The Key West Citizen Newspaper, October 30, 1954, Page 8

| New Development May Make Tedious Task Of |The ag a By WILLIAM L. NEWKIRK: CLEVELAND i osteopath accused of club- ing his pregnant wife to death. For nine days, attorneys pain- stakingly questioned a panel of 69 Prospective jurors in an effort to Pick 12 who could give Dr. Samuel H. Sheppard a fair trial. On Thurs- day.a jury of seven men and five ‘Women was sworn into service. Today there was a chance it had been wasted. A report that one of,the 12 jurors had a criminal record brought up the possibility of a mistrial, yes- terday that.would mean retrying the entire case, selection of a new jury and a delay that could stretch into weeks, To Sheppard, it could mean a Jong postponement of the day he will finally be judged innocent or guilty of the crime that left his wife, Marilyn, bloody and lifeless on her bed last July 4. The state claims he killed ‘her after a clandestine love affair e auburn-haired Susan Hayes, year-old former technician in the hospita: where he practiced. Sheppard’ maintains she was killed by a bushy-haired man who in- vaded their home on the shore of Lake Erie. - Yesterday’s development, never got on theofficial record of the court, The details were provided by Common Pleas Judge Edward Blythin and attorneys for the state and defense in interviews with reporters. Neither the judge nor the lawyers would say flatly whether they consider the situa- tion grounds for a mistrial. The juryman in question was identified by Assistant Prosecutor Saul Danaceau as James R. Man- ning, a tall and dark-haired real estate salesman who wears a thin, pencil line mustache. Danaceau said a man with a similar name was convicted 11 years ago of a morals charge involving a 15-year- old boy and given a suspended sentence, Manning, father of three chil- dren, was not questioned in con- nection with this record during his examination for jury service. Be- cause of that, Police Chief Frank Story ordered an investigation to check the list of prospective jurors and any criminal back- ground to the state. “Somebody evidently muffed,” said Story. He later said the slipup was due to careless. action by a criminal wecords clerk at Central Police Station. The clerk, a female ci- yilian, failed to notice in, the de- 2 ent’s card file of Cleveland ipal Court convictions a fame similar to that of the pros- Pective juror, Story said. : dudge Blythin said he plans to Week’s GIT 9389 Beginner-essy — jiffy-sew—no waistline seam! Popular deep- yoke fashion for the Jr. Miss! Strictly the rage this season—the bloused bodice — eased into full- ness by soft gathers! Nip-in the waistline with your favorite waist-cincher! Perfect for school! Pattern 9389: Jr. Miss Sizes 9, 11, 13, 15, 17. Size 13 takes 5 yards 39-inch fabric. j This easy-to-use pattern gives perfect fit, Complete, illustrated Sew Chart shows you every step. Send Thirty-five cents in coins for this pattern—add 5 cents for each pattern for ist-class mail- ing. Send to Marian Martin, care, of The Key West Citizen, No. 186, Pattern Dept., 232 West 18th St., New York 11, N. Y. Print plainly study his lawbooks over the week- end to find how to deal with the problem. He said he is confronted with three important. questions; “If we take the juror on,-is that an error? see “Ht we take the furor off, does that constitute a mistrial? — “And if we take the juror off, upon what grounds ean we do it?” Judge Blythin was asked wheth- er the possibility*that. a. retrial might place Sheppard in. doubie jeopardy, which would’ permit him to go free. A defendant cannot be tried twice for the same crime— or placed in jeopardy more than once. The judge said there is no.ques- tion of double jeopardy,” that “Sheppard is in jeopardy now. But if a mistrial were declared, the jeopardy would end.” Defense Attorney William J. Corrigan said he thought the pur- ported background of the juror, if true, would be grounds for a mis- trial motion. But he said he didn’t know now whether he would make such a motion, To a series of questions from reporters, he replied: “In the statute, conviction for a crime is one of the reasons for a challenge for cause. If it is de- veloped by either party that a juror catled has been convicted of a crime, either party may chal- lenge for cause and that challenge (which excuses the juror) must be. sustained. “If it appeafs after a person has been sworn that he has been was suddenly sent from the room. Judge Blythin and lawyers for both sides went into a