The Birmingham News from Birmingham, Alabama • 1

SQUARED AWAY Blue, Gry forces ready to do battle. See Pe 30. OTHER PAGES: CLOUDY WARMER BIRMINGHAM AND VICINITY Partly cloudy and warmer tonight, anc Wednesday. High today, 57; low tonight, 33; high Wednesday, 62. (Furnaard the V.

S. tiriw) (The Birmingham ms Pege Page Editorials 14 Bridge 27 Social 17 Sports 28 Amusements 22 Comics 32 Crossword 23 Radio-TV 35 PRICE: 5 CENTS BIRMINGHAM, TUESDAY, DECEMBER 21, 1954 40 Poges 3 Sections 67TH YEAR NO. 242 LIMESTONE JURY REPORTS Ex-judge indicted in funds shortage rom where Istand National Guard has well earned yuletide vacation BY VULCAN YOU MAY HAVE noticed that most of the National Guardsmen on duty at Phenix City will be home for Christmas. But a detail adequate for law enforcement will remain on duty in the Russell County town over the BY CLANCY LAKE, News staff writer ATHENS, Dec. 21 Former Probate Judge G.

McCracken was indicted today on a charge of embezzlement and a charge of having carnal knowledge of a man. holidays. Ole I has learned a lot about the Alabama National Guard I never knew before during the military rule in Phenix City. Maybe you have, too. The Guardsmen certainly Two policemen fired in beating of prisoner The Birmingham Police Department today clamped down on City Jail policy after booting two officers accused of beating up a Negro prisoner.

Fired were Policemen Arthur S. Lynch 34, of 7319 Third-av, and his partner, J. W. Siniard, 35, of 316 Fourth-ct, w. Police Chief George L.

Pattie said both officers had admitted leaving their patrol beats Dec. 11 and going to the jail where they did strike or kick Charles Patrick, 34, of 3221 62nd-st, n. Earlier, the policemen had denied the attack and said they didnt remember if they had been to the jail on that date. In the future, all Birmingham policemen visiting prisoners being VULCAN Famed author passes James Hilton. New federal building plans This plan for a new federal building in the court at the present postoffice building, building for Birmingham was presented today by the The plan was presented to Edmund F.

Mansure, head of Committee of 100. It entails constructing a multi-story the General Services Administration. In courtyard at present site Plans for multi-story federal building presented to General Services head A. S. LYNCH J.

W. SINIARD BY LANE CARTER, News staff writer Plans for a new federal building for Birmingham were presented here today to a high federal official. The plans entail construction of a multi-story building in the courtyard of the present postoffice building at 19th-st and Fifth-ov, n. Edmund F. Mansure, head of the General Services Administration of the Federal government received the plans.

He said the proposed cost was the lowest of any plans for a new federal building yet presented to him. Mr. Mansure was In Birmingham to determine if there is a need for a new federal building here. And if he finds there is a need, he said, his next duty will be to see if this need can justified to members of Congress. Plans for the building were presented to Mr.

Mansure by Clar ence B. Hanson publisher of The Birmingham News and chairman of the Committee of 100. In presenting the plans, he was acting only as a member of the Committee of 100. Jurors remain silent; Sheppard more optimistic BY RELMAN MORIN CLEVELAND, Dec. 21 (5s) The Sheppard murder trial jury ended today's morning session still wordless, but hope persisted in the courtroom that this will be the day of the verdict.

At 2:13 p.m (EST) the jury passed the 100th hour since deserve the holiday. You and I can be proud of the type of men who have enlisted in our state militia fellows who left their law offices, truck routes, mill jobs and other employment to serve their state in Phenix City, and who stand ready for any emergency. Our Alabama National Guard has distinguished itself as a first-class fighting force in two World Wars. I dont think too much can be said about the great job done for the National Guard by Gen. Walter J.

Hanna. Certainly his men have been proud of him, as have the people of Alabama. And Gen. Hanna and the people of Alabama have every reason to be proud of the members of the Guard. The National Guard is not and must not be a political organization in any way.

It is and must remain a military organization dedicated to serving the needs of the state. When Bill Partlow of Tuscaloosa, becomes adjutant general of Alabama he will inherit a fine National Guard organization with men and officers of the highest type. Ole Vulc wishes him well in the keeping of this best tradition. Civic ballet BIRMINGHAMS Civic Ballet has been getting some national publicity. Guess you know that the Ballet will stage performances in Anniston and Montgomery.

Ive never seen the likes of the way ballet has caught on so widely in our town. These things just dont happen. It takes planning, work, leadership. And Ole Vulc is grateful to the people who have made these contributions to the cultural growth of our town. Taps on the anvil HERBERT MEIGHANS good friend, Albert Rains, made the dedicatory speech at the bridge over the Coosa named in honor of the late great Alabamian.

