The evening world. Newspaper, April 21, 1922, Page 3

” ola? oki: 5 edi eel ea ee anna > JUDGE MADE SICK BY FILTHY HARLEM FLATS STOPS RENT ‘ —_—— He and Court Officer Over- come When Inspecting 4 20-Family Tenement. ROOF ONLY IS CLEAN. Menace to Health of Neighbors as Well as Tenants, He Say: Declaring conditions in a twenty- family tenement at No. 148 East 121st Street wero so filthy théy madé him and an officer of the court sick, Justice William Blau in the Eighth District Municipal Court to-day advised the tenants not to pay their rent to the Aiger Realty Company, of which Helen Fuld ts President, but to de- posit®t with the clerk of the court, to be held until conditions are im- proved. The only-clean spot in the house, the Justice sald, was the roof, which is swept by the wind. ‘The Aiger Realty Company has pre- viously been in court for various housing violations. A few days ago they summoned to court tenants at the East 12ist Street house for failure to pay their rent. The tenants said conditions at the house were unsani- tary and therefore they had not paid. Justice Blau declared he would in- spect the premises, accompanied by a court officer, and then would an- nounee his decision. “In all my experience as a Justice, I have never seen.such an unspeak- able place to live in,” he said in court to-day. “How men, women and children can live in such a house, and survive is beyond me.”* Both he and the court officer, the Justice said, were made ill by their visit to the place, and the court off- cer was unable to report for duty after the experience. The Justice continued: “T have been in places where cattle sleep with human beings, but never before have I seen such a filthy place. It beggars description. “It is not only a menace to the health and lives of the tenants, but lo the people of the immediate com- munity. “4 “In one apartment I found a woman lying sick in bed, made ill by the con- ditions which exist in that house. When the dumbwaiter door is opened the stench is sufficient to overcome any healthy person. There is not even cold water in the apartments; plaster hanging from all the ceilings; wall paper is filthy and dirty. ah ae PARROT SETS FIRE TO S. I. HOUSE Left Alone, Plays With Matches and Blaze Is Seen by Neighbors. Instead of the usual child setting the house afire with matches, a parrot performed the age-old opera- tion on Staten Island just before noon to-day. Incidentally, it almost killed the parrot. The bird, belonging to Mrs. George Goess of No. 159 Franklin Avenue, New Brighton, had been left on the kitchen washtubs while she went out shopping. Shortly afterward neigh- bors saw smoke coming from the rear of the house and, failing to gain an entrance, turned in an alarm which brought the Fire Departments of New Brighton and West New Brighton. When they broke jnto the kitchen, which was all ablaze, the parrot was lying in the cage almost overcome. It revived after being taken out. The fire did about $1,500 damage to the house. TEST MACHINE GUN FOR EXPRESS CARS Will Spray 18-Foot Radius Shot From Trucks Carry- ing Valuables. President C. W. Stockton and other officials of the American Railway Ex- press witnessed at Police Headquar- ters to-day a demonstration of a new f¥pe of machine gun which the com- pany contemplates installing in its already armed trucks which convey valuable packaxes. "The gun, whicli may be fired either from the shoulder, hip or from a mounting, uses stecl-jacketed bullets Or Dirdshot. The latter was suggest- ed for the company's purposes, as at $0 feet the shot spread over an area of 18 feet and ts guaranteed to bring down the man aimed at without kill- ing him. Bystanders could receive only slight flesh wounds, it is sald. The demonstration was made by gun “smpany officials and Patrolman Charles Wash, who is in charge of the pistol range at Headquarters. >. HOTEL GUESTS ROUTED BY HEMPSTEAD FIRE Fire which early to-day destroyed a barn of the Liebmann Brewing Com- pany, in the heart of the business sec- tion of Hempstead, L..1., caused damage entimated at $20,000 and for a time thfeatened destruction of the old Hew- lett Hotel high wind carried sparks over houses in the residential district. and the Fire Departments of Garden City, West Hempstead and South Hemp- stead were called ‘The ren Hotel was slightly dam- of aged when root took fire. Gues : gum to the in night attire, “We shall always have crime waves uotil we reform Jaw admin- istration that protects the criminal.” never can lost a bad old law.’ HE EVENING WORLD, FRIDAY, APRIL 21, “Not only do we pass “America suffers “The American’ pegs a surplus of asinine from a mania of law ple have been law new Jaws, but we making, I know of abiding, but their nothing like it in any psychology is chan other ct SS ing since Fropibition ” Soe cansecaenene: “It_is almost impos- sible to prove # man “The guilty when he is s0, tally, morally below a criminal sentenced guarded as carefully His punishment is too par. ‘That is some- for life to a penal as if he were a mental. long E pestpencd.®’ thing to Femember” ~ colony.” e latot” nal Is pl is physically, men 194%. COKE eres YXLLIXXKK habitual ¢ First ‘‘Reform the Lau,’’ Prof. Binder Suggests, and Check the Law Breaking Head of N. Y. U. Department of Sociology Says We Have Too Many Laws That Can- not Be Enforced—Craze for Law Making, as Evidenced by the Prohibition Law, Is Chang- ing the Psychology of the American People. By Marguerite Mooers Marshall. 66\W7® SHALL always have crime waves, your pocketbook, my person, will always be at the mercy of the criminal class . —until we reform from top to bottom the admthistration of law which now operates to protect the individual criminal at the expense of societ, This conclusion has been reached by a man who has studied for a lifetime the relation between society and the individual, recognized aufhority in his chosen field. Binder, Ph. D., head of the Department of Sociology at New York Uni- versity. The Shattuck robbery, which still remains at the crest of our local wave of crime, took place not more than a stone's throw from Dr. Binder'’s office at the University in Washington Square, ‘We spoke of that extraordinary incident, and of others almost equally sensational, before I asked this keen and experienced observer of modern conditions to discuss the causes and the ‘cure for the outbreak of lawlessness about which all New Yorkers are talking and fuming today. These are Dr. Binder’s chief points: Our law itself is a basic reason for our lawlessness. Before Prohibition, the Ameri- can people were in the main a law-abiding people, but now their whole pyschology is in process of change. The administration of our law protects the criminal at the ex- pense of society. Most criminals are physically, mentally and morally below par, and society should protect itself permanently against them as it now protects itself against the insane. “More than any one factor in crime waves, I blame the tangled up confusion, the slipshod admin- istration, of our laws,” began Dr. Binder. “It has been estimated that, in the last few years, no less than 52,000 Federal State and local laws have been passed in this country. The honest man cannot tell whether he is break~ ing the law or not. The crook can always hire a clever lawyer to show him how to get around the law; or, if he breaks one, how find another that protects Not only do we pass a surplus of asinine new regulations, against personal habits instead of crime, but we never can lose a bad law, no matter bow old and out of date it has grown, You remem- ber the other day, in England, it was argued -that a woman was innocent of a certain offense be- cause, yrding to a ruling by King Canute, no married woman has mind enough to commit a crlme—she must be directed how to do it by her husband, It is absurd—yet no more absurd than other legal practices dating from the Fifth and Sixth Centuries and still ruling us, in the Twentieth Century. “America, especially, suffers from a mania of law-making. I do not think there is anything like it In any other country. A few of us see an evil, we pass a law against it, ‘then we go on our way rejoicing that the evil is ended. We seem to think that the mere act of law-making is enough, that laws enforce them- selves. Dr. Binder paused a moment, and his brdwn eyes twinkled. “Let me give you an {instance of our national psychology,’’ he said. “Several years ago, there was a certain convention of women’s clubs in Pittsburgh. After discussing with some fervor the oppression to which woman is subject, these ladies, tn’ all seriousness and good faith, passed the following resolution; “Re- solved, that drudgery be abol- ished.’ “Appreciating the humor of the incident, Itrepeated it to my class DOYLE TO SHOW PHOTO OF SOUL LEAVING BODY Promises to Exhibit Picture of Astral Form Departing at Death. Sir Arthur Conan Doyle will deliver his third lecture, “Re- cent Psychic Evidence," at Carnegie Hall this eveping at 8.30 o'clock. He promises to throw on a screen what he considers to be the most re- * markable psychic photographs ever produced One of these photographs— ‘ all of which, he explains, were taken under the strictest sclen- tific conditions—wilf show the astral form leaving a human body at the moment of death. He also will show photo- graphs of the mysterious ecto- plasm, which is supposed by some Investigators to be the basis of the materialized forms seen at seances. who is a He is Prof. Rudolph M. - 2 KILLED, 4 HURT here at the University, to illusg IN FALL OF ARCH trate the very point which I have been discussing with you, Hard- ly had I finished the little story, when one of my most brilllant girl pupils arose and commented, as seriously as the dear ladies in Pittsburgh, ‘Thank heaven, they've got that far anyway!’ “We need to clarify, simplify and cut down the number of our laws, as a first step to protecting society against the criminal,” he summed up. “If we are to enforce any of them, we should repeal those we cannot or ought not to enforce,” Huge Brick Kiln Under Construc- tion at Metuchen, N. J., Buries Workmen. Two men were killed, one is be- zleved to be dying and three others were severely injured when a brick arch in a huge brick kiln under con- struction at the plant of the’ General Ceramics Company at Metuchen, N. J. collapsed, yesterday afternoon, burying a number of workmen. Thomas Tobiason, No. 16 "Such as the Volstead act?” I Seas Court, and Henry Munson, No. 441 suggested. Morris Avenue, both pf Elizabeth, “We must either make our en- | ‘ied in the Perth Amboy City Hos- forcement of that act conform to | P!tal. the law, or change the law to |, The injured, who were still in the hospital this morning, are conform to our enforcement,” an- ks ames Smith, No, 12 swered Dr. Binder. “Throughout |,,)°"°8 Westeott their history the American people ie Seater cepted don tan rede Ne: have heen, on the whole, law- |iienhen MoininrgcNa. oe) Mocateil abiding, But in Prohibition you | treet, Eligaheth and Lienest. sel have something put over by |ian, ‘No. 385 bark Avenu sy methods into which we needn't | \iboy. Smith's condition le serious £0, something that is against the will of the people as a whole “Any careful observer can sce the change that is coming over the national psychology as a re- sult, There is a frank, widespread tolerance of lawbreaking, so far The kiln was about thirty f and contained sixteen larg: ments. The men had finished nine of the compartments and were working $n the tenth when the arch collapsed U hig compart- as this particular law is con- “We must be humane tn the cerned. When an important treatment of the criminal, just as Judge will procure supplies of we must be humane in our treat- liquor illegally—as more than one ment of the lunatic. But it is Judge undoubtedly is doing—it not safe to allow either to roam is a pretty clear indication of at large, the attitude of the general pub- "I investigated, in 1913, a prison le toward Prohibition. And of colony in Belgium, one of the course the psychological effect of most famous in the world. I breaking one law is bound to re- found that the inmates, all of act unfavorably so far as the them sent there for comparative- sacredness of other laws is con- ly minor crimes—stealing a cerned, “Unless we make our enforce- ment of Prohibition conform to chicken or some similar offense— had often been returned as many as fifteen and eighteen times. Ob- the law, or change the law to viously this type was not able to conform with popular ideas,” re- take care of itself, in competition peated Dr. Binder, “we are clear- with normal members pt soc: ing the way now for the crime Then what use to put socie waves that will rise in the next through the trouble and expense of committing it to prison over and over and over again? generation.” ‘Then he called attention to the fact that, in enforcing our laws, fo cope with crime waves we the “breaks” are all in favor of must put the criminals, when the criminal. they are caught and convicted “We have carried too far,” he where they cannot arm them insisted, “our legal hypothesis selves or society,” summed up that a man js innocent until he Dr. Binder, “After a third con- is proved guilty. The result