The Boston Globe from Boston, Massachusetts • 3

TilE BOSTON DAILY GLOBE WEDNESDAY, DECEMBER 29. 1934 Thre way with a number of men Mc HEARING Daily Fire Record Ardle said were engaged in lottery 42. of 38 Union Woburn, appeared without counsel but decided later in the hearing that if Continued from the First Page operations in Worcester, Middle A. M. MI Dedham Pilot, 'Uncle Sam9 to Austrians, Dies in Crash Tima t.ii Automobile, owned hv John J.

Delane.v. 1S80 3547 Several Snub Summonses Blue Hill Matlanan MOfl Several other witnesses who 1321 11:33 ok Portland west tnti; owned and occupied by Genchwind Foam Prod- ucta Company. 1100 sex and Plymouth Counties. whether he and Pino are associated In business, Costa invoked the protection of the 12th Article and declined to answer. He admitted owning a Summer borne in Tembroke, but refused to say whether he operated any lotteries from there and where he gained Income to support this establishment.

knew the Commission was going ti ask "all those questions" he would have brought an attorney. Venlns, currently on probation from Middlesex Superior Court for conviction on charges of setting up and promoting a lottery, said he is working In a Boston liquor store. He also declined to answer all questions concerning purported lottery operations by were ordered to appear at yesterday's Commission hearings failed to respond to summonses. What action will be taken to compel them to' respect the Commission orders was also left undecided. 311 r.

m. Bumham Foxburv: owned and occupied by Morrii Aronofiky Son. 100 The next regular meeting of the Commission is slated for Jan. It. The Commission will expire Jan.

26 LINZ, Austria, Dec. 28 (UP) An American pilot known as "Uncle Sam" to thousands of children for his mercy missions throughout Austria, was killed to-day when his plane crashed on a routine test flight. The same little plane that brought acclaim to Capt John A. Hayes, 38, of 14 Crowley av Dedham, carried him to death in the hills 10 miles from Linz. An enlisted man died with Hayes, but his name was withheld pending notification of next of kin.

Hayes was a United States Army aviator who became the personifi cation of the United States to Austrians of all ages. His little Army reconnaissance plane turned up when they were in trouble, and they nicknamed him "Uncle Sam." Last Winter he rescued avalanche victims. Last Summer he aided sufferers during the Danube floods. At various times he carried aloft more than 100 children for high altitude trertment of whooping cough. Stationed here, he married El-friede C.

Eggers of Germany. They adopted an Austrian boy and ori Dec. 1, he applied for the visa to take the boy to the United States. Hynes to Check on Sick Leaves X4xi unless extended by the incoming Legislature. Whether the Commission will seek to extend its own life was also left unanswered when himself or others.

Final witness of the day was Walter E. Bennett, 42, of 673 Tremont st. in the South End. Bennett also said he had a second address on Grove Norwell. Questioned as to treasury balance lottery operations, money-lending, the renting of furnished rooms and running of a pool parlor, Bennett refused to answer, invoking the 12th Article.

He -v of City Workers A warning that he is cracking DROWNING VICTIM Harold CHUM- Pair SHEPPARD Continued from the First Page down o.i sick leaves of city employees and will hold tip their pay until they make written notification of their ailments was issued yesterday by Mayor Hynes. TRIED TO SAVE Richard Bienvenue, 10. Margosian, 3, of Lawrence. In deciding the defendant's Verlinger put it, "and that is what degree of guilt the jurors Representing both Costa and Cunningham as counsel was attorney Pari T. Smith.

When Cunningham was granted immunity by the Commission, Smith asked that questioning of his client be postponed until he had an opportunity to get a printed copy of the Supreme Court decision on Cabot versus Corcoran aid study It. "Until I can study this decision," Smith told the commission, "I cannot properly advise my client on his rights." Smith's request was denied by Judge Cabot, who pointed out that the decision has been available for public scrutiny for more than a week. "I must then advise my client to respectfully decline to answer the commission's questions unless ordered by the court," Smith said. In response to questions as to whether he has been engaged in the distribution or sale of treasury balance lottery tickets with either Tino or Costa, Cunningham declined to answer unless ordered by the court, He also declined response when questioned as to whether his father-in-law had operated a lottery and whether he ever saw any lottery tickets around house. The 38-year-old Cunningham, who admitted he is on two years' He also told his department heads that time off was "being abused." He advised department officials to discourage overtime work, contending the employees FromMedford Liquor Store MEDFORD, Dec.

28 Two men, both carrying revolvers, held up readily admitted to court records of convictiqns on previous charges for booking horses and numera as well as setting up a dice gam in Nojn. -i He aenled that he has any financial interest in the liouor buslnesa today, but declined to anw question as to whether he had ever engaged in the illegal traffic of liquor in Prohibition days. All four witnesses stalked boldly into the State House hearing room but as soon as news photographers moved to photograph them, they hastily covered their faces with their arms and hats. i get much balancing time off for holidays and other reasons. perused closely a copy of the instructions given them by Common Pleas Judge Edward Blythin.

