The Ennis Daily News (Ennis, Tex.), Vol. 40, No. 341, Ed. 1 Saturday, February 17, 1934 Page: 1 of 4
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1934 Will
Reward
Hard
Work
MEMBER ASSOCIATED PRESS.
y News
ENNIS, ELLIS COUNTY, TEXAS, SATURDAY EVENING, FEB. 17. 1934
FOUR PAGES TODAY.
Judge Atwell Says 2 Negroes Slug
” • MCulloch County
Life for Boettcher Kidnaper
Oil Code Is Invali
Sheriff and Flee
State Offers
$1000 Reward
Up to Highest Court
Dallas, Texas, Feb. 17.—An ap-
peal direct to the United States
Supreme Court will carry to that
tribunal within ten days the cases
of four Dallas petroleum retail-
ers against whom charges of oil
code violations were quashed Fri-
day by Federal District Judge Wil-
liam Hawley Atwell.
In cases involving the question
of constitutionality of government-
al acts, appeal may be taken di-
rect to the supreme court, federal
attorneys explained. Judge Atwell’s
decision held unconstitutional the
marketing code provisions of the
oil code involved in the case of
Bob Lieto, one of the four defend-
ants. Lieto, M. J. Kirk and F. O.
and A. E. Wilemon had former
bonds continued pending the ap-
peal.
Judge Atwell, in dismissing the
cases, held that the code provisions
could not be sustained under the
right of the federal government to
regulate interstate commerce, as
the defendant was engaged purely
in intrastate business. He used the
analogy of an apple seller who
might even sell an apple grown in
another state, but attempted fed-
eral control of whose low price
“seems to me would be stretching
the power of the national govern-
ment beyond apology.”
Decision.
“The national government may
preserve itself from destruction,"
the decision said. “That same right
exisits in the citizen to preserve
Scouts to Meet
Monday Night Plan
Clothes Collection
In response to the charge de-
ivered by President Roosevelt on
Mobilization Day celebrated last
Saturday, Boy Scouts of Ennis
will meet at the city hall audi-
torium Monday night to outline
plans for the collection of old
clothes for the needy of Ennis.
Scouts, ever mindful of their
duty and ready to serve human-
ity, have been making plans all
week for this campaign for the
collection of clothing, and on
Monday night committees will
be appointed to make complete
canvas of the city for wearing
apparel to be distributed among
the needy.
Girl Near Death
From Blood Loss
| Brady, Texas, Feb. 17.— Two
negro prisoners slugged Love Kim '
: brough, McCulloch county sheriff .
Friday night and escaped. A poss |
. was hastily formed and started in |
pursuit of the fugitives. Kimbrough
was taken to a hospital.
Kimbrough was not believed t. |
have been seriously injured. Phy- 1
sicians found a deep gash on his 1
ihead. It was revealed that th
prisoners had blindfolded Kim-
brough by throwing pepper in his
eyes before slugging him. The at
tack came at feeding time.
The negroes, Richard Green and |
Flin Punchard, were two of fou.
prisoners in a cell. When they
attacked the sheriff the other two :
prisoners tried to aid the sherifi.
but the negroes escaped despit
their assistance. Green and Punch- 1
, ard were held for burglary. 1
| Search for the negroes, who fled
on foot, centered at first in Brady,
where it was considered possible
’they had taken refuge in some
house. Officers were uncertain 1
which way they went alter leaving |
the jail. While groups of officers !
and armed citizens combed the a
. ,Electing to take his medicine
town, other groups hunted over a , . 4 4
41 .. ,from the law rather than follow
the surrounding country. Effori .
i •the example of his chief. Verne
were being made to prevent the 0‘
. ! Sankey, who hanged himself in
negroes from stealing an automo-tra 1 2 6
bile This cell, George Alcorn, (left),
stands in Federal Court at Sioux
Of Rare Malady Woman Burned
Trying to Save
Chicago, Ill., Feb. 17.—Gertrude
Siers bled Friday night at her ears,
eyes, nose throat and from every i
mucous membrane as she had bled .
Coat From Fire
1934 Will
Reward
Hard
Work
VOL, XL NO. 342.
