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   Abilene Reporter-News, The (Newspaper) - February 14, 1938, Abilene, Texas                               "WITHOUT, OR WITH OFFENSE TO FRIENDS OR FOES, WE SKETCH YOUR WORLD EXACTLY AS IT VOL LVI1, NO. 269 Associate? Pnm (AJT> ABILENE, TEXAS, MONDAY EVENING, FEBRUARY 14, 1938 PAGES   PRICE 5 CENTS 0.0. Mclntyre Succumbs To Heart Attack Columnist Stricken Saturday, Refused To Call Doctor ISSUED BY RAILROAD High Court Affirms Texas Gas MURDER THEORY DISCARDED i M'Donald Acts IN PENDER6RASS DEATH CASE iTo ForfeitOi VICTIM OF 'LIVING DEATH' COLLAPSES IN COURTROOM NEW YORK, Feb. O. O. Mclntyre, the small-town boy from Gallipolis, Ohio, who won fame and wealth Interpreting the big city, died today. The columnist was taken ill on Saturday. Following his lifelong practice, he refused to call a doc- Boys Stumble Across Clothing Worn By Victim Near Spot Where Body Found SWEETWATES, Feb. was discarded I today as the official explanation in the disappearance of Jesse j H. Pendergrass, whose body was found a week ago near Lake Sweetwater. i Discovery of clothing worn by the 68-year-old traveler j tor. He died about 2 a. m. today in j from Cookevilie, Tenn., prompted the change of theory. i his Park Avenue apartment. j Two youths in a party of sis rabbit hunters stumbled across XMd Mclntyre Pendergrass' overcoat, a blue serge coat and vest, his shoes and was his full have ob- j other personal effects yesterday. They were in the Henry j served his 54th binhdav on Feb. Withers pasture southeast of All red Requested Filing Of Suit On Contract Involved is. Sweetwater, nearly half a mile j His death apparently was caused j east from the spot at which the j by a heart attack. Only his wife j elderly Tennesseean's remains j was with him in the arpartment. i were found. j She said that his last words were i TO DRAG POND RULES RUMANIA a, request to "Turn your face toward me so I can see you." Mclntyre applied to New York the principles he learned when he was a reporter for the Gallipolis Journal in 1902. At his death his column, "New York Day by was syndicated in 380 newspapers, earning him a huge salary. Mclntyre gained his great pop- ularity by personalizing New York by treating its masses of stone and steel and its millions of inhabitants as though they were places and people whom he knew intimately and whom his readers wanted to know. He in Plattsburg, Mo., Feb. 18. 1884, and was educated at Bartletfs college in Cincinnati. From the Gallipolis Journal he went to the East Liverpool. O., Tri- bune as a feature writer and in 1905. when he was 22, he became political writer and later managing editor of the Dayton, O., Herald. In 1912 he took the big he came to New York where his literary flair brought Mm the con- veted job of drama editor on the New York Evening Mail. Not long after his arrival in New York lie The find was made by John Bibb i and Jaines Graham, both employes of the Nolan County News. Others j in the party were Jack and Tommy j j Bibb, Kenneth Wilson and Deroy j j Jones. i j Other articles with the clothing j i were a picture, a small Bible, the j i unused portion of a rail ticket on i which Pendergrass was traveling to i Lubbock, a traveler's insurance pol- icy, a pair of glasses, two box of snuff and plug of tobacco, I a metal drinking cup, a memoran- j dum. book and a sheet of paper on j which directions for ail train changes on his journey had been written. j The clothing was left untouched until searchers led by Chief of ?o- I lice N. B. Hall could be notified, j They were preparing to drag a j nearby pond. Hall, who week earlier expressed certainty that Pendergrass was murdered, today said it was his opinion instead thai- the elderly started the syndicated column j man cold and expos-ore. He which he continued-until his death, i 1 Ke married Maybelle Hope Small adQ6d Penaergrass probably of Gallipolis in 1SQS on his 24th i temporarily deranged, birthday." j VERDICT CONTRADICTED -The police chief's decision con- j tradicted directly an inquest ver- i diet returned last Monday by Jus- i tice of the Peace S. H. Shook that Fendergrass died "at the hands of a person or persons unknown." The rabbit hunters found Pen- dergrass' shoes about a yard apart, i as if he had sat down and removed them. His coat, vest and glasses i nearby. The overcoat was about 10 away, partly hanging in a Dr. Miron Cristea patriarch of the Rumanian Or- thodox church, has been named premier and virtual dictator of Rumania. His government suc- ceeds that of the anti-Semitic OctaVian Goga, resigned. Nuptial Vows Cited By Eastland Girl And Rep. Poage EASTLAND, Feb. Frances Cotton, daughter of Mrs. varas Frank Wiicos, became the bride of j I Congressman W. R. Poage, of Waco, j u here this morning. The ceremony i performed at 11 a. m, at the home of the bride's