Indianapolis Times, Volume 46, Number 177, Indianapolis, Marion County, 4 December 1934 — Page 1

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WAR MAKERS BUSY IN 1908, MARGES Anticipated Clash, Formed European Sales Force, Is Accusation. TAX AFFIDAVIT IS CITED Colt Company Chief Denies Part in Pre-Conflict Activity. Bp United Press WASHINGTON. Dec. 4 American arms manufacturers anticipated the World War as early as 1908 and organized large sales forces in Europe to obtain orders. Senator Gerald P. Nye YR., N. D.) charged this afternoon at the Senate's sensational munitions inquiry. Senator Nye, chairman of the special Munitions Investigating Committee, read a statement filed with the United States Internal Revenue Bureau by Benedict W. Holden, attorney for the Colt Patent Firearms Cos., telling of preparations for a sales campaign abroad. ‘‘We knew a tremendous conflict was brewing." Mr. Holden wrote. An effort was made to determine whether Colts’ contracts with the United States Government for deliveries to the British navy were made before or after beginning of the World War in 1914. Memory Fails Witness Samuel M. Stone, president of the Colt company, said he did not know. Mr. Stone, grouped with Irenee du Pont and H. F. Beebe, the latter representing the Winchester Repeating Arms Cos., sat at the witness table and was questioned about his firms' anticipation of the World War Mr. Stone said he went to Europe in 1909. but insisted he took no part in creation of a Colt European sales organization. He testified it was his impression that “some automatic pistols” were sold to Russia before the war. but he was vague about other reported European pre-war business. Du Pont Denies Increase Senator Nve charged that American companies had knowledge of an “armament race" abroad several years before hostilities began, and that huge profits were anticipated from sale of rifles, pistols and other small arms. Mr. Stone ascribed his company’s greatlv increased business previous to the World War to replacement of revolvers by the automatic pistol. He refused under Chairman Nye's persistent questioning to agree that Colt's promotional efforts were to gain a part in an anticipated rush of business growing out of an armament race. Irenee Du Pont, Delaware powder merchant, interrupted to declare that the Du Pont Company felt no increased business prior to the war. "Asa matter of fact.” he said, “our business was almost dead before 1914. Quotes Stone Affidavit ‘ It's a peculiar human quirk that makes people think they are capable of anticipating events before they happen. I've had people tell me they knew the 1929 stock market crash was coming, but they certainly didn't act like it at the time.” ‘ Senator Nye introduced into evidence an affidavit made by Mr. Stone on Jan. 23, 1926, in connection with a tax case. In that document Mr. Stone described a trip to Europe in 1908 and said that he “knew then there would be a greatly increased market for our goods in the near future. Mind Remains Unchanged •There were indications” he said. “Europe was preparing for a great war." “Were you not preparing for five years or more for a market you felt very confident was going to exist?” Senator Nye asked after reading the affidavit. “I shall have to rest on the affidavit.” Mr. Stone replied. “Has anything happened to change your mind since then?” Mr. Stone hesitated. “I believe not.” he finally replied. TWO HURT AS TRAIN IS

WRECKED BY SNOWPILE Locomotive Strikes Drift. Turns Over. Injuring Crew. By United Press ST. PAUL. Dec. 4.—The engineer and fireman of an inbound Great Western passenger train from Chicago were injured seriously today when the locomotive struck a snow pile and overturned. One car of the eight-car train also overturned, but no passengers were injured. Frank La ska, St. Paul, engineer, suffered severe burns when he and E. A. Johnson, the fireman, were trapped in the locomotive cab. Both also were injured by coal cascading from the tender. Times Index Page Bridge 10 Broun 9 Comica 17 Crossword Puzzle 17 Curious World 17 Drawing Lesson 11 Editorial 8 Financial 16 Hickman-Theaters ; 6 Pegler 9 Radio 18 Sports 12-13 Btate News 4 Woman's Pages 10-11

The Indianapolis Times Fair tonight and tomorrow, not much change in temperature; lowest tonight about 25.

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VOLUME 46—NUMBER 177

‘SKIPPY’ IS DEAD

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“Skippy” Ralston

Death came to Benton Arthur Ralston, a curly-haired blond boy of 2, whom every one knew as “Skippy,” while he lay on a bed of pain in City Hospital early today. “Skippy” died of complications following illness caused by an ounce dose of oil of wintergreen.

