Arizona Daily Star from Tucson, Arizona • Page 1

Mm WEATHER Forecast for Tucson: Mostly clear; continued warm. Temperature Yesterday: HIGH 93 LOW 53 Year Ago: HIGH 88 LOW 55 U. S. Weather Bureau EDITION 5 An Independent NEWSpaper Printing The News Impartially ic TEN CENTS VOL. 119 NO.

131 Inurtt at Mcond cum mittr. Offlet, Tucson, Arlioni TUCSON, ARIZONA, TUESDAY MORNING, MAY 10, I960 THIRTY-TWO PAGES 51 Mm Ao 11 yJJ, ,) Kautenburger's Locked Up For Jurors Night -mL fa i Retaliation Threat Made By Nations With U.S. Air Bases Warned WO N.w V.rH Tim. N.w. larvlt.

MOSCOW, May 9-Pre- General Orders Covered U2's Mission Herter Frankly Concedes U.S. Has Been Violating International Air Space Law WASHINGTON, May 9 (JrWThe United Stafei GOP Has Top Role For Gov. acknowledged Monday it has sent spy flights Into Russia under President Eisenhower's general orders. The State Department did not discourage a that such flights may continue until Soviet leaders open their borders to inspection. 10 Nw York Tlmt Ntwi Strvlc NEW YORK, May I -Governor Rockefeller has been invited Informally to serve as either keynoter or permanent chair man of this year's Republican national convention.

As yet he has not indicated whether he is Interested in serving in either capacity. Presumably he will decide within a few days so that arrangements for the convention can be completed. The invitation to New York's governor was disclosed by a Secretary of State Christian A. Herter, in making the acknowledgement, strongly defended intelligence flights by unarmed civilian planes as urgently necessary to guard the non-Communist world against surprise Soviet attack. Herter's statement constituted a remarkable admission that the United States has been violating international law, intruding without permission Into Soviet air space, because of the life-and-death duel for survival with the Communist world.

In a special statement, Herter suggested that next week's summit conference make an earnest attempt to agree on safeguards which would end the threat that either side could suddenly launch a nuclear onslaught against the other. With the approval of President Eisenhower, Herter frankly admitted American planes have carried out "extensive aerial surveillance" of Communist territory under directives issued by the President as part of his In West Virginia Jack And Hubert Battle To Wire By JACK BELL CHARLESTON, W. May 9 UB-West Virginia's Democratic presidential campaign churned into its final hours Monday with Sens. John F. Kennedy (D-Mass) U2 Photo-Eye Is Mighty Sharp The Russian newspaper Pravda published this picture on iff front page Monday and said it was made by U.

S. jet pilot Francis Powers as ha flew over a Soviet airfield. The planes are clearly seen as 4-engine aircraft. Russians claim Powers wet shot down by a rocket crew as ha piloted his Lockheed U2 over Soviet territory last week and that his camera and other material was confiscated. (AP wire photo by radio from London Diplomatic Bombs Drop On State Department national security duties.

Here, there was mention of the national security act of 1947, but the wording made it clear that the secretary was speaking only of President Eisenhower, who went Into office In 1933. "Specific missions of these unarmed civilian air craft have not been subject to presidential authorization," Herter said. After Soviet Premier Nikita S. Khrushchev reported the capture of a 30-year-old American flier deep inside Russia, the State Department acknowledged an intelligence flight over Soviet teritory probably was undertaken. It said "Insofar as the authorities in Washington are concerned, there was no authorization for any such flight as described by Mr.

Khrushchev." Herter's disclosures Monday came as the administration hurriedly sought to ease congressional demands Charges Reduced To Lone Bribery Count By DICK ALEXANDER A Superior Court jury, locked up last night after failing to reach a verdict on a single count of bribery against Lambert Kauten-burger, will resume deliberations at 9:30 this morning. Earlier yesterday, presiding Judge Dudley Windes erdered a directed verdict of acquittal on three other bribery Charges. Windes, a retired Arizona Supreme Court Justice, directed Bailiff Al Traficante not to disturb him after 9:30 p.m. yesterday if the jury hadn't reached a decision. Traficante reported the Jurors were locked up for tie night at 10:30 at the Pioneer Hotel.

