davidaulloa/AmericanStories huggingface dataset:
Evening star., 1961-07-13
SwindIe VerdictUpheId
Despite Mallory Rule

The United States Court OF
Appeals today upheld the con-
viction of a "flimflam" artist
even though police violated a
provision of the Mallory rule
by failing to take him before
a committing magistrate with
out delay,
The court in effect refused
to extend the Mallory rule
which forbids the admission in
evidence of confessions taken
during illegal detention-to ex-
clude testimony in court by
witnesses who identify defend
ants during periods of illegal
detention.
It.made its ruling in the case
Of Waverly Leroy Payne of
Goldsboro, N. c., who was con-
victed in District Court of
grand larceny and sentenced
February 8 to a three-to-10-
year Jail term.
Payne was arrested after a
citizen pointed him out to a
policeman last November 4 as
the man who had tried to trick
him out of money.
Payne was taken to police
headquarters and held until the
next day. In the meantime,
police questioned him about q
swindle that took place six
months earlier. The victim in
that case was brought in and
picked Payne out of a lineup
Payne at first denied taking
part. but as the victim re-
Evening star., 1961-07-13
BY GILBERT GINIBLE
Star staff Writer

The National Capital Plan
ming Commission today re-
peated approval Of modifica-
tions in the Southwest project
Area C renewal plan which
allow the Redevelopment Land
Agency to go ahead with de-
velopment Of the new water
front.
The modified plan now goes
back to the District Commis-
sioners for final approval. The
city heads already have given
the plan their general indorse-
ment.
In April the commission acted
favorably on the plan. A public
hearing was held by the Dis
trict Commissioners, who then
suggested several changes, most
of them minor. This required
the commission to take up the
matter again at its meeting to-
day.
The commission did not go
along, however, with Sugges-
tions by the Commissioners
that redevelopers of the Len
Evening star., 1961-07-13

counted in detail how he had
been defrauded, Payne admitted
his guilt.
He was then charged with
grand larceny in the earlier
offense. Police took no action
on the case that caused his
arrest.
At his trial in District Court
Payne's confession was not
allowed as evidence because he
had been held too long to com.
ply with provisions of the NAL
lory rule. But the victim was
allowed to identify Payne ir
the courtroom without re-
ferring to the previous identifi-
cation made during Payne'S
prolonged detention.
The Appeals Court ruled to-
day that, while we do not
condone lengthy detention for
the purpose of rounding up
complaining witnesses so that
they may view a suspect
Payne'S arrest was proper" "
"The suppression of the test
imony of the complaining wit
ness is not the right way to
control the conduct of the po-
lice or to advance the admins
tration of justice" the court
said.
The police should have
obeyed the Mallory rule and
should have taken Payne be-
fore a magistrate, but it does
not follow that failure to do SO
makes invalid Payne's convic-
tion, the court said.
Evening star., 1961-07-13
Planners Clear Way
For New Waterfront

Ifant Plaza office buildings and
hotel be required to construct
an underground parking garage.
Following a staff recommen-
dation, the commission de-
cided that the underground ga
rage, to hold about 1000 cars,
be built with public funds
through the Motor Vehicle
Parking Agency, as had been
planned earlier.
The staff report said a
change now would mean the
plaza projects, to be developed
by Webb & Knapp, would have
to be renegotiated and engi-
neering plans for the UNDER
ground garage already drawn
would be rendered obsolete.
Notifications approved will
permit the RIA to go ahead
with extension of the water
front bulkhead and develop
ment along the lines of plans
drawn up by Mrs. Chloethiel
Smith, Washington architect.
The plan calls for a series of
buildings along a pedestrian
promenade.
Evening star., 1961-07-13
BUSINESS BETTER

