The Key West citizen. [volume], June 29, 1954, Page Page 2, Image 2

About The Key West citizen. [volume] (Key West, Fla.) 1879-current

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Page 2
THE KIY WIST CITIZEN
PEGLER MUST
PAY FOR LIBEL
OF REYNOLDS
By ROBERT M. FARRINGTON
NEW YORK WV—Author Quentin
Reynolds today won a $175,000 cash
award and a token moral victory
in a federal libel action against
Pegler.
An award of $175,000 levied
against Pegler, the Hearst Corp.
and Hearst Consolidated Publica
tions, Inc., was believed to be one
of the largest, if not the largest
libel award ever made in a U.S.
court.
But the jury also awarded Rey
nolds only one single dollar to com
pensate him for loss of earnings,
damage to his reputation and men
tal anguish suffered over the past
four years from a defamatory
Pegler column on which' the $500,-
000 suit was based.
“I’m happy about the award,
but I can’t figure out how they ar
rived at that dollar,” Reynolds said
after the weary jury announced its
verdict shortly before 1 a.m. Peg
ler was not in court and the Pegler-
Hearst lawyer declined to com
ment.
Reynolds in the course of the
seven-week case had claimed he
lost a fortune in the magazine and
entertainment fields because of the
Pegler column.
Federal Judge Edward Weinfeld,
in charging the jury, declared the
column, published in 1949, was de
famatory and libelous in itself as
a matter of law.
He urged them to “use your com
mon sense” in determining what
compensation was due Reynolds
for his principal claims of injury.
In effect, the jury, which had
been deliberating since noon yes
terday, decided he was not injured
gravely at all.
The $175,000 was swarded as
punitive damages, which the judge
had explained took in “actual
malice . . . ill-will, spite, hatred,
intent to injure” and was alao de
signed to prevent repetition of the
offense and serve as a warning
to others.
For Pegler it was the end of a
carefully cherished claim that he
June Haver, Fred Mac Murray
Are United In Quiet Rites
QJAI, Calif. (A—June Haver and
Fred Macmurray last night
achieved their goal —a quiet wed
ding after one of the moat pub
licised of recent Hollywood ro
mances.
They slipped away from the film
capital for a double-ring, civil cere
mony at the picturesque Ojai Val
ley Inn.
The civil rites, churchmen have
■aid, will deprive the actress of the
sacraments of the Roman Catholic
Church, of which she is a devout
member. This is because she was
wed previously—in the church—to
musician Jimmy Zito and the brief
marriage ended in divorce. Mac
murray is a Presbyterian.
For both Miss Haver, 28, end
Macmurray, 45, the marriage cul
minated a romance each had en
tered after heartbreak. The actor’s
wife of 17 years, Lillian, died a
year ago.
Miss Haver became engaged to
Dr. John Duzik, a Beverly Hills
dentist, after her divorce from Zito,
but in 1939 Dr. Duzik died. Friends
said grief over his death was one
of the reasons June entered a con
vent early last year to study to be
come a nun. After seven months
■he left the convent and returned
to Hollywood.
The film colony had expected
Macmurray to marry the blonde
dancing star about July 6. Last
night’s quiet wedding, attended by
only seven relatives and friends,
emphasised the couple’s desire to
■void lavish cremony.
The rites were performed by Su
perior Court Judge Charles F.
Blackstock of nearby Ventura, with
Mr. and Mrs. 800 Roos of Holly
Truman Reaction
To Drugs Worries
His Physicians
KANSAS CITY UP—Harry S. Tru
man's condition was listed today
as improved although doctors still
indicated concern over his reaction
to drugs.
The former President’s recovery
from an emergency appendix and
gall bladder operation June 20 has
been hampered by his hypersensi
tivity to antibiotic drugs needed
In the treatment. His condition
still was serious and be showed
fatigue, Research Hospital re
ported.
A hospital spokesman said last
night that there was general agree
ment among Dr. Wallace Graham,
Truman’s physician, and other
doctors assisting in the case “that
hi* condition is quite unusual and
Tut*day, June If, 1954
has never been successfully sued
for libel. Previous libel cases have
been settled out of court with Peg
ler claiming he has never been as
sessed a penny in settlements.
