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LAST E AST COITION The Best Advertising Medium in the Yough Region. VOL. 37, NO. 113. The Weekly Courier, Founded July n, 1879. . Merged The Dally Courier. Founded November 10. 1902. j July 18. 3929. CONNELLSVILLB, PA., FRIDAY EVENING, TMARCH 2-1, 1939. TWENTY PAGES. AUBREY JURY DELIBERATES AFTER CHARGE Judge H. S. Dumbauld Cites Law During Morning Court Session. CASE COMES TO SUDDEN ENDING Special to The Courier. UNIONTOWN, Mar. 24.-- Into -the hands of eight women and four men at 11:45 o'clock this morning went Thormis R. Aubrcry, embezzlement of tax the fate of charged with monies while he was serving as county treasurer. Immediately after the jury had retired at 11:30 o'clock, defense counsel filed exceptions generally and specifically to the court's instruction -to the court's instruction to the jury. After the jurors had retired, it was recalled at the request of defense counsel for additional instruction relative to the court affirming certain points submitted by attorneys for the defense and which had been overlooked in the charge on the first occasion. The court affirmed these points, telling the jury the burden rested on the Commonwealth to prove that the defendant converted the money to his own use and further on the count charging the defendant with failure to pay over moneys to the county the burden of proof also rests on the Commonwealth. Six other points refused by the County Eliminations In Forensic League At Perry Tomorrow Fayette county music eliminations ] the events. of the Pennsylvania Forensic Mu- | Connellsvillo, CJniontown, Georges j sic League will be held tomorrow at'Township, German Township, Point Perryopolis with more than 1,0001 Marion, Masontown, Redstone Town- He'll Be Back in 4 Months high school boys and girls participating. Winners will become eligible for the Southwestern District tournament, competing against champions of Allegheny, Somerset, \Vcstmore- shjp, Brile Vernon, Brownsville and Perry Township have entered the various contests. The chedule of events follow: 9 A. M,--Small vocal groups, high school auditorium; instrumental solos, land, Washington, Greene and Denver [school study hall; vocal solos, Meth- counties when entries will be selected for the State finals at Norristown on April 28 and 29. While the music competition is scheduled for tomorrow, the forensic events will be held Saturday, April 1, at Perryopolis where resides County Director Earle E. Curtis who, incidentally, is principal oÂ£ Perry Township High School where most oC the competing will be conducted. The Perryopolis Methodist Episcopal Church has also been acquired for odist Episcopal Church. 10.30 A. M.--Large vocal groups, high school auditorium. 1 P. M.--L a r g e instrumental groups, ban ' and orchestras, high school auditorium. 2 p. M.--Small vocal groups, Methodist Episcopal Church. 3:30 P. M.--Instrumental ensembles, school study hall. 7:15 P. M.--Instrumental solos, violin and piano, high school auditorium. Water Power Study \ Kmetz Aid Fund Spurts Again; Now Totals $161 in Yough Basin Moves Along The definite projoct report for the proposed control of floods in the Youghiogheny River Watershed was transmitted to the division engineer of the United States Army in Cin- court were" nÂ£t"detaited"To~ the" jury, "nnati, Ohio, March 14, the weekly Two ol the main exceptions- filed by the defense were the statement made by the court "there is sufficient evidence to establish the guilt oÂ£ this defendant from the documentary evidence" . .. "little or nothing in the case depends upon the cerdibility of Mrs. Keirsted." Several members of the March grand jury who indicted Aubrey were in attendance. Spectators were not permitted to enter or leave the court during the court's charge. The jury received the case at 11:30 o'clock and 15 minutes later was recalled for additional instruction after the defense had made a motion to the court. Defense Counsel W. Brown Higbee delivered a forceful hour summation Thursday afternoon, striking at the "weaknesses" of the Commonwealth's case and pointing out that it rested almost entirely on the testimony of Mrs. Frances S. Keirsted "who has been convicted, sentenced and sent to jail for a $48,000 shortage which never has been explained." District Attorney James A. Reilly brought objections from the defense attorney when he made his address to the jury. The checks used by the Commonwealth as evidence were held by the prosecutor as being checks that failed to show up in the records pertaining to Mrs. Keirsted's 1934 tax duplicate. bulletin of the Pittsburgh district office of Army engineers in charge of Lieutenant Colonel W. E. R. Covell revealed today. Draft of the Youghiogheny River survey report for flood control is moving along as are water power studies in the river basin in connection with the survey report. Work is being continued on the benefit studies for the Youghiogheny Reservoir. Preliminary report on the foundation conditions at the Youghiogheny dam site was completed. Plane-table work was continued above Somerfield. The preparation of a report on the results obtained from the physical tests conducted on the rock samples from the dam site is now under way. Senate Committee Quickly Confirms William Douglas WASHINGTON, Mar. 24.