The w. v. & M. Coach Co..
anticipating an increase in pa
tronage, has decided to with
draw a request for a fare
increase.
The Northern Virginia transit
company had asked the Wash
ington Metropolitan Area Tran
sit Commission to allow an in
crease in the cost of tokens.
But this week the company
withdrew the petition. The
transit commission readily went
along with the company's re-
quest.
WYNN. wanted to increase
fares from four tokens for IS
cents to four for 80 cents.
Earlier this year it had re-
quested the Interstate Com
merce Commission to allow it
to increase the fare to four
tokens for 95 cents. When jur-
isdiction was transferred from
the ICC to the new transit reg
ulatory agency, the coach COM
pany reduced the request to 90
cents and a hearing was set
for next month.
Delmer Ison, executive di-
Evening star., 1961-07-13
SEND A KID TO CAMP
Joe Loses Fear
OfLeoving Home

Children sometimes resist
leaving home, even briefly, if
they aren't sure it will be there
when they return.
Joe felt like that last year.
His father deserted after a new
baby was born. He was placed
In a foster home for a time
until his mother was able to
take him back with her.
It seemed to Joe you couldn't
count on home from one day to
the next.
His distress was reflected in
reStleSsness at school-walking
around the room, talking out
Of turn.
Joe was only 8 when these
things happened. Now 8, he is
back with his mother and
settling down, more peaceful
inside.
Workers wouldn't have con-
Sidered sending Joe to camp
a year ago, when even a two
week trip could have meant
another major unheaval.
Joe is active, loves sports
and has said he is anxious to
go. Your gift to the Evening
Star Summer Camp Fund can
give a fine vacation to a little
boy who has weathered a tur-
bulent time.
Evening star., 1961-07-13
PLANNERS WANT NO PART
OF DISPUTE OVER BRIDGE

The National Capital Planning Commission. fearful
of the reaction from frustrated motorists who each day
Potomac River bridges during rush hours voted
today not to get into argument retaining the
old Fourteenth Street Bridge.
The commission staff urged at meeting today that
the District Commissioners be requested to rip the old
bridge down soon as the new bridge is opened.
Several members Of the commission agreed, but the
majority went along with the suggestion that would be
poor public relations with the public. One member said
he believed the Virginia commuters would be nfurated"
Engineer Commissioner Frederick j. Clarke said the
bridge would be left standing only insurance" and
used if needed.
The commission voted down motion to urge wreck
ing of the old bridge.
Evening star., 1961-07-13
FDAWorns Sauce Can
Cause Food Poisoning

A nationally distributed
brand of hollandaise sauce
could cause food poisoning, the
Food and Drug Administration
warns.
FDA Commissioner George
r. Larrick yesterday identified
the product as Hayden's hol-
landaise sauce. He said rs
cases of food poisoning have
been reported by the Los An
geles City Health Department
Evening star., 1961-07-13

Boatswain's Mate SIC James
Reeves, II like the water quite
a Bit" 90
Il heard on the radio a few
days ago that John Kennedy
was on this boat with another
President" he said. referring to
the visit Of President Ayub of
Pakistan.
The youngsters politely
thanked Comdr. Slye and the
Evening star., 1961-07-13

discretionary powers to the
board of elections.
Mr.. Davis, understood to
favor 21-year-old voting, took
a position between broad board
discretion and detailed en-
abling legislation.
81 believe we must have rea-
sonable protection against
fraud in the bill, but I see
no need for going into minute
detail" Mr.. Davis said.
He contemplated a compro-
mise which would probably in
corporate features of two bills,
one sponsored by Representa-
tive Broyhill, Republican Of
Virginia, for 21-year-old vot-
ing, a 1-year residence require
ment, and re-registration every
four years and another intro
duced by Representative Har-
sha, Republican of Ohio. The
I94-page Harsha bill provides
detailed anti-fraud projections.
Absentee Voting Favored
Mr.. Davis said he personally
favors absentee voting for resi-
dents 'legitimately absent from
the District on election day."
Questioned on a residence
requirement, he said Il would
not think it should be short.
That is the area in which there
seems to be the greatest oppor-
Itunity for fraud"
Some critics of the short res
idence principle, one which
seems to be gaining popular
support in the States, have said
that voters in nearby Maryland
and Virginia suburbs easily
could establish temporary resi-
dences in the District and vote
in two Jurisdictions.
Evening star., 1961-07-13
WHEN MARGARET Tru.

