St. Louis Post-Dispatch from St. Louis, Missouri • Page 3

POST-DISPATCH. PAGE 3 FEBRUARY 23. 1934. ST.inms POST-DISPATCH 25 YEAR STEELV1LLE BANKER URY IMPANELED GRAND SAW DR KENNEDY Touhy Gangsters After Hearing Verdict RUTHENIANS WIN COURT ACTION TO KEEP CHURCH NAME ERM GETS 4-YEAR I ON KELLEY KIDNAPING HE IN BERG DRUNK MURDER Ukrainian Greek Catholics, However, Still Hope to Change It. WING UPHELD 'Outraged Society Appeals to WITNESS SAYS W.

F. Arnett, Cashier of Closed Depository, Found Guilty of Forgery. the Law," Judge Says in His Charge. Echoes of old world traditions Supreme ourt rasses on Physician Testifies Surgeon The January term grand jury in dimly remembered were heard in Circuit Judge Calhoun's court today when Ruthenians and TJkrani- St. Louis County, which will inves First of Appeals From Convictions in Abduction of Fur Dealer, May Have Taken Drug 'to Steady Himself Because of Special to the Peat-Dispatch.

STEELVTLLE. Feb. 23. W. F.

Arnett, for many years cashier of the Crawford County Farmers' Bank, now closed, was found guilty of third degree for- gery by a jury in Circuit Court her tigate the kidnaping of Dr. I. J. KeUey in April, 1931, wls impaneled in Circuit Judge Nolte's court at Clayton today. ans, members of St.

Mary's Assumption Ruthenian Greek Catholic Church went to court, some "-J f' iw 09(1 0 mi By the Associated Press. Judge Nolte, who instructed the to favor, some to oppose, a change in the name of the church. llNDS EVIDENCE GREENWOOD, Feb. 23. jury on crime in general and informed the members the county is The Rev.

Joseph Haniak, pastor, Dr. John Martin of Pope, today told the jury trying Dr. Sarah IS SUFFICIENT and several officers of the church, had signed a petition for authority short of funds, mentioned no specific law violation. Of criminals, he said: to substitute Ukranian for Ruthenian. The change was opposed.

"Secure in the belief that they Man Who Pointed Out Vic Ruth Dean for the alleged highball poison murder of Dr. John Preston Kennedy, Greenwood surgeon, that Dr. Kennedy "did not graduate from the Memphis medical school we attended together he received a mail order diploma from an Illi said Father Haniak, only by those older members of the church whose are above the law, they commit every crime known to the law, in tim Faces Life Term for forbears lived in the Carpathian yesterday. Judge Will H. Green sentenced him to lour years in the penitentiary.

The cashier was accused of having falsified a depositor's account by showing credits from collections which it was learned had not been made. Following the closing of the bank about a year ago, with $317,000 owing to depositors, auditors reported many irregularities and Arnett signed a statement that he had removed from the bank's assets $67,721 of "worthless" notes and substituted In place of them good notes which were the prop Mountains, now Ruthenia, a prov ince of Czecho-Slovakia. nois institution." cluding murder, kidnaping, robbery, rape, arson, gambling, bribery, extortion, intimidation and what-not. Outraged society appeals to the law." Murder Because of Parole Revocation. Ukranian, he said, would be more Dr.

Martin, brought forward by descriptive of the present mem the defense to give data on the per sonal habits of Dr. Kennedy, was bers of the church, descendants of those who tilled the steppes of On the subject of county fi not permitted, to testify about whata is now one of the Soviet re the Jefferson City Correspond- drinking at school," on the ground nances, Judge Nolte said: "It has been reported to this Court that due to its financial condition, St. publics, across the mountains to that the time was "too remote," but the east of Ruthenia. ent or uie rusi-uupuicn. JEFFERSON CITY, Feb.

23. said he had seen Dr. Kennedy erty of customers of the bank, but in his custody. The change was approved at the Louis County can ill afford a grand jury at this time. The supremacy drunk in recent years." He assert rhe Missouri Supreme Court today annual meeting of the church, Dec.

