Evening Star Newspaper, June 13, 1935, Page 3

NEWSMEN FACE WRATH OF COURT Herald Editors and Writers Cited for Report of Al- leged Verdict. By » Btaft Correspondent of The Star. ROCKVILLE, Md., June 13.—Judges { of the Maryland Circuit Court rnrl Montgomery County have cited two reporters and two editors of the Wash- ington Herald to show cause on or before Monday why they should not be | adjudged in contempt of court for *“obstructing” and “embarrassing” lhe‘ administration of justice in connection with the publication of what reputedly was the verdict, arrived at in secret, in the case of John Martin Boland, | alleged conspirator in the Lyddane case. The judges—Chief Justice Hammond Urner, Arthur B. Willard and Charles | W. Woodward—wished to withhold announcement of their verdict in the case of Boland, 42-year-old Washing- ten gambler, for fear it might prejudice | the jury picked vesterday to try Mrs. | i Lyddane on a charge of l’onsplrmwl with Boland and three others to do| ! away with her husband, Francis| ¢ (Slom) Lyddane. Boland, who elected to be tried by | the judges instead of a jury, was given | a hearing first. It ran for two days | and on conclusion the judges retired | to their chambers to reach their ver-| ¢ dict. They later asserted the result of this conference was imparted to no | one and yesterday warned the Jury‘ picked to try Mrs. Lyddane to dis- | regard the newspaper story to the | effect that they unanimously found | Boland guilty. § Those cited to show cause why they | should not be adjudged in contempt | of court were Michael W. Flynn, man- aging editor of the Herald; Ray Hel- gensen, city editor: Pat Frank, special correspondent, and David Lee, who covers Montgomery County for the | paper. The American Newspapers, Inc., also was cited. The citation ordered each of those named to show cause as to why they should not be held in contempt of OO W AT THE EVENING TAR, WASHINGTON, D. C., THURSDAY, JUNE 13, 1935. Camera Study of Mrs. Lyddane " | tional. * | statement added. HOLDING COMPANY BATTLE RENEWED Byrns Expects Break in Deadlock Following Talk With Leaders. By the Associated Press. Administration leaders today con- tinued efforts to end a committee deadlock which is blocking House ac- tion on the bill to abolish “unneces- ry” public utility holding companies, & measure tlready approved by the Senate. ‘The legislation has been tied up in the House Interstate Commerce Com- mittee for nearly four months. Its passage by the Senate this week has not spurred the committee to action, as some advocates of the measure had hoped it might. Speaker Byrns and Charles H. West, White House con- tact man, conferred with a number of | committee members yesterday and Byrns sald afterward he expected something to be reported out “soon.” Statement Is Issued. ‘While Representative Rayburn, Democrat, of Texas, chairman of the | committee and coauthor of the hold- | ing company bill, also predicted early | action, Representative Pettengill, Dem- ocras, of Indiana issued a statement declaring “the death sentence” in the | measure as it was approved by the Senate is unnecessary and unconstitu- “It is deflationary of values” the | “It is destructve of recovery. It will freeze uncertainty. | “If the Senate bill becomes law it | will receive another devastating re- | | buke from the Supreme Court. As| one interested in the prestige and | ma jor objectives of the party in power, I do not want that to happen.” Pettengill is a member of a six-man | subcommittee appointed to handle the | bill's provision for abolishing, by Jan- uary 1, 1942, those holding companies | which are unable to convince the Gov- | Mrs. Annr Lvddnne as she lpptlrs during her trial at Ro(‘k\ll\e on chnrgn of plolllnz her husband’s death.