Arizona Daily Star from Tucson, Arizona • Page 1

TTfZ. A Grand Jury Is Needed To Investigate The Mize Murder Case -w Vmiy) -Vr- 291 SIXTEEN PAGES TUCSON, ARIZONA, SATURDAY MORNING, OCTOBER 26, 1929 SIXTEEN PAGES FIVE CENTS A COPY 1 1 1 Vhs FITTS PLEADS dG ran uilty; amns uoneny 1 Flying Cattleman Feared Lost i 11 'V it mk tm .1 Urban F. Diteman, flying Montana cattleman, was given up as lost when he was unreported 29 hours after taking off on an unannounced transatlantic hop from Newfoundland to London, 1900 miles distant. 23 Amendments of Tariff on oun Searchlights Seek Lost Ferry Vessel Dead Bodies of Crew Are Found In Lake As Search Starts MILWAUKEE, Oct. 25.

() Searchlights gleamed over the dark waters of Lake Michigan tonight, seeking the hulk of the car ferry Milwaukee and the bodies of the crew that went down when the ship foundered last Tuesday night. Tonight the bodies of five of the 52 men who made up the crew of the ship had been found by coast guardsmen. Three of them were identified as the bodies of Alvin Sandon, Grand Haven, purser; E. Nelson, Milwaukee, watchman, and Frank Walter, Milwaukee, watchman. A coast guard crew sped out of the harbor here late today to investigate the reported discovery of the submerged hulk of the car ferry.

Captain Neil Maclsaac, master of the car ferry I'ere Marquette No. 19, reported he had sighted a submerged hulk with spars protruding above the water at a point 13 miles northeast of the breakwater light here. DEAD ENGINEER PILOTING TRAIN Pullmans Follow Engine From Track After Accident Slays Driver ELKTON, Oct. 25. (P) Running with a dead engineer's hand on the engine throttle ten pullman cars of a Washington-New York express of the Pennsylvania railroad jumped the track after the locomotive had sideswiped a buckled freight car on the southbound tracks at Iron Hills, three miles north of here late this afternoon, severely shaking up scores of passengers on the express.

The engineer of the express, George Rollins, 40, of Washington, was Instantly killed when a piece of timber from the buckled freight car hit him over the heart as his engine struck It. The locomotive, running free with the dead man's hand on the throttle, left the tracks, and dragged the Pullman cars after it. The impact of the express striking the freight threw a dozen freight cars from the southbound tracks, splintering three of them to bits, scattering debris over both north and south bound rights of way, and delaying all traffic. Wrecking crews from Perryville were sent to cleat the road. None of the passengers on the express was seriously hurt, the injuries being confined to severe shaking up as the pullmans left the tracks, but did not turn over.

Doctors from Elkton administered first aid to those who needed it at the scene of the wreck. TARIFF TO EFFECT ARIZONA TOMATOES PHOENIX, Oct. 25 (P) The tariff bill now being debated in the senate contains no provisions that will benefit Arizona to any great extent, Congressman Lewis J. Douglas of Arizona said here today. Several items In the bill will harm interests of the state, the congressman asserted.

"From the Arizona viewpoint, so far, there Is nothing in the tariff bill that will result in any great benefit to this state," Congressman Douglas said. Out of the 7,000 items contained In the bill, he said, there are prob- i ably eight or 10 which might in-I terest this state. These, he de-1 clared, include tomatoes, mangan-! ese, hides, beef cattle, lead, zinc and citrus fruit. "The tariff on tomatoes," he said, "Is absolutely unjustified and will seriously affect not only the city of Nogales, but will generally increase the cost of that commodity to the Arizona public. "The tariff on hides," Congressman Douglas charged, "has been made ineffective by the imposition of a compensatory duty on leather articles equivalent to from 300 to 700 per cent of the hide tariff.

MENEGITIS BREAKS OUT IN MINE CITY SAN PF1DRO, Oct. 25. (P) Major H. A. Spencer, head of the United States public health service at the harbor here, returned yesterday from an extensive Investigation into the meningitis epidemic near Globe, Ariz.

