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Abilene Reporter News (Newspaper) - May 4, 1954, Abilene, Texas FAIR, WARMERŒfje atrilcne Reporter -Betos mi™™ "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES" Byron VOL. LXX11I, NO. 321 Auociated PreulAPi ~ABILENE, TEXAS, TUESDAY MORNING. MAY 4, 1954 —EIGHTEEN PAGES IN TWO SECTIONS PRICE DAILY 5c, SUNDAY 10c Fraud Charges Dismissed; New Grand Jury Ordered BIDS DULLES GOODBYE—Britain’s Foreign Secretary Anthony Eden, right, bids goodbye to U.S. Secretary of State John Foster Dulles at Geneva, Switzerland, prior to Dulles’ departure for Milan for a conference with Italy's Premier Mario Scelba before returning home. Dulles has been attending the Geneva Conference. He said before he left Geneva he would press his campaign for a military alliance to safeguard the security of southeast Asia. Court Upholds Latin Jurymen WASHINGTON. May 3 .F—The Supreme Court upset, today the murd^ conviction of a Mexican because no Latin - Americans served on the Texas jury which tried him Ruling in the case of Pete Hernandez, the court declared unanimously that constitutional guarantees against discrimination are broader than a two-class theory based on differences between whites and Negroes. It said different treatment can be based “on some reasonable classification” but did not define what 'amSLtotlmm wrote the | pe aJot more at.en.io^o mtnor-opinion. Texas asked the court to reject the appeal by Hernandez. The state contended that Mexicans are not a separate race and that the jury v\as “composed of white men.” Hernandez, then 26, was convicted in the 1951 slaying of Joe Espinosa. 46, a cotton planter, and was sentenced to life imprisonment. Both men lived in Edna. The Jackson County sheriff’s office said Hernandez is at the state prison in Huntsville. AUSTIN, May 3 i*—Texas district courts apparently will have to Reds Regroup After Halting Big Assault HANOI. Indochina. May 3 <£»— The Communist-led Vietminh rushed up fresh troops in long columns of trucks tonight to the French fortress of Dien Bien Phu after calling off its third heavy and sustained assault on the hedghog de-fenses. Hundreds of Russian-made Molotov trucks, chauffeured by Chinese, were spotted moving into the encircling hills tonight, their headlights gleaming. The Red-led Vietminh troops unaccountably halted their third big do-or-die attack last night, aftei making savage headway into the encircling barbed wire strong-points. They overran three strong points and part of a fourth and severely shriveled up the ring of defenses surrounding Brig. Gen Christian de Castries’ central head quarters. A military spokesman in Pans said three outposts at the isolated strongpoint of Isabelle, south of the fortress’ heart, were lost in the attacks of the night of May 1-2. This was the fourth strongpoint which was partially overrun. The spokesman said another post was lost but retaken by counterattack ity groups under a doctrine ad \anced by the U. S. Supreme Court today. Legal authorities here did not want to be quoted until the case in question finally is disposed of, but one indicated belief that it would open up an entirely new approach to selection of juries in Texas. The court overturned the murder conviction of Pete Hernandez, who complained that persons oi Latin-American blood were excluded from jury service in the Texas county of his trial. The state Court of Criminal Appeals had refused to disturb the conviction, holding Latin Americans and Anglo Americans are not separate races. The Supreme Court ruled constitutional guarantees against discrimination are broader than a two class theory based on differences between whites and Negroes. Throughout our history differences in race and color have defined easily identifiable groups, which have at times required the aid of the courts in securing equal treatment under the laws. But community practices are not static and from time to time other differences from the community norm may define othec. groups which need the same protection," Chief Justice Warren said in the court's opinion. A Texas authority said: “The theory would not apply to Latin Americans alone but to all minorities. “If a judge wants a trial to stand up on appeal, he is going to be forced to see that any minority group concerned is represented on the jury. Laughlin Files In Judge Race; Parr to Run ALICE, May 3 iff—Both political Boss