Arnett had been connected with ed that on one occasion he 31, but the objectors cited the by of law and order and the preservation of our constitutional guar Lffirmed the conviction and 25-year pected Kennedy had taken a narcotic to steady himself because of Lrison sentence of George Peak, laws to show that the meeting was held three hours earlier than it Associated Press Photo. antees of life, liberty and property are the paramount functions the bank since 1900 and had been cashier for 27 years. He was a leader in church and civic affairs and had the confidence of the people. He asserted he had not prof AFTER-MIDNIGHT scene in Chicago courtroom. GUS SCHAEFER, one of the kidnapers (left, the liquor." x-convict of St.

Louis, for partici- should have been, and that con Throughout the trial, the defense front row) is manacled to a bailiff. Lfircctly behind him, with hand to face, is ROGER TOUHY, sent of the bishop, who lives in ation in the kidnaping of the late and behind Touhy, ALBERT KATOR. of civilized government. Absent the security of our citizens, government fails. has attempted to show Dr.

Kennedy was "a drinking man," frequently Philadelphia, was needed and had Alexander Berg, wealthy fur dealer not been obtained. ilL "You will render a valuable ser ited from any of the irregularities and that what he had done had been for the purpose of trying to save the bank from failure. AUGUST A. BUSCH die before receiving distribution of Judge Calhoun upheld their con st Louis, in November, 1931. -Peak was convicted as the man "More than a minute quantity of his personal estate from the execu tention and refused to approve the change.

Father Haniak accepted tors. Because of her survival, and mercury would have been found in a post-mortem analysis if Kennedy Lho pointed out Berg as a victim Up to a short time before its vice to your county if you can determine why, if true, the finances of this great county are in such shape that the necessary functions of government cannot be carried on DECISION IN CONTEST OF W. R. PYE WILL LEAVES ESTATE TO HIS WIDOW Continued From Page One. in the event of her further survival tne decision philosophically, re had had enough to cause death.

marking that his heart was with until distribution is made, these said Dr. Martin, answering State closing' the bank paid quarterly dividends of 10 per cent to its stockholders, and auditors said false statements of earnings had provisions are of no legal force, but all his people, Ruthenian and Ukranian. His attorney said, how testimony that "a trace of mer without embarrassment to the coun it his associates in a kidnaping -iot which produced no ransom ayment, but resulted in prison entences for five of the six men harged with -Jhe crime. they are for her guidance, if she cury" was disclosed by an autopsy, ever, another meeting would be chooses to follow them, in distribut "The complete walnut bedroom set now located in the hunting lodge at St. Peter's in the room Dr.

Martin also attacked the ty's financial structure. Under the circumstances I need not suggest to you that you consider the ele been used to make a showing of profits from which to pay the held to make the change in com ing surplus income over $60,000 method of procedure in the Ken pliance with the by-laws. The year, and in drafting her own will. always occupied by my mother, nedy autopsy, adding: church is at 1120 Dolman street. The division proposed in this part by convicted members of the State Supreme Court Overrules Contention Nieces Had Only Life Interest.

"An autopsy In the usual sense Lilly Busch; this bedroom set was given to me by my mother many roup to be passed upon by the Su- DETECTIVE MAGAZINE PHOTO would have been most valuable in eme Court. The sixth defendant, years ago. of the will was to be an equal one between the five direct heirs, with the descendants of each son or daughter inheriting the share of determining the cause of 2000 STRIKE AT RACINE, CHARGE NRA CODE VIOLATIONS Paul A. Richards, former attorney To Alice Busch Hager, daughter LEADS TO ARREST IN KILLING St. Louis, was acquitted of crim- "The following vehicles from my ments of time and expense while conducting your deliberations." Judge Nolte appointed Harry M.

Orwig, 7531 Kingsbury avenue. University City, as foreman of the grand jury. Orwig is vice-president of the Lucks-Orwig 4652 Maryland avenue. The jury held an organization meeting at noon and adjourned until next Tuesday. that heir in case of death.

