Abilene Reporter News, September 27, 1954

Abilene Reporter News

September 27, 1954

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Issue date: Monday, September 27, 1954

Pages available: 30

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Publication name: Abilene Reporter News

Location: Abilene, Texas

Pages available: 1,005,004

Years available: 1917 - 1977

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Abilene Reporter News (Newspaper) - September 27, 1954, Abilene, Texas CONTINUED WARM ^ Wfit ^biltne 3^cporter "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES"—Byron riri^T^TTiiTn Li V Jbillil u FINAL VOL. LXXIV, NO. 102 Associated Press (AP) ABILENE, TEXAS, MONDAY EVENING, SEPT. 27, 1954—SIXTEEN PAGES IN TWO SECTIONS PRICE DAILY 5c, SUNDAY lOc McCarthy Censure Urged By Watkins Panel Report ACt I SEl) SWINDLER TO JAIL — William Estep, accused swindler from San Antonio, is shown as he checked in his belongings in Dallas where his appeal bond was revoked and Estep was ordered jailed. Deputy U.S. Marshal E. R. Goss is at left, Howard Dailey, one of Esteps's attorneys, at the right. Estep*s bond was revoked after testimony he had continued trying to sell his *‘atromotone” machine. He was convicted in a trial in Abilene. (AP^ Senator Cleared On Other Counts WASHINGTON (AP)—A special Senate investigating committee recommended today that Sen. Joseph R. McCarthy “should be censured’' by the Senate The six-member committee said McCarthy, Wisconsin Republican, had treated the Senate and one of its committees contemptuously. It said further that on another ■ count—his alleged abuse of Brig. Gen. Ralph W. Zwicker— | “the senator from Wisconsin, Mr. McCarthy, should be | censured.” As for three other broad charges considered in nine I days of hearings, the committee said it feels they “do not, under all the evidence, justify a resolution of censure.” The Senate will convene in special session Nov. 8 to consider the recommendations. It will decide then whether to vote censure or noncensure. Adoption of a censure resolution would amount simply to a public rebuke of McCarthy and would not of itself remove anv of his senatorial Gaither of Unsound Mind, 2 Sisters Say Bv MRS. KTHKI. ( LIKTON Reportrr-News CorreHpondont AN.SON. Sv'pr *HNS — Two Fillers of Willard F. 'Bill Gaither tiBiitieii Monday morning that Gaither is of unsound mind. Gaither, on trial in I04th District Court for th* murder of .Abilene Policeman Jimmy 8pann. was the first wttne-s to take the bland the trial eiiiend its second we'k. Defen.se .Alt nney Peter Briola asked Gaither if he had ever been indicted or found guiUy of a ony in any other state, if he had ;    '    ^ ever b«*en in the ptmitt nliary in * any other slate, if he had ever received a suspended sentence in anv other slate or i> atlei me, 1 can .<ee him." she said She told that Gaither was. continu.’U.sly tarvous and tense and muttered things of that sort. She said that at a family reunion in 1954 that Gaither said he didn't know her and pushed her away. .At this point she cried on the witness stand. She gave several instances of Gai'ater doing things that were irregular and said she believed him of unsiiUiid mind and that he does not at this time know right from During her entire testimony Mrs. Smith appeared very emotional and on the verge of tears. (Hhers Testify Jewel George, secretary at a used car lot where Gaither had bought a car, said she believed he was of unsound mind. Several privileges. The special committee’s report ran to 68 printed pages, a total of around 40,000 words. Much of the text was devoted to a summary of the evidence. A summary’ of recommendations said: Recommends Censure "For the reasons and on the facts found in this report, the select committee rectanmends: ‘‘1. That Oil the charges in the category of ‘incidents of contempt of the Senate or a senatorial committee,’ the senator from Wisconsin. Mr. McCarthy, should be censured. ‘*2. That the charges in the category of ‘incidents of encouragement of United States employes character witnesses tesified they ,    .... believed Gaither .0 be misound ''^IsTìl said she .-aw him in i-.vtremely void day wearing . :';urt ii.vVed shirt. She one a tried to ii he had ever bt'c.. -------- ,...... ot a felonv m Tc.vas.    j    for    not    going. Gaither answered no to all of the questions.    