The Morning Call from Paterson, New Jersey • 22

22 Oct. 5, The Morning Call 19631 New Trial (Continued from Page One) aycle out of the store last July 27, without paying for. it. Following a hearing in Totowa Municipal Court last Aug. 12.

Foster was found guilty by Magistrate Robert Boyle who fined him $100 plus $50 court costs and sentenced him to serve 30 days in the County Jail. On his appeal before Judge Viviano, the defendant said that, be was in the store with his wife and the tricycle was placed in cart loaded with groceries. When the cart was checked out at the register, he said he thought that payment was already made for the tricycle. When told that only the groceries were paid for, he said he offered the money the tricycle but the store repre. sentative refused to accept it and' called in the police.

Judge Viviano gave the defendant the benefit of the doubt, and ordered that the tine paid be refunded to the defendant. Fireman (Continued from Page One) fined $100 and placed on probation for two years on a burgiary charge. He admitted the theft of $45. and merchandise worth $10 from Joseph Berlin's a 18. Passaic, was fined $300 and placed on probation for two years on a charge of robbing Anal drew Graham of $40 in Passaic last July 6.

of Berbers (Continued from Page Oge) bers who live in the wild mountain country of the Kabyles. Earlier Friday, in an apparent attempt to regain support from France. Ben Bella said he would leave Sahara oil alone and invited French- President Charles de Gaulle to visit Algeria. France has been cool to Ben Bella since he nationalized large French holdings in Algeria. Ait Ahmed was flanked Friday by Col.

Ou El Hadj, rebel military leader of the 7th military region which has thrown in its lot with the Socialist Front. Ait Ahmed said he doubted Ben Bella's sincerity. He described Kabyle region deputies who had acted as emissaries in the quarrel as "men with guilty consciences. who want to play at Kabylia is united." Ait Ahmed said. "We have sworn to fight this regime, to cut short the dictatorship." Ben Bella made his statements on Sahara oil in an interview with Notre Republique, official weekly of the French Gaullist party's Union for a New Republie (UNR).

Segments of Ben Bella's statement were given to newsmen by Algerian officials and the entire statement is to be published in Paris next Friday. Valachi (Continued from Page One) that "Guy W. Calissi is the Bergen County Prosecutor, or that Chief Carl De Marco is head of the Bergen County Detectives, or that Chief Charles La Presta, heads the Hackensack Police Department, or that a large segment of all area police departments are Italian-Americans." It. Biaggi, now on leave as State Housing Division community relations specialist, said the not quite spontaneous of a gangland witness serving as a vehicle which enables U. S.

Senaors who are up for votes and their handpicked political aides whose jobs depend on votes to get on camera and into homes of listeners across the nation. is convenient politics," Biaggi said, "especially for those whose policy it is to deny Americans. their just due because of a heritage different from those who happen to be in political power because of their own- different A leading Italian-American in the Passaic-Bergen Counties area, who sa he did not want to be identified. scored the telecasting of Valachi's testimony as "nonsense." He added that it "is creating a tale impression of Italian-Americans, who in reality have shown their loyally for America in peace and war from the Revolutionary War to the present world-wide police actions in far away places such as Viet Nam. West Germany, Korea and wherever Americans stand on guard to preserve the American way of life.

Biaggi called the Senate investigation "a well-planned, conceived and executed program so diabolical that the long litany of the contributions and the accomplishments of Italo-Americans to this country are inundated by the frightening enormity of a TV circus which preempts legimate programs, and whose side effects include radio comments and appalling headlines which can be compared only to the Biblical deluge. "This is the United States of America, 1963, whose ItalianAmerican servicemen represent large segment of the population, This is a republic where the principles of democratic form of ment are supposed to enable all men to be judged, rated and rewarded on a fair system of jus. tice, declared Biaggi. Consensus of opinion by Ital- tian-Americans interviewed random yesterday in the downtown area of Paterson showed there is a strong "resentment" over the "exaggerated" publicity on illegal activities, of a small group of Italians as compared to the large number of contribations to American culture by millions of Italo-Americans." One resident said 1 was his opinion that the Kennedy Administration is responsible for the fiasco." He agreed with others that the Valachi story has "pushed the headlines of racial problems, unemployment, nuclear weapons and atom bombs" into the background. This, he said, diverts from the real problems of the nation "just before election time." One lady, who said she was bora in Italy, agreed with the method of bringing the investigation to the public.

She aid, "It will teach others not to look up to racketeers regardless of how they spell their Several expressed annoyance because, as toy said, "it they are going to publicize all gangsters with Italian names, then they should also publicize the fact that many of them were brought into custody by law enforcement officers with the similar vowel-ending names." Flora glancing blow, but no damage In the city of Guantanamo, however, houses were reported unroofed and the Guantanamo and Jaibo Rivers were reported overflowing their banks as a result of Floca's torrential rains. The La Gran Piedra observatory at Guantamao reported winds as high as 80 miles an hour had been howling through the area since early morning. Flora had top winds of 125 miles an hour when it slammed into Cuba, but temporarily spent some of its fury against the mountainous peaks that dot the eastern end of the island. The year's sixth and most vicious tropical storm already has claimed at least 41 lives and caused millions in property damage in its lengthy rampage. The boxscore: Tobago 30 killed, thousands left homeless.