Major Spencer said his work had been confined to Gila county, and with the construction of an isolation hospital near Miami, it fH the outbreak would be 1 LIU bed buixissf ullvj FOR PEN TERM AS CASE ENDS Defense Effort Called Weak jnnuenao oy rrusw-uwi In Address LONG TRIAL ENDED Charge Of Assault Filed By Dancer Brings Magnate Before Court LOS ANGELES, Oct. 25-CrP The jury of five men and atven women, which took the assault case of Alexander Pantages at 4:17 p. was locked up for the night at 9:35 without having reached a verdict. LOS ANGELES. Oct.

25. (-The case of Alexander Pantages, on trial on a statutory charge preferred by Eunice Prlngle, young dancer, was given to the jury of seven women and five men at 4:17 p. today Superior Court Judge Charles Fricke, in his instructions to the jury, warned them that they must consider the fact that Miss Pringle is a minor, less than 18 years of age, as shown by evidence presented. The judge advised the jury alsa that the duty devolved upon It to recommend whether punishment, in the event of a verdict of guilty, should be a sentence to the county Jail, or to state's prison. Accused by Dancer Pantages, charged by the young dancer with having attacked her in a small conference room in his suite of offices on last August 9, went to trial on Otcober 1, after a motion for a ontinuance had failed.

He pleaded that his attorneys, who also had defended Mrs. Lois Pantages, his wife, on a second degree 'murder charge, had. not had sufficient time to prepare his case, and that the state of his health was auch that he shoutld not be required to stand trial at that time. Mrs. Pantages was found guilty of manslaughter In connection with the death of a Japaneso gardner after a motor accident, and now is awaiting sentence.

District Attorney Buron Fltts, in his closing argument to- the five men and seven women who will decide the fate of Alexander Pantages, attacked the defense presented by the theater man's counsel as "nothing but a fabric of innuendo and inference from the start throughout because they didn't have any other defense." The prosecutor pounced upon evidence presented by the defense -showing the girl to have remained away from home overnight on several occasions, at a studio club In Hollywood. "But this Studio club Is a subsidiary of what?" Fitts demanded. "Of the Y. W. C.

which operates it as a home for working girls and for girls who have no homes." Asks Pen Sentence Fltts demanded of the Jury that it recommend a prison sentence, rather than a term in the county jail. Defense Attorney W. I. Gilbert, in his finall plea for an acquittal, told the Jury Miss Pringle's story of the alleged attack was "impos-sile." He scoffed at "this 54-year-old mans' power In using force upon this athletic dancing girl." The jury originally empanelled was comprised of six men and six women, with a man and a woman alternates. One Juror, Harbey N.

Connett, became ill, and was replaced by Mrs. William Ingles, alternate. Another juror, Mrs. Lotta E. Steiner, complained of illness yesterday, and court was recessed early in her behalf.

Today she was able to proceed with the case. Pantages, when the Jury wenf to dinner without having given any indication of reaching a verdict, was placed in custody of a deputy sheriff, and allowed to go to his own home for his evening meal. It was the first time since his arrest thta he had been held in custody. The theater man had been at liberty during the trial oa $50,000 bond. SUIT TO BE TEST OF GARMSHEE LAW Arizona's new law permitting the garnishment of state employes is to be tested in the superior court of Pima county.

This was made certain yesterday when George Hil-zinger filed a motion to quash a garnishment against T. N. Bates, cattle inspector in this district, on the ground that the law is unconstitutional. The garnishment was filed against Bates as a result of a verdict for $2000 against him in favor of Leo-paid and Bernhard Maler of Will-cox who are represented by Harry A. Juliani and Milton Cohan.

The contention of Hilzinger is that the law is unconstitutional. It differs from the law in other states that hare been thrown out of court, in one particular and that is the one to be tested. It Is a clause that provides no garnishment shall issuo it is against publio policy, INITIAL FELONY CONVICTION TO STRIKE CABINET Wife Comforts Invalid Fall Following Jury's Answer To Court Question COUNSEL COLLAPSES Defense To File Appeal On Basis Of Lack Of Fair Trial By Jury Oct. 25. (P) Two defiant white haired men Albert IS.

