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   Press-Telegram (Newspaper) - December 14, 1959, Long Beach, California                             TOP COURT DENIES CHESSMAN PLEA Gale Winds Deal Southland Havoc The Soulhland's Finest Evening Newspaper LONG BEACH 12, CALIF., MONDAY, DECEMBER Vol. LXXII-No. 270 p BIC E j o C E N T S TOLEPHONE 36 PAGES CLASSIFIED HE 2-5959 HOME EDITION (Six Editions Daily) New Rebuff FIRE SWEEPING down side of Coldwater Canyon Sunday threatened scores of expensive homes, like one in the foreground, before being Possessing Obscene Books Ruled Legal WASHINGTON Supreme Court today struck down a Los Angeles city. ordinance which makes it a crime for a book seller to have an obscene book in his possession. Justice William J. Brennan Jr., speaking for the court said the ordinance "though aimed at obscene matter, has such a tendency to inhibit constitutionally- protected ex- pression" that it cannot stand, Flip' Drowns 6; 1 Survives BAINBRIDGE, Ga. (fft A father, four of his children and a neighbor boy drowned in the '40-foot depths of the swift, treacherous Flint River when their motorboat swamped and capsized Sun- day. The only survivor, Mrs. Jim Pearson, was saved by the dying cry of her 13-year-old sorj Jerry: "Mama, hold on. Mama, hold on to the Rescuers brought Mrs. Pearson to shore but were too late to save Curtis Spruiell, 30; and his children, Mildred, 9; Diane, 8; Faye, 6, and Jimmy, 3. Spruiell, a mechanic for a box manufacturing firm, drowned trying to help the children, witnesses said. His wife, holding their fifth child, Mary Elaine, 1, and Jerry's father, were horrified spectators on the shore. Weather Gusty winds gradual- ly diminishing tonight Sunny Tuesday with ris- ing daytime tempera- tures. Justice John M. agreed with part HarJan of the opinion and disagreed with part. The case was brought to the high court by Eleazar Smith 73, proprietor of a Los An geles book store. Smith was sentenced to 30 days in the city jail for having on the premises a book about Les- bianism. BRENNAN NOTED that the court has held that ob- scene speech and writings are not protected by the Consti- tution's guarantee of free speech. But he said the ordinance in question would tend to penalize booksellers "even though they .had not the slightest notice of the charac- ter of the books they sold." "If the bookseller is crimi- nally liable without knowl- edge of the contents, and the ordinance fulfills its pur- he added, "he will tend to restrict the books he sells to those he has inspected. And thus the state will have imposed a restriction upon the distribution of constitu- tionally protected as well as obscene literature." Killer of Love Rival Nabbed, Confesses MANHATTAN BEACH airline mechanic who' police said turned killer when he walked into his estranged wife's home carry- ing an armload of Christmas presents and found her with a male visitor was captured today. H. Hanks, 45, of El Segundo, had been sought since early Sunday when James B. Stephens, 34, a Navy chief petty officer, was shot and killed and Mrs. Hanks, 40, wounded in the bedroom o.f her home. Police said the suspect con- fosed the shooting when he was taken Into custody at a Fullerton bar. Police quoted Hanks ns saying: "It was more than any man can stand. I just started shooting." HANKS HAD abandoned his sports car and registered at a motel in Wilmington, then was taken to Fullerton by a friend who did not know of the shooting, police said. Mrs.' Hawks was listed as near death at Harbor General Hospital where she under- went surgery for a bullet wound in the face. When po- lice were caljed they found the woman on a hall floor holding a towel against the wound. "Dale did It, he shot me and the woman said. Detective Ray Dennett said Hanks entered Mrs. Hanks' home early Sunday with a (Continued Page A-3, Col. 7) Gale winds, with some gusts of hurricane force, bat- tered Southern California Sunday night fanning wild brush fires, damaging homes and businesses, downing pow- er lines and toppling trees throughout the area. The wintry blasts, which reduced temperatures 20 de- grees, are expected to dimin- ish tonight, leaving Tuesday sunny and