He said a description of Dr. Kennedy's fatal illness and its symptoms did not indicate mercurial poisoning as contended by the al charges in connection with the Officers at Fort Worth, Seize Workers at Five Plants Demand Special provision was made, how rduction, but was Gisbarred from personal stable at Grant's Farm, my vigilance coach, one sailor wagon, one spider phaeton, one wicker cart with driver's seat in Man for Slaying at Sara- toga Springs, N. Y. ever, for Mrs. Marie Busch Jones State and concurred in the opinion By the Jefferson City Correspondent of the Post-Dispatch.

JEFFERSON CITY, Feb. 23. Provisions of the will of William R. Pye of St. Louis, who died in 1889, conveying in trust property that later attained a value of more than $2,500,000 to two nieces, Mrs.

Louisa H. Chapman of Detroit and Higher Wages and Recognition of Their Organizations. By the Associated Press. wife of C. Drummond Jones, her By the Associated Press.

of a defense alienist by saying h. share being placed in trust. FORT WORTH, Feb. 23. practice of law by the Supreme surt last October, for acting as for the kidnapers.

Must Serve Life Sentence. Peak actually is confronted with did not believe "Kennedy could the rear, one large sleigh, and one small sleigh for her son." As to Mrs. Jones, it was provided RACINE, Feb. 23. A strike have given a rational statement" Benjamin Dominick, known as "Cock-Eyed Bennie," wanted in "All the rest, residue and remain of more than 2000 industrial work that she should receive from the trustees the income of her share at the time he was quoted as mak ing a dying declaration charging ers today virtually tied up all oper der of my estate, of every kind and wherever situated," the will says, imprisonment as a result of the late Mrs.

Fannie H. Higbee of BANKRUPTCY ACTION FILED AGAINST OIL HEATING FIRM of the estate, and part of the prin St. Louis, were construed and sus lj conviction in the Berg case. ations in five pants. The strikers cipal if they deemed it necessary Saratoga Springs, N.

for second-degree murder, was arrested her yesterday and said he would be glad to return to face the charge. He said he was innocent. Dr. Dean with poisoning him. In response to a question, he said whether in possession, right of tained today by Division No.

2 of seek wage increases and recogni also that "if and when my said "The use of whisky and recurring J-uit Court, Park last Au-1 the Missouri Supreme Court. tion of their organizations, charg daughter's present married status Alleged Creditors Ask for Appoint attacks of malaria could produce The decision overruled a conten revoked Peake's parole from a ing violations of the NRA code. "The shall be ended otherwise than by City Detectives Reams and For- possession or expectancy, and including therein any and all property beneficially held for and not yet received by me as a part of my share of the estate of my late kidney trouble and subsequently evious life sentence for murder plants are two of the J. I. Case Co ment of Receiver to Prevent Assets From Deteriorating.

nier noticed a group of pictures in tion of six distant heirs, who had intervened in a suit by the trustee lead into nephritis." her death, the trustees shall have power, in their discretion, to make rt Charles V. Madison, Negro sa- a detective story magazine Wednes the Eisendrath tannery, the Nash plant and the factory of the Oster An involuntary petition in bank to terminate the trust, that the will partial or complete distribution to The defense has attempted to show Dr. Kennedy suffered from father, I give, devise and bequeath on proprietor in St. Louis. Peak ris paroled by Gov.

Baker in De- ruptcy was filed in Federal Court conveyed only a life estate in the Clipper Co. her of the principal and accumulat to my wife, Alice Busch, provided malaria, and one of its physician- day. Yesterday they met Dominick in a hotel lobby and arrested him as the man they had seen in one of the pictures. Dominick, it is al ssiber, 1928, after serving about ed income of the trust estate. today against the International Oil Heating 3800 Park avenue, witnesses, who was called in to see property to Mrs.

Chapman and Mrs. Higbee, and not an absolute fee. The intervenors contended Provisions for Husbands. years in prison. Of the other defendants in the By the Associated Press.

TOLEDO, Feb. 23. Demanding an increase in wages -and she survives me and provided as to items of personal property that she shall during her life have received distribution thereof from the by three alleged creditors. leged, beat to death James Kec Dr. Kennedy during his illness, said he thought the surgeon had "acute As to the two other daughters.

that they were the only remaining hane, a farm hand, 17 months ago. The petitioners are Isolantite, which alleges a debt of $134; Mrs. Louis A. Hager Jr. and Mrs nephritis." heirs and as such were entitled Percy Orthwein, it was provided Attorneys put Dr.