Fall and Edward Do-heny whose youthful friendship of prospecting days in the west per- slsted after one had become a cabinet officer and the other a millionaire oil operator, heard a $100,000 transaction between them in 1021 branded bribery today by a federal jury. Fall was judged guilty of accepting that sum as secretary of the interior in return for granting the Kit Hills oil lease to a Doheny company. It was the first conviction for felony by a cabinet officer in history, and likewise the first in any of the criminal cases growing out of the oil scandals of the Harding administration. Owen J. Roberts, special government counsel, announced that efforts would be made to try Doheny for giving a bribe next January.

Jurors Give Verdict A portentous stillness settled over the jammed courtroom as the Jury filed in. This was goon brok-rn by each of the eight men and four women jurors rising to say had been adjudged a dishonest man, but to recommend that he be extended mercy by the court. Throughout the trial and previously he has been ill. The 6S-year-old invalid from. New Mexico, whom the supreme court Renounced as a "faithless public office" because of the oil transactions, slumped weakly In his tall chair with head bowed.

If the verdict stands, he Is liable to a fine up to $300,000 and to imprisonment up to three years. He was comforted immediately by the woman he married in 18S3. Vigorously brushing those between them aside, Mrs. Fall threw her arms around him and wept while he embraced her silently. Tears also rolled down the cheeks of Doheny, now 73.

The California oil man clapped his hands to his ears while Justice William Hitr reviewed to the jury the facts of Fall's current illness, which had been kept from them while locked up during the trial. After the judge had left the bench, Doheny shook a clenched fist in that direction and cried "It's that damn court." The Jury, which first had voted seven to three for acquittal with two women not voting and took cfven ballots in all, left the turbulent room In a group. While defense counsel were busy tonight, one of them Mark Thompson, long a friend of Fall was on a sickbed. Ho collapsed in the courtroom while standing to don an overcoat to leave. His wife rushed to his side, and for 10 minutes onlookers formed around to stare at the prostrate body on the floor.

He was attended by Fall's doctor, Dr. H. T. Safford, of El Paso. Friends said his heart was weak.

Standing above Thompson, Frank J. llogan, chief defense counsel, shouted that the jury's finding was "a rare on the constitution." p. fense attorneys who had contended the charge of Justice Hitz to the jury was tantamount to an invitation to convict Fall, filed a mf'tion for a new trial four hours (Continued to page 10, col. 2) WillRogers Says WAYNOKA, Oct. 25 Flying from New York all day just looking down on beautiful lands and prosper ous towns, Then you read all the sensational collapse of Wall Street.

What does it mean? Nothing why if the cows of this country failed to come up and get milked one night it would be more of a panic than if Morgan and Lamont had never held a meeting. Why an old sow and a litter of pigs make more people a living than all the steel and General Motor stock combined. Why the whole hundred and twenty jnillion of us are more dependent on the cackling of a hen than if he stock exchange was turn-ed into a night club and New Yorkers call them rubes. W'LL ROGERS. MARKET RALLIES A A IV PD A QU IT ULLU til AMI All Brokers Able To Meet Obligations Despite Huge Demands SOUND FINANCIALLY Hoover Declares Business Is On Sound Basis; Heavy Buying Features NEW YORK, Oct.

25 Wall Street came groping out of tlte darkness today as stalwart leaders of finance and industry swept away the black cloud of impending disaster that struck terror to the hearts of speculators and investors yesterday Powerful support was thrown in to the stock market ajid hundreds of issuis closed the day $2 to $21 higher, having substantially reduced the losses suffered in yesterday's stampede selling, the most vio lent ever experienced. When the stock clearing corps announced that yesterday's myriad transactions had been completed, proof was provided that all stock exchange member houses had been able to settle, and that none had been pushed to the wall. Disastrous market collapses in years past have alincst inevitably resulted in the failure of one or mote houses. Financially Sound That Wall Street was able to stand such a shock as it received yesterday was generally regarded in banking circles as convincing evidence of the fundamental soundness of the fiancial structure. Fur thermore, bankers both in America and abroad expressed the opinion that the credit situation had been vastly improved by the collapse of over-extended speculative structure.

