The Brooklyn Daily Eagle from Brooklyn, New York • Page 1

THE WEATHER Bt 0. 1. Wttthir Bureto FAIR AND COLDER TONIGHT AND TO' MORROW. WALL STREET Stock and Curb Closing Prices "A Ar A "Ar Ar Daily Eagle me date. SB 36 PAGES NEW YORK CITY, FRIDAY, JANUARY 11, 1935 ENTERED AT THE BROOKLYN POST OFFICE AS 3D CLASS MAIL MATTER IS EST iwm, Federal Agent Saw No Conflict With Duty in Ransom Strategy HAD 'DIRTY GREEN' AUTO REPAINTED AFTER ABDUCTION o.

as it kiw von it DEPOSITED BY 'tig CU DATMINt New York i fit federal Reserve Bank ot NEW YORK, aaoiMt 6 out Check TOTAL 7v AMOUNT Associated Press Photoa. The deposit sllpwhlch accompanied exchange of $2,980 of Lindbergh ransom money for silver certificates, referred to by Frank Wilson, Federal agent, in testimony today. The mysterious exchange too kplace at the New York Federal Reserve Bank the day the gold embargo went Into effect. The slip came to light shortly after aHuptmann's arrest. Right Albert S.

Osborne handwriting expert, who testified today Hauptmann wrote all the ransom notes received by Colonel Lindbergh and Jafsie. Temperature, noon Year ere (eler Mn averwe 10 jtm 94th YEAR No. 10 125 Billions U.S.Gold Suit Sets Record "Case Hinges on Right i to Abrogate Pledges of Payments in Metal By EDWARD A. RUHFEL While public was concentrated so Intently on the trial cf Bruno R. Hauptmann this week, the biggest law suit in the history of the world has literally sneaked into a darkish spot In the limelight.

It is the gold clause case now before the Supreme Court of the United States. It involves a sum variously estimated from $65,000,000,000 to $125, 000,000,000. There is no mistake in those zeros; they are correct; the fcmount is billions. One Fact the Issue Specifically it revolves around this tingle fact Has the Federal Government, the right to abrogate the clauses, promising repayment in gold of specified Weight and fineness, of more than $100,000,000,000 in bonds and other securities, contracts and similar instruments? The Government asserts that it has this right, under that article of the Constitution giving Congress the power "to coin money, regulate the value thereof, and of foreign coin." This is Article 1, Section 8 Of the Constitution. Owners and holders of the obligations and contracts containing this gold clause stand on the letter of their contracts.

Even the U. S. Government pledged repayment in gold in the great bulk of its Liberty, Victory and Treasury bonds and notes. Admitting th impossibility of repayment in metallic gold, they demand the present equivalent in U. 8.

currency of the Value of the gold that Is specified in the contracts. Gold is now quoted $35 an ounce; it, used to be $20.67. The Attorney General of the United States, arguing in defense, asserts public expediency required the abrogation of the gold clause, that there is nowhere in the Constitution anything prohibiting Congress from impairing contracts, that no repudiation in fact has occurred, Continued on Page 28 Market Is Down On Sharp Attack Financial markets had a bad day of it today. Stocks were under sharp attack and lost up to five points in individual issues. Wheat and corn broke two cents a bushel.

Speculative bonds declined. Industrials lost 1 points, rails one point and utilities i. Wall Street seemed suddenly to realize that the price structure erected since early 1933 is jeopardized by the possibility of an adverse U. S. Supreme Court decision in the gold clause case.

It caused many nervous holders of stocks and commodities to dump them. At 230 o'clock, prices generally were a trifle above the lows, but still active with no particular sign of sustained rally. The dollar did not reflect any particular idea of a change in its basis. Sterling was up one cent to $4.92 V4. Francs were down a little to 6.61 cents.

Gold in London was up 5 pent j. urb prices were lower. (Stock Table on Page 29) Heffernan Chosen Clerk by Justice John Heffernan, former secretary to Associate Justice Isaac M. Kap per of the Appellate Division, who retired Jan. 1, has been appointed clerk to Associate Justice William F.

