Abilene Reporter News (Newspaper) - September 23, 1954, Abilene, Texas
WARMERWk Abilene toorter Moamo'WIT+HOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES'"—Byron
VOL. LXXIV, NO. 99
Associated Press (AP) ABILENE, TEXAS? THURSDAY MORNHNG, SEPT. 23, 1954 —TWENTY-FOUR PAGES IN TWO SECTIONS
PRICE DAILY 5c, SUNDAY lOc
Night Session Adds 8th Juror
By GEORGIA NELSON Reporter-News Staff Writer
ANSON, Sept. 22—It began to look doubtful Wednesday night whether a jury to try Willard F. (Bill) Gaither can be obtained In 104th District Court here.
Not one juror was selected all dav Wednesday. A night session
from Judge Thomas concerning the length of time consumed in examining veniremen, repetition, and the manner in which he framed his questions. The court frequently took over to clarify long, involved questions put by Briola. In making his examinations, the defense at-tornev has read from a hand-writ-
Warmer Weather To Accompany Fall
Weflnesday added one man \o the j ten li'st of more than 120 questions. panel—the eighth chosen so far. |
.\nd when Judge Owen Thomas recessed court at 9:20 p rn. Wednesday 39 veniremen remained for the selection for four other needed jurors.
The first eight were picked from among 95 men examined by attorneys the first three days of the trial. But the percentage of those who disqualified themselves from jury service skyrocketed Wednesday.
At one point when five successive veniremen had expressed conscientious scruples against inflicting the death penalty. Judge Thomas .asked one veniremen whether they had been discussing among themselves the reasons why those before them had been excused.
Out of 56 men questioned Wednesday. the court excused 45 for various reasons: the state used l>eremptory challenges to dismiss seven and the defense challenged three.
Several veniremen said from the witness stand that they had read
newspaper accounts of the _ ______
each day since it opened. Judge ^ of
Thomas had instructed them Mon-, sjncp
Fall arrives in .Abilene at 7; 56 a.m. Thursday, bringing with it predictions of more ‘‘summer” weather.
Despite the lowest reading here Wednesday since June 4. the weathermen forecast clear and warmer weather for the first day of fall.
i'all actually arrives when the earth’s axis <an imaginary Hne running through the North and South Poles» will exactly parallel the axis of the sun.
The weatherman .said Wednesday night autumn’s ‘‘football weather” would probably not be with us untilafter a warmup spell ends. The warmer weather follows move-a cold front
Gulf to Tell Sweetwater Plans To(!ay
SWEETWATER, Sept. 22 (RNS) —Bonner H. Barnes, of Pittsburgh, general manager of the Gulf Oil (3orp., indicated here Wednesday night that an announcement to be made at noon Thursday would outline the ’.uture of the Gulf Oil! Refinery at Sweetwater.
Mayor Don W. Smith said Barnes’ statement would be given out at noon Thursday and ‘‘that’s all I want to say about it.”
Barnes flew into Sweetwater Wednesday afternoon and departed the same night. He met with Mayor Don W. Smith and members of the Sweetwater City Coun-I cil and representatives of the Board of City Development.
The group was the guest of J.
Dead in Gun Battle At Missouri Prison
Army Convicis Lt. Colonel of Collaborating
FT. SHERIDAN. 111.. Sept. 22
ment through htre ol Monday.
Temperatures in the 24 hours ending at 6:30 pm. Wednesday were a maximum of 87 and a 54. This was the a high of 87 and a
C Pace Jr., former city commis- —U- Col. Harry Fleming, 46, to-sioner. for a barl>ecue. day was convicted of collaborating
Recent w idespread rumors have with the enemy in a North Korean been circulated in the Sweetwater; prison camp, the first I'.S. Army area concerning future of the re- officer ever court-martialed on this finery charge.
The infantry officer was cleared of two other charges—informing on other prisoners under his command and of conduct unbecoming an officer in allegedly stepping on the foot of a soldier, also a prisoner of war.
SAN ANTONIO. Sept. 22 No Show of Emotion
Cpl. Claude Batchelor was back in ; Fleming accepted the 11-mem-the Fourth Army stockade today ' court’s findings without show during a recess of the general; qj n,s ^ife and daughter
court - martial trying him on hearing room when
charges of collaborating with the verdict was read.
Batchelor Back In Army Stockade
low Thursday night will probably be about 60 degrees.
day morning not to discuss the juf,g 4
case or read news stories about it.
