Oakland Tribune from Oakland, California • Page 37

TRIBUNE is delivered to YOUR HOME every day in the Year EDITION for Only a Month VOL. CXXV Exclusive Associated Oakland United Press Press 6 Service Associations Tribune OAKLAND, CALIFORNIA, FRIDAY, JULY 31, 1936 JURY DEBATES FATE OF MISS LARRIEUX WOMAN ACCUSED OF SLAYING 2 BOYS LOST IN COYOTE HILLS NEAR GILROY FRESE VICTIM OF ACCIDENT. COUNSEL CITES IN HIS PLEA Daughter of Dead Man Weeps in Court When Prosecutor Asks Conviction of Defendant; New Legal Angle Unmentioned SPECTATOR Mrs. Thelma Markolf, daughter of Joseph Frese, who wept in court today during the close of the trial of Miss LaVyna Larrieux, accused of manslaughter in connection with Frese's death. FOUR CRASH SUITS FILED SAN JOSE, July suits tor damages, totaling $111,242, were on file in Superior Court here today as the result of auto accidents, one of which resulted fatally.

Mr. and Mrs. Randolph Hall demanded $10,307 from the Barrett Hilp Construction Company and Rose, Manuel and Marie Correia of Mountain View for death of their son, Ferris Hall, 20-year-old bicycle racer, killed in Santa Clara May 20 last. Plaintiffs allege that their son was killed when his bicycle was swerved suddenly to avoid an auto owned by the Correias and slid into the path of a truck operated by the construction company. Ben Hanley, Oakland service station operator, demands $20,000 damages from Lloyd Blake and the Quaker State Oil Company for injuries received by Hanley in a collision with a car driven by Blake at St.

John and 13th Streets here last Sunday. Claire Fry, her son, George Butler 8, and Hazel Parker filed suit for $75,935 damages against Gerda A. Johnson as. a result of injuries plaintiffs say they received when a car in which they rode collided with another auto operated by the defendant on Stevens Creek Road on June 28. Fred Van Law, 18, sues Sarah Sanzone for $15,000 damages as result of injuries the youth incurred' when his bicycle was struck by the defendant's auto at Eighth and Santa Clara Streets last June 16, according to the fourth complaint.

Three Hurt in Crash; Oakland Man Held EL CERRITO, July women and one man from Bakersfield, were injured today when their automobile was struck by one driven by Joseph O'Donnell, radio technician of Oakland, who assertedly was driving on the wrong side of the street. He was held by police. Those injured were Stanford Dow, 20, driver of the car, who suffered a broken pelvis and. other injuries; Mrs. Charles Harbaugh! 27, lacerations, and Miss J.

Newfield, 16, a fractured nose and lacerations. Labor Council Elects San Jose Officers SAN JOSE, July Moorhead was last night elected president of the Central Labor Council, which is now a separate unit from the Building Trades Council, after a merger lasting several years. Other new officers of the Central Labor Council are: Ernest Caldwell and M. Schneller, vice-presidents; J. J.

Anderson, secretary; C. Carleton, financial secretary; Fred Evans, treasurer; E. C. Merritt, F. Bermester, Mrs.

Lula Chantler, L. Nagle and G. Hampton, directors. Oakland's Only Locally Owned Locally Controlled Daily Paper 37 NO. 31 WHERE EASTBAY BRIDGE TRAFFIC DISTRIBUTES Here is where transbay automotive and rail traffic will on this side of the bay and constitutes the super, three- System Mole: The new be distributed throughout the Eastbay after traversing the lane highway, leading to and from Berkeley on the north, completed in September.

new San Francisco-Oakland Bay Bridge. It is the traf- the subway under San Pablo Avenue to Moss Avenue, -Clyde Sunderland air fic distribution center which has been designed to speed and to the south and downtown Oakland. The approach Flying Service, Bay transportation to all sections of Oakland and other cities leads to the bridge ramps westerly along the present Key HEARING SET Historic Resort Saved From Flames ON DREDGING Fires Take Heavy Toll in Grain Fields BERKELEY, July hearing on Berkeley's to the Federal Government for the dredging a deep-water channel from Berkeley past Yerba Buena Island, will be held in the City Hall here at 10 a. August 10. Lieut.

