Evening Star Newspaper, October 8, 1936, Page 21

Washington News PANEL ATTACKED IN POLICE COURT |, CASE AS ILLEGA Three New Warrants Issued for Morgan Glaze, Death Car Driver. ATTORNEY’S ACTION FOLLOWS DISMISSAL 0'Connell Takes Exception When Overruled in Objecting to “Only 18 Jurors Present.” A sweeping attack on the legality of the present Police Court jury panel and the issuance of three new war- rants for the arrest of Morgan Glaze, 27-year-old colored driver of an auto- mobile that killed Mrs. Mary Hausen- fluck, today followed the dismissal and rebuke by Judge Edward M. Curran of the jurors, who yesterday found Glaze not guilty of negligent homi- cide. The new warrants, on which Glaze can be tried despite his acquittal on the original charge, accuse him of failing to notify the Traffic Depart- ment of a change of address, for driv- ing without a permit and with hav- ing defective brakes. ‘The attack on the legality of the Jury panel as a result of the dismissal of the 12 members was made by At- torney T. Edward O'Connell, who claimed his client, Hugh M. Alex- ander, on trial today for reckless driving, aould not now receive a fair and impartial trial Jury Held to Be Legal. Judge Curran overruled the objec- tion and held the jury to be legal. Should the Court of Appeals sustain O'Connell, however, any convictions by the jury would be invalidated. ©O’Connell based his challenge on the fact that 12 new members had been summoned from the reserve list to replace the 12 discharged by Judge Curran after they returned a verdict of not guilty against Glaze. Mrs. Hausenfluck, 79-year-old widow of the Rev. John Hausenfluck, was killed September 5, 1935, at Fourteenth and Euclid streets. The jury was out only 10 minutes to consider evidence introduced over & period of two days at the trial. Judge Curran criticized the jury for “misconduct” and then discharged it. O'Connell raised his objection to the jury at the beginning of the trial of Alexander, 28, of 3500 Fourteenth street, who was charged with reckless driving. His first objection was to the procedure in the court when he found 12 men and women already seated in the jury box. “I want to object to this jury and say to this court that this is the first time that I have ever entered a court room to represent a defendant and found a Jury already seated in the box waiting to try my case,” he said. “It looks to me like there is a stacked deck against me.” New “Shuffie” Requested. Judge Curran ordered the jury from the box and then told Charles Driscoll, clerk, to “shuffie the deck.”” He then asked O’Connell, “Do you want to cut the cards?” O’Connell then objected to this “fa- getiousness.” Before the clerk began calling the names of the new jurors, O'Connell again got to his feet to object to “the entire array of jurors on the ground that it is illegally constituted; that with this jury here, in light of what has happened here, and the fact that your honor is here, I do not believe that my client can receive a fair and impartial trial” Judge Curran overruled the objec- tions one by one and then O'Connell challenged the legality of the jury on the ground that only 18 members of the panel were in the room from which to select “12 good men and true.” This objection also was over- ruled by the court, O'Connell asking for an exception in each case. Some of the attorneys in the court ryoom called attention to a decision by Justice Stafford in the United States District Court in 1928 in which he held that where a member or members of & jury panel were discharged for miscon- duct or incompetency the entire array became illegal, since such an action would tend to intimidate the remain- ing members and be prejudicial to the defendant. “It is not my custom to criticize any werdict given by a jury in this court,” Judge Curran told the jurors, as he discharged them in the Glaze case. “However, I do not understand how you arrived at your verdict, whether it was because it is your first case or whether it is an honest difference of opinion on the evidence in the case. “I cannot agree with the verdict weached, and out of service to the com- munity at large this jury is discharged from further service in this court.” The case had been postponed five times and there had been one mis- trial before the not-guilty verdict, Judge Extends Criticism. Later, in his chambers, Judge Cur- ran extended his criticism to declare that if a jury could not convict on evi- dence such as was presented in Glaze’s case the negligent homicide act “is mot worth the paper it is written on.” Assistant United States Attorney Louis Whitestone, prosecuting the case, was prevented by rules on evi- two for leaving after colliding, accord- ing to police records. Glaze was sen- D.C. The Foening Star WASHINGTON, D. C, Man Starting to Olympics Sees Spanish War Ins ad y Lieutenant on Qumcy Saw Heavy Bombing of Port. ‘The U. 8. 