Austin American-Statesman from Austin, Texas on February 27, 1952 · 1
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Austin American-Statesman from Austin, Texas · 1

Austin, Texas
Issue Date:
Wednesday, February 27, 1952
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On the Inside City U-3) Boyle 16 Comics 14 Hollywood 2 Radio 15 Sports 17-19 Society 7-9 Reuben .......18 World 15 Editorial 4 Classified . 20-23 Theater 15 The Capital City Newspaper Since 1871 AUSTIN, TEXAS, WEDNESDAY, FEBRUARY 27, 1952 81st YEAR 2i9 24 PAGES 5 CENTS Wall ' r lNv Jv ' VICTIM'S HAT This hat retrieved from the Colorado River belonged to W. L. Bailey, accidentally drowned Tuesday afternoon. Fire W. L. Bailey Drowns Near Lamar Bridge The treacherous Colorado River claimed the life Tuesday of a 42-year-old Austin man, W. L. Bailey. Bailey drowned some two blocks vest of the Lamar Boulevard bridge while two companions watched helplessly from a distant point on the north bank. He had been try-ins nut a boat and motor. BAILEY, 1608 Kerr Street, apparently lost his footing in the small boat. He fell into the cold water about 3:15 p. m. and was pulled out approximately 12 minutes later by firemen in an emergency rescue boat. His body was floating face down when firemen arrived. Bailey, a veteran driver for the Kerrville Bus Company, may have toppled into the river while trying to retrieve the boat motor. One of his companions told investigating police he discovered that the motor had dropped into the water when he swam to the boat in a futile rescue effort. Doctors at Brackenridge Hospital tried for 45 minutes to revive Bailey with artificial respiration, oxygen and heart injections. He had been an employe of the bus company for 16 years. For a dozen years he had driven between Austin and Houston. Funeral arrangements were still pending Wednesday morning at Cook Funeral Home. Survivors include his wife, Lor-rainei and a 9-year-old daughter, Janet. After conferring with Bailey's companions and doctors at the city hospital, Justice of the Peace Robin Forrester rendered a verdict of accidental death by drowning. A Brackenridge doctor, questioned by Forrester about the floating body, said it is not unusual for a drowning victim to remain on the surface. Contrary to popular belief, it happens in many instances, he said. POLICE and a reporter were told by Bailey's two companions that they weren't sure, but didn't believe he could swim. The two men, W. G. Moehring, 1202 Bickler Road, a brother-in-law, and W. K. Johnson, Route 2, said they were standing under the Lamar bridge talking while Bailej took the boat upstream. They saic they heard the motor stop and then iaw a disturbance in the water. Moehring said that when he and Johnson reached a point on the bank near the boat, Bailey's body was slowly floating downstream. Moehring said he plunged into the Icy water and swam to the boat but was exhausted when he reached It and helpless when he found the motor under water. Galveston Fete Chooses Royalty GALVESTON, Feb. 27 IWJames Moroney, Jr., and Gloria Slaughter of Dallas Wednesday reigned as king and queen of Galveston's Mardi Gras the first non-islanders ever to rule over the celebration which began in 1867. Coronation of the Dallas pair last night heralded the 40 days of Lent and concluded a four-day celebration. . Miss Slaughter, a debutante of this season, is the daughter of Mr. and Mrs. A. L. Slaughter of Dallas. She is a student at South-ern Methodist university. Moroney Is the son of the assistant treasurer of the Dallas Morning News. OVER KOREA CONTENTION Vole of Confidence Given Prime Minister Churchill LONDON, Feb. 27 (AP) Prime Minister Churchill won a House of Commons confidence vote on his foreign policy Tuesday night after asserting his pledge of "prompt, resolute and effective" action in Korea only continued policies set last May by the ' Tformer Labor government. WARMER US Weather Bureau forecast for Austin and Central Texas: Fair and warmer Wednesday night and Thursday. Clouds and south winds increasing Thursday. High expected Thursday afternoon, 70 degrees; low Thursday, 45 degrees. More data on Page 12. Texas Weather Plunges Back By Associated Press Texas' midwinter weather had skidded back into its dry ruts Wednesday with only high, thin clouds in West Texas to mar an otherwise clear sky. Temperatures continued to rise and no rain was reported or expected. The forecast called for fair skies i and warmer temperatures Wednes- ray and Thursday for North Central, and West Texas and only partly cloudy skies Thursday in South Central and East Texas. Said a weather observer: "All that East Texas fruit not harmed by the norther Monday and Tuesday can go ahead and grow." Valley Crops y Freak MCALLEN, Feb. 27 (LP) Freezing temperatures and heavy frost hit a wide area of the Rio Grande Valley early Wednesday, and heavy damage to thousands of acres of early cotton, wheat, corn and vegetables was expected. ' A freak low pressure system passed over the Valley about 5:30 a.m., tumbling temperatures lower than those at many up-state points. Strong southerly winds whipped through the area from 3:30 to 5:30 a.m. The winds died suddenly after 5:30, then temperatures dropped and a