Dayton Daily News from Dayton, Ohio • 1

I ONLY AFTERNOON PAPER IN DAYTON RECEIVING ASSOCIATED PRESS NEWS AND WIREPHOTO SERVICE DAYTON'S WIREPHOTO I DAYTON DAILY NEWS HOME NEWSPAPER EDITION VOL. LXI. NO. 179. and THE Thursday.

Detailed -Cloudy, weather followed report by on snow Page 5. Wednesday night DAYTON, OHIO, WEDNESDAY, FEBRUARY 16, 1938 28 PAGES PRICE THREE CENTS Cabinet With Nazi Influence Rules Austria Navy Building Data Placed In "Secret" File WASHINGTON, Feb. (P) The United States navy, abandoning a 13-year-old policy, transferred to its "secret" file all information on how work is progressing on warship construction. Officially, the referred to the order merely the internavy, est of public welfare." Heretofore, periodical reports have listed each vessel's percentage of completion. Speculation dealt with two possible reasons: That the navy wanted to give no foreign power any more information than necessary, and that there may have been some construction delays which officials think could best be overcome in privacy.

Yesterday's construction report withheld percentage figures and announcement of any delays. A month ago the report had indicated construction of 15 destroyers and two aircraft carriers would be delayed. The navy currently is building 63 warships and two auxiliaries. A comparison of reports indicated five, including the light cruiser Brooklyn, were completed during the last month. It was assumed that the order for secrecy would continue during the construction of any new ships which congress might authorize under an $800,000,000 naval expansion bill.

It was said in naval CONTINUED ON PAGE 2. COLUMN 2 Fail To Agree On Wright's Sanity LOS ANGELES, Feb. Inability of a jury to reach a verdict on Paul A. Wright's sanity increased today the possibility another costly trial may be necessary for the convicted slayer. The same jury that required only four hours Saturday to decide Wright was guilty of manslaughter, friend, for shooting Kimmel, his wife has deliberated 16 hours since Monday on his plea of innocent by reason of insanity.

Late today, it was indicated, Superior Judge Ingall Bull may discharge the weary jurors, eight men and four women. Prosecution and defense council estimated a mistrial on the sanity would take three weeks, including a review of all evidence in Wright's murder trial. A verdict that Wright was temporarily insane when he committed the double killing would free him. If found sane, Wright would face a maximum penalty of 20 years in prison. Defense Attorney Jerry Giesler said he is prepared to file a motion for a new trial if Wright is declared sane.

If the motion is denied Giesler intends to appeal. Hundreds of "fan" letters from various parts of the country have poured in to trial attorneys. praised, some condemned the prosecution's case. Most of Wright's letters consoled him, Giesler said. Delegation Welcomes Hoover At Le Havre LE HAVRE, France, Feb.

(P) Former President Herbert Hoover arrived from New York today on a "sentimental visit" to Belgium, which as Belgian relief commissioner he helped feed during the World War. He said he would spend several weeks in Europe and travel through France and Switzerland after leaving Belgium. A reception committee of French and American officials greeted him when the Washington docked. partmental They sub-prefect, included the Charles Perie, and the American consul, Samuel Wiley. There was a delegation also from the Paris embassy, Consul General Robert D.

Murphy, and military and naval attaches Lieut. Col. Horace H. Fuller and Capt. Francis Cogswell, VIENNA, Feb.

More than 2000 amnestied nazi conviets began leaving Austrian prisons and concentration camps today as a reorganized cabinet with nazi influence in a powerful role assumed control of the repblic's destinies. Their one of the first results of the sweeping governmental changes wrought by Chancellor Kurt Schuschnigg at the behest of the leaders of Austria's powerful northern and southern neighbors, Reichsfuehrer Hitler and Premier Mussolini. Some circles spoke of Austria as the puppet of the two totalitarian leaders as containing a close friend Hitler, two men avowedly friendly to nazi Germany and two nationalists, came into power. The changes resulted from Saturday's Berchtesgaden meeting of the German and Austrian chancellors and the advice of the Italian premier. By these changes Austria was represented as having bought "internal peace amity approval and support of two powerful neighbors and promises of new guarantees of her pendence.