Hagarty. also of the Appellate Division. Heffernan succeeds Joseph Tully. In Today's Eagle Fir Amusementi 26 27 Comics S5 BridK risi(id Ad! S3 Dtath Nollrn 11 Dr. Brs 1 Editorial 20 Financial SS 31 T.oild Krwi IS Lost and Found, Personal 3 MoWm 26 27 Novel 16 Itadlo 24 Real Estate 31 School Newt 7 Ship News SI Soclrtr 21 Snorts 22 24 Theaters 28 27 Woman Pat sots THREE CENTS First Ransom Bill Was Discovered Near the Apartment Where Ao eused Man Had a Job Early in April, 1932; Bruno Hauptmann took hii 1930 Dodge sedan to a Bronx garage and had its green body painted black a month after the Lindbergh baby was kidnaped, it i was disclosed today.

Amandus Hochmuth, aged wit ness, testified at the trial he saw the defeendant riding in a dirty green car near the Hopewell es estate within a few hours of the kidnaping. George Johnson, mechanic in the garage in E. 182d St, the Bronx, said today he remembered the ineident distinctly and placed the date as April 2, 1932. Johnson told his story to Inspector Henry Bruckman, who is in Flem ington conferring with the pros ecution about this new evidence. By WILLIAM WEER Staff Correspondent of The Eaola Flemlngton Courthoua Jan.

nMute witnesses "circumstantial evidence" they are sometimes called I.UU1 li vj today and gave their moving testimony against Bruno Richard Hauptmann as the kidnaper and slayer of Col. Charles A. Lindbergh's baby nearly three years ago. They were bills, these mute witnesses, the ransom bills found on Transcript of today's tcsttimoiiy on Pages 8 and 12. Other pictures, sketches and stories, Pages 3, 8 and 12.

Hauptmann's person and in his home in the Bronx. They were the ransom notes 14 In all, 11 with the mystic concentric circle signature. There were other writings, which Hauptmann after his arrest took down while police witnesses looked on. The prosecution marshaled them, singly and in groups. Most important of all were the notes.

For whether Hauptmann wrote these, including that first note on the nursery windowsill which Colonel Lindbergh found in place of hia missing son whether he wrote them or not might decide the whole issue. Charged to Hauptmann Elderly, distinguished looking Albert S. Osborn an expert on handwriting and documents for more than 30 years, testified as to them. He said: "All 14 notes were written by the same writer. They were written by Bruno Richard Hauptmann." Hauptmann himself looked on, with a steady stare, gave no sign of the enormity of what was being said against him.

His pallid, blond haired wife listened, turned slightly in her seat but made no comment. How had he reached the conclu Continued on Page 3 Owns $15,000,000 Of Motor Stock Washington. Jan. 11 yp) Reports to the Securities Commission showed that C. F.

Kettering, a director of the General Motors Corporation, directly or indirectly owns 449,329 shares of General Motors Corporation stock, with a current market value of approximately $15,000,000. Biggest Law Suit in History The Gold Clause Case Now before U. S. Supreme Court. Comprehensive Article by Thomas E.

Huser of Milbank, Tweed, Hope Webb Financial Section Sunday's Eagle uinrvi Mm Special by Staff Correspondent of The Eagle Flcminyfon Courthouse, Jan. 1) Federal Agent Frank J. Wilson, knowing his duty to apprehend criminals, saw no conflict with duty in the fact that he did not interfere with the ransom negotiations and payment. He saw his duly and he did it, with the rcsidt, he stated, that Bruno Richard Hauptmann 11 on trial here for the kidnaping and murder of the Lindbergh child. A fragment from Wilson's testimony, follows: Ickes Backed By Roosevelt In Moses Tilt President Discussed With Secretary Order Seeking Resignation Eagle Bureau, National Press Bulldlnr.

By CLINTON L. MOSIIER Washington, Jan. 11 President Roosevelt today revealed he discussed with Secretary Ickes the order requiring the resignation of Robert Moses from the Trl Borough Bridge Authority months before the order was issued. Mr. Roosevelt stopped short of saying whether he is behind Mr.

