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Winona Republican-Herald, The (Newspaper) - June 9, 1949, Winona, Minnesota PARTLY CLOUDY TONIGHT, FRIDAY READ DICK TRACY BACK PAGE DAILY VOLUME 49, NO. 96 WINONA, MINNESOTA, THURSDAY EVENING, JUNE 9, 1949 FIVE CENTS PER COPY TWENTY-FOUR PAGES St. Paul Fire Chief, Two Aides Kill State Opens Murder Case Against Babied Claims Evidence To Convict Without Youth's Confession Tho state clc-j it fun convict Mlltonl murder on! aside from! Milwaukee rliiri'd today lliibtch of first degree circumstantial evidence tll.H "ODIlflWihlll." Deputy District Attorney Joseph Tlorncy made the statement after! Municipal Judge Herbert J, Steffes ruled that the state could not refei to 11 statement or "confession" by Jlitblch In Us opening remarks to Ihn Juvy. Nlneti'im-ycar-ohl Babich Is nc- ousecl ti.v (he state ot slaying his bride's kid sister, Patricia Birming- ham, III, to prevent her from clis- lier sister was pregnant. He on trial toduy. Tleniey told the court thtit the only point which It must rely Mildly on the Biiblch .statement was tint exact locution of the slaying. Hill, liu wild, the state feels It has onough circumstantial evidence in every oilier respect to convict liublch in' premeditated murder. Arthur Richter, chief defense counsel, raised th" original objection to any reference by the state to an "alleged lilchtcr snltl he nnttclpntod that Muduuley would refer to the "con- fession" In Ills opening statement the jury, Hlohtor said he would oppose the- admission of the "al- nonfession" In evidence unless 1 It contained was provable by Independent evidence, The defense objection. Rlchter mild, also applied to McCaulcy's re- to luivc the Jury inspect loca linns Indicated In the Babich state- ment. Judge Herbert Steffes said ho had "iilwuys considered an opening Htatomont to be it synopsis of what the state Is going to try to prove anil has a boua fldo reason to be- lliwe It can The Jury of 11 married men and R .single girl was selected yesterday front 83 vonlronion In a day-long Four ot the panol were for cause, eight were struck by the stale's peremptory challenges mid 13 by the defense, Nine of the Jury's 11 male mem- bers iiro futhorn of from one to four children. A housewife, mother ol two children, was picked as an ultcrniitc Juror. Judge HteCfe.t told the Jury, "we urn going to Insulate you completely from the outside world. You may not read the newspapers, nor may you llHten to the radio." Ho cautioned the jurors not to discuss the even among Then he ordered them locked up for the night. On March 11. Hablch and Kath- leen eloped to Michigan, Three days later, J'utrlcla's body, tied to a concrete building block, was fished from the Milwaukee river. The Jurors, with occupations and number of children are J. J. Notch, throe children, railway express) driver; Stanley DrefTs, one daughter, tavernkcoper; Eric John-j non, four children, assistant man-! ager at trie Boston store; Fred! Mrowker, two children, lion counselor at the Antl-Tuberculosis association. Kllwocl Folger, two children, postal employe: Hlakeslce Wheeler, two children, factory hand; Her- man Huerkl, no children, service manager at Schuster store; Roman Junlk, no children, machine shop worker; Raymond Sehmnnskl, three children, brewery engineer. Ponald Walkman, one child, brow- fry worker; Miss Jeanne McNulty, Now is The Time to Build a Swimming Pool (An Editorial) On Tuesday the state of Minnesota sold 84 mil- lion dollars worth of bonds to pay the soldiers' bonus, authorized by the voters at the November election. The interest rate is 1.45 per cent! We wonder if the members of the Winona city council realize what such a favorable and low rate of interest means, particularly when applied to pub- lic improvements for the civic betterment? It means that Winona could have a municipal swimming and sanitary__with the principal and interest retired over a 20-year period for a tax increase of less than one mill a year! Thus, such a pool, which most everyone admits is badly needed, could be made immediately avail- able and paid for while it is being used over a period of years without a tax hardship on anyone. Assuming that such a pool would cost (St. Cloud paid for its modern, adequate