Evening Star Newspaper, January 26, 1933, Page 5

HUSBAND CLAIMS ESTATE OF WIFE Penciled Note Made Basis for Suit to Obtain All of $88,000 Property. A penciled memorandum written by Mrs. Elizabeth Licarione on her death bed was used today by her husband, ‘Thomas Licaricne, to open a battle in the District Supreme Court for his wifc's $88,000 estate. Mrs. Licarione eommitted suicide December 15 last. The will of Mrs. Licarione, filed by the Washington Loan & Trust Co., limited her husband’s share to that fixed by law. Claims Whole Estate. Licarione asked the court, through » Attorneys E. A. and R. W. McMahon, to refuse probate to the will and to hol4 that his wifa died intestate. Licarione filed the memorandum with his request. He said he received it from the late Coroner Joseph D. Rogers. The memorandum stated that the will held by the trust company should be con- sidered as void and that the husband should receive her entire estate. | The memorandum was undated, but Licarione said it was written by his wife on the day of her death and plainly showed her testamentary disposition, which she did not have time to put into legal form. Estate Worth $88,800. Licarjone said his wife owned real estate having an assessed value of , $88.000, in addition to personal property | ~ CLARK'S DEFENSE valued at about $800. Mrs. Licarione is survived by three brothers, residing in~New York State, and by a child that would be 32 years | old. Her child, however, Licarione de- | clared, has not been heard of for many years. RAIL PAY PARLEYS FAIL British Unions’ Refusal of Cuts Brings Deadlock. LONDON, January 26 (£.—Railway employes officially announced yesterday, through their union leaders. they would not accept wage cuts submitted by Sir Harold Morris, chairman of the na- tional wages board. which recently heard the cases of both employes and the companies. Efforts to reach a compromise be- tween the two parties have definitely failed. The companies may either ac- cept the demands for the regular wage scale or post notices of wage reductions despite the determined opposition of the employes and hope they will not call a walk-out. THE WEATHER District of Columbia—Fair and slight- ly colder with lowest temperature nbout‘ 36 degrees tonight; tomorrow increas- | ing cloudiness with rain beginning to- | morrow afternoon or night; diminishing northwest winds becoming southeast or south and increasing tomorrow. Maryland—Fair, slightly colder in | east portion tonight; tomorrow increas- ing cloudiness with rain beg.nning to- morrow afternoon or night: slightly warmer in west portion tomorrow. Virginia—Fair. slightly colder in east and central portions tonight; tomor- row increasing cloudiness with rain beginning tomorrow afternoon or night; slightly warmer tomorrow. 1 West Virginia—Fair tonight; tomor- oW rain. warmer in east portion; coldtr' tomorrow night. 1 River Report. Potomac and ghenandoah Rivers clear this morning. Report for Last 24 Hours. Temperature. Barometer. Yesterday-—+ Degrees. Inches. 52 8 pm.... Midnight . Highest, 52, ago. 30 Lowest, 40, 1 a.m. today; Tide Tables. (Furnished by United States Coast and ' Geodetic Survey.) ‘Today. 8:14am. 2:40a.m. 8:44 pm. 2:55 p.m. The Sun and Moon. Rises. Sun, today.... 7:20 8un, tomorrow 7:20 5:23 Moon, today.. 7:58am. 6:17pm. Automobile lights must be turned on one-half hour after sunset. Precipitation. Monthly precipitation in inches in the Capital (current month to date) 1933. Average. Record. 283 3.55 7.09 '8 e 327 3.75 3.27 6 pm. yesterday; year year ago, 36. ‘Tomorrow. 9:06 a.m 3:28a.m. 9:32 pm. 3:46 p.m. High ........ Low . High Low Sets. 5:22 October. November. December. Weather in Various Cities. Temperature. & =2 Stations. *** £8pI2ISIL SIUBH Abilene Cloudy _ Cloudy Pt cloudy i3 Rain 5 Cloudy Pt.cloudy Snow Cincinnati. Ohio Cleveland, Ohio Columbia.' 8. C Denver. Colo Detroit. Mich El Paso. Tex_ . Galveston. Tex. Helena, Mont Huron.' S Dak Indianapolis Ind ar Pi.cloudy * Cloudy ! Ptcloudy Louisville, Miami, Fla.. E Fl rloudy 9 Bheloudy Pt cloudy 3 Rain Clear Cloudy Cloudy . Pt.cloudy Btcloudy (7 a.m., Greenwich time. today.) ati ‘Temperature, Westher, ndon. England . 