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Abilene Daily Reporter (Newspaper) - May 8, 1935, Abilene, Texas Wiyt ^bilme Bail? Ji^cporter“WITHOUT OR WITH OFFENSE TO FRIENOS OR FOES. WE SKETCH YOUR WORLD EXACTLY AS IT GOES’’—Byron ¿ME •jiriON i v^7uv. Full Leasea Wires of Associated Press (W) United Press (UP) ABILENE. TEXAS. WEDNESDAY. MAY B. 1935-FOURTEEN PAGES (Eveninp Edition ot The Abilene Morning News)    NUMBER    17!Roosevelt To Veto Bonus At Once m Amelia Over Gulf On Mexico-New York Hop MAirS DEATH PENALTY UPHELD E     ' * *** 1 Acquitted In Slaying Jackie Coogan Loses Film Pal An automobile spill near San Diego, CsaI-, proved fatal to Trent (Junior) Durkin (right), breaking a long friendship with Jackie (The Kid) Coogan (left), which began when Durkin played Huckleberry Finn to Co<^anS Tom Sawyer in the filming of the Twain classic. Jack Coogan, the young actor’s father, driver of the car, and twfo others also were killed. Young Coogan escaped with minor injuries. (Associated Press Photo.) Tried In Fort Worth For Killing of Sturdivant And Rutherfords Texan to Ireland Alvin Mansfield Owsley of Texas was nominated by President Roosevelt to be mlnbler to the Irish Free State. A former national commander of the American Legion, Owsley is now minister to Rumania. (.Associated Press Photo). Thomas Moves To Delay Final Action Until Pat-• man Bill Supporters Are On Hand Hoùe Fadès A s Zero Hour Nears For Ray Perilous Take-off at Mexico. D. F., Is Easily: Due At Goal After Sixteen Hours WASHING TON, M»y ‘ — (AP)—President Roosevelt in- THE MARKETS ATA GUNCE May i—(By Asscnlated Preoa) NEW YORK STOCK8 firm. InduatriaJs lead entire list upward. BOND.H<«steady, V. S. governments improve. CURB higher, specialtle* and oils show wide gains. FOREIGN EXCHANGES quiet, silver currencies lower. COTTON higher, trade buying. scarcity of contracts. Sl'G.\R higher, active commission house buying. COFFEE barely steady, trade selling. CHICAGO Walk To Death Chair Due To Begin Just After Midnight Tomorrow AUSTIN, May    8.—< UP»—The death verdict given W. D. May in ’Tarrant county on murder conviction was affirmed today by the court of criminal appeals. May w'as tried in criminal district court in Fort 'Worth and given the death penalty Feb. 24. 1934. for his part in the Handley triple slaying sensation in the summer of 1933. He was convicted specifically for the murder of Jack Sturdivant of Eula. The two other victims were J. B. and Harry Rutherford, brothers. Harry’s home was in Abilene, J, B.’s in Dallas. O. D. Stevens, alleged instigator of the slayings, and convicted robbery chieftain, has been given the death penalty for his part in the deaths. Bodies of the three men, bound together with fence wire, w»ere found in the Trinity river at Fort Worth several days after their disappearance. The state charges the slayings v.'er' the result of a quarrel between the three victims and May and Stevens over the split of the $71,(X)0 mail robbery loot taken from the Texas and Pacific railroad terminal ppHpraj AOPfltS Saifl To in Pori Worth early in 1932.    rCUUIctl HyCilU OdIU I U Both May and Stevens are serving 28-year sentences on Alcatraz Island. California, for their parts inj    KidOap    Plot Officials at Port Worth indicated ;        '• thev believe May can be brought! PHILADELPHIA. May 8.—<UP>— BIT.LETIN BIRMINGII.4M. Ala., May 8 — (TP)—.Amelia F.arhart was reported over Mobile, .Ala., at 1:03 p.m. today. MEXICO, D. F„ May 8.— Eager to blaze another new aerial trail, Amelia Earhart bopped off at 6 a. m. h ;re today on an attempted 2,100-mile non-stop flight to New York. The famed woman fli'>r, con- GREENVILLE. May 8—(UP)— Sylvester P Darden, 38, wwld war veteran, today was acquitted of mur-M 3 d 6 charges for the shotgun killing licated today a veto message of his wife, which he attributed to m the Patman bonus bill would an act of his 8-year-old son. Jackie    ^ congress within a Glenn, while the child was “sleep- : walking ••    ^ ' Darden    Overjoyed,    A while    before,    Speaker Darden, who was defended by his Jyma predicted that the house war-time captain, was overjoyed yould OVer-ride a VetO but that wh-n th, ),jror,    tll.d into the    court-    th. „„g,    ^ho room and M Brvan, the foreman,:    j    *    .    *    *v.*    j    *    • road    mo vordict    court w.,    open-1 »rM'tient.    A    two-third. voto u ed.    required to    paas    a hul over The Jury had reported to Judge presidential disapproval. Charle.s Berry last night that it    Pasiwd    Yesterday, deadlocked. Tlie court ordered the !    measure    for paying off the panel to continue its efforts to    is.Huing $2.000,000.000 of Surgeon Saves Mama Guppy n 20 Li’l Guppies CHICAGO, May g.—(AP)— A mamma guppy and her 20 little guppies owe their lives to Dr. Leonard S, Klein, a dentist who turned to piscatorial obstetrk;« and performed a Caesarian operation. "I could tel) that Mrs. Guppy wa.s suffering.’* Dr. Klein said, "and she was bulging at one side. 8o I took a ianee and made a slit about the size of a pin hole. The 20 babie« poured out Into the water." Officials at Shedd aquarium said the feat made piscatorial hLstory in that they knew of no previou.s case In which a tropical female fish survived such an operation. reach a verdict until this morning. Mrs. Pay Douthltt Darden was slain several weeks ago In her home at Caddo Mills, near Oreenvine. Darden claimed he wa.s awakened bv the sound of a shot and found new money wa.s passed yesterday by the senate. The hou.se previously had approved the bill, generally described as inflationary. At his press conference, Mr. Roosevelt declined comment on pas- queror of two OCeRUS, lifted her the boy standing beside his mother s Qf tjdi» immediate cash pay-lea'vily-loaded red monoplane bed. holding a shotgun. He said the nto the air after taxiing two «^wid was still asleep and n^ *1 n- - awakened until a physician arrived. Relatives of the slain woman and Be Investigating ! miles along the three-mile runway especially prepared for her and then circled to gain altitude. Heads Over Gulf - Once she was high enough in Mexico* rarifled atmospiiere, she headed straight across the 10.000-foot mountains between the capital and Tampico. Thence her course lay across 700 mUes of the Gulf of Mexico to New Orleans, After her landfall, she planned to fly stralgW for New York. She said it was ^ssible she might decide to go inland wer the Texas coast. Hardly had dawn broken over the field smoothed out for her by Mexican soldiers when Miss Earhart slip- frlends of Darden ralllwl to Darden’s defen.NC, asserting belief that he was Innocent. On the stand, Darden steadfastly In^stfd that the "sk*ep-w alking’’ version of the ktllhig was true, as he hpd told offkeng Immediately after the shooUng and had repeated btiore the grand Jud» which indicted him. He said he wa.s asleep in another room, with two other children beside him, when his wife was shot. Although the boy, Jackie Glenn, admitted he had failed to pull back the hammer of tlie .shot-gun while appearing before the grand jury, he readily demonstrated his ability to ment measure Inasmuch as he had not received It from congress. Little doubt wa.s left, however, that a veto awaited the leglslaticm and it appeared obvious that thia action would be taken quickly Mr, Roo.sevelt ob.served tliat he might not take advantage of the ten days allowed by the constitution for action on the bill. Recalling that there wert only "ninety votes in the house agairist the Patman bill,’’ Byms said "that number should be lncrea.Ned by veto, but probably not enough to stop the bill." In view of tire White House re-acucni. Senator Thomas (D-Okla) entered a motion as soon as the senate convened to rei'onsider the vote by which th© Patman bill was pa.v>ed In order that it could not be HUNTSVILLE. May 8.