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Abilene Reporter-News, The (Newspaper) - September 21, 1954, Abilene, Texas FAIR, MILD Abilene "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT EVENING FINAL VOL. LXXIY. NO. 97 Associated Press (AP) ABILENE, TEXAS, TUESDAY EVENING, SEPT. 21, PAGES IN TWO SECTIONS PRICE DAILY 5c, SUNDAY IOC Four Jurors Picked to Try ill Gaither By GEORGIA NELSON' Reporter-News Staff Writer ANSOX, Sept- 21. The fourth juror selected in the murder trial of Willard F. (Bill) Gaiti.er in the 104lh District Court was sworn in just before Judge Owen Thomas recessed court for noon Tuesday. He was the third juror chosen Tuesday morning. B. L. Perkins of Route 2, Merkel, was picked Monday. Selected Tuesday: Joe T. Smith, Hawley wholesale oil and gas dealer. Bence Magee, Anson farmer and a Baptist. Ray Carlile, Stamford real estate, insurance, and auto finance man. Carlile was the last juror chosen. He was the 23rd venireman to be questioned. 12 Veniremen Excused The court has excused 12 men from jury service for such reasons as 1) an opinion that would re- quire evidence to remove, 2) con- scientious scruples against the death penalty, and 3) various prej- udices they have expressed. Special Prosecutor Esco Walter of Abilene and Defense Attorney Peter Briola are questioning the veniremen. Walter's questions have been brief and to the point. Usually, he has asked the prospective juror no more than a dozen questions. Brio- la has extended his questions, and put such involved ones that Judge Owen Thomcs frequently has tak- en over to clarify the question to the venireman. Judge Thomas has repeatedly urged Briola to move along, em- phasizing that he wants tc give the attorney ample tune, but letting it be known that he felt too much time was being taken. Speed-Up Asked As one venireman left the court- room after questioning, Judge Thomas commented, "The record shows that counsel for the defense used 30 minutes in examining the last venireman. The court is again asking counsel not to consume so much unnecessary time." Briola's questions have gone thoroughly into the possible pre- judices the jurors might have if the evidence should show that Gaither was intoxicated when Abi- lene Policeman Jimmy Spann was killed in a blazing gun battle at Merkd last June 17. The defense attorney has quizzed every venireman on whether he formed any opinion or prejudice against Gaither from reading news- paper accounts of the killing, and whether they contributed to the fund sponsored by the Abilene Re- porter-News for Spann's widow and children. Defendant Calm Smith, the second juror chosen, far, any way to the fund. Smith said his Sunday School class gave some money. Gaither remained calm Tuesday as he did the first day of the trial. Only about three or four specta- tors were seated in the courtroom 1 Tuesday morning, besides mem- bers of the defendant's family. 6 Yeniremea. Excused Only one juror was chosen from 13 veniremen questioned Monday. The court excused six for cause, two because they said they had conscientious scruples against' the death penalty. Two others said is the only venireman. So who said he contributed in Jack Snow Family Fund Hits Gifts to the1 family of Jack Snow, young father killed last week in a house moving accident, continued to pour in Tuesday. By a.m., had been added to Monday's figure of S229.50, mak- ing a total of for the fam- ily. An additional 521.25 had been contributed last week by city em- ployes. The campaign to help the Snow family is being sponsored by the Park Avenue Assembly of God Church. E. H. Hollis and friends donated to the fund, and S5 in gifts was received early Tuesday. Monday. Foremost Dairies agreed to furnish three gallons of milk each week to the family. 0. C. Williams, assistant manager of Foremost, worked out the plan with Police Lt. Graver Chronister. Mem-1hower and Republican National bers of the police force donated j Chairman Leonard W. Hall, take the case which would take evi- dence to change. At the end of the first day the state had used two and the de- fense four of their peremptory challenges. Each side is allowed to excuse 15 veniremen without stat- ing their reasons. POLICE RESTRAIiN WOMAN Chicago police restrain a woman held for questioning about the shooting of her husband. The woman, Mrs. Rose Beren, 30, told police the shooting occurred during a quarrel in their hotel apartment. She told Lt. Elmer Mulvehill she fired a re- volver at William Beren, 47, unemployed, after he slapped her. Noel, Batchelor Planned to Escape Red China Entry Fight Slows UN REFUSES TO QUIT Allred Fires