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Cedar Rapids Gazette (Newspaper) - May 2, 1949, Cedar Rapids, Iowa Clear tonight with low 42; Tuesday partly cloudy and warm- er, high Tuesday 70-75. CITY FINAL 5 CENTS KCRG NEWS ON TOO DIAL -_ VOLUME 113 CEDAR RAPIDS, IOWA, MONDAY, MAY 2, 1949. ASSOCIATED PRESS, UNITED PRESS, INTERNATIONAL NEWS TRUMANITES YIELD Main and France May Join Parley Expansion of Blockade Discussion in Near Future Is Seen. LONDON Ameri- can-Soviet talks on the Berlin blockade will be expanded soon to include Great Britain and France, reliable sources reported Monday. Dr. Philip Jessup of the United, States was understood to have told Jacob Malik of Russia last week that the Western Powers were agreed that the preliminary j discussions should be converted j to Four-Power talks as soon asi possible. i A foreign office spokesman said he believed the appropriate time for the changeover would be when discussion of dates for lifting the blockade and convening the Coun- cil of Foreign Ministers begins "in hard terms." Foreign Minister Robert Schu- man of France said he thought a date for the Big Four council meeting, Russia's prerequisite for lifting the blockade of would be set this week. Schuman said he hoped the meeting would be held in Paris, adding: "That is our wish, and it has been proposed by others out- side France." He did not say who the others were. Actual date for the council meeting has been the subject of wide speculation. Best informa- tion available here indicated it might be late this month if the I Cunningham Rutledge, jr., opened preliminary talks mature along District Court Judge J. E. the expected Imes. Heiserman shortly after 9 a.m. Monday, The young St. Louis' doctor is accused of slaying his fellow- townsman, Byron C. Hattman, in FATHER AND SON TOGETHER AT TRIAL OPENING Robert C. Rutledge of Houston, Texas, saw his son, Dr. Robert C. Rutledge, jr., Mon- day morning for the first time since the latter's sur- render to Linn county authorities, March 23. The two men met in a room adjacent to the district courtroom in which the young Dr. Rutledge went on trial for the murder of Byron C. Hattman. -K -K Trial of Rutledge Starts Examination of Jurors Begins By Loyal Meek. 16 prospective jurors had been examined by Linn County Attor- jney William W. Crissman. De- ifense attorneys immediately be- jgan their examination of the !panel when Crissman finished the itask for the state. Just before leaving Paris for London for a 10-power Council of Europe meeting, Schuman said there were no differences of views among the Western Powers in the current talks with Russia. The murder trial of Dr. Robert Crissman's questioning of the first member of the panel 'had scarcely begun when Milner ob- jected and was sustained by Judge Heiserman. Leo F. Laughren, who .repre-. sented Dr. Rutledge after'his ar- rest in St. Louis on Dec. 17, was. not in the courtroom. High Court Turns Down Marino Plea WASHINGTON su- preme court Monday refused interfere with the continued im- prisonment of a man whom it once said was being held in violation of a bloody fight in room 729 of Roosevelt hotel here last Dec. 14.1 opened the long-awaited trial with a brief summary of the situation. 'This is the case of Dr. Robert Cunningham Rutledge, he said, "accused the murder of Byron C. Hattman on Dec. 14 in room 729 at the Roosevelt hotel." his constitutional rights. His attractive wife, over whom the fight is alleged to have taken place, accompanied Dr. Rutledge to the third floor courtroom of the Linn county courthouse this morning. She walked into the courtroom on his arm and was seated with him at the counsel table when the trial opened. In attend- ance as the trial began were the Defendant's father, Dr. Robert C. j Rutledge of Houston, Texas, and Mrs. Rutledge's parents, Dr. and f W..W...U XVUllCUgCE, fCtldJlb, Ul CtXIU The man is Tony Marino, serv-iMrs. Howard 3. Goodrich of Han- ing a life sentence in Illinois for ajnibal, Mo. murder committed in 1925. Marino; -parrnU Prpsmt was convicted that year, when he; Hattman Parents Present. was only 18 and still unable to speak English. He had emigrated from Sicily two years before. In December, 1947, the supreme court ruled that Illinois Circuit Court Judge William R. Dusher was wrong in refusing to give Marino a hearing when he sought review of his case in Rockford, where the trial was originally held. officials had