The five years of strife, terrorism, propaganda and sabotage for which the amnestied nazis had been sentenced were considered at an end, with these offenses excused overnight and new peace between Austrian factions in prospect. The change also was considered to have dashed hopes of the monarchists for a restoration of the House of Hapsburg to the Austrian throne. Some sources set as high as 3000 the number affected by the amnesty, including those convicted or facing sentences for illegal activity as members of the nazi party. Some of those amnestied were involved in the socialist uprising of February, 1934, and the subsequent abortive nazi putsch in which Chancellor Engelbert Dollfuss was murdered. Throughout the current crisis Austrian organs of information have stressed ironically, in the light of events--that today's govCONTINUED ON PAGE 4, COLUMN Legion Not To Blame, Says Bund Leader CLEVELAND, Feb.

G. Wilhelm Kunze, bund organizer, today held patriotic organizations blameless in with fighting which connection, bund meeting in Buffalo Sunday night. Kunze told several hundred members attending a closed meeting of the organization here last night that as far as he was able to determine, the American Legion and other patriotic organizations had nothing to do with the Buffalo demonstration. Standing beneath two lighted swastikas and flanked by men wearing nazi belts, Kunze said it was his opinion. "the men who started the trouble had a few too many beers." "Generally, as far as patriotic organizations are concerned, we are on friendly terms with them," the bund leader said.

He said the bund was against any and all atheism, against all I subversive internationalism and against the indiscriminate mixture of Aryan and Asiatic or African races. want to preserve the culture in which America has been built and keep people of our own kind controlling the public mind." CHANGE NAME OF PLAZA TO THEODORE ROOSEVELT BUFFALO, N. Feb. (P) Roosevelt Plaza, a small area in downtown Buffalo, had an extra name today--Theodore. The city council changed the name to Theodore Roosevelt Plaza at the request of Spanish War veterans who said they wanted to be sure that everyone knew which "Roosevelt" the plaza was named after.

Gallipolis Friends Recall McIntyre As "Regular Guy" JOHN H. COLBURN GALLIPOLIS, Feb. McIntyre swung from a home-made stable were recalled today by Odd McIntyre. "Dunk was a regular guy," was Banker Harry Maddy's description of the noted writer of Broadway highlights whose body was to be brought back today to his adopted home. But a little 83-year-old woman, known to thousands of McIntyre's "New York Day By Day" readers as "Aunt expressed a motherly belief that had he been more carefree in later his heart would not have failed' him in New York last Monday, five days before his 54th birthday.

Mrs. Emma Kerns, an aunt of Mrs. McIntyre, inclined toward I Senate Kills Proposal To Limit Debate BULLETIN WASHINGTON, Feb. (AP) -The senate rejected today a motion for limiting debate on the anti-lynching bill. WASHINGTON, Feb.

(P) Senate leaders forecast defeat today for a motion to curb the anti-lynching filibuster, but. they said the bill would not be shelved until the $250,000,000 emergency relief appropriation is ready for consideration. The house called up the relief bill at noon, only an hour before the time set for a senate vote on drastic limitation of the anti-lynching debate. Supporters of the anti-lynching bill said in advance that defeat of their proposed curb on speechmaking would mean the a death of the measure for this session of congress. The senate probably will discuss the relief bill Friday, assuming the passes it quickly, and then the senate calendar will be open to such pending measures the government reorganization bill and various appropriation bills.

Although house chieftains expressed confidence the relief bill would be approved, some Republicans were opposing it and some members of the self-styled liberal bloc wanted a larger fund. Representative Taber N. ranking minority member of the appropriations committee, said the appropriation was not necessary. "There's only on possible excuse CONTINUED ON PAGE 2, COLUMN Planes Set For Flight To Peru MIAMI, Feb. 16.

