The San Francisco Examiner from San Francisco, California • 3

cccc THE SAN FRANCISCO EXAMINER: SATURDAY, JULY 25, 1942 FLYER HONORED 'DEATH OR FREEDOM' PLEA MADE BY GIRETH AT GRAND JURY Slayer Confesses Again OPAtoFixHigher Prices for Fruit Pack IPS REJECTS PROTESTS DH VALLEJQ RENT Nazi Tricks Guard, Escapes in S.F. Vanishes in Garage When Sent to Get Motor Parts 0' at. Mil Hetuses to Alter nunng on 1941 Ceiiingsj Cites Landlords' Right to Take Legal Action Protests of Vallejo area land lords against freezing of their rental ceilings at levels of Janu ary 1, 1941, were rejected flatly yesterday by Dr. Murray Benedict. "The law must be administered as It now stands," said the north-em California rent administrator for the Office of Price Administration (OPA).

He added: "I have advised them (the Vallejo landlords) that they are within their legal rfcrhts to Institute court rt'on challenging any section of the regulations as passed by Congress." Doctor Benedict said the 1941 celling would be effective In Napa, Contra Costa and Solano counties August 1. SCHEDULE STANDS. On rentals for the current month of July In the three counties, the March 1, 1942, ceiling, applicable permanently to the remaining nine counties of the Bay area, will be proper, he said Registration dates for landlords in the Vallejo area will be an nounced later. Doctor Benedict denied earlier assertions by Frank Fowles, president of the Greater Vallejo Landlords Association, that he did not consult that group about rents, but instead "sent agents who consulted only with the tenants and the Navy." "They (the Vallejo. landlords) were received In my office, and I have In my files a letter from Mr, Fow les expressing appreel-ation for 'eourtesies to our com-mittee'," the administrator said.

U. S. ACTION CITED. "It has been made clear to them that officials In Washington, not my office, set freezing date. The 'agents' to whom they refer were not my representatives but investigators of the Federal Bureau of Labor Statistics who ducted the rent con- Fowles contended the rent increase had been only 12 per cent, while Increases in taxes and maintenance costs had been much greater.

"The Government's survey revealed that a great many property owners have refrained from profiteering," Doctor Benedict agreed. "We realize that setting of the 1911 date will penalize even those legitimate and patriotic landlords who raised rents only moderately In line with current expense levels," he said. "But this is war, and all of us, In some way, are being asked to make sacrifices." HURT WORKER DIES Lawrence Edney. 59. construe tion laborer at Richmond Ship yard No.

2, died at Richmond hospital yesterday of head in juries suffered Thursday when he was struck by a tool which fell of a scaffolding at the yard. Edney lived in Richmond. SOCIALITE DIVORCED RENO July 24 (AP) Mrs. Dorothy B. Smith, New York social registerite, was granted a divorce here today from W.

T. Sampson Smith of New York on the grounds of extreme mental cruelty. Award at in Recog nition of Flight to Save Castaway in Raging Storm "For extraordinary achievement while participating in an aerial flight April 3, 1942, as commander of a patrol plane. With these -words in his ears and "his squadron mates proudly standing at attention, Lieut. Sumner E.

Atherton Jr. yesterday received the Distinguished Flying Cross, from the hands of Vice Adm. J. W. Greenslade, com mandant of the Twelfth Naval District and western sea frontier.

Also present at the Alameda Naval Air Station for the cere mony, flanked-by "Brig. Gen. Barney M. Giles, commander of the Fourth Bomber Command, and Capt. F.

R. McCrary, station commandant, were Atherton's proud wife and 19 months old son. Stationed on Palmyra Island, 900 miles south of Honolulu, the New Lebanon (N. reserve officer volunteered to fly his Catalina patrol bomber into the teeth of a tropical storm in search of three Army pilots forced down several hundred miles at sea. After covering approximately 200 miles of open sea, the Navy plane sighted a raft with the lone survivor of the Army flight and "despite hazardous conditions of wind and sea," picked up the sur vivor and returned to the base, the citation revealed.

Nevada Production Of Beef Increases RENO July 24. (AP) C. F. Dierking, regional gra zier, disclosed Nevada's beef herds have Increased by 1,641 animals during the last year. There are now 269,355 head of cattle in the State, he said, and on the basis of a ration of 228, pounds a man, Nevada alone is able to supply 474,962 soldiers with meat for an entire year.

ROOS SPORTS it tops everything! his sweetheart, Dorena Hammer. He is shown with Attorney Albert Behrstock, left, and District Attorney Hoyt; right. INDIFFERENT Leslie (middle), leaving grand Oakland after inquiry into Bela Gireth jury room in his killing of A German alien who was in terned because he was "poten tially dangerous" was the object of a Statewide police search yes terday after he outwitted a guard from the Sharp Park detention camp and escaped. He Is William Rondon, 33, who jumped ship in San Dieeo in 1936 and was arrested in May while working at a Richmond shipyard, Irving F. Wixon, director of the Immigration and Naturalization Service here, said.

