Greeley Daily Tribune from Greeley, Colorado • Page 1

Hornbein Asks Juror If He'll Aid Governor Weather Shippers' Forecast (radius. 250 miles)'--Protect shipments next 36 hours as follows: North, 25 degrees; east, 25 degrees;" 30 degrees; west, 20 degrees; ColoradorrPartly cloudy Tuesday night and unsettled northern mountains, Tuesday night; somewhat colder, in north-central 'areas Tuesday night. Local' for 24 hours ending 8 a. m. Tuesday: high 22.

THE GREELKY REPUBLICAN VOLUME XXX--NUMBER 143 AFTERNOON EDITION GREELEY, COLORADO TUESDAY, JANUARY 18, 1938 WEEKLY TRIBUNE ESTABLISHED 1871 Jury To Try Two Mexican Youths For Kersey Murder Being Chosen Baab Indicates By His Questions He May Demand Death Penalty Selection a jury to try two 17- year-old Mexican youths for the murder of Marvin also 17, behind a Kersey pool hall, last Aug. 24, was proceeding smoothly in district court Tuesday. The defendants are Elias Bspihosa and Ray Gonzales of Kersey, At noon both State, and defense had passed 12 men in- the box for cause, but it was indicated that both sides would exercise several peremptory challenges during the afternoon. Two men had been relieved of service, on this case on challenges for cause, Harry R. Boles of Kersey because he lives in the community in, which the tragedy occurred, and Roland M.

Marcus of Eaton because he is opposed to applying the death penalty in any case. Questions of Deputy District Attorney William. R. put to all prospective jurors, indicated lie may ask the death In the box at noon were the, following prospective jurors, all passed for cause: H. G.

Robinson, Greeley mechanic; James Esco Jones, Millike.n, in the milk manufacturing business; J. P. Culbertsoh, connected with Greeley State college; Ben T. Middleton, 1220 Twelfth avenue, Greeley, farm operator; Ira D. Ellis, 1227 Eighteenth street, Greeley; Delbeit Nelson, Eaton farmer; Eleventh avenue, Gree.ley, field man for Great Western sugar company; Harold.

P. Stewart, Johnstown insurance man; Edwin- Gaultp August route three, Greeley, R. L. Burman, Ault merchant; Oliver R. Kibben, New Haymer farmer.

The jurymen were drawn from, a list of 40 names, which included eligible members of the original November term, of court drawing of 60 men, as- well as 25 hew names drawn especially for this trial: Corridor Crowded Corridor in. front, of the third floor court room was crowded, with young and during the selection of the jury. Special Bailiff W. C. Tegtmann and Police Officer Cecil Ackerman kept guard at the court door, to hold out the crowd until a jury had been.

finally selected and men who will not be used on this case had been excused. The state, charges, that Espinosa murdered Marvin Mueller by plunging a long bladed pocket knife into his shoulder in quarrel which started in a pool hall arid ended in the rear Of that establishment after Mueller had challenged Espinosa to is charged with handling Espinosa the knife with which the. fatal blow was Iowa Has Lowest Percentage of Unemployment Is Finding of Voluntary Census Made in November Washington, Jan. had the. lowest percentage of unemployment in the November jobjess Director John D.

Biggers reported to President Roosevelt Tuesday. The voluntary survey showed 2.4 per cent of Iowa's estimated 1937 population was idle, compared to 4.5 per cent for the country as whole. In addition, per cent of lowans reported they were worK- ing for WPA, CCC, or other emergency agencies. The national figure was 1.5 per cent. Other low states were: North Carolina and Vermont, 2.7 per cent totally Nevada, Arizona, and Virginia, 3.1; Nebraska and Wyoming, 3.3; Kansas and Maryland, 3.5.

