Democrat and Chronicle from Rochester, New York • Page 1

TODAY'S SMILE r-COllTiUUED COOL i partly cloudy, probable shower Temperatures Yesterday Hfgh, 52 degrees; low, 49 degree Sun rises today at 6:07, sets at 8:09 Weather Map, Page 29 New York (1X8) Now who would steal a bull fiddle? In fact, who could steal a bull fiddle and get away with it? That what bull fiddle player Rudolph Littlejohn of Brooklyn would like to know. Someone stole his yesterday. H6TH YEAR This nawspspcr la served by Assoctatsd Press. United Press. In.

terns tlonsj News Service. Uannett News Service. Acme Telepbot ROCHESTER. THURSDAY, APRIL 29. 1948 34 Pages FIVE CENTS 3 RAIL STRIKE SET -MAY 11 BY 2 UNIONS British Dispatch To Smash Jaffa Forces Attack; Invasion Rumors Continue HOUSE VOTES FOR REPEAL 0F-0LE0 TAX Measure Sent to Mediation Board Calls Parley For Today 0 II lT VIA ffU V' til v- If I Senate by 260-106 1 1 8 1 nl YSS fx- xjx.r.

DINNER AVERY JURORS RETURN FROM Jurors in Avery case file back to the Court House to resume deliberation after going out 0 Avery Jurors Fail to Agree in 5 Hours By ROY ELLIOTT re than five hours of deliberation last night saw a County Court jury fail to agree on whether Charles T. Avery, 43, of 153 Lyndhurst is guilty or innocent of a second Acmt Ttlepkoto Joseph Untermeyer (left), 19; and-Isiab. Warshaw, 30, are shown at police headquarters in New York after their arrest, accused of preparing arms for shipment to Palestine. Palestine Arms Cache, 2 Zionists Seized in N. Y.

NeAv York (AP) Discovery of a cache of arms and am Tel Aviv Prepares For Possible Shelling Bf the Associated Press Jewish warriors hoisted tt blue and white Hebrew flag over an Arab mosque in the battered Manshieh quarter of Arab Jaffa last night and claimed capture of the entire frontier area. The permanency of their mile advance into Jaffa was challenged by the British, who sent planes and troops in what they said was an attempt to smash the Jewish Attack on Jaffa which began on Sunday. All-Jewish Tel Aviv which adjoins Jaffa on the North prepared for a possible shelling. Haganah, the regular Jewish" militia, joined Irgun Zval Leumi. an underground fighting force, in the assault on Jaffa.

Haganah had said previously the Irgun attack was unauthorized, but the two Jewish fighting forces agreed Tuesday night on joint action in the Tel Aviv-Jaffa area. Invasion Reports Continue Reports that Arab armies were massing for an invasion of Palestine continued to be heard, but there was no official word that the Holy Land's frontiers had been crossed. Associated Pness Correspondent Max Boyd went from Cairo to Jerusalem by car yesterday. He reported seeing at least one train of 25 or 30 ears loaded with guns and vehicles of the Egyptian Army en route to Palestine's Southern frontier. In Washington, Secretary of State Marshall said the United States had been assured by an Afab League spokesman that Arab armies were not invading Palestine at this time.

Marshall said he did not expect any invasion. King Abdullah of Trans-Jordan told a reporter in Amman that hia Arab Legion had occupied Jericho. Biblical town 20 miles northeast of Jerusalem, with "scout troops that always precede the Regular Army." Said Under British Orders The British had denied Jericho was occupied. An Associated Press correspondent who went to Jericho said the Legion commander there told him the troops were present under British orders to protect evacuation routes for British troops. The Arab Legion is financed and supplied by the British.

A ray of hope in the troubled situation appeared at Lake Sue-cess, where Jewish and Arab representatives agreed to a truce plan for the old walled section of Jerusalem. In Cairo the Arab-League secretariat said the Arabs had no objection to an armistice to protect all the Holy City's religious shrines. Again the march of events in relation to. Palestine overshadowed developments in Europe, but the latter held vast significance. British Prod Russians The British prodded the Russians in Berlin for information on when they will make good their promise to discuss restrictions on Western Allies' traffic into the German Capital.