Grenada- Six killed, widespread destruction reported. Haiti- -Five dead in the capital city of Port au Prince, with the hardest hit part of the island--the Tiburon peninsula- -still to report. In addition, many lesser islands have suffered heavily from Flora's side winds. These include St. Vincent Martinkque and Barbados.

Goulart (Continued from Page One) presence in Brazil of Yugoslav President Tito as a state guest. Debate Complicates Situation Complicating the economic situation in the country- the hike in living costs in Brazil in 1963 is expected to reach 85 to 90 per cent -has been acrimonious debate among the military leaders and the labor movement and anti-Communist Guanabara state Gov. Carlos. Lacerda's running feud with the Goulart administration. Goulart supporters in congress failed to muster enough signatures for legal disavowal of Gov, Lacerda's charges of economic incompetency against the government, but they condemned the fighting governor's attacks on the president as "incredible and unpatriotic, offensive to the national dignity and The pro Goulart faction also accused Lacerda and Adhemar Barros, governor of Sao Paulo State, as favoring a coup to toppie the government.

Gambling (Continued from Page from the 17 defendants and continued them on bail totaling $110,000. The bail of $10,000 posted by Lou- Duva for the release of John Fleming, charged with bookmaking, was called by the courts because the defendant failed to appear. When Fleming appeared before County Court Judge Salvatore D. Viviano in a night session last Sept. 10, when he was arrested by state police, he wanted to plead guilty to the charge.

He told the court that he had no one to turn to for. help. The judge not accept the plea, advising the defendant be could always retract the innocent plea entered after he consulted lawyer. Duva said yesterday that he expects to surrender Fleming. court by Monday.

Duva said late yesterday afternoon that Fleming apparentely bas not received notice to appear for the arraignment yesterday and felt there was a little misunderstanding about his scheduled appearance, but that he was certain he could get the defendant into court by Monday. Joseph La Porte was the only defendant released on his own recognizance after he pleaded not guilty to bookmaking charges through his lawyer, William Rosenberg. The defendant, who is suffering from a heart ailment and had to be taken to a hospital for treatment after his arrest last month by state police, throughout the proceedings in court and was not required to stand before the judge when his plea was entered. Seven lawyers were in court to represent the defendants. In addition to Rosenberg, Assemblyman Joseph M.

Keegan, of Passaie, represented seven defen- dents: and former Assistant! Prosecutor Nicholas Carella, of Bergen County, former Assistant Prosecutor J. Bernard Saltzman of Passaic County, Milton J. Pashman, and Bruno Leopizzi represented one each. Keegan's clients are Stanley J. Royko, Matthew Paz, Joseph Kobylarz, who were continued in $10,000 bail each.

and George and Robert Trawinski, James Viscelli, Walter Pietkewitz and Nicholas Michael Biss, who were continued in $5,000 bail each Goodman's office represented Ralph Calia and Dominick Bonfonti, continued in $10,000 bail each, and John Slobodian and Anthony Del Pozzo, continued in $5,000 bail each. Carella represented Sivolella, held in $5.000 bail: Pashman represented Joseph A. Papalia, held in $10,000 bail: Saltzman represented Alber: Zufolo, held in $5,000 bail and Leopizzi represented Joseph Koledo, held in $5,000 bail. Slobodian appeared before Judge Kolovsky without yer. When the judge threatened to revoke his bond because he was not represented in court.

he later appeared with Rothenberg who entered not guilty pleas to charges of bookmaking and maintaining a gambling resort. All of the defendants arraigned yesterday were arrested by police last Sept. 10 except Viscelli, who was picked up the following day; Biss, who was apprehended but indicted by the grand jury on charges of concatholing resort and maintaining a gamb- tavern which had been operated by his father who was charged at the time with possession of obscene pictures. Later. the jury also returned similar gambling charges against the father.

Not arraigned were Thomas Bonfonti and Charles J. Papalia, brothers of two defendants who appeared in court yesterday. They are co-holders of restaurant licenses with their brothers and were indicted on charges of conspiracy to maintain gambling resorts last Tuesday. They will be arraigned net week. Attorney Robert McGlynn, of Newark, will meet with Prosecutor John G.

Thevos this Monday to determine the legality of the questionnaire sent Passaic policemen required to give detailed information about their finances. The lawyer represents the Passaic PBA which will fight the order to submit the private information. The Passaic police are questioning the legality of the 20-page grand jury financial questionnaire which delves into the personal lives of the policemen. They are required not only to answer all of the $3 questions but also take an oath that they understood all questions and fully supplied the answers which they believe are true. Christine (Continued from Page One) alleged craming of Aloysius (Lucky) Gordon.

