The Los Angeles Times from Los Angeles, California • 22

JUNE 17, 1S32. PART ILT FHIDAY MORNING. MOTHER GUILTY Film Star Occupies Plaintiff STILL MYSTERY SLAIN MAN'S WIDOW CALLED BY CORONER OFFERS TO ADOPT TWINS DELAY COURT'S CHOOSING Peltr Release Youths Held i i on Suspicion BARTHELMESS TRIAL OPENS Film Star Sues Agent for Return of $72,223 Brokers Also Named in. Plea Stocks on fully Used Loss Incurred as Property Put Up for Margin So much sought after that investigating authorities are put to keep up with the many requests for their care, Superior Judge Shlnn yesterday again continued the contest waged for the custody of the McFate twins, Mary Lucille and Beatrice Louise, dubbed the "firecracker twins" because they were born last July 4. When the case was partially heard several weeks ago Dr.

Samuel J. Walker, physician, who was in attendance at the birth which cost Rroadw MNAGHTN Prtt. j-j 1 I nvo at vim Vii- hi I ifni ii A Cruise on the Ocean Wave! their mother her life, and Mrs. Mary M. Mann asked to be appointed guardians.

Ivan L. Bate-man and his wife Eva asked thai they be "permitted to adopt- the The infants are the beneficiaries of $15,000 in insurance left by their father, who died three months ago. Bey a Used Car with Confidence through Tlm-f. Classified Ads. See reliable dealers' advertisements in Classification 285.

Si Coats $1COO 15 Suits jy5o Itl-rnpm HOUTWOOQ 1711 fr i Oacks 1 That's what! Maybe it'i only a day's cruise. Or a week's. Or a longer one. In any case, you want to hit the deck looking like a good sailor in nautical togs as trig and shipshape as the yacht itself. So, you come to The Broadway-Hollywood Sports Shop for such things as: Nautical They give you such a well dressed feeling, aboard! In navy and wine shade, piped in white or self bound.

ri i lanne So accommodating when one is acquir- qc ing "sea In white, brown, navy and Olympic blue. Sizes 12 to 20. IN BABTS DEATH Verdict of Manslaughter Returned by Jury Sentence to Be Pronounced by Court Tuesday Newborn. Child Strangled With Sleeve. Holder Mildred Alexander, 32-year-old photographer's assistant, whose baby was strangled shortly after birth last February as Miss Alex ander lay unattended in a room in a bungalow on North McCadden Place, was convicted of manslaught er by a Jury In Superior Judge Bow-ron's court last night.

Sentence will be imposed on the 21st inst The Jury deliberated five hours. For the first time in the history of California courts, Judge Bowron instructed the Jury that it was com pelled to decide if life actually existed in the infant before it was garroted. Judge Bowron, on the issuance of the unusual instructions, declared that the point had appeared in homicide cases in the, records of courts in other States, hut he said he could find hp previous reference in California courts. It was charged by the State through Dep. Coleman that Miss Alexander took the life of the child shortly after its birth in the early morning hours on last February 3 by means of twisting a sleeve holder and sash about its throat.

Miss Alexander tearfully declared from the witness stand that she never knew the child was alive, that she was bewildered and suffering great pain and had no recollection of placing the holder or sash about the child's neck. John J. Hill, deputy Public Defender, represented Miss Alexander. Prosecutor Coleman did not demand that the death penalty be imposed. CROSSCOUNTRY REC0RDBR0KEN (Continued from First Page) on the ground en yesterday's trip for food and fuel at Indianapolis, Wichita and Albuquerque.

It was merely a business trip, Roach, who met his ship and friends at the Santa Monica airport, pointed out. He and Loew plan to fly to New York in the plane next Sunday or Monday. DOUR FIREMEN PENSIONED Assistant Fire Chief Dodd, Capts. Leonard Griffith and Darius H. Rhoads and Fireman C.

M. Fezotte have been granted service pensions by the pension board, the Fire Commission was informed yestrday Dodd, who served twenty-nine years in the department, tops the list with a pension of $260 a month. Winners in the Los Angeles Times Women's Extra Money Contest announced today, see Page 10, Part 1. prtviit tht ftd. If you are leaving all cares behind That means leaving the cook, too.

Which is fine for her and fine for you, because it gives you both a real vacation. But with Mary not there to prepare them, you'll want vacation meals which practically prepare themselves. And that's where Young's come in. When we plan the larder for your Summer camp or cottage, whether for a week, a month, or all Summer, you won't even need a cook book. Deli ctous, prepared, ready-to serve foods frem our own kitchens fresh meats from our refrigerators; fresh fruits and oven-fresh breads and pastries.

