The Courier News from Blytheville, Arkansas on March 9, 1950 · Page 6
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The Courier News from Blytheville, Arkansas · Page 6

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Blytheville, Arkansas
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Thursday, March 9, 1950
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Page 6
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PAGE SIX BLITHEV1LLJB (ARK.y COUHTER ITEWS THURSDAY, MARCH », Sander Case May Reach Jury Today Judge Instructs Jurors,in Trial Of Mercy Killing . MANCHESTER, N.H., March 9. VP) —Defense counsel in the Dr. Herman N. Sander murder case told the Jurors today they will be asked to decide among four possible verdicts. "After you have completed your deliberations you will return here and you will orally state your findings on first degree murder with capital punishment; first degree murder; second degree murder, or hot guilty," said Louis E. Wyman in summation. He prefaced this statement with the remark that "the court will tell you there are four possible verdicts." Wymnn omitted any reference to manslaughter. This was taken by court observers to Indicate Judge Harold E. Wescott would rule such a verdict out In his charge to the Jury, Wyman completed his summation In ah hour and a quarter. .- "The state will not ask you for capital punishment, I'm sure," Wyman said. "This Is not that kind of a case." Death Not Asked The prosecutors already have said they would not seek the supreme penalty, which would be death by .hanging. '- After telling the 5"ry he did not believe the state would ask for capital punishment, Wyman continued: "The other two degrees of murder involve, first, premeditation with malice; second, a malicious killing without premeditation. So we submit to you In this case that there is no premeditation, that there : 1s no_ malice which Involves a bad heart, a wicked motive." It appeared certain that before the day was out the 13-man jury would start deliberating the fate of Dr. Sander, charged with the "mercy murder" of a dying cancer patient. He Is accused of making fatal sir Injections In her arm. Wyman, a veteran of nearly a half-century before the bar, is try. ing his first murder case—one that 'has attracted world-wide attention. "You will not take 'from any statements what Is not supported by evidence," Wyman went on. Wyman told .the Jury "the biir- den of proof of the essential ele- rnents is upon' the state." "There Is a presumption that a man charged with the commission of & crime Is innocent until the state has proved beyond any reasonable doubt that the man Is guilty," he said. Case Differs from Civil Suit "It is not the same as In^a civil ease. The proof here must go beyond the reasonable, . ' "It Is not, for; us of the defense to prove to you .that Mrs. Borrotq (Mrs. Abble O. Borroto, 59) was dead at the time when Mr. Sander did whatever he Is charged with doing. "It Is not for us to prove that whatever he is charged with doing did not operate to cause her death. "It is for the state to prove beyond a reasonable doubt that the woman was living, and that whatever he (Dr. Sander) was doing caused the death of a living person and that It was done with malice aforethought." ' The veteran defense lawyer spoke .calmly In a strong voice. . "Now," he said, "those are the : legal Issues which you have to con- •sider and solve, and we are saying to you that upon all the evidence •we suggest that a verdict of not guilty Is required because of all the > evidence." .. Wyman told the jury that the evidence .was ."overwhelming" that . Dr.: Sander Is innocent. .. Wymsn said "there was no malice and at least there Is reasonable doubt.", . Doors to the small courtroom were ordered locked by Judge Harold E. Wesratt. Only one .reporter chosen by the newsmen covering the trial was granted permission to leave mid-way through Wyman's summation to report his remarks to nil the press. Otherwise, no one wns permitted to enter or leave the courtroom until Wyinan finished. SOMETHING NEW HAS HKKN ADDKD—Nine-month-bld Mark'Nel- son of AGnneapolis, Minn., never was too quiet when his dad gave him a