The News Journal from Wilmington, Delaware • Page 5

Tuesday, December IS, 1964 Herlihy Acted in Contempt By Taking Books, JP Says Evening Journal, Wilmington, Del. Chief Deputy Attv. Gen. Thorn trot An oh rrt nc vf mionnnitnf as Herlihy III acted in contempt in office. The charges came inj a New Castle County Grand, force its orders and perform its required record-keeping duties "is to unlawfully kill that court without courtesy of a decent burial," Warder contended.

Matushefske's lawyer pointed indictment. Warder asserted that Matu-i shefske, as the judge of a court! or court by "unlawfully" seizing records Aug. 17, Magistrate John Matushefske contended yesterday. The Wilmington Manor justice of the peace made the claim through his lawyer, Hiram W. Warder, in a Superior.

Court brief replying to a contention out that by means of a subpoena, the chief deputy had possession of the books four days before they were returned on the magistrate's orders and then taken away again. created by the Delaware constitution, has inherent authority, apart from any statute, to punish for contempt. Deprviing any court of its power to punish for contempt is to "emasculate" it, and denying any court the power to en HERLIHY committed direct DOWNTOWN, Market at Seventh I PRICES CORNER Ij.11 HXJrO KODEL IsUrO Wy contempt in the magistrate's presence, Warder argued, by taking away records Matushefske was required by law to have on hand and by seizing property which was in the justice of the peace's custody without authority from another court. "If Mr. Herlihy had a right to possession of Judge Matushefske's dockets," Warder queried, "why did he not apply to this court (Superior) for authority to get them? Was not four days time enough?" The chief deputy had ample time to obtain a court order for the seizure and there was no danger the dockets of Matushefske would get away, the magistrate's attorney maintained.

Warder contended that by causing Matushefske to be deprived of his records, Herlihy not only was guilty of contempt but broke a law which empowers a justice of the peace to punish "any disorderly conduct" which interrupts proceedings before him. Manila Cable Put in Use San Francisco. The Guam-Philippine leg, a $25 million project, has a capacity of 128 channels. tnat the magistrate lacks authority to cite Herlihy for contempt. The authority is there by state constitution and common law, the brief said, and Herlihy flouted it by issuing orders to state police to take away the magistrate's docket books.

The court was urged to deny a writ of prohibition to block Matushef-ske's action. THE contempt warrant was issued after police, acting on Herlihy's instructions, took Matushefske's books for the period from October 1961 through February 1963 in connection with the arrest of the magis- MANILA (iF) A submarine cable linking the United States and the Philippines was inaugurated today. The first telephone call was placed by Mrs. Diosdado Macapagal, wife of the Philippine president, to her daughter Gloria in Washington. The last link in the cable runs 1,600 miles from Manila to Guam.

It connects there with cables to Japan, Hawaii and Akihito Sees Premier BANGKOK, Thailand (UPD -Crown Prince Akihito of Japan received Premier Thanom Kitti-kachorn and members of his cabinet today. Belief onte to Add Lights for Safety sioners to increase street lighting for safety's sake. A Delaware Power Light Co. survey suggested installa- Bellefonte Town commission- and children walking at night." ers last night approved plans Commission President Albert for better street lighting "to Horner said he feels it is the make the town safe for women 'responsibility of the commis- tion of at least two additional street lights and in increase of 150 per cent in. power of lights on Brandywine Boulevard.

Harry Raign, chairman of Bellefonte's street and safety committee, also reported that each Brandywine Boulevard; Leather gloves warmly lined with Orion light would be independently controlled and longer arms placed on many of the poles ifts for the home tCaSy aS (f i 4 1 il Two gifts in one via our duster -pa jama set Tremendous value, terrific gift idea! The pretly robe with shaped front and acetate satin deeor is quilted with lightweight fluffy Kodel polyester fibcrfill for wonderful warm ill. The pajamas are simply tailored with a bit of quilling at the neckline. Both of easy-care nylon Iricot in white with pink or white with blue, sizes 32-40. 9.00 to provide better lighting. Details of the lighting plan were tabled until January when Clinton Rowe, treasurer, will report whether the budget will provide the additional expense or if a small increase in the tax rate will be necessary.