pool constructed two years and that the bonds could be sold for an interest rate of 1.45 per cent (which is reasonable in view of the state's bonus bond transaction of earlier this the follow- ing table shows clearly how the principal and interest could be retired over a 20-year period: (A tax of one mill today raises a year in Winona.) (This means that if you now pay a year in real estate taxes, a municipal swimming pool will cost you per year.) Total Interest Principal Interest Unpaid at Reduction Plus Year Principal 1.45% Each Year Principal 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th llth 12th 13th 14th 15th 942.50 16th 797.50 17fh 638.00 18th 478.50 19th 319.00 20th 159.50 In 1948, it cost to operate the outdated Latsch bathing beach. On November 3, 1947, a majority of the voters of the city of Winona authorized the city council to issue up to in bonds for a municipal swim- ming pool. 'Reds' Listed Flay Secret F.B.I. Report Film Stars, Others Blast Document In Coplin Trial By Karl R. Bauman Washington A secret re- port to the P.B.I. naming Fredric March and others of Hollywood as communists held top billing today in Judith Coplon's espionage and drew condemnation from the people listed. The report, which March branded "the most absurd thing I ever heard was produced over the vigorous objection of the government. It said a confidential informant ad- vised the F.B.I. on April 25, 1947, that "Fredric was a mem- the Communist party and has been co-operating for many years. According to the report, the sam only as N.D FBI. Agents William McCarthy and Daniel F. Garde on July 18, 1947, that: "Lionel Berman, head of the cul tural committee of the Communls party, has been successful in using well-known Hollywood personalitie to further Communist party aims Fredric March being one of th persons who came under his In- fluence. The informant further ad- vised that he was satisfied the subject who is active in the communist infiltration of the motion picture industry, is a com- munist party member along with Edward G. Robinson, Paul Robeson Dorothy Parker, Donald Ogden Stuart, Ruth McKinney, Alfred Maltz, Alvah Bessie, Dalton Trum- bo, Millen Brand and Michael Blankfort." Another part of said: "gonfidential informant T-6 ad- vised in that Fred- ric March and Canada Lee were ;wo outstanding communist fellow travelers connected with the In- stitute for Democratic Education, Incorporated, along with Daniel L. Marsh, president of Boston univer- sity; Clyde R. Miller, a professor in the Teachers' college of Columbia university, and Norman Corwin, radio writer." Informants Not Listed I There was nothing in the report! B? Norman Walker. T> le ,J members of the United Mine Workers, (Continued on Page 16 Column 1.) start a week-long strike Monday to underscore John L. Lewis' lecture- 'BEOS LISTED fa economics to the nation's coal industry. Walnut Ridge, Ark. The Lewis told the Industry yesterday it has overproduced badly and thelArkansas state reported to. unidentified Firemen bear grim faces as they slosh through water carrying the' body of Edward Novak, St. Paul fire chief, killed with two aides early today when a retaining wall fell as they had just about put out a minor fire in a waste paper stockpile at an industrial plant. (A.P. Wirephoto to The Re- publican-Herald.) Miners Set For Week's Strike 10-Year-GldBoy Admits Causing Ice Box Deaths Margaret O'Brien And Mother Plan Vacation lehablllta-j Hollywood (fl5) Margaret O'- WlsconslnJBrlon and her mother are planning a vacation today, following the child West Virginia Convict Captured IWoundsville, W. Vannest, described as "the most dan- nest left only two of the criminals iat Pittsburgh said- who staged the break still free. Woman Pleads Guilty to Bigamy Rochester, Minn. A 21-year- old former Marion, Minn., woman pleaded guilty today to a City Patrolman R. C. Rector and of hieamv and was spntpncpri trJa Civilian, Hupp PottS, found 'Van of blgamy wfts sentenced to oest sleeping near the Ohio river shutdown will help eat into the huge, 52-day supply of coal already mined. "This period of he said, "will emphasize a lack of general stability in the industry and the dangers which will accrue therefrom if current harmful prac tices are