Col. J. Dorst, district engineer for the War Department, made this announcement today in a letter "to City Manager Hollis R. Thompson. Berkeley recently, requested dredging of the channel to make deep-water port.

The improvement it. would permit virtually any vessel entering San Francisco Bay to call at Berkeley. Cost of the project is estimated at approximately $120,000. Contributing its share toward the ultimate conclusion of the project, Berkeley is constructing a seawall. The hearing will be conducted to give the government information on seven points, including character and location of the improvements; character and volume of waterborne justification for the expenditure; necessity for the improvements; area to be served by the improvements; interests primarily affected, and the contribution the government may from the city of Berkeley.

Mine Camps Periled By Forest Blaze COLEMAN, July of men battled today to save ranch buildings and valuable timber lands in the Crow's Net forest reserve where a nine-day fire has taken heavy toll. The fire front was about 18 miles South and moving North. It advanced into the valley of Carbondale Creek, a tributary of the Castle River, and progressed along a five-mile front. Flames were eating toward. the Crow's Nest Pass mining camps.

Oakland Physician Cleared in Dope Case SAN FRANCISCO, July John C. Coleman, Negro physician of Oakland, today was acquitted by a jury in the court of Federal Judge A. F. St. Sure of Harrison Narcotic Act charges.

Dr. Coleman was charged with issuing illegal prescriptions for narcotics. Four Negro attorneys defended him: The jury deliberated five hours before rendering a verdict. Spiders produce silk not only for webs but to protect their young, their eggs and themselves from wet and cold. TWO SEARCHING PARTIES COMB RUGGED AREA The fate of Miss La Vyna Larrieux, defendant in an unprecedented manslaughter trial, was placed in the hands of a jury in Superior Court here at noon today.

No defense was offered by counsel for Miss Larrieux, who claimed that Joseph H. Frese, 42-year-old Oakland furniture dealer, was shot accidentally in a struggle with for possession of a gun with which she said she intended to commit suicide. The 35-year-old defendant was characterized by her attorney, Leo Sullivan, as the victim of "accident or misfortune, and not a criminal acct." Sullivan, in his closing argument, told the jury of five women and seven men: "It would be a gross miscarriage of justice to send her to prison." DAUGHTER WEEPS Frese's daughter, 23-year-old Mrs. Thelma Markolf, sitting in the front of the courtroom, wept several times during the argument Assistant District Attorney Charles Wehr, who asked Miss Larrieux' conviction and declared "there are a number of circumstances in this case which were not explained." Wehr declared that she should be found guilty of manslaughter if it were shown she were negligent in handling the gun. Superior Judge Frank M.

Ogden, in brief instructions, told the jury that Frese had a right to interfere if he saw Miss Larrieux attempt to commit suicide. after his interference, she failed to use due caution and circumspection in handling the gun, and if he were killed because of that possible failure, she is guilty manslaughter," Judge Ogden said. LEGAL POINT OMITTED The unprecedented legal point that was introduced at the opening of the trial Monday--the claim that suicide is an unlawful act and that a death in an attempt at suicide therefore would constitute manslaughter -was not mentioned in the closing are argument. Wehr, who advanced this contention, claimed that suicide is an unlawful act even though it is not a crime under California statute. In his argument today, Wehr stressed the failure of Miss Larrieux to take the stand and tell her story.

Sullivan countered with the explanation she had "told her story to police on five separate occasions, and was subjected to cross questioning by them." OFFICERS TESTIFY Several police officers who had questioned Miss Larrieux gave her story in testimony during the brief trial. They said her story was corroborated by evidence found at the scene of the death. Miss Larrieux was exonerated by a coroner's jury which investigated the case a few days after Frese's body was found in. the apartment at 629 East Nineteenth Street which he and Miss Larrieux occupied. He died April 30.

