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Abilene Reporter News (Newspaper) - February 14, 1938, Abilene, Texas tEfjc Abilene Reporter-Betas_“WITHOUT, OR WITH OFFENSE TO FRIENDS OR FOES, W E SKETCH YOUR WORLD EXACTLY AS IT GOES,"-Byron VOL. LVII, NO. 269 Aaaoctatej PNM (Ari ABILENE, TEXAS, MONDAY EVENING, FEBRUARY 14, 1938 —TEN PAGES r-w ,OT, PRICE 5 CENTS 0.0. McIntyre Succumbs To Heart Attack ISSUED BY RAILROAD COMMISSION— High Court Affirms Texas Gas Rate Order VICTIM OF 'LIVING DEATH' COLLAPSES IN COURTROOM I [hOmpSOfl SGGS To Call Doctor r, . MURDER THEORY DISCARDED M'Donald Acts Columnist Stricken Saturday, R.wd [N PENDERGRASS DEATH CASE To Forfeit Oil Boys Stumble Across Clothing Worn By Victim Near Spot Where Body Found SWEETWATER, Feb. 14.— (Spl.)—M’irder was discarded today as the official explanation in the disappearance of Jesse H. Pendergrass, whose body was found a week ago near Lake Sweetwater. Discovery of clothing worn by the 68-year-old traveler from Cookeville, Tenn., prompted the change of theory. Two youths in a party of six rabbit hunters stumbled across Pendergrass overcoat, a blue serge coat and vest, his shoes and other personal effects yesterday. They were in the Henry Withers pasture southeast of  - - NEW YORK. Feb. 14.—(UP) — O. O. McIntyre, the small-town boy from Gallipolis, Ohio, who won fame and wealth interpreting the big city, died today. The columnist was taken ill on Saturday. Following hts lifelong practice, he refused to call a doctor. He died about 2 a. rn. today in his Park Avenue apartment. McIntyre — Oscar Odd McIntyre was his full name—would have observed his 54th birthday, on Feb. 18. His death apparently was caused by a heart attack. Only his wife was with him in the arpartment. She said that his last words were a request to her: "Turn your face toward me so I can see you.” McIntyre applied to New York the principles he learned when he was a reporter for the Gallipolis Journal in 1902. At his death his column, "New York Day by Day,” was syndicated in 380 newspapers, earning him a huge salary. McIntyre gained his great popularity by personalizing New York by treating its masses of stone and steel and its millions of inhabitants as though they were places and people whom he knew intimately and whom his readers wanted to know. He was bom in Plattsburg, Mo., Feb. 18. 1^84. and was educated at Bartletts college in Cincinnati. From the Gallipolis Journal he went to the East Liverpool, O., Tribune as a feature writer and in 1906. when he was 22, he became political writer and later managing editor of the Dayton. CX, Herald. In 1912 he took the big leap— he came to New York where his literary flair brought him the con-veted job of drama editor on the New York Evening Mail. Not long after his arrival in New York he smarted the syndicated column which he continued until his death. He married Maybelle Hope Small of Gallipolis in 1906 on his 24th birthday. Nuptial Vows Cited By Eastland Girl And Rep. Poage EASTLAND, Feb. 14— (Bpi.)— I Fiances Cotton, daughter of Mrs. Frank Wilcox, became the bride of Congressman W. R. Poage, of Waco, here this morning. The ceremony was performed at ll a. rn. at the home of the bride's mother. Dr. John W. Raily, president of Oklahoma Baptist university, at j Shawnee, a friend of the bridegroom. officiated. Congressman Poage said he and his bride would leave immediately for Washington. Jurist Has Surgery AUSTIN Feb. 14. i.-T—C. M. Cureton, chief justice of the supreme court of Texa*. was report’d in a satisfactory condition here today after a surgical operation. What Is Your NEWS I. Q.? And Gas Lease Alfred Requested Filing Of Suit On Contract Involved Sweetwater, nearly half a mile east from the spot at which the elderly Tennesseean’s remains were found. TO DRAG POND The find was made by John Bibb and James Graham, both employes of the Nolan County News. Others in the party were Jack and Tommy Bibb. Kenneth Wilson and Deroy Jones. Other articles with the clothing were a picture, a small Bible, the unused portion of a rail ticket on which Pendergrass was traveling to Lubbock, a traveler's insurance policy, a pair of glasses, two pencils, box of snuff and plug of