The Los Angeles Times from Los Angeles, California • 2

2 MARCH 2, 1949 3 tOSgngClCgCnttCg Airman Seized as Smuggler JUSTICE J. M. YORK" DIES UNEXPECTEDLY Decisions During Long Tenure in State Court of Appeal Vitally Affect Law Justice John M. York, 71, Presiding. Judge of Division I of the California Court of Appeal and one of the West's outstanding legal figures, died unexpectedly.

Monday night at of Four Aliens I -v his home, 1832 Virginia Road Although the justice had been ill of a heart ailment or two months, he was believed recovering and was expected to return to the bench soon. Decisions by Justice York during his long tenure on the bench have vitally affected California I 1 1 -wit i 2 A i law. An example of hi3 legal thinking was his dissent in the gambling barge trial of Tony Cor-nero Stralla several years ago in which he said that the State con trolled ocean waters from land point to land point and that, to Jerome Ferreri as a brute; a bully, a beast and a lover. She was quieter yesterday, appeared worn from her complete collapse Monday. Time photo COURTROOM SCENEBetty on the witness stand, is visible in right, background; jury is at the left! Yesterday she branded the slain MRS.

FERRERI'S HORROR STORY Arrivals From South of-Border Also Held by Immigration Men An Eh Centro plane pilot and four Mexicans yesterday were held by Immigration authorities for what officials said was air smuggling of aliens into the United States. The pilot, Richard G. Wachter, 23, of 791 Adam El Centro, was arrested at Indio after allegedly debarking the four Mexican aliens at Arlington Airport near Riverside. He denied the charge. T'v.

Dep. M. L. Vivion, of the Riverside Sheriff's office, said that K. A.

Gemende, manager Arlington Airport, phoned that an Aeronca Sedan plane, NC 1029-H, had landed in a far corner of the port and that four men jumped out. The plane, door still open, took off immediately, Gemende told When Wachter's plane landed at Indio a short time later, deputies met him and placed him under arrest. He was turned over to Immigration officials at Col-ton, and also will be cited to the Civil Aeronautics Authority, according to Vivion, for carrying more passenger. than the CAA permits for that type of plane. Vivion said the Mexicans told him each paid Wachter $40 to fly them to Indio from Mexicalt The four, Carlos Mandahana, JesuS Ramirez, Ignacid Cortez and Jesus Ebara, are held as material witnesses by Immigration officials.

Widow Calls Husoand Beas With Tuppy Eyes' New Jersey authorities concern be in Federal waters, a ship must be the required distance beyond such an imaginary line. This in terpretation subsequently was upheld by the State Supreme Court. Native of California Justice York was born in Berkeley Jan. 29, 1878. He was a graduate of Throop Polytechnic Institute, Pasadena (now the Call fornia Institute of Technology) and of the University of Virginia's Law School.

He began his practice in Los Angeles in 1899 and was admitted to practice before the U.S. Supreme Court in 1905. While engaged in private practice before his election to the Superior Court here in 1912, Justice York served as legal counsel to Sun Yat-sen, Chinese revolutionary and founder of the Chinese Republic. Justice York was appointed to the District Court of Appeal in 1926 by Gov. Richardson and had served as presiding justice of the Division 1 of that court since 1937.

Ballistics Expert In addition to law, the jurist, who was trained as an engineer, was a ballistics expert and was a life member of the National Rifle Association. An ardent fisherman, he also belonged to the Tuna Club. Other club "affiliations included the ing Ferreri's police record and de OBSERVANCE OF PRAYER DAY URGED BY MAYOR Only divine wisdom and the following, of God's commandments can help the nation and the world in the bewilderment and misunderstanding of postwar years, Mayor Bowron said yesterday in asking Los Angeles residents to join in World Day of Prayer Friday. In his proclamation the Mayor urged all citizens to attend special services in the churches "and call upon God to aid in the establishment of lasting peace, good will and brotherhood throughout-the world." Receiving the proclamation were Mrs. Frederic P.

Schrader, president of the Los Angeles Council of Church Women, which sponsors the observance here; Mrs. Ronald D. Holcomb, chairman of World prayer Day, and Dr. Warner Muir, pastor of Wilshire Christian Church. Churches in 15,000 American cities and 71 foreign countries are' uniting in the observance.

tention in a home for incorrigi bles. She delineated several ar Betty Ferreri, on trial for the murder of her husband last Oct. 26, was called on yesterday to tell things she wants to forget the horrifying vicissitudes of life with Jerome Ferreri during the seven rests of -her husband, each for some kind of assault. Beating of Dogs CAREER ENDS Justice John M. York, outstanding legal figure of West, dies.