Germany Warned to
To Get Barrow Hands off In Austria
Falls, S. D., and hears himself
sentenced to life imprisonment for
his part in kidnaping of Charles
Boettcher, Denver, Colo., million-
aire.
—International Illustrated News
Austin, Texas, Feb. 17.—A reward
of $1,000 for the capture of Clyde
Barrow, dead or alive, and $500
for each of two other desperadoes,
Raymond Hamilton and Joe Pal-
Imer, caused a long debate Fri-
day in the house. The item was
included in a supplemental ap-
propriation bill, with W. M. Har-
man as author.
The rewards for Barrow, Ham-’
ilton and Palmer were allowed to :
stand, except that the words dead j
or alive were stricken out in an :
amendment by T. H. McGregor,
by a vote of 76 to 38.
The action was taken after an -
amendment by A. M. Aiken to de-
lete the appropriation for the three :
gangsters was tabled.
Reviewing the criminal career
of Barrow, Gordon Burns said it
began in Dallas in 1926, with the
theft of an automobile.
“I don’t blame any sheriff for
not being willing to make a target
out of himself in trying to arrest i
Barrow,” he said. I
Aiken said “We are paying of- |
ficers plenty without offering them
a reward for doing their duty.”
Speaking for his amendment, |
McGregor said the dead or alive |
offer meant the mob spirit, whether |
in the legislature or in the streets. I |
By Europe’s Big 3
Caged Touhy “Owl”
ELLIS COUNTY FAIR OFFICERS
AND DIRECTORS HELD MEET
“In this instance you are doing
it in cool judgment and with the
mob it’s done in a spirit of frenzy”
he said.
386
himself from destruction. The
right of national self-defense is no
greater than the right of individ-
ual self-defense. But the right of
the government to preserve itself
from all sorts of attacks, either
within or without, must not mas-
querade in times of peace in some
other costume. The power of the
national government to carry on
the many activities- for the relief
of the unemployed that are now
being can-led on in the distribution
of moneys and possessions and prop
erties is not in question here. Nor
could it be questioned here success-
fully.
“The only controversy that is
here is between the humble citizen
- who asserts his right to carry on
his humble business in a purely
local commodity and in a purely
local fashion without being arrested
and punished for a mythical indi-
rect effect upon interstate com-
merce. If this were a suit at
for a week while physicians
searched for a remedy in her
strange case.
equity there might be more liber-
ality for the position cf the sov-
ereignty. But the fundamentals of
individual liberty are safeguarded
by certain presumptions, by certain
reasonable doubts, by certain re-
quisites as to certainty of allega-
tion and certainty of proof that
even a national court, upon the re-
quest of the national government,
can not, with ease, ignore or de-
stroy.
Violates Guarantees.
"My opinion is, without multiply-
ing thoughts and reasons, that the
regulations and the law sought
to be applied under this informa-
tion and bill of particulars are
wholly without authority and are
in violation of the well-recognized
and established guarantees of the
citizen.”
Sixteen transfusions of blood had
failed to keep a normal supply in
the body of the 30-year-old tele-
phone operator, but they kept her
alive and her doctors said it was
the only possible treatment.
Taking the blood which seeped
so freely from her weakened body,
they injected it into guinea pigs
to see whether the animals might
develop the same condition of
thromboctopenic purpura, a dis-
ease which attacks the platelets of
the blood. Platelets are cells which
cause blood to clot when it reaches
the air.
Dr. Charles H. McKenna said
the cause of the disease was a mys
tery. It is rare in its acute form,
such as Mis Sier’s case.
The bleeding from mucous mem-
branes under the skin causes purp-
lish stains which give the disease
its name.
The failure of the clotting facul-
ty of the blood causes continuous
bleeding, Dr. McKenna said. Miss
Longview, Texas, Feb. 17.—Rush-
ing back into her blazing home a
second time, Mrs. M. E. Walker,
elderly woman, was seriously burn-
i ed Friday morning. The house,
• which was ignited by oil leakins
from a nearby tank, belonging to
a cleaning establishment, was de-
stroyed.
Remembering she had left some
money in a cigar box, Mrs. Walker
went back into the house and got ii
She made her second and unsuc-
cessful incursion into the blazing
structure to get her husband,
coat, he being away from home
when the fire was discovered.
