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News and Tribune, The (Newspaper) - August 13, 1933, Jefferson City, Missouri NEWS AND TRIBUNE SECTION ONE 16 PAGES A SUNDAY COMBINATION OF THE MORNING CAPITAL NEWS AND EVENING POSTTRIBUNE VOLUME 3 NUMBER 19 JEFFERSON CITY MISSOURI SUNDAY AUGUST 13 1933 PRICE 02c f AIL DENIED MCMAHONBY JUDGE SEVIER Attorneys Announce They WiD Appeal to Supreme Court in Effort to Re lease Alleged Killer Edward McMahon accused of the murder of Tex Harger was denied bail by Judge Nike G Sevier in Circuit Court yesterday SKUNK MOVES IN FAMILY MOVES OUT BANNING Calif Aug the heat wave has caused the J O Clark family to vacate its Theodore street home If it hadnt been for the heat Clark said the Clarks wouldnt have slept with the doors open last night If the doors hadnt been open a skunk would have remained outdoors where he belonged At least he would not have been slain in the family bedroom by the Clark dog at 3 a m Today the Clarks were living out of doors FATS AND LEANS TO PLAY AUG 29 Defense attorneys announced they would appeal to the Supreme Court to secure his release application for a writ of corpus through which At torneys Lauf and Irwin hoped to win at least temporary freedom Annual Game Sponsored by for the accused was dismissed by Judge Sevier after a hearing of j more than an hour The defense maintained the state had failed to show premeditation K C SHERIFF PRAISED FOR KILLING TWO Dead Shot Peace Officer Slays Hoodlums While WIFE OF SCHOOL PRINCIPAL HERE KILLED IN CRASH Many Other Fatal Accidents Occur Over State on Saturday Mrs Roy Ferguson of Burlington j 1 Junction Mo about 25 years of Returning From Party jage and wife the pnncipai of the With Wife and deliberation at the preliminary hearing at which McMahon was held on a charge of first degree murder Both Lauf and Irwin said that in the absence of some proof of deliberation the crime was noth ing more than murder in the second degree which is a bailable offense Lauf called attention to the fact that a pair of knucks and a gun had been found on the body of the deceased indicating they might rely upon selfdefense when the case is finally called for trial I dont T B Society Already Tak ing Shape The sixth annual base ball game between the Fats and Leans sponsored by the Cole County Tu berculosis Society will be held Tuesday night August 29 As in previous years well known business men have been selected for the teams according to their respective weights Announcement of the line ups will be made later The work of the Society is sup ported only by the sale of Christ mas Seals and by the annual ball game We need the financial support ol believe the evidence indicates anyjefferson City and Cole county to thing Lauf said but the state certainly has not shown that a deliberate murder was committed He said in the ten years he had practiced here no one had been denied bail and then cited a num ber of murder cases in which bail was granted Says Bail Is Necessary Attorney Irwin at the outset of r hearing read the testimony of E Mansur who performed an autopsy and of Jack Oliver who was sitting on the stoop in front of the DickC pool hall with Harger when he was slain It would not be necessary to require abail at all Irwin ssid McMahon would come to court voluntarily even if he thought they were going to hang him He is that kind of a man While both Irwin and Lauf cited several supreme court decisions to prove their contention that the offense is bailable Prosecuting Attorney Dampf relied upon only carry on the activities of the so ciety says Mr Leonard E Fisch er chairman of the Cole County Tu berculosis Society Milk is being supplied daily to families with a definite history of tuberculosis anc undernourishment or to T B con tact cases at the rate of a month Physician car and nursing care are afforded to both activ cases and contact cases of tubercu losis therefore we must support of the community in order to carry on the protective and pre ventive activities of the Tubercu losis KANSAS CITY Aug A sheriff who carries his riot gun to lawn parties chanced upon a gang murder today in time to visit swift death on two of the execu tioners and capture a third member of their group The victim of the underworld death sentence slain as the sharp hooting sheriff Thomas B Bash vent into action with his slugladen weapon was Ferris J Anthon a ugitive from a Chicago indictment naming him as a member of a iquor syndicate The men who died in the assas sins automobile from which burst he bullets that killed Anthon were Sam Scola and Gus Fasone They had been identified as operators of night clubs here and as