Although no official confirmation was aviilable, a report generally accredited In responsible circles was to the effect that the conferences of bankers at the offices of J. P. Morgan Company yesterday had resulted in the formation of a 000.000.000 pool to stabilize the stock market. Trading ou both the stock and curb exchanges was again at a feverish pace during the early hours of the session, but slackened up considerably toward the close. Sales on the stock exchange totaled 5,923,220 shares, in contrast to yesterday's total of 12,894,600.

The stock exchange ticker printed the final quotation one hour and 32 minutes alter the close, compared to more than four hours yesterday. In addition to reassuring statements to the financial situation from leading- bankers, highly optimistic reports regarding the steel industry were issued by its foremost executives at the semi-annual meeting of the iron and steel institute. Coming as a climax to the mass of reassuring statements appearing. President Hoover was quoted by financial news tickers directly after the close of the market as stating that the fundamental business situation is on a sound basis, and that production and distribution are well maintained. Huge Buying Orders The stock market was forced to absorb a huge backwash of selling from yesterda5''s crash, and prices sagged moderately around mid-day, but as soon as leading shares showed signs of going into any marked decline, huge buying orders appear ed in the market.

Also, such lead ing shares as U. S. Steel common and American Telephone encountered selling orders as soon as they began to rise, and several market observers interpreted this as Indicating that powerful interests were working to check a revival of any bullish activity as well as to prevent further declines, using advances to unload shares bought for supi purposes. The following table indicates the net changes in stock prices of yes terday, compared to those of to day: Yesterday Today U. S.

Steel up 2 off i .87. American Foreign Power off SI. 50 un $4.50. American Telephone off $3 off Case Threshing up $7 off $18.50 General Electric off $6 off $2.50. General Motors off 3.87 up 50c.

Johns Manville off $10 off 50c. Radio- -off 510.25 up $2.00. Sears Roebuck off $5.75 up Montgomery Ward off $9.25 up $1.00. U. P.

Ind. Alcohol off $25.25 up $21 CONVENTION ENDS CHANDLER. Oct. 25. (-The first annual convention of th'i Arizona Baptist Association, attended by approximately 300 delegates from churches throughout the '-Icsed a two day session here loduy, HELLDORADO ON DESPITE BREAK IN LIGHT PLANT Bad Weather For Start And Need For Candles Fails To Dim Fiesta PIONEERS HONORED Famous Feud Re-Enacted For Benefit Of Crowd Under Old-Timer's Direction TOMBSTONE, Oct.

25. (JP) Undismayed by the double misfortune of rain and failure of the municipal light plant last night, the seml-Centennial Helldorad the fiftieth anniversary celebration of the founding of Tombstone- opened today with the banging of six guns, music from two bands and cowboy songs. The old mining camp lost its last connecting link with the Twentieth century when the electric lights went out last night, ow ing to a mishap to the large power plant engine. Tallow candles appeared, stuck in the necks of beer bottles and in whisky tumblers to provide illumination for roulette, faro and other games which con tinued to run. The Show Opens With warmer weather today the celebration started on schedule.

Opening the day's events was a reenactment of the famous Earp-Clanton gun battle In which three men were killed and two others wounded at the O. K. Corrall. A parade followed, with the old Modoc Stage Coach, prospectors with pack outfits, socldiers, miners, gamblers and cowboy in costumes of 50 years ago. Four hundred pioneers were honored with a banquet at Schief-felin Hall, as a mid-feature of pioneers day.

This was nollowed by the pioneers parade, made up exclusively of men and women who lived in the southwest from 40 to 50 years ago. The Bird Cage theater opened today, the variety shows having been cancelled last night becaust-of failure of the power plant. A ceremony to the. memory of Ed Schieffelin, discoverer of the rich mineral deposits In the Tombstone district, and founder of the camp, was held by pioneers who knew him two score and more years ago when they assembled today at his grave three miles west of Tombstone. Introduces Colonel Judge Albert SI.