8. Quincy is back in American waters, and it reminds james P. Kirkland of his trip to the olmpua which ended with his watching bombs burst in the air off the Spanish Coast. Lieut. Kirkland (). g.), U. 8. Naval Reserve, attached to the office of the judge advocate general, decided early this Summer he would go on the Quincy to Europe on its shakedown cruise and thus cross the ocean and approach Berlin for $1 a day. To his early dismay but later de- light, the Quincy, when it was two days at sea, was ordered to change its course and proceed to Spain. So Kirkland saw a war instead of sport. He's been back in Washington a few days to attend to his law practice and his teaching of criminal law and procedure at George Washington Uni- versity. The Quincy steamed through the Straits of Gibraltar just five and one- half days after it left Norfolk, 3,200 miles away—a record crossing for a naval cruiser. Refugee From Kansas City. A few days after excitement over this feat was calmed, Kirkland re- called today in his Colordo Building office, the sea-going lawyer saw his first Spanish-American refugee —a Kansas City cab driver who had turned chauffeur for & Spanish doctor. With his wife, a Spaniard, the hacker had been hiding in the hills four days, cold, terrorized, and with nothing to eat. When word reached him the Quincy was putting in at Motril, they asked to be taken aboard. From Motril the Quincy steamed up the coast to Valencia to take aboard some 125 refugees from Mad- rid, the capital. “They all came down in pretty good shape,” Kirkland related. “They had their own baggage; they were pretty well dressed, and they weren’t worried. We took them to Marseille, and then turned down to Gibraltar for fuel. That’s where the fun began. “We were lying about two miles off shore when two Spanish battle- ships moved in and began to shell Algeciras. The ships were just about half way between us and the town. We got a beautiful view of the pro- c 5 Siesta, Then Bombing Again. “After two hours of bombing in the morning, the Spanish admirals retired for a siesta. But they came back to their work late in the afternoon and let their big guns go for three hours. We couldn’t see the shore damage very well, but one shell set MILK PRODUCERS GETU. 5. ANSWER 12 Have No Right to Go to Court, Reply to Pact Attack Holds. ‘The contention of 12 Maryland and Virginia milk farmers that the Dis- trict milk marketing agreement and order is unconstitutional was met by the United States today with the re- ply that the farmers have no right to go to court. The producers said the agricultural adjustment act on which the order is based is invalid. The answer was filed in District Court in the name of Secretary Wal- lace, whom the farmers had sought to enjoin from enforcement of the order. Judge Oscar Luhring said he would hear arguments on the igjunction petition Monday at 10 a.m. Skirting the question of constitu- tionality, the Government made these four points in answer to the two suits—one brough by 11 Maryland producers supplying milk to the High- land Farms Dairy, and the second brough by one Virginia producer for the Model Farms Dairy: 1. The agreement and order pro- vide no penalty for noncompliance on the part of the producer. 2. The producer won't suffer any financial injury through the order be- cause the prices set by it are minimum prices. 3. The two dairies involved have no% indicated they will refuse to pay ths plaintiffs their present contract price, which is higher than the minimum set in the order. 