As Kollarits related, "We started from the top. We took up the electric chair first and worked down from there." the last meeting of the current year ended yesterday. Indications are that Judge Cabot will confer with Gov. Herter soon after the first of the year on the matter of extension through 1955. A second kin of Pino wis among those testifying before tbr Crime Commission yesterday.

Vincent -Jlmmle" Costa of Fuller Dorchester, admitted belnr Pino's brother-in-law but, for the most part, declined to answer other questions of Commission counsel Thomas McArdle. In every case, Costa invoked the 12th Article of the Massachusetts Constitution as protection against self-incrimination or the use of his own evidence against himself in any future court proceedings. His face flushed, Costa sat holding his right hand over his heart throughout nearly an hour of questioning by McArdle and other Commission members. He steadfastly refused to tell his occupation, and whether he has been engaged in any form of gambling operations during the past six years. Postponement Denied He also declired to say whether he knew or was associated in any Charles J.

Fox, administrative services director, explained the new sick leave regulations and said they would prove helpful to workers in serving as proof lor new Federal income tax deductions allowed for sickness and in Raised Hands Affirmed Verdict In this part of the discussion no jury. DROWNING Continued from thi First Page The father narrowly escrped a similar fate as a youngster at the same spot The Rock when he fell through the ice while fishing. Never forgetting his own escape, he had stressed the river's danger to his son many times. Bienvenue told police that when Harold fell into the water he yelled to him to hold on to a firm piece of ice and tried to crawl out to him, using a plank he picked up on the shore. When he found the plank too short, Bienvenue ran for aid.

Unable to Locate Body ballots were taken. Jurors indi cated their opinions by a show of hands. The possibility of a first Judge Raps Effect degree conviction was talked about for little more than an hour. There of Limitations Statute Earth Tremors in Argentina BUENOS AIRES, Argentina, Dec. 28 (AP) San Juan, almost destroyed by an earthquake 11 years ago, experienced two sharp tremors just before last midnight.

Two children were injured and the property damage was minor. Most residents slept outdoors tht rest of the night. were no strong partisans for this probation from the Federal Court for violation of the wagering tax verdict, and the jury next took up the second degree question. in Brink's Theft Case law, said he is now employed as It was this issue that was dis a roofer at $70 per week. Another witness Louis Vcnios, cussed most thoroughly.

There was The Federal three-year statute a "very brief discussion of man of limitations, which outlawed slaughter as another possible finding and then the panel returned prosecution for armed robbery of the group that held up Brink's. to the second degree topic. All 12 is much too short a time to limit Bienvenue ran home and told his hands were raised affirmaively. we were interested in." "In addition, we didn't feel that the story told by Dr. Hoversten was too important." Dr.

Lester T. Hoversten was a c'ose Iriend of the defendant. After he was accused of the murder Dr. Sam's family, hj became a state's witness and told how the defendant confided that he was thinking of divorce. "I think most of the jurors felt that way about those witnesses," Verlinger said.

"We were giving Dr. Sheppard the presumption of innocence that he was entitled to, and because of that, I think all of us waivered at one time or another." Barrish Was "In the Middle" A juror who had a "question mark" on his first ballot was Barrish. "I was sort of in the middle," he related. "There was a lot of evidence, and all of us wanted to clear up some things before we committed ourselves." Barrish also said the testimony of Miss Hayes "had hardly any bearing on the case." He said he felt there were "some loopholes" in the account given from the witness stand by Dr. Stephen A.

Sheppard, the defendant's brother, "as to the surgical instrument." Of the testimony by Coronor Samuel R. Garbcr, Barrish said, "the state wasn't able to do anything with it, so we weren't, either. It would have had a lot more significance, of course, if we could have seen the murder weapon." Dr. Gerber had testified he found the imprint of an object on the dried blood of the murder victim's pillow. He added that he thought it was the "impression of a surgical instrument." But he added later that some other object might have made the imprint.

"Our verdict was based strictly on the evidence," Barrish assert prosecution for such a crime. Shortly after this the time was Judge William T. McCarthy de mother what had happened. Mrs. Bienvenue rushed across the street to the Margosian home.

At the house were James Margo clared yesterday in i ederal court. Criticism of the statute was maoe about 4:10 p. m. foreman James C. Bird sounded the buzzer and Judge Blythin sent a bailiff to the deliberation room.

by the judge during a discussion filene's of the outlawing of several income sian, tne Victims granumuici, owner of a trucking concern, and thrpe enmlovees. Armand Parent. At no time did the jurors feel tax cases. The FBI, he said, often takes longer than three years to that they would be unable to reach 4 i HOLDUP VICTIM Edward Zakon of Brookline. 5 Tove Henry Mailhot, 390 a verdict.

ine tnree men saia complete investigation of a crime there was "no clock watching we of such magnitude. the Valley Liquor Mart, 69 Valley felt we had a job to do." Although many of the jurors and escaped with $198 shortly before 9 tonight. wavered in their opinions, first favoring an innocent verdict and Victims were iidward Zakon of Odd Items From Everywhere Thirteen years ago Antoinette then a guilty one, none ol them Salem and William O'Brien, Kingston and the boy's mother, Rita. The four men hurried to the spot but could see no sign of the boy. Police and firemen were called and began dragging, but hadn't found the body by darkness.

