Evening star. [volume], December 12, 1952, Image 1

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

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Weather Forecast
Partly cloudy, high about 48. Low tonight
near 32 Tomorrow sunny and moderately
cold. (Full report on Page A-2.)
Temperatures Today.
Midnight 37 6 a.m. ..33 11 a.m. ..40
2 a.m. ..36 8 a.m. ..33 Noon 44
4 a.m. ..34 10 a.m. ..39 1 p.m. ..46
An Associoted Press Newspopor
100th Year. No. 347.
Attorneys See
'Blanket'Ruling
On Segregation
Arguments Ended;
3 Possible Decisions
Are Believed Likely
By Robert K. Walsh
Supreme Court justices today
weighed vast and varied articles
in a single legal package that will
help them decide the future of
racial segregation in public schools i
of the District and the States.
They finished hearing argu
ments late yesterday on issues
directly affecting the District and
Delaware. Earlier this week, they
listened to debate on suits from
Virginia. South Carolina and
Kansas.
Those cases have different an
gles on w'hich the tribunal con
ceivably could hand down diverse
rulings. But essentially the same
main lines of contention ran
through arguments offered by
both sides in all of them.
Basic Pronouncement Possible.
This caused several of the at
torneys defending or fighting
governmental-imposed separation
of Negro and white children in
public schools—to expect that the
final decision might be a blanket
and basic pronouncement, either:
1. That such school segregation,
in itself, is unconstitutional and
contrary to statutory provisions
and, therefore, must be ended in
the District and wherever else it
exists in this country.
2. That segregated systems may
be maintained, so long as there is
real equality of educational facili
ties for both races, in accordance
with court decisions dating back
to the 1896 judicial position on
the separate-but-equal doctrine.
3. Or as was emphasized in
argument yesterday by Assistant
Corporation Counsel Milton D.
Korman for the District, that a
change in the segregated setup
here is something for Congress
and not the courts to determine.
Similarly, so far as States are con
cerned, the tribunal could hold
that abolition or retention of
segregation is a matter for the;
State legislatures to handle.
Reluctant as to Forecasts.
Attorneys, since early last Tues
day afternoon, have been telling
the court that the outlawing of
school segregation would or would
not cause major administrative
difficulties, if not serious social
troubles. After the hearings, most
of them preferred not to speculate
either on how or when the court
will rule, or what might happen 1
as a result.
Mr. Korman commented that he !
did not believe new legislation— 1
except minor revisions in present 1
statutes—would have to be en
acted for the District school sys
tem, if the Supreme Court struck
down segregation.
The District government’s
spokesman, representing school
officials who refused to admit
Negro children to the Sousa Jun
ior High School, asked the court
to uphold the dual system here.
From the standpoint of the his
tory of the District, the statutes
enacted by Congress as long ago|
as 1862, and the Fifth Amendment
to the Federal Constitution, the!
system is valid, legal and just, Mr.)
Korman contended.
Citing numerous gains he said
have been made in racial integra
tion in recreational, entertainment
and other fields here. Mr. Korman
noted that they were “accom
plished without the aid of the
courts.’’
Cites Racial Feeling.
Exclaiming that he hoped the;
day soon will come “when the!
races can live together without
friction,” Mr. Korman said:
“We, nevertheless, cannot hide
the fact that there is a feeling
between the races. It is de
plorable. but we must face the
facts ”
Mr Korman and James M.
Nabrit, jr„ an attorney for Dis
trict opponents of school segrega
tion, engaged in a lively and, at
times, impassioned discussion.
The District government’s law-)
yer asserted that the opposition
suggested only that “it is time for
a change.” Mr. Nabrit, who is
(See SEGREGATION, Page A-4.)
Mount Rainier Police Chief
Faces Hearing in Crash
Mount Rainier Police Chief John;
W. Wise was charged with follow
ing too close after an accident to
day in which his car struck the
auto of an off-duty Arlington po
liceman and set it ablaze on Ar
lington boulevard at North Fill
more street.
