Oakland Tribune from Oakland, California • Page 17

THE TRIBUNE DELIVERY SERYICE IS GUARANTEED If your Tribune does 'not arrive, phone TEmplebir 6000 before 7:45 p.m. (Sunday, 11:30 a. vPaper will be sent at once OA UND'S ONLY LOCALLY OWNED, LOCALLY CONTROLLED DAILY NEWSPAPER EXCLUSIVE ASSOCIATED MSS WIMPHOTO UNITED PRESS vol exxvm OAKLAND. CALIFORNIA, THURSDAY, JANUARY 20. 1938 17 NO.

20 rev FLIER'S ILLNESS PUZZLES DOCTORS Grossman MOTHER COMFORTS SON SHOT BY 'MISTAKE' (Story on Page 1) Oakland Fetes Anniversary Of St. Mary's Jerome Tells How He Got Nickname. Cognomen 'Black Jack' Earned as Strike Breaker, He Admits Gets 1 to 10 Year Term Oakland Attorney Protests Sentence On Fraud Charge Archbishop Mitty Presides at Mass In St, Frances de Sales A II i 1 i i Emil Grossman, Oakland attorney, 1 John J. (Black Jack) Jerome, real estate operator, and owner of the El Cerrito dog track, related today how he got thejc.kname Jalk," as he look the stand In his own defense against a charge of mail fraud In the court of U. S.

District Judge A. F. St Sure in San Francisco. vThe prosecution, conducted by Assistant District Attorney Valentine Hammock, had concluded its case against "Jerome and his wife, Mrs. Daisy Jerpme, yesterday, and Defense Attorney Harry Young called Jerometo the stariitoday as witness in his own behalf.

"Where did you acquire the name Black the attorney queried. "I got the name through my strikebreaking activities all the way from New York to San Francisco, from 1907 to 1929 and 1930," replied Jerome. Young quizzed Jerome on the financial condition of the real estate properties he controls in San Francisco, including the garage building at 355 Bush Street which the Government contends was manipulated by Jerome- in order to acquire outstanding bonds of the property at depressed values, PERIOD OF LOSSES Jerome testified under direct examination that from the time of the stock market crash in 1929 until 1935 he lost money heavily on his real estate holdings in the financial district. "When did you open the El Cerrito dffg track?" Young asked. "I began construction of the track in 1932 and opened it In October," replied Jerome.

Further questioning elicited the Information that Jerome had taken $75,000 in profits from the track and used them to bolster the finances cf his real estate properties in 1933 nd 1934. Jerome added that at one lime he owefl more than a million dol Mrs. Gunhilde Windhurst (left), and Mrs. Johanna Ericksen, sister and mother of Erling Erickson (below), Bay region aviator, anxiously awaited his return to consciousness Flier Suffers Mrs. Katherine Miltenberqer comforts her wounded son.

18, in the Berkeley General Hospital. The youth was shot by "mistake" when Patrolman John W. Blackstone took him for a fleeing automobile thief. Tribune photo. DEATH DEMANDED FOR PINHO AT SECOND MURDER TRIAL 1 The opening defense argument by Attorney Robert V.

Collins featured charges that the prosecution suppressed evidence of the existence of the second razor which Pinho claims Santos wielded, and that the State's attorneys had presented only half the facts. Sarcastically referring to Dr. was sentenced to serve from on to ten years in San Quentin Prison today upon his conviction on charges of insurance fraud, conspiracy and attempted grand theft, after he was termed the "arch-conspirator" of an insurance fraud plot by Superior Judge Lincoln S. Church. Dr.

Louis Kameny, physician, convicted with Grossman, was placed on probation for three years, with a one-year term- in the County Jail as a condition of the sentence. Mrs. Pauline Kameny, wife of the defendant, burst into tears when sentence was pronounced upon her husband. GROSSMAN OBJECTS Grossman heardr.his sentence on the first count without displaying any emotion, but, when the judge started to read sentence on the re maining counts, he suddenly burst forth in a denunciation of the severity of the penitentiary term. "I think I ought to get the same consideration as Judge Hickman got," Grossman exclaimed hoarsely.

"He got probation with 8 County Jail term as a condition, and my offense was not as great as his. Now he's out walking the streets a free man today. I don't think any preference should be shown." The reference was to former Police Judge George W. Hickman of Albany, convicted of attempted grand theft in ponnection with asserted extortion from cafe owners seeking to regain their liquor licenses. Judge Hickman was recently released after serving a portion of his County Jail term, pending an appeal, OUTBURST IGNORED Judge Church Ignored the outburst and continued reading the sentence, which included lesser terms on the other convictions, all sentences to be served concurrently.

obtained a five-day stay of execution to set his affairs in order, during which interim lw may remain in the County Jail. Dr. Kameny did not comment upon his sentence. Judge Church said that he had obtained adverse reports from the probation officer on both men, but was convinced that Dr. Kameny had been less culpable than Grossman whom he termed the "arch conspirator." The' pair were convicted December 2 of charges growing out of an attempt to obtain insurance claims based on an accident to "'beauty shop customer.

