The Austin American from Austin, Texas • 1

Make Austin Streets Safe Monday Aocidents 2 Persons injured 1 Persons killed none Thia Year Accidents 22 Persons injured 4 Persons killed 1 Weather Generally fair Tuesday. I encan It's Privilege to Live in Austin Volume 16. 10 PAGES AUSTIN, TEXAS, TUESDAY, JANUARY 28,1930. Number 244. rady's Jealousy Cause State Charges AM'm J.

IVVMUS Killing Dry Officers Told Scene In Brady's Courtroom, and A Witness ill 1 Lte-- Austin Merchants. Forecast Increase In February Business Trade Already Picking Up Poll of Leaders Here Shows Gin Party Dispute Prior to Tragedy Revealed to Jury 1 You can get some idea, if you 11 take a good look, ot the mob gathered in the courtroom Mondav afternoon for the John Bradv murder trial. The picture was taken during a moment of recess. At the extreme left is Ilardv Hollers, Henry Brooks' seat is vacant, and behind his chair is Roy Archer. Behind him is the press table, and to its right sits John Brady, caught by the camera with his mouth open and shifting his position.

Will Brady is at his right. Sheriff Colev White is next (standing), and grouped at the end of the table, left to right, are L. A. Berry, Julius Dorenfield and Dayton Moses, bi? guns of the defense. John Peeler is standing, behind a vacant chair, in which Sam Dickens was sitting during the trial.

The young man shown at the right is Frank Graham, whose testimony was heard Monday afternoon. Prosperity Ahead Larger Business Forecast For Coming Month In This Section Return of sunshine to Central Texas after a month of extremely cold weather and a splendid winter season in the ground due to snows and rains in January caused merchants and business men of Austin to vision bright prospects for February in the merchandising field. Despite the short cotton crop of last fall, the farming situation has been alleviated considerably in Central Texas through the Increase in dairying, poultry raising and other diversified activities, some of the merchants pointed out. Labor Back at Work Lifting of the extremely cold weather has also enabled common labor to return to work after a layoff of 10 days or two weeks. Building activity has also been resumed and business conditions generally are on the upward trend, according to business men who were Interviewed Monday.

Statements made here by H. W. Stanley of the East Texas Chamber of Commerce in the merchants' meeting Thursday night, that business is passing through a period of depression do not apply to Austin and Central Texas, according to Carl H. Mueller, retail shoeman and director of the Texas Retail Merchants' association. Mr.

Mueller stated that Austin has perhaps the lowest percentage of unemployment and that prospects for February are unusually good. Larger Volume Seen Merchants of the city Invariably tated that a larger volume of business was enjoyed Saturday and Monday by the local stores as a result of the sunshine and clear weather. Continuation of good weather will bring a considerably larger volume of business here next month, merchants interviewed Monday stated. W. Scarbrough, head of E.

M. Scarbrough 8ons department tore, said he anticipates a good business during February and that (Continued on page col. I) 1 Si is. -5 Plane Crash Fatal To Pilos and Four Passeng KANSAS CITY, Jan. 27.

W) Four passengers and Pilot Dyke Lauderman were killed when a tri-motored Central Air Lines plane, bound from AVichita to Kansas City, crashed in the dense undergrowth at the edge of Fairfax air port near here late today. Story Case Postponed DALLAS, Jan. 27. Trial of Yancy Story, '38, Denton county, on a charge of burglary growing out of a bank robbery at Fondor four years ago, was passed in district court here today by agreement of state and defense attorneys. No reason was given for the indefinite postponement.

Story smiled broadly at the agreement, asserting that at last he was "getting a break," in the courts. He planned to return to Denton county and resume work on his farm. I JOHN BRADY was "that way" about Lehlia Highsmith, and jealousy moved him to stab her to death, the state would have you believe. This is the sum of evidence offered Monday afternoon by four witnesses for the state, the first put on the stand in Brady's trial on an indictment for murder' of the Highsmith girl. The four witnesses were F.