conceded that Marino's rights to a fair trial had been violated. Errors Conceded. Some of the errors conceded were that Marino was extradited from Beloit without papers; that one of the arresting officers served as his interpreter at the trial: that he was not provided with counsel; and that a plea of guilty was en- tered for him when he actually had not agreed to it. Even after, the original supreme court ruling, Dusher again re- fused to release him. Representa- tives for the state attorney general supported Marino's petition at the second hearing before Dusher. In a new petition to the su- preme court, Marino claimed x-Dusher had refused to order his relsase on grounds he was guilty and ignored the defects in the original prosecution. Three Vote To Hear It. Three of the nine justices Douglas, Murphy and Wiley B Rutledge, voted to hear the new appeal. The petition, however, was turned down without other com- ment. Marino filed this new appeal with the high court last sum- mer. The court gave no reason for delaying action until now, Marino has another appeal pending with the Illinois supreme court. Normally, the supreme court does not hear cases untl petitioners have completely ex- hausted their legal recourses within their home states. Also at the counsel table were Mr. and Mrs. John C. Hattman of Coraopoiis, Pa., parents of the slain man. By p.m., the first panel of The Cast. He then introduced what he termed "the cast of characters" in the case Judge Heiserman, Mrs. Walter A. Goulden, the court -re- porter; Bailiff Dick Preston, Wal- ter A. Barngrover and R. S. "Sid" Milner, defense counsel, and Dr. Rutledge and his wife. Crissman went on to introduce himself and his assistant, David Elderkin, who. form the prosecu- tion team, and Mr. and Mrs. Hattman. He then asked the 16 prospec- tive jurors as a group whether they were acquainted with Dr. Rutledge, his wife or the families, Photos by Gazette Picture Editor Don Padlllft. DR. RUTLEDGE AND WIFE LEAVE COURTROOM AT RECESS Rob- ert C. Rutiedge, jr., and his wife, Sydney, are shown as they left district court during the mid-morning recess of Cedar Rapids' first murder trial in 10 years. The St. Louis doctor trial, accused of the slaying, of townsman, Byron C. 729 in the Roosevelt, hotel last Dec. 14. It was over the af- fections of Mrs. Rutledge that the two men quarreled before the fight which re- sulted in Hattman's death. and whethter they were acquainted in St. Louis or at Hannibal. The prosecutor noted that Leo F. Laughren, St. Louis attorney who guided the strategy which kept the young doctor put of the hands of Iowa authorities for three months, was not at the counsel table. "Will Mr. Laughren be he asked In the general direc- tion of the counsel table. The question was answered by Barngrover, who said he had no control over who came to the courtroom and who didn't. "He is not an attorney of record In this Barngrover said. Crissman then went on to the next question whether they were acquainted with Milner or Barngrover. Some of the prospec- tive jurors were. Crissman got down to the ex- amination of the prospective jurors individually. He questioned whether they had read or heard anything about the case and wKether they had formed any opinions on it. Milner's objection came during Crissman's examination, of the first prospective Jarboe. Had she any thoughts or opin- ions as to the unwritten law? Crissman asked. Before she had. a chance to reply, Milner objected. The objection was' sustained by Judge Heiserman. In his examination of .succeed- ing members of the jury panel, Crissman asked repeatedly wheth- er they had' any scruples about imposing the death penalty in the case of first degree murder. One of the panel members Mrs. Eva Fontaine of Marion replied that she had. Others ex- pressed no such scruples. The defense also objected to Crissman's questions as to whether the prospective.jurors had formed any opinions or whether they had been influenced by anything writ- ten or said about justification; of the alleged acU" _ Judge Heiserman overruled that objection, however; The .16 members of the jury panel drawn as the trial opened this morning were: ;Miss. Jarboe, Herman Kraus, Cedar Rapids; Elmer L. Burger, Cedar Rapids; Joseph A. Teply, Cedar'Rapids: Eva Fontaine, Mar- ion; Mamie C. Shaheen, Cedar Rapids; Donald M. Ross, Cedar Rapids; Lepna M. Reid, Cedar- Rapids; George Munier, Marion; 'Charles H. Anderson, Cedar