Chief Wise, 58, and Arlington
Police Pvt. George E. Turpin, 25,
of 756 South Jefferson street, Ar
lington. were treated for minor in
juries at Arlington Hospital after
the accident at 2 a.m.
Pvt. Turpin’s auto was destroyed
by flames, police said.
Police estimated damage to
Chief Wise’s car at SBOO.
Police said Chief Wise told them
he thought the traffic light was
green as he approached and did
not see the car stopped at the in
tersection. Pvt. Turpin said he had
been stopped at the traffic light
and was waiting for it to turn
green when his car was struck.
Chief Wise was released under
pei'sonal bond for a hearing in
Arlington Police Court at 9:30 a.m.
Monday. He is a retired Washing
ton detective sergeant.
Phone ST. 3-5000 ★★ S WASHINGTON, D. C., FRIDAY, DECEMBER 12, 1952—EIGHTY-EIGHT PAGES.
Japanese Threatened Massacre
In Philippines, Wainwright Says
Ultimatum to Slay Corregidor Garrison
Forced Complete Surrender, General Testifies
By the Associated Press
NEW YORK, Dec. 12.—Lt. Gen.
Jonathan M. Wainwright testified
today a Japanese threat to slay
more than 10,000 American troops
who had surrendered on Corregi
dor forced him to surrender all
American and Philippine forces in
the islands May 6, 1942.
“I realized I’d have to do it,” he
said, “or the blood if all those
1 men (on Corregidor) would be on
my head.”
The general, left in command
of American forces in the Philip
pines after Gen. Douglas Mac-
Arthur escaped to Australia, tes
tified under subpoena as a defense
witness in the Federal court trea
son trial of John David Provoo.
The former American Army ser
geant was among Americans
taken prisoner on Corregidor.
General Appeared Wan.
Gen. Wainwright, now retired,
appeared in civilian clothes and
still showed the effects of hard
ships he endured as a prisoner of
the Japanese. Normally slim, he
appeared wan and carried a cane.
He was assisted to the witness
stand.
Forty Arnold Buses
Running During Strike
Instead ot Usual 130
Suit Filed by Union
Challenges State Seizure
On Constitutional Grounds
A striking union which has cut
Arnold lines bus service to a bare
minimum had Virginia’s public
utility seizure law under fire today. \
State Highway Commission em
ployes were behind the wheels of
the commuter buses again today,'
but they were still operating only j
on a rush-hour basis and ending )
their runs toward Washington at
Rosslyn Circle and the Pentagon.
Normally, to handle about 50,-
000 commuters a day, the line
would have 130 buses on the Ar
lington and Fairfax routes. Under j
the emergency operation, there
were only about 40 of them in use
for today’s rush hours.
They run from 6 to about 9:30
a.m., and from 3 to 7 p.m., and
will not be running at night or on
Sunday.
Drivers, mechanics and mainte
nance men walked off their jobs
early Wednesday morning in a
surprise action that left thousands
of morning rush-hour commuters
stranded at bus stops.
Line Seized by State.
The State, acting on an order
prepared by Gov. Battle late in
November, seized the line under its
Public Utility Seizure Act designed
to protect the public interest.
The union filed suit in Rich
mond City Circuit Court yesterday,
questioning constitutionality of the
seizure law, charging violation of
the Taft-Hartley law as well as
the State and Federal Constitu
tions.
No date has been set for the
| hearing.
Notice of the union's action was
served on Gov. Battle and State
Corporation Commission officials!
today by Richmond City Sheriff
James H. Young. The suit asks
temporary and permanent in
junctions to restrain the State
from taking over the bus line
operations.
A ferryboat workers’ union last
;year started an unsuccessful court
| fight against the State’s seizure
| law. The Virginia Court of Ap
peals ruled in favor of the Com
monwealth and the United States
Supreme Court recently refused to
review the decision, mainly on
grounds that the 1952 General As
sembly enacted a new law on the
subject.