Horner predicted that if an increase in the tax rate were is for arm chairs, upholstered, priced from $15.98 Give licr the elegant 8-hutton length beautifully made by Graniloe with full pique scams. Or slip her the casual slipons imported from Italy, handsomely detailed with stitching on bark and cuffs. Both lined stem to stern with Orion acrylic knit, black or brown, sizes 6 to iy2. necessary it would not amount to more than 4 or 5 cents for each $100 property assessment Ell lit Floor, DOWNTOWN rRlCE. Also at the meeting, Wilbur F.

Peterson town police offi- is for chairs contour recliners from $59.00 is for bars pine or walnut from $59.00 cr, was sworn in as town bail 6.50 14.98 iff. Slipon 8-Button l8 Party for Blind 1st Floor. DOWNTOWN PRICES CORNER Is for Danish styled occasional chairs from $29. is Ethan Allen decorated rockers from $37.50 is fireside chairs, decorator type, from $55 Is Tomorrow I The annual Christmas party Jfor the blind will be tomorrow 7:30 p.m. at Wilmington Manor Lions Club, off the Du Pont Highway in Wilmington Manor.

Open free to all blind persons in Delaware, the party features local entertainment and refreshments. It is spon-' sored by the Delaware Commission for the Blind. is for junior floor lamps with shades, from $19. is innerspring mai'ress, Simmons from $29.00 is hideabed by Simmons $199X0 is for gold tooled leather top tables, from $29. is lounge chairs, big ones, for Dad from S59.C0 is for marule top lamp tables from $39.00 is for nylon upholstered sofas from $199 is for oval braided rugs, 9x12, $39.

is for kitciien utility cabinets, metal, from $15. Typhoon Opal Cuts Over S. China Sea MANILA (UPD Typhoon Opal, downgraded to a tropical storm, headed into the South China Sea today after a destructive thrust across the populous island of Luzon. First reports said at least two were killed in a landslide, and three others injured. Damage to rice and coconut crops was esti HI slipper plastic $19 is for tables, maple, Pembroke nest $39 is 'quality plate is rollaway bed glass mirrors and mattress from $19 from $24 is for unusual wall decor from $9.95 is for chairs, uph, is Pennsylvania House tamp tables, from $39 mated at millions of dollars.

is for vanity is for wood is for Xmas gifts lamps, many desk chairs from Brand's that styles from $5.98 maple, $15.98 last for years! Seton Leather wv', a wJ Handbags "TSrn i I by Bonita is York Cty. is zippered apothecary Danish type chests, $59 chairs $29. Save lime and money shop brands first! ills ISA IT BUILPINQj HI Heal leathers! Top-grain cruchrd row hides, that is! With the famous Bonita styling and workmanship. One is our top-selling bag with adjustable shoulder strap. The other is a smart satchel with hand-stitched diamond shaped motif in the tenter.

Both in black, hayride or expresso brown. Only 2 from a collection. the Highlander look she loves: in superlative suede crowned with mink Of course she prefers a Highlander suede coat! There are many special reasons why: the superior quality of the suede skins, the excellence of details, the hidden craftsmanship. All very obvious in our full-length coat with a full-skin ring collar of the silkiest mink ever seen. Truffle or taupe brown with EMBA.

Autumn Haze or Silver mist with Pastel Mink. Sizes 10-16. WHAT WE DELIVER THE WORLD KNOWS IS PAID FOR mmwm COUPANY 5.98 Shoulder Strap. 12.98 Satchel FIfth I Shipley Streets 'Plus tax, 1st FLOOR, DOWNTOWN PRICES CORNER 150.00 OPEN WED. AND FRI 'TIL 9 FREE PARKING: 517 SHIPLEY ST.

FREE DELIVERY FREE LAYAWAY 2nd Floor, DOW NTOK PRICES COR ER No Cover Charge for Arthur' Coin Gift Wrapping When in Doubt Give an Arthur'. Gift Certifieatt DOWNTOWN OPEN 'TIL 9, PRICES CORNER TIL 9:30 EVERY NIGHT TIL CHRISTMAS INCLUDING SATURDAYS.