Evening star. [volume], January 12, 1940, Page A-3, Image 3

About Evening star. [volume] (Washington, D.C.) 1854-1972

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Convicts Identified
By Farmer in
Slaying of Three
Says Prison Camp
Trusties Forced Him
To Drive to Home
By the Associated Press.
PORT TOWSON. Okla., Jan. 12.—
A Sawyer. Okla.. farmer identified
two prison camp convicts today as
the slayers of Mr. and Mrs. Elmer
Rogers and their son. Dean. 4. Bodies
of the Rogers family were found in
the burned ruins of their home New
Year Eve.
Sheriff Roy Harmon said the
farmer, Houston Lambert, 28, signed
a statement that the convicts, Frank
Wellman and Floyd Carpenter,
forced him to drive them to the
Rogers home.
While he waited outside in the
car. the farmer's statement con
tinued, the convicts went into the
house and two shots were fired.
Then the frame dwelling burst into
flames.
Warden Exonerates Convict.
Wellman, serving a 30-year term
for the murder of his bride in 1926,
was arrested for questioning in the
case 10 days ago. He was exonerated
by Warden Jess Dunn, who said his
inquiry indicated the convict was
attending church services at the
time of the slayings.
Warden Dunn said he had dis
charged Joe Adair, sergeant at the
prison camp, because he gave the
convicts "too much freedom.''
Although Gov. Leon C. Phillips
expressed belief that Wellman was
innocent, he said his inquiry showed
convicts at the Fort Towson camp
were given "too many liberties.”
"They were given shotguns to go
hunting,” he said, "and some, at
least, got out and got drunk. We
are doing our best to stop them."
Mr. Lambert's statement related
that he drove the convicts back to
the camp after the slayings and
had been afraid to talk until now,
fearing for the safety of his wife
and children.
Carpenter, 33, is serving a 3-year
term for burglary. Both were trusties
in the nearby prison camp.
Former Trooper on Stand
In Girl Slaying Trial
By the Associated Press.
MAUCH CHUNK. Pa.. Jan. 12.—
Benjamin Franklin, suspended State
police corporal, took the stand in
his own defense today at his trial
for the slaying of Joan Stevens, 14,
last June 5.
Franklin's 70-vear-old mother and
his wife watched intently as the 6
foot former trooper began his story
of the shooting. He pleads self
defense. contending he fired when
the girl threatened him with a
pistol, which later proved to be a
toy.
Testimony that State police for
three days pursued will-o-the-wisp
gangster clues given by the Stevens
girl preceded Franklin's appearance.
Pvts. Roger L. Spence and Ed
1 ward J. Swatji said it was the
schoolgirl's story of racketeer con
tacts that led them to a darkened
Nesquehaning street to meet her
End resulted in the shooting.
The two troopers related that for
' three days before her death they
were checking on impending hold
ups by 25 New York and Philadel
phia gangsters, who, the- girl told
them, were known to a "Lee
French." Pvt. Spence said the girl,
unknown to him, turned over a let
ter signed by "Lee French," which
claimed knowledge of underworld
movements.
When the defense tried to prove
by Joan's teacher and a hand-writ
ing expert that the letter actually
was written by Joan herself. Dis
trict Attorney Albert Heimbach
said the prosecution conceded that
Assumption was correct.
Labor Board
(Continued From First Page.!
“it's high time we were changing
‘ those duties.”
“I'm not ready to decide that,”
Mr. Murdockjretorted.
“Well. I am.” said Mr. Routzohn.
9 "That's what the committee is
here for." Representative Healey,
Democrat, of Massachusetts, pre
siding in the absence of Chairman
Smith, pointed out. He suggested
further discussion of the matter be
deferred, and the committee quieted
down.
Queried on l!se of “We.”
Earlier Miss Farmer was asked
whether Regional Director Phillips
referred to himself and the C. I. O.
when he wrote that "we” would
soon have a Wagner Act violation
case against the Sorg firm for al
legedly sponsoring an independent
union.
Miss Farmer said she did not
know. ’
The two Republican members of
the committee. Representatives Hal
leck of Indiana and Routzohn,
brought out that the C. I. O. had
protested vigorously against allow
ing the independent union to inter
vene after hearings had been closed
in the C. I. O. demand for an em
ploye election at the Sorg plant.
These two committee members
also emphasized in questioning Miss
Farmer that Mr. Phillips had urged
_ the board not to reopen the case,
declaring the independent union
should have appeared when the
hearing on the petition of the C. I.