i    h«sband    and    rciurmd    to town Next w!t:u-.s ca;hn1 w.,s    at    la^i    they    found    Gaither of llealdton. Okla a sister ÜÍ G.iither .Spti’ial Pruvcrutor Fsco Walter asked her if she had discussed the case w oh Briohi She said she had. in Briola's hotel room at .Anson Waller asked her what they discussed about the ca.se and if Briola gave her any instructions as to what to say. Briola's obtoc-tion was overruled and ,’xhe said Briola had asked her to point out any pt'culiarities about (.laithor but did not tell her what to sa\ She testified that she had inner signed a complaint o! insaiut\ again.st her briHher. but said .sh«. thought her brolh»r Wvi> of unsound mind and that she b<>lie\oJ he did not know right from wrong Waller asktMi her how ;«dUhor acted when he was drunk. She said he seemed mure .scttU-d Then she testified she had mner got him out of jail for drunkenness and had never sin-n him drunk m a public place As far as she knew, she said, he had ne\er l.n?en drunk in a public place BnoU asked her if she had attended a hearing pertaining to her brother at a military reser\atum in Oklahoma in 1944. She .said she had and gave a record of the proceedings to Bnola who passed the record to Walter and Tom Todd, district attorney. Record oí the hearing was not formally introduced as evidence in the case Buck Boles was called to testify by the detense lie is a rancher and neighbor of the Gaither fam ily in Healdton. Following Boles, Helen Smith, a sister of Gaither. tiHik the stand. She said that when Gaither was home on furlough from military service in 1943 he acted strangely Mrs. Smith said Gaither was very It-nse. paced back and forth in the yard frequently and xaid such things as "don't bother me. don’t touch me and don’t say anything because you'll get me in trouble." She said the chickens cackling botheriHi him and that he could not them. She said her brother said "1 don't want to see any-iKkiy. I'm just trying to hold myself* logelher." The next time :Jae saw him. she testified, wa.s at her home. Gaither was eating, she said, when her baby cihhI She said Gaither jumped up. pushed back his plate ind said "the demons are after me." Then he ran outside. filler he was in the yard pac-Ifig i^> and down say ing "the devil mind. Rosie Mae Mose of Pauls Valley, Okla., a friend of Gaither’s wife, testified that she was with the couple at the    time    Spann was shot. She said she noticed a police car following the car the three were riding in    from    Abilene    to Merkel when they reached Tye and that they all noticed it. She quoted Gaither as saying. ‘Tm going to kill that cop." She said Gait'ner’s wife told him not .    ,    u    A    A    ) to do anything but to see what    the and put him to    bed    and the next p"    , .4.x- L HiHn’i    the    inci-* POhce wanted first - in Tex is and, ^im to go home with her but en found guilty he wouldn’t go and wouldn’t give Thev took him home day he didn't remember the inci dent at all, she said. THE WEATHER I s. DieXRTMINT OF COMWKRCE WF4THER III RF.AI’ ABU.FAK 4M) VU IMTV Clear to ¡ irtp ckHirt> Mi»n<la> an»-nMX*n atKl Tuea-(i;-^ Wi^h ti-mperaiure both diiya 90 to SIS ciif'iiH»*» l/nu Miiiiiaj niilit i ■ \«»RTU CKMRAL Tt.XAS — Clear to l>jrtl>    thr.iuih    Tuoiwlaj Wl.sT 1KXA.S Partly cK>urt\ Ihrouirti Tut'Mlav »ith    so itiered shower* FAST ANO SOITH Ct XTKAL IFXAs P..rtl\    Ihrouih    Tuesday wil'i seat- t. ed jtht'wers TFAII’I R ATI RTS Sun P M    Mon. ,A M, vH.    I    10    TJ 71 . .    - . TO ........    «9 ......70 She told the court that the three drove around .Merkel for some time before going to the service station where Spann was shot. She said during this time Gaither had been drinking whisky. She said the police told Gaither to throw (Hit his gun as they had him “covered" " 'X' 3 .« 4 10 5 S 10 T » *30 9 M 10 •» n . i.‘ '>• n  «1 .    »b H'M    »T 71    12.