heavy frost settled over most of the area. W. H., associate agent for Cameron, Hidalgo and Willacy Counties, said widespread damage can be expected "when temperatures drop to 32 degrees." He said all the cotton up will "just fold up and wilt" He said it was impossible to estimate the acreage of cotton already coming: up, but added it was mora than men found Bailey about 75 yards from his boat and the hat was another 100 feet downstream. He disclosed also that the Labor regime of Prime Minister Attlee secretly set up a plant for regular production of atomic bombs and had produced an atom bomb. Churchill won the confidence vote 318 to 285, a margin of 33 votes. Liberal Party backing swelled his nominal Conservative edge of 14 votes. His revelations on Korean policy and the atom bomb came, Churchill said from Cabinet documents which he had no chance to see until his Conservative Party ousted the La-borites in last October's general election. His disclosures brought confusion and anger among the Laborites. This may sharpen the division between such separate leaders as Attlee and Herbert Morrison and the left wing faction led by former Labor Minister Aneunn Bevan. The confidence vote came on a Labor censure motion accusing Churchill of making secret military pledges to President Truman. Socialist critics charged these pledges were hinted at when Churchill promised in a speech to Congress last month that Britain would take "prompt, resolute and effective" action if a Korea truce were reached, then broken by the Communists. Churchill denied any secret agree, ment with the President. He said Attlee's government reached a secret military understanding with the United States last May to take joint action "outside Korea" if Communist planes badly blasted UN forces from Chinese bases. Churchill said Attlee was justified in making such arrangements Freeze usual because many farmers planted early this year. Temperatures at 6 a.m. included 32 degrees at Brownsville and Edinburg, 33 at Mission and 34 at McAllen. Similar temperatures were reported over a wide region of the lower Valley area. Some farmers were reported to be burning old automobile tires as smudge, hoping to ward off damage. Crop by crop acreage and probable damage, as listed by Friend, included: , Tomatoes from 15,000 to 18,000 acres; very heavy damage. Cotton acreage estimate . not given; most crops where frost or freezing temperatures hit were expected to be killed. Wheat and field corn 10,000 acres; some might sprout out again. Cucumbers, squash and melons 2,000 acres, mostly lost. Beans and black-eyed peas 1,500 aces, mostly lost. Friend said the potato crop also was expected to receive heavy damage. - Hit Jury Agrees On Murder With Malice BY LEONARD MOHRMANN Malcolm E. (Mac) Wallace was found guilty of murder with malice Wednesday and given a five-year suspended sentence for the slaying last Oct. 22 of John Douglas Kinser. The jury, out 16 hours ?nd 39 minutes, returned its verdict to Judge Charles O. Betts in 98th District Court at 9:04 a. m. The 30-year-old former University of Texas campus leader was solemn-faced but for a faint smile as Court Clerk Pearl Smith completed reading the verdict. THREE MIM'TES later, Wallace was released from custody on his own recognizance under $1,000 bond. He conferred shortly with his attorneys. Polk Shelton and John Cofer, and then accepted sentence which precludes appeal of the decision. The 12-man jury empaneled a week ago filed from the room. District Attorney Bob Long, who Tuesday described the slaying of golf professional Kinser as a near-perfect murder, left the courtroom as the last words of the verdict were read. Members of the district attorney's staff appeared dumbfounded. Long's only comment was. "You win cases and you lose cases usually everything happens for the best." There were smiles around the defense counsel table. Shelton had sat beside Wallace as the verdict was read. Cofer sat just in front' of them. Wallace had no comment other than that his plans, "are rather fluid." THE COURTROOM, filled Tuesday night with spectators awaiting a verdict, was bare but for a springling of the curious and the interested Wednesday morning. A few had taken seats on the hard courtroom benches as early at 8:15 a. m. Wallace's father, A. J. Wallace of Dallas, and his younger brother, James Eldon, sat near the defend ant as the verdict was read. Al Kinser, the slain man's father who heard closing arguments sitting near the judge's bench, said he was happy with the presentation of the case by Long and the verdict but added, "I am disappointed with the sentence." He told a newsman. "If a man is guilty of murder and gets a suspended sentence, what is the value of human life? It just doesn't make sense." The 12-man jury, with E. D. Nicholson as foreman, had been confinea to the barracks-like jury quarter? and the courtroom for 10 days. It received the case at 4:25 p. m. Tuesday after hearing five hours of closing argument. The jury requested Tuesd;iy about 8 p. m. to see the bloody shirt introduced in evidence as that of Wallace during the trial. ADVISED THAT a judge would not be available until Wednesday at 9 a. m., the jury retired for the (Continued on Page 6, Col. 5) Board