Kautenburger, chairman of the XKnarA nf SuDervisOM. is BCCUSCd ef the one count of accepting bribe from real estate oevei-oper John W. Murphey. The three counts thrown out by Judge Windes involved truck dealer Gene Bogard. The lone charee was submitted to the jury at 5 p.m.

The jurors resumed deliberations about r.M after recessing for dinner at 6 p.m. Windes' order for a directed verdict wiped the slate of six of the leven charees for which Kau- 'tenburger was indicted April 17, 1959. Two counts of perjury were dismissed by Judge Gordon i-ar ley of Santa Cruz County, a ruling hich was later upheld by the State Supreme Court. The High Court subsequently nullified the other counts against Kautenburger and five otner prominent Tucsonans, who were indicted the same time as the supervisor. The Supreme Court said the grand Jury was illegal because it didn't constitute a quorum at Its Investigative sessions.

After the Supreme Court ruling, Mrs. Joan P. Delaney, the grand Jury foreman, acting as a "private citizen." filed in Justice Court five criminal counts against Kautenburger and charges aqainst four of the others. A charge of filing a false income tax return against Kautenburger was dismissed earlier rhis year by Windes, leaving the four bribery charges. Defense Attys.

Robert Morrison and W. Thomas Holmes rested their case yesterday morning after calling to the stand the 13th defense witness, Joseph Skorpick, president of Construction Materials Co. The first count against Kautenburger said that John W. Murphey guaranteed an $1,800 loan at the Valley Bank with the understanding the official acts of Kautenburger would be influenced. The second, third and fourth counts alleged that Kautenburger agreed to receive a bribe from Bngard for the lease of autos in 1355, 1957, and 1959 for Kautenburger's personal use free of charge in exchange for Kautenburger's influence as a super-Visor.

Kautenburger agreed to pay Bo-gard's leasing companies the eight-cents-a-mile expense money he received from the county for official business. Skorpick, who described Kautenburger as "one of my best friends," said he advised Kautenburger to go to Bogard in 1953 and lease an automobile. "I called Bogard and told him to do Kautenburger a favor," Skorpick said. "I told Mr. Bogard the terms if I had been leasing autos, it would have been good deal." The state called no rebuttal witnesses after the defense rested at 9:57 a.m.

The jury was then excused until 2 p.m. while defense attorneys and prosecutors H. Earl Rogge Jr. and John Cla-borne retired to the judge's cham-ers for motions and the settling of instructions (to the jury). In chambers, Morrison again made a motion for a directed verdict of acquittal on grounds there was no evidence whatsoever that there wu an understanding be- Convention Rockefeller! spokesman for the Republican State Committee in Albany in answer to questions.

Reports that such an invitation was impending have been in circulation for a long time. Rockefeller was asked about it at a news conference in Albany last Wednesday. At that time he replied, "Nobody's come to me." The Invitation appeared to reflect a strong desire on the part of Vice President Nixon to have Rockefeller play a prominent role in Nixon's nomination for President. (D-Minn) blazing away at candidates. cent of the population is of the letter's faith.

Humphrey has been stung by Kennedy's contention that almost nobody gives the Minnesota sena tor a chance to win the nomina tion that if he wins here other candidates who are not on the bal lot will be the beneficiaries. Humphrey blasted back with an assertion at Nitro, where he was campaigning on this cold bleak day, that Kennedy couldn't win in November if he got the Dem ocratic nomination. Kennedy fired back with the statement in a Huntington news conference that he is the only Democrat who can defeat Vice President Richard M. Nixon, the prospective GOP nominee. He said it doesn't make sense for persons to vote for Humphrey "when they really favor someone else.

