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Abilene Reporter News (Newspaper) - October 3, 1938, Abilene, Texas Gales Are Open for 1938 West Jexas Free Fftif, Offering Greatest Bargain in Entertainment on Record WIST TEXAS] OWN *-• I NEWSPAPER VOL. UVI11, NO. 125. CHM rrrN (WPI OPENING TODAY—-WITHOUT, OR WITH OFFENSE TO FRIENDS OR FOES WE SKE ICH YOUR    EXACTLY    AS ABILENE, TEXAS, MONDAY EVENING, OCTOBER 3, 1938—EIGHT PAGES AwwlttN Pm* < API PRICE FIVE CENTS Jubilee Exposition Promises to Be Fair’s Greatest Colorado Sends Judge Suggests Compromise In State Oil Suit Conference Will Decide Action in Anti-Trust Case AUSTIN, Oct. 3.—(AP)—A conference looking toward compromise was agreed upon today by state and defense attorneys in Texas’ $17,000,000 suit against 15 major oil companies and two oil men’s associations charged with violating •tate anti trust laws. District Judge J. D Moore suggested r compromis1 after the defense had reque.s vi a continuance. Atty. Gen. William McCraw Invited attorneys to meet in his office at 4 p. rn. 'Piled seven years ago when Gov. James V. Allred was attorney general. the case had come up agata in state district court for trial on merits, after having been the instrument for a legal battle to the state supreme court Judge Moore said it might be possible to reach an agreement and avoid renewal of the legal conflict which would be expensive and probably extend over several months. He suggested the defendants might pay the court costs and possibly make some restitution for violations of the law claimed by the state.. The code of practices adopted by Hie American Petroleum institute several years ago and the basis of the state's suit had been discontinued and practices complained of no longer existed. Juc[ge Moore say,    ^    -\- He noted further that a compromise had been worked out in a federal suit In Wisconsin for civil anti-trust law violation and said there was no good reason why Texas could not do the same. Some of the defendants in the Vxas suit also were defendants in the federal case. In asking for a continuance, defense attorneys said they must appear October 14 for further trial of the federal prosecution on criminal charges in Madison. WTis. Judge Moore first said he would give a decision on the motion for continuance today, but after the agreement to hold a conference looking toward compromise w-as reached he said he would act on the motion tomorrow. Attorney General McCraw urged delay until tomorrow, asserting the case was of such magnitude time to consider the compromise was needed. A. A. Maxwell Funeral Held BUFFALO GAP. Oct. 3—Funeral Pf Albert Alexander Maxwell, resident of Buffalo Gap since 1919, was held Saturday afternoon at 4 o'clock at the family residence here Homer Hailey, minister of the Highland Church of Christ at Abilene officiated. Burial was in Buffalo Gap cemetery under direction of Jenkins funeral home of Tuscola. Mr Maxwell was born April 19. 1856, at Birmingham, Ala., and moved to Menard county, Texas, as a youth. He was married to Effie Reynolds Nov. 17, 1888 Surviving Mr. Maxwell are his wife and 12 children. Th^y include Mrs. Carl Russell, Rowlett, Texas; Mrs. M. A. Harris, Hobbs, N. M.; Mrs Charles McKee. Wann, Okla.; Mrs. Arthur Armes, Goodland Okie.; Mrs. W. W. Stephens, Tuscola; Hazel and Allie Maxwell, Buffalo Gap; W. K. Maxwell, Galena Park, Texas; J. A. Maxwell. Klamath Falls, Ore.; J. B. Maxwell, Klamath Falls, Ore.; George and Ike Maxwell, Buffalo Gap. Mrs John L. Kincaid of Buffalo Gap, and Mrs. John Sands of Abilene are nieces. Pallbearers were B. K. Brookre-son. John Scoggins. Terrell Tally, A. B. Tally, Glen Johnson, R. D. Toney. The Reporter-Newrs wishes to apologize for a typographical error that appeared in the heading over a news item in Sunday’s issue reporting Ute death of Mr. Maxwell. TAYLOR C0UN1 ITS FIRST WOMAN JUROR SWORN IN BEFORE CO ORT DISCOVERS MISTAKE Taylor county’s first woman juror was sworn in in 42d district court this morning — by mistake. She was M. A. Baumgardner, householder, tax payer, business owner, and a widow. On the county Jury wheel, the name appeared simply as M. A. Baumgardner and was in due course drawn for service. When the venire reported to district court this morning, M. A. Baumgardner was among those present. She sat just across the aisle from the other prospective jurymen and rose with them to be sworn. It was not until the name j was called for questioning by attorneys that the coart dis covered M. A. Baumgardner was a woman. Judge M. 8. Long said he was sorry the mistake had been made, that the state of Texas does not recognize women jurors, so he would have to ex- ruse her. Mrs. Baumgardner said that she was sorry too, as she was perfectly willing to serve. She lives at 3326 South Seventh street. The jury was being selected for the plea