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Abilene Morning News, The (Newspaper) - January 25, 1927, Abilene, Texas West Texas Own Newspaper THE ABILENE MORNING NEWS THE WEATHER WEST TEXAS Tuttday and Wednesday generally Volume TUESDAY JANUARY TEN 124 RRIS CASE WILL G Ferguson Flays Critics In Scathing Counter Charges TEXAS OFFICERS ARE CLEARED IN AMBUSH KILLINGS Second Grand Jury Re fuses To Indict Men Case Has Internation al By Universal Service grand jury in dis trict criminal court here late Ibis afternoon returned a no bill in the case of Sheriff Ray mond Teller and Willaey county officers who were charged in connection with the death of five prison ers here last The case assumed an inter national aspect when the Mexi can government made represen tations to Washington request ing ajs investigation as one of the slain men was a Mexican Kellogg Intervened Secretaryof re ferred the matter of Texas author and the charges no billet today result of a state Judge Cunningham im mediately issued an dis missing all charges against the stating that the grand jury had investigated the same charges that were being tried in court in habeas corpus and that the hearing would be This is the second grand jury to no bill the the first being a special grand jury named soon after the The five prisoners were slain near here last while they were being taken by Sheriff Teller and other officers to locate nn arms had been Lindsey Is Ousted By Court Ruling two days before in con nection with the death ot two peace According to Sheriff the party was and the prisoners were killed when they caught in the cross fire be tween the officers and the ambush By The Associated Press SAN Alejando con sul general of had no comment to tonight on the action of a Willacy Texas grand jury in dismissing charges against eight officers and former officers in connection with the ambush killings last fall of four Mexicans and one Austrian The consulate here has been active in gathering evidence in the Manuel in vestigator for the Mexican who obtained most of the evldenco presented to the grand jury could not be located tonight Gaston Means Again Sentenced To Serve A Year By The Associated Press who was to have been released from the federal peniten tiary next Thursday after serving two years sentence for conspir acy to violate the Volstead Act and 30 days additional upon giving no tice he would take the paupers oath and swear off a must remain to serve a Similar ad ditional A commitment was received from New York today for another two year sentence and a fine for conspiracy against the govern The first conviction York By The Associated ing his reelection in 1924 Colorado Supreme Court today ordered Ben Lindsey ousted as judge of the Denver juvenile where he has served a quarter of a The noted de clared himself one not to be re moved so easily and took the posi tion that he would continue in from By The Associated Press KEW former special agent of the department of was sentenced to two years terms in Atlanta penitentiary in two separate cases and the court ruled that the sentences should run con On July Means was convicted of having conspired with bootleggers to withdraw whis key from distilleries On January 1925 he was convicted of conspiring tu bribe government officials in tho Crager System Glass Casket fraud case In office until the next general elec tion produces a qualified In the opinion of the effect of tho courts action will be to leave office vacant until filled by appointment of the county Thehigh court by a three to two with one justice not partici pating granted an ouster sought by Royal of JudgeLindseys opponent in on the ground that the election proceedings in one precinct of Denver revealed a most regret able and astounding In this district the vote was Lind 548 Graham The Supreme ourt saict that the conduct of the judges and clerks of election in that precinct show a gross negligence and total disregard of their official With the votes of the precinct in question Judge Lindsey on the recount had only 35 votes more than Judgs Initiated be fore his the tribunal threw out the disputed precincts ballots giving Lindseys opponent the elec Tho Denver district court has ruled iii favor of Judge Lindsey holdincr that Graham had failed to establish the fact that Lindsey had not received a majority of the voto legally Graham died under mysterious circumstances more than a year The coroners jury decided death was due to sui but his family insisted he was As a result of thecourts order today Lindsey is granted 15 days to seek a which will be doneIf the rehearing is Committee Set Up Hate Mill In Its Activity In vestigating State De By The Associated Press Counter implying of constitutional auth ority and usurpation of remunerative employment were hurled here tonight by James Ferguson against the investi gating committee of the Texas legislature which recently made public a wordy report oJ findings concerning the former governors domination of the state house while his Miriam Ferguson was gov Set Up Hate Mill Under a pretext of as a basis for legislation for the public this committee lost all regard for their duties and powers and set up a hats mill that was a great success along tTis the former governor If T am a usurper as they eay I then they have gone me one aetter and have arrogated powers that they