The restrictions are seen as part of Soviet pressure to squeeze the Western powers out of the city. In London the Labor Party expelled John Platts-Mills in the upshot of a message wishing success to Pietro Nennl and his pro-Communist Socialists in the recent Italian election. The party has adopted a vigorous anti-Communist stand. munition marked for shipment charges of violation of the state illegal weapons law against two members of the Zionist Youth Movement. Chicago (AP) Two big rail unions representing the firemen and enginemeri and the switchmen called a nationwide strike yesterday for May 11.

But a third union the engineers' not join in the strike call. A strike by the two unions alone could paralyze the nation's railroad transportation system. However, the National Rail-. way Mediation Board intervened Immediately in an 11th hour- attempt to sidetrack the-strike. It called representatives of the railroads and unions involved to meet with Board members in Chicago today.

J. P. Shields, vicepresident of the Brotherhood of Locomotive Engineers, said his union has "not made up its mind if and when a strike date will be set" Wage Talks Broken Off All three operating unions broke off wage talks with representatives of the nation's railroads Tuesday night. At that time they announced formally that a strike call would be issued at 9:30 a. m.

Central Standard Time yesterday. The strike call was not made at that time. However, in Cleveland spokesman for the Brotherhood of Locomotive Firemen and En-ginemen announced the strike had been set for 6 a. m. May 11.

Except for the last 'minute peace effort of the mediation board, all other peace-promoting steps provided by the National Railway Labor Act have been exhausted. The 150,000 members of the three unions involved are bound by the Railway Labor Act, but not the Taft-Hartley Labor Law Congress enacted last year. Thus the cover merit could not nto court for an injunction as did in the recent soft coal strike. Independent Action Possible The strike announcement was signed by C. H.

Keenan, vicepres ident of the Firemen and Engine men, and C. E. McDaniels, vicepres ident of the Switchmen. They said all provisions of tiie Railway La bor Act had been complied with and authorized the employes they represent to "withdraw from the service in a legal strike, effective May 11, 1948." Shields said it was his under standing that each of the three operating unions could act inde pendently as it saw fit. The strike call raised the question of whether any trains could operate in event peace efforts collapse.

During a two-day nationwide strike two years ago of the engineers and Brotherhood of Railway Trainmen, some trains actually were operated with non-striking, supervisory personnel. Former engineers and trainmen promoted to executive jobs were lined up for the important runs. Compromise Settlement However, the strike ended be fore these arrangements were car ried out to any extent. The unions accepted a compromise settlement President Truman just as he was ready to have the Army take over the trains under his wartime seizure powers. The strike threat stemmed from demand by the unions for a 30 per cent pay hike with a minimum raise of $3 a day and changes in working rules.

The three unions turned down a recommendation of an emergency fact-finding board for a wage in crease of 154 cents an hour. SNEATH, HEADMASTER'- Washinsrton fAP) The House voted yesterday to re peal federal taxes on oleomargarine. Final vote on pas sage was 260 to 106. The measure now goes to the Senate. The oleo taxes net the govern ment about 6 million dollars a year.

Specifically, the measure would end these federal levies: 10 cents a oound on colored oleo: cent a pound on the uncolored product; $600 a year on manufacturers; J4S0 on wholesalers of colored oleo; $200 on wholesalers of uncolored oleo; $48 on retailers of colored oleo. and $6 on retailers of uncol red oleo. Shouts Down Kill Motion The House shouted down, just prior to final 'passage, a motion to kill the bilL Before that the House turned down, 129 to 72, a proposal to bar -flatly the sale of colored oleo. It also defeated, 126 to 116, an amendment that would have re duced the duty on Import of oleomargarine from 22 cents a pound to 7 cents. This would have made the duty for oleo the same as butter.