The striking bus union is divi
sion 1079 of the Amalgamated
Association ot Electric Railway
and Motor Coach Employes of
j America.
Wage Increase Asked.
Before expiration of a contract
November 23, the employes asked
a general 30-cents-an-hour pay
boost. The company offered a 3-
cent increase now and a 5-cent
jone to be effective next November
to bring the Arnold pay scale to
a parity with that of the A. B.
& W. lines, which also operates
into Virginia. Basic wage for
Arnold drivers with one year ex
perience now is $1.67 an hour.
The union met at 2 a.m. Wed
nesday to consider the company
offer, but called the flash strike—
not because of the wage offer, but
because it said the company re
fuses to arbitrate.
One union official said the em
ployes would return to work im
mediately with company agree
ment to submit the dispute to ar
bitration.
The strike came with no warn
ing. The Democratic Council of
Arlington County has condemned
failure of the union to give the
public adequate warning. Leon
ard O. Hilder, in* presenting the
resolution, emphasized that the
council was taking no part as to
merits of the dispute, but he was
highly critical of the walkout
without prior notice.
Share-the-ride plans sprang up
quickly, even on the first day, and
are still in operation. Capital
Transit has expanded its service
to the Rosslyn terminal in order
to pick jip the Arnold passengers
bound to and from Washington.
Ws\t timing
The general said the Japanese
told him they would not accept
surrender of his forces on the is
land fortress of Corregidor unless
he surrendered all American
troops throughout the island.
Gen. Wainwright recounted in
detail the odds and hardships
faced by the American troops. He
said that after the Japanese took
the Bataan Peninsula they started
shelling Corregidor. The Ameri
;cans, he said, had been on half
rations or less.
Saw No Cowardice.
“The men were weak and the
incessant pounding had shaken
their morale somewhat,” he said.
“I saw no actual cowardice, but
a man can’t stand any more—
that’s all there is to it.”
He said that even after the
American troops on Corregidor
ceased firing the Japanese “kept
firing all day and all night."
The Government yesterday
rested its case against Provoo. The
former sergeant is charged with
assisting his Japanese captors
and with betraying Capt. Burton
C. Thomson to his death before
Japanese prison camp execu
tioners.
Eisenhower Avoiding
Tniman-MacArthur
Clash Over Korea
Will Play Golf, Confer
Further With Advisers,
Fly to U. S. Sunday
By th« Associated Press
HONOLULU, Dec. 12.—Presi
dent-elect Eisenhower, relaxing in
! bright Hawaiian sunshine from
his Korean tour and policy-shap
ing talks, was steering clear today
of any fight between President
.Truman and Gen. MacArthur over
| a peace plan for Korea.
Gen. Eisenhower planned to
play at least 18 holes of golf today
Picturo on Page A-4
on the windswept course alongside !
the sea at Kaneohe, the Marine
.Corps Air Station across Oahu;
Island from Honolulu. He also!
planned talks with John Foster
Dulles, Secretary of State-desig- 1
nate, and Gov. Douglas McKay of
Oregon, the selection as Secretary
of the Interior.
Two close associates predicted
Gen. Eisenhower would shun pub
lic controversy with the President.
Mr. Trunqan yesterday called the
Eisenhower mission to Korea a
“piece of political demagoguery"
and said it was Gen. MacArthur’s
duty as a soldier to report to the
President if he has any plan for
peace in Korea.
Won’t Get Into Quarrel.
“Ike is not going to get into any
quarrel with Truman,” one of
Gen. Eisenhower’s close friends'
said. “He’s going to see Gen.
MacArthur, as he said he would,
to get MacArthur’s views on the
best way to bring peace to the
Far East. He is not going to be
come involved in any fight over
it.”
Gen. Eisenhower is relaxing after i
his three-day tour of the frozen!
desolation of Korea and his cruise !
aboard the warship Helena. Oni
the ocean-trip from Guam, he
huddled for long hours with heads
of his new Republican administra
tion, shaping policy for Korea and
the Far East.