New Charges at Board SAN ANTONIO W Press photographer Frank Noel to- day testified that he and Cpl. Claude Batchelor made plans to escape from. the- North- Korean prison camp where they were held by the communists. Noel was called by the defense at the trial of Batchelor before an Army court-martial -at Fort Sam Houston on charges of aiding the enemy while he was a POW. Noel was captured on the Kore- an front and was a prisoner al- most three years. He was in the same camp where Batchdor, 22, from Kermit, Tex., was held 38 READY FOR TOUR Ike. Hall Study Republican Chances in November Vote DENVER President Eisen- as their aid to the milk fund. a hard new look today at GOP Snow's widow is ill. The couple I chances for maintaining control of had three children, Jacqueline Maye. 7. recently dismissed from and at the President's role in the campaign. Hall flew in from Washington for a summer White House confer- ence with the President as Eisen- hower made ready to start a fly- Hendrick Memorial Hospital's po- lio ward; Arthur Wayne, 3. and Luther Eugene, 2. Family Car Sold The Snows had returned from ing speechmaking tour of the far California shortly before the- fa- west tomorrow. ther's death. They had sold the The tour will take him into Mon- family car to buy groceries and tana, Washington, Oregon and Cal- were "living in a trailer. an area where there are Snow was unemployed until he I three important Senate races in the took the job with a house moving firm last Monday. On Tuesday he was electrocuted when he lifted an electric highline clear of the house roof. The family is now living in the home of Jack's brother, T. L. Snow. 1942 North 15th St. November elections, plus contests for all the House seats of all four states. "The President and Mr. Hall are going to talk over the political situation generally, with of course special attention to the states the President is about to While City Building Inspector Quits To Take Job at Citizens Bank C. C: Elliott Jr.. has resigned as city building inspector, effec- tive Oct. 1. On that date he will become manager of the new Citizens Na- tional Bank Building. L. L. Thomasson will be the city building inspector. He actually began those duties Sept. 1, and both lie and Elliott have carried the title since then. Elliott lias been building in- spector since Aug. 11, 1952. He stated Tuesday Ihnt he is leaving the city job for the better snlnry which the bank building position offers. "11 has been a great pleasure working for the people El- liott slttled. "I have enjoyed help- ing them work out their building and lining problems. "The position with Ihc Citizens National Bank will help me pro- mote a higher standard of living lor my wife and two boys. That's why I (hull leave the city's em- ployment." Thomamon previously served city hulldlnt! Inspector hero from Nov. 19, 1951, until June 2, 1952, when he entered private employ- ment. On July 22. 1954, he return- ed to the city payroll as assistant city building inspector. House Press Secretary James Hagerty said in advance of today's conference. Hall brought with him three key Bassett, publicity chief for the Republican National Committee; Robert Humphrey, in charge of organization: and Val Washington, who handles relations with minority groups. The quartet came to Denver with Maine's election of a Democratic governor last week still uncom- fortably fresh in Republican minds, and with opposition criticism of the Eisenhower administration mounting as the campaign goes into the home stretch. The President so far has cam- paigned in a restrained kind of way, strictly according to the pat- tern he set out for himself months ago. He has said repeatedly that he would do no barnstorming for in- dividual GOP in- stead he would go around the coun- try plugging the record of his ad- ministration and the Republican- run 83rd Congress. It's no secret that some mem- bers of his party would like to see Eisenhower wage a more vigorous but Eisenhower aides were not inclined much to the no- tion he would change his campaign months. Noel said he had made three at- tempts to escape but was unsuc- cessful. About February or 1953, he said-he-talked- with Batchelor about a fourth attempt to escape. A member of the court asked Noel whether it was a joint escape plan. Noel replied that Batchelor agreed to go along. He said they decided to make their attempt about the first of August, 1953, when the rains of the monsoon season would give a protective cover. He said he and Batchelor were going to try to get to the China Sea but thev needed a map. Batchelor got the map. Noel said. Noel said as far