Rhode Island, listing 6.4 per bent totally unemployed, had the highest proportion of jobless. Other high states were: New York, 5.9; Oregon, 5.7; Pennsylvania and Massachusetts, 5.6; Washington, 5.4; Montana, 5.3. To Address Mutual Insurance Members Commissioners Consider Plan To Turn Greeley Hospital Operation Over To Good Samaritan Society Light Profits Realizing Checks Stock Market New York, Jan. light profits realizing helped tilt leading stocks moderately backward in today's market. While losses running to a point or more were reduced in many cases near the close the lift had a generally sickly appearance at the sound of the final gong.

Selected aircraft, gold mines, and miscellaneous issues moved counter to the trend most of the time, altho the majority failed to get far ahead. Peace Loving Jaycees Flee From a Stunt Bedford Has Program To Save Four Millions C. L. Fitch of Ames, who will address the Weld County Farmers Protective association that convenes here on Thursday. Eighteen Navy Flying Boats Head forJHawaii San Diego, Jan.

big flying boats, units of the bombing patrol of U. S. fleet, headed across thj abific toward Honolulu today in the greatest mass ocean flight ever undertaken by the navy- After all were in the air, they met In a rendezvous 100 miles at sea for a formation flight to Pearl Harbor, 2570 miles away. The flight to Honolulu was expected to require 18 to 20 hours. Boulder Lawyer Brands Bedford Stalin in Brief Treasurer Declares He Would A i Conferences In Secret Politics Warms Up Before Jury Is Chosen lor 4 Mike' Trial Ammons, Summoned as Witness, Appears In Corridor of Court Early (Associated Denver, Jan.

the prosecution of four men, in connection with the of microphones in Gov. Teller Ammons' offices "is a political case" were Hung, in Denver dstrict court today even: before a jury to try the tour men had been chosen. Over the vigorous prptests of District Attorney John A. Carroll, Philip Horbein, a defense attorney, asked a prospective juror, "would, you, sitting as a juror in this case be Interested in saving the political scalp of the governor?" T-, 10 nm Carroll, contending Horbein's ques- Denver, 18--Long range pio-, pollllcal har gram calculated to reduce llio annual was uiuy yuui.ii.ui struck. None Found.

Prejudiced, Diligent questioning by both the state and the defense, represented by Louis B. failed to bring an answer from any prospective juror that would indicate that he had. been prejudiced by a'ny article about the case printed in the Greeley Tribune or any other paper. Majority of the men questioned said, they are regular readers of the Case is presided over by District Judge Frederic W. Clark.

He told the jurors that they will be expected to decide whether the defendants are mur- Greeley Junior chamber members proved they are. a peace-loving group here Monday night when a large number walked out. of the weekly dinner meeting at the Rex dining room because the. entertainment program, which included a mock quarrel be tweeu several members, became too realistic. As a build-up to a mock operation to be performed Gordon Merrick, local advertising, man, Ray Moore, sign service man, and Dave Clark, radio technician, engaged iu what appeared to be a disgracefully personal quarrel that worked into a Tough house.

Junior chamberites jumped, to their feet and held the men When the fight was. ap- under control for the mo-" but. threatened to break out 'again, a large group of members sud- decided they had business elsewhere. One of the fleeing members called police and Assistant Chief Vern Claus County commissioners disclosed here Monday that they are giving serious consideration to the offer of the Good Samaritan Society (Lutheran) for taking over the operation of the Greeley hospital. Commissioners, said they have received a proposal by which the society would take the hospital, always a tax drain on Weld county, off the hands of the commissioners and operate it on a non-sectarian basis.

"We are sufficiently interested in the proposal to make an Investigation in the. towns where the society does run hospitals," said Chairman Charles 0. Plumb. "We wish to determine the reaction to the society's ihospital operation. 'We--un'dersta'tfd: that they have hospitals at Sterling and Brush, to mention some nearby." Good Samaritans are now operating what was formerly St.

John's college, 3 an old folks home in Greeley. Commissioners also disclosed that hey have just passed a resolution eliminating, the old system of discounting Greeley hospital bills to cer- public officials and professional neri. The new resolution cuts out all discounts except those regularly given in other hospitals of good, standing. Com- ot. He arrived to find, everything control.