Mrs Ud-stone, tried with t.ie two men, was acquitted. Pacific-Ad Club Holds S. F. Parley Representatives of the Pacific Advertising Club Association met today at theaface Hotel, San Francisco, for the first of a two-day series of conferences 'under the leadership of the group's president, Lou R. Koch of Long Beach.

About 50 persons attended from 11 western States, Alaska, Hawaii and British Columbia. Most of those at the current meeting were members' of the association's board of directors and of the Los Angeles convention committee. IlilllilBllKilili Time Is Issue In Murder Trial SAN RAFAEL, Jan. 20. With dates referred to in his testimony the basis for heated tonsiaDie jacK nones oi lomaies will take the witness stand again today as trial of Mrs.

Maria Marshall, accused slayer of her husband, continues in Superior Court here. Mrs. Marshall, calm throughout the hearing which is now in its fourth day, was apparently emo tionless as Bones related a visit to the Marshall ranch home at Fallon when, he says, the defendant told -him of her husband's death. BATTLE OVER DATES Bones, on direct examination by District Attorney Albert E. Bag-shaw, said that the visit, made to serve papers in a civil action, occurred on November 1, a date disputed by defense counsel.

Mrs. Marshall did not call a doctor for her husband until November 2, when the physician arrived to find him dead. The widowed woman, whom the State charges with beating Marshall to death, told Bones on November 1 that he could not see her hus band because he was dead, Bones testified. At that time Mrs. Marshall cursed, ordered him from her ranch, threatened to shoot him if he didn't stay away and told him she didn't want him interfering in his business, the constable said.

TIME IS CHIEF ELEMENT 7 Then defense Attorney Lawrence Cowen' produced-en affidavit signed by Bones stating that he had served the papers in question on November 2 rather than on No vember 1. Bones said that he didn't recall making the affidavit, but that he was positive that he had called at the ranch house on the first day of the month, a Monday, JUBILEE A coram pontifex mass reserved for special occasions only marked the celebration today-of St Mary's' College's Diamond Jubilee, at St Francis de Sales Church. Archbishop John J. Mitty left his own cathedral to preside over the mass, the first held in Oakland in decade, as tribute was paid to the second oldest men's" college in the Far West Dignitaries from 14 other Pacific Coast colleges were in attendance as the mass liturgy was chanted. It was preceded by a procession of prelates, educators and students, numbering more than 500, from the rear of the church into the building, where they knelt before a great white altar decked in gold.

A choir of male voices under the direction of Rev. Jean M. Ribeyron sang parts of various masses as. the academic procession filed the church. After the congregation was seated, Archbishop Mitty, surrounded by dignitaries, passed down the center aisle, spreading his blessing over the celebrants.

FACULTY PROCESSION Brother Albert president of St Mary's College, led the faculty prv I cession, accompanied by Dr. H. R. W. Smith, representing the University of California, and followed, by faculty members from the University of San Francisco, San Francisco State College, St "Patricks Seminary, Dominican College, St.

Jo sephs College, Stanford, Santa Clara, College of the Pacific, Mills College, Holy Names College and San Francisco Junior College. The procession included seniors bachelor robes, and black robed up- per classmen from St Marys, marching with altar boys, robed clergymen and sisters from the girls' chools. Hands folded in devotion. Arch bishop Mitty moved behind a gold cross with a red-garbed youth carrying his long crimson train. CHURCH CROWDED The church was packed with followers of St.

Mary's as the great bells pealed the call to mass. More than 1000 devout filled the pews as the mass started. A civic banquet tonight will close the celebration. Police Judge Joseph A. Kennedy, graduate of the class of 1898, will act as toastmaster at the affair, to be held at the Leamington Hotel.

Here Dr. Monroe E. Deutsch, vice-president and provost of the Univer sity pf California, will be the key. speaker. Vr Other speakers will Include Brother Albert, i nt of St Mary's, and Brother James, dean of St.

Mary's. WILL BROADCAST The addresses will be broadcast over a State-wide network. In connection with the celebration Mayor William J. McCracken of Oakland said: "It is most fitting that Charter Day should begin in Oak-land, its most recent home and center of activity for many years. Oakland always has considered St.

Mary's its' own and is proud to join in the celebration honoring the seventy-fifth anniversary of the founding of this college." St. Mary's was first founded in San Francisco in 1863. It received its; charter in 1872. In 1889 it moved to Oakland, where it remained for 39 years, It is now located on a 420-acre campus in the Moraga Valley. Court Writ Hcrlts Sab Of Cur-Rare Liquor A temporary restraining orders was issued teday by Superior Judge T.