private meeting, announcing afterwards that they were discussing a pro- cedural matter in connection with calling a new batch of prospective a‘ternate jurors. Judge Blythin had summoned 25 additional prospective jurors as Lr original panel of 75 was ex- a Persons who had attended the conference with the judge said the state had raised the question of a Possible criminal background of a juror. After the noon recess, the judge recessed court until Monday with- out telling the jury what the prob- lem was. It was not clear. how the state discovered the alleged back- gtound of the juror. Legion Post Will Honor Its Past Commanders November 24 “Past Commander Night” has been scheduled for November 24, it was announced at the regular meeting of Arthur Sawyer Post 28, American Legion, on Wednesday evening. Post Adjutant LeVan Re- ber. is the general chairman for the event, Past Commander Night is an an- nual event of the Post at which time Past Commanders, who are in good standing, are honored. An excellent program of enter- tainment, talks, refreshments, etc., has been arranged, Chairman Re- ber said. The Key West Guard of Honor will initiate a large class of new members during the evening. The class will be known asjthe “‘Ar- thur Sheppard Class,” honoring the first Post Commander of Arthur Sawyer Post 28. Paul L. Mesa, Jr., 1st Vice Com- mander and membership chair- man, reported that the 1955 mem- bership now exceeds the member- ship at the same time last year. Vice Commander Mesa announc- ed that Korean veterans are now eligible for membership in the American Legion.: Eligibility dates are June 25, 1950 to and including July 27, 1953. In order to be eligible, one must show service during those dates and present an honorable separa- tion paper or prove that one is still serving honorably in the Arm- ed Forces and served during the above dates. Post Commander Norman C. Kranich announced that the Post will attend Church Services at the Fleming St, Methodist Church on Sunday, November 7, at 10:30 a. m. The Rev. James E. Statham is arranging special services relative to Veterans Day. All veterans. groups in the city have been in- vited to attend. Captain U. J. Del- gado announced that the Key West Guard of Honor will attend in uni- form. Commander Kranich announced the appointment of Harry J. Metz- ger as chairman of the Christmas party ‘for children of. Legionnaires and Norman Whitesides as secre- tary of the house committee. Vance C. Stirrup, general chair- man for the Veterans Day Parade, outlined the details of the parade, which is scheduled for 7:30 p.m. on November 11. Stirrup stated that 65 units have already registered for the parade. Further planning will be made at the meeting of the parade committee on Saturday at 1:30 p. m. at the Legion Home. Death Toll In Philly Blast: 9 PHILADELPHIA, (®—The death toll of firemen from the explosion of a tank containing textile treat-; ing solvent Thursday has reached nine. Four more firemen who fought the fire died yesterday. The number of deaths represents the worst tragedy in this city’s fire department in 44 years. Hoseman James Doyle, 32, hose- man Thomas Wilson, 36, ladder- man James Vivian, 32, and Lt. Charles Holtzman, died yesterday. City chemists reported the blast gave off lung damaging. phosgene gas, the type widely used by armies in World War I. The death toll is exceeded only by the 14 killed in a fire Dec. 21, 1910. FERRY TAKES 46 PEOPLE, 21 CARS The “City of Key West” depart- ed this morning for Cardenas, Cy- ba, at 9:10 with 46 and 21 vehicles aboard. . The hour-late departure time was NAME, ADDRESS with ZONE, | because of late arrival of passen- 425 and STYLE NUMBER. i gers, it was explained. Chicago Cops Ambush, Kill Police Slayer CHICAGO (#—Police last night ambushed and killed Agostino (Gus) Amedeo, a cop-slaying ex- convict. : The elusive 26-year-old fugitive was shot down at a busy North Side intersection as he tried to escape a trap carefully laid by nearly a score of detectives. Amedeo had been the object of an intensive police search since he fatally shot Detective Charles Annerino, 30, of the robbery detail in a North Side saloon Oct. 21. The police had been ordered to “shoot to kill” Amedeo on sight. Lt. Frank Pape, chief of the robbery detail and the force’s ace gunner, laid the trap. Detectives William Murphy and John Bosquette, Annerino’s part- ners, were among the detectives who helped spring it. The detectives, dressed as hunt- ers, workmen and cab drivers, stationed themselves in