Wilkes-Barre Sunday Independent

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SUNDAY INDEPENDENT
Weather
Sunday:   Fair,  slightly warmer. Monday: Cloudy;  late rains.
FIFTY-TWO PAGES
WILKES-BARRE, PA., SUNDAY, OCTOBER  17, 1937
PRICE TEN CENTS
BITTER RIVAL UNION STRIFE CERTAIN IF OPPOSING LEADERS DO NOT AGREE
, TO PROBE CHARGES OF FRAUD
Former First Assistant Dis¬ trict Attorney Selected By   Margiotti
Girls Jollity Condemned
\
WILL START MONDAY
Early  Report  Of   Findings
Requested By State's
Attorney General
SPECIAL SESSION IN STATE
Gov. Earle To Call Legis¬ lature; Mine Laws To Be Main Issues
Gleaners Of Rice And Wheat In Shanghai
COMVENE JANUARY 15
New  Code  For Anthracite And Broader Compensa¬ tion Act Is Certain
riiis inllialion of Sigma Delta "rats" at Atlfiita,  Georgia,  high  siluio!
was   condemned   as   disgraceful.    Smeared   wilh   axle   grease,   Xaniy Kmery, left, grins at Ann Baggett, Elenore Winecofi and Eugenia Nell,
2-Year Old Fight Over Will To Reopen On Wednesday
Relatives Of Late Frank J. Kline To Get Jury Trial
In Contest On Document Which Left Estate To
Landlady; Supported By Supreme ("ourt
Arrv. S. M. Del'IERBO To Start at Once
Pressing the advantage given them in a sen.iational decision of the State Supreme Court, attorneys for relatives of the late Frank J, Kline, wealthy hotel man of thi.s ""ity. y^terday were preparing for a jury trial scheduled for Wed- ne.sday in the court of common pleas on the validity of a document purporting to be his will, in which he   left  an  estate   estimated   from
--. Allorney-General Charles J. Mar-1 $17,000 to $30,000 to hi. ^"d «^ • ¦¦* giott, yesterday designated former Mrs. Ruth McAlarney, f<'i;merly of Fir.l Assistant District Attorney n3>. South Main streel, "The case S. M. DePicrro of Freeiand to be- is more than two years old. gin at once an investigation into The decea.sed ««'?, «^/'."''''''",<^, '" The charges of fraud and con-j the hotel Iju.sme.ss with hi.s brothers spiiacy in registration work that «t the corner of South street and have been made against County I South Main street for many >ears Commissioner John MacGuffie, | The place was clo.sed by the ad%ent Deputy  Controller  John   Brace   of | of prohibition.
Plymouth and their assistants. At- j Frank J. Kline was the last of torney-Gcneral Margiotti acted in three brothers, his death occurring re5p0n.se lo a petition signed by \ at the home of Mrs. Rulh Mc- 27,000 citizens of Luzerne county, , Alarncy, with whom he stayed. On asking Ihat he intervene in. an the day of his funeral, it is alleged effort to prevent several thousand a will was probated at the court citizen.s from being deprived of house by which he left his entire their vote at the election two' estate to his landlady, weeks from Tuesday. ]    After probation of that will, Mrs.
Attorney DePierro received notice, Maude Kline Zeigler of this city, in of his assignment at his home in j behalf of a number of relatives, Freeiand yesterday an<l ho will j contested it before Judge Fo.ster come lo Wilkes-Barre tomorrow ; Heller of Orphans Court. The peli- morning, bringing wilh him such ' tioners, represented by Attorneys assistants as he deems necessary. | Andrew Hourigan and Maurice to make a thorough examination of I Cantor, contended that Mr.s. Mc- the registration records. The work [ Alarne^ bore no relalion.ship lo the will be pushed with all possible decedent and iViat she had used speed. Attorney-General Margiotti's undue influence on him as he made Instruitions lo Mr. DePierro being out what purported to be his last that a preliminary report be In ; will and testament, his hands at Harrisburg before jj ^^.j,, further contended that the end  of the  week. despite  the  fact  that  the  decedent
.More Charges Filed , was   a  college   graduate   the   paper
In   the   event    that    substanliar only  contained  his  mark  and   not harking   for   the   charges   Is   dis-i his    signature,    and    was    written covered,  the   attorney-general   has I under duress and  constraint when 1 the  power  to  take   full  charge  of | lie was physically and mentally un- whatever    prosecutions     may     be  able to make a will valid, deemed neces.sary.    In  addition  to |    Heller   Dismissed   Proceedings    | the charges that were filed in the ;    Later, Judge Heller handed down hulky  petition   sent   to   Harrisburg   a decision in which he held the de- ^ about  a  week  ago,   olher  charges   cedent was competent when he left since have heen filed, one of them   his estate to Mrs. Ruth McAlarney being that certain clerks and olher  and dismissed the proceedings, court   house   employees   have   heen       In  ruling  on  the  case  on  March j 'Continued on  Page A-lOi 9   1036, Judge Heller said:
^5 Hurt On Pennsylixinia Train In Wreck Beyond Stroudsburg
"VVe find no su'bstantlal dispute nn a material matter of fact which would warrant the granting of an i.ssue. The only matter of fact to be determined i.s whether the will was executed in conformily with the provisions of the Act of As¬ sembly."
