The Pittsburgh Press from Pittsburgh, Pennsylvania • Page 1

I IMiPft MMMM 1 U.S. WE DO OUR PART WEATHER Fair Saturday; snow and continued cold Sunday. (Copyright. 1934. by Press Publishing Co.

All Rights Hescrvcd) VOLUME 50; No. 243 18 PAGES PITTSBURGH, SATURDAY, FEBRUARY 24, 1934 Entered a Recoiid-clara matter Postoffice. Pittsburgh An JV JNRA, Pittsburgh liUlEi rail Day's Airmail Developments LONE JUROR HOLDS OUT ALL JT MAN OF WEALTHY 1IEESP0R1 ACQUITTA STEEL UNION CHIEFS FIGHT COM VOTE Election of Employe Representatives Appealed to Labor Board SOLES CONGRATULATES ATTORNEY WHO WON HIS FREEDOM Leep and Breaktast Bring Keversal or vote BLAZE ROUTS 15 SLEEPING PITT STUDENTS All Escape as Early Morning Fire Damages Fraternity House ATHLETES AFFECTED Three Track Stars Inhale Smoke, Unable to Take Part in Meet efore Court Opens for Day; Huge Gathers DEFENSE Victim's Deathbed Note, Story of 'Other Accepted by 6 Men, 6 Women Robert S. Soles today come cold, a free man. He was acquitted of the wife, LaRoux Soles, by a jury of six women and six men whose verdict was pronounced at 9 :36 a.

m. to Hear Verdict ORY UPHELD stepped out into the wel charge of murdering his in Courtroom In a sense, a night's sleep, a hearty breakfast for a single juror gave freedom to the McKeesport man, who although wealthy, was without an overcoat in which to leave the county jail. The jury had started its deliberations at 4:23 p. m. yesterday.

Supper was served the six men and six women, and still, by midnight, they had not reached a verdict in one of Allegheny County's most bitterly battled cases. At 1 o'clock in the morning, behind drawn window shades and behind closely guarded doors in the jail, the jury stood: For acquittal 11 Against acquittal 1 The six women retired to their dormitory; the six men-retired to theirs. One juror alone stood between the former Army captain and freedom. gi iVk It I- ViwA. v-i i I V4 iV IV- 1 1 It suf wiiw-ip i ROBERT S.

SOLES OLIVER K. EATON Crowds Gather Morning came, breakfast was served, and at precisely 8 a. the poll revealed: For acquittal 12 Then an hour and one-half of preparation. Judge Frank P. Patterson came from his home; crowds gathered at NumBer Six, Cotirtroomr for.

-two -weeks the scene -of one climax after another. 1 The greatest climax of all was moments away." Soles, trim, gray-clad, groomed smartly as ever, came into GATHER AFFIDAVITS Carnegie Steel, McKeesport Mills Accused in Delegates' Protest By FRED KURY Press Washington Writer WASHINGTON, Feb. 24 Claiming to represent 100,000 workers in the steel industry in the Pittsburgh district, 13 union leaders appeared before the National Labor Board here last night and filed complaints against elections of employe representatives held yesterday in the plants of the Carnegie Steel Company, McKeesport Tin Plate Company and the National Tube Company. The complaints were received by Milton Handler, general counsel for the board, and the men were sent back to the Pittsburgh district to collect affidavits affirming their charges. Delegates included Earl Forbeck, Joseph Barroh, George Lesko, William J.

Spang, Louis Movie, Pete Clintner, Ray Zollars, Charles Dougherty, Charles Welch, Michael Kovalsky, Fletcher Williams, Andrew Googler, Frank Lackman. Claim Rights Disregarded All were members or officials of the Amalgamated Iron, Steel and Tin Workers Union and claimed they refused to vote in the election because the plan advanced put the affair, under direct -control of companies and did not protect workers' rights guaranteed in Sec tion 7 of the National Industrial Recovery Act. Portions of their complaint set forth that some of the notices of the elections were not posted until Monday and Tuesday. They said the election notices also stated that the company union plans as advanced last June had been adjusted "to meet legal requirements as well as to make them more permanent." The notices at the Carnegie Steel Company plant at Duquesne were signed by E. C.

Cummings. general superintendent, the men said. Pay Day Moved Up The delegation also reported that in telephone conversation yesterday with union members at Duquesne their men appeared at the polling places wearing red, white and blue (Continued on Page 2) FAY WILL CONTINUE FIGHT AGAINST RUDY Crooner's Wife To Keep Up California Battle By The United Press HOLLYWOOD, Feb. 24 Fay Webb Vallee will continue her fight to prosecute her separate maintenance suit against Rudy Vallee in California courts "even under great handicaps," her attorney announced today. Commenting on the New York Supreme Court injunction enjoining Mrs.

Vallee from continuing her marital battle in California, he said California courts previously had sustained her right to proceed here. "In view of this ruling of our Superior Court," he said, "it is difficult to comprehend the ruling of the New York judge which 'may have the effect of interfering with and controlling our California court after our court has assumed jurisdiction of Mr. Vallee." Soles, acquitted today of his wife's murder, shakes hands with Attorney Eaton, head of his defense counsel, as he prepares to leave Judge Frank P. Patterson's courtroom. His acquittal climaxed one of the most dramatic murder trials in the history of Allegheny County.

The Soles for years have been prominent irr Mc-Keesport's business and social life. the courtroom, with his constant guard, George Neilen, who looks like a football fullback, and J. C. Ludot, another deputy, on either side of him. Soles forced a smile, as he shook hands with Jason Richardson, junior partner of Attorney Oliver K.

Eaton, who has led the fight for Soles' freedom. All was in readiness, seats were filled, an anxious overflow of spectators waited outside. The jury filed in, with tipstaves aligning them. The courtroom was silent and the jury box was filled, Miss Rose McClos-key, East End stenographer, in her place as No. 1, and foreman.

Controversy over inauguration of air mail service by the Army spread today. Developments were: IN WASHINGTON, High Army officials blamed the "do or die" spirit of the Army pilots for accidents including six deaths which have befallen fliers in preparation for and in flying the mail. (Story on Page 3.) POSTMASTER GENERAL FARLEY was called before Senate investigators of airmail contracts to explain a "personal remark" made to former Postmaster General Walter Brown. (Story on Page 1.) IN SALT LAKE CITY and Cheyenne, word was sought of the fate of five passengers and three fliers aboard an air liner long overdue. (Story on Page 3.) PITTSBURGH ARMY flier drowns after plane is forced down in Atlantic while he is on way to take airmail flying job.

(Story on Page 3.) FARLEY CALLED IN BROWN CASE Postmaster General Must Explain 'Personal Remark' Episode By The United Press WASHINGTON, Feb. 24 Postmaster General James A. Farley made such a "very personal remark" a few weeks ago to ex-Postmaster General Walter F. Brown that the Senate Airmail Committee summoned him today to explain it. The conversation between the two mail chieftains occurred when Mr.

Brown returned to Mr. Farley Some airmail documents which Mr. Brown believes "a character assassin" smuggled into his personal baggage last March. 1 The remark of Mr. Farley had something to do with the airmail investigation being conducted by Senator Hugo L.

Black, Dem. Ala, but further than that Mr. Brown would not go. It was a "very personal remark," he explained. Furthermore, he said he had promised, Mr.

Farley not to repeat it to anyone. Senator Black tried yesterday to get Mr. Farley's version, but he was out of town. The Postoffice Department promised that the genial, gum-chewing Farley would be on hand today. Mr.

Brown, who has spent nearly a week telling the committee his part in the letting of airmail contracts and in defending his administration from charges of fraud and collusion, told again how shocked he was by the testimony of a postoffice clerk earlier in the winter concerning the burning of "official airmail files. Mr. Brown said he also was shocked to find some missing files among his personal belongings. The dignified Mr. Brown testified in detail about his call upon Mr.

ir ariey unm ne came to the very personal remark," which no amount of persuasion would cause him to repeat. Mr. Brown denied emphatically that he ever had ordered James Maher, postofflce clerk, to burn official correspondence. Maher told the committee he had been instructed to scoop a pile of papers into the postoffice furnace. Concerning the papers that Mr.

Brown found in one of his packing boxes, he testified that upon discovering them: yi was terribly shocked. I have never been so upset in my life as when I found those files." LITTLE RELIEF SEEN FROM COLD WEATHER Frigid Blasts to Continue Over Sunday, Forecaster Says Little relief was promised shivering Pittsburgh for the week-end. With cold waves almost a permanent fixture in the district, the best the U. S. Weather Bureau could offer was temperatures around five above tonight accompanied by snow, with more snow and only slightly warmer weather for Sunday.

Streets and highways remained ice-spotted, traffic hazards which slowed down motorists sufficiently to cause frequent traffic jams in the more congested districts. The Monongahela River was frozen solid near the point again today. The ice gorge which extends up the Allegheny from Lock No. 8 to above Oil City, approximately 80 miles, was further solidified by the biting cold of the-past two days. It is beginning to constitute a flood hazard to the river towns.

THE WEATHER Saturday, Feb-. 2-Jl Increasing cloudiness probably followed bv snow late tonitfht or Sunua.v. Slowly rising temperature, lowest toaisht about five degrees. Tempera I res at Pittsburgh tlast 24 hours Highest 18. lowest meau 10.

Highest lowest temperatures a year Sw ami Partly 'cloudy. readmcs reported by United States Weather Bureau: Midnieht 7 a. 3 1 a. ni 7 8 a. 3 2 a.

m. fa. 3 a. tn. 5 10 a.

7 4 a. 5 11 a. 10 5 a. m. 4 Noon 11 6 a.

Snnrisa 7 a. m.t sunset 6:05 p. m. Barometer 2.48 DETAILED WEATHER REPORT ON FACE 2 Jury Roll Is Called by Clerk Legal Jail Break' To Aid Touhy Gang Illinois Jurists Worried Over Outcome of Decision Which Declares Indicting Grand Juries Illegal Ruling Made in Minor Robbery Case Fifteen Pitt students escaped early today when fire swept their North Dithridge Street fraternity house. Asleep in the Kappa Sigma house, 258 North Dithridge Street, the youths were awakened by a janitor who discovered fire in the basement.

With flames sweeping the three-story brick structure, many of the students in the third floor sleeping quarters paused to collect parts of their wardrobe until ordered to abandon the house by Bill Keller, fraternity president and track star. Grid Star Helped Out As the boys ran to the street, it was discovered that two of their number were still in the smoke-filled rooms. Jeff Farrar, a junior, broke away from his mates and rushed back to the third floor to aid Ted Dailey, former football star, and George Stocker. who were groping their way about their roomr Firemen from Engine Company No. 14 arrived while Farrar and his mates were in the house.

Ladders to the third floor brought the ailing Dailey and Stocker to safety, while Farrar returned to the street through the smoke-filled rooms. Shivering from the cold and suf-" fering from smoke, the students were taken to the nearby Phi Delta Theta fraternity house. Track Stars Disabled All quickly recovered from the effects of the smoke, but it was announced that Keller. Bill McMunn and Charles Groat, members of the Pitt track team, would be unable to accompany the outfit to Morgan-town for the meet with West Virginia University today. The fire was discovered in the basement at 6:50 a.

m. and burned rapidly. The rear of the structure was badly damaged. Among others in the third floor dormitory were Charles McDermott. Fritz Figert, Charles Martin, Charles Brislin, Jack Pass" and John Hefelbein.

HOSTETTER HOME LOOTEDBY THIEVES Valuables Carried Off During Widow's Absence Thieves forced their way into the home of the late G. Herbert Hostetter, Pittsburgh steel capitalist, last week while his widow was in New York, police were told today. An insurance company adjuster reported that two Oriental rugs, valued at $9,000, a valuable antique table and other expensive furnishings had been stolen. City detectives went to the house at 4848 Fifth Avenue and found that the robbers had broken in through two windows. They also were told that the regular caretaker had become ill during Mrs.

Hostetter's absence and that the robbery had occurred while a substitute watchman was in charge of the home. SHAW IN BALBOA Claims U. S. Is Racketeering Association But Lauds Roosevelt BALBOA, Canal Zone, Feb. 24 George Bernard Shaw arrived here yesterday with" the observation that President Roosevelt is doing well but the "whole United States is a racketeering association." He added that "Roosevelt's trying to lift the country out of it and the people probably will hang him lor it." IMPORTANT FEATURES ON INSIDE PAGES Page Bible Story Contest 11 Boys of Wynnecastle 16 Comics 16-17 Contract Bridge Editorials Heywood Broun I Dare Say Lenten Thought Merry-Go-Round Mr.

Fix-it Mrs. Howe New Styles Obituaries Radio News. Seckatary Hawkins 17 By The United Press CHICAGO, Feb. 24 The 99-year-term conviction of Roger Touhy and two fellow gangsters for kidnaping John Factor, wealthy speculator, today became a test case after an Illinois Supreme Court ruling that Major John Shenkel called the roll of jurors. As the names droned out, it was noted Jhat Prosecutor John Hag-gerty was not present.

He had fought doggedly for "a just verdict." Assistant District Attorney Ray Clunk represented the state. County Detective Peter Conner who investigated the case was also present. Harry B. Lynch, 68-year-old father of the dead woman was not present. None of the Lynches was in the room.

Nor was Rose Hardy, blond widow named in the case as Soles "girl friend." Soles' brothers sat tensely, seemingly more tense than Sols. The last juror's name was called. Tiny bulges of tensing muscle showed on Soles' cheek bones. The jurors were standing as. Major Shenkel began his solemn ritual: "Members of the jury, have you agreed upon a verdict?" he asked.

"We have," the 12 voices answered, individually varying from the tremulous to the assertive. "Who shall answer for you?" the clerk next spoke. "Our foreman," they said. "Prisoner, stand up," Major Shenkel told the former Army captain. Soles arose, straight as a ramrod, peering with blue-gray eyes through his spectacles.

"In this issue joined between the Commonwealth and the prisoner at the bar, how say you, is he guilty or not guilty of the felony wherewith he stands indicted?" Miss McCloskey spoke nine words that opened the jail doors for Soles, to send him to freedom. "We find the defendant, Robert S. Soles, not guilty," she said. MRS. MASSIE TAKEN ILL IN JHGHT CLUB Doctor Says Divorcee Will 'Soon Be Well' By The United Press RENO, Nev Feb.

24 Mrs. Thalia Fortescue Massie, central figure of the sensational Honolulu "honor slaying," began her anticipated "new life" today in the unexpected role of a hospital patient shortly after she had divorced Lieutenant Thomas H. Massie, U. S. Navy.

Mystery and contradictions surrounded the sudden collapse of the attractive divorcee during a Reno night club party. The party was at its height when Mrs. Massie was suddenly stricken. Her friends rushed her to St. Mary's Hospital before authorities could learn what, had happened.

Dr. Vinton A. Mueller at the hospital said she "only became suddenly ill." He refused to discuss probable causes of her illness, but said she "will soon be out." Not many hours before, Mrs. Massie cried, "This will be the start of a new life for me." She referred to the divorce decree just granted by the Nevada courts, ending her marriage to Lieu tenant Massie. The divorce was granted on grounds of "mental cruelty." THEY'RE CALLED 'THE PINCH0T TEAMr For romance, for political teamwork, for ambition, for boldness, take the adventuresome Pinchots.

Teamwork is the story of the "firm" of Pin-chot and Pinchot, the Governor, and his wife, Cornelia Bryce Pinchot the Lieutenant Governor sans title. Kermit Mc-Farland tells about them," and about their ambitions and accomplishments tomorrow in a full-page, illustrated story in the Sunday Magazine of The Press. CITY-MANAGER PL A Read how Cincinnati operates under the City-Manager plan and see how Pittsburgh could benefit under a similar arrangement. The first of a series of two stories, will appear tomorrow in The Press. America's 'Best Bad Actor9 Is Dead in Brooklyn at 67 Corse Payton, Who Was 'Booted' Into Stage Career By Outlaw James Boys, Pinned Title on Self Grin Spreads Across Soles9 Face every Cook.

County Grand Jury in dictment, returned in recent years is illegal. The ruling, handed down yesterday in a minor robbery case, held that the present method of choosing Cook County Grand Juries is illegal. Jurists said the decision means that 700 pending indictments may be quashed and attempts may be made to free criminals now serving sentences. William Scott Stewart, Touhey attorney, announced he would use the new ruling and demand a new trial. Touhy, Gus Schaeffer and Albert Kator awaited the pronouncement of sentence today.

Leading jurists met during the night to decide upon a course to block a wholesale freeing of accused persons. An attempt to have the state legislature pass a measure envalidating all present convictions and indictments was started. The high court's ruling was in the case of Jack Lieber, 26, serving a one year to life robbery sentence. The appeal argued that Illinois statutes provide that "twenty-three veniremen shall be called for grand jury service. It was charged that the grand jury which had Indicted Lieber was illegal because the sheriff had called 60 persons instead of 23.

The same system of calling jurors has been followed in Chicago since it became a city, to assure that sufficient persons answered the call. FIRST LADY AND SON IN CHILD LABOR RIFT Mrs. Roosevelt Fails to Alter His Stand. Against Ratification By The United Press WASHINGTON, Feb. 24 Mrs; Franklin D.

Roosevelt hasnt been able to convince her son, James, that the child labor amendment to the Constitution should be ratified. James, eldest son of the President and Mrs. Roosevelt, has taken a stand against ratification by the Legislature of Massachusetts where he lives. His mother, has had a heart-to-heart talk with him, but he stands by his views. Mrs.

Roosevelt is an ardent sup porter of the amendment MAE WEST BUYS AN ORANGE RANCH Actress Joins Hollywood's Back -to -Farm Movement By The United Press HOLLYWOOD, Feb. 24 Hollywood's current back-to-the-farm movement has inspired Mae West to buy a six-acre orange ranch near Van Nuys in the San Fernando Valley. "They tell me," reported Miss West, "that on this ranch IH be able to reach out of the window and have my orange juice. I'm going to see what it's like." freight car after a fruitless search for adventure. As the train neared Centerville, young Payton was suddenly propelled out of the car by a boot.

The train had been held up by the James boys. There was nothing for him to do but return home. Shortly thereafter, he and his brother organized a stock company. After years of trouping in tne Middle West, Payton organized his own stock company and came to Brooklyn. Among actors and actresses who served their apprenticeship with his companies were Mary Pickford.

Ernest Truex, Fay Bainter, the Gish sisters, Mary Miles Minter and Richard Bennett. Ed Wynn appeared between acts for Payton for $2 per week. By The United Press NEW YORK, Feb. 24 Corse Payton, matinee idol of the gay nineties, who modestly called himself "America's best bad actor," is dead. He bowed himself out of life yesterday with a melodramatic gesture that A sudden scream threw the courtroom into a hubbub, even turned eyes away from Soles at the most dramatic moment of his life.

It was a woman's scream, sudden, sharp, unlocated. It was thought to be Iva Johnson, Negro maid in the Soles home. But nobody knew. Swiftly, tipstaves subdued the hubbub, and more swiftly converging eyes of scores of spectators in the drama fixed on Soles. A grin, a wide grin, spread across his lips.

He was nodding his head. The two deputies were slapping him on the back. Blandly, Defense Attorney Oliver K. Eaton, winner of his fight against the state's demands, sat there. He looked through his thick glasses, more owlish than ever, as the smiling Major Shenkel hurriedly filled out Soles "release slip." "This is what we've been working for right along," the droll attorney said, 'smiling.

Soles was surrounded. Three brothers, bubbling over, gathered around him. Conversational clatter caromed off the walls of the corridors, as spectators shuffled along, pushing to get a glimpse of Soles as he was led to the -jail that had been his home since Oct. 6. His brothers, Louis, Scott and T.

Frank Soles were with him. So was Attorney Eaton, and, for a time, Attorney Wil (Continued on Paje 2) might have been out of one of "ten-twent -thirt dramas ne pop ularized. "Well, the free list is leaving it's my cue to exit!" he flung jestingly at departing visitors from his bed in Greenpoint Hospital, Brooklyn. "Tell the newspaper boys to give me a good spread!" A few hours later he was dead, victim of an ailing heart weakened by a two months' battle against pneumonia. He will be buried at Centerville, la, where he was born 67 years ago, the son of a former pony express rider who, as the actor himself once put it, "wooed my mother between stops.

Payton liked to credit one of the outlaw James brothers for the start of his theatrical career. He was traveling homeward in a 8 7 9-10 8 14 2 18 Show Shops Society Sports Theater News Vital Statistics Weather Yesteryear.