Ickes or with Mr. Moses and Mayor LaGuardla but he left his audience with the definite Impression that he is supporting Ickes. It is accepted here as a fair assumption that, since Mr. Roosevelt was thoroughly conversant with the situation well ahead of the issuance of the order by Mr. Ickes, he certainly could have stopped it if he wished.

Discussed the Order At his morning press conference, the President was asked if he were familiar with the now famous order No. 129 issued by Mr. Ickes as Public Works Administrator. The President replied that he knew all about it, that his head was full of the facts in' the case. Asked if he had discussed it with Mr.

Ickes, he said he had been talking Continued on Page 2 Mme. Sembrich. Singer, Is Dead Born Poor, Gained International Fame as Star in Opera Roles Mme. Marcella Sembrich, 76, internationally known opera singer, died today at her home, 151 Central Park West, Manhattan. Death was due to angina pectoris, of which the former Austrian operatic soprano had been ill since Nov.

15, last. Her home was with her son, Marcel William Stengel, and his wife. They are the only relatives she had in this country. Madame Sembrich, who sang at the Metropolitan Opera House's opening week in 1883, was born Praxede Marcelline Proschanski, daughter of Casimar Prochanski, a poor music teacher in the village of Wisnewe zky, Lemberg. By the time she was five years old she was playing Mozart and Beethoven on the piano.

Later she studied the violin and some said that should be her career, while others insisted upon the piano. Encouraged by Liszt Finally, it was Franz Liszt who started her thinking ahput opera. She began singing in Vienna and from then on she had her heart set on an engagement at London's famed Covent Garden. Her dream came true when, following a rehearsal of the great Patti, she was given an audition by Ernest Gye, impresario, which ended with her receiving a contract. Her career brought her finally to New York and the Metropolitan.

Some critics likened her to Jenny Lind. King of Manchukuo Dying; NameRegency London, Jan. 11 W) The Singapore correspondent of the Exchange Telegraph agency reported today Emperor Kang Teh of Manchukuo was gravely ill, that there was little hope of recovery and that a regency council had been appointed to govern the Japanese created empire. On the Inside Forgotten Treasures uncovered in The Eagle's Attic Treasure Hunt, by Guy Hickok; Page 17. Handling of the bonus marchers has the Washing ington hoys worried, Paul Mallon says; Page 17.

Tommy Holmes discusses financial prospects of clubs in the major leagues; Page 20. I INCOME CUT Philadelphia, Jan. 11 OP) A court ruling has made a deep cut in the inheritance Mrs. Charlotte Nash Nixon (above), Atlantic City beauty pageaui, winner, will receive from the estate of Frederick G. Nixon Nirdlinger, the husband she shot to death at Nice, France, on March 11, 1931.

With counsel representing her and her two children present, Orphans' Court Judge Allen M. Stearne yesterday ruled that the husband's death terminated his 29 percent interest in a $2,756,002 trust estate created undei the Vlll of his father Sam uel F. Nlrdilnger. Hal Fullerton; Is Dead at 77 Farm Expert Conducted L.I.R.R. Experimental Station at Medf Special to The Eagle Patchogue, Jan.

11 Hal B. Fullerton, for many years noted as the manager of the Long Island Railroad experimental farm at Medford, died at 5 a.m. today in the Patchogue Hospital of heart trouble after a week's illness. He was 77. For years Mr.

Fullerton was regarded as almost an infallible authority on the condition and quantity of Long Island crops and many agricultural miracles were ascribed to his knowledge of farming. A recognition of Mr. Fullerton's ability was his selection by the American Committee for Devastated France, of which Anne Morgan was president, to go to France after the World War and help with agricultural reconstruction. Mr. Fullerton ended his association with the railroad's experimental farm in 1927, at which time he was the guest of honor at a testimonial luncheon tendered by the officials of the railroad.