«T .Míusb! Issi niitm b 31 p m Sunn»r to-d«x t, . rr Sun-irt    f    1« p m \lj4\imuiTi irmiH" alurr hw 24 ooa.s ondina a( b V-. ,i m : .v Mínimum tcti.fx'i ..turo ív»r i4 lour* »tid-if'.i: at ti a m wí Barwmrti r    roadmt    at    U    30    p.m.    29 OS. KflttUx    humKlity    at    15    wi    p    m    35 Husband Was Fine, So Was Burglar LOS ANGELES Mrs. Pauline l„alor. believing it was her husband moving around her bedroom asked Sleepily: “What's the matter, dear?" “Nothing," was the reply. “Are you ill?" she asked. "No." When she awakened again after daylight ye.sterday, she found her bureau had been ransacked and $54 cash taken. Her husband had remained peacefully asleep in an adjoining room. not. under all the evidence. Justify a resolution of censure. "3. That the charges in the cate gory (rf ‘incidents involving receipt or use of confidential or classified or other confidential information j fr(xn executive files,’ dk> not. under * all the evidence, justify a resolution of censure. “4. That the charges in the cate-, gory of ‘incidents involving abuse | of colleagues in the Senate,” except as to those dealt with in the | first category, do not, under all j the evidence, justify a resolution j of censure. "5. That on the charges in the category of ‘incidents reiating tr Ralph W. Zwicker, a general of-ficrer of the .Army (rf the United States, the senator from Wisconsin. Mr. McCarthy, should be censured.” Further, the cwnmiltee recommended that the Senate change its rules and ban one-man committee hearings except when the full committee. by majority vote, has t rectly authorized a single membw to hold a hearing. Would Halt Abuse The group proposed also a rule forbidding disclosure of testimony taken in a closed session unless authorized by a majority vote of the committee. McCarthy's alleged abuse of Zwicker was in a dosed, one-man hearing in New York last Febru ary. At the time. Zwicker was commander of Camp Kilmer, N. J McCarthy called Zwicker before him as a witness in conne<' with an inquiry into the honorable discharge of an Army dentist whom McCarthy described as a "Fifth Amendment Communist." metal shattered — NERVES DITTO —But shattered nerves and a bruised arm were all Gerald Jennings, 29, received when this air compressor exploded at Mcll-wain Motor Co. Monday morning. Another man was hospitalized. The auto at right probably absorbed much of the explosion’s force. (Photo by Charles Cockerell) Federal Court Opens Term; Deckel Set Blast Rocks Motor Firm One mechanic was injured and to Mrs. Lula C. Jones, service three others had a good narrow- department records showed, escape story to tell Monday morn-. Damage to the two cars *    i    ine    after    an    air    compressor    blew    run    about    $500, John Walsh, part-:    .    .4    , term of | ^«8    wwe “many contradictions and m- could not give    anv esliraaie on    consUlencies" in Z^r’s tesU- daniage to the    building Monday    "“»y    I»' McCarthy sub- morning, but thought it would not Judge T. W’hitfield Davidson of Dallas opened the fall U. S. District Court in Abilene Monday morning, calling the civil docket and setting 36 cases to be tried before juries. Three and possibly four criminal cases were to be called by the court at 1:30 p.m. The first week ^ of the four - week court term was i    the    way    just    in    time.    t^es    up    half    of    the    east    side    of W.ASHINGTON i/Ps - A"vigo-rous and lengthy fight” on the Senate floor was promised today by Sen. McCarthy’s attorney against the censure recommendation returned by a special Senate committee. Edward Bennet Williams, the attorney, said he expectd McCarthy and other senators would take the floor in the Wisconsin Republican’s behalf. He gave a brief preview of the prospective defense: As for the contempt charges, Williams said all the events took place before the current Congress convened on Jan. 3, 1954. "There's no such thing as a retroactive censure,” Williams said. “We will cite many legal, constitutional and senatorial precedents showing that Congress has always been against censuring a member for any action prior to the beginning of the session when censure is being considered." Williams added: Most Unfortunate "It woifld be a most unfortunate precedent to hold that a senator couid be censured for conduct in a prior Congress. That has never b n done before.” Williams said any move to censure McCarthy for his relations with the elections subcommittee or his comments ab<Hit Sen. Hendrickson should have been made during the Congress when these events were taking place. At least, be said, any senator who wanted to censure McCarthy had the “right and the duty" to raise these questions when McCarthy was seated for his second term. Williams said he had been barred from making these arguments before the Watkins committee but that these points would be pursued at great length 00 the Senate floor. i    Will Use Transcript As for the recommendation 