26 Part cloudy aris. France loudy Vienna, Austria Cloudy Clear . 5"1 :lnud! Swed BtocK g e Greenwich t (Payal). Horte ’mrrrm observ l;\ons 3 5. Bermuda E GJ'!?C:.'cPuertu Ric 2 | identity | same reason applied to other witnesses, THE EVENING STAR, WASHINGTON, D. C., THURSDAY, JANUARY 26, 1933. Mussolini Reviews Former Service Men THE UPRAISED ARM GIVES WAY TO THE FIST AND DAGGER. HE traditional Fascisti salute of the upraised arm is replaced by the upraised fist clufching a dagger as Premier Mussolini reviews former Italian service men now serving in the Fascisti Militla during a recent inspection in Rome. —Wide World Photo. COMPLETES CASE Accused Former Clerk’s Wife Is Among Witnesses Called at Rockville Trial. By a Staff Correspondent of The Star. ROCKVILLE, Md., January 26. v’l‘hv defense in_the embezzlement trial of Berry E. Clark. indicted former clerk of the Montgomery County Board of Commissioners, completed its case at| 1:35 o'clock this afternoon, following' testimony as to Clark's prior good | reputation, given by another group of priminent county citizens. One of the final witnesses for the defense was the wife of the accused man. She testified the Clark home was | mortgaged, the family automobile was an old one and she and her husband had never been given to extravagance. Mrs. Clark, dressed attractively in black, was not cross-examined by lhe prosecution Among the character witnesses this | afternoon were Othir Trundle, Gaith- | ersburg town councilman; Frank Dwyer, former supervisor of elecuons m the county; William H. Fulkes, farmer; | Hiram Harvey. former county commx<-‘ sioner; Mrs. Ella Cashellf neighbor 0( Clark. and Rev. Forest Prettyman, for- mer Scnate chaplain and father-in- la!\ of the accused man's daughter. Treasurer Testifies. Testimony intended by the defense ID show that Clark turned over large sum of county money to the county tressurer | during the period involved in the fm’-l mer clerk’s alleged embezzlement, was given today by Forest F. Walker, treas- | urer of Montgomery County. Called as a_witness for the defense, ‘Walker identified numerous checks re- ceived from Clark from July 11, 1930, | to February. 1931, during which time the State charges that Clark misap- propriated $426. | The treasurer also identified a num- ber of receipts which had been given the former clerk when the payments were made. | Compared Books Quarterly. i The county treasurer said it was the pratice in his office to make a quarterly comparison of the books of the treas- urer and the clerk of the county com- missioners. Under cross-examination by State'’s Attorney Stedman Prescott, ‘Walker, in response to several questions, brought out that the comparisons would not have revealed any funds which Clarks may have put into his special clerk's account at the bank. | Prescott then exhibited to the jury! all of the receipts introduced by the| defense during the questioning of Walker, announcing that he wished to| show the jury that the money involved had been used for purposes other than those concerned in Clark’s alleged mis- appropriation of $426, for which he is being tried. State's Attorney Testifies. Prescott was the first witness called by the defense yesterday afternoon, | following resting of the State's case. Defense Attorney Welsh sought | to learn from the prosecutor the of the person who had given the State certain personal checks of Clark. After Prescott had objected to answering several questions, he testified the checks were produced by Lewis F. Bond, an auditor. Welsh | called attention of the jury to the fact that Bond had not been called as a | State witness. Welsh also commented on the failure of the State to cal! Roger Whiteford, counsel for the commission- ers, or Robert % Hagner, a member of the Board of Commissioners. Cross-examining _himself, =Prescott told the jury that the reason the State had not called Bond as