O. A. Smith, yrg case, appeals were taken Ey Varies Heuer, ex-convict and lead-r in the kidnaping, who is under 99-year sentence, and Edward to the rest of the trust estate. that on the death of either, with Elmer Johnston, holder of a judgment for $903, and William Wend-land, who states he advanced $750 Suggestion to Widow. "Believing that she will find the When the proceeding was insti the husband surviving, the husband tuted in 1927, the assets remaining stand yesterday and propounding a long hypothetical question which included a repetition of the State's description of the 10-day illness sum of $60,000 annually adequate to an agent of the company.

With should receive $50,000. In the case of Mrs. Jones, it was provided that in the trust estate totaled slightly to provide for her maintenance, more than $500,000. the Maryland Casualty which alleges premiums due of $334, the support and comfort in the manner which preceded Dr. Kennedy's death lhe supreme court affirmed a on her death her entire share should go to her surviving child or children, with no provision for her husband.

ruling of St. Louis Circuit Court creditors ask for the appointment of a receiver to prevent assets of Barcume, ex-convict, who received i 25-year sentence The other two were Curtis Med-Dck, who pleaded guilty and revived a 25-year sentence, and fharles Tucker, who pleaded guilty, Reived a five-year sentence, and 'is paroled. Counsel for Peak, on appeal, ispd their plea chiefly on an ar- tnat tne intervenors had no in in which she has been accustomed to live, I recommend to her that she distribute from time to time to our children, or the descendants of those children who may die prior recognition of their union, 3000 workers of four automotive parts plants were on strike here today. At the Spicer Manufacturing Co. 2000 left their benches.

Then followed 440 workers from the plant of the Bingham Stamping 330 from the Logan Gear Co. and 250 from the Electric Auto Lite Co. The workers are demanding a minimum wage of 65 to 70 cents an hour as compared to 40 to 46 cents per hour which they have been receiving, and the right to have their own rather than a company union; to receive their pay each Saturday instead of every other Saturday, and other minor changes in working conditions. the company from deteriorating. terest in the trust estate.

Provision was made for the sur The intervenors were Mrs. Joseph In the application, it is pointed out that the company manufactures oil burners, heating equipment and Pulitzer, Mrs. Ethel Allen, Mrs, Laura Whittemore and Mrs. Dor to her death, such portion of the net income as shall exceed viving widow of either son who should die, the widow to receive $50,000 if she "shall not have had a child or children born alive," and with more detailed provisions for Neon advertising signs, maintain othy Bennett, all daughters of Mrs. last August.

Defense Counsel J. J. Breland then asked the witness if Dr. Kennedy could have made a "rational dying declaration" under the circumstances described. "It is my opinion," said Dr.

Smith, "that this patient was not in a condition mentally to give a clear, concise and definite statement. His condition would not permit it. I doubt if the statement would be reliable." The judge held that "the mouse story" could be heard by the jury. pnent that there was no compe- said sum of $60,000. I also recom ing a service unit for products it rents.

Without the appointment EjiizaDetn wno also was a mend that in disposing of the prin niece of Pye, and Edward N. Beall of a receiver, the equipment the cipal of said property she pay due regard to the provisions which I and Benjamin L. Beall, nephews of r.t evidence to connect Peak with kidnaping, and that the State not make a submissible case for jury. Commissioner John T. Fitzsim- company rents would fall into dis Pye.

repair, the petition points out. make in this will for my children Judge E. M. Tipton, who wrote and their descendants in the event fsons, who wrote the opinion in my said wife should not survive me "Having full confidence, however, in the fairness and judgment of my the opinion, held ye conveyed an absolute title to the property and not just a life use, to Mrs. Chapman and Mrs.

Higbee, and that his will covered disposition of all of the division No. 2 of the Court, held sere was sufficient evidence to istain the charge that Peak was party to the kidnaping conspi- said wife, and realizing that changes in conditions which may LOUIS R0DENBERC rody's service station 5956 SDelmaA i8lvd.St.IouU. vsy, and to sustain the conviction. property in the estate. ensue after my death may render The will was construed previous A STRIKING CLOSE-OUT for Saturday 1 Just 162 Men's opinion was concurred in by three Judges of Division No.

