Oakland Tribune from Oakland, California • Page 2

j- t- JANUARY 27, THURSDAY' EVENING 1 When 'Peaches' ancl 'Dacicly' i'G Highlights of Browning drama now Wits enacted in Camel, the trial, two witnesses were produced in an attempt to prove Browning was abandoned by his girl bride. The lower picture was taken while BROWNING waaleaviotr courtroom atjCarmel on the opening MEMORIAL SITE LEASE RAISES ISSUE GOVERNOR IS LAUDED FOR DEATH STAND art of Railey Jewels Recovered Following fLosf Ad in Tribune Public Eicluded From the Grounds as Ruins of Burned Clubhouse Are Searched. by crowds that attended the trial. N. Y.

Upper photo shows "PEACHES" and "MA" HEENAN as they appeared at the Putnam county court house at Cannel as the opening curtain went up oa the Browaiag draaaa, The trial oegaa January 24 and the day's business was transacted ia 55 rprimitej, after which the hearing moved to White Plains. At the opening of iw ru 1 Ground-Breaking Cerenio-nies of Legion Delayed Until Technicalities Are Smoothed Out at Parley Posfcponsment of the groundbreaking ceremonies at the site of the new Veteran Memorial building. Grand avenue and itarrison boulevard, scheduled for next Saturday, brought to light difficulties over -the city's right to lease the property, to smooth out which conferences are under way between District Attorney Earl Warren and Dr. John Slavich, state commander bf the American Region and Chairman of the Veterans' Memorial building committee. The ground-breaking ceremonies scheduled to start at 1 o'clock Sunday with parade of veterans from the city hall and to culminate In, a program in which Lieutenant Gov-trnor Huron It Fitts was invited to participate as a speaker, are off tmtil all parties: concerned, city, county and veterans, are agreed that construction of the building, for which the board of supervisors has appropriated can proceed without the risk of interruption by litigation.

1 ISSUE INVOLVES DEED. The whole cfuestion involved is whether the city, in leasing the ground to the County fe rthe erection of the memorial, will be fulfilling the terms of the deed Under which the land wad transferred to the city in J.9QI and tberje la. disagreement over the meaning of these' terms. There Is no question as to the memorial being a suitable structure for a park, the supreme court having 'already ruled that such a building is a monumental memorial, but it may take enactment by the legislature of a bill now pending to permit cities and counties to proceed over City of Oakland's obligation to permanently maintain the ground as a. public park.

"I think will be straightened out satisfactorily," said District Attorney Warren. "Because of the amount of money involved, a quarter, ota. million dollars of county, funds I have thought it best (ft sure. of every point, so that litigation cjuld not hold up constructipn of the building after lt.h.ad been. "I am satisfied the situation will be clarified ivigbto a lew days," said Dr.

Slavicb. "There is nnyxmw whatsoever; for any confusion on this matter," asserted Assistant. City. Attorney Ray wbo bas followed every legal, step leading up to the1 selection of. the and the city council ordinance approving the lease of the ground to the DEED DOESK'T KESTU1CT.

"The deed to the property, which became known as Adams park in 1902 after Edson' Adams had erected a conservatoryn the site, places no TEsfcrtctiomr on the use With half of the $20,000 in jewels lost- by Mrs. B. W. Railey in the jClaremont Country club fire recovered, the general public was excluded from the club grounds this morning while Insurance agents searched the ruins tor the remainder ef the valuables. That half of.

the jewelry has been returned was admitted today by Railey, but he would not discuss the manner of the recovery. Insurance agents also refused to discuss the returned jewelry, The recovery of part of the lost jewels became known following the publication in The TRIBUNE Lost and Found column of an advertisement offering a liberal reward for their return. An agent for Roth bone. King and Seeley. insurance brokers, admitted authorship of the advertisement, which listed "among ether pieces," a platinum diamond and emerald bracelet, containing 98 diamonds, with a serpent's head containing a pearl-shaped diamond weighing more than five kal-ats.