Rap- ids; Una N. Andrews, Cedar Rap- ids; Theodore Kahler, Marion; Floyd Robson, Marion; Ralph Stewart, Springville; Leona F. Si- mon, Cedar Rapids. Procedure. When the de'ferise completes its examination of the prospective jurors, the procedure of striking and challenging will begin. Each-side is.allowed two strikes. (Continued on Page Col 3.) Today's Chuckle "Isn't it terrible? That young man was studying for the min- istry; and now he has decided to become a jockey." "Well, maybe that's not so bad. He'll bring a lot more peo- ple to repentance than he would a minister." MEMBERS OF RUTLEDGE FAMILY IN CEDAR RAPIDS FOR TRIAL during the first recess at mid-morning Monday, this picture shows Dr. Robert C. Rutledge, jr., of St. Louis and members or his family who are in Cedar Rapids during the murder trial of the young doctor. Group (from left) includes: Dr. Robert C. Rutledge of Houston, Texas, (Rutledge's Dr. Robert C. Rutledge, jr., his wife, Sydney, and Dr. and Mrs. Howard B. Goodrich of Hannibal, Mo., father mother of Mrs. Rutledge. Pratt Signs Contract for Stadium Use Ceiar Bipldi A contract was signed Monday noon by which the Cedar Rapids Rockets, owned by Adam Pratt of Sloan, will lease the Cedar Rap- ids' new baseball stadium for three years. The Rockets open the season here Tuesday at p.m. against Keokuk in a Central As- sociation game. The principal terms of the lease show that the Rockets must: (1) Memorial com- mission governing body of the stadium, five cents for each adult admission. (Adult ticket prices are 75 cents, and 50 cents, before taxes are de- ducted.) (2) Pay for the lights, water arid gas used at the stadium on the night of Rocket games. (3) Furnish the groundskeep- er and parking lot attendants. (4) Furnish police protection and liability and damage insur- ance. (5) Assume responsibility for damage to the park except for normal wear and tear. The Rockets guarantee the com- mission at least for a year's rental. If the team should fold be- fore the schedule is completed, the Rockets.must make up the differ- ence: between, what they have paid at five cents a head and the minimum. During the three years of this lease the Rockets must furnish membership in a class C or B league. If they acquire a franchise in a class A league, a new con- tract will be drawn up, probably with a higher rental. In addition to the three years of the original contract, the Rock- ets receive an option on five more, provided they can then furnish B or A baseball. The contract gives the Rockets the stadium only on the nights o1 Central Association or other league games, On the other dates the Memorial commission may use the stadium as it sees fit. Members of the Memorial com- mission said Saturday they had already agreed to use the park for the following events aside from the Rocket engagements: (1) Two Cedar Rapids biffh school baseball doubleheaders. (2) A came between Iowa Manufacturing of Cedar Rapids and Caterpillar Tractors of Pe- oria. (3) A baseball school to be operated by John Beck of Ce- dar Rapids' and Otto Vogel, University of Iowa coach. (4) A northeast Iowa ama- teur baseball tournament, to be sponsored -by the Wholesalers and Jobbers bureau of the Chamber of Commerce. Also under the contract, the Rockets get the concession' rights in the new stadium. They will run this concession both on. the nights of their own games and when the Memorial commission lets the stadium out for other events. In return for the concession rights on the other nights, the Rockets will pay the commission (Continued on Page 5, Col 3.) Packard Price Cuts Announced DETROIT reduc- tions ranging from to on volume models of its new line of cars 'were announced Monday by Packard Motor Car Company. At the same time Packard dis- closed that its new "ultramatic' no-shift transmission will be priced at The transmission is included as standard equip- ment on Packard's 160-horsepow- custom models. Later it will be'offered as optional equipment at extra cost on other models. New Test Forced On Economy Issue WASHINGTON (AP) Senate Democrats Monday forced a new test on the economy vote that sent a appropriations bill back to committee last night with instructions to cut it. Senator Green who did not vote then, made a formal motion. to reconsider that action. A vote on Green's motion will come later, probably after consid- erable debate. Senator McKellar chairman of the appropriations committee, decided to seek a sec- ond test because 15 senators did not vote, including nine Demo- crats. Today's Index ....................13 Courthouse 5 Crossword 14 Daily Record 5 Deaths 5 Editorial Features.......... 