WOMAN DIVES UNDER TRAIN Body of Victim Remains Unidentified; Suicide, Is Indication. The body of a woman, believed to be about 35 years old, who yesterday afternoon ended her life by leaping in front of the Big Four Railroad's Southeastern Limited as it thundered onto the Eagle Creek bridge remained unidentified in the City Morgue today, mangled beyond recognition. The woman, who was dressed in black, was seen by George Goodyear, 2804 N. Gala-st, fireman on the Limited, as she walked down the westbound track while the train roared eastward. When the train was 100 feet from her, she ran on to the eastbound track in front of the speeding locomotive. Police believed that she either jumped in front of the train with suicidal intent or that she became confused as the train approached and leaped accidentally to her death. The train, which came to a stop after the accident, was under the supervision of Jerry McCarty, 2435 N. New Jersey-st, conductor. Others in the train crew, besides Mr. Goodyear, were George Duane, Mattoon, 111., engineer, and D. J. Roberts, 1904 E. 21st-st. COL JOSEPH MARMON DIES AFTER ILLNESS Pauline Frederick’s Husband Had Distinguished Career. Bp United Press WASHINGTON, Dec. 4—Colonel Joseph A. Marmon, United States Army, husband of Pauline Frederick. stage and screen actress, diec’ today after a long illness. He was 59 Miss Frederick was with him at the time of his death. They were married lasi Tan. 21. Colonel Marmon had a long and distinguished military career. He served in the Span-ish-American and world Wars and the Mexican campaign in 1915. $35,000 JEWEL LOST Heiress to Dutch Crown Misses Diamond Bracelet. Bp United Press LONDON, Dec. 4.—Princess Juliana. heiress to the crown of the Netherlands, lost a $35,000 diamond bracelet when she was here to be a bridesmaid for Princess Marina at her wedding to the Duke of Kent, The Daily Telegraph said this afternoon.

3-Year-Old Boy Romps in Courtroom as Father Is Tried on Murder Count

This afternoon was to be another busy, exciting holiday for 3-year-old Cyril Elwood Jr. Not in a long time, possibly not since last Christmas eve. had little blond Cyril had so much excitement as yesterday, when he went to court for the first time. With him went his mother and his three brothers and sisters. His father was there too. sitting solemnly. Little Cyril reflected that his father was dressed as he had ctn Sundays—when he was home. The business of pumping gasoline and oil at the filling station at 58th-st and Tibbs-av would not permit Cyril Elmwood Sr.. 38. to wear his blue-serge suit every day. That was reserved for special occasions. At 4 yesterday little Cyril, whose eyes flashed eager excitement and; interest all day in Marion county criminal court, fell asleep on his father's lap. The State of Indiana continued to produce evidence intended to show that the'boy's father had shot and killed his friend. Joseph Calvert. The state asks that Cyril Elwood be sent to the electric chair. Little Cyril played with the heavy bocks on the counsel table yesterday while state witnesses told how Elwood had gone to the Silver Moon Case, Kentucky-av, where he had an argument with one of the proprietors. They told how a fight ensued and how Elwood hopped in his car. halfdrunk and full of rage, and went to his garage, where he seized his .22caliber rifle and returned to the case. As he drove past the tavern, these witnesses said, Elwood discharged

