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Abilene Reporter News (Newspaper) - November 16, 1954, Abilene, Texas Give Th«0frtt«d Wsy Wift llWlenc "WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES" Byron_ MDHmUG VOL. LXXIV, NO. 150 Associated Press (AP) ABILENE. TEXAS, TUESDAY MORNING. NOV. 16, 1954-EIGHTEEN PAGES IN TWO SECTIONS PRICE DAILY 5c, SUNDAY lOc Heart Attack Fatal Lionel Barrymore MINE BLAST SCENE — This is the entrance to a coal mine in Farmington, W. Va., in which 15 men were trapped by an explosion in West Virginia’s worst coal mine tragedy in a decade. Dark hole in the center is the shaft, entered by an elevator housed in the building at right. Entrances were finally sealed to put out a fire, ending all hope; of saving the 15 trapped miners. (AP)_ — Lawmaker Suggests Tossing McCarthy Out of Senate WASHINGTON. Nov. 15 (JV-The hotly debated Irving Peress case churned up a couple of upheavals in the McCarthy censure row today — followed by a Democratic statement that Sen. McCarthy ought to be thrown out of the Senate. The expulsion suggestion was made by Sen. Ervin (D-NC), who accused McCarthy of making “foul their grasp.” and gave him an' ed, however, he does not intend honorable discharge instead of a court-martial, even after a court-martial demand from McCarthy was delivered to the “responsible Army staff.” In the wake of Case’s announcement. Ervin took the floor and said he came to the Senate oppose to expelling McCarthy, or stripping him of his committee and fantastic charges” against the chairmanships, but he declared; committee that recommended he be censured. But Ervin said he would not formally move that McCarthy be ousted. Ervin spoke out on the Senate floor after Sen. Cate <R-SD), a fellow member of the six-man committee that recommended censure of the Wi.sconsin Republican, anounced he will switch sides and vote against rebuking McCarthy on one of two pending charges. Case said new evidence supplied by Secretary of the Army Stevens convinces him McCarthy should not be censured for alleged abusive treatment of Brig. Gen. Raloh W. Zwicker when Zwicker tc . iied on the Army’s handling of the Peress case. The SoMth Dakota senator said it is now evident that high Army officials “let Peress slip out of I’m willing to admit I have changed my mind in both particulars.” Ervin, who succeeded the late Sen. Hoey (P-NC) last June, add- to propose expulsion of McCarthy during the present debate which is on a recommendation by Ervin, Case and four other senators that McCarthy be censured on two counts of unbecoming and contemptuous conduct. The chairman of the censure committee. Sen. Watkins iR-Utah), sought meanwhile to pull the rug from under McCarthy’s “who promoted Peress?” campaign. Watkins said McCarthy himself can readily dig out the answer on the basis of information already supplied by the Army. San Antonio Move Asked in $500,000 Albany Libel Case ALBANY, Nov. 15 — Testimony opened here Monday on a plea of privilege filed by Naylor Publishing Co.. defendant in a $500.000 libel suit, seeking removal of the case to San Antonio. Jones of Cop Says Murder Had Him 'at Sea' CLEVELAND, Nov. 15    — A suburban police chief, a big, quiet, ham-fisted man. admitted today he was at sea when confronted with the murder of Marilyn Shep pard. He had to ask city detectives for help. “Our experience was very’ little along those lines,” Bay Village Police Chief John P. Eaton. 60, testified at the first degree murder trial of Dr. Samuel Sheppard, accused of slaying his wife. Eaton has headed the seven man police force for 13 years. Eaton sought aid from the first two Cleveland detectives to arrive on the murder scene last July 4. The pair, Patrick Gareau and Robert T. Schottke. were the first to point the finger of suspicion at the 30-ycar-old asteopath as the siBycr, When Judge Floyd Jones of Defense Atty. William J. Corrl-Breckenridge, presiding for Judge demanded to know if Eaton ■    •    AM__I T'\ldmal^¥    ®    A    1-___ J. R. Black in 42nd District Court, recessed court at the end of the day Judge Thomas L. Blanton was reading the first of 20 depositions he plans to introduce in evidence. Plaintiffs in the suit are Mrs. Bessie Reynolds Hollowell of Albany and Mrs. Gussie Reynolds Connell of Post. They allege that a book published by Naylor reflects adversely on the reputation of their father, the late Glenn Rey- ”°s1anley Wilson and Marvin Sprain of Abilene are attorneys lor Naylor.    _ turned the case over to them. “We asked them for their help,” Eaton corrected the lawyer. When the two Clevelanders told him the “physical evidence pointed strongly” to Dr. Sheppard, he agreed with them, the chief said. Corrigan used the chief’s inexperience with murder as a springboard for a blistering, sarcastic cross examination. He sprayed questions at all angles of Eaton s testimony in one of the fiercest goings-over of the trial. Corrigan tried to get across to the jury that the Bay Village chief bungled the investigation, himself, and was a willing accomplice of the Cleveland detectives when they fixed Sheppard as the guilty man. Eaton twisted his big hands nervously in his lap, and occasionally rubbed his face. But he kept his voice low and even, and gave no outward sign that the questioning upset him. He followed one of his cops to the stand. Late in the day. Eaton was succeeded by Larry Houk, son of the village mayor. Ban on Union Shop Is Ended By U. S. Court AMARILLO. Nov. 15 i,ff»-An injunction banning a union shop agreement between the Santa Fe Railroad and 16 non-operating unions was dissolved today in a reversal of a case called a legal test of Texas’ “right to work” law. Associate Justice Herbert C. Martin of the Seventh Court of Civil Appeals wrote the decision reversing a lower court ruling which last February granted the permanent injunction. “To enjoin collective bargaining under the theory that it threatens irreparable injury to one or more of the parties concerned is to wholly destroy the right of collective bargaining.” Martin wrote. Throws Out Decision In doing so, Martin tossed out a decision handed down in the 108th District Court in which Judge E C. Nelson said Texas’ “right to work” law, in this case, took precedence over the Federal Railway Labor Act. which authorizes carriers to enter into union shop agreements. In granting the injunction in February. Nelson said the language of the union shop amendment to the Railway Labor Act is permissive rather than mandatory. The original suit was brought by M. E. Sandsberry and 12 other nonunion Santa Fe employes against 16 non-operating unions and the Santa Fe.    ^    * Although named as a defendant Santa Fe filed a cross-complaint in which the railroad, in effect, sid ed with the 13 employes. The International Assn. of Ma chinists appealed the injunction Would Deny Rights Nelson’s February decision said a union shop agreement would deny to the 13 plaintiffs rights guaranteed to them under the 1st, 5th. 9th. 10th and 13th Amendments to the U.S. Constitution, and would result in “irreparable injury” to the railroad. Referring to the apparent conflict between state and federal laws. Nelson said then that although Congress has the right to regulate interstate commerce, “whether the employes of the Santa Fe are union members or not is not a matter vital to the carrying on of commerce between the several states.” ^  ___ NAGUlii DEPOSED — Egyptian president Maj. Gen. Mohamed Naguib, center foreground, is escorted from Abdin Palace in Cairo by officers representing the gov-erning revolutionary council which moved to depose Naguib. The Council accused Naguib of being implicated in the plot by Moslem Brotherhood vyhose agent attempted a vain assassination against Premier Gamal Abdel Nasser. (AP)    ...... Negro Parents Ask Integration by Fall WASHINGTON. Nov. 15 (^Attorneys for Negro parents told the Supreme Court today they would accept a slight delay in the wiping out of racially segregated public schools, but only until next September. the start of the next school year. However, six Southern states told the court an abrupt switch would be dangerous and would disrupt their educational systems. The gravest concern was expressed by North Carolina, which said integration of the races might bring “bloody race riots.” EX-OFFICIAL ON TRIAL No Posts Sold, Witnesses Say pygPY ballot counts Close Vote Real Challenge To All Who Stayed Home By HOUSTON HARTE Publisher. San Angelo Standard-Time* WASHINGTON. DC.. Nov. 15— After talking to as many politicians and pundits as possible in a 10-day swing through the north and east I found only one unanimous opinion- the election was close. It leaves a challenge to the lap or indifferent