Abilene Reporter News (Newspaper) - August 4, 1954, Abilene, Texas
DRYWf)t Abilene ^porter moSíÍng'WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES"—Byron
VOL. LKXIV, NO. 46
Auociated Pre$$ (AP)
ABILENE, TEXAS. WEDNESDAY MORNING, AUGUST 4, 1954—EIGHTEEN PAGES IN TWO SECTIONS
PMCE DAILY 5c, SUNDAY 10«
Ex-Convict Given Life For Drowning Boy, 16
37 Escape Death As Plane Crashes
PRESTON, Conn., Aug. 3 (it’'— Thirty - seven passengers and crewmen, among them two babies, cheated death today in a terrifying crash of a big transatlantic Constellation battling rain and a low ceiling.
The Air France four - engine plane, bound for Mexico City from Paris via New York, crashed on an isolated farm. It then burst into flames and burned furiously for two hours.
LACKING A QUORIIIVI—Kent County Judge John Montgomery, left and County Commissioner W. R. Rodgers of Jayton, look over the recent mandate officially declaring Jayton the county seat. The two men were the only ones attending a speciafmeeting of the County Commissioners Court in Jayton Tuesday afternoon. (Staft Photos by Don Hutcheson) _______
WHERE IS THE COURTHOUSE?
Kent County Officials Split Into Two Camps
BY Ol.ETA PARKER RpporU*r-,N>ws (’«rrespondent
JAYTO.N, Aug. 3. tRNS 1-Former county judge Euel Harrison of Clairemont, summed it up pretty well last Saturday with the statement—"You might quote me that I think the county is in a slight state of confusion."
"The .state of confusion" came to a head Tuesday when members of the Kent County Commissioners Court split into two distinct factions, neither giving an inch on the issue at hand.
Y here—legally speaking is the county ctiurthouse?
In Clairemont—where the old red-stone courthouse building was stripped of all of its legal records and equipment last Thursday night —or in Jayton—now county seat— and where the records artd officials are now housed in the old National Hank Building.
Courts to Decide Wild is right? Both sides admit that it will probably take the courts to decide the matter. Efforts at conciliation on the matter were made by County Judge John 11. .Montgomery in Clairemont Tuesday morning Neither side would give an inch.
Holding out that Jayton is the place lor legal transaction of business by the court because of the fact that a commissioners court must transact official business only in the county seat is Judge Montgomery and one of the commissioners, W. H. Rodgers of Precinct I, Jayton.
Contending that the courthouse in Clairemont is still the official spot to transact business of the court are the three other commissioners, Jim Wyatt of Girard, Pet. 2; A. C. Cargile of Tolar, Pet. 3; and Mark Cave of Clairemont, Pet. 4. The three base their contentions on the fact that the court has not a.s yet de.signated a place for courthouse quarters in Jayton,
The three commissioners were advised by an Abilene attorney, Dallas Scarborough, last Saturday that proper and legal procedure in the matter of moving the court-
house records and equipment had been violated.
The three have refused to enter the new quarters in Jayton since the move last Thursday night. Judge Montgomery summoned the court to an informal discussion .session Tuesday morning, and the unofficial meeting WdS held in the empty courthouse in Clairemont. The three commissioners would meet no where else. Since the judge held that the old courthouse was not the legal place to meet, the judge would not call a special session there.
The meeting ended at noon with the judge calling a special session of the commissioners court at 4 p.m. Tuesday in his temporary office quarter.« in Jayton. Judge Montgomery’s quarters are in a
building back of the bank building. The three told the judge that they would confer by telephone with their lawyer on the matter of attending the session in Jayton and would follow his advice. About 3:30 p.m. one of the commissioners, spokesman for all three, called the judge and informed him that they would not attend after having been advised by their lawyer.
The only members of the court present were the judge and Commissioner Rodgers, Being less than the required quorum, the meeting could not be held.