A sigh of relief swept over the courtroom when attorneys for both sides agreed on Lon Baucom, Anson farmer and laboratorv' technician at the Onyx Refinery, as the eighth juror.
Gaither, charged with murder with malice, is on trial for the June 17 slaying of Abilene Policeman Jimmy Spann. The officer was slam in a gun battle when he attempted to arres\ Gaither at Mer-
As on the first two days of the trial IVfense Attorney Peter Briola continued to draw reprimands
The mercury will probably expand Thursday until it reaches about 90, Warmth is ex[>ected to pu.<h it up another five digits on ; long a prisoner the thermometer on Friday. The . Reds in Korea.
North Korean enemy.
A dep.isition is to l>e read Friday from a Baltimore psychiatrist. Dr. l,eon Freedom, dealing with temporary insanity induced by brain washing. The case may reach a decision stage by Saturday.
Batchelor. 22. of Kermit was of the Chinese He first decided
against repatriation but chose to re turn home at the last minute.
lightning Kills Big Spring Painter on Mexican Visit
Residents Evacuated As Gas Escapes
Police were called in to evacu-' ate residents on East South 11th i St. around Petroleum Service. Inc.. late Wednesday night after acid gas began escaping from a truck, firemen said. \
The fire trucks were dispatched » to the scene about 10 37 p m., G L ^
Kirk, radio operator, said. They _
called in immediately for a booster . . j j
truck equipped with gas masks to , ed during the storm and decided enable them to reach the truck. (| to abandon their tent for Iheir pick-
Fuoeral Home (Big
Immediately, the court began hearing arguments of ‘‘mitigation and extenuation” as a prelude to passing sentence.
The maximum penalty could include dismissal from the service, forfeiture of pay and life imprisonment at hard labor.
The law does not provide for any minimum punishment but. in effect, it would be a reprimand.
There was no indication when a decision on any penalty would be reached.
Fleming, of Racine, Wis., was the first American army officer to be court • martialed for his behavior in a Communist prison camp during the Korean War.
Information received from Washington was that the Judge Advo-
BIG SPRING. Sept. 22 (RNS) — A Nalley _ . . * j
W H (Dick* Sides 52 Big Spring Spring) coach had gone lAedoesday cate Generals office had reported Damterandpaperhanger. was kill- night to return the body to Big Fleming also was the f‘rst U.S
Army officer ever court-martialed
painter and paper hanger ed about 2:30 p m. Tuesday while Spring, on a fishing trip to Tiburcios. Mexico. near Presidio,
First word of Mr Sides’ death reached Big Spring Wednesday.
He was accompanied on the trip by John Tidwell of Abilene and James W’. Johnson of Big Spring.
The trio had been gone since Saturday.
A teUnihone report here said that Mr. Sides died during a violent storm.
The fi.sherrnen became alarm-
Mr. Sides’ wife. Mrs. Opal Sides on a charge of collaborating with of Big Spring, was visiting in El the enemy.
Paso, She was notified and was returning to Big Spring.
Besides his wife, .Mr. Sides is survived by a son. Wilbur W. Sides of Big Spring; his parents. Mr. and Mrs Jess Side;? of Kirkland; and two brothers and six sisters.
Mr. Sides had lived in Big Spring since 1927, moving here from Childress County. .V..». ...........
Funeral arrangements will^ an- council ordered the park de-
Snake Pit Ordered Made Escape Proof Al Ft. Worth Zoo
FORT WORTH Sept. 22 u^-The
NO SCHOOL TODAY—Two unidentified school children read a small notice announcing that public schools at Milford, Del., would continue closed until an agreement oyer admission of Negro pupils to the local high school could be reached. The sign later was supplanted bv a large placard announcing that the school was Closed Until further Notice.” The* closing came in an area d ispute over adherance to the Supreme Court ruling ending segregation in schools.
Integration Smoothing Out Although 2 Schools Closed
Al the same time, they reuesled the tKilice officers be sent arouse nearby residents
up truck parked nearby.
Mr. Sides was the first to leave to! the tent. Just as he left, a bolt of . lightning struck a nearby tree and
The p(7lice dispatcher said the pas was first reixirted at 6 22 p m. as a nuisance. The report was turned over to the sheriffs department. since It was outside the city limits.
‘The company is located acro.-?s the street irom Uie American legion Club.
Kirk said there was no immediate danger of explosion from the esiaping gas but tlial there was danger of breathing the gas.
By 11:15 pm., (iremen had the situation under control. Kirk re-IHirted The acid was being washed down with water from fire hose*.
also Sides The tree was knocked down on him.
