting to interview Sperry's brother, who arrived with several other members of the family from Colorado, before deciding on whether a color guard of war veterans would particpate in the burial ceremony at the Presidio.

Strike sympathizers and the curious filed past Sperry's flower-decked bier at Duggan's Mortuary, 3434 Seventeenth street, again today.

A brief service was planned at the funeral parlor with Benjamin H. Trickler, manager of Duggan's , officiating. The procession was scheduled to leave for the National Cemetery, at the Presidio, immediately afterward.