Pampa Daily News from Pampa, Texas on January 17, 1935 · Page 1
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Pampa Daily News from Pampa, Texas · Page 1

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Thursday, January 17, 1935
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REILLY CHALLENGES STATE'S TESTIMONY AS TO CAUSE OF BABY'S DEATH Q GRUESOME DETAILS OF FINDING OF BABY'S BODY TOLD By WILLIAM A KINNEY (Copyrliiht, IOS5, by The Associated Press) FLEMIN6TON, N. J., Jan. 17. (/P)— Defense counsel Edward Rcllly said, following- the morning- session. "I am not challenging Identifleaf Ion of the Lindbergh baby's body." "I am. however, challenging the cause of death." FLEMINGTON, N. J., Jan. 17. WH-An autopsy operator told the Wanptmann murder jury today baby Charles A. Lindbergh, Jr., died of a skull fracture Inflicted While it was alive, and that death Was either Instantaneous or within a few minutes. Bruno Richard Haup.tmann, the alien carpenter accused of kidnap- ing and murdering the child sat unmoved, but alertly Interested, as this testimony, was given by Dr. Charles H. Mitchell, Mercer county physician. The physician's report, in which he also dissolved rumors that the baby had been shot, followed recital by 'others of the gruesome details of the finding of the baby's body in a thicket several miles from the Lindbergh home on May 1932—two months and 12 days after It was stolen from its crib. -Dr. Mitchell replying to a cross- examination that appeared designed toward showing that something other than a skull fracture caused death said: "A bullet of the size of that hole would blast out the other side of the skull." .He referred to a hole which a previous witness said he had made inadvertently with a stick at the scene of discovery. On J,he stand besides the discoverers of the body and the autopsy operator today were several employes of the J. P. Morgan company, who told of the preparation of the Lindbergh ransom money. Another development of the day was. revelation by James M. Faw- cet6, Hauptmann's former counsel, that he had at one time discussed With Attorney General David T. Wilentz the possibility of a life sentence for Hauptmann in the event of a confession, with a view to learning the identiity of possible . accpmplices. ,. .The attorney added 'though'that "there is nothing to indicate Hauptmann guilty." "There was no question as to the cause of death," Dr. Charles H. Mitchell, Mercer county physician said. "The child died of a fractured skull." ''Would ycu say it was caused by external violence," a prosecutor asked. f'The. fracture gave every indication' of it." Then, replying to a question over the objections of the defense as to the time of death in relation to the fracture, Dr. Mitchell declared: "I.would say that death occurred Jristantaneously or within a very Jew minutes after the fracture. The fracture occurred on the living childv. It bled. There was a blood clot still on the skull, "The blood clot could not have come there if the child was dead." .The finders of the body of baby Charles A, Lindbergh, Jr., related the gruesome details to the jury which is trying Bruno Richard Hauptmann for his life. The father of the baby, Colonel Lindbergh, sat rigid in his chair a few feet from the accused man and listened to the recital. Hauptmann stole short glances at him. William Allen, negro laborer, told of going into a thicket on May 12, 1932, on Mt. Rose road near Hopewell. ''I saw a skeleton on the ground," ha testified, "I looked at it and I said, 'gee, that looks like a human being.' I saw a foot." Orville Wilson, a truck driver, who was with Allen, testified: . "L saw the bodv of a child. You could see the foot of a child lying there. It was pretty well composed — -I mean decomposed." •Sergeant Andrew Zapolsky of the state police, who was called to the scene by Allen and Wilson, testified: "I'turned the body over. A part, of the head was bare and some of the curly hair showed around the leaves." Inspector Harry Walsh of the Jersey City police testified that when he arrived at the scene he moved the body about an inch and touched the head with a stick. . "Did it make a little hole?" he was asked. "Yes," he said, "about the size of. a Jead pencil." . The autopsy report was considered important to the state's contention that the Lindbergh baby was kjlled beneath the window of the Lindbergh nursery as it fell with the kidnaper from a breaking ladder. This., would place the murder scene; in Hunterdon county, where Hauptmann is on trial. The body was found in Mercer pounty. ; See HAUPTMANN, Paffe S I Hewd That Troy Payne has a new system .P f giving directions. John Haggard telling how the wirld blew in Dumas yesterday, Thomas telling how H blew teltog hpw it blew to Mobeetie. To judge 'by their descriptions, Pampa had only a gen&e. jephyr. Serving Pampa and Northeastern Panhandle THE NEW PAMPA Fastest Growing City in Texas—Panhandle Oil and Wheat Center mnpn Bally Wl MOW HOT HOME NEWSPAPER Established April 6, 1907 Official Publication, City of