of privilege hearing In the case of E. B. Sayles vs. Mona D. Newton, suit to cancel deed. The hearing is to determine whether or not the case shall be transferred to Galveston. ON TRIUMPHAL TOUR- Fuehrer Vows Reich to Retain Sudetenland orangoutang Menlein Hands ETy5 Territory Over Cheers Interrupt Talk; Free Corps Accompanies Hitler EGER. Germany, Ort. 3— (UP)—German army officials arrested six officers and men of the Czech army today at the Eger airfield. They apparently had returned to the field to see what was happening after the Czech army withdrew from this area in advance of German occupation. By MELVIN K. WHITELEATHER WITH THE GERMAN ARMY OF OCCUPATION IN SUDETENLAND, Oct. 3 — (AP)—Adolf Hitler personally assumed power over this former Czechoslovak territory in a triumphant military procession today and declared that “never will this land be torn from the reich.” Following his armies through the heart of Sudetenland, he made two stops to accept guardianship of all Sudeten Germans and iwvfttl them to join "our march into a great German future.'’ HAILED AS LIBERATOR At W .ccnau, on the frontier, S i-deten Nazi Leader Konrad Henle'n symbolically handed the entire Sudeten territory to him. At Eger he was welcomed by cheering inhaht- Passport Taken up— MAESTRO TOSCANINI IN DUTCH WITH ITALY AGAIN SHANGHAI. Oct. 3—<A>)-An old Chinese and Japanese legend about Orangoutangs was applied to the oriental war today. A Japanese correspondent reported he had it from a reliable Japanese source that the Chinese had 5,000 orangoutangs trained to throw hand grenades. Furthermore, the correspondent wrote, he was told the Chinese had been capturing and training the animas in southwestern provinces for the past IO years. There frequently have been legandary stories lru the orient of trained orangoutangs. PARIS. Oct. 3— (UP) —Anturo Toscanini, orchestra leader considered by many the world's greatest living musician, was reported "in bad" again with the Italian government today and his whereabouts was not known. Toscanini’s passport had been taken up by the police of Milan. Italy, his home city, presumably to prevent his going to the United States, where he has an engagement to lead a symphony orchestra in a series of radio concerts. A report originating there from a source close to his family said he had left his home and had crossed without passport, and, therefore without authority, into France, determined to sail for the United States Wednesday "at any cost.” But, though Toscanini is a grade A celebrity well known and easily recognizable in any part of the world, and though United Press correspondents were on the alert for him. there were no reports of him in Southern France. Green Charges NLRB CIO Ally AFL Chief Also Brands Lewis as Communist Leader CONVENTION HALL. HOUSTON. Oct. 3—(UP)—President William Green of the American Federation of Labor today charged in opening the organization's 58th convention that the National Labor Relations board "has become an ally of the CIO ” He also charged that John L. Lewis, head of the Committee for Industrial Organization, la leading a dual movement which in 1924 he described to a congressional committee as ‘’communistic.” Speaking before hundreds of delegates and to a nationwide radio audience, Green aimed blistering criticism at the administration of the Wagner act and warned that “American labor will not tolerate governmental control—governmental dictation." "We want to be free,’’ he said. "We ask only that the Wagner act be administered by a fair not a biased group. We serve warning that we will go before congress this winter and demand that changes b6 made in this law and in the personnel of the board which administers it. "As conditions are today, the N. L. R. B. Is an ally of the C. I. O. We won t stand for that." Green roared the federation s defiance of Lewis and his aides and brought cheers from the delegates when he said that the federation has emerged from the labor war with a membership of 5.000.000, the largest in its history. He described the federation as the greatest bulwark against the invasion of foreign isms into the national political and economic life. BERLIN, Oct. 3—(UP)—Gen. Wilhelm Keitel, commander-in-chief of the armed forces and Minister of Justice Franz Guertner issued a decree today providing that from October I, offenses against Germany In Sudeten territory will be tried by court martial. tunis and formally took the Sudeten j capital into his expanding Germany. Through the 17-mile ride I from Dildenau at Eger, Hitler was acclaimed ss a liberator. The fuehrer rode the entire distance standing in an open automobile, his face'solemn and his arm ever raised in salute. Hitler's first half in his new domain was at Haslau, where he inspected anti-aircraft and anti-tank companies drawn up in the former Czechoslovak