At the experimental farm 987 kinds of plants Continued on Page 17 Saarlanders Mum As Nazis Return Copyriiht, 1935, by the Associated Press Saarbruecken, Saar Basin Territory, Jan. 11 Streets strangely bereft of the shout "Heil, Hitler" greeted thousands of Saarlanders who arrived home from Germany today ready to vote in the Saar plesiscite Sunday. It was like a dash of cold water to many who had expected Nazi welcom is similar to those given homecomers from America. The German Front (Nazi) leaders have warned the Nazis to give up their welcoming demonstrations rather than to risk retaliatory measures by the Plebiscite Commission. Approximately 8,000 voters arrived at the Saar Basin territory today.

Tomorrow another 40,000 are scheduled to pour into the territory. Fifty five thousand were expected from abroad before the polls close Sunday night. Representing 10 percent of the total vote, they may hold the fate of the Plebiscite. Cleared in Slaying, Now Faces 25 Years Edward Doughs 38, of 20 Warren St. acquitted in 1924 of slaying a grocer and later sentenced to 20 years for robbery today faced 25 years in prison on pleading guilty to first degree robbery.

Less than a year after being paroled, having served half his sentence, Dougherty attempted to hold up a wagon Dec. 20. ''if 4 (fiK i with those negotiations and apprehend the criminal? A. Q. Didn't you know that it was your duty to apprehend the criminal? A.

Yes, sir. Q. Did you do it? A. Yes, sir. Q.

How? A. We retained the serial numbers on the ransom bills and as a result of that we were successful in finding a large amount of it in the possession of one person and that evidence was presented to the grand jury of Hunterdon County with other evidence which resulted in his indictment and he is now on trial for murder. Approve Plan For New Sales Tax Collection Estimate Board Action for Another Controller Calls Deputy To handle the tricky new sales tax and other relief taxes, the Board of Estimate today approved the cre ation of an additional tax collection agency in the Controller's of fice. Heading the agency will be a new deputy controller at $8,000 a year. The total cost of the new work will be $500,000.

the exoenditure to be first approved by the Board of Aldermen. The board also voted today to appropriate $35,000 to continue Investigation into guaranteed gage sales. It did not act on a request for $25,000 to continue in vestigation of relief activities, but Mayor LaGuardla indicated it would be forthcoming next week. After more than a year of controversy, the board yielded to demands by Catholic organizations and refused to vote for the appropriation of salary to Dr. Charles Fama, one time writer of anti Catholic articles, who Is a medical board member for the employes retirement system.

Mayor LaGuardla, Borough President Ingersoll of Brooklyn and Al dermanic President Deutsch voted for the appropriation, Borough Presidents Levy of Manhattan and Lyons of the Bronx voted in opposition and Controller Taylor and Borough Presidents Harvey and Palma declined to vote. Mayor Accused In Bus Battle Queens Residents Men aced by Franchise Delay, Deutsch Charges Aldermanic President Deutsch and Mayor LaGuardia fought another hectic round in their bus battle today as the Board of Estimate considered franchises applications. Mr. Deutsch again charged the Mayor's refusal to sign 20 bus line franchises for Queens Is depriving adequate transportation. He said LaGuardia's action endangers the lives of those riding in Queens buses.

At the height of the battle, marked by the Mayor's refusal to lose his calm, unruffled manner, a woman bystander interposed "Because you fight we have to suffer." Although the board several months ago voted the franchises at Continued on Page 2 F. D. Roosevelt Jr. Cleared in Mishap Philadelphia, Jan. 11 if) Magistrate Harbison of Radnor said today Franklin D.

Roosevelt Jr. will not have to appear to answer chaises that grew out of an automobile accident New Year's Day. Chart, 3 of assault and battery by automobile were dropped after an insurance company settled with Edward Newman of Radnor, who was slightly hurt. who had recovered from the strange malady that afflicted the boy. On Dec.

13. Leon Zaskevich, a fur salesman, read of the boy's plight and pave his blood for a transfusion. The boy rallied and held his own for a few weeks but suffered a relapse yesterday. Though he was placed in an oxygen tent he weakened hour by hour and doctors gave up hope during the night. Stanley lived with his parents at 1080 Anderson the Bronx.

His i father is a Jeweler. Nathaniel Walk an uncle, is assistant supertn tendent at Lincoln Hospital. Q. (by Wilcntz): Your business is also to apprehend criminals, is it not? A. Yes, sir.