as he knew Batchelor never informed on him. He said about the middle of Jury, 1953. the prisoners knew definitely that the prisoner ex- change was coming off. so he and Batchelor did not try their escape. A former medical officer in the Netherlands East Indies Army testified that prosecution witnesses against Batchelor probably suf- fered from "bamboo fence com- plex." Such prosecution testimony, Dr. Phillip Bloemsa said yesterday, should be accepted only if backed up by similar testimony from "three or four other witnesses. Lt. Col. Donald Manes Jr., court- martial law officer, ordered the opinion stricken from the record. Dr. Bloemsa said that during World War H POWs in Germany developed what was called "barbed wire complex" while in Asia it was called a "bamboo fence complex." "Among other things, he said, the complex makes POWs lose in- terest in things outside their stock- age, makes them suspicious o! fellow prisoners and fills thorn with selfishness and self pity. Bloemsa testified he believed no POW wholly exempt from the com- plex and added: "It makes their minds narrow until a man is practically an animal." AUSTIN W-Renne Allred Jr. said today that one factor back of the insurance commission's at- tempt to fire him was his deter- mination to name a board employe in a suit charging fraud. Allred made the charge in a let- ter to the bocrd, a copy of which was released to The Associated Press. The commission has ordered All- red discharged as attorney for its liquidator and as counsel for many firms now in receivership. AUred countercharges that only the court who named the receivers could fire him. Allred's letter said he had twice delayed filing the suit "against all parties who had any connection with the fraud perpetrated upon innocent creditors and policyhold- ers of Texas Mutual" at the re- quest of two members of. the board to keep the suit from becoming embroiled in politics." Allred said the first delay was until after July 24, and the second ntil after Aug. 28. Those were the dates of the first and second Democratic primaries. Conduct of'the insurance commis- ion was one issue in the guberna- orial campaign. Defeated candi- ate Ralph Yarborough charged that the commission, named by ov. Allan Shivers, had been lax i enforcing the insurance laws. Allred's letter also replied to a charge by the bo.ard that he. had lot been cooperative. He said that as long ago as larch of this year he had called lie board's attention to evidence !of grossly over-valued mortgages onceming a company that your examiner had found insolvent as f June 30, 1953." "This company is still doing Business at the same old AUred said. I. L. MW tanrecUr C. C. ELLIOTT JR. Lueders, Hamlin Children Admitted Jo Polio Ward Here Three new polio cases and one case of possible polio were'report ed Tuesday at Hendrick Memor ial Hospital. The four patients were admit ted Monday, raising the numbe of persons in Ihe poiio ward to 23 Five polio victims were release from Hendrick last weekend. Sam Massey, 9, son of Mr. and Mrs. S, C. Massey of Throckmor- ton, was listed as a possible polii case. The children whose cases hav definitely been diagnosed as polio are: Karen Smith, 3, and Karl Smith of of Mr. am Mrs. G. A. Smith of Luedws; and Linda Kay Watson, 11 daughte of Mr. and Mrs. E. R. Watson o Hnftlin. All are In the Isolntto warl Claims of creditors and policy- against the defunct Texas Mutual have been estimated at around a million dollars. Leslie and Paul Lowry of Beau- mont and D. H. O'Fiel of Beau- mont have been indicted on per- jury counts by a Travis County grand jury in connection with or- ganization of a Texas Mutual sub- sidiary. The grand jury inquiry and oth- er spotlighting of insurance affairs had followed a blistering opinion by Justice R. G. Hughes of the Third Court of Civil Appeals who had charged there had been "gross if not criminal" laxness in insur- ance law enforcement. DR. VAN KLEFFENS opponent retires Dutch Diplomat Sure To Be UN President UNITED NATIONS, N.Y.'H1-A' Dutchman with 33 ence in international affairs was a shoo-in choice today for presi- dent of the ninth General Assembly as delegates gathered for their opening session this aft- ernoon. The election of Dr. Eelco Nico- laas van Kleffens to the top As- sembly post became a virtual cer- tainty when his only announced opponent, Prince Wan Waithaya- kon of Thailand, withdrew yester- day frpmrthe race. Van Heffens, Netherlands min- ister to Portugal and head of the Dutch delegation to the 60-nation Assembly, began lining up his sup- port on a visit here last December. Even U.S. support for Prince Wan could