R. McNaughton, who said he took a knife from John Brady after the killing; Frank Graham, who turned out to be an innocent salesman, dragged into this trial only because he was trying to sej.1 a radio to McNaughton; King McFarland of Burnet, a casual visitor to the house in front of which the tragedy occurred; and Mrs. R. B. Crider, operator of the rooming house, who detailed the relations John Brady had with Lehlia Highsmith, as sha knew them.

Many Things Happen These four witnesses were all who appeared before the court; and while their testimony was important to the state, what they had to say was only a small part of the events of Monday. Thus it went: 1 Before court met, Dayton Moses and Roy Archer stood toe to toe and slugged it out, Moses going down twice undec blows to the jaw. 2 When a recess was taken for questioning witnesses, th defense filed a motion for suspended sentence, in case of conviction and sentence of five years or less. 3 A. G.

B. Highsmith handed out a prepared statement say ing he asked Harris Harris of Austin, attorneys hired, to retire from the case. 4 Highsmith supplemented this statement with the oral an nouncement that John Mathis, Houston lawyer, "cama into the case with my consent," but that he did not hire him Who hired him, Highsmith said he did not know. But he was in formed Mathis was "employed by some friends of Lehlia's." 5 The why of the courtroom fight came out as King Mo Farland testified Roy Archer questioned him last Saturday whether a bribe had been offered him to change his testimony. He answered the question negatively.

6 A knife eight and three-quarter inches long was dragged by state attorneys four times out of a brown folder and passed it to four witnesses. Each said it resembled the knif taken from Brady. 7 The state made no attempt Monday to prove Lehlia High smith legally dead. Usually, this is an early step in 4 murder trial. 8 A vigorous effort by defense to prove Brady drunk Nov, 9 met no resistance from the state, Instead Henry Brooks asked Witness McFarland if Brady was drunk, and as he said yes.

the defense objected to his opinion. Thus went the day; and if you'll figure up the import of each these little actions, you may decide for yourself the audience at the courthouse was kept pretty busy. Through Mrs. Crider, who took the stand a little after 4 p. m.

and had not finished her direct testimony at adjournment, the state began building up the jealousy theme. It learned of two times she had, heard Brady make threats against the woman, and that he had asked her to report to him on Lehlia Highsmith's going and coming. Henry Brooks, district attorney, carved out his own plan of conducting this trial, put it all down on a sheaf of paper, bound these notes together in a larger blue sheet, and went to bat. Hardy Hollers, assistant county attorney, sits beside Brooks with this folio in his hand, checking the testimony offered by witnesses against sworn statements made to Brooks several weeks ago. Apparently he played his trump cards at the start, instead of es- Work on Courthouse 'Bill to Start Tuesday COMMITTEE work on a report to tell the legislature how much Travis county's courthouse is worth, as a basis for cancelling the county's unexpired lease, and whether the state owns ground in Austin that may be given the county in exchange for the lease, will start at ,9:30 Tuesday morning, Rep.

Eugene Giles announced Monday, after house and senate committees-were named. Rep. Giles, as author of the resolution, heads the house group. With him are Reps. Penrose B.

Metcalfe, San Angelo; Ed R. Sinks, Gid- They Must Abstain From All Liquor Mitchell Says Enforcement Units Must Set Example For Prohibition Pledge May Be Asked Attorney General Endorses Bill TransferingWorkTo Justice Department By the Associated Press WASHINGTON, Jan. 27. If Attorney Gen. Mitchell has his way, prohibition enforceemnt officers will not be drinkers but to the contrary will be sincere believers in the Volstead act.

The head of the justice department, who would bear the burden of dry enforcement responsibility under the Williamson bill being considered by the house expenditures committee, revealed his views in a lengthy letter made public today. He endorsed the bill in an appearance before the house committee just before conclusion of meetings and forwarded the expression of his personal opinions a few hours later. Mr. Mitchell's views were contained in an answer to a private citizen who had called attention to inquiries being made by a Justice department agent concerning candidates to a United States marshal-ship. The citizen's name was withheld.

