Daily News from New York, New York • 24

Omplin Jury fJlulls Bver Werikt By FLORA BEL MUIR Los Angeles, Jan. 3. Calm descended upon the courtroom of Superior Judge Henry M. Willis today as the jury of seven women and five men retired to deliberate on their verdict in Joan Barry's paternity suit against Charlie Chaplin. i 8 in Court Battle Seek $1 3,901 Junk Bonanza By JOHN O'DONNELL, Washington, D.

Jan. 3. Back 20 years ago, when Franklin Delano Roosevelt was a struggling young columnist, writing his daily "As Roosevelt Sees It" piece for the JIacon (Ga.) Telegraph, the gentleman who now thinks columnists are "unnecessary excrescences," didn't hesitate to box the ears of the Navy, the "jingoes and troublemakers" find others who feared Japan might sometime attack the United States. Bv Geraldine Louv and Gilbert Millstein After an hour and a half, the jurors were taken to lunch, their minds still not made up. For 12 days the middle-aged jurors had listened to lurid testimony, climaxed by the impassioned summation of 77-year-old Joseph Scott, Joan's attorney, who last Friday branded Chaplin, among other thing's, as "a runt of a Sven-gali with the instincts of a young bull." They heard the defense sum-mine; up of Charles E.

Millikan, Chaplin's lawyer, who likened his client to "a man being pilloried and verbally lynched." Then there was Scott's hour-long rebuttal, in which he shouted a demand that the millionaire screen comic get "the Just for the "principal" of the thing there's no interest involved eight seekers after justice and their seven Jawvprs In fact, Columnist F. D. R. was most forthright and sharp in his criticism of the way the Coolidge Administration might have stirred up (SEWSfolo) L. to James Siclari.

Frank Kominski, James Contreras and Liborio Palermo get together in court. went to court yesterday to fight over $13,901.28 picked up 21 months ago next" to an East Side ragpicker's paradise. trouble by the war maneuvers of 1925 in which the Hawaiian Islands and Pearl Harbor were defended from attack by an imaginary foe. "A few months ago, the flamboyant announcement of these maneuvers by the Administration in Washington caused distinct flurry of public feeling and adverse criticism in Japan," rebuked Columnist Roosevelt. He concluded his column of April 30, 1925, with the observation: "It is hardly tactful for the American Government to give its own citizens and the Japanese nation as well, the impression, in seeking publicity for the Navy, that we are trying to find out how easy or how difficult it would be for the Japanese Navy to occupy Hawaii preparatory to a descent on our own Pacific Coast." Of course, if the Navy only had found the right answers to "how easy or how difficult it would be for the Japanese to occupy Hawaii," there wouldn't have been any Pearl Harbor and its acute embar 1 Columnist Roosevelt reviewing the Pacific Fleet with Admiral Claude C.

Bloch. ft The money is being sought by two junk-dealers (brothers who see eye to eye), three schoolboys, one ex-schoolboy, one ex-candy store keeper and one estate inheritor. Trial Adjourned. Supreme Court Justice James B. M.

McN'ally and a jury are in the middle. The trial was adjourned to this morning after the four boys, in a court for the first time, and one of the junkmen testified. First to speak his piece was 15-vear-old Frank Komynski of 528 E. 18th late of P. S.

40 and now of Seward Park High School. He looked small on the witness stand, but his voice broke only briefly-it's changing as he led the judge and jury back to March 29, 1943. He was on his way to school, he recalled, with three bosom friends, Jimmy Contrares, 17, of 325 E. 16th Jimmy Siclari. 15.

of 530 E. 18th, and Liborio L. Palermo, 16, of 532 E. 18th when they happened upon the happy hunting ground of the Brancato brothers (James J. and Gerald) junkvard at 441 E.

19th St. They always stopped there, he explained gravely to the jury. This time Frankie's roving eye fell on a wooden box in an empty lot next to the junkmen's establishment. He opened it. In the Bag, in the Can.

Within' was a round red tobacco can. He opened that. Jimmy Siclari reached in and pulled out a brown paper bag. Out of that, he pulled another brown paper bag, and there was a lot of green paper in it, said Frankie. Money, that's what it was, and nothing The air resounded, he said, with Gerald Brancato as he appeared in court yesterday.

Judge Henry M. Willi Sifenct in hia courtroom. Fame treatment as any old bum down on Skid Row." Finally came a scholarly charge by Willis. Blood Tests Weighed. Referring to testimony about Hood tests which showed Chaplin was not the father of Joan's 15-rtionth-old daughter, Carol Ann, Willis pointed out that the California laws do not "declare that this type of expert evidence is conclusive or unanswerable therefor you are not bound by an opinion based on such tests." On the other hand, Willis said, the burden of proof "is on the plaintiff to prove that Mr.