not slow Van Kleffens' can- didacy. NEXT ONE'S HERS-A BOY Daughters Are Presents Of Wife on His Birthday ROTAN, Sept. 21 (RNS) almost a week after his birthday and Jearl Wilkes is still a mighty >roud man over his birthday gift this year. Even his birthday gift of two ago is still a source of great rejoicing. Two years ago, lunch over, and the birthday cake eaten, Mrs. Airmen Win Stinky Raise LONDON British air- line pilots have won a pay raise put it stink. The fliers man freight trans- ports used by the British Over- seas Airways Corp. for the air shipment of such livestock as race- horses, monkeys, pigs and cattle. Denis Fellows, a spokesman for ihe British Airline Pilots Assn., Sold a wage tribunal yesterday: "These men take their meals while flying in degrading and ob- ncxious conditions. Their bodies are so contaminated by the ever- present smell of animals that when they come in contact with their fellow men. they are Wilkes entered the local hospital. At pjn. she presented her husband his birthday gift Sharyl Lea Wilkes. That was Sept. 15, 1952. Mrs. Wilkes decided the next child would be a boy and would be born on her birthday. Sept. 15, 1954. and father and daughter were having their birth-' day party. The cake was eaten. The dishes put away and Mrs. Wilkes went to the hospital again. This time at 4 p.m. Sharyn Lyn arrived in time to be another birthday present Wilkes was so thrilled his sec- ond daughter arrived on his birth- day that, his wife still doesn't know whether it's a girl or boy." Mrs. Wilkes has one comment to make. "I'll show them she de- clared. "The next one will be a boy and it will be born on my birthday." The veteran Dutch diplomat will celebrate his 60th birthday while the Assembly is in session, on Nov. 17. A lawyer and the son of a law- yer, his long career has often al- ternated between the law and diplomacy or combined the two. A'an KleffensL was torn in Heer- enveen, 4 small factory town in the peatbog country of Friesland, northern Holland. He attended the University of. Leyden and in 1918, at 23, won his degree of doctor of law. The next year he went to work in the legal branch of the League of Nations Secretariat in Geneva, quitting two years later to work in London as a legal aide for toe Royal Netherlands Petroleum Co. Van Kleffens came back to the international swim in 1922, as as- sistant director of the legal de- partment cf the Dutch Ministry of Foreign Affairs. He served in the late '20s as registrar of the arbitra- tion court that interpreted trie Dawes and Young plans for Ger- man financial recovery. Was Foreign Minister In 1939 he reached the diplomatic top at home when a Cabinet crisis resulted in his appointment as minister of foreign affairs instead. Nine months later, as the Ger- mans drove toward the Hague, Van Kleffens and his wife fled in a crippled navy hydroplane to Brighton, England. In Britain he became foreign minister in exile. Remaining foreign minister after the liberation, "an Kleffens headed the Netherlands delegation to the 1945 San Francisco conference which organized the United Na- tions. In 1946 and 1947 he was his coun- trv's permanent representative to the U.N. From 1947 to 1950 he was ambassador to Washington, and since then has been in Lisbon. Van Kleffens was married in the Hague in 1935, to Margaret Horst man. Her mother was American- Catherine van Cott of Salt Lake City, who married a Rotterdam oil executive. The Van Kleffens have no children. Russia Due To Get Help From Indians UNITED NATIONS, N.Y. W-A new fight over anticipated de- mands to seat Bed China threat- ened today to delay at least briefly organization of the ninth United Nations General Assembly. Russia, India and some other Asian countries were expected to launch the new struggle to replace the Chinese Nationalists with Peiping representatives shortly aft- er the session's formal opening this afternoon. "U.S. Secretary of State Dulles was on hand to lead the campaign for keeping up the bars against the Chinese Reds. The United States, backed by Britain, planned to ask the Assembly to shelve the question until the end of the year. The same strategy was used last year to keep Peiping out. West Is Confident Both the Americans and the British were confident of a clear winning majority. To strengthen their case, U.S. Delegate Henry Cabot Lodge Jr. in a weekend statement charged the Chinese Communists with 39 attacks in the past four years on ships or planes of Britain, Panama, Norway, France, Portugal and the United States. With the seating contest out of the way, organization of the As- sembly for business promised to be