4. The plaintiffs have not shown they lack recourse at law, if they are financially injured later by the opera- tion of the order and the agreement. ‘With the answer was filed an affi- davit in the form of an economic brief by E. W. Gaumnitz, chief of thé Dairy Section of the A. A. A, tending to prove that the farmer does not suffer from the operation of the agreement. The order and agreement are direct- ed at distributors of milk. The ques- tion of constitutionality has already JAMES KIRKLAND. —Star Staff Photo. fire to a little gunboat the rebels had been using for a transport. She burned all night, right to the water's edge. “There was more bombing up at Palma, in Majorca. That's a beauti- ful island. The temperature ranges from 60 to 80 degrees. You can rent a six-room house, have a servant and eat for $50 a month. “Well, we took 10 or 15 persons off the island for transport to Marseille. At noon, while we were standing by, two bombing planes zoomed over the island from Spain. They were per- fectly safe; there was no effective answering battery on Majorca. “The planes came back at 5 pm., and we later learned that the two-a- day appearance of the two planes was a daily occurrence.” Two Other D. C. Men Along. Two other Washingtonians—John Wetherall and James Gallery—were aboard the Quincy with Kirkland. They stayed with the ship, but the lawyer left it August 12 for a trip to Nice and then Paris, England, Ireland, Scotland and Liverpool, where he booked passage for America. Nice reminded Kirkland that every time he goes abroad with the Navy he finds trouble. He was cruising with the Wyoming in 1934 and assigned to shore duty in Nice. By nightfall the town belonged to the sailors. A few hours later it was a battleground. American sailors in a Nice cafe were presented with a beer check for $15. There was an immediate pro- test. One blue jacket suggested ap- plying the bill to the war debt. At the words “war debt,” the French- men rose en masse and in wrath. Chairs hit heads, blackjacks swished and the question of the beer bill be- came a leading issue. ROW OVERALLEY PROPERTY AIRED | Street Neighborhood Fights Warehouse Before Zon- ing Commission. The story of a neighborhood fight over use of alley property in the rear of 2020 I street was told to the District Zoning Commission today when it oonsidered a petition for official sanc- tion for a warehouse which has been used as such for about two years. The petition came from Howard P. Foley Co., Inc, which is engaged in the electrical equipment business and has been using an alley building to store conduits and other articles. Strong protest was voiced for & group of residents in the square, rep- resented by James C. Wilkes, at- torney, Complaints Lodged. The fight revolves around narrow, one-lane alleys which serve the in- terior of the square. It was brought out also that the building has been used as a warehouse for two years without issuance of an occupancy per- mit for that purpose. Foley explained he had left a 9- foot area adjolinng the alley open so as to permit his neighbors to get their cars in and out of their garages. Wilkes charged the compeny’s trucks at times blocks .wte? th: alley for long as 45 minutes an that nelx’bon complained of loud noises created as early as 5 am. Other Petitions. In another case, G. F. Gardner ap- pealed to the Commissioners for per- mission for the owner of alley prop- erty at the rear of 1224 Thirteenth street to expand the floor space of an automobile repair shop. Opposition was voiced by Joseph Low, represent- ing owners of a nearby apartment house, who said the alley now was congested with traffic. The commission had before it also petition of Samuel B. Miller for use of lots at the rear of 510 Newton place shop operations to lots at the rear of 1218 -North Capitol street. Thousand-Y ear-Old Relics Shed Light on Pre-historic Eskimo New knowledge of life in the Far North before the dawn of history has been supplied by 1,000-year-old relics unearthed by s joint expedition of the National Geographic Society and The armor uncovered was made of COMMITTEE ASKS ROBERTS T0 GIVE VIEWS ON BUDGET People’s Counsel to Testify at Public Hearing on Fiscal Relations. ADVOCATES NAMING 6-MAN COMMISSION Group Would Determine Federal Share of Expense Each Year. People’s Counsel Willlam A. Roberts disclosed today he had been invited by members of the President’s special Fiscal Relations Committee to appear before them and explain his plan for solving the troublesome problem of what constitutes a fair and equitable share of the expenses of the United States toward the cost of operating and maintaining the District. Roberts will testify at one of the two public hearings to be held by the committee October 23 and 24, at which representatives of organizations in- terested in the fiscal relations subject will be given an opportunity to pre- sent any data in their possession which will aid the group in its work. The plan Roberts will present—one he has advocated for nearly three years—involves the creation of a