Saying the Investigation was under his direction, the attorney general defined his purpose as "to ob tain all the information that Is available about any candidate which bears on his qualifications for the post and his probable efficiency." At the hearing, Reps. Cochran (d), Missouri, and Stone r), Oklahoma, had inquired whether dry agents should not pledge themselves to abstain from liquor drinking. The treasury department now has charge of dry enforcement. Secy. Mellon already had endorsed its transfer to the justice department.

Rep. Schafer (r), Wisconsin, sought In vain today to have the expenditures committee Invite Dr. Clarence True Wilson of the Methodist board of temperance and F. Scott McBride, superintendent of the Anti-Saloon league, to appear. The committee also refused to Invite J.

J. Britt, chief counsel of the prohibition bureau of the treasury. With the receipt of the Mitchell letter, Chmn. Williamson of the committee announced that hearings had been closed and the committee would go into executive session tomorrow to perfect the bill for submission to the house, probably late in the week. An attack on the Christopherson bills to broaden the powers of the United States commissioners to hold summary trials ot petty offenders of the prohibition laws was launched in the house by Rep.

Cel-ler (d), New York, on the ground that they were unconstitutional. They would, he declared, deprive the people of right of trial by Jury and if enacted would not cause bet-tar enforcement of the dry laws. Hearing Postponed OKLAHOMA CITY, Jan. 27. (UP) Hearing of a habeas corpus action for C.

W. Thompson, held in the J75.000 American First National bank messenger robbery since May 24, 1929, today was passed until tomorrow In district court. Thompson Is seeking his on bond because of the dangerous illness of his sister, Mrs. Minnie Rayl, at Hutchinson, Kan. Bombay Quiet After Holiday Celebration BOMBAY, Jan.

27. (INS) Quiet reigned throughout India today following yesterday's celebration of "independence day" which was generally much more orderly than expected. Release Prisoner ATLANTA. Jan. 27.

A coroner's jury today held that the fatal "prank'- shooting of Alius Cora Belle Brown Saturday night was "justifiable homicide" and released Otis C. Waller, who admitted the shooting, from custody. Plan Church Conclave DA AS 57 Th committee of 300 making plans for the general conference of the Methodist Episcopal church, South, to be held here in May, will have a special meeting here tonight to discuss arrangements for the session. Play Host to Executives BROWNSVILLE, Jan. 27.

Prpparationii were made tonltsht to entertain some freight rate executives from the eastern states in Iho first convention on rate adjustments ever held west of the Mississippi, opening tomorrow. 4 FT I 4 dings, and A. B. Tarwater, Plain- view. Sen.

John W. Hornsby, who asked the senate to authorize the committee, was named on It, along with Sens. Walter C. Woodward of Coleman and Will M. Martin of Hillsboro.

Report Asked The resolution, as amended by Rep. George Purl of Dallas, who supported it, asks for a report to the legislature on the state's original grant of the "old courthouse site" on West Second street, and all on state-owned plots of ground in Austin not btir.g used by the state. It also asks for a report on the amount paid by the state each year for office rental in Austin, as a basis for shewing that half the courthouse half-block will be required within a few years for a small state office building. Speedy Action Asked Mr. Giles said re will ask the committee to complete its work promptly so as to report eiiriy in the session.

Sen. Hornsby told the senate Monday that Gov. Dan Moody has agreed to submit at this session his bill to exchange a block of state-owned ground between West Fourth and Fifth streets for the unexpired lease, in lieu of any cash compensation. The lease law authorizes cancelling the lease at any time by paying the county the value of such improvements as may be on the site at the time. LEGION PLANS WAR MEMORIAL The American Legion will enter wholeheartedly into a plan to permanently beautify the two half-blocks of state-owned ground between the governor's mansion and the state office building, by building a monument through statewide Subscriptions, on the west half-block, honoring world uead.