Because of an abnormally heavy ballot of candidates for state of fices, counting in Tuesday's oresi dential contest was expected to be slow. A hot three-way contest for Governor promised a better than average turnout at 2,750 polling places. Only five out of the 55 counties have voting machines. Polls open at 6:30 a.m. and close at 7:30 p.m., eastern stand ard time.

Kenya Will Keep Top Mau Mau Behind Bars NAIROBI. Kenya, May 9 -The governor of Kenya, Sir Patrick Renison, said Monday he has decided not to free former Mau Mau leader Jomo Kenyatta Commenting on weekend statements by African leaders Tom Mboya and James Gichuru that they would be unable to prevent civil disobedience campaigns if Kenyatta was not released, the governor said the government was today more ready to deal with such campaigns than it was in 1952, when the Mau Mau emer gency was declared. Kenyatta was convicted as organizer of the Mau Mau rebellion. 6B Weather 4A 15B Women 14-15A mier Khrushchev warned Monday that Soviet rockets would be used to retaliate against bases in countries that permitted United States planes to take off on intelligence missions over the Soviet Union. The Premier made this unqualified statement in a speech at a National Day celebration at the Czechoslovak Embassy.

If intelligence flights continue, Khrushchev declared in a sober tone, Soviet defense forces will shoot down the planes and will also "hit at those bases" from which they have flown. He then singled out the ambassadors of Pakistan and Norway to give a special warning in the same vein, according to diplomatic sources. To the Pakistan ambassador, Salman Ali, Khrushchev was said to have declared that Peshawar had been marked on the map and a ring put around it by Soviet defense forces. He gave a similar warning to Oscar Gundersen, Norwegian ambassador. Khrushchev also warned that if the Soviet Union should sign a peace treaty with East Germany and "if after the signing of a peace treaty someone would like to force his way into West Berlin, which we would like to see a free city, our force will resist this force." Khrushchev repeated three times that flights such as the one of the United States U2 intelligence plane were "very danger ous." "If such flights are repeated we shall take appropriate counter measures," said Khrushchev.

"I should say this: Those countries that have bases on their territories should note most carefully the following: If they allow others to fly from their bases to our territory we shall hit at those bases because we assess such actions as provocations against our country." Before making his address, Khrushchev went out of his way to drink a toast with Llewellyn E. Thompson United States ambassador to Moscow, and he singled Thompson out for special praise before he concluded his address. "I respect the ambassador of the United States," Khrushchev (Continued on Page IA, Col. 7) Underwater Trip Around World Hinted NEW YORK, May 9 tfV-News-week magazine says there soon will be an announcement that the United States submarine Triton has completed an underwater trip around the globe. A brief story under a New London, dateline said: "You will be reading very soon this historic announcement: "The atomic-powered U.S.

submarine Triton, the world's largest, has circumnavigated the globe under water. "The cruise began in late February. In command: Capt. Ed. Beach, Ike's former White House naval aide." In Washington, a Navy spokesman said "no comment" when asked about the magazine's report.

The Triton is the only known ship afloat at present powered with two atomic reactors. She was launched in September 1958 and went into commission in November 1959. Equipped with elaborate radar, the Triton is intended for use as a roving "early warning" ship to detect and report approach of enemy planes either toward targets in the United States or toward ships of the fleet. The huge submarine is manned by a crew of almost 150 men, far more than other nuclear-powered submarines desiened as attack or I missile-launching vessels. I fjVT 4 I MGlklA upy A i r.

and Hubert H. Humphrey each other as "can't win" With fair skies and cool weather predicted, a little more than half of the state's 670,000 registered Democrats are expected to turn out Tuesday for a primary that might have a decisive effect on Kennedy's chances of getting his party's presidential nomination. In the last stage of their battle, Humphrey, a Congregationalism was generally credited with holding an edge over Kennedy, a Catholic, in a state where only 4.9 per tween the parties involved in the charges. "A jury cannot return a verdict on surmise or speculation," Morrison argued. "If this man is permitted to be submitted to this jury, what the Supreme Court does next doesn't matter because he will be put out of office." Judge Windes, who was brought Into the case after Superior Court Judge Lee Garrett was disqualified on an affidavit of bias and prejudice, then gave indication he might dismiss the Bogard counts when he asked Rogge: "Referring to these other counts, in order to find in 1955, 1957 and 1959 that there was a corrupt understanding in any one of these three deals, can you prove they had an understanding in 1953 and carried it through these other years?" "Absolutely," Rogge answered.