They worked together for many years to do things for the Coosa River. Young Mens Business Club getting all set for the election of Birminghams Man of the Year for 1954. Nelson Weaver, the real estater, howdy-Ing friends in a Christmas manner on Highland-av. New federal building? EDMUND MANSURE. the General Services administrator from Washington, was in Birmingham Monday to look over the needs for a new Federal Building One of the greatest needs in Birmingham is more space for postal workers to sort mall and handle packages Birminghams mail handling has grown tremen-dously since the old postoffice was built Federal agencies are scattered all over Birmingham in various leased spaces.

It's my Alabama JOE AZBELL, the Montgomery columnist says last year two laundry route men In Alabama's capital earned more money than members of the City Commission or bank vice presidents. Geneva County now has a "postoffice on wheels," a big bus that makes stops In Geneva, Hartford, and Slocomb. The special Limestone Grand Jury returned the indictments after stating a $1 0,489 shortage had been uncovered McCracken's office. He was indicted on 17 counts of embezzling the funds. The second charge stated that was indicted because he against the order of nature, carnally knew Delma Compton, alias Delmer Compton.

Compton was identified by officers hefe only as resident of the area. McCRACKEN WAS released under $3000 bond. Last week he told The News he would issue a statement after the Grand Jury reported. Today, however, he changed his mind and would not comment on the indictments or Grand Jury, report. A formal demand was expected to be made on McCracken today by state auditors for return of the balance of $10,489, which the Grand Jury reported missing from his office.

This action is a formality, and if the money is not turned over to the state, proceedings may be made against McCracken's bondsman for the funds. THE JURY DECLARED It could find no evidence to substantiate statements made by McCracken that more than $4400 had been stolen by burglars from his office last month. In its report to Circuit Judge Newton B. Powell, the jury stated: 1. We find there is a shortage in the funds of the office of the probate judge of Limestone County in the amount of $10,489.

Said shortage developed or occurred from the time McCracken office on Jan. 19, 1953, and Nov. 16. 1954. 2.

The jury has found no evidence of undue pressure having been brought by any person or public official to force Judge McCracken to resign from the office of probate judge on Dec. 2. McCracken had charged state auditors, a state investigator and County Sol. Thomas G. Steele coerced him into resigning when they began a probe of a reportage shortage in his office funds.

McCracken later unsuccessfully tried to rescind his resignation, but Gov. Gordon Persons woifld not accept it, and named Roy Malone as the new probate judge of Limestone County. 3. The jury said, We have not found sufficient evidence to justify a finding that the office of the probate judge was unlawfully entered by unauthorized persons during the period from Nov. 13 through Nov.

15, 1954. McCracken had reported to officers that someone broke into his office and stole more than $4400 collected by members of his staff for various licenses and fees. 4. The jury was instructed to look into the fact that some nine days after the reported burglary about $500 in bills were found on the lawn of the Athens Junior High School. The jury noted, We are unable to determine definitely that the money so found was a part of the funds allegedly missing from the office of the judge of probate.

However, we have heard evidence from one employe of said office that, in her best judgment, two of the bills which were found on the school campus had passed through her hands during the course of business as an employe of said office. We desire to make this information known to all interested or concerned parties." The jury, which went into special session eight days ago, noted it had docketed four cases in connection with the two Indictments returned as a result of the investigation. Judge Powell, after receiving the report commended Circuit Sol. George C. Johnson and County Sol.

Steele. Reds fry to bomb Tachens, driven off TAIPEH, Dec. 21 (P Chinese Communist planes tried to bomb the Tachen Islands today but were driven off, the Nationalist defense ministry claimed. The- ministry said seven Red Planes flew over the Tachexui at 3:35 this morning and dropped more than 10 bombs which it said missed their mark and plunged into the sea, causing no damage. It said Tachen antiaircraft batteries and Nationalist warships opened up against the raiders.

The ministry identified them as TU2s (Tupolex twin-engined attack bomBers) and LAlls (Lavochkin fighters also propeller driven). Hilton gets his chance to say 'Hello Mr. Chips' LONG BEACH, Dec (1 James Hilfon, novelist and screenwriter books included Mr. Chips" and "Lost Horizon," died last night a long illness from of the liver. He was 54.

Critically ill for several weeks, succumbed at 11:45 p.m. (PST) Seaside Hospital. His former Alice, who had maintained a for days, was still at the ALTHOUGH he had been for the motion picture he had lived here in Long for 10 years. Hilton entered the hospital Nov He was suffering from an infection the nature of which has been disclosed. Today, his physician.

Dr. David Wigod, said that Hilton had been suffering a long time with cancer the liver. The author had been at death! for several days. His Mrs. Adele Varriklow, also remained at the bedside through the critical stages of his illness.