—A. P. and Harris-Ewing Photos. Lyddane (Continued Prom First Page) court “for making and publishing re- ports purporting to make disclosures as to a private conference of the Judges of this court in chambers upon an issue to be determined by their verdict, and stating a conclusion al- leged to have been reached in such | = conference, and for embarrassing and | chair and, in & casual, conversational | obstructing the administration of jus- | manner, related how Mrs. Lyddane tice.” | approached him and asked if he could | Montgomery County authorities were | procure a man to kill her husband. uncertain as to what penalties might | * He said he went to Washington be mssessed in the case should the |and returned to Rockville with | defendants be held in contempt. | Boland, the gambler, who already | Miss Vivian Simpson and Edward | has been tried in the conspiracy. | Peter, Rockville attorneys, wsre re- | Boland had asked for a hearing be- tained by the two reporters, l-unk\mr, the judges. and Lee, to represent them In the | with Boland, Carnell said, he went conu:mpt proceedings. to Mrs. Lyddane's apartment. While | = he was in the kitchen having a S\mphon\ drink, the witness continued, he overheard details of a conversation | in which Mrs. Lyddane sought to hire Boland as an assassin. Says Thomas Was Paid $500. was the desire on the part of the | Prior to this, Carnell said, Mrs. orchestra leaders to bring in several | Lyddane came to him about December musielans from other cities to fill out {1 8nd said she wanted her husband the ensemble for the Summer concerts. ’ killed. He said he went to Washing- Federal aid had been promised by the | ton and returned with Harry (Rags) Pederal Emergency Relief Administra- | Thomas, introducing him "to Mrs. (Continued Prom First Page.) tion which proposed to make a grant | sufficient to pay a 50-man orchestra, provided the Washington Symphony Orchestra succeeded in hiring 25 addi- tional musicians. | When the orchestra campaigned for | $100,000 sustaining fund this year, the series of Summer concerts was an- nounced as a part of a plan to enlarge the scope of the orchestra. Only about $66,000 was subscribed, however, and the association turned to Admin- istrator Harry L. Hopkins for funds to pay for the series. Promises were forthcoming under the new work relief program but the plans are so immature and so “vague” ax yet, that hope for financial aid | from the Government for this Summer | has been abandoned. | To give a Summer concert program | of nine weeks, as planned, the or- chestra needed several musiclans to | take the places of those who had re- signed to accept more lucrative posi- tions elsewhere. Those needed, Mr. Tappel said, included a bassoon play- er, an oboe player, a first flutist and | several other musicians out of the ordinary. These musicians, Mr. Cap- | pel claimed, could not be secured among male musicians in Washing- | ton. When the orchestra association pro- posed to hire out-of-town musicians to fill these needed places, the local union protested. They demanded | that local musicians be used or that local musicians eligible for the posts be paid as well as the outside per- formers. Another cause of friction was the Intention of the orchestra leaders to | 0 outside also to engage an assistant | concert maestro. The musicians’ union also is de- | manding, it was said, that one or more musicians previously discharged from the orchestra be reinstated. The orchestra troubles were sched- uled to come up before the union | vesterday for consideration. This meeting was postponed, however, be- cause the officers are attending a convention outside of Washington. ‘Tomorrow’s course of the directors may determine the future fate of ‘Washington Symphony Orchestra. It 4s possible that the question of taking \In woman musicians may Be considered. 4t has been the policy heretofore to ergage only male musicians, although the feminine talent in Washington is eonsidered by many to afford highly grtistic material for any orchestra. « The situation must be determined definitely, Mr. Cappel feels, if the orchestra is to survive. Additional musicians will have to be engaged if the Winter series are to be carried out and the orchestra maintained, hhe said, at the high standards neces- sary. SPECIAL NOTICES. WL O™ BE RESONSIELE @ebts contracted by an: CLAUDE_CAR’ self. DAILY TRIPS MOVING LOADS A Yo o Battohite. and New 4 rmmenz ulm 08 10, other Eastern m DA musm & STORAGE 00 ._phone Decatur 2500. W—“‘m.: an vll"t“lowdl to anlnu L'elefglln 1.000 ;nn’ moving llso Phone Wl.tlnnlfe 4 ASSOC.. INC.. B . W ‘WANTED—RETURN l-OAD! mu nn .f‘l City Miami, Hartford. l'e' York Co- ulllglll s Birm! im U'lnl 1313 You s Phone Nofl.hueis C”REPAIRS. eels. Inc. Shop oo charse Jor praveling tme. md to $1 minimum service charge. one_District 6171. LE FOR ANY ong otger than my- R