Pampa VOL. 28. NO. 244 (Full (AP) Leased Wire) PAMPA, GRAY COUNTY, TEXAS THURSDAY EVENING, JANUARY 17, 1935. (Eight Pages Today) PRICE FIVE CENTS f FDR SUBMITS SOCIAL SECURITY PUN Twinkles The best solution of the tax problem is to balance wages and prices so that we can afford to pay the taxes. Women may be presidents in 1970-80—if we still have presidents. Babies and dogs arc not wanted In many Pampa apartments. Which is not a recommendation for our modern way of living. But no reflection on babies and puppies'. Mrs. Gushaway doesn't like her new neighbor, who insists on having the last word in any conversation. Add to freak accidents: A NEWS staff man who has often dropped his spectacles and broken them while at work, saw them fly from his face while he was motorcycling at 60 miles an hour, and land on concrete highway paving without breaking. Musing of the moment: Nobody has given us a really attractive calendar. Among the other things we need is a letter opener. . . . Given to flights of hobbying, we've been trying to beat the family at checkers. And calling on the NEWS expert, Mr. Wampler, for ways to make our conquest devastating. . . . Ever notice how few persons know much about parliamentary law? Brevitorials TT IS NOT good-news that 'Uncle Sam is shedding his feeling of responsibility for the "unemploy- ables" in the various states and communities. It is disquieting to persons who hoped that Community Chests would never be necessary again. Somehow, many of us had conceived the notion that Uncle Sam henceforth would bear all our burdens, even local ones, and that this policy wouldn't cost very much. Of course, we were never justified in assuming that we never again would have to be "neighbors" to those about us. Such an attitude is undemocratic and un-American. riOUNTY AUDITOR R. 0. Wilson pointed out in his annual report that relief might easily be the biggest problem before the commissioners' court this year. This will be especially true if the legislature 'changes and liberalizes the pauper statute and permits counties to set up relief projects that obviously are more for relief than for the intrinsic value of the projects. This the . legislature should do if it is to pass even a part of the burden to the counties. Restrictions placed upon the general funds of the counties now permit them to do little to relieve destitution of residents within their borders. TT IS NOT hard to justify the decision of the federal government. The states make much noise about their "rights" but they are silent upon their responsibilities. We do not wish the fedeval government to meddle in our state affairs, but we would like for Uncle Sam to care for our paupers. This attitude is not born of. logic. Communities must prepare to "share the wealth" at its source and be neighborly toward the sick. TT MUST BE remembered, of course, that - counties like Gray have accumulations of labor which are not common to the agricultural counties. It would be unfair to call upon the citizen? to bear all of the cost of relief simply because oil development caused an influx of residents of other communities. It is a fact easily proved that many elderly persons came here during the "boom" arid are stranded, unable to work, and are charges upon the community. Others came here with • relatives. The relatives moved away when work became scarce but the dependents remained lest, by moving, they lose their eligibility for relief. ... It seems only fair that the oil industry, which at^ao'ed the surplus population, should assist in the relief problem. They would do this through a well defined, but conservative county program, in which tax money would be used in work- relief projects. . . . But' should the state decline to amend the pauper law or assist in feeding and sheltering the "unemployables," a serious situation would develop over night. The aged and the chronically ill constitute a problem whleh will long face this community. vn POLITICAL primer: Senator George Norrls of Nebraska, progressive republican leader, once described the legislative GERMAN SAID HE HAD ONLY 100 BILLS 'LEFT' By WILLIAM A KINNEY (Copyrluht, 1935, by Thq Asnociiilcd Press) FLEMINGTON, N. J., Jan. 17. W)—The man who caused Bruno Richard Hauptmann's arrest identified him in court today as the passer of a Lindbergh ransom bill. John J. Lyons, filling station attendant, said Hauptmann purchased gas last September 19, and gave another attendant at the station, Walter Lyle, a $10 gold certificate. The certificate was produced in court and Lyons identified it. He said Lyle said to Hauptmann: "You don't see many more of them," and that Hauptmann replied: "I've only got a hundred more left." The gas station attendant related Hauptmann. received his change and drove away, and Lyle noted down the license plates. That notation was to lead to Hauptmann's arrest for the crime a few days later. Lyons said he took the bill with other company funds to the bank. Q. What did you do with the bill? A. I got two $5 bills for it. Reilly took the witness for