mother. I Dr. John Rally, president of i Oklahoma Baptist diversity, at' bro Shawnes. a friend of the bride- groom, officiated. Congressman Poage said he and his bride would leave immediately for Washington. Texas Athletic Director Dies Funeral For Roy Henderson To Be Held Tomorrow AUSTEr. Feb. services will be held here tomorrow 10 a. m, for Roy B. Eenderson, the Texas AUSTIN. Feb. Com- missioner W. H. McDonald today forfeited an oil and gas lease on a 62-acre tract of public land in La- guna Madre. Nueces county. j Governor James V. Allred recently i requested the attorney general's de- .parament to file suit to cancel the I lease, charging the state had receiv- i ed inadequate consideration for it j and in addition a well offsetting production on other land nearby j had not been drilled as required by law. I The tract was No. 14 and original- ly was leased to Herbert Mallinson I Oi Dallas on Dec. 3, 137.9 The lease figured repeatedly in testimony at hearings of a senate committee in- vestigating McDonald's land leasing policies. McDonald acted after receiving a j letter from the attorney general's I department advising the law auto- I matically forfeited the lease because I of the offset drilling regulation. MCDONALD'S STATEMENT "I have today made an entry of forfeiture of the oil and gas lease j on tract 14 in Laguna Madre, Nue- ces county, which was issed to Her- j bert McDonald said, i "On Dec. 3, 1937, a well was com- pleted on an adjoining tract. The statute provides that in such a case. if the well is within feet of the state lease, a well must be smarted on that lease within 63 days thereafter. "An employee of the land office, was sent to the area shortly after Dec. 3? reported the distance was feet .A re-check by the land office since 'the 60-day period ex- i pired reveals the correct distance is 972 feet. 'uThe attorney general's depart- ment, through a letter from'iirst assistant Attorney General Scoit Gaines advised that under such a statement of. facts the law auto- matically forfeits the lease. Hearing a doctor testify that she was certain to die from ef- fects of radium poisoaing. Mrs. Catherine Donohue collapsed, right, as four other women, above, also believed victims of the "living fearfully looked on in a courtroom at Ot- tawa, HI. Mrs. Donohue, who now weighs only 70 pounds. BEFORE HOUSE BODY-- Jap Navy Parity Favored Fish Also Asks Arms Cut Talk FUGITIVE IN EAST TEXAS JAIL BREAK ARRESTED IN ABILENE Kerns Token In Custody At Residence; Only Two Of Fire Breokers At Large ate Order Thompson Sees Lower Rates From Ruling Estimate Laredo Gas Users Saved Yearly WASHINGTON, Feb. supreme court af- I firmed today an order of the Texas railroad commission re- quiring the United Gas Public I Service company to reduce its i gas rate for Laredo from 75 cents to 55 'cents per cn- bic 'feet. j DECISION SUSTAINED j The tribunal sustained a decision. j by the court of civil appeals for the i third supreme judicial district of Texas which upheld the rate reduc- tion. Chief Justice Hughes delivered today's opinion. United Gas contended the order was confiscatory. It was issued In 1S33 but made effective as of Jan- uary 1, 1932. The difference in the amount was to be refunded to tha customers. Justice Reed did not participate in the decision. Justice Black livered a separate concurring opin- ion. Justices McReynoids and Butler dissented, declaring that the judg- ment under review should be re- versed. Ruling Called 'Rock7 For Other Cases along with 13 other women, seeks compensation for incapacities attributed to work with radium in the factory. Nine women al- ready have d'ied. Others Advocate U. S. Take Lead In Conference Sunday night's bloodless capture of Harold Franklin Kerns. Sulphur Springs jailbreaker. by Abilene po- lice left only two of five fugitives still at large. W. S. (Rabbit) Brunett, 40-year- cld convict under prison sentences totaling 147. years and companion of Kerns in the break, was killed by a blast of buckshot Saturday night while attempting- to rob Clinton, Miss., garage. Boy Johnson, another of the fu- gitives, who had fled wife Burnett, sug- Jurist Hos Surgery AUSTIN Feb. 14. M. Cureton, chief justice of the su- preme court of Texas, was report- Be! in a satisfactory condition here locay after a surgical operation. What Is Your NEWS I. a? Fendergrass disappeared last No- 47, athletic direct 01 vember 21 while en route from Nashville. Tenn_ to the south plains for a winter visit with two of his live near Meadow. in Terry county. Directions found with his clothing indicated that the j Tennessee man arrived here about o'clock the morning of Novem- ber 20. Principal basis for investigators" belief that he was slain had been absence of Pendergrass' shoes. There remained faint nossibilitv.! Ii8 was Basketball coach at the uni- interscholastic league, who