Evening star. [volume], August 06, 1940, Page B-1, Image 19

About Evening star. [volume] (Washington, D.C.) 1854-1972

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Washington News Jj^XXXfXffi fat Society and General. D
____ ^_V ^ mra SENDAI MOANING EDITION /y _
_ WASHINGTON, D. C., TUESDAY, AUGUST 6, 1940. ** • B—1
Commissioners
Ask Full Report
On Ambulances
Police, Coroner Fail
To Fix Delay Blame
In Two Cases
A complete report on the ambu
lance system in the District was
asked today by the Commissioners
following a recent accident in which
more than 50 minutes passed before
an ambulance reached the scene.
The matter was officially dis
cussed at a meeting of the city
heads today, and they decided to
ask Health Officer George C. Ruh
land for a complete report on every
ambulance in the city. If possible.
Dr. Ruhland will be asked to get a
list of every call during the past
year and the length of time required
to answer it.
In addition, the Commissioners
asked for a detailed report on the
case of William E. Greaves, who
died a few hours after an ambu
lance took 50 minutes to reach the
scene of his injury last Friday.
Meanwhile, Dr. Ruhland has al
ready made plans to confer within
the next few days with various hos
pital officials to discuss the co
ordination of ambulance service.
30-Minute Delay Charged.
Official police reports failed today
to fix responsibility for the delay in
dispatching aid to a heat victim who
collapsed on a Georgetown street
Sunday. Similarly, a coroner’s in
a.uest yesterday failed to establish
blame in an ambulance delay inci
dent to the traffic death of Mr,
Greaves Friday.
Mrs. Elizabeth Hartung. 1647 Wis
consin avenue N.W.V a childhood
friend of Mr. Greaves, charged that
seventh precinct police were 39 min
utes responding to her call for
assistance in behalf of A1 Wesley,
35, colored, of McLean, Va.. whom
she found unconscious on the street
In front of her home. She said she
notified the precinct at 11:36 a.m.
Inquiry to Continue.
Following an investigation in
which he interviewed Mrs. Hartung
and two other persons who made
calls asking aid for the ill man. and
presumably all officers having any
thing to do with the case. Lt. Eugene
L. Eby of No. 7 reported to Inspector
’ L. I. H. Edwards at headquarters
today that the first call concerning
the heat victim recorded at the pre
cinct was at approximately 12:10
pm.—about the same time the other
two callers said they notified the
station.
The report indicated that Mrs.
Hartung's call might have been an
swered by a “beat'' officer who had
stopped by the station momentarily
and left, forgetting to notify the
desk sergeant of Mrs. Hartung's
message.
Capt. Clarence A. Talley, head of
the precince, was asked by Inspector
Edwards to continue the investiga
tion to determine if this had hap
pened. Tire heat victim was treated
at Georgetown Hospital and released.
Testimony Fails to Fix Blame.
Coroner A. Magruder MacDonald,
following the inquest into the death
of Mr. Greaves, who lay at Twenty
'second and Quincy streets N.E. Fri
day for 55 minutes before an ambu
lance arrived, said testimony failed
to point the finger of blame at either
the hospital, the policemen at the
6cene or the Police Department.
“In the confusion,” Dr. MacDonald
said, ‘‘there was a mixup somewhere,
but I can't tell where.”
The coroner's jury, after hearing
testimony that the bus which struck
Mr. Greaves’ car was traveling
about 35 miles an hour, ordered the
bus driver, Joseph Bennett, 29, of
655 Maine avenue S:W„ held for
Police Court action under the Negli
gent Homicide Act. Mr. Bennett,
however, claimed he was driving
not more than 20 miles an hour.
The estimate of the 35-mile speed
was made by a passenger on the
bus. V. M. Clagett, jr., 1849 L
street N.E.
First Call at 7:30.
From the testimony given, the
first call for the ambulance, put in
by W. C. Cusick, 2228 Quincy street
N.E., shortly before 7:30 o'clock,
was held up somewhere along the
line. Mr. Cusick said he telephoned
police headquarters to send an
ambulance and the police, but at i
first was told he would have to call
No. 12 precinct station.
‘‘I told the officer it was his duty
to get an ambulance there,” Mr.
Cusick related, "and then he said
he would take care of it.”