voter who was disappointed with the results, but did "‘Be'fore all the counting had been completed, and the recounting be-Tun the election had given the answer to the man or woman who “No. I didn’t lake the trouble to vite. My vote doesn’t count! Your vote counted Nov. 2. Richard Neuberger, won a Sen-.te teat in Oregon by 2.500 votes, juit changing tha vott of ont person in one half of Oregon s 2,499 precincts or getting out one more Republican vote in each precinct would have defeated Neuberger and left the Senate in a tie. In New Jersey, one more Democratic vote in each of the state’s 3 898 precincts would have defeated Clifford Case, the Republican, end elected a Democrat. In New York, Averill Harriman’s plurality is less than 10,000 votes out of five million. One more Republican vote in each of the Empire State’s 10,436 boxes would have elected Senator Irving gover- nor.    , In state after slate. Ohio. Michigan, Iowa. Wyoming, Montana, the resulU proved that your vota does count, that you havt the power to change the whole complexion of Congrese by exercising your electorial responsibility. You as voter are important. The Republicans will be more confident of their middle-of-the-road program as a result of the election. The Democrais will be less certain that their voters will accept a check drawn on the U.S. Treasury as a solution of every crisis. The    Senate    faces    Us first    ex perience with a splinter party. European Parliaments have had to deal with this situation for centuries, but when the 84th Congress    convenes in    January,    two senators will    have    commitments more    binding    than    those of    the party by which they were nominated. Case of New Jersey has said lee CLOSE VOTE, Pg. U-A. CeL 1 A suggestion that the actual racial integration of the schools be handled by federal district courts in the states was made by Texas. Maryland. Virginia, Delaware, the school board of Clarendon County, S. C., and the attorneys for Negro parents who are principals in the segregation cases before the high court. The states urged that the lower courts be given broad discretion to direct the integration to meet local conditions. The attorneys for the Negroes asked the court to lay down strict limitations to avoid “any invitation to procrastinate.” Would Ask Congress Arkansas proposed that the court ask Congre.ss to say how desegregation should be accomplished under the court’s ruling of last May 17 that racial segregation in the schools violated the Constitution. In handing down Us historic decision the court decided to hear further argument on how desegregation could be carried out. These arguments are scheduled to start Dec. 6. Today was the deadline for filing briefs on which the oral presentations will be based. The Supreme Court invited Atty Gen. Brownell to participate in the December arguments. His aides said today the Justice Department will file its brief, preliminary to the argument sessions, in a week or ten days. NEWS INDEX SICTION A ObituariM ........ Women'* now*..... Oil now*    •    • SlKirt* SICTION I Editorial*......... Comic*........... Form, morkot*..... Rodit-TV lot..... . 3 . 4 7 •-» . 2 . 1 .. 7 . • SWEETWATER. Nov. 15-Two witnesses for the state testified in 32nd District Court here Monday that they never sold any fence posts to James McMorries, former Martin County judge. They were Amos Jones and his son. Paul Jones, both of Marble Falls, from whom McMorries says he bought Ine disputed fence posts with his personal money and later received a county warrant in reimbursement. McMorries went on trial Monday on one of 14 indictments accusing him of misappropriating Martin County funds. Defendants named in other indictments also charging theft of public funds are .McMorries* brothers. Whit and M. H. McMories, Oliver Vaughn and Stanley Lewis, former Martin County commissioners; Joe Fro-man, a present commissioner, and Stanley A. Lewis, Stanton general contractor. Moved to Sweetwater The indictments, returned by a 118th District Court grand jury, were moved to Judge A, S. Mau-zey’s 32nd District Court here on a change of venue. Mrs. Doris Stephenson. Martin County district and county clerk, testified to the fact that McMorries was duly elected, qualified and serving as county judge at the time he is charged with converting the funds. She explained that a county