The three absent commissioners do not question that Jayton is the legal county seat of Kent County. That matter was settled without further recourse by law by a state
ROAD BLOCKS USED
Armas Says Defiant Army Surrenders in Guatemaia
GUATEMALA, Aug. 3 li^Presi-dent Carlos Castillo Armas announced tonight that defiant army units at nearby Aurora military base surrendered to an ultimatum by the ruling military junta.
The junta sent out units of the president’s honor guard to block all roads to the base four miles from the center of the capital and threatened to attack the dissident forces if they did not yield to the ultimatum.
.Not Necessary Castillo Armas said it was not necessary to launch the attack in view of the surrender by the Aurora garrison, which apparently had continued to oppose the regular army's agreement with the ruling military junta.
Earlier, a junta spokesman had announced the base actually was under attack.
Castillo Armas said the army
now is in complete control throughout the nation, and that "absolute calm” prevails.
The junta head said the commander of Aurora base, Col, Gabriel Sandoval, and the second in command, were called to the presidential house and taken prisoner. Col. Ramon Gonzalez was placed in command of the base.
Planes Swoop Low Planes swooped low over the restive capital before the attack was announced, as thousands of Armas supporters—many in deep mourning — demonstrated against the army pressure which brough^ disbandment of the president’s irregular "liberation army.”
Then, as the attack was announced, the planes disappeared. Armed units blocked off all roads leading to the base, four miles from downtown Guatemala. The size of the force at Aurora is not known.
appeals court last Wednesday. The mandate certifying the action was received last Thursday from the 11th Court of Civil Appeals at Eastland. According to legal procedure the commissioners, court, either in the next step would have been for regular or special session, to provide quarters for the court records and offices for the county officials in the county seat.
Thursday night after the mandate had been received that morning without knowledge of the commissioners and without legal action on their part, the records and courthouse equipment were moved to Jajdon and set up in the bank building.
Two moving vans from an Abilene firm were in charge. As the vans moved down the highway, on the 14 miles from Clairemont to Jayton. escorts consisted of four Highway Patrol units, the Kent County sheriff department, and a number of other peace officers. There was no violence.
Who Ordered .Move?
Judge Montgomery said Tuesday that he did not order the move and that none of the other county officials ordered it. He said he did not know who arranged for the moving vans or who was responsible for the sudden move. He said he heard of the impending events in street talk in Jayton about an hour before it actually occurred, and that he made haste to provide adquate escort in order to protect county records and property.
Sheriff Jim Montgomery of Kent County, a brother of the County Judge, w'ould neither affirm nor deny that he asked for the escort.
The judge and Rogers remained in the former’s quarters until after the hour set for the court meet had passed Tuesday afternoon. Then the judge issued this statement: (1) Location of the courthouse (2> Determining if the move was illegal?’”
The judge said it would be a matter for the district court to decide.
Judge Hints Action
He added. "I think it is my duty to get this county commissioners, court functioning again as soon as possible. Whatever legal procedure is involved, I shall follow.” Montgomery added that next
Twelve were listed as hurt, but half of them only superficially. Among the most seriously injured wa.s the pilot, Capt. Jean Caboche of Paris. There was fear he would lose his left leg.
It seemed miraculous that no one was killed.
Caboche had guided the big plane to New York's Idlewild Airport, its immediate destination. Turned back by the weather, he was groping for a landing place when the plane came down in this small eastern Connecticut town between Norwich and New I.^ndon, about 130 miles from New York.
Three Civil Aeronau^jcs Authority investigators, including Joseph Fluett, head of the Safety Bureau, hurried to the scene in an effort to determine the cause of the accident.
Back Into Air
The plane, skidding along on its belly, gouged a track across a field for about half a mile before it rose again into the air.
It then sheered off the top of a row of trees "as if some one had clipped them with a giant scythe,” a witness said, smashed into the ground again and skidded through the yard of the home of Valentine Sebastian.
