The Brownsville Herald (Brownsville, Tex.), Vol. 48, No. 168, Ed. 2 Tuesday, January 16, 1940 Page: 2 of 8
This newspaper is part of the collection entitled: Daily Herald, Brownsville and was provided to The Portal to Texas History by the UNT Libraries.
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Administration Congress May Bind Future Aid for Finns
FDR TO TELL
HULL; JONES
OF HIS PLAN
-
Senators Talk of Big
Loan But Say That
Three Provis ions
Should Be Made
WASHINGTON— (AP) —Presi-
dent Roosevelt told congresa
Tuesday that an extension of
credit to Finland “at this time
does not in any way constitute or
threaten any so-called ‘involve-
men’ in European wars."
WASHINGTON — UP) — There
were Indications Tuesday that the
administration and Congress might
tie strings on any future aid to
Finland
Senators u ually in touch with
the White House talked of grant-
ing the besieged country an addi-
tional loan of $25.000 000. but they
said that:
1. The loan should be advanced
through the Export-Import Bank
2. It should not be used for the
purchase of armaments.
3. The money should be spent In
this country .
President Roosevelt was expect-
ed to express his views and to
transmit those of Secretary Hull
and Jesse H. Jones the federal
loan administrator in letters to
Vice President Gamer and Speak-
er Bankhead.
$10000000 Available
The Export-Import Bank and the
Reconstruction Finance Corpora-
tion. alreadv have made $10000000
available to Finland for the pur-
chase rtf American agricultural and
other non-military products.
The Senate Banking Committee
had reports the Finns had drawn
none of this advance so far.
While attention centered on the
Finnish situation the House ar-
ranged to take up the independent
offices appropriation hill and the
Senate scheduled action on various
nominations.
Senator Connally (D-Tex) renew-
ed expressions of his determination
to try every possible means of kill-
ing the anti-lynching bill already
approved by the House.
-PAY POLL TAX NOW
Get Up Bill
Says Alarm;
Bill Gets Up
PROVIDENCE. R I— 0P> —How
often have you gone to bed and said
to yourself: ‘Tomorrow 111 really
get up on time!” (But Just don't.)
Then witness late-slumbering H
William Richter. Jr. Brown Uni-
versity sophomore from Bridge-
water. Mass. who overcomes this
common weakness with the help of
an electric alarm clock and a
phonograph.
At 7:30 a. m the alarm goes off.
throwing a switch which starts the
phonograph. Then William hears
himself tell himself a thing or two:
“Get up Bill get up.**
The recording of Richter's voice
begins gently but persuasively.
"Now Bill.” it say's “don’t give
us any of that stuff. No. don’t
turn over again. You know what
will happen if the dean hears about
your sleeping through another eight
o'clock class.” Then It roars: "Dc
you hear me. Hev hey. get up."
Obedient and open to conviction
Bill generally does.
-P\Y FOI L TAX NOW-
Americas to Issue
‘Keep Out’ Warning
RIO DE JANEIRO —{A*— Faced
with Great Britain’s rejection of
the 300-nule American safety zone
an inter-American neutrality com-
mittee Tuesday sought concrete
means of enforcing the "keep out" j
sign for all belligerents.
The committee consisting of sev-
en experts named by the Pan
American Union governing board. '
had for consideration in its closed i
section the proposal to enforce the |
zone by an agreement of the repub-
lics to prevent belligerent warships
from obtaining supplies or making
ship repairs in Pan American ports
after they have committed acts of
war inside the zone.
-PAT I'oil rAX now —
TOO LATE TO CLASSIFY
WANT TWO share-expense passen-
gers to Fort Worth or Dallas
Thursday or Friday. Write or call
Box L-93. Brownsville Herald.
Brownsville.
/ \
There Are Two Ways
to Get at Constipation
Yes. and only two ways-be/ore
and after it Happensf Instead of
enduring those dull ti/ed head-
achy days and then having to
take an emergencycathartic-why
not KEEP regular with Kellogg's
All-Bran? You can. if your con-
stipation is the kind millions have
-due to lack of ••bulk” m the
diet. For All-Bran goes right to
the cause of this trouble by
supplying the "bulk" you need.
Eat this toasted nutritious
cereal regularly — with milk or
cream or baked into mufflns-
drink plenty of water and see if
your life isn't a whole lot bnght-
i er! Made by Kellogg s in Battle
Creek. If your condition is chron-
ic. it Is wise to consult a physician
V J
Today's Markets
Markets at Glance
New York
Stocks — Steady; favorites rally
moderately.
Bonds—Lower; rails lead retreat
Foreign Exchange—Nervous; guil-
der continues to decline.
Cotton—Easy; Bombay commis-
sion house and hedge selling.
Sugar — Higher; hedge lifting;
speculative interest.
Metals—Steady; reports of shad-
ing in steel bars.
Wool Tops—Soft; Wall Street and
foreign selling.
Chicago
Wheat—Finished down.
Cattle—Steady to 25 lower
Hogs—15-35 down; top 5.75.
NEW YORK STOCKS
NEW YORK—Leading stocks
pointed slightly higher in Tuesday's
early market transactions.