(P) Six of the army's mightiest war planes -giant four-motored "flying -were poised today for a non-stop flight of 3132 miles to Lima, Peru. The planes, en route from Langley Field, to Buenos Aires for the inauguration Monday of President Roberto M. Ortiz of Argentina, were scheduled to take off at midnight. From Lima the huge bombers, carrying 50 officers and men, will attempt another non-stop flight of 2532 miles to Buenos Aires. The planes arrived yesterday after a flight of slightly more than five hours from Langley Field, some 1000 miles.

Lieut. Col. Robert Olds is flight commander. Lieut. D.

R. Gibbs, spokesman for the flight, said the planes would attempt to fly non-stop to Lima only if weather conditions were favorable. If bad was encountered, he said, they would stop at France Field, Canal Zone. Lieut. Gibbs said the primary purpose of the flight was a good will mission and not a record, but that, if the non-stop hop to Lima were successful, it would establish a new distance mark for the army air corps.

The, distance, he said, is approximately that covered by navy planes flights from California to Hawaii. Nazi Members Of New Austrian Cabinet Judge Howell Insists He Is To Hear Case The ease of the city of Oakwood against Mary Mikesell, David arrested Dee. 11 on a charge of speeding, will be heard by Judge Fredrick W. Howell next Wednesday. At his court Tuesday night.

Judge Howell said, "I am still judge of Oakwood and intend to try all the cases brought before me," and he indicated definitely that he included the Mikesell ease in that statement. Elbert Mikesell, Dayton attorney and husband of the defendant Mary Mikesell filed an affidavit of prejudice against Judge Howell. Common Pleas Judge Franklin G. Krehbiel heard what testimony was offered and refused to remove Judge Howell, but recommended that Judge Howell voluntarily step down from the bench in this case, Judge Howell indicated Tuesday he intends no such course of action. Among his claims that Judge Howell was prejudiced, Mikesell offered the dockets of the Oakwood court.

He claimed, by his methods of computation that last year Judge Howell had heard 412 traffic violation cases and found every defendant guilty. Mikesell said that showed bias in favor of the police department. Tuesday night Judge Howell heard 30 traffic violation cases in CONTINUED ON PAGE 4, COLUMN 6 FIREMAN-WIDOWER DONS MONK'S ROBES ELIZABETH, N. Feb. 16.

-(P). Michael Anton, 31, has turned in his fireman's togs to don the robes of a monk. A fireman for eight years and a recent widower, he has spent a six months probationary period in the Christian Brothers' Monastery order, and last night handed his resignation to the fire commissioners. "Aunt Jenny" Talbott Gay In Observing 101st Anniversary "Aunt Jenny" "Aunt Jenny" Talbottchristened Virginia-was 101 years old Wednesday. In her suite at the Miami hotel, which she shares with her sister, Miss Molly Talbott, she quietly celebrated the passing of one year over a century.

With her on this unusual occasion were her niece, Mrs. Robert Thruston Houk, and Mr. Houk and her great-nieces and nephews, Mrs. George Shaw Greene, Phillip Schuyler Church and Nelson S. Talbott.

The luncheon table was centered with a birthday cake bearing 101 candles. Unidentified Man Is Sixth Traffic Victim VIENNA, Feb. of the Austrian government by Chancellor Kurt Schuschnigg tolay brought new hope to Ans. trian nazis of closer cooperation with Germany. Among nazi sympathisers involved in the changes Skubl (left), new director of security with immediate control of police forces; Guido Schmidt (center), who became foreign affairs minister, and Dr.

Edmund Glaise-Hortenan (right), reappointed to the cabinet as minister without portfolio. Man Killed When Train Hits Truck SPRINGFIELD, Feb. James Nelson, 30, Cincinnati trucker, was dead in City hospital today from injuries suffered when his truck was hit by a Big Four passenger train near Enon, three miles east of Osborn, yesterday afternoon. The locomotive was disabled and the train was deayed an hour. Nelson, driver for the Desalbo Construction was going to a gravel pit for machinery.