warrant for $337.W was issued to McMorries on his own authorization. Mrs. Stephenson said county records show that the warrant was to reimburse McMorries for personal funds he had used to pay Amos Jones for the fence posts. Never Sold Post* Both Amos and Paul Jones testified they had never sold any fence posts either to McMorries or Martin County, although McMorries had called on them at their Marble Falls home. They stated McMorries asked them to say they had sold and delivered posts to him for Martin Coupty if they should be questioned by Martin County officials assisting the grand jury with its investigation Eldon Mahon of Colorado City 32nd District Attorney, is being assisted in the prosecution by Elton Gilliland of Big Spring and Martin County Attorney Ralph Caton of Stanton. Gilliland was attorney for the 118th Judicial District when the grand jury made it* investigation. He has since resigned to enter private law practice but announced at the time of his resignation that he planned to see these case* completed. Davia Scarborough «4 Abilent is attorney for McMorries, Members of the jury hearing the case are W. T. Denson, Earl G. Webb, Turner May, Dellis Dennis, Mvron Wagnon, Christo Rich-burg. A. A. Gabler. B. N. Egger. T. T. Brady, T. L. Finley, John T. Bryant and J. B. Cooper. Jr. Among them are eight farmers, a former Texas highway patrolman. a lumber yard worker, a petroleum laboratory technician and an oil company employe. THE WEATHER ABILENE AND VTCINITV mild Tuwday    and    Wednesday.    Hi^    teim peralurc    both    day*    70 to    75    defree*.    u»w CENTRAL ANl^ Generally fair and mild Tu»*day *nd WednMday. TEMPERATIBES 53 ............. I M    ..............S 53 ............. ’ 30    .............. 52 ............. 3    30 ............. S 51 ............. 4    30    .............M S» 56 ............. * 30    ............. » 60 ............. 10:30    .............. 62       11    30 .............. ^l£h and tow ftmperature« tor 24 hour* ended at 6 3« pm.: 6» and 47. Hi*h and tow temperature* same date last year: ’0 and *4 ReUtive humidity at *:30 p.m. p«r cent. Veteran Actor Dies in Hospital HOLLYWOOD, Nov. 15 (/P)—Lionel Barrymore, veteran stage, screen and radio actor, died tonight after a long illness. Death apparently was due to a heart attack. He was taken to Valley Hospital in the San Fernando Valley last night and shortly afterward lapsed into a coma. Barrymore. 76, was prominent in the “Dr. Kildare radio and movie series. His was an almost limitless talent. He was an exceptionally talented painter and musicion, and possessed of a rich, deep-pitched voice. Dr. John Paul Ewing, his physician, said Barrymore died of a complication of ailments, including arthritis. The immediate cause, said the doctor, was heart congestion. Son of the celebrated theatrical team of Maurice and Georgia Drew Barrymore, Lionel was born in Philadelphia. Brother of the great John and of the famous Ethel, the shaggy-browed veteran made his stage debut at the age of five. He was educated in New York and by private tutor, and attended Seton Hall, at Orange, N. J., where he came to know Thomas A. Edison. As a youth he appeared on the stage with his grandmother, Louisa Drew, but quit to study art in Paris. Returning, he was an illustrator for a year, then joined his brother, John, in “Peter Ibbetson.” There never was any question of his forte. He became a star with his performance in '"rhe Copperhead.” Next in “The Claw” he appeared with Irene Fenwick, They were together in “Laugh, CXown. Lauih.” and wara mainrUsd in 1923. Their romance until her death to 1936 was one ideal devotion and happiness. In 19^, he Joined Metro-Gold-wyn-Mayer to star in “The Barrier.” when sound came to the screen, Barrymore turned to directing. He triumphed with “Confession,” and is credited with being the first to use a moving microphone on a sound stage. He directed “The Rogue Song,” with Lawrence Tibbett; “Ten Cents a Dance,” with Barbara Stanwick; then returned to acting in “Madame X.” with Ruth Chatterton. Barrymore won an Academy Award for his performance in “A Free Soul,” with Norma Shearer, in 1931. He gave the screen some of its most memorable moments in “Grand Hotel,” “Rasputiii and the Empress,” “Dinner at E’Vht,” “David Copperfield.” “Ah, Wilderness.” “The Return of Peter Grimm” and “Captains Courageous.” The actor was versatile in other fields, as well. His etchings ranked him among the foremost artists of the day, and he was a talented composer.    .    ,    .    , Barrymore was the recipient of many honors, including the Speech Arts Medal, which he received In 1938. Each year for a decade he broadcast the role of Scrooge to “A Christmas Carol.” He also published a book. “We Barrymores.” as told to Cameron Shipp, in which he traced the background and experiences of the famous theatrical family.    _ LIONEL BARRYMORE • .. 71-year career end* RAIHS OVER U.S. Offers Atom Fuel for Others UNITED NATIONS. N.Y.. Nov. 15 (jfi _ The United States dramatically informed the U.N. today it has set aside 220 pounds of fissionable materiils to activate atomic reactors for peaceful purposes thrmighout the world. It was the first time in the atomic age that this country has offered to ship so much atomic materials, estimated to be enough for one atomic bomb, outside its borders on a mission of peace. An informed source said it was understood the 220 pounds is enough to supply 30 to 40 reactors. Closing his second big speech to the U.N political committee on President Elsenhower’s plan for using atoms for peace. Henry Cabot Lodge Jr. said to the suddenly-alert delegates: “There is one final matter which I would like to lay before you, and I hope it will once and for all remove from the minds of all any confusion as to how specific the United States ‘atom* for peaco’ proposition 1*, whether or not tht scope of our proposal ha* bean narrcwtd. 75-Degree Weather Forecast (See Related Story on P|^IB) Fair and mild weather with temperatures up to 75 degrees was forecast for the Abilene area Tuesday and Wednesday by the U. S. Weather Bureau. Skies were mostly clear here Monday after Sunday’s general rains over Central West Texa*. Precipitation in Abilene varied from 1.45 to 2.30 inches. Official reading at the weather bureau at Municipal Airport was 1.54. Heaviest rainfall in the area was 3.40 at Paint Creek. Clyde had 3.20 and Baird 3.10. At Albany 2.71 fell putting two to three feet in Albany Lake, Shackelford County Sheriff William Muse said. Ranchers in that county who were badly to need of stock water probably got some relief from the rain. WHERE IT RAIHED ALBANY .................... 2    71 BAIRD ..................... 3.10 BALLINGER ............... 100 CEDAR GAP.................1    90 CHILDRESS................20 CLARENDON..............1« HAMLIN ................... 130 HEDLEY ....................50 KNOX CITY ................ 2    00 MINERAL WELLS ...........86 MUNDAY ................... I    30 PADUCAH ..................20 , . .    ,    paint creek.............3    40 “I am authorized by    the Presl- qu^naH ..................10 dent of the United States to say |    ANNA ............. 1    25 that the Atomic Energy Commis-1 aNGELO..............09 sion has allocated 100    kilograms • gjAMFORD ................ 2.50 (220 pounds) of fissionable ma- j «I'puscOTT ............... 130 terial to serve as fuel    to the ®*’i tukkEY  ..............15 perimental reactor* to    which the     lo secretary of state and I have    pre- * ^viNTERS..............  1    PO viously referred. This amount of fissionable material is enough to activate a considerable number of these reactor* throughout the world,” This was the answer of the chief American delegate to complaint* by Rusaia’* Andrei Y. Vishinsky that Lodge had “narrowed down” the program put before the U.N. Assembly last year by President Eisenhower and that the U.S. is “delaying” the matter. This was also Lodge’s answer to a proposal by Carlos P. Romulo. Philippine delegate and former president of the U.N. assembly, that the United States and other atomic power* chip to 220 pound* of atomic materials — enough. Romulo said, to make one bomb — to an atomic reactor to be set up undtr tfaa UJN. WYLIE ......................2.25 Suspect in Bank Robbery Arrested MEMPHIS. Nov. 15 (ft ~ Police and FBI agents today trapped a man accused of the t^.OOO holdup of the First State Bank at Picher, Okla., last Sept. 18. • C. E. Weeks, FBI agent to charge, identified the prisoner as Louis Eugene Fletcher, 30, Vandalia, Mo. He was picked up near the downtown poatoffice. He did not resist. Weeks said Fletcher was under a federal bank robbery charge and had admitted taking part to the holdup. fs    K ;