However, Dr. J. Rogers Young,
chief of the medical staff of Casualty
Hospital, said the first call received
by the hospital was at 7:56 o’clock.
The call was promptly answered.
Dr. Young said, and the injured
man arrived at the hospital at
8:30. Dr. Young’s testimony was
corroborated by Dr. Warren G.
Fletcher, who was in the ambu
lance.
Ruhland Suggestion Lauded.
The suggestion of Dr. Ruhland
that an emergency ambulance serv
ice be established at Gallinger Mu
nicipal Hospital was described today
as a "grand idea and a most worthy
project” in a letter written Dr.
Ruhland by Dr. Allen S. Cross, a
physician with an active practice in
Southeast Washington. Dr. Ruh
land's suggestion was made after
the death of Mr. Greaves.
Dr. Cross wrote that if a fund
were to be established toward pro
vision of such a municipal ambu
lance service, he would "be happy
to forward at any time a check for
$100.” Dr. Cross complimented the
Health Department on being "awake
and sensitive to the real needs of
our citizens for health protection.”
Coronado Expedition
Stamp to Be Issued
By the Associated Press.
> A special 3-cent postage stamp to
commemorate the 400th anniversary
of the Coronado Expedition through
the Southwestern States will be
issued September 7, Postmaster Gen
eral Farley announced today.
It will be sold first at Albuquerque,
N. Mex., the central motif will be a
, reproduction of the painting “Coro
" nado and His Captains,” by Gerald
Cassidy.
*
NEW POST — Assistant Cor
poration Counsel Micnael J.
Keane, jr., yesterday was as
signed to prosecute before the
Alcoholic Beverage Control
Board by Corporation Counsel
Elwood Seal. An assistant
corporation counsel two years,
Mr. Keane has been stationed
at Police and Juvenile Courts.
—Star Staff Photo.
Judge Fay Bentley
Is Confirmed Without
Senate Debate
McCarran, Who Led
Hearings on Juvenile
Court Nominee, Absent
Without debate the Senate late
yesterday confirmed the nomina
tion of Judge Fay L. Bentley to
serve another term on the Juvenile
Court bench of the District.
Senate action had been delayed
several months while a subcom
mittee of the Judiciary Committee
conducted exhaustive public hear
ings on her renomination by Presi
dent Roosevelt. Forty or more wit
nesses were heard.
Senator McCarran; Democrat, of
Nevada, who served as'chairman of
the Judiciary Subcommittee, was
not on the Senate floor when the
nomination was confirmed.
Mild criticism was made during
the hearings of Judge Bentley's
actions in several cases. A number
of Washington lawyers and social
welfare workers, however, appeared
to indorse her reappointment.
At the conclusion of the hearings,
Senator McCarran said he believed
Judge Bentley had too much work
to do. At that time he suggested
another judge be added to the
Juvenile Court bench so delinquency
cases and adult domestic cases could
be segregated. Later, he proposed
a third judge at the court—one who
would handle truancy cases ex
clusively.
D. C. Park System May Get
Chopawamsic Tract
Washington was virtually assured
today of having the Chopawamsic
recreation area near Dumfries, Va.,
added to its regional park system.
Since the area, heretofore ad
ministered by the regional director
of the National Park Service in
Richmond, has been used mainly by
Washingtonians, significance of the
change will be chiefly administra
tive.
The Park Service asked Congress
to include it in the system of parks
operated by the Office of National
Capital Parks.
At present the area's five per
manent camp sites, which have been
developed by the C. C. C., W. P. A.
and Park Service, are being used
by the District Salvation Army, the
Family Service Association, the Al
exandria Girl Scouts and the Dis
trict Jewish Community Center.
These agencies maintain the camps
while using them.
The area is often used by Boy
Scouts, 4-H Clubs, the Welfare and
Recreational Association of Public
Buildings and Grounds. Inc., the
Council of Social Agencies and
other groups.
Comprising 14,000 acres, it lies
%bout 40 miles from Washington on
U. S. Route 1. It is drained by
branches of Chopawamsic and
Quantico Creeks. It is heavily wood
ed, and some streams have been
dammed to form artificial lakes.
Band Concerts
By the Soldiers’ Home Band this
evening at 6:30 o'clock in the Sol
diers’ Home Bandstand. John S. M.