The mock operation was then performed on Dave but played only about half, a house. Even, Jaycees 'who were' told in the heat of the rumpus that it was just a play, left before the program was still feeling that the affair had elements slaughter; Only in case of first degree conviction will the jury' set tyi In that case jurors will between a. life and" death sentence. Names on Second Panel Names appearing on the second panel of jurors particularly, for this, Arthur D. Baxter of Greeley route four; Cdrbit.

Bennett of 715 Seventeenth street, Greeley; Herbert A. JBennett of 1703 Eleventh avenue, Greeley; R. L. Burinaa of Ault; Ambrose O. Colvin of 19.31 Eleventh avenue, Greeley; Charles B.

Elfeldt of 1314, Seventh street, Greeley; Omer Fisher of ISlir Seventh, Greeley. Wilbur Gallarid of 1129 Four? teenth avenue; Greeley; A. D. Hankins of Mllliken; M. T.

Hays ef Johnstown; George D. Hicks of 617 Twentyr I) Ralph Hollister, 1604 Seventh street, Greeley; Lawrence Hurt of route four, Greeley; Paul Jewel Kersey; Oliver 1 Kibben of New Raymer; Ben T. Middleton of Greeley; I. W. Miller of Eaton; Kenneth Murphy of 1500 Eighth avenue, Greeley; J.

Nelson of Eaton, Charles A. Platt of 1107 Ninth street, Greeley; Fred F. Schroeder of Gill; C. F. Shambaugh Keenesburg; Roy J.

Sharp of Eaton; Harry D. Thompson of 1021 Tenth streetj. Greeley; A. J. Wilson, of Eaton.

Platt and. Fisher were excused, Platt Illness hi family and Fisher because he 'is a fireman. (sponges dripping with catsup), horse teeth, an appendix (balloon) and other vitals were removed from the Members of the stunt team are Dr, E. D. Miller, Ray Moore, Lloyd Dave Merrick They have put the stunt-on fore in this, never with such high-powered results as before the jayceeSi On the.

real part the program Gurdon Miller announced that there will be a meeting at the Greeley chamber of commerie'rooms at p.m. Tuesday to organize the Greeley Ski club. missioners said they understand that Fitch To Speak At Banquet of Mutual Surety C. L. Fitch, extension horticulturist of Iowa State College at Ames and a former resident Greeley, will be the principal speaker at.

the silver anniversary meeting and banquet of. The Weld County Farmers Protective Association which will he held Thursday morning at 10 o'clock at the Knights of Pythias. 1913 when the Mutual Insurance company, now the Weld County Farmers Protective association, was organized and he was an active 1 advocate of it. The company, now celebrating its 25th birthday, has $13,000,000 of insurance in force and more than $3,000,000 was written and renewed, in 1937. E.

R. Bliss is-president and D. C. Royer is secretary. Methodist Brotherhood Hears Dickerson Wed.

speei Denver civic association. Included in its recommendations was abolition of the governor's "so- called kitchen cabinet." Abolish Secret Conferences "Secret conferences should, be abolished and all state business transacted in the open," he declared. The mind the juryman." Brisk skirmishes occurring frequently as selection of the jury was begun, brought predictions from court room observers that the jury would not be finished until nightfall and that trial of the case might continue well into next week or later. Seated with their attorneys were l-l-'n DCLlCeU W1LU LUUll ULLUIIIGJ'O treasurer also proposed abolition of detendan -Erl H. Ellis, widely Denver, Jan.

13-- State Treasurer end to hilMell or pa i iess taxes- Homer F. Bedford was called me tu the pogsible exception gaso- "Colorado Stalin of lawful ljne (motor taxes to De use for in a brief Hied in the state supreme court today as a part the case test- taxes er jtance taxes, and an in- ing the state service tax law. The brief was submitted by M. H. a the stato may roce iv prop- Rinn, Boulder attorney, iu answer to one filed by Attorney General Byron G.