Sanies, Cochise county superior court judge, introduced Col. Wm. Brc-akenridge, pioneer peace officer of the county. In his short eulogy, Col. Breaken-ridge touched upon the hardships endured by Schieffelin in his quest for riches, in his narrow escapes from raiding Indians, and his final success which resulted in opening the largest city in Arizona territory at that time.

At the conclusion of the address the speaker placed a wreath on the huge granite monument. The short ceremony, impressive in its simplicity, was marked by deep emotion of the handful of pioneers who stood with bared heads beside the grave. Gov. John C. Phillips and other state officials were expected here tomorrow for the ceremonies.

Excursion trains from Arizona cities and the Pacific Coast brought an ever increasing crowd of old timers that taxed the limited hot ell facilities to capacity. MANY TUCSONANS IN HELLDORADO CROWDS TOMBSTONE, Oct. 25-(Special to Arizona Daily Star) With five special representatives of the prohibition department operating on the scene. Tombstone celebrated its 50th birthday today in a much "drier" mood than it feted its natal day a half century ago. The committee in charge of the Helldorado celebration announced the party would be dry and so far the announcement has been borne out in fact.

Many Tucson people are among the pioneers and younger Arizon-ans gatheree to aid in celebrating the birthday of the famous mining camp. Among those noted here today were Mr. and Mrs. Max Pooler, Mr. and Mrs.

W. J. Young: Mr. and Mrs. Phil McLaughlin; T.

Ed LiU, Stewart Bogan and his brother Ilo Bogan, formerly of Tucson; Herbert Drachman, Mrs. W. R. Mathews and her parents Mr. and Mrs.

Bowyer; Mr. and Mrs. Ted Ross; Mr. and Mrs. Walter Love-joy; Mr.

and Mrs. James Reidy; Dr. Fitz-Gerald of the University of Arizona; and many others. A motorcade of about 50 cars arrived from Bisbee this afternoon with a rye delegation from the city. I Honors Pioneer COL.

BILLY BREAKENRIDGE SWING EXPECTS AIR MAIL PLANS Tucson Among Cities Asking Sky Route For Mail, He Announces WASHINGTON, Oct. 25. () Large delegations from cities in southern and southwestern states are expited by Representative Swing, Republican, California, to present proposals to the inter-departmental air mail board at hearing on proposed southwestern air mail route here November 25. Swing, who recently visited a number of cities that would be on the route, said that every encouragement possible wolild be given by the delegation. The route is to be from Los Angeles to San Diego, to Phoenix and Tucson, and from there to El Paso, Fort Worth and Dallas, and thence to St.

Louis or from Dallas to Atlanta, or by alternate route from El Paso to Houston to New Orleans and Atlanta and thence to New York. Swing said that air mail routes should follow the greatest course of commerce and trade and that the southwestern route offered better weather than the northern. He also pointed out that there would be fewer mountains to cross. Congressional delegations from southwestern states, he said, had requested the weather bureau to ask for substantial Increase in funds for establishment of weather bureau stations along the route. Weather bureau officials, the Cali-fornian said, had approved the request.

Swing said that weather data was a most valuable asset for successful operation of an air mail route and that had there been adequate information- on the weather the Trans-continental Air Transport disaster in New Mexico could have been averted. He added that all bidders on the proposed route were making plans to offer adequate landing facilities for aiVraft. 0HI0AN ASKS NEW HEARING ON PLEA COLUMBUS, Oct. 25. (f) A rehearing of the application of the state of Arizona for the removal of T.

H. Dillon from Cleveland to Phoenix to answer to the charge of forgery in connection with the transfer of 150 shares of stock of the Arizona Savings and Guaranty company Is to be held before Gov. Cooper Nov. 25. Dillon, a resident of Cleveland for thirty-five years, was president of the Arizona Savings Institution.