O. was held.
Mr. Routzohn suggested the re
gional director's "we” might refer
to "the board and the C. I. O.”
Miss Farmer said she had no idea
What he meant.
Representative Halleck asked: ;
“From your conversations with the
board, could you say to this com- ;
mittee whether or not the board and
RATSE
Certified Pest Control
Service Saves More
Than Its Small Cost
AMERICAN
DISINFECTANT CO.
! NATL. 6479
BARTLEY, W. VA.—AWAIT WORD OF RESCUE—Part of the
crowd that gathered at the mine entrance of Bartley No. 1 mine
■——-* ’_
awaiting some word of the fate of the men entombed there after
an explosion.
__ * «
the people working down there in
the important positions frequently
refer to independent unions as
‘cleverly devised' or ‘having an aura
of company domination’ about
them?"
"No. I certainly would not.”
Mr. Phillips, board files showed,
suggested it deny the petition of the
independent union on the ground of
unjustified delay. The board did
deny it and held the plant election,
which the C. I. O. won by a narrow
! margin.
Fah.v Says Notice Was Served.
Charles Fahy, general counsel for
the Labor Board, said, in reply to
a point raised by Acting Chair
man Healey that the decision of
the Sorg case reported an old
employe-representation group had
been served with notice of the
C. I. O. hearings, but had not ap
peared. Committee Counsel Ed
mund M. Toland said there was
1 nothing in N. L. R. B. files to show
! such notice had been served.
Questioned on Ballots.
Representative Routzohn ques
tioned Miss Farmer in detail re
garding the ballots cast in the Sorg
plant election.
The committee member brought
out that the regional director rec
ommended six challenged ballots
and one contested ballot be counted.
“The board juggles some of these
figures, does it not?” he asked.
“No. we do not juggle figures,”
Miss Farmer replied firmly.
She said the C. I. O. had a ma
jority "regardless of the preference
expressed in those six challenged
ballots.”
Representative Murdock elicited
from the witness that the counting
of ballots under board supervision
and certification of results “is a
simple mathematical procedure."
jLsangriuus rmcacni;
Miss Farmer was questioned close
ly by Representative Halleck re
garding the policy of the board
toward reopening cases and going
outside the record of regional hear
ings.
“Do you think,” he asked, "the
board should go outside the record
and seek additional information in
one case and refuse a respondent
ian employer) permission to submit
additional evidence in another
case?”
"No. I do not,” she said.
"Don't you think it is rather a
dangerous precedent for the board
to determine when it will go out
side the record and when it will
not?”
“Perhaps. In some circumstances
I think information not in the rec
ord becomes important and can be
obtained without damage to any of
the parties involved.”
"But who would decide whether
the parties might be damaged or
not?”
“The board.”
"Do you know of any court cases
where, when the record is closed,
additional evidence is admitted
without notice to all parties involved
and their consent obtained?"
“No.”
"Then the board isn’t, strictly
speaking, carrying on a judicial
proceeding?”
The witness said that was prob
ably true.
“What Did ‘We’ Mean?”
Mr. Halleck referred to the Sorg
case, in which the board refused to
allow the employer to present a new
case for the independent union
after the C. I. O. had asked for an |
election and a hearing had been
THEY STILL HOPE FOR THE BEST—Nora Lester Heft) and
Pattie Stacy, wife and sister-in-law of a missing miner, keep a
vigil at the pit, waiting for news of a rescue.—A. P. Wirephotos.
held. Mr. Phillips had written the
board saying the independent union
had “quite an aura of company
union support" and “we probably
will have” a charge of unfair labor
practices growing out of its organ
ization.
“What did he mean by ‘we?’ ’’
Mr. Halleck asked.
“I don’t know.” said Miss Farmer.
While Miss Farmer, the fourth
feminine lawyer in the board's re
view division to be called, continued
testimony she began yesterday.
Other woman attorneys awaited
summons to the stand.
There are only 14 women among ;
more than 100 review attorneys, but j
Committee Counsel Toland sub- J
poenaed them all and indicated 1
every one would be questioned. How
many of their male colleagues he
planned to interrogate he did not re
veal. but Mr. Toland said he had
about 100 witnesses to call, virtually
all employes of the board, and he
hoped to complete “this phase" of
the investigation by February 1 or
by February 15 at the latest.