l0k1 78, Porg " oo §30986: Hupp coach, m motor sedan, motor Ne 25113‘ moter xo°zosu%a e hevrote |ing out the conspiracy. Lyddane at the tavern where Clmen | was employed as bartender. ‘The witness said Mrs. Lyddane and tavern, but he did not hear the con- versation, “Three or four days later.” Carnell continued, “Mrs. Lyddane told me she gave Thomas $500 and now had | ‘Slom all tied up.’” Prior to this, Carnell said, he went | to Washington with Mrs. Lyddane in her automobile for the purpose of “seeing a fellow” to kill her husband. In Pebruary, Carnell said, Mrs. Lyd- | dane told him -omemmg must be done “right aw: Tells of “Bo Bo” Note. Carnell testified the defendant came | often to the tavern for lunch. and “plenty times” urged haste in carry-| The witness said that after Mra.| Lyddane and Boland were nego-| tiating, he delivered a note to the bank secretary from Boland saying: “Send the money in $10s and $20s.” The note was signed “Bo Bo,” Clrnen\ | said. Then, Lyddane brought him an envelope | containing $200, of which he kept $50, and $150 was turned over to Boland. Several days later, Carnell said, Mrs. | Lyddane brought him a note for Boland. He hid it in his room until he could see Boland. The State contends this note was an urgent appeal from Mrs. Lyddane to Boland for haste. Typewriter ""; perts testified at Boland's trial the | note was written on Mrs. Lyddane’s | machine at the bank. Carnell testified the note was found after his arrest and opened in his presence in Pugh's office. Carnell Admits Crimes. Called Uw “googy note,” it urged | Boland to “give me back my monevr or go through with the deal.” “If this deal doesn't go through, I the witness testified, Mrs. | SHRINERS on your way home Stop off at New York for a few days . .. end the convention with a bang! The Victoria is one of New York's new- est hotels, within a block of Radio City, Fifth Avenue Shops and the best theatres...its prices are RIGHT! Every room is an outside room with private bath and shower, newly decorated and radio equipped. Single from$2%,double from*4 1000 Rooms - 1000 Baths - 1000 Rodies Circulgting ice water in every reom VERY MODERATE | then learned Slom was O. K. don't give & damn what happens w‘ me,” the note concluded Asked if he had been convicted of any crimes, Carnell said “bootlegging, _ | house-breaking, larceny and non-sup- port of my wife.” Asked why Mrs. Lyddane approach- | ed hin in the first place, he said she explained she had heard he had “a little trouble in the rackets.” Car- | nel said he was promised immunity if he would tell the truth The witness was cross-examined at length by Prescott on discrepancies between his testimony today and his early statements to police. Calls Plot a “Shakedown.” In these statements, Carnell said| the plot was “only & shakedown” to obtain money from Mrs. Lyddane and that the men allegedly hired in the conspiracy never intended to kill any one. The bartender insisted foday, how- | ever, he had acted sincerely as “con- tact man” and tried to hire real| killers. He added, however, he feit that as a mere “contact man.” he was “out of it” in so far as murder was concerned. Carnell denied that Mrs. Lyddane | had ever mentioned delivering the | keys of the bank where she worked | Thomas conferred in a room at the| 'y, conspirators so they could stage a robbery in part payment for murder | This was charged by witnesses at the trial of Boland. Carnell previously testified Boland | was to kill Lyddane in a faked robbery on the latter's pay day—March 26. | He was cross-examined as to why he stated to police he “didn't know when the killing was to take place.” | Carnell said he “didn’t remember | making the last statement.” Carnell Statement Read. A statement which Carnell wrote and signed after his arrest was read to the jury by Defense Counsel Rob- | ert Peter, jr. In it Carnell said Mrs, Lyddane told him she paid $500 to two men who told her they had “tied up” Lyddane. | In the statement Carnell said, in rt.: “Mrs. Lyddane told me two men | would not deny, | charged that avarice and love of an-' other man were the motives which led | Mrs. Lyddane to conspire to take the | life of her husband. In a flery reply, the red-headed Prescott assailed the State's chief witnesses, “as jail birds and racket- eers who have served