not remedied." And he added: "The mineworkers are required gerous" of 14 convicts who escaped'again to protect affirmatively the late Friday from the' West Virginia state prison, was picked up today asleep under trees at New Martins- ville. human and property values inher- ent in the coal- mining industry." Lewis said the strike will be a good thing all around. Some mine owners agreed. An industry source Vannest was serving a 25-year term for armed robbery and mali- cious wounding. star's reinstatement on the indeterminate term in the wo- (jam. They had gone to the site to investigate a report of a stranger in payroll and the mother's filing of a suit for divorce from her husband of three months. "Uttle Miss Pigtails" and her sta- men's reformatory at Shakopee. Sentence was passed by District Judge Vernon Gates after Dorothy Steele admitted she had married nted. Her mother, Mrs, Gladys O'Brien rln wined iid taker, Milwaukee Sylvlo, in her divorce action filed Journal; Howard MlW'lcy, two chll-jycsterday, charged Bandleader Don ISylvIo with extreme cruelty. She tllo mnde up yesterday following aiHarry Westphal at Mason City, mutuai agreement June 1 that her Iowa, in November 1947, and Ed- contract be termin- win E. Whitcomb of Rochester in Mrs. Corn HoUmun, two children, wits picked as the alternate, August, 1948. Westphal now lives in Alaska. the area, Vannest offered no resistance and was taken to New Martinsville to await return to the penitentiary here. Still at large are Gerald Nolan, "Many coal producers will be glad to see a been all outgo shutdown. and little It has income recently because of supply back- logs." But there were dissenting opin- ions. Calls Contract Violated President J, Atlee Schafer of the American Retail Coal association, 4 Murder Charges To Be Asked in ng coun- ty authorities today planned to ask first degree murder indictments______________________ against four men as a result oflwas unable to get it open. day a ten-year-old boy said he slammed shut the door of an un- used ice box, causing deaths of three other children. Falling Brick Wall Crushes Men at Blaze Two Others .Treated For Smoke Injuries, Removed to Homes St. St. Paul fire chief and two aides were killed early today when they were trap- ped by a falling brick retaining wall in the Midway industrial dis- trict. The victims were: Fire Chief Edward Novak, Assis- tant Chief Prank McMahon and Harold Barck, a district chief. Two other firemen, Edward Bed- nar and Raymond Mitchell, were treated at Midway hospital for smoke and exhaustion. They were removed to their homes. The wall collapsed after a com- paratively minor fire in a waste- paper stockpile had been just about extinguished. The blaze started shortly before midnight at the plant of the Waldorf Paper Products Company, located at the western edge of St. Paul near the Minneapo- lis city limits. Novak and his aides were direct- ing the placement of hoselines to quell the last of the fire when the wall fell without warning1. Police said it came down with crash resembling an explosion. Showers of bricks, sparks and oth- er debris scattered more than spectators. Several suffefed minor hurts, Novak and McMahon were dead when firemen tore through the mass of wreckage to them. Barck: died in an ambulance on the way to Midway hospital. Five minutes before be was killed, Novak gave an estimate of loss for the fire. The fire broke out about p. m. covering the area with dense smoke. Shortly before 1 a. m. hiefs entered the building. Firemen theorized that expansion rf bales of.waste paper by heat and water created pressure that cracked he masonry retaining wall. The roof and outside walls of the iaper store house remained Intact. The building is located on Vandalia treet about a block south of Uni- ersity avenue. teds Close Mouth Of Yangtze River Shanghai The mouth of the Yangtze river was closed to na- Polioe Lieutenant H. R. Peterson vigation today by the communists identified the boy as James CBud dy) Chesser, uncle of one of the victims. The police officer quoted James as saying the children were play- ing when all three climb- ed into the old-fashioned box last Friday. Then, Peterson continued, the boy related: He shut tne door of the box and wooden as if