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P — - ' Support the |;EAiHfe7R-i: t r NRACode ;_|l oiiyniv cniTinM I olimJAI till I lUn » the general recovery plan. FORTY-SECOND YEAR—No. 65 BROWNSVILLE, TEXAS, SUNDAY, SEPTEMBER 24, 1933 6c A COPY fl|l ^^^hbbm^^^^mmmwmmmsh Jurors In ‘Devil* Slaying Case Are Dismissed BODY UNABLE TO AGREE ON OAKLEYSFATE Jury Had Given No Indication Of Verdict f SULPHUR SPRINGS, Sept. 23.— *■ UP)—The jury in the trial of Coy Oakley for the “devil” slaying of Bernice Clayton, 3-year-old Inva lid, was discharged today when it was unable to arrive at a verdict. Ask For Confession , Since receiving the case Wednes day, the jurors have given no in dication of nearing an agreement, yesterday they interrupted their session to ask for the confession which the defendant purportedly made ‘after his arrest. The child died last December at her parents’ isolated cabin in the woods near Linden while weird rites were being conducted to cure her. She was crippled by an at tack of infantile paralysis. Testimony showed that Paul Oak ley, self-styled “faith healer,” Coy Oakley, described as his brother’s “disciple,” and the child’s parents, Mr. and Mrs. Sherman Clayton, were present at the fatal rites. Claim Child Choked Paul Oakley was trying to “drive cut the devil” he believed respon sible for the child’s condition, by a ceremony called “laying on of the hands.” The state claimed the «hild was choked to death while Paul's hands were on her throat. Last May Paul was convicted of murder and sentenced to 50 years imprisonment in a trial at Linden. During the ritual, testimony in dicated, Coy Oakley and the child’s parents were in the cabin praying and singing. The defense brought out that they had faith in di\ine healing power and thought Paul Oakley could effect a cure. FLORMFRUH DAMAGE HIKED (Special to The Herald) HARLINGEN, Sept. 23.—Revised estimates of the grapefruit loss in Florida as a result of the storm which struck there the same day as the Valley suffered its catas trophe, show that damage may run as high as 40 per cent instead of the original estimate of 25 per cent, according to information re ceived here. One Florida shipper reports he visited a number of groves in Poik county where he found conditions extremely serious and the loss in many of the groves in the district from Avon Park to Davenport run ning from 50 per cent to 80 per cent. The loss in the Eagle Lake #ct.ion averages 25 to 30 per cent. The damage was much more serious in Orange county and quite serious in Lake county around Leesburg and Umantilla where the damage ranged from 40 to 75 per cent. Grapefruit was hard hit in the southern part of Volusia county and two storms practically wiped out the grapefruit crops in St. Lucie and Brevard counties as far down the east coast as Stuart. Grapefruit was damaged only to a small extent In the Titusville sec tion which is not heavy in that fruit. Damage also was light in Hernando, Pinellas and Hillsboro counties. Gasser in Flames CONROE, Sept. 23. (SP — The Conroe oil field wild gasser was still a raging inferno of flame to day, the fire burning uncontrolled and with no attempt yet made to control it. The mouth of the well continues to crater, and officials . of the Humble company, cwners of the well, expect this condition to result in the hole filling up and choking off the flow of gas. Occassionally the well heads a quantity of oil which bums with the gas. -W Murder Charged ■DENTON, Sept. 23. yp—A mur der charge was .ilecl today against Steve Sparks, a dairyman living southeast of Denton, after the shooting here last night in- which R. O. Sands. 