The search is being made today, is. It understood, for this bracelet and minor pieces missing since the fire. Plans for the rebuilding of the clubhouse, which was rased, will be outlined at a board of directors' meeting scheduled for this afternoon. According to Railey, who is secretary of the club add made his home there, temporary quarters are to be built immediately, providing locker and shower rooms for members. This has already fceen decided, by the directors, Railey said.

and its only dedication as a park is through the city's naming it." The property known as Lakeside park was deeded to the city at the same time for perpetual use as a water park. Deputy District Attorney Frank Ogden, who inspected tbe deed yesterday, believes there is some ambiguity as to whether the water park restrictions refer also to the land north of Grand avenue on which it is proposed to build the veterans" memorial. Contract "for erection of the memorial, to be used Jointly by the American Legion, Veterans of Fbr-eign Ware, Grand Army of the Republic, United Spanish War Veterans, United Veterans of the Republic and Disabled Veterans of the World War, has already been awarded to Schuler and McDonald. The -money for construction was raised by a four cent tax levy in the tax rate for the last two years, authorized by state law. The city gave tbe county 25-year lease on site, as the law authorizing each use of county funds stipulates that the, county shall expend the money.

The effect of the bill now before the. legislature would be te permit the county to transfer construction funds to the city and a lease of. the site to the county would then be unnecessary. day the proceedings, surrounded the names of boy friends. Epstein then1 produced tbe original and both diaries ware offered by "Mack, A' high point in yesterday's bearing was when Miss Marian Tuasey, a tried 1 of Peaches, testified that Browning had offered to "make it interesting" If she would "recollect" any occurrences that might act against his wife in the separation suit.

i Browning dented rumors that he planned dropping the suit. Browning Is expected to take the stand, himself. lV i if i 1 ifmmmS GE1A1GE NEW REBUKE Parties of the Left gtirred li Announcement That Mori Than One-Sixth of Inconi Goes to Pay Such Tol BERLIN, Jan. 27. OP) Tl generous pension policy of the Ge man reicb, which has caused nil merous political battles irty til reichstag and has drawn fire fro foreign countries on the grounl that such a drain on the treasurl impairs Germany's ability to pa reparations, is again stirring th parties of the left.

The budget for 1927 reveals th: 17.5 per cent of all government expenditures, excluding repara tions, is to be paid out for pension of one kind or another, a of $50,010,000 out of a budget' about 2,000,000,000. The pensio load equals 79 per cent of all nai ments, including reparations, whw- Germany Is making as a sequel losing the war, CIVILIANS HEAVILY PAIM. More than 57,000 former civillii officials, 36,900 army and navy fleers who served under the forma emperor and the repxiblic, an drawing as much as $8000 a ye. each, casuals supported whole or part number 768,660, which are added 870,981 war win ows, 917.000 orphans, 256,162 pa ents of the war dead, SI, 009 wi owe of government officials, in 8700 orphans. Of the six former chancello drawing pensions, Prince Berhhard von Buelow, who is wealthy.

listed sb receiving 27,600 marl annually about J50 Dr. Oeord MicnaeHB, wno was cnancelior three months, 27,0 marks; Joseph Wirtii, 19,66 marks; William Cuno, director general the Hamburg-American line, 18,2.4 mauka; Dr. Hans Luther, 18, 2S from the reich and 4830 marl) from the states. SOLDIERS, SAILORS PAID. Included in the budget list about 20 former imperial state se retaries are 'Admiral Alfred vcj Tirpltz, who receives 24,960 marl a year; Gottlieb von Jagow, 22,11 marks; Dr.

Bernhsrd Dernburl, rnbun id noA reich of tW former colonial secretary and Democratic member of the stag, 17,784 marks. Among the 1600 generals army drawing 17,000 marks ann ally are General Ludendorff, Marshal von Mackcnsen, Gene von Kluck and Field Marshall Ru orecht. former crown prince. Bavaria, who still calls himself tl' heir to the Bavarian throne, Writers? Guild to Entertain at Dinm BERKELEY. Jan.

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$.75 Regu- IaT $10 Value Fit erf ectly. He- brokea. decarea ar aaiasias teeth aow at a big eTla. OinTIST 1- 14 ME In Denying Clemency for Two Condemned Slayers Young Declares He will Uphold Just Trial Verdicts RACRAMENTO, Jan. 27.

The decision ef Governor C. C. Young in denying executive clemency to Ray Arnold, Sacramento youth scheduled to hang at Folsom prison tomorrow lor murder, was commended today by District At torney urnn J. Lowell 01 Flacer county, whs prosecuted Arnold and his pal K. Sayer, also doomed to nans next week.