George Parr and the ousted judge he was accused of bossing are candidates for the 79th District judgeship in politically turbulent South Texas. Woodrow Laughlin, the former district judge fired by the state Supreme Court for incompetence and favoritism, filed today as a candidate to try to win back his old office. Parr, the “Duke of Duval” County, said yesterday he was entering the race. Neither was available today for comment. Parr had said yesterday he told Laughlin “I,was going to file.” Parr, 52, millionaire known as the political kingpin of South Texas, said he was making the race because of attacks against Laughlin and because of charges that he controlled Laughlin. “My opponents said I controlled the district judge,” he said. Why not let me be the district judge? Then no one will control the district judge but me. Laughlin was elected to a four- i year term in 1952 with Parr s1 backing. In 1953, 11 South Texas attorneys asked the Supreme Court to re j move Laughlin. The court on March j 17 ordered Laughlin to step down but said he could run for the office again if be chose. Attorney Jacob Floyd, who leads the anti-Parr forces, said Parr's candidacy was not “entitled to be dignified by a comment.” But Floyd did say:    ! George Parr qould not get 10| Dooley’s ruling, U. S. District Attorney Heard L. Floore asked that a grand jury nanel be called at the earliest possible .time to consider returning new' indictments. A nan- ; el of 25 men in the Lubbock divi- j sion of the Northern District of i U. S. court was selected and ordered to report to the court Tuesday. j .    , The grand jurors are to be quali- j «roiTTFR CONGRATULATED—-Dr R. A. Maddox, Sr., (left) one of    the    pioneers    of    Uied Tuesday and the grand jury is1 scouting'in Abilene, extends his good wishes to Bob Niemann (right),    1 to be -pan^eM Wednesday Floore said he would be ready Trial Unlikely Before May 10 By GEORGIA. NELSON Reporter-News Staff Writer LUBBOCK, May 3—Judge Joseph B. Dooley Monday afternoon ordered'a new grand jury empaneled to consider the VA loan fraud charged against 45 defendants after he had dismissed all of the former indictments against them. Judge Dooley dismissed the indictments on a motion by the defense, announcing his decision at 5 p.m. after a two-hour court recess during which he studied previous cases cited bv defense and government attorneys. He based his decision on two premises:    1.    inai    an indictment for fraud must charge that the concealed information alleged in the fraud was a material fact and 2. 1 hat an indictment must definitely identify the allegedly concealed statement. Defense attorneys argued that the indictments against their clients failed to state that the alleged fraudulent statements concerned material facts and failed to state specifically on what the charges were based Immediately on hearing Judge Indo Rivals Slate Talks At Geneva receipt&of a 20-year service pin for his work in scouting. Wayne Hudgens, new Cub Scout, looks on‘admiringly. Niemann is currently serving as district commissioner of scouting Eighteen awards were presented at the Monday night banquet. Story on page 10-A. (Staff Photo by Bob Gulley)    __________________ Proposal to Limit Hearing To Joe, Stevens Is Studied WASHINGTON, May 3 <.f — An votes that cannot be controHed. His , ^ proposal that the McCarthy-announcement is 3 smoke screen,    •    . for the candidate or candidates to Pentagon hearing be limited to tes-1    1    timony    by    Secretary    Stevens    and Sen. McCarthy <R-Wis» was taken follow. ; A so-called independent Parr candidate will announce today and then at the last minute the Parr vote will be cast for the independent. This is the same old Parr political trick.” under “serious consideration” tonight in a move to bring the hearings to an end. The speedup effort was decided on at a closed-door meeting of the This was before Laughlin had|genate Investigation subcommittee    future    testimony    to    Stevens announced his candidacy. after Stevens denied, in his eighth day of televised public testimony, that he was “covering up anybody.’ The Army secretary also disclaimed any knowledge that John G. Adams, Army counsel, had threatened to issue a “smear report against McCarthy’s chief counsel, Roy M. Cohn, early this year. The announcement that serious thought was being given to con- and McCarthy was made by Sen. Dirksen (R-Ill), who said he sponsored a motion at tonight’s posthearing session to have counsel for Senteriitt, While Scratch From Slate Democratic Race freak cold Snap Heads Thataway GENEVA. May 3 i.W—The antagonists in the bitter jungle war of Indochina probably will face each other across a Geneva eonfer- ....... ence table within the next three likely* that the cases would go to' days, it was believed today, trial before Monday. May 10.    \    Official    French aources aa.d the The courtroom was filled to over- \ two most imposing obstacles to the flowing, with dozens of persons re-\ peace^ parley hart b^ maining in the hallways and wit- to start trying the cases as soon as new indictments are returned. However, it was not considered ness rooms most of the day. Additional chairs were placed in the courtroom, which seats 90 spectators, and still more than 40 f»ersons The Russians agreed to send the invitation to the Communist-led Vietminh rebels and the Vietnam-ese formally agreed to meet their enemies provided no recognition of Associated Press Staff Two top potential Democratic candidates for governor bowed out Monday as the midnight deadline for both Democratic and Republican filing in the July 24 primaries loomed.    .    . Republicans were still promising to produce a slate of state office candidates.    . While the deadline was midnight, legally-correot applications P0-^* marked midnight will be accepted. Thus it may be several days before tHe rosters for both primaries are complete. 3 Candidates Agriculture Commissioner John White and House Speaker Reuben Seriterfitt scratched themselves out of the Democratic chase. That left Gov. Allan Shivers, Austin attorney Ralph Yarborough, and Austin contractor J. J. Holmes as Demo- APPEAR IN WASHINGTON Abilene Men Urge CAB Approve Air Line Merger By LESLIE CARPENTER Reporter-News Washington Correspondent WASHINGTON, May 3. — Mayor C. E. Gatlin and French Robertson today strongly recommended that the civil aeronautics board approve the proposed merger ot Continental and Pioneer Air l-wes The consolidation would link Abilene directly with 37 cities now served by Continental, including Oklahoma City. Tulsa Kansas City* Denver* El Peso 8nd Shh An-Ionio, among others. “In our opinion, Gatlin declared at the opening day of hear ings on the merger before CAB Hearing Examiner Tom Wrenn, who is formerly from Wichita Falls, “the growth and development of Abilene and West Texas I is inseparably tied up with air transportation. This merger is sound for many reasons—the service it provides, for making a profit and for saving the taxpayers money in airmail subsidy.” Need Increases Abilene’s need for air service increases all the time and will continue to mount in the future, he noted. Robertson, representing the Abilene Chamber of Commerce, de clared that Abilene “has suffered from a lack of adequate air service for a number of years.” Abilene is air-minded. Robertson said. The consolidation, Robertson added, would be a “step in the right direction” toward meeting Abilene’s airline needs. Abilene, Robertson said, is anx ious to take advantage of what this merger offers. Robertson emphasized that the new’ Abilene Air Base increases the city’s need for commercial service Mayor Gatlin cited the three colleges in the city, with large enrollments of Oklahoma and New Mexico students, as one reason why the additional north-south service proposed in the merger would be of value. Both Men Quizzed Hubert Schneider, counsel for cratic candidates for governor. Sen. Lyndon Johnson and state Rep. Dudley Dougherty, Beeville, were the only Democratic contenders for the Senate. South Texas political maneuvering erupted sensationally. George Parr had announced he would seek the 79th District Court judgeship. So did Woodrow Laughlin Alice attorney, who was ousted from the bench in March by the state Supreme Court in an unprecedented action. Laughlin elected in 1952 with Parrs back-ing. Parr’s opponents quickly labelled his application as a “smoke screen.’