did not possess either under the laws of the land or the resolution that sought to create heir I have not raised my voice against committee for fear hat somebody might say I was afraid of their I was willing to let them have their ay and do their knowing like the proverbial if given enough rope they would ireak their own Ferguson adding The report fully my Without Authority Fergus M charged that the five YOUTH KILLED IN BBS CRASH UID TO REST Abilene Boys Loved Ones And Classmates Pay Final Tribute Former the presi dent of a a representa tive of the institution that he was attending when death suddenly swooped down upon found be reaved members of his family and hundreds who came to pay tribute because aterrible tragedy had snuffed out the life of a sterling young character that had lived amid the good will and love of those who knew joined Mon day paying final tribute to Merle who was one of the ten young men of Baylor Univer sity killed Saturday at Round Hock when a train demolished the motor bus in which they were rid Counties Of Tay lor And Fisher Would Be Included In 104th bill to create the 104th judicial dis trict comprising the counties of Fisher and was in troduced In the house Monday by Representatives King of Hall of Mitchell and The bill proposes to reorganize OLDEASTLAND GAS WELL NOW FLOWING OIL The mortal remains of the young law student were borne from the First Christian church by six for mer As the proces sion moved slowly to the grave chimes of the First Presby terian church played Near My God to The funeral services were held at the First Christian church be ginning at 10 oclock yesterday They were opened with a hymn sung by a quartette of Simmons LUla Card Miss Jessie Maude Humph Rudolph Caffey and Ira Mar Miss Lucille Patterson of the Simmons faculty at the pia pastor of he of which young Dud ley was a offered a pray Classmate Gordon classmate of Dud both in Simmons and at Abilene High his voice repeatedly breaking as he strove to control his own offered words of to loved ones of the condolence He meant more to us than we can say while he was in counties from for the appoint ment of the new district and for district attorneys of the 39th and 104th judicial providing that the district clerk of Taylor shall be the clerk in Taylor county of the proposed new district King of Throckmorton is chairman of the committee on judicial districts to which the bill was Texas combined today against mans most venomous the Representative Cum mings of Taylor county joined Representative Herschel Boggs o Tom Green county in the intrp ductioh of a bill which proposes to exterminate rattlesnakes bj and synlch authorizes th county courts to appropriate coun ty revenue for paying a bountj on dead The bill went to the committee on states By The Associated Press of senate bill which furnished so much fireworks in Lynch David sens campaign for is proposed in one of the 30 bills in troduced in a house short Monday in tribute to Judge Norman legislative who died Sunday at Hous loyalty to his fellow students to the support of their I be ollars per mileage allowance I lieve he was one of the finest Chris paid tho county commissioners will be empowered to appoint his The juvenile court jurist has been prominently before the public due to his magazine articles and speeches on marriage and his determination to speak in next April despite he reported opposition of ministers He has agreed to meet a Denver pastor in debate on U6 question of improving institution of which subject has aroused great feeling among Judge Lindsey the position that bootleg in marriage is increasing nndethe moral code as approved by the church and that society must the failure of the has suggested com marrinpo as a nd living expenses were without legal Notwithstanding that this com mittee has spent the big end of he appropriated by the pecial session of the 39th legis they did not find one ngla fact that was not brought ut in the The noney has been wasted to give statesmen a job who are nxious to make the five dollars a They ought to be made to put his money about back the and if the attorney general will permit a uit to be brought in the name of the state I will pay the expenses of the litigation and guarantee to get back the money which the mem bers of this committee Taunts Committee The former governor asserted that if he had really usurped the daalt with for impersonating an officer He insisted that his wifes pardon record had stood the acid test and taunted the committee with waiting until Ferguson went of before declar ing that the only remedy would have been His statement closet with Brother Ferguson defended the writing cf surety bonds for highway con tractors by his married Ouida Ferguson Nalle of by declaring that the investigation committee was not fair enough to state that my daugh ter had been in the insurance busi ness five years her mother was elected I carne near Ferguson said in This smart committee says that only remedy is impeachment of my they had the oppor unlty during the special They nad the chance for one week during this Now she s a private against whom no impeachment could be iut I do not believe a single mem ber of this committee knows AGED MAN SUICIDES cen ury of life palled on Georgo Hilt oldest and committed He was To hanged himself with a clothcs tians that ever attended He was a