—«A^)—Penitentiary officials today discounted po6.sibilities erf court action or gu-bematorlal intervention and went ahead with plans for the execution early Friday of Raymond Hamilton and Joe Palmer, two notorious southwest criminaLs. The defiant Palmer already was resigned to his fate. Hamilton, who has packed innumerable crimes into his 22 years of life, clung to a faint hope but was quoted as saying he was “prepared to die ” in the event tire electrocution is held when scheduled. Palmer will walk to the chair after midnight tomorrow night. Hamilton, the one-time Clyde Barrow lieutenant, is due to follow 15 minutes later. the slaying before completing the ,    ^    BenedoU, "°StoîïnÎTppeHl from the death i *«®^her of Grover Cleveland Berg-sentence l.s still pending before the i doll, the draft dodger, following recourt of criminal atH>eals,    !    ceipt of notes demanding money on Arthur Lee Moore, attorney for i threat of kidnaping her four the two. announced he would file a motion for a rehearing in the May ______ _____ _____________ _____________________ .    _    do so when called as a witness in < sent to the White House today and back to Texas and electrocuted for , Federal and police today guarded    parachute    and    cllin^    the trial, i he pro.secuilon had , returned mimediaiely with a veto. '■    into    the big red monoplane she flew j    to    prove    that    it would have ' 'riioma.s explained to newspaper from Honolulu to Callforuia.    been Impos-slble for a child of his! men his motion would hold up ac- In the ship’s tanks were 472 gal- ■    ^ p^jj    the strong- i tion on the bill. He said several loms of gasoline and ^    Uy-tonsloned hammer, oil. The total load weighed 3.000 ^    child    said he remembered pounds.    „.    nothing about    the shooting.    He nf    ^iliiolate’    and    con-    1    «»W he had played “robbers    and    of- wifrr'Of Upflnm Jolco h.d boo.v »ff»"    “S' placed aboard    to stave off hunger    i    children during the    flight, which    she    estl-    i    neighborliood    He also sai See APPEALS. Page 11, Col. 4 McDonald Trial Opens Thursday Special to the Reporter BALLINGER, May 8.—Trial of C. P. McDonald. Abilene man under indictment on charges of murder and driving while intoxicated in connecton wth the death of J. WHEAT higher, renewed tn-ilation talk. CORN firm, May premiums tightening. CATTLE, steer» weak, top $16.15. HOGS steady, top $9.25. Dust Stirs Again GARDEN CITY. Kas.. May 8. (A^i —A five day dustless period ended today wiieii a brisk north wind stirred up the fine .silt in the dust bowl area and sent It skyward. Visibility here was reduced to a block Similar conditions were reported from Dihton. northeast of here, to Uly.sses. to the southwest. grandchildren. Neither Mrs. Bcrgdoll nor Berg-dolis 28-ye»r-old wife would comment. Police and officials of the departmriit of Justice bureau of investigation also refused to discus* the ra.se or to reveal the amount of money demanded. It was known, however, that police have been a-sslgned to the Berg-dol) mansion. Several federal a.cnta were repotted stationed within the house. The younger ' *rs. Bergdoll arrived from Germany a week ago with her four children, Alfred, 7, Emma, 6, Minna, 5, and Erwin, 13 months. She is visiting her mother-in-law , «■»  ......  .    