22, Denton county farmer, was killed. TAMPICO IS IN PATH OF GULFSTORM Hurricane Following Path of Last Disturbance MEXICO, D. F.t Sept. 23. (/P)— A tropical storm which touched the northern coast of Yucatan, causing one death and some prop erty damage, was headed northwest today across the Gulf of Mexico toward Vera Cruz. Heavy rains and wind struck Vera Cruz state and rail traffic was interrupted in several places by floods. One person drowned when a small ship sank off Pro gresso. At Cozumel a pier and many houses were destroyed. Warnings were issued to vessels in the southern part of the Gulf of Mexico. It was considered like ly that the storm might move di rectly toward Tampico, which last week was struck by a disastrous hurricane. The wreather bureau this morn ing located the tropical hurricane now in the Gulf as 150 miles north of Frontera, which is about 450 miles southeast of Brownsville. The bureau described the disturb ance as of hurricane intensity. If the disturbance .seeps its pres ent course it is expected to fol low very closely the trail of the last hurricane which struck inland slightly north of Tampico. The disturbance is traveling about 10 miles an hour. Man Leaves Hispital With $3,000 Radium SAN ANTONIO, Sept. 23. (JP)— Somewhere in south Texas today possibly in San Antonio, J. W. Boatwright, oil field worker, is go ing about his business with a radium needle worth $3,500 stick ing in him. Physicians at a Victoria hospital, where the needle was attached when Boatwright applied for treat ment, fear that the patient doesn’t know the needle is in him. It was applied, as usual, with a bandage, and is not visible. Insull Extradition Delay Encountered ATHENS, Greece, Sept. 23. (JP)— A delay has been caused in the extradition proceedings against Samuel Insull, former Chicago util ities operator, by the refusal of the ministry of justice to accept the American legation’s tranr tion of doc. nents necessary in ths case. The foreign ministry is trans lating over again all of the papers, and it will be several days before the next step in the case is taken. Man Kills Wife, Two Grandchildren, Self FRESNO, Calif., Sept. 23. (JP)— What police said was the killing bv an apparently crazed rancher of his wife and her two grand children before he fatally shot himself was ■under investigation here today. The rancher, E. J. Switzer. 53, fired a bullet through his head in his home at Caruthers, near here, as a deputy sheriff threw a tear gas bomb at him last night. Tornado Strikes ALPINE, Sept. 23. (JP)—During a heavy rain storm here today a small tornado struck the western part of Alpine. It wrecked the residence of Bill Lane and buildings on his poultry farm, and unroofed and damaged the interior of a building housing the U. S. department of agriculture. Second Sleeping Sickness Victim Dead in Valley (Special to The Herald) PHARR, Sept. 13.—The second death from sleeping sickness to be recorded in the Valley this week was on the rolls with the death early this morning of the Rev. Leopoldo Castro, 60, pastor of the Pharr Methodist Mexican church. Rev. Castro, who had lived in Pharr for the past 10 years, had been ill the past two weeks, the last few days of which he was in a coma. He is survived by his widow, - two daughters and seven sons. Funeral services will be held from the church of which he was pastor Sunday afternoon. The first death from sleeping sickness was that of Ruth Now lin, 10, a Center Point, Texas girl, who died at McAllen on Wednesday night. 4 ARRESTED WHEN BLOODY CAR IS FOUND SHREVEPORT, La., Sept. 23. W) —Police this afternoon were hold ing four men for investigation aft er discovery of bloody clothes and blood stains in a car in which they were riding, Police Chief D. D. Bazer reported. The quartet was detained by de tectives who became suspicious of the car which they found on a downtown street. Officers said that a window of the car was shattered, apparently by bullets. A revolver was found in the car. The car which they were riding is a wine colored coupe bearing Texas license No. A-13190 and bore Motor No. 3433699. One of the men said his home was in Longview, Tex. BASEBALL RESULTS First— Broeklyn . 010 101 040—7 14 1 New York .... 000 001 120—4 10 1 Leonard and Outen, Lopez; Shores, Luque, Clark and Richards, Mancuso. Second game— Brooklyn . 000 003 000—3 10 0 New York. 000 000 00—0 4 1 Mungo and Lopez; Salveson and Richards. Cincinnati . 000 000 001—1 7 0 Chicago . 000 106 OOx—7 8 0 Derringer, Kolp, Stout and Lom bardi; Bush and Hartnett. First Game Boston . 