WHEN mhNOAnE1 1Tu-
man made her Boston debut,
she received a wire that read,
Hope you break a leg"-not
from q diSenchanted Repub-
lican but from an actress
colleague who knows it's
show biz for good-luck.
The Stars drama critic,
Jay Carmody, listened in
tently to Mr.. Davies folklore
and then offered the infor-
nation that Laurence Olivier
is at least one actor who likes
the number 13.
Some years back the two
of them were at a race track
and Mr.. Olivier insisted Mr..
Carmody tout him on the
daily double because 1t was
the 18th of the month, a re-
quest that bewildered Mr..
Carmody..
Don't you remember what
the soethsayer said? The one
who reads your whisky
grounds?" d m and e d Mr..
Olivier.
1t seems that some mis-
placed tea leaf reader had
wandered into q bar visited
by the two, stared into Mr..
Carmody's glass and said the
18th was his lucky day.
Prodded by Mr.. Olivier, he
picked the daily double and
won $110 for 81.
The Rambler intends to
take Mr.. Carmody to the
taces today.
Evening star., 1961-07-13
Yacht Delights Blind Tots
BY DAVID BREASTED
Star Staff Writer

An exclusive group of Wash
ington VIP's spent an hour to-
day aboard the presidential
cabin cruiser Honey Fitz."
The IA visitors, aged s to IL,
day school pupils Of the Co
lumbia Lighthouse for the
Blind, were guests Of President
and Mrs. Kennedy aboard the
yacht.
The children, all blind, were
led in rapt attention through
the Honey Fitz," meeting
place of late for presidents
and prime ministers.
How are you? It's nice to
have you aboard" said 1t.
Comdr. Walter C. Slye, skipper
of the vessel as 6-year-old
Judith shyly led the procession
up the gangplank at the Naval
Weapons Plant.
Flowers Prove Popular
The little girl, slightly over
whelmed and youngest of the
group, was led to q vase of
flowers on the afterdeck. She
intently fingered the pretty
bouquet, which proved a hit
with all the children, but re-
served comment.
zone thing I like is flowers.
Can you buy flowerS?" asked
Diane. 8, enthusiastically after
smelling the bouquet.
A loud cheer went up from
the youngsters when the tele-
vision in the spacious main
salon was turned on. Then
came a tour of the bridge,
which bright Johnny, aged 10,
agreed with his friends was the
No. l attraction of the visit.
All hands turned the mahogany
wheel, and the children ran
sensitive fingers over the
shiny engine controls.
Awed by Buttons
That's really something. But
I don't want to push any of
Those buttons" Johnny told
Evening star., 1961-07-13
Camp Fund Facts

How to send a kid to
camp:
Make out your check or
money order to The Even
ing Star Summer Camp
Fund. Mail it to The Even
ing Star, Second street and
Virginia avenue Sc, or
bring cash to The Star. A
receptionist in the lobby
will direct you to the
cashiers office.
The cost-$41.55 for IL
days, SPOTS for six days.
All sums received By The Even
ing Star Summer Camp Fund go
to Family and Child Services Of
WASHINGTON, United Givers
Summer Outings Committee Fam
lily and Child Services Is regis
tered under the District Of Co
lunIbia Charitable Solicitations
Act No. 6-07-161.
Evening star., 1961-07-13

yacht crewmen at the gangway
as they filed ashore. Comdr.
Slye took 9-year-old Linda
across the pier to a PIT boat.
He told Linda that it used to
have torpedoes and was like the
one President Kennedy COM
manded in World War II.
well, I'll be :. :" exclaimed
Linda, and everybody went
home happy.
Evening star., 1961-07-13