The jury divided its $175,000 levy
among the three defendants: SIOO,-
000 against Pegler; $50,000 the
Hearst Corp., which distributes
the Pegler columns to 186 news
papers; and $25,000 against Hearst
Consolidated Publications, which
publishes the local Pegler outlet,
the New York Joumal-American.
Actually, because of a protective
clause in Pegler’s contract, the
Hearst interests and not Pegler
will have to pay the SIOO,OOO
levied against him.
Neither will he have to pay any
part of the $1 which was allocated
to all three dependants.
There was an immediate motion,
however, by Pegler’s lawyer to
set aside the verdict on the
grounds of excessive damages be
ing granted. Judge Weinfeld, who
will hear the motion Friday, mean
while granted a 20-day stay in the
award.
The jury also announced it was
deadlocked in a counterclaim
filed by Pegler which alleged Rey
nolds had libeled him in a book
review published in the New York
Herald Tribune nine days before
Pegler wrote bis Nov. 29, 1949
column.
In Pegler’s column, Reynolds
said he was depicted as a pro-
Communist, a nudist and a man so
unfeeling he would propose to a
widow on the way to bury her
husband. He said Pegler attacked
his World War II career as a for
eign correspondent for Collier’s
and “an absentee war correspond
ent.”
That column, Reynolds testified,
ended his 17-year association with
Collier’s and cost him $25,000 a
year, made him “dead” in radio
and television work (he estimated
this loss at $52,000 a year) and
was responsible for his being cold
shouldered in Hollywood, where he
once earned SIOO,OOO a year.
wood acting as witnesses. Rd|oß is
Macmurray’s business manager.
Also there were Miss Haver’s
mother and stepfather, Mr. and
Mrs. Andrew Ottestad of Los An
geles; Macmurray’s mother, Mrs.
Meiita Macmurray of Bel-Air,
Calif., and Mr. and Mrs. Don B.
Burger. The wedding was in the
Burger apartment at the inn.
The bride wore a full-skirted
gown of champagne silk with a
panel of French corded lace down
the front, A bat of lace and silk
matched the gown. She carried
cymbidium orchids.
Ater the ceremony, the couple
telephoned Macmurray’s adopted
children, Susan, 14, and Robert, 10
at his northern California ranch
near Healdsburg. The youngsters
greeted Miss Haver with “Hi
Mom,” and congratulated the pair.
The actress and her tall husband
then left by automobile for a
honeymoon tour of the Grand Can
yon and Brice Canyon and to visit
other scenic Western sites.
The couple became acquainted
last Christmas week at a party
given for Macmurray’s friend, John
Wyne. The actress and Macmur
ray went to the party “stag” and
danced often with each other. They
began dating after that.
Miss Haver was twice married to
Zito when she was 20. The first
ceremony March 9, 1947, in Las
Vegas, Nev., was a civil affair.
Fifteen days later in Los Angeles
they were married in a Catholic
Church.
A year later she obtained a di
vorce on grounds o extreme
cruelty.
requires special bacteriological
studies and treatment.”
Two specialists in antibiotics
have helped as consultants. They
are Dr. Alan Wright and Dr. Fred
erick C. Fir.k of Brooklyn, N.Y.
They are with Charles Pfizer &
Cos, a pharmaceutical research
firm.
Dr. Fink was understood to have
returned to New York with speci
mens for laboratory' study in an
effort to determine what drugs
could be used safely in fighting
infections.
The hospital’s report last night
said Truman had slept most of the
day and that “his chemical and
physiological balance hs been
kept within norml limits.”
He was able to take soft and
liquid foods, such as eggs, jello and
broth. His temperature fluctuated
during the day between 99.4 and
100 degrees.
Yesterday, Trumans’ 35th wed
ding anniversary a cake was pre
pared by the hospital. Mrs. Tru
man visited her husband and said
he seemed to be in good spirits
nd more alert.
The
Weatherman
. Says
Key. West and Vicinity: Partly
cloudy today through Wednesday
with isolated showers or thunder
showers. Continued hot and humid.
Low tonight 78/80 degrees; high
Wednesday near 90/92 degrees.
Light to moderate variable winds,
freshening near thundershowers.
