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Abilene Reporter-News, The (Newspaper) - September 27, 1954, Abilene, Texas CONTINUED WARM the "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT FINAL VOL. LXXIV, NO. 102 Auociated Press (AF) ABILENE, TEXAS, MONDAY EVENING, SEPT. 27, PAGES IN TWO SECTIONS PRICE DAILY 5c, SUNDAY IOC ACCUSED SWINDLER TO JAIL William Estep, ac- cused swindler from San Antonio, is shown as he checked in his belongings in Dallas where his appeal bond was revoked and Estep was ordered jailed.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 re- voked after testimony he had continued trying to sell his "atromolone" machine. He was convicted in a trial in Abilene. (AP) McCarthy Censure Urged By Watkins Panel Report Senator Cleared On Other Counts WASHINGTON special Senate investigating committee recommended today that Sen.-Joseph R. Mc- Carthy "should be censured" by the Senate The six-member committee said McCarthy, Wisconsin Republican, had treated the Senate and one of its com- mittees contemptuously. It said further that on another alleged abuse of Brig. Gen. Ralph W. "the senator from "Wisconsin, Mr. McCarthy, should be censured." As for three other broad charges considered in nine 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 non- censure. Adoption of a censure resolution would amount simply to a public rebuke of McCarthy and would not of itself remove any of his senatorial Gaither of Unsound Mind, 2 Sisters Say By MRS. ETHEL CLIFTON Reporter-News Correspondent ANSON7. 27 Two sisters of Willard F. (Bill) Gaither testified Monday morning that Gaither is of unsound mind. Gaither, on trial in 104th Dis- trict Court for the murder of Abi- lene Policeman Jimmy Spann. was the first witness to take the stand as the trial. entered its second week. Defense Attorney Peter Briola asked Gaither if he had ever been indicted or found guilty of a fel- ony in any other state, if he had ever been in the penitentiary in any other state, if he had ever received a suspended sentence in any other state or in Texas and if he had ever been found guilty of a felony in Texas. Gaither answered no to all of the questions. Next witness called was Iva Hope of Healdton. Okla. a sister of Gaither. Special Prosecutor Esco Walter asked her if she had discussed the case with Briola. She said she had, in Briola's hotel room at An- con. Walter asked her what they dis- cussed about the case and if Briola gave her any instructions as to what to say. Briola's objec- tion was overruled and she said Briola had asked her to point out any peculiarities about Gaither hri did not tell her what to say. She testified that she had never signed a complaint of insanity against her brother, but said she thought her brother was of un- sound mind and that she believed he did not know right from wrong. Walter asked her how Gaither acted when he was drank. She said he seemed more settled. Then she testified she had never got him out of jail for drunkenness and had never seen him drunk in a public place. As far as she knew, she said, he had never been drunk in a public place. Briola asked her if she had at- tended a hearing pertaining to her brother at a military reservation in Oklahoma in 1944. She said she had and gave a record of the pro- ceedings to Briola who passed the record to Walter and Tom Todd, district attorney. Record of the hearing was not formally introduced as evidence in the case. Buck Boles was called to testi- fy by the defense. He is a rancher and neighbor of the Gaither fam- ily in Healdton. Following Boles, Helen Smith, a sister of Gaither, took 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 tense, paced back and forth in the yard frequently and said such things as "don't bother me. don't touch me and don't say any- thing because you'll get r trouble." She said the chickens cackling botheicd him and that he could not stand them. She said her broth- er said "I don't want to sec any. body. J'm just trying to hold my- self together." The next time she saw him, she testified, was at her home. Gal ther was eating, she said, when her baby cried. She said Gaither Jumped up, pushed bnck his plate and said "the demons are after we." Then he ran outside. liter he wat In UN yard pac- feg and down saylns "the devi is after me. 1 can see she said. She told that Gaither was, continuously nervous and tense and muttered things of that sort. She said that at a family reun- ion in 1954 that Gaither said he didn't know her., arid pushed her away. At this point she cried on the witness stand. She gave several instances of Gaither doing things that were ir- regular and said she believed him of unsound mind and that he does not at this time know right from wrong. She said she saw him in one extremely cold day wearing a short sleeved shirt. She tried to get him to go home with her but he wouldn't go and wouldn't give any reason for not going. She said she went home and got her