Zimmerman, bandmaster; Anton
Pointner, assistant.
Program.
March, “The Magestic”..Allen
Overture, "Morning, Noon and Night
in Vienna” __.von Suppe
Suite Espagnole_ _Fulton
Scenes from the opera “Ernani,”
Verdi
Popular numbers—
"Sahara” . ..Crosby
“Blue Moon” _Rodgers
Valse minature, "Valse Mignon,”
Drigo
Finale, “Cavalry of the Clouds,”
Alford
“The Star Spangled Banner.”
By the Navy Band this evening at
7:30 o'clock at the District of Co
lumbia World War Memorial, Lt.
Charles Benter, leader; Charles
Brendler, assistant leader.
Program.
"God Bless America.”
March, “Hail America”_Drumm
Overture, "Ruy Bias’’..Mendelssohn
Solo for trombone, “My Old
Kentucky Home”_Smith
Musician Homer Phillips.
"Danse Boheme”_Bizet
“Ballet from Coppelia,”
Delibes
Two numbers—
"None but the Weary Heart,”
Tschaikowsky
“Danse Russe”.Tschaikowsky
“Valse Bluette”..Drigo
Selections from the musical
comedy, "Madam Sherry,”
Hoschna
“Hungarian Rhapsody No. 14,”
Liszt
4
Virginia Utilities
Plan $6,000,000
Expansion
Plants and Lines
Will Be Linked,
Aiding Defense
By a Staff Correspondent of The Star.
ALEXANDRIA. Va., Aug. 6.—A
$6,000,000 improvement program will
be carried out immediately by the
Virginia Public Service Co. and the
Virginia Electric Power Co. to link
electric -plants and transmission
lines in Virginia, West Virginia and
North Carolina and provide addi
tional power needs in the Hampton
Roads area, where major projects
in the national defense program are
under way, M. J. O’Connell, presi
dent of the former concern, an
nounced today.
Mr. O’Connell also said the $2,
000,000 addition to the generating
plant in Alexandria will be com
pleted so as to begin tests about,
November 1. Work on the new
building housing the equipment is
to be finished soon.
■ The addition here will provide
power for the rapidly developing
Northern Virginia area and supple
ment the company's other generatr
ing stations in Virginia and West
Virginia, improving the service
offered more than 100,000 customers
of the utility in this section of the
State.
New Line to Newport News.
Mi. O'Connell said the $6,000,000
to be spent in the Hampton Roads
area will be expended on generat
ing stations and transmission lines
and will involve the construction of ■
a transmission line from Richmond
to Newport News to supplement and
add to the company's facilities at
Hampton.
The line, he declared, will con
nect directly with the generating
and transmission system of the Vir
ginia Electric and Power Co. Since
this firm's lines are tied in with
neighboring systems, power could
be obtained from the Appalachian
Electric and Power Co., operating
in Virginia and West Virginia: the
Carolina Power and Light Co and
the Duke Power Co., operating in
North Carolina. This would be in
addition to the power generaied at
the Virginia Public Service Co.’s
steam and hydro generating sta
tions located in Virginia and West
Virginia.
The major expenditure in connec
tion with the work, according to
Mr. O'Connell, will be borne by the
Virginia Electric & Power Co., which
wall not only share in the construc
tion of the Richmorid-.Newport News
line, but will erect new generating
units at Norfolk costing millions of
dollars.
Unlimited Sources Sought.
These construction projects, he
added, are in line with the national
defense program and are intended
to provide unlimited sources of pow
er for the Hampton Roads area.
He pointed out that in the case
of his company, which serves the
peninsula where the Newport News
Shipbuilding & Drydock Co., Lang
ley Field, the N. A. C. A. Labora
tories and Fortress Monroe are lo
cated, electric power demands have
been considerably increased through
the Nation's preparedness activities.
“Even if war should bring about
a destruction of our Hampton gen
erating station,” he added, “the new
program would enable us to trans
mit power from almost any State in
the Southeast.”
Applicant Surplus Halts
Navy Reserve Enlistment
By the Associated Press.
The Navy stopped receiving en
listments today for the second vol
untary training cruise of candi
dates for Naval Reserve commis
sions. It announced that there were
more applicants than could be ac
commodated.