Lowell said that the governor's action was "'notice that the power ef the governor in criminal matters will be on the side of justice, law and erder," and that It "justifies the confidence the people have placed In him." Arnold was told last night by his death watch that the governor would not save him from the gallows. Ills only comment was "thanks." Asked if there was anything he wanted, the doomed man requested phonograph, and while other ju-isoBers, including Sayer, elept, Arnold solaced himself with music until the early hours of the Sayer was not told of the governor'a ruling until this, morning. KO CAUSE FOB CUEMENCY. Governor Young, in denying clemency te either Arnold or Sayer, outlined a definite policy on all pardon matters, In which he said he had thoroughly Investigated the case, and fesmd nothing to indl- cate that the men had not received A fair end Impartial trial. Arnold and Sayer were convicted accomplices in the- jpurder of Japanese woman' at Penryn In JS24 mrig 'a.

eobfcery. A third man, Arthur Mu Her, who 4s said to have fired the shots, committed suicide. I Governor Young's statement of his pardon policy is ae follows: "For the past few weeks I have been diligently studying the oases of Ray Arnold and Edward K. Sayer, convicted of murder of the first degree and now awaiting execution. 1 "Both I and any executive aeere-tary have carefully examined the documents on file relating to both cases, including a transcript of the I testimony taken at the trial, and the two nupreme court decisions, i one in January and one In October, 12, both by unanimous affirming the judgment of the lower court.

In addition; state ments have been obtained from the district attorney and the Judge Who tried the case. NO RIGHT TO INTERFERE. "I have also read all of the lei; ters submitted ia regard to both de fendanta, many of them addressed to Governor Richardson during 1936, and the remainder addressed to myself since the beginning of the present year. I have talked at length with Mr. Connolly, the attorney for Sayer, and wit former Governor GiUett, who has associat ed himself in the case, and have carefully ntudJed their briefs sent me since our conference.

"Finally, I nave gone ever the eases with relatives of the con. demned men, with the mother of Sayer, and wtth the brother-in-law of Arnold. "I nhenM have been tan than' basnan if I bad not given aynpa- thetie attention te the appeals which have been anada to me, far I thoroughly appreciate the feel ings of those who have appealed. I have earnestly, endeavored to give them all the weight to which they are entitled, but after full consideration I have definitely decided that I have no right In either of these cases to Interfere with the execution of the Having reached this decision, tt te only proper that I should and eus pease by announcing it now. miAIi FOUND FA1B.

"In those appeals to me which have attempted to 'present' arguments the claims were mate that the trial was net a Cair one; that, Rids Self of fcnffwd Tears, Sow Oesn- Relieved. Ciliokiag astd Wheezta Stopped Almost In auatly. Trial Treatment Fret! Sis rn W. Smb. a prominent tuiirn sua af Butoi Karkar, eu.

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Browning Will Begin Testimony EN SORE News of my Special Wonder Plates at $750 is spreading! Into each section of the East Bay and among people in every walk of life my great dental values are making new friends. Join In Divprcfe Hearing on Monday the happy throngs. lou owe it know about my better teeth tor mytterteeth foresmoney. 1 less money. 'vr i even if the defendants defense of an alibi is insutaclent, cney are only technically guilty, since the murder was actually committee oy a third accomplice, who afterwards committed suicide, and finally, that in the case of Ssiyer there was a moral deficiency which rendered him Irresponsible for bis act.

"The nestles a fair trial nas been twice settled by the supreme court In the most careful and ex haustive 'decisions. It would ap pear, that- the trial court was far more fair to the defendants In ezduding evidence of five or abc other robberies ceaimttted tneni in their raid of banditry before the final one which resetted In nnpro-volted murder a lapaaese woman as she 'was attempting to escape fiYine tint Mr.Anat ctf tbe hnldllD: tiAW NOT TECHNICA1j "The; supreme -eeurt held, 4n ef feet at least, that evidence of previous robberies might properly have been admissible. The transcript fully makes it evident that the entire was most carefully and capably bandied. i -oannot agree that the law under which these men were convicted or murder in the first decree is in any sense "tech The law very clearly state i that, all persons in the commission of a felony, -whether they directly 'commit the act con-stituting the offense, atd- and abet in Jts commission, though not present, shall1 proeeeuted, tried, and punished as principals "The evieence amply shows that ths youiig cicti; were toarether engaged in committing a robbery, (a. the course a nutnaa being was nuu-dered.

