Austin American-Statesman from Austin, Texas • 1

WEATHEH FORECAST For Austin and vicinity: Probably ornvHliirml rain tor.ight nd Thun tiny oUUt Thursday. ror Kiift Tests: Probably occa-clonal rain tonight and Thursday; mlder ThiirmUy. and In and nrthoentrnl portion tonU'ht. Fur Went Texas: Pi'ukmMy occasion! mln tonight and Thursday; colder Thursday and In north and went pnrtiun tonight. Today's Best Brief ROCHESTER, N.

Oct. (AP) Federal court at Lock port, tn th western dlntriet of New York, was open for one minute before U.S. Marshal Joseph KrlUch adjourned the session. Its just an old Lockport cu torn. A regular session hat not been held there for 1'J years.

Second Oldest Daily in Texas Est. July 26, 1871 Founded by the Democratic Convention of Texas PRICE FIVE CENTS AUSTIN, TEXAS, WEDNES7 OCTOBER 9, 1935. VOL. 62-NO. 85 7 7 1 0 1 0) LI ULZ3LZJ Committee Voted JJof Oil Pill PLEI LIKELYTDBE REFUSES PLEA 0 To Continue Work $10, 00 1 TIL Cigaret Tax Statute Held Valid By Court ii it 3 ETHIOPIAN FORCES HEARINGS 1ST IT NEXT APRIL 1 the business of the Interstate Tobacco company.

While the court denied the state's contention Judge Hughes was with-cut jurisdiction, it held the lower court ruled erroneously on questions of law and fact The court held that when cig-srets were delivered by salesmen to purchasers and the purchase money collected "they ceased to be in interstate commerce and became a proper subject for taxation under the provisions of the cigaret tax law." By United Press The supreme court today in effect upheld constitutionality of the Texas cigaret tax act in the ex parte case of Sam Klmberlin, cigaret tax enforcement chief tn the comptroller's department. The court denied a writ of habeas corpus for Kimberlin, sentenced by Dist. Judge Sarah T. Hughes in Dallas to three days in jail for contempt for alleged violation of an order restraining Interference with TRENTON, N. Oct.

9. (AP) New Jersey's highest court condemned Bruno Richard Hauptmann today to the electric chair. Iy unanimous decision 13 members of the court of errors and appeals upheld the Bronx carpenter'f conviction by a Flemington jury last February 13 for the murder of little Charles A. Lindbergh, March 1. One bv one In a tense courtroom they said "no" to the arguments which llauptmann's counsel had urged In making their appeal last June 20.

To the charge that Atty. Gen. David T. Wilentz had gone far beyond his privilege in excoriating Hauptmann during the final summing up, the high court held that no ground for review was created. 3 PERSONS An impending battle by Howard Pierson' defense counsel to save Mm, on a plea of insanity, from conviction for the double slaying of hla parents, was foreseen today with the filing in 53rd district court of a defense application for the summoning of persons as defense witnesses.

The. 21-year-oM patricide is scheduled to go to trial Monday, Oct. 21. In the list of prospective defense witnesses are the names of a number of well-known physicians, including Dr. C.

H. Standifer, superintendent of the Austin state hospital; Dr. W. J. Johnson, superintendent of the San Antonio state hospital; Dr.

Joe AVooten, the Pierson family physician to whom young Pierson poured out his life story a short time after he shot his parents, Supreme Court Justice and Mrs. William Pierson to death. Witness List Prepared Others are Dr. Caroline Crowell, University of Texas physician, Dr. A.

E. Jloon of the Scott and White clinic at Temple, and Dr. M. H. Houston, Austin physician.

Dr. D. B. Klein, University of Texas professor of psychology, also will be subpoenaed as a defense witness. Asst.

Dist. Atty. Edwin G. Moor-head Wednesday was preparing a list of persons to be summoned as etate witnesses in the Pierson case. Moorhead said the application for state witnesses likely will be filed later in the day.

The defense witness list included the following other persons: Judge T. B. Greenwood, former associate of Judge Pierson on the supreme court bench; Mr. and Mrs. Irwin W.

