The Philadelphia Inquirer from Philadelphia, Pennsylvania • Page 3

a (I i 3 THE PHILADELPHIA INOU1KKK. SATURDAY MORNING. NOVEMBER 8. 1 4 1 WORK ON RACETRACK TO BEGIN AT ONCE High Cost of Crabs Come io ill Ul I UUUI U.U I IIUIIII I HE HAD NAZI CODE Roger Kent OUTEKCOATS Now Come in Three Weights Roger Kent 1607 Walnut Street Rhinelander Estate Must Continue Annuity To Ex-Wife, CourtRules MINEOLA. N.

Nov. 7 (U. Surrogate D. Howell ruled today that Alice Jones, mulatto former wife of the late Leonard Kip Rhinelander, was entitled to a $3600 annuity for life from her father-in-law's estate. Howell sustained the New Rochelle, N.

woman's contention that the estate of the late Philip Rhinelander should continue to pay the annuity which was paid by her former husband until his death AN OUTSTANDING COLLECTION I Feb. 20, 1936, and thereafter License Approval Bitterly Protested By Several Groups Immediate start on construction on a mile and one-sixteenth race track in Delaware township, Camden county, N. three miles north of Had-donfleld, was predicted yesterday, as church and civic groups renewed their declaration of opposition. Final approval of the application of the Garden State Racing Association for permission to construct the track and operate pari-mutuel betting was given by the New Jersey State Racing Commission on Thursday. STAND TO HOLD 7000 The track facilities will include a AFTER enjoying a round of deviled crabs and beer in an Upper Darby restaurant on f9th five youyg men walked out, ignoring the check and the cashier, and saving, they thought, a total of $2.2545 cents each.

A nearby patrolman heard the cashier's shouts, however, and a few minutes later the flve William Jacoby. 21. and John Guin-an, 20, of Upper Darby; James Jackson, 21. James Canner, 21, and George Conlon, 20. all of the vicinity of 60th st.

and Cedar ave. faced Justice of the Peace William A. Bradin. They paid this amended bill: Five fines $5. $25; five "costs" (fr $4, $20; original restaurant bill.

total. $47.25. A few minutes later Guinan found a parking ticket on his car and returned to pay a fine of $1. Total cost of five rounds of crabs and beer $48.25. 'Confirmed' Details Of Key to FBI, Wheeler-Hill Says NEW YORK, Nov.

7 U. Axel Wheeler-Hill, one of 15 alleged Nazi spies on trial in Federal Court, admitted today that he had "confirmed" to Government agents the key to a code given hiin In Germany for the transmission of information concerning British ships in New York harbor. The witness, a brother of James Wheeler-Hill, imprisoned secretary of the German-American Bund, had testified yesterday that he spied on British and Allied ship movements for the Nazis. EXPLAINED CODE TO FBI Assistant United States Attorney T. Vincent Quinn on cross-examination asked him about statements ne had made to agents of the Federal PERJURER ESCAPES SECOND JUL TERM ft I SXL A 1 i by Philip Rhinelander until his death on March 8, 1940.

SENSATION IN 1920s The ruling recalled a sensation of the middle 1920's when the blue-blooded Leonard Kip Rhinelander sought an annulment on the grounds that his wife had concealed from him her Negro ancestry. She won that action but Rhinelander obtained a Nevada divorce degree in December, 1929, under the terms of which Alice Jones was paid $31,500 and granted a $3600 annuity. On July 8, 1930, Philip Rhinelander entered into an agreement with Miss Jones in which he guaranteed the annuity payments in the event his son defaulted. The agreement, produced before Judge Howell, provided that "this obligation shall be binding upon my heirs, executors and administrators. When payments ceased after Philip Rhinelander's death Miss Jones, now 41, sued.

Lamps oji Character RECEIVES LIFE MAN fUoRTA.flppiETON 8. CX Sinei 1889. Sanson at 12th Phila. IN HOLOUP-SLAYIWG Bureau of Investigation following his arrest last June. "Did you explain the code to the FBI?" Quinn asked.