case    was    continueu iiuiii me ¡ stay his execution. Miss O^nshaw. Ho^ton attorney. had ;ig Hberty under bond of $2.5001 Although more than $800.000 ... said .she probably would come here    murder charge and of $21101 prop^^tv was seized by the gnvern- today but she had not arrived at    driving while mtoxicated    when    Bergdoll etcapcd to count. The collision occurred about 10 o’clock at night at the eastern ap-prMch of the Colorado river bridge on highway 30. Forrest, 40. was crushed against the wiieel of his machine and died a few hours later. McDonald denied intoxication and reckless driving. aupporters of the Patman measure on both sides of the capttol .See B«»M S, Page II. i oL 5 P. Forrest of Ballinger in an auto-Reports persisted that attwneys •    to open sympathetic to Hamilton would fUe , xhursday morning in lOlst district an application for a writ of habeas 1 corpus, the ,r.nung ol *hlohmjlght; ^he c«* ..s continued from th'| “iding ouSe oref'tou    »“1    t°d    "" CamUle , November term of court. McDonald! ^ pardon her hu.sband in mated would require from 14 to 18 hours. Few long distence fllghUH have been started from Mexico because' of the difficulty of getting off the ground with heavily loaded planes at this altitude. While recognizing ihe danger of crashing, Ml.<«s Earhart expre.srcd determination to attempt the New York flight In order to “make up ’ for Ute failure of her attempted non-stop night from Burbank. California, to Mexico. A bug got into her eye when she in the lid he once got out of bed at hl.s father’s home, walked in his sleep across a railroad trestle to hl.s grandmother s home and went to bed there, without ever awakening. Darden was cited for bravery m action during the world war and was with the American army of «occupation stationed in Germany after hoBtilittes ceased OMNIBUS BANK BILL PASSED House Favors Making De posit Ins. Permanent .egislature's 72 Hour Rule Effective At Stroke of Noon AUSTIN. May .^t UP)—Father Time’s scythe today at noon swept out of the legislature all bills thkt Itave not been reported a house or senate committee. The rule bar-ruig unreported bills 73 hours before adjournment time went into effect. Approximately 300 bills died by this proc*dure. • • • Senate Passes Utility Regulation Bill Jas. H. Beall, Sr. noon. The Rev. Hugh Finnegan, Catholic chapiah) at the prison, paid a long visit to Hamilton and Palmer today and assisted them with preparations for their deaths. Lee Simmtm.., prison system gen- .Her HAMILTON. P*fe 14. ( ol, 5 Bergdoll eicap* Germany in 1920 after hi.s «onvlc-tion and sentence of five year.t im- See TURK.AT.N. Pagr 11. ( ol. 4 Head ol Boston Braves Declines Place on Bench and forced her to land. Carrie* Radio    i As she took off, she waved her j hand in farewell to the Uttle group of newspapermen, camera men and See n.IGHT, Page It. Col 4 Seven Hacked to Death By Burglars WABHINOTGN. May 8. Pro-j visions of the omul bits banking bill ¡ to make permanent the existing I temporary deposit liuHurance plan _ .    .    ! were approved today by the house. lliAC In \ XA/flfAt*    o“®    amendment    wa.s    propos- I-/lvo 111 kJ WCII.C1    of    the    bill,    which __  I    makes permanent t he pre.*,ent in- 8WEETWATER. May 8    (UP>-1 »uranre of bank depoalta up to James Henry Beall. Sr.. 78. Pio»®**" {^offered by Hepre.s<*ntatlve Hancock <D NC». tlie amendment would have Increased federal deposit In- Sweelwater lawyer wltose practice once required him to travel horseback or by buggy to emirt.s scat sura nee cor)X)ration board member- .red through We.t IVx., ne.r.y    ‘Z'    ;?';;;^r.h;'r?“en»;5 the New Mexico line, died today | be the t halrmau of the Recon.strur-after a week's lllne'*,    '    tlon corporation. Abilin* »nd vicinity—Partly cloudy to un»ett!»<J tonight *nd Thur*d*>, cooler Thur»d*y. W*»t T*xm* —W«»t of lOOth m«rtd>*n -Fair tonight an«*. Thursday txetpt unaat-tied and »omawhal cooler in Panhandle. Ka*st Texa* Eaat of KXKb meridian --Partly <iuud> to unMtttod tonight and Thumday. »lightly w»rm»r In »euthwaat and northcati portion» tonight; cooler In northwfit portion Thuraday. T»mp»raturM Tu»» W#d. p.m CATO AND OUTLAW FREED ON COURT’S INSTRUCTED VERDICT Judge Atwell Holds That Government Failed To Prove Charge of Conspiracy to Obstruct Justice COOL Dry Uv«rrno) W«, lh»nnom»l*f Ykalatnw kunrfdttv DALLAS, May 8—iA»!