BIGHT MEDFORD (OREGON) MAIL TRIBUNE
Tuesday, December 14, 1954
Legal Controversy
Seen by Ruling on
'Test Tube Babies'
Chicago (U.R) A tangled
legal controversy, perhaps in
volving thousands of children,
arose today in the wake of a
judge's ruling that many "test
tube babies" are illegitimate.
An appeal to the State Su
preme Court was planned and a
Chicago specialist called the rul
ing "very- unfair." Other spe
cialists asked for new laws to
clarify the status of artificial in
semination. Mother Seeks Divorce . . -
The ruling was made yester
day by Superior Court Judge
Gibson E. Gorman in the case of
a Chicago mother who seeks di
vorce and admits her child is the
production of artificial insemina
tion
Gorman said a "test tube
baby" is illegitimate if the donor
is any person other than the
mnthpr's husband. A wife who
submits to insemination from
such a third party is guilty of
adultery, Gorman said
Artificial insemination is non
adulterous and the "test tube
baby" is legitimate only if the
husband is the donor, the judge
ruled.
Gorman had been asked for a
ruling on the subject by Charles
C. Cooley, attorney for Mrs
Mary B. Doornbos, 36. She is
suing her husband, George, 48,
for divorce and demanded sole
custody of her 5-year-old son on
grounds that she is the sole legal
parent.
Coolev immediately an
nounced that he would appeal to
the Illinois Supreme Court. Gor
man commented he is more
anxious than anybody" for an
appeal.
Dr. Sol T. De Lee of Chicago
Lyine In Hospital called it "a
very unfair ruling, unjustifiable
and very narrow."
Considered Ethical
De Lee, who testified during
the hearings that he has per
formed 250 artificial insemina
tions, said the medical profession
considers the practice morally
and ethically sound.
Dr. Bayard Carter, president
of the American Academy of Ob
stetrics and Gynecology, and Dr.
Frederick H. Falls, president of
the American Committee on Ma
ternal Welfare, meanwhile issued
a joint statement asking for new
laws to clarify the situation.
Criminal Matters
Keep Police Busy
In City Yesterday
Medford city, police were in
vestigating several criminal mat
ters yesterday and today, includ
ing several larceny cases.
Eugene Barrie Dickerson, 273
Mace rd., reported that articles
valued at $115 were stolen from
his car while parked on Haven
st. last night, included were
items of clothing, kitchenware,
jewelry, toys ana a radio and
tube tester.
The Electronic Service com'
pany, 18 iviorth urape St., re
ported theft of a portable radio
valued at $34.95 from a display
counter yesterday.
Coach Fred Spiegelberg at
Medford High school told police
that there had "been two thefts
frcm wallets belonging to ath
letes in the school dressing
rooms. Eight dollars were taken
from Paul R. Eckel's wallet,
2409 Happy Valley dr., and a
wallet belonging to Alton Stone,
323 Newtown st., which con
tained $2, was missing. The
thefts occurred last week, police
said.
Maxine M. Reinschmidt of
Your Beauty shop, 221 North
Riverside ave., told city police
that she had been informed by
letter from the Acacia Distribut
ing company, Portland, that a
salesman who called on her
was not a member of their firm.
She has stopped payment on a
$4.90 check for an order of
1,250 match books after she be
came suspicious of the sales
man who wished the check made
out to him, personally and not
!- if - if s
POSSIBLE SUCCESSOR TO POPE Giovanni Cardinal
Montini (center), wearing bishop's mitre and holding
crosier, is shown in the presence of Cardinal Tisserent
(left) after being consecrated archbishop of Milan in a
. brief four-minute ceremony by Pope Pius XII at the Vatican
City. The still ailing pontiff performed the ceremony via
radio from his sickbed. Cardinal Montini is considered one
of the leading prospects to succeed the Pope.
Assault Complaint Filed in City Court
I Adequate Water
Available at Fire,
City Officers Say
In response to rumors con
cerning water availability at the
Pinnacle packing plant fire on
Friday, City Supt. Robert Duff
said today that there was "wa
ter in reserve" in the mains at
the fire location.
Duff said that some reports
indicated that there was not suf
ficient water at the fire. How
ever, a survey by Fire Chief
Gordon Barker and Robert Lee,
assistant water superintendent,
showed that 2,350 gallons a min
ute was the rate of water flow
at the fire, with additional ca
pacity not used, the city superin
tendent stated.
Barker reported that during
the course of the fire 14 differ
ent 2V-inch fire lines were
used in . attempting to control
the blaze. He also stated that the
pictured published in The Mail
Tribune the same day showing
the aerial ladder in action was
taken when only one 21-inch
line was charged on the ladder.
Seconds later another 2Vi-inch
line was charged, increasing the
water stream onto the fire from
the turret nozzle.
Fire Marshal Truman Nelson
and state ; police are continuing
an investigation of the cause of
the fire, which destroyed the of
fices and packing plant of the
firm at 445 South Fir st., Nel
son reported today.
An assault and battery com
plaint was filed today in city
police court against Otha Day
ton DePue, 48, of 1019 Murray
st., by Paul Delbert McCrea,
crew manager of a Terre Haute,
Ind., magazine firm, according
to city police.