001 110 010—4 12 0 Philadelphia .. 000 200 21x—5 13 1 Frankhouse, Smith and Hogan, Spohrer; Grabowski and Davis. Second Game— Boston . 200 010 020—5 11 0 Philadelphia .. 000 310 000—4 10 0 Cantwell, Fullerton, Magnum, Zachry. Betts and Horgan, Spohrer; Holley,' Elliott and Davis. AMERICAN New York .... 206 311 210—16 23 5 Boston . 001 314 021—IS 16 3 Pennock, Moore, Vanatta and Rensa; Brown, Kline and Ferrell. Philadelphia .. 000 001 200—3 5 1 Washington_ 000 010 000—1 7 0 Cain and Cochrane; Weaver and Bolton. St. Louis . 011 100 000—3 8 1 Detroit . 000 004 Olx—5 7 2 Blaeholder, Braxton and Heuasley; Hamlin and Havworth 0 NRA MODIFIED IN HURRICANE SWEPTVALLEY Codes. Suspended In All Crafts, Is Stated WASHINGTON, Sept. 23. (/P)— Rep. Milton Vest of Texas an nounced today that NRA codes would be modified indefinitely in the hurricane-swept area around Brownsville, Tex., in order that working hour restrictions might be lifted during the repairing of storm damage. Conference Held West made the announcement after he and Judge H. L. Yates conferred with Boaz Long, in charge of the compliance board division of the NRA. The order affects four counties in the Browns ville area. The effect of the NRA action will be to suspend operation of both wage and hour provisions of all crafts under codes in the af fected area of Cameron, Hidalgo, Willacy and Starr counties, Long said. Long wired Maury Hughes of Dallas, state NRA chairman, and the Brownsville chairman of the administration’s action. “It will mean,” he explained, “virtually throwing the situation open to permit maximum speed in rebuilding.” ‘Need Four Months’ West told the administration that suspension of the codes’ oper ation for at least four months was necessary but Long did not com mit the NRA to any definite pe riod pending recommendation as to the time necessary, which he ask ed Hughes to forward as soon as posssible. The step was taken. Long ex plained, solely because of the emergency and upon representa tions that it was essential to “meet a serious situation.” Bailey Jail Break ‘Air Tight’ Case DALLAS, Sept. 23.—UP)—A -ed eral investigator declared emphatic ally today that in his opinion the department of justice had c iffi cient evidence to obtain a convic tion in the federal court trial next week of two men held under $10,003 bond on charges of aiding Harvey Bailey to escape from the Dallas county jail on Labor day. “We have an air-tight case,” he said. “There is absolutely no ques tion about the information we nave being sufficient to convict. And, we will have a surprise at the trial, too.” Lindys Pleased With Russian Reception LENINGRAD, U. S. R., Sept. 23. (£>)—So pleased are Col. and Mrs. Charles A. Lindbergh with their reception here that they might continue their air trip to Moscow. “We have come here purely out of interest in the Soviet union,” said the colonel. On their arrival from Finland, the Lindberghs were met by two soviet naval planes and greeted by an official welcoming commit tee. Stores Fired On PORT ARTHUR, Sept. 23. (VP)— A grocery store and barber shop under the same ownership were damaged by buckshot by unknown persons here early today. A note was found threatening further re prisals if the owner does not con form to the National Recovery pro gram. Gunners Guard Officers Quarters Keeping ominous vigil before all entrances to the Hotel Nacional, in Havana, where 300 former army officers had barricaded themselves, were machine gun squads of the Grau San Martin regime. Here is one of the grobps, with gun ready to repulse any counter-revolutionary sortie on the part of their one-time superiors. VALLEY STORM AREA SEEN BY SENATE GROUP Lieut. Gov. Witt And Augustin Celaya With Senators Seven representatives of the Texas legislature, the lieutenant governor of Texas, Rep. Augustin Celaya of Brownsville and five senators arrived in the Valley Sat urday morning on a survey of the storm damage in this area. The senators who are surveying the Valley’s storm area are: Sen. Archie Parr of Benavides; Sen. W. K. Hopkins of Gonzalez; Sen. W. M. Martin of Hillsboro; Sen. Will