haircut. He did not like the comb. Now the father Harris, uses the vacuum cleaner hose to hold the hair. He says this method has helped to make the chore easier. But young Mark appears none too happy. (AP Wirephoto) City Loses Meter Battle in Camden CAMDEN, Ark., March 9. (/p>_A Camden businessman has won a court fight to fake parking melcrs from in front of his own properly Chancellor W. A. Speer yesterday granted H. M. Berg an order directing Camden city officials to remove the meters from in front of Berg's property. The chancellor niled against Berg on his complaint that the ordinance authorizing meters was illegal. Missco is in Sixth Place in 8-County Blood Tests for Venereal Diseases A total of 14,875 persons in eight counties, Including South Mississippi County, iiavc participated in the free blood testing campaign which started Jan. 1 under tlie sponsorship of the State HeaUh Department: Charles Cannon, venereal disease investigator for Mississippi County, said that according to figures re- easeil this county is sixth place In the number of tests, with 4.3 per cent of tests resulting !ri positive reactions. Figures through Feb. 25 Indicate ihat the tests in the following counties have been made: Jefferson bounty, Pine Bluff. 4,207; St. Francis county, Forrest city, 3.088; Lon- pke County, Lonoke, 1,926; Mllller County, Tcxarkana. 1,340; Crittenden county, Marion, f 1,053, Mississippi County, Osceola. 1,831; Clarenden County 1305; Phillips County, Helena, 1,159. •...'• . Other counties are^expected to foe added to the program'!when personnel Is available, health officials at the State Health Department indicated. Percentage of potentially Infected persons has been reduced from over 12 per cent average in 1948 to a rate of 5.7 per cent average under the present program. Mr. Cannon pointed out, however, that- this smaller figure is double the national average. Per cent of positive tests in the counties now undergoing testing campaigns follows: Jefferson, 80 per cent; St. Francis. 6.9 per cent; Ixmoke, 5.8. Mississippi, 43; Phillip,?, 3.3; Critfenden, 2.9; Miller, 23. Most of the counties have less than 2,000 tests so figures are. only an indication that the trend toward eradicating syphilis is more successful now than In the past, Mr. Cannon said. 3ank Robbers Get $63,933 n New York NEW YORK, March 9. (/T)--PIve iank robbers forced employes of tho Sunnyside, Queens, branch uf the Manufacturers Trust Co., into the asement today and escaped with 503.933. The robbery was one of the most thoroughly planned that Queens licc have encountered In years. As Jamos Weston, bank recep- lonist, inserted his key In the look o enter, a robber shoved a pistol gainst his back, warned him to re- naln quiet. The robber followed Veston into the building. In n mater of seconds lie was joined by wo fellow robbers. The three chained Weston to a udiator In the vestibule, aud in- tructed him to let the batik em- iloycs in as they arrived and not o give any warning. As each of the 15 employes :ir- ived, the robbers forced tho-n to ake their regular places as though hey were working and not to make .n outcry. It required approximately one lour and 20 minutes from the time he robbers arrived until the last mployc arrived. The branch opens or business at 10 a.m.. and Its vault imc clock is set for 9:30 a.m. The robbers, leaving two of their roup of five on tiie outside as look- uts, then forced Theodore D. Sands, ssistant manager, and a teller to pen the vault. They scooped tip three containers if money from the safe, placed hem in a bag and herded all the employes to the basement. The auk staff was ordered to remain here for 10 minutes and not to nake an outcry. During the proceedings, curried >n like clockwork, not a shot whs ired nor anyone Injured. Von Burcn Lawyer Dies at Hospital FORT SMITH, Ark., March 9. (AP)—David S. Partain, 5 1 ?. Van Buren lawyer, died at a hospital here yesterday. He wns a former Demorcatic national conunitteemnn from Arkansas, a former prosecuting attorney for Crawford, Franklin and Logan counties and a former state senator. Funeral services were to be held in Van Buren this afternoon. House Approves Damage Bill for Rice