DePue was released on his
own recognizance by City Judge
James Main. A hearing will be
set sometime in January, Main
the company, she said. The sales
man was described as between
60 ,and 70 years, 6 feet tall, 160
pounds, white hair and "false
teeth that clicked when he
talked.".
stated.
McCrae, a representative of
National Literary association,
circulation builders, appeared in
court and stated he wanted to
file a complaint against DePue.
Main said that no information
was available at this time, as to
the facts of the alleged alterca
tion, as no police investigation
had been made.
On Dec. 8, DePue requested
that a salesman for the firm re
turn $39 for magazine subscrip
tions that had been purchased
by his mother, according to po
lice records. A record of the re
fund was made in the presence
of police officers. .
Youth Denies Liquor
Guilt; Now in Jail
. A 17-year-old Medford youth
has pleaded innocent in district
court after being arraigned on a
charge of illegal possession of
alcoholic liquor, according to
court records. He was committed
to the county jail Snd bond was
set at $35.
. . The boy also pleaded guilty to
a reckless driving charge and
was fined $50 and was given a
30-day suspended jail sentence.
A temporary 10-day parole
issued to the youth on a six
months jail sentence for petty
larceny was revoked by District
Judge Rawles Moore. Prior to
that sentence the boy had been
sentenced to six 'months on a
similar charge, and all but 10
days of that sentence was sus
pended. Another youth, John Henry
Youngdahl Takes
Lattimore Case
Under Advisement
Washington (U.R) Federal
Judge Luther W. Youngdahl re
served judgment today on Owen
Lattimore's latest bid to throw
out the governemnt's main
charges against him, that he was
a follower and promoter of
Communism.
Lattimore's attorneys, Thur
man Arnold and Sen. Joseph C.
O'Mahoney (D-Wyo.), assailed
the government's two count per
jury indictment at a hearing
yesterday. They called it a
threat to freedom of speech and
a step toward totalitarianism.
Charges of Lying
Specifically, the government
charged . that Lattimore lied
when he told a Senate Internal
Security subcommittee in 1951
that he was not a promoter or
follower of the Communist line.
U.S. District Attorney Leo A.
Rover insisted that a jury
should be allowed to settle the
question. He said the govern
ment is not prosecuting Latti
more for his beliefs but because
he lied about them.
Lattimore's attorneys, howev
er, said that if the indictments
are left standing the jury would
have to determine a man's op
inion of his own opinions. They
charged that the indictments are
"outrageously vague and that
anyone who has ever expressed
views on foreign policy could
conceivably be brought to trial
under such a charge."
Taken Under Advisement
Youngdahl took the defense
motion for dismissal under ad
visement after listening to the
arguments 'on both sides. He
gave the government and Latti
more's attorney's 10 days to file
additional briefs. His ruling will
follow.
Lattimore, expert and author
on the Far East, is scheduled to
go on trial next month on five
minor perjury counts. But if
Youngdahl dismisses the gov
ernment's major indictments and
is later, upheld by higher courts
there is speculation the govern
ment might drop the case.
Stallsworth, 19, of 1032 Cherry
st., pleaded innocent to a charge
of illegal possession of liquor,
and was released from custody
after payment of $35 bond.
Police Hunt Owner
Of Shoe in Slaying
Of Arkansas Woman
Brinkley, Ark. Police
hunted today for the owner of a
shoe which was found two blocks
from the house where socialite
Mrs. Sut Fuller was beaten to
death with a stick of firewood.
They believed the person who
discarded the shoe was the in
truder who crept into the 25-year-old
matron's bedroom early
Sunday and, apparently when
she awoke and recognized him,
crushed her skull with the four
foot length of wood.
Eight Questionec
Eight persons were held for
questioning, but Police- Chief
Frank Henderson said no one had
been charged. Those held includ
ed a 29-year-old laborer with a
record of 13 years in prison for
burglary, a 30-year-old woman, a
16-year-old girl, and five Ne
groes. They were not identified.
Finding of the shoe confirmed
a report by two newspaper de
livery boys, brothers George, 12,
and Cyrus Totten, 11. They said
they saw a big man clad in a tan
overcoat running with one shoe
off in the vicinity of the Fuller
home about the time of the attack
early Sunday.
Henderson said he particular
ly wanted to find a bushy-haired
former mental patient, with a
record of killing a woman in
Illinois. He was known to have
been in Brinkley Saturday night.
' The chief said he found it hard
to believe that Mrs. Fuller's five-year-old
daughter, Mary Helen,
actually "saw the burglar hit
Mommy," as she related.
Henderson said he found it
strange the child hadn't raised
an alarm, if she saw the attack.
Mrs. Fuller's body was discov
ered by her husband, Milton, a
wealthy auto agency owner.
Fuller had been dozing on a liv
ing room sofa, 'after drinking
coffee at a downtown cafe with
some duck hunting friends. He
was awakened by a "thudding
noise.".
, Fuller said he went into the
bedroom to find his wife dying
on the floor, her skull crushed
with one blow of a four-foot
length of kindling, v
Police found some almost ob
scured footprints in the mud
outside the house. They, be
lieved the killer took off his
shoes to enter the house, and
killed Mrs. Fuller when she
awakened and perhaps recog
nized him.
About seven per cent of U. S.
farm households are headed by
women. I
Dead line for Sunday Classified Is
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