The Mexia Weekly Herald (Mexia, Tex.), Vol. 36, No. 36, Ed. 1 Friday, September 28, 1934 Page: 1 of 6
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Mexia Weekly Hera
VOL. XXXVI, NO. 36.
MEXIA TEXAS FRIDAY, SEPTEMBER 28, 1931.
mm
91.50 PER YEAR
LINDBERGH
FACES KAUPTMAN
+ + + + +
+ + + + +
+ + + + +
4 + + + 4
Allred Refuses to
Pill
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efforts quiz
nominee fail
with refusal
Issues Statement in
Joe Burkett's
Lawsuit
OUTOFCOURT
Will Appear Only
as Higher Court
Orders
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AUSTIN, (ll.fi)—Attorney Gen-
eral James V. Allred this after-
noon refused to make any appear-
ance before a notary public for
depositions in the attack "on the
expenditures in his sampaign for
the Democratic nomination for
governor.
"The entire proceedings are
void," he said. "I have been har-
assed enough by this political law-
suit."
Two summons for Allred's ap-
pearance to make depositions had
been issued. One was for 2 p. m.
today. The other vvs for 10 a. m.
tomorrow. The second was issued,
it was explained, in case servicc
was not obtained in time for the
earlier appearancc.
Henry Faulk, attorney and
notary before whom Allred was
to appear, said he would certify
Allred's failure to answer the sum
mons of District Judge W. W.
McCrory at San Antonio.
Judge McCrory had designated
Faulk to hear interrogatories and
take Allred's depositions in the
•uit.
Refuse to Appear
Allred refused to appear. He is-
sued the following statement:
"The court of civil appeals at
San Antonio has held that this is
a political lawsuit and that Dis-
trict Judge McCrory has no juris-
diction whatever except tj enter
an order of dismissal. In addition
to this, the district attorney has
filed a sworn statement in the
court of civil appeals to the ef-
fect that he is fully satisfied with
the court's opinion and will not
prosecute the case at all. The en-
tire proceedings, therefore, are
absolutely void.
"I have been harassed enough
by this political lawsuit. I have
many important duties to perform
at attorney generol and do not
intend to waste any more time
with it.
"I have therefore, respectfully
declined to mako any appearance
before the notary public, but will
be glad to do so if these politi-
cians will get a decision out of
the court of civil appeals, or the
supreme court, that Judge Mc-
Crory has any jurisdiction at all."
LAMB LEADER
PRE-MEDIC CLUB
WACO, (Sp).—R. L. Lamb of
Coolidge, Baylor university junior
has been elected prcsii>nt of the ;
Pre-Medle club for the new year, i
This organization is composed of
students preparing themselves for i
a medical career. Lamb is also a |
member of the university board of
publications.
*
17 MILLION IS
VALUE TO TEXAS
OF EXTRA TAGS
Texas Allotment Is
850,000 More Than
Will Produce
COLLEGE STATION, (UP)—
The Bankhead cotton allotment
board today estimated the value
of cotton tax exemption certfi-
cates in Texas at about $17,000,-
000.
The board said the bureau of
crop estimates placcd the 1934
Texas cotton crop at 2,383,000
bales, which would be more than
850,000 bales short of the quote
of tax exempt cotton.
ruby britain
case will go
to jury soon
Woman Admits Love
for Banker She
Killed
Appear For Political Lawsuit Q
for ai:
PRESIDENT READY TO ANNOUNCE
FIVE MEN TO RULE NRA CODES
WAS JEALOUS
Shot Illicit Lover
When Younger Girl
Seen with Him
WASHINGTON, (U.R) — Presi-
dent Roosevelt will announce
within 24 hours the personnel of
a board of five to head the re-
vised NRA the White House an-
nounced today.
It was possible that the an-
nouncement would be ready before
he left his desk late today.