and the product is quarantined
in California.
Consumers who have bottles
or portions of bottles of the
sauce should destroy them, the
FDA said.
An agency spokesman said
the sauce is a "carriage-trade
item," marketed in a 6-ounce.
lemon-colored bottle with a
red label bearing the name,
"Hayden's HollandaiSe Sauce"
A District Health Department
official said the product has
been taken off the market vol
UNFAIRLY by area distributors
and retail sellers.
William H. Cary, chief Of
the Health Departments bu-
reau of. environmental health,
said his office has contacted,
either directly or through dis
tributors, "up to so retail out
lets" in Washington.
The product, which is refrig-
Grated, was sold locally in deli
catessens, speciality food shops,
chain rupermarkets and at least
one department store.
Local officials were notified
is days ago that the sauce,
which is used as a salad or
vegetable dressing, might cause
food poisoning.
The FDA said seizure pro-
cedures are being instituted
against shipments in Washing
ton, San Antonio, Tex, and
San Francisco.
Agency medical advisers said
illnesses associated with the
product indicate salmonella
infection. Symptoms observed
include nausea, vomiting, diar-
rhea, cramps and fever.
The maker OF the sauce Is
Hayden's Hollandaise, Inc, Of
College Point (Flushing), N. Y.
In New York, Joseph Buch, the
firms attorney, said the COM
pany has been in business for
some 80 years and that there
was never any incident like
this"
Evening star., 1961-07-13

But the senator VIII confer
today with his staff director
Chester Smith, to try to Sched-
ule the hearings, which may
run several days.
In the House, Representative
Davis, Democrat of Georgia,
said he hopes to wind up
hearings on both the presiden-
tial vote and District Juvenile
Court bills next week.
II seen no reason why an
elections bill cannot clear our
House committee and the
House floor this session." said
Mr.. Davis, chairman of the
subcommittee in charge.
| RumOrs Persist
The full House District Com
mittee Chairman Mcmillan
Democrat of South Carolina,
also has said he could see enc
trouble ahead" for the his
toric voting bill.
Despite these assurances
some rumors continue to per-
sist that the House will move
slowly. Mr.. Davis said there
is mo disposition on my part
to hold itup."
1t seemed likely, however
that slightly different versions
would emerge from separate
houses of Congress.
Senator Bible, acting for the
Kennedy administration, Is
anxious to expedite a vote or
a bill along the lines of the
Presidents recommendation. II
proposes 18-year-old voting
six-month residence require.
ments and re-registration be-
fore each election. The Ken
nedy bill would delegate broaC
Evening star., 1961-07-13
Duncan Sees
Smith Again
On Hearing

Commissioner-designate John
Duncan came to Capitol Hill
today for the second consecu-
tive morning conference with
Senate District Committee
Staff Director Chester Smith.
Preliminary to the commit
tee hearing on Mr.. Duncan's
presidential nomination to be
Commissioner, the men talked
freely and openly about ques-
tions which might arise.
Mr.. Duncan delivered a sum-
mary of his background and
financial holdings, both rou-
tine records gathered by Sen
ate committees considering
nominations.
In return, Mr.. Smith turned
over a confidential transcript
of q staff session yesterday
with Mr.. Duncan. Minutes OF
this meeting also are being
circulated to Senate District
Committee members today as
a basis for any examination
they might choose to make on
Mr.. Duncan at the hearing.
Both men declined to discuss
publicly details of their con-
versationS.
But they answered questions
about two past associations of
Mr.. Duncan called to the at
tention of staff members.
One, received in an anony-
nous letter, questioned Mr..
Duncan's connection with the
"Sea Gull Beach Recreation
Center, Inc, Prince Frederick,
Md"
Mr.. Duncan said he had
agreed with original develop
erS of a Maryland beach resort
to try to interest church groups,
leading citizens and dignitaries
in vacationing there. In return,
he was to receive one-third of
the profits. After one year of
operation, Mr. Duncan said,
there were no profits. Sponsors
decided to solicit business from
a broader clientle, according
to the nominee, and he severed
his connection with the group.
The other question, which
has reached the committee in
directly through press reports
concerned a disagreement be-
tween Mr.. Duncan and resi-
dents of Marshall Heights about
a redevelopment project ir
their area. He favored a kind Of
redevelopment opposed by the
Marshall HeighS Civic Associa-
tion.
Mr.. Smith said the commit.
tee had received no letters oi
opposition to Mr.. Duncan,
Evening star., 1961-07-13