army—Sudeten free corpvs no man's land. Eger duplicated the reception given to him along the route. After the ceremony at the market square, he visited the house where Prince of Wallenstein, generalissimo of the Hapsburg army in the Thirty Years' war, was killed by an assassin February 25, 1934. The prince was a forerunner of Hitler in advocating Rny sacrifice See HITLER, Pg. *, Col 5 Scenes like the nformal dismounting above will be highlights of the Buetler Brothers rodeo, which is to present the first of six performances at the West Texas Free fair tonight at I o’clock. Truck Strike Ends NEW YORK. Oct. 3—(UP) — A truck strike which for a while paralyzed commerce In the greater New York area was settled today when the Highway Transport association, representing the only group of employers who had not come to terms with their drivers, signed a contract with the International Brotherhood of Teamsters. Allred to Make Houston Home AUSTIN, Ort 3—(AP)—Gov. James V. Allred announced today he would reside In Houston after his term as governor expired. He has been appointed judge of a new U. S. district court In South Texas. IOO Arabs Killed JERUSALEM, Opt. 3.—(JJP)-— More than IOO Arabs were killed in palestine in flashes with British troops over the weekend, autliri-tl4K estimated today. MERCY SLAYER ASKS ONLY TO ATTEND WIFE S FUNERAL MINEOLA, N. Y., Oct. 3 — (UP)—Ready to stand trial for the "mercy killing" of his wife if authorities so decree, Harry C. Johnson asked just one boon today—permission to attend her funeral. “It’s the one thing in this world left for me to do," the 65-year-old retired gasolir? distributor sair’ as he awaited in a hospital ropjn ,t he r tcome of scientific festis \ #(t :q> up rate rests. $ upon which his % The question faced by authorities was; Did 67-year-old Jennie Johnson die of gas poisoning or from the effects of * stomach cancer which made her last days on earth so miserable that she asked her husband to kill her? Dr. Theodor if. Curphey, Nassau county medial (hcam-iner, said after an autopsy yesterday that Mrs. Johnson would have died soon even lf her husband had not decided to make * m DEFENDING PACT- Chamberlain Lauds FDR WHAT GOES UP COMES DOWN-AT RODEO Duff COODGf Flays Accord Resigned Cabinet Member Weeps In Denunciation LONDON, Oct. 3—(AP)— Prime Minister Chamberlain today acclaimed the contribution of President Roosevelt to last week s negotiations which averted a European war. "The voice of the most powerful nation in the world" spoke across the sea to sway Europe's statesmen to ways of peace, declared Cham-! berlain in his defense in a tense house of commons of the Munich four-power accord for the dismem-I berment of Czechoslovakia. DUFF COOPER ATTACKS The prime minister angrily tossed : back cries of "shame!" at his crit- ! lea and announced an immediate $50,000,000 loan for dismembered Czechoslo\akia, "The prayers of millions were i answered” by the Munich pact,! Chamberlain declared. The prime minister replied to a bitter denunciation of his bargain with the dictators by Alfred Duff Cooper, wh' quit Saturday as first lord of the admiralty and who broke into bitter sobbing when he declared the Munich terms “stuck In my throat.” Chamberlain paid tributes to President Roosevelt and to his fellow signatories of the Munich agreement. Reichsfuehrer Hitler and Premiers Mussolini and Dandier. ‘The messages of President , Roosevelt, so fairly and yet so per- I suasively made, showed how the voice of the most powerful nation in the world could make Use” heard across 3.000 miles of ocean and away the minds of men in Europe,” said the prime minister. Czech Government Likely to Reform PRAGUE, Oct. 3 —(UP)-Reor- i ganlzation of' the government of, Premier Gen. Jan Syrovy appeared likely today as Czechoslovakia negotiated with Hungary for surrender of minority territory such as that taken by Germany and Poland. Prague newspapers reported that contemplated change* would leave j Syrovy as premier but return members of the former cabinet of Premier Milan Hodza to posts of im-i portanee. Hodza probably would be a member of the reorganized cabinet, which would include more Slo- j yaks. Close fpllaboration between the cabin* and the army would continue. Report# abroad that President Eduard Benes would resign were discounted here. Gates Designated To Prevent Traffic Congestion at Fair To avoid undue traffic congestion at entrances to the West Texas Free fair grounds on South Seventh street, fait officials have announced the following gate designations: Gate I, first into the fair grounds, east of the auditorium, is the gate to the parking lot. It Is for use of persons who wish to park their automobiles while attending the fair. Private automobiles are not to be allowed in the grounds proper. Gate 2, just •    * of the audi torium, L« for taxis, buses, and