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Abilene Reporter News (Newspaper) - April 20, 1954, Abilene, Texas PARTLY CLOUDY, MILDWijn Abilene 3l^porter-'J^ttisi''WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES Byron MDRNING VOL. LXXIII, No. 308 A$sociat*:d Press (AP) ABILENE, TEXAS, TUESDAY MORNING, APRIL 20. 1954—TWENTY PAGES IN TWO SECTIONS PRICE DAILY 5c. SUNDAY lOc POPE GIVES HIS BLESSINGS—Pope Pius XII, 78-year-old leader of the Roman Catholic Church, appears on the central Loggia of St. Peter’s Basilica in Rome to give his blessing, “Urbi Et Orbi”—to the city of Rome and the world—on Easter Sunday. A throng, estimated at 300,000 to 400,000 pe ople, gathered to give him a great ovation. Shortly before in a speech to the world, th e Pope appealed for the outlawing of atomic, biological and chemical warfaree. He urged international agreements to banish “new destructive arms of unprecedented violence.”    _ Chain Beating Told by Sheriff At Trial of Roby Jail Escapee LUBBOCK, April 19 The Fisher County Sheriff, still Roby jail-breaker Amos Benny Bol-, bearing marks from a beating ad- ton. 22, went on trial here Monday. The jury was completed at 4 p.m. Sheriff R. L. (Bogue) Wilkins was the first to testify, called by the state as testimony opened in the dramatic trial. ministered last Dec. 15, at the hands of Bolton, and two other youths, described the attack. The trial was moved here on a change of venue from Fisher County.    ' Bolton is charged with assault Dulles Declares American Troops in Indo 'Unlikely' AUGUSTA, Ga.. AprU 19 President Eisenhower and Secretary of State Dulles evaluated “the menace of Soviet communism” today, and the Cabinet officer later declared it is “unlikely'' American troops will be sent to Indochina. Dulles said the violent battles being waged in Indochina are not creating any spirit of defeatism. Man, 28, Shot In Front of Rotan City Hall ROT AN, AprU 19 (RNSi — C. M. Underwood, about 28, was critically wounded about 7:45 p.m. Monday in frtjnt of the Rotan City HaU. Chief of Police B. H. Connally ■aid Undei*wood “shot himself.” Underwood, son of Boy Underwood, Rotan nightwatchman, was sitting in the latter’s pickup in front of the city hall when he received the wound. Boy Underwood told Reporter-News correspondent Oleta Parker that he had pleaded with his son to give up Uie gun shortly before the shot. The elder Underwood was standing outside the pickup on the driver's side. C. M. was sitting on the right side next to the curb. The father said the impact of the bullet knocked his son from the pickup. After the shot C. M. Underwood got up and walked around to the rear of the city hall, his father related. The nightwatchman said his calls for help were answered by Melvin Thorn. Thorn stopped the wounded man and took him to his car. The elder Underwo<xi drove his son to Callan Hospital in Thorn’s car with Thom in the rear aeat with the shot victim. The wounded man’s condition 1» “critical." a ho.spital spokesman said Monday night. The bullet entered through the left breast and came out just to the right of the left shoulder blade, the physician said. Ballinger Police Hunt for Man Who Fled Courthouse BALLINGER. April 19 — Officers were searching Ballinger Monday night for a Negro who walked away from Runnels County courthouse where he was being questioned concerning the disposal of mortgaged property. The escapee was identified as Jerry Lee Green, about 26. T. W. McEntire, radio operator at the city police station, said Green had been locked up at the county jail located about 75 yards from the courthouse. He walked away about 3:30 p.m. Monday after while being taken to the courthouse for questioning by gherlff’i •fflceri, McEntire said. “On the contrary,” he said in a prepared statement issued after an hour-long session with the President, "they are rouslne the free nations to measures which we hope w'ill be sufficiently timely and vigorou.s to preserve these vital areas from Communist domination.’ The secretary w'as referring to United States efforts to build a Pacific defense alliance against the spread of communism. Newsmen’s questioning of Dulles about whether there is any “serious possibility” of American troops being sent into Indochina was prompted by Vice President Nixon’s statement last Friday. After today’s session with Eisenhower the first question put to Dulles at a news conference was whether he felt there is any serious possibility of U. S. troops going to Indochina. "I think it is unlikely,” he replied quietly. Asked whether he was speaking for the President, the secretary said no—only for himself. He said later he didn’t think the troop matter had been discussed at his meeting w’ith Eisenhower. Dulles’ assertion he regards dispatch of American troops to Indochina as unlikely was his first expression on the matter since Nixon spoke with Intent to murder with malice in the beating given the popular west Texas sheriff. Defense attorneys Alexander Mc-Nabb of Dallas. Clay Coggins of Roby, and Murray J. Howze of Monahans indicated they would trv to show that Bolton was being held illegally,    y In questioning the prospective jurors, the attorneys said they would show that the youth was “illegally arrested, illegally restrained, and was using such force that seemed to him to be necessary to relieve himself of such detention and restraint.” How’ze said the defense would center around a defensive wanant for the arrest of the defendant Bolton. Wilkins, 55, who has been sheriff for 16 years in Fisher County, has been a peace officer for more than 20 years. He testified that he jailed lour men for burglary about Nov. 21, 1953. They were charged with burglarizing the C&C Drug Store in Rotan on Nov. 17. He identified the four as Bolton. •Tohn Tarlton, 21, of Snyder, Huey Jack Pitts, 21. of Dallas, and Floyd Gilbert, 18, of Snyder. Pitts and Tarleton fled the Fisher County jail with Bolton on Dec. 15. Gilbert did not participate in the break. Wilkins said he carried some candy, cigaretes and matches to the second floor of the jail on the day of the break. •‘Some of this was for this man,” Wilkins said, pointing out Bolton. He said he asked them about a possible w'eapon, but the men denied they knew anything of such a weapon. He was in the process of moving Tarlton, Gilbert, and two other prisoners, Johnny Porter and O’Neal Jones, to another cell, when he was attacked. Tarlton, slow’ almut coming out of his cell, opened the attack, the sheriff testified. He made as if to See SHERIFF, Page 3-A, Col. 4 Ex-Commie PW Pleads Innocent WASHINGTON, April 19 (Æ1—Cpl. Edward S. Dickenson pleaded innocent today to charges that he lent himself to enemy propaganda u.se, and turned informer on fellow prisoners of war In Korea, to win favorable treatment for himself. The 23-year-old Cracker’s Neck. Va., soldier — who once decided to stay on the side of his Red captors, but changed his mind and came home — entered the plea at the first court-martial of Its kind in American military history. His lawyers contended the Army broke faith with Dickenson by hacking down on a promise of immunity, and also that Army officials have instructed pro.spective witnesses not to cooperate with the defense. The Army came back with a detailed list of charges against the slightly built, round-faced soldier. One of them: that he “squealed” on a fellow prisoner who was planning to escape with the result that the Communists tortured the man and three times led him before a firing squad. Dickenson, wearing his Army uniform, flashed a big smile at his recent bride when she entered the small, maroon - carpeted courtroom at the Ft. McNair post exchange. Otherwise his manner was calm and intent as he heard his attorneys make one futile plea after another for dismissal of the charges. Guy Emery, a retired Army eolonel turned lawyer, said Dickenson had been “promised immu- nity” through official pleas to American POW’s to change their minds and seek repatriation. “Strong assurances were made by spokesmen In Washington, inviting the prisoners to come home, that no harm would come to them,” said Emery. “If these specious promises were merely propaganda, why didn’t the Army repudiate them” Col. C. Robert Bard, in charge of the prosecution, told the eight-ofñcer court that the appeals directed at Allied pri.soners of war carried no “absolution of sin.” Dickenson is charged specifically with; 1. Corresponding and holding intercour.se with the enemy in violation of the uniform code of military justice ~ spreading false “germ warfare” and other Communist propaganda stories. 