Following this declaration, .Judge Heller slated that the provisions of the said act had been fully com¬ plied with and the facts remain undisputed.
Interested relatives, through their attorney, took an appeal to the Supreme Court, as a result of whieh Judge Kephart later handed down a decision  in  decisive  language.
Among the highlights of his de¬ ci.sion were:
"Xo doctor was employed to take care of him during his lasl illness (Continued on Page A-10)
KILLER OF 2 ROOE WITH BODIES HAS WEIRD STORY
Murdered Doctor In Anqcr.
Wife In Fear; Stuffed
Bodies   Into   Car
Special to Sunday Independent
Harrisburg, Pa., Oct. 16.—A .spe¬ cial session ot the Pennsylvania legislature will be called by Gov¬ ernor George H. Earle to convene January 15 next, it became def¬ initely known here tonight. The chief executive decided on the in¬ terim session late today after a week of conference with his Cabinet and  legLslalive  advisers.
The extraordinary session will probably go down inlo history as the "Anlhracile Legislature," be¬ cause ils program will concern laws for the hard coal mining fn Luzerne, Lackawanna and Schuyl¬ kill  counties.
Regulation   of   IVUniliC
A four-point program for regula¬ tion of the anthracite bu.siness and the  solution  of some  of ils major ^ problem.s has been decided upon by ' Governor   Earle.    He   will   recom- I mend:
1- State control of part or the whole   of   the   anlhracile   mines.
2—A new  mining code  that vvill j attempt to adjust the present boot¬ leg mine evil.
3 An increase in compensation rates paid to injured miners or their families.
4-Added strength to the occu¬ pational disease clause, with wider compensation benefits for a larger variety of disease attributed to mine employment.
Cajiitol .Surprised
The Governor's sudden decision to call the Icf.i.sl'iturc back into se.ssion one full year before the next regular session, caught the capitol by surprise. It was doubly significant for legislative observers because President Roosevelt just this week announced a special ses¬ sion of Congress to convene November 15.
In deciding to devote practically all his recommendations to the an¬ thracite industry, the Governor took inlo consideration the various reports submitted lo him by the Anthracite Commission which has been investigating the legitimate as well as illegitimate phases of the  industry, 1
Prom time to lime State control ! of the  mines has  been  urged and (Continued on Page A-lOl
Millet's famed painting of "The 1 bits ot loose rice and wheat that Gleaners" is suggested here in stark spilled on the pavement in Shang- reality as these Chinese .sweep up   hal.   Thousands   of   homeless   and
] foodless victims of the war are glad I of these grain.s. Note the girl at i left wilh apron filled with gleanings.
YOUNG PLYMOUTH MAN^ GIANT BOMBS SUICIDES WITH POISON
Visits  Parents, Tells Wife
To Take Care Of Bafiy,
Then Topples Over
REASONS UNKNOWN
"I'm   going   to   leave   you   now. j ¦iTou  take  care  of the  baby." j
Stephen Halczak, 25, said these words to his young wife last eve- nning as she was preparing supper in their basement home at 612 Ackley street, Plymouth. Half an | hour later the young husband was dead in Mercy Hospital, due to a dose of carbolic acid he swallowed. Police, after questioning members of his family, were unable to give any   reason   for   the   suicide, I
Death Carefully Planned |
Halczak, a mine worker employ¬ ed   at   Buttonwood   colliery,   care¬ fully  planned  his  death,  according , to   police.   At  noon  yesterday  the I young  man  left his home  in  Ply- j mouth and walked across the river \ to    Buttonwood,    where    he    spent several hours  at the  home  of hi.i parents.     There    he    appeared    in normal  frame  of  mind and  failed to  give  any  hint  of his  desire  to die.