While Miss Farmer was on the
stand. Mr. Toland submitted docu
mentary evidence intended to show
the board was solicitous of the C.1
I. Os attitude during labor troubles
at the Sorg plant.
Early Derision Urged.
In July Mr. Phillips wrote the1
board urging an early decision,;
pointing out that the C. I. O. feared ;
if there were further delays its
ranks would be so broken it could
not win the election.
Miss Farmer identified a memo
randum she wrote asserting that
the Sorg Co. was “stalling for
time."
“Didn't that mean.” the witness
was asked, "that the petition of the
independent union would not be
considered?"
“No,” she said. “I was somewhat
provoked, but that did not mean It
would not be considered.”
The board, it was brought out,
dismissed without a hearing the
petition of the independent union
and held that the C. I. O. was en
titled to a plant election. At this
election the C. I. O. won. 265 to 257,
with certain other ballots contested.
When Miss Farmer took the stand.
Mr. Toland read into the record
minutes of the board showing that
she was appointed a review attor
ney March 11. 1938—three days be
fore she was admitted to the bar.
Takes Office March 21.
Miss Farmer said she was ad
mitted to practice in New York
March 14, but added that she had
not been notified of her appoint
ment at that time and did not enter
on her duties until a number of
days after her admission. The rec
ords produced by Mr. Toland showed
she took office March 21.
"I applied for the position in the
review division, first. I think, the
latter part of December." the wit
ness recalled. “At that time I had
taken the bar examination, but did
not know whether I had passed. I
was told by both Mr. Emerson (as
sistant general counsel i and Mr.
Fahy (general counsel i that I was
not eligible for a position in any
legal division of the board until I
had passed my examinations and
been admitted to the bar.”
“But it is a fact, is it not." asked
Mr. Toland. “that on the date you
were appointed and on the date you
entered into the performance of
your duties, that you had never en
gaged in the active practice of law?"
"That is correct.”
IT COSTS
NO MORE i
TO PARK AT THE !
CAPITAL
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4! 1st Hour
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EVENING RATES 1C.
« P.M. TO MIDNITE
1320 N. Y. AVE.
Wife of Trapped
Miner Refuses to
Relax Vigil
By the Associated Pres*.
BARTLEY. W. Va„ Jan. 12.—Mrs.
Alonzo Barnett, 21, stopped serving
in the soup kitchen at the blast-tom
Bartley mine just long Enough to
dash home and care for her 4
children and 11 boarders.
"I’m going back,” she said at
home. ‘‘I can't stay away. My hus
band is down there with the others.”
Barnett was one of 91 miners
trapped two miles back in the Pond
Creek Pocahontas Coal Co.’s No. 1
Bartley mine by an explosion.
Mrs. Barnett ladled out soup and
served sandwiches all night in the
miner’s lamphouse to grim-iaced
rescue men as they came up from
the 620-foot shaft.
At noon yesterday she thought
about her other duties—the direc
tion of the boarding house. She
hustled home and prepared supper
for her boarders, tried to quiet the
quavering voices of the two oldest
children, and then trudged back to
the soup kitchen.
Nira Elizabeth. 6. and Mary Jane,
5, knew that "Daddy” should nave
come home but they didn't under
stand what kept him.
Harrison-Bilbo Amity *
Report Causes Stir *
In Mississippi l
Almost Overshadows
Inauguration Plans |
For New Governor
By the AssocletedVreu.
JACKSON, Miss., Jan. 12—Interest
in the report that Mississippi’s two
Senators, Pat Harrison and Theo
G. Bilbo, shook hands in Washing
ton, almost overshadowed today the
approaching inauguration Tuesday
of Governor-elect Paul B. Johnson.
Senators Harrison and Bilbo have
long been on opposite sides in
politics. The report came yesterday
that they met in an elevator, and
chatted pleasantly. Jackson officials i
were amazed. J
Outgoing Gov. Hugh White, Har
rison supporter, apparently surprised,
said he had "no comment to make."
Maj. Frederick Sullens, editor of
the Jackson Daily News, wrote in
ilia i/UJUuui.
“Deep in their hearts, the two
men will probably never have anv
use for each other, but with personal j
relations outwardly friendly they I
can accomplish much by working j
together, and friends of both men '
here at home are rejoicing that it
has taken place.” j
Senator Harrison, shortly after
Senator Bilbo was elected, urged
the appointment to the Circuit ;
Court of Appeals of Judge Edwin
R. Holmes. Bilbo, once put in jail
by Judge Holmes for refusing to
testify in a case, opposed. Harrison
won. Harrison later prevailed over
Bilbo in the reappointment of E. O.