buildings, cars and trucks at Berwyn and Clark Streets and waited for Ama- deo to keep an appointment with a woman. As Amedeo reached the corner, one of the policemen: called: “Give up, Gus!” Amedeo drew his gun and, start- ing to run, fired twice. A fusillade of police bullets, rid- dled him with possibly a dozen shots. A bystander, Louis Molnar, 35, was hit by a stray bullet and suf- fered'a minor chest wound. Traf- fic was halted in Clark Street by a crowd of more than 2,000 who jammed the intersection after word spread that the hunted killer had been slain. Amedeo had been hunted since his escape from’ the Criminal Courts Building June 28. Amedeo, who had served two prison sen- tences, was being led back to his cell after being arraigned for burg- lary when he whipped out a smug- gled gun. He and Anthony Gam- bino, 26, handcuffed three deputy sheriffs and .a bailiff to the cell door and left through a basement window. Gambino was recaptured last August. Shortly after Amedeo’s escape, police picked up his girl friend, Mrs. Delores del Genio Marcus, 23. She was charged with aiding a felon to escape by paying $5 to a bailiff and smuggling the gun to Amedeo, A few days after Annerino was slain, police were tipped Mrs. Marcus and Amedeo were in a North Side apartment but the pair had fled when police arrived. Mrs. Marcus was picked up later and charged with being an accessory to murder and harbor- ing a felon. She is held in jail without bail. Mrs. Marcus, a mother of two children, denied living with Ame-/| deo but said she had been holding clandestine meetings with hm whle her husband was at work. Police said the tip that led to Amedeo’s death came from Mrs. Marcus’ sister-inJ-w, Mrs. Doro- thy del Genio. Lt. Pape said she told him Amedeo had called her and arranged to meet at the inter- seetion at 9:30 last night. Police | kept the date for Mrs. del Genio. | The Soo Canal between Lake Superior and Lake Huron is some- times called the “billion dollar mile.” & ea | the new south portion, with lowest tonight extreme south 50 - 55. Slightly eold- er north with lowest extreme north 33 - 36 and some light frost. Jacksonville thru the . Florida Straits: Moderate to fresh’ north- west winds becoming moderate northwest to north over north por- tion with moderate : yar east over south po. 5 Sunday. Fair. Fair, except partly cloudy. with wide'y. scattered show- ers extreme south portion this af- ‘ternoon. East Gulf: Moderate to occas- night and Sunday. Clear to partly cloudy with widely scattered show- ers. Observation Taken at Post Office . Building, 7:00 A.M. EST, ~ Key West, Fla., Oct. 30, 1954 Temperatures Highest yesterday ....ucmsenmesen 85 Lowest last night nessersvenssoreern TA. Precipitation Total last 24 hours - +12 ins, 1.39 ins. . 5.11 ins. 35.06 ins, Relative Humidity, 7 A.M. 1% Barometer (Sea Level), 7 A.M. 29.88 ins.—1011.9 mbs. Total this year Deficiency this year ....... 34 a.m. 46 p.m, os Make ontal Attack Eisenhower By JACK BELL WASHINGTON (A fronta! at- tack by the Democratic high com- mard m President Eisenhower ap- peared ‘today to Tepresent a last- minute ‘switch in campaign tac- tics ovet the protests of some par- ty_memters. National Chairman Stephen A. an official stamp on je yesterday by accu- of — in ee led a “Red smear” Democratic, candidates for Con- gress. While plaint from learned chell had ov cratic leadey against atta spite the campaigning voting deadline. sing Ei Mitchell was no public com- members, it was itatively that Mit- some Demo- who ‘cautioned Eisenhower de- ’s own burst of before Tuesday’s Some Dem evidently be- lieve that Ei er’s popularity remains at such a level that voter resentment might cause direct at- tacks on him to bomerang. These Democrats were said to have ar- gued that to hit at the President would only help publicize his ap- peal for a Republican Congress. But Mitchell overtode. this ad- vice at a news conférence’ yester- day. He called Els@howers ac- tions “‘shameful”—a much stiffer term than any which had been employed previously in the cam- Paign by any top Democrat, in- cluding Adlai E. » the 1952 presidential nominee. Mitchell made it clear that the strategy had been carefully thought out, saying beforehand he wanted to read his charges from a prepared statement. Then, in ob- vious deference to the division of Democratic views, he ducked ques- tions as to whether he was trying to make Eisenhower the issue in the campaign. Mitchell said Eisenhower joined in a “smear campaign” by con- gratulating Vice President Nixon on Nixon’s campaign efforts, and then by bringing the Communist- in-government issue into his own ‘speechmaking on a flying tour of four cities yesterday. The Democratic chairman said Nixon had been “peddling figures about so-called, Communists in government which tell an utterly false story.” He said Eisenhower had disclaimed knowledge of this at Wednesday’s White House news . | conference. (Naval Base) * Time of Height of Tide high water Low Tides 1:12 p.m. 6:32 a.m. 11:56 p.m, 5:30 p.m. ADDITIONAL TIDE DATA Reference Station: Key West Bahia Honda (bridge) .....