mines were being laid. He said a Nationalist gunboat warned attending a land, said convention "Lewis is in Cleve violating IS, and Eddie Starcher, 23. Theyjpiration date." terms of. the present contract fay calling out miners prior to the ex- were each serving a 10-year sentence for grand larceny when they sawec Allert de Vries, 52, of Rochester pleaded guilty to a charge o tlieir way out of 'the "tough abandonment of six minor children accused him of "numerous separate, Independent acts" of cruelty, but did indeterminate term at hard labor sectlon of the Bevin Calls Pact Shield From Russ Blackpool, Secretary Ernest Bevin described the Atlantic Pact today as a west- ern shield against the biggest army in the "It is the largest army, the great- est power in the world that is mo- bilized Bevin told the an- lual Labor party conference, "and I want to see that brought to an end, not by war but by example, by remaining firm ourselves. Obviously referring to the Soviet Union, the foreign secretary said: "There has never been a At Charleston, W. Va., Secretary Walter R, Thurmond of the South- ern Producers association said there- is nothing in the contract to permit what Lewis referred to as a "stabilizing period of inaction." the shooting to death of a Rich- field policeman last Saturday. County Attorney Michael J. Dil- ,on said he would ask the grand iury to indict the four men, al- hough only one of them, Gustav Johnson, 29, St. Paul, may be tried on the charge. Fred Babcock, Jr., was killed by a bullet as he called on men he surprised breaking into a store to surrender. The other three will be tried at Fargo, N.D., in federal court on a charge of abducting Ralph Senn, Mandan, N.D., patrolman. Carl Bistram, 27, St. Paul and Allen G. Hartman, 20, St. Paul, were ar- raigned on the kidnaping charge at Topeka, Kan., yesterday and pre- liminary June 22. hearings Bail was were set for set at "My mother called me thea to go to the store. I was scared, I formally be declared a zone. each and was not furnished. The fourth man, Arthur Bistram As for the miners, their reaction 37- was held at Omaha, pend ing preliminary hearing after his was summed up by one U.M.W member who said: "John L. Lewis tias always been right for us be- fore, hasn't The strike comes 'on the eve of crucial negotiations for a new con- iact. By reducing the of stocked coal above ground, the walkout will bolster Lewis' bar- gaining position. It also will make more effective any new "no con- ract, no work" strike he might call in July. The present industry agreement expires June 30. Other likely byproducts are (1) A sharp drop in the chances for repeal of the labor-hated Taft-Hart- arraignment Tuesday. Johnson is held in Minneapolis. The Bistrams and Hartman face penalties of up to "life imprison- ment for their abduction of the Mandan patrolman. Dillon said that if the three are not "Imprisoned for life under fed- eral law, he will file detainers against them. Such a move would provide for their being taken into custody immediately upon their and brought 'to -Minneapolis to stand trial for Babcock's slaying. Group Of Prospective Jurors for first degree murder trial of 19-year-old Milton Babich is shown ns they took onth In Milwaukee, Wls., municipal court. Babich, lower right, is charged with slay- Ing piitrlcln Birmingham, 16-year-old sister of girl to whom he is married. Patricia's body was found in Milwaukee river two dnys after Milton and Kathleen Birmingham Babich eloped. Ten of first venire- 4itui examined suld they formed ophilons about the case. (AP. Wirephoto to The Republican-Herald.) tator in the history of this world who has not talked peace when he had been preparing for war. "Do not be misled." Bevin called the 12-nation North Atlantic alliance "the biggest step in collective security that has been taken in the history of the world." Bevin flew in yesterday from Paris to address the convention, billed as the party's 50th anniver- ey law and (2) A subsequent wld: between Lewis ir leaders Philip Ac II C die-Murray of the C.I.O. and William U'J' enlng of the rift between Lewis and fellow labor sary jubilee. threshing out sent to the voters in the next elec tions, regularly scheduled 'for '1950. The conference is a platform