Traffic Officer O L. Jerden
Charles Stevens and Troy Starr
rescued her from the smoke and
flames of the burning building
after she had been seriously burned
about the face, neck, shoulders
and hands. She was taken to the
Longview General Hospital.
FURTHER 1934 EXPOSITION
Plans for the 1934. exposition of
The race track was also discuss-
the Ellis County Fair were discuss- ed but nothing has definitely been
ed at a meeting of the directors .decided about it as yet.—— —
held Friday night at Sikes’ boat-I The fair this year will be held
house on the lake, where a deli--Sept. 24 to 29, inclusive. This date
cious supper menu was served prior was set by officials of the fair at
to the business meeting, which was a meeting held recently during a
presided over by the president, J. two-day session of the Texas As-
P. Belelew.
sociation of Fairs. There will be
Officials and directors are very jone week intervening between the
optimisitic over conditions for the closing of the Ellis County Fair
fair to be held this year and va- and the State Fair at Dallas which
rious committees were appointed opens October 6. The date was
in preparation for the exposition, set in order to give exhibitors in
A catalogue committee composed
the Ellis County Fair, who wish
of W. M. Love, A. J. Davis, John to exhibit at the State Fair, an
Arden and H. T. Lester was ap-opportunity to remove their ex-
pointed. They expect to have the
catalogue ready for the printer
by March 1.
J. H. Duke, John Arden and J.
hibits after the exposition here.
Menu.
The menu prepared and served by
R. F. Sikes, consisted of a roast
s Get Him at Any Cost.
1 “It’s all right to stand by the
constitution until men revert to the
law of the jungle,” George Win-
ningham said. “We should show
peace officers we are behind them."
John Mathis said:
1 “When you pass such a measure
as this you make a farce of all
laws affecting criminals. This is
or should be a country of law and
order.”
Tom B. Hyder argued that the
state should say to its peace of-
ficers: “We will pay you to erase
a blot on Texas. The only way
Barrow will be captured will be
after shooting. We should be will-
ing to get him at any cost and
pay the bill.”
Harry Graves said: "We are at-
tempting to do everything we are
condemning Barrow for doing. We
are offering $1,000 for a man to
take a human life. If you’re law-
abiding you will abide by the law.
We should not offer $1,000 to make
a man a cold bloded murderer.” ,
Is Public Enemy.
Basil (The Owl) Banghart, called
the most elusive criminal in the
country, who was captured in Bal-
timore, Md., by federal agents and
local police. Banghart, said to be
the brains of the Touhy gang, is
charged with participation in the
kidnaping of John Factor, of Chi-
cago.
Cotton Reduction
Campaign Is
Declared Success
Paris, Feb. 17.—A three-power
warning to Germany that Austria,
must not be meddled with was re-
ported virtually agreed on Friday
by Great Britain, Italy, and
France.
A public declaration forming a
moral bloc of the big powers would
be signed under such a plan in an
effort to frighten Nazi from at-
tempting to overpower the Austrian
chancellor, Engelbert DollZuss.
The pronouncement was proposed
by Premier Mussolini of Italy, who
is leaving no stone unturned to
keep Austria a buffer state be-
tween Fascism and Nazi-ism.
Final decisions in the matter were
considered probable at interviews
Saturday among Capt. Anthorv
Eden, British Lord Privy Se
Premier Gaston Doumergue o.
France and the French Foreign
Minister, Louis Barthou.
French statesmen insist that tri-
power action will smooth the way
for a League of Nations decision,
rather than pi-van Chancels
Dollfuss from taking the question
■ to the Geneva body, as the Austrian
cabinet empowered him to do.
Keynote of Peace.
Austria’s government, declared
Dollfuss, could protest to the
league against Nazi terrorism and
propaganda and seek guarantees
of Austrian independence.
When Dollfuss complained about
terrorism and propaganda in a
recent demarche to Berlin, Ger-
many replied that Austrian trou-
bles were an internal matter and
not subject to international con-
sideration.