Bat even if the Senate and President Truman approve the bill, many a housewife still won't be able to buy her margarine already colored. Still State Laws It's against the law to sell col ored oleo in these states: California. Connecticut. Dela ware. Idaho.

Illinois, Iowa. Maine, Maryland, Michigan. Minnesota, Montana. New Hampshire, New York," Ohio. Oregon, Pennsylvania, South Dakota, Vermont, Washing ton, Wisconsin and Wyoming.

Some other states Impose special licenses or taxes on oleo. Amendment after amendment was brought up yesterday by Congressmen from dairy states, but each time they were beaten. Upstate Congressmen Split on Repeal Washington (GNS) Upstate New York Congressmen split eight in favor and five against House passage of the bill to repeal Federal taxes on oleomargarine. Supporting repeal were Republican Representative Jay Lefevre, New Paltx; R. Walter Riehlman, Tully; Edwin A.

Hall, Bingham-ton; Kenneth B. Keating, Rochester; James W. Wadsworth, Geneseo; Walter G. Andrews and Edward J. Eisaesser, both of Buffalo, and Democrat William T.

Byrne. Loudonville. Opposing repeal were Republicans Katharine St. George, Tuxedo Park; Clarence E. Kilburn, Malone; Had wen C.

Fuller, Parish; John Taber. Auburn, and W. Sterling Cole, Bath. Hospital Reports 3 Patients Hit by Spoiled Glucose Louisville, Officials at SS. Mary and Elizabeth Hospital tiere yesterday reported three patients victims of contaminated glucose from a California laboratory.

One of the patients died, but he was in a critical condition prior to the injection and death was not attributed to the glucose. The other two, also women, suffered a "reaction, 'the hospital authorities said. Shipments of the contaminated aolution have been traced through Kentucky. Alabama, Georgia and Florida. Earlier the Federal Food and Drug Administration issued nationwide warning that "serious illness' might result from injec tions of the solution.

Police Save Boy Wedged in Cave New York JF A 13-year-old boy spent three hours yesterday wedged between boulders at the bottom of a 20-foot Central Park cave before police rescued, him. The boy, Morris Deschesne, using a rope, lowered himself into the cavern late in the afternoon, police aid. After playmates discovered the youth was unable to get out, they called police. Members of a police emergency squad found Deschesne lying on his ide between two rocks, apparently unhurt. The lad was removed, and taken to a hospital for observation.

Hospital Releases Chaney as Recovered Los Angeles CP) Lon Chaney Jr, 43-year-old movie actor, was dismissed yesterday from a hospital as "fully recovered" from an overdose of sleeping pills. Chaney was removed from his North Hollywood home last Thursday night to the hospital and for three days was unconscious. At one time bis condition was reported to be "very serious." for dinner last Joseph Will Locked Up; lied about other things." Henry later backed up both Schied and Schultz, declaring that both were above suspicion. Cites Avery Questioning Assistant District Attorney Henry was eloquent and theatrical in his summation for the prosecution. He pointed out that Avery, on ques tionlng at Police Headquarters at the time of his arrest on Feb.

6, ac cording to the transcript introduced at the trial, had first testified that he paid money to politicians, later declared that he had kept the money for himself. Then in the court trial, Henry said, Avery de clared that he had paid $675 to Captain Pohl. In one of the strongest state mente heard in County Court in years, Henry declared: "I here and now denounce their defense as the most despicable, low- down, most incomprehensible de fense I have ever experienced. The defendant, Avery, points his finger at an innocent man. The charges are not against just Captain Pohl, but a great many more men have been drawn into this thing.

Defends Police Force Later Henry observed: "Avery had a handful of mud which he has slung with abandon in hopes that some of it would stick to somebody. But he had to be careful that some of the mud didn't stick to his own hands and that is something the defendant has not done." By his defense, Henry declared, Avery had "risked destroying the morale of the Police Department in order to pull his own neck out of a nooee. Troops Revealed In Atomic Tests Seattle JPi Gen. Mark Clark said yesterday ground troops from Fort Lewis took part in recent atomic testa on Eniwetok. The Sixth Army commander made the statement in a speech before the Seattle Rotary Club, in which he declared Pacific North- weat defenses have been weakened the shipment of Fort Lewis-based Second Infantry Division i troops to Alaska, the Richland atomic project, Eniwetok and a fourth place he did not name.