Florida: Partly cloudy through
Wednesday with widely scattered
thundershowers in north portion
and at a few places in south por
tion, mostly in the afternoons.
Continued hot except slightly low
er temperatures in the extreme
north portion.
Jacksonville through the Florida
Straits and East Gulf: Gentle to
moderate variable winds mostly
south and southwest. Weather clear
to partly cloudy through Wednes
day. A few local showers in ex
treme north portion and in the
Straits.
Western Caribbean: Moderate to
fresh east winds partly cloudy
weather with scattered showers
through Wednesday.
Weather Summary for the Tropi
cal Atlantic, Caribbean Sea Area
and the Eastern Gulf of Mexico;
The weak tropical wave that was
near Mona passage yesterday
moved westward and gave thun
derstorms as far as Turks Island
area but it could be traced no fur
ther and has faded out. Conditions
are now settled throughout the
tropical areas with no evidence of
a disturbance formation.
Observation Taken at Post Office
Building, 7:00 A.M., EST,
Key West, Fla., June 29, 1954
Temperatures
Highest yesterday 90
Lowest last night 74
Mean 82
Normal 84
Precipitation
Total last 24 hours T. ins.
Total this month 5.28 ins.
Excess this month +1.55 ins.
Total this year 21.37 ins.
Excess this year +7.67 ins.
Relative Humidity, 7 A.M.
73%
Barometer (Sea Level), 7 A.M.
29.98 in 5.—1015.6 mbs.
Tomorrow's Almanac
Sunrise .an 5:40 a.m.
Sunset 7:21 p.m.
Moonrise ....< 5:40 a.m.
Moonset 7:42 p.m.
Moon phase —new
Solar eclipse June 30
TOMORROWS
I'IDES T
(Naval Base)
High Tides Low Tides
9:07 a.m. 2:10 a.m.
10;47 p.m. 4:13 p.m.
COMMISSION SETS
(Continued From Page One)
necessary repairs and alterations
to the dock to make it suitable for
a ferry terminal and to carry in
surance coverage on the facility.
Starting Data
They promised to start actual
ferry service on or before Sep
tember 1, or their lease would be
void and all money they pay to
the city would be forfeited. Porter
added that N. C. Hines, executive
vice president of the company had
agreed to an “escalator clause”
which would give the city more
revenue in the future if the ven
ture is successful.
They further stated that, in the
event a ship larger than the LSM
they propose to operate is placed
into Key West-Cuba ferry service
by any other company, they will
match it with a similar vessel.
The fact that they plan on em
ploying an LSM (225 feet in
length), brought a blast from city
commissioner Paul R. Roberts,
who said that he didn’t see why
entire city dock should be tied up
for this ship. ”
Roberts added that he believed
the vessel should operate from pro
perty at the foot of Simonton Street
now leased to Sirugo. He added
that Sirugo has agreed to relinqu
ish his lease to that property.
Sirugo was associated with the
Caribbean Ferry Service when he
negotiated the lease with the city.
A Ship Of His Own
He has since come up with a
ship of his own and is fighting for
permission to operate from the
city dock.
Commissioner Jack Delaney pro
posed that the city maintain con
trol of the dock and operate it on
a “first come-first served,” basis.
The citizen’s committee which
met last Saturday, came to a ten
tative agreement that the first
company offering to start ferry
service to Key West should be
given preference. Even though
the Caribbean Ferry System has
promised a September 1 starting
date, the city commission has not
agreed to their terms. The Gulf
Atlantic Company, which has been
in the picture for seven-years, is
right back where they started
from, negotiating with the Cuban
government for money with which
to repair their boat, the Carib
Queen.
Both City Manager Victor Lang
and Chamber of Commerce Man
ager Harold Laubscher told the
commission last night that “the
details of the lease are unimport
ant compared with the good it will
do the city.”
Correct Identity
Of Dead Woman
Received Here
The Miami Beach model killed
in an auto crash on U. S. 1 June
23 was identified today by the
sheriffs department as Mrs. Ma
rie Reiss, 24, of Jamaica Plain,
Mass.
Previously she had been tenta
tively identified as Debbie Mortei
and Debreka Martell.
The sheriff’s office located her
husband, Richard, at the same
Jamaica Plain address.