6 Firm .....................M Foto Facto ................iz Marion.................. 15 Radio .....................ia Sports..............___.. .11 State...................... 3 Want Adi..............15-17 Women's 9 Writ Power Is Endorsed By Rayburn Administration Makes Concession in Bid To Get Support. WASHINGTON (UP) Speaker Rayburn said after a conference with President Truman Monday that some emergency injunctive powers should be added to the ad- ministration labor bill to cope with strikes affecting the na- tional welfare. Rayburn is the number one ad- ministration spokesman in the house, where the President's fol- lowers are fighting an uphill bat- tle to save their Taft-Hartlpy bill from defeat. His surprise statement seemed to make it plain that the admin- istration is ready to abandon its opposition to the injunctive pro- vision in an effort to. win support in the crucial test vote expected Tuesday, It was the biggest concession the administration has made in the bitter house fight, and one which seemed certain to provoke angry reaction from organized labor. CIO and AFL leaders have at- tacked the injunctive provisions of the Taft-Hartley law as one of the main reasons why they want it wiped off the books. Approval Assumed. Rayburn did not say whether Mr. Truman had approved his statement. But it was assumed that the President had given it his okay in the hope it would pull his repeal bill out of the fire. Rayburn was. one of the con- gressional big four who called at" the White House Monday for their regular legislative strategy conference with the President. Vice-president Berkley, Acting Senate Majority Leader Meyers (Pa.) and House Democratic Leader McCormack (Mass.) sat in on the conference. They let Rayburn speak for them on their way out. Rayburn said he informed Mr. Truman that he thought the house would reject the proposed Wood bill sponsored by a coalition of Republicans and southern Demo- crats as a substitute for the ad- ministration repealer. The Wood bill is expected to come to a vote Tuesday. The Lesinski bill, backed by the ad- ministration, will not be consid- ered unless the Wood measure it defeated. As Bill Now Stands. As the Lesinski bill now stands, a 30-day cooling-off period would be provided in strikes affecting the national interest. But there would be nothing but a presiden- tial request and public opinion to back up the cooling-off period. The Wood bill would continue the cooling-off period of the Taft- Hartley act; backed by authority for the President to seek an anti- strike injunction. Rayburn said he would support some changes in the original ad- ministration bill, including clari- :ficiation of the President's emer- gency powers and a free speech clause for employers and workers. "I would like to see some emer- gency powers for the President that would get around he told reporters, "because when you seize something, you never know when you will be able to turn it back.'' Democratic spokesmen have taken the position that the Presi- dent has inherent powers to seek injunctions in strikes affecting the national welfare or security. The Republicans disagree, and Rayburn said he thought those powers should be spelled out in the new law. Obstacle on Rail Track Is Probed CHICAGO (AP) Authorities are checking to learn whether aa attempt was made to wreck a fast Burlington mail train. Fire broke out in the train's diesel engine Saturday night after its fuel tanks were punctured by flying steel fragments. Several cars behind the engine also were pierced by the fragments. The train, bound from Chicago to Lincoln, was held up more than three and one-half hours at sub- urban Downers Grove. Police Chief Otto Springborn of Downers Grove said the train ap- parently hit a rail blade which had been left on the track. A rail blade is a steel plate used to hold the main rail to the wooden ties. Springborn said it had not been determined whether the blade was put on the-track in a deliberate attempt to wreck the train or left there accidentally. No cars were derailed, but the engine filled with smoke. Fire- men ,from Downers Grove and Lisle put out the blaze. No one was injured.
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