Two Girls Given Life Sentences NEWARK, N. Feb. Two young women convicted of slaying a bus driver in a $2.10 hold. up were sentenced today to spend the rest of their lives in prison. Only a formality, inasmuch as a jury of 12 married men last night returned a verdict of first degree murder with a recommendation for mercy--making life imprisonment mandatory--the sentencing took less than 10 minutes.

As Mrs. Ethel "Bunny" Sol, 20- year-old policeman's daughter, and Genevieve Owens, 18, stood with bowed heads, Judge Daniel J. Brennan repeated the jury's verdict. he added: "Therefore the sentence of the court is that you be sentenced to hard labor in prison for your natural lives." Both girls were pale and nervous. The mannish "Bunny" sobbed, "Jenny" kept licking her lips.

Both held handkerchiefs to their faces, Genevieve held Ethel's arm. Patrolman and Mrs. Frank parents of Mrs. Sohl, were courtroom, their eyes red from weeping. A nurse accompanied Mrs.

Strouse who was unable to be present for the final day of trial yesterday. As soon as the sentence was imposed, the girls were led quickly from the courtroom. They will be confined here for 48 hours, then will be taken first to Trenton state prison and later will be transfered to the women's prison at Clinton. Athlete Will Be Witness In Friend's Trial (P) WIREPHOTOS UP)A blue-eyed Olympic woman athlete awaited her turn today to testify at the trial of her friend, strapping Mary O'Conner, accused of the Labor Day slaying of Nancy Glenn, five. Pretty Mrs.

Marie Phillips, 25, was one of the mainstays of the prosecution in preparing its case. At hearings shortly after Miss O'Connor was arrested and charged with the killing of the child, it was Mrs. Phillips who said: "She told me she was That admission, Mrs. Phillips said, came several days before Detective Capt. John T.

Murphy took the 19-year-old girl athlete into custody. The Olympic gymnast did not figure in the first two days of the proceedings. Under $500 bond as a material witness, she sat in the court room as an interested spectator. Detective Murphy was on the stand as court adjourned last night. He was permitted to testify concerning the questions he said he asked Miss O'Connor at the time of her arrest, but the court refused admit as evidence a written statement that Murphy claimed she made at that time." Murphy quoted Miss O'Connor as saying: "It was an accident." The detective testified further the girl athlete told him: "She got on my nerves and hit her." A crumpled piece of tin covered Nancy's body when found by her father, Joseph Glenn, and her 7-year-old brother, Joseph, on a secluded road.

The coroner reported in the child's lungs and stomach. water, Her face was immersed in the mud. Dr. William S. Wadsworth, coroner's physician, testified yesterday there were bruises on Nancy's legs and arms the throat under the Assistant District Attorney Charles C.

Gordon has asked the jury to convict Miss O'Connor of murder but said he would "leave the door open" for it to decide whether she should go to the electrie chair. Miss O'Connor pleaded innocent as the trial opened. Frisco Turns Tables; Asks London If It's Still There SAN FRANCISCO, Feb. with reverse English today when a reporter, weary at queries from London major disasters here, phoned the London had swept that city into the North sea. A few weeks ago when a gasoline storage tank burned in a remote part of the business district, the London papers phoned to find out about "streets running with flame." Last week when a gale blew down a few trees London papers phoned to ask if San Francisco would be rebuilt.

"Are you there?" asked the reporter. When the London editor replied he was, reporter asked, the "Well is London there He explained he had heard reports the storm had nudged the city into the E. North Sea. "Oh, no," replied the editor. "It isn't like that, at all." He put the reporter in touch with an assistant editor who could clear up the storm reports.

"It was rather a good storm," said the assistant. "At Norfolk the sea ran in five miles, but that happens fairly regularly-" "But what itself?" the San Franciscan persisted. "Isn't the city almost done in? Didn't your subway flood and drown thousands like rats "Oh, good gracious, no. You see "Didn't his majesty and the royal family have to flee Buckingham in a punt? Didn't London bridge fall down? Didn't" A little more than 10 hours after the first auto fatality of the month in Dayton was recorded Tuesday night, a second man was killed by an auto, raising the toll for the year to six. Both victims were pedestrians.