Observers of the reorganization
situation expected the board
would be entrusted with the task
With the value of the certifi-
cates at $20 a bale, the board said
the probable loss to the state
would be $17,000,000 if the Bank-
head act were discontinued.
It was announced that certifi-
cates have been distributed in 160
counties with a total of 216 coun-
ties making 333,340 applications.
The toal certificates distributed
was 198,818.
WILL RECRUIT
3,000 JUNIORS
AUSTIN, (U.R)—Nearly 3,000
junior members of the Civilian
Conservation Corps in Texas will
be selected between Oct. 1 and
IB, enrollment Supervisor Neal E.
Guy announced today.
Approximately half of the 2,-
938 CCC recruits to be selected
probably will be sent to camps
outside the state and in Okla-
homa, Kew Mexico, or Colorado.
Unmarried men between the
ages of 18 and 25 who are willing
to send between $22 and $25 of
their $30 monthly to send to their
dependents back home are eligible
to enroll for six months of ser-
vice in America's "tree army."
PRESIDENT TO
TALK ON RADIO
IIP
i iMSBk
COTTON
NEW YORK—(UP)—Cotton fu-
tures closed steady.
Open High Low Close
Jan. 1262 1262 1250 1252-53
May 1276 1277 1267 1268-69
July 1280 1282 1271 1271-72
Oct. 1242 1245 1235 1235-T
Dec. 1257 1258 1247 1249-50
NEW YORK, (UP)—The con-
ference on current p-oblems, a
riview of changing times by lead-
ers of ne wtrends, moved today
toward its flosing feature, the
radio talk of President Roosevelt
from the White House.
Mr. Roosevelt's address, direct-
ed to the conference sponsored by
the New York Herald Tribune,
but broadcast nationally, will be
heard at 10:30 p. m.
Mrs. Roosevelt was one of the
outstanding speakers at the four-
th annual conference, attend *1 by
3,000 women from every state
an dsoveral foreign countries.
I
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asawB
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Hot
Chilli .
Coffee
Dogs .
15c
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Hot Chocolate 10c
Meet your friends at our New Fountain. Comfortable
stools and chairs in an atmosphere you will like.
KendrickfirHoi
MEXIA
pHONE
TEXAS
SEYMOUR—(UP)—The case of
Miss Ruby Britain, 39, charged
with murder in the fatal shooting
of Horace E. Nichols, Seymour
banker, last Aug. 15, was expected
to go to the district court jury this
afternoon.
Testimony was completed short-
ly before noon. Arguments were
scheduled for 1 p. m. there was
practically no rebuttal testimony
offered. The state failed to gain
ground in cross-examining the de-
fendant.
Miss Britain today told the jury
of the great love she bore the man
she is accused of slaying.
"He was everything in the
world to me." Miss Britain said of
Horace E. Nichols, 38, Seymour
banker who was shot to death the
night of Aug. 15.
Swore to Love
"He promised to be true to me,"
she said on cross examination.
Nichols, married and the father
of two children, was slain as he
sat in a parked automobile on a
country lane with Miss Willie Mae
Couch, 18-year-old high school gra-
duate of Portales, N. M.
Miss Couch testified yesterday
that Miss Britain drove alongside
the Nichols car and fired without
warning. Two bullets struck the
banker in the back, ■ testimony
brought out.
The defendant said she became
"jealous" last May when she sus-
pected Nichols was seeing Miss
Couch. She said he promised her
not to see Miss Couch again when
she reproached him a month before
the shooting.
Miss Couch said yesterday that
Nichols was deathly afraid of a
woman with whom he had "had an
affair/' The woman carried a gun
she said the banker told her.
Admits Affair
Miss Britain on the stand admit-
ted the "affair" and said it had
run about a year when she learned
he was "going with young girls."
The night of the shooting, she
said, she found Nichols and Miss
Couch together. She said she shot
when she thought she saw the
banker reach for a gun.