Sykes to the Federal Communica
tions Commission.
Bilbo retaliated by casting the de
ciding vote which made Alben Bark
ley of Kentucky, not Harrison,
Democratic leader of the Senate.
Bilbo supported M. S. (Mike) Con
ner when Harrison successfully
sought re-election in 1936. Last year
Bilbo supported Johnson for Gov- j
ernor and Harrison the losing candi
date, Conner.
jax Leaves Rio
RIO DE JANEIRO. Jan. 12.—The
ritish cruiser Ajax, one of three
arships which engaged in the De
;mber 13 battle with the German
ocket battleship Aumiral Graf
pee. sailed today for an undls
closed destination after a 24-hour
stay here.
Stanley Takes New Office
LONDON, Jan. 12 (^.—Oliver
Stanley, ill of influpnza since his
appointment a week ago as war
minister, assumed his duties today.
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January Storewide
CLEJ turn
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i I
$25,000 worth of furnishings, hats, shoes and ;!
clothing from D. J. Kaufman's present stock ... !
all this year's merchandise ... j
deduced"* 50%
GLOVES
38—52.00 & $2.50
Gloves _ 1.79
79—$2.50 & $2.95
Gloves _2.29
94—53.50 & $3.95
Gloves_3.19
TIES
185—75c hond - made
Resisto Ties _ 49e
592—51.00 & $1.50
hand - made silk,
wool, poplin and
rep Ties _ _ 79e
297—$1.50 & $2.00
hand-made pure
Silk Ties (many
imported l _1.19
MUFFLERS
16—SI 65 Wool and Silk
Mufflers . 1.09
21—$2.50 Wool and Silk
Mufflers _ 1.59
13—53.50 Wool and Silk
Mufflers _ 2.19
MEN'S ROBES AND
COCKTAIL COATS
4— $12.95 Men's Silk
Lined Brocaded Robes.
3 'Med. 1 Large. 7.95
5— $12.50 Men's Silk
Lined Silk Cocktail
Coots _ 7.45
HATS
18—$10 genuine velour
Men's Hats in all
shades . 3.95
16—$5.00 Beau Geste
Black Derbies; sizes
6*/* to 7 3s_ 3.35
SHOES
47 prs.—$5.00 Jolly
Stride Shoes, sizes
6Vi to 10; calfskins,
suedes with leather
and crepe soles 2.50
58 prs.—$6.00 Roblee
Shoes, sizes 6 Vi to
10; black ond brown
i and saddle tan_3.00
82 prs.—$7.50 Squire
Smith Tan Norwegian
Coif Shoes; sizes 6!i
to 10 __ 4.85
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SHIRTS
459—$2.00 patterned
woven Broadcloth \
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13'2 to 17'2 1.69
116—$3.00 & $2.50
fine "West End"
Custom Tailored
Shirts _ 2.29 1
SWEATERS, SPORT- j
SHIRTS, JACKETS AND
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3—$5.00 Herringbone 1
Sports hi rts, 1 /5,
2 6 _ . 2.35 t
25— $2 95 Corduroy
Sportshirts; grey,
green, brown and . \
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2—$5.95 All-wool Blue
Melton Zipper Jack
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3— S8.50 Corduroy
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students' 5.85
11—S8.50 perfect Suede
Jackets 6.95
20—SI 0.50 fine Leather
and Suede Jackets 8.65 j
28—$2.50 All-wool j
Sweaters ___ 1.69
10—$3.95 All-wool Herring
bone Round-neck
Sweaters; 2/38, 3/
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2/46, with flap
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24—$2.95 All-wool t
Sweaters _2.29
26— S3.50 All-wool j
Sweoters_ 2.69
31—$4.00 All-wool 1
Sweoters _3.29 j
39—S5.00 All-wool
Sweaters - 3.59
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74? TP'
4 MONTHS TO PAY
STUDENTS' SUITS MEN'S TUXEDOS
36—$21.50 All-wool Students' 12—?35 All-wool Unfinished
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Slacks, waist 27 to 34, Stout 1/39. Short Stout
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OPEN A CHARGE ACCOUNT
4 Months to Pay
PAY IN FEB., MARCH, APRIL AND MAY
1005 PA. AYE. •14th ond EYE^f , 1744 PA. AVE
A