firm believer in the Mas ter that reigns over said He closed by paying tribute to the work of Dudley as cheer leader during his last year at He was also cheer leader at Bay lor It was while en route to Austin with the basketball team that he and nine companions were killed in the President Sandefer of Sim mons University spoke at length on the life work of Dudley and of his upright Christian Nat Harris of the Baylor law in which the departed youth was studying at the time of his told briefly of the esteem in which the deceased was held at Salkeld closed with words of condolence to the bereaved Baylor Edwin who accom panied the body from Taylor as the representative of Baylor stu dents Paul Grogan and Mur Merles roommates at who arrived Monday morning for the with the were honorary pall bearers Gor Representative King of Throckmorton introduced the re pealing measure which would nulli fy the as granted by senate bill passed by the 39th legis of corporations without Texvas permits to acquire substan tial holdings In Texas On motion of Representative John Kirby of the which convened at 2 halted business at 3 hour of Judge Kittrella funeral and ad A resolution eulogizing Judge Kittrell as a foremost states and jurist was Mechanics and artioians would be given first lien on automobiles they repair or renovate on credit under a bill Introduced by Repre sentative Boggs of San An A house joint resolution by Boggs seeks an amendment barring insti tution of delinquent tax suits after 10 years and would exempt prose cution of delinquency prior to Two joint resolutions by Cummings of Abilene respectively propose Increase of representatives salary to daily regular ses sion and daily in extra session with actual railroad and re tention of clemency power solely by the governor under certain re The house unanimously adopted a resolution by Poague of Waco deploring the tragedy In which 10 Baylor University students were killed praising the hero ism of Clyde Kelly of Waco and Oil Men Say Others Have Chance To Became Producers Latest developments in the sensa tional comeback of the district is the unexpected showin of a big four years old that is now gauging more tha barrels of oil a mile an half west of town in an area tha has been inactive for several years It was regarded as strictly gcu The Gulf Production company Amis big gasser in th Lake Eastland is now making 255 barrels from the shallow Caddo lime after the sixinch casing was perforated at 2940 to 2980 declare that old gassers In the area producing from the lake eand have a splendid chance to become oilers in the Caddo U shot and that other wells will be drilled as the result of the Amis wells This will virtually open up a new Brownings Suit For Separation Is n New York By The Associated Press first act of Edward Brownings separation suit trial against his the former Frances Peaches closed here the stage deserted and all the property men bound south for a new open at White Seeger ordered which Justice Browning preferred Whlta Plains jurisdiction and the case opens at 10 In thirty five minutes 51 year old New York real estate and ended his charging that tho high school girl bo married twenty miles east in had wil fully abandoned him in the same She is now Ho used two his Edward and By The Associated Press COURT lives of Frank pastor of the First Baptist church at Fort and Dexter the man he killed in his study last July were contrasted here today in arguments before the jury in the Norris murder Defense attorneys painted Norris as the spiritual leader oil people and Chipps as the product of iniquitous orgies who led a life of alleged dissipation while the pastor who killed him was laboring to save Attorneys arguments started at 10 after the defense presented one attorney of Fort in an effort to impeach testimony of Rogers had testified that Rains told him Norris had remarked Ive killed me a The case probably will go to the jury Tuesday Charge Head to Jury Bouldin said he Interviewed Rogers In Dallas a few days aero request of defense attor that Rogers told not spoken the truth IS URGED Situation Grows Tense Foreigners At Shang hai American IsIn at the neys and Rains had By Universal Service ruptly stopping their hearings on he Chinese the house oreigrn affairs committee today appointed a subcornmltteo to Iraft resolutions calling upon resident Coolidge to act inde endently of other nations in deal ng with The resolutions are subject to pproval of tho full committee to norrow also passage by Action of the committee fol owed several days of hearings at vhlch college professors pleaded or action by the United States in epcndently of other look np toward abrogation of extra and customs rights in Willoughby of Johns his John Hopkins today Joined and did not personally take the I with othcni in attributing recent Carney testified that he moved Brownings trunks from Srownings Kew gardens home on jong to thehome of Brownings Catherin He said the move was ordere by from whom h ook orders although employed b See FATAL Page 4 Amarillps Public Places Closed to Combat Smallpox By The Associated Press order to close all churches and other public gathering places habeen issued by Full city health director in an effort to stop the spread of There are about smallpox 55 cases quarantined at and several others under according to but tho epidemic is being