Miss Couch had testified Nichols
kept a gun in a door pocket of his
automobile.
The state will ask the death pen-
alty for Miss Britain, whose at-
torneys are attempting to build
their case on self defense.
SEE METEORIC
BOMBARDMENT
BOSTON, (U.R)—Meteoric bomb-
ardments that burst with a bril-
liance which outshone the sun and
endangered six FERA workers at
Salisbury Beach were studied to-
day by Harvard astronomers.
The shower of flaming meteo-
rites swept across the skies in
Eastern Massachuetts late yester-
day and observers reported seeing
at least seven meteors zoom down
and strike the earth or sea.
One sizzling fragment struck
the ground 100 feet from ERA
workers at Salisbury Beach. The
fragment, one pound in weight
and seven by five inches in size,
was recovered by Leonard Mur-
phy, of Newburyport, who took
it home for inspection by the
Harvard observatory.
FIVE POINTS IN
LIONS PROGRAM
of developing other phases of the
revised recovery picture.
No indication was given by the
White House as to the men the
President has in mind for the five
jobs. To questions, however, as
to whether Bernard M. Barueh,
New York financier, would he a
member, it was said that such an
appointment appeared unlikely.
The same applied also to Donald
Richberg, chief NBA counsel.
TAXI-DRIVER IS
SURE HAUPTMANN
seven escape
hospital ward
oklahoma pen
Bloodhounds Put on
Trail of Men
Who Escape
USE TUNNEL
FOR THIS AREA HANDED HIM NOTE
Tubercular Ward
Inmates Leave
Prison
McALESTER, Okla.- (UP)—
Scores of officers with blood-
Ennis Entertains: Tells How
Group; Goes Next
to Groesbeck
^tonnpd i hounds today trailed seven con-
i | viets who escaped from the Okla-
and Lxiven INOte I honm orison here earlv todav by
to Jafsie
The first quarterly meeting of
Group 16, Lions Clubs was held in
Ennis, Wednesday evening with
Group Chairman Rev. J. C. Welch
of Palestine presiding.
A five point program was adopt-
ed by the group as their work for
the next quarter as follows:
(1) Every club in the group
work for a ten per cent net gain in
membership.
(2) Inaugurate an "On to Mex-
ico City" plan of financing one or
more delegates expense for the
convention.
(3) Bring back disbanded clubs
into activity.
(4) Organize new clubs.
(5) Stressing attendance.
Of the eight clubs represented in j
the group, five were present at the i
NEW YORK —(UP)—Joseph
Perrone, 37, the taxi driver who
has been the only person to iden-
tify Bruno Richard Hauptmann as
I honia prison here early today
i tunneling from the tubercular
! ward under the walls. ■
A negro convict, A. J. Gardner j
who was forced to accompany j
them, returned later after escaping
the hand, and told officers they I
Lillian Gallaher, 11 year old De-
the dispatcher of a Lindbergh ran-j had fle<1 with a Mexican accom-! troit girl, whose body was found
som note, told today of his conver-1 plice. Wednesday in a vacant apartment
sation with Hauptmann in 1932. .. ... - I
"Sure, I identified the guy," Per-1
rone said. "The minute I saw him 1
Four of the seven convicts were
said by Warden Sam Brown to be
suffering from tuberculosis in ad-
vanced stages. Officials did not be-
lieve thev could continue their
was dumbfounded. 'Yes!' I said,
'that's the guy that give me the
note for Jafsie.' i u , „
_, , ! flight long.
"The conversation 1 had with j
Hauptmann went like this. At that' Thc conv,cts e8Caped by
time I was working off a hack-
stand at Moshulu Park Way and
Jerome Avenue. It was a Saturday
night. It was March 12, 1932. That
would be 11 days after the kidnap-
ing. At Gun Hill road and Knox
place a guy stopped me.