You can have them all, every day, if you'll just phone or write and tell us when and where. Market Company DUnkirk 2201 .1610 West Seventh Street VfHnSrU. tint tii le 9fti pptttH. Slain Man's Companion ail in Identification" New Clew Uncovered Being Run Down, JPolire Say flaw suspects to the case having bees questioned at length and released, police detectives last night were working on new clews in an effort to apprehend the murderer of Merton Jenks, Beverly Hills oil broker, fatally wounded Tuesday "afternoon while In the Hollywood WHs with Mrs. Helen Moffltt.

While it is known that the police have not entirely discarded their theory that "petting-party" bandits were responsible for Jenks'a death, It is learned that the new clews under investigation, by Detective Lieu tenant Joe FUkas, point toward an entirely different solution to the crime. THREE RELEASED The three youths who were released after questioning yesterday were Robert Campbell, Warner Saxton and Robert Gilreath. Campbell and Saxton are cousins and last Tuesday both had driven to a place near the scene of the crime, where Campbell maintains a number of bee hives. Campbell admitted that later he had driven up the same road where Jenks and Mrs. Moffltt were parked, but asserted that he was backing out of the one-way drive when he observed the couple.

Gilreath, a youth of 21, told the police that he had no home and took Detectives Condaffer and Ryan to a place on Mulholland High Way where he had made a bed under the trees, around which was strewn accumulation of Junk that the boy had collected. He denied any knowledge of the shooting and said he earned his food by watching acme of the estates near his open-air home. NOT RECOGNIZED When the three were lined up for Inspection in the homicide bureau at the police station Mrs. Moffltt was unable to identify any of them as the man who held up herself and Jenks at the head of Berry Drive, between Ventura Boulevard and Laurel Canyon Road. The case produced a domestic drama of more than usual Interest when Mrs.

Moffltt took the witness stand at a Coroner's inquest yesterday morning and again told her atory of the hold-up, and a crowd, which included her husband and Mrs: Ruby Jenks, widow of the dead man, listened. Subjected to the most tmbarrass- lng questions, Mrs. Moffltt remained calm and poised and answered her interrogators in a clear voice. COMPANION TALKS 8ha repeated in substance the atory she had told several times be tore, that she had accompanied JerJks that day to look, at real es tat and the trip to Berry Drive had been made to look at the view. She related again the sudden appearance of a masked man who struggled with Jenks and finally abot him and of her wild drive for help.

"Now. Mrs. Moffltt, you were never in the rear seat of that ear at any time, were you?" asked Deputy Coroner Monf ort. "I never was." said Mrs. Moffltt.

"How do you account for the forty-five minutes you spent with Mr. Jenks at this point," was the next question. "Well, we were admiring the see- Bery and there was a general discussion about real estate and other topics; dont remember all that was said," replied the woman. Garland Jenks, son of the deceased, was the first witness. He Identified his father's body and said he was 50 years of age at the time at his death.

Julian Zeller, 1393 South Plymouth avenue, tola a graphic story of driving into Los Angeles on Ventura Boulevard and seeing Jenks tending waving his arms by the roadside. RESCUER'S STORY "He told me be had been shot by bandits and that they had stolen bis car and his sweetheart." testi- fled Zeller. "He said that he didn't want any publicity but if he passed on I was to tell his wife that he loved her. He was bleeding badly and gasping for air. He told me to drive him to a hospital in a hurry.

Then he wanted to stop for water out I was afraid he would die. He grew weaker all the time and slumped over on me." The verdict of the Coroner's Jury waa that Jenks had met hi death from a gunshot fired by "a person or persons unknown with homicidal Intent." After leaving the inquest room Mrs. Moffltt and her husband, a Olendale automobile salesman, went to Central Police Station, whert Mrs. Moffltt tried to identify the three men detained aa suspects by me police, she and her husband also accompanied the officers to Berry Drive, whert the three sus pert were taken over the scene of the crime and again questioned, BARKER BROTHERS PLAN GREAT SALE According to an announcement by R. Bennett, vice-president, Bar ker Brothers will celebrate their fif ty-two years of business in Los An- ele by launching a huge summer ale wnich will be one of the out tending events in tht store's history.

A total of I2.WO.000 worth of merchandise will be offered at pre railing market prices which, according to Bennett, win offer to the public exceptional values. SCENARIO SUIT aETTUD When the 118.230 suit brought by John W. McDermott. scenario writer, ttgalnst Howard R. Bushes, motion-picture producer, waa called for trial yesterday In Superior Judge Chambers's court, it waa stated ths re had been settled out of court.