PRISONER VANISHES. Rondon, who had been doin mechanic's work at the camp, told officials there he could get soma necessary motor parts at a San Francisco garage where ha claimed he formerly worked. He was driven to the garage, oa Van Ness Avenue, by Guard Ev erett A. Hansen. Hansen remained in the car while Rondon went into the garage "to get the parts.

He never returned. Police believe he walked through--ths building and left by another entrance, j. SERVED TERM. Blonde, six feet two and weigh iDg 170 pounds, he was wearing blue and white coeralls with the name of a prominent moving and storage company on the back. Wixon said Rondon served" a year in San Quentin for accepting stolen goods following his illegal entry into the country.

Hemlock and Fir Under Price Bans WASHINGTON. July 24. (AP) The Office of Price Administration today placed west coast hemlock and noble fir suitable for aircraft use under the price controls applying to aircraft spruce. The War Department recently determined to accept the hem- lock and fir as substitutes for spruce in plane production as a moans of enlarging the supply of aircraft lumber. SHOP your 18.

T.v I 'hi i If 1 New Evidence in Girl Killing Premeditation Is Charged by Prosecutor Leslie Bcla Gireth coolly In formed the county grand jury at Oakland yesterday that he murdered his mistress, then sent word out by his lawyer that as a penalty, for the deed he desires one of two extremes to die or to go scot free. The jury hastened to bring in a murder indictment, and District Attorney Ralph Hoyt hastened to announce that he considered the facts justify the extreme penalty, meaning he will do his best as prosecutor to see that Gireth gets his wish. All of which made good theater a f'ct not. lost upon the man who proved, when he garnished his murder setting with red car-nations and melancholy musical classics, that he too has a sense of theater. LIFE TERM DEAL SEEN.

Nevertheless the impression somehow was given, from all that was said and done, that Gireth will conquer his dramatic desire to die when he appears in superior court Wednesday, and will seek to make a deal under which he would plead guilty and take life Imprisonment. And the district attorney seemed to imply, by saying that he considered this a death penalty case but carefully refusing to say that he will demand the death penalty, that he might be amen able to a deal for life at San Quentin. During the presentation of his case to the grand jury Gireth was his old Imperturbable and im maculate self. Just how complete ly self-possessed he was, was illus trated by an incident that oc curred as he was walking" from the jail to the grand jury room with Hoyt COOLNESS SHOWN. In the corridor Gireth spotted Albert Behrstock, attorney for his jewelry business at Glendale With a crook of his finger Gireth summoned Behrstock to his side.

"Mr. Hoyt, meet Mr. Behr stock, said Gireth, and as he watched the two men shake hands he was cooler than either. Both towered above his five feet seven. To the grand jury he related readily how he shot to death love ly young Dorena Hammer as they were keeping one of their many trysts at an auto court near San Leandro.

But when the prosecu tor began asking Gireth what he did immediately before and im i mediately after the shooting, he balked. Gireth had told these thiifgs to the district attorney earlier. He said he just didn't want to repeat them. Included, said the prosecu tor, are things that certainly will not be told before the trial, if any, and may never be told. Gireth went before the grand jury against the advice of Behrstock, who urged him not to tes tify and who insists that he should plead insanity.

It was Behrstock who quoted Gireth as saying: CONSIDERS HIS CHILDREN. "It would be better for my children if I were out of the way entirely. I want to die or go free." Gireth told the grand jury that Tie registered at the auto court on Tuesday, July 14, as L. E. (rather than L.

Gireth and wife. He registered alone, then met Dorena at 5 p. m. that day after she finished her meteorology classes at Alameda. They drove for dinner to the Linden Hotel at Los Gatos, a favorite rendezvous of theirs in the days when Dorena was going to college at San Jose.

They drove back to the auto tourt, spent part of the night to-pether, and at 2 a. m. Wednesday; he drove Dorena back to her Alameda hotel. He picked her up again at IT. S.

Issues Call For Hawaii Labor The United States Employ, ment Service has an urgent call for men to be employed as laborers by the United States Government In Hawaii. Experience Is unnecessary. Applicants must be between the ages of 18 and SO, be able to pass a physical examination, and have a birth certificate or some documentary evidence of citizenship. Draft boards will be asked to defer men taking these jobs by Government representatives from Hawaii. The salary.