warmer. The heavy seas and high winds this morning hampered an air-rescue two missing cabin cruisers with nine persons aboard, but both vessels were spotted by res- cuers shortly before 10 a.m. after an all-night search. FIVE PERSONS, four of them 15-year-old boys, were aboard the 20-foot Sta-Flo which left Long Beach Yacht Harbor Saturday for Catalina Island. Aboard the craft, which apparently ran into the heart of the windstorm, were Floyd Agee, 43, a metal work- er of 2706 W. 181st St., Tor- ranee; his stepson, Bill Os- born; Jack Day of 2607 W 182nd St.; Dave Turcott of 2209 W. 180th St., and Shel- don Black, all Torrance resi- dents. Coast Guard rescue planes and cutters also rescued four men aboard the 28-foot Trou- ble which left Port Hueneme Saturday for Santa Cruz Is- lands on a fishing trip. With gale warnings posted from Point Conception to Oceanside, Coast Guardsmen went to the rescue of scores of small boats, ripped from their moorings in the Long Beach Marina. One, a 28-foot albacore boat, was smashed on the rocks at San Clemente Island. Five persons from a capsized sailboat off Redondo (Continued Page A-3, Col. 2) Bandit Takes Prom Bank, Escapes YOUNGSTOWN, Ohio (UPI) armed bandit wearing a stocking over his head robbed branch of the Union Na- tional Bank here of an esti- mated then escaped n a stolen car with two bank employes chasing him. Police said the getaway car was stolen from a used-car lot. WHERE TO FIND IT Beach B-l. Hal B-7. B-7. D-5 to 9. C-6, 7. C-4. B-6. Shipping C-2. D-l to 4. C-4. Television, D-IO. Earl B-7, B-4, 5. Your A-2. Greece, Iran Accord Ike Big Greetings President Praises Aid to Democracy, Culture in Athens ATHENS UP) a 20-hour schedule, President Eisenhower said goodby to India today and won rousing welcomes in Iran and Greece, both under the protective fold of U.S. military aid. Here in Athens hundreds of thousands of Greeks turned out to cheer and wave. King Paul greeted the President enthusiastically at Athens' Ellenikon Airport, saying the Greek people had watched his journey so far with deep emotion. In reply, Eisenhower noted the long history of Greek cul- ture and said Greece's stead- fast devotion to democratic principles has won the ad- miration of the world. "I ASSURE YOU that the welcome from his majesty, the government, the people and the individuals here means very much to the President said, "and I hope that the discussions I will have with your government will be fruitful." Premier Constantine Kara- manlis and Constantine Crown joined Prince in wel- coming the first U.S. President to visit Greece. The day was philly and a light mist was falling. The people were responding to Karamanlis' urging they show their gratitude to the United States as the nation that helped Greece crush the Communists and end a bloooy civil war. That was under the Truman doctrine, which came into play after the British withdrew their protection of Greece. ON1 THE WAY from India the President spent six hours in Iran, much of it in talks with Shah Mohammed Reza Pahlevi who wants more American aid. Eisenhower praised Iran for refusing to stand on the side- lines in the west's resistance to communism. A communique of the Cen- tral Treaty Oraganization (the former Baghdad Pact) in "pre- serving stability and security" in the area. The communique added: "The President said the United States intends to con- (Continued Page A-3, Col. 1) IKf WITH SHAH President Eisenhower and Shah Mohammed Reza Pahlevi of Iran pose at Marble Palace in Tehran following Ike's arrival today. After a brief stay, the President flew on to Wirephoto via radio from Tehran.) Paraguay's Troops Hit at Invaders BUENOS (UPI) Loyal Paraguayan troop were reported advancing to- day on schoolboy rebels in the trackless jungles of south- ern and eastern Paraguay, anc official' announcements claimed victory over the in- surgents, v. Government forces were said already to have recap- tured Caazapa, a village 8' miles north of the border which is believed to represent the deepest penetration achieved, by the youthful refugees who streamed into Paraguay from Argentina over the weekend. The rebels appeared to be still in control of the villages