anaheim-gazette 1951-12-14

For Christmas A quick round up of gifts buys for Christmas shoppers can be found for all members of the family on Page 7 of the Gazette. VOLUME LXXXI Anaheim's FIRST Newspaper ANAH Appellate Judge Censures Gardner, Davis, Chula During Contempt Appeal Airing of some high judicial opinion uncomplimentary to the trial judge court, the district attorney and the defense lawyers at the Henry Ford McCraickon insanity trial, yesterday marked oral hearing of an appeal by George Chula, chief counsel from a five day jail sentence for contempt of court. Trial Judge Robert Gardner sentenced Chula to jail following the insanity trial, on the ground that the defense lawyer persisted in asking leading questions of witnesses which the court had ruled out, in addition to showing disrespect to the court. Gardner Too Technical Presiding Justice Charles R. Barnard of the Appellate court remarked yesterday that Judge Gardner had been "technical beyond all reason" in his rulings and had sustained objections by the district attorney which he should barred. Chula's questioning of DEW. S. Musfelt, psychiatrist, which brought about his sentence, was a "fine example of examining an expert witness," Jacobs declared. Taken Under Advisement Assistant county counsel Steve Tamura, representing Judge Gardner, argued that the only question before the appellate court was whether Judge Gardner had jurisdiction to find the attorney in contempt. The wisdom of the trial court's acts are not in question." Tamura declared. The trial court record showed substantial evidence that Chula had disregarded a court order, after being warned, although the "cold record" did not fully show the character of the contempt, he added. He said Chula had persisted in asking leading questions until the patience of the judge was exhausted. WALTER WANGER AFTER film producer and husband of Attorney Jerry Giesler as Dec. 13 by police about things Lang. The shooting occurred and Lang arrived in the latt son said Wangcr told him breaking up my home." Lan Press Photo) Joan B that the defense lawyer persisted in asking leading questions of witnesses which the court had ruled out, in addition to showing disrespect to the court. Gardner Too Technical Presiding Justice Charles R. Barnard of the Appellate court remarked yesterday that Judge Gardner had been "technical beyond all reason" in his rulings and had sustained objections by the district attorney which he should not have sustained, and which the district attorney should not have made. Justice Barnard added that the defense lawyers prejudiced McCracken's case with both the court and the jury by their "course of conduct." Chula, said Justice Barnard, was "guilty of something" but he regarded the whole matter as "unfortunate." Attorney Otto Jacobs, as spokesman for 13 lawyers who represented Chula in petitioning for a writ of certiorari to set aside the contempt judgment and sentence, contended that the questions Chula asked in court were proper and never should have been contempt. The wisdom of the trial court's acts are not in question," Tamura declared. The trial court record showed substantial evidence that Chula had disregarded a court order, after being warned, although the "cold record" did not fully show the character of the contempt, he added. He said Chula had persisted in asking leading questions until the patience of the judge was exhausted. Appellate court officials indicated that a decision on the appeal might be expected with ten days to two weeks. MINOR HURTS SUFFERED Cars driven by Mrs. Effie B. White, 70, of 309 N. Paulina, and Marguerite Menasco, 53, of 821 S. Claudina, collided yesterday afternoon at Broadway and Lemon. Both received minor injuries. MONTGOMERY, Ala. (P)—The death sentence for a white farmer who was convicted of killing his wife because she refused to prepare breakfast has been set aside by Gov. Gordon Persons. STEELE PETROLEUM OFFICIALS at the city council meeting yesterday go into a huddle to talk over the matter of an oil company-city property lease. Included in the serious discussion taking place is, left to right: W. Earl Shafer, company attorney; Harold Cooke, executive; Hon. ace Steele, executive; S. M. Brooks, drilling contractor for the company.—(Gazette photo by Robertson) City Attorney Questions Right of City To Sign Steele Petroleum Co. Lease Steele Petroleum company hit another snag yesterday in their efforts to obtain a lease on a drill site on city owned property in northern Anaheim. Negotiations which were apparently proceeding satisfactorily suddenly plew up when the subject of the lease came up at a special meeting of the city council at 1 p.m. yesterday. City attorney Preston Turner asked a recess at 2:30 p.m. until 4 p.m. to get a legal opinion from the county counsel as to the authority of the city to enter into an oil lease on public property. When the council reconvened at 4 p.m., W. Earl Schafer, counsel for the petroleum company, opened the discussion by explaining the company's opinion on the legality of a city-signed lease. 