70 cents per hour, plus room and board, begins on the day of appointment. Workers are requested to sign a one year contract, with transportation guaranteed both to and from Hawaii by the Government. Apply at once at Mis-Bion Street. Program Outlined or New Ceilings on Canned Products WASHINGTON, July 24. (INi) A possible Increase of 10 to 25 per cent in prices of the 1942 pack of canned fruits and berries, and a system of support prices to encourage processors of canned vegetables to put out a larger volume of vegetables were todav's highlights on the price ceiling front.

At the same time, plans for Government purchase of all domestic wool for the duration were being discussed. Leon Henderson, head of the Office of Price Administration (OPA), had indicated previously the canned fruit boost would be more than 15 per cent, but today he said that his office would issue an order, probably within two weeks which would result in "possibly lifting wholesale and retail prices 10 to 25 per cent. depending on the item affected. AID FOR CANNERS. The OPA today issued a for mula ty wnicn ranners may pass on their actual Increased labor and raw material cost on the 1942 pack 'of canned fruits and berries only." The Agriculture Department announced a system for determining prices at which, it would support processor prices of canned vegetables on which OPA has placed ceilings.

Products affected are the 1942 packs of asparagus, lima beans, snap beans, beets, sweet corn, carrots, peas, spinach, tomatoes and tomato juice. Pumpkin and squash are to be added if ceilings also are put on these products. SUPFORT FLEDGES. The department said It would support prices of these at not less than 92 per cent of the canner's individual maximum selling prices as determined by ceiling orders, subject to a limitation that such support would not exceed 95 per cent of the average maximum prices of other canners within defined production areas. The action means placing a minimum price at which processors will have to sell their canned prpducts.

If distributors refuse to buy at these prices, the can ners can then sell to the Agricul ture Department. WOOL PURCHASE PLAN, The Senate special wool com mittee, pressing for action by the War Production Board (WPB), and Agriculture Depart ment on a plan that the latter purchase all domestic wool heard views of both agencies at a closed session. WPB officials were represented as undecided and the Agriculture Department voiced approval of the plan. The department and WPB prom ised to inform the committee by early- next week whether an agreement can be reached. Program Listed For Organ Recital Uda Waldrop will play the fol lowing program this afternoon at 3 o'clock in the Palace of the Legion of Honor: 'rrluita (Toundsd upon Northern rhlmei Luard-SMhy Ansphia Ltazt Memielln (from Second Symphony! Haydn i ne old rustle Mouannrcnky trumpet Tune Henry Purci From the Southland Hurvey Gnu T.

Prertenae Lnun Cnuperin-KreHler trieh Tune from County rerry. Trudition.t in Japs' Suit She has challenged the authority of the Army Pacific coast evacu- Milligan case of Civil War davs. in that case, the brief stated. new definition of "siege" is indi- be made to expedite classification of men in the two regis-trations. The third registration Included men from 20-21 years of age and those from 35 to 45.

The fifth registration included many who are now 20 years old. Draft authorities pointed out that until classification of single men in these groups was com pleted, many married men would have to answ er calls to fill quotas. Uncontrolled Food Prices Rise Here Decline Shown by Most Products Under Ceilings Cost of many foods with uncon trolled prices, rose sharply throughout the Nation during the mid-May to mid-June period, the United States Bureau of Labor Statistics in the regional Office of Price Administration (OPA) announced here yesterday. such' food prices showed a 0.5 per cent increase, Los Angeles a 1.3 per cent in crease and Portland a 0.1 per cent rise. Seattle, with a 0.4 per cent decrease, together with Savannah, Houston and Charleston, showed the only drop during the period.

The Bureau reported that foods not under the general maximum price regulation advanced in price an average of 4.8 per cent during the month while controlled food prices showed an average decline of 1 per cent. Total cost of food for moderate income am ilies rose by 1.3 per1 cent during the month. The rise in prices between May and June 16 was led by fresh fruits and vegetables, lamb and poultry, none of which are sub ject to price control. A drop was reported in prices on fats, oils, beverages, pork and dairy products, all of which except the last come under OPA control. STAINBACK APPROVED WASHINGTON, July 24.

-(AP) The Senate Territories Committee approved unanimously today the nomination of Federal! Judge I. M. Stainback'of Hono- lulu as Governor of Hawaii. Warren Asks Definition 5 p. m.

Wednesday, and again they drove to Los Gatos for din ner. Deputy Sheriff Richard Condon went into more detail for the grand jury, repeating what Gireth told him when the jeweler first confessed. Condon said Gireth told him that Mrs. Gireth had made "filthy" allegations in a divorce complaint at Glendale, and that the divorce fight would injure Dorena. Brooding, he decided to kill her to save her from shame.