"Only after I learned Sebold had I given it to them," Wheeler-Hill replied, referring to William G. Sebold, HP A sentence of life imprisonment in the Eastern State Penitentiary was given Thomas McGrory, 29, of Lehigh ave. near 25th for his i part in the holdup-slaying of Charles J. Blase, 52, in the latter's garage at 15th and York sLs. on Aug.

17. 1940. liHilllHIIU Although Government attorneys asked for a stiff sentence, Raymond Born, former undersheriff of Atlantic county and loyal lieutenant of the jailed Enoch L. (Nucky) Johnson, escaped a jail term on his plea cf guilty to perjury in U. S.

District Court at Camifn yesterday. Judge John Boyd Avis fixed the penalty at two additional years probation, to become effective in 1945 v.hen an earlier five-year probation period for income tax evasion expires. He also fined Born $500. SI RVED 10 MONTHS Born, Republican leader in Atlantic City's 3d ward, served 10 months a one-year sentence for tax evasion at Lewisburg penitentiary and was released last November. Johnson, boss, is serving 10 years there.

Horn admitted he perjured himself on Feb. 1, 1940. when he told a V. S. Grand Jury in Camden that Atlantic City houses of ill fame did rsot pay protection money.

OP.STRICTED JUSTICE Joseph W. Burns, special assistant to the Attorney General, said "Born continually obstructed justice in this investigation of vice and we would to set a precedent." Martin Bloom, defense counsel, declared, hcuever, that "this man has rehabil-nrted himself and is working for a In inc." Judge Avis observed "the man has f-'vcd 10 months and I do not see who would benefit by sending him back to jail." OTHERS SENT TO PRISON The Judge, however, imposed prison tTmp of a year and a day on each of two bootleg still operators. They wr re Daniel Capobianco, 12th st. near Catharine. Philadelphia, who also was fined $700.

and Charles DiMarco, John Forte. Clinton Trenton. Zjto R. Baptiste. of Woodbury, who was found in possession of an illegal still, was placed on probation for five yers.

a counter-espionage agent. CONFIRMED IT "They explained it and I confirmed it," he added. "But if they didn't know that, you would never have disclosed it?" Quinn continued. "That's true." "You don't regard it as a secret code any more?" "No." FAMILY HELD HOSTAGE "You don't mind talking about it now?" "Not at all." Wheeler-Hill had testified yesterday that his wife and three children were being held in Germany as virtual hostages. He said he had refused to spy against the United States and consented to supply information about British ships only to keep his family from starving.

I.ike lo your own hoR? the un-umixI offerings In the Business Opportunit in in today's Inquirer. concrete and reinforced steel grand- stand seating 7000. a clubhouse with accommodations for 1500, and stables for 1500 horses. The entire plant, according to Eugene Mori, Vineland auto dealer, will cost about $1,500,000. He said that the work of leveling and grading the 300-acre tract in the triangle formed by Route 38, Route 40 and Haddonfleld road, will begin within a few days, and that every ef- fort will be made to have it completed for the first racing period approved by the Commission May 1-30, 1942.

The second racing period has been set for Aug. 17 to Sept. 12. The action of the four-man State Racing Commission in granting the application was vigorously condemned by three spokesmen for the forces which have consistently fought such a move since enactment of the law legalizing pari-mutuel betting in 1939. Foremost among those who commented yesterday are Rev.

Dr. Carlton R. VanHook. president of the Camden County Ministerial Association; Rev. Nelson Miles Hoffman, pastor of the Parkside Methodist Church.

Camden, and F. A. DeMaris. chairman of the Haddonfleld Citizens Protest Committee. STRONGEST DISAPPROVAL In behalf of the ministerial association, Dr.