died at' Other matters the veterans' hospital at Legion, near Kerrville. yesterday. Henderson had held his position as athletic director since 1920. Ee had been connected with the Uni- versity of Texas since 1914. start- ing as assistant director of physical education. During the world war C Of C To Pick New Officers Tomorrow The Abilene chamber of com- merce wfii have a new group of of- ficers after the directors meeting at 10 o'clock tomoirrow morning at the chamber of commerce office. Tile induction of the five new di- rectors into office and the election of new officers will form the out- standing part of the program. Floods Menace Michigan Cities Hundreds Flee Homes Before Raging Torrents .was taken by MississiFrovoffieersras he cringed in a corner of ga- rage near the body of his compan- ion. That leaves Paul Sloane and Ncsl Baker, alias J. S. Brooks, stall at liberty. They are believed by of- ficers to be in West Texas. "WASHINGTON, Feb. 14- a i Representative Pish (R-NY) gested to the house tee today another conference should be AUSTIN, Feb. O, Thompson, meber of the railroad commission, today hailed the Unit- ed States supreme court decision in. j the Laredo case as presag- ing lower rates generally for Texas. "This decision presages lower disarmament j for all of Texas where End if already been United States. j Naval experts, he said, have stat- ed Japan could not attack this country successfully even with a navy as large as the American fleet. "Why can't we give Japan equal- he asked, "'unless we intend to Kerns was taken at the point of j dc) what T think we are trying to gun; ne surrendered without do and that D0lice quaran- r possioiiity, several said privately, that he may have been doped and robbed. It was i believed that he was carrying a i considerable amount of money, but j relatives were unable to confirm j the reaort. will come up for discussion are ticket sales for the spring rodeo and caf show, and chamber of commerce participation in the event. Five Felony Cases In Justice Court a native of Winfield. Justice of Peace Theo Ash swamped with business Monday j morning, the rush including filing of five felony complaints and con- ducting of as many examining trials i By AP Feature Service Each question count20; each part of a two-part question, 10. A score of 60 is fair; 80 goodt Answers on page 3. 1. Who is this officer? Does he favor moving most of the fleet from, the Pacific to the Atlan- tic? 2. What is a shelterbelt? Has the U. S. abandoned plans for one stretching from Texas to the Dakotas? 3. The marriage of Field Mashal Von Blomberg had nothing to do with the recent shakeup of German army lead- ership. True of false? 4. Because of the fear of air raids, did the Spanish parlia- ment (a) meet in a small town just over the French border, (b) postpone its session, or (c) meet secretly in a monastery? 5. What was the first major legislation passed by congress this Election Judges Formally Named Tayolr county commissioners court was in regular session Mon- day with County Judge Lee R. York presiding. Most of the morn- ing session was devoted to routine business, including approval of monthly bills. Election judges for 193S were given formal approval by the com- missioners. The 31 judges approved today served in last week's dog law election, tlieir names by voting pre- cincts having been published at that time. Chief business to come before the court this afternoon was the offi- cial canvass of the ccuntywide dog- law election, also the Blair school bond election held Saturday. versity. He was Sans. In his intsrscholastic league po- sition Henderson was called unon _ __, Seven civil suits also nad been filed to many important decisions at t.he noori hour in disputes over eligibility of play- j Ralph Nation and Roxie Nation, ers, but his work had made him charged jointly, were arraigned on widely and favorably known. ia feiony complaint of unlawfully Roy Bedichek. a director of the league, lauded Henderson as an cr- gsnizer and administrator, and said.' i with assault to murder Felix Villa- DETRCIT, Feb. Michigan floods over the week-end drove hundreds of families from their dwellings, blocked highways and catised damage far more ser- ious than last week's inundations, j The property less at Mt. Clem- ens alone was more than Mayor Donald R. Westencorf said, i The Clinton river at that point went on the worst rampage in 35 years, inundating more than 700 I acres within the city, i Grand Rapids, Lansing. Flint. Pontiac. Utica. Rochester and j Ionia were suffering from over- flowing streams but their condi- tions were not to be compared with these prevailing at Mt. Clem- protest. The arrest was made fay Ed Cor- nelius, night captain of the Abilene police force, and Torn Summers, night patrolman, at a house in the Sears addition. Sems was spotted in the