Frese's daughter, who lives at 213 Best Avenue, San Leandro, left the courtroom before the case was given to the jury at 11:55 a. m. His widow, from whom he had been estranged for several years, was not in the courtroom today. Berry Promises F. R.

3,500,000 Votes WASHINGTON, July Major George L. Berry, president "Labor's League," said today his organization would swing at least 3,500,000 votes to President Roosevelt. Berry, who also is the president's co-ordinator for industrial co-operation, estimated that 25 per cent of this number would represent voters who were not traditionally Democrats, 15 per cent would be former Republicans and 10 per cent former Socialists. At his press conference he also criticized Governor Alf Landon, the Republican Presidential nominee, for defining his attitude toward labor in a letter to Norman Thomas, Socialist candidate for the Presidency. Berry termed Thomas not associated with labor." Alleged Coast Oil Ring Being Probed SAN FRANCISCO, July operations of a huge, Coastwise oil production ring, which purportedly has fleeced scores of San Francisco and Bay district residents out of thousands.

of dollars, was under investigation by the U. S. Attorney's office here today. The asserted ring from Los McPike, Angeles, S. it was stated by and H.

H. Attorney, sold "leases" worthless oil land in Nevada, near Las Vegas. Postal inspectors also were investigating the operations and said they were prepared to seek indictments from the Federal Grand Jury in Los Angeles. SOUTHLAND DOCTOR DIES LOS ANGELES, July Dr. Titan Coffey, 62, prominent Los Angeles physician, who retired from active practice eight years ago due to ill health, died today.

Three Lads Start Trip, One Returns, but Others Fail To Reach Home by Night 8 98 roadways are expected to be photo, courtesy R. P. Bowman Airdrome, Alameda, BRIDGE FEEDER WORK STARTED SAN FRANCISCO, July work on feeder roads to the San Francisco-Oakland Bay Bridge will be resumed shortly was assured today after Earl Lee Kelly, State director of public works, announced that $178,000, or 55 per cent of the amount needed, will be advanced by the State. The remaining 45 per cent of the project's total cost is expected to come from PWA. The action was taken after City Controller Leonard S.

Leavy held up awarding of bids for the project because of lack of funds. The State overruled an objection of raising the level of Folsom Street. San Francisco Asks For Second Air Line SAN FRANCISCO, July San Francisco Chamber of Commerce today urged the Interstate Commerce Commission to authorize Transcontinental and Western Air, to operate a new airplane service between Albuquerque, N. and San Francisco, according to dispatches from Washington. Contending San Francisco was "the only city of its size and importance" dependent upon only one transcontinental air line, the Chan ber argued the new service would increase public convenience.

The Chamber informed- the commission San Francisco is now served only by United Air Lines' transcontinental route. An indirect connection links the city with the Transcontinental and Western Air Terminal in Los Angeles. The Chamber said there had been many requests from passengers and firms making express shipments that the city be served by a new transcontinental air route. Dissention Upsets Anti Monopoly Body LOS ANGELES, July Dissension within the Anti-Monopoly League of California and the Anti-Monopoly Agency WAS revealed today with the filing of an injunction against the groups by two district seven Anti-Monopoly Agency partners to prevent them from operating within the Los A Angeles metropolitan area. The plaintiffs, Clay McCarty and August Weymann, had hearing set for August 6 on their injunction.

They charged that the Anti-Monopoly groups hired them to enlist financial support of independent merchants in a fight for the chain store tax, then disturbed their work by contacting merchants within I their territory, SAN JOSE, July parties here and at Gilroy were organized today to hunt for Dale Bjork and Edward Mullen, both 10, who are lost in the rugged Coyote Creek country, east, of Gilroy. The two boys, with another young friend whose name was not obtained by the sheriff's office here, left their Gilroy homes yesterday morning for a hike along a branch of Coyote Creek. About noon yesterday the third lad returned home, telling his parents that Dale and Edward still were fishing and would return within a short time. As darkness began to approach and no sign of the two boys, their parents called Constable George Easton. Friends of the two lads started the search last night.