KILLED IN HER SLEEP. He got out of bed, took his .25 caliber automatic from his lug gage, then climbed back in bed The girl lay on his left, and was sleeping on her left side. He said he fired three shots, all under the bed covers. This bullet went through her heart As she sank back, Gireth put the gun to her right temple and fired a second time. Then he held the gun against her left breast and fired again.

SUICIDE PLAN BARED. There were no marks on the girl's body except those of the gun wounds, Dr. Gertrude Moore, autopsy surgeon, told the jury. Hoyt disclosed for the first time that after Gireth killed the girl he considered taking his own life. But this man who said that he killed in passion and despair, yet was cool enough to remember that' he had insurance which would be voided if he took his own life within a certain time limit insurance made out in favor of his two children.

i For this reason, Hoyt said Gireth told Sam Behrstock, his partner in the jewelry business, Gireth kept the gun from his own temple. PREMEDITATION INDICATED Still weaving a case of pre meditated murder to present if. necessary, the prosecutor pro duced another new and signifi cant detail in the testimony of Frank McH. Campbell, the auto court owner. Campbell told the jury that Gk-eth first was as signed to Cabin No.

11, but asked for and was changed to Cabin No. 10. This cabin was farthest from the auto court office. A shot muffled by bed covers could be heard the least easily from this cabin. And the cabin could be reached by a side street without the necessity of passing the office.

Gireth asked for this particular cabin, Campbell testified, a full day before his sudden crime of; passion. And he paid in advance. Sheriff H. P. (Jack) Gleason an nounced a check of police records show Gireth was arrested in No vember, 1940, on an immgration warrant.

Gireth never has re ceived final papers, i New Areas Hit by Meat Scarcity Shortage Reported in Several Sections as U.S. Takes Action WASHINGTON, July 24. (INS) A shortage of meat, due to a "squeeze between prices of livestock and processed cuts, to day reached serious proportions in several sections of the country, particularly the East, as the Government hurriedly took action to relieve the situation. Reports reached Washington that supplies of beef and pork are rapidly dwindling in many cities and orders are being rationed because of the price ceiling on processed meat and the advancing ceilingless prices on livestock At the same time, the Bureau of Labor Statistics disclosed that the average family food budget has been thrown out of balance by an increase of more than 16 per cent in prices of all foods over last year. Bufano to Unveil Statue of Bach MONTEREY, July 24.

Benia- mino Bufano will unveil his lat est creation in Carmel Saturday afternoon, a stainless steel statue of Johann Sebastian Bach, which was completed a year ago in Los Angeles under an NYA project. It is fourteen feet tall and weighs 500 pounds. The head is of blue jrranite and thp body of metal. The unveiling will high light the annual Bach festival at ICarmel Francisco Franco, Hay ward Mexican who appeared before United States Commissioner Francis St. J.

Fox for hearing oh charges that he refused to fill out a draft questionnaire, said he would fight only for Mexico, His case was set for July 29 to allow him to confer with the Mex- lean consul. Several other men appearing on draft charges were ordered to report to their local boards for physical examinations. i Of Siege' Because of new problems rait-ed' by the modern principle of "total war," the courts should redeter- a "1Uff i.i Warren's brief slated there has mine what constitutes threat no redetermination of when invasion. martial law Is neeessarv sincp the So contended Attorney General Earl Warren yesterday when he the Roos flannel BLAZER I395 intervened witn a oner in Federal: it was held that the military can court in the case of Mitsuye EndoJ not issue orders unless civil law 22 year old American born Jap-has broken down and a locality anese girl formerly employed byjis under siege. In the light of the State, who seeks a writ of, total war.

it was nointed out. a naoeas corpus inai wouio iree nerj irom tne iNeweu detention camp.cated. It tops your slacks your skirts 3 Plead Guilty Here At Draft Evasion Trial Selective Service Urges Exemption of Married Men sports dresses! The Blazer's the smartest of all smart jackets, tailored in all-wool flannel with contrasting piping. Red with navy, green with red, navy with red, beige with brown. Sizes 10 to To av men to swift clr-in the thi: registrations terday In a uling married Hiied services, of all men and firth draft was urged yes-memorandum re ceived by local draft boards trpm National Selective Service headquarters.

The memorandum was considered equivalent to an order to all local selective service authorities. Local draft boards announced ewry effort would Three men pleaded guilty to charges of draft evasion before Federal 'Judge Michael J. Roche yesterday. They are Richard C. Kriede- man, 25, and Jean A.

de Beaufort, 37, whose cases were referred to Charles H. Upton, Federal proba- tion officer, and John Mageros, 27, of Palo Alto. Mageros agreed to enter the Army, and said he had failed to! complete a draft questionnaire because "I was behind in pay ments on an automobile." SAN FRANCISCO OAKLAND SAN JOSEi FRISNOTBERKELEY. PALO A IT LV lj.