General Clark said he had asked the Army Department in Washington to strengthen what he called the "inadequate" defences of Alaska and the Pacific North west. Wallace Target Of Eggs in Iowa iowa uity, la. up) Two eggs were thrown in the direction of Henry A. Wallace yesterday as the third party presidential candidate began a tour of his home state. Neither egg hit Wallace but both hit other persons.

At the time Wallace gave no signs of noticing the incident but later he told newsmen he saw one egg hit a girl. He did not comment on the incident. The eggs were thrown from the fringe of the crowd as Wallace left the platform and paused to admire some babies held by their mothers. Radio Tower Falls, Killing Steel Worker Fort Bragg, Calif. (JPI A newly erected, 410-foot radio tower col- lepsed when a guy wire gave way, tossing a construction work er- more than 200 feet to his The victim "was Thomas Fahey.

Portland, steel worker. He was making a last-minute check of the tower when the huge structure gave way. Kryptar Panchromatic Film makes better pictures inside or out. Ask for Kryptar made in Rochester. Advertisement evening.

Court Attendant is shown in foreground. STASSEN GAINS PENNSYLVANIA PRIMARY LEAD Philadelphia iJFi Presidential Candidate Harold E. Stassen rode a two-to-one fnnadeipnia lead to an approximate victory yesterday in industrial Pennsylvania's Republican preferential pri mary. The prefernetial balloting actually Is only a popularity contest. A blank space for presidential on the Republican ballot allows a ftampling -of Hentlmeht on the party's top candidates.

But the 73-member convention delegation also elected yesterday will be unpledged. -ine lormer txovernorjg fresh from delegate successes in agricultural Wisconsin and Ne braska, said at Trenton, N. the Pennsylvania result may turn out to be a key event in the nomina tion." But at Albany, N. Gov. Thomas E.

Dewey, Stassen'a only close competitor in the exclusively write-in balloting, said the "spon taneous vote he received was "particularly gratifying." And Gov. James H. Duff who has not disclosed his support of any candidate said the Dewey total "had the most significance." Vandenberg was sixth behind Stassen, Dewey, Senator Edward Martin, Gen. Douglas MacArthur and Senator Robert A. Taft.

He was ahead of Gen. wight D. Elsenhower and Henry Wallace. With 7,339 of the state's 8,262 precincts reported, and no pros pect of substantial change until the official count is available, the totals were: Stassen 74,28, Dewey 69,426, Martin 41,318, MacArthur 17,181, Taft 14,072, Vandenberg 7.944, Eisenhower 4,350, Wallace 1,263. Democratic voters in ,985 pre cincts cast 242,264 votes for Presi dent Truman.

His name was the only one on the ballot. Eisen hower got 5,647 Democratic write-in votes and Wallace 3,614. Truman Brother Gets FHA Director Post Washington (UP) President Truman's brother, J. Vivian Tru man, has been promoted to district director of the Federal Housing Administration at Kansas City, Mo. FHA said he will succeed David H.

Powell, who resigned recently to take a job with the Reconstruction Finance Corporation. -'H. ROCHESTER Selhurst School? London (JP The Weekly News Review said yesterday two imaginative Cambridge students set up a mythical school on paper last February and almost got "Britain's King and Queen to attend its "300th anniversary celebration." "Selhurst School, near Pet-worth, Sussex," was born and thrived on $1.60 worth of letterheads, News Review said. The brains behind it were two undergraduates of Pembroke College, Cambridge, and its mythical headmaster was one Rochester Sneath." It claimed a student body of 375 boys. Headmasters of some of Britain's best schools were taken in by the.

hoax, the weekly said, giving this account: Last February Headm aster Sneath sprayed headmasters of colleges throughout England with letters. He asked them to back him for membership in the Headmasters Conference, to address his student body, and to help persuade the King and Queen to' attend the 30th anniversary of Sel-hurst's founding. Some of them, News Review said, were completely unaware that "Selhurst School, near Pet-worth, Sussex" was strictly a gag. a it of a degree grand larceny charge Rhortlv after 11 o'clock last night the jury of eight women and four men was escorted from the Courthouse to Powers HcX2l, where they were locked up for the remainder of the night. They will resume deliberations this morning.