"He asked me how much it
of hauptmanf
in kidnaping
Foley Sure Bruno
"One of the Men"
on Ladder
WILL EXTRADITE
Defense Counsel
Claims Threats
Made on Him
NEW YORK, (U.R)—Col. Charles
i A. Lindbergh disguised in grey
1 cap and horn-rimmed glasses,
> studied the pale face of Bruno R.
Hauptmann for ten minutes today
and, a few hours later, District
Attorney Samuel Foley was de-
, scribed as being convicted that
i Hauptmann was one of several
j actual kidnapers of Lindbergh's
I son.
Foley also was quoted as sayng
he believed Hauptmann was the
"man or one of the meo" on the
ladder which the kidnapers put
up at the Lindbergh house to
He was
whether
charging M. W. Goodrich with the) Hauptmann alone was on the lad-
Detroit. Search for the killer
was instituted immediately.
DETROIT—(UP) -Hundreds of | climb into the nursery.
' police, backed with a warrant i described as uncertain
break-
ing the concrete in the floor of the
tubercular ward, and tunneling to
a depth of eight feet, after which
they dug beneath the north wall,
only about eight feet distant.
Two convicts in thc ward who
murder of 11-year old Lillian Gal- i dor or whether Hauptmann enter-
laher, sought him in Michigan and | ed the nursery.
neighboring states today, assured I Lindbergh's action in confront*
of the aid of Goodrich's mother and \ jng Hauptmann was at his own
brother. • j request and came as a dramat'f
Goodrich, former inmate of the prelude to the prisoner's arraign-
state hospital for criminal insane
at Lima, O., was charged with the
did not leave said they escaped i murder in a warrant issued today
about 3 a. m. the "break" was not I by Recorder's Judge Donald Van
meeting; Corsicana, Ennis, Groes- j wou,d oost to ride to ,9T4 Decature discovered for an hour.
beck, Mexia and Palestine. Kerens,
Hubbard and Collidge were the
three clubs not having representa-
tion.
A banquet was served in the
Methodist church annex to more
than one hundred Lions and their
ladies. Concluding the program,
the crowd were entertained at the
Ellis County Fair grounds, wit-
nessing a football game between
Trinity University and Weather-
ford Junior College.
The group voted to hold their
next quarterly meeting in Groes-
beck. A good delegation from that
city headed by Jack Hawkins, their
president extended the invitation
which was accepted without oppo-
sition.
Attending the meeting from
Mexia were Mr. and Mrs. Bill
West, Mr. and Mrs. Sam B. Wer-
ner, Allen Jackson, Miss Sibyl Cox,
Max Altman and Miss Dorothy
Simms of Dallas.
7. il.<
NEW ESCHEAT
LAW BENEFITS
SCHOOL FUNDS
avenue. That's the address of Dr. I The remaining pair said they James K. McCarty, deputy sup-
Condon, but I didn't know it at the I were foi'ce<1 to remain quiet under erintendent of police, said Good-
time. Well, I told him it would ! thlen, ' | ,ich'fl wife> knaw of the
I ravishing and strangling of the
Gardiner told officers the men j chiI(, anJ akl'd hel. husband in his
w>.'nt about 10 miles east, to a
Mexican's cabin. He took several
of them in his car and left, while
the ne-
run about half a dollar. He handed
me a dollar and an envelope, and
asked me to deliver it at this ad-
dress. So I said I would.
I escape.
The trail appeared to be concen-
"Well, as I was pulling out, this I the others pl.ocee<led afoot, the ne- i t fated in the vicinity of Detroit,
fellow stopped me and took down gro said j However, state police said they had
my license number. I told him to j ^ Vinson substUut.e ,d | a "good" clue that Goodrich was in
never mind about my number, that i
GETS FIVE YEARS
DALLAS, (U.R)—John Badsden,
confessed partner of Raymond
Hamilton, notorious Dallas gun-
man, in a bank robbery last
March 19, was sentenced to five
years by a district court jury
here today.