Chaplin is actually the father." Loopholes for Charlie. "If you should find," Willis went en, "that both the defendant and some man or men other than defendant had sexual intercourse with her and you are unable to tell which of them is the father of the child, then your verdict must be in favor of Chaplin." "If you find," he added, "that it is just as possible that someone other than the defendant is the father of Carol Ann Barry, plaintiff has not met the burden of proof required and you must find for the defendant." rassment to Commander in Chief F. D. R. All of which goes to show that Columnist Roosevelt, although columning in 1925 under the buildup of "former Assistant Secretary of the Navy," had as many cloudy spots in his journalistic crystal ball as have the "unnecessary excrescences" who try to interpret the day-to-day wagging of this Roosevelt world.

Columnist F. D. R. Scornful of 'Two Ships for One Columnist Roosevelt in his piece for the Macon Telegraph was very certain that Jap-American relations never would result in war and he went in for some righteous spanking of those who looked into the future and were worried, who wanted "two ships for one." In his self-described role of "unnecessary excrescence," Columnist Roosevelt squares off and raps out for his paper: "What could be more simple than for the jingoes and troublemakers and pessimists to point out that Japan is the dominant power in wealth and in military resources on the western side of the Pacific, that the United States occupies the same position on the eastern side, and that a clash of interest is inevitable "These dangerous agitators then point out the bogey of Japanese immigration and infiltration into what they call our privileged commercial markets." Then Columnist Roosevelt calls on his readers "to examine that nightmare to Americans, particularly our friends in California," Importantly, he goes into the matter of racial purity. "Anyone who has traveled in the Far East knows that the mingling of Asiatic blood with European or American blood produces in nine cases out of 10 the most unfortunate results," he soundly observes.

"These Eurasians are, as a common thing, looked down on and despised, both by the European and American who reside there and by the pure Asiatic who lives there." Rooseveltian Analysis of Asiatic Exclusion Act The "true reason" for our exclusion of Asiatics from the United States, says Columnist Roosevelt, is "the undesirability of mixing the blood of the two peoples." But the commercial angle, the cheapness of Jap labor, has been improperly injected and so confuses the issue. F. D. in the role of columnist-historian, writes that commercial rivalry, as the cause of war between America and Japan, is nonsense. "I fail utterly to- see that the argument has weight," Columnist Roosevelt declares.

"Our principal commercial rival throughout the years has been Great Britain, and yet this has not been advanced as a reason for a pending war with her." Then our Georgia columnist goes into a significant revelation of what he believes to be the causes of wars. F. D. R. writes: "We are today competitors with Japan in many of the markets of the world.

Is that a cause for war? "Often I have thought that those materialists who assert that all wars are caused by economic and trade rivalries ought to be put in the insane asylum. "History shows us many wars in which trade rivalry had but little part. (Note: Name them, Brother Columnist, name them!) "History shows us, on the other hand, countless wars which were brought about by prejudice, by a misstatement of fact, by religious fanaticism, by hastily spoken words." (Note: You hit a bull's-eye that time, Brother Columnist.) shrill cries of "dibs!" "halves!" and "gimme!" So Frankie stuck the dough in his windbreaker and invited the boys to come over that night and share it with him. But Frankie's big brother, Mike, got to him first. They counted the dough in the Komynski home.

Then it was turned over to Detective Anthony La Rocco of the E. 22d St. station, who sent it downtown to Maurice Simmons, the cops' Lost Property Clerk. The other youngsters corroborated Frankie's story and Jimmy Siclari looked a little unhappy when he told how he and his pals had gone over to the Komynskis that night to learn there was to be no split. Mike Komynski couldn't testify because he is overseas.

Junkman Testifies. James Brancato, a small, dark man with a mustache, followed the boys on the stand. He had reached the point of insisting that he had permission to use the vacant lot to store his junk, when Frankie's lawyer asked him to prove it. Brancato said he would today. The other two claimants are Plan New Housing For 'Gas House' Area The old "Gas House" district on Manhattan's East Side will be no more after the war.

Instead, its place will be taken by a new low-rent housing project, plans for which were announced yesterday by the Metropolitan Life Insurance Co. Harry Israel of 259 W. 23d Coney Island, who says the money is most of $14,065 stolen from him The new community, to be known as Peter Cooper Village, will house 6,000 persons. Under present plans it will extend from 20th to 22d between First Ave. and the East River Drive, with negotiations still underway for the acquisition of an additional block east of Avenue between 22d and 23d Sts.

The project will supplement the Stuyvesant Town area, from 14th to 20th between Avenue and First already designated by Metropolitan for a postwar housing community. Most of the Cooper Village area is occupied by the gas plants of the Consolidated Edison Co. and other industrial concerns. when he had a candy store, and Martin Kelly, the estate inheritor. Kelly says that when his sister, Mrs.

Delia Drake, died in March, 1943, her stuff was sold for junk and the money was part of the junk..