Kaneohe, on the eastern coast
of Oahu, is a green-clad beauty
spot nestled alongside the blue Pa
cific. Behind it rise the wind
sculptured cliffs known as the Pali,
a sheer wall with its top in the
clouds.
Gen. Eisenhower went there
from Pearl Harbor, where the
Helena docked yesterday. But first
his motorcade wound in a tri
umphant procession through Hon
olulu and to Punchbowl Memorial
Cemetery, overlooking the city
There the President-elect placed
a wreath in memory of the Pacific
war dead.
Golf Score Not Revealed.
He played golf yesterday. He
got a birdie on one hole, but
took a nine on another. He kept
his score to himself as he in
dulged in a half hour of practice
shots
Indications are that Gen. Eisen
hower will leave tomorrow after
noon for Travis Air Force Base.
Calif Officials at Travis said he
was expected there at 11 p.m.
(2 a.m., EST, Sunday) . . . two
weeks almost to the hour from j
the time he left Travis on his
journey to Korea.
Part of the President-elect’s
group left Hawaii last night for;
the United States. The group in-1
eluded Charles E. Wilson, Sec-:
retary of Defense-designate; Gen.
Omar Bradley, chairman of the
Joint Chiefs of Staff; George
M. Humphrey, Secretary of
the Treasury-designate; Herbert
Brownell, next United States At
torney General; Gen. Lucius Clay,
a close friend and adviser of Gen ;
Eisenhower, and Maj. Gen. Wil-;
ton B. Persons, a future White
House assistant.
Sandwich Kin Weds
HUNTINGDON, England, Dec.
12 (VP).—The Earl of Sandwich, a
descendant of the reputed in-j
ventor of the sandwich, today
married Mrs. Amiya Corbin, sec-;
retary of a Hindu religious order i
in Hollywood. He is 77, she 50.
Senate Hearing
Os MacArthur on
Korea Is Urged
But Russell Frowns
On Armed Services
Committee Session
President Truman’s new blast
at President-elect Eisenhower and
Gen. MacArthur, in connection
with the Korean fighting, today
brought.a Capitol Hill suggestion
that the Senate Armed Services
Committee take another look at
that situation.
And the warmth of the Presi
dent’s remarks provoked retorts
Transcript of President Truman's Press
Conference Remarks. Page A-7
in kind from partisans of his
targets. But there was no reac
tion from either principal.
Senator Hunt, Democrat, ot
Wyoming said he felt there should
be an extraordinary session of the
Armed Services Committee to get
Gen. MacArthur’s views, on end
ing the war.
Senator Stennis, Democrat, of
Mississippi also liked the idea.
But in Atlanta Senator Russell,
Democrat, of Georgia, chairman
of the committee said he doubted
if any useful purpose would be
served by such an inquiry.
In the more neated area,
there were cries of “arrogant” and
“slanderous” from the G. O. P.
side, as the President drew new
fire after his news conference
comment yesterday.
Truman Doubts Plan.
Mr. Truman told reporters he
didn’t believe Gen. MacArthur
had any new plan for ending the
Korean fighting despite his state
ment before the National Asso
ciation of Manufacturers that he
;is convinced “there is a clear and
definite solution” for the conflict.
The President said the Senate
Armed Services Committee had
heard Gen. MacArthur exhaus
tively after his removal as Far
Eastern commander in April, 1950,
but nothing new had developed.
.He also accused the general of
I giving him a “lot of misinforma
|tion” at their Wake Island meet
jing.
The President fired the general
| for advocating tactics the admin
istration said would lead to an
all-out war.
Turning on President-elect Eis
enhower, the President used the
term demagoguery in connection!
with the Eisenhower trip to the!
Korean battlefield.
The President, in his caustic
colloquy, rejected the suggestion
of Senator Watkins, Republican,
of Utah that he call both generals
here for a meeting, saying that
nothing would be served by it.