HILTON, born Sept 9, 1900, In Lancashire. England, hac, it was Hollywood which brought him to America although said he couldnt find America Hollywood. live in Long Beach because put me closer to the feel of America, he once said. You Turn to Page 12, Column 3 McAuliffe to lead Army units in Europe WASHINGTON. Dec.

21 Gen. Anthony C. McAuliffe. combat leader who 10 years said nuts to a German surrender demand at the Battle Bulge, is going to become commander of U. S.

Army forces Europe. The Army announced yesterday McAuliffe will succeed Gen. M. Hoge, who will retire next month. McAuliffe, 56, commanded the Airborn Division late in 1944.

will be succeeded In his post as head of the Seventh by Lt Gen. Henry I. Hodes, present commander of the Corps. 21 British whose "Good-sye, after cancer he in wife, vigil bedside. writing industry, Beach 21.

not however, of door secretary, had Leigh, said he in it (FILL the ago the in William 101st He present Army Seventh it took the case. It has been in actual deliberations 36 hours and 41 minutes. Although jurors gave no sign again, when they appeared in the courtroom prior to being excused for lunch, optimism continued for a decision today in the drawn-out trial. It was based mainly on the fact that in answer to Judge Blythins question last night, they requested more time to consider the case. THEY ARE NOW in the fifth consecutive day of deliberations.

Dr. Samuel H. Sheppard, the accused man, stands charged with first-degree murder in the bludgeoning death of his wife, Marilyn, 31, last July 4. He told the jury durjng the nine-week trial that he was asleep when a mysterious prowler attacked his wife. He said the killer knocked him unconscious when he ran to the bedroom where the murder took place.

Sheppard, as usual, was present today when the jury was excused at 12:20 for lunch. THE AIR OF confidence that began to show in his face Monday night was even more pronounced today. After Deputy Sheriff James Kilroy unsnapped the handcuffs, the accused man walked across the room with a quick springy step. He smiled slightly at members of his family and then sat down beside one of his three attorneys. Perhaps significantly, Shep- Eards chief defense counsel, grav-aired William J.

Corrigan, was not present detained at the Jail will he required to sign a permonent roster, the police chief said. PATTIE ALSO suspended an assistant warden at the jail 10 days without pay. Earl J. Jackson 31, of 3808 37th-av, was repri-manded for failure to report the incident. Meanwhile, the FBI announced it was investigating to determine if any federal statutes had been violated.

James A. Robey, agent In charge at Birmingham, said the investigation would show if the jail attack had deprived the prisoner of any of his constitutional freedoms. Patrick, an Acipco cook, was jailed after a run-in with Officer Lynchs wife. Margaret, over parking space. HE TESTIFIED In Recorder! Court last Friday he was backing into the space when she pulled into it head-on.

In the ensuing Turn to Page 12, Column 4 Hope almost gone for missing boy MIAMI, Dec. 21 (P Hope was virtually abandoned today for a 5-year-old handicapped boy who wandered away from Christmas party Sunday. Police believe Shapley Lalor, who has a speech handicap and cant talk except to say Boo probably fell into the i a River and drowned. For a time, hopes of the 35 police engaged in the search and of the parents, Mr. and Mrs.

Charles Lalor were bright They found a childs footprints on the seventh green of the Miami Country Club but Shapleys shoes didnt match the prints. Bloodhounds couldn't follow the trail. The Country Club golf course is about five blocks from the Red Fez Club, the Shriners clubhouse where 500 children were guests at a Christmas party. Shriners were guarding th river bank near the club and they believe Shapley wandered from the club before he fell Into the river. For a lucky boy Christmas Day will be a time of hilarity and happiness for the lucky boy who gets this "wagonload" of gifts gathered for him by Miss Dixie Coggin, Jefferson County Department of Welfare child welfare worker.

The Welfare Department hascollected hundreds of gifts for the 150 children who board in foster homes here. And, says Mrs. Eric W. Fulcher, supervisor of child welfare, the foster parents are pitching in, too. Every child will be remembered.

THE PROPOSED BUILDING would be 14 stories high and 180 by 90 feet. It would include a basement. The cost per square foot was estimated at S15.40. It is the best presentation we have received to date, Mr. Man-sure said.

Other estimates for building in other cities have not been lower than $20 per square foot, Mr. Man-sure said. This cost, he pointed out, is not to be confused with that of new postoffices. He explained that the new idea for postoffices is warehouse, factory type buildings, outtside the downtown areas of cities. If the new federal building were built here as planned it would mean building one of the new type postoffice, Mr.

Man-sure pointed out The facilities in the present postoffice would be used as a sub-station for distribution of mail, he explained. Cost of the new type of post-offices has been estimated at as low as $12 a square foot, Mr. Man-sure said. The present postoffice building will be renovated if the new building is constructed within the court, according to the plans submitted. MR.