--A Senate Judiciary sub-committee today quickly approved the nomination of William O. Douglas to b^ an associate justice of the Supreme Court. Letters Granted. GREENSBURG, Mar. 24.--Letters of administration on the estate of Catherine '.. Snyder, late of Scottdale, were granted to H. L. Snyder. The estate is valued at $425. Just Off the Wire WASHINGTON, Mar. 24.--Secretary of Labor Frances Perkins said today she has assigned a "trusted man" to investigate United Mine Workers union charges that Appalachian bituminous producers Blan to lock out 338,000 eastern miners April 1. Brush Fires Keep S. Conneilsville Department Busy Field and brush fires have been keeping the South Conneilsville Volunteer Fire Department busy the past couple of days and through their promptness, damage resulting Â£rom these blazes has been practically nil. Thursday a forest fire started in McCoy Hollow near Meadowbrook Farm and was quickly brought under control by the South Conneilsville fighters. This morning they were called to McCormick avenue near the end oÂ£ the street car line when flames threatened the home of Mrs. I/aura Tressier, A dog house on the property was partly burned. Again at 1:40 o'clock this afternoon they extinguished a brush fire at Reid- more. The firemen make it a point to answer all alarms in Conneilsville township as well as in the borough. The Paul Kmetz fund was swelled overnight with the receipt of $18.35 in cash to raise the figure to $161.50 as persons continued to contribute to the assistance of the stricken Brookvale family which lost two children as well as all its earthly possessions in a recent fire. The money received in voluntary donations will be turned over to the parents, who will rehabilitate themselves after a horrifying tragedy. An offering, received from residents of the Reidmore district, amounted to S5.35. The fund shows: Previously reported, ?H3.15. A. I. Daniels, 55. Mr. and Mrs. J. H. Tissue, $2. Miss Margaret Irwin, SI. Alpha Chapter, Phalanx Fraternity, $5. Mrs. George Clark's group of ReicJ- more, S5.35. Total to date, $161.50. In the Reidmore collection were these: Mrs. Nora Sage Mrs. Julia Darby Mrs. Thelma Martin Mrs. Scott Burdette Isaac Mulnix ,, ... . ,,_ Mrs. Leroy Ritenour Mrs. Edith Miller Mrs. Caranza Martucci A. K. Wiltrout Mrs. Margaret Clark Mrs. Gertrude Kephart Mrs. Henry Mulnix Mrs. Carlton Hitenour Mrs. Atkins - - _ George Clark, Jr _ Mrs. George Clark _ /. Richard "Dixie" Davis (center) leaves Supreme Court In New York after he was granted clemency for aiding the state in prosecution of Jimmy Hines. The Rtar witness against the Tammany leader was given me year in jaiL But hell be free in July, as his daya in the Tombs are considered part of term. ..$ .25 _ .50 _ .10 _ ,10 - .25 - .15 ,, .25 _ .15 - .25 _ .25 _ 1.00 _ 2.5 - .10 _ .50 .. .25 ... 1.00 Named Road Supervisor. TJNIONTOWN, Mar. 24.--Adam M. P. Jacobs was appointed road suiÂ»?rvisor in Luzerne towr.ship in an order handed down by Judge W. Russell Carr, succeeding John Kuhn, resigned. Auto Injuries Fatal. SOMERSET, Mar. 24.--Injuries sustained March 8 when he was struck by an automobile caused the death Tuesday night oÂ£ Henri Serre, 76, of Dunlo, at Windber Hospital. A brain hemorrhage was blamed. Convicted of Theft. UNIONTOWN, Mar. 24.--Charged with larceny of copper wire, Earl Barks of Rosedale' was found guilty in a verdict returned to Judge W. S. Can-. SIX MEN DIE IN 45 MINUTES IN SOUTH CAROLINA ELECTRIC CHAIR By United Press, COLUMBIA, S, C., Mar. 24,--Six' men died in South Carolina's electric chair today within 45 minutes. They were executed for the murder of J. Olin Sanders, guard captain, during an attempted break from the state prison in December, 1937. Those to whom the state refused to "show mercy because they showed no mercy" in killing Sanders were: J. V. Bair, 28, Sumter, S. C.; Clayton Crans, 29, Rochester, N. Y.; William H. Gentry, 25, Summerville, Ga.; Herbert Moorman, 42, Detroit, Mich Â· Roy Suttles, 29, Simpsonville, S. C.; George Wingard, 23, Lexington county, S. C. Prison officials led the men to the chair one by one--in the order they had