2. Informing on Pfc. Edward Gaither of Philadelphia, a fellow POW, by disclosing Gaither’s plans to escape. Gaither got seven months of solitary confinement, as well as trips before a mock firing squad. 3. Informing on Cpl. Martin Christensen of LlberL ville, 111., by telling the Communists he possessed a gun Christensen was jailed and beaten. This is the first time anyone has been brought to trial on the charge that he obtained favorable treatment from enemy captors to the detriment of fellow prisoners of war. i Assistant FHA Chief Won't Talk to Probers Hits Committees As 'Grand Inquest' Murder Indictment Returned by Jury The 42nd District Court grand jury, which met Monday, recessed until May 17 after returning six bills, one for murder. Ellis Harold Rogers was indicted for the murder with malice aforethought of Ernest Nixon on April 11 in a crap game in northeast Abilene. James Cleveland, alias James C. Williams, was charged in another bill with unlawfully possessing a narcotic drug, to wit, marijuana, on .April 7. Two burglary indictments were in the batch of bills. Glen Roach was charged w'ith enferring a house belonging to Bob Henna on April 4; and Bobby Dobbs and Arthur Stepp were indicted jointly in a single bill for burglary on March 22 of a house owned by W. D. Car-riker. Two child desertion bills were brought in. Elmer O’Keefe was charged with child desertion in one count and for wife de.sertion in the second count of Feb. 22 of an indictment. The jury questioned 33 witnesses during the day. It began work at 9;30 a.m. after being briefly addressed by Judge J. R. Black, who told them the function of a grand jury was not to try a case but to bring in Indictments. “The whole system of justice depends on the grand jury,” h# stressed. John Hembree and M. N. Oldham were bailiffs. The grand jury panel lacked one member when it was being empaneled Monday morning. A fit-in was Howard Fry. of 902 Albany St., who had been called for petit jury service. Johnny Cox, Route 3, Merkel, was foreman. Other members were James M. Binion, 1841 Sycamore; A. P. Warford, Everett Grant, both of Lawn; L. P. Halbrook, Dever-el Teaff, both Rt. 3, Merkel; R. M. Ferguson, Merkel, Edgar Brown, Route 1, Tuscola: Dub Wofford, 1834 Hickory St.; J. H. Bush, 941 Graham; Jerome D. Vannoy, 1957 South 16th St. Shivers Stops Rumors; Hell Seek 3rd Term AUSTIN, April 19 (/P)—A terse two-line statement today put Allan Shivers into his third race for governor, but friends of House speaker Reuben Senterfitt ran into legal difficulties when they sought to file his name as a candidate. Shivers is seeking his third elective term as governor. His action in running three times in a row is unusual, but other governors have sought three elective terms. Mrs. Miram A. (Ma) Ferguson tried five times: in 1924, 1926, 1930, 1932 and 1940. A petition seeking to have Senterfitt’s name placed on the July 24 Democratic primary ballot was rejected by George Sandlin, secretary of the State Executive Committee. here today on grounds it was improperly prepared. He said among other things it failed to include the endorsement of the candidate, giving his consent, as required by law.    , The petition was signed bv more than 25 citizens and was accompanied by a cashier’s check for $600, the filing fee. A Democratic committee spokesman said there was no effort to block the filing, but that applications had to conform to legal reouirements.    , But Senterfitt was regarded as a certain opoonent tor Shivers. Ralnh Yarbrough of Austin, beaten by Shivers two years ago, was also expected to get into the race soon. Shivers brief announcement, released by his press secretary’ today said “I will be a candidate for re-election as governor of Texas suhiect to the action of the Democratic primary on July 24, 1954.”