in viction 1, would have a criminal practice is that it Is almost im- sentenced for life to a penal col possible to prove him multe even ony, where he may recelve proper when he Is so. His punishment, care and where the rest of us are too, when he receives it, 1s post- protected from him, A criminal poned so long that the moral is simply a moral idiot and we value is greatly impaired, Every- body knows, in dealing with a child or puppy, that punishment should guard him as carefully as we guard the mentai {diot. “But don't forget that we must should take place while the mem- reform the laws!" Dr, Binder ory of the Offense is fresh in harked back to his first conten- mind, if it Is to do any good. In tion. “Although,” he added, with the case of the criminal the same dry emphasis, “how gan we logic holds, for there, too, we are form them #0 long as we dealing with an inferior mental- | tinue to send fourte and arth sate ity, lawyers to Washington an “The habitual criminal,” de- enth and eighth rate lawyers to clared Dr. Binder, “is physically, Albany?" mentally, morally below par. That js something we ought not to “Meanwhiley what, from vo forget when we are dealing with point of view, is the first him, That is the reason why, toward suppressing New York in my opinion, much so-called crime wave?" | asked. prison reform is about as useful The professor's opinior as pouring water into # sieve." ally comes close to mak! unanimous, “But surely you don't approve — of the unspeakable brutalities in “Enright,” he rema many of the old-time prisons,” sauve, grim, academi s Pavitested fs “would sgem to be ina ate “Of course not,” he anawered, the situati@n!’ Two Buddies Verily Verbal Will By Which Brooklyn Soldier Left All His Property to Sweetheart ‘All for Lenore,” Mason Said, Going Over Top, and Later in Prison Camp. ¢ ——-——_ Hearings in the novel will contest over the estate of Ernest Charlton Mason, former member of the 106th Infantry, the old 23rd of Brooklyn, will be resumed on May 16, Surrogate Wingate decided to-day, Muson’s tate was disposed of by him through verbal instructions given a “buddy” in a German prison camp. He dl- rected thitt all his possessions, amounting to some $13,000 in cash, and real estate holdings in the West should go to his sweetheart, t., Knapp, a pretty brunette sten- ographer, of No. 2029 Ryer Avenue, the Bronx. Miss Knapp's efforts to carry out her flance’s instructions being contested ‘by his uncle, Henry J. Ma- son, wealthy silk merchant. Mason claims there is no proof of the death of his nephew and further contends that the'yerbal will is not legal Information of Mason's "verbal will” came to Miss Knapp from the lips of a “buddy” who had been cap. tured with him during the terrific assault of the New York Division of ure the National Guard on the Hinden burg line in September, 1918. It is verified by another conirade who was algo taken prison This man told Surrogate Wingate a graphic story of his experiences tn the Brooklyn Su rate’s Court “Ernest and I were married," said Miss Knapp. *'We set- tled that in September, 1917. When the division started to move out of Spartanburg he thought they'd stop at New York long enough for him to come home, and we planned a hasty wedding. yesterday. engaged to be “I am sure he relied on our being able to carry out our plans, and thus did not write out a will. But he made his wishes clear to his comrades. He and Oscar L, Westgate were Insepara- ble. He told Oxcar just before the drive that he felt something might happen to him, He asked Oscar to see to it that his property and poss sions wentyto me, He lates made th same request of Josepi Loomis, an other member of his company, who was captured with him. I do not see why his uncle contests it, when it wa» Ernest's dying wish." The War Department has listed Mason as being dead, although no trace can be found of his «rave. His two ‘buddies’ testified that he was removed from the Prison Camp, dying trom Influenza Attorneys for the contestant con- tend that the certificate of death is ed by the United States Govern ent is not sufficient. under the stat ute of New York, to prove that Ma son is dead and that seven yea must elapse before death can be as sumed. They held that if he died he died In a German prisae Bospilal ~ MISSALENOREF REIKNAPP: surrounded by the enemy and was buried in an unmarked grave. Miss Knapp’s counsel declare there is no