rapidly brought under con trol and severn 1 cases have been re leased from Schools arc not closed Fuller virtually every school child In tho city has been vaccinated Tho spread of thedisease started in the Mexican and most of the crimes confined to that j ren conveying condolence to bereaved U By The Associated taininga quorum was one of the chief interests of senate Mon as It went through a spiritless clay by the pass age of 12 a record number for this Lewis of Xavasota brought up the clemency question again when See Page 4 HEARING ON FORD TAX SUIT RECESSES SLEDGE HOUSTON MURDER TRIAL IS OPENED AT BRYAN By The Associated Press Selection of a jury from a specla venire of 175 men started In dis trlct court at Franklin in the Sledge Houston murder case Mon day The case was tried at Belton last July and resulted in mistrial and its eubsequen Houston is charged with the slaying of Garrctt White a Somcrville last By The Press Hearing of the Pord tax suit adjourned to be re sumed In Washington next The two weeks of the hearing have been mainly devoted to read ing of stipulations and testimony by witnesses called to strengthen ho case of minority in the Ford Motor who nre resisting payment of taxes on their selling out to Henry 1 Ford in Whitewas city marshal at Somerville at the time of his death The case has atracted much atten tion on account of the injection of the klan Houston formerly was a wardtn at Somervillc and at present is a special peace officer for a railroad Railroad Will Cease Operation On February by permission of the Interstate Commerce the Browmvood North South 17 miles In length and operating from Brovmwood to the town of May in north Brown will cease The general cpiftlon is that this abandonment will mean ilift faking up of the railroad This road was built in The right of way was bought find for by the citizens of the of belnj paid for It to tho various eltlzsnx on the routo antiforeign outbreaks In China to interference by foreign powers with the sovereign fights of By Universal Service responsibility for the protection of all foreigners In China has been placed on the shoulders of Ad miral eommander inchief of the American forces it was learned As ranking officer over either the British or Japanese comman he will give the necessary orders to the allied armada now it was Admiral Williams was under stood to have reported a grow ing menace to foreign lives and the practical certainty of drastic military measures being necessary and asked the state de See Page 4 Dates of Womens Club Session Set By The Associate Press for the 1928 convention of the General Federation of Womens which meets have been set for May 29 to June was announced here in a letter from Fields of president of the stato who has just re turned from s conference with federation officials at Washing San Antonio is the conven The Atlantic City convention of he general federation last June selected San Antonio as the next meeting but the date was not set at Texans In North i tUC LJTUtH when he testified before the grand jury that ho had denied Rains had made this statement him about Morris purported A Following1 this testimony from Judge James ton read his charge to the In addition to tho usual instruc tions on manslaughter reasonable doubt and self defense the judge told the Jury that If they believed from all circum stances that the defendant was in apparent danger as viewed from his standpoint then they should He said it was not essary to prove that the slain had a gun when ho called me Norris The Judges instructions covered elpht typewritten The in structions requested by the state on the question of provoking a difficulty was not Each Bide was allowed sis hours for argument and the stata opened about with an address by John Shelton of one of the special prose Shelton demanded the rtoath penalty for de claring that on the law and evi this man has forfeited life and Shelton was followed by Attorney Marvin Simpson of the who spolo about two Dis trict Attorney Jessie Martin of Fort Worth followed speaking for the opened this morn Norris sat surrounded by his close friends with a former police man at his elbow for protection from what his friends said might be a demonstration against Norris said that a large number of his church members were in the courtroom and that his sup porters had thought it best to be clfSe to him in the closing hours of the The court baillifs won requested to permit no one to sit near the defendant who waa not known to be friendly to Sons With Defendant The defendants two young Frank and George Louis came to the court room with their mother during the to sit with their Attorney Simpson what if Chipps had carried out the purpose for which ho was sent See XORRIS Page 4 between the towns of May and who snM a strip of Innd for he risht t By Universal Service and farmers In North Texas want n experimental station right in the nd of tho black land cli matic and soil conditions there can e tested out for the best crops Senators Love and Floyd have Hroducod a bill in the Senate in furtherance of this Th bill would permit Texas and College directors to select tho site maintain the a woman ever justified in defying the law i The Understanding By PETER The umai of tat western fincftt ytm evar mul Begins TODAY In the Morning News
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