'Curbstone' Opinion Interferences He read Section 7057 of Chapter 5 of the Public Resources Code, which specifically permits leasing of parks, highways or streets by governing bodies concerned so long as public use of parks, highways, or streets are not interfered with. Schafer said he understood Turner had obtained a "curbstone" opinion from a title company executive that the lease would not stand up in court under Section 7051 of Chapter 5 of the Public Resources Code. He said Steele Petroleum Co. would indemnify the city against any loss resulting for an unfavorable court ruling on the lease or would post bond if so required. Under those conditions, he said, he could see no conceivable harm to the city. Lease Long Delayed Turner began his rebuttal by excusing himself for the delay, executing the leases and drilling permit, saying they had become lost in the shuffle when the city oil control ordinance was given priority over the other matters. He said subsequent negotiations with the oil company had been on specific points of the lease, not on the city's authority to sign a lease. The latter point he said, had come up within the past day or two. Reading Section 7051, Turner pointed out that the section prohibiting leasing of public property for oil and gas exploration Sections 7052 and 7053 specify methods of leasing. The latter section provided that leasing (Continued on Page 8) ANAHEIM EST. 1870 GAZETE ANAHEIM, ORANGE COUNTY, CALIFORNIA, FRIDAY, DECEMBER 14, 1951 WALTER WANGER AFTER SHOOTING—Walter Wanger (left), an producer and husband of Actress Joan Bennett, is flanked by attorney Jerry Glesler as he was questioned in Beverly Hills on Dec. 13 by police about the shooting of his wife's agent, Jenings Lang. The shooting occurred in a parking lot as the actress Lang arrived in the latter's car. Police Chief Clinton Anders said Wangcr told him "I thought Lang was responsible for taking up my home." Lang was shot in the leg.—(Associated Press Photo) JOAN BENETT'S AGENT IN SURGERY—Jennings Lang, an agent for Actress Joan Bennett, is pictured on an operating table at Midway hospital, Beverly Hills, Dec. 13, after he was shot. Actress' husband, Producer Walter Wanger, was taken to police headquarters for questioning. Police Chief Clinton Anderson Beverly Hills quoted Wanger as saying he thought Lang had been up his home. Lang was shot in the leg. Doctor is not identified.—(Associated Press Photo) Joan Bennett’s Agent Shot in Lost by Husband Walter Wang Citrus Market California Fruit Growers range reported today all auck-markets California oranges higher. KIST (First Grade)— 7.39; 126s 6.96; 150s 7.22; 7.41; 200s 7.43; 220s 7.63. CE (Second Grade)— 6.08; 126s 6.20; 150s 6.27; 6.28; 200s 6.08. 'I Shot Him Because He Broke Up My Home,' Wanger States to Police BEVERLY HILLS (AP)—Movie Producer Walter Wanger was ordered released today on $5000 bail in the shooting of his wife's agent, District Attorney S. Ernest Roll told reporters: "I can't yet say whether we will issue a complaint." Weller he talked with Joan Bennett, Wanger's wife, Agent Jennings Lang was shot down in a parking lot in downtown Beverly Hills last night. "I shot him because he broke up my home," Wanger was quoted by Police Chief Clinton Anderson. Anderson said today he had heard reports that Wanger had employed private detectives for several months, but declined to comment on them. Lang, 39, was reported in "good condition" today after delicate surgery necessitated by a bullet wound in the groin. Miss Bennett, 41, went into seclusion after an appearance at Beverly Hills police station, where her 57-year-old husband was held overnight on a booking of felonious assault. She denied any romantic interest in Lang. Wanger's attorney, Jerry Giesler, went to court this morning with a writ for habeas corpus and won permission for Wanger to go free on $5000 bond, returnable next Thursday. Two bullets hit Lang as he stood beside Miss Bennett's car last night, but one wound was superficial. County Cities Object to Free County Tax Ride Specific grounds for claim by municipalities that they are giving the rural districts a free tax ride in the form of services provided by county government outside of cities will be prepared by the Orange County League of Cities for presentation to Assemblyman Earl W. Stanley, it was decided at last night's league meeting in Santa Ana. Stanley, who is chairman of an interim committee of the assembly on city-county relations had asked for definite grounds for support of the cities' claims, for use at committee hearings, which already have started in Sacramento county. First report on the matter submitted by Secretary W. C. Jerome of