Averv has been on trial before County Judge Charles B. Brasser and the Jury since last weanesaay on an indictment which charged htm with taking $300 from J. Stewart Glasgow, proprietor of the Tremont Diner, on the pretense that it was to be used for protec tion for slot machine operations, but with actually having kept the money for his own use. Yesterday's court eession was taken ud by summations of oppos- inr attornevs. Assistant JJisinci.

Attorney Clarence J. Henry and Defense Attorney Ray F. Fowler, and by the charge of Judge uraeser. Fowler used 1 hours tor nis summary. in prooauiy of the most impassioned aaaresses heard in County Court in years, spoke for 2 hours and 22 minutes.

In his summation. Attorney Fowler attacked Capt. William J. Pohl, who Avery had testified accented a total of $675 from him in bribes for slot machine protection. He asked why Pohl did nothing about following up Investigation of a call made on him Dy oiasgow earlv in January of tbis year, at which time Glasgow eaid he learned from' Pohl that Pohl had received neither a case of whisky nor an "envelope which ulasgow saia Avery told him he had delivered for protection for tne siot.

ma chines. As to Avery's testimony tnai Glasgow had told hitn he had Sgt. Clarence Scheid on his payroll as a "tip-off man" who paid part of the money to Patrolman Edwin R. Schultz, Fowler declared: "Of course they denied it. If they lied about not knowing the machines were in the restaurant, they -On fhe Inside- Bishop Urges Union of All Protestants CHURCH UNION Methodist Bishop G.

Bromley Oxnam calls for a i union of all Protestant churches in opening General Con ference of church in Page 6. SULLIVAN QUITS Gael Sullivan, executive director of the Democratic National Committee resigns. Pzge 3. LOCAL MILK PRICES: Price cut to milk producers due Saturday; usual 1 cent reduction to consumers in doubU Page 17. CHOIR ACCLAIMED: Inter-High Choir scores in Washington appearances.

Page 17. SPORTS ANOTHER TOUGH ONE: Jersey City ral- dies to spill Rfd Wings, 5-4, as Our Side drops third straight decision. Page 24. HOW EXPERTS IT: Saturday's Kentucky Derby still looks like a match race between Citation and Coaltowh. Page 25.

As of Today Bridge Column 13 Comics 22 Crossword Puzzle 28 Deaths 29 Editorials 14 Financial 28 Gardens 11 Patri 16 Radio 20 Society 23 Theaters 12,13 Wiggam 13 -to Palestine led yesterday to Marshall Picks Special Aide For Palestine Washington CP) Secretary of State Marshall yesterday made former Assistant Secretary John IT. Hilldring, a special assistant to the Secretary of State in charge of Palestine affairs. Hilldring, whose home is in Phoenix is at present in San Francisco, Calif. A retired Army major general, he was in charge of the civil affairs division of the War Department from 1943 to 1946. He resigned a assistant secretary state for occu- JOHN H.

Pied 'areas HILLDRhVG (mainly Germany and Japan) in August, last year, for financial reasons. Yesterday's State Department announcement did not disclose what his pay as a special assistant to Secretary Marshall will be. The State Department announcement mentioned that in September, 1947, Hilldring was appointed an alternate representative on the U. S. delegation to the United Nations General Assembly "in which capacity he was a principal spokesman for this government on matters pertaining to the Palestine question." Department officials said Hilldring would make his.

headquarters at the State Department and would be the department's top official on Palestine matters. In this capacity he will take over some of the work of three men Undersecretary of State Lovett, Loy Henderson, director of Middle Eastern affairs, and Dean Rusk, chief of the department's division of United Nations affairs. O'DWYER ASKS STRIKE END New York JT Mayor William O'Dwyer last night asked members of the AFL -United. Financial Workers Union to end their 31-day strike against the New York Stock Exchange. Baseball Scores INTERNATIONAL LEAGUE Jersey City 5, Rochester 4.