A fireman, Donald J. Willette. dove in a frog suit and reported there was a large hole on the river bottom at that spot which he was unable to probe fully. Park Brookline, proprietor, and was either stuDDorn or agamsi Eugene Hayes of Fellsway West. very special opportunity elerk.

modifying their views after listening to their fellow jurors. Juror Kollarits Wavered A customer. Norman Hanson of 1 vJ iX Roy of New Hartford, seemed doomed to an invalid's life because of complete paralysis brought on by a childhood fall. Oak Needham, who entered the store while the holdup was in oroeress. was not molested.

One of those who waivered was Persistency, however, conquered Kollarits. "I changed my vote 'v X- lrr ft several times, he said. "There was part of her disability as she gamed Dartial use of her right hand by When Zakon started to wait on the two robbers, he and the clerk were ordered to lie down behind thp counter. Hanson arrived and one time wnen 1 just couian i Harold Margosian was tne oldest of five children, In addition to his parents he leaves two sisters, Sharon 7, and Shirley, 6, and two brothers. Garry, 4.

and James, 2. vote." Our lowest price in yean for fur coats and jackets of this quality every fur piece brand new and fresh out of their wrappings! Kollaiits recalled an early stage was forced to join the others. faithful exercise, and finally was able to earn a good living by selling aprons, dolls, and other gifts. Now she is going to apply the profits of her business to an operation in the deliberations when the jury He was a third grade pupil at While one robber covered the trio, his companion emptied the was evenly split six for guilty the Saunders School. ed.

The final arguments were very dramatic, so we went to the evi cash register. which she hopes may result in her and six for not guilty, 'in tne last four hours," he continued, "we had difficulty determining the The robbers were described as dence instead. It was the facts that walking again, if only with the aid of crutches. both being about 30 years old. One impressed us." get details, and I think it was try ins to confuse the jury." meaning of certain words in the was six feet, two incnes xau, For two trial days six attorneys The three jurors said tney were three for the defense and three judge's charge.

t's what was holding us up then. We felt we When he became rigid from his now convinced Deyona any doubt" that Dr. Sam was guilty weighing about 190 and wearing a tan sport hat with gabardine topcoat. His companion was five feet, eight and weighed 160, with for the state gave long summations of their views to the jury, should go along entirely witn wnat the law said." but Judge Blythin, in a preface iyirA ill I If lii and that he had received a fa' trial and a fair verdict. i tor 4 neck to his knees with arthritis and was faced with the prospect of having to stand at all times except at bedtime, Paul Rugroden of Devil's Lake, N.

rigged up a He added that the issue of news to the lawyers' remarks, warned sandy hair and a sum iace. How the accused murderers paper coverage of the case, raised critically by the defense counsel, was not discussed in the delibera story of the struggle with an intruder in his home affected their that the evidence came only from the witness stand. Mahon "Did Best Job" car which allows him to drive standins up. Made up of parts tions. "Personally, although it final decision was a secret tne Dead Dedham Flyer Was Due Home Soon didn't effect my vote, he said.

"I three men said they would con from old autos, the macnine nas a four-horsepower air-cooled engine tinue to keen. None would say felt the papers had a right to do what they were doing. They're and travels at 30 miles an nour, what parts of the evidence led to their final vote on second degree out to inform the public. "In my opinion, Barrish said, "Mahon (assistant county prosecutor John J. Mahon did the best job of all the attorneys.

He didn't waste time on anything. He stuck While she was brushing her teeth Dec. 28 Capt John Hayes was a native of Dedham and ji i i t. Paramour Carried Little Weight a graduate of Dedham High School in her Houston, home a woman heard two men fighting out in front of the house and got so to the facts and he knew when Verlinger said he felt that the murder. i Thursday morning Dr.

Shep-pard's attorneys will demand that Judge Blythin grant a new trial. They will argue 41 "errors" which they said they found in the record of the trial. to stop questioning a witness. testimony ol Miss itt His parents, Mr. and Mrs.

Patrick J. Hayes of 14 Crowley ex-cected him home, with his wife "There were a lot of witnesses former paramour of Dr. Sam, did upset she swallowed her tootn-brush. A surgeon removed it in I i' I not weigh heavily In the state's who should have been off hours before. The defense was trying to short order.

cast. "The charge was murder," filene's and adopted son, in about two months He has two brothers, Patrick of Norwood and James of Dedham. An aunt, Mrs. Dora Bamberg of 18 Lakeville road, Jamaica Plain, visited Capt and Mrs. Hayes in Austria last Spring.

After graduating from Dedham High, Capt Hayes attended one of the Northeastern University engineering schools for a few terms, then enlisted in the Air Force. According to relatives, he served in Korea throughout the hostilities there. His wife was a German 14 -f '4 1 V' Hi. 4 drops to beauty and each day you're lovelier with s. XJAf ROSENSTEIN Continued from the First Page Rosenstein worked briefly as an Insurance broker after the war and for a time did special work for the Army at Watertown Arsenal.

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