Her mother, the department
said, Mrs. Alma Newman lives in
Ogunquit, Me.
The dead woman left three
children, the sheriffs department
said.
The Pritchard Funeral Home ha§
the body.
Two sailors and two women were
injured when the car overturned
on Cudjoe Key 17 miles north of
Key West.
“Operation Holiday”
(Continued From Page One)
hours that club members will ride
with them.
“We are only asking these
members to take the opportunity
to learn by actual experience
something of the nature of the
problem with which we are faced.”
“Operation Holiday" has been
conducted locally on one previous
occasion—last Labor Day. Club
members then reported back to
their fellow members the exper
iences they had on the highway.
A full list of participants in
“Operation Holiday” will be pub
lished.
PLEAS FOR
(Continued from Fag* One)
ago, prohibits the construction of
any more trailer parks within the
city limits, a search of the city
code by city attorney J. Y. Porter
failed to reveal any such ordin
ance.
Ordinance Asked
Then, both commissioner Car
bonell and Mayor Harvey in
structed the city attorney to draw
up such an ordinance for con
sideration at next week’s meet
ing.
“I’m opposed to this trailer park
and to any other trailer parks
within the city limits,” said Har
vey.
In the second piece of business,
the City Planning Commission was
blamed by a Staples Avenue resi
dent for giving him permission
to move a trailer on a lot he
owns on Laird Street and live in
it while he builds a home there.
He obtained an eight thousand
dollar building permit for the
home. The man, Gus Disdier, said
that the planning commission as
sured him it was a legal move and
he bought a trailer and served
notice on his present landlord that
he was moving. He added that he
has installed sanitary facilities
for the trailer and that he intended
to move into it Saturday. .
Neighbors Object
However, several neighbors in
the Laird Street area protested
the move and appealed to the
city commission. The commission
last night turned down his re
quest.
Disdier presented a petition of
his own from 18 residents saying
that they did not object to him
living in the trailer while he built
his home. But, Thomas Hurst, a
Laird Street resident, told the
commission last night that the
petition was signed largely by
“housewives who did so without
consulting their better half.”
When he added that many of the
people who had signed the pe
tition now desired to have their
names removed, Mayor Harvey
read off the names. Only two per
sons at the meeting indicated
that they wished their names
stricken from the list.
City Commissioner Carbonell
voiced violent opposition to al
lowing them to live in the trailer.
“I feel sorry for these people
but we cannot lower the barrier,”
said Carbonell.
Blames Plan Board
Mrs. Disdier addressed the
meeting and said that the pres
ent situation is the fault of the
planning commission.
“If they had said that we
could not live in the trailer in the
first place, that would have been
the end of it. But we went ahead
in good faith, and bought the
trailer and improved our lot,” she
said. She added that she spoke
to several attorneys about the
situation and that each of them
gave her a different story.
After the meeting had adjourn
ed, Disdier was told by the city
attorney that he can move the
trailer on to the lot .and store it.
That ruling precipitated another
uproar and prompted commission
er Carbonell tp say that he will
introduce an ordinance at next
week’s meeting banning the
parking of trailers in the city
limits without the permission of
the city commission.
For A Quick Loan
$25 TO $309
See "MAC"
793 Duval Street
TELKPHONE 2-1555
VERBAL SQUABBLES
(Continued from Page One)
motion of severance of the five
counts.
Jack Kehoe, prominent Miami
attorney who is assisting Albury,
Enrique Esquinaldo, Jr., and M.
Ignatius Lester in the defense,
moved for the severance.
Dressier argued that such a mo
tion should have been made be
fore the jury was sworn.
Severance Denied
Judge Caro ruled against the
defense motion for severance.
In his opening statement, Marsh
said the state would undertake to
show that Bateman was manager
of the district when bids were let
for the Tom’s Harbor project to line
the causeway east of Tom’s Har
bor with fill; that Cothron was
the successful bidder; that Coth
ron submitted invoices for -ma
chinery rental and labor; that the
invoices were false; that Bate
man knew the invoices were ialse
but that he okayed payment of
them.
“This, gentlemen, is the basis
for each of the five counts before
you at this time,” Marsh said.
Invoices Described
Marsh said that the invoices
showed two three-quarter yard
draglines, six trucks, and two bull
dozers were used.