* A tty. Gen. John Ben Shop* perd, whose office has been investigating Duval affairs, said Parr would not be the “real candidate.” “He will either withdraw at the last moment or deliver the vote to the true Parr candidate," the attorney general predicted. Also in the turbulent judgeship race were Markel Heath and James South of Falfurrias. Heath was one of the 11 South Texas lawyers whose court action resulted in Laughlin’s ouster. Senterfitt bowed out of the governor’s race with a brief statement saying in effect that Shivers’ move toward a third elective term had nothing to do with his decision. The speaker said he had intended to make a vigorous campaign, but personal matters and the special session intervened. “I do not now have the time necessary to present my candidacy to the people,” Senterfitt said. White Announced White merely announced for re-election and made it final by paying his filing fee. The redhead jumped into politics four years ago and defeated veteran J. W. McDonald for commissioner of agriculture. The late McDonald had A gradual warm-up is expected after Monday morning's freak cold snap and “we should have some pretty good weather the next two or three days,” a forecaster at the U. S. Weather Bureau said. The weather forecast calls for fair and warmer Tuesday and Wednesday. The high temperature Tuesday will be between 65 and 75 degrees and the high Wednesday between 75 to 80. A low Tuesday night of 50 degrees is expected. The low of 38 degrees early Monday morning broke a low temperature record for this late in the spring of 47 years’ standing, the weather bureau said. The last time it was colder this late in the year was on May 4, 1907, when the mercury plunged to 33. High temperature Monday was 60 degrees. all interested parties canvass methods of speeding up the hearings. Chairman Mundt »R-SD» said Dirksen’s motion wa# adopted unanimously. Sen. Svminglon (p-Mo), saying he spoke for the three Democrats on the seven-member subcommittee. said however that, “We feel that all six principals, having been accused, should be heard.” This conclusion was reached, Symington said, after “most serious consideration” had been given to the proposal to restrict further testimony to “only two of the principals.” The two-witness proposal was advanced by Joseph N. Welch, special counsel to the Army in the dispute. Tonight's speed-it-up meeting, which will be followed by another one tomorrow morning prior to the resumption of televised hearings, was held after Adams took the stand briefly for the first time and sharply debated with McCarthy the meaning of a press statement. Stevens did some denying of his own, too. When McCarthy contended some Pentagon officials were trying to cover up for Communists, or for those who “shield” Communists, the Army secretary flared back: “I’m not covering up for anybody at any time.” If McCarthy and Stevens should become the sole future witnesses, the effect would be to eliminate as principals in the dispute Roy M. Cohn and Francis P. Carr of McCarthy's staff, and Adams and Asst. Secretary of Defense H. Struve Hensel on the Pentagon side. It was evident, however, that various methods of shortening the hearings were under consideration. A further closed meeting was called for 9 a.m. tomorrow for a progress report on the search for a speedup Hensel Out Special Counsel Ray H. Jenkins * department oe commew e i told newsmen after' tonight’simeet-hkather bi real    ing that one possibility would be to ABILENE AND vicinity - Fair «nd ciiminate Hensel as a principal in warmer Tuesday and Wednesday. Hlfh ; temperature Tuesday 65 to 70. Low Tuea* the proceedings, day night SO. High Wednesday 75 to    ,.jt C0U1(J be” Jenkins Said. ^north central texas—Fair and    Hensel is a late startei in the wanner Tuesday; Wedneaday, clear to dispute. He Was named a principal • •"»•' t«,.- lust before the hearings began day . Wedneaday. clear to partly cloudy with were standing when Judge Dooley the Vietminh regime as a state was announced that he would dismiss | implied the indictments. In addition to the 45 defendants and 146 witnesses subpoenaed by the government, attorneys representing the defendants came from Abilene, Midland. Houston and Fort Worth. Several Lubbock lawyers appeared for some of the defendants. A few of the Abilene people present for the trial started a homeward trek late Monday but many of the witnesses were required to remain to appear before the grand jury. Months of Investigation Nine indictments returned in Dallas Feb. 4 and an additional 10 in Fort Worth April 21 resuited from several months of investigation last year by VA agents. The indictments alleged that the defendants made “false, fictitious and fraudulent statements and representations” in obtaining the \ A loans. Each