Daily News from New York, New York • 132

1 Chair) Get Mobsters 1 alone, Abbandando By AI Binder and Howard Whitman Accuses Father in Court Death their stock in trade while they were paid triggermen for the Brownsville Murder Mob was decreed for Harry (Happy) Maione and Frank 1 Uti (The Dasher) Abbandando at 5:35 P. M. yesterday in Kings County Court, 4. Brooklyn. Hearing the Bad News A blue ribbon jury which I I --'r.

deliberated only two hours and two minutes reached a verdict of guilty of murder in the first degree acclama rr I P3 tion, without even casting a ballot. Death in the electric chair is the mandatory sentence. Both men will be sentenced at 10 A. M. Monday.

Tremble at Verdict. With an arm in tplintM, Helen Carl (right), comes into court with her sister, Josephine. -Helen, 16, said her father beat her with a cat-o'-nine tails, a poker and a broomstick, because she played hookey. The father is free on bail on a charge of felonious assault. Maione and Abbandando, tried W'-Tft I i i 5" it Tv I INDICT LEPKE AMD (NEWSfotol Harry Maione (foreground) and Frank Abbandando (right) hear jury's verdict: Guilty murder in the first degree! FIVE FOR MURDER nesses, Joe (The Baker) Liberto, Anthony (Duke) Maffetore and Abe (Pretty) Levine, were not ac Louis (Lepke) Buchalter, convicted head of .1.

1 i i xaACLs, was eccxctiy inuicteu xur muruer iseverai aays age by a -Brooklyn urand Jury, it wa3 disclosed last night. Five others were indicted with- him, but their identities as well as mb ask u. 5. to I aite Newark Airport for the murder of George Rudnick, a mobster who turned stool pigeon, trembled as they heard the verdict from Jury Foreman Frank Graham. The smug little mobster called Happy was visibly terrified, his eyes bulging with fear, as he stepped to the bench before County Judge Franklin Taylor.

Abbandando, no longer the dashing figure which earned him his colorful sobriquet, leaned sideways for support, his face livid, his lips clamped tight. Pronouncement of the verdict ended the first court test of District Attorney William F. O'Dwy-er's offensive against the notorious band of Brownsville hoodlums which peddled death for as little as $5 a jub. A dozen more members of the mob are indicted for other killings, and will be placed on trial shortly. Accounts of 63 murders are in O'Dwyer's growing collection of evidence against them.

Reportedly the all-male jury was so convinced of the guilt of the two defendants that the first hour and 45 minutes were devoted to discussing legal points. At the end of that time the jurors, as one man, announced their decision. Congratulated by Judge. After the verdict, Judge Taylor held the jurors a few minutes to assure them they had not judged amiss. He read off the criminal records of Maione and Abban-dando, a voluminous history of lawlessness which, by law, could not be disclosed during the trial.

The jury, in turn, sent for O'Dwyer and his assistant, Burton H. Turk us, who prosecuted the case aided by Assistant District Attorney Soloman A. Klein, and congratulated the trio on this first mccpssful assault against a crime syndicate which had flouted the law for years. By death, Happy and The Dasher will expiate the brutal ice-pick and meat-ax slaying of Rudnick, in the early hours of May 25, 1937. "Don't Worry About Me." During the 12-day trial, 27 Trenton, May 23 (IP).

A reso Iution urging the Federal Gov ernment to take control of muni cipally owned Newark Airport an choice of five verdicts acquittal, first or second degree murder, or first or second degree manslaughter. He warned the jury to draw no conclusions from the severance of Harry (Pittsburgh Phil) Strauss from the indictment under which he was originally brought to trial with Maione and Abbandando. Strauss was taken from the courtroom in the first minutes of the trial, after he promised to tell all he knew to O'Dwyer. He later reneged, and is now awaiting- trial for his life in the Puggy Feinstein case. Taylor instructed the jury painstakingly on the law of accomplices, since Abe (Kid Twist) Reles, an admitted accomplice, was one of the State's star witnesses.