Gordon, who described Miss Keeler Thursday as an insatiable "kickster" where men ware concerned, was sentenced to three years in prison for allegedly beating her outside her apartment last Aprit 18. The conviction was quashed on appeal. A police investigation uncovered the tape recording and led to the present prosecution. Drury testified that he had arranged hotel accommodations in the country where he thought Miss Keeler would have quiet -Do concentrate on her life story, But she was reluctant to leave London and he asked why, told me, he said, "that someone was more or less blackmailing her and she had to see him every evening in her flat." He said Miss Keeler named the alleged blackmailer as "Fenton. One of her co-defendants is Rudolph Truello Fenton, 39, a bearded West Indian chauffeur.

The others are her best friend and apartment mate. Paula HamiltonMarshall, 23, and their housekeepMrs. Olive Brooker, 56. er, Miss Keeler is charged on one count with concealing from police that Fenton and another West Indian, Clarence Camacchio, were present during the alleged assault by Gordon. Camacchio testified Thursday that Miss Keeler paid Fenton $700 to back up her story that she was cut and bruised by Gor-1 don.

He said he refused a bribe of $2.800 to confirm her account. One of the key factors in the hearing which was adjourned until Oct. 28-is how Miss Keeler received the injuries if they were not inflicted by Gordon. Honduras (Continued from Page One). and permitted "Communist infiltration.

(In Washington, the State Department announced suspension of aid and diplomatic relations with Honduras, and expressed fears the coup would "erode" the stability of the Latin American area and. undercut the Alliance for Progress program) Channel 37 (Continued from Page One) posed that the channel be reservonly until Jan. 1, 1969. FOC Comsrs. Robert E.

Lee and Kenneth A. Cox dissented. The commission said the channel was not being withdrawn from the table of television broadcast assignments, but would not be assigned for broadcast purposes during the 10-year period "to aid and protect radio astronomy." Paterson and Melbourne. had filed application for broadcast use of Channel 37. The FCC said it intends to ask Canada and Mexico to also reserve Channel 37 in those countries for radio astronomy, It also said it would recommend to an international conference in Geneva that this channel be reserved for radio astronomy on a world wide basis for the 10-year period.

Hawthorne (Continued from Page One) on the Erie Railroad trestle on Wagaraw Road. The family, police said, moved to Hawthorne from Greenwood Lake in July. The child told his rescuers that he became lost and had been walking all day. Sues (Continued from Page One) Municipal Court; Magistrate Charles J. Alfano, a local lawver; the Polion Department and the city.

Lydecker issued a summons to Stein on July 19 last year chargling the defendant with parking his abandoned car on a city lot at Edward Ave. and East FortyThird St. Based on the complaint, Grossi issued a summons a week later and Alfano conducted a trial on Aug. 14 last year when he found Stein guilty and fined was jailed in default of the fine. in Municipal Court and was later acquitted of the charge by Judge Kolovsky, who ruled that the ordinance under which the defendant was charged applied only to cars parked on public streets andi not municipal lots.

The judge also ordered that the fine paid by the defendant be remitted by the city. Based on the court's decision, Stein filed suit in Superior Court charging false, arrest, unlawful detainment and malicious prosecution. It was alleged the made by the policeman was improper and the court olerk and magistrate acted without color of legal authority in the issuance of a summons and holding a. trial The defendant charged the magistrate found him guilty, fined him and, then had him jailed because he had ho money to pay the fine. After spending a short time in jail, he was released upon payment of the tine by his wife, who is an employe in the County Domestic Relations Court.

The local Police Department and the city were named defendants in his suit on the grounds that the patrolman acted in the performance of his duties as agent of the municipality and his department. A Leo Bohl, counsel for the defendants, and Adolph Romel, lawyer for the city, asked Judge Kolovsky to order a summary judgment dismissing the plaintiff's complaint. The motion was opposed by Burton C. Pariser, who represented Stein. In granting the motion to dis sky ruled that the cases hold that formed functions in their official capacities, are immune from civil liability even though they may have committed an Guys HOUSEWARE DEPT.

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Reg 8.88 COME EARLY FOR THESE GREAT ROUTE Tune TOTOWA 46 WE RESERVE THE RIGHT TO LIMIT The Call Takes A Stand (Continued from Page One) every intention of obeying the Constitution; all it is doing now is trying to find out whether Bible reading in its borough really is against the law. Apparently, its attorney and others do not seem to think the ruling is sufficiently clear to be legally binding in Hawthorne. We hope the local board right. We hope that it can show that public schools have every legal and moral right to Bible reading and prayers. It seems to us a tragedy that something so harmless, and so helpful, as prayers should be out of an educational tem that has its.

solid foundalions in the moral freedom stemming. from the Christian tradition. We have said before, and we will say again now, that the Bible's inspiration has produced the best that is in our, society and in Western civilization. Our goes out to the board. We hope they can set a precedent by of the desert wilderness blown upon us by what- we believe is an unfair and unjust decision made by the Supreme Court.

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