The action Involved an asserted a jrrMment. between McDermott and 1 ruches for the former to prepare book, "WrtU," for the screen. They fasten right up to the neck with shiny gold buttons. And a striped blouse comes with each! Richard Barthelmess, motion-picture star, yesterday went before a Jury in Superior Judge Scott's court seeking to recover $72,223, the value of stocks and bonds assertedly used as security in stock speculation by Dallas S. Squire, his own agent, and Gerald E.

Arbuckle, stock salesman, without his knowledge and which never were returned to him. Named also as defendant in the suit is the brokerage firm of William Cavalier Co, where Arbuckle Is declared to have opened a margin account and deposited the Barthelmess stocks and bonds as collateral. It was contended by Attorney Kenneth Grant, appearing for the plaintiff, that the brokerage house is liable because it accepted the Barthelmess stock as security for Arbuckle account without investigation. PROPERTY DEPOSITED It is maintained that the Barthelmess property, consisting of 800 shares of Chapman Ice Cream Company, bonds of the Piatt Music Company worth (25,000, and 1000 shares of Transamerica Company, were deposited with the Cavalier concern to secure the purchase on margin of capital stock in the Mis souri-Kansas Pipe Line Company. Called as an adverse witness, Ar buckle told the Jury that he hv formed Squire that the resident manager of Parish where he was employed, had guaranteed any purchase of the pipe line stock up to 5000 shares against loss.

Arbuckle also admitted that his company was the fiscal agents and distributing stock brokers for the pipe line stock issue. In his opening statement Attorney Grant declared the plaintiff would show that in the absence of Barthelmess, his agent Squire placed the Barthelmess stock in Arbuckle's hands and that the latter opened the margin account with Cavalier Company in his own name. Sev eral months later the pipe line stock had dropped to so low a point that more margin was demanded by the brokerage house, whereupon Squire located Barthelmess in New York and told him of the entire transaction. RETURN DEMANDED Attorney Grant stated Barthel mess then made demands on Cava Her Co. for the return of his property, which they assertedly refused to do unless he paid some $50,000 which they had advanced to Arbuckle.

Attorney Pierce Works represents the brokerage concern. The case is expected to consume several days, Squire denies that he turned over the screen star's stock unlawfully and in explanation of his act de clares that he told Barthelmess be had suffered severe financial losses and that he was staking all on the common stock of the pipe Une com pany. He maintains his employer told him that he might use his own stocks and bonds as collateral if he so desired. Bigamy Charge Results as Pair Accuse Woman Testimony that Marian D. Miner, 26 years of age, married two men in 1931, yesterday resulted in Municipal Judge Mullendore binding her over for Superior Court trial on a bigamy charge.

Willis L. Miner told Judge Mul lendore he married the defendant January 3, 1931, Judge Hueston ot Signal Hill performing the cere mony. William O. Dulin, taxless driver, said he married Mrs. Miner in Yuma, October 14, 1931, She told him, he declared, that her marriage to Mlnerihad been an nulled, which he later found to be false.

Phillips Rites Set Tomorrow Funeral services for Mrs. Rosa M. Phillips, early Los Angeles resident, will be conducted tomorrow at 2 pm. at the Little Church of the Flowers. Forest Lawn Memorial Park.

Mrs. Phillips was the widow of Ivar I. Phillips, known aa the "Mayor of Garvanxa" because of the prominent part he played in the development ot that section of the city. Mrs. Phillips waa graduated from the Zelefeld Chicago School of Mu sic, was a talented musician and was known in musical circles here For many years she had maintained a home on Pasadena avenue but at the time of her death waa Uv ing with her daughter Amy at 6S3 South Irolo street.

She leaves four children, Amy Dupont Phillips, Fdna Phillip. Ira Phillips and John Phillips, all of Loa Angeies. same as in homes, despite supervt slon. and that to make govern mental departments responsible for such accidents eventually would re suit in the dosing of such rtcrsa tton areas because of the heavy drain imposed on tax funds. "Such action would force the chil dren of the community into the ths Jurist declared, "and that undoubtedly would be a far greater menace to their health end life than are the playgrounds er playground apparstua." When the ease was tried some time sgo ths Jury returned a verdict for the defendant in accordance with the court's Instructions, which he reiterated In denying the motion i or new trial.