Harry Shuman, undersheriff, was notified this morning and was organizing a group to pack back the mountainous country to search for the lads. Easton, likewise, was heading for the Coyote District with a group of Gilroy men. Easton said he felt grave fears for the safety of the two lads, as the country in which they were lost was particularly dangerous. Souza Named As Postmaster SALINAS, July today were extending congratulations to John P. Souza, whose appointment as acting postmaster of Salinas was received yesterday.

will succeed the late John Iverson. ONES Announcement of the appointment came as a surprise following presidential decree all candidates for postmasterships above fourth class were to be put under civil service classification. It was disclosed today, however, that Souza had previously passed a written civil service test. Two years ago he took the examination and on February 16, 1934, he received official confirmation from the civil service commission in Washington that he had passed. Endorsed by the Monterey County Central Democratic Committee for the post and championed by Congressman John J.

McGrath and hundreds of friends, Souza was known to have had an "inside rail" in the race for the appointment, ST. HELENA, July Aetna Springs, upper Pope Valley resort, was threatened with destruction last night, when a raging brush fire swept over more than 1000 acres of hill and pasture land northeast of here. Razing a number of buildings on tthe old Hudspeth ranch, the fire, origin of which is still undetermined, raced to within a few hundred feet of the Napa County resort. It was checked by ranchers who had volunteered as firemen to assist the regular Pope Valley and Chiles Valley fire departments. The Las Posadas crew and that from the Pacific Union were called to battle the flames." Cattlemen, including those operating the Standiford, Duval, Owens, Fealy and Barnett ranches, are expected to be short of natural feed for their herds due to the destruction hundreds of acres of pasture.

MODESTO, July 31. A horse, once taken to safety, broke loose from its rescuers, ran back into a blazing barn and was destroyed with the structure. DROPPING OF WPA MEN HIT BERKELEY, July committee was named last night -at a meeting of the Berkeley Workers' Alliance to protest summary removal from WPA rolls of men and women more than 65 years of age. Six men and women so removed under a new government order yesterday protests at the meeting, 'declaring that no provisions had been made for. them other than to be' told to apply for old-age pensions.

George W. Graydon, member of the State executive board of the Workers' Alliance, declared that the would be placed before a meeting of that body to be held Sunday in Fresno. "It is inhuman to suddenly drop old people from WPA rolls without provision for their care during the three or. four months it takes to secure an old-age pension," said Graydon. The Democratic administration's relief policy was criticized by speakers and a meeting called for next Thursday night at the City Hall for further discussion.

Andrew Eggum was chairman. The barn belonged to Charles Bashor and was on his place on the Scenic Drive near here. Two horses were taken from the barn immediately after the fire was noted. While one was being tied up the other broke loose and headed straight back into the barn. Bashor purchased the horse a week ago for $135.

In addition to 'the barn and horse, seven tons of hay and a trailer were burned. The fire was reported by a group small boys, who said a sudden puff of smoke erupted from the roof. It was believed the fire started from spontaneous tion in the hay. MODESTO, July which started in the header drive of a vester today had destroyed the harvester and 100 acres of standing grain on the old Hickman Ranch, southeast of Modesto in the Montpellier district while two shorthanded fire companies fought the blaze. The chief of the Montpellier rural City Hali to Be Dedicated MILL VALLEY, July city's new City Hall, replacing a building used since the incorporation of Mill Valley as a town in 1900, will be dedicated at a ceremony here tomorrow afternoon.

The new structure, which will house all city officials, the jail and the Fire Department, was built with a $30,000 bond issue and a $24,500 Federal grant. Mill Valley was incorporated last November as a city. Requiem Held for Mrs. Mathilda Levy BERKELEY, July requiem high mass will be celebrated at 9:30 o'clock tomorrow morning at St. Joseph's Church for Mrs.