henchmen of John Lazia northside political leader under indictment for income tax evasion A ballistics expert who examined the bullet that killed Anthon said it was fired from a 45 caliber auto matic pistol That also was the description of gun dropped Charles Gargotta captured by Bash when the gunman pleaded for his life after emptying his weapon at the battling sheriff A companion of Gargotta escaped No gangster from now on will walk the streets of this city or drive its streets in highpowered cars without molestation from my men Sheriff Bash said The sheriff added that he had ob tained fingerprints to aid in the search for the fourth member of the killers party T A J Mastin prosecutor said he probably would file a first degree murder charge against Gargotta in West End Ward School here was nstantly killed yesterday afternoon n an automobile collision on High ay 113 a half mile west of Mait and Mo according to word re ceived here by friends A brotherinlaw Ray Ferguson vas seriously injured and Is not expected to live Her husband Roy Ferguson escaped with minor in uries The Ferguson car collided on a urve with an automobile driven jy Leonard Gallagher of near Maitland Gallagher his wife and heir baby and Bob Dean of Gra ham suffered minor injuries CODES STILL PERPLEXING NPA LEADERS Over 2000800 Idle Work ers Now Included Under Blue Eagle But Problems Are Far From Settled TERROR REIGNS AS CUBAN GOVT EALLS 21 KILLED 200 SHOT WASHINGTON Aug A multitude of additional workers were swept today within the em brace ol the NRAs blue eagle but the problem or fastening codes of fair competition upon the nations major industries still hung perplex ingly over the national recovery program For five important Industries Hugh S Johnson administrator signed into effectiveness a modified presidential reemployment agree ment fixing wages and hours which Mrs Ferguson was the daughter j employers may adopt to obtain the of Mr and Mrs Ernest Boyer of blue eagle pending completion of O TnnnnV tiflisl St Joseph Mo The Fergusons came to Jefferson City a year ago and he served as principal and instructor in the sixth grade at the West End School during the last term He has been reelected to the position for the next term beginning in September They resided at 213 Fulkerson Street while living here MARSHALL Mo Aug Nina Rouber 25 of Hamil ton Mo was killed and four other ersons riding with her were in ured when the car she was driving rashed through a guard rail on he approach to a bride over Black vater creek nine miles south of iere today John Punteney of Marshall suf ered a broken back Juanita Brumley Robert Webb and Port vood Bell also of Marshall were ut and bruised 4 TO 1 MAJORITY FOR REPEAL IS PREDICTED ST LOUIS Aug eph T Davis chairman of the United Repeal Council of Missouri one decision written by the late tonight predicted that the vote cast Anthons death The staccato bark of firearms Judge R F Walker The state Dampf said has presented sufficient evidence to sup port the charge of murder in the first degree The offense has fail ed to disprove that charge It has not presented a witness He then proceeded to read from Judge Walkers decision There was no sign of provocation or self defense or that McMahon killed in the heat of passion the prosecutor continu ed The deceased never got to his feet but was shot down in cold The prosecutor handled the himself and was without an f in the states repeal election next Saturday would not exceed 450000 He said he and outstate leaders based this number on a 40 per cent ratio complied on the offyear elec tion vote of November 1930 The organizations chairman is of the opinion if the wets are not too optimistic and fail to go to the polls that Missouri will give at least a 4 to 1 majority for repeal At least 100 of the 114 counties will be in the repeal column he thinks My informants in some of the state senatorial districts he said differ as to the results in certain counties in the Ozarks and north assistant Judge Sevier gave his decision without a moments hesitation after both sides had indicated they hadjwest Missouri but conservatively I JJQ not believe more than eleven counties will disapprove of repeal In this locality the vote will be very light and the United Repea Council will endeavor to change tin sentiment against repeal finished Mrs McMahon Present Among the spectators was Mrs McMahon She sat with the audi ence well toward the rear of the courtroom Sheriff Snorgrass says McMahon is ill He said he was suffering from the effects of an old operation and that a doctor had been sum moned several times since his in carceration He has never mads a statement