of Yegros, Yuty and San Juan Bautista and a fairly ex- tensive area in the nearby jungles. MAJ. J. CABANAS, the victor of Caazapa, was be- lieved to be moving south ward toward the rebel-held villages, while troops normal- ly stationed in the border town of Encarnacion moved north to close a pincer on the insurgents. Some reports indicated the government is supplying En- carnacion by air, perhaps meaning the rebels have cut the rail line that links Asun- cion with the border town. Rail Collapses, 43 in Ike Crowd Hurt ATHENS (ff> A heavy iron railing atop a wall col- lapsed today on scores of Athenians hailing President Eisenhower. Two Athens hos- pitals and a first aid station reported 43 persons hurt. Eight were said to be hospi- talized with serious injuries. The accident occurred two or three minutes after Eisen- hower and King Paul passed spot across from the U.S. Embassy. The six-foot high railing, jammed with spectators, gave way in sections. Those cling- ing to it were hurled to the sidewalk, falling into scores of other spectators. Pieces of the railing fell atop the tangle of spectators. At the same time, a heavy ron gate buckled. The wall is in front of an apartment house on Queen Sofia Ave., two blocks from the royal palace. The President asked that iis'sympathy and regret be extended to those injured and :hcir families, It was the first such inci- dent to mar the presidential tour. This was a holiday in Ath- ens and spectators by the hundred had climbed atop the wall for a better view of the visiting President. Makarios Takes Big Cyprus Lead NICOSIA, Cyprus. Greek Orthodox Archbishop Makarios ran up a better than two to one commanding lead over Communist-rightist candidate John Clerides to- day. He appeared certain to become the first president of this island when Cyprus be- comes independent next Feb. 19. PONTIFF HITS BIRTH CONTROL 8 New Cardinals VATICAN CITY In formally naming eight new cardinals today Pope John XXIII warned anew against communism and declared artificial birth con trol is not the answer to the problem of hunger in the world. "Lethal methods of limita tiohs of birth" cannot be con doned, the Pope said. The new cardinals includ two American archbishops Albert Gregory Meyer of Chi cago and Archbishop Aloi Muench of Fargo, N. D. Thi gives the United States record six cardinals, reflect ing the growth of America Catholicism in the past cen tury. French Hit Atom Talk by Twining PARIS called "excessive and dramatic" to day critical remarks made about this country last week by Gen. Nathan Twining chairman of the U. S. Join Chiefs of Staff. He deplored delay by most European members o: the North Atlantic Treaty Or- ganization in accepting U. S. atomic weapons and stock piles and in integrating air forces into one air defense structure. He made it clear the United States feels France is the chief offender. Foreign Minister Maurice "ouve de Murville expressec the French position on the Twining incident to U. S. Secretary of State Christian A. Herter. French sources said Couve de Murville "ex- sressed his extreme surprise at the revelations by the American press of remarks made in the military commit- tee, whose debates are, in )rinciple, secret." COUVE DE MURVILLE also said Twining's remarks were of an "excessive and dramatic that the manner in which the problems were pre- sented was out of proportion to the importance of the prob [ems themselves. Herter called on Couve de Murville at the start of nine days of concentrated Western talks aimed at shoring up NATO and preparing a sum mit level meeting with the Soviet Union. By late morning, Makarios had votes to for derides as counting con- tinued In Sunday's first na- tional election. Maknrlos needed of the votes cast for victory, Lightning Bolt Hits Plane Aerial PHOENIX lightning >olt nipped the aerial on an American Airlines DC6 carry- ing 50 persons Sunday and the plane was swapped for another at Phoenix. Only radio communications were damaged, said district manager Milt Atkinson, and passengers were unaware the plane had been hit. Ho said the big airliner, bound from San Francisco Tex., took the to El shock Paso, about 15 minutes out of Phoenix, The