Enlistments are being accepted by
the Navy for the third cruise, to
begin September 30 from New York.
EYESORE—Loosely wrapped bundles of trash are piled high in
this public areaway adjoining the alley between Eleventh and
Twelfth streets and M and N streets N.W.
V . .
This scene is typical of the alley, investigated by The Star
at the suggestion of a reader. Note the lidless garbage can, the
inadequate trash receptacle. —Star Staff Photo.
---->
Another Hearing Set
On Transportation
For Southeast
Utilities Commission
To Make Ruling After
Session August 22
The Public Utilities Commission
today planned to reopen the con
troversial question of adequate
transportation service for Southeast
residents pending before the com
mission since public hearings last
spring.
Another hearing for the presenta
tion of additional evidence was called
for August 22 at 10 a.m. and the
commission will withhold ruling
until after that session.
The area east of the Anacostia
River between Ridge and Good Hope
roads S.E. is now served by two bus
companies—the Capital Transit Co.
and the Washington, Marlboro &
Annapolis Motor Lines, Inc. Acting
on the complaints of citizens, the
Public Utilities Commission made an
investigation of the situation and
civic leaders and other residents ap
peared at hearings last April to pro
test the inadequacy of the coverage.
The commission described the serv
ice as inadequate, in that District
patrons are limited to travel over
a very small section of the city
for 10 cents since there is no trans
fer arrangement between the two
companies. Residents of other sec
tions, it was pointed out, can ride
almost to any point in the Dis
trict with universal transfer for
about 7 cents a ride. This, the com
mission said, is “discriminatory.”
While the commission is with
holding decision until after the
hearing, it suggested either adop
tion of a transfer system or exten
sion of the transit company’s serv
ice as a mean of helping out the
situation.
McNulty Coming Here
For Defense Discussions
Comdr. George M. McNulty of the
National Association of Regulars
will arrive in Washington tomorrow
to discuss national defense plans
with War Department officials.
He also will confer with other
Government authorities regarding
the possibility of waiving civil serv
ice requirements for qualified vet
erans desiring national defense jobs
with the Government.
Concern's Name on Ad Is Held
No Proof It Caused Publication
$25,000 Damage Suit Is Nullified When
Retailer Pleads He Is Not Responsible
The mere presence in printed ma
terial of the name of a particular
person constitutes no substantial
evidence that that person caused
such material to be written or pub
lished, the United States Court of
Appeals declared today in upholding
a District Court decision to nullify
a $25,000 damage suit brought by
Salvatore Mancari. businessman,
of 3459 Fourteenth street N.W.,
against Frank P. Smith, Inc., shoe
dealers, Fourteenth and G streets
N.W., over advertising matter.
Mr. Mancari sued in District Court
upon an alleged violation of his
right of privacy, charging that the
company, without his knowledge or
consent and wrongfully and malici
ously, caused to be published here an
advertising “tear sheet" in the form
of a purported newspaper article.
This was headed "Salvatore Man
cari Is Missing—Wide Search Being
Made” and the “tear sheet" went on
to say: “Reward Offered for Pro
ducing Salvatore Mancari.”
Among other things, the sheet
said: “We want this man: he’s too
valuable to lose! When last seen he
was wearing a pair of shoes and ap
parently well pleased. When found
he probably will still be wearing
them! If he will make his first
visit to the Frank P. Smith, Inc., a
substantial reward in foot comfort
awaits him.”
Retailer Shuns Responsibility.
Because of the publication of this
material, Mr. Mancari contended he
suffered-mortification and humilia
tion. and asked damages totaling
$25,000. The shoe retailer, how
ever, told the court that the manu
facturer of the shoes had entered
into a contract with a New York
advertising firm, whereby names of
prospective customers were inserted
by rubber stamp on the advertising
matter. The retailer contended that
he was not a party to this agree
ment and had no knowledge of it
until after the ad had been sent to
prospective customers.
When the case came up in District
Court, at the close of Mr. Mancari’s
presentation, the shoe company
moved for a directed verdict, on the
ground that the evidence failed to
show that it was responsible for pub
lication of the article.
Today the appellate court agreed
that “the ruling of the trial court
Why Must They Die? No. 42
-One cf a Series of Factual Analyses of D. C. Traffic Fatalities__
Analyses of traffic deaths Nos.