concerning the shoot ing and has referred inquirers to his attorney JUDGEMENT REVERSED The State Supreme Court Satur day reversed and remanded to th St Louis City Circuit Court its de cision giving Theodore Wall a I permanent codes These were designed to increase the nations purchasing power by millions of dollars and put thou sands of workers back on jobs through their provisions for maxi mum hour regulation and minimum wages They affected the electric light and power gas natural and manufactured telephone canning and construction industries In addition temporary wage and hour agreements were promulgated for employers in the paper and pulp fruit and flavoring syrups garter Acts of Violence by Angry Cuban Mobs Described by Newspaper Reporter PALACE IsllANSACKED FROM TOP TO BOTTOM Killings Follow in Rapid j Succession After Presi dent Quits Office By TED H GIIL HAVANA Aug at the presidential palace today amid scenes unequalled in Cubas history this correspondent saw the first acts of violence by angry mobs The crowd yelling and cheering ransacked the historic building from top to bottom Furniture prized by President Machado and his prede cessors was unceremoniously carried to the streets until soldiers and sail ors arrived to clear the palace and restore order The temper of the mob suddenly changed from anger to hilaritj when several of the looters carried out a squealing pis which they found in a crate in the building 000 judgment against the Philip A Rohan Boat Boiler and Tank I Company for injuries he allegedly along Armour Boulevard in the midtown apartment hotel district and the screams of a terror stricken woman arrested the attention oJ Sheriff Bash as he was returning with Mrs Bash 14yearold Melva Taylor and a deputy Lawrence Hodges from a lawn party USDS Riot Gun Stopping his automobile not fa from that of the assassins Basl seized his riot gun and dismounter to investigate He was immediatel forced into the fight by an attacl upon him from the killers car To keep the killers from escaping he deputy swung the automobile containing Mrs Bash and the 14 yearold child into the path of heir departing car Meanwhile the sheriff blazed away with his riot gun The gunmens car its driver dying crashed into the sheriffs blocking automobile I noticed Gargotta crossing the street toward me and shooting as he came the sheriff said in de scribing the brief but sanguinary battle I pulled down on him but didnt shoot Dont shoot me dont shoot me he sobbed dropping a revolver at his feet As Gargotta was taken to jail another fully loaded revolv er was found in his pocket One explanation of the fatal at tack on Anthon offered by police was that a northside gang feared he might be the means througl his Chicago connections of import ing gunmen to resist large vice pay ments which have been exacted from rival racketeers in other sec ROLLA Mo Aug hris Barton 50 years old was run over and killed by a truck this morning at Edgar Springs Mo outh of Rolla Barton was going to a stave mill near Edgar Springs to work and attempted to board the truck while in motion He was hrown beneath its wheel when his foot slipped CUBAN CHANGE IS ROOSEVELT VICTORY WASHINGTON Aug Roosevelt returned to Washington tonight full ol confidence that Cuba is progress ing toward stability but deter mined to search out all possible ways of relieving the island re publics economic distress Some observers in the capital tonight were quick to term the change in government on the island a victory for Roosevelt diplomacy as the administra tions official representative on Ihe scene Ambassador Stunner Wells had presented the request of island factions that President Gerardo Machado withdraw Machado Escapes Wrath of Populace by Fleeing in Plane an Exile SHY SCHOLAR PICKED TO RULE THE ISLAND Manuel de Cespedes Made President Machado Sup porters Go Into Hiding OFFICIAL FLEES TO U S BY AIR ESCAPES DEATH suspender and belt and marking device industries In all more than 2000000 work ers were affected NBA estimated Big Industries Still Out Carrying above the 70 mark the number of industries for which tem porary wage and hour provisions have been addition to the sixpsrmanent cam paign stillleft untouched the steel oil lumber automobile coal and other basic industries employing Continued on Page 2 MEXICO Mo Aug Mrs Ruth Turley of Clayton Mo was killed instantly today when her automobile overturned 6 miles west of here on Highway No 22 Her Continued on Page 2 AN AGED NATIVE RESIDENT IS DEAD Mrs Mary Barnhart Was Born in Cole County in 1845 ST LOUIS LISTENS TO JOHNSON TODAY Irowd of 30000 Expected to Hear NRA Chief at Auditorium MRS ROSE FOSTER 39 