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Evening star. [volume] (Washington, D.C.) 1854-1972, May 05, 1938, Image 18

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83045462/1938-05-05/ed-1/seq-18/

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Judge Overrules Motion to
Force Particulars Bill
in Labor Charges.
By tne Associated Press.
RICHMOND. Ky„ May 5 —Federal
Judge H. Church Ford last night over
ruled a motion to require the Govern
ment to submit a bill of particulars of
Its charges against 52 defendants ac
cused of conspiring to violate the
Wagner Act in Harlan County.
Judge Ford said, ‘‘I am of the opin
ion that the indictment i' sufficiently
As additional ground for his de
cision, he cited the late filing of the
motion by former Federal Judge
Charles I. Dawson. Louisville, counsel
for the defendants.
In this the court agreed with Henry
Schweinhaut, special Assistant United
States Attorney General, representing
the Government.
Long Delay Pointed Out.
Mr. Schweinhaut argued that since
the indictment had been returned
September 27, 1937, at Frankfort and
a demurrer to it overruled as long
ago as last February 1. the defendants
had delayed too long in asking for
He pointed out that the trial had
been set for a date in February and
later advanced to May 16, all before
the filing of the motion, which was
last night.
Mr. Dawson contended that, without
a. bill of particular's, a “blank de
nial" was the only defense possible
to prepare.
Mr. Schweinhaut declared the de
fendants had knowledge of the oc
currences on which the Government’s
charges are based from hearings by
the Senate Civil Liberties Committee
and the National Labor Relations
Board on conditions in Harlan County.
Know Own Arts.
“They (the defendants) know bet
ter than any one else whether they
did the things,” he argued. “We
should not be forced to tell them
when and where each act occurred.
* * * It is common knowledge in
Harlan County. and notorious
throughout the United States, what
Is going on in Harlan County.”
During the argument, Mr. Dawson
remarked the trial would require
“more than two months" if a bill
of particulars were not granted.
The defandants included former
Harlan County Sheriff Theodore R.
Middleton and 19 present and former
deputy sheriffs, in addition to a num
ber of Harlan County coal companies.
The case is the first criminal ac
tion involving the Wagner Labor Act.
The Government brought the charges
under a statute enacted immediately
after the Civil War.
——-• -...——
Woman and Cats Evicted.
CHICAGO (/P).—May 1 is moving
day for Miss Laura Fesch—and her
six cats.
Mrs. Mary Burzenski, the landlady,
was granted an eviction order on her
charge the cats were a nuisance.
Miss Fesch, who is 73, expressed
Indignation. The felines, she said,
were good company and if she had
known Mrs. Burzenski felt otherwise
about it she would have moved any- I
way. 1
They Named It Hyacinth
Five-year-old Dolores Waldraff believes Hyacinth, a deodor
ized skunk, is a swell playmate. Hyacinth is a part of the “Baby
Zoo’’ at Philadelphia’s Zoological Gardens. Children are en
couraged to pet the animals, and signs cautioning visitors not
to feed the pets are replaced by posters telling the dietary habits
of the various creatures. —a. P. Photo.
Newark Irked Over Slight
In World’s Fair Advertising
B> the Associated Press.
NEWARK, N. J.. May 5—The city of
Newark is somewhat miffed at New
The bruised feelings of Jersey's
largest city resulted from certain ad
vertising pamphlets of the New York
World's Fair, 1939, which failed to
point out the close geographical rela
tionship between New York and New
ark—didn’t point Newark out at all,
in fact.
After thinking the matter over yes
terday, the Newark City Commission
suggested New Jersey should partici
pate in the big exposition next year—
the one in San Francisco.
A resolution adopted by the commis
sion made these points:
“The northern part of New Jersey,
the west shore of the Hudson, Newark
Bay, the port of Newark and the New
Brother, 6, Carries Victim Into
Home, While Person* on
Vehicle Speeds Away.
Victim of a hit-and-run cyclist, 3
year-old Alien Barlowe, 1110 Ninth
street N.W., was recovering today from
head and chest injuries received yes
terday when struck while crossing the
street in front of his home.
His brother Forbes, 6, with w’hom he
had been playing in his front yard,
carried Allen into the house, where he
was treated by a private physician.
A passerby told police the cyclist
stopped after the boy was struck, but
sped away when Forbes ran to the
street to aid his brother.
ark Airport have been omitted in all:
pamphlets, maps and other literature
advertising the New York World's Pair.
"Newark, with its many industrial
and commercial transportation facili
ties, is not properly advertised or
known among the States west of the
Mississippi as the Eastern terminus of
the most important airlines in the
“An Impression has been falsely
created in the minds of the people west
of the Mississippi that New York City
is the Eastern terminus of said air
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Filipino Confessed Ax Murder of
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MANILA, May 5 ‘/P).—Julian Manual,
who confessed the mass ax murder of
six members of a family in Samaloc, j
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day to six life terms in prison. He
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Every wife, and every
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