entered Captain Sander's office they attempted to force their way out of the penitentiary 16 months ago. The electric chair faced Sanders' old office. Wingard was the first to enter, He was smoking a cigaret and looked around the room. "I've made my peace with God' 1 he told the 40 witnesses, who included two ot Sanders' sons. He was pronounced dead at 6:36 A. M. When the door opened for Gentry to walk into the death chamber the four remaining called "Goodbye Bill." From the death house came the strains a' the hymn, "Till We Meet With God." Gentry said his five companions in the abortive break were innocent and that he stabbed Sanders. He told the guards who strapped him to the chair, "Don't choke me, men." Suttles said he wanted the people of Greenville. S. C., to know that he did not shoot Sherman C. Kelly in Legion to Plan Memorial Day Observance Connellsville's 1939 Memorial Day arrangements will be headed by Milton L. Bishop Post of the American Legion. For years the honor of sponsoring the preparations has rotated among the T egionnaires, Veterans of Foreign Wars and United Spanish War Veterans but last year Colonel Crawford Camp, United Spanish War Veterans, to take over its sponsorship. This year ic will be the turn of Milton L. Bishop, Some time in April, committees from the organizations will gather and make arrangements for the annual Memorial Day parade. French Encouraged By Franco's Pledge Of Collaboration By United Press. BURGOS, Mar. 24.-- A pledge of "loyal collaboration" toward friendship between Nationalist Spain and France was given Marshal Henri Philippe Petain, new Fronch ambassador, today by General Francisco Franco. Friendship between nations is not a capricious thing to be dictated without faithful reflection and reci- Â·procal esteem created through th years," Franco said, as Petain wa given high honors when he presentee his credentials. 'oland Hoi Likely To Participate In "Stop Hitler" Move THE SITUATION IN EUROPE By Uni.cd Press. London--Britain and France reported conferring with Russia and 'oland on a four-power "stop Hitler" drive backed by a definite military alliance. Berlin--Nazis hail new Rumanian rade pact as a definite defeat for 3ritain's anti-Hitler campaign. Bucharest--Rumanians b r e a t h e easier, believing agreement with Germany has averted danger of war on Bratislava--Slovaks mass n e a r Dorder to repel any further Hun- ;arian advance into Slovakia. Budapest--Hungarians minimize Importance of border fighting. Rome--Newspapers report republican Spain is negotiating for outright surrender, perhaps tomorrow. Notion Holds No High Estimate of Words and Declarations, Spokesman Says. WANT MILITARY GUARANTEES Austria Denies Schuschnigg Has Been Released By United Press. VIENNA, Mar. 24.--A spokesman for Joseph Buerckel, Nazi leader of Austria, denied today that former Chancellor Kurt Schuschnigg had been released from protective cus- today, as friends of Schuschnigg reported yesterday. The source added, however, that it was probable Schuschnigg would be released shortly. By United Press. WARSAW, Mar. 24.--Authoritative political sources declared today that Poland would decline to participate in the British-sponsored "stop Hitler" front. Official announcement in regard tc Poland's attitude was delayed but well-informed sources left little question as to the decision of the Warsaw government on replying to Britain's proposal for a united front against aggression. Britain, France and Soviet Russia already had agreed on the declaration but it was uncertain whether they would go ahead without Polish participation. An authoritative explanation ol the Polish position was that this government is "fundamentally opposed to creation of political bloods." "In Poland we do not have a very high estimate of words, declarations and announcements," a foreign office spokesman said in reference to Poland's demand that Britain, France and Russia give strong military guarantees if they want Polish participation. (Editor's N'otc: -- The remarks were considered significant because of French concern regarding the future cooperation -of Franco Spain with Italy and Germany.) City's Hospitality Being Tested; Forty More Hosts Necessary Lockard Dies Monday For Spike Slaying HARRISBURG, Mar. 24. -- The Pardon Board again refused to intervene to save the life of Soy Lockard, sentenced to die for the "railroad spike" slaying of three-year-old Matthew Karmendi at Altoona, Attorney General Claude T. Heno announced. Barring a 17th last mir.ute reprieve by a Pennsylvania Governor, Lockard, who 16 times has been spared for further study of his case, will die Monday. Following him to the electric chair at Hockview Penitentiary will be Ernest M. Hippie, 