door- way of the house by occupants of the police patrol car. While-Sum- mers went to the front door and knocked. Cornelius covered the back dcor with a sawed-off shotgun. As the fugitive burst out the back door and started to climb a fence, i the idea. tine the world." PITTMAN CASTS DOUBT Fish testified at hearings on the proposed S300..030.000 naval expan- sion program. He said he believed the navy now "is larger than nec- essary for ail purposes of national defense." Others in congress proposed that the United States take the lead in calling an international disarma- ment conference, despite hints that the administration was cool toward posing of a mortgaged automobile. After examining trial was waived their bonds were set at each "Ee had a keen sense of right aid JOSS Portma Mextam was hi- -th a morning but it was feared the re- ens where 400 houses were surrounded by water and ref- ugee stations had to be set up. A relentless February thaw and torrents of rain caused the latest overflow of Michigan rivers. Much colder weather was fore- cast. In the Grand Rapids area the tributaries of the swollen Grand river began to recede early this 3n. ill since i had been at the hospital since Feb. I 1. under treatment for a liver dis- I ease. i Survivors are the widow: four i children. Roy Jr., 12; Lucy Ann. IT; I Man-. 20. all of Austin: Airs. R. C. Scott of Hobbs, N. M.: his i i Mrs. Annie E. Henderson of San! Francisco: a sister, Mrs. Will Marsh i of San Francisco, and three broth- i ers. Ralph of Fort Worth. Harry of! Fort Worth, and Paul of El Paso. i He waived examining trial and bond was set at City officers arrest- ed Portillo Saturday night. William Dangerfield. negro, waiv- ed examining trial on an assult to murder charge and the court set his bond at S750, Charges against Dan- gerfield grew out of a knife attack on Ward Sunday. Ee was ar- Jessie Mae Hogues. negro, was ar- raigned on a felony charsrs of ob- taining by fraud from Son Turn- er, negro. Bond was set at after I examining trial was waived. CAMPAIGN MARKS Row Climaxes German Bund Leader's Stump Tour BUFFALO. N. Y.. Feb. ask Kunze questions following: his An organization campaign of the i speech. G.-r.-i: und marked 1 time today, stalemated by the fly- j ing fists of A 15-minute free-for-all that grew out of disputes with speakers broke up a bund rally last night. G. Wilhelm Kunze. representative of the bund's national headquar- ters, said he had "no immediate plans" for continuing his speaking tour of New York state. The meeting attracted 700 listen- ers, and by arrangement with bund officials, representatives of Buffa- lo'! war veterans were on hand to A bund syokesman flanked by standard bearers holding an Amer- ican flag and a Swastika emblem. was interrupted as he prepared to introduce Kunze. "Take down that someone shouted. Men in the rear of the hall crowded forward, police rushed in to close the aisles. Kunze spoke against a steady patter of heckling remarks, ex- plaining the bund "is organized to fight subversive influences in the United is not a nazi or- ganizatiton, and "we the German element of the United States would be the last group in the world to try to overthrow the government." When Kunze yielded for ques- tions. Former Assemblyman Fred- erick Hammer, who said he was not speaking for any particular group, asserted: "My grandfather left Germany j Fund For because he couldn't stand the I tan- regimentation." i WASHINGTON, Feb. 14. came a cry from the Senator Connally cD-Tex> said to- lief would be only temporary. No fatiiities or injuries were re- ported from any point in the state. California Set For More Rain and Snow SAN FRANCISCO. Feb. Pacific coast, wearied by a prolonged siege of rain, snow and high wines that has caused nearly a score of deaths, disrupted com- munications halted rail and high- way traffic and harassed shipping. looked forward today to more ram. snow and high wines. In Northern California, where the storm entered it.? 15th consecu- tive day, floods which had already inundated several low-lying areas threatened to spread. From Bridgeport in East Califor- nia came a report of the latest known victim of the storm. Tony Sparcevich, a miner, was crushed death yesterday in an avalanche that sent tons of sr.ow and rocks crashing down on the Silverado mine in the Sierra Nevada. i Cornelius called. "Don't make me I hive to kill you. This thing's loaded j with I Kerns halted, replying that he was unarmed. i Afterwards at the police station. Cornelius remarked. "I'd have hated to kill the little devil, I've known him all his life." It was only three years ago that Kerns, charged with petty theft, was sent to the reform school from Abilene, records of R. T. Kedies. fingerprint expert, show. Police advanced a theory that SIcane had planned to pick up Kerns in Abilene. Kerns admitted being