doubt of his death, that he wes seen lying on the ground ten days sick from influenza by a comrade who saw him taken away in a German ambulance two days before his death was reported. Mason had served with the 234 Regiment on the Mexican border. He gave as his emergency address, when he went into the World War, the ad- dress of his flan i took out Government insurance in her fa- vor he wrote he , you see, you I fixed financially would be pretty if I dropped within the next five years. It was carly on the morning of Sept. 2 1918, that Mason w seated in a dugout in an outpost trench with Westgate, his “bunkie,"" according to the latter's testimony before the Sur- ate. Word was flashed down the that the division would advance, men would go over the top. Mason turned and told his comrade about the engage- ment and said he felt death was near, “If I don't tome through this," he line that in a few minutes the said, “I want Lenore to have all my estate.” Not long afterward Mason and Loomis were cut off from their com- rades and taken prisoners. Later when Mason lay, dying in the prison camp, he called Loomis and told him the same thing he had told Westgate. He was takén away to a German hos- pital then and official news of his dcath Oct. 16, 1918, came in a letter from the War Department to the Knapp home Ava. 6, 19 During the argument in court Miss Knapp wept as the attorneys argued Surrogate Wingate said the death cer tifieate furnished by the Government might not be sufficient in itself but that there was suificient proof in ad- dition to the fact that Miss Knapp had not heard from-himn in the three and a half years that his reported death TWO NEW COLORS ARE CHOSEN FOR SPRING MILLINERY Pebble and have elapsed since Killarney are the new colors finally se- lected for special attention in retail openings during the week of Muy %. The Metro- politan Display ab yesterday decided to bulld all its schemés around these Men's ¢ ors, leaving tlie dozen selected by the Textile Color Card As- sociation and mentioned in this column some days ago, in sec- ond place. The millinery sen will lead the color drive, und rota t hoyt the country will be furniahed with scnemes for displays along tir lar to those used N York, “Alter a third con- viction, 1 woyld have *. Prof. Binder, N. Y. University Sociologist, Points Out ut Simple Way — To End the Crime Wave Prevalent All Over the United States| “MARITAL ACIS” “The criminal tsa moral _ idiot, he WIDOW OF VICTIM SPITS CURSE AT SLAYER IN COURT Italian Prisoner Cringes Under Vengeance, but Takes Sen- tence Unmoved. Mrs. Vito Maretone, beg in widow's weeds, shot a dramatic Sicil- ian touch into the proceedings of fudge Meintyre's part of the Court jeneral Sessions to-day: when she Iked up to Dominick Galati, who was standing before the Judge's neh awaiting s der of, her ntence for the mur- husband, spat three times in his face and launched which him cringe, Gamtl appeared to be more iffected by the subsequently upon him an Italian curse inade curco than by the pronounced — sentence, which was a term from ten to twenty years in Sing Sing prison, The dramatic nature of the ineident was rendered the more acute by the fact that the evidence in the case es- tablished that the murder grew out of an attempt on the part of Galati to protect Mrs. Mircion from yossible injury at the hands of her husband, who kept a grocery store at No. 190 Chrystie Street, Galatt was his clerk: On Dee, 2, 1921, Mrs. Marctone, while serving a customer, spilled some sugar on the floor, Her husband reprimanded her sharply. Her reply angered him and in a moment a fam- lly row was in progress. started for his wife threateningly and Galati interfered. he grocer kicked Galati out of the Returning in a few minutes, att shot Marcione, who died in a fow minutes. A plea of guilty of in the first degree was accepted from ati. (As ts customary in such cases, the court summoned witnes: who would have appeared in the trial to question them, and among the wit- nesses was Mrs, Marelone, * Tearfully and vehemently she as sured Judge MeIntyre that her hus band was a good and kindly man; she was not afraid of hin Nauti had no right to interfere; her husband was wantonly slain, And when she had finished talking to the court she took her yengeanc _ TRAIN ROBBER SHOT IN DUEL WITH COPS ator manslaughter One of Five Looting Car In West ‘ Shore Yards Hit—All Kacape, More than twenty