The proposed Italo-Franco-Brit-a
isn manifesto, it was understood,
will say the powers believe that a
free Austria is a keynote of peace
in Central Europe, but will not
contain threats of what may hap-
pen if Dollfuss should be forced
to capitulate to the Naizs.
Italy Editor Weds
At Mineral Wells
Italy, Texas, Feb. 17.—Elbert
Griffin,, associated with his father
and brother in the publication of
the Italy News-Herald and the
Milford and Maypearl News, was
married to Mrs. Theolo Hamilton,
daughter of Mr. and Mrs. Yates
of Olney, Texas. The wedding was
held at Mineral Wells on Feb. 12.
The ceremony was performed by
the Rev. George Thomas, pastor
cf the Mineral Wells Presbyterian
Church.
SPARKS FROM FIREPLACE
SET CRIB AFIRE AND
BABY BURNS TO DEATH
Stephenville, Texas, Feb. 17.-
Sparks from a fireplace set fire
Friday to the crib of the 4-
months old son of Mr. and Mrs.
Clyde Cox at Johnsonville, near
Stephenville, and the baby was
burned to death. The mother, work
ing in the yard, did not hear the
baby’s screams and not until the
father returned from work were
the parents attracted to the room
by the odor of burning cloth.
E. Keever were apponted to work beef, with brown gravy, candied J Jloe Great house said Barrow had
cut plans for the program for the yams, pickles, onions, peaches, cake become a public enemy.
fair, [and coffee. _ “There is no law in the Bible
Temple Doctor’s /
“There is no law in the Bible
Siers has been bleeding for a week
from every mucous membrane, he
said, nose, eyes, ears, throat, in-
ternally and under the skin.
The hemorrhage began, he said,
last Friday after she had been ill
at home for five days with what
seemed to be a mild cold.
Waxa. Draws
6 Percent Penalty
Bad Fire Record
In a compilation of fire record
credits and charges that was com-
pleted at Austin by the fire in-
surance commissioner, Raymond S.
Mauk, Waxahachie was shown %
have been penalized 6 per cent for
a bad fire record.
Ticket Sale For
C. of C. Banquet
Be Made Monday
Bert McKee, chairman of the
ticket sale committee for the an-
nual Chamber of Comerce banquet
to be held Thursday night, Feb.
22, asks that members of this
committee meet him in the Cham-
ber of Commerce office Monday
morning at 10 o’clock.
This committee is composed of
M. S. Vanderslice, Chas. S. Cook,
J. L. Clarke, Otis Grant, Zebbie
Howell, Sam Davis, L. R. Reed,
Troy Dungan and Jack Kidd. They
will canvas the entire business sec-
tion in the sale of tickets for the
banquet.
It is expected that more than
200 tickets will
banquet.
Murderer Gets
99-Year Term
H. C. Rogers to
Eelton, Texas, Feb. 17.—Convict-
ed of the slaying of Dr. A. M.
Clifford, 56, of Temple, Will Quer-
ner, 58, was sentenced to ninety
nine years in the state penitentiary
| Friday.
i The jury, which had deliberated
for a day and a half, had been in
favor of the death penalty, 11 to 1,
but, R. G. Sutton, foreman, said,
arrived at a compromise verdict
when one of the men steadfastly
refused to vote for the extreme
punishment.
Joe J. Alsup of defense counsel
Open Shoe Store
| Here March 1st
■ H. C. Rogers, manager of the
Jolesch Shoe Company here, made
1 the announcement today that he
has resigned as manager of the
local store and will open a shoe
store in Ennis about March 1.
Mr. Rogers has been in the shoe
business in Ennis for the past
seventeen years and was made
eralene Arnold
Making Fight
For Reward
Oklahoma City, Ok., Feb. 17.—
Another legal round in the fight
of little Geralene Arnold, Texas
girl, to collect $15,000 reward for
the capture of George and Kathryn
Kelly, convicted kidnapers of Chas.
F. Urschel, ended Friday with her
attorneys claiming a victory.