DIES IN ST LOUIS Mrs Rose Foster 39 daughter of A C Miles of 116 E Elm Street received when concern employed by the tions of the city Anthon was ar rested dozens of times in Kansa City Kas for liquor activities anc Continued on Page 2 ST LOUIS Aug nan thirty thousand persons are ixpected to attend the outdoor mass meeting here tomorrow after noon to hear Gen Hugh Johnson National Recovery Administrator officially open the campaign in this area to restore nationalwide pros perity Arriving here from Washington by plane Johnson is scheduled to speak in the Municipal Auditoritm in Forest Park at p m Hi will fly back to Washington immc diately after his address Mayor Bernard F Dickmann will introduce General Johnson and the orchestra and singers of the famed Municipal Opera will open the pro Mrs Mary Hoskins Barnhart 83 a native of Cole county died Sat urday morning at oclock at Machado Machado they I shouted hoisting the pig high in the air and slamming It down on the pavement killing it Thunderous cheers filled the streets Finally driven back by the sol diers the mob remained orderly for while and then rushed into thft beautiful palace garden and stripped it of all its flowers plants and shrubs They wanted souvenirs Mob CreatesDin Dashing across the street to American Embassy building I sought to telephone the news to our cen tral oficc but found the communi cation service disrupted Outside demonstrators were yelling wildly Presently someone shouted a sug gestion that the mob march to the headquarters of the secret police and clean them out Hoisting the leaders to their shoulders part ol the demonstrators started off to ward the headquarters The re mainder proceeded in another direc tion I followed the second group but before I proceeded far we ran into a gun battle between soldiers and a porrista as they say in Spanish Fallen Secretary of Stale Fcr rara and Wife Reach Miami Safely MIAMI Fla Aug Orestes Ferrara secretary of state of the fallen Machado government HAVANA Aug dert Gerado Machado center of Cubas political tornado was swept from office today by a revolt of the army and with the crash of his re gime a yelling singing mob sacked the presidential palace and slew five members of the hated secret police Manuel dc Cespedcs shy and scholarly diplomat whose lather was Cubas first revolutionary president wns chosen to succeed Machado Casb out by his countrymen Ma chado fled into exile late today aboard an airplane bound for Nas sau in the Bahamas In addition to the five reported killed earlier today sixteen other bodies of victim of the mobs vio lence were counted tonight and the wounded were estimated nt mora than 200 The embattled Machado finally the home of her daughter Mrs Bettie Burd who lives 10 miles south of Meta She was born February 9 1845 in this county where the town of Henley now stands In 1866 she was united in marriage to Thomas B Hrskins and to this union 13 children 10 sons and three daugh ters were born Her first husband preceded her in death May 241894 and afterwards she was remarried to the late Conrad Barnhart who died in February 1916 She is survived by one brother P D Smith of Russellville seven sons three daughters two step children 51 grandchildren and 58 great grandchildren Funeral services will be held Monday afternoon It was not much of a fight for the soldiers quickly riddled the jangster with high powered rifle aullets and left him lying in the street Immediately several of the mob flew here late today from Havana He was lired upon when he left his native capital and booed when he arrived here He was to leave to night for New York The former secretary said that Macrudo had not been desisted by tho Cutan army but thatoffers learning he would mat ters into their own hands I leave criticism of Welles policy to history Ferrara said The Cuban and his wifeescapcd Cuba in a shower of Their lane was hit several times A mob seized their baggage as they pre pared to leave Their the couple Into the ship and took off like a shot When they arrived here a crowd Cubans hissed Ferrara One man challenged him to a duel The Cu ban stepped forward quickly to an swer the insult but police inter fered Ferrara has fought 11 duels The former secretary told a story of riot and danger which he en countered in obtaining and deliver ing the papers making the change of government in Cuba today This morning I visited the pal ace he said arranging the ncces defcated when his compact well discipllnert little army rebelled against him and gave up the fight at 10 oclock this morning and scnfc to congress a request for leave of absence tile main feature of the uve sponrod by United