com- mission of six members which each year would determine the amount the Federal Government should contribute toward the District expenses. Roberts said the commission should be given an official and authoritative status so its recommendations would have to be followed by both the Com- missioners and the Budget Bureau. He proposes a change in substantive law relating to budget procedure to make this possible. ‘The commission, according to Rob- erts, should be composed of the three District Commissioners, a representa- tive of the Interior Department, the director of the Budget Bureau and an- other representative of the Treasury Department. Such a commission, he said, would be representative of all agencies concerned with the District budget. Under the Roberts plan the commis- sion would be a fact-finding group. Its duties would be to determine an- nually the cost of services provided the Federal Government at District expense and fix the amount the United States should pay. The commission's recommendations would be binding both on the Commissioners and the Budget Bureau. In reaching its conclusions, Roberts said, the commission should determine the cost to the District of such items as water service, fire and police pro- tection, street lighting, paving and maintenance of streets surrounding Government reservations and the cost of educating children of Federal em- ployes attending the public schools. The activities of the commission, Roberts explained, should precede the preparation of the annual District budget so the amount of the Federal contribution would be definitely known in advance. With this figure known, he declared, the Commissioners should be required to frame a budget thlt would not result in a deficit. Besides Roberts, representatives of & number of organizations will appear at the hearings. These include spokes- men for the Citizens’ Joint Committee on National Representation, the Wash- ington Board of Trade, the Federation of Citizens' Associations and the Washington Real Estate Board. DIRIGIBLE SUBSIDY PLEA SEEN BY ROPER Expects Plan for Trans-Atlantic Service to Be Submitted to Congress. By the Associated Press. Secretary of Commerce Roper ex- pects a plan for a Government-sub- sidized trans-Atlantic dirigible service to be presented to Congress next ses- sion by the Commerce Department. After conferences with Dr. Hugo Eckener, commander of the German Zeppelin Hindenburg, Roper said yes- terday he was considering a scheme for developing an airship service on the same basis as the merchant ma- rine. ‘Tentative plans call for operation of the airlines by private enterprise, aided by Government construction and oper- ation subsidies, he said. He said Eckener had discussed a proposal for regular airship flights be- tween Europe and a new American base to be located in the Washington- Baltimore area. Earlier Eckener told newsmen three sites for a permanent Zeppelin ter- minal in the United States were being considered—near Baltimore, at Hybla Valley, near Alexandria, Va., and Mor- ristown, N. J. He said Morristown was favored be- cause of its closeness to traffic centers, but that the other sites were nxperur from & meteorological standpoint. 318 SPECIES OF BIRDS VISIT AT SANCTUARY Some _318 different species of birds THURSDAY, OCTOBER 8, 1936. Two views of Inisfada, the palatial home of Mrs. Nicholas F. Brady in Manhasset, Long Island, where Francesco Cardinal Pacelli, papal secretary of state, will spend the yreatcr part of his time during his coming visit to the United States. Mrs. Brady is a papal duchess and a close personal friend of Cardinal Pacelli. The cardinal arrived in New York today on the S. S. Conte di Savoia. STREET WIDENIN WORK WILL START U. S. and District to Join in Improvements Near Interior Building. ‘The Federal and District Govern- ments are combining in an improve- ment program which will be launched immediately in the vicinity of the new Interior Department. Eighteenth and Nineteenth streets, from C to E, are to be widened substantially, while E street north and E street south, on either side of Rawlings Park, also will be widened between Eighteenth and Nineteenth streets. The National Park Service will re- build Rawlings Park, which will be diminished in area by the new pro- gram, and construct in the center a fountain on the cross-axis between the north entrance to the old Interior Department and the north entrance to the new building. H. C. Whitehurst, District director of highways, who