In taking a deposition from
manager of the Popular Shoe Store
when that business was taken into
the Jolesch Shoe Company. On the
first of the year the Popular Shoe
at once began preparation of a | Store stock was consolidated with
motion for a new trial to be act the Jolesch stock and Mr. Rogers
ed upon by Judge Few Brewster was made manager of the business,
next week. The Jolesch Shoe Company has
1 The state demanded the death been operating under a receiver-
sentence but the defense insistedS ip for several months.
that Querner had an inherent right I n making his announcement pub-
to protect the sancity of his home lic Mr. Rogers said he has formed
Dr. Clifford, a widower, lived at a company which will bc Bartered
the boarding house Mrs. Quernerlunder sta e laws. He has leased
operated. He was last seen alive the building formerly occupied by
the night of Nov. 8, when he wa the Popular Shoe Store, and the
called from his home, Cstensibly | fixtures already have been pur-
by a farmer, to attend sick cows. I chased. . . .
Testimony in the trial took less I r. cogers will leave Monday for
than four hours. The state intro St. Louis where he will purchase on the findings of a reward com-
duced at the iurv’s requesthis stocks. The opening dale is mittee in refusing to pay the
statement the defendant made # planned for the early part of ward.
which he admitted planning and arch
executing the slaying. |
Charles F. Colcord, Oklahoma City
capitalist who underwrote the re-
ward, her attorneys forced the in-
troduction of a letter from J. Ed-
gar Hoover, of Washington, head
of the bureau of investigation of
the'department of justice. The at-
torneys, Jack Burroughs and P. D.
Smith of Dallas, contended the
letter in effect recommended that
the reward be paid the Arnold girl
who was used as a blind by the
Kellys during their flight. ;
Duke Duvall, Colcord’s attorney,
said the letter contained no recom-
mendation and was a confidential
communication.
Colcord testified that he relied
re-
which authorizes us to kill a man,
although he is a criminal,” J. O.
Fisher said.
College Station, Texas, Feb. 17.—
Texas cotton farmers have pledged
a total of nearly 5,400,000 acres to
retirement in the government acre-
age reduction program for 1934,
H. H. Williamson, state agent, Tex-
as A. & M. College extension serv-
ice, said Friday following check of
contracts in the campaign which
closed Thursday night. On the
basis of reports received from Agri-
cultural Adjustment Administra-
tion headquarters at Washington,
the quota percentage of Texas is
well in line with that of other
states, Williamson said.
Advices from Washington was
Dr. Clifford’s body was found I Pat Neff’s Brother Dies.
three miles east of Temple about Waco, Texas, Feb. 16.__Sam
five days after he was slain. In- Neff, 75, only surviving brother of
vestigators learned he was killed President Pat M
Issues in the case are not drawn
and it cannot be set for trial for
some time.
Shreveport Man Kills Self.
Ellis County
Reduction Will
Be 35 Per Cent
Ellis county’ cotton acreage re-
tirement will be approximately 35
per cent, it was estimated Friday
by County Agricultural Agent W.
M. Love’s department.
Will Sims of the office force
stated that the department “al-,
ready had in the office contracts
for around 97,000' acres,” by early
Friday afternoon.
“When all the reports are in,
from the thirteen committees,”
said Mr. Sims, “I believe that the
reduction will run in excess of
100,000 acres.”
Agricultural leaders characterized
the retirement total as an en-
couraging response to the govern-
ment program.
"We had been requested to make
a 35 per cent cut,” said Mr. Sims,
“and it appears that we are living
that a check of contracts for the
(country as a whole showed a total
of 12,150,000 acres pledged to re-
tirement and that on the face of
the showing made recommendation
to Secretary Wallace to declare the
program operative for 1934 was
warranted. Whether a final check
will swell the national total to
15,000,000 acres, the goal announc-
ed, was not indicated. On this na-
tional basis of 15,000,000 acres, the
Texas minimum quota on a per-
centage basis would be 5,600,000
acres.
The total of 5,400.003 acres an-
nounced for Texas is based on
reports from 192 counties and es-
timates for fifty other counties
from which only incomplete re-
turns were available. When com-
plete reports from all counties are
in the Texas total may be increas-
London Officially Silent.
London, Feb. 17.—Reports that
Great Britain was being pressed to
join a three-power move to guar-
antee Austria’s independence
swept government circles and the
London press Friday.
Reiteration that a free Austria
comprises one of the main points
of Britain’s European policy was
the only official comment forth-
coming.