creation of the cardinals at a secret con sistory raised the total in th College of Cardinals to a his toric high of 79. THE POPE delivered allocution or solemn 33 old members o the college closeted with him in the Vatican palace's Con sistory Hall. The new card nals were not present, bu received their notificatio later from a papal messenger "For a great part of hu the Pope said in hi allocution, "the problem o hunger is still grave. "In an> case, to seek a remedy to thi very grave calamity there can not be. any adoption of er roneous doctrines and harm ful methods and lethal limi tation of offspring." The Pontiff did not mention Communism by name, but hi; warning was clear as he said "In a particular way our (Continued Page A-3, Col. 4) Facing Deatfv; Ex-Gov. Warren V Takes No Part in Tribunal's Action WASHINGTON MP) This Supreme Court today rejected n appeal by Caryl Chessman, California sex terrorist who as waged an legal ight to escape execution in San Quentin's gas chamber. Chief Justice Warren, a ormer governor of California, disqualified himself from the case. CHESSMAN HAD been scheduled to die last Oct. 23. jut two days before that ;ime the Supreme Court granted him a stay pending ts action on Chessman's latest appeal. It was the seventh time his execution date- had been set and then jostponed. The court's rejection was announced in a 22-word order which said: 'The petition for writ of certiorari is denied. The Chief Justice took no part in the consideration or decision of this application." Two days before the Su- ireme Court granted a stay, !ov. Edmund G. Brown of :alifornia refused clemency o Chessman. Brown, a foe of capita! lunishment, said evidence of Chessman's guilt was over- whelming and the condemned man's attitude was one of steadfast arrogance and con- empt for society and its aws." GEORGE T. DAVIS, San attorney for Chegs- man, on Nov. 2 filed the appeal acted on today. A document running about 325 s, it was the 13th legal nove made in the high tri- junal on behalf of Chessman. Davis told newsmen if the Supreme Court refused to hear the appeal he would plan other legal steps. Known as the "red light bandit" of Los Angeles lov- ers' lane, Chessman was con- victed in 1948 on 17 counts of kidnaping, robbery and at- tempted rape. Two death penalties were given Chess- man for seizing two girls .at gunpoint and attacking them sexually. Gov. Brown said one of Chessman's girl victims was still hopelessly confined in a mental hospital. Now 38 years old, Chess- man wrote two best-selling books while confined in San Quetin's death row. Attorney Davis said earn- ings from the books have been spent by' Chessman and his latest appeal was filed as a. pauper, without the payment of the usual court fees. The attorney related that the 325- page appeal was typed and stencils cut entirely by Chessman in his San Quen- tin cell. Pittsburgh Transit Jack in Operation PITTSBURGH and buses of the steel city's argest mass transit company resumed operation today after a six-day strike. Benson Bristles, Says He Won't Quit Post WASHINGTON quests for his resignation by Agriculture Secretary Ezra Taft Benson issued a bristling statement from his hospital aed today declaring he does not plan to quit, despite GOP sentiment against him in the "arm belt. Benson said. "I am resigned to one do my duty as I see continue my fight for a pros- perous, expanding and free agriculture." Benson's statement was Is- sued from Walter Reed Army Medical- Centert where he -is recuperating from abdominal surgery. Renewed speculation about Bensbn's political future was roused by a new round of re- some Republican national committeemen in the farm states. The requests were prompted by the belief that farmer resentment against Benson's policies was hurting the GOP. Republican National Chair- man Thruston B. Morton, who disclosed the committeemen's proposals, said Sunday that he did not believe Benson would. be forced out of the Cabinet. But Morton conceded in a Sunday television interview that Democratic farm lenders had made Benson a "whip-- ping boy" and Identified all farm troubles with Benson personally.   

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