diatioh gram with a musical concert The theater seats 10000 DEATH SENTENCE OF NEGRO IS CONFIRMED The Missouri Supreme Court Sat urday affirmed the death sentence and of Amos Carroll St Louis negro Jurys Misconduct Is Flayed i St Louis after an illness months was born and reared in this city her maiden name being Rose j Miles j Five children Charles Mildred Floyd Harold and Rose Marie j survive along with her father one brother Roy Miles of St Louis and a sister Mrs W H Ellis of Jeffer son City The body was brought back here last night and funeral services will be held Monday afternoon Court Remands Murder Verdict Twice WEATHER Generally fair Sunday and Monday except possibly scal teretl thundeshowcrs Monday iu in extreme south portion Sunday not so warm Sunday in castcentral portion somewhat warmer Monday Because of the alleged mis conduct of a jury which heard the second trial of John R Ma lone for the slaying of Arthur Marshall at Sikeston the night of Sept 25 1929 the Missouri Supreme Court Saturday re versed his 20year sentence and remanded the case for a third trial It was the second time the court has reversed Malones conviction for the slaying His first sentence of 10 years in the Scott county circuit court was reversed by the court because of trial errors The second trial was held In the Mississippi county circuit court evidence at the second trial was substantially the same as at the first The defendant claimed selfdefense Members of the jury should not have been permitted to use the telephone as was done in at least one instance Com missioner James A Cooley said in the opinion reversing the judgment of the lower court We need not determine whether the telephone conver sation shown would necessitate reversal of the judgment be cause in our opinion the judg ment must be reversed because of the occurrences in the jury room Commissioner Cooley ruled Testimony of several of the jurors revealed that while the jury was considering the case one of them told members at the first trial the defendant had been convicted and given 20 years and that Malone had been in trouble several times before Continued on 9 there is standing room for about 5000 in the pergodas at the rear Amplifiers installed at the sides and at the rear of the stage will enable 15000 more to hear the pro gram NARCOTIC SUSPECT RELEASED ON BOND and set Friday Sept 22 as the date of his execution Carroll was convicted in the St Louis City circuit court of killing Roy Clark negro May 12 1930 The opinion in the case was writ ten by Judge George R Ellison presiding judge of Division No 2 and concurred in by the other members of the division Roy Nelson charged with pos session of narcotics was released on bond Saturday pending his trial October 16 in Federal Court here U S Commissioner Peters set Nelsons bond at The de fendant arrested at Columbia and brought here made the bond and was given his freedom until such time as he musst apear in court Nelson waived his preliminary hearing Nelson Is charged specifically with possession of 30 grains of morphine PIGEON HITCH HIKES CINCINNATI Aug C H Reiff reported a carrier pigeon perched itself in his automobile rode home with him accepted food and then started off again PETER JUNCK DIES IN TAOSCOMMUN1TY Peter Junck 73 a native resident of the Taos community died short ly after noon yesterday at the home place near Taos where he was born He had been 111 a month of heart disease Junck never married and had re sided on the old family place near Taos all his life Six nieces Mrs W A Dulle Mrs S Kohlman Mrs Frank Rolling Mrs Gerhart Iven all of Jefferson City Mrs Florence Bergman of the state of Nebraska and Mrs Lena Schwartz of Vienna Mo and three nephews B H Louis and John B Dulle all of Jefferson City survive Funeral services will be held Monday morning at Taos sary papers for the change of gov ernment I noticed that a stale of intense fear gripped the employes and servants When the news became known that the president had abdicated the servants quit their work and ran madly about the palace smash ing furniture and other movable oods 1 was talking with an undersec retary In the entrance of a hallway A servant opened the front door Immediately tlicre were shots from the streets a bullet striking the servant in the chest and killing him Other bullets hit around Ferrara and the undersecretary but neither was hnrmetl From the palace Ferrara said he drove through the streets taking the papers to Ambassador Welles The latter at that time offered Fer rara a refuge in the United States he said as did the Spanish ambas sador in Spain and representatives of other countries Ferrara then went