emergency use. Gate 3. adjoining the zoo. is for heavy transportation. Unnumbered gates Immediately in front of the auditorium are for use by pedestrians only. General information headquarters will be near the Exhibition building, immediately in front of the West Texas Utilities sound booth. Mary Harriet Sayles will be in charge. All lost children, information, and publicity are to be gathered at the information booth. The booth also will be headquarters for all visiting delegations. Ticket windows for the midget automobile races were to open at I o'clock. Admission will be 50 and 25 cents. Judge Davidson Calls Federal Court Docket * Fall term of federal court opened here today with Judge T. Whitfield Davidson calling a heavy civil case docket and disposing of one criminal case in which the defendant pleaded guilty. There were 49 civil cases called by George W. Parker, district clerk. Ttilrty-four cases were set during the next three weeks. Seven cases were continued, five passed, three dismissd and one transferred to the Fort Worth district. Horace A. Alexander of Sweetwater pleaded guilty to a charge of possessing and selling counterfeit coins. He was assessed a fine of $1, to be remitted, and a sentence ——-___ of 90 days in jail on the first count On the second count he was given a fine of SI. to be remitted, and three years in Leavenworth, probated for five years. COUNTERFEIT CASE TOPS guilty except Delgadillo. Eastus also said that the bills were similar to those passed by Jack Lavorn and Claude Nevins. now serving sentences of 2b years each. Ladora and Nevins were convicted in O. W. Holmes and Bill Riley, j Abilene about 18 months ago. .v,,.    —a.__ Naturalization petitions will be Abilene n«gro« charge with pea- h(,rd Tutsd>y ,£rnoon at p. rn session of non-tax paid liquor first xh^ Abilene DAR organization has pleaded not guilty. Because of a asked permission to broadcast the conflict in the charge the case was cases over the local radio station. Germans Seek Trade Treaty BERLIN. Oct. 3— hp) —A trade j treaty with the United States I emerges as one of the new goals before Germany, now that Czechoslovak Sudetenland has been won in bloodless victory. Economic supremacy in the Balkans and understanding with France are others. The Sudeten occupation marked the second time in less than seven months that the nation's border had been moved forward. Austria was the first Germans reckoning of the future generally saw in the Munich four-1 power agreement for partitioning, Czechoslovakia and in the British-] German pledge not to war against each other a new morning in Euro- < pean relations. It appears, however, that colon-1 ies have been relegated to the background momentarily. It is said. unofficially, that Chancellor Hitler and Prime Minister Chamberlain touched upon the question but briefly. Germany's interest at present appears primarily centered upon economics—domination of the Balkans as far down as Turkey and including Hungary, Yugoslavia and Bulgaria, all of which countries Economics Minister Walther Funk visited on a recent tour. passed until the afternoon session. Riley, represented by J. P. Stinson, Abilene lawyer, reconsidered his plea, pleaded guilty and asked the mercy of the court. Topping the criminal docket, where approximately 15 cases will be tried, is the case against Wylie C. Bullard. Clem F. Mc-Dow, Dillard L. Lane, EU Wheeler, Ramllfo Delgadillo, Clayton Clifton Bullard, Carve Jean Hartman and Lillie Farris Shields, charged with passing appr ximateiy $2,860 in $20 counterfeit bills In Texas and Louisiana. Dist. Atty. Clyde Eastus said all persons charged were    to    plead Another case expected to Interest Abilenians .will be that of J. Carl Fowler, who is charged with obtaining money by false and fraudu-ent means Eastus charges Fowler forged the names of children on insurance applications, sent the national headquarters, of a fraternal organization. The Weather F**. continued warm tonight and Tuesday , T”a, hI''alr' continutd warm tonight and Tueaday. TEMPERATURES Sun.    Mon. Barcelona Raided BARCELONA, Oct, 3—(UP)—An insurgent seaplane raided the port of Barcelona early today, scoring a direct hit on the British steamer African Mariner and slightly damaging the Britisher steamer Lake Geneva. i 30 p m fl .30 a rn. 12 3#p.m Dhv thermometer    *7    «7    OO Wat thermometer    SO    55    *3 Relative humidity IS    4S    •    20 Motorcade; Old Settlers Gather Oldsters Compare Memories of First Fair Here in '88 Ladies and gentlemen;—The West Texas fair for 1938, the biggest entertainment program Abilene has offered the Abilene country in a half century of regional entertainment. The exposition, only a few hours old. is in full swing. Exhibits— the pride of Abilene's industry, the handiwork of its women, the Achevements of Taylor. Jones and