husband and returned to town where at last they found Gaither in a cafe. They took him home and put him to bed and the next day he didn't remember the inci- dent at all, she. said. THE WEATHER V S. DEPARTMENT OF COMMERCE WEATHER (CEEAU ABILENE AND VICIXITV Clear to partly cloudy Mondav afternoon and Tues- day. High temperature both days M lo 53 decrees. Lour Monday night 65. NORTH CENTRAL TEXAS Clear to partly cloudy through Tuesday. WEST TEXAS Partly cloudy through Tuesday with widely scattered showers. EAST AND SOUTH CENTRAL TEXAS- Parily cloudy through Tuesday wift s A.M. 73 71 87 67 71 73 >I Sunset last night pjn. Sunrise to- ay 6-30 a.m. Sunset tonight pJn, Maximum temperature for 24 nou.s end ins at a.m. S3. Minimum for 24 loars ma- ll: at a.m. G8. Barometer reading at p.m. 2S.W. Relative humidity at p.m. During her entire testimony Mrs. Smith appeared very emo- tional and on the verge of tears. Others Teslify Jewel George, secretary at a used car lot where Gaither had bought a car, said she believed ie was of unsound mind. Several character witnesses tesified they believed Gaither to be of unsound mind. Kosie 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, "I'm going to kill that cop." She said Gaither's wife told him no! to do anything but to see what the police wanted first 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 out his gun as they had him "covered." Husband Was Fine, So Was Burglar LOS A.NGELES Paulim Lalor, believing it was her husbanc moving around her bedroom aske( sleepily: "What's the matter, was the reply. "Are you she asked. "No." When she awakened again afte daylight yesterday, she found her bureau had been ransacked anc cash taken. Her husband ha remained peacefully asleep in adjoining room. privileges. The special committee's report ran to 68 printed pages, a total of around words. Much of the ext was devoted to a summary of the evidence. A summary of recommendations said: ReCTmmeBds Censure "For the reasons and on the 'acts found in this report, the se- ect committee recommends: "1. That on the charges in the category of 'incidents of contempt of the Senate or a senatorial com- the senator from Wiscon- sin. Mr. McCarthy, should be cen- sured. "2. That the charges in the cate- gory of 'incidents of encourage- ment of United States employes .0 violate the law and their oaths of office or executive do not, under all the evidence, justify a resolution of censure. '3. That the charges in the cate- gory of 'incidents involving receipt x use of confidential or classified or other confidential information from executive do not, under all the evidence, justify a resolu ion of censure. "4. That the charges in the cate- gory of 'incidents involving abuse of colleagues in the ei cept as to those dealt with in the first category, do not, under all the evidence, justify a resolution of censure. That on the charges in the category of 'incidents relating tr Ralph W. Zwicker, a general of- ficer of the Army of the United States, the senator from Wiscon- sin, Mr. McCarthy, should be cen- sured Further, the committee recom- mended that the Senate change its rules and ban one-man committee hearings except when the full com- by majority vote, has rectly authorized a single member to hold a hearing. WMM Halt Abase 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 Febra ary. At the tune, Zwicker was commander of Camp Kilmer, N. J McCarthy called Zwicker before him as a witness in connect' with an inquiry into the honorable discharge of an Army dentist whom McCarthy described as a "Fifth Amendment Communist." STOCK EXPO DATES SET Fairground improvements To Be Speed ed for Show Plans for constructing enough buildings at the proposed munici- pal airport to insure a spring live- stock show were set afoot Monday morning at a meeting of the Tay- lor County Commissioners Court. A delegation of about 75 Abilene Chamber of Commerce representa- tives who met with the body ex- pressed thanks for the way the fairgrounds bond election campaign had been conducted. During the morning long pow- wow of C-C representatives and the matters pertaining to expediting highway construction in the county were discussed. Sam Mill, representing the and livestock committee of fair the C-C, said a tentative date of March S-74-9 had been Ml for tlie live- stock exposition. "We're anxioui to tie It fct un- der he laid. would like to get tht AJWletK ibow oU the San Angelo and Odessa Hill added. I Cnran County Judge Reed Ingalsbe out- lined plans for the quickest action on fairground improvements. "We lave to canvass the election re- .urns we hope to do that to- he said. "Then we must-sell the bonds, select architects and engineers and get the plans made. We shall proceed as rapidly as possible." C. M. Smith, who ?ias been em- ployed to arrange preliminaries in sale of the bonds, said that "N days after have been toM, we'll have the money in our handi to proceed, with the work.'' Kill said the C-C would cooper- It ate in any way and appoint, necessary, committees to wort for the expedition of the project. Mayor C. E. Gatlin said tht city would procMd Iwmtdia makinl I rf which the city is to deed over t he county from the old municipa airport lands. The land on which the fair build ngs would be situated lies in th southwest corner of the tract Che C-C representatives and com missioners discussed -designation of roadways, including the propos ed new Texas Highway 38 cuto traversing and bounding on the north. Gatlin and Rufe Tittle, Precinc So. a Commissioner, went Into huddle relative to roads boundin the proposed new fairgrounds, R suit was announcement (roum would have roads on three tides of the tract. George Minttr, C-C president expressed appreciation to the com miuioners (or the time given the delegation and the way the situa- tion had (wen haodhd. "H is ImpirtUn that COUNTT, Fg. M. 4 METAL SHATTERED DITTO shattered nerves and a bruised arm were all Gerald Jennings, 29, received when this air compressor exploded wain Motor Co. Monday morning. Another taan was hospitalized. The auto at right prob- ably absorbed much of the esplosion's force. (Photo by Charles CockereU) :ederal Court Opens Term; Docket Set Judge T. Whitfield Davidson of 'alias opened the fall term of f. S. District Court in Abilene morning, calling the civil ocket and setting 36 cases to be tried before juries. Three and possibly four criminal cases were to be called by the court at p.m. The first week f the four week court term was eserved for non jury matters and Judge Davidson set 14 cases n motions or to be tried before re court for this week. The jury panel has been sum- moned to report for duty next Monday, Oct. 4. Judge Davidson extended greet- ngs to about 75 lawyers from hroughout the Abilene division of the Northern District of U. S. Court and expressed his pleasure it returning to Abilene. "My coming to Abilene these 18 or 19 years has grown more and more the court, said, 'And if any member of the bar here doesn't like the judge he is such a polite fellow he doesn't say- word and we don't know about Week Earlier The court term was officially set o open Oct. 4 but because of a leavy docket Judge Davidson came a week early and plans to remain lere four weeks. At the conclusion of setting cases for trial five attorneys were in- Todaced to Judge Davidson and admitted to practice in federal court. Admitted to practice and attor- neys who introduced them were J. Neil Daniel and Bill Tippen, both introduced by Bryan Brad- bury; Allen Glenn; introduced by Malcolm Schuk; Jack Tidwell, introduced by Dan Abbott, and Thornton Hardie, Jr. of Mid- land, introduced by Judge Clyde Thomas of Big Spring. Welcoming the new lawyers in his court. Judge Davidson said, "Being practicing attorney in- volves more than just the right to make a living." He reminded them that it is incumbent upon the lawyers .of the nation to see that the Constitution U upheld. "When the Independent judiciary soes Judge Davidson add- "American liberties will be am) a dictator will at Blast Rocks Motor Firm One mechanic was injured and three others had a good narrow- escape story to tell Monday, morn-, ing after an air compressor blew out the back end of the Mcllwain Motor Co. repair shop. Cecial Mithcell, 1117 South 13th St.. who was using the compressor -.0 take paint off of a ear, suf- fered minor bruises and shock in the accident. His brother in law, Johnny Price, who was helping him .got out of the way just in time. Another mechanic, Gerald Jen- nings, 1482. Kirkwood St., was working on another car about 30 feet away. Two. pieces of the compressor neatly punctured holes about three inches, across in the roof of the car Jennings was standing by, Jennings himself had only his arm grazed by the flying metal. But the best escape story of all was told by Jimmy Loza, 1630 Mesquite St., who figures he may owe his life to a Coke. Loza had been working right next to the compressor at the front end of the auto while Price and Mitchell were at the rear. Price called him around and gave him some money to get three Cokes. Loza was barely through the door into the next shop when the explosion cut loose, right on the spot where he had been working. The explosion was in the north end of the Mcllwain Company on North Fourth and Pine St It ripped out windows and a wall facing the Windsor Hotel and blew out three plate glass windows In the front of the building on Pine St. The compressor was standing between the back wall and the auto on which the three men were working. When it exploded, it smashe< in the nose of the car one o the stock cars used in the Au Swenson Thrillcade, rough and tumble auto show which has play ed the State Fair of Texas for several years running. Across the uose was the newly painted legend, "Jumbo of Al Thrill barely visible un der 3 splatter of dirt, grease, nulveriicd metal. Swenson had just traded tw cars with Mcllwain