-«heriff W., F. Cato of Garza county, still facing a federal murder charge for the machine gun slaying of Spencer Stafford, federal narcotic agent, was free today of r* charge of conspiracy to obstruct Justice in the case. Acquitted with him by ar. instructed verdict offered vtfsterday by Federal Judg* William H Atwell were his attorney, N. C. Outlaw, and E. R Braddock, whose grand Jury testimony the government charged the three conspired to falsify, George WUltams, foreman of the grand Jury, and other government witnesses told th* cnurt Braddock on hifc first appearance before the inquisitorial body testified he saw the shooting of the agent at Post on Feb. 7 Later, they seid. he changed his I Story, tellmg the grand Jury he l‘ tlfied Braddock said Outlaw gave him a prepared .statement which said he witnessed the shooting. Judge Atwell granted a defense motion tor the instructed verdict after the government had clfXsed it« case on the ground that the prosecution had failed to make out a case. *T don’t see any case here," the court said. "The case is not against anyone for »hooting .someone We are trying these thr*e defendants for conspiracy to impede Justice. There has been no testimony here connecting Outlaw or Cato with any BOSTON. May 8 Fuch.s, president of Braves, said today he had been offered, and declined, a judge.ship. “I have been offered a life ap-' pointment, ” he said, “whereb, T I could terminAte the balance of my i day* In the line of my profe ‘ ' He said he had declined in order that he might devcAe himieli to "bringing a champioashtp ball to New' England ” Before entering baseball a df«ade ago, Fuchs was a magistrate in New York GEOROtrrOWN, BRHISH Gul-,ana. May 8.-’A’> Briti.sh Ouianas most shoi king crime of decades, m (J’f- Emil E. I which seven person.*; were hacked to the ‘ ton death by burgian who fled Into the He came here In 1883 H<* .served i m> county tax coilfctor, county Judge, and wa.* a member of the legi.slaturc in 1895. For many year*, he prwiiced in loot, remained partnership with hú» brother the HanctK’k i'ontended that .since the RFC already ha:> purchased stock in many bank.«, it .should have a rep-re.seiitatlve on the board that controlled bank deposit in.surHjice The amendnmnt, however, was rejected 70 to 8 after let» than 10 AUSTIN. May 8 -«UP>—A rival to the hou.se utillly regulation bill was passed by the Texas senate today. Whether any utility regulation will be enacted now depends upon a compromise. It was a foregone conclusion that the house will decline the senate bill -» a substitute Thia will result in appointment ot a free conference committee. Both house and senate plans set •up three-member state comml»8lor*s to regulate utilities rates. The house adopted the ••brain trust" bill drafted at request of Governor Allred by Dr. R. H. Montgomery. University of Texas economist The senate bill Is a combination of bills offered b>' Senators T. J, Holbr«x>k of Oalve.ston and Olan Ivan Van Zandt of Tioga Opp«Mi-ents call It the •‘bond and share" company Wll and say it follows standard bill drafted by the utility division of the American Bar A^-rlatlon Tlve house bill bases rates on "prudent investment"; the senate bill on •‘true Investment”. Sponsors say the true investment value Is reolaacenient cost less depreciation. The house bill omits regulation of municipally-operated utilities The senate biP reaulates municipal utilities If they operate in competition to privat utilities If the city wants to put in A competing utility, it must buy the private one If they cannot agr«N* on price the commission has tlie power to fix it. Tlie hou.He bill prohibit* rate raises until thev have been approved by the cominltólon The senate trfll per-mltB them, if the utility posts bond to pay refund* if the rate is not authorized. Tiie house bill gives greater authority over holding companle*. Tl»« senate bill lets the commlsston deride if the fee.» charged by such companies are fair Jungles with $2.hhh    ________ unsolved todav    |    »»t®    Warren    Beall, their firm being mi„ute.. of debate .i-j , »».    *;©»!!hv 11'ridPly kiiown m West Tex*s, S    —    -    --    — „11-' Survivors are hi* widoa, six ®>hl-; - -    In 85 year oW planter, and six mem-    snd    a    stsUT. Funeral services Mflll SOligtIt III held toniorrow. ^    Slaying    GIvcs    Up James R. Pratt Dies In Dallas bers of his household died at the hands of marauders who entered their home on Leguan Island, in the Ivb, Esaequebo river, early Monday. A 15-months-old baby was the only member of the family to e.scape death. Lnbranded Gas BOBltlN Two Killed In Slovenia Post Election Fights Rancher Killed By Range Boss EL PASO. May 8—(UP)’-John Miller, Hudspeth county ranch owner, died here today after being »hot in the head last night following an ‘WÊiâÊÙ to mt HÉbÉ." Williams tas-1 ita A£¡QUíTIAL, m« I*» OoL i GRAZ, Austria. May 8 (.P, -Travelers from Yugaslavla today brought reports that two persons' argument with Galeatino Marcado, were killed and 20 injured last his ranch foreman    In    an    argument of'uie\mgcd“false~teHtimony Offer-'    In post-election disorders at over money. ed    and    since    Braddock cannot    con- ’ ‘-h®    village    of Tschernembl, Slove-;    Marcado fled to Mexico ahead of spire    with    hlm.self he aUso is    entitled    ’^here    peasants rioted In    pro-    a    searching party of West Texas test    against    the vote count.    deputie.s The offtcerii said he took This was    believed to be the    first    s    horse from the ranch and a waJiet instan**e of serious election disorders containing $155 from Mr. Miller, in Bfovenia, although disturbance* | There were    no    witnesses    to    the in Croatia have taken several lives, i slmoting. Mav 8 </1 Price Up a CcnL»'““-- jKYllce for que.stlonlng in connec-—    !    tion    with    the    finding    of    a burned DALLAS, May 8 (A'i -Officials of jrijj battered b«xly in his automobli# DALLAS. May 8. m—Jamm Reece Pratt. Jr . of San Angelo, former secretary - treasurer of th# Frank dl 1 regional Agricultural Credit Corporation at both San Angelo and Fort Worth, died in a hospital here today He also fm*merly lived at Stamford the Texas stabilization committee declared today the price of unbranded gasoline had been advanced one cent generally over the .state, making the minimum 18 cents In most instances. W, F. Moore, secretary^ said vlr-tudlly all Dallas Independent station* were selling at the 12 and 13-cent levels, while major companies sold at 13 cents. to go free Braddock. on whom the government had relied as a chief proseru- INSI RANGE MAN DIE8 HAR’iTORD, Conn May 8, (fl’i-Archlbald Ashley Welch. 75. presl dent of the Phoenix Mutual Life' and the infants a ere doing splend- in Hudson, Ma.v-,., on Monday, surrendered to police His son, Anthony, already ha* been charged with murder. Twin Sons Born to Richard Dtxes HOLLYWOOD, May 8. (A»)~Twin boys were born today to Mr. and Mrs Richard Dlx of the m>vle», •Tm Just twice as happy as I thought I’d be." Dix said Dr Clifford McKee said Mrs Dix SAN ANGEL/>, May 8 —(A*)—J. R. Pratt. Jr.. who died at Dallas this morning, had been secretary-treas-urer of the Texas production cred-it corporation here since March, U34 He became chief executive of the corporaticwi last January when Guinn WiUlams reslgried and was succeeded by J. T. Davis of Sterling City Pratt was bci«i in Ferris. Ttxaa. Feb. 2, 1897, moved to Stamford in 1905, was graduated frtxn high •cl'tool there and from Southern Methodist University He formerly wa* vk e-presldent of the Stamford Insurance company an important i idly. Mr.». Dix 1» the former Virginia ^k and lator vic«;president of me figure in th* life in'iuranee field. I Webbter and once Ihi actor’s secre-died at his home here todajr. $arv. First State Bank of Stamford. The 1 widow and sen. Jaiiiee PratL «irvlm ;