Callahan county farm women, the products of West Texas soil. Hereford cattle from the finest ranches in the state, poultry and other livestock second to none PIONEERS ENTER FIRST On the midway—shows and rides to the stirring music of the calliopes. Everywhere—opening day visitors seeing the six-day program off to a record start. Pioneer* of this section officially gave the fair Us sendoff at I o'clock as golden ribbons barring the entrance were cupped, and the old-timers who saw the first regional fair , launched here in *88 were making merry again. By 2 o'clock, the center of attention had shifted to the grandstand. where opening day throngs were witnessing Abilene's introduction to midget automobile racing. At the same hour, Abilenians were all sn to meet a Colorado delegation carrying banners of the Promising OI: company. This official welcome was to be staged at First and Sayles boulevard, with the Mitchell countians to proceed immediately to Fair Park for spudding of the Promising Oil company's No. I City of Abilene Fair Park. CATTLE JUDGING TUESDAY At 8 p. rn , the rodeo. Beutler Brothers were here with more than a hundred head of rodeo stock, all set for the initial performance. That, in brie!, is opening day of the West Texas Free Fair. Take a look at the Tuesday calendar. Abilene will have many visitors on hand—Haskell, Fisher, Jones and Stonewall counties are receiving the honors, with the designation of Tuesday as their day. They will share the occasion with Abilene Christian college, and rural school children of West Texas. Attendance is expected to mount, with these attractions; Hereford show Judging ai 9:36 in the morning in (he judging arena that center the automobile building which houses the Herefords — not automobiles— this year. Automobile races at 2 o'clock at the grandstand. These are packed with excitement. Race No. 7 is an Australian contest with every car passed tagged out and the last machine in the winner, while Race No. 8 is a contest for winners of the first six events. COTTON FESTIVAL OPENS Joe Reichman and his orchestra at the fair park auditorium at 3:30 oclock in the afternoon, first of his concerts which will build up to the Texas Cotton Festival coronation at 8 p. rn. Wednesday. Royal Cotton parade at 5 o'clock. Scores of decorated floats wUl Join in street pageantry which Is expected to take the attention away from the lair grounds for a brief period. Beutler brothers rodeo again at 8 p. rn. at the grandstand. Texas Cotton Festival introduction and Joe Reichman and his band at 8 p. rn. in the auditorium. Festival dance, first of two, IO p. rn. Hotel Wooten. The visitors are coming from all directions for the Tuesday festivities. From Knox City comes the word to Bob Cannon, fair publicity director, that a bus load of guests from there will be Abilene bound early tomorrow. NO PIONEER PARADE Up at Haskell, Ralph Duncan, chamber of commerce secretary, was completing today the roundup of a Haskell county motorcade which will move in on time for all afternoon anti evening features. The Runnel* county delegations See FAIR, Pg. 8, Col. 5 her passing a merciful one. Dr. Abraham W. Freidrich, county toxocologist. was instructed to *ake a blood test today to determine the extent of gas poisoning. Johnson, himself suffering from a heart malady, made no attempt to conceal his act. 1113 years ago. he said, doctors informed him Mrs. Johnson had but twol^ears * v# In recent weMM he said,‘She had asked him i-epeatedly to put her oui Of her misery. For five sleepless days and nights he consulted with • his conscience. Saturday he made his decision. Johnson attached a garden hose to a gas jet In the basement of their Hewlett, N, Y., home and intr*juced the othei; end to his wifes bed room. “Go (ft sleep, darling." he told her. "You’ll be all right" • ffhen he weqg^ to the basement and opened the jet H$> waited until he was §|rtam st# r. dead and then‘aUlec^po-'*’ Cowboys At Texaf the Hardin-Simmqp a* •jf a® Settees of football training cargo 4)3is fall L ing tfchown today 4$t the Texas theater as part of the Fox Movietone. Several stets of the players in Cowboy regalia are ti the pic- turt’ • m rn rn    ^    #    • Of* rn Arsenic in Pudding: Mass Tummy Ache HAGERSTOWN. Md.. Oct. 3—(UP)—Police today sought to determine the source of arsenic which was introduced with disastrous results into 284 pounds of ponhaus— a kind .of meat tmddii#. Only 80 podilds of the ponhaus was sold before the first victims began calling for medical ald. The rest was confiscated by health officials. Before purchasers of the 80 pounds could be warned, however, 78 persons had eatexi enough to require medical care.    .    • Dr. W. R. Cameron, city health officer, said examination of the product showed weenie had been added at the-time the pon-hau^was n^de at agnail mea ting plant. ;