W. Harris to prevent Sherwood Swan doing business, as the Tenth Street Market and as Louis' Cut Rate Liquor Store, from selling certain liquor products of the National Distillers Products Cor-, poratlon at currently advertised prices assertedly lower than the mihimums established by the distillers under the California Fair Trade Act. The order was issued after the distillery firm- filed a petition to-1 day. through the legal firm of Pills- bury, Madison ft Sutro for an injunction to prevent further sale or' offering for sale of their products at the assertedly "cut" prices. An order to show cause why a permanent injunction should not be issued was made Jami ary 27 for hearing.

Berkeley Team Wins Rifle Trophy BERKELEY, Jan. 20. The small fore rifle team representing Company of this city, -winner et, the annual 159th Infantry rifle team match fired Sunday hi Oakland Exposition today was presented with a plaque and rounds of ammunition for its Members of the winning team, whose headquarters are the Berkeley Armory, are: Sergeants Robert C. Percell, Frank 'J. Svihula an i James Lindsey, First Sergeant Harr-' Betts, and Privates John R.

Lawrence Van Goder. Companies and of Company San Jc-C: panies and of Fw I took part in the rrt, lars in debts, interest and taxes, and that in 1932 he owed $360,000 to a San Francisco bank, at which time he successfully obtained a reduction In his payments on the debt. OAKLAND STRIKE-BREAKER Jerome was employed in Oakland as a strike-breaker in the street railway strike of 1919, and was reputed to have been the only man who would operate the one streetcar that ran at the height of the "strike, in order to fulfill franchise provisions of the company. In 1926 Jerome was identified with activities connected with a carpenters' strike in San Francisco and at that time was said to have headed a group of guards employed by the Industrial Association. In this connection he once fated a Police Court charge of battery.

Missing Baby Found Asleep in Home ALAMEDA, Jan. 20. Mrs. C. V.

Robins, 1109 Santa Clara Avenue, distracted when she found her daughter, Dannalee, 2, missing from her crib, phoned police and lead a search of the neighborhood for the vhild. The search proved unavailing and finally patrolmen returned to he Robins' home. There they discovered the "missing" baby curler up on her mother's bed, close tc a hot water bag, and sound asleep. Dessert Iridge The Motr ers Club of University Chapter, Or ier of DeMolay will hole a dessert br. dge at the home of Mrs G.

M. Fisk. 1111 The Alameda, to morrow aft (rnoon at 1 o'clock. As listant host feses are; Mrs. F.

Klink aer and Mil. E. A. Flick. Reservi; may btmade at Ashberry 357r; MARTINEZ, Jan.

2C A first de-, gree conviction and by inference, the death penalty was sought by the State today as Manuel Pinho's second trial on charges of murdering Manuel Santos, neared the jury. At the conclusion of District Attorney Francis P. Healey's rebuttal argument this afternoon, Superior Judge A. F-JBray 'indicated he will submit the case to the jury Friday morning, after instructions which are expected to require an hour." Summarizing evidence produced during the six days of testimony, Deputy District Attorney Homer Patterson yesterday asked the jury for a first degree verdict. He declared the evidence pointed to a cold, deliberate murder for money.

"This man robbed the dead body of his best friend, and now he. wants to rob his best friend of his good name," Patterson said. "Your verdict may mean the loss of his liberty or life, but it may save the lives of others." Cremation Approved At Stare Home Attorney General U. S. Webb ruled today in answer to a query from Harry of the State Department, of Institutions, that' bodies in the cemetery at the Sonoma State Home might legally be disinterred and cremated.

The question came up when the institution planned to abandon the old cemetery and Utilize the land for other purposes. Webb added that relatives who had not previously claimed' the bodies might still if they chose, finance the removal of the bodies to private cemeteries if they were opposed to cremation. 'l--Zl E. Heinnch as a "dollar a min ute man," Collins declared the criml nologist's testimony for the prosecu. tion had cost $329 a day.

He said Heinrich failed to mention the exist ence the Santos' razor because it aided Pinho's theory of defense. Collins also assailed the prosecution for presenting gruesome pictures of the slain man. Pinho's use of aliases and his flight from the scene, Collins laid to the defendant's lack of confidence, as a foreigner, in American justice. James F. Hoey, who' defended Pjnho alone in his first trial, was concluding the deferfse arguments this morning.

S. F. Policeman Fires Wild Shots Policeman Charles. Russell, 47, of San Francisco, was in a detention hospital today, Deputy Police Chief William Bennett reported, after he had fired three bullets from his service pistol into the roof of a Market Street tavern. The shots narrowly missed Magnus Michael' son and another tavern patron.