cross examination. Q. Then you put in a claim for the reward? ".Yes, .1 did,", the witness replied after a prosecution objection had been overruled. "That's all," snapped Reilly and Lyons was excused. Miran Ozmec, employe of the Mount Morris branch of the Corn Exchange bank, where the $10 bill was turned In, nexs told of receiving it and turning it over to his superior officer. William Strong, head teller at the same bank, told how he checked the $10 gold certificate with a chart showing the ransom currency numbers, and found the bill had been one of the ransom money. He notified authorities, he said. Strong was excused. Lyons was then recalled by Wil- entz for a few brief questions. First he asked if the Warner Quinlan station had a number of See CONVERSATION, Page 8 Injury Suffered On Hunting Trip Rills Young Man Paul J. Huffstutter, 24, pipe line superintendent of the Shamrock Oil and Gas company, lived less than 12 hours after receiving a stomach injury while hunting quail near the Webb idioolhouse yesterday afternoon. He died this morning in a 1 local hospital after an operation and blood transfusion. Mr. Kuffstutter, according to his companion, Alvie Bradshaw, a brother-in-law, had missed a quail and was running to get another shot at the bird. Mr. Huffstutter apparently failed to see a' ditch in his way and fell, landing on his gun, which had failed in front of him. The stock of the gun pierced Mr. Huffstutter's stomach. Aid was summoned from a nearby house and Mr. Huffstutter was rushed to Pampa, where efforts to save his life were unsuccessful. The body is at the G. C. Malone Funeral home. Funeral arrangements have not been made. Mr. Huffstutter is survived by his wife, one small daughter, and his parents. He had been with the Shamrock Oil and Gas company in the Gray county field for the last year and a half. CHILD LABOR ACT OPPOSED BY SENATORS Two-Way Attack Directed To Obtain Speedy Disapproval of Amendment AUSTIN, Jan. 17. (IP}— A two- way attack on the proposed child labor amendment io the federal constitution was initiated in the Texas senate today. Opponents first proposed a substitute amendment which would modify materially its terms, and then re-introduced a ratification resolution for the purpose of obtaining speedy disapproval to dispose of the issue. Constitutional rules were suspended to authorize committee consideration and final action by the senate on the resolution in disregard to the proposed division of the regular session. A public hearing was set for January 28 for committee consideration. Senator John W. Hornsby of Austin, an ardent opponent, introduced both the ratification resolution and the one suggesting to congress a substitute, which would empower congress to prohibit interstate transportation of products manufactured with labor of persons under 15 years old. He asserted it would banish child labor and sweat shops, and still not subject agricultural states to inequalities charged to the amendments submitted to the states for ratification. Last week opponents were thwarted in a hurried attempt to dispose of the issue for this session, although they claimed a heavy majority against ratification. The resolution, defined as a memorial to congress, was referred to the federal relations committee for study. It charged that a republican congress which submitted the amendment several years ago would not permit modifying amendments necessary to prevent it from causing hardships in agricultural areas. In three previous legislatures, the Texas senate has refused to ratify the proposal while the house of representatives has favored it. "This dead issue should not be continued," Senator Horny'oy said in the resolution. An attempt to obtain advance printing of the resolution to facilitate its progress was subjected to extended debate. Advance printing was ordered, Ijowever, on a test vote of 14 to 11. Speedy action was planned by the state affairs committee on a series of 10 bills proposed by Governor James V. Allred to conform Texas banking laws to federal regulations in the national housing act. They were sponsored by Senators W. K. Hopkins of Gonzales and E. J. Blackert of Victoria. Abrogation of the constitutional provision allocating 30 days of the regular session to introduction of bills, the next 30 days to committee work and the final sixty days to floor consideration was proposed in a rules resolution introduced by See CHILD LABOR, Page 8 Block in Front Of Theater Will Be Closed Tonight Because of the sidewalk and street congestion resulting from "bank night" at local theaters, \ a special arrangement will be tried by the police department tonight. The block in front of La Nora theater will be roped off from about 8 p. m. to 9:30 p. m. to handle the oyerflow crowd. No standing on sidewalks and 'in the streets will be permitted in front of the Rex and State theaters. The traffic problem on Thursday nights has reached the point where such a dractlc step must be used. "You Go Back to Work, Too" R-S!^:?^*.'.