Abilene Reporter-News from Abilene, Texas • Page 3

Saturday Morning, December 1,1934. THE ABILENE MORNING NEWS PAGE THREE GOOGHCASE WILL REACH JURY TODAY Abilene Man Charged In Death Clyde Woman, Following Crash Here i Testimony in the trial of Loyce former Abilene automobile salesman, will be completed with presentation of one defense witness, in 104th district court here this morning. Gooch is charged with murder and driving while intoxicated in connection with the death of Mrs. L. T.

Bagwell of Clyde, which occurred several days after a collision in which she was injured hare October 19,1933. State rebuttal testimony was heard late yesterday, after defense attorneys had been granted permission to present testimony this morning of one additional witness, who was not available Friday. Trial of the case opened yesterday morning- Conflicting testimony as to Gooch's condition at the time of the collision, on South llth street, was presented and controversy also centered on the cause of Mrs. Bagwell's death. Martin N.

Koonsman, a former member of the state highway patrol, and W. B. Poston, of the local po- lice force, testified Gooch was toxicated at the time of the crash. Koonsman, now an agent of the national automobile theft bureau, said he took Gooch in custody at a filling station near the scene of the accident. Physician Testifies Defense counsel presented a string of witnesses, including a physician, who said Gooch was not intoxicated.

Dr. Grady Shy ties, who testified Gooch was brought to his office by O. Erwin, said he found no indication that the defendant was intoxicated. The doctor, said he examined Gooch's heart, chest, throat and took his blood pressure. Erwin testified he took Gooch to the physician approximately 30 minutes after the accident.

Fifteen minutes prior to the collision, Erwin said, he drank a cup of coffee with Gooch at a downtown restaurant and then rode with him to the Abilene Motor company, where Gooch was employed at the time. Erwin stopped at the company store, of which he is an official, and Gooch went to call on a prospective buyer of a used car, the witness said. He testified that Gooch was not intoxicated, in any degree, either before or after the accident. Dr. W.

V. Ramsey, physician who attended. Mrs. Bagwell, said in his optatenr her death, resulted from an embolism, which was explained as a blood clot on the brain. He said the condition probably resulted from a fracture of the leg, which Mrs.

Bagwell received in the accident. Instructed Verdict Asked Contending that the evidence was LITTLE GLORIA GOES TO CHURCH Little Gloria concerning whose custody court proceed, ings were conducted for weeks, is shown leaving St. Joseph's Catholic church in Garden City. N. which she to attend by order of the supreme court of New York.

She was escorted by a private detective and her aunt, Mrs. Harry Payne Whitney (right). (Associated Press Photo) Booklet Contest to Bring Awards to City and Rural School Students not sufficient to prove that death resulted from an embolism, or that the condition resulted from the injury, if there was an embolism, Dallas Scarborough of defense counsel presented a motion for an instructed verdict of acquittal, which Judge W. R. Chapman overruled.

The car driven by Gooch skidded sit intervals for 60 steps on South Eleventh street and then swerved into a car which Mrs. Bagwell was entering, parked five feet from the paving in front of a grocery store. Testimony that the brakes of the car used by the defendant were faulty was given by Gentry Carson, a mechanic for the Abilene Motor company, and also by Erwin. Both said the brakes were not equalized, making rontrol of the car difficult. Jurors are J.

D. Akin, Ray Thornton, E. V. Smith, Sterling Parker, M. M.

Thomasson, C. O. Delano, H. H. Wilson, M.

N. Oldham. Abilene; D. M. Flcyd, Merkel; C.

E. Belvln, Tye; c. W. Robinson, Irvic Talley, Wingatc. District Attorney W.

j. Cunningham is conducting the prosecution and the defendant is represented by Thousands of Women Benefited By Cardui The benefits many women obtain, from Cardui give them great confidence in "I have four children," writes Mrs. J. L. Norred, of Lagrange, Ga.

"Before the birth of my children, I was weak, nervous and tired. I had a lot oi trouble with my back. I took Cardui each time and found it so helpful. Cardui did more to allay the nausea, at these times than any- I and believe Cardnl did a lot Thousands of women testify Here is the second of the daily shopping reminders which Abilene and Taylor county school children are to use in a booklet contest, to be conducted under auspices of the Taylor County Tuberculosis association. Cash prizes of $3, $2 and $1 are to be awarded first, second and third winners in two groups of pupils.