Asks Life Only ForMcCune By Associated Press The Board of Pardons and Paroles Wednesday recommended reduction of Billie George McCunc's death sentence to life imprisonment. Board Member R. A. iSmoot) Schmid recommended the commutation and was joined by Member T. B. White. Chairman Lyle Harris was reported ill and not participating in the action. Governor Shivers must approve or disapprove conversion of the sentence. McCune is scheduled to die in the electric ch;iir March 17 for rape of a Fort Worth woman in a downtown parking lot there in February, 1950. He has received six stays of execution while his attorneys have pressed appeals for clemency in the courts anil before the Board of Pardons. The Court of Criminal Appeals last week had rejected his application for a writ of habeas corpus and a motion to reopen the entire case. McCunc's attorneys claimed in their latest effort to save him from the chair that there was newly discovered evidence in the case, that there was fraud in the original trial by the state's counsel, and that McCune had been denied due process of law. The Appeals Court opinion by Judge Lloyd Davidson rejected ail three pleas, saying that McCunc's right to appeal had been exhausted in the original proceedings. The governor was n his home In Woodville and an office spokesman said he was not expected to act on the clemency recommendation Wednesday. pemded Siitna FIVE YEARS, SUSPENDED Malcolm Wallace, second from left, talks quietly with one of his attorneys, Polk Shelton, moments after being found guilty of murder with malice and given a five-year suspended sentence. Wallace was convicted of the 9 Busy Courtroom Days Climaxed by Quiet Finish Thirty-year-old "Mac" Wallace stared intently at each of the 12 jurors as they filed into the still-as-a-tomb courtroom. As the solemn-faced men, weary from nine days of confinement and strain, took their seats Subcommittee To Be Given P0W Puzzle MUNSAN, Korea, Feb. 27 wy-Staff officers tentatively agreed Wednesday to drop the question of voluntary exchange of prisoners of war back into the laps of a truce subcommittee. They've settled all prisoner exchange details but this key issue and one minor translation problem. The translation was to be ironed out Thursday. The subcommittee of armistices negotiators tentatively was scheduled to take over again Friday. A second staff committee headed toward a similar stalemate over Communist insistence that Soviet Russia help supervise the truce. Colonel Don O. Darrow told the Reds they "appear to be more interested in arguing the merits of the Soviet Union than in reaching an armistice agreement." North Korean Colonel Chang Chun-San said the Communists would "categorically reject" any Allied proposal to sidetrack Russia. He said the only solution was for the UN command to accept the Red nomination of the Soviet Union, Poland and Czechoslovakia as neutral nations to help police a truce. "Until such time." Chang said, "there will be no progress in these negotiations." The Reds previously turned down a UN offer to drop Norway from its list, retaining Switzerland and Sweden as neutral supervisors, if the Communists eliminated Russia. House Probers WASHINGTON, Feb. 27 ry-Homeless House investigators appealed to Speaker Rayburn Wednesday for help in getting office quarters for their investigation of tile Justice Department, Their appeal was accomiaiiied by Republican charges that the inquiry was being "roadblocked" by denial of operating space. Representative Keating (R-NY), ranking Republican of the special House judiciary subcommittee beginning an inquiry into Attorney General McGrath's domain, said he regarded inability of the committee to find quarters "very disturbing." He was backed by Representative Hillings iR-Calif), a fellow investigator. Keating accused "those who are BY WRAY WEDDELL JR. NO CUTTIN' US TEXANS By -International News Service Texas' 1953 license plates are going to be full-sized after all. The State Highway Depart-reported Tuesday that the '53 plates will not be replaced by, metal tabs on this year's licenses, as previously announced. A new federal order relaxing the use of critical metals will make full-sized plates possible, the department said. Professor Free Under $1000 Bond A University of Texas physics professor Wednesday was free on $1,000 bond charged with "failure to stop and render aid" after an accident Tuesday afternoon in which two persons were injured. Charged in Justice of the Peace Frank McBee's court was Dr. Malcolm Colby, 59, executive director of the UT Military Physics Research Laboratory. Police investigators said Dr, Colby was stopped at 23rd Street near San Jacinto Boulevard after his car had been involved in a collision at East 38''i Street and East Avenue. Injured in the accident were Mrs. Joe Draper, 26. of Route 4, Box 294: and Wess Bishop, 58, of Route 4, Box 205. Both were described as in "fair" condition Wednesday at Brackenridge Hospital. interested in preventing an Investigating of the Justice Department" of being responsible for the peculiar predicament of the committee. He named no names, however. Chairman Chelf (D-Ky) told newsmen he was disturbed, too, but said he was unwilling to view lack of quarters as a "roadblock" until he talked matters over with the House speaker. The decision to go to Rayburn was reached after a fruitless canvass of the Capitol and the two House office buildings. "We've reached an impasse," Chelf concluded. He said not only was no office space available on Capitol Hill, but that the General Services Administrationthe government's housekeeping agency had found no room October gun slaying of Golf Professional Douglas Kinser. Wallace's father is beside him. Behind Shelton is a character witness for the former University of Texas student president, Earl Deathe. (Neal Douglass Photo by Mike Olive.) in the jury box for the last time, bright sunlight flashc'd from Wallace's dark, horn rimmed glasses. His face wore no expression. The hands of the former University of Texas student presi dent lay still in his lap. If there was ension within him when Court Clerk Pearl Smith cleared her throat to read the verdict, Wallace kept it out of sight No trace of feeling crossed his face as the clerk read the verdict of the jury: Guilty of murder with malice in the October gun slaying of Golf Professional "Doug" Kinser. Still no expression when the sentence was read: Five years in the State Penitentiary. Then came the recommendation suspended sentence and for a fleeting moment Wallace's mask broke. A faint smile played about the corners of his mouth. But that was all. Quickly his face was as before expressionless. And it remained thus while the court tied together the odds and end3 of legality. Judge Charles O. Betts had warned that there would be no demonstration of any kind when the verdict was read. There was none; only a low "hum" in the half-filled courtroom. THE SLAIN man's brother, Winston Kinser, sat for a moment in the rear of the courtroom, then quietly left. Kinser's father chose to stay at work, in his downtown store rather than hear the verdict in person. Wallace's father and brother and his attorneys huddled around him after the verdict. But his wife was not in the courtroom. A friend said she had not expected a verdict so early 9:04 a. m. and had taken her young son to a nursery. Reporters asked Defense Attorney Polk Shelton why the huddle and would there be an appeal? Shelton said the group was simply waiting for the courtroom to clear before leaving and there would be no appeal. A few minutes later Wallace ac- (Continued on Page 6, Col. 6) Out in the Cold in any government-owned building in Washington. Chelf said the committee was faced with the prospect of going out and hiring a private hall providing it got permission from the House or Speaker Rayburn. This would be unprecedented, but It is common knowledge on Capitol Hill that committee space has been tightening because of the unusual number of special inquiries under way. The range from the Katyrn Forest massacre to a study ot chemicals in food. Although without home or staff, the House investigators announced plans to call McGrath as their first witness whenever they get under way. Two points of questioning were agreed upon. One would deal with RAPE CASE Court Upholds Death Penalty For Gephart The Court of Criminal Appeals Wednesday affirmed the conviction and death penalty of Foley Ford Gephart assessed in a Travis County district court on charge of rape. The opinion was written by Associate Judge W. A. Morrison, who held there was no reversible error on the part of the trial court. Gephart was charged with attacking an eight-year-old girl on the Saturday following Thanksgiving 1949 in an apartment house on Leon Street. Labor Suit Pleas Denied By Associated Press The Third Court of Civil Appeals Wednesday overruled both parties' motion for rehearing in Brown and Root's injunction suit against the Texas Federation of Labor and 55 local unions. The court's action leaves the way clear for either or both sidas to appeal to the State Supreme Court. Both sides had asked rehearing after the Appeals Courfissued an opinion which favored Brown and Root, Inc., Houston construction firm, on most points but gave the labor unions a victory on one major score. The Trial Court had granted an injunction prohibiting the unions from picketing Brown and Root without prior approval from the Trial Court. The Appeals Court knocked out the approval provision. Ike, Aide To Visit PARIS, Feb. 27 (JPh-General Dwight D. Eisenhower and his chief of staff, General Alfred M. Gruen-ther, will fly next Monday to Tui-key and Greece. Ankara, the Turkish capital, will be their first stop. the department's handling of cases, its dealings with United States attorneys, delays or failures in prosecution, and the handling of grand juries particularly in . St. Louis and San Francisco. Also, the House group wants to inquire about Theron Lamar Caudle, the former assistant attorney general in charge of the tax division who was fired by President Truman in the wake of internal revenue scandals. Chairman Chelf indicated McGrath probably would not be called for at least 30 days, but the committee was prepared to hear Harold E. Stassen "any time" on his proposal that investigators look into reports the attorney general has amassed a private fortune since starting his political career.

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