2. Objections and technical points ly in 1917, in St. Louis Circuit Court, in connection with one be the retention of more than $60,000 of the income desirable and may render other dispositions of said principal and income more wise, I expressly declare my intent that nerals or monuments, and therefore hope and request that my family will avoid all possible extravagance and elaborateness, and that my funeral services and burial will be conducted with the utmost simplicity." The witnesses signing the will are Rudolph A. Huber, a vice-president of Anheuser-Busch, Anton Feichtinger, chauffeur for the Busch family, and Harry W. Kroe-ger, a lawyer in the office of Nagel, Kirbv.

Orrick Shepley. Feich hised on behalf of Peak in the quest to the Bethesda Corporation, "ial were scored by the Commis- and the disposition of some stock "Don't Wait for a Freoze-Up lo Try Dixcol" Says Lou Rodenberg "I'll do anything within reason to dividends, but Judge Tipton said it widows and children, if both should survive. At the time the will was made, August Busch Jr. was a widower. His second marriage took place last September.

Adolphus Busch III was married to his present wife in 1930, and one child has been born of this marriage. Adolphus has one child, and August two, by their first marriages. At the end of the provisions for distribution among the children, which, as stated, will be legally void when Mrs. Busch -receives her inheritance, this statement is made: "It has been my intent in making gifts of homes, money or other property to my children, to treat them with substantial equality during my life, and in accord with this intent, I declare that all money and other property of every kind that I have heretofore given them, and all that I may give to any of them before my death, have been and will be gifts, not advancements, no matter what my books of account may show." The last paragraph of the will says: "I do not believe in elaborate fu- my said recommendations to my noner. "Appellant's trial attorneys aade few, if any, objections that (ither Tvere timely or well taken," was necessary to construe it again wife, as to disposition of said in to pass on the questions raised by come and principal, are not to be re said.

the intervening heirs. construed as imposing any limita SU Benjamin H. Chapman the Ransom Not Paid. Bcr? was kidnaned on Nov. 6.

tion upon her title, or any trust or other obligation upon her, or as surviving trustee of the trust creat fn, by three men, later identified get a car owner into this station, because I know from years of selling Dixcel here on Delmar creating any rights in my said chil ed by the will, filed suit in 1927 to obtain court approval of his ac dren or their descendants, but on ps Heuer, Barcume and Medlock, he was ririinp' frnm Triis rtown- counting, his discharge as trustee values to $40 sensationally reduced for Saturday to office to his home in the and termination of the trust. Such the contrary, it is my intent that my wife's title to all said property given, devised and bequeathed to her, and the income thereof, shall prk Plaza Hotel. He was released a decree was entered by the Cir tinger was in Mr. Busch's bedroom when the brewer, despairing of relief from his acute pain, shot himself 10 days ago. Probate Judge Hughes today appointed, to assist the executors in making an inventory of the estate, Henry Heimbacher, an Anheuser-Busch employe; Frank H.

Fisse, lawyer, and Miles Hinton of the St. Louis Union Trust Co. night of Nnv 10. A ransom of cuit Court but was set aside on yJaO.OOO, which was to have been motion of the intervenors. The Cir be absolute in both law and equity.

Provisions Now Voided. cuit Court later dismissed the in tervening petition. -a- -i Ukjf tt liu 'eared in the negotiations as an at- Nearly all the remainder of the orney through a note the kidnap During the life of the trust ap document as filed 134 of the 17 75 ers forced Berg to write to his proximately $2,000,000 was received by Mrs. Chapman and Mrs Higbee from sale of stocks in the trust yundi aitorney. was not paid.

typewritten pages is devoted to the provisions for distribution among the five children, and their TSTTT mea ivov. 27, 1932. Commissioner Fitzsimmons re OHflD I descendants, of the estate, in case estate, chiefly stock of the Burroughs Adding Machine Co. Mrs. newed the evidence, including tes- Mrs.