^^^^^ (Read "PAMPA" column on This Page). Cotton Production Set 193S Figure of 10,500,000 Bales Represents an Increase of 1,224,000 Bales WASHINGTON, Jan. 17. (IP)— Cotton production for 1935 waa fixed today by Secretary Wallace at 10,500,000 bales of 500 pounds each. This was the figure set under provisions of the Bankhead cotton production control act. An additional 700,000 bales not sold during 1934 was added to the 1935 figure. The 1935 quota represented an increase of approximately 1,224,000 bales over 1934. The 1934 quota was 10;476,000 bales of 478 pounds net weight. The quota in bales of 478 pounds net weight and last year's carryover would bring the total to 11,600,000 bales. Secretary Wallace also announced that under the voluntary cotton adjustment program producers would be allowed to make an additional cut in acreage up to 35 per cent of their base acreage and receive additional benefit payments, Under the adjustment program as originally announced farmers were asked to reduce acreage between 25 and 30 per cent. *• RESISTING ARREST OCALA, Fla., Jan. 17. (/P)—A coroner's Juryi returned a verdict today that Fred Barker and his mother, Kate, slain in a furious machine gun battle with federal agents at Oklawaha yesterday, came to their deaths "while resisting arrest," and that they were killed "by department of justice agents in the protection of their own lives," Mrs. R. E. Gatlin and son, John Davis, have returned from Am- arlllo where John Davis had his tonsils removed this week. GUN SMUGGLER IN PRISON BREAK CAUGHT TODAY; LEADER SLAIN AS ROUNDUP ENDS Prison Board Kidnaped and Forced to Act as Shield for 3 Escaping Convicts. BY CLYDE BABTEL Associated Press Staff Writer (Copyright, 1936, by The Associated Press) SAN QUENTIN PENITENTIARY, Calif., Jan. 17.—Police guns roared (he roundup early today of the desnierado blamed for smuggling guns to four convicts whc made » desperate, futile break for freedom that post the life of tUefcp leader. I Clyde Stevens, ipairoled '(convict and San Francisco bank robber tfhp the surviving convicts said furnished the pistols used In the San Quentin prison break yesterday was captured this morning by a police posse on Sherman Island, 50 miles from here. Officers announced three others were captured with him, two of them tailing wounded unr der police fire. Capt. Charles Dullea of the San Francisco police, who led J4 officers In the foray on the Island, Identified the other three as Albert Kessel a companion of Stevens; Eugene Martini and Stuart Leese, Kessell and Mwttol were both wounded in the hand in the fusillade that accompanied, the raid. Meanwhile physicians reported Warden JatnW B. Holohan, veteran prison official, had a good chance of recovering from the merciless slugging given nljn by the convicts as they broke from prison. Three of the convicts ^ere back In custody, their leader Rudolph Straight, 3S, fatally wounded in the gun battle that ended their spec- taculaj two hours of freedom. Pour inejnbers oj f the board of BtlWfl tannjj $nd parole?, two of them slightly wounded., were shaken by a terrifying experience as hos-, tages fpr the fleeing prlfeew, gee PRISON BREAK, Fa|« <{ HOPKINS INDUSTRIAL TEACHERS RECEIVE FULL STATE AUTHORITY LATS ^ M&WS GENEVA, Jan. 17. (IP) — The League of Nations council today unanimously voted for the annexation of the Saar Basin territory to Germany. GENEVA, Jan 17. (IP) —German representatives today announced a complete agreement with France on condition preliminary to .the restoration of the Saar Basin Territory to Germany. PHOENIX, Jan. 17. (IP)— The Maricopa county sheriff's officers said today » man arrested at Buckeye, Ariz., after a running pistol fight with officers had been identified by finger prints as Luther Gatlin, escaped life termer from the Oklahoma prison and one of the southwest's most notorious jail breakers. -^*Probably Forty Pampans Will Be At McLean Event Probably not fewer than 40 Pampa men and women will go to McLean tonight to attend the annual chamber of commerce banquet and to celebrate the opening of the Pampa-McLean highway. B. W. Rose of the B, C. D. sold a number of tickets downtown this morning in addition to the 20 reservations previously made by telephone. The banquet will start at 7:30 p. m. in the Chevrolet building on highway 66. Local trippers will leave about 6:30 p. m. An Amarillo delegation also will be present. Jack Mead of Miami transacted business here this morning. I Sau; 11 * Pave Dodge be,ing charged a dollar for—well, because of the sandstorm. He parked his car in front fif the courthouse. The V&& blew t in the street. It blocked, traf- WM towpd to a gfrw» where hjn a smacker fe? get it out. Teachers of industrial classes being sponsored by the Hopkins schools have received certificates, as recommended by Supt. M. L. H. Baze, from the state department of education and now are full-fledged members of the faculty with respect to requirements. Those whose applications were accepted and recommendations honored were W. E. Reno, Seth Horn, and Homer Gibson, who are conducting classes at Hopkins