Following his arrest in Cleveland last February requisition for his return to Arizona was granted by the govej-nor without formal hearing. The accused man then applied to the common pleas court for a writ of habeas corpus to prevent the Arizona authorities from exercising the power of the requisition. This court held it was without jurisdiction and Dillon carried the case to the court of appeals. Meanwhile application was made for the hearing before the governor, which was grant ed today. Dillon claims that the stock in question was purchid by Geo.

S. Marshall, and that Marshall, unablj to pay for it, authorized him, Dillon. to sicn his nme in transferrins the sto-k baik. Arizona authorities I claim Uhs signature is a forgery. iff 3 PV Chemicals Approved in Day Senators Set Record for Accomplishment During Debate Session; Iodine, Licorice Among Those Cut; Epsom Salts, Bath Salts Rates Raised WASHINGTON, Oct.

25. (Pj The senate devoted another eight hours in debating the tariff today and established a record by approving 23 amendments to the chemical rate schedule. The majority of them were secondary reductions, important sections such as coal tar dyes and vegetables and animal oils and fats being passed over for later discussion. Only two record votes were taken LOBBY PROBERS RECALL GRUNDY Pennsylvanian To Once More Take Stand Before Group Early In Week WASHINGTON, Oct. 25.

The task of writing a report of its findings in the inquiry into the relations between Senator Bingham, Republican, Connecticut, and the Connecticut Manufacturers' association was laid aside momentarily today by the senate lobby committee while it formulated plans for next week. First on its schedule, it decided to recall next Tuesday Joseph R. Grundy, of Pennsylvania, who testified this week, next will come officers of the American Tariff league and of the Southern Tariff league. The report on the Bingham case will be laid before the senate tomorrow by Chairman Caraway or Senator Walsh, Democrat, Montana. It makes no recommendations but gives an account of the hearings of the committee.

An accompanying resolution will be presented, however, calling upon the department of commerce to report how many "dollar-a-year" men are on its rolls. Joseph E. Wuichet of the Connecticut Manufacturers' association, told the committee be was doilar-a-year" man for the commerce department. A determination to go into the activities on the manganese tariff schedule also was disclosed today when Senator Walsh asked that C. A.

Buck, a vice president of the Bethlehem Steel corporation, be called. TO OPEN BIDS PHOENIK, Oct. 25. (P) Bids for the construction of an overpass over the railroad tracks at Hot Springs Junction on the Phoe-nix-Prescott highway, and for the replacement of a bridge over Le-roux wash, near Holbrook, recently washed away by flood waters, -will be opened by the state highway department October 24, during the day. Both turned down finance committee Republican amendments.

By a vote of 4S to 30, an amendment to increase from 40 to 50 cents a pound the duty on transparent cellulose sheets used in the manufacture of safety glass for windshields was defeated, and a compromise reached on 45 cents as pro-poced by the house. A vote of 44 to 25 rejected a committee proposal to add 15 cents a pound to the 25 per cent advalorem rate on agar agar, a medicinal product manufactured from dried seaweed. This action restored the existing rate of 25 per cent as proposed by the house. The higher duty on agar agar was advocated by Senator Shortridge, Republican, California, where one firm is engaged in manufacture of the product In competition with Japanese imports. Asks Incraese Senator Walsh, Democrat, Massachusetts, made a vigorous plea for the increase in duty on cellulose sheets.

He argued it was an infant industry in this country and the prospects were for an extension of its utilization In windshields and safety glasses of all descriptions. Germany, he said, already con- (Continued to page 10, col. 6) VETERAN EXEMPTION RULING TO BE ASKED PHOENIX, Oct. 25. for C.

P. Flynn. World war veteran, today filed suit in the Maricopa county superior court in a test action to get a ruling on the new state law, passed by the last legislature, which provides that World war veterans who have been residents of Arizona since Jan. 1, 1927, are entitled to exemption from the payment of state taxes on all property up to S5.000 in value. The action filed asks that the county treasurer of Maricopa county be required to allow Flynn this exemption, which the county official has refused to do on the grounds that Fiynn did not file his i laim for exemption prior to July 1 of this year..