University Club and the Los Angeles Athletic Club. Justice York's father, Waldo M. York, was a noted Superior Court Judge here for many years. His grandfather, the Rev. George F.

Whitworth, came across the plains to found Whitworth College in the State of Washington and establish the Presbyterian Church on the Pacific Coast. The justice leaves his widow, Mrs. Louise Bashford York, and a son, John Marvin Jr. Funeral arrangements are pending and will be directed by Cunningham O'Connor Mortuary. Funeral services will be conducted at 2 p.m., tomorrow at the chapel of Cunningham O'Connor, 850 Washington Blvd.

Burial will take place in Holy Cross Cemetery. Then she explained what she years before he met his death in the butler's pantry of the Ferreri home. had heard from friends about her husband's sadism. She told the jury of five women and seven men: In her testimony in Superior Court she branded him as a sadist, an Incorrigible brute, a bully, a beast and a lover who kissed her feet and then looked up at her "Then he worked two weeks for the Santa Fe, going to school learning to be a switchman," she continued. "He got $40 a week for going to school, I think.

And that was the last job he ever had." That was in 1914, shortly before the birth of the couple's only child, Vincent II, named for the slain man's father. Mrs. Ferreri said she went to the East for the birth of the child. At first, she and her husband stayed with their in-laws, she said, but constant bickering between Ferreri and his father caused her to move to the home of her own parents. -Later, she said, she moved to New York with her husband.

They lived in a small apartment. Tearfully she told of the last weeks of her pregnancy. Locked in Closet "He was out most of the night and slept all day," Mrs. Ferreri testified. "Sometimes he would "They said he used to string up dogs in cellar and beat their brains out with a baseball bat.

Then he would put them in a burlap bag and put them out at with big "puppy eyes." It was not an easy revelation for the ash-blond widow to make, Auto Agency Aide Accused of Embezzling the front of his house. She was tired from' the trying day Monday when the court ses "There was a neighbor, they sion ended with her collapse to said, that had a He cut the SHUCKS, IT'S ONLY MONEY heart out of the goat and took Heavy Seas Cause More Damage at Redondo the floor of the witness 6tand. She epoke slowly, at times groping for words, when she re Generous Soul in Jail for Tossing Bills Away sumed testifying. Her voice was soft and unimpassioned. Once in a while she quickened the pace of her words.

Once in, while she wept. Occasionally, when she contin Heavy seas again pounded Redondo Beach yesterday. it home to his mother to see how she would act. "I saw Jerry many limes beat up his parents and me." There were constant interruptions as she testified and in the testimony spoke inadmissible sentences. Dep.

Dist. Atty. J. Miller Leavy voiced objections; Judge Fricke admonished her; Hardy patiently pleaded. At times the wit lock me In a closet and tell me to stay there.

He would gag me. He would threaten to kill me and the baby even before the baby was born. He wished the baby would be dead all the time. "He would bring a girl up and I ued to jtalk beyond the scope of the, question and received a reprimand from Judge Charles W. ness rushed breathlessly from sen Use of core rocks is a controversial subject at Redondo, some residents declaring it was such rocks that were flung through their windows and barricades by the sea's onslaught last Thursday and Friday and Monday of this week.

However, city officials said they were the most available, and should provide some defense against high water. Side streets again were flooded, although the crest of the morning high tide was only 4.8 feet. Evacuated families still were being cared for by the Salvation Army and the Red Cross. They ripped out the front of a home at 414 Strand, and damaged the foundations and front rooms of the dwelling, probably beyond repair, the owner Maj. L.

W. Clark, said. The house is next door to the site of one razed after it was wrecked by the waves about six weeks ago. City workmen yesterday were shoring up the coastal defenses against the. ocean with core rocks placed inside the breakwater where the concrete walk, formerly flanked the Strand.

Booked as drunk at Hollenbeck Jail, Carl was philosophic about it all: "Hey, kiddo," he explained, "I threw eight or nine bills away, I wanted to give the boys a good time. wrong with He pulled "out his empty pockets, shrugged, and added: "It's only money." Carl Hoffman's effort to free himself of the bondage of money landed him inthe lockup yesterday. Carl, 58, no home, stood on the 6th St. Bridge tossing dollar bills to a scrambling score of youths on Anderson St. some 100 feet below.

Officers G. T. Proctor and P. B. McGarry said the dollar shower nearly caused a riot.

tence to sentence in an attempt to avoid breaks in her narrative. Mrs. Ferreri testified that she would hear them. He would tell me not to make a sound or he would beat my face. Then he and her husband came to Cali would come back and expect me fornia in 1913, shortly after her to feed him.