BOY, 2, DIES AFTER TAKING POISON DOSE ‘Skippy’ Ralston Is Victim of ‘Green Stuff in Little Bottle.’ COMPLICATIONS SET IN Beautiful Young Cousin of Child Grief-Stricken by Lad’s Death. Little Benton Arthur Ralston, whom every one knew as “Skippy,” liked the green stuff in the little bottle, and, because he liked it, “Skippy” Ralston died today in City Hospital, just 2 years old. The green stuff in the little bottle was oil of wintergreen. “Skippy” found it Friday noon after he had followed Miss Estel Tansel, 17, his cousin, up the stairs to the second floor of the Tansel home, 1414 N. King-av, where “Skippy” and his mother, Mrs. Hazel Ralston, a divorcee, lived. “Skippy” and Estel were inseparable companions, she said today, the tears streaming down her face in grief over the death of the chubby, blond, curly-haired youngster. Followed Girl Upstairs Friday noon the girl, a beautiful blond, went upstairs to one of the bedrooms in her home, unaware that “Skippy” was toddling up the stairs behind her. As she emerged from the bedroom, she saw “Skippy" reeling out of an adjacent bedroom. “What’s the matter ‘Skippy’?” she cried in alarm. “Do you feel sick?” For answer, the child led her into the bedroom from which he had just come and there showed sher a 2-ounce bottle of oil of wintergreen, almost half empty. He had obtained the bottle from a chiffonier in the bedroom. “Then, I realized what had happened,” said the girl, daughter of Mrs. Lydia Tansel. Complications Set In Dr. John T. Emhardt, 2957 S. East-st, was summoned. He treated the child and put him to bed. Until Saturday night, it looked as though medical science would overcome the shock that the fiery oil had brought to “Skippy’s” system. Then, complications set in and “Skippy” was taken to City Hospital. 1 At 1:45 this morning, “Skippy” died. City Hospital attaches said the cause probably was pneumonia. His little body was taken to the Roscoe Conkle Funeral Home, 1934 W. Michigan-st, where funeral services were to be arranged this afternoon. SLAYER INSANE, MAY ESCAPE PROSECUTION informal Opinion Is Given by State Alienist. Harvey S. Talbott, 46-year-old slayer of his sister-in-law. Mrs. Pauline Williams, probably will not be prosecuted for the slaying, as result of an informal opinion by an alienist that Talbott is legally insane. it was revealed this afternoon. Prosecutor Herbert Wilson said the sanity study was made for the state by Dr. Rogers Smith, who will appear before the Marion county grand jury within the next few days to make his report. The prosecutor said he wished to dispose of the case as quickly as possible. The condition of Talbott this afternoon was reported as still critical at City Hospital, where he lies with a self-inflicted bullet wound.

the rifle. The bullet whizzed through a screen door and struck Joseph Calvert in the neck. A doctor told how Mr. Calvert died a couple of hours later. As this was going on the four Elwood youngsters played quietly in the courtroom. Little Cyril returned to court this

Bo You Feel the Christmas Urge? Then Do Your Share in 1934’s Yuletide Holiday by Clothing a Child

ONE year ago Indianapolis and Marion County found their unemployed holding jobs for the first time under the Civil Works Administration. Relief rolls dropped. Money poured like grain into the shacks that slink apologetically on streets of the city where rags in windows brand “poverty” on homes. Today those jobs are good times of the past. They’re talked about, hoped for again, as girls with womanish faces and boys with man-eyes pin up clothing rents. Today those homes, even on work relief, have barely the sustenance to feed bodies and stave off the landlord. In homes where only grocery orders go, the bargain-goods counters of second-hand stores is the sole source of supply for clothing for a city's youth. North Side homes, who aided V*

INDIANAPOLIS, TUESDAY, DECEMBER 4, 1934

Soviets Toil to Pry Story . From Killer Place Hopes on Skill of Doctors to Save Life of Assassin. (Copyright. 1931, by United Press! LENINGRAD, Dec. 4.—A corps Os | leading physicians of Leningrad worked today at the hospital bed of Leonid Micoliev to save his life so that he might be forced to tell the full story of his assassination of Sergei Maronovitch Kirov, one of the supreme 10 of Soviet leaders. Wounded by a self-inflicted revolver shot, severely beaten by guards who arrested him after his assassination of Kirov, Micoliev was being saved so he could be executed. On his story the lives of many men depend. There was strong indication that Micoliev shot Kirov because of personal enmity. But that did not influence the government in beginning the most merciless drive against its enemies in years. This was the first major political assassination in Russia in 16 years and officials aimed to make it the last threat against a Soviet leader for years to come. Micoliev’s wife was arrested and sent to prison. Seventy-one persons were in cells here and at Moscow, alleged enemies of the state, and facing prison sentences or death by summary execution. F. D. Medved, chief of the Leningrad Bureau of the Ministry of Interior; his first assistant, F. T. Fomkin, and six other responsible cials were dismissed, arrested and ordered held for trial on charges that they failed properly to safeguard Kirov, the governent’s deputy in Leningrad and friend and coworker of Josef Stalin. REPEAL IN EFFECT ONE YEAR TOMORROW Value as Income Producer Proves Great. The first anniversary of repeal will be celebrated here, and all over the country, tomorrow. The results of the first year even now are being disputed by those who originally favored repeal and by those who fought it. But, one thing is certain. Repeal has been a great income producer. To Indiana alone, the return of high-powered beers and wines and of so-called hard liquor has meant an additional $5,019,517.24 in additional income, of which $3,023,190.42 has gone to the support of the school systems and $1,777,457 to local municipal corporations. Federal revenues have been swelled ii> similar fashion, as have incomes of farmers and of manufacturers supplying articles used in distilling, brewing and bottling.