the night be- fore. A. M. (Mell Mcllwain, co- owner of the firm, saW. The) have known each other for some time. ether daraafed ear belong to Mrs. Lula C. Jones, service department records showed. Damage to the two cars wil run about John Walsh, part ner in .the firm, estimated. H could not give any. estimate on damage to the building 'Moudaj lorning, but thought it would no e too high. About 30 seconds before th compressor blew out, it siariec uivering violently, so that H was eard all over the building, whic akes up half of the east side o the block, Jennings related. Price and Mitchell yelled an tarted running. Then the explo ion occured. "It sounded just like a bomb, lennings said. The concussion knocked Mithce o the ground. He was later taken o Hendrick Memorial Hospital fo s-rays and is being kept under tbservation there. One piece of metal two fi across was flung 30 feet. Splinters of glass, grease, and splatterec paint covered the floor in th damaged part of the building. 'Vigorous' Floor Fight Promised WASHINGTON (A ems and lengthy fight" on the senate floor was promised today Sen. McCarthy's attorney gainst the censure recommenda- on returned by a special Senate ommittee- Edward Bennet Williams, the ttorney, said he expectd McCain and other senators would take te floor in the Wisconsin Republi- can's behalf. He gave a brief review of the prospective defense: As for the contempt charges, filUams said all the events took lace before the current Congress convened on Jan. "There's no such thing as retroactive Williams aid. "We will cite many legal, onstitutional and senatorial prece- ents showing that Congress has always been against censuring a member for any action prior to, beginning of the session when "ensure is being considered." Williams added: Most Unfortnate "It would be a most unfortunate recedent to hold that a senator could be censured for conduct in prior Congress.. That has never r -i done Williams said any move to cen- sure McCarthy for his relations with the elections subcommittee r his comments about Sen. Hen- rickson should have been made uring the Congress when these rents were taking place. At least, he said, any senator who wanted to censure McCarthy had the "right and the duty" to raise these questions when McCar- hy was seated for his second erm, Williams- Said "he had been barred from .mattag these argu- ments before the Watkins commit- ee but that these points would be mrsued at great length on Senate floor. Will Use Transcript As for the recommendation censure for alleged abuse or Gen. Zwicker, Williams said he thought the transcript of Zwicker's testi- mony at two different hearings vould be a "very vivid refutation of censure." Williams contended that there were "many contradictions and in- consistencies" in Zwickfjr's testi- mony before the McCarthy sub- committee on last Feb. 18, and al- so in Zwicker's testimony in the censure hearings. Williams contended that of the 46 charges, the committee appar- ently "dismissed 43 of them as unworthy of consideration." The committee devoted one sec- tion to explaining why it did not take up some of these 46 charges. One accused McCarthy of having received from the Lustron Corp., a prefabricated housing firm, while he was a member of the Senate Banking .Committee which had jurisdiction over hous- ing matters and "without render- ing services of comparable value." The money was for a pamphlet on housing. 4 Asphyxiated SCRAOTON, Pa., Sept. 27 W- Three children from one family an their 65-year-old baby sitter wer asphyxiated early today or la last night by illuminating gas tha seeped from a kitchen range. WHAT'S NEWS ON INSIDE PAGES board to consider request for annexation of Carver addition. Page 2-A. COMIC to study oil o fine 350 comic publications in creating code of ethics. Page 5-A. FALLS 60 FEET Haskeil Man Dies In Oil Rig Fire BALLINGER, Sept. 27 One man was killed and three in- jured near here early Monday when an oil rig caught fire. Dead was Cockrell Mayfield, S3, of Haskeil. The injured were Hubert Hud-: driller, who suffered criti- cal burns; James Wesson, pusher, who received second and third de- gree burns, and 8 roughneck whose name was not learned im1 mediately. The roughneck also had burns, but he was not seri- ously hurt. Mayfield, a derrick man, was killed around 4 a.m. when the oil rig caught fire at he started slid- ing down the safety line. His bands to burned he turned loose of the line, aad fell M feet to the ground. He was taken to BaKinger Ciinic Hospital, where he died at a.m. Mon- day. The rig, operated by Ace Drill- ing Co. of Dallas, it located the Arch Brookshire ranch abort nine miles northeast of The well came in at 3 a.m. day. R. L. Rasmussen, who it ing the well, said that UK 1% ctught on the Mtm and names spread upward U tftt derrick. Contractor fa HMBM C. Humphrey of Dallas. Mayfield was marrttd mt fe father of tttMNfc
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