time for a wide | range of crimes against society.” i Prescott frankly admitted the prose- cution could prove, and the defense “certain indiscre- | tions” on the part of Mrs. Lyddane. He pointed out, however, that this had nothing to do with the charge before the court. Pugh asserted he would prove Mrs. | Lyddane was “running around with a | married man” and wished to dispose of her husband to collect a $15,000 insurance policy on his life. He added the double indemnity policy would pay $30,000 in case of acci- | dental death. Says Immunity Promised. Prescott said he would prove Car- nell consistently denied all knowledge | of a plot until he was questioned at | angth by authorities. “We will show you that both Car- nell and Harry Thomas have been | sald he would show the State’s identi- fication experts did not represent an exact science. He declared it was not proved the “threat” note was written on her typewriter. More than 70 talismen were ex- amined in an all-day session before 12 were accepted. The judges have ordered the jury | kept together for duration of the trial, which mly last a week. 870,893 HOME LOANS MADE IN TWO YEARS | Corporation Shows $2,628,072,349 Disbursed to Aid Tax and Mortgage Cases. By the Associated Pr The Home Owners' Loan Corpora- tion said today that during its two years of life it had made 870893 loans 0 persons threatened with loss of their homes through tax sale or fore- | closure, ‘The statement said $2.628.072.349 | had been disbursed. The average loan | was $3.013, and the length of time for ernment that their continued existence is essential. The subcommittee is dl-‘ vided, 3 to 3, as to whether this fea- | ture should be retained in the legisia- | |.tlon. The three opposed to it favor | heavy taxes to force unwanted holding | companies out of business. Reports Are Denied. Chairman O'Connor of the House | Rules Committee yesterday denied re- ports that consideration was being given to the use of drastic tactics by | his committee to get the bill before | the House. There had been some talk | that the Rules Committee might re- port out a special resolution making it in order to consider any bill, ‘hether or mot it had been approved by an- other committee. ———e Boy Injured at Play. Prancis Nelson, 8, of 412 Sixth street, was cut and bruised yesterday | when he pulled over a radiator which was leaning against a wall in an alley | in which he was playing near his home. He was treated at Emergency | PRODUCERS DRAFT A3™ BOYS RETURN HOME Richard Stickney, 6, and his brother, Malcolm, 8, of 1219 Eleventh street, needed no police aid yesterday when lost from their mother, Mrs. Mary Stickney, in the crowded downtown section. Mrs. Stickney asked police to aid in finding the boys shortly after ahe be- came separated from them, but soon afterward found them at home waite ing for her. NEW. COAL BILL Little Chance Is Seen, How- ever, of Averting Strike Called for Sunday. Before Selling Investigate the Pricea We Pay for OLD GOLD AND SILVER Jewelry of every description. bridge- ‘work, siiver No matter how old or dilapidated any of foregoing ar- ticles might be. you will be greatly ;m’nrllcd at the cash prices paid y us. (Licensed by U. 8. Govt.) SHAH & SHAH 921 F St. NW. Phone NA. 5543—We Will Call By the Associated Press. Soft coal producers rnvorlng the | Guffey coal stabilization bill today | completed & new draft of the measure to create a “little N. R. A.” for the| bituminous industry, but lttle chance | was seen of averting a general walkout | of miners set for Sunday night. | Bearing the approval of the United | Mine Workers of America, the re- vision will be submitted to Senator | Guffey, Democrat, of Pennsylvania | for presentation to the Senate. The| principal change made provided a four-year limit on the measure.’ | Early Action Unseen. Senate action on the Guffey bill this week appeared unlikely. A House | Ways and Means subcommittee was Lo | decide late today whether to hold hearings on the measure. A large group of operators claim the industry cannot write new wage and hour contracts with the miners with- | out the Guffey bill to keep up prices. | The union says no miners will worx' next Monday unless contracts are| signed before then. Alabama Offer Spurned. | Meanwhile new signs had cropped out that the strike next Monday 15 almost inevitable. ‘The United Mine Workers yu&urdly turned down an offer of Alabama commercial operators to renew their wage and hour contracts for another | year. The union was reported to have given a similar answer to a like pro- | posal by Illinois producers. No evidence appeared that President Roosevelt would intervene. Many coal men expressed an opinion that even | | & White House request to postpone the strike would not be effective now. Operators from coal fields scattered from Pennsylvania to Washington State would have to assemble to sign a coniract continuation agreement if | such were proposed. SCHOLARSH]P AWARDED Mount Rainier Student Receives Prize From Gonzaga. Harold J. Hocking, 3603 Eastern avenue, a student of St. James’ School, Mount Rainer, Md., has been award- | ed a scholarship to Gonzaga College, it was announced today. William J. -Robicheau, 17 Central | avenue, received a half scholarship, the announcement said. PRICES ADVANCE June 15thon RINALDI'S Reading Anthracite COAL Cool off with plenty of Thompson's rich creamy | Buttermilk. 1t's a wonder- ful tonic-food for voung |and old. Leave Extra | Order Card in empty bot- Leading 100% Independent W ashington Dairy THOMPSONS DAIRY DECATUR 1400 Take advantage of the lowest prices in 16 years promised sbsolute immunity in this | case,” Prescott sald | Thomas and Edward Davis also are under indictment in connection with the alleged plot. “We will show that Mrs. LvddAnH has long been a trusted employe or‘ the Farmers' Banking & Trust Co.," Prescott continued. “We will show Mrs. Lyddane's rec- | ords at the bank were in perfect order | and her account will show she could | not. have withdrawn $200 to pay the alleged conspirators. “We will prove Mrs. Lyddane and her husband went out together three | | or four times a week to parties, dances | and to friends' houses. | Typewriter Evidence Scouted. “At the time the State is trying to tell you she sought to kill Lyd- dane this defendant made numerous trips to Annapolis to try to save her husband’s job at the liquor dhA‘ pensary.” | Referring to the typewriter, Prescott came to her apartment and said, |- ‘Well, we got Slom tied up’' Mrs. | Lyddane said she paid them $500 and I said, ‘You big sap, why didn't you call at the dispensary?’ I told her I knew nothing of the shakedown and she said, “You better find out and find out damn quick.’” | Carnell was on the stand through- | | out the morning session and returned this afternoon. Prescott Assails Witnesses. In his opening statement late yes-| krdly. State’s Attorney Pugh hld PANAMAS CLEANED—BLEACHED BLOCKED "BACHRACH | 733 11th St. NW o . et low QUALITY—you’ll be wise to ll touse pAINT | I -0loT 3 DhiedMianty “Signer. RESTAURANT PRICES HOTEL VICTORIA 7th AVENUE ot Sist STREET,N.Y. +W. K. PETERKEN, Monaging Director taral Cost! When LOW PRICE is as necessary as insist on “CHI-VO™” HOUSE PAINT GALLON *2.49 (COLORS) QUART 74- (COLORS) CHI-VO PAINTS ARE SOLD BY YOUR NEIGHBORHOOD DUPONT PAINT DEALER Manufactured from pure linseed oil and finest products by the DU PONT Com- pany . . . for exterior use. At these prices it doesn’t pay to use %0 - called “cheap” brands. HUGH REILLY CO. Serving Washington Nearly 50 Years. Same Management. Paints—O0ils Est. Same Ownership. * 1888 Glass—Mirrors | repayment was up to 20 years. Under the law, the corporation must stop accepting applications at mid- ‘mxht, June 27. House Member Robbed. Representative Leslie C. Arends of Nlinois has asked police to &id in find- ing a bag of golf clubs and a raincoat, stolen from his automobile yesterday while it was parked at Sixteenth and V streets. The articles taken are valued at $50. ET the mercury climb into the sweltering nine- ties. You should worry. Just make for one of the places on the right and do your shop- ping in man-made lpnng weather.” After the steaming side- walks, the clean, fresh air of a Carrier air conditioned store gives you a new lease on life. Try it today—it's fun. STORE OWNERS—Take this hot weather tip . . . install 2 Carrier Weathermaker and increase your summer patronage. Let us esti- mate your requirements. NATIONAL 1334 New York Ave.—Phone NAt. 1703 Turn your old trinkets, jewelry and watches into MONEY at "A Kahn JIne. Arthur J. 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