Returning to Plymouth at 4:30 oclock, he stopped al a drug atore, where   he   purchased   the   carbolic
Three Fugitives 77 Days In Canoe
st, Thomas, Virgin Islands, Oct. 16. I UPl Three unkempt, naked fugitives from Devil's Island, weakened from hunger and thirst, beached their canoe here today after a hazardous 77-day voyage from the penal colony off the French Guiana coast.
The trio, headed by Captain Raymond Vaude, fled the prison August 1, they told Virgin IsKind authorities, A small slore of provisions they carried with thom was exhausted some time ago  despite  careful  rationing.
After receiving medical allen¬ lion here, they appealed to ofli¬ cials for assistance to continue lo Haiti or the Dominican Re¬ public when their canoe is re¬ paired. They said they prefer¬ red the perils ot another ocenn voyage in an open boat rather than return to the convict settle¬ ment.
STRIVING TO UNITE FACTIONS
C.I.O.   And   A.F. Of L.   To
Meet October 25 In Effort
To   End   Differences
OBSTACLES SEEM GREAT
Economic Issues And Per¬ sonal Rivalries Are At Stake In Conference
FEAR NEW DRIVE
Near   International   Settle¬ ment: Report 50.000 Japanese Cut Off
REDS RETAKE PASS
THROUGH SIX STATES
Rlegelsville,  N. J„ Oct,  16  (UP)
Five
persons were injured, one aerl-
UL
ously, and ahout X3 others were "haken or suffered minnr hurls to¬ day when a Pennsylvania Railrnad locBl passenger train was wrecked « mile north ot here.
The injured:
Engineer Charles A. (Jallagher, ^'. Phillip.sburg, taken to a Warren Hospital at Phillipsburg with a possible skull fracture and leg and back injuries.
Fiieman William Phillips, 38, Phillipsburg, taken to the hospital *ith contusions, lacerations and a po.ssible leg fracture.
Mrs. R. Ifoungllng, 1535 Chew Jt'"!, Allentown, Pa., in Warren Hospital with a back injury,
Mis. L. Schcmbil, Philadelphia, ^nd Mrs. L. Levy, 1,'51,'i Pine street, •Scranton, Pa. were treated on the "''ne for knee  Injuries and  shock.
*^lr»l reporU said that the mall
clerk also had heen hurt but his name did not appear on the in¬ jured list.
Locomotive I.,eavP« Tracks
The locomotive and a mail-hag- gage car jumped the tracks, plunged down a 10-toot embank¬ ment and overturned, and a bag¬ gage-passenger coach and ^another passenger car were derailed.
Other passengers were shaken or treated at the scene tor minor hurts.
The train was enroute trom Stroudsburg. Pa., to Trenton, where It would have connected with through trains between New York and  Philadelphia.
Passengers were taken in taxi- cabs to Trenton and thence to their destinations on busses. A wrecking crew arrived tn clear the tracks. Meantime, railrnad officials announced. service between Stroudsburg and Trenton would be by hus.
North Arlington. N. J., Oct. 16. (UPl-Patrolman Norman Turner burst inlo a back room ot the North Arlington police station this morning, jabbed a finger at gaiig- lin, 18-ycar-old Paul Dwyer, and shouted:
"You killed a woman in thai car! I found her body in the back seat."
"Yes," the boy said listlessly, "and it you look in the trunk at the  back, you'll  find  a man,  too,"
In that casual, emotionless man¬ ner, the youth launched into the amazing story of the murder ot a Maine country doctor and his wife antf a triv with their bodies that took him to six stales. Old  .Shoes   Betray   Him
While a police stenographer took down his words, Dwyer told how he killed 66-year-old Dr, J, G. Llttlefield of Soulh Paris, Me., on Wednesday; how he .stuffed the body into the automobile trunk and then induced the doctor's CA- year-old wife to enter the car and took her on a 37-niile ride; how he killed her loo when she became suspicious; how he drove on through populous seaboard cities with the bodies until, at a park¬ ing lot here, he tell inlo an ex¬ hausted sleep at 3 a. m. this morn- ing.
A few hours later Patrolman Michael Keane sauntered by the lot. decided to make a casual In¬ vestigation. Even then, Dwyer's crime might have escaped detec- (Contlnued on Page A-10>
DA VIS WILL HEAD
U.S. PEACE GROUP
Washington, Oct. 16. (UP)—The United States today formally ac¬ cepted an invitation to meet with other nine-power treaty signatories in Brussels, Oct. 30, in an effort to mediate the Chinese-Japanese war.
Secretary of Slate Cordell Hull announced acceptance of the in¬ vitation soon after it was delivered by the Belgian ambassador. Count Robert van der Slratcn-Ponlhoz. Dnvis  Heads  Delegation
The United Stales will be repre¬ sented at the conference by Nor¬ man H, Davis, ambassador-at- large, and a staff ot advi.sers. The delegation will sail for Brussels on Oct. 120 on the liner Washington.
