Genealogy Data Page 101 (Notes Pages)

Heffley Howard Eugene [Male] b. 1935 - d. 1998

Documents:
Marriage record, State of Ohio
Marriage record, Saints Peter and Paul Catholic Church, Ottawa, OH

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Ellerbrock Jean Ann* [Female] b. 2 MAY 1924 Ottawa, Putnam, OH

Documents:
Marriage record, State of Ohio

Allegedly helped her husband and another convict escape froma Detroit hospital, July 29, 1948. She was captured and held by the FBI.

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Bayken Julius Edmond [Male] b. 18 MAY 1914 Flint, Genessee, MI - d. 27 JULY 1970 Cleveland, Cuyahoga, OH

Court Document:
United States Court of Appeals Sixth Circuit
November 13, 1959
Julius BAYKEN v. UNITED STATES of America
No. 13727.
Robert C. McIntosh, Cincinnati, Ohio, representative for Julius Bayken.
Russell E. Ake, U. S. Atty., Cleveland, Ohio, by George W. Morrison, Asst. U. S. Atty., Cleveland, Ohio, for prosecuters.
Before McALLISTER, Chief Judge, and MILLER and WEICK, Circuit Judges
The above cause coming on to be heard upon the appeal of Julius Bayken from an order denying a motion to vacate sentence. Appellant contended that the District Court had not advised him of his constitutional rights, prior to his plea of guilty. His claim rested upon his testimony on the hearing of motion to vacate sentence. The District Court found the testimony unworthy of belief. The question of credibility is one for the determination of the trier of facts. The burden of proof was upon appellant. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. Rule 52(a) of Federal Rules of Civil Procedure, 28 U.S.C.A. A review of the record is convincing that the trial court's findings of fact were not erroneous. The order denying the motion to vacate sentence is affirmed.

Court Document:
United States Court of Appeals District of Columbia Circuit
Julius BAYKEN v. UNITED STATES BOARD OF PAROLE
No. 16969
Argued June 28, 1963. Decided July 25, 1963.
Mr. Justin R. Wolf, Washington, D. C., (appointed by this court) for appellant.
Before BAZELON, Chief Judge, and BASTIAN and McGOWAN, Circuit Judges.
Appellant was convicted in the Northern District of Ohio of the offense of armed robbery, and sentenced to twenty-five years in prison. He was released on parole on September 4, 1947. Thereafter he was convicted in a state court of Michigan of a criminal offense, and in April 1955, upon completion of the sentence there imposed, he was arrested as a parole violator and returned to the penitentiary to complete his original sentence. A hearing was held July 18, 1955, at which the conviction in Michigan was admitted by appellant, as well as other items of violation of parole. He was not advised of his right to have assistance of counsel at this proceeding, nor was he advised of his right to present voluntary witnesses; and he did not have counsel or witnesses present. On August 23, 1955, his parole was revoked. On May 9, 1961, he was offered a new hearing with the right to retain counsel. This he refused.
On May 22, 1961, the present action was filed for mandatory injunction for his release, in which proceeding appellant alleged invalidity of the parole revocation proceedings. In January 1962, he was again offered a hearing with counsel and the right to present witnesses. This, too, he refused. The District Court granted the Government's motion for summary judgment and this appeal followed.
We think this case is governed by Hyser v. Reed, No. 16716,1 115 U.S.App. D.C. 254, 318 F.2d 225, decided April 11, 1963, wherein, in cases similar to the present one, we affirmed the judgments appealed from
"without prejudice to the right of each such appellant to have upon request, the `opportunity to appear' before the Board pursuant to 18 U.S.C. � 4207. We note that the Board has already tendered such opportunity to each of these appellants. This opportunity to appear shall be for the limited purpose of presenting to the Board reasons why the parole violation charged should not operate as a basis for revoking parole."
Appellant's reliance on Glenn v. Reed, 110 U.S.App.D.C. 85, 289 F.2d 462 (1961), is misplaced. In that case the parolee denied the violation, claiming that "the Board issued its parole violator's warrant on the basis of a fabricated charge made by a `jealous woman' [who subsequently] withdrew her charge." We ordered appellant's release because of "these facts, together with the admittedly invalid hearing." Id. No such facts are alleged here.
The judgment appealed from is affirmed, without prejudice to the right of appellant to have, upon request, the opportunity to appear before the Parole Board pursuant to 18 U.S.C. � 4207. This opportunity to appear shall, as in Hyser v. Reed, be for the limited purpose of presenting to the Board reasons why the parole violation charged should not operate as a basis for revoking parole.
So ordered.

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Nowicki Stanley Sylvester [Male] b. 24 MAR 1923 South Bend, IN - d. 29 OCT 2012 Saline Memorial Hospice House, Bryant, Saline, AR

Documents:
1940 US Census, South Bend, INSylvester

Obituary:
Mr. Stanley Nowicki
March 24, 1923 - October 29, 2012
Stanley Nowicki, 89, of Benton passed away Monday, October 29, 2012 at Saline Memorial Hospital Hospice House. He was born March 24, 1923 in South Bend, IN to the late Lewis and Blanche Nowicki. Mr. Nowicki served in the US Army 254 Infantry during World War II. He had worked for Inland Steel in East Chicago, IN as a mechanical superintendant. He was also preceded in death by one son, Ken Nowick in 1977.
He was preceded in death by four brothers, Keith, Cashmir, Louie, and Alonso Nowicki, and a sister, Helen Gapinski.
Survivors include his wife, Jean Ellerbrock Nowicki of Benton and sons, Rod Nowicki of Los Angeles, CA and David Bayken of San Diego, CA. Two sisters, Jean Nowicki Swint, and Yolanda Nowicki Demski both of South Bend, Indiana.
Rosary service is 6:00 p.m., Wednesday, November 7, 2012 at Our Lady of Fatima Catholic Church.
A Mass of Remembrance will be held at 10:00 a.m., Thursday, November 8, 2012 at Our Lady of Fatima Catholic Church with Father Joseph Ejimofor officiating.
-Saline Courier, Novenber 7, 2012