To cook for him." Charges that he embezzled $6974.08 from his employer, a Hawthorne automobile agency, yesterday put Arthur J. Muir, 47-year-old bookkeeper, behind the bars of the Hawthorne City Jail. Police Chief M. R. Baumgard-ner, who took Muir from the custody of Los Angeles police booked him on suspicion of grand theft, said the accountant was believed a habitue of a draw-poker gaming establishment in nearby Gardena.

Muir denied any knowledge of the alleged shortage in accounts of his employer, but Miss Ruth Jones, a secretary, discovered the shortage, according to police. She is said to have told Chief Baum-gardner that a check drawn by the auto concern was returned for lack of funds and this led to checking which uncovered the shortage. Muir, according to her story, discovered her as she checked his accounts on Feb'. 24. He hurriedly left the agency for a "dentist's appointment," then failed to return to work.

Police arrested him at his living quarters, 3049 8th Los Angeles. husband's release from jail. Dur Mrs. Ferreri said she was beat ing his stay in jail, she told the jury, he attempted suicide. She said that officers advised her it en even on the morning before she went to the hospital for the birth of the baby.

She told of going to the hospital alone, say- would be wise for her and Ferreri "to move out of New York and VOLUNTEERS BEGIN RED CROSS CANVASS "I put on a coat and went down New Jersey." to a cab. I told the cab driver to Describes Beatings The defendant said that prior take me to a 'hospital, I was go-' ing to have a baby. He told me to to coming to California she had suffered, "three or four" miscar get in. He said he'd take me. 'But don't have the baby in the Cross volunteers your friends and neighbors call for your 1949 donation.

Remember, your gift provides miracles every day." cab'." riages, which she blamed on beatings from Ferreri. He didn't want Frlcke, who is hearing the case, she appeared bewildered and sometimes hopelessly stymied. Mrs. Ferreri usually rebounds from rebuffs readily. Yet the strain of courtroom experience frequently manifested itself yesterday.

At one time she bent over to rest' forehead on the rail of the witness stand as she wailed: "Jerry's hurt me so much, riease don't make me tell those things. I want to forget them, Jlr. Hardy. I'm' so ashamed." Jack W. Hardy is her attorney.

Her codefendant in the trial is Vincent Charles Fauci, 35, Fer-reri's distant cousin. He is represented by Atty. William H. Tells of Marriage Mrs. Ferreri began her testimony yesterday with a recital of her meeting Ferreri in 1941 when she was only 18, of.

their common-law marriage in August of that year and of their subsequent elopement and legal marriage in December, 1Q41, in New York City. (Hardy had the marriage certificate in his brief case. The month in the date had obviously been changed. He said that Mrs. Ferreri told him the changes had been made in order to square matters with the.

parents of the Then she related information Which, she said she learned from Vincent II was born four, days Liquor Store Ruling Asked The State Board of Equalization yesterday was asked to specify exact distances at which liquor stores or taverns may be established in areas near playgrounds and schools. The Board of Supervisors made the request in a resolution which stated that there is "confusion in the interpretation of present statutes," and that the "county's recreation program is being jeopardized by location of liquor stores." children, she' said. She described their first year in Mack Gordon Wins Delay in Suit of Wife Mack Gordon, song writer, yes-terday was granted a continuance until June 8 for his divorce hearing, on the ground that his studio chores take "the full contribution of his mind and his emotions," leaving him unable to concentrate on his divorce. Gordon Is being sued by his later, she told the jury. She and Ferreri left the child with Ferreri's parents in New Brunswick, N.J,, a few weeks later and returned to California, she said.

California as a year of job changing and quick dissolution of their $700 savings. She worked as a Thirty thousand doorbell pushers went to work in Los Angeles yesterday under the banner of the Red Cross. They seek donations of to meet the mercy agency's 1949 fund-raising goal. They're all unpaid volunteers. Most of them are giving up things they'd perhaps rather be doing than asking for funds.

In their behalf Clarence S. Beesemyer, general chairman, said: "Let's all unlock our 'doors and open our hearts when these Red waitress, she said, and changed jobs often because of Ferreri's Then more jobs for her, more quarrels and a return trip to the East. interference. Mind Hygiene Andy Devine Loses His Motor Scooter. Andy Devine lost his motor scooter.

The film comedian's partner in an airplane business, Wilton R. Trobert, reported to Valley police yesterday that someone had stolen the Scooter from behind the hangar at the airport, 12930 Pierce St. Paco'ma. She said her husband worked "We went back in May, 1945," for three weeks dishing up "spag Talks to Open Mrs. Ferreri related.