Pace of Tyler; and Sen. Alfred Stone of Brenham. Lieut. Gov. Edgar Witt and Rep. Celaya arrived from Austin with the group. They were met this morning by Harlingen residents and were tak en on a tour of the upper Valley where they viewed damage to cit rus orchards and to property At noon the senate delegation was en tertained at a lunch given by San Benito city officials and later in the afternoon surveyed storm dam age to the San Benito area. Late this afternoon the group was taken on a tour of Los Fres nos and Port Isabel. They were to have dinner in Brownsville and spend the night here. ‘BABY FACE5 1 JOYNER HELD IN ARKANSAS Fatal Prison Break Leader Caught In Dragnet • HOT SPRINGS. Ark. Sept. 23. (TP;—Police today announced the capture of Earl (Baby Face) Joy ner, one of the leaders of the break from the Angola. La., prison farm on Sept. 10 in which four men were killed, and shortly afterward dis closed that Charles Chapman, much sought alleged bank robber, had eluded a trap set for him at Mag nolia, Ark. Four other men and three women also are held here. The round up of alleged criminals was made in mid-week but police withheld the news until today for police reasons. Joyner under a 27 to 46 year sen tence in Louisiana for shooting with intent to murder, has been released to authorities at Crockett, Texas, on a bank robbery charge. Others arrested here are: J. E Wells, alias James Curtis Wilson, 30, wanted in New Orleans for aleged' counterfeiting, and as a fugitive from the Marksville, La., prison where he escaped while serving a sentence for burglary. theTweather Brownsville and the Valley: Part ly cloudy to cloudy Saturday night and Sunday with occasional rains Sunday: continued warm. DESTROYER IS PREPARED TO RESCUEGROUP U. S. Officials Attempt To Liberate Them At Parleys HAVANA, Sept. 23. (JP)—Sixteen Americans and Britans, Including three women and live children, were prisoners today in their own homes at the TanamovSugar mills, near the north coast of Orier.te province, and the U. S. destroyer Hamilton made preparations to take them aboard. The sixteen were the prisoners of striking workers. The Tanamo mills are owned by American interests, in cluding groups represented by Percy Rockefeller and Vincent Astor. U. S. authorities do not intend to land armed forces to effect the res cue, it was learned, although the Americans and Britons are about a mile and a half from the coast. U. S. officials were negotiating with the strikers to bring about the release of the prisoners, it was reliably reported. SOLUTION TO CUBAN SITUATION EXPECTED HAVANA, Sept. 23. (A3)—Pres. Grau San Martin and his foes and friends met with neutral mediators today and an early solution to bit ter political differences was oficial ly predicted as a result. Guarded by heavily-armed de tachments of cavalry, members of the student directory, the presi dent’s strongest supporters, and leaders of five opposition factions convened in the presidential palace to resume negotiations the executive broke off a week ago when he re fused to entertain demands for his resignation. Seed Is Removed From Tot’s Lung PHILADELPHIA, Sept. 23. UP)— A watermelon seed which had lodg ed for more than a month in the left lung of two-year-old Jane Aus tin. of Salton, Tex., was removed today in the Temple University hospital’s bronchosocooic clinic. Brought here last week by air plane and train, the child could not be operated on immediately be cause of inflammation in the lung. She uras reported convalescing, but physicians said they would keep her in the hospital some time for ob servation. Auto Victim Dies SAN ANTONIO. Sept. 23. UP)— John Thomas Connally, Bishop druggist, today became the third fatality of the automobile accident which occurred Sunday near San Marcos when automobiles driven by Connally and J. A. Glossup of San Marcos collided. Connally died in a local hospital where he was brought after the accident. L. J. Dailey, Jr., passen ger in Glossup’s car, died in San Marcos shortly after the accident. Miss Louise Smith, Corpus Christi, passenger in Connally’s