_ World Conclave lor Atomic Energy Peace Use Planned progress made on Eisenhower’s proposal for setting up a “world atomic bank” for peacetime uses LOS ANGELES, April 19 (iW— Lewis L. Strauss, chairman of the Atomic Energy Commission, announced tonight plans for a conference of the world’s leading scienti.st.s later this year to search for peaceful uses of atomic energy. Strauss said President Eisenhower will ask a national U. S. scientific organization to arrange the gathering—the first of its kind in this atomic-hydrogen age. No specific date was Indicated for the session. The purpose of the meeting, in Eisenhower's words, the AEC head said, will be “to hasten the day when the fear of the atom will begin to disappear from the minds of people and the governments of the East- and of the West.” Strauss disclosed pians for the International conclave In a speech prepared for the Ix>s Angeles World Affairs Council. He mentioned it only briefly In telling of IHEWEATHER U. S. DIPART.MENT OF COMMERCE WEATHER BIREAU ABILENE AND VICINITY — Partly cloudy and continued mild Tuesday and Wedneiday. Hlfheat temperature Tuesday In the htfh SOa Low Tueaday nl*ht S0-«5 High Wedneaday In hlfh 80a WEST TEXAS: Partly cloudy Tueaday and Wedneaday; widely icattered thund-erahowera In the Panhandle Tueaday night and Wedneaday. Warmer In the Panhandle and upper South Plains Tueaday, turning cooler In the Panhandle Wedneaday. TE.MPERATCRES Men. A. M,    Men.    P. M. 70 ........... 1    30    ............ M 68 ............ 3:30    ............ 88 68 ....... .... 3 30 ............ 87 «4 ............ 4    30    ............ S8 83 ............ »    30    ............ 67 63 ............ 8:30 ....... .. . 88 68  ....... 7;30    ............ 80 67 ............ I    30    ............ 78 71 ............ »    30    ............ 77 74 ............ 10    30    ............ — 79 ......... .. U .30 ............ — 81 ........... 13:30    ............ ~ High and low temneraturea for 34 hours ended at 6.30: W and 83 High and low temperatures same date laat year: 83 and 35. Sunset last night 7:10 p. m Sunrise today 6 05 a.m. Sunset tonight 7:13 p.m. Barometer reading at 8:30 p.m. 36 06. Belativa humidity at 8.30 p. m. «3 per erut. of atomic power. Haskell Names Johnny Adkins Police Chief HASKELL. AprU 19 (RNS) — Johnny Adkins, former deputy sheriff and more recently manager of a Haskell gin, was appointed HaskeU Chief of Police at a special meeting of the City CouncU Monday afternoon. Adkins will assuma his duties Tuesday. His appointment fills a vacancy existing since the resignation of former Police Chief Brooks Middleton on March 1. Middleton is now a member of the City Council and is the City Police Commissioner. Adkins was named first deputy under Sheriff Bob Cousins in January of 1949 and served some two years. He resigned to become manager of a local gin. He served again as deputy sheriff for several months last summer. Other business transacted at the council meeting included the approval of a $1,000 grant from the park fund for building approximately 1.000 portable seat.s for use in the city park and fair grounds and for other civic events. A street Improvement project which calls for widening the streets around the courthouse square also was discussed. The proposed project will be ouUined at a public meeting to be held sometime this week. District Highway Engineer Jake Roberts of Abilene, and other engineers will be asked to be present and givt their vlewa on tht project IKE AND DAVID’S STUNT — Now we will do our stunt President Elsenhower said to his little grandson, David, as he clapped his hands and David whipped out from under his coat a big six-shooter cap gun and cut loose with a baiTage of “shots” at the crowd of photographers who were there to make their pictures in Easter clothes at the Augusta, Ga., National Golf Course where the President U spending a vacation. Parr Drops Suit Against Ranger Allee BROWNSVILLE, Tex.. AprU 19 (yPl—George B. Parr today asked that the assault to murder charge against Texas Ranger Capt. Alfred Y. Allee be dismissed. It was dismissed. Parr told Dist. .^udge Arthur Klein that as complaining witness it “is my desire not to further prosecute the case.” The complaining witness holds no ill will or any resentment or any kind of ill feeling and I’d like to see the case against him dismissed.” Allee and Parr shook hands after AUee got up and said “I’m sorry the case came up but I want you to know I was doing my duty as a peace officer.’’ He addressed this remark to Judge Klein. The state and defense attorneys agreed to the dismissal although Cameron County Atty. F.T. Graham complained “It looks like you’re making a football out of justice when you come down here to try a case and then everybody gets together and makes up their difficulties and says ‘let’s dismiss it.’ WASHINGTON, April 19 (/P)—Clyde L. Powell, an assistant chief of the scandal-rocked Federal Housing Administration, refused to answer questions at a Senate inquiry today and left with a blast from his attorney accusing congressional committees of setting themselves up as “the grand inquest of the nation.” Powell invoked the 5th Amendment, claiming possible self-incrimination in balking at questions as the Senate Banking Committee began investigating charges of multimillion dollar irregularities in connection with the government’s housing and home loan programs. Powell, who has served with the ' FHA since the mid-1930s, was subpoenaed after he refused to appear voluntarily. He had resigned his post April 5, but the resignation was held up when the housing scandals broke into the open last week. Statement Given Powell’s lawyer. Daniel B. Maher, handed newsmen a statement as he left the hearing room with his client. Without saying who had given the advice, the statement said Powell had been advised that If he permitted the Senate committee to question him, he would lose the rights of a grand jury Investigation and the disclosure of unspecified charges against him. The statement continued: “He (Powell) has been further told that congressional committees, instead of confinyjg themselves to their proper function, have in effect constituted themselves as the grand inquest of the nation, acting as informers, witnesses, prosecutors, judges and juries; all of this under the guise of exercising a legislative function. "He has been further advised that to one like himself who values his reputation, the injury from Joe Appears To Be Winner On Hearings WASHINGTON. April 19 Sen. McCarthy (R-Wis) apparently came close to victory today in his fight for the privilege of cross-examining witnesses at public hearings Into his clash with top Army officials. The question was threshed out at a four-hour closed meeting between McCarthy and four other members of the Senate Investigations subcommittee. And, while the outcome was not announced, there w’ere these indications McCarthy was getting at least part of what he Wanted: 1. Acting Chairman Mundt (R-SD) told newsmen “It now appears ur» lim    wx:    aujvtaj    ** .''"livery definite” the televised bear- slanderous statements and 33*31^*^ \ ings will get under way as sched-accusatlons ... is immeasurably    ^ (EST) Thursday, more disastrous than any punish- —    —u^a ment available to the government when Imposed by a court.” During Powell’s brief session in the witness chair. Chairman Cape-hart (R-Ind) asked whether his refusal to answer applied to all questions "no matter how innocent or simple.” Powell indicated it did. Capehart said the committee was interested solely In getting the benefit of Powell’s long experience In FHA operations, as a guide to possible amendment of the law. “I think you may be making a mistake,” Capehart told Powell, “but this is your privilege.” Powell’s refusal to testify came after Guy T. O. Hollyday, former Baltimore banker, expressed bewilderment as to why President Elsenhower fired him as FHA commissioner. Hollyday Testified Testifying w'lth a display of frankness that won plaudits from some committee members. Hollyday said he knew when he took office a year ago that “unscrupulous promoters” were at W’ork in the field of federal loans on housing. He said he put through new regulations last Diec. 1 designed to prevent the fleecing of loan seekers, and ousted 45 FHA employers — one of whom he said w’as involved in “a very serious allegation” of a 110,000 transaction between an FHA official and a builder. The case, he said, has been turned over to the Justice Department. Hollyday was the lead-off witness as the Senate committee began digging into charges that builders raked In as much as half a billion dollars In “windfall” profits under government-I n s u r e d loans for apartment house projects. To aid the Inquiry, President El- Sat FHA, Pagt 3-A. Col. 8 The cross-examination