Rogers lor Bedford. r.o,"-""'i^y rt3r known Denver attorney, already sus- "Simplify the entire tax structure I- pended by tho Colofa0 supre me court for his connection with the microphone affair; Walden E. Sweet, former Denver newspaper reporter; Jack Gilmore, a. private investigator, and Walter Lear, secretary to U. S.

Senator Ed C. Johnson when Johnson was governor. All are on trial under special grand road building purposes only; liquor come tax. Enact a severance tax in er revenue from minerals, timber and other natural resources." The treasurer said that CG per cent i i i Ally Lreiiouiei aaiu LIIHV uu Boulder county district court held the state Business is conducted by the service tax, attacked, by Rinn, was jndepen(lent uoa rds, bureaus, and not "necessary and in all events unconstitutional," and Rinn appealed the case. agencies who receive their administrative expenses before any balance from lees and' expenses are turned over to His reply brief referred to the ser- Uu state treasury vice tax statute as "uniquely original i i a Func tions.

"Hold. Sack" in Colorado. "The constitutional functions the "All. othor states have to date re- st the sack as it. wete," 'from -taxing intangibles and exnlalned or itirlit Inlinr thru I 01I1 right of labor," thru sucli 'a law, Rinn contended.

"The attorney general has merely 'cited irrelevant and pecularily reasoned sales tax decision," he charged. "We are not attacking the Colorado sales tax herein altho there is respectable authority that the Colorado sales tax statute is invalid and unconstitutional in the vital particulars." Rinn stated that tax on a "purely personal service between human beings is not a proper tax levy or and concluded by asserting: "We trust we will not be again accused of being unduly emotional in i ell LIIUL guvciuA. mildly suggesting conclusion that be conlined to: at least forced to look elsewhere than the state treasury to cash their salary checks and expense accounts." He declared that official Colorado has "reached the place where subordinate agencies and independent jury indictments charging them with evesdropping and maintaining public nuisances and with conspiracies to commit those offenses. Governor Ammons subpoened as a defense witness, appeared in the corridor at the West Side criminal court building before the trial began, but later departed for 1 his office after notifying, court officials he would be available to when called. Injectipu the governor's name.

questioning the jurors brought the first of. many heated objections Carroll. Previously the district attorney's deputies, Anthony F. Zarlengo and C. Otto Moore had ques- a prospective juryman, closely as to whether he had ever had boards and bureaus are controlling the connection with a private detec- siluatioii whereas the constitutional! Live, or the news production of a.

news- department and elective officials are playing second fiddle." "In other the tail is wagging the dog in official Colorado." He outlined the state's financial situation and its history, explained the state's relief problem and, recommend- 'ed that governmental responsibilities under this resolution discounts will bill. Thp resolution eliminatps from the discount list county commissioners who have been given 50 per cent off. dentists, ministers, and former hospital nurses who are understood to have received a 10 per cent reduction. The resolution further provides that all discounts must be made a. matter record by the hospital superintendent.

The old policy of giving a 10 per cent discount for 1 cash in the payment of hospital bills was discontinued last- June. Commissioners said elimination of the cash advantage had not improved hospital bill collections, Asked concerning a reported policy giving a better rate to persons occupying a room for several months at at a time, Commissioner Plumb said that this had not been done by the present board. members of the Brotherhood are in-' may purge and liquidate his opponents to be present. Canal Cut Opposed Washington, Jan. The State Department is' opposed to reducing Panama Canal tolls for interedastal Green H.