Mrs. Ruby Jenks at Inquest BRAINS AND BEAUTY TO GET HONOR "Miss California to Be Chosen at State. Fair for World Exhibit Trip Selection of a typical California girl with intimate knowledge of her State, officially to represent the Golden State at the opening of the World's Fair in Chicago in 1933, will be made at the State Fair in Sac ramento next September. Each of the fifty-eight counties will be invited to send an entry, it was announced yesterday by directors of the State Fair, meeting in Long Beach. One of the girls will be chosen as the official "Miss California." Her expenses to Chicago and return for a week's stay will be provided.

The' World's Fair Com mission of California has agreed to give the young woman the seat of honor in California's exhibit. The method of selecting a girl from each county will be announced soon. All the county winners will appear at the State Fair on Admis sion Day for the final Judging. "This is not to be a beauty con test or a bathing revue," said A. B.

Miller, president of the State Fair. "Personality will be one of the chief factors in arriving at the decision. We want to find the young woman who best typifies the charm, sunshine and hospitality so characteristic of California. She must understand California. By that I mean she must be able to supply informa tion concerning the State such as that which might be sought by persons desiring to come to the Pacific Coast" Five Alhambra Policemen Win Reinstatement Five Alhambra police officers, who maintained that their dismissal from the force March 24, last, was ordered without Justification by the City Council, which disregarded seniority rules, yesterday were or dered reinstated by decision of Su perior Judge Smith.

The case was heard some time ago and taken under submission by the Jurist until yesterday, when he made his decision without comment. The officers, J. D. Scovell, Karl Miller, Ray Johnson, Rubin Turner and Reginald Grlbayedoff, also contended their discharge ss based on "petty grudges," which wss denied by the defendant. Two Men Face Accusation of Extorting $50 Clyde E.

Hubert. 35 years or age of 609 West Eighty-fourth street and Frank Burke. 19. a transient, yesterday were charged with tx tortlon of $50 from Dr. E.

M. Bar don in a complaint issued by Wayne E. Jordan, chief of the Dis trict Attorney's complaint depart ment. Blayney Matthews, who directed tht investigation, charges Burke and Hubert visited Dr. Bardons downtown office and demanoea money under threat of false charges Matthews asserts the money later was paid, the arrests following.

BEATON IN BANKRUPT TI.EA Welford Beaton, screen writer of Hollywood, yesterdsy filed a voluntary petition In bankruptcy In the Unltd 8tates District Court. Bra-ton, who is well known in motion- picture circles, listed liabilities of $3.366 and a wets of $4509. Sporlt Shop Lower Slretl Floor and Wife, Jessica PULLMANS FOR AIR LINE PREDICTED Executives of American Airways Vision Flying Sleepers in Near Future Flying Pullman sleepers with' patrons being coicy about upper and lower berths will be the next de velopment of flying, according to La Motto T. Cohu, president of American Airways, and Eddie Rlcken-backer, vice- president, who arrived here yesterday from the East on the first westbound plane of the in augural night flying twenty four-hour serv ice of that com pany. The eastbound plane left the Unit ed Airport Wednesday afternoon.

The westbound ship put down here at 11 a.m. yesterday after a success ful flight from Fort Worth, where it left Wednesday at 8:45 p.m. "The development of night fly lng," said hu, "calls for larger planes and sleepers. Business men are using the night planes more and more. "We will have a lot of trick names for the sleepers, too, I suppose, said Rickenbacker.

OtheTS on the inaugural flight plane were Wy-att C. Hedrick, EDDIE RICKEN BACKER! official representative of For Worth and Gov, Sterling, and Al-phonso Ragland, of Dallas. Two Film World Women Hunted Bench warrants for the arrest ot Hedda Hopper, film actress, and Mrs. Victor McLaglen, wife of the screen actor, were ordered by Municipal Judge Paonessa yesterday when they failed to appear in traffic court to answer -speeding charges. Miss Hopper is accused of driving at a rate of forty miles an hour in a twenty-flve-mlle sons on La Brea avenue and Mrs.

McLaglen ot speeding through the intersection at Fountain and La Brea avenues, a fifteen-mile cone, at lorty-flve miles an hour. MAN IN COUNTY JAIL CAN'T TELL HIS NAME Unable to tell Sheriff's Investigators his address or the names of relatives, a man believed by officers to be Thomas McLelland, about 73 years of age, is held in the County Jail as a lodger. The man was picked up by officers the previous night at South Main street and Rosecrans avenue, according to Deputy Sheriff Davidson of the Sheriff's missing-persons detail. He is described aa being five feet five and one-half inches in height, weighing 108 pounds, having white hair and being hard of hearing. He is wearing an oxford gray suit, a brown hst and black shoes with brown laces.