Ernest C. Cox, state com. mander of the legion, said Monday. This supplemented announcement of trustees of the George W. Lit-tlefield memorial to the Southern Confederacy, that the Littlefleld memorial will be offered to be put on the present courthouse site, if the courthouse lease is cancelled by the state.

The two memorial groups, representing over would provide the most magnificent beautlfl-cstion program at any state capital in the nation, it Is said. Order Production Cut OKLAHOMA CITY, Jan. 27. (lip) State-wide curtailment of oil production was ordered by the Oklahoma corporation commission today. The order followed (he recommendation of operators who presented their application for official approval of drastic proration of Oklahoma's crude oil yield.

urn wiwnmiM Bolter Candidates To Be Barred In Florida Primary Attorney General Declares Votes Still Valid In Election Laws By the Associated Press TALLAHASSEE, Jan. 27. With campaigns for June primaries in the offing, Florida voters were informed today by Atty. Gen. Fred H.

Davis that literal application of state election laws would bar from participation as candidates in the democratic primary, all persons who voted for Hoover in the 1928 general election. The opinion was expressed in the attorney general's answer to a letter from a resident of Hastings, Fla, The same rule applies, said Mr. Davis, whether the candidate voted for Hoover and otherwise followed the regular list of democratic nominees. Many Florldans voted such a split ticket In November, 1928 Voter Not Affected The law has no effect on voters however, explained J. T.

G. Crawford, national democratic committeeman for Florida any democrat who felt he could not support Al Smith In the general election may came back and vote the democratic ticket at any time, he said. The attorney general pointed out that a candidate for office on the ticket of any party must take an oath that he or she did not vote for the nominee of any other party, national, state or county, at the last general election. This means, said the attorney general, that candidates for nomination in the June primary will have to sign a sworn statement that they did not vote tor nominees of other parties. Applies to G.O.P.

The law applies to the republican party as well as to the democratic. Fur the first time since recon? truction days, the republican party will be ready this June to hold a primary. This is because the republican party, with Hoover for president, and William J. Howey, for governor, polled more than 30 per cent of the votes in the last general election. The state law provides that any party polling such a vote is recognized and may go to the primaries for its next nominations.

Atty. Gen. Davis said he did not presume to say what effect the ap plication of the election law would have on the June primary. Riot Precaution Taken NKW YOKK, Jan. 27.

(INS) Hundreds of policemen will be on hand tomorrow to prevent a demonstration by communists at fu-npriil services for Steve Katovls, Htrike picket who died from a shot fired by a policeman, witti whom he had argued. 4 Passengers And Pilot Killed As Monoplane Falls Ship Crashes, in Sight Of Kansas City Port And Burns By the Associated Press KANSAS CITY, Jan. passengers and the pilot crashed to death in a monoplane of the Central Air Lines, a subsidiary of the Universal Aircraft corporation, bound from Wichita, to Kansas City, near the Fairfax airport here late today. The five passenger Travelair plane, second section of the regular 3 p. m.

flight out of Wichita, dipped suddenly into a nose dive at a low altitude and plunged into the donse undergrowth, bursting Into flames in plain view of specta. tors and airport workers. The dead: Dyke Lauderman of Kansas City, pilot. Margaret Dice, St. Joseph, Mo.

C. Hoy McKinnon, St. Louis. William Flynn of Kansas City, manager ot the Globe theatre and former alderman and democratic leader in Kansas City, Mo. James Eggert, 64, Chicago.

Lindbergh Re-Elected As Transport Chairman NEW YORK, Jan. 27. (INS) Col. Charles A. Lindbergh has been re-elected chairman of the technical committee of Transcontinental Air Transport, it was announced here today.

C. M. Keys, president of Curtiss-Wrlght corporation and re-tiring head of Transcontinental Alt Transport will be succeeded by L. Maddux, head of former Maddux Air Lines. Bishop Critically 111 CHICAGO.