By a bare 50 feet, a wing tip missed the porch where one of Sebastian’s small twin ions was playing.
As it hurtled on. the plane slammed through a small outbuilding containing an automobile, which was demolished.
No sooner had the plane finally come to a halt than flames appeared on one of the wings.
Dazed and bewildered, passengers scrambled to the field before the fire reached them.
Carried to Safety The seriously injured, including Capt. Caboche with a severe ccmh-pound fracture of the left leg and a dislocated hip, were carried to safety.
A 25-year-old Guatemala City physician, Dr. Horatio Polanco, suffered a broken neck. He was paralyzed from the waist down.
OLIN CULBERSON . . « plans retirement
Olin (ulbenon Will Retire at End of lerm
Related story on Pg. IB
THROCKMORTON, Aug. 3 -Olin Culberson, member of the Texas Railroad Commission since 1941, said Tuesday he will retire when his present six-year term ends in four years.
Culberson spoke at the opening of the Manning-Harrington Unit Y'ater Flood Plant and Inj#ctU>n Plant six miles northwest of here.
The commissioner said he would continue te make his home in Austin after retirement.
Culberson announced in March, 19S0, that he would be a candidate for governor. A heart attack the following April knocked him out of the race.
He had announced in 1950 that he would conduct a hard-hitting campaign against the "run-away” cost of state government,
Culberson. 67, a native of Hillsboro, has long been an enthusiast for the conservation of Texas oil. He has insisted on West Texas crude being bought on the same basis as crudes from other areas.
Half-Billion In Aid Cut
See COURTHOUSE. Pg. 2-A. Col. 5
SITTIVG THIS ONE OUT-—Commissioners Mark Cave of Clairemont, Jim Wyatt of Girard, and A C. Cargile of Tolar, from left to right bolted the special county commissioners court meeting Tuesday afternoon and remained in Clairemont, the form-•r county seat.
«. 8. DEPARTMENT OF COMMERCE WEATHER HI REAP
ABII.ENE AND VICINITY — Continuwl hot and dry through Thursday. Maximum afternoon temperaiurat both daya near 100, Low Wedneaday night 78.
NOKTH CENTRAL TEXAS - Clear to partly rioudy and hut WiKlneaday and Thursday I acattered thundershowars in extreme north portion late Thursday.
WEST TEXA.S — Partly lioudy and warm Wednesday and Thursday with widely sratteied thunderstorms EAST TEXA.S — Clear to partly cloudy and warm Wednesday and Thursday; a few isolated aOemoon thundershowers, SOUTH CEm'RAL TEXA.S - Clear to pertly cloudy and warm Wednesday and Thursday.
1:30 ............ 95
J.30 ............ »7
3:30 . ......... 97
4:30 ............ 90
i:30 . ......... 9«
7:30 ........... 94
9:30 ........ 90
9:30 ........... M
10:3t ............ —
11:30 ... —
13:30 ........ —
High and low temperaturaa for 24 hours ended at 4:30 p.m.: 99 and 75.
High and tow temperatures same data last year; 101 and 71.
Sunset last nlfht 7:35 p.m. Sunrise today 5:59 a.m. Sunset tonight 7:35 p.m. Barometer reading at 9 30 p.m. 29.08. Relative hnmtdtty at 9:30 p m. 27 per cent.
WASHINGTON. Aug. 3 (ft-The Senate took a sharp swing at the foreign aid bill today, cutting half a billion dollars from a measure that now stands *38 million below President Eisenhower’s original request.
It passed by a voica vota a $2,610,000,000 authorization, which compares with more than $3,448,-000,000 asked by tha President, and returned it to the House which had approved on June SO more than $3.368.000.000. The Senate Foreign Relations Committee cut this to $3,110,000.000.
Amendment Approved Shortly before passage, the Senate approved 45*41 an amendment by Sen. Long (D-Lap) to slash the authorization by a half billion.