BOYS WILL ATTEND CAMPS OF Y.M.C.A. More than 100 boys leave tomor row morning for tht two summer camps conducted by tht Young Men' Christian Association In tne Ban Bernardino Mountains. The camps will be open until September and it is expected that approa mately 1300 boy campers wul have been accommodated by that time. The first contingent will divide and use both the Little Green Valley site above Arrowhead, and the Round Meadow comp site near Bar ton Flats. The boys' camps are self-supporting and serve boys from all branches of the Los Angeles YM.CA.

Rig, Ntw Cajth offer for Women in Today't Lot Ang-Un Timer, set Pag 10, Part I. )- I 'V LA MOTTE TV COMU Richard Barthelmess THOMAS TO STAY LOYAL TO PORTER Investigator in Again Denying Hi Resignation Scores Councilmen Characterising his dismissal as an investigator for the City Prosecu tor's office as "an attempt to weak en Mayor Porter," Rev. Martin Luther Thomas, whose resignation Assistant Joos announced Wednesday he had accept ed, yesterday reiterated his state ment that he has not submitted his resignation. My fight against certain Council- men has been producing results, and real results, and this is their method of fighting back," Dr. Thomas declared.

"If they think they can turn me against Porter by this move or make me stop fighting them and what they stand for they are badly mistaken. They are waging a systematic campaign against Porter by endeavoring to alienate his friends and this move against me Is designed not only to turn me against the Mayor but to turn church people in general against him. I am, in reality, only a pawn in the game and if they want to chop off my connection with the Prosecutor office they are welcome to do so. The move does not change my stand, or my support of Mayor Porter, In tne least." PRISONER KILLED IN JAIL PLUNGE (Coa tinned from First Page) inward bent spikes, with other pris oners under the supervision of Turnkey Van Srermond. DavWlan's leap to death occurred when he supposedly was returning from the lavatory.

Instead he cried out and made a dash for the wall, stepped on a two-foot high hose connection and with an almost superhuman effort flung himself over the top of the iron grating. Efforts of A. W. Stoll, Jail trusty, to hold the man were unavailing, Peoples said. A Coroners Inquest Into David lan's death is scheduled to be conducted in the Coroner's office at 2:30 pa.

today. Scores of persons in the hall ways on the eighth floor of the Hall ot Justice saw Davldlan's body go hurtling through the air and alight on the heavy glass-paned skylights at the bottom. Mrs. Sally Cooper of 1152 South Euclid avenue, was standing on the west aide of the light well outside Superior Judge Aggeler's court at the time. Suddenly she saw Da vidian falling through the air, his body somersaulting.

She screamed and stared out the window horror stricken as the body struck on its back. Mrs. Alice Lopes of 636 South Bernal street, wse standing next to Mrs. Cooper. She, too, witnessed the death leap.

Doaens of others in the hallways leaped to the window. As they stared awe-struck into the light well, deputy sheriffs swarmed through lower windows onto the skylight and removed the body. Davldlan was scheduled to go to trial today in Superior Judge Schauer's court charged with the murder of his cousin, Aram David Ian, 23, of 832 West Ninety-third street, on April 15, Isst. On May 19. last, Davldlan entered pleas or not guilty and not guilty by reason of Insanity.

Only a few day ago Dr. Homer Keyes and Dr. Benjamin Blank filed reports with Judge Schauer stating that their examination of ths defendant con vlneed them that he was aane. WOMAN DISAPPEARS ON WAY FROM EAST Missing since the 8th Inst, when she was last heard of in San Antonio, Tex while en route to Call fornia from Barberton, by automobile with two persona described as a Mr. and Mrs.

Bert 11, Mrs. May Agnes McDonald, 49 years of age, of 1500 South Palm street, Sea Oab rial, was the object of a search by the Sheriff's office yesterday. The woman was reported missing by her husband, John D. McDonald, who said she bad been visiting relatives In the East and, according to a letter written from the Texas city, wss to drive to Los Angelee without further delay. PLAYGROUND ACCIDENT CASE DAMAGES BARRED In a ruling affecting the legal status of all publicly maintained playground and recreation areas, Superior Judge Curtis yesterday decided that governmental un.

dee, such as the Board of Educa uon ana me Department of Parks and Playgrounds, cannot be held liable for damages in accidents resulting from the use of standard playground equipment. In his decision, denying a motion for new trial urged in behalf or Vernon Clark. II years or age, who arted for I.1J60 damages for in-Juries he received two years ago on the grounds of the Olasseil psrk school, Jixlgt Clark declared that accidents occur on playgrounds ths.