No. 2 school building; James Elbert, who conducts a class at Texas Elf Carbon; Ray Stepp of Gray plant, H. F. Magerkurth of Grayco booster, D. B. Coleman of the Palmer lease near LeFors, and B. F. Bulls of Klngsbill. D. A. Price of Robstown has also been issued a certificate upon application made prior to his moving away. Classes in oil field industry are holding up better than any other type, according to the state department, and of such classes, those undar the sponsorship of the local school have the highest percentage of attendance in the state. With one more month to complete the work, It appears now that at least 125 certificates will be issued some time in February. I V WEST TEXAS: Mostly cloudy tonight and Friday; warmer in southwest portion tonight. INSURANCE FOR UNEMPLOYED ASKED IN SECURITY BILL BY JOSEPH L. MILLER, Associated Press Staff Writer. WASHINGTON, Jan. 17. Congress went to work today on a social security program under the impetus of a presidential message recommending quick action. "We pay now for the dreadful consequence of economic insecurity— and dearly," wrote the president, in forwarding the 40,000-word report of his cabinet committee that studied the subject. Even before the program for unemployment compensation, old age beenfits and aid to children was received, the house ways and means committee arranged to act on It in advance of the controversial boniis legislation. Later consideration of the bonus question was definitely promised, however, by Chairman Doughton. President Roosevelt opposes immediate full payment. Senators and representatives traveled by automobiles, taxis, street cars and even by foot through slush- covered streets, resulting from a heavy snowfall last night, to hear the president's message. WASHINGTON, Jan. 17 Making its long-heralded attack en the problems of "social security," the: Roosevelt administration., laid before congress today a five- point program designed as protection against what it terms the "hazards" of modern existence. Topped by a special message from President Roosevelt, the program was unfolded in a 40,000 word report by the president's cabinet committee on security and specifically in a bill drafted by Senator Robert F. Wagner (D., N. Y.). In brief the Wagner bill, following closely the recommendations of th,e cabinet committee headed by Secretary of Labor Frances Perkins, provided: (1) Compulsory unemployment Insurance to be paid for by employers through a payroll tax. This would start at 1 per cent next January 1 and would be increased to 3 per cent January 1, 1938. However, if business picked up fast the 3 pel- cent level would be reached sooner^ (2) Compulsory insurance against poverty-stricken old age, for wage earners and small salaries workers, to be paid for by employers and employees on a fifty-fifty basis. (3) Old age pensions for the needy- aged who could not be covered, by the compulsory insurance, to be paid for by the federal and state governments. (4) A voluntary federal annuity system for those, who would not be included in the compulsory plan and who could afford to save for their old age out of Incomes larger than those to be affected by the compulsory plan. Large federal grants to states for, aid to needy and ill mothers and children) extension of the public health service. Method of Financing. The Wagner bill carried appropriations totaling nearly $100,000,000 to finance the program during the fiscal year starting next July 1. Authorizations for spending' moJW than $200,000,000 each year thereafter also were included. • ; , Those figures were fixed despitfr the cabinet committee's warning; that the cost of old age pensions would be so high by 1980 "that fur» ther careful studies must be ijlveri them" with a view to limiting government contributions. • , To finance unemployment Jnsur» ance, every employer having four OP more persons on his payroll would be subject to the tax. The' employer would receive up to 90 per cent credit on the tax for contr$ur See PENSION, Page 3 NAZIS SLAY, BEAT, TORTURE HELPLESS ENEMIES IN SAAR SARREGUEMINES, France, Jan. 17 (If)— Saar refugees, pouring: into France over the border, reported today that two communists had been killed at Neuenklrchen and a dozen other antt-Nazia had been beaten at other towns in the Saar Basin Territory. The refugees told tales of horror In stoical voices as the first big rush into France got under way. The scenes along the road leading from the s.aar injo Sarregue- inines were reminiscent of war times. Sixty men, women, and children, carrying large Bundles, \?ftlk- ed several miles irojjj, the Jrontjer tp the railroad station in j&te •where the French offered them pro* tectlon. Three hundred others had arrived by train and on foot by 4 p. rn- today. All of them, said French officials, asserted their lives had beer) threatened, The story of the allegedly » dered conisnunists was told. \a\ arriving from ^eHen^ch 11 said the comm.miists were their own hfime§ early in Jng "by

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