Books of city and rural students will be judged separately. The shopping illustrations are to appear daily in the Reporter and News. Since there is no Saturday afternoon Reporter, all children interested in the contest, should clip the picture from today's Morning News. Children are urged to use their individuality in arranging the booklets. The Illustrations are to be colored, and a Christmas seal must be placed over the seal shown in the picture.

Complete contest regulations ap- BUY CHRISTMAS SEALS Danish cp.ila'ren set ouf food on CKristfnos eve for the gnomes nn shopping days bU to Christmas peared in Friday's Reporter and News, along with the first picture in the series. Pat Hurley and War Enemy Meet PORT WORTH, Nov. Hurley, former secretary of war, and M. Sturver. at present an attache in the German embassy, met one day in a German trench during the war.

Both were wounded in a hand- to-hand conflict. They met again this morning--on a sleeper plane from the Pacific coast--and breakfasted together at the municipal airport. Hurley was en route from Los Angeles to Tulsa. Sturver and Dr. Hans Luther, German ambassador, boarded the plane last night at Phoenix, an dare en route to Cincinnati.

The former cabinet member and NEW his one-time adversary relived the I group of DENMARK In Denmark lighted candles are placed in the windows, and on Christmas Eve steaming hot a meal is set out for the Nixies i a Ie function. What con- which are a sort of gnome. Bundles stitutes adequate penalty is a Harvey Bailey, Convicted Under Statute, Denied New Trial DENVER, Nov. ality of the so-called "Lindbergh Law" against kidnaping was upheld by the United States circuit court of appeals here today. The court denied a new trial to Harvey J.

Bailey, convicted kidnaper now serving a life sentence. Convicted in Oklahoma. The case reached the appeal court on an appeal by Bailey from his conviction in federal court on a charge of kidnaping the Oklahoma oil millionaire, Charles Urschel. Bailey's attorneys held that the Lindbergh law, which makes it a federal offense to transport a kid- naped person across a state line, was unconstitutional, because congress had gone beyond the powers delegated to it in the constitution. The government held that congress had a right to regulate interstate commerce, and that this right assured validity of the law against kidnaping.

The decision in the case was written by Circuit Judge Orie L. Phillips. Concurring with him were Circuit Judge George T. McDermott, and Federal District Judge John C. Pollock.

The case was brought to the court on appeal from the district court of Judge Edgar S. Vaught, in Oklahoma City, where Bailey and several others also accused in the Urschel kidnaping were tried, convicted and sentenced. 19 Alleged Errors. Bailey's appeal recited 19 alleged points of error, all of which were denied, but the principal hope of his attorneys had been that the Lindbergh law would be declared void. The case represented the first test of the act, which was passed by congress shortly after the abduction and murder of Charles Augustus Lindbergh, Jr.

In his decision, Judge Phillips said: "To prohibit the use of channels of interstate commerce to facilitate the crime of kidnaping is clearly within the powers of congress." Judge Phillips referred to kid- naping as a "heinous" crime. "A sentence to life imprisonment," the brief decision continued "for transporting a kidnap victim in interstate commerce, or for a conspiracy so to transport a kidnaped person is not, in our opinion, cruel and unusual punishment within the constitutional inhibitions." Bailey's attorneys had held, as one point in their argument that the Lindbergh law was not constitutional; that congress had no right to set the punishment at life Imprisonment, as was done in the act. On this point, the decision continued "Fixing of penalties for crime is Student-Slayer. Is Arraigned Joseph L. Stelnraetz, Immigrant divinity student, was beld for the grand jury when arraigned in New Yoxk on charges of having murdered hia bride.

Ruth Armstrong of Los Angeles, and the Rev. Father Joseph Leonard, eg the climax of a drunken honeymoon party. Steinmetz Is shown as he appeared in Homicide court. By Thp Presn WASHINGTON, Nov. grateful government will pay $96.25 and $78.75 each month to the widows of the two federal agents who died getting their man in the Barrington, battle with George (Baby Face) Nelson.

This was disclosed today by Wifliain Stanley, assistant attorney general. He said each would receive SG1.25 and in addition $17.50 for each child. Mrs. Samuel P. Cowley has two children and Mrs.