Windes then Informed the lawyers he was taking the motion under advisement until 2 p.m. When the four-man, eight-woman jury returned after the noon recess, Windes told the body he had granted the defense motion for acquittal on all but the first (Murphey) count. Claborne, a deputy county attorney, delivered the final argument for the state. Describing the Murphey-Kautenburger loan as a "Stone Ave. bribe," Claborne said: "The fact is that he (Murphey) is a business man and he's not going to give anything away unless he is given something for it." (The state alleged Kautenburger used his influence to settle Murphey's (Continued on Page 2A, Col.

S) KHRUSHCHEV'S GEOGRAPHY Map locates points Soviet Premier Nikita S. Khrushchev talked about in his speech Friday and countries whose envoys he warned Monday. Ha said American flier Francis G. Powers' plane was shot down at Sverdlovsk (cross) on May I and that Powers took off from Peshawar, Pakistan, intending to fly to Bodo, Norway (solid and dotted line and arrow). Monday Khrushchev called Norwegian and Pakistan envoys to his side during a reception at the Czech embassy in Moscow end warned that Russia will hit at any bases in foreign countries used for American spy flights over Soviet territory.

(AP wirephoto map) Murmansk t. in ah 1 A VOi A The U. S. has bases of its own, or NATO bases, or limited air field facilities around the periphery of the Communist empire from Britain, France, Germany and Spain in the west, Morocco, Turkey, Saudi Arabia, and Paki-stan to the south of the Soviet Union, and Formosa, the Philip- (Continued on Page 6A, Col. J) J.

R. Arnold of the university told the rocket group the radiation measurements would be only a part of the Ranger III payload, designed to hit the moon near the end of next year. He said the lunar shot, which will follow the Ranger I and II deep space probes and like them will be launched by the Atlas-agena rocket, will carry television devices and other experiments. A detector for gamma rays will be installed in the Ranger III vehicle, and will make its measurements in the last few minutes of flight, when Ranger III is close to the moon. Allies Demand U.S.

'Clear' Their Names By JAMES RESTON 0 1MO Nw York Tlmt Nwi Srvlc WASHINGTON, May 9-The diplomatic repercussions of the spy-plane case began arriving at the State Department Monday and they were all bad. By nightfall it was evident that the Soviet Union was conducting a major diplomatic and propaganda offensive against those Al-lic countries furnishing bases or facilities for reconnaissance flights over the Soviet Union. It was also apparent that this was having effect in some Allied capitals. The threat by Premier Khrushchev to strike at the bases from which reconnaissance flights might originate, coming after a similar threat earlier in the day by the Soviet defense minister, demonstrated the scope of the Soviet effort. Even before news of these warnings got beyond the frontiers of the Soviet Union, however, some Allied officials were making clear to U.

S. officials here and elsewhere that no bases or facilities in their country could be used to assist in reconnaissance flights over the Communist territory without authority for such missions. Paul Koht, the Norwegian ambassador, called on Secretary of State Herter Monday afternoon for assunnces that the U2 plane downed in the Soviet Union was not, as reported by Khrushchev, heading for an airfield in Norway. Under Norway's arrangements with the North Atlantic Treaty Organization, no Allied troops are stationed in that country. Norwegian bases are sometimes used for reconnaissance flights over the Arctic but this is done on the specific understanding that the planes must stay far from the frontiers or air space of the USSR.

i Secretary Herter told the am- jbassador he had no information confirm the charge that Francis Gary Powers of Jenkins, who landed in the Soviet Union, was actually heading for a Norwegian base. Herter assured Koht that the U.S. would redeem its promise not to use Norway for such missions. Coincidentally, the Pakistani representatives here made clear that while they did not think for more information. Herter, accompanied by Central Intelligence Chief Allen W.