22-year-old Sullivan county mountaineer, unless he too is saved for an opportunity to make a further appeal by order of Governor Arthur H. James, Attorney General Reno disclosed the board also had refuseo" to grant his plea for mercy. The clemency appeals for each of the two men scheduled to wclk the "last mile" within a few minutes of each other were based on the contention neither was responsible mentally for his crime. Conneilsville is to be hostess city next Thursday, Friday and Saturday to nearly 250 student musicians-the best bandsmen in Western Pennsylvania High schools coming for the All-Western Band Festival. BUT--unless more public-spirited citizens quickly find an extra bed or two in which to house the young guests, the community's reputation for hospitality may suffer to a considerable degree. Forty more homes in which the young men and women may be housed are necessary and an appeal was made today by Miss Ruth Ser.sboch, dean of girls of Conneils- ville High School, for a quick response. The festival, a much-sought-after annual event, is making its first visit to this city. It was secured through the efforts of Bandmaster Richard Gingrich and is a compliment to the city and Its fine school band. Miss Scnsbach says the student visitors are aware they must "double up" in sleeping quarters and that one bed will take care ol two bandsmen. Requirements for the "hosts" would be beds for Thursday and Friday nights and breakfast Friday and Saturday mornings. It is imperative that Conneilsville respond to its High School's appeal for 40 more beds. Those families willing to contribute something toward the enjoyment of the festival period by the visiting students are asked to immediately contact Miss Scnsbach by calling telephone No. 220. Man Sought in Death Ot Nurse Arrested CHICAGO, Mar. 24.--Vernon E. Oldoker, 43, Mineola, K. Y., was to be returned to New York today in connection with the holdup murder March 5 of Miss Louise McKee, 57, Mineola nurse. Four Nassau county, N. Y,, policemen who traced Oldkaer to Chicago through a letter to his wife seized him in a hotel lobby. Miss McKee was robbed and beaten to death. Atlantic Flight Delayed; No Clearance Papers By United Press. BALTIMORE, Md., Mar. 24.-Failure to receive landing clearance from Portugal and France today delayed a take-off of Pan-American Airways gian Yankee Clipper on an initial trans-Atlantic flight to Europe. Officials said the clipper may take off some time tomorrow if the clearance arrives. The clipper will carry 20 persons on the initial test-crossing which will be the forerunner of regular trans-Atlantic passenger service to be inaugurated soon. The route to be followed on the shakedown cruise will be: Baltimore to the Azores, 2,448 miles; the Azores to Lisbon, Portugal, 1,057 miles; Lisbon to Marseilles, via the Bay of Biscay, 1,055 miles; Marseilles to Southampton, 611 miles, and Southampton to Foyncs, Ireland, 305 miles. The return flight will be over the same route, with a possible stop at Bermuda. Flight and operations officers of the big ship will inspect base facilities', radio communications and weather reporting facilities and give airport personnel experience in handling the huge 41-ton flying boats. The clipper will be commanded by Captain Harold M. Gray, veteran trans-oceanic flier, and operated by crew of 11 men. Passengers will include five Government observers and representatives of Pan-American Ailways, Wright Aircraft Corporation and the Boeing Airplane Company. Hungarians Retire From Slovakia By United Press. BRATISLAVA, Slovakia, Mar. 24 --Military dispatches today reported Hungarian trocps had abandoned plans for a new attack on Slovakian forces and were beginning to retire from Slovak soil. 19J5. He asked "Sanders' ' loved Continued on Page Six. Hospital Patients. Mrs. J?nnie Franks ol Juniata and Mrs. Louise Davis of East Green street have been admitted to Con- neilsville State Hospital for treatment. The Weather Increasing cloudiness and warmer tonight; Saturday cloudy with mild temperature; showers beginning Saturday afternoon or night is the noon weather forecast for Western Pennsylvania. Temperature Record. 1939 1038 Maximum 73 82 Minimum ,, _ 41 43 Mean 57 63 Contributed to Own Deaths, Jury Finds Special to The Courier. UNIONTOWN, Mar. 24-- That they contributed to their own deaths was the opinion of a coroner's jury that Thursday investigated the motor deaths of Charles T. Bell, 34, and Raymond Benford, 49, both of Dunbar. The two were killed at 11:45 P. M. March 2 when their car crashed into a boulder at the foot of Furnace Hill, Dunbar. Another occupant of the auto, Charles Miller, 30, of Dunbar escaped serious injuries. Bell, operator of the car, failed to make a sharp curve. The three occupants were pinned under the machine. All were WPA workers. LAST CHANCE TO BALLOT ON DAYLIGHT SAVING The final ballot for voting daylight saving preference appears in The Courier today. You will find it on Page Two. Ballots must be returned to your newspaper by noon Monday. Lottery Charged After Thrilling Chase by Police Special to The Courier. UNIONTOWN, Mar. 24.