Senator Hunt, however, while
taking no part in the row feels
there is room for exploration.
“I would like to see Senator
Russell call either or both gen
erals to Capitol Hill to brief the
Armed Services Committee.” he
; told the Associated Press previ
j ously.
Senator Hunt said he thought
(See TRUMAN, Page A-4.)
Red Peace Congress Opens
Late With Small Crowd
By the Associated Press
i VIENNA, Dec. 12.—World Com
munism’s biggest postwar “Con
gress of Peoples for Peace” opened
today almost an hour late —to a
half empty hall.
The Kremlin-sponsored Con
gress of Communists and fellow
travelers was Scheduled to open
at 4 p.m. in Vienna’s huge concert
house. But the opening was 50
minutes late and the hall, which
normally holds 2,100 people, held
only half that many.
The Communist organizers of
the conference claim many dele
gates have been delayed by fog
which enveloped the city today.
The Communists say approxi
mately 100 countries will be rep
resented when all the delegates
finally arrive.
Scores of correspondents, an
hour after the scheduled open
ing, were still attempting to get
seating cards from officials.
Newly Discovered Jupiter Moon
Travels in Wrong-Way Orbit
By the Associated Prats
Discovery of a r.ew wrong-way-!
travelling moon of the giant;,
planet Jupiter was announced to-i|
iday by the Carnegie Institution of j.
Washington in its annual report
It’s a pipsqueak in size and. like
three others among Jupiter’s total >
Advances in Many Fields Revealed in Car
negie Institute Report. Page A-10'
—————
retinue of 12 moons, violates the <
heavenly traffic rules. (
It cruises around Jupiter in an |
east-to-west direction, whereas |
standard operating procedure is
west-to-east. i
It’s visible only on photographic ii
plates taken with a giant tele- j
scope.
The new one is in outer fringe i
|of Jupiter’s dozen moons and it ]
'takes 700 days to make a round- i
trip of its orbit. It measures only <
14 miles around the waist—com- t
I pared with Jupiter’s largest moons
which measure 3,200 miles around i
and are 50 per cent larger than <
I the earth’s one moon. i
The discovery was made by 1
Employes' Federation to Protest
District Ban on Dec . 26 Holiday
Economy Edict Will Affect 19,000;
Time Off to Be Charged to Leave
The American Federation of
Government Employes plans to
protest the District’s denial of
a post-Christmas holiday to city
government workers, it was
learned today. i
A spokesman said the Federa-;
tion is discussing the matter now.
As plans stand, the 19,000 Dis
trict employes will have to work!
December 26 while their colleagues
in Federal service have a day off.
The Commissioners ruled out 1
the extra holiday because they felt
the city can’t afford it.
The Commissioners are sending
the word around to department!
heads today. Along with these in-!
structions, however, the city heads
are telling their agency chiefs to 1
Merchant Shot Fatally
In Silver Spring Home
: John T. Williams, 51, operator
! of a meat shop at Center Market,
jwas found fatally wounded today
at his home, 2030 Glenross road,
!Silver Spring.
Mr. Williams died shortly be
fore 8 a.m. at Washington Sani-j
tarium of a bullet wound behind
the right ear.
Detective Sergeant Charles C.
Pearson said Mr. Williams had
just gotten out of bed. He said Mr.
Williams shot himself with a .32
calibre automatic in the upstairs
bedroom.
Mr. Williams’ son, John T„ 15,
found his father. Mrs. Williams, a
nurse at Homeopathic Hospital
was on duty. Mr. Williams also is
survived by a daughter, Polly
Anne.
Police said Mr. Williams had
been depressed for some time. Dr.
F. J. Broschart, county medical
examiner, was to examine the
body today.
Mr. Williams also is survived
by two brothers, Herbert T. Wil
liams, 421 Oglethorpe street N.W.,
and Edwin T. Williams. 2014 Perry
street N.E., and his father, John
T. Williams, North Miami, Fla.
Kesselring Will Quit
Veterans' Organization
By the Associated Press
MUELHEIM, Germany, Dec. 12
—Former Field Marshal Albert
Kesselring announced today he
will resign from the honorary
presidency of the stahlhelm (steel
helmet) German veterans’ organ
ization.