Improved at a quiet opening were
U. S. Steel Bethlehem Sears Roe-
buck. Boeing Chrysler. General
Motors. Consolidated Edison Great
Northern and Western Union
A bolstering market influence was
seen in statements of federal re-
serve member banks in 101 cities for
the week ended Jan. 10 disclosing
commercial industrial and agricul-
tural loans increased $10000000 fol-
lowing a fall of $47000000 in the
preceding week.
NEW YORK STOCK LIST
Trade inlOO High Low Close
Al Chm&Dye 1734 1724 1734
Allis Ch Mfg 13 374 36 4 374
Am Can 5 1134 1124 1134
Am M&Fdy 1 134 134 134
Am M&Met 1 24 34 34
Am Pow&Lt 1 44 44 44
Am Rad&St S 15 94 94 94
Am Roll Mill 9 154 154 154
Am Smelt&R .22 47 4 47 474
Am Tel&Tel 25 1684 168 1684
Am Wat Wks 4 114 11 114
Am Woolen 4 84 84 84
Am Zinc L&S 6 64 64 64
Anaconda 45 284 274 28
Atch T&SF 21 23 224 224
Atl Refining 1 214 214 214
Aviation Corp 42 64 64 64
Barnsdall Oil 7 124 124 124
Bendix Aviat 23 28 274 28
Beth Steel 26 74 4 73 4 73 4
Borden Co 3 22 4 22 22
Budd Wheel 3 5 5 5
Clh’an Z-Lead 20 14 14 14
Calu&Hec 1 64 64 64
Cerro de Pas 2 38 4 38 4 38 4
C-Teed Prod 1 64 64 64
Chrysler Corp 48 83 814 824
Colum G&E1 47 64 64 64
Coml Solv 36 144 134 144
Cmwlth&Sou 21 14 14 14
Consol Oil 43 74 74 74
Cont Can 3 424 424 424
Cont Oil 10 234 234 234
Com Prods 3 634 63 63
Curtiss Wri 95 94 94 94
Douglas Aire 12 774 764 77
Du Pont De N 4 1814 179 1814
El Auto Lite 74 35 4 34 4 35 4
Ei Pow&Lt 12 74 7 74
Freeport Sulph 2 324 32 324
Gen Elec 81 38 4 38 38 4
Gen Foods 16 47 46 4 464
Gen Motors 66 524 514 524
Gdrich <BFi 15 184 164 174
Gdyear T&R 16 224 22 224
Gt Nor It Ore 3 164 164 164
Gt Nth Ry Pf 24 24 23 4 23 4
Houston Oil 1 54 54 54
Howe Sound 1 474 474 474
Hudson Mtr 3 54 54 54
Hupp Mtr 5 1 4 4
Int Harvest 14 55 4 55 4 55-*
Int Hyd El A 6 44 44 44
Int Tel&Tel 19 44 4 4
J Manville 11 72 71 72
Kenne Cop 40 364 354 364
Lockheed ire 12 29 4 28 4 28 4
Loews Inc 19 344 334 344
Lorillard <P> 5 244 234 234
Marshal Field 10 144 134 134
Mid-Cont Pet 1 144 144 144
Mo Kan Tex 2 14 1 14
Montg Ward 1 514 504 51
Nash Kelvin 82 74 64 7
Nat Biscuit 17 234 234 234
Nat Dairy Pr 9 164 164 164
Nat Distillers 7 24 234 234
Nat Pow&L 8 84 84 84
NY Cent RR 46 164 164 164
Nth Amer Co 54 224 224 224
Northern Pac 12 84 84 84
Ohio Oil 3 64 64 64
Pac Gas&El 11 334 324 334
Packard Mot 34 34 34 34
Pan Am Air 10 18 174 174
Penney JO 3 934 924 934
Penn RR 67 214 214 214
Phelps Dodge 6 36 354 36
Phillips Pet 14 40 39 4
Plymouth Oil 3 204 204 204
Pub Svc NJ 7 404 404 404
Pullman 19 28 4 28 28 4
Pure Oil 28 84 84 84 :
RCA 7 54 54 54
R K O 3 14 14 14
Reming Rand 2 10 94 10
Kepub Steel 55 104 20 204
Sears Roeb 22 834 814 834
Servel Inc 13 154 154 15la ‘
Simmons Co 9 224 214 22
Socony Vac 518 12 114 114
Southern Pac 37 134 124 13
Southern Ry 9 174 174 174
Stand Brands 96 74 7 74
■-— --- i
Willacy Onion
Crop Seen Gone
RAYMONDVELLE — Only 000
acres or onions Is estimated for the
Raymondville area this year as
compar'd to 12.800 acres last year j
a U. S. Department of Agriculture
bulleting from Austin said Tuesday. )
The department's figure was felt
to be too kn by residents of the
area who admitted however that
“the crop will be awfully short."
Lack of moisture will cause a
short crop they said but pointed
out that there are sections of the
area that are irrigated and will
grow onicns.
The Department of \griculture
bulletin declared that “prospects
Tