Reno Gazette-Journal from Reno, Nevada • Page 11

RENO EVENING GAZETTE Sparks Manager Quits in Stormy Council Session PAGE ELEVEN RENO, NEVADA, FRIDAY, NOVEMBER 16, 1956 Mayor Richards, was that Mr. Question Right To Alter State Sales Tax Law Legislators Plan To Seek Opinion On Amendments The vote in the 1956 general election on the sales tax referendum, which saw the people of the state approve the present law by a better than two to one vote, may have deprived the legislature of the right to amend the 1955 sales and use tax statute. This ticklish subject was discussed Thursday afternoon at a regular meeting of the Nevada Legislative Commission in Carson, with the commission voting to seek an opinion on the matter from Attorney General Harvey Dickerson. QUESTION RAISED Legislative Cousel J. E.

Springmeyer also raised the question whether the constitution can be amended by the initiative petition as was attempted this year, with the voters rejecting the proposed amendment listed as Question No. 2 on the general election ballot. Springmeyer said that the constitution never had been amended by the initiative process, and that Article 19 of the constitution, which apparently provides fop BULBS READY TO FLOWER NEXT SPRING Spring is here, at least as far as the Reno park department is concerned. In the minds of several park department employes, 8969 tulips, narcisMisses and daffodils are all set to wave their colorful heads above city park flower beds. While city puddles have been freezing solid and other park workers are bedding down lawns for the Winter, four men have been placing flower bulbs since Oct.

1. Some are described by Bruce Clogston, park supervisor, just as assorted tulips, daffodils and narcissus. Others bear more aristocratic names, such as King Alfred No. 1, Clara Buff, William Pitt, Zwanenberg, Blue Parrot, Fantash, Firebird, Orange Favorite, Golden Harvest, Nizza and Carlton. The park men have fertilized the flower beds, have spaded them by hand, and have placed the bulbs.

From here on production is in the hands of higher authority than the park department. I jf f'r- 1 1 U-i I rt f- ii ii.ih.i. n' na.iimi viif ti nnlinmr I i mi in i mr- PLEADS GUILTY William E. Boswell, Carson bartender is pictured right with his attorney. Jack Streeter, left, examining papers preparatory to entering Ormsby district court where he entered a plea of guilty Thursday at a charge of second dgree murder in the strangulation slaying last May of a 22 year old Philadelphia heiress.

(Nulty photo) Crime of Heavy Drinking Brings Ten Year to Life Term for Carson Slayer Walt had been "absolutely un successful, did nothing at all in that line and did more harm than good." Reconstructing events which led up to the stormy session Thursday night, Mayor Richards said Mr. Walt had originally submitted a letter of resignation based on his wife's health. Mr. Walt stated in his letter he was resigning because his wife could not stand the high altitude climate. Mayor Richards reported today, he and the council agreed at the time they would be perfectly willing "to accept the letter with no questions, even though certain Sparks officials had been dissatisfied with Mr.

Walt's per formance. Reports of a secret meeting, held sometime between Nov. 5 and Nov. 13, which reportedly involved Councilmen Jess Sneddon, Roy Breaker, Al Oborn and Mr. Walt, was denied at the meeting held Thursday night.

Mayor Richards -said today the three councilmen denied having any contacts with Mr. Walt. Mayor Richards said today that a meeting was held Monday night at which time the council tenta tively agreed to accept Mr. Walt's resignation. Mayor Richards pointed out today that the Monday night meeting could be called, under terms of the city charter which specifies that such a meeting can be held, without the city manager, when his resignation is being considered.

After the Tuesday night ses sion at which action on the Walt resignation was tabled by a 4-1 vote, Councilman Robert Sulli- dissenting, Mayor Richards said he called the Thursday night session because he "felt something was going on" and that "it should be smoked out." Also commenting today, Coun cilman Sullivan said, "the man wasn't capable of fulfilling all the requirements of a city manager's position and does not have enough background. We made a mistake in selecting him and we just had to do something about it. Mr. Sullivan said he was utterly amazed at the 4-1 vote when it had been tentatively agreed that the Walt resignation would be accepted. Drinks Figure In Elko Trial ELK The alcohol content of the blood of 22-year-old David Clark Sellers was the central theme in testimony for the state this morning in Elko district court.

Young Sellers, adopted son of document expert Clark Sellers of Los Angeles, is accused of slaying Paul Brooks, 45, with a pickax on July 7. Elko clinic technician Vaughan Nelson told the court the blood test he gave Sellers five hours after his arrest showed an alcohol content of 2.52. The legal point of intoxication for driving is 1.50. Elko Dr. Tom Hood said Sellers alcohol content would have been higher at the time of the slaying.

District Atty. Grant Sawyer asked Hood if the accused, at the time of the killing, could have formed "the intent to murder, rob and hide," Dr. Hood said "yes." The doctor showed the court pictures of the wounds received by Brooks. One was a six-inch gash in the head and the other was in the left forearm. He characterized the arm wound as "a defense wound" which could have been received when Brooks tried to block a blow.

Under cross-examination by George Wright, Dr. Hood told the court young Sellers' brain could have been impaired if his alcohol content had been a hypothetical 3.38. The state is expected to rest its case this afternoon. PHONE FA 3-3161 Final Brief In Thunderhird Case on File Court Is Asked To Set Balance Of State Power Again asking that the state supreme court balance the rights of gamblers against the police power of the state, attorneys for the Nevada Tax Commission Thursday filed the final brief in the Thunderbird case. The largely technical brief, the last legal move before arguments are scheduled before the supreme court, was filed by Commission Counsel E.

Frandsen Loomis, who has been assisted in the lengthy case by the firm of Springer and McKissick. APPEAL DECISION The tax commission has appeal ed a district court decision which kept the commission from closing the swank Thunderbird Hotel Casino in Las Vegas early in 1955. The seven-man commission order ed the Thunderbird gambling li cense revoked unless principal owner Marion Hicks and the cor poration attorney, former Lt. Governor Clifford Jones, disposed of their interests. In action which actually began in iito4 tne tax commissioa de clared that Hicks and Jones permitted eastern gamblers George Sadlo and Jake Lansky to hold secret interests in the casino, in violation of gambling regulations.

But Hicks and Jones won a decision in district court, in which District Judge Merwyn H. Brown of Winnemucca hold the commission didn't have enough evidence and that its action was "arbitrary and capricious." ON EVIDENCE Loomis asked in the latest brief that the supreme court disregard the judgment of the district court and reach a decision based solely upon the evidence placed before the commission in hearings. Saving that the Thunderbird "brushed over the evidence" in its brief. Loomis likened evidence in the case to five digits. He said that if the numbers are 1, 2, 4 and 5 a number which might be either 3 or 8, and some commission members thought the one and some the other, the numbers might add either to 15 or 20.

But the brief said this would be an "honest difference of opinion based upon sound judgment and experience," and said the district court could not disagree with either conclusion nor look behind the record. DIDN'T HAPPEN If the commission were to have arbitrarily selected some other number, merely to reach an agreement, the case would be different, the brief argues. But this didn't happen, and the brief says the district court had no right to substitute still another number, nor to decide on the basis of any evidence other than that produced in commisison hearings. The tax commission asserts that the Thunderbird's principal defense consists of denying that Hicks had any knowledge of wrongdoing, and that whether Jones was in the privileged position of not having to testify wasn't even argued. "By their reasoning a licensee could refuse to be questioned by the commission, yet retain his privileged position as a gambler.

Police power would mean nothing." Reference to police powers was an echo of the original commission brief, which said that the tax commission is on trial, and that the issue is whether the commission or the courts shall control gambling. NOT AN ISSUE Thunderbird Attorney Richard Blakey had declared this isn't the issue at all. Rather, his brief said, the court is to determine whether the commission must act on substantial evidence, and (Turn to page 12, Col. 3) 43, all piled on his back when he tried to take the younger man to the hospital for a blood-alcohol test. The charges for Mrs.

Ternan and Sheppard were assault and battery, resisting arrest and interfering with an officer performing his duties. All have pleaded innocent and asked for a jury trial. The charge of failing to register was placed against Ternan Wednesday. It results from a routine check by the Sparks police department, which always asks a California police intelligence agency for the past record of any person it arrests. Ternan's came back with the mention of a prison term he served in Montana in 1952 for first degree burglary.

A state law requires all ex-convicts to register with their police departments. Ternan, his mother and his wife, who is pregnant, live at 113 Tenth St. in Sparks. Sheppard is the owner of George's Garage on East Second street. All were in court Thursday with Ternan.

Embry, Byrne Press Move to Bar Gregory Win Continuance To Prepare Motion Of Disqualification First round in the court at tempt of two Clark county as semblymen to expunge criticism of them from a grand jury report on land deals wound up "no contest" Thursday at Carson. Las Vegas Attorney Harry Claiborne finally was granted a continuance to Nov. 26 to allow him time to prepare a formal motion aimed at disqualifying District Judge Frank Gregory from hearing the petition of William Byrne and William Embry. MORE INVOLVED After conferences in Judge Gregory's chambers in the morning, Claiborne asked a continu ance until afternoon. After lunch he told the court he'd had trouble getting a stenographer, and any way had discovered the matter to be more involved than he had first thought.

Finally he said he'd file the disqualification motion by Nov. 26, and appear on that date, prepared to argue the merits of the original petition either before Judge Greg ory, if he doesn't disqualify him self, or some other district judge. However, Claiborne said later that he was still considering taking the disqualification matter directly to the supreme court. This could mean that Judge Greg ory wouldn have to decide whether to disqualify himself or not. BASIS OF MOTION Claiborne planned basing his motion to have another district judge hear the petition on the contentions that since Judge Gregory had called the grand jury, instructed it to investigate the land dealings of state officials, and accepted and commended its report, he could not be impartial.

The Ormsby county grand jury last Spring issued a report criticizing a number of state officials. Conclusions dealing with Byrne and Embry revolved around the purchase by Byrne's wife of Nevada Industrial School land at Elko, valued at $30,000 for $750. The jury said this was "not in the public interest and welfare," and said Embry, in knowing about the deal, was derelict in his official duties. Embry and Byrne then petitioned the district court at Carson to expunge conclusions pertain ing to them, calling them a "scurrilous The assem blymen Embry was defeated in this year's primary but Byrne was reelected this month also claimed the grand jury had exceeded its powers. Atty.

Gen Harvey Dickerson has supported this view in an opinion. In the court action at Carson District Attorney Cameron Bat- jer and Attorney William Crowell of Carson, who was a special assistant district attorney appointed to assist the grand jury, are appearing as "friends of the court" at the invitation of Judge Gregory. Ask Safeguard Of Endowment University of California regents have filed a suit in Washoe county district court to protect an endowment of they have received from the estate of Frank McAr-thur, Washoe county resident who died Aug. 10, 1951. In the suit the regents say heirs to the estate are questioning the endowment and ask the court for a ruling that the university is entitled to the money.

Heirs are identified as Airs. Maude McArthur White, a daughter, and her four children. According to the petition filed in court by Attorneys Clel Georg-etta, of Reno and Robert A. Mackey and Thomas J. Cunningham, of Berkeley, the dispute arises from the.

existence of two wills. The regents state that the trust agreement was made Sept. 3, 1948 and was mentioned in a will of Oct. 2, 1948, but a later will, signed Feb. 27, 1951, makes no mention of the trust, which was payable on Mr.

McArthur's death. The trust fund provides for scholarships to be given to graduates of Modoc and Lassen county high schools, and for loan funds for students of the two schools. Driver Charged After Accident A sideswiping automobile accident at Virginia and Mary streets Thursday afternoon resulted in the arrest of the alleged offending motorist on charges of reckless driving. Homer P. Haines, 26, 4520 Lakeside posted $300 bail to guarantee his appearance in court.

Officers Ronald Haskell and Henry Miller said Haine's car sideswiped one driven by Joseph D. Granata, 73, 514 University Avenue. No injuries resulted. Sparks flew at a special meet ing of the Sparks City Council Thursday night, as the stormy session ended in the resignation of City Manager H. J.

Walt, the express purpose for which the meeting had been called. Normally docile Sparks coun cilmen and equally calm Sparks Mavor C. E. Richards aired the matter of charges and counter charges against Mr. Walt for inefficiency and the spreading of a rumor that Mayor Richards had been "pressured" to have the city manager discharged.

WALT ALKS OUT The departing city manager was present at the special meeting, but walked out after a unanimous vote to accept his resignation. This morning Mayor Richards emphasized that he had not been "pressured" in any way and also stated that he had precipitated the whole proceeding against Mr. Walt, when he found inconsistencies in his application for the position. The mayor said he felt it was his duty to bring this to the attention of the city council, as part of his public duty. The whole matter, said the mayor, came to light when he read in Western City magazine, a publication published expressly for western city administrations that Benecia, was still looking for a city administrator.

Mayor Richards said that in his application, Mr. Walt told the Sparks council that he had left his Benecia post because of the election of three new councilmen, who told Mr. Walt they had their "own man" for the Benecia position. When he read that Benecia was still looking for an administrator, said Mayor Richards today, he realized something had to be done. DECIDED TO PROBE The mayor decided to investigate, he said this morning.

He wrote a letter to a business leader at Antioch, a man described by Mayor Richards as "close to the Benecia city gov ernment for many years." Quoting from the letter, Mr. Richards said the Antioch source reported that "Mr. Watt did not appear capable of assuming the responsibilty of following through on a job and of grasping duties of his office fully enough to do a good job." It added, "the man is lacking in ability to publicize the city" and that Mr. Walt "was more successful in getting personal publicity than for the community." The reply also stated that it had been found that Mr. W7alt's personal public relations were "quite good," but also that it was the writer's opinion, and most of the persons connected with the Benecia city government that Mr.

Walt was inexperienced and "did not appear to know what he was doing." In reply to Mayor Richards' question as to why Mr. Walt had left Benecia the Antioch man said Mr. Walt left because he was "not qualified." Also, asked by the Sparks mayor was a question relative to Mr. Walt's ability to institute an industrial program. The reply, said Hearing Set In Spitz Case Jan.

31 has been set for the Washoe county district court hearing on the 30 day suspension without pay for Reno Police Capt. Louis Spitz. Judge A. J. Maestretti, who set the date at 10 a.

m. today, said he had no earlier opening on his court calendar. Attorneys Peter Echeverria, for Capt. Spitz and Samuel B. Francovich, representing Chief T.

R. Berrum, said they would like to have the hearing earlier if possible, and said they would be willing to appear in court on short notice if a trial were cancelled before Jan. 31. Before the brief time-setting conference, Francovich filed an answer in the case from Chief Berrum. The answer denied that Spitz' suspension was illegal, as Spitz claims in a petition to the court, and denies that the captain is deprived of any rights to which he is entitled.

Berrum 's answer asks for dismissal of a writ of mandate in which Judge Maestretti ordered the chief and the city civil service commission to show why Spitz should not be reinstated. The suspension is ended Monday, and Berrum said Spitz will be assigned to his old job as head of the traffic division. The civil service commission has asked to be eliminated as a defendant in the action on a claim that it took no action in the suspension. Death Is Laid To Drowning Coroner William R. Beemer said Thursday that autopsy reports submitted to him have indicated that Mrs.

Marie Festina. 52, died as a result of drowning. Her- body was found floating in Virginia lake Saturday. The autopsy reports rule out the possibility the woman might have suffered a heart attack and fallen into the lake. "A crime of heavy drinking" ended in a ten year to life prison sentence for William E.

Boswell, 35, in Ormsby county district court Thursday afternoon. Boswell began serving his sen tence at the Nevada state penitentiary this morning for the strangulation murder last May of 22-year-old Anne Van Ryne, a Philadelphia socialite. He changed his plea from not guilty to guilty of second degree murder in a surprise move yesterday. HEAVY DRINKING Boswell's attorney, former Washoe 'District Attorney Jack Streeter said that Boswell had been drinking heavily for three weeks prior to the slaying and that because of his condition could not have possibly have been guilty of first degree murder. The state had "strong circum- Coroner Setup Due for Study Sparked by medico-legal expert, Dr.

Charles P. Larson, Nevada's ex-officio coroner system is due for intensive study. Larson was called to the state in June at $100 per day to determine the cause of death of Mrs. Anne Van Ryne, whose decomposed body was found in the Carson apartment of William E. Boswell.

Boswell entered a pica of guilty to the second degree strangulation murder of the 22-year-old expectant mother in Ormsby district court yesterday. Larson's contacts with Nevada's coroner system where the coroner is an elected justice of the peace and not necessarily versed in medical problems have caused him to initiate a survey in the state with the goal of a medical examiner system. Under this plan, all deaths which might result in a criminal complaint would be investigated by a medical examiner, "using known scientific procedures." The first of four meetings in which Larson and lawmakers, peace officers, medical men and prosecutors and undertakers will take part is scheduled for Nov. 30 in Reno. Other meetings will be held throughout the state.

The Nevada State Medical Association and the state's coroners are cooperating in the study. PLEADS GUILTY John C. Williams, 39, no local address, was handed a 60 day suspended sentence Friday morning in Judge Harry D. Anderson's municipal court after he pleaded guilty to charges of reckless driving. He had been arrested the day before at Virginia and Mt.

Rose streets by Marshal James Curtis, who said he clocked the man's car at 45 miles an hour. such a process, is not clear on the exact steps that must be followed. He said that had question No. 2 been approved by the voters, a legal challenge of the procedure probably would have followed. Springmeyer called for a complete revision of Article 19, with accompanying clarification of whether referendum measures can be amended by the legislature.

TAKE FOUR YEARS This will take at least four years, however, since Springmeyer recommends that resolutions calling for the amendment be approved by the 1957 and 1959 sessions of the legislature. If the approval is obtained, the amend ments would, then be on the I960 general election ballot. The sales tax question was the subject of considerable debate during the general election campaign. Voters were urged not to vote against the question just be cause they opposed the present two per cent tax on many necessities, including food and drugs. Much of the oppostion to the tax developed because of the levy on these items, but the voters were told during" the campaign that the legislature could later amend the law.

Several, candidates for the legislature who were successful, pledged such amendments during their campaigns. SHOULD BE SETTLED Springmeyer told the commission he was not sure that the lawmakers legally can revise the tax, and that the question should be settled before the 1957 ses sion is asked to act upon an expected flood of amendments. He noted that Article 19 of the constitution holds that once a law has been approved on referendum by a majority of voters it "shall stand as the law of the state and shall not be overruled, annulled, set aside, suspended, or in any way made inoperative except by the "direct vote of the people." Bolstering the view that the legislature cannot amend the tax law is a 1928 supreme court ruling which, although not touching upon the sales tax question itself, repeatedly says that although an initiative can be amended by the legislature three years after enactment by the people, a referendum can be amended only by vote of the people. To make sure that the legal questions are cleared, the commission also approved a plan proposed by Assemblymen E. J.

Dot-son, (D-Clark), that some vital amendments to the law be approved on the opening day of 1957 session, and then have the matter tested in the supreme court. Commission members also are giving some thought to increasing the number of signatures required on petitions to place questions on the ballot by the initiative process. In back of this move are the repeated efforts to repeal the state's right to work law, enacted by vote of the electorate in 1952, after which unsuccessful efforts to repeal it were made in the 1954 and 1956 general elections. Reports have been heard that a third repealer effort is now underway. Mrs.

Burchardf Seeking Pension i Serena Mae Burchardt has applied to the United States Veterans' Administration for a pension as the widow of the husband she shot and killed March 13. The application was revealed in a letter from the V.A. regional office in St. Louis to the Washoe county district attorney, asking for the verdict of Mrs. Burch-ardt's trial here on murder charges.

A Washoe county district court jury found Mrs. Burchardt, 22 mother of two, not guilty after a week-long trial which began September 10. She told the jury she had point ed a pistol at her husband, Robert F. Burchardt, to frighten him during an argument and that the gun fired unexpectedly. The bullet entered Mr.

Burch-ardt's left eye and penetrated his brain. Park Terrace Trade Ready For Complefion Reno's trade of the Park Terrace housing site for an adjacent 16 acres is almost ready for completion, city officials reported today. Since the beginning of August, legal documents involved in the trade have been caught in a legal maze, but only two documents, both quit claim deeds, are needed now and City Manager C. B. Kinnison said today that they should be ready soon.

At first the firm of Cavanaugh and Hill, which owns the land being traded for the housing site, inadvertently gave the city a deed for 120 acres of land, rather than 16. Then the city discovered. that the deed it was preparing to give Cavanaugh and Hill included a city pumping station, which had to be deleted. Another delaying item was an arrangement in which the city obtained a 30-foot right of way into the 16 acres from Cavanaugh and Hill and traded this for an equal area taken from the original 16 acres. Washoe Title which is handling the transaction, has t-een engaged in completing title searches on the excess land which Cavanaugh and Hill mistakenly allocated to the city, nnd is now ready to complete the trade, as soon as the city relinquishes claim to the excess 101 ncres.

In the trade, Cavannugh and Hill, which bought the Park Terrace homes for removal almost a year ago, is permitted to leave them in place, if they are brought up to city building. lTouircmer.ts. At the time of the trade coun cilmen said the 16 acres would be suitable for a city park at Ninth end Montello streets. Although some property owners in the area protested the trade, no objections have been expressed while the trade has been in the hands of the title company. Fair Weather To Continue Continued good weather was forecast for the Reno-Sparks area today, and a projected five-day estimate indicated no precipitation was expected through Wednesday, Nov.

21. The 24 -hour prediction in Reno showed it would be mostly fair tonight and Saturday, and slightly warmer. The high today was expected to reach 55 degrees with a low early Saturday of 20 degrees. It was 18 degrees in Reno this morning. Ski enthusiasts were not expected to be happy about the prediction for the Sierra Nevada resort area.

The weatherman said the mountains would be fair in the south portion, mostly cloudy in the north tonight and Saturday little change in temperature. For Nevada, the prediction was identical, fair in the south, cloudy in the north portion and little temperature change. The weatherman added a high pressure area dominates most of western Nevada, but a weak storm front moving in accounts for the clouds. Temperatures for the next five days here will average 53 degrees for a high reading and about 25 degrees for the morning lows. INFANT PASSES Funeral services are pending for the infant daughter of Mr.

and Mrs. Harry Palmer of Reno. The baby died Thursday evening at a local hospital, after living only 25 minutes. stantial evidence" to prove its first degree murder charge, according to Ormsby County District Attorney Cameron Batjer, but withdrew its charge and allowed Boswell to admit to second degree murder. With Boswell's confession to the lesser charge, Batjer felt that an expensive and exhaustive jury trial would not be justified.

Boswell had continuously maintained his innocence until yesterday's court session. His trial had been set for Nov. 26 in Carson, lie had pleaded not guilty when he was arraigned in the district court July 23. FLEES CROSS COUNTRY The 35 year old former Carson bartender fled cross country after the slaying and was finally arrested at the home of his es tranged wife, Arline in Middle- bury, three days after the discovery of the slain woman's body in Boswell's Carson apartment. He arrived in the eastern city with one of the slain socialite's three autos and the woman's wal let and personal papers.

Upon his arrest he maintained that he had not killed Mrs. Van Ryne but they had some drinks in his apartment and that she had lent him the auto to drive east to see his wife. Mrs. Van Ryne had originally come to Nevada in November. 1954 and divorced J.

Francis De-Vinney of Ardmore, Pa. She returned to Nevada last vear and lived for a time at a Washoe dude ranch. She married Thomas Van Ryne, 39, operator of a Carson medical laboratory in January of this year. Shortly after the marriage. Van Ryne was extradited to California to face charges of writing bad checks and is currently serving a one year sentence at a Southern California honor farm.

The murder was discovered May 24 when Eoswell's landlord Lido Vounamici noticed flies and a strong odor about the apartment and discovered a locked closet door. He called police who opened the door and found the body. One of the west's outstanding medico-legal experts. Dr. Charles P.

Larson, was hired by Ormsby county commissioners at $100 a day to determine the cause of the death of the young expectant mother. He was called in at the request of three Reno pathologists who had been working on case, and determined the cause of death to be strangulation. Boswell, neatly dressed, appeared to be slightly nervous during the brief court session. He had been held in the Ormsby county jail since he was returned by Carson police June 9. His victim was the daughter of Mrs.

Elizabeth Flagler Harris of Philadelphia and J. Andrew Harris III of suburban Gwynedd Valley. Her estate was valued at $83,000. Most seriously hurt was Mrs. Nora Novarre, 65, of 414 W.

Fair-child, Topeka, hospitalized with contusions, abrasions and shock. Others taken to the hospital: The pilot, Capt'. Arthur de Fabry, Palos Verdes Estates, Los Angeles, knee, injury; Mildred Morgan, 40, 130 Millard Port Hueneme, abrasions of left leg; Jack M. Phillips, 37. 6234 N.

Mozart, Chicago, possible back injury, and Len Hagoppian, 50, 2811 Broadway, Sacramento, and Stewardess Ann Zeman, shock. Sparks Riot Participant Given Admonition, Fined Passengers Escape Injury In Las Vegas 'Crash Landing Claiming consideration for William I. Ternan's unborn child, Sparks Justice of the Peace Harry Z. Guerin said he would not sentence the man to jail. Instead, he fined him $150.

Ternan, who pleaded guilty to charges of failing to register as an ex-felon, did spend and hour and a half in the Washoe county jail waiting for his mother and wife to dig up the fine. The 29-year-old body and fender man was sentenced in the Sparks justice court Thursday afternoon. Judge Guerin asked Ternan "to quit flirting with the law" and "to quiet down and lead a more respectable life." The judge was referring to a recent speeding charge placed against Ternan and, even more recently, triple charges of reckless driving, assault and battery and resisting arrest. These charges were placed last Saturday morning by Officer Jay Hughes, who said Ternan, his mother, Mrs. Enid L.

Ternan, 54, and his boss, George A. Sheppard, LAS VEGAS, Nov. 16. UP) Thirty-eight persons escaped death when a twin-engine airliner limping on one engine, pancaked into the desert. The pilot of a TWA Martin 404 tried to wing back to McCarran Field yesterday when one power plant failed soon after takeoff on a flight 'to Los Angeles, but was forced to make a belly landing on the desert nearby.

Both engines were broken from their mounts, and the plane's fuselage was cracked in the landing. It did not catch fire, however, and 35 passengers and three crewmen emerged..