MIR. DAVIES tells the story
that Edwin Booth, when he
completed Booths Theater
in New York City, was pre-
Sented with a stuffed pea
cock. Feeling he could not
decline the offering, he put
it on his desk, then rolled out
the chilling, "this place is
doomed"
A few years later, Booth
walked out of his theater,
bankrupt.
It's considered unlucky to
quote any lines from Mac
beth" off-Stage and this
stems from that crazy era Of
10th century theater when
Americans would pay good
money to see an English ac-
tor, then sit there and boo
him even before he opened
his mouth.
And at one such time at
the AStor Place Opera House,
May 10, 1849, as theater-
goers lined up to see the
reigning British Macbeth"
w. C. Macready, perform, an
argument began concerning
the relative merits of Mr..
Macready and the leading
American Macbeth" Edwin
Forrest.
The discussion grew into a
riot and 20 persons were
killed.
other bad luck omens -
often ScapegoatS when a play
flops are a yellow stage
curtain, putting on the left
stocking wrong side out,
whiStling in the dressing
room, buying your own make
up box, and the traditional
broken mirror. When Angus
tin DAILY opened the Fifth
Avenue Theater, a mirror
crashed to the floor and he
always used that as his ex-
cuSe for financial trouble.
But it is lucky to take the
same route to the theater
and to keep a healthy cat or
two around the place. On the
eve Of the premiere of
Strange Interlude," Eugene
O'Neill, informed his Siamese
cat. was sick, forbade the
Theater Guild to open the
show. Luckily for the Theater
Guild the cat was fed castor
oil, got better and the show
opened on time.
Evening star., 1961-07-13

walk-under-ladders cult that
congregate in show business,
according to superstitions
expert and Music Man"
press agent Harry Davies.
He ratified off a number of
these superStitionS yesterday.
One goes back to 1895 when
a little number called Gel
Captain" was sold out for its
Boston opening night. The
producers, looking at a cal
endar, saw it was Friday the
18th and refused to open.
Saying it wasn't a matter
OF money but principle, they
offered to stand the man.
ayers share of the loss if he
would let them out Of their
contract for the night.
The Rambler couldn't find
any Boston theater- -goerS,
circa 1895, but the rumor is
the show did not go on and
tickets were exchanged for
another opening night.
Despite that fat peacock
which introduces color Tv
shows, the strongest show
business superstition is any,
thing connected with a pea
cock is extremely bad luck.
Evening star., 1961-07-13
Election Board
Certifies Lane
In Alexandra
Thomson Petition
To Alter Returns
Is. Turned Down
By ALEX r.. PRESTON
Star Staff Writer