Under kese circujastances, tbe court holds that those who do not fire the fatal shot 'are considered in law as, guilty of the crime which was committed in the death of the deceased a.s though they had actually elaln' the deceased with' "their own hands. And also that, murder committed in the attempt to perpetrate robbery is murder of the first degree, FOUND SANE. This law is. a very well established and very necessary one, fee without it the law-abiding public would never be 'safe from attacks of banditry. foil -law Is nob peculiar to California.

I sua advised that a similar law is to effect te-day, either by statute or common law in every state in the Union and tn every--civilised Jiaiion. "Finally the claim is made that the defendant, Bayer, is sneralty irresponsible for bis acts, ana has never "Jjeen" morally responsible, though nowhere is any insanity alleged. Three doctors examined" Sayer after the trial and all reported that be was perfectly aane. In fact, one alienist, though calling Bayer a 'moral moron," in tire eame sentence etates that he is Intellectually -while' another physician, mho- alee claims that be lacks teoral also elates that 'intellectually he is up to normal. "These are.

the two medicat men who make the strongest plea as to bis lack responsibility. Though bis weakness la arfaged te be of long atandiag, tie attempt was made at the. trial to show either mental er moral incapacity. As a matter of fact, suspect that any one who commits a felony must be morally weak, but. If society is to be protected, I feel that the penalty ef his act must nevertheless be paid.

"I need not nay that the necessity of upholding the law and of refusing pleas for clemency is the most painful duty governor ts called upon to perform. In the case of Sayer. for Instance, am forced to disregard the wishes: of many friends of this very respected -Coie-rado family. AUfj PIJSAS REJECTED. "In his behalf letters have been Written by a cabinet member," governors, past and present, by members of congressv by Judges, aad similar bigb of Dcrals, as well as by some ef my own personal friends.

Yet, as one sworn te uphold the law despite these pleas, and, hardest of all, despite the plea of his good -mother, I can only respect the results ef a Calf and Ira-partial and set the law take its course, in his case as well as In that of Arnold. "In the future I shall contlnee carefully to conn id er every similar case upon its merits, though I shall not attempt to discuss other cases as fully as I have done in this i-Stanee. "I have felt that tt was only proper Just now to make ray -at-- titude perfectly wear that; while I entirely realize the meaning of -a governor's power in eaercising executive-clemency, unlets there is some extraordinary ci rc mstances JUL -II Regular $35 Value STYLE PRAISED The average Woman dressed in the style of today Is sensibly and healthfully clad, let the critics say what they will," declares Dr. Katherine C. Manlon, assistant supreme medical examiner of tbe Woman's Benefit association, who will be the guest of the association in aa Francisco tonight and tomorrow night.

Save Your Children from rain 18S KEARNY 8T. SAN FRANCISCO I WHITE PLAINS, Jan; 27. -JP) Counsel for Edward West, Browning, after atudy of tbe testimony Siven the last twoHOays here tn the eeparatiea auk brought; by tbe realtor against bis young wife, the former PeaChen Heenan, will endeavor to Offset this evidence, beginning Monday. whp was denied a bill of particulars some weeks ago, has learned in two days' testimony by his wife, her mother, friends and doctors what tbe specific allegations of cruelty against him are. The wife's is complete except possibly; for testimony by an alienist.

A -recesB -was taken yesterday at the request ef connect. i L'r-. i Tbe hearing will esentiane pen to the public Aa to a pfotiesrfrvm John 6. Sumner ef the Knw York Society for the Prevention ef Vice, Justice Geeger said he bad nothing to lead bim to believe tbe parties in the action had ever aought "The policy of our law ia against secrecy except tn euch cases aa are definitely aet fortivln the law," he added, acta secrecy Is "likely to breed Browning's counsel is preparing a brief citing authority for the admission of a diary kept by Aire. Browning before her marriage and ruled out by Jostles Seeger.

Tbe lawyer, John E. Mack, first offered in evidence a diary that Peaches at 'first testified was an exact copy of an original kept by her. Henry EpafiMtl'aer. lawyer; later informed the eourt Peaches faa4 told him that tbe copy omitted The aoatvereary "Robert 'Bums' birthday will be celebrated 8at- .1. rmi -Khali faall tin.

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