Coleman of Houston. Mr. i WOLTERS RUES 10 BE THURSDAY 1 HAPS HER especially 'in the absence of objection at the time by Hauptmann counsel, BRUNO RICHARD HAUPTMANN ADDIS ABAEA, Oct. (AP) Has Seyoum, Ethiopian commander on the northern front, reported early success today in maneuvers of three Ethiopian forces against the Italian right flank, claiming capture of an Italian colonel and 30 other officers. The Ethiopian government flatly denied the following reports: That Ethiopians had invaded Eritrea; that Italians were using poison gas; that Ethiopians had surrounded Aduwa, massacring the Italians; that Edagahamus had been captured; and that the war minister had left Another Ethiopian chieftain, Ras Kassa, cooperated in the flank movement with an army SO, 000 strong.

Ras Seyoum reported, marching toward the Setit river on the border of Italy's colony of Eritrea. Dedjazmatch Ayelu, with a third force, also was reported moving steadily to the north. This capital, however, after a night during which it was plunged into deepest darkness as a precaution against feared Italian air raids, received in reports from the three battle fronts only a blurred impression of the general situation. Envoy Says Farewell One report from the southern front, near the border of Italian Somaliland, said two Italian planes collided while bombing Gerlogubi, in Ogaden province. There were no immediate fresh reports from the central front MEJ 5115 WIFE IIP BRUNO Hlflii 11 TOLD NEWS IEI By United Press Texas representatives today voted $10,000 for an investigation of "hot oil" running.

Investigations will end April 1, 1936. The resolution, by Rep. Tom Cooper, Tyler, was adopted by 86 to 52 vote. When certain legislators objected to prolonging the survey into the 1936 political campaigning season, the house voted unanimously to stop end committee sessions April 1. "This -committee has been accused all over Texas of being a 'political' committee," said Rep.

Albert Daniel, Crockett. "I don't believe in having it holding some star chamber proceedings in the middle of a political campaign." 4- 'Go After Big Boys' The same five representatives will continue the inquiry. Proposal to increase membership to seven was lost. "I think the committee has done more to stop 'hot' oil running in Texas than any other conceivable thing," said Member Harry Graves, Georgetown. "Do you think It can completely stop hot oil?" asked Arthur C.

Riddle, Lockhart "It would take a man sitting on top of every one of Texas' 19,000 oil wells to completely stop it," Graves answered. "Your investigation isn't worth a dime," Riddle said. Rep. E. Gaston Palmer, Nor-mangee, asked the committee to "go after the big companies." "Big companies," he said, "run more hot oil in one day than trucks and small operators run in 12 Too Much Privacy Amendments to the resolution was accepted to cross-examine witnesses or allow their counsel to do so Officials also may provide their own witnesses.

Authors of the resolution agreed to accept an amendment that no private funds would be accepted to aid the investigation. Spirited debate followed on an amendment to admit newspaper TRENTON. N. Oct. 9.

(AD It probably will be late this after and Mrs. Marshall Pierson, of Longview; Ira Woodward and Har old Renfro of High Island; Max noon before Bruno Richard Hauptmann hears that the court of errors and appeals has upheld his conviction in a lower court. Fichtenbaum, assistant registrar at the University of Texas; Steve Col. Mark O. Klmberling, war den of the state prison, said he Three persons, one a 7-year-old boy, were recovering today from injuries suffered in' traffic mishaps on Austin streets late Tuesday.

The most serious accident oc-, curred at 45th and Alice avenue when a car driven bv Andy Mopuss, 2604 East 16th, crashed into a light truck in which Louis Cantrell, Route 4, and his 7-year-old son, Louis, were riding. The truck turned over three times, hurting both the occupants. The child sustained a broken and crushed left ankle besides cuts and bruises about the body while his father was painfully scratched and shaken up. Poth were taken home after being treated at a hospital. Only the best of luck saved Mopuss and his car companion, Alon-zo Adams, 2604 EaRt 16th, from serious hurt.

After striking the truck, Mopuss' car jumped a ditch, narrowly missed several trees and careened 230 feet into a pasture before it was brought under control. Police said they would file negligent collision charges against Mopuss. In the other accident, Harry Mussett, 106 East Second, was knocked down and slightly injured by a taxicab backing out from a garage in the 100 block on East Fourth. Mussett was standing in the street talking to C. R.