TODAY’S WEATHER

Hourly Temperatures 6a. m 28 10 a. m 32 7a. m 28 11 a. m 32 Ba. m 28 12 (noon).. 35 9 a. m 30 1 p. m 36 Tomorrow’s sunrise, 6:52 a. m.; sunset, 4:20 p. m. In the Air Weather conditions at 9 a. m.: West wind, 28 miles an hour; barometric pressure, 30.20 at sea level; temperature, 30; general conditions, scattered clouds; ceiling, unlimited; visibility, two miles. Hoosier Killed by Falling Tree Bp United Press LA GRANGE. Ind., Dec. 4. Charles Blanchard, 54. La Grange County farmer, was crushed to death near here yesterday when a tree which he had helped to cut fell on him.

afternoon. He doesn't know what is going on, except that there are many people there. He knows they are talking about his dad. Meanwhile the trial jury drinks in the evidence, and Special Judge Andrew Jacobs wrinkles a learned brow preparing his instructions to the jury.

with hand-me-downs, are faced with their own economies and the purchase of new clothing for their children. • n u T>UT Christmas draws near and " Clothe-A-Child of The Indianapolis Times comes to you with a proposal and a way in which children in the home of the unemployed can be outfitted with warm garments for the New Year. Here's the way: You call The Times. RI. 5551. You ask for a boy or girl and tell the Clothe-A-Child editor the approximate age child you want. Then you go into that child’s home. You see for yourself his cr her need. Then you take that child to a store and dress him or her as to needs so that when you leave you know in your heart that your boy or girl will be warm, comfortable, and safe from exposure in the months to cqme.

GAS SUPPLY DWINDLING, AIRMEN ARE LOST OVER PACIFIC; APPEAL FRANTICALLY FOR RADIO BEARINGS

GAS DWINDLING, FLIERS LOST OVER PACIFIC

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With their radio reception apparatus apparently not working and with their gas reported almost gone, George M. Littlejohn (left) and Captain P. T. Ulm this afternoon were seeking their bearings desperately, somewhere near the Hawaaian Islands.

Love Dead, Former Swain Sues Girl to Return Gifts tt st non Replevin Action Seeks Recovery of Car and Canary From “Poor Kentucky Miss.”

Nothing was too good for the little girl. That was the attitude of William Schiel before, he claims in a suit in Municipal Judge Dan V. White’s court, he discovered Miss Mary Norris did not love him.

Mr. Schiel petitioned the court Miss Norris to return to him the $379.55 personal property he gave her when, according to his story, she said she was a “ ->oor, hard-working Kentucky girl,” who told him “God knows I love you.” Wants Everything Back Now he wants everything turnedYes, sir, everything from the 10cent cotton mop to a $4 canary and a $1 canary bird cage, to say nothing of the $175 Ford coupe, green window shades, feather pillows and five plates, five cups and five saucers for which he laid out 50 cents. According to the cold, legal phraseology that now has taken the place of endearing terms, Miss Norris said she would marry Wililam if he w'ould “buy household goods and place them in a house.” Termed ‘Wicked Adventuress’ “You get the furniture and an auto and I’ll be so happy,” William’s legal document alleges Miss Norris told him. The complaint laid before Judge White alleges that Miss Norris is not the “poor, hard-working Kentucky girl” Mr. Schiel says he thought she was, and to make his complaint doubly impressive Mr. Schiel’s attorney typed the word “NOT” in capital letters and called the defendant a “wicked adventuress.” The property, Mr. Schiel claims, now is at 611 E. New York-st. JOHN WHEELER DIES Drops Dead in Kitchen, His Wife Tells Police. John A. Wheeler. 1911 Ludlow-av, dropped dead in the kitchen of his home today, according to his wife, Mrs. Ella Wheeler, who notified police. He was 74. Deputy Coroner John E. Wyttenbach said that Mr. Wheeler had succumbed to heart disease and released the body to a local undertaking establishment.