tobacco, a metal drinking cup. a memorandum book and a sheet of paper on which directions for all train changes on his Journey had been written. The clothing was left untouched until searchers led by Chief of Police N. B. Hall could be notified. They were preparing to drag a nearby pond. Hall, who a week earlier expressed certainty that Pendergrass was murdered, today said it was his i opinion instead that the elderly man died of cold and exposure. He added that Pendergrass probably was temporarily deranged. VERDICT CONTRADICTED The police chief's decision contradicted directly an inquest verdict returned last Monday by Justice of the Peace S. H. Shook that Pendergrass died "at the hands of a person or persons unknown.” The rabbit hunters found Pendergrass' shoes about a yard apart, j as if he had sat down and removed ; them. His coat, vest and glasses I nearby. The overcoat was about IO yards away, partly hanging in a tree. Pendergrass disappeared last November 21 while en route from Nashville, Tenn.. to the south plains for a winter visit with two of his brothers. They live near Meadow, in Terry county. Directions found with his clothing indicated that the Tennessee man arrived here about 4:20 o'clock the morning of November 20. Principal basts for investigators’ belief that he was slain had been absence of Pendergrass’ shoes. There remained faint possibility, several said privately, that he may have been doped and robbed. It was believed that he was carrying a considerable amount of money, but i elatives were unable to confirm the report. RULES RUMANIA Dr. Miron Cristea (above), patriarch of the Rumanian Orthodox church, has been named premier and virtual dictator of Rumania. His government succeeds that of the anti-Semitic Octavian Goga. resigned. By AP Feature Service Each question count20; each part of a tw’o-part question, IO. A score of 60 is fair; 80 good. Answers on page 3. 1. Who is tills officer? Does he favor moving most of the fleet from the Pacific to the Atlantic? 2. What is a shelterbelt? Has the U. S. abandoned plans for one stretching from Texas to the Dakotas? 3. Tile marriage of Field Mashal Von Blomberg had nothing to do with the recent shakeup of German army leadership. True of false? 4 Because of the fear of air raids, did the Spanish parliament (a) meet in a small town just over the French border, (b) postpone its session, or (c) meet secretly in a monastery? 5. What was the first major legislation passed bi congresl this year? 9 Election Judges Formally Named Tayolr county commissioners court was in regular session Monday with County Judge Lee R. York presiding. Most of the morning session was devoted to routine business, including approval of monthly bills. Election judges for 1938 were given formal approval by the commissioners. The 31 judges approved today served in last week’s dog law election, their names by voting precincts having been published at that time. Chief business to come before the court this afternoon was the official canvass of the countywide dog law election, also the Blair school bond election held Saturday. Texas Athletic Director Dies Funeral For Roy Henderson To Be Held Tomorrow AUSTIN, Feb. 14.— Pi—Funeral services will be held here tomorrow at IO a. rn. for Roy B. Henderson, 47, athletic director of the Texas interscholastic league, who died at the veterans’ hospital at Legion, near Kerrville, yesterday. Henderson had held his position as athletic director since 1920. He had been connected with the University of Texas since 1914, starting as assistant director of physical education. During the world war he was basketball coach at the university. He was a native of Winfield. Kans. In his interscholastic league po- j sit ion Henderson w as called upon i to make many important decisions 1 In disputes over eligibility of play- | prs, but his work had made him widely and favorably known. Roy Bedichek. a director of the league, lauded Henderson as an organizer and administrator, and said. “He had a keen sense of right and wrong and never flinched from his duty, no matter how hard a decision might be." Henderson, ill since November, had been at the hospital since Feb. I under treatment for a liver