Daily News from New York, New York • 86

DAILY NEWS. FRIDAY, SEPTEMBER 22, 1967 C5 a 1 II I 7 11 tfl II 1 iA I (NEWS fotos by Hat Mathewson) Testifying at penal code hearing: are (I. to Nassau District Attorney William Cahn; State Sen. Edward Speno; Controller Mario Procaccino; Queens District Attorney Thomas MackeU, and Witman Knapp, a member of the committee that drafted law. Cop Code CeoA Author Yiekk on GDeadly Force By THOMAS POSTER In an emotion-packed public hearing on the state's controversial new penal code, the author of the law admitted yesterday for the first time that he's sympathetic to the cop or the man guarding certain changes in favor of After two years of atout de two years fense of hi code, former Assemblyman Richard Bartlett back-tepped slightly in the face of enormous protest by law enforcement representatives.

He said he was sympathetic to changes whereby a policeman coul use deadly physical force to stop a person fleeing the scene of a crime if the cop believed deadly physical force had been used. How It Reads Under the new code, effective Sept. 1, the cop could shoot only if deadly force or the threat of it were being employed by the ueitive. Bartlett. who as a Republican Assemblyman wrote the new code two yesrs ago, is now chairman of the Temporary Commission on Committee, and hearing chairman, why the district attorneys had approved the new coda two years ago, Cahn said they did not approve the offending section, that this "slipped by them." -Marsall slapped at what he called an absurdity in the law that "subjects a policeman to criminal prosecution even when he justifiably uses deadly force." City Human Rights Chairman William Booth defended the new code and was loudly booed.

He was shouted down when he argued that looters during riots should not be shot. At one point Speno threatened to clear the hearing room and end the session. City Controller Mario Procae-cino argued that crime was on a rampage, with New Yorkers unable to use their park, or museums, or cultural outlets without fear. Want Protection "More than anything, people want adequate police protection," said the Bronx Democrat "And that goes for all our people, whether they live on Fifth Ave. or.

Lenox Ave." Whitman Knapp, a member of the temporary commission that drafted the new code, said: "To the people who now come to say the foundations of the Republic are crumbling I say they have a heavy burden to show why they didn't come forward sooner." Local Patrolmen's Benevolent Association President John Cas-sese pleaded guilty to letting tha police-gun section go unnoticed. But he argued it must be changed since it tied the hands of cops in his home. running' away from a bank that had been held up. "God help us if the man was running to catch a bus," said the Glen Falls ex-legislator. The specific section, 35.30 (2), came under scathing attack from district Attorneys Thomas J.

Ma-kell of Queens and William Cahn of Nassau. Says it Slipped By Cahn said the new law rendered police impotent in the face of danger, and denied homeowners the right to protect themselves. He appeared as president of the New York State Association of District Attorneys. Asked by Sen. Edward J.

Speno, chairman of the Senate Codes tures of the law. Heller said his plan was "more realistic and a more feasible way to meet the problem." Several councilmen, expressing surprise at the new development, said they did not believe any landlord would voluntarily go through the costly process of upgrading incinerators if they could rely on the Sanitation Department to collect refuse. Heller Ernes IminemUr Simd The city administration pulled a surprise yesterday by recommending; that apartment building- owners be permitted to abandon their incinerators leaving refuse disposal to Sanitation Department pickups rather than be forced to upgrade them. Revision of the Penal Law and Criminal Code, and flew down from Albany for the hearing. It was held in state offices at 80 Centre St.

As he left the hearing, Bartlett said he also understood demands that changes be made so that a homeowner could shoot to kill if he reasonably fears an intruder is in his house and will harm him. The new code now demands that the owner make inquiries to determine if a burglar or intruder is present and dangerous. Word of Defense Despite his yielding, Bartlett defended most of his code. He said that there have been incidents where pedestrians were accidentally shit by a cop while (NEWS foto by Arthur Buckley) Commissioner Austin Heller speaks at air pollution hearing. istration's previous support of the mandatory upgrading fea 3tated.

"This is literally dust to dust." One of the bodies was that of a boy. The sex of the other two could not be determined. The three bodies, swaddled in cloth and camphorated shelr-ing paper and wrapped in newspapers dated 1920, 1922 and 1923, were found in a basement storeroom of a Washington Heights apartment house Wednesday night. They were in a trunk belonging to a wom lhe recommendation, made by Air Pollution Control Commis sioner Austin N. Heller, ran counter to the city's air pollution control law which was passed 16 months ago and which has often been as the toughest in Wis nation.

The law required the upgrading of all incinerators by next May 20. Would Provide 5 Choices Heller testified at a City Hall public hearing held by the City Council Buildings Committee which was considering four amendments to the law to eliminate confusion in the interpretations of the statute. Urginir less harsh provisions. Heller outlined a three-year program which would give landlords the option of upgrading equip-in installing compaction equipment or discontinuing the use of the incinerators. Asked whether this did not constitute a change in the admin- Richard Bartlett Hm wrot tha coda an era of rising criminal violence.

Howard Leary, police commissioner, said that he felt he could "work under this law." Among the 200 persons in the hearing room, he was in tha distinct minor it v. Cops Waling On a New Beat About 40 cops and members of their families picketed the municipal building in Township, N.J., yesterday in a dispute over pay and working conditions. The men, members of S3 of tha Patrolmen's Benevolent Association, said they would continue their demonstration until government officials agreed to discuss the grievances with them. They want two men in a patrol car instead of one, four daya of work with two off instead of the present six consecutive days, and a salary hike of $900. Pay now ranges from $6,700 to $7,300.

Woodbridge Business Administrator James Allovvay said the demonstration was premature, that "normal collective bargaining talks" had not yet betjun. ly to a man named Lander, who died in 1916. She had been married to Lander for two or three years and had a daughter of that marriage. Stephanie, who died in 1957. He said he did not know of his wife having any other children, if indeed she did, eithar priar to or during his marriage hi her.

Helpern aaid: "It seems to be a case of disposing of a pregnancy a a casa of Capitol Theatre to Go The Capitol Theatre, ons of the nation's best-known niovla houses and a landmark at Broadway and 51st St. for 50 years, is coming down for a 51-story office building, it was revealed yesterday. The Uris Buildings Corp. announced that it will put up an office tower on the Broadway blockfront between 50th and 51st with demolition scheduled for next year. Uris also diseased tentative plans to include a legitimate theatre seating 1,500 to 2,000 persons in the new building.

If tha plan goes through, it would be the first new Broadway playhouss built sinca December, 1923. Ihvj 3 Hies Wiei in '20s Ds a stey tto Hel pern an who died in 1954 at the age of 57. Helpern said the Infanta had all been born in the normal nine-month period but whether they were stillborn or live at birth could not be determined either. "If there was a homicide it would be impossible to determine it," ha said. Discovery of tha bodiea waa as much a surprise to tha dead woman'a husband Jacob Solo By EDWARD KIRKMAN Dr.

Milton Helpern, chief medical examiner, said yesterday that the causa of death of three newborn infants dead apparently for about 45 vears will never be known because of tha condition of their mummified bodies. "It's extremely difficult to conduct any sort of an autopsy -because the bodies crumble with the slightest touch," Helpern mon, 67. a Buildings Department inspector, as it was to polices Ha and his wife, Anne, had moved into the apartment house, at 812 W. 181st St. between Fort Washington, and Pinehurst Aves ia 1935.

Ha said they were married in 1933 and had lived for two yeara at '454' Brook Bronx, before moving to the Washington Heights apartment. Solomon also told police his wife had been married previous.