"We had enough money, to buy a home. But we didn't buy. Jerry and his father couldn't get along. Six institutions, which last year received nearly $140,000 in Com "Jerry's father told him, A wife, Mrs. Elizabeth un Soloists for Oratorio, 'The Seasons Chosen Brunetta Mazzolini, soprano, Bresee Westmoreland, tenor, and Stephen Kemalyan, bass, have ii ii.

munity Chest funds for education and treatment of emotionally dis hetti" in a restaurant, only to quit when the boss offered suggestions; that he operated a concession in another restaurant for three months, leaving after another quarrel with management; finally thai he took another cafe job which ended when he tried to emphasize his directions with a knife. SKunK siuiks sut monins ine year; a son stinks the whole year turbed adults and children, will send delegates to the Governor's long. The stink you left in New Brunswick was just beginning to been chosen as soloists for the Conference on Mental Hygiene at 1 Nsv" v1" Bureau of Music's performance of Turn to Tage 6, Column 3 Sacramento tomorrow and Haydn's oratorio, "The Seasons," Chest-supported agencies which which will be presented March 28 at 8:15 p.m. in the Hollywood der his own name, Morris Gittler. She charges cruelty, stating that he used abusive langauge and struck her several times.

They have one child, Rober Mack, 6M. Meanwhile a restraining order will be in effect preventing Gordon from disposing of any community property, Superior Judge Orlando H. Rhodes ruled. Chief item of property Is a house at 1525 Sorrento Drive, Pacific Palisades, which Mrs. Gittler said is valued at $200,000, High School auditorium.

Featured in this special program presented will be represented include the Los Angeles Psychiatric Service, the Southern California Society for Mental Hygiene, Child Guidance Clinic, Resthaven and the School Guidance Clinic sponsored without charge by the city of 5 I Los Angeles will be the 300-voice Greater Los Angeles Chorus and an orchestra under the direction of Dr. Hugo Strelitzer. by the Parent-Teacher Associa tion 10th District. of Endorses Forming of Reserve 11 -5. 1 I1 A'f -1 7 Boy Bandit Picks Police Officer as Holdup Victim 4, I' in National Guard Creation of a National Guard Reserve to succeed the old State Guard which was replaced when the California National Guard received Federal recognition following the war has been endorsed by the Lbs Angeles Chamber of Com-merce.

Senate Bill 185 and Assembly Bill 375, introduced by Los Angeles legislators, would make the change. Under their provisions the reserve would be organized and trained without expense to the State. It would take over local side. Dont try anything funny. I have a buddy up the hill with a tommy gun." Oaks reported further that his revolver jammed in its holster and when the youth saw his attempt to draw, he opened fire with an automatic rifle.

Oaks jammed his car into gear and sped away as the boy bandit punctured the automobile with bullets. Traced to Home The youngster a captured through a license number obtained earlier by Oaks when he checked over an empty car parked near Police Academy. It led to Ey-mann's home at 2701 Rosanna where Lt. Edward Barr and Sgt. 1 I 9 If 15-year-old Wesley C.

Ey-mann had looked for a lifetime he couldn't have found a less propitious place or a more dangerous victim in an armed robbery attempt charged against him by police early yesterday." For. young Eymann, who told police he wanted money to buy a motorcycle, assertedly robbed Joseph M. Oaks, radio policeman, and a girl friend of $84, More, he freely admitted firing 11 shots at the couple as they drove away. And finally, police disclosed that the holdup, occurred within a few feet of the Police Academy and pistol range at 1880 Boylston St. Revolver Jams Oaks, who lives at 1D0S West-mond Drive, Alhambra, said he had "just left a meeting at the Academy, -accompanied by Miss Marilyn-Hinkinsr 2424 Echo Park Ave.

He was entering his car when a figure he later identified as Eymann demanded: "Throw all your money out 7 security functions of the National Guard in case of the latter's induction into Federal active v. i. i -V I 1 I ft A-' Robert Swann said they found the boy cleaning a rifle. They recovered the stolen money. The.

youngster, on probation from a previous robbery charge, said he was Intrigued with the possibility of becoming a motorcycle racer. "It's real dangerous, that motor racing," he told juvenile officers. Morris B. Pendleton, chairman of the Chamber's military affairs committee, said sponsors the National Guard Bureau and the office of the Army Provost Marshal feel the move is required because of "the rather alarming growth of subversive groups" in this country. Viiiiw DOORBELL RINGERS Studying map of city to arrange canvass for Red Cross funds are, from left, Florence Wickersham, Mrs.

Frank Jones and Alexander Adams. 'BE STRONG' At the afternoon recess yesterday in her trial for murder of husband, Mrs. Betty Ferreri is consoled by father, George Laday Sr. "Be strong," he advises. Tynes photo.