Mussett, 2110 Clifton, at the time. Mussett was saved more serious injury when his companion looked up in time to shove him partly out of the taxi's path. It was driven by Dan Bagley, police said. WATERFRONT HUMS SAN FRANCISCO, Oct. The San Francisco waterfront hummed with activity today after longshoremen lifted the ban on NEW YORK, Oct.

9. (AP) Mrs. Anna Hauptmann, wife of I'runo Richard Hauptmann, was stunned today when she learned that the New Jersey court of errors and appeals had upheld the death sentence of her husband. She was unable to talk for a moment when the Associated Press informed her of the decision. Then she said: "Well, all we can do is carry on.

I don't know what I will do now, but Richard and I will continue to hope in God. "I hope and pray tnat the true facts will come out before they can do anything to my poor man." Thiebedeaux, Melba Thiebedeaux, Marguerite Thiebedeaux, Avery Howell, Otis McCray, G. X. Stovall, B. R.

Shindler, Dick Nettles, M. O. Johnson, Clint Oglesby, Jesse James, H. R. Leverton, W.

L. Bar would not Inform Hauptmann of the decision but would wait to see if around Mount Mussa Ali, in the C. Idovd Kisher, chief of defense counsel, comes to the Jail. row, all of Oiltown, Floyd O'Neil of corner formed by the boundaries of Ethiopia, Eritrea and French Somaliland. Observers considered it not im Victoria; Glenn Shlpe, Austin real Klmberling said ho would let Fisher the news to his client if he arrives by 9 p.

m. estate man, and Miss Nelle Hurley of Franklin. Still In Jail LINDBERGH HOPS OFF UNINFORMED Charles A. Lindbergh took off In his plane today from North Jiearh airport, Apparently with- fint1 hnvlno- lonrnftd nf tha rlnrlulnn Juvenile Thieves In Toils of Law possible that harrying of the fascist forces on the northern front around Aduwa had begun. Ethiopians believed the Italians would halt their advance until their present position was consolidated and their communications made secure.

Luigi Vinci-Gigliucci, the Italian minister, bade farewell to his friends today and hurriedly began the packing of his luggage in preparation for departure. He denied the Ethiopian government's charge that he had used the legation radio to transmit information to Rome after the Eth-jT1 Continued on Page 2, Col. 5. The family of Gen. Jacob F.

Welters planned today to return the body to Houston, his home, for funeral services. The noted former national guard leader, also prominent in political and legislative circles, died here yesterday of a heart ailment after a brief illness. He was 64 years old. A private railway car was made available for removal of the body to Houston. Services were set for 3 pm.

Thursday at Christ Episcopal church there and interment in Forest Lawn cemetery. Bishop Clinton S. Quin and Dr. Jtmes De Wolfe of Houston and the Rev. James S.

Allen of Austin, will officiate. Both houses of the legislature adopted resolutions expressing sorrow of his death. Ten senators eulogized him in addresses at a night session. For many years he commanded the 56th cavalry brigade, Texas national guard, and was advanced to the rank of major general upon retirement in 1934, He commanded troops on martial law duty in numerous instances, the last and probably most notable in the East Texas oil field during Former Gov. R.

S. Sterling's administration. He was well known in legislative circles. Many years ago he served as a representative. In recent years he was general counsel and legislative representative for the Texas company.

Active pallbearers will be Damon Wells, T. B. Blanchard, Calvin Garwood, H. P. Pressler, Glen Green W.

O. Crain, Walter F. Woodul Alfred Williamson, James N. English, Wm, Wisehart, Harry Johnson, J. W.

Rockwell, Rupert Radford, and Weston Meek. All of his friends as honorary pallbearers. Gen. Wolters Is survived by his widow; two sons Drane and Rus-seil Wolters of Houston; one granddaughter, Miss Nina Catherine Wolters, Houston; his mother, Mrs. Theodore Wolters, Seguin; one sister, Mrs.

Wolters Baumgarten, Houston; two brothers, Ed Wolters, Lane City, Texas, William Wallace Wolters, Baytown four nieces, Mrs. W. F. Steele, Pascadero, Mrs. I.

E. Elm, Oakland, Cal. Mrs. Tom Danion Houston, Miss Ethel Wolters, Port Arthur; two nephews. Ralph Baumgarten, Houston, and Thornton Wolters, Austin.