will have charge of the street widening job, said bids will be called for Monday and opened on October 26. He expects to start work about November 1. Public utilities concerns already are at work in the area, laying their new conduits in keeping with the revised program. Eighteenth street, Whitehurst said, will be widened from 38 to 48 feet, while Nineteenth street will be ex- panded from 38 to 56 feet. E street north, now 32 feet wide, will be in+ creased to 56 feet and E street south will be treated similarly. Rollins Park will be considerably altered. An underground tunnel has been constructed to connect the two Interior Department buildings, and this has raised the grade there a few feet. Along Eighteenth and Nine- teenth streets south the grade will be lowered a bit, but along E street Secretar, Ickes has made available about $46,000 of Public Works Ad- ministration fund for the rebuilding prwnm This will comprise the acing of net top soil and new land- ping. The long east and west axis ‘Women Lawyers to Dine. Judge Ellen K. Raedy of Municipal Court will act as toastmistress tonight at the first of a series of informal din- Boy, 15, Center Of Parole Row, Arrested Again Charles Johnson Rid- ing in Stolen Car, Police Say. CHARLES 1. JOHNSON. Charles I. Johnson, 15, who recently obtained a District Court order abro- gating a six-year sentence imposed on him by Judge Fay Bentley of Juvenile Court, was arrested with two other boys today while riding in an automo- bile which police said had been stolen. The boys, all of whom live in Cap- itol Heights, Md., where the car al- legedly was stolen, are being held for investigation at the eleventh precinct. Pleading guilty to a charge of illegal entry on January 20, 1935, Johnson was placed on a year’s probation by Judge Bentley. Six months later he “played hookey” from school and Judge Bentley revoked his probation, placing him in a home maintained by the Board of Public Welfare. After two months he escaped from this home and later got a job at the Agriculture Department, using part of his salary to help support his mother. He was apprehended, however, and Judge Bentley ordered him committed to the National Training School until he became 21. Contending Judge Bentley had no authority to impose more than the original one-year sentence after re- voking probation, Johnson appealed to the District Court, and Justice Jen- FORT MYER SCHEDULES SERIES OF PARADES ¥ | —Wide World Photo. NEW GRAND JURY IS IMPANELED Ralph G. Wilson Is Desig- nated Foreman by Justice Gordon. A new grand jury was impaneled late yesterday by Justice Peyton Gor- don of District Court, who designated as foreman Ralph G. Wilson, teller at the National Bank of Washington. Wilson is 40 years old and lives at 1252 Evarts street northeast. The new jurors will serve for the next three months. Among them were six women, one of them single, and five married. Besides Wilson, the jurors are: William B. Flack, 35, 72 Rhode Island avenue northeast, salesman; R. Duncan MacPherson, 59, 1839 On- trio place, salesman; Thomas A. Mur- ray, 64, 3309 O street; Louis R. New- ton, 29, 126 Twelfth street northeast, clerk; James E. Nolan, 49, 1842 La- mont street, salesman; Robert E. O’Connor, 31, 105 Rhode Island ave- nue, baker; Mrs. Maude H. Phillips, 50, 801 Aspen street; Louis J. Raebach, 50, 425 Irving street, real estate and insurance; Albert D. Reesch, 36, 1617 Isherwood street northeast, assistant auditor; Mrs. Elizabeth W. Reid, 46, 1816 Irving street, housewife; Aaron Scheer, 32, 1231 Penn street north- east, store owner; Otto A. Schoeps, 44, 1273 Owen place northeast, decorator; Forrest L. Shekell, 61, 2520 Fourteenth street, salesman; Mrs. Mary C. Smith, 50, 727 Hamilton street, housewife; Robert B. Smith, 62, 619 G street southeast, clerk; Mrs. Elizabeth T. Sullivan, 57, 1519 Thirty-first street, housewife; Helen V. Tapscott, 23, 1940 Capitol avenue northeast, clerk; Au- gust R. Terneak, 28, 154 R street northeast, bookkeeper; Warern D. ‘Wade, 56, 2611 Adams Mill road, sales- man; Raymond D. Watson, 43, 507 Sixth street, salesman; G. Meredith Winship, jr., 2000 Sixteenth street, teller, and Mrs. Nellie 8. Schweitzer, 29, 6435 Eighth street, housewife. Principal LAWRENCE G. HOQVER. Society and General PAGE B—1 HOOVER SELECTED HEAD OF CENTRAL; RAWLINS SHIFTED Action Deferred on Changing of Hour for School Opening. EFFECT OF LATE CLOSING OUTLINED BY BALLOU Requests of Out-of-District Pupils to Attend Classes Are Denied. Lawrence