It was emphasized that the con¬ ference would proceed along the line ot President Roosevelt's belief thai efforts to end the conflict should he of a itiediatory nature.
American acceptance of the con¬ ference proposal constituted, in part, a departure from this govern¬ ment's former policy of remaining aloot trom foreign conflicts. Japan, Italy Kilent
The Nine-Power Treaty pledged its signatories to respect the in¬ dependence and territorial in¬ tegrity of China. The treaty was signed in Washington in 1922 by the United States, Great Britain, China, Japan, Fran<:c, Italy, the Netherlands, Belgium and Portu¬ gal. Other nations later announced adherence to the pact.
The attitude ot Japan and Italy toward the conference wa« not known officially.
I    Davis,   this   government's   tore- most negotiator with olher nations, i will   be   assisted   during   the   con- I ference   by   Dr.   Stanley   Hornbeck, j adviser to Hull, and Dr. Jay Pier- j pont Moffat, head of the European division  of  the  State  Department. 1 Robert   T.   Pell   was   named   press ofhcer and Charles E. Bohlen sec¬ retary of the  delegation.
Hull Reiteratee Impartiality
Washington, Oct, 16. (UP" State Department officials revealed to¬ night thai Secretary of State Cor¬ dell Hull, in a letter to Sen. David I. Walsh, D., Mass., had reiterated that the United States is maintain¬ ing an .impartial stand in the Chinese-Japanese war.
The letter was written, it was understood, after Walsh forwarded to the Slate Department a protest from a group of Catholic mission¬ aries in Japan, jontending that this country had "abandoned" its impartial policy.
The protest was bued on the Stale Department's recent action in stating that this country had concluded that Japan's actions In China were inconsistent with her obligations under the Nine-Power Treaty guaranteeing the integrity of China.
Officials said Hull replied to Walsh that the United Slates' stand on the Nine-Power Treaty did not abrogate Its policy ot neu¬ trality. Hull stated. It was said, that this government could see no reason why it shnuld decline to voice objections when treaties, tn which It WBl a party, were violated.
acid before going home. His wite and their six-months-nid rhild were waiting for him .nnd Mrs. Halczak began   getting   supper.
Dies   At   HoKpitnl
Her hu.sband walked out ot their bedroom and told his wife he would "leave her now." He collapsed on the floor, frothing ot the moulh. Mrs. Halczak ran lo the office ot Dr. A. H. (.ahriel. The physician immediately hurried the young man to Mercy Hospital. His dcatii occurred at .'5:10 oclock, len minutes atter being admitted to the institu¬ tion.
Police aaid  they would  continue \ their search  for a motive  tor the suicide after  the young widow  de clared   nothing   at   home   had   oc curred to prompt the act.
Shanghai. Sunday, Oct. 17. (UP) - Fourteen Japanese planes dropped more than 30 giant homhs on Chapei in a terrific one-hour bom¬ bardment today.
The sudden plane attack was aimed at the strategic Nanking- Shinshai railroad behind the North Station nnd was believed a prelude to another savage attempt to split the Chinese lines around Chapei. which borders the International Settlement.
An earlier .lapanese attempt was reported repulsed. Other observa¬ tion planes look to the air to reconnoiter.
Last night the .Japanese display¬ ed a purported Chinese gaa shell and charsed that the Chinese troops were using phosgene gas, one of the dcndlicsl known.
LOYALIST ARMY MAKES LAST STAND IN NORTn
50,000 .laps Cut Off
Nanking, Oct. 16. (UP) Chinese military authorities reported to¬ night that ."iO.noo Japanese troops, the vanguard nf the Japanese ad¬ vance into North ,Shansi province, were cut off from their base ot supplies nnd were threatened with annihilation by the Chinese Red Army,
The Communists, melded intn the (Continued on Page A-10)
Denver. Celo., Oct. 16. (UP)—Tha American Federation of I^bor and the rival Committee for Industrial Organization finally agreed today to hold a conference to determine whether they can end labor's civil war.
The emissaries of rosy-checked, oratorical William (ireen, as presi¬ dent ot the A. F. ot L., and of burly, aggressive John L, Lewis, as rebel chairman of the C.I.O., will sit down around a conference table In Washington on October 25  without  advance  commitments.
Whether the 7,000,000 members ot organized labor can be reunited at present, whether the vast eco¬ nomic issues and bitter personal rivalries at stake can be dissolved, i,j(|  doubtful.