a witness was because it was felt he “‘could throw no light on the issue in this case.” The he sald. CARNEGIE HERO MEDALS GIVEN TWO MAINE MEN One Rescued Child From Stream and the Other Saved Woman From Lake. By the Associated Press. PITTSBURGH, January 26. —Two | Maine residents, Frank Hillman Speed, 45-year-old real estate dealer of Mil- linocket, and Woodrouffe L. Bartley, 20, Greenville trucker, were awarded bronze medals yesterday by the Carnegie Hero Fund Commission. Speed saved 4-year-old Joseph V. Caron from drowning December 4, 1931, after the baby had fallen off the bank of the Millinocket stream and broke | through thin ice 15 feet from the bank. Although a poor swimmer and fully clothed, Speed ran onto the ice, broke through and managed to reach and hold the child above water until aid arrived. Bortley saved Mary A. Mountain, 58, from drowning at Greenville, Me., Sep- tember 28, 1931, when her automobile plunged into Moosehead Lake from a wharf. Only after diving for the| seventh time was he able to rescue Lhew woman frem within her car. He had to | brgamed from the water. She was re- | vived. since 1920 ter, grand secretary, Grand Master MORRIS L. DREEBEN. DREEBEN ISNAMED BY ODD FELLOWS Other Offlcers Elected and Reports Made at Session of Grand Lodge. Morris L. Dreeben, 6221 Fourth street, was elected grand master of Odd Fel- lows in the District last night at the an- nual session of the Grand Lodge. held at Odd Fellows’ Temple, 419 Seventh street. Mr. Dreeben is a member of Excelsior Lodge, No. 17, I. 0. O. F., and his election makes him the 102d grand master of the organization here. Charles B. Lampe was elected deputy grand master: James H. Solt, grand warden; Harry L. Andresen, grand sec- | retary, re-elected for the tenth term, and James E. Chamberlain, grand treas- urer. Wilfred E. Lawson, past grand master and past grand patriarch, was unanimously named grand representa- tive for the third term of two years to! represent this jurisdiction in the Sover- | eign Grand Lodge. Annual Reports Submitted., | Past Grand Lemuel H. Windsor was named representative to the I. O. O. F. board of trustees for a term of two years and Past Grand Chalmers F. Groff was elected to serve on the board of trustees of the Grand Lodge for term of a year. The annual reports of the grand mas- grand treasurer, I O. O. F. Home Association and the | grand representatives were submitted to | the Grand Body for consideration and action. ‘The lodge will recovene tonight at 8| o'clock. More than 500 representativea\ and past grands were in attendance mt* night. Moved to Washington in 1907. Mr. Drecben was born in Vilna, Po- | land. At the age of 4 years he came to| New York City with his parents and | attended the schools there, six years later moving to Asbury Park, N. J.| where he finished his education. He moved to this city in 1807 and entered | Into the mercantile business. For the last | 22 years he has been manager and | lk'z)uyer for Herman's department store ere. | He began his activities in the order | by belng initiated into Neptune Lodge, | No. 84, Asbury Park, in 1907. His mem- | bership was transferred to this city in| 1923. He is a member of other branches | of the order. Brazil's coffee council has been given the right to prchibit planting. | young couples NORTH CAROLINA REPEALS MINORS’ MARRIAGE LAW Kills Provision Requiring Five Days’ Public Notice of In- tention to Wed. By the Associated Press. RALEIGH, N. C., January 26.—North Carolina yesterday repealed a law re- quiring minors to give five days’ public notice of intention to wed when parental | consent is not given. #nd therebv dealt a blow at the marriage business in bor- der counties of South Carolina and! Virginia. The bill, approved on final reading by the State Senate, will become effective upon its ratification, probably today. South Carolina and Virginia have had no marriage ban law and thousands of from North Carolina have crossed the State line to wed. 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