Dulles the man Khrushchev claims bosses such spy flights briefed 18 congressional leaders behind closed doors at the Capitol on the incident. Government security agents guarded the door of the committee room where both men appeared. A heavy blanket was hung over the doorway to muffle the sound of voices. Herter's carefully drafted statement, issued after the 90-minute briefing, did not say flatly that the United States would continue sending planes over Soviet territory. But, for the first time, it was acknowledged that such flights were undertaken not only along the frontiers of the Communist world, but "by penetration" that is, flights deep into Communist terrtory.

It was learned that Herter and Dulles told the congressional leaders that such reconnaissance flights had been made into Russia for several years. The legislators were shown pictures taken on successful plane flights which one participant described as being highly illuminating. The leaders were told there is some belief that the plane knocked down May 1 was not hit at anything like a altitude but that perhaps something went wrong which forced it to descend into closer range. It also was learned that several highly placed legislators told the administration officials they be- 723 Reported Killed In Algerian Skirmish ALGIERS, May 9 Fifteen Franch soldiers were killed and; 30 wounded in a two -day battle with Algerian rebels near the Moroccan frontier, the French announced Monday. i They listed rebel losses as 108 men killed and 42 captured.

The battle was fought in mountains south of Ain Sefra. lieved the timing of the flight was bad and that it would hurt the United States and the rest of the free world at the summit. One participant in the briefing reported Dulles said Russia had not made such flights over the United States except for a number in the Alaska region. The reason, Dulles stated, was the Soviets already knew all thy wanted to know about U.S. military and defense installations.

This did not square with a statement by West German Chancellor Konrad Adenauer that Soviet planes have made air reconnaissance flights high over the United States. Adenauer, at Dusseldorf, Germany, made the statement in a passing reference. It appeared his information came from the late Secretary of State John Foster Dulles. Press Officer Lincoln White at the ate Department did not seek to discourage newsmen from in-terp-eting the Herter statement as notice that flights over Russia would continue until there is East-West agreement on steps to guard against surprise attack. Herter said: "Tie government of the United States would be derelict to its responsibilities, not only to the American people but to free peoples everywhere, if it did not, in the absence of Soviet cooperation, take such measures as are possible unilaterally to lessen and to overcome this danger of surprise attack.

"In tact, the United States has not and does not shirk this responsibility. "I will say frankly that It Is unacceptable that the Soviet poli-(Continued on Page (A, Col. S) Best Salesman PONCE. Puerto Rico, May 9 t.P The Sales Executives' Club has named Msgr. James E.

Mc-Manus, Roman Catholic bishop of Ponce, its outstanding salesman of the year. McManus collected $400,000 to build a 50-room elementary and high school here. Powers' plane had taken off from 1 a Pakistani base, they would protest the use of their bases for such flights. Another indication of the problem came from Japan. There the plane incident was being exploited by political opponents of the government in an attempt to block ratification of the U.S.Japanese security treaty.

NASA Planning Shot At Moon i Today's News Index Toilers of the fields can now keep cool heads, IB. Kennedy's foe in Nebraska today a blank line, 16A. Development of Cochise water land to cost 7 million dollars, IB. Jailing in Cuba is tragi-comedy, 13A. More facts sought in theft of huge semi-trailer, IB.

TWA jetliner crashes, 109 escape death, 7A. Comics 14-15B Movies 7B Topics 12A Crossword 7B Obituarie 11A Sports 2-4B LOS ANGELES, May 9 i Plans for a space probe called Ranger III to measure radiation from the moon's surface and thus to learn something of what the moon is made of were disclosed to the American Rocket Society Monday. Equipment to make the measurements is being developed for the National Aeronautics and Space Administration by Jet Propulsion Laboratory, Pasadena, the Atomic Energy Commission at Los Alamos, N.M., and the University of California at La Jolla. "'tonal 16B Pub. Rec Financial 8-9B Radio-TV.