Bitter Labor War Expected
Never In two years of warfare ha.<i the rank and tile elamor on bolh sides bedn more Insistent on reunion. But the obstacles lo peace seem as great if not greater than ever.
In any event, leaders on both sides agreed, the conference is a move in the right direction and men of labor's rival camps ap¬ proached the parleys with hope. Complete failure ot the confer¬ ences, they asserted, can mean only one thing the bitlerest and big¬ gest labor war in history.
Both sides arc mobilized tor ths conflict. Two years of fighting has served to intensify the hos¬ tility that caused Lewis to sock William Hutcheson, president ot the powerful carpent.s' union, the chin at the Atkntic City A. of L. conference in 1935 and form his rival labor mnvement. Lewis   I>od   Rebellion
That clash broughl to a head the conflict belween the craft union and the industrial unions. The craft or skilled workers group.i domi« nated the A. F. ot L. The indus¬ trial unionists, advocating forma¬ tion ot one big union in each ln» dustry instead ot organizing through types of workers in all industries, failed in the effort* t* win a wider scope under the fed¬ eration banner. Lewis led them In rebellion when he formed the C.  I.  O.
That issue, fundamentally, is the one that must be settled. Few. It any, labor leaders were optimistie of a final settlement because the question strikes to the core of union toundalinns, bul they are hopeful that some progress can be made toward alleviating the war¬ fare that is costing labor hug* sums, creating achims that may (Continued on Page A-lOl
on F, to
Franco Sr-nish Frontier, Oct. 16. (UPl--Stubborn Asturian defense of the last Loyalist strongholds in norlhwestern Spain appeared to¬ night to he crumbling rapidly be¬ fore a Nationalist offensive.
The Insurgent forces of Gen. Franri, ro .""r.inco were prog.-etsin-, rapidly nlong tho entire front from Oviedo to Gijon. The Asturir.ns were challenging every move in the advance.
Cownterbrilaneing the situation in the north, the Loy;'!i!-.ts reported several successes on the Aragon front, notably in the Puebl.i de Alborlon region. Hills 68 and 681, , one mile northeast ot Valdesimpor ' were occupied. |
Duke And Duchess Fagged Out By View Of Nazi Working Conditions
Governor Insists Track Won't Open
Providence, R. I., Oct. 16. (UP)- Gov. Robert E. Qulnn tonight pro<laimed martial law for one mile surrounding Narra¬ gansett rare traek. The Rhode Island National Guard was ordered to the track "early Monday morning" when the fall meet  was  to  open.
E.ssen. (jcrmany, Oct.  16.  (UP)—[ The Duke and Duchess of Windsor. zig-zagging by automobile 80 miles through    countryside    dotted    with .imoky    industrial    towns,    arrived here tonight nearly exhausted from i invotig.iting    Germany's    working, conditions. 1
Crowds ot factory workers, their wives   and   children    buffeted   the ' Duke and his bride all day aa they i visited   homes,   hospitals   and   fac¬ tories.    Several  limes   the   crowds. cnlhu.=;iaslic   at   the   sight   ot   the j former  British   King,   broke   police j lines and sv.nrmcd over their car. :
The Duke and Duchess received , the    dcmonrlralions    ot    welcome goodhumordly,   and   on   one   occa- ; sion had to talk their way through j a police line to gel back into their | car. A Nazi policeman had shoved his hands against the Duke's chest and  roared:   "Sland  back!"
The Duke identified himselt as the subject ot the demonstration, and the policeman, wilh consider¬ able embarrassment escorted him to the lar. much to the Duchess' amusement.
The Windsors received a glass measuring   stick—"Jusl   what   you
r
w J
need!" the Duchess exclaimed-' and the Duke nearly lo.st his coat, which he had left in his car while they wandered through the chill, foggy morning lo observe Dussel- dorf's industrial progress. Atter • 30-minute search the coat was found slill in the car - and they started off on a tour of the va»t industrial area.
The Dutthess smilea and nodded frequently as the cr-<wd roared "Heil! Hell!" al each ,>laee they visited. Edward's Nazi salute, which he sprinkled generously Ihrough his public appearancM during the first day of his visit to Germany, had diminished to a weary wave  of his  arm.
>Ir«.   Roosevelt's   Problem
Washingion, Ocl. 16. lUP) — Washingion social circles speculat¬ ed tonight on the possibility that the Duchess of Windsor might b« invited to attend Mrs. Roosevelt'i "Window Party" on the night of the annual Gridiron Club dinner Is December.
The Gridiron Club has lnvlt«4 the Duke to Its dinner, hut so far has rereived no answer to the In¬ vitation.
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