Busch should not survive her Higbee died in 1927. husband, or surviving him, should Mill against Peak by Medlock deeming Peak's selection of Bere ADVERTISEMENT that once they try Dixcel. tney always use it. "Here's a good example of what I mean. During a recent cold spell I received calls from four motorists here in the neighborhood to come get their cars, they were having carburetor trouble.

In each case I fixed them up and started them out with their first tankful of Dixcel Gas. Every one of these four have been buy-, ing Dixcel ever since. So I say, don't wait to be towed into a Dixcel Gasoline Station before you try this gasoline get a tankful today. You'll get everything a good gasoline can give plus scientific lubrication. Too, Dixcel contains Tctraethyl Lead, the anti-knock fluid, yet is not sold at a premium.

"If you're near me drive into my station if not. and you don't know the location of a Dixcel Station near you, just call Milton Oil STerling 2211." Hear th Dixcel Newt Parade Every Sunday, P. M. KMOX FROM INDEPENDENT a victim, and the original plan oturdaY Nifcnt i-eaic to collect the ransom and receive a fourth of it. One other 'ness Corroborate, nsrt nf this "Tn rnr nnininn thri DON'T MISS THIS OPPORTUNITY TO BE ENTERTAINED BY THESE HOLLYWOOD STARS IN PERSON! MARY CARLISLE fas ample evidence to sustain the 10.30 "plan to Hog ana the r-n iccinnnr coir? "Appellant, in his.

brief, concedes More than 50 of the suits in this group have 2'trousers all of them are high quality suits made to sell for $35 and $40 and there's not one undesirable suit in the entire iot. But we're closing out all broken lots regardless of present worth we're pricing them so ridiculously low that we expect a complete sellout in one day. Come in early if you like outstanding bargains! Rt Heuer, Barcume and Medlock vieied into a conspiracy to kidnap, jwuci. jo." Commissioner Fitzsim Enjoy the ti Attraction sam. "He concedes that er became one of the conspir- w-hen be wns hired as a AT 1 0 on Sunday, Nov.

8." ANTONIO MORENO ROSCOE ATES ANNA Q. NILSSON BEN TURPIN CREIGHTON HALE DOROTHY DUNBAR (Former Mrs. Max Baer ST.L0UIS POST-DISPATCH FLOOR SHOW A i Th. Star. A at wm ft-nd-d bv JOSEPH PULITZER REFINERY BY INDEPENDENT MARKETERS THRU INDEPENDENT STATIONS MILTON OIL COMPANY Ditribatrm Panntylvanim Tlr) Uec.

12. 1878. TELEPHONE: MAIN 1111 Iail by the Pulitzer Publishing Co. These Sizes Included in This Group Sizes 1 35 1 36 1 37 1 38 1 39 1 40 1 42 44 1 46 Regulars 6 1 12 1 25 1 21 15 1 11 1 10 1 Longs l4333ll Shorts 3 ll 8 10 2 5 5 fa If All Iot a -4 fit mo in 0F THE ASSOCIATED PRESS audit BUREAU OF CIRCULATIONS rt'iwblicstion of all news dinntches FLOOR SHOW or not otherwise credited In this 'it r. 'o the local Ren published vr? mirt of republication of special MP JLf we had some bread we could have JACK MULHALL NANCY WELFORD JOHN HUNDLEY end 12 gorgeous girls from the ensemble of Constance Bennett's new picture "Moulin Rouge? coming to Loew's State Theatre for one week beginning today.

NO ADVANCE IN PRICES Mak Adtmnet Rrvatint unmon ADAMS onlr where Inpal dealer aervic l'Ji! on. $10.00 Charge purchases made now payable in April Rothschild Greenfield LOCUST AT SIXTH "niar. one rear "ne .) JHE PQLmn UflLS toast if vre had an electric toaster.99 ixnd with electricity so cheap we certainly ought to have a toaster.99 Itmi. month: Sunday. 10c coiiy.

I or s. Mlst' order, expresa money PngRE (SEES eRBOffii gSEECP Rates by Carrier i'n Daily only. 80c a month: 'r--' COI''r- Deliered by out-of-town lint. ,5 week: Sunday. 10c a as second-class matter.

July 17. 1S79..