the county league mentioned that cities pay an aver- Cairo Papers Cry 'Bravo' Over Egypt's Decision CAIRO, Egypt (AP)—Most Cairo papers cried "Bravo" today to Egypt's decision to recall her ambassador to Britain but one journal which sometimes reflects Yule Message Heard From Fullerton POW TOKYO (AP)—Red China's ing radio today broadcast Cmas messages from six Ameri it said are prisoners of w Korea. They included: Capt. Harry S. Hedlund 772366) to his wife, Mrs. P. L. Hedlund, 132 Ellis Place Jarton, Calif. AUHS Board Vow To Advertise for Leasing Bids Anaheim high school board trustees met last night after Christmas program for their ular monthly meeting. James Lathrop, represent of the Steele Petroleum Co-ed for an audience with the t o discuss the possibilities of ing two school-owned prop one of 250 acres and the other proximately 350 acres. Oil Company Uncertain When asked by a memb the board if drilling within city limits is likely, Mr. Le answered, "We (the company) felt very confident, but afte meeting with the city coun- day, we are very uncertain w er we will be able to drill w the city limits." Question—"The city will b ing money if you drill from county, won't it?" Lathrop—"Yes." I should Stanley, who is chairman of an interim committee of the assembly on city-county relations had asked for definite grounds for support of the cities' claims, for use at committee hearings, which already have started in Sacramento county. First report on the matter submitted by Secretary W. C. Jerome of the county league mentioned that cities pay an average tax of 48 cents for streets while rural areas pay no county road tax; that approximately 65 per cent of gas taxes are collected from the cities, which also pay more than 50 per cent of property taxes, which are used to provide police and fire protection outside of the cities. The assembly committee will conduct no hearings in Orange county, Stanley indicated. DETROIT (P)—A policeman and a burglar shot each other to death early today as the officer broke in on an attempted jewelry store robbery. NEW YORK (P)—The expected arrest of an international gang of 16 jewel thieves may solve a series of hotel and apartment burglaries here in which more than $1,000,000 worth of gems has been stolen in the past 18 months. DETROIT (P)—A Congressional subcommittee winds up its week-long hearings here today with big and little businessmen pleading for continuation of government's present defense procurement system. Cairo Papers Cry 'Bravo' Over Egypt's Decision CAIRO, Egypt (P)—Most Cairo papers cried "Bravo" today to Egypt's decision to recall her ambassador to Britain but one journal, which sometimes reflects palace opinion, said bringing home the envoy does not mean a full break in diplomatic relations. The French-language Journal D'Egypte urged harder efforts to solve Anglo-Egyptian dispute and said "relations between the two countries will be maintained" even if the British also recall Ambassador Sir Ralph Stevenson from Cairo. Withdrawal from London of Ambassador Abdel Fattah Amr Pasha "does not constitute an obstacle to future understanding and leaves the door open for future attempts at settlement," the Journal D'Egypte said. LADY HOBO TOLD TO BLOW A call reporting a woman hobo who was disrupting the peace by shouting strong reprimands at every car who passed her at the corner of Lemon and Los Angeles sts., yesterday afternoon forced local police to pick her up and take her to the station. Officers did a turnabout and did the reprimanding for a change and then assisted her in finding a way out of town. A police car dropped her off at the city limits. When asked by a member the board if drilling within city limits is likely, Mr. La answered, "We (the company) felt very confident, but after meeting with the city council day, we are very uncertain whether we will be able to drill within the city limits." Question—"The city will bring money if you drill from county, won't it?" Lathrop—"Yes. I should do so." After discussing the question Henry Walsworth, board made a motion that "the school advertise for bids for ing the high school property." was seconded and passed. Rental Problems Next on the board's agenda a discussion on the sale of school-owned house on N. St. and rental of two large houses and three small ones which expected to be vacated soon. Drunk Driver Fine Boy Pleads Guilty Court cases this morning charged Rafael C.. Ruiz with and drunk driving. He was tenced to pay a $250 fine or 125 days in the county jail. Paid the fine. William R. Loewen, one of three boys charged with mishief after being picked for the over $1200 worth of age done by throwing marble plate glass windows, pleaded guilty to the charges this month. Pronouncement of his sentence will be given Dec. 17 at 9:30 in the city court. CALIFORNIA STATE LIBRARY The Weather S. Calif.