Van Hook expressed "strongest disapproval" of the Racing Commission's action. "The Racing Commission." he said, "flagrantly opposed the desires of voters of Camden county who twice expressed themselves at the polls in opposition to such a track, and also has opposed veritable flood of petitions, letters and telegrams of organizations, various clubs, churches, the Chamber of Commerce and individuals." MAY TAKE LEGAL STEPS He disclosed that a committee is being formed which "will do everything in its power to keep alivt James Roosevelt Cuts Payment to Ex-Wife to $25,000 LOS Nov. 7 (A. A modified property settlement under which Captain James Roosevelt will pay his former wife, Betsy Cushing Roosevelt, $25,000 instead of the originally agreed to was approved today in Superior Court. A stipulation to the reduction was signed by Mrs.

Roosevelt in New York, Oct. 20. No reason was given. When the divorce was granted here March 8, 1940, Captain Roosevelt agreed to pay the $50,000 within five years, with an alternative of $5000 yearly for life. Other provisions of the original agreement stand.

Mrs. Roosevelt received $68,000 at the time of the divorce. Roosevelt later married Romelle Schneider, who had been his nurse when he was a patient in Minnesota. The sinquls' beauty and upeflotive quality of thi nv Elqin iet with 22 fiery diamonds not only removes it from the commonplace but males it an unusual value at $200 HOLLANDER FLEISHMAN i'rrdit Jtutlrri Sinrt Sentence was imposed yesterday by Judge Clare Gerald Fenerty in Quarter Sessions Court. Judge Fenerty and Judges Eugene V.

Alessan-droni and Francis Shunk Brown had held McGrory's sentence under advisement since Oct. 14. at which time McCrory had pleaded guilty to taking part in the fatal holdup. Police still are seeking an alleged accomplice who, according to McGrory, fired the shot which killed the garageman. IDENTIFIED SUSPECT Before Blase died in Women's Homeopathic Hospital two days after the shooting, he identified McGrory as one of the bandits, and McGrory seized a bottle of poison from a table beside Biases bed and drained it.

Upon his recovery he told police he and another man, whom he named, staged the hold-up after a drinking pa rty. MrGrnrv's wife, Grace, fainted when sentence was pronounced and was treated for shock. MOVIE ACTRESS GETS REAL-LIFE ROLE Gene Tierney, beauteous film actress, shown above, jrot a chance to play a real-life part yesterday the saving of her family's fashionable estate in Connecticut, on which the mortpapre was foreclosed. Gene Tierney Gets Chance To Save Family Homestead the public sentiment, against the race track and, if necessary and ad visable, will take any legal steps looking toward the revocation of the license." His sentiments in substance were suit Penn to Mark First Homecoming Day Homecoming; Day will be observed today at the University of Pennsylvania, for the first time since the school was founded. Graduates and former students will return to the campus this morning to participate in a special program arranged by a committee of the General Alumni Society.

At 10.30 A. M. campus tours and the showing of motion pictures of Penn's 1941 football games will begin in Houston Hall auditorium. At noon a subscription luncheon will be served in Houston Hall for alumni, their families and friends. echoed by Mr.

Hoffman, while De-Marls, asserting that the commission's action is incompatible with the public interest, said: "It indicates the need for a local option law with teeth in it. It seems 19 RESCUED IN FIRE AT HOME FOR AGED Continued From First Pare smoke spread quickly throughout the building. Gertrude Bell, 28, of 119 Vine a Negro maid at the home, ran through the building to warn the residents. As they left the building they gathered dazedly in a group outside, watching firemen battle the flames. But officials of the nearby orphanage quickly offered them shelter.

There the older men and women were placed in the infirmary to rest, while some of the others were able to attend the regular Friday night religious services. Later, after Clinton had ordered the home closed, some of the elderly men and women were offered temporary shelter by relatives. The home is not a charity institution, but is maintained by the contribution of those who have aged relatives in it. The building has been standing since 1908, although it was recently renovated. only too clear that we cannot safely entrust local welfare to the hands of North Jersey men who compose the Racing Commission." Special to The Inquirer BRIDGEPORT.