0! censure for alleged abuse of Gen. Zwicker. Williams said be thought the transcript of Zwicker’s testimony at two different hearings would be a "very vivid refutatkm will of censure." Williams (contended that there out the back end of the Mcllwain ner in the firm, estimated. He Motor Co. repair shop, Cecial Mithcell, 1117 South 13th St.. who wa.s using the compressor 10 take paint off of a car, suf- be too high fered minor bruises and shock in .About ^ seconds the accident. compressor blew before the out. it started His brother • in - law. Johnny quivering violenily. so that it was    ^ Price, who was helping him .got heard all over the building, which    consideration," committee on last Feb. 18, and also in Zwicker’s testimony in the censure hearings. Williams contended that of the 46 charges, the committee apparently “dismissed 43 of them as reserved for non - jury mat'. >rs and Judge Davidson set 14 cases on motions or to be tried before the court for this week. The jury panel has been summoned to report for duty ne.xt Monday, Oct. 4. Judge Davidson extended greetings to about 75 lawyers from Another mechanic, Gerald Jen- the block. Jennings related, nines 14S2 Kirkwood St.. was Price and Mitchell yelled and working on'an-Hher car about 30 started running. Then the explo-feet away.    iston occur^^ Two. pieces ol the compressor ,    1“« neatly punctured holes about three J“"“»“ inches across in the roof of the car Jennings was standing Jennings himself had only The concussion knocked Mithcell The committee devoted one section to explaining why tt did not take up some of these 46 charges. One accused McCarthy of having received $10.000 from the Lustron Corp., a prefabricated housing firm, while he was a member of the Senate Banking Committee by. to the ground He was later taken    had    jurisdiction over hous- tc Hendrick Memorial Hospital for niatters and "withouk render- throughout the .Abilene division of i"bv the flving metal    ing    services    of cwnparable v^ue.’* ■    ...    .    -c    s-    o    ^    *    -    -    observation    there.    The    money    was for a pamphlet on STOCK EXPO DATES SET Northern    ^    But    the    best    escape story of all Court and expres^ his pleasure ^ at returmng to Abilene.    \i,.quite St.. who figures he may -My coming to Abilene these 18    ^ One piece of metal two feet housing. across was flung 30 feet Splinters _ of glas.s. grease, and splattered paint covered the floor in the damaged part of the building. “And if any member of the bar    ...    „ ■ here doesn’t like the judge he is: front end of the auto while Pnct such a polite fellow he doesn’t say | a word and we don’t know about > WHAT'S NEWS ON INSIDE PAGES U. jiud Mitchell were at the rear. Price called him around and gave him some money to get Loia to was barely Fairground Improvements To Be Speeded for Show Plans for constructing enough buildings at the proposed municipal airport to insure a spring live-stiH'k show were .set afmit Monday morning at a meeting of the Taylor County Commissioners Court. A delegation of about 75 Abilene Chamber of Commerce representa lives who met with the body expressed thanks for the way the $600.000 fairground.s bond election campaign had been conducted During the morning - long powwow of C-C representatives and the commLssioners. many matters pertaining to ex{H'diting highway construction in the county were dist usmmI. Sam rliU. representing the fair and livestock committee ot the C C. said a tentative date of March > 7-8-9 had been §et for the Uve-istock exposition. “Were anxious to see it get under way," he said, "We would like to get the Abilene ihow off before and Odessa the San Angelo shows." Hill added CanvARS Planned County Judge Reed Ingalsbe outlined plans for the quickest action on fairground improvements. "We have to canvass the election returns — we ho|>e to do that today." he said. "Then we must sell thè bonds, select architect.s and engineers and gel the plans made. We shall proceed as rapidly as possible," C M Smith, who has been employed to arrange preliminaries in sale of the bonds, said that “30 days after Uiey have been sold, we ll have the money in our hands to proceed with the wwk" Hill said the C-C would cooperate in any way and appoint, if necesxary, committees to work for the expedition of the project. Mayor C. E Gatlin said the city would proceed immediately ^ making a survey of