Hackworth, department legal Monday told the Senate committee 'on Ihteroceanic Canals. Hackworth said the State feit that such exemptions of reductions' woUld be in violation of treaty obligations. Joe Nesbitt Fined Joe Nesbitt Greeley route was Tuesday fined" and costs by JUstice E. G. English on his plea guilty to" a Courtesy patrol charge failure to give a signal and thus causr ing on highway 6 near the Hudson The.

dinner hour is 6:30, and all Colorado. Stalin of The treasurer declared that, "well citizens banded together un- us names to offer sugges- may purge ana iiquiuiuc uis uiu cmo meaQ i nj at will, and if this also makes good va iou reading to the emotional public, so does the constitution and the Bible and we cannot help it." Ranchers Say Cooper Is Man TakingJl850 Three- Weld county people Monday identified Walter Cooper, 43, as being one of four men who nearly two years ago obtained $1,850 from John Oster making left turn out of alley: Harry of Gilcrest and William Van Wyke of Windsor, $6.50 tor of Kersey by means of a confidence Harvey Vogeler of 1610 Ninth avenue, eame $6.50 speeding; Lorame Onlpnian, Many Police Court Fines on Monday Police court fines levied Mon-' day night included: Terry Carpenter of Scottsbluff, $6.50 for speeding; Roy Kohler Kersey, $3.50 for Harry game. The identification was made by Mr. and- Mrs. John Oster and Mr.

Van Wyke who went to Denver police headquarters' with Deputy Sheriff Iveri Howery. tions and remedies will be ineffective because they are working at cross purposes." Union Hotel, $6:50 for speeding; Walter Peterson of 513 Eighth street, $6.50 for speeding; Albert Schmidt of Love- land, for speeding; Christine Me- Ul rned away to eat downtown. Donald 715 $3.50 Harlau C. Strong, Greeley hatchery a rlan Strong President of Young Demos One of the largest crowds in history attended the annual Jarkson Day dinner held in Greeley Monday night by the Young Democratic club of Weld county. Total of 257 were served at Newman hall and 36 additional had to be "Do you believe others connected with newspapers besides newsboys, could be respectable?" Hornbein asked as he started the defense examination of jurors.

When Charles R. 38, a painter and decorator, and the first juryman tu be iiuetstiuiied said he had once berved as a democratic precinct. eommitteeman in Denver but had, resigned, Horubein inquired whether he had participated iu campaigns with Gov. Amnious. quit--" the juror started to reply when the defense attorney interposed with the question: "You felt it was time to.

quit when he came in?" The, words had barely, been uttered when Carroll was on his feet protesting it "unfair and improper" to question a juror on "whether newspaper men are respectable, whether it was time for this man to resign a political office, or whether the governor instigated this Hornbein replied the defense: did not. find it necessary to ask a juryman whether the governor instigated the case "because we say he did." Upheld by Judge Walsh's asked" whether, Piersee hail read a newspaper article bearing the heading "Ammons will demand prison sentence for men back of state house spying." district attorney protested again. It makes no difference iu, this case Cooper, who was brought to Den-1 for parking too near a fire plug 'man, was elected president the what the governor wants," Carroll as. er following his, release from a Wash- Jim Fisher of Ninth street young democratic club, winning over serted. 'He exercises no control over ington prison, will.be tried in Denver'drew $11.50 for disturbance on com- rj an McCoy by 35 votes out of 140 oa.the charge of bilking: Oster, Howery I plaint his Fred Godel of said.

Oster and Van Wyke said that Copper and his pals lured, them to Denver under the guise of a horse feeding, enterprise, got th'ern into crooked poker games and separated them from their money. tor Denverite Fined at LaSalle Ronald Martiu of Denver was fined and costs by Justice N. G. Patterson at LaSalle ou a speeding 1 charge. Two Cars Damaged The 1935 V-S sedan, driven by M.

F. Junge of 1841 Sixth avenue and the 1937 Poritiac sedan operated by Claude Hackett of, 1426 Seventh- street, were badly damaged at 9:45 Tuesday in a collision at Twentieth avenue and Fifth street. Junge was going cast and Hackett north at the time. There were no injuries, police said. Second Plane Victim Dies Milan, Jan.