The first vietim was Tilden R. Tracy, 54, of 3315 Linden who was struck at the intersection of St. Charles and Linden av. by the auto of Leonard Lane, 3 33, of R. R.

8, Xenia pike. Traveling west on St. Charles Lane turned his auto left on Linden 88 Tracy crossed the street. Tracy suffered a skull fracture, compound fracture of both legs and fractured ribs. The second victim was an unidentified man about 55 years old, who was struck by an auto driven by Brit King, 61, of 453 S.

Kilmer at Keowee and Ottawa sta. at 6:48 a. m. Wednesday. The man was dead on arrival at the Miami Valley hospital, He was six feet in height and weighed about 200 pounds.

He had a fair complexion and sandy hair, partly gray. He wore oldfashioned felt boots, a brown sweater, a blue shirt and gray trousers. In his pockets were found an old yellow gold op watch and 35 cents. Tracy is survived by his widow, Eva, and three sons, William, Woodrow and Ceeil. He had been a resident of Dayton 27 years, and for the last 25 had been employed as bookkeeper at the American Express Co.

office. Tijuana Is Ruled By Martial Law TIJUANA, Feb. 16. (P) -Machine guns and martial law ruled Tijuana today after bloody rioting yesterday in which a mob of 800 men and women fought unsuccessfully to lynch the accused sex-slayer of an 8-year-old Mexican girl. At least a dozen persons were injured by bullets or trampled in the riot, headquarters and a temporary were burned by police, the mob and the federal building was damaged.

Unconfirmed reports said a child and two adults were slain in street fighting between the mob and soldiers, who fired into the crowd before order could be restored. A young Tijuana soldier, held as the attack-slayer of Olga Comacho, was the object of vengeance. Gen. Manuel Contreras, commander of the military zone here, said the man had confessed and was held at a secret spot. The girl, daughter of a bartender, disappeared Sunday night.

Her body was found next day in a garage and Medical Examiner Dr. Ralph Orsonio said she apparently had been criminally attacked after being killed by strangulation or a blow on the head. Business WAS virtually at standstill today as soldiers were posted on roofs of buildings commanding views of principal streets. Machine guns were mounted at strategic corners. All cafes, night clubs and saloons were closed.

Gen Contreras, who halt the mob by shouting "justice will be meted out to this prisoner!" was reported to have unsuccessfully requested President Lazaro Cardenas to turn the accused slayer over to citizens or execute him. Mexican law does not provide the death penalty for such a crime. REPORT KING GEORGE TO VISIT DOMINIONS LONDON, Feb. -The Daily Mail said today that King George planned to visit each of the British dominions within the next few years to "establish personal contact with his peoples." The paper said Canada probably would be the first on the king's itinerary. TILDEN R.

TRACY "Coincidence" On Bids Is Probed COLUMBUS, Feb. The senate committee trying to uncover evidence of graft in the state government probed today for an explanation of what its counsel termed a "remarkable coincidence." The "coincidence," as described by Counsel James Metzenbaum, rested in evidence that highway paving contractors last year received 32 state contracts on bids which were identical to the costa estimated by highway department engineers. Further, Metzenbaum- said, in numerous other instances groups of contractors submitted identical bids on projects. The 32 contracts, he asserted in comittee hearing, were awarded after only one firm bid on each project. All the contracts went to firms which were members of the Hot Mix Bituminous Paving Industry of Ohio, the committee was told.

C. W. Simpson of Columbus, executive secretary of the association, said he could give no explanation for the similarity of bids, but insisted that so far as he knew there was no collusion by the competing firms. The committee turned to other witnesses today and Metzenbaum said that Simpson would be called back later. Weather Delays Rescue Of Four MOSCOW, Feb.