After the shooting, fellow police officers Russell told his wife, Mrs. Irene Russell, that he was ready to go home. He left with but a short distance" from the tavern he was taken into CUS' tody, disarmed arjd lodged in a po nce station. MARY'S DIAMOND T7 i 1 RARE MASS HONORS ST. Mystery Stroke Pilot Collapses After" Descending From Hop, Complaining of Cold Stricken by mysterious malady that defied the efforts of physicians to diagnose, Earling Ericksen, ,22, of Santa Bay region aviator, is unconscious at the Alameda County Hospital.

While his mother, Mrs. Johanna Ericksen, and his sister, Mrs. Gunhilde Windhurst of 900 Garfield Street, San Francisco, anxiously awaited the youth's return to consciousness, physicians confessed that they were baffled to explain the nature of the malady which seized Ericksen yesterday, a short time after he had flown a plane at Oakland Airport. Captain William Fillmore, operating a flying service at the Oakland Airport, said that Ericksen, who holds a limited commerciailicense as a flier, took a plane up yesterday afternoon and flew for about 50 When he came down, jFiumore noticed that he looked pW; and remarked about it "It was dreadfully cold up there at 5000 feet," Ericksen replied. Fillmore also said that other men around the airport noticed Ericksen's condition, and some of them ob served what appeared to be a white foam or powder on his lips.

Asked about it, Ericksen replied, "Its nothing, I'm just cold, and walked away wiping his lips, Fill more said he was informed. "It was fortunate that the attack, whatever its nature, did not occur while Ericksen was flying," Fillmore said, "or he probably would have lost control of the plane and crashed into the bay, leaving another mystery of the air to be explained." After leaving the airport, Ericksen was seen next at the Posey Tube entrance where he approached deputy sheriff on duty and com plained of feeling ill. Before he could say more, he collapsed. Native Sons to Give Nlfor Child Aid. BERKELEY, Jan.

20. Native Sons and Daughters will dance at the Hotel Claremont here tomorrow night in order that homeless children may have homes. For proceeds' of the dance will be used to support activities of the Native Sons and Daughters' Homeless Childrens' Expenses total more than $30,000 a year, Louis J. Zimmerman, general chairman of the Alameda County Committee, said i The work was begun in 1910. Since then 5396 homes have been found for homeless children.

Since April of last year, 81 homes have been found. Applications to give children homes come in to the committee on the average of -six a day. The total number of applications on file is 12,724, Zimmerman said. MANY GIVEN HOMES Approximately 500 children have been placed in homes in Alameda County, records showed. The work of -the committee is non-sectarian and nativity plays no part in the acceptance of children for foster homes, Zimmerman explained.

Activities of. the committee are directed by a commission which is composed of officials, of the Native sons and. Daughters and various religious and welfare groups. Bureaus are maintained in Los Angeles and San Francisco. An opportunity to her provide homes for homeless children is offercdfhe general public.

through their participation in this affair." immerman said. Woman Wins Fingernail Suit The jury in San Francisco's "scarlet fingernail" suit reached a verdict today after three hours deliberation. But it remained a secret on the advice of the judge. It took no seer, however, to deduce that the jurors were going to find in favor of Mrs. Aalta Moore, 23.

who charges she was eiecled from the Mission-Polytechnic High School football gam" in 1936 because of her tinted fingernails. The defendant is James EI' Addi-cott, .68, principal of Polytechnic. When the iudge asked Foreman Arthur W. Kohner if the iury had reached a verdict He said. 'Yes." But he added that "some details" were not comdletS.

A verdict favoring Addicott would have beeri just that with' ho frills. Observers said ttte jury must be deliberating on the amount to give Mrs. Moore. She asks $10,000. 9 Flee Morning Fire in Vallejo VALLEJO, Jan.

20. Nine persons, 'ive of them children, narrowly death in a fire that swept through a two-story dwelling here early this morning. Eiremen carried O. A. Harvey, Navy Yard machinist's mate, his wife and two children, one of them a 10-months-old infant, to safety down a ladder from the second floor of the building, where they were trapped by the flames.

Two other families, asleep on the ground floor, fought their way out of the burning building without assistance. mdtay children that the Native will be held at the Claremont funds for the work, BABY JANE hjEEDS A HOME 11 A I VbcoO I 1 iff 1 This is Baby Jane, one of the Sons and Daughters' Homeless Children's committee finds A coram pontiiice mass, held-only on rare occasions, wai chanted, this morning In honor the 75th anniversary oi the founding of St Mary's College. Archbishop John I. Mitty, sitting en the gold-canopied throne CefU presided at the mass ai thousands of the devout pacte3tHe pews of St. Francia de Sales Church.

Robed dignitaries oi other colleges 'oi the Pacific Coast were present for the Tribune pHoto. homes for each year. A dance, Hotel tomorrow sight to raise.