ROYAL SON BORN LONDON, Oct. 9. (AP) A son was born to the Duchess of Kent early today. The baby ranks seventh in line of succession to the throne of Great Britain. He was born to the former Princess Marina of Greece early this morning at her London home, No.

3 Belgrave square. The Duke of Kent, fourth son of King George, and the Princess Marina were married last Nov. 29. of the New Jersey court of errors and appeals upholding the dentn sentence of Bruno Richard correspondents and house members to all sessions. The latter may not He left shortly after 10 a.

m. cen- trnl tlnnrt'iVl tlmo and ViA'i It was at High Island that young Pierson was working as an oil company employe shortly before he returned to Austin last April, lured his distinguished parents on a ride in the hill section northwest of Austin, and shot them to death. Before his High Island employment he had worked in the East Texas oil field. The accused young man has been In jail here without bond since his arrest April 24 a few hours after he appeared at Seton Infirmary, a bullet wound in his arm. for treatment.

Young Pierson first told a story of a pair of highwaymen laying his parents and wounding him in a battle in the hills. But after questioning by sheriff's officers he admitted that he slew Justice and Mrs. Pierson. Monday. Judge C.

A. Wheeler set the two murder indictments for trial Oct. 21. The court held also that Hauptmann had not been Improperly treated in WiknU's cross examination "In the absence of objection. Trenchsrd Upheld The Hauptmann counsel's con tentlon that the state changed Us theory of how the crime was committed between the opening and closing of the trial is no reason fof reversing the lower court, the decision stated.

The decision was read by 7S-year-old Justice Charles W. Parker. As to ihr argument that Thomas W. Trenrhard, who presided Rt the Flemington trial, was unfair in his charge, the high court said: "It is always the right, and often the duty, of a trial judge to comment on the evidence and give the Jury his Impressions of its weight and As to the claim that the evidence was Insufficient to prove the commission of a burglary, the court held that the stealing nf a child and Us nitfht-dress constituted sufficient evidence. Mrs.

Anna Hauptmann, the wife of the former Gorman armv ma chine gunner, was not present In the packed court room when the decision was read, fihe learned of the blow to her husband's hope at her New York city apartment. 3 Courses Open "All we can do is carry on," she said. "I don't know what I will do now, but TUchard and I will continue to hope In God." Hauptmann was In the death house at state prison when th court acted. Three courses, none of them affording any great hope for the prison -pale Bronx carpenter, are now open to his attorneys. 1.

An appeal to the board of pardons, which could commute his sentence to life Imprisonment. (Such appeals are rarely grantel.) 2. An appeal for a new trial on the grounds that new evidence has been discovered since the first trial. (One of Hauptmann's lawyers said recently that such new evidence had been found,) 3. Appeal to the supreme court of the.

United States. In taking up point by point the defense arguments, the high court "Continued on Page 8, Col. 6. FDR CASTING EN ROUTE WITH PRES. ROOSEVELT ON THE PACIFIC, Oct.

9. (AP) Pres. Koosovelt looked forward to an afternoon of fishing today after a 1700-mile trip to Cocos island from southern California. Navigators aboard the presidential cruiser early in the day spotted the tiny through thdr glasses. The president planned to later with his guests to the small sandy beach of the surf would permit.

THIS SOCIAL WHIRL EVANSTON, Ill.f Oct. 9. (AP) Members of the Junior working for the community chest, are now taking turns at giving "coffees" at 9 a. m. The purpose Is to fortifv the workers with coffee and rolls before thev start off to make their "collections." south for an unannounced A strange band of juvenile thieves was broken up early today when police arrested two negroes, both 13 and a white boy, 12, after a bread truck had been pilfered in the 500 block on Pan Jacinto.

Though traveling with the black Vniitha iha Vmv rut have working cargo aboard British Co lumbia ships. More than 2100 st-jvedores worked BUCHANAN SPEAKS OF OF PROGRAM fcny of the stolen foodstuffs on him Jury Finds Lytle Guilty of Arson cargo on 65 per cent of the ships in port, and shipowners foresaw possibility of the port being cleared on delayed ships by Monday. GOLDEN AFTERGLOW DENVER, Oct. 9. (AP) A dec ade ago an aging Denver church man comforted a lonely English immigrant girl, who lay critically HIS BOY MISSING MILWAUKEE, Oct.