Johnson and Tidwell w’ere still in the tent. Both escaped unharmed.
The storm put streams in the fishing area on a rise and the fishermen were delayed in getting Mr. Sides’ body to the nearby town of Coyame. A!ex. Johnson and Tidwell radioed out to a funeral home at Maria to meet them at <')jinaga. Me\
The two surviving fishermen and the body were flown to Ojinaga * where they were met by a hearse from a Maria funeral home.
The l)ody was taken to Marfa.
HIT ON HEAP WITH BOTTLE?
Martha Raye"s Birthday Party Moves Into Court
Fla., Sept 22 Lfv-Mar-tha Raye, television and night club entertainer wants $400.000 injuries she says she suffered during a birthday party brawl on Bunini Island, a month ago tixtuy,
Mi.ss Raye fikxi suit yesterday ill Circuit i'ourt against Harry Bar-tuii. Coral Gables contractor, elaiming permanent injurie.s she said were cau.sed when Barton Muashed a whisky bottle on her head.
She said she will never recover fioin the effe“ts and that Barton also ‘‘list'd vile and profane language and maliciously assauliinl her” and claims the incident causeti her to have ‘‘blurring eye-sight, lainling »iiells and lusom-
The suit was fiU‘d in the entertainer’s married name, Martha HegUy. Hvr husband. Ed Begley, was at the party but was not involved. act'ording to reiiortf.
Miss Raye was celebrating her birthday at the time and reiwirls said the argument started when a parly of which Barton was a meiii-lH«r had a misunderstanding with
inemhers of the Hay# iHitiy about a calypan band.
PgrtlflpanU in the brawl, which liKik place in the Cumpleat Angler
nounced by Nalley F'uneral Home.
Robertson Renamed To State Prison Job
HOrSTON. Sept 22 .f^-The Texas Prison Board added $100.000 for farming exjx'nses next year to provide the system’s own food for the record 8,183 convicts.
The board reelected French Robertson of ,\bilene chairman and VV. W Cardwell of Luling vice chairman B \ Stufflcheme of (4rand Prairie was chosen secretary again.
R(g>ertson said the prison piipula-tion is increasing and the fi>od production must be increased if the system is to prevent purchases ot foodstuffs Byron Frierson, farm activities chief for the system, said every dollar spent would be doubled in priKiuction.
He said the cotton crop is hotter than expet'ted and is running at the rate of 1 149 bales for each ot the 9.135 acres planted to ct>tton. The acre yield last year was 84.
part ment today to make Forest Park Zoo’s snake pit escape proof.
The action came after Councilman Clarice Spurlock suggested that something be done to prevent: a recurrence of last Saturday’s es i cat'e of Pete, the 18-foot pythtn;
By THE .ASSOCIATED PRESS
Tension created by attempts to integrate Negro students into white classrooms appeared to be lessening somewhat in several sections of the nation Wednesday.
A strike by 21 white students against admittance of three Negroes to Sherman High School at Seth, near Madison. W Va parently was over.
Half a dozen white students were enrolled at Lincoln University. Jefferson, -Mo., a university established 80 years ago for Negroes only. No incidents were reported.
Students at Carthage High School Carthage, Mo., elected two Negroes as class officers. Charles Scott was named vice president of the senior class and Dub Cheney picko<i as reporter for the
that’s still at large. i junior class.
Meanwhile, the search for Pete j In Washington, the U S Supreme
had relaxed today but owner Harry Jackson emphasized it wasn't over.
‘‘It’s physically impossible to be everywhere at once.” he explained. •'We’re waiting for a new lead.”
Women'» now»........ 4
food ................. 5
Oil ............ 8
Sports ...........2, J
Editorials ........... A
Classified od»........ 0. ^
Rodio 4 TV ........ S
Form 4 Markets ...... 0
Court announced it would hear arguments Dec. 6 on how to carry out its decision against racial segregation m the public schools.
Court opens in October, but Harold Willey, clerk of the high tribunal. explained the week of Dec. 6 was the earliest available date for the arguments. Briefs are ex-^x'cted to be filed by North Carolina. .Arkansas, Texas. Florida, Maryland, Tennessee and Oklahoma.
On the other side of the picture efforts to stop what was termed segregation in the public schools in Hillsboro, Ohio, failed in U S. District Court at Cincinnati
U S. Judge John H Druffel de
nied a motion for a temporary restraining order against the Board of Education in the Southwestern Ohio city of 5.100. He set Sept. 29 for hearing petitions for a temporary injunction and a permanent injunction.