Growers WASHINGTON, March 9. (AP) — The House has passed and sent to the Senate a bill to pay about tS,- 500 to three Arkansas rice growers for damage to their crops in 1B44. The bill provides for these payments: . J. H. Holden ol Newoprt. $1,472.41; R. C. Biggadike of Newport, 51,472.41: John Hoffman of Brinklcy. $2,944,80. The three contended their rice fields were damaged-during a (;ov- ernment..program to control malaria in the^Cttllty of a prisoner-ol-war camp acFHarrisburg. i. F. Weinmann Dies LITTLE ROCK, March 9. (AP) — John Francis Weinman, 72, president of the J. p. Weinman Milling Company here, died at a Little Rock hospital last night. Obituaries Foster Infant Dies . , Services for Sylvlnn Evelyn Dos- or, 10-months-old daughter of Mr. nrt .Mrs. Lnvcrnc Doster of Dyess. •ere conducted nt, 2 p.m. today at Jobb Funeral Home chapel by the lev. Frank Anders, Baptist minis- er of Reiser, Burial was In Dogwood Ridge Cemetery. The infant, an only child, led at 1 p.m. yesterday nt the a rents' home after an illness of ,hree weeks. Jonesboro Jail Breakers Fined JONSEBORO, March 9. Five men charged with attempting to break out ol Jail here have been fined $1,200 each and sentenced to two years In Jail. A 19-year-old girl, Alice Reece of Nettieton, was convicted at attempting to aid them and fined a total of 5600 and sentenced to 18 months. The five are: Leroy Cook, O. V. Hampton, Lonnle Surratt, Wlllard Weal and Fred Bachelor. nicy and a. sixth, Ralph Hastle, were accused of attempting to overpower Jailer Everett Penlx Tuesday. Clarke. Hastle wns not tried as imjiosed by Municipal Judge Foster The fines and Jail sentences -were he is n federal prisoner. Bail Is'Sought § * /•* in Confemot Of Court Case 6T. U OUI3, March 9. (/p) — An attorney for Mrs. Blanche M. Howard claimed today her rlRht of freedom of speech was violated when a federal judge held her In. civil con- lempt and ordered her jailed at Kni.sns City Feb. 14. - The contemn) citation by District Judge Richard M. Di'ncan grew out of a federal Grand Jury Investigation of prime in Kansas City. Mr.s. Howard. 43. a Jackson County employe, appealed the order yes- toutay to the U.S. Court of Appeals hero. The anpeal case probably will be argued before the court here In May. Her attorney nsked the appelatr- court today to permit her to make oail pending the appeal. The motion was tnken under advisement aficr a hearing lasting an hour and a half. Judge Duncan ordered Mrs. Howard held until she agrees to appear before the grand jury "and truthfully let! where or from whom.she acquired $17,000 or $18,000 which she falsely testified. . . she had received from Jack Gregory." Ira McLanghlln of Kansas City, Mrs. Howard's attorney, argued today that Judge Duncan's contempt judgment was Illegal. "This Judgment was a coercive act," he sairt. The attorney asserted siich a judgment could be used to force a witness lo appear before a grand Jury to testify but not "to testify In a certain way." Cancer Fund Granted WASHINGTON, March 9. (AP) — The National Cancer Institute has given a grant of $12,000 to the University of Arkansas School of Medicine, Little Rock, to continue a project in cancer control research. Lawyers Plan Move to Save Rape-Slayer ' ', — ncieru oicans, which carried the finl Kentucky bourbon from farm cabins, have given way to modern transportation — but — (he method of making ihh genuine, old-time. wJiUky remains unchanged. Nothing new has been added ALL KENTUCKY STRAIGHT BOURBON WHISKEY 9 0 PROOF STYLE SOUH MASH LOUISVILLE. KENTUCKY ANHYDROU J'raclors Available for Custom Application CALL It's just like m;iKic! Withoul liflinR a finder . . . your wnsli day results are better than ever! Sparkling clean! Almost like new! That's how your laundry looks when we return il to you I And al a minimum of cost. We call nnd deliver al your convcniencel BLYTHEVILLE LAUNDRY-CLEANERS Phono 4418 LITTLE ROCK, March 9. A move which delayed the execution of a condemned man 15 years ago may be used to prolong tlie life of Thomas B, Black. Black, 29-year-old Little Rock mechanic, Is scheduled to die In the Arkansas electric chair early tomorrow for the rape-slaying ol nurse Betty Jane