the laip which the city is to deed over to the county from the old municipal airport lands. ■nie land cm which the fair buildings would be situated lies in the southwest corner of the tract. The C-C representatives and commissioners discussed designation of roadwaj's, including tiie propos Week Earlier The court term was officially set to open Oct. 4 but because of a heavT docket Judge Davidson came a wiH'k early and plans to remain here four weeks. .At the conclusion of setting cases for trial five attorneys were introduced to Judge Davidsim and admitted to practice in court Admitted to practice and attorneys who introduced them were    compressor    was standing J. Neil Danid and Bill Tippen, i    jjack    wall and the both introduced by Bryan Brad-1    which    the    three    men    were 'oury; Allen Glenn, introductnl I working Malcolm Schuk: Jack "" "    " inlroviuced by Dan 4 Asphyxiated SCRANTON. Pa . Sept, 27 Tliree children from one family and their 65-year-old baby sitter were asphyxiated early today or late threi Coke; through the d*wr into the next    illuminating    gas    that shop when the explosion cut loose.;______ right on the spot where he had seeped from a kitchen range. ANNEXATION?—School board to consider request for onnexotion of Carver oddition. Poqe 2-A, COMIC BOOKS Judge to study at! o fthc 350 comic publications in erecting code of ethics. Pijge 5-A. been working    m The explosion was in the north I-ALL5 OU ■ fefc I end ot the Mcllwain Company on North Fourth and Pine St. It ripped out windows and a wall facing the Windsor Hotel and blew federal I three plate glass w indows In the front of the building on Pine St Tidvvell. Abbo'i, ed new Texas Highway 36 cutoff j and Tliomton Hardie. Jr. of Midland, introdui’ed by Judge Clyde Thomas of Big Spring Welcoming the new lawyers in his court. Judge Davidson said. “Being a practicing attorney involves more than just the right to make a living." He reminded them that it is traversing and bounding wi the north. Gatlin and Rufe Tittle, Precinct No. 3 Commissioner, went into a huddle relative to roads bounding the proposed new fairgrounds. Result was announcement grounds would have roads on three sides of the tract. GtHirge Minter. C-C president, expressed appreciation to the commissioners for the time fi\-en the delegation and the way the situation had been handled. “It is imperative that we push Set COUNTY, Fg. CA 4 Haskell Man Dies In Oil Rig Fire BALLINGER. Sept 27 RNS>— he turned loose of the line, and One man was killed and three in- fell 60 feet to the ground. He was jured near here early Monday    Ballinger    t*2nic Hospital, I    ^    I where he died at 7:30 a.m. Mon- and 1 fX’ad was Cockrell Mayfield. 23, j When it exploded, it smashed in the nuse of the car — one of the stock cars used in the Swenson Thrillcade. rough tumble auto show which has play.; Haskell.    ^ evi the State Fair of Texas for i    injured were Hubert Hud- The rig. operated by Ace Drill- several vears running    ^ geiis driller, who suffered criti- ing Co, of Dallas, is located on Acre'S the nu.se was the newly- ¿,^1 burns. James Wesson, pusher, the Arch Brookshire ranch about painted U gend. “Jumbo of    All    who received    second    and third    de-;    nine miles northeast    of Balh^er. Thrill Shows." barely visible    un-    g^'e burns,    and    a    roughneck •    The well came in at    3 a.m. Moo- der a splatter of    dirt, grease. ■ whose name was not learned im-jday. incumbent u^xm tiic lawjers of t¡ie ■ pulver*;ix1 metal.    i mtxl'.ately. The roughneck also R    U    R^mus^n,    wo    u nation to see that the Constituían! Swenson had just    traded two nad burns, but he was not sen- mg    the    well said    trmt    11^    rig is uDheid    j    cars with Mcllwain the night    be-' oush hurl.    t&ught on tire at    the Imt^ fore. A M Mel' Mcllwain.    ro-    Mayfield, a    derrick    man    was    and flames spread upw^d to tM firm. scmI They j killed around 4 a m. when the oil derrick Contractor is Thomas C. “When the indei^endent judic .ir> ¿;oes down.*' Juibie DavidM."’ add ed. “American liberties will be gone and a dictator will be at the helm.” owner oi the have known each other for some tune. The other damaged car belongs Mg caught fire as he started sliding down flic safety line His hands were so badly burned Humphrey of Dallas. Mayfield was married and father of three childrwi. ;