The court denied the temoorary restraining order because the de-ap* j fendants had not been notified such a suit would be filed.
The case is believed to be the first court test involving segregation to be filed in a northern state since the Supreme Court ruled against separating whites and Negroes in public schools.
Schools Stay Closed At Milford. Del., two schools remained clos^ due to telephoned Ihreau against Negro pupils. Dr. Ramon C. Cobbs, Milford school superintendent, said the schools would not open until Monday at least.
The Milford school board and
NEWLYWEDS TOO YOUNG TO DRIVE
Al’STlN, Sept. 22 mother walked into Travis County Courthouse today. locAing tired and worn out.
She explained to friends that her 17-year-oid daughter had gotten marned, and she »the mother* had just returned from driving them to San .Antonio for their honeymoon.
“They were just too young to dn\e.”
First Jet Bomber to Land At Air Base Here Saturday
Fire Breaks Oul Afler Riol Starts
JEFFERSON CITY, Mo., Sept. 22 (iPi—Desperate, rioting prisoners broke out of their solitary confinement cells of the Missouri State Penitentiary tonight and in a bloody gunfire exchange with guards at least two prisoners were killed and 14 more injured.
The howling prisoners, all within the prison walls, set fire to three buildings, and flames leaped high over the gray walls.
Still Out of Cells Four hours later, the milling prisoners still were out of their cells but officials said there was no danger of a break.
Fire broke out at the prison’s furniture manufacturing plant about 7:15 p.m., about an hour and a half after the "E” Hall break. It spread to other buildings rapidly.
Flames leaped up around the eerie gray walls of the peniten-I tiary and could be seen for miles. Prison officials said the rioting started in “E” Hall, the solitary confinement area of the sprawling stone prison.
They added it had been confirmed that two prisoners were dead and 14 injured. One guard, Oscar Corringtcm, was slightly injured with a bullet vound in his foot. They would not confirm reports that two guards also were killed in the shooting.
Two hours after the rioting broke Gov. Donnelly called on the Missouri National Guard for assistance. A Jefferson City unit equipped with flood lights was ordered to the scene by Maj. Gen. A. D. Sheppard. A St. Louis company was ordered to rush to the prison by special train.
Warden Ralph E. Edison said he did not know how the convicts had obtained firearms Reason for the rioting was not known, he said. Three of the injured convicts are asking immediate action to permit j reported to be seriously wounded.
The dead were not immediately identified.
Efforts Futtte After breaking from "E” hall, officials said, the prisoners freed inmates of at least two other halls.
Shots rang from the walls in the glare of the burning buildings. Two of the guard towers on the outer wall were out of touch with officials inside the prison.
One frightened old man who is night guard at the prison furniture factory was escorted to safety by two prisoners. He was Phillip J. Herbrandt. He said the convicts told him to “turn out the light and get out of there.”
The roof of the flaming school building crumbled to the ground. .At least two other buildings of the prison, opened in 1836 are 70 or 80 years old.
Rioting prisoners also set fire to the library, but other convicts managed to put it out quickly.
Twentv armed highway patrolmen under Col. Hugh Waggoner and Lt. H. D. Brigham went into a corridor just off the prison yard with Bernard Poiry. assistant deputy warden. They stood by while the injured men were carried te the prison hospital. Lt. Gov. Balri carried a 45 caliber pislol strapped to his hip.
Sporadic shooting continued at 9 p m. and fires were still burning in the prison yard.
‘Two w hile shirted prisoners went inside the yard with fire extinguishers in an attempt to put out a fire at the yardmasters office. Their efforts were futile.
the state Board of Education scheduled a meeting for Thursday night in an effort to solve the integration problem.
The Brewton, Ala., Board of Education announced receipt of a petition from Brewton members of the National Association for the .Advancement of Colored People
Negro pupils to attend white schools.
Alabama legislative leaders have recommended their state join other southern slates that have moved to abolish public schools in order to maintain segregation. The other states are Georgia, Mississippi and South Carolina.
Ike Advocates Home Rule
The first B 47 jt't bombt'r will lami at the Abilene Air F'orce Base
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dav U>'» rhui»*U> uuh* alK»ul TO NOHTH CKMRAl. TFV AS R «ir
warn«c Thurada.v. Kridaji tartly ckwidj
he would send a B 47
wkiriy *vaiii>r-d thundaiahi'v*«« Pavo» .Abilene to help celebrate the
anniversary of the $70-millum (H)uth eiam» . k,udv ‘ base.