Kesselring took tne post after he
was freed from the British war
crimes prison at Werl
'Astronomer Seth B. Nicholson of
the Mt. Wilson and Palomar ob
servatories operated jointly by the
Carnegie Institution and Cali
fornia Institute of Technology.
Mr. Nicholson is an old hand
at discovering Jovian moons. He
spotted his first one in 1914 and
two others in 1938. He was
checking up on his previous dis
coveries in order to bring their
orbits up to date when he found
the new one on his photographic
plates.
The Carnegie Institution’s report
jalso confirmed something gleaned
'unofficially from the astronomical
grapevine a couple of weeks ago:
Astronomers at Mount Wilson
and Mount Palomar believe they
have discovered evidence of a
titantic collision of two giant star
clusters trillions of miles from
the earth.
But if it happened, it hap
pened millions of years ago, and
even if it’s still going on—as it
probably is—it could have no ef
fect on our planet.
try to let off as many employes as
But the time will be de
ducted from their annual leave.
Commissioner F. Joseph Dono
hue said he regrets the city cannot
; follow President Truman’s lead in
;designating December 26 as an of
ficial day off. For the District to
have done so would have cost an
jestimated $60,000 in overtime pay
;for the hundreds of employes who
must be on the’ job, holiday or not
Keeping enough policemen on the
streets alone would cost $16,000.
■j Owing to budget cuts for the
current year, the departments
have no funds to absorb the dou
ible-time pay necessary.
! “You can’t spend money you
don’t have,” Commissioner Dono
hue observed.
666 Air Force Planes
Produced inNovember
For Postwar Record
750 to 800 a Month
Through Mid-1954 Seen;
'Slowdown' Denied
By John A. Giles
! Deliveries of aircraft to the Air
Force last month totaled 666
'airplanes—the highest point in
numbers since World War 11.
Undersecretary of the Air Force
Roswell L. Gilpatric, disclosing the
production figures today, said ac
ceptances of aircraft next month j
would approach 750.
“So far as we can see now it!
will remain at the 750-800 a!
jmonth level at least through mid
; 1954.” he said.
Mr. Gilpatric emphatically de
nied some published reports that
the Air Force’s airplane produc
tion program was undergoing an
othre “stretch-out or slowdown.”!
He recalled that he stated last
September that certain produc
tion delays and engineering dif
ficulties were being encountered
with new models.
Few Being Held Up.
“The story on the troubles with
the Northrop F-89 Scorpion fight
er is well known, but the total
number of new airplanes which:
are being held up as a result is
relatively small,” he declared.
He added that many of the pro
duction difficulties with the J-55 ;
Sapphire engine program had;
been overcome and that although
the second source of these en-:
gines—Buick—is not yet produc
ing in quantity, “the combined!
output of the two sources will be
sufficient to meet the engine in
stallation requirements of both
the Republic F-84F and the Glenn
Martin B-57 Canberra.” Wright
Aeronautical is the primary pro
ducer.
Production of the J-65 engines!
has been scheduled so a minimum
quantity will be produced contain
ing aluminum blades, since they
vibrate and restrict operations in
a limited range, he said. This
difficulty will be overcome with the
installation of steel blades.
Two B-47 Wings.
“Our other two major programs
in terms of volume. The North !
American F-86 fighter and the!
Boeing B-47 medium bomber, are
in good shape.” Mr. Gilpatric said,
adding that two B-47 wings were
: now in existence.
The 666 plane figure does not;'
include the Navy and Marine!
Corps but does include aircraft);
bought by the Air Force for the
Army and the arms aio program.
In air frame weight November
production totalled nearly 8 mil- ’
lion pounds, Mr. Gilpatric as
serted.