to pre- Green of the A.F.L. Spokesmen for Murray and Green said neither wanted to com. ment on Lewis' strike order.' How ever, Lewis acted while he was in the midst .of an exceedingly bitter exchange with both A.F.L. and C.I.O. presidents over labor law strategy. .7 The U.M.W. chief had accused them of a "foul betrayal of labor" in agreeing to Senate amendments to the administration Taft-Hartleyi MINERS (Continued on Page 3, Column 2) Woman Confirmed ran home and went to the store. Then I forgot." The victims were James Delbert Chastain, two and Joyce Ann Cbas- tain, nine, children of Mr. and Mrs. Ed Chastain and Shirley Ann Ram- sey, six, daughter of Mr. and Mrs. Arthur Ramsey. Young Chesser was an uncle of the Ramsey girl. The old ice box was at the home of the Chastain children's parents' n a farm community near Walnut Ridge. The other children livet nearby. Mrs. Chastain discovered th children in the box when she re ;urned home from work in the col ton fields. Chesser was held in custody tern porarily. Peterson said he doubted there'c be charges. "He's too young' to do anything with even if it had been deliberate who reared It had been mined by Chinese Nationalists. A pilot said as he proceeded up the river today he saw a medium sized Nationalist landing ship zig- zagging across the river's mouth him the area was dangerous. Customs officials said if mines were laid it was in violation or International law which requires that any area mined first must I don't believe it Pe- terson said. Truman to Speak At Legion Meet J. Mon- roe Johnson announced today that President Truman will address the release from a federal institution annual American Legion conven- Senate 'to- day confirmed Mrs. Georgia Neese Clark of Kansas as the .first woman treasurer of the United States. The action was by unanimous consent. She succeeds William A. Julian, who was killed in an auto acci- dent ten days ago. The Senate suspended its rules to act speedily on the appointment of Mrs. Clark. The nomination lion In Philadelphia in August. Johnson, a member of the Inter- state Commerce commission, Mr. Truman will attend the con- tention as a delegate and will be presented with the American Leg- lion distinguished service medal. Johnson talked with reporters at the White House, where he said he went to select a photograph of the President for use in the of- ficial convention program. The convention will run from August 28 through August 30. John- son said the President will speak on the opening day. Reminded that there had been no official announcement from the White House, to this effect, John- son said the President had assured fore the Senate acted. had been approved by the Senate him that he will speak at the con- [Inance committee only shortly be- vention barring some "unforeseen development." Two foreign ships were caught hi port by the navigation closing order. They are the British ship Shenking, which was to sail for Hong Kong, and the United States Lines' China Victory. The United States Lines President Polk is due here tomorrow but customs officials said they understood it had been diverted. Seven foreigners who tried to en- were compelled to re- the Shenklng. Two of them are Americans. The seven were among 21 foreign- ers who arrived Irom Hong Kong. Fourteen members of families or employes of the steamship com- pany, Butterfleld and Swire were allowed to enter under special pro- visions. Pilot Retires With Mark E. Hamil- ton (Ham) Lee, 57, of United Air Lines, one of the nation's pioneer pilots, today retired from active flying with a record of more than 30 years and approximately miles of flying. Lee served as flying instructor in World War I. In announcing his re- .irement Lee said he was leaving he airways to devote full time to his business interests in Los Angeles and Glendale, Calif. Lee's son, Robert E. Lee, is a cap- ain on the company's Chicago-New York run. WEATHER FEDERAL FORECAST Winona and vicinity: Partly' cloudy tonight and Friday. Some- what, warmer Friday. Low tonight 0, high Friday 84. LOCAL WEATHER Official observations for the 24" LOUTS ending at 12 m. today: Maximum, 76; minimum, 54; 1; precipitation, none; sun sets to- night at sun rises tomorrow1 t Additional weather on page 20. ;