25 and 41 have not been published
pending completion of official in
vestigation.
The place: Twenty-second and
Quincy streets N.E.
The accident: A 60-year-old man
was fatally injured when the car
he was driving east on Quincy street
was struck by a bus going north
on Twenty-second street. After the
impect the bus continued 89 feet,
running on the lalwns of two houses,
and the car traveled 28 feet, over
turning after striking the curb. The
victim was pinned beneath his car.
An ambulance did not reach the
scene until 55 minutes later. The
bus driver said his vehicle was the
first to cnter'the intersection.
The time: About 7:30 a.m., Au
gust 2.
The weather: Clear.
The street: Dry yand level. No
obstructions to visibility at inter
section. •
The vehicles: A late model bus,
speed estimated by passenger at 35
miles per hour, by driver at not
more than 20 miles per hour. Car
was 1934 model sedan.
The drivers: Bus driver has 10
years’ driving experience, four years
at wheel of bus; victim had about
15 years’ experience.
Coroner’s jury verdict: Bus driver
held for Police Court action under
Negligent Homicide Act.
Shopping Guide Chartered
A Virginia charter was issued yes
terday to the Shopping Guide, Inc.,
of Alexandria, the Associated Press
reported. The company will have a
maximum capital of $5,000. John L.
Reenstjema of Alexandria is presi
dent and Albert W. Bryan of Alex
andria la attorney.
Diagram shows how a 60-year-old man was fatally injured
when car he was driving was struck by bus at Twenty-second
and Quincy streets N.E. Bus continued on to lawns of two
houses, car to the east, overturning and pinning victim under
neath, marked by "X.”
» a
| that the evidence was insufficient
to warrant submitting the case to
the jury was correct.”
No Statute Provided.
In an opinion written by Associate
Justice Harold M. Stephens, the
court said that in some jurisdictions
there are statutes providing that
printed matter purporting to be pub
lished by a given person shall con
stitute evidence of publication by
that person, but declared “there is
no such statute in the District of
Columbia.” The shoe retailer was
represented by Attorneys Charles V.
Imlay and John R. Reed. Associate
Justice Henry w. Edgerton joined
Justice Stephens in the court’s find
ing.
A dissenting opinion, written by
Associate Justice Wiley Rutledge,
said that "there was nothing in the
contents or in the advertising matter
to indicate that another person was
interested in the business, the prod
uct, the advertising, or having it
distributed.” He indicated that the
jury should have been allowed to
pass on the problem, providing the
shoe retailer did not succeed in re
butting the natural and normal in
ference that the sheet was mailed
by him.
Decision Reversed,
Girl, 15, Returned
To Her Mother
Mrs. Stuart's Care of
Child Continuous and
Devoted, Court Holds
Fifteen-year-old Fairfax Stuart
was returned to the custody of her
mother yesterday in a decision by
the United States Court of Appeals,
reversing a Juvenile Court finding
which had placed her under the
guardianship of the socially prom
inent Mrs Lloyd Shippen,
The girl's mother is Mrs. Mar
garet Berry Stuart, divorced wife
of Dr. Daniel D. V. Stuart, well
known Washington neurologist.
The Juvenile Court in March,
1939, ordered Dr. Stuart to pay $150
monthly for support of the child on
condition that he be allowed to
talk with his daughter occasionally.
It was brought out at that time
that he had not seen the child,
which lived with her mother, since
she was a baby.
Then, in May of last year, the
Juvenile Court entered a judgment
finding that the girl was without
‘‘adequate parental care and sup
port” and directing that she be
placed under the guardianship of
Mrs. Shippen, a friend of both
parents.
The case was appealed and the
appellate court ruled that “the evi
dence overwhelmingly establishes
that Mrs. Stuart's care of the ap
pellant since her birth has been
continuous and devoted and had
resulted in a well-developed, well
educated, healthy child.”
The opinion, written by Associate
Justice Harold M. Stephens, also
stated that "the duty of a father
to support a child is not contingent
upon his right to visit the child if it
is inimical to the interest of the
child for him to do so.”
In another point of the opinion,
Justice Stephens said:
"If the welfare of a child is at
stake, so is the welfare of the state
—whose very being and every func
tion as an agency of the people is
dependent upon a solemnly reared
citizenship.”