He added that the state contends
only one dragline, one bulldozer,
and not more than five trucks
were used.
Marsh also said that the in
voices showed the machinery and
labor were used for more hours
than they actually were.
Albury said the defense had no
opening statement at this time.
Under questioning by Marsh,
Demerritt said Bateman, as gen
eral manager of the toll district,
was responsible for the entire op
eration.
Minutes Identified
Demeritt identified the minutes
of toll district commission meet
ings which Marsh offered in evi
dence.
Albury objected, saying a prop-
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430 MAY DIE IN
HOLIDAY TRAFFIC
CHICAGO (*)—The National Safe
ty Council predicted today the com
ing weekend will produce the worst
July 4 traffic jam in history and
said 430 persons may not escape
it alive.
The tbree-day holiday weekend
is expected to attract more thin
40 million cars to the highways.
“More travel does not have to
mean more accidents if every
driver uses more caution,” Ned
H. Dearborn, council president,
said.
“Let’s make this holiday a
wreckless one, not a reckless one.”
er predicate had not been laid
for their introduction.
Albury was overruled.
The defense asked no questions
of Demeritt.
Clifford G. Hicks, former as
sistant general manager and audi
tor of the toll district, was the
second witness.
Hicks Is Questioned
He told the ’court, under ques
tioning by Marsh, that he lived
at Fat Deer Key, where he now
operates a “little motel there.”
He also testified that he had
worked for the toll district for 14
years but that he was “in the hos
pital when the district was aban
doned.”
Hicks identified an invitation
for bids on the Tom’s Harbor
Project and Bateman’s signature
on the contract awarded to
Cothron.
He also identified the time
book, invoices submitted by Coth
ron, and cancelled checks made
out to Cothron. The checks were
for $8,301.
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CARABALLO BROTHERS
(Continued From Page One)
last night, Jesus Caraballo’s was
the first to be opened. City Clerk
Victor Lowe looked at it in dis
belief.
No Charge
It stated that there would
be absolutely no charge for towing
service at any hour of the day or
night. The letter added that he is
licensed by the state, fully insured
and has a large parking lot at his
Simonton Street garage.
Frank Caraballo s, bid did not
even come close to matching his
brothers’. It stated that between
the hours of 8 a. m. and 6 p. m.,
there would be a two dollar
charge for the first mile and a
dollar for each additional mile.
Between the hours of 6 p. m.
and 8 a.m., the bid stated, the
minimum charge would be four
dollars for the first mile and one
dollar for each additional mile.
Bid Accepted
The commission then accepted
the bid of Jesus Caraballo.
“This is the first time the city
ever got something for nothing—
we’d better grab it,” said com
missioner Louis Carbonell. “Now
we won’t have any more com
plaints that people are being ov
ercharged.”
“I’ll go along with this just to
Friday and Saturday
Show Times:
f GENE KELLY singing in the rain
DONALD O’CONNOR 7:45 and 11:S3
V DEBBIE REYNOLDS panic in th* struts
— 10:05 ONLY
Tuesday, Wednesday and Thursday
VH A MIA Mat. 1:55 A 4:05 Night 4:15 A 9:25
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Also ...
MTTU IT WnttlHW CBUIPIOUS!
JUVENILE COUNCIL
(Continued from Page pne)
county jail. “It is a terrible thing
Judge Gibson said.
Commission Is Hind*rod
The judge further pointed out
that the county commissioners are
held back from giving appreciable
help in the juvenile home project
by the fact that the county’s build
ing appropriation has been Urgely
tied up in constngtion of the
county jail.
In response to a request for
more definite plans by the Coun
cil, the group discussed steps to
ward making a positive approach
to the problem.
Cabanas reported on the Fiesta
Alegre y Beneficia which was con
ducted for the benefit of the Ju
venile Council fund for the Stock
Island home. Profits from the play,
“The Filibusters” were $197.02,
Cabanas said.
see what happens,” said commis
sioner Paul R. Roberts.
Caraballo explained later that
he can earn enough profit out of
the repair work he will obtain by
operating the city’s wrecker ser
vice to warrant his “rock bottom”
bid.
Wed. - Thurs.,
Fri. and Sat.
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