Montreal at Baltimore, night postponed. Toronto at Newark, rain. Buffalo at Syracuse, cold. NATIONAL LEAGUE Boston 7, Philadelphia 0. Cincinnati 8, Chicago 1.

New York at Brooklyn, cold. St. Louis at Pittsburgh, cold. AMERCAN LEAGUE Detroit 9, St. Louis 4.

Boston at Philadelphia, rain. Washington at New York. cold. Cleveland at Chicago, cold. Lost Smoker's breath.

Sen Sen UL COI 11 II I.OIH IIJ 11 Lull 1 i.yi, I it away. Advertisement. 1 One of the men is Joseph Untermeyer, 19. adopted son of the poet, Louis Untermeyer. The other is Isiah Warshaw, 30, a veteran of four years military service in the; Pacific Theater.

The cache of 100 rifles, 100 revolvers, hand, grenades, knives, bayonets and ammunition was found Tuesday night in a raid on a Manhattan building. FBI agents aided police in the search of the building. Police said young Untermeyer and Warshaw were arrested during the raid while packing food and clothing parcels marked for the all- Jewish city of Tel Palestine Some of the arms were found concealed in these parcels, police said. Both men denied knowing anything about them. The raid was conducted after six rifles had been discovered earlier in a freight elevator in the building.

The two men were paroled in custody of their attorneys by Magistrate Per M. Horn after they had been charged with violation of the Sullivan (illegal weapons) Law. Paul O'Dwyer, brother of Mayor William O'Dwyer, represented Untermeyer in Magistrate's Court. The Sullivan Law was enacted "to prevent gangsterism," O'Dwyer said, adding: "But1 these guns were to be sent to Palestine to protect people in their homes. "It is a shame and a travesty for us to use the Sullivan Law against these defendants.

It is a sad commentary that we have an arms embargo. The two defendants were only doing what every freedom-loving person should be doing." Mrs. Esther Antin Untermeyer, young Untermeyer's foster mother, went to the police station where the men were questioned and de clared, "I don't believe the boy has committed a crime." and Queen could visit the school on Mar. 12 if that date would be convenient. I simply made arrangements for the day when I knew" that "the King and Queen would come." date set by Sneath was June 19 and 20.

So the Palace was not involved any deeper. Sneath met his match in George Bernard Shaw, the News Review said, Mar. 16 the impudent headmaster "reminded" Shaw of the "long-standing connections between your late wife's family and Selhurst School" "and asked him to. address, the boys on the text "A Clarion Call to Youth." Shaw's reply: "Never heard of any such connection. Too old (91) anyhow." News Review said it stumbled on the hoax while trying to interview Sneath on a letter he wrote to the Communist Daily Worker, complaining about how difficult it was to teach his boys Russian.

The headmaster's address turned out to be the home of an undergraduate of Clare College who was in league with the two pranksters. Pembroke College, News Review said, has not yet decided, whether to discipline the pair. Gag Even Involves King, Queen TWEV CAWN'T SELL me on SCHOOLS I STUDENT FOUND DEAD Chicago (INS) Arnold F. Baehr, a pre-medical student at the University of Chicago, wa found dead in his room yesterday. A note found near his body indi cated the youth had taken poison.

Baehr came to the University of Chicago after completing his work at Flint (Mich.) Junior College. Ye-e-eh, Man! It's Watch for her first appearance in Rochester soon! The magazine said Sneath asked one headmaster to arrange for the King and Queen to attend the "tri-centenary celebrations" of Selhurst. A misunderstanding arose over the date, and the real headmaster closed the exchange with this indignant letter: "I merely received a communication from the King's private secretary saying that the King i.