car, died Wednesday in a San Marcos hos pital. Rear Admiral Dies MEXICO, D. F., Sept. 23. UP)— Rear Admiral Hilario Rodriguez Malpica, who commanded a Mex ican warship which stole into the Nicaraguan port of Gorinto in 1909 under the guns of United States vessels and carried Pres. Santos Celaya to exile in Mexico, died yes terday at the age of 75 after a long illness. In accordance with his wishes, his body will be cremated. There will be no military honors at the funeraL $5,000 PRICE IS PLACED ON WIFFS HEAD Judge Refuses to Free Defendants In Urschel Case OKLAHOMA CITY, Sept. 23. . (AP)—Rewards totaling $15,000 were pledged today for the cap ture of George ‘'Machine Gun” Kelly and his wife Kathryn by a group of Oklahoma citizens head ed by C. F. Col cord, capitalist and pioneer peace officer. The price on Kelly’s head was set at $10,000, that on his wife’s at $5,000. Announcement of the rewards followed a meeting of bankers, business men, lawyers and civic leaders called by Colrord. The rewards were underwritten by Cdlcord and others. They will seek contributions. OKLAHOMA CITY, Sept. 23. UP) —One defendant was freed, a rul ing on two others was deferred un til Monday, and all nine others in the Charles F. Urschel kidnaping conspiracy trial must wait action of the jury, Judge Edgar S. Vaught ruled as court recessed for the week-end at noon today. One Is Freed Charles Wolk of Minneapolis, was freed, and Isadore Blumenfeld and Peter Valder, also of the seven twin cities group of defendants will be held in suspense no longer than the week-end. Judge Edgar S. Vaught issued a burning denunciation of the Shan non family of Wise county, Tex., and four others from the north, however, as he refused to sustain defense motions to dismiss. He overruled motions of counsel for Harvey Bailey and Albert Bates, southwestern desperadoes accused of being principals in the Urschel abduction. “This is a revolutionary proceed ing today,” began Judge Vaught at noon after hearing arguments of lawyers all morning. “Kidnaping is as bad as murder if not worse. There is no greater menace in the country today. In interpreting the act under which this case is heard I take in mind that its purpose is to prevent all kidnaping.” The trial invokes the new “Lind bergh” law passed by congress last year. Shannons Denounced His clear voice overruled the Bailey and Bates motions in a sentence. * Turning to the Shannons, R. G. Shannon, his wife Ora, and his son, Armon. Judge Vaught said: “The evidence shows that the Shannons knew there was a kid naped man at their home. *If they new he was kidnaped and they guarded him, then they woyld be just as guilty as if they had kid naped him, transported him and collected the ransom. “Fear of individual punishment is no excuse for a violation of the law.” Judge Vaught’s rulings were pre cedent making, as this is the first trial under the new law. Four Plotter* Are Slain in Mexico GUADALAJARA, Jalisco, Sept. 23. (/P)—Pour bandit chieftains plotting an armed uprising in the state of Jalisco were killed yester day in an exchange of shots with police. Gen. Jus to Gonzalez and his aide Col. Alfredo Ramos were shot to death in a house where they had met their followers to plan robberies and activities against the authorities. Gen. Perfecto Sandoval, chief of staff of Gonzalez and his brother were also killed in the outskirts of the city when they were en route to meet members of their band. Man Hang* Himself DALHART, Sept. 23. (ff)—J- Mar vin Turner, 54. Hartley county far mer against whom charges of slay ing his wife were filed yesterday, hanged himself in the Dallam coun ty jail today. Turner improvised a rope from a blanket, and was found by his cell mate, Bert Rice, hanging from a bar, his feet scraping the floor, dead of strangulation. Mayor* Elect CHICAGO. Sept. 23. (JP)—Mayor T. Semmes Walmsley of New Or leans today was elected president of the United States Conference of Mayors, succeeding Mayor James M. Curley of Boston. Mayor Daniel W. Hoan of Mil waukee was named vice president. Paul V. Betters of Chicago was reelected secretary.