Herman E. Hollis one. RELIEF BOND ISSUETAKEN Houston Syndicate Buys Million Dollars Worth of wheat are fastened outdoors to the shutters for the birds. Industrial Leaders to Cooperate in Government Program matter of legislative judgment and discretion and the courts will not interfere unless the penalty prescribed is clearly cruel and unusual." Other points raised in the Bailey appeal brief were not even mentioned in the brief decision, except as they were denied, without exception, by the court's ruling that the desperado was not entitled to new trial. Bailey now imprisoned in the federal prison on Alcatraz island.

YORK, leading A I Nov. 30. A I Nov. Texas bond sales commission today sold $1.000,000 state relief bonds to a syndicate headed by A. W.

Snyder and Company, Houston, for par, accrued interest, and $50 premium. The interest rate was three per cent on $246.000 and three and one-fourth per cent on $246,000 and three and one-fourth per cent on $754,000. The bid was adjudged the best on the basis of net costs to the state for servicing the bonds, which was calculated at $160,595. Eight other bids were received. Proceeds of the bonds will be spent for state relief during December in conjunction with the federal emergency relief administration on a matching agreement.

It was the third block of 000 sold of $6.000,000 authorized by the legislature in September. Expenditure of the proceeds was or- Nov. 30. A Two officers high in American mil- i dered budgettcd at the rate ol is war days for a brief haK-hour over mustering forces to align itself with the breakfast table. Hurley.

it administration officials the coming seems, had been a member of a i session of congress in shaping an itary and naval commands during the World war told t-he postoffice department today an adequate merchant marine was essential to 000,000 monthly for October, November, and December, and $1,500,000 monthly for January and February. Previously $7,500,000 of a $20,000.000 issue had been sold. The bid of the Snydcr syndicate, which included buyers from St. raiding party during a campaign in unemployment insurance program, it the country's national France and had invaded a German was learned today from authorita- Letters from Admiral William rsrsTM Panw Srsr Tr dcr nf I- i mic of the Atlantic fleet, and Major- ixnus, snreveport, and rf! dlscloECd is lo General James G. Harbord, retired, Houston, exceeded by only $833 a program based on General Pershings chief of staff, the calculated net cost of the state principles, with employers were presented by the Grace steam- in ead Another -il con-j ship interests in supporting their sideration, however, was reported to contention that the government wounded.

Ho, in turn, threw a hand grenade which wounded Hurley. NAME SPECIAL JUDGE I A A Nov. 30. -Wayne R. Howell.

was elected special judge of the Thirteenth judicial district court this morning to serve during the absence of Judge Hawkins Scarborough, who is expected to be absent for some time due to illness. The election of Howell was sound consult a physician. Scarborough Hawkins. Ely and Wm. E.

made at a meeting of the bar asso- and employe, have betm studying tiation. the question the past week, review- i in ground covered in previous analyses. With this information and their Jurors are J. D. Akin.

Ray Thorn- af Or l. bjcct the I ton. E. V. Smith, SterlinR Parker, M.

M. Thomasson, C. O. Delauo, H. H.

Wilson, M. N. Oldham, Abilene; D. M. Floyd.

Merkel; C. E. Belvm. Tye; C. W.

Robinson, Irvie Talley. Wingate. HA i i wiiio i.ic guvcimneiH DC that jockeying congressional should not alter its present policy committees and on the floor might i of extending aid to private ship" tTMTM UTe detrimcntal through ocean mail contracts! "Any measures or laws that tend to discourage the building and operating of merchant shipping are directly against the efficiency with which our naval defense can operate in time of war," Admiral Sims said. servicing the bonds of the $1,000,000 sold last month at a record price. Buyers of the November business interests.

These business executives, contending that unemployment insurance could best be handled through an understanding between employer read" to go to Wash- and take the initiative in the program, working out their plan under principles of social relief laid down by President Roosevelt. Consultation with social relief ex- District Attorney w. J. Cunning- tri Arrest Suspects In Alabama Robbery SEMINOLE. Nov.

30. -Four men were held the city jsil here today for questioning in con- nection with the $2,500 robbery last of a bank at Red Bay, Ala. 000,000 issue were a syndicate headed by Mahan. Dittmar and company of San Antonio, on a split bid of three per cent on $296,000 and three and one-fourth per cent on $704.000 with $7.60 premium. Bidding for the bonds was close.