.annai ‘r.tu.v , Cell Montgomery also will make
tU*ua,v. muleb »vallaiad j insiHH'tioil tOUf SalUI'da) of
work oul final plans for the cele-
bratUm after receiving verification that Gen Montgomery and Maj. Gen John B Montgomery. 4^,. 14.47 would be available.
Eighth Air F'orce commander, said | Cmiley said members of the C-C
national defense committee, the
M1SS0UL.A. Mont.. Sept. 22 President Eisenhower, hunting congressional election voles in a restrained kind of way, declared tonight .American citizens generally are better able to look after their needs '“than is some bureaucrat in far-off Washington.”
Opening a three-day aerial tour of the Far West with Republicans | seeking to maintain control of Con- ■ gress. the President addressed an applauding airport crowd, which police estimated at 30,000 persons.
At no point in his brief off-the-cuff talk did the President plug openly ftH* election of a GOP controlled Congress in November But, as he has done before, he stated what be called the “basic policy” of his administration That is the kind of campaigning he said months ago he would do.
Eisenhower did mention one Republican candidate for Congress by name Rep. Wesley D’Ewart wtw IS bidding for the U. S. Senate seal of the incumbent veteran. Sen. James .Murray, l>emocrat.
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bar on Htmini Island, weren’t talking for punlieation. but Miami newspajvrs quottxi an unidentified s|>ectator as saying it was ‘‘quite t party.”
Barton waa arrealed and (Ined 170 on two counta ot assault and battery and resisting arrest.
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construction that has takv'n place since ground breaking I'eremonies were held one year ago on Sc4>t. 25. 1953.
In a telephone conversation Wednesday. Gen Montgomery notified W. P. Wright, co-chairman of the; Abilene ChamlH*r of Commerce na- j tional defense committee, that he would be able to attend the celebration and that the jet bomber would 1h' available
Plans Worked itol
Wright. George Minter, Jr . president of the C-C, i'lU. Jack Brown, Eighth Air Forxt Uaiaon officer; aiui Joe Cooley. C-C manager, met Wednesday aftemooD to
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C-C board of directors. Mayor C.
E. Gatlin. CiHinly Judge Reed In-galsbe, officials of the Corps of En-, D’F!wart as “my good friend Wes," gineers and other Air F\>rce and i after D’Ewart had introduced him. local leaders have been invited to but the chief executive said noUi-
attend the inspection tour.
Besides Gen Montgomery, Ci>ol-ey said an acveptance to attend' the tiHir has been receivevi from Col Harry 0. Fischer, F'ort Worth District F^nguu'er of the Coitxs of F!ngineers. Col. F'ischer is in, charge of constructing Abilene .Air i Force Base and otiier military and flood control projects in the Fort Worth area.
C-llf U Arrive Plmt
Wright said the celebration will get underwa.v at 9:30 a m. when a C-119 will land on the runway ol the old air base This carrier plane will carry the yxiwer unit to service the B 47.
The B 47 — the plane the $70 million air base is being designed for —will land at 10 a.m on the new Abilme AJFB runway. Gen. Montgo*
Sm riK^iT JET. Pi. 14A. CeL 4
ing about D’Ewart’s candidacy.
Plans on Censure May Be Told Today
W ASHINGTON, Sept 22 Jv-J. Mark Trice, secretary of the Senate. said tonight he had been advised bv the office of Sen. Know-land (R-Calif) that no announcement would be made before tomorrow on whether a pre-election session of the Senate will be called to act on a resolution to censuie Sen. McCarthy •KWi.'.‘
Trice, who waited into the night to rei*t*i\e a call fr< in Know land, the Senate majority leader h said earlier there was a possibility he would be instruvttsl shortly to send out telegrams summoning aeuatort to return here.
Chief Derails; 15 Injured
SAN FR.ANCISCO. Sept. 22 Iff»— The Chicago-bound Santa F# Chief was derailed, apparently by a faulty switch, at the Orwood siding. 40 miles east of here this afternoon. There were no fatalities.
Ten cars, including the doma observation car and the two dieael engine units of the crack atream-liner left the tracks at a apaad reported by the engineer at TO miles an hour.
About 15 persons were reported hurt nine seriously enough to require hospitalization
The derailment was the second mishap experienced by the crack Santa Fe streamliner withia a month On Aug. «. the train waa derailed at Lomax, 111.