dispute had threatened to delay them. 2, McCarthy himself said he hasn’t changed “materially” his position that both he and his Army antagonists should be allowed to cross-examine. Asked specifically if he intended to claim “any of the privileges of cross-examination," he replied: “I haven’t resigned yet from the Senate.” His meaning apparently was that, as a senator, he can ask questions. McCarthy already has turned the subcommittee chairmanship over to Mundt for this inquiry. Some members have been insisting he go further and get off the subcommittee entirely while his dispute with the Army officials Is before It. Mundt said final rules for the hearings will be put to a vote of the full subcommittee tomorrow, when one or perhaps both of the Democrats absent today will be able to attend. In the meantime, Mundt said, it wouldn’t be fair to the absent Democrats — Senators McClellan (Ark) and Jackson (Wash) — to discuss any matters Ironed out at today’s closed session. Those who did attend the meeting were McCarthy, Mundt, and Senators Potter (R-Mich), Dfrksen (R-IID and Symington (D-Mo). NEWS INDEX StCTION A Womtfi's iitwt . Oil news....... Sports . .    ...... SECTION R Editoriols .......... Comics ........... Form nswt ........ Rodio A TV lof..... . . 4-5 . . 6 10-11 ... 2 3 ... r ... • Colorado City Gun Battler Convicted, Gets 1 Year Term By T. J. GOSS II Reporter-Ntws Correspondent COLORADO CITY, April 19, (RNS) — David Leach. 28-year-old police character, lost another legal bout Monday. A 12-man Mitchell County Jury found Leach guilty on a charge of assault with a prohibited weapon, and recommended that he be sentenced to one year In the pen. The charge grew out of a running gun battle here Jan. 16 with Colorado City police. The assault was ui>on Police Sgt. Leon Yeager, who hai since become chief of police here. Escaped Battle Leach escaped in the gun battle, which took place about three miles southwest of town, and was later found In the home of a Colorado City Negro woman. Yeager testified that police here had been locking for Leach for two weeks. He said they had a notice that the sheriffs department in Big Spring had a warrant for his arrest. He said be was in pursuit of the car, in which Leach was riding, from the time it left Tom Keeling’s home, until it turned over. Leach waa aecomoanied by KeeL e Ing, and former Police Chief Dick Hickman. After the fleeing car overturned, Yeager said he helped Hickman and Keeling from the automobile, and Leach threw open the door and came out in a squatting position. “Drop It Yeager, and I mean drop it,” Yeager quoted Leach as shouting. Stories Varied The stories here varied somewhat. Leach testified that Yeager said, “Please don’t shoot me. I’ve got a wife and two children.” Yeager said insofar as he knew, he fired the first shot. He said he saw Leach fall, and then seconds later, Learh began firing at him. Officers Dave Shackelford and Melvin Browne aaid they were under the impression that Leach fired the first shot. Leach teatlfled that he first noticed that he was being followed by the officers when he heard that siren near the Col-Tex refinery (2 blocks west of cltly limits). He testified that he turned off on Highway 80 cutoff to Highway 101. At the end ef the eutott w|ich is about two miles, he said he put on his brakes and the car overturned. Defense Attorney Dell Barber asked him If he had a gun. In reply, he said he had one that he thought had fallen out from the seat of the car. * He said he merely shot at Yeager to warn the policeman away. He said he shot into the air over his head. He told District Attorney Eldon Mahon that he had been up all night, and that he and Hickman and Keeling had driven nearly to Big Spring and returned. He said he lost his nerve. Leach had testified earlier that he was on his way to Dig Spring to give himself up to the Sheriff, He said Hickman and Keeling had talked him into going to Big Spring. The case went to the jury at 8:45 p.m.. and they returned with ttie verdiolt at 10. Judge A .S. Mausey pronounced sentence of one year In the pen to run concurrently with two four year terms, which Leach recently received at Big Spring. Barber told the judge that he would not appeal the eoi^ctloin. ;