Alexandria's Board Of Elec-
tion Commissioners today GER
titled the four-vote victory Of
Denis K. Lane over James M.
Thomson for the latter's seat
in the House of Delegates in
Tuesdays Democratic primary.
The official vote stands at
4,478 to 4,474, which is one
vote higher for each candidate
than the unofficial returns.
The commissioners denied a
petition filed by Mr.. Thomson
claiming certain irregularities
and informalities" had occurred
at the city's polling booths. The
petition asked the commits
sioners to summon the judges
and clerks of election "for the
purpose of amending the re-
turns"
In its certification today,
which left unchanged the un-
official figures for Governor,
Lieutenant Governor, attorney
general and other city officials,
the board said it had found no
irregularities or no returns to
be amended that would affect
said nomination of any indi-
vidual :" namely, candidates
for the House of Delegates.
Ten Days to File
Mr.. Thomson has 10 days
from Tuesdays primary, or un-
til July 81, to file a petition in
court asking for a recount of
all ballots cast. When in
formed of the findings Of the
election commissioners today,
Mr.. Thomson said he had no
comment on any future move
he may make.
More nearly complete elec-
ton returns in the Statewide
races today showed that Al
bertis S. Harrison, jr., won the
Democratic nomination for
governor over A. E. S. Stephens
by about $4,000 votes.
With only 81 of the States
1861 precincts still out, the
Associated Press tally showed
Mr.. Harrison had 1876, ,624 votes,
while Mr.. Stephens had ISL ,812.
Conservatives Gain
Meanwhile, in Arlington,
conservatives gained two seats
on the Democratic Executive
Committee as lots were drawn
to resolve tie votes cast Tues
day.
Kenneth. w. Marcus, who
along with Charles Bryant
Wood, received 90 votes in Lee
precinct, was awarded one seat.
The other went to Alva Marie
Lee Of CORTLAND precinct.
Both she and Guy j. Lester
received 81 votes.
A third tie contest between
Lester r. Kidwell and Phyllis
S. Dell Aria, who received $50
votes each in Yorktown pre-
cinct, was to be decided this
afternoon. ..
The petition filed claimed
the irregularities and infor-
malities" involved the follow,
ing:
That certification by the pre-
cinct officials of the vote for
the House of Delegates is in
correct.
That certification Of the
number of persons voting is
incorrect in that it does not
agree with the number of valid
ballots delivered to the clerk
Of the court.
That the number Of ballots
not counted because void is
not correct.
Evening star., 1961-07-13
Hearings to Begin
On nD.C.VoteEow
Within NextWeek
Different Versions Expected
To Emerge From Two Houses
BY GRACE BASSETT
Star staff Writer

Hearings legislation to set up the first presidential
election in the Nations Capital today seemed likely to be
called within week in both the Senate House.
Senate District Committee Chairman Bible Democrat of
Nevada had hoped to start hearings the of this week
busy committee schedule force the opening be DELAYED
Evening star., 1961-07-13
The
Rambler
Hopes to
Break q Leg
BY MYRA MACPHERSON

A lot of people aren't going
to like today for the unfair
reason it was born July IS.
And although it's not a
Friday, the 18th, it's close
enough to upset the don't
George Kennedy is on vocation. He
will resume writing The RombIeF
when he returns.
Evening star., 1961-07-13
Awed by Buttons

That's really something. But
I don't want to push any of
Those buttons" Johnny told
The Petal paper. [volume] (Petal, Miss.) 1953-19??, 1961-04-20

sidiously powerful is govern
ment by intimidation" already
that the film has even been
high-pressured right into our
school system.
What we are actually under
going is a neo-mccarthyism in
some ways worse than the origi-
nal. Senator Mccarthy finally
revealed himself as so despica-
BILE and evil that he ultimately
destroyed himself and largely
brought his movement down
around him.
But now there is no central
VILLAIN" Chairman Walter of
HUAC is no man to be hated.
So the current movement Is
anonymous, hard to come to
grips with.
Yet what its climate has done
to Congress and the Supreme
Court in eroding away the Bill
of Rights shows how dangerous
it is. And, as Justice Black
wrote:
Liberty, to be secure for any,
must be secure for all-even for
the most miserable merchants
of hated and unpopular ideas"
All who hold to this basic
tenet of freedom must fight to
save it. The church outstand-
ingly is doing its part. Those
of us in the press and Of the
legal professionalism with ma