Any testimony by such an individual must be corroborated by "independent proof which tends to connect the defendant with the crime," he cited. Catalano Not Accomplice. He held, however, that Angelo (Julie) Catalano who drove Rud-nick's body away in the murder car and dumped it outside 1190 Jefferson Ave. was not an accom to make it part of the nation's delense program was adopted to the identity of the victim or vic-tims were not divulged. The indictments are not expected to be made public for several weeks.

Kings County District Attorney William F. O'Dwyer, who has been waging bitter war on the murder syndicate, refused to confirm or deny that indictments had been returned. "No comment," he said. Buchalter is now in Leavenworth, Federal Penitentiary, serving 14 years for narcotics peddling. When he finishes there, he faces 30 years to life in Sing Sing for extortion in the bakery racket.

At the time he launched his investigation of the syndicate, O'Dwyer said he had obtained confessions from several members of the mob that they had been hired by Lepke to commit murders. night by the ftew Jersey Assembly Addressed to Congress and tb War Department, the memoria complices at all in the actual killing, the judge told the jury. Maffetore and Levine admitted stealing the murder car, at the behest of Strauss, and Liberto told of watching the movements of the killers from a gas station across the street though he insisted he did not know what deed was planned. Denounces Alibi. Prosecutor Turkus, in his summation, tore into the Maione alibi.

Testimony that the little Sicilian was at his grandmother's wake when the murder was done "has collapsed like a house of cards," Turkus asserted. Why did the State produce an admitted killer like Reles as a witness? "Because," thundered Turkus, "for three years the police tried to crack this case from the outside. It couldn't be done. This case had to be cracked from the inside we had to get the killers themselves to break it." At one point in the summation, defense lawyer Alfred I. Rosner objected so persistently that Judge Taylor, after twice ordering him to sit down, called a court guard to keep him in check.

Turkus ended his address with a demand for conviction for murder in the first degree bringing a mandatory death sentence and no compromise. He spoke from 10:25 A. M. to 12:15 P. M.

was sent to the Senate by a vot 'j of 36 to 19. Pope Sees Taylor Vatican City, May 23 UP). Pop Pius received Myron C. Taylor President Roosevelt personal en voy to the Vatican, today. The Neighbors 6 George Clark plice in the murder, since he knew nothing about it until the deed was done.

Ironically, all Catalano is guilty of in the sordid drama, according to Taylor, is a misdemeanor for illegal disposition of a human body. The other three key wit Waives Alimony9 Wants Bahy prosecution witnesses fitted together a jig-saw of evidence to thow how Rudnick was lured to an Atlantic Ave. garage, and there ice-pieked 63 times, garroted and finally given the coup de grace with a meat cleaver when he emitted a dying wheeze which was mistaken for a sign of life. Maione and Abbandando never thought they would die for the Rudnick murder. Both were cock-sure yesterday morning that they'd beat the rap.

Maione, as he stepped from a prison van. snorted to attendants, "Don't worry about me. The worst I'll get is second degree murder." Abbandando, with all his old-time bravado, boasted, going home to have spaghetti cn Sunday." But spirits waned as the day wore on. Maione, his countenance a mask of death, broke out hysterically in the midst of Turkus' summation: "Abie Reles told you everything; Abie Reles told you everything!" he blurted. Guards leaped to Mai-one's side.

Police Capt. Frank C. Bala, in a chair nearby, jumped to his feet. Spectators stood up tensely. Maione, with the hands of three guards upon him, finally sat back after Defense Attorney David Price calmed him.

"I'm sorry, I'm sorry," the little gangster mumbled. Judge Taylor, In his 90-minute charge to the jury, gave them the Hollywood, May 23 (U.R. Brenda Marshall, film actress, today filed auit for divorce from Richard Houston Gaines, actor in the stage play Lincoln In Illinois." She says they were married in New York Sept. 30, 1936, and he deserted her May 18, 1939. She asks custody of their daughter Virginia, 2, and waives right to alimony or support money for the child.

1 "Just minute I'm afraid I threw away a coupon top I wanted to save. Brenda Marshall.