—Mostly clear through Saturday. Slightly warmer after noons. Continued cool tonight. Locally windy mountains and canyons tonight and Saturday. 1951 5c per Copy — 50c per Month NUMBER 32 ERY—Jennings Lang, agent on an operating table at 13, after he was shot. The Wanger, was taken to police. Chief Clinton Anderson of the thought Lang had broken the leg. Doctor is not identi- t in LA JOAN BENNETT AT POLICE STATION AFTER SHOOTING— JOAN BENNETT AT POLICE STATION AFTER SHOOTING— Film Actress Joan Bennett arrives at police headquarters in Beverly Hills Dec. 13 where her husband, Producer Walter Wanger, was being questioned about the shooting of the actress' agent, Jennings Lang. She is accompanied by two of her publicity agents, Chuck Cochard (left) and Margaret Ettinger (rear). Police Chief Clinton Anderson quoted Wanger as saying, "I thought Lang was responsible for breaking up my home." Lang was shot in the leg. (Associated Press Photo) US Alerts Sweden, Norway, Switzerland as Inspectors WASHINGTON (P)—The United States has alerted three nations—Sweden, Norway and Switzerland—that they may be proposed as members of "non-belligerent" inspection teams in event of an armistice in Korea. The proposed teams would maintain a check on whether the communists, on the one hand, and the United Nations forces, on the other, were abiding by the armistice terms. The approach to the three nations was made through their ambassadors here yesterday by John D. Hickerson, assistant secretary of state for United Nations affairs. Hickerson, it was learned, told the ambassadors the United States would like to know whether their governments had any objections to participation on an inspection commission. Lost Wallet Used In Forging Checks A young El Tero marine who found the lost billfold of a Colorado soldier now in Japan, and used his name, identification card and driving license in allegedly passing forged checks for more 'Uniform Support' Law Invoked Against SA Man First application in Orange county of the new "uniform support" law enacted at the last session of the California Legislature was made today in the Superior Court when Deputy District Attorney Robert Whitson filed civil suit against Edward D. Totten of Santa Ana to compel support of his wife, Mrs. Grace Totten, and their two children, who are in New York. Lost Wallet Used In Forging Checks A young El Toro marine who found the lost billfold of a Colorado soldier now in Japan, and used his name, identification card and driving license in allegedly passing forged checks for more than $400 in Anaheim, Orange, Fullerton and Santa Ana, was arrested by Santa Ana police late yesterday at El Toro marine base. Pfc. Raymond E. Tarr, 19, son of an army colonel, is being held in the county jail on a forgery charge. He had grown up in Santa Ana and joined the marine corps last March. Police did not disclose how the billfold lost at Camp Cooke, Calif., by Denton E. Bedell of Craig, Colo., came to be in possession of the marine. But complaints recently began to pour in from stores in four cities of the county, who reported forged checks bearing the signature of Denton E. Bedell. Inquiry at Craig, Colo., brought word from the sheriff there that Bedell is in Japan. The trail finally led to Pfc. Tarr, and police say he has admitted passing eight checks in Santa Ana for a total of $194.39. Other Bedell checks known to have been passed include two more Santa Ana checks for $120; a $45 check to Swanberger's clothing store in Fullerton; a $20 check to the SQR store in Anaheim, and a $20 check to Gunther's clothing store in Orange. Against SA Man First application in Orange county of the new "uniform support" law enacted at the last session of the California Legislature was made today in the Superior Court when Deputy District Attorney Robert Whitson filed civil suit against Edward D. Totten of Santa Ana to compel support of his wife, Mrs. Grace Totten, and their two children, who are in New York. The new law, classified as civil legislation, is administered by criminal authorities. It was designed to supplant the usual criminal non-support procedure and, among other effects, eliminates the need of extradition to another state for prosecution. The proceedings against Totten were transferred here from the New York City court of domestic relations. It directs Totten to appear next Friday before Superior Judge Franklin G. West to answer the charge that he has not contributed to support of his family since Oct. 1, 1950, and should be ordered to pay $35 per week. Under the law, the wife's testimony can be taken in New York and forwarded here for use in her husband's court hearing. Similarly the husband's testimony can be received here and used in New York. Temperatures Temperature reading in downtown Anaheim at 2 p.m. today was 69. High for the previous 24 hours was 64 at 3 p.m. yesterday. Low was 41 at 6:30 a.m. today.