AlcCall near here Sept. 23, 1948. But, his attorneys may ask a . f rd- eral court to stay his execution if the Arkansas Supreme Court declines to do so. This became apparent today when they obtained records of the noted Mark 8hank case. ' Shank's death in the electric chair was postponed by a federal court In 1035 just a few hours before his scheduled electrocution. Two separate legal actions to savo Black's life now arc before the Arkansas Supreme Court. Eiowevcr, If the supreme court does not stay the execution, Black is scheduled to die before they can be tafcen up by the court. With this in mind. Blacks attorneys- are preparing to ask the federal court for n \vrit of habens corpus, charging that Black's rights under the 14th. Amendment lo the United Stntes Constitution will be denied. Apparently they w'll base this move 011 an attempt to obtain a sanity hearing for the condemned man. Little Rock Woman Wins Slogan Contest LITTLE ROCK, March 0. (iPl— Mrs. \V. C. Green, Little Rock, today received a' $1,000 check for a slogan she entered in the Jimmy Fiddler National Kids Day Foundation Contest. Mrs. Green said she sent off ton slogans recently, all written in about an. hour's time. Fiddler fs a newspaper and radio movie columnist. FIRE Continued from f*t* 1 Miller. 27, of Stockton, Calif., was In the guardhouse office—at the opposite end of the building from the flaming stove—when the fire was discovered. The other, Pvt. Wilbur Henry, 22, of South Zanesvflle, O., was walking back to the office midway along the corridor. He had passed [he stove five minutes earlier. Two Are Overcome Both were overcome by smoke, but attendants said they probably would be able to leave the hospital today or tomorrow. The provost marshal, Lt. Col. Ralph Tolve, and post police and prison officer Lt. Stephen H. Perry, and four unidentified civilian firemen also were overcome by smoke. Sandla Is a field Installation ol the armed forces special weapons project. It works closely with Los Alamos atomic Installation, 660 miles to the north, and nearby Klrtliinrl Field, the air force's special weapons command. The sprawling 26,880-acre reser- vation on the eastern Albuquerqu* limits and Just under the shadow of the Sandia mountains, was bom a secret installation during the war, It has mushroomed In size and Importance In recent years. Sandla officials called an Immediate official probe of the blaze. Acting commanding officer Col. Kenner f. Hertford took personal charge of rescue and flrefightlng operations. All ambulances on the base wera pressed into service. A «-by-6 truck was used to carry some of the victims. Sandla officials emphasized th« prison Is sway Irom any restricted or secret area. They termedfaio fire a "purely administrative JHft- ter." Arkansas Senators Okay Margarine Bill WASHINGTON, March 8. (IP)— Senators Fulbrlght and McClellan of Arkansas were members of the Senate majority which yesterday passed and sent to the President a compromise measure repealing federal oleomargarine taxes. Arkansas Buys New Highway Equipment LITTLE ROCK, March 9. (AP)— The Arkansas Highway commission today purchased 38 pieces of heavy highway construction equipment at a cost of $292,527. The equipment was purchased on the basis of bids received last Friday. $&\vaoo gy FELIX CARt/e "There are two iypes of fishermen." says Hannah; "those who fish for sport and rhoie *ho catch something]" POR wee esr/Af/fres And there are two types of radios: tlie kind that works fine . . . . has clear, sharp reception, atiti the kind that fades out and Is filled with static. If yours is the second type Just brinj H (o Bly- llievlllc Sales Co. and le( our experienced repairmen fix i( up right for you ... at very moderate cost. RADIO SALES AND Sfffy/Cf I NEVILLE SALES €0. , ©{ [WOKf FARMERS TRUCKSRS CAR-OWNERS! SAVE NOWI i : 60c* ° 0c " on '" 5 5-gaibn ontwo 30-gallon drums. Save do/br» at this low price. No deposit—drum it youril £3c* a 9 a " orl '" 30-galton drum. Regularly 81c a gallon. Buy now—pay loler. Get immediate or future delivery. 4.08* Eoch flv «-a oll ° n c °" in Iotj of tflree> fegu'orty priced at 4.59 each. 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