in on the Piggly-Wiggly store burglary on See FUGITIVE, PIT. 9, Col. 2 Arrest Ranger Man in Mail Pouch Theft EASTLAND. Feb. ty officers today announced the arrest of the seventh suspect sought by federal officers in connection with theft of currency from a mail pcuch between OTJcnneli and Sla- ton. Officers said the man was ar- rested at his home six miles south of Ranger. j Senator King (D-Utah) and Rep. Maverick. t.D-Texas) formally advo- cated such a conference. They said I Japan and other world powers might be willing to ease the world situation by discussing curbs on world navies. Senator Pittman who is i close to Secretary Hull in his capac- ity as chairman of the senate for- eign relations committee, suggested I however, the time is not ripe. "Pol- I See NAVY, 9, Col. 1 Theft Trial Opens In District Court Trial of Rcscoe Collins on a fel- ony theft indictment was under way in 42a district court today. Ail testimony had been completed and the charge read to the jury when Julge M. S. Long recessed court until this afternoon. Arguments by attorneys were to start immediately after the noon recess. Collins was indicted on a charge of stealing 1.800 pounds of box and pen steel from J. J. John- scr. on August 5. 1937. Cther cases on the court's crim- inal docket were to be called at the conclusion of the Collins trial. Judge Lcng stated at noon. OPLIN DEEP TEST IN Developments Put Oil Operators On Toes In Three Westex Areas Hailing the court's ruling as the commissioner said the case was the rock on which the ccmmission stood in all other rate cases, a number of which are pend- ing. Commission engineers estimated it would mean a saving to rate payers of Laredo of approximately a year for six years, or McCKAW JUBILANT i Attorney General William Mc- Craw, also jubilant over the de- cision, characterized it as the mag- na charta in Texas' rate reduction; program. McCraw termed the case one of the most bitterly contested in his administration, arguments having twice been heard by the country's highest court. It was, the first gas rate reduc- tion order to be acted on by the United States supreme court. One of the most important of the other cases in litigation involves See GAS KATE, Pg. 9, CoL 3 Attendance Urged At Boosters Session All Boosters club members and ethers interested in the work of the organization were urged by Bob Cannon, executive secretary, to be present at the open meeting to be held tonight. The program is sched- uled to start at in the crystal ballroom of the Hilton hotel. Sub- jects for discussion will be affilia- tion with the state and national ju- nior chambers of commerce and progress on the community chest survey. Members of the delegation to con- fer with representatives of the Boosters club March 9 were an- nounced in a letter received by Bob Cannon this morning. They are Jimmie Stuart, vice president of the National junior chamber of com- merce; Doc Liggett, president, and Jimmie Allen, secretary-treasurer of the Texas junior chamber of commerce: and Bill Stuart of the national organization. Oil developments in three areas over the weekend apparently indi- cated today a quickened interest among Abilene operators. To the southeast, the Hal Hughes et al No. i Tom Poir.rlexter. han county deep try north of Opiin. loomed more as a pro- ducer from Ordovician sand. Reports here said the we'.l had exhausted itself of salt in- j truding from behind five-inch cas- i ing. after it had sprayed fluid under j a flow of three to four million cu- i The Weather AND VICINITY: Cioiiay and colder tonight and Tussciav. West Texas: Mostly cioudy, probably oc- cssior.ai rains 'Dortion toniRbt and Tuesday: colder in aorth ar.d east portions tonight ar.c: in extreme southeast portion Tuesdav. East Texas: Cloucy. probably occasional rains :n south tvDr.icn and Tues- audience. As Hammer challenged the speaker to "settle it outride." fist lights flared throughout the hall. bic feet per day. day President Roosevelt had ap- j Operators yesterday deepened the proved a S128.265 Works Progress i well another "foot into Hie'sand and allotment foi paving streets and obtained a head of oil though to be alleys it Lubock, Texas. i about 50 barrels, been Bogged at feet, the pre- vious bottom hole having been 4.3SO feet where a Baker shoe was sst. Pay zone is a sand, differing from usual lime saturation found in El- lenbuger wells of this area. Tne test 1 is a south offset to one drilled in j 1933 by Drew Beams and others of i Abilene which was estimated fit! about barrels daily before it was junked. Location, three miles north of Opiin. is in the northeast corner of Sec Ott> Pf. 9, Col. 1 ...so .51 Sun. p.m. Mon. 79 SO 7S 75 71 69 67 66 61 COLO Dry thermometer 9 10 11 Midnisbt Noon Sunrise Sunset .tn. 7 a.m. p.m. 74" 55 63" 4S 63 50   

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