Seoul Has Raid Alert
SEOUL, Korea, Dec. 12 (/P).—A
Communist plane, identified as a
TC-2. an obsolete biplane trainer, l
ventured south to the Seoul area 1
tonight and set off a 30-minute
alert over the battle front.
Order Sunday Ads Now
Order your classified ads for The Sunday
Star now. Don’t wait until tomorrow as
the noon deadline approaches. Telephone
ad-takers are on duty an extra hour—
until 10 o’clock—tonight for your con
venience. Phone Sterling 3-5000.
Home Delivery, Monthly Rotet. Evening and Sunday. 51.76 a* /'TXTrpr'
Evening only. $1.30: Sunday only. 46c: Night Final 100 Additional O L/HiIN io
Cab Driver Is Killed
After Friends Take
Him Home From Bar
Woman Charges Threat,
Tells of Blow on Hands
To Make Him Drop Gun
Prince Georges County police
today were investigating the i
death of a Washington cab
driver, whose body was found
early today at the home of a
friend.
Police said the victim. Ennis
Carlo Owen. 41. of 1220 Sixty-j
first street, Hillside. Md., died
from a blow on the head, struck
by a tape-wrapped iron bar.
Mr. Owen was a driver for
the American Cab Co. in the Dis-;
trict.
Police were questioning Leo
Lagana, who lives in a small house
in the woods off the 6300 block of)
Marlobro pike at Oakland. Md.,
1 and his wife Rose Marian Lagana,
46, at whose home Mr. Owen died.
Police said the Laganas told
them Mr. Owen died during a
struggle at their home.
Dr. James I. Boyd, who pro
nounced him dead at the scene,
put the time of death at about
3 a.m.
Taken Home From Tavern.
According to police, the Laganas’ j
story was that Mr. Owen had
been drinking most of yesterday,
and that they took him home,
with them last night from the
Home Stretch Tavern, on Marl
boro pike a short distance away.
They said they were awakened
early today when Mr. Owen came
'into their bedroom carrying Mr.
)Lagana’s shotgun. Mrs. Lagana
said he told them:
j “I'll kill you both.”
Mr. Lagana got out of bed and
began to struggle with the man.
Mrs. Lagana said she went to a
dresser and took the tape-wrapped
bar from a drawer.
Blow on Hands Admitted.
She struck Mr. Owen on the
hands, ponce said she toid them,
in an effort to make him drop the
shotgun It was not clear, police
said, how Mr. Owen suffered the
blow on the head. They were
questioning the Laganas further
at Upper Marlborp police station.
Witnesses at the Home Stretch
Tavern said Mr. Owen had been
Idrinkmg there yesterday, and be
came unruly. Mr. Lagana took
ihim home, they said, to keep him
lout of trouble.
About 4:30 a.m. Mr. Lagana re
i turned to the bar and said Mr
j Owen was dead.
Elevator Operator Dies
In Plunge Down Shaft
A 55-year-old apartment house 1
employe died early today in a six
floor plunge down the elevator
shaft of the Touraine Apartments, j
1630 R street N.W. i
The victim was David J. Robin
son. 55, colored, of 6408 Lee place, j
Cedar Heights, Md., an elevator |
and switchboard operator, who had
been employed there about six;
weeks
Homicide detectives Baid the
man, who had an artificial leg.
apparently was trying to climb
into the elevator which had stalled
about 5 feet above the level of
the sixth floor.
Timothy Graham, 40, colored,
the assistant janitor, said he was
working in the basement boiler
room when Mr. Robinson came
down to report the faulty eleva
tor; then went back to the top
floor on the freight elevator to see
if the doors were properly closed t
Mr. Graham said he heard a (
loud noise “like a bunch of bricks (
falling” into the shaft. He found I
the body when he opened the base- I
ment door to the shaft. F
New York Markets, Page A-39,
Jury Deliberates
Fate of Nine in
Drug Conspiracy
Panel Locked'Up
Overnight; 40-Year
Sentences Possible
A jury of eight men and four
women today was still deliberating
the fate of Randolph (Catfish)
; Turner and eight co-defendants
accused of conspiring to funnel
into Washington $1 million worth
of dope annually.