—oh 10m 9.0 (ast end) ....+2h 26m Boca Chica Sandy Pt. —eh 4m No Name Key Caldes Channel (north end) (—)—Minus sign: ‘ to be subtracted. (+)—Plus sign: Corrections to be Masked Woman [Holds Up Bank TOLEDO, Ohio, (#—It - looked like a Halloween prank when a small, bent figure wearing a mask, a plastic shawl and a pair of trousers walked into a Toledo bank and whispered to a teller: ¢ ;‘This is a stickup.” i The teller, Miss Virginia Lubia- towski, paused a moment and the hooded person walked out, When J. T. Rominiski, manager of the Commerce National Bank’s La Grange St. branch followed, he saw the mask come off. It was hiding the wrinkled face of a 78- year-old woman, who turned to him and said: “Ym very sorry I did that. I wouldn’t have taken any of the money if that girl had given it to me.” The arresting policeman, Howard Williamson, identified the woman as Mrs. Frieda McNabb. She is only five feet tall. She was still in jail today, but police said they may release her. She said she needed the money for her 83-year-old husband, who had been accusing her of stealing $5,000 from his strong box a year ago. icine of the woman's age and also because no damage was done, the FBI said they would not prose- cute. Toledo police, which booked her on charges of suspicion, said they found in her purse a toy gun and a note that said, “this is a stickup—don’t call for help—I have you covered.” WOMAN ENTERS PEN HUNTSVILLE Tex, (#—Socialite Mary Jean Parsons entered the |Texas State Prison Thursday to! begin a 10-year sentence for slay- ling her husband, an Army officer. | Station— High Tides th 10m zs +14 ft. “But on Thursday,” Mitchell said, “Mr. Eisenhower bécame a party to the smear campaign, Whether or not he found out in the meantime what Mr. Nixon had been saying, he sent a warm letter of congratulations to Mr. Nixon on his ‘effective work’ in the cam- paign. “And today, President Eisen- hower himself joined in the Red smear in his airport speeches. This is shameful.” Bodies Of C47 Crash Victims Are Recovered WIESBADEN, Germany (?—The bodies of all 21 victims of a U.S. Air Force C47 plane crash in France were found in the wreckage today by an American ground res- cue team, Air Force headquarters here announced. Maj. Rufus Hessberg, surgeon of the U.S. 12th Air Rescue Group, led a search team to the crash seene high in the mountains north of Nice. The transport plane had been missing since Sunday. Hessberg reported his team ar- rived at the site shortly after the wreckage was. identified by the pilot of a Navy helicopter. Hess- berg said all 21 bodies were ac- counted for. rif 10 . When your eyes ore He will help you see Page $ THE KEY WEST CITIZEN Saturday, October 30, 1954 Dockme a Vole Adlai Says Democrat Congress | To Return To Would Stop Giveaway Program {London Work By JOHN BAUSMAN GREAT NECK, N.Y., (®—Adlai Stevenson says President Eisen- hower “needs a Democratic Con; gress to stop the giveaway and restore respect of the United States throughout the world.” Nearing the end of a campaign swing through the New York area, Stevenson last night told a Demo- cratic rally in Nassau County: “The President has said he needs a Republican Congress to do what he couldn’t do with a Republican Congress. We Democrats say he needs a Democratic Congress-to stop the giveaway and restore-the respect of the United States throughout the world.” J Stevenson, Democratic candidate for President in 1952, criticized the Republicans for what he termed a nationwide campaign of smears and abuses. He named Vice Presi- dent Nixon as the leader, Stevenson said that a Democratic Congress is needed “most of all... to repudiate the: character of the campaign that has been conducted by our opponents all over the United States.” He told a cheering crowd of more-than 2,500¢ “We find at the conclusion of the campaign for Congress. . . that it has degenerated largely into smears, slurs, slogans and not—charges of