BUT if you find your time limited, then Clothe-A-Child will do your shopping for you. Just mail a check, payable to The Indianaiolis Times Clothe-A-Child, and a boy or girl will be dressed for you, according to your wishes. You will receive the name and address of the child your money dresses. You are assured that your Christmas gift will not be duplicated by The Times and the Christmas Clearing House. You are assured th; child’s need by Community Fund relief agencies and the Social Service Department of the Indianapolis Public Schools. Each child is checked for want. And your own visit to the home is the final check which you make as to whether the child is deserving of aid. The children range in school ages from 5 to 12.

for a writ of replevin. He wants? GOLD SPELL BRINGS PERIOD OF SUNSHINE Weather to Continue Fair Tomorrow, Is Promise. Fair weather will prevail tonight and tomorrow, according to J. H. iirmington, local meteorologist, and there will be little if any change in temperature over last night’s drop. The storm which brought heavy rains to Indianapolis yesterday has passed on to northeastern Canada, Mr. Armington said, and now is over the St. Lawrence region. Conditions in the rear of the storm as far as Ohio have cleared to give way to sunshine and low temperature. Today’s temperatures should be about 8 to 10 degrees lower than they were yesterday, said Mr. Armington. MINTON LISTS $5053 AS ELECTION EXPENSES Senator-Elect Contributes $2675 Toward Own Campaign. Sherman Minton. Indiana's Democratic United States Senator-elect who defeated Republican Arthur R. Robinson in the Nov. 6 election, today filed his campaign expense account with the Senate secretary and the Floyd county Circuit Court clerk. According to the cumulative report, Mr. Minton received a total of $5943.63 and spent a total of $5053.14. Mr. Minton contributed SSOO to the Democratic State Committee, SIOO to the Delaware County Democratic Committee and $75 to the Allen County Democratic Committee, according to the report. A required report filed 20 days prior to election listed a S2OOO gift to the Democratic State Committee.

THE first list of donors to Clothe-A-Child will be printed in Thursday’s editions of The Times. If you desire to remain anonymous, The Times will list you as Mr. and Mrs. Santa or any pseudonym you select. Shopping time before Christmas is melting day by day. The need is as great in 1934 as in the most bottomless year of the de-pression-1932. Got a phone handy? Then call Ri. 5551. Ask for the Clothe-A-Child editor. He'll tell you how clubs, sororities, office forces, and factories, can band in individual Clothe-A-Child units to breathe again the spirit of Christmas in adolescent lives who know that spirit only by peering into windows of stores and eyeing affluent presents labeled "For Mom,” “For Dad.” “For Sonny,” and "For Sis.” v*

Entered as Second-Class Matter ** at Poatoffice, Indianapolia. Ind.

Ulm and Companions Call for ‘Beacon’ and Land Officials Fear Plane’s Signal Reception Is Not Working. COAST GUARD CUTTER PUTS TO SEA Fliers Mention Possibility of Sending SOS Cail in Their Message; Weather ‘Not Very Good,’ They Report. Bp United Press SAN FRANCISCO, Dec. 4.—Captain Charles Ulm and two flying companions apparently have lost their bearings somswheie near the Hawaiian Islands, Globe Wireless in San Francisco reported this afternoon, A radio communication from the plane, frantically calling for their “beacon,” a radio beacon to guide the course, was picked up by Globe. The fliers even talked of the possibility of an “SOS” call. “We have very little gas left,” said the message. The aviators gave no indication of their possible position, or the distance from Honolulu.

COMPROMISE ON HOUSINGJIRGED $1,000,000,000 Subsidy for Home Builders Favored by New-Dealers. Bp United Press WASHINGTON. Dec. 4.—Congressional appropriation of $1,000,000,000 to stimulate a $5,000,000,000 home construction boom was under discussion by left wing New Dealers this afternoon as a compromise in the Administration housing dispute. Administration advisers who believe the Federal Housing Administration will be unable to entice private capital into home construction without further inducements, conceived the project. The $1,000,0000,000 from the Treasury practically would be a gift to home builders or home repairers who would enjoy a 20 per cent subsidy from the fund, under one of the discussed plans. Banks would provide 64 per cent of the remaining capital through loans guaranteed by FHA. The home builders would provide the remaining 16 per cent. This plan is similar to the home construction program of the FHA except in provision for a subsidy. It represents an effort to discover a compromise between the FHA program for use of private capital in home construction and the desire of Harold L. Ickes, Secretary of Interior, for large direct Federal building expenditures.