Jan. 27. (A The condition of the most Fev. Charles J'alrnerKton Anderson, presiding bishop of the K'plscopal church in America, was pronounced extremely critical lato today, although the prelate had rallied somewhat from a Kumlen sinking spell Inst night. The bishop has been seriously ill since he suffered a heart attack last Tuesday.

tablishing that Lehlia Highsmith This Matter of Taxes (And Don't Forget to Pay Your Poll Tax) rPAXESl It is said that there is only one other thing in life as cer-tain, and that is death. We grumble about them; scold about them; protest themand some of us become delinquent in them. Nevertheless we pay them. Those of us who are delinquent generally are made to pay them eventually in some way or another. But they must be paid.

We ought to pay them. And what is highly important, we ought TO PAY THEM WHEN THEY ARE DUE! fPHIS is not a defense or a support of any particular tax. Tune for that should have been when the tax was voted. Time for that should be when another tax is proposed. We are the masters of our taxation.

Our government is conducted on the proposition of MAJORITY RULES. Maybe that is a poor way to run a government, but every man who so far has denounced the method has failed to offer a better substitute. No, this is not a debate on taxation. rpHIS is a reminder that January is an important month for our various units of government because it IS TAX PAYING MONTH. If you do not pay your county or state taxes by midnight of Jan.

31, you are subject to a penalty. If you do not pay your automobile license tax by midnight of Jan. 31, you are subject to a penalty. The theme of this reminder, however, does not concern itself whether or not you are penalized. Rather, it is to urge you to PLAY FAIR with your government and ABIDE BY THE RULE OF THE MAJORITY and pay your taxes promptly because the units of your government need these taxes now to continue and function.

rpiIEN there is another HIGHLY IMPORTANT TAX. It is called A a POLL TAX. If you do not possess a POLL TAX RECEIPT, you ar not permitted to vote. Who said so? The majority of the people of Texas said so. If you do not pay down $1.75 to the county tax collector by midnight of Jan.31 you will be precluded from voting in any election this year.

This is ELECTION YEAR IN TEXAS. Every known office in the category of state government is to be filled by new incumbents or refilled by old ones. Do you want a hand in naming the persons who will be your GOVERNMENT AGENTS? VOW, the first thing you should do this morning, if you have not done so already, is to go over to your county court house and PAY ALL YOUR TAXES. And do not forget TO PAY YOUR POLL TAX. You are an Anicrican-Texas-Austiti citizen.

If you arc of voting age and incapacitated to vole at election time because you do not possess a poll tax, YOU ARE NOT THE SORT OF A CITIZEN THROUGH WHOM YOUR GOVERNMENT WILL GROW AND PROSPER. Hambone's Meditations ni3suh preacher ma'iep mah ole Oman's Sister em he pone WIMT To WORK NOW- Haa PU5HM' 'GlrJ IE was dead and by an eye-witness proving that John Brady killed hef unlawfully. Ordinarily district attorneys prefer this method, leav ing their heavy artillery for rebut-tal after the defense has offered what evidence It can command. No Warning However, the testimony presented Monday came with so little of. flourish, no horseplay or warning, that it created no little excitement.

"You've wanted to know what these witnesses were going to say: now you have It," was Brooks message to reporters. He was content with that. Liquor Testimony Koy Archer, county attorney. Bald "we made pretty fair and glanced at the clock. The defense move of the day was the one forecast during questioning of veniremen determining that Brady was drunk very drunk the night of Iho killing was regarded as highly Important Kaon of the thtee witnesses the defene que- ttoned were asked about this, two saying he was Intoxicated, and one Mc.Naiisliton refuting to agree.

Mrs. crliler hug not yt been asked till question. The court was In seislon only 45 minutes Monday morning, thie time being spent in legal skirmish' on the ibBiie ot making tat wit- S2JAME5 .7 mm.