Lions Club to Hold
Outing at Camp Letts
The Lions Club of Washington
will hold its annual outing tomor
row at Camp Letts, the Y. M. C. A.
boys’ camp on the Rhode River,
near Annapolis, Md.
Families of many of the club
members will accompany them on
the trip, to be made by automobile.
The program will feature athletic
events for the boy campers, the
winners of first and second place
in each event to be given medals by
the club. There will be a baseball
game between teams representing
the Lions Club and the campers.
M
Alley Made Eyesore
By Heaps of Paper,
Cans and Bottles
Section Not Visited by
Cleaner Since July 25,
Investigation Reveals
A few days ago The Star received
a letter calling attention to an un
sightly alley between M and N
streets and Eleventh and Twelfth
streets N.W.
A Star reporter Investigated the
alley yesterday, talked with a man
who knows the section and later
discussed the alley with representa
tives of the City Refuse Department,
the Health Department and the Po
lice Department.
The reporter, entering the alley
from Twelfth street, found a public
area way to the right, in which were
piled layer after layer of trash bun
dles, loosely wrapped in newspapers.
The contents of some of the bundles
had spilled into the areaway.
A few feet farther up the alley
was a scattering of cigar butts, bottle
tops, old letters, crumpled news
papers, cans and paper bags.
Children at Play Nearby.
Directly across from this spot,
trash overflowed from a broken bas
ket. This was in the unfenced back
yard of a dwelling. Children were
observed playing near the trash.
Glass crunched under the tires as
the automobile made a sharp turn,
paralleling Eleventh street. News
papers, brown with age, cans and
vagrant pieces of rubbish lined the
fences of this part of the alley.
Here and there were little heaps of
trash around which the flies had
gathered. There wTas a pile of
empty liquor bottles and more liquor
bottles were beside a lidless garbage
can.
At night, a man familiar with the
section said, rats overran the alley.
They can find plenty of nourish
ment.
Trash Dumped in Alley.
The man said he had seen peo
ple from the neighborhood bring
ing their trash to the alley to dump
it. Sometimes they wrap it loosely
in newspapers, he said. Other
times they carry their waste paper
baskets into the alley and merely
overturn them.
The alley, according to William
Xanten, superintendent of the City
Refuse Department, is also used
by unauthorized trash collectors,
who sort out the materials they
have collected during the day and
abandon in the alley what they
cannot use.
“That alley is cleaned thoroughly
once a week,” said Mr. Xanten.
When he consulted his reports,
however, he found the alley had
not been cleaned since July 25.
"The alley gang is due there to
day or tomorrow,” he said.
Conditions Difficult, He Says.
He added he was sure an alley
gang foreman had canvassed the
alley, asking the householders to
co-operate with the Refuse De
partment. Conditions like the one
found there, he said, are difficult to
correct because the householders
in the properties adjoining the alley
blame people from the neighbor
hood.
The Health Department did not
recall having ever sent any one
to visit the alley. An inspector it
was said, would go there immedi
ately.
The Police Department also was
unaware of the condition of the
alley. At the suggestion of The
Star, a patrolman of the second pre
cinct will be told to be on the look
out for violations of anti-litter reg
ulations in the alley.
House Votes Increase
In MeacTs Retired Pay
Brig. Gen. James J. Mead, U. S.
Marine Corps, retired, would re
ceive $1,500 more annually in re
tired pay under compromise legis
lation approved by the House and
sent to the Senate yesterday.
Gen. Mead, who lives in Washing
ton, was retired under terms of the
Naval Promotion Act of 1938 as a •.
result of an interpretation of that
act by the Judge Advocate General i
of the Navy. Contending that the i
interpretation was contrary to the 1
intent of Congress and that Gen.
Mead had been done an Injustice, i
the House passed the bill to correct 1
that action. ]
Jury Charges
Murder in Two
Traffic Deafhs
Second-Degree Case
Believed Weapon
To Cut Fatalities
Traffic Record
The traffic record as revealed
at police headquarters for 24
hour period ending at 8 am.
today:.
Fatalities, None.
Accidents, 36.
Motorists injured, 5.
Motorists arrested. 327.
Pedestrians injured, 8.
Pedestrians arrested for viola
tion of pedestrian control regu
lations, 2.