IRKED BY WHISKY AD, CULBERTSON SUES FOR $300,000

By United Pres * NEW YORK, Dec. 4.—Ely Culbertson, bridge authority, values the use of his name in a liquor advertisement at $300,000 "because he is a person of temperate habits and because of his personal beliefs.” He has filed a damage action in the New York Supreme Court against the American agents for Cutty Sark whisky, asking $150,000 for libel and $150,000 for use of Mr. Culbertson’s name in an ad, which was quoted as follows: “Yoo! Hoo! Mr. Culbertson! Foul play at the English-Amer-ican bridge matches. It seems that some anonymous wolf in butler's clothing set an elabArp„e buffet, containing Cutty Sark whisky, in plain view of the American team. Naturally, American play was so hurried and harried by thoughts of Cutty Sark to come, that they nearly dropped the match!” This ad, Mr. Culbertson charged, gave the impression he preferred to indulge in the cor. sumption thereof in preference to properly and carefully attending to the correct play of the game, and in the play of which the plaintiff is an international champion and authority.” LOOT VALUED AT $435 L. S. Ayres & Cos. Inventories Goods in Truck Robbery. Merchandise stolen from a L. S. Ayres & Cos. truck Saturday was valued at $435, company officials reported to police today. The looted truck was found abandoned Sunday afternoon, but the loss was not determined until today. Included in the merchandise in the truck, stolen w’hile the driver was in a house making a delivery was a S3OO fur coat. Briefs Ordered in Stutz Case Federal Judge Robert C. Baltzell today ordered briefs filed in the case of the Stutz Motor Car Company of America vs. the United States in which the company seeks judgment for SIOI,OOO representing, alleged evor-payment cf 1917 income taxes.

HOME EDITION PRICE TWO CENTS Outside Marion County. 3 Cents

Globe Wireless was inclined to regard the situation as serious, pointing out that the “beacon” for which the fliers called, has been operating continuously. It was thought the plane’s radio reception was not working. The radio message said: “We have little gasoline left and need the beacon urgently. We do not want to have to give out an SOS Please tell them to snap it up.” A later message from the plane said the weather “was not very good.” Shore radio stations kept in touch with the huge two-motored plane in which Capt. Ulm, G. M. Littlejohn and J. A. Skilling are seeking to span 2089 miles of ocean from Oakland to Honolulu. “We do not know if we are north or south of the islands,” said one message from the Stella Australis. Cutter Puts to Sea From Honolulu, the United States Coast Guard cutter Itasca was ordered to sea to search for the fliers. At 12:15 p. m. (Indianapolis time) the fliers reported they had one hour’s supply of gasoline left in their tanks. At the rate of speed the plane was flying during the night it should have reached Honolulu around 11:30 a. m„ it was estimated. In view of that, the possibility that after losing the radio beacon Ulm had overshot the islands and might be to the west of Hawaii became a factor, Powerful twin Lynx moto 1 3 powered the British-made monoplane in which Captain Ulm and two companions left the Oakland airport at 5:43 p. m. yesterday. George Jjttlejohn was at the controls whe.i th? plane lifted into the air and Leon Skilling sat in front of the elaborate radio sending and receiving set, through which the fliers kept in touch with ship and shore stations. As the three men climbed into the cabin of their small plane, someone cried, “Remember me to the girls at Waikiki," Captain Ulm smiled and turned to wave. Gives Craft the “Gun” Littlejohn gave the craft the “gun,” and it taxied down the runway. It lifted only 15 feet and he turned for a fresh start. This time the powerful motors carried the ship into the air toward the east. The fliers made provisions for a forced landing, although Captain Ulm was confident “we won’t get our feet wet.” They had no life raft, but the plane itself will float for days. They carried an apparatus used for distilling sea water. For food they had a dozen chicken sandwiches, a dozen ham sandwiches, six oranges and two quarts of hot coffee. GLORIA VANDERBILT DECISION IS UPHELD Mother Loses First Appeal in Fight to Regain Child. By United Pres NEW YORK, Dec. 4.—Mrs Gloria Morgan Vanderbilt this afternoon lost the first phase of her fight to alter the Supreme Court decision under which custody of her 10-year-old heiress-daughter, Gloria was awarded week days to the child’s aunt, Mrs. Harry Payne Whitney. The appellate division in a unanimous decision held that the custody order, signed by Supreme Court Justice John F. Carew after lengthy hearing, “was a final order." It was understood, however, that the decision left the way open for an appeal to the court of appeals. TWO KILLED IN WRECK Three Injured, Three Missing in Freight Train ColUsi in. By United Prrti NEW YORK, Dec. 4 —Two persons were reported killed, three injured and three others missing today in a freight train collision on the Long Island Railroad In Brooklyn. One of the dead was believed a helper on one of the trains; the other a r timber of the work crew.