Mathilda Levy, daughter of one of Berkeley's first families, who died the St. Joseph's Presentation Convent after a week's illness. Mrs. Levy, 76, was the daughter of the late Mr. and Mrs.

Michael Curtis, for whom Curtis Street was named. She was born at the old family homestead at University and San Pablo Avenues. Mrs. Levy was prominent in Catholic circles and was the mother of Sister Meriam Joseph of the Presentation Order, whose death occurred some years ago. fire company said it was more than an hour after the Montpellier and Snelling trucks responded before enough men were on hand to control the flames.

The grain belonged to Jake Wassum the harvester to his father. Both the grain and the harvester were insured. Damage was set at $4500. A tractor, which had been with the harvester, was saved and was used to aid the fire trucks in fighting the blaze. OAKDALE, July of undetermined origin today had destroyed the L.

C. Walther barn in East Oakdale, along with 50 tons of baled hay. The was approximately $400 for the hay." The value of the barn was not reported. Mrs. T.

J. Cashman discovered a small flame about 11 p. and when she reached a telephone few seconds later the roof was ablaze, Both the city and rural fire trucks responded and kept the flames from spreading. Two horses kept in the barn were cut free and saved by neighbors. TWO TRAPPED CAVE-IN AT QUINCY, July -Rescuers sped from Greenville, 24 miles north of here, today in an effort to liberate Frank Baer and Nick Williams, prospectors, trapped by a cave-in on their mining claim' near Round Lake.

Word of the slide reached Greenville, when a prospector. arrived there this ance in digging for the entrapped men. He was unable to say when the accident occurred. According to information telephoned from Greenville, the two prospectors were caught behind the falling earth and rock about 35 feet from the mouth of the tunnel. The property is located seven miles from that town.

Residents of Greenville immediately organized rescue crews, and approximately 75 persons were reported en route to aid in breaking through the barrier. No indication as to whether the entombed men were alive had been received. Baer was said to be about 65 years of age. Little was known of Williams, his partner in operating the claim. Both had lived on the property for some time, it was said, Man Held on Charge Of 'Mother' Tusch BERKELEY, July man who is alleged to have taken advantage of the trust Mrs.

C. A. Tusch, "godmother" to war veterans and aviators, reposed. in him was held in the City Prison here today in lieu of $500 bail. He is Roy W.

Vance, self-styled manager of a Los Angeles business bureau. Early this year, Mrs. Tusch says, Vance, who claimed to be a World War veteran, obtained $150 from her to purchase stock in the Trinity Loop Mine on her account. No receipts were forthcoming, she said. Later, when she saw him again and demanded proof that the stock had been purchased, he offered no explanation, she added.

On June 23 she signed a complaint against the man. Last night he was taken into custody at 19th Street and Broadway by Oakland police. He is charged with petty theft. Boy, 3, Severely Burned in His Home Playing too near a stove spelled tragedy today for 3-year-old Manuel Torres of 2626 East Eleventh Street. He is at the Alameda County Emergency Hospital with first and second degree burns on face, chest and arm.

Alone in the kitchen for a moment, the boy endeavored to see what was cooking in a pan, and the flame caught his clothing. His father beat out the fire with his hands and an ambulance took them to the hospital. Physicians said the child's condition was critical. Walter S. Ruff, supreme dictator of the Loyal Order of Moose, will be guest of Oakland Lodge, No.

324, 11th and Clay Street, tonight. Preceding the ceremonies a preinitiation dinner will be held in the club rooms arranged by Milton Hendrickson, past dictator and chairman of the house committee. Supreme Dictator Ruff, who hails from Canton, Ohio, will be guest of honor and speaker at the dinner. The head of the Moose will be welcomed in the lodge rooms by William J. Hamilton, supreme count cilor, veteran secretary of Oakland lodge and chairman of the board of supervisors.

Visiting Moose will come from every section of Alameda And Cons tra Costa Counties. Moose to Be Host to Supreme Dictator..