communism in government, charges of being soft on communism. “This campaign is led by none other than the vice president of the United States.” Stevenson: said he is distressed that President Eisenhower has not repudiated Republican tactics. To the contrary, he said, “this after- noon, speaking in Cleveland, the President had recourse to the same technique.” « Eisenhower said that when the Republicans took of- fice in 1952 “‘we were tired of hear- ing the word ‘Communist’ every time it was mentioned being called a red herring.” Stevenson’s speech was inter- Tupted repeatedly by an audience which apparently enjoyed immense- ly the jibes at the Republicans. The Democratic leader is sched- uled to make another speech in New York tonight. This will be televised across the nation by the NBC network and rebroadcast on NBC radio. With an endorsement for guber- natorial candidate Averell Harri- man, Stevenson turned ‘last night to the New York State election. Harriman is opposed by Republi- can Sen, Irving M. Ives, A “campaign of abuse” has been “the counsel of desperation on the part of the Republican candidate,” Stevenson declared. He said Harriman has been charged with being an “old robber baron and quite unfit to serve the common people on one hand and on the other of being a wild radical young Socialist trying to destroy himself.” He continued: “The story of Mr. Hatriman ‘is in fact a great chapter in the story of our democracy, of that smail but distinguished group of Ameri- can businessmen who were ahead of their time, who recognized in the great depression an interval of challenge not merely to our economic system but to our free- dom as well.” Stevenson said this group “‘turn- Hoax Admitted ROME, (#—Fifteen youths who threw the north Italian tow> -f Tradate into a tizzy with a story about seeing men from mais .: a translucent flying saucer told po lice last night it was just a joke. Authorities didn’t find it funny. They said the pranksters would be disciplined on a charge of spread- ing false reports — a misdemeanor carrying penalties of up to three| months in jail and fines up to 24,000 lire ($40). IS A VISION OF GOD focused on Christ, ; the solution to your problemas. 9:45 A.M.—SUNDAY SCHOOL Ray Greene, Superintendent 10:50 A.M.—Morning Worship HOPE IN THE PROTESTANT REFORMATION 6:30 P.M., MYF, MIF Worship Services 7:30 P.M. THE CHRISTIAN HOME LY ° . WH Methodist ch Pou urch 1 in Cleveland | ing dockmen voted todsy to go to work on Monday and ef paralyzing waterfront which has brought this nation’s trade to a still. ed their back on the ‘old dealers’ and joined in the great construc- tive effort which saved not only business but freedom itself, and who ushered in what I should like to describe in contrast to the pres- ent national frenzy, 20 years of Teason.” Stevenson referred to Harriman’s service under Presidents Roosevelt and Truman after turning Demo- crat in 1928. He held numerous high offices in the Democratic adminis- trations, Of the depression in the 1930’s, Stevenson continued: “We've heard much in recent years about the internal challenge of communism. . .but never was the challenge realy more explosive than when 15 millions of Jouely, haggard men walked the streets in search of work.” Little Girl Takes Money Counting Lesson Seriously MEMPHIS, Tenn. ‘(#—A little girl marched into a branch of the big Union Planters Bank yesterday and handed a teller a dollar bill. “Would you change that to nickels?” she asked. Taking her nickels over to a table, she counted them carefully, and returned. “Would you change these into dimes?” Back she came a few minutes later to get the dimes changed into quarters. When she r eturned with them, too, curiosity triumphed over bank- reticence and the teller asked: “What in the world are you do- ing?” “Learning to count money,” she said briskly, and retired with her half dollars, DAD’S GUN KILLS CINCINNATI, (®—Donald Leon Graf, 13-year-old son of a Cincin- nati policeman, shot and killed himself yesterday with his father’s service revolver. Police said the boy r:ay have been twirling the weapon in play when it went off. London’s idle wharves: “We have won a glorious es overtime work should be ona untary basis and: that men who a month’s ‘time to review The walkout, which was strc ly. supported by Communists, gan when 7,000 mem! When you have a TV SERVICE CONTRACT bined us, we're at your ahs call at all imes every: your home find paraps wrong and make it RIGHT! 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