AUSTIN, (U.R) — "No Man's
Land" will become a thing of the
past under the Escheat law sign-
ed by Gov. Ferguson today.
The act provides means for the
state to clinch its title to such
poverty without an owner. Weak
and confusing statutes heretofore
have made such a campaign im-
practical.
By earlier law, the property of
a person dying without heirs es-
cheats to the state, as does pro-
perty held illegally by corpora-
tions and that of prohibited
aliens.
Features of the new law are:
(1) Escheated property proceeds
are given to the permanent school
fund instead of the general fund.
This is expected to keep school
interests on the alert to give
notice of escheats. (2) The es-
cheated property can be either
sold or leased by the land com-
missioners. (3) When land is es-
cheated by the state, claimants
are limited to four years in
which to contest.
GALVESTON,"" "(UP)— United
States Cruisers Memphis and
Omaha prepared to sail late to-
day for Guantanamo, Cuba, to
join other ships of the fleet in
War maneuvers. The vessels have
been visitors here ainct last Sat-
urday,
he wouldn't need it as I would sure
take the note to the address. So
he said, 'Well, you never can tell,'
and took my number down. Well,
the next time I saw that guy he
was in Greenwich street station."
Perrone has helped police and
department of justice agents for
two years looking at scores of sus-
pects, and has not talked about the
case.
PROBLEMS OF
LABOR TALKED
IN CONVENTION
A. F. of L. Prepares
for Gathering of
Its Leaders
■ SAN FRANCISCO (UP) With
three large departments of the
American Federation of Labor al- i
leady in session, labor's principal J
problems for discussion at the fed-
eration convention began to take
shape today.
In advance of the general con-
vention starting Oct. 1, representa-
'tives of the building trades, the
nietal trades, and the label trades
opened their conventions and early
indicated that they are concerned
with three matters chiefly:
1. Legislation—including secur-
ity legislation, perpetuation of the
NRA, a federal 30-hour week law.
and protection of the right of col-
lective bargaining.
2. Organization—providing pos-
sibly for creation of separate
structures within the A. F. of L.
for industrial unions without weak-
ening the traditional craft union
internationals.
3. Official personnel—infusing
new and more aggressive blood
into the leadership of labor and
possibly extending the executive
council as recommended previously
by John L. Lewis, president of the
powerful united mine workers of
America.
*
Chicago, and sent an officer there.
in a tower near the tunnel, said he
did not see the convicts leave. They
took a sledge and their digging
tools with them. Officials believed |
they had stolen the tools from a I
prison shop. — I
Those who escaped were:
Jack Catts, 28, serving 21 years j
from Choctaw county for robbery. I
Charley Points, 33, serving life
flom Oklahoma county for murder, j
Coney Coffee, 31, serving 25
years from Tulsa county for rob-
bery Coffee was committed in 1921
and esc-aPed in 1932. He was re-
captured and escaped again in 1933 j
and was recaptured at Albuquer-
que, N. M.
Vern Brothers, 35. serving 20 i
years from Tulsa county for rob- I
bery.
Jack Berry 33. serving 50 years j of the Lions club, acted as pro-
from Tulsa county for conjoint ; gram chairman at the Thursday
robbery. meeting of the Rotary club.
ment in Bronx county court on
charges of extortion. H« was held
in bail of $100,000 after a plea
of "not guilty."
After the arraignment, Foley re
surned questioning of possible
witnesses, including Miss Anit?
Lutzenbergf a friend of Haupti-
mann, and officials in the dis-
trict attorney's office said that
Foley was convinced of Haupt-
mann's participation in the abduc-
tion as well as the ransom nego-
tiations.
The persons questioned today
had little information of value,
it was announced.
For the first time Foley de-
clared his belief that more than
one person was involved in the
Lillian, normally shy and slow
to make friends, was seized by her
slayer as she was selling punch-
board tickets for a school benefit.