An earlier amendment by Long providing for a billion dollar cut was defeated, 48-38.
Opponents of the measure cited large amounts of aid funds still unspent, disappointment at Communist inroads in Indochina and the possible loss of huge stockpiles of U, S. equipment to the Reds at Hanoi.
The cut came despite warnings from administration and veteran Democratic senators that it would be misunderstood by nations looking to this country for anti-Com-rnunist leadership.
Senators Switched On the 45-41 vote, 26 Democrats and 19 Republicans teamed for the slash. On the losing side were 25 Republicans, 15 Democrats and one Independent. Enough senators switched from the first vote to put the smaller cut across.
Actual appropriations must yet be made for foreign aid. and here again there may be differences between the two houses that will have to be compromised.
The House has passed not only an authorization measure, but also a separate money bill providing both new and old funds. It calls for $2,895,944,000 of new funds, or some 285 millions more than the Senate authorizalion, plus $2,312,-
475,979 of old but unspent money.
The Senate Appropriations Committee is expected to approve a money bill tomorrow.
Reds to Get Supplies Sen. Long, battling for reduced funds, said Indochina Communists stood to get a windfall of more than 400 milliiMi dollars worth of new American military equipment now piled on the docks at Hanoi, still uncrated.
He said salvaging another 700 million dollars worth already crated and "in the pipeline headed for Indochina” would more than offset the cut he proposed.
Both Long and Sen. Frear (D-Del) strongly urged that this coun-try try to salvage the equipment at Hanoi.
Shivers lo Meet Sweetwater Heipers
AUSTIN, Aug. 2 UA-Gov. Allan Shivers will hold meetings with campaign workers in Amarillo, Lubbock, and Sweetwater Friday and Saturday, his campaign headquarters reported today.
The governor, seeking nomination to a third term in a runoff with Ralph Yarborough, will be in Amarillo Friday afternoon. He will make an appearance at the Top O’Texas rodeo in Pampa that nigh* and also make a statewide radio address at 8:30 p.m.
He will be in Lubbock Saturday morning and Sweetwater that afternoon before returning to Austin.
Jennings T akes Witness Stand
By RUTH LITTLE Rcporter-News Correspondent
BALLINGER, Aug. 3—Allen Clyde Jennings, 33. was found guilty of murder Tuesday by a district court jury here in the drowning of Wallace Windsor O’Neal, 16, of Blue Ridge, Ga.
The 12-man panel recommended that Jennings be sentenced to life imprisonment. Court sentence was not immediately imposed.
The jury returned its verdict at 8:30 p.m. after taking the case for deliberation at 6:08 p.m. Arguments for the defense had begun at 4:45 p.m.
Statement Admitted Jennings, brought from the jail to hear the verdict, showed little emotion, as he had throughout the trial. His face was expressionless except for the nicking of the eyelids.
Highlight of the day was admission of a statement made by Jennings June 3. In this statement—admitted as testimony over protest by defense lawyers Paul Petty, E. B.
Underwood and W. G. Bedford—Jennings had admitted repeatedly pushing O’Neal into deep water and breaking the boy’s hold on his leg.
The statement, given to Runnels County Attorney Jack Moore, reviewed movements of the pair and coincided with testimony of other witnesses as to the pair's coming to Runnels County, going to the Cook home, and encountering various people as they lodzed for a camping place.
Finally, he told of going swimming and of getting out before young O'Neal, whom he called Junior. When the boy attempted to get out. Jennings said in the statement that he had pushed him back into the water.
He told oi swimming around after he had shoved the boy back the last time and later of talking to J. W. Caudle and Willy Oaan Stephenson when they earn# by the camp. He left the campsite in a station wagon shortly after the two left, he stated.
Admits SerrlRg Time Jennings’ statement was Introduced when Moore was put on the stand. Objections to parts of the statement in regard to the defendant’s having served time in the pen, and having been involved in burglaries, were sustained by District Judge O. L. Parish, as being prejudicial. The defendant however, told of having served time and of burglaries while he was on the stand.
Highway Patrolman G. H. Gilbert told of arresting Jennings in Pecos after the man had been trying lo sell a radio there.
J. tC O'Neal. Sr.. father of the dead boy and IS other children, testified he had come to Ballinger May 30 and had identified the body of his son. The boy had been away from home at that time a m<mth and a day.
Boy ’Good Swimmer*
The boy was considered a good swimmer, the father said, and had ample opportunity to practice in a credk near his home.
Moore testified that Jennings had told several different stories in regard to young O’Neal’s death prior to his going to Austin for a lie test.
The attorney said it was the custom to offer a defendant an opportunity to prove innocence by means of the lie detector test and that when asked if he wanted one,
Jennings had said he did. Moore identified the statement made by Jennings on his return and said he had given the defendant warn-
W. J. (UNCLE JAKE) CHESNEY
W. J. (hesney, Ex-Nilchell Sheriff, Dies
See EX-CONVICT, Pg. I-A. Col. 4
COLORADO CITY, Aug. 3. (RNS) - W. J. (Uncle Jake) Chesney, 82-year-old Mitchell County pioneer, died while asleep at his home in Colorado City at noon Tuesday.
Chesney, who had served as sheriff and tax collector of Mitchell C-iunty from 1918 to 1923 was in his third year as the justice of the peace of Precinct 1 of Mitchell County. He had been re-elected to another term in July.
Bom at Flatonia, Tex., Sept. 21. 1871, be moved to Lampasas County in 1881 and to Mitchell County in 1888.
His family settled south of West-bro(^ and began raising sheep, and for four years Chesney herded sheep from Westbrook to tha Pecos River country. He farmed and ranched for many years and still owned a stock farm near Colorado City.
He was a member of the Methodist Church. He married Josie D(hh Dec. 21. 1902, at CoI(H’ado City.
Active in Masonry. Chesney had served his local lodge as grand master and in 1935 was selected as master of the Grand Council of Texas. In 1942 he served as grand high priest of the grand chapter of Texas.
Chesney was the oldest living exsheriff of Mitchell County and had known each of the county's lawmen personally.
Funeral services will be held
See CHESNEY, Pg. i-A. Col. 7
72nd Day of lorrid and Dry Weather Ahead for Ahilene
Abilene Wednesday enters Its Weather Bureau at Municipal Air-
SiCTION A Women's News ........ 4
Editorielt ......... 2
Comics ........ 4
Closeifiod ode........I, g
Fanwi A Morkots.........g
72d day of hot, dry weather, noted for lack of appreciable rainfall.
The Weather Bureau Tuesday night issued a terse twoKlay forecast for continued hot anu dry weather through Thursday Absent was any mention of rain.
Not since last May 29 and 24 has rainfall in any quantity fallen here.
Meanwhile, water usuage in the Key City has increased 22 per cent in the period January-July this year as compared with the same period last year.
June and July were scorchers. In June .03 inchee of rain fell, making it the driest in 18 years. By the same token the .01 that fell in July was the smallest reciM-ding here in eight years.
May 23 and 24 a total ol 1.70 inches of raia was gauged at tiie
port. This brought the year’s total fall through .May to 10.00. or .94 inches above normal for that period.
The past 70 days of drought-conducive weather have knocked Abilene out of its strong bid through May to beat the drought. The yearly total now stands at 10 11 inches as compared with a normal of 13 90 inches.
Abilene’s water supply remains in good shape despite the 22 per cent increase in consumption, according to City Water and Sewer Superintendent Curtis C. Harlin, Jr.
Consumption through July here totaled 1.958,377.000 gallons. In the first seven months of 1853 usuage was 1.802,534,000.
Abilene lakes, with 17.1 biUioii gallons, contain approxnnateiy a three year supply, Harlin said.