G. Hoover, assistant prine cipal at Central High School since 1928, yesterday was chosen principal of that school to succeed Dr. Harvey A. Smith, recently appointed an assistant superintendent of schools. He has been acting principal since last July. At the same time, Dr. George M. Rawlins, jr, instructor in chemistry at Wilson Teachers’ College, was made head of the department of science of the white high schools. He succeeds Dr. Ellis Haworth, recently appointed head of the science department at the teachers’ college. In a long communication, Dr. Frank | W. Ballou, superintendent, asked the board to defer for at least two weeks action on the proposal to change the hour of opening the schools. Dr. Bal- lou was absent, being confined to his bed with an attack of influenza, and Haycock, first assistant superlmend- ent, Dr. Ballou presented a review of traffic and accident data during the hours from 8 to 10 a.m. supplied him by Washington officials, in which he cited their recommendations to change the hour from 9 to 9:30 am. In cone cluding, however, he set up seven objections to the later hour because | of “educational effects” of closing the schools at 3:30 instead of 3 p.m. as at present. Results of Late Closing. These were: (1) Employment of pupils after school hours would be reduced; (2) Supplementary instruc- tion of pupils in art, musie and drama after school hours would be curtailed; (3) A later closing hour would inter- fere with cadet drill, foot ball, basket ball, playground activities and the entire program of physical training for pupils; (4) A later hour would interfere with in-service after-school classes for teachers at Wilson, Miner and other colleges; (5) It would intefR fere with after-school classes now being conducted by the Community Center Department; (6) It would cur- tail necessary conferences of teachers with administrative and supervisory officers, and (7), the 9:30 opening hour would create “a difficult, if not impossible, condition in the custodial service.” “The superintendent expresses the hope that before taking any action the board will weigh this question care- fully,” Dr. Ballou wrote, “not only from the standpoint of traffic and accident hazards, but also from the point of view of the parents of school children, as well as the effect of the change on the established educational program carried on in the public schools.” : ‘The board denied a request of JoMfn S. Kemp, a Government employe living in Clarendon, Va., to permit his 13- year-old daughter Lois to attend classes at Gordon Junior High School pending the outcome of his petition for a writ of mandamus to compel her enrollment there. Davison Request Denied. A similar request from Philip N, | Davison, 4523 Walsh street, Chevy Chase, Md., to allow his son, Philip N, jr. to enter Woodrow Wilson High School, was turned down. It was ex. plained that lack of teachers at Wood. row Wilson made the rejection neces. sary, since the enrollment there this year increased 433 with only eight teachers added to the faculty, an aver- age of almost 60 pupils per teacher. Haycock, acting superintendent, said that more than 100 similar request: are pending, with the only vacancies in junior or senior high schools being at the John Quincy Adams School, in the seventh and eighth grades. “We expect our own pupils to fil these few vacancies,” he said. Dr. Smith told the board that 12( non-resident pupils who graduated from District junior high schools lasi year have been allowed to enroll af Central and McKinley High Schools the only schools in the city to admif outsiders. Henry Gilligan voted to admit botk Lois Kemp and young Davison, ex- plaining that he believes the law gove erning non-resident pupils is manda- tory and that the board has no righ! to turn them away. Other lawye: members of the board, however, dis agreed. “We most assuredly cannot compe! our administrative officers to admil these pupils,” Robert A. Maurer asserted, “when we haven't provided them with the facilities necessary for our own District children.” A proposal to employ five colored and two white teachers of physical education in the central area of the city under a special appropriation of $10,000 was approved by the board Capitol street, Florida avenue, Twelfth street and the Mall. This area has more juvenile delinquency proportion- ately than any other section of the city, and Congress set aside the spe- cial fund for training youngster: endanger the health of chndrmothmhrhln-molm »