indictment contained from one to 15 counts, with several individuals being named in many of the separate counts. The counts are based on various documents signed in the process of obtaining the loans. These are applications for home loan guaranty or insurance; credit reports, and certifications of loan disbursement. The last named document is a certification that the loan applicant has compiled with all provisions of the law for obtaining the loan. The Russian invitation will be countersigned by Red China’s Foreign Minister Chou En-lai. the French said, but that is a face-saving gesture granted to Chou by the Soviet Union. The Western, and particularly U.S. insistence that Red China could not be recognized as an inviting power at this conference was respected. It is expected in conference circles that when the peace talks get under way Soviet Foreign Minister V. M. Molotov may ask to have India included. But it is not believed he will press the point to the extent of wrecking the parley. The United States is opposed to the participation of India. Vietnamese Foreign Minister Nguyen Quoc Dinh is scheduled to leave for Paris tonight by train for last minute consultations with Prince Buu Loc, premier of the war torn Indochinese state of Viet Nam. It is understood the leader of the Vietnamese peace delegation has not been selected. NEWS INDEX THE WEATHER V. SECTION A . 4-5 Women’» new» Oil new»...... 6 Sport« ..... . . 8-9 SECTION B Editorials ........» ... 2 Comics ...... Form new* ......... ... 7 Radia A TV log..... 8 Zoning Board Asks Annexing Change moderate temperatures. TEMPERATI RES A. M. Mon - Braniff Airways, an intervenor in the case, quizzed both Gatlin and held the job for nine terms Robertson on why Abilene bad made no effort to restore service by American Airlines. American See AIRLINES, Page 10-A, Col. 5 White refused the GOP crossnomination two years ago ami had been backed by the liberal or party- See POLITICS, Page 10-A, Col. 5 1:30 2:30 3 30 4:30 5:30 6:30 7:30 6:30 9:30 10:30 11:30 13:30 P M 53 57 58 60 59 3» 55 32 51 Mon, 44 44 43 4L 40 39 41 43 45 47 50 53 , .......  __ High and low temperature* for 34 hours ended at 6:30 p m,: 6« and 3*. Hifh and low temperature* same date last year; 67 and 51. Sunaet last night 7:51 pm. Sunriae today 5:50 a m. Sunaet tonight 7:33 p.m. Barometer reading at 9:30 pm. 2g.J6. Relative humidity at 0:30 O-m. 35 per cent. ; just April 22. Jenkins also was asked if the elimination of McCarthy was a pos-i sibility. “I'd rather not answer that.” Jenkins replied. McCarthy has long contended the dispute is mainly between Cohn and Adams. The press release which figured in today’s testimony was a subject of controversy from the beginning. Both sides agreed on one thing— he paper was a press release which Adams wanted McCarthy to issue last October, though McCarthy refused to do so. f By DON NORRIS The City Planning and Zoning Commission recommended Monday night that the City Commission place in Zone B < two-family residence» all lands to be annexed for limited purpose. An ordinance annexing lands within a five-mile radius of the city will come up for final read- j ing May 14. The zoning panel resolution excepted all property row used for purposes other than Zone B in the area. Property Asked The panel also asked the com- j mission to purchase enough property at North 20th and Peach Sts. to enable Peach St. to be made a thoroughfare. That move was in line with the board's program of planned routes through town. Approved was zoning from B to Zone F (local retail) of one lot at the northeast corner of North ,13th and Hickory Sts. The change was requested by Dr. J. Estes Merrick. Woodiawn Developers. Inc wore given panel approval of a plat for Treeland Addition. The addition is between North Sixth and Eighth Sts. and from Kirkwood to Victoria St. Minor Alexander is president of the corporation. South extension of Elmwood West addition was also approved The area Is east oi the new KRBC-TV studio and between Hartford Dr. and South 14th St The board had earlier withheld final approval until drainage ot the area was approved by the city engineer. Developer of the area is W. W. Wagley. Public Hearing Slated Notice of public hearing will be made at the board’s request by City Planning Engineer Doyle Singleton for re-zoning of both side* of South 14th St. Request was that the zoning be See ZONING, Page 18-, Col. * ;