MANSURE said any recommendation he may make would be given to the public works committee of the House and Senate when the new Congress convenes in January. He spent the remainder of the day inspecting the spate the fed-Turn to Page 12, Column 2 Committee of 100 says Hammond Works expansion is near BY ROBERT W. KINCEY, News staff writer A major expansion program at the Birmingham plant of Hammond Iron Works is in early prospect, the Committee of 100 announced here today. A tentative ogreement hgs been reached between that company and Henry Sears private investment firm At 3:24 a.m. tomorrow of New York- orm 0 new DROODLES By Reger PHe company, as yet unnamed, to conduct and expand the present business, products and facilities of Hammond Iron Works.

The new company will be built around existing Hammond personnel, organization and facilities, and will be augmented to provide greater service to general bust ness, particularly in the petrochemical, processing, water works, and utilities fields. Purpose of the new company is to acquire and develop various types of industry. It has four general partners: J. H. T.

Gould, associated with Stone Webster, Boston: Charles E. Saltzman, present under secretary of state and now on leave to the State Henry P. Sears and Dudley P. K. Wood, formerly of the Radio Corp.

of America. Turn to Page 12, Column 7 Today's chuckle MOTHER: Im worried about Juniors arithmetic. He told me seven and four makes twelve." BATHER: Not bad for the little tike he only missed It by two. (c). Old King Cold mounts throne for new reign Birmingham will give a warm reception to a cold season tornot-row.

Officially. Old King Cold mounts the throne of Winter at 3:24 a.m. tomorrow. Rising temperatures marked the fall of Fall today, and will bring a fairly mild 62 high tomorrow, the shortest day of the year when Old Sol, figuratively speaking, has gone South for the Winter. TonightS low will be 33 de- The Fall inale today brought a 24-de-, gree low and a white frost i to the Binning-( ham district A WINTER SETS In when earth turns its southernmost exposure to the sun.

the Tropic of Capricorn 22Vt degrees south of the equator. Sunrise is at 6:47 a.m. and sunset is 4:42 p.m. on the shortest period of daylight in the year. Thereafter the earth's swing brings more sunshine northward.

Already the temperature has dipped to 21 degrees, on Nov. 3, and has dipped Into the 20s this week after a Sunday snow. January is Birminghams cold month, averaging 35 degrees low and an inch of snow. February and March bring an average of .3 inch of snow. The judges customary Warning Don't discuss this case with anyone was even shorter than usual.

The strange case, which has excited intense controversy in Cleveland, was given to the jury Friday morning for a decision. As the fourth day wore along, the six lawyers three on each side who argued the facts for nint weeks, suddenly appeared in the courtroom and immediately went into a conference with Judge Blythin in his chambers. When they came out. some said "No comment cant say any-thing. One said they had agreed not to disclose what, if anything was decided.

It was learned on firm authority, however, that the jury would be Turn to page 12, Column 1 Armstrong lauded on 70th birthday for service to city City Comptroller C. Armstrong was honored today on his 70th birthday. In City Commission meeting. Commissioner Wade Bradley paid tribute to Armstrongs 42 years with the city nearly 30 of them as comptroller. Bradley cited the Ohio-born comptroller as having served the city with more distinction for a longer period of time than any other employe.

Armstrong, nationally recognize in financial circles, stood with head bowed as commissioners and spectators applauded. "Two kings under sheet The king business is really hot these days. So many of them are out of work they've formed an organization, the International Association of Ex Kings' (CIO) Local 17. The Duke of Windsor and Peter of Yugoslavia head the steering committee and line up invitations for members to free toad, give advice about Jewel pawning and run a crown blocking service. There was some debate bout his eligibility but they elected Hat Cole, president, anyway.

They had to. Hes the only King whos working and can afford to pay dues. Another king, a hairy unemployed actor named Kong" lust turned in his resignation. Kong said they were a nice group but he just couldn't stand Farouk'a table manners. Old jingle bucks FRANKFURT.

Germany, Dec. 21 05) The Army radio's Santa Claus got this letter from a youngster today: I want a train, a Jeep and a dog that talks. Would you please try to get these things for me? P. If you need some money, Just take It out of ray dads pants pocket. He is captain and is loaded." will go to Birmingham's Speech and Hearing Center, which works to bring the power of speech to those who need it.

Here practicing for the songs they will sing Christmas Eve are, left to right, front row: Nelson DeBardeleben, Anne Monaghan and Bill Ringland. Back row: Adrian Ringland and Catherine Monaghan. (Photo by Kath- erine Agee.) Christmas is a hope and prayer The sound of music and the light from candles will mark Christmas Eve in Birmingham Friday night. Some 10,000 local children will sing in small groups before every lighted window so that other children will be able to talk and hear. The money Birmingham citizens give for those songs.