9. (UP) Fred Klug reported to police today he was worried because his son Charles had not been home for two days. Klug is 94, his son, 71. Though it could not he confirmed as he was out of the city, Jt ws reported today that Cong. James P.

Buchanan would be a principal ppeaker at the U.P. Chamber of Commnrre southwest division's convention in Kansas City in November. More tlftin 600 businessmen will convene in the. Missouri metropolis for a two-dav senslnn Nov. 8-9, with directors and president of the U.S.

chamber expected to be on hand. T)r. A. B. Cox of the University of Texas bureau of business research will go from Austin.

EOBINSON ON STUMP wnen ine trio was arresTen, ponce said. They recovered seven pies, two loaves of bread, a few cakes and 12 packages of chewing gum from the negroes. While the negroes were held at city jail for questioning later, their companion was turned over to Probation Officer K. A. Murrhinon.

EXHAUSTED! CHICAGO. Oct. 9. (VP) Mm. William McBurnev sued for divorce today because she had to "hitchhike" a ride while on a vacation with her husband.

She charged that after stopping 40 miles from the nearest town in Colorado, her huphand drove away leaving her to pursue him on foot. It "greatlv exhausted her," the complaint said. be excluded under house rules. Rep. Joe Greathouse, Fort Worth, introduced the amendment.

"This is a public investigation," he said. "That's the trouble with the government today there's too damn' much privacy." "We have reflected upon ourselves," he added. Committemen Graves and W. B. Jones, Jourdanton, replied that the nature of the committee's work made It impractical to furnish all information to newspapers.

Many rumors are traced down and unfounded charges proved untrue. The house recessed until 2 p. m. STUDENT HELD FORT WORTH. Oct.

9. (UP) Grady Slaton, 27-year-old Bible student arretted here yesterday on a charge of jumping bail at Tulia, was being hel dtoday for penitentiary officials. He admitted to arresting officers he was convicted of robbery In Tulia In 1931 and that he jumped his bond of while the was on appeal. The conviction later was affirmed. Tulia authorities last night notified local officers commitment papers had been made out for baton's transfer to the penitentiary.

ill. She recovered then, but died recently after an emergency operation. Her will, filed for probate today, left tsje $10,500 estate to the clergyman, the Rev. John W. Hudston, 83.

IN SPITE OF DUST GUYMON, Oct. 9. (A) DARKEN, Oct. 9. (AP) Renewing his defense of Roosevelt's new deal, Son.

Joe Robinson de Vv hat the Oklahoma Panhandle can produce in spite of dust storms wa? on display today at the Texas county and Panhandle district free fair. An opening day crowd of about After only 45 minutes deliberation the 126th district court jury trying Ross Lytle, ex-convict, on an arson indictment, Wednesday found him guilty and fixed his punishment at two years imprisonment. The jury received the case at 11:30 a. m. after a morning of argument.

At 12:15 p. m. it returned its verdict. The indictment on which Lytle was tried this week charged him with participation in the burning July 30 of a house at 3709 Cedar street, belonging to V. Culp, Elgin business man, and occupied by Marvin Casey, watchman at the state Confederate Women's home.

On a similar indictment in connection with the burning Lyle two weeks ago was acquitted. STRANGE LOOKING ROCK IS ON DISPLAY ATC0FC Passersby stopped in front of the Chamber of Commerce window at $03 Congress today to stare at a cross-cut section of a strange looking rock. Though he doesn't know what kind it is, the rock belongs to alter Long, Chamber of Commerce manager, who got it from friends in clared here Tuesday that "If tha people want Houverlsm they are TRACTOR TAKES LIFE PKNTON, Oct, 9. (UP) Paval Salinas, 4r, Mexican farm laborer in the Roanoke community, was killed late yesterday when he fWl under a tractor-drawn plow. 4000 found livestock "surprisingly eood" and milled through buildings gluttons for punishment." The senate majority leader, ppeaking at a meeting arranged by the Bradley full of canned vegetables.

county women's democratic club, replied to a speech by the former republican president delivered in California thre dav rko. Back In 1884, Quintuplets Were Born In Texas-But They Died In 5 Hours MARITAL TIES NEW YORK, Oct. 9. (UP) Mrs. Marietta Jakobs todnv complained that Piipreme Court Justice Julius Miller had held her husband's Iftral marriasre to be local and his c4ustinToday Fredericksburg.