lo the house of Continued on Page City Aids Baseball Sport Business Men to Help Pull Hubs Out of Red lifted the soldiers aloft and carried them through the streets Crowds on the sidewalks cheered Some of those who remained by the body dipped their handkerchiefs in the slain mans blood and waved them in the air amid resounding shouts A block farther down the street I was caught in the gunfire of an other fusillade fired by soldiers at another gangster Bullets whiiwcd by my cars as I ducked behind a post Fugitive Gels Away Eight or ten shots were fired at the fleeing man but he escaped He was one of the few sought by the troops who got away The morgues tonight held the others From then on throughout the day one killing followed another in rap id succession I personally counted eleven dead The wounded num bered into the scores One of the most brutal killings saw was when the mob caught anc beat to death a policeman accused of recently having slain several op positionists States Ambassador Sumner Welles upon UIG authority of President Roosevelt and approved by govern ment and opposition political groups in the island of accomplished Machado accepted the resignations of all members of his cabinet ex cept Secretary of War Alberto Her rera who as the only remaining nember of the government appoint ed Cespedes secretary of state and then quit his own office A Well Known Diplomat Cespedes former minister to Washington and holder of other Im portant diplomatic posts began to construct his cabinet from members of all political factions with a view to establishing a strong and stable government Scenes of wildest disorder eclip sing even those staged when Cuba gained its independence in IflOl were witnessed in the streets of Havana today as a frenzied populace cele brated the overthrow of the gov ernment which has reigned since 1925 Riotous demonstrations took place throughout the city as thousands of enthusiastic supporters of the mil itary coup detat armed with sticks and clubs swarmed through the streets attacking the presidential palace and other buildings owned ty adherents of the deposed chief ex ecutive The army leaders who yesterday seized the harbor fortresses and other points of advantage without firing a shot approved the choice of Cespedes and gave permission for General Hcrrera to remain as sec retary of war until the scheme of Continued on Page 2 The Jefferson City baseball team is bogged down in the well known financial mire and its going to take something besides kind words and sympathy to pull it out and start it down the high road to solvency The players know it and have agreed to donate their services next Tuesday and next Friday The power for the lights is to be donated In fact everything that goes to make up the game from the Jefferson City side of the argument is to be given in an effort to take the team out of the red The visiting clubs alone will share in the gate re ceipts to the extent of their ex pense money Some of the leading business men of the city are aiding in putting over the two benefit games Jefferson City has a good baseball team It is one of the few cities of its size in the country where night baseball s possible and we ouglit to sup port it so spoke one business man with a dozen others ap proving the sentiment and promising help The team has encountered tough sledding throughout the year Only the same crowd of faithful fans trek out there for every game and cheer the team to victory They are so few that at the end of each game the management finds itself about on the wrong side oi the ledger The management has been prudent in the manage ment of its finances Most of the players receive compensa Continued on Page DALLMEYER OLDEST FAIR BOARD MEMBER W A Dallmeycr president of the Exchange National Bank attended he opening of the State Fair yes erdayMr Dallmeyer is the oldest icmber of the fair board in point f service He was appointed by ov H S Hadley and has served ontinuously since that time The fair this year will mark the ist at which Col Dallmeyer will ervc as a member of the board since n act of the last legislature abol shcd the board YOUTH IS HELD FOR THEFT OF A WATCH Cecil Hoffman local youth was arrested early last night by police authorities and is accused of steal ing a wrist watch at the Chamber of Commerce Swimming Pool and selling it to another youth Hoffman denies he stole the watch however maintaining ha purchased it from a Negro Thr boy likely will be arraigned before Circuit Court Judge Nike G Sevier Monday morning He is being detained at the Salvation Army citadel on Jefferson Street
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