-Bad weather in the neighborhood of the drifting ice floe camp of four stranded Russian scientists today delayed, attempts of airplanes to fly to the floe from nearby rescue ships. Thick Tee kept the ships -the icebreaker Murman 12 miles away and the icebreaker Taimyr, about the same distance--from reaching the floe. Planes from both ships flew over the area yesterday but failed to locate the camp because of poor visibility. Flurries of snow and all overcast sky along the Greenland coast, near the site of the rescue operations, were reported during the night. Circus Executive Is Injured By Gorilla Francisco reversed London morning newspaper (Examiner) newspapers about imaginary Daily Sketch to ask if a storm "Oh, I say, Are you pulling my leg "I wouldn't telephone 8000 miles," the San Franciscan declared, "to pull a chap's leg." To which the assistant replied with finality: "It wasn't any storm, at all." And hung up.

Trade Experts Sail LONDON, Feb. British trade experts sailed aboard the Queen Mary today to enter Washington negotiations for a new Anglo-American trade treaty, A. E. Overton, second secretary of the board of trade, headed the party. TODAY'S NEWS FEATURES Page Angelo Patri 16 Comics 20-21 News Sidelights 20 Editorials 12 Betty Fairfax 16 Financial 22 Hugh Johnson 13 Lemuel Parton 9 Radio 11 R.

R. Time 20 Serial Story 21 Society 17 Sports 18, 19, 27 Theaters 8 Washington Merry Go Round 13 Women's Pages 16 Wirephoto 24 SARASOTA, Feb. -Physicians took precautions today against possible infection of injuries inflicted upon John Ringling North, Circus executive, by huge gorilla, The gorilla, named "Gargantua the Great," bit North's arm yesterday as he was standing before the animal's cage. Anti-tetanus serum was administered after Richard Kroner, the animal's keeper, beat off the gorilla. Physicians explained the bites were dangerous because of the possibility of infection.

North is executive of the Ringling Brothers and Barnum and Bailey circus, which is in winter quarters here, carefree days when "Dunk" trapeze in McCormick's livery mourning intimates of columnist Oscar the opinion that a clock like punctuality that thee daily life of roverneds his death by several years. "He walked a little bit each day, that was part of his daily program, but I knew him to take no other exercise," reminisced Mrs. Kerns, who accompanied the McIntyres on their last trip to Los Angeles three years ago. Maddy and McIntyre, who beof 12 by publishing a one-page gan a newspaper career 'at the age paper here, went to school and CONTINUED ON PAGE 2, COLUMN 1 Talbott Smiling at the photographer and over the fact that one of her birthday gifts was a corsage, which she is holding, Miss Talbott posed for this picture just before luncheon Wednesday. She is in good health and her eyesight and hearing are both exceptional for a person of her years.

The Misses Talbott came to Dayton to reside over 20 years ago. They are sisters of the late John Talbott, who made his home the latter part of his life with his son and daughter-inlaw, the late Mr. and Mrs. H. E.

Talbott, at "Runnymede." Hitler Seen As Moving Toward Political Control Of Austria BY DEWITT MacKENZIE Associated Press Foreign Affairs Writer NEW YORK. Feb. inclusion of ministers sympathetic to Adolf Hitler new Austrian cabinet means that Der Fuehrer is moving again definitely towards political control of his small neighbor, and perhaps even union of the two countries. Europe had been anxiously pecting Hitler to reach again is to make the local nazis do the towards Austria as part of his work, supported by every ounce program of expansion eastward. of help that Berlin can provide short of official armed assistance.

Austria is in a most unhappy position. She can't stand up to The free city of Danzig was her powerful neighbor alone, and nazified in that way. This scheme Mussolini has withdrawn the pro- is now being worked intensively in tecting arm which he threw about Czechoslovakia another country her at the time of Chancellor Doll- which Germans admit freely they fuss' assassination in 1934-a covet. tragedy which many charged to The position in Austria might nazis. be very favorable to the nazis The fuehrer would appear to be were not it for the fact that working along lines similar to a corporate state in which parliathose used elsewhere.

The idea CONTINUED ON PAGE 4, COLUMN 4.