--Benjamin Rueben, 22, of Uniolltown, was arrested by State Motor Policeman H. M. Jaynes after n sensational motor chase on Route 119 near the Dunbar road intersection Thursday afternoon on a lottery charge. Arraigned before Alderman George B. Smith, he was held for action of the grand jury. The trooper told the alderman he was patrolling Route 119 and drove his car behind that operated by Rueben. The motorist, he said, began to toss small packages from the automobile to the side of the road as he gave c' Boy Struck by Auto. Joseph Dixon, 11, of 409 East Gibson avenue, suffered abrasions of the left hand T'mrsday evening when he reportedly ran across the street while at play into the path of an automobile, said to have been driven by Mrs. Thelma Weimer. The boy was treated at the Hospital. Nazis Hail flew Treaty as Defeat For Great Britain BERLIN, Mar. 24.--Nazis hailed the new' German-Rumanian treaty as a major defeat for Great Britain's "stop Hitler" drive today and said Germany would continue its economic campaign in southeastern Europe despite all opposition. Inspired opinion of the German- Rumanian pact was epitomized in an article in the semi-official Deutsche Handelsdienst: "The treaty nullifies all attempts by other countries which want to strengthen relations with Rumania for political purposes without a sound basis. "Germany pursues her goal of ever closer economic collaboration for the beneSt of German industry, undisturbed by political machinations--collaboration which can only be useful to those participating and does not give those not participating, not even Great Britain, cause to interfere with this economic constructive work, which is not directed against her." As BerHners waited eagerly to welcome Adolf Hitler back from Memel, he issued a decree incorporating Memelland into Germany proper. The decree prescribed: Article 1--"Memel is reincorporated into the German Reich." Article 2,--Memel is incorporated in the province of East Prussia, district of Gumbinnen. Article 3--Residents of Memel who lost German citizenship in. 1924 (aftei Memel was handed over to Lithuania) are restored to citizenship pro* vided they had residence in Memel March 22, 1939. Article 4--All Reich laws are valid in Memel starting May 1. Article 5--All Prussian laws are valid in Memel starting May 1. Article 6--"Commissars for rein- corporation of Memel into the Reich shall be Erik Koch, (Nazi) leader for East Prussia, as president, and (Ernst Neumann), the leader of Memel Germans, as his'deputy. The ministry of- interior is the central point for ell questions dealing with the reincor- poration." This decree followed by a few hours the signature of the Rumanian-German treaty at Bucharest and an agreement here on details of the new Nazi protectorate over Slovakia. READY TO USE NATIONAL GUARD TO KILL WYOMING'S "TARZAN' By united Press. - | mortars, gas guns, and other equip- CODY, Wyo., Mar. 24--Three hun- ment of the Wyoming National dred men mobilized by two states i Guard. The full resources of the climbed a towering peak in Bear- tooth Mountain at dawn today seeking battle with Earl Dur'and, 26, a "Tarzan" who eats raw meat, shoots with deadly accuiacy with either rifle or bow and arrow, and has killed four men within a week. Governor Kels Smith said he was ready on a moment's police to declare a state of martial law in Park county and dispatch troops if Durand is cornered. All idea of taking him aiaserThe'officerl'aidhe picked | alive seemed to have vanished from up the packages and found between 600 and 1,000 numbers slips which, it was charged, represented the day's pickup torn numbers writings. official minds; they wanted only to kill him. The mountain climbers were equipped with howitzers, trench military were available and National Guard officers were directing them. The officers believed that Durand was desperately weak from hunger, but there was nq guarantee that he had not captured some small mountain animal -and eaten it raw. Bearded, expert tracker and hunts-man, he was too canny to light a fire Â· which would provide smoke to guide- 'the posse to his lair. The volunteer civilian climbers' were augmented by detachments from the Wyoming and Montana National Guard. They were technicians in the use of howitzers and trench Continued or. Page Six.