Nov. 7. Gene Tierney today got the big chance of her acting career to play a real-life role: The thrilling part of Our Nell, who rides her trusty steed through storm and strife to save the old family homestead. A Stratford, burgher named Earl D. Sprague, who resembles neither the black-mustachioed dastard of the old Wild West nor the crabbed, dyspeptic Eastern banker, is cast as the villian in the Tierney dramatis personae.

Sprague, apparently unmindful of his social faux pas in suing the parents of the Hollywood-glamorized Gene, now the Countess Cassini, foreclosed a $5000 mortgage today on the two and three-quarter acre Tierney estate on fashionable Clapboard Hill road in Westport. And he did it with full assistance of Fairfield Superior Court Judge Frank P. Mc-Evoy, who added $5.25 in fees on to the mortgage. Court records disclosed that the 8th Circus Elephant Dies in Atlanta ATLANTA. Nov.

7 A. Three desperately ill circus elephants stood forlornly today in a straw-littered tent their great sides heaving for breath while the carcasses of eight dead companions were hauled away to a tallow works. The sick elephants were left behind as the Ringling Brothers and Bar-nun and Bailey Circus pulled stakes and moved on. Elephant men tried to keep the huge animals on their feet, saying if they laid down "they'll just give up." When the show pulled out for today's engagement in Anniston, one of the four, Liz. was so ill that she died within a few hours.

Another elephant r.smed Lizzie was one of the first vi'tims. parents, Belle and Howard Tierney, sat quietly in court listening to their lawyer, J. Kenneth Bradley. State Republican chairman, explain that his clients "are trying to raise the money." Under Connecticut law, the Tier-neys may redeem the house before a "law date," generally set by a court for a year from the foreclosure date. Judge McEvoy has not yet set the law date.

Gene, the 20-year-old beauty who tossed aside a society career for one in the movies, has been battling for months with her father, an insurance broker, over the way in which her screen salary shall be managed. Enjoy the fantastic adventures of handsome, fearless Flash Gordon and lovely Dale Arden on Inquirer comic pages. Film Comedian's Son Members of the commission are Louis A. Reilly, chairman; William H. Cane.

Joseph A. Brophy and John R. Rogers. Manufacturer Hurt By Auto of Ensign The Largest Selection in the East! Th house was owned by the Belle Tier ARROW -arid of proplp will s-tvr nvinry 1o-pur hMr; HTtirlr the "I rlumn 'if The Iruiuurr. Turn to nt nu Stttrei Charles B.

Gudebrod. 65. of Brook-side St. David's, a Philadelphia silk manufacturer, was injured yesterday when he was struck by an automobile near Aberdeen and Lancaster Wayne. He was treated at Bryn Mawr Hospital lor cuts and bruises.

Police said the driver of the car was Ensign George J. Knepper, 22. of the Briar-hurst Hotel. 45th and Walnut attached to the Philadelphia Navy Yard. life $35 Divorced by Wife Mrs.

Marjorie Brendel was yesterday granted a divorce in Common Pleas Court No. 7 from Elmer Brendel, 27-year-old son of the movie comedian. El Brendel. Until recently. Brendel was manager of Town Hall.

150 N. Broad st. They were married in 1937. a family holding corporation set up to handle Gene's affairs before she married Oleg Cassini and thereby incurred her father's ire. On June io, 1933.

the house was mortgaged to the Wakeman Title Mortgage and the claim was later turned over to Sprague. Judge McEvoy granted the foreclosure this afternoon after Gene's 1119 MARKET STREET NEXT TO READING TERMINAL Op Ivtiy tuning ft YOU FEAST! 1 A tlfl At Whitman you Oprn Wednesdays Until A'i Murder Is Charged In Slaying of Wife Special to The Inquirer SALISBURY. Nov. 7. A charge of murder today was placed against Asbury Lewis.

44-year-old chicken farmer, of Willards. who admitted last night that he shot his wife when she arrived home from work a half-hour late. No date has been set for a preliminary hearing. Deputy Sheriff Jesse Pollitt disclosed today that after the shooting the farmer tried to jam a handkerchief down his throat in a suicide attempt. Lewis' wife.

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