It was cut. showing the bizarre intermingling of myriad other rocks in It, at the bureau of economic geology at the University of Texas. Smiles Come Easy YOU can Come Up Smiling Every Time if 3'ou'll let the Classified Department of these TWO newspapers solve YOUR PROBLEMS. When YOU have to do something in a hurry or find a quick way out of DIFFICULTY rent a house, recover a lost wallet, convert something into CASH only the "CLASSIFIED WAY" can give you the immediate service YOU need. TAKE care of the pennies, the dollar? will take care of THEMSELVES.

Learn the "dollar and sense" way of getting out of a difficulty through the Classified Ads. READ THEM TODAY The Austin American and The Austin Statesman Dial 4391 to Place Your Ad Free Messenger Until 5 p. m. Today. b't-'al one to be ilWal but there was nothing she could do shout the court's ruling that Dorothy Jakobs.

formerly of Reading. the lepal common law wife nf Ned Jakobs, a theatrical producer, and hence entitled to a separation from him. TONHAM, Oct. I. (AP) Did you ever hear of the Couch quintuplets? No not the Dionnes; they came along half a century later.

The Couch kiddies had their dim moment long before the glaring light of publicity turned such feats into world sensations. It was "the talk of the country around" when Mrs. Billie Couch gave birth to her babes at an isolated farm ner the Red river i.i February, 14. But so far as attaining world fame W'as concerned, this frontier mother labored in vain. A "word-of-mouth" report of the remarkable event seeped out spnt on feature stories and photographs and there was no paternal government to assume maternal charge of the youngsters.

LOUIS BROWN, in Bonham yesterday, said Mrs. Couch wa? his sister and the babies were pretty children, as "alike as five black-eyed peas." As he tells the story, there were two in attendance on Mrs. Cour but they were unable to save the quintuplets. The babies lived only five hour. Unlike I)r.

Da foe, who rose from obwnrity as a kindlv Canadian backwoods physician to fame as a babv specialist for his work wih the Dlnne quintuplets the Texas doctors who cared f-jr and finally reached the town of Graham all of a hundred miles away and the editor of the local newspaper put it down in history with a five-line story. "A lady living near Ravenna, eicht miles north of the city (Bonham) gave birth last Wednesday night to five children, all boys. The name of the parents is Thompson, and the father informs us that he has named the boys respectively Cleveland, Hendricks. Rayard, Manning and Chenowpth. Mother and boys are doing well." So said the Graham Trader In its terse summary.

There wer no hiph spepd communications to carry the ptory to a sensation-hungry world, fortunes were not Mrs. Couh and her offspring have long been forgotten. Not even th'-ir names can be recalled. Mrs. Couch, 36 years old then, had three girls and two Brown says.

The "word-of-mouth" information received by the Graham paper sems to have differed reppect to the quintuplets. There also was a discrepancy in the family name, which the paper carried as "Thompson." but which Brown av was "Couch." Brown, who lives near the old Couch naid Mrs. Couch's died a few years afterward and she later was remarried to "Pink" Jones, a farmer east cf Bonham. She, too, is d-ad now. Rivsr Stag at 7 Flood stage, 21 feet; height of river, .6 foot; change In last 24 hours, .1 foot lower; stage expected Thursday, .5 foot.

Oct, 10; Sunrise. 6:30 a.m.: sunset, moon rise, 4:57 p.m.; moonstt 4:41 a.m. MAVERICK RETURNS LAREDO, Oct 9. (AP) Cong Maurv returned her" today from Monterrev, Mexico, wbre he had gon wiJh Ilexford Guv TurfwelJ, undersecretary of asrl-cuPum, M.iverick aid Tusrwell and bis aitant, P. S.

Partlett. SAFETY TALKED Police Chief Raymond Thorp talked twice todav before student assemblies at Austin high school on the schoolboy patrols which are being proposed as a traffic safety measure here. Chief Thorp read to the students a letter from Little Rock, which told of success of schoolboy patrol? there. He said the Dlan had alsn been inaugurated in many other U.S. cities.

SPOT COTTON Austin middling BANK CLEARINGS continued toward Mexico Citv. Cnr. Maverick said he would go to 'Del Rio. Wednesday UM'l -2.