Q. Now, you knew, did you not, that Colonel Lindbergh was planning to pay thousands of dollars to some person who was attempting to get it on the pretext that he was going to surrender the Colonel's child? A. Yes, sir. Q. And you knew of the negotiations as well as the other police officers? A.

Yes, sir. Q. Did you make any effort to interfere Stoned Ex Husband, Gave 2d Wife Shiner as a banker ran as high as $70,000 he is now dependent upon his earnings of $75 a week as a bond broker. John F. Mack, counsel for the husband, described the situation as a "case of killing the goose that laid the golden egg." It was also brought out that the first Mrs.

Heckscher's $250,000 alienation suit against the second wife has been terminated by an agreement. There were nine children by the first marriage which occurred in 1903. American Slain By Mexico Rebels San Antonio. Jan. 11 (.

V' Relatives of W. Frank Carpenter. 55, of San Antonio, sought details today of his reported assassination by rebels in the State of Durango, Mexico, Wednesday. 6. M.

T. and NRA Dispute Settled Employment differences between the B. M. T. and the NRA apparently have been adjusted, District Attorney William F.

X. Geoghan of Kings County said today. Mr. Geoghan wis commenting on a news story from Washington to the effect that the NRA had decided to place responsibility for prosecuting code violations on the States. Mr.

Geoghan said yesterday he received a telephone call from the Manhattan office of Robert P. Watts, director of the National La bor Relations Board, asking that ha take no action at present as the difficulty appeared to have been adjusted. Dozen Planes Leave For Races at Miami Roosevelt Field, L. Jan. 11 Twelve airplanes left today for the Ail American air races at Miami, Fla.

They had been held here since early in the week by fog. Hiey were expected to arrive at the Southern city before night. Alford J. Williams of Garden City, former Navy speed pilot, was one of the group. He flew in his Curtiss Hawk.

Another was Jack Wright of Utica, who used a Monocoupe. Wright and John Polando of Boston participated in the recent London Melbourne air race. Princess Beatriz Feted by Royalty Rome. Jan. 11 A brilliant assemblage, representative of royalty and wealth, greeted the Infanta Beatriz, daughter of former King Alfonso of Spain, and young Prince Alessandro Torlania today at their pre weddlng reception.

Special to The Eagle White Plains, Jan. 11 Mrs. Mary Fry Heckscher of New York, who is seeking a court order committing her former husband, James Heckscher, to jail for alleged alimony delinquencies, admitted through her counsel today that she threw stones at her husband and blackened the eye of his second wife. Mrs. Heckscher moved for the order before Justice Taylor in the Supreme Court here and decision was reserved.

She wanted Heckscher adjudged in contempt for failing to pay $6,666.66, alleged alimony arrearage. Heckscher alleges that he lost his job as first vice president of the Irving Trust Company in May, 1934, as the result of his wife's conduct. The stone throwing occurred at his office and later at his home in Bronxville where he lived with his second wife, Mrs. Lillian Heckscher. Heckscher says while his income ONLY ONE PAPER TO USE FOR RENTING" "As far as my experience goes." says Mr.

A. Shutt, 125 Livingston Brooklyn, "there is only one paper in Brooklyn for renting. I use The Eagle exclusively because it never fails to get results. My vacancies are filled almost instantly they occur, and the moment I have one I step to the telephone, call an ad taker, ami the tenants begin to come. Thank you for your excellent Sounds very simple and It is very simple.

To rent your apartments surely and quickly use your telephone to tell Eagle readers about them. Call an ad taker at MAln 4 6000 and charge it. Series of Blood Transfusions Fails to Sa re Life of Walker Bo After more than a month of suf 1 fering and a series of blood trans fusions that attracted wide attention, 12 year old Stanley Walker died at 1 a.m. today in New York Hospital of an unusual streptococcus infection which had given him only one chance in a million to recover. Stricken early in December, he was near death half a dozen times.

After professional donors had supplied blood for several transfusions, it was found that the treatment required blood from ft person.