The jury, the first to spend the
night in the new courthouse “ho
tel,” resumed its deliberations
shortly after 9:30 a.m. today.
They went to lunch at 12:30 p.m.
The defendants, if found guilty
on all counts of the six-count in
dictment, face a possible maximum
penalty of 40 years in jail apiece.
But such maximums are seldom
imposed. Under the law. sentences
of up to five years may be given
for eacn of four of the counts and
up to 10 years for two other
counts.
The panel was given the case
at 3:33 p.m. yesterday by Judge
David A. Pine in the U. S. District
Court for the District of Columbia.
The case was in its fifth week of
trial.
Besides Turner, the alleged head
of the syndicate, other defendants
are: Richard Manfredonia and
Lawrence Carrado, accused as New
York wholesalers for the alleged
ring; Sam (One-Eye) Palmer,
Leon James, Edward Atkins. Jo
seph (Peter Rabbit) Smith, War
ren Williams and Allan (Turk)
Williams. All are colored except
Manfredonia and Carrado. An
other original defendant, Harry
Tantillo of New York, is a fugitive.
Equal Guilt Outlined.
In his instructions to the jury,
Judge Pine told the panel that, “if
two or more persons conspire to
commit an offense,” and if one or
; more of the conspirators "do any
act to further the conspiracy,”
each shall be held equally guilty.
1 In the indictment, the Govern
; ment charged a total of 39 overt
acts had been committed. The
. alleged acts ranged from visits
of some defendants to the homes
of others to actual sale of nar
cotics. For an action to be con
sidered an overt act, it must be
: shown to have been made in
f furthermore of an existing con
. spiracy.
’! Judge Pine defined conspiracy
■as an agreement—“a unity of de
]\ sign or purpose” to commit an un
lawful act. He stressed that the
j agreement need not be written
■ but may be verbal or tacit.
t Need Not Know Details.
The jurist declared that it was
not essential for conviction that
/each alleged conspirator have
! knowledge of the details of the '
! Plan or even know the other con
; spirators. He stated that the acts
/of one conspirator may be held
against the others, if the acts
were done in furtherance otf the
I plot.
i Testimony concerning the other
. five counts of the indictment, hav
i lng to do with alleged sale of dope
by Smith and seizure of narcotics
at Smith’s home, did not directly
1 involve the other defendants.
But Judge Pine told the jury
| that one who conspires with an
-1 other is also guilty of any sub
stantive offense committed by the
other, if the offense was part of
, the conspiracy.
On the other hand, he said, if
any of the defendants, except
; ! Smith himself, was found inno
■ cent of conspiracy, they could not
> be found guilty of the dope-ped
, dling charges in the other five
' counts.
Addicts as Witnesses.
! The Government had built its
i case mainly on the testimony of
former dope peddlers and addicts,
with the explanation that persons
with a personal knowledge of dope
syndicate operations are not gen
erally found “in the social regis
ter.”
These witnesses—Nellie Leach,
Herbert (Bucklejaws) Johnson,
i Esther Wright and Paul Robinson
—were attacked by defense coun
sel as “captive witnesses” and
“liars” who gave false testimony,
with the understanding the Gov
ernment would go easy on them
for past offenses.
The Wright woman and Paul
Robinson originally were among
the defendants in the conspiracy
case. But charges against Esther
Wright were dropped, and Robin
son pleaded guilty to one count
of the six-count indictment. Later
he testified he had served as a
(See DOPE, Page A-4.)
Reporter Parlays
$615 to Victory
NEW FACES IN CONGRESS—Politi
cal experts said it couldn't be done but
Don Magnuson went into the Democratic
primary in Washington with only $615
and won. Representative-elect Magnu
son, Seattle newspaperman, is intro
duced on page A-24.
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Financial A-39 Section 1-1-5