On the net cost to the state basis, the bids ranged from Snyder's $160,595 offer to $173,532.50. An alternate bid by the Snyder proup of $1,500 premium for the $1,000,000 issue at three and one-fourth per cent was adjudged next high. Callihan and Jackson with Rauscher, Pierce and Company, of Dallas, offered $927.79 premium at three and one-fourth interest, while the First National bank of Dallas offered $513.50 at the same inter- ham is conducting the prosecution and the defendant is represented by Scarborough fc Ely and Wm. E. Hawkins.

veloped. a realization the im- The four wcre arrested by police Cf rate. mensity of the task involved in in- i thei 5. hom ive stituting unemployment, payments on a national scale, it was indicated. Major questions with which they The Old Established Bank Serving Abilene and West Texas Since 1888.

Cordially Solicits Your Account. Parmers Merchants National Bank Abilene, Texas A have come to grips, it was learned, i south of here after chief of Police Jake Simms -eceived a telegram from Sheriff S. A. Reynolds of Selma, included: 1. Whether imu ranee reserves CREOMULSION to cfcecrfvRy refold ey on the spot if JOB relieved Simms said the four were being detained until he received further word from Reynolds.

He said he was informed the four men left Oeomalwow Three and one-fourth per cent interest will be paid by Snyder and company on $754.000 bonds maturing from 1935 to 1941. inclusive, and three ptv cent on $246.000 bonds maturing; from 1942 to 1943. inclusive. Maturities are semi-annually on erxch October 15. Maximum interest rate allowed by His i tutton the securities four should be set up on a tate or in- i and per cent.

dustry basis? -2. If on a. state would a their automobile near MaplesviUe, state with little unemployment pay following a snd out itinds to idleness their to Seminole. is great. In the 0 b.i£Ragf\ lie were clippings 3.

Similarly, on an industry-reserve jfrom newspapers telling of the rob- basis. would therp payments brry from low-unemploymen- lines into Pwo 1935 Alabama automobile H- those where relatively more workers ornse plates found la the arc not on toe job? V.en* Sinun TM I. Out-of-Town come and select holiday clothes in this sale! MINTER'S 242-244 Pine Street A good time to choose a coat or suit for thi college Pre-Holiday Sale of COATS and SUITS Sale i a a i At Embracing Our Entire Stock of Beautiful Coats and Suits. Buy Now For Holiday Wear! Now! it's FABRIC TURBANS of belting, satin, baghoera! Wickedly chic i flirty veils, brilliant clips, metallic cords, i shirrinyr, and bows. Haujrhtily high-hat or saucily shallow there's nothiiur YOU a a WE haven't got! il.

MILLINERY--2nd Floor That coat with the ripple collar of kolinsky---the coat with the square notched collar of Persian--the four piece suit that you've admir- I cd--these and countless other models go on sale beginning Saturday. CHOICE OF COATS Choice of the entire stock of Hinter Coats fur trimmed and tailored styles, including all Rothmoor and Kiki Maid Koats. Boucle wools Caravan, Wool Crepes 'and Tweeds, with furs of Persian. Kolinsky, Wolf, Fox, Caracul and Mink. $19.50 Coats will be sold at $12.50 $29,50 Coats will be sold at $19.50 $39.50 Coats will be sold at $25.50 $49.50 Coats will be sold at $32.50 $58.00 Coats will be sold $38.50 $69.50 Coats will be sold at $45.50 $85.00 Coats will "be sold $57.50 $98.50 Coats will be sold at $65.50 CHOICE OF SUITS All woolen suits go in i a lenjrtli swagger suits hip length suits, both tailored and trimmed in furs of Mink, Wolf.

Fox. Curacul and Soaliue. $15.00 Suits will be sold at $10.50 $19.50 Suits will be sold at $12.50 $22.50 Suits will be sold at $14.50 $29.50 Suits will be sold at $19.50 $39.50 Suits will be sold at $25,50 $49.50 Suits will be sold at $32.50 $59.50 Suits will be sold at $38.50 S69.50 Suite will be sold at $45.50 $75.00 Suits will be sold at $52.50.