Reports were current that Dino
Grandi, Italian ambassador to Lon-
don, had presented an independence
guarantee plan to be supported
by Italy, France and Great Britain
to Sir John Simon, foreign min-
ister.
In connection with this report
it was known that Baron George
Franckenstein, Austrian minister to
London, had been a frequent visit-
or to the foreign office recently.
His talks, it was said, however,
covered a wide range of subjects
and were not restricted to any
specific point.
Informed circles pointed out that
should Great Britain desire to, dis-
cuss the three-power move, an op-
portunity was presented in the visit
to the continent of Capt. Anthony
Eden, Lord Privy of Seal. He left
Friday to engage in conversations
in Paris, Berlin and Rome.
ed considerably. Friday’s report
showed 213,000 Texas contracts out
of 755,000 reported for the nation.
Williamson pointed out that the
minimum average production an
acre allowed for signing eliminated
Injunction Against
Legislator's Pay
Salary Dissolved
considerable acreage in Texas this
might have otherwise been signed.
Texas cotton farmers, he said, have
up to it, here in Ellis county.” [cooperated in a fine way with the
Thursday night was the deadline program.
for the contract signing.
Uiis county is generally the
banner producer of cotton and
achieved such a tecord the past
season.
*
! PRESIDENCY OF EXPORT
■ BANK OFFERED PEEK
Shreveport, La., Feb. 17.—Plac-
.. Neff of, Baylor ing the muzzle of
by a blow n the head with an au- University, died Wednesday morn- pistol against bis chest Leven r
tomobile axle as he stooped to ing at his ranch home at Tenny- his chest, Leven L.
crawl under a wire fence. When |son. Coke county. He i:
they went to Querner’s home to by his wife and a sister in Dallas,
question him, they found portions Mrs. Sallie Calvert, besides his
of a torn nightshirt, which they brother here. He was born on the
said matched pieces of a similar old Neff farm not far from Mc-
be sold for the garment found near the man’s Gregor. President Neff left at once
Ibody. for the funeral.
an automatic
Washington, Feb. 17.—George N.
Peek, former administrator of the
agricultural adjustment adminis-
tration, has been offered the pres-
idency of the Government’s Ex-
factory, of which he was manager. port-Import Bank being
Dr. Willis P. Butler, coroner, rend- to promote L
ered a verdict of suicide. Relatives Jones, chairman of the board of
ascribed ill health as *“' cause of the Reconstruction Finance Cor-
McCook’s act. poration, said Friday.
McCook, 40, fired a bullet through
S survived his heart while sitting in the of-
. fice of the Fan-field ice cream
formed
Soviet trade, Jesse
Charged Poisoning
Preacher Denies Guilt
Pampa, Texas, Feb, 17.—Except
to assert his innocence, the Rev.
Louis H. Shockley had nothing to
say Friday concerning his being
charged with the poison death of
his father-in-law, W. T. Hudgins.
He was visited in jail here by his
wife and Attorneys Claude Wil-
liams of McLean and Clem Cal-
houn of Amarillo.
Shockley was returned here
Thursday night from Aurora, Mo.,
where he has been conducting a
revival meeting. Indications were
that his examining trial would be
set for next week.
Austin, Texas, Feb. 17.—An in-
junction issued Thursday to re-
strain the payment of the house
salary of W. E. Pope of Corpus
Christi was dissolved Friday.
John T. Smith, publisher of a
tax journal, applied for the in-
junction on the grounds that Pope
owed the state $1,098.48 in delin-
quent taxes and until he paid the
debt he was not entitled to receive
his pay.
Pope refused to discuss the suit,
but said he and Smith disagreed
over some tax bill pending in the
legislature.
The Weather
Cloudy, Rain, Colder.
East Texas: Increasing cloudi-
ness, probably rain in extreme
west portion Saturday; Sunday
cloudy, local rams, colder in
northvest portion. Temperature
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The Ennis Daily News (Ennis, Tex.), Vol. 40, No. 341, Ed. 1 Saturday, February 17, 1934, newspaper, February 17, 1934; Ennis, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1677129/m1/1/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Ennis Public Library.