shots were ex- changed between five train robbers and West Rallrond detectives to-day in the yards at the foot of 12th Street, Hoboken, ‘Che robbers were caught lobting w frelghs ear. ‘The police believe one of them was wounded The five had boarded yards, and at 12th the “a fore Shore the train in Street theyspulled or of the car and to throw cases on the ground, Four had been pitched out when the detectives appeared. A score of shots were exchtnged b fore the robbers started to run. The detectives fallowed, firing as they ran, for nearly half a mile, The men appeared’ over a hill > ONE BELOW FREEZING, NOT AN APRIL RECORD No More Cold Wenther tn sieht Warmer Week End, ‘The temperature was one degree be low freezing at 7 o'clock this morning. It also touched this figura, 31 degrees during the night. Although this sounds cold, in April, 1874, the thermometers of the Weather Bureau registered 20 degrees. In April of the following y the cold went to 26 degrees. But the weather man said this morn- ing that there was no more ce weather in sight. It will be cloudy ¢ fight, with little change In tempera tage from what it was last night, and to-morrow afternoon it will be warmer The storm from the West that was promised New Yorkers went on its way elsewhere yesterday : as THREE SUDDEN DEATHS IN MAN. NY sudden de An. uths in Mant Medical | Three reported to th: police to-day. Carroln No, 346 Kast 50th nly while attan were by the forty aminer Winkler dled Lust fiy nd nd ens unknown. 1 « of No. 69 Hast Wath St inidentified man cied suddenty he elevated elation Third Avenug, Marcione. DENTIST HAD ORY DESERTED His WE Her Note, He Admits, When of the tr suit Mrs. Blanche against her husband, Dr. Bernard. Rettenbers, a dentist of No. 2060 Amsterdam Avenue, Manhattan, upom! the Rettenberg ground he ti his wealth and gambled away $26,008 he had borrow trom her was fe sumed to-day before Supreme Court Justice Morschauser at White Plains)” a diary written by the dentist covers ing his marital experiences was of@ fered in evidence by the defendants In the diary the dentist had writtem! at the head of one of the pages “Diary * of Marital Acts.’” Dr. Rettenberg, who West 170th Stree wrote on Aug. 9, 1919; formed me her fath ire and would ari when desired," the charge of not “an honest man standing, the defen eral character witness Manhattagiy” Blanche ti r was a millionut ange for a divorés In order to refute wife, that he was and of moral ant called sev= 8, One of these his was Dr, Milton B. Shafer, a New York dentist, who said th Teputattem of Rettenberg was excellent. “IT consider him honest and of soot: moral character," said Dr, Shafer, “And you this despite the fret thut Rettent mbled away $23/600 Prey [of borrowed money on July 12, 1996) and left his wife for good on that date."* a “TL do,’ said the witness oy Lee Parsons Davis, as attorney Tow Mrs, Rettenberg, who fs the daughter of Henry B, Dejongh, millionaire emt of a chain of New York lunch room, had Dr. Rettenberg write comparisom of hix handwriting on a sheet of paper to show he changed bis handwriting: “Did you have more than $9,000 ef your wife's money when you went:te Mount Kisco and lost dt in a crm game? Rettenberg was asked by Mi Davis. fe “T had $23,500, it was all my mon My wife had Joaned me $15,500, I aver a note for it, the money was mines} he replied. i Rettenberg said that as he had given his wife a note she could gety a judgment against him, Im ® rigid cross examination the attorney for the plaintiff sought. te- make Rettenberg admit that he did not, after all, gamble the full $25,090, but still has it in his possession,.or the greater part of it. Dr. Retteme berg dented this, Eat and be merry! Here’s the appetizing zest of sun-ripened to- matoes, the mellow tang of a fine cheese, and the body-building nutri- ment of hard-winter wheat. The dry spa- ghettiis made by Heinz, So is the Tomato Sauce. The cheese is a special selection. The cooking is done in Heinz spotless kitchens, after the recipe of a noted Italian chef, HEINZ | Spaghetti Ready cooked, ready to serve Spring makes you 7s about your health demands care in ee ae- lection—If you would have a pepe warm weather food— tasty and nourishing eat . The dauble-wrapped, sanitary-sealed package AINCRE With the Genuine Roguefort. ‘CHEESE Gambled iver at t Chai S15 es 500 of Her Money, but Gave, | of the annulmemte deceived her as’ te" lives at New