18--The death toll an airplane crash near here Sunday was raised to when Merrill Sellers, i9, died of injuries, .21, was killed when the plane crashed from a low altitude, -M North Central Potato Control Committee Wants No. 2 Spuds Barred from Shipping Jan. 25 Potato control committee offices In Denver for Colorado, Nebraska and Wyoming, Tuesday were notified from St. Paul that the North Central Potato control committee telegraphed Secretary trol committee recommends to tlio the courts." Supreme court, featured speaker troi commiuee recommenua 10 mu even i wa estimated to have Honorable Henry A. Wallace, soore- evening.was estimated to have (ary of agriculture, that the shipment addressed over 400 persons who jam- Habeas Corpus Hearing, Jan.

22 Hearing on the Habeas corpus action brought In behalf of. G. C. Channell, seeking to force the sheriff's that shipment fice to show cause why they are hold- in interstate commerce (President Franklin Koosevplt but ing him, -was Monday afternoon set; in the North Central area after Jan. North Dakota, designated in Order Nn.

I i i ,113 and fiKhts with down for hearing-on Jan. 22, 26. Such a regulation has been in efc IS, between the dates of January 25, compaied his alms and rights with Judge Frederic W. Clark can take it feet in Colorado, Nebraska, and Wyo-11938, and May 31, 1938. The committee at that time.

Judge C. C. Coffin ming since Dec. 9 as a means of pro- win cast. Ted Lehan of Greeley was named secretary over Jane Phelps, by a majority of 15 votes.

The new vice-presidents are L. J. West of Greeley, Andy Metoyer of Eaton and Jack Davis of Fort Lupton. Other directors named are: Charles Wheeler of Greeley, Charles Dunn of Johnstown, Jennings Cazer of Roy Anderson of Fort Lupton, Marvin Collins of Eaton, Mike Brenuan of Erie and Mrs. Ira Martiu The Young Democratic club voted a change in by-laws by which any officer, or director who is out of the county, for three mouths out of a year I be 0 0 is, automatically displaced.

said Reveal told them the songs Justice Leo Knaus of the Colorado cau uer to cry. Hill Billy Dirge Blamed For West Va. Murder Associated 1'rcsa) Charleston, W. Jan. woman's tears shed over, the singing of a hill, billy dirge resulted today in a murder indictment against Ronie Reveal, 24, for the killing of his uncle.

The hill man told police he shot Clarence Edwin Walker last September 19 because he refused to stop singing a lament, "Daddy, My Sweet Daddy." Mrs. Walker's father died shortly Newman hall. Suit Filed Against Blick Suit to secure judgment for $397.17 made the setting. tecting potato, price levels. Channell is, being held at the county A copy the wire sent Wallace jail hero on a warrant Chey-, from" St.

Paul, an outgrowth of a con eiihe check charging he gave 'a $221 bad terence-at Scottsbluff last week, reads from the This will permit the In payment for produce. D.eputy I as follows: shipment of U. S. commercial grade of No 2 Brad'e no a oes Into ined stali room iu isles ot a E. Blick, doing business as 01 U.

a. XNO. graue poiaui.s in ii TOno fliorf in flloti-lut Blick's Pool hall, was filed in district court Tuesday by B. B. and wholesale company of Greeley.

Ceinplalnt alleges the judgment asked is for goods delivered last fall and not paid for. Roy M. Brlggs Is attorney for tuo plaintiff. Correction Virgil Purvis Johnstown, who has been, teaching at Trinidad, will work Jan. 24 as English, and has determined that this action will eliminate a weigh ted of 12 per cent of the total potatoes which otherwise would be available for shipment District Attorney Will Hall Thompson said Channell.

will ho held in jail -hearing' on the wrlu "Following recommendation a unanimously adopted yesterday (Monday) 'The North Central Potato Con- or better'." North Central Potato Control committee. those of Roosevelt. He particularly compared Jackson's bank fight Roosevelt's battle with what he called concentrated wealth." Camp Fire Board Meets Executive board of the Camp Flra Girls foundl will meet Wednesday evening, Jan. 19, in the office of Dr. Geoi'gp W.

Frasler at the college. speech teacher at Brighton Sfgh school. The Tribune stated, thru error, yesterday that he would teach, at Johnstown,.