Daily News from New York, New York • 30

DAILY NEWS, THURSDAY, JULY 22, 1965 c3" timers By EDWARD DILLON and NEAL PATTERSON Bronx Supreme Court Justice Samuel J. Silverman yesterday dismissed the five vehicular homicide charges outstanding against Gareth Martinis, 25, son of acting Supreme Court Justice Joseph A. Martinis. Silverman based his ruling on the ground of double jeopardy. The Bronx district attorney's office announced it would appeal.

Martinis took his discharge calmly. His mother, Nell, embraced him tearfully. Justice Silverman quoted the Magna Carta and the views of Court of Appeals judges on the double-jeopardy issue in his 15-minute decision. His ruling came six days after he had dismissed a trial jury as hopelessly deadlocked. The jury had sat for five weeks hearing 4 evidence on Martinis role in a three-car collision which killed five persons and seriously injured one on May 19, 1963.

on the i Henry Hudson Parkway. Had Pat Off Ruling During the trial. Justice Silver top -J (NEWS foto by Seymour Gareth Martinis (left) leaves court with his lawyer, Maurice Edelbaam, and his mother, Mrs. Nell Martinis. Metv Angle in Crimiiiins Case: Jastic Silva man had postponed decision on defense claim of double jeopardy.

ii a Pirowleir lure COdls utt? 0 would be in double jeopardy only By THOMAS PUGH The two little Crimmins children, who were mysteriously spirited out of their flat a week ago yesterday, were in the habit of sitting- on the window ledge of their first-floor bedroom and they might have been lured out to their deaths by a prowler, police lhat claim was based en a trial a year ago in which three of his father's colleagues had acquitted the youth of charges of drunk and reckless driving. Justice Silverman recalled yesterday that the defense, prior to the vehicular homicide trial, had carried the double-jeopardy issue up to the State Court of Appeals. That court on March 11, by a 4-3 decision, directed that Martinis stand trial for the auto deaths. But Judge Adrian P. Burke, who cast the deciding vote, had qualified his endorsement.

Burke said that Martinis disclosed last night Neighbors told detectives that witnesses and in checking tele- McGuire emphasized again' that phoned tips, detectives were out the identity of all callers is kept lr I confidential. i Though there were no indi-! cations that either child had been us cbiijt as jrrsiiuajr. lie said that information continues to come to police on the special phone number AXtel 7-3641. Ct inmd pmgm IT, eof. S) Astro's Wih in 'HDivone irki2 the prosecution in the seconl trial relied on the same evidence it had used in the drunk and reckless driving trial See Overlap in Testiateay Justice Silverman had pst-poned his decision in the recent trial to permit introduction of all the evidence.

"To a substantial extent," be said yesterday, "the witnesses la the two trials overlapped; they were not identical; in each trial there were some witnesses who did not testify in the other trial. The conduct charged in the twa eases is the same, however, and that is the critical test. "It does appear to me that applying Judge Burke's test leads to the result that the defense of double jeopardy is good, and thus that the view of a majority of the Court of Appeals is that the defense is good. Accordingly, the pleas of former acquittal must be decided in defendant's favor." Unpopular; Se Be It Justice Silverman said there had been much public discussion and, he feared, "public misgivings about this case." He quoted from Magna Carta: "No free man shall be taken or imprisoned save by the lawful judgment of hi peers," and added: "Law means nothing unless it means the same law for all." "I am aware that this decision may be unpopular," he continued. He discharged the $1,500 bail in which Martinis had been at liberty.

once during the. winter, 4-year-old Alice and 5-year-old Edmund had been found running about outside their mother's garden apartment at 150-22 72d Drive, Kew Gardens Hills, Queens. Concerning last week's disappearances, their mother, Mrs. Alice Crimmins, said she had latched their door from the outside when she looked in on them at midnight Tuesday, and the latch was still on at 9 A.M. Wednesday when she found they had vanished.

However, the bedroom window is only 5 feet above the ground, and the children could easily have gotten out that way as they had before. Check Key Areas In the hopes of finding new witnesses, detectives visited yesterday the three key areas in the case, starting with the apartment complex where the family lived. They also checked again the section of Flushing about half a mile to the east where Alice's body was found early in the afternoon on July 14 and the site overlooking a World's Fair parking lot, about a mile west of the Crimmins' apartment, where Edmund's body was found Monday. Alice had apparently been suffocated by a pajama bottom that was wrapped around her neck and mouth. Despite an autopsy, the cause of Edmund's death may never be established, Assistant Queens Medical Examiner William E.

Benenson said yesterday. Because of the decomposed state of the boy's body, Benenson said, "We. may never know unless an arrest is made and a confession received." Tests of tissue for possible poisoning are being made, but will probably be unproductive, it was said. Deputy Inspector Thomas said that. in the search for San Antonio, July 21 (AP) The wife of Duane E.

Graveline, one of the six new scientist-astronauts, has filed a suit for divorce charging her husband is "a man of violent and un-govern able outbursts of temper." Mrs. Carole Jane Graveline was granted a temporary court order yesterday forbidding Graveline from visiting or disturbing her. The Gravelines, who have four daughters, make their home in San Antonio. He was selected as a scientist-astronaut June 29 and reportedly is undergoing pilot training at Williams Air Force Base in Arizona. In her petition filed yesterday, Mrs.

Graveline said she "will suffer bodily injury and may even lose her life" unless her husband is restrained. A show cause hearing on the temporary order was set for July 30 here. The couple were married in 1951. Mrs. Graveline asks custody of their daughters, Jill, 13; Joan and Jean, 12, and Jane, 10, and reasonable sums of alimony.

She listed community property as a home in San Antonio, furniture, two 1964 model automobiles and stocks valued at $7,000. Graveline, 34, is an Air Force major.1 NX 'j Uv '-T i Deferred Intake Out Albany, July 21 (AP The practice of "stacking" drinks purchasing several just before the legal closing time of a bar for consumption after hours will be curtailed Aug. 1 undue terms of a new state law. Gov. Rockefeller announced today he had signed a bill under which customers will not be permitted to drink for than a half-hour after the closing time.

Ma). Duane E. Graveline with wife. Carole, a ad eoe ef, their 'childrea at 'time of 'his 'appointment' as a' acientist-astroaaet..