smooth sailing. Withdrawal.of.Thailand's Prince Wan Waithayakon from me Assem- bly presidency race yesterday left the field dear for "Kief- fens, Netherlands minister Por- tugal and the only other announced candidate for the post. Budget Battle There was possibility that a con- test of sorts would develop for the chairmanship of the-Assembly's budget committee. The Polish del- egation announced last night that its permanent delegate, Henryk Birecki, would be a candidate for the presidency 'of the fiscal group. This is the committee which will debate whether in dam- ages should be paid to 11 former American U.N. employes who were fired for refusing to testify con- cerning alleged Communist connec- tions. Otherwise the next major dash was expected later, this week in the steering committee, where Britain promised strenous opposi- tion to putting Greece's data to Cyprus on the agenda for-Assem- bly debate. Once election of officers is out of the way, Dulles is expected to open the fortnight of policy speeches from delegation leaders with an exposition of U.S. policy Thursday. Delegates looked for him to comment at length on Pres- io'eat Eisenhower's plan' to set up a peace pool of atomic power, de- spite Soviet objection to it. Sth Ends The expiring eighth Assembly, in recess since last December, was closed out with brief formality yes- terday by its president, Mrs. VI- jaya Lakshmi Pandit. Sister of In- dia's Prune Minister Nehru, she was the first woman elected to head a U.N. Assembly. Europe's Reaction to New French Arms Plan: Caution The tribunal awarded them an hour. THE WEATHER rjs. DETAMMKJCT OF COMMEICK MJBEAIT ABILENE AND VICINITY Fair nd mild today, toiitiht, And Wednesdays HtKh temperature today Bear IS deKrew: low IcmllM near SI defrra; Wefandw near deKrert. _ NORTH CENTRAL and WEST Fair this aftrtwon. twiUtht and Wednes- day: rookr Dili and MUM. EAST TEXAS Partly cloudy and fool- er thin afternoon: scattered thundershwws. SOUTH CENTRAL TEXAS clowdy. scattered TEMrHMTUBH IS g ffiS Barom'eYeV "nidtat IMMIve nitft mt low M I'M art 7V MIM. LONDON Western AlHes took a long, cautious look today at her new plan to rearm West Germany. Two leading Brit- ish newspapers termed it at least a starting point for the nine-power talks opening in London next week. There was no immediate official reaction to the proposals, outlined by French Premier Pierre Mendes- France yesterday in a speech be- fore the European Consultative As- sembly at Strasbourg. They in- cluded tieing West Germany in a tight European alliance that would limit the fighting forces of member states and control their arms production. In Washington, a State Depart- ment spokesman said the French plan is being studied but no com- ment would be made immediately. A tew hours later the United States formally accepted Britain's invitation la attend the Sept. London talks, called to thresh out a way to enlist Western dtfaue, Germans in Prime Minister Winston Church- ill called his Cabinet to its regular weekly session today. The discus- sion was expected to center around Mendes-France's plan and ar- rangements for the nine-power con- ference. The French memorandum to in- terested governments giving full details of Mendes-France's propos- als was still secret. The first Brit- ish comment appeared in the in- fluential, independent Times and the Conservative Daily Telegraph. Both newspapers said the French Premier had furnished at least the basis for possible agreement. But both expressed misgivings as ,to the-extent of British military com- mitments in Europe France might clemand u the price for consenting to German rearmament, Tiie Times also questioned whether Britain would accept the lots of national fovertifnty ap- parently Inherent in the propouli to control the site of armed forces Ration North Atlantic and armament production. The French plan, put forward as a substitute for the defunct Euro- pean Defense Community is similar in many respects to pro- posals advocated recently by Brit- ish Foreign Secretary Anthony Eden. Both call for an expansion of the five-nation Brussels pact into an alliance of at least Britain, West Germany, France, Italy, Bel- gium, the Netherlands and Luxem- bourg. Instead of a common utr.f as the EDC plan proposed, njenv bers of the pact would rush im- mediately to the defense of any of other partner attacked. Although the full details neither proposal have- been public, the chief difference to be in the method the size of armies and of arms. Mendes-Franct wooM this through the enlarged group; Eden that tte 14- the limits.
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