A new weapon, designed to curb
Washington's mounting traffic death
toll, was in the hands of authorities
today, it was believed, when the
District grand jury lodged a sec
ond-degree murder charge against
Richard S. Nesterode, 26, charged
with causing the death of two per
sons while driving an automobile
June 22.
Assistant United States Attorney
Arthur B. Caldwell, who presented
the case to the grand jury, said in
response to a query from The Star:
“It appears from inquiries of older
officials in the court house that this
is the first time a murder indict
ment has been brought against the
driver of a car which caused the
death of pedestrians, where the
driver was not engaged in the com
| mission of a felony. Heretofore, the
| office has prosecuted traffic deaths
under negligent homicide or man
slaughter charges.”
Nestlerode, who lives at 1227
Maryland avenue N.E., is charged
in the indictment with causing the
deaths of Edna Mitchell, colored,
40, and Joseph Nappo, 59.
The indictment is unusual in that
two deaths are charged in the same
true bill. The indictment contains
two counts, one death being charged
in each.
After investigation, police said
Nestlerode declared he had been
drinking.
Nestlerode is expected to be ar
raigned Monday with the other per
sons whose names appear in the 40 •
indictments returned today to Jus
tice James W. Morris in District
Court.
Contractor Is Indicted
On False Voucher Charge
Louis R. Hyman, contractor, was
indicted today by the District grand
jury on a charge of presenting a
false voucher to the Bureau of En
graving and Printing in connection
with a glass repair job.
The indictment charges that
Hyman's official statement to the
bureau declared he .paid glaziers
the legal rate of $1.50* an hour, but
one man received only 43 cents an
hour.
Grady Brown, colored, 28 years
old, was indicted on a charge of
first-degree murder in the death of
Clifton C. Warren, colored, 30, who
was killed with a knife.
John Joseph Phillips was indicted
under an act of June 6 of this year
apd charged with escaping from the
custody of officials and nurses of
Gallinger Hospital while he was offi
cially committed to the,District of
Columbia Reformatory at Lorton,
Va.
Others indicted and the charges
against them are: Leon Edwards
and Sam Clay Rankin, joy-riding:
Jackie L. James, housebreaking'
William F. Krause. William H.
O’Brien, Richard M. Tavenner, Al
bert T. Estes and Nathaniel Ro
chelle, housebreaking and larceny;
Richard M. Tavenner. housebreak
ing and larceny and joy-riding;
William A. Chase, Albert T. Estes
and Nathaniel Rochelle, joy-riding
and grand larceny; Kellie T. Mc
Allister, grand larceny and false
precenses; Charles F. Inscoe, for
gery and uttering and false pre
tenses; Mitchell Ross, Roy Manly,
John B. Belcher and Sylvester
Johnson, robbery; Harry Liberty,
Theodore Hurd and Robert Roach,
assault with intent to commit rob
bery; Joseph L. Kundle, carnal
knowledge; William Washington
and Lester Adams, assault with in
tent to commit carnal knowledge;
Ted Willis, violation of the numbers
law: Ilarold S. Ronning and
Stepnen P. Gerkin. larceny from
the United States; Calvin S. Smith,
William J. Genus and Leo Dent, as
sault with dangerous weapon.
Federal Reserve Building
Tax Hearing May Be Asked
The Federal Reserve Board may
ask the Commissioners for a hearing •
on the recent ruling of Corporation
Counsel Elwood Seal that the prop
erty of the board at Twentieth
street and Constitution avenue N.W.
is liable to the District real estate
tax.
A representative of the board con
ferred yesterday with Mr. Seal, and
it is understood the board may
elect this method of appeal rather
than litigation through the Board of
Tax Appeals or seeking legislation in
Congress to exempt it.
The board’s liability was estimated
at some $204,000 for the last three
years by the assessor’s office. Mr.
Seal held that in the absence of
other ruling the District should be
given the benefit of the dodbt but
admitted that the liability might not
stand up under a court test.
Red Cross First-Aid
Instruction Is Begun
Classes for Red Cross first aid in
structors began last night in the
North Interior Building and will
continue from 7 to 9 o’clock each
night but Saturday and Sunday for
two weeks.
More than 50 students who have
completed primary instruction at
tended the' first class under Dr.
Bryce A. Newbarer.