To prevent repetition of the case, j case.
Police Commissioner Heinrich A. j "Hauptmann was not a lone
Pickert asked that an ordinance be j wolf," he said. It was known that
drawn prohibiting children from j federal agents already were seek-
door-to-door selling or solicitation
of funds.
"Many juvenile cases grow out
of this practice," Pickert said.
REV. METCALF
ADDRESSES CLUB
Pinch hitting for his associate,
Fred Doering, who was unable to
be present, Jimmy Blair, member
ing an alleged accomplice.
1. Foley announced that Houpt-
mann would have a "speedy'
trial on the extortion charges. He
will seek a "blue ribbon" panel
of wealthy or prominent Bronx,
county residents from which to
select the jury.
2. New Jersey continued plan-
ning to extradite Hauptmann but
officials would not say whether
it would be on kidnaping or mur-
der charges. He probably will Iw
extradited before he goes on trial
in the Bronx.
3. Defense Counsel J. M. Faw
cett, contending the defense cast
is being "strengthened" dai y
J. L. Crowley, 31, serving seven j a trio composed of Albert
years from Tulsa county for car j Berry, Dr. O. T. Christoffer and _
theft. ' ' said he had received man}
Dr. H. R. Martin rendered many j ..cr,lnk" letters and a telephone!
beautiful selections. The trio was death threat. One crank letter de-
years from Pottawatomie county greatly disappointed, however,
Karl Williams, 31,
for robbery.
serving 30 ]
county;
Williams was known
under the aliases D. E, Williams j
W. B. Shirley, Will Garret, and
Charles Anderson.
Gardiner, who returned, was j
serving life from Pottawatomie j
county for murder. He had escap- j
ed twice before. He said the men !
that no mention was made of
their close harmony by the pres-
ident, the program chairman or
the principal speaker, but mention
was made and they were praised
highly after they had succeeded
in exploiting their ablity to the
club.
scribed Hauptmann as being con
nected with tha crime only a* '
"lookout for us."
SPOT COTTON
HOUSTON —(UP)— Middling
cotton closed here today at
12.63.
had no weapons except the digging j
tools they carried. Miss Iva McKinney, expression
Coffee, Brothers. Berry and j teacher entertained with a very
Crowley were suffering from ad- j interesting reading which was en-
vanced tuberculosis, officials paid., joyed very much.
As the principal speaker, Blair
introduced Rev. Grady Mctcalf,
pastor of the First Baptist church.
Rev. Metcalf used as his sub-
ject "What are you worth." "The
actual worth of a large man
would only be $8.50, chemically
speaking," Rev. Metcalf said.
FRIENDS BACK
FROM FUNERAL
Late Wednesday a patty of
friends who accompanied the bod,'
of Mrs. Virginial F. Warrock,
mother of L. W. Warrock, to the
family burial plot at Rosebud re-
turned to their homes here. At the
graveside the Rev. E. H. Hudson
continued a service begun at thc
home here, and was assisted by
the Methodist pastor of that place.
The Woodmen's Circle of Rosebud
of which thc deceased was a char-
ter member, sang hymns at the
grame.
"A man consists mostly of wa-
ter, which has no value, while
the gasses, carbide, lime and
others make up only a small part
of man's anatomy." The speaker
discussed a man's worth to his
church, to his family, to hi* com-
' munity n<v| to his club giving in-
j lei'caling informaton on each.
I-
SELLING
and
REPAIRING
New and
Used
CARS
of
All Makes
Your business will be
appreciated.
WALLACE WELCH
Incorporated
Y
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The Mexia Weekly Herald (Mexia, Tex.), Vol. 36, No. 36, Ed. 1 Friday, September 28, 1934, newspaper, September 28, 1934; Mexia, Texas. (https://texashistory.unt.edu/ark:/67531/metapth299370/m1/1/?q=music: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Gibbs Memorial Library.