discase. Survivors are the widow; four children, Roy Jr., 12; Lucy Ann, IT; Mary, 20. all of Austin; Mrs. R. C. Scott of Hobbs, N. M.; his mothei, Mrs. Annie E. Henderson of San Francisco; a sister, Mrs. Will Marsh of San Francisco, and three brothers. Ralph of Fort Worth. Harry of Fort Worth, and Paul of El Paso. AUSTIN, Feb. 14—(A*»—Land Commissioner W. H. McDonald today forfeited an oil and gas lease on a 62-acre tract of public land in Laguna Madre. Nueces county. Governor James V. Allred recently requested the attorney general’s de-parament to file suit to cancel the lease, charging the state had received inadequate consideration for it and in addition a well offsetting production on other land nearby had not been drilled as required by law. The tract was No. 14 and originally was leased to Herbert Mallinson o* Dallas on Dec. 3, 137.9 The lease figured repeatedly in testimony at hearings of a senate committee investigating McDonald’s land leasing policies. McDonald acted after receiving a letter from the attorney general's department advising the law automatically forfeited the lease oecause of the offset drilling regulation. MCDONALDS STATEMENT ‘ I have today made an entry of forfeiture of the oil and gas lease on tract 14 in Laguna Madre, Nueces county, which was issed to Herbert Mallingson," McDonald said. "On Dec. 3. 1937, a well was completed on an adjoining tract. The statute provides that in such a case if the well is within 1,000 feet of the state lease, a well must br smarted on that lease within 6j days thereafter. "An employee of the land office was sent to the area shortly aper Dec. 3, reported the distance was 1.023 feel A re-check by the land office since the 60-day period expired reveals the correct distance is 972 feet. "The attorney general's department, through a letter from lirst assistant Attorney General Scott Gaines advised that under such a statement of facts the law automatically forfeits the lease. Hearing a doctor testify that she was certain to die from effects of radium poisoning, Mrs. Catherine Donohue collapsed, right, as four other women, above, also believed victims of the "living death.” fearfully looked on in a courtroom at Ottawa, ill. Mrs. Donohue, who now weighs only 70 pounds, BEFORE HOUSE BODY-- Jap Navy Parity Favored FUGITIVE IN EAST TEXAS JAIL Fish Also Asks ■ BREAK ARRESTED IN ABILENE Kerns Taken In Custody At Residence; Only Two Of Fire Breakers At Large Sunday nights bloodless capture of Harold Franklin Kerns, Sulphur Springs Jailbreaker, by Abilene police left only two of five fugitives still at Urge. by a blast of buckshot Saturday night while attempting to rob a Clinton, Miss., garage. Roy Johnson, another of the fu- Lower Rates From Ruling Estimate Laredo Gas Users Saved $23,0X30 Yearly WASHINGTON, Feb. 14.-. (AP)—The supreme court af. firmed today an order of th® Texas railroad commission requiring the United Gas Public Service company to reduce it* gas rate for Laredo from 75 cents to 55 cents per 1,000 cubic feet. DECISION SUSTAINED The tribunal sustained a decision by the court of civil appeals for the third supreme judicial district of Texas which upheld the rate reduction. Chief Justice Hughes delivered today's opinion. United Gas contended the order was confiscatory. It was issued In 1933 but made effective as of January' I, 1932. The difference in tho amount was to be refunded to th* customers. Justice Reed did not participate in the decision. Justice Black de-livered a separate concurring opinion. Justices McReynolds and Butle* dissented, declaring that the Judgment under review should be reversed. Ruling Called 'Rock' For Other Cases AUSTIN, Feb. 14.——Ernest O. Thompson, meber of the railroad commission, today hailed the United States supreme court decision in Representative Fish (R-NY) sug- th* Laredo gas'rate case as presag. gested to the house naval commit-1    Renerallv    Texas. I This decision presages lower rates for all of Texas where thev along with 13 other women, seeks compensation for incapacities attributed to work with radium in the factory. Nine women already have died. Arms Cut Talk Others Advocate U. S. Take Lead In Conference WASHINGTON, Feb. 14.—UPi- tee today another disarmament W. E. (Rabbit) Burnett, 40-year-i gitives, who had fled with Burnett. rnnf^rewvm «hrmut    w ,    \    uZ    LZ    nerf old convict under prison sentence* was taken bv Mississippi officers as -pan granted naval V"a. My it n the Tiud    *    educed. I totaling 147. years and companion he cringed in a comer of the ga    -    ******    the    Thor*, on said.- * % «. of Kerns in the break, was killed rage near the body of his compan C Of C To Pick New Officers Tomorrow The Abilene chamber of commerce will have a new group of officers after the directors meeting at IO o'clock tomolrrow morning at the chamber of commerce office. Tile induction of the five new directors into office and the election of new officers will form the outstanding part of the program. Other matters which will come up for discussion are ticket sales for the spring rodeo and caf show, and chamber of commerce participation in the event. Floods Menace Michigan Cities companion. That leave* Paul Sloane and Noel Baker, anas J. S. Brooks, still at liberty. They are believed by officers to be in West Texas. United States. Naval experts, he said, have stated Japan could not attack this country successfully even with a navy as large as the American fleet. "Why can't we give Japan equality,” he asked, "unless we intend to Kerns was taken at tile point of do what I think we are trying to a gun; he surrendered without' Hundreds Flee Homes Before ling Torrents protest. The arrest was made by Ed Cornelius, night captain of the Abilene do, and that is police and quarantine the world.” PITTMAN CASTS DOI BT Fish testified at hearings on the Sears addition Pj .    —    Kerns    was    spotted    in the door- KOging I orrents way of the house by occupants of I the police patrol car. While Sum-DETRCIT, Feb. 14.—(A*)—New mers went to the front door and Michigan floods over the week-end ^necked, Cornelius covered the back drove hundreds ol families from dc°r a &awed-off shotgun their dwellings, blocked highways police    force,    and Tom    Summers,    proposed $300,000,000 naval expan-j night    patrolman,    a: a    house    in    the | aion program.    He said he believed the navy now    “is larger than necessary for all    purposes of national defense." Others in congress proposed that the United States take the lead in calling an international disarmament conference, despite hints that and can ed damage far more ser ious than last week’s inundations As the fugitive burst out the back the administration was cool toward door and started to climb a fence, the idea Cornelius called. “Don’t make me Senator King (D-Utah) and Rep. Thoref • Hailing the courts ruling ad "marvelous,” the commissioner said the case was the rock on which tho commission stood in all other rate cases, a number of which are pending. Commission engineers estimated it would mean a saving to rate payers of Laredo of approximately $23,000 a year for six years, or $138,000. MCCRAW JUBILANT Attorney General William McGraw, also jubilant over the de-cision, characterized it as the mag-na charta in Texas’ rate reduction program. McCraw termed the case one of the most bitterly contested in his administration, arguments having twice been heard by the country’s highest court. It was the first gas rate reduc er,,.,    ,„co    Q.    wJ    SJL    h4Ve    to kill you. This thing's loaded Maverick. «D-Texas» formally advo- tion order to be acted on bX toe The property loss at Mt. Clem-| hadt*hAt.*    Irater    «nrh    »    -tv,-,,    United    States    supreme    court. Five Felony Cases In Justice Court Justice of Peace Th co Ash was swamped with business Monday morning, th? rush including filing of five felony complaints and conducting of as many examining trials Seven civil suits also had been filed at the noon hour. Ralph Nation and Roxie Nation, charged Jointly, were arraigned on a felony complaint of unlawfully disposing of a mortgaged automobile. After examining trial was waived their bonds were set at $500 each. Jose Portillo. Mexican was charged with assault to murder Felix Villa-lobes by cutting him with a knife He waived examining tr.al and bond | was set at $750. City officers arrested Portillo Saturday night. William Dangerfield. negro, waived examining trial on an assult to murder charge and the court set his bond at $750. Charges against Dan-gerfield grew out of a knife attack on Elonzo Ward Sunday. He was arrested by city police. Jessie Mae Hogues, negro, was arraigned on a felony charge of obtaining $121 by fraud from Son Turner. negro. Bood was set at $500 after examining trial was waived. with buckshot."    J cated such a conference. They said Kerr.’, halted, replying that he Japan and other world powers was unarmed.    might be willing to ease the world Afterwards at the police station, situation by discussing curbs on Cornelius remarked, *Td have hated J world navies. to kill the little devil. I’ve known Senator Pittman <D-Nev), who is him all his life ”    close to Secretary Hull in his capac- It was only three years ago that ity as chairman of the senate for-Kems. charged with petty theft, ei8n relations committee, suggested Ionia were suffering from over- was scnt ^ reform school from however, the time is not ripe. “Pol-flowing streams but their concn- Abilene, records of R. T. Redies, tlons were not to be compared fingerprint expert, show, with those prevailing at Mf. Clem-    Police    advanced a theory that Sloane had planned to pick up Kerns in Abilene. Kerns admitted being in on the Piggly-Wiggly store burglary on ens alone was more than $100,000, Mayor Donald R. Westendorf said. The Clinton river at that point went cm the worst rampage in 35 years, inundating more than 700 acres within the city. Grand Rapids, Lansing. F.snt, Pontiac, Utica. Rochester and One of the most important of th® other cases in litigation involves See GAS RATE, Pg. 9. Col. 3 CAMPAIGN MARKS TIME- Row Climaxes German Bund Leader's Stump Tour BUFFALO. N. Y.. Feb. 14.—<**)— An organization campaign of the G r i    “und marked time today, stalemated by the flying fists of America. » *r * vs. A 15-minute free-lor-all that grew’ out of disputes with speakers broke up a bund rally last night. G. Wilhelm Kunze, representative of the bund's national headquarters. said he had "no immediate plans” for continuing his speaking tour of New York state. The meeting attracted 700 listeners. and by arrangement with bund officials, representatives of Buffalo* war veterans were on hand to ask Kunze questions following his speech. A bund syoke&man flanked by standard bearers holding an American flag and a Swastika emblem, w-as interrupted as he prepared to | introduce Kunze. "Take down that Swastika!” someone shouted. Men in the rear of the hall crowded forward, police rushed in to close the aisles. Kunze spoke against a steady patter of heckling remarks, explaining the bund "is organized to fight subversive Influences in the United States,’’ is not a nazi or-1 ganizatiton, and "we the German element of the United States would be the last group in the world to try to overthrow the government." When Kunze yielded for questions. Former Assemblyman Frederick Hammer, who said hr was not speaking for any particular group, asserted: "My grandfather left Germany because he couldn't stand the military regimentation.” "Coward!" came a cry from the audience. As Hammer challenged the speaker to "settle it outside," fist fights flared throughout the hall. ens where approximately* 400 houses were surrounded by water and refugee stations had to be set up. A relentless February thaw and torrents of rain caused the latest overflow of Michigan rivers. Much colder weather was forecast. In the Grand Rapids area the tributaries of the swollen Grand river began to recede early this morning but It was feared the relief would be only temporary. No fatuities or injuries were reported from any point in the state. California Set For More Rain and Snow SAN FRANCISCO. Feb 14.—(Ab —Tile Pacific coast, wearied by a prolonged siege of rain, snow and high winds that has caused nearly a score of deaths, disrupted communications halted rail and highway traffic and harassed shipping, looked forward today to more rain, snow and high winds. In Northern California, where the storm entered its 19th consecutive day, floods which had already inundated several low-lying areas threatened to spread. From Bridgeport rn East Califor- See NAVY, Tg. 9, Col. I Theft Trial Opens In District Court Attendance Urged At Boosters Session All Boosters club members and others interested in the work of the organization were urged by Bob Cannon, executive secretary, to be present at the open meeting to be held tonight. The program is scheduled to start at 7.30 in the crystal See FUGITIVE Pg. 9. Col. 2 Arrest Ranger Man In Mail Pouch Theft EASTLAND, Feb. 14.— r -County officers today announced the arrest of the seventh suspect sought by federal officers in connection with theft of currency from a mail box and pen steel from J. J. John-pcuch between O'Donnell and Sla- son on August 5, 1937. ton.    Other    cases    on    the    court’s    crim- Offleers said the man was ar- mal docket were to be called at the rested at his home six miles south conclusion of the Collins trial, of Ranger.    Judge Long stated at noon. Trial of Roscoe Collins on a fel- ballroom of the Hilton hotel. Sub-ony theft indictment was under jects for discussion will be affilia-way in 42d district court today. All tion with the state and national Ju-testimony had been completed and nior chambers of commerce and the charge read to the Jury when progress on the community chest Julge M. S. Long recessed court survey. until 1:15 this afternoon.    Members    of the delegation to con- Arguments by attorneys were to 1 with representatives of the start immediately after the noon recess. Collins was indicted on a charge of stealing 1.800 pounds of ORLIN DEEP TEST IN SPOT— Developments Put Oil Operators On Toes In Three Westex Areas Boosters club March 9 were announced in a letter received by Bob Cannon this morning. They are Jimmie Stuart, vice president of the National junior chamber of commerce; Doc Liggett, president, and Jimmie Allen, secretary-treasurer of the Texas junior chamber of commerce; and Bill Stuart of the national organization. The Weather Oil developments in three areas abilene; and V ICINITY: Cloddy and colder tonight and Tuesday. West Teaas: Moall) cloudy, probably occasional rains in southeast portion tonight and Tuesday: older in north and east portions tonight and in extreme aoutheast portion Tueedav East Texas Cloudy, probatdy occasional rains in south portion tonight and Tues-Five-lach casing is swung uncem- *•>" colder tonight and Tuesday with ®    f rn rn -* try ar in av* rem o ti nia came a report of the latest    <*nted    in    the    hole    at    approximately    U    p«ruon. known victim of the    “4    *1?^    «7°    «*«■    <* «>• *« t>.d as crushed Tq th# southpast thp Ha, Hughes    ‘ogged    at    4.369    feet.    the    pre- Sparcevich, a miner ?hafh«u»'ntStfnda: ("Liu' tinder tv* ta e‘ Rl **0' 1 ^om P°“idexter. Calla- vious bottom hole having been 4.380 that sent tons of snow and rock.* han f d    north    of    0pUn.    fePf    where    a    Baker    shoe    was    set crashing down on the Silverado loomed more ^portantly a* a pro    BakPl    >hoe    Was    set’ mine in the Sierra Nevada.    ducer from Ordovician sand Funds For Lubbock Reports here said the well had exhausted itself of salt water, intruding from behind five-inch casing. after it had sprayed fluid under a flow of three to four million cubic feet per day. Operators yesterday deepened the WASHINGTON, Feb. 14. Senator Connally <D-Tex) said today President Roosevelt had approved a $128 265 Works Progress well another foot into the and and oplin.TsTn the'noriheVst*‘(wtier of allotment fot paving streets aud obtained a head of oil though to be alleys at Lubeck, Texas.    i    about 50 barrels,    i    See    OIL,    Pf.    9,    c    oL    I Pay zone is a sand, differing from usual lime saturation found in Ellen huger wells of this area. The test is a south offset to one drilled in 1933 by Drew Beams and others of Abilene which was estimated at about 1.000 barrels daily before it was junked. Location, three miles north of Highest temperature yeeterdav ... so Lowest temperat'ire this morning . Si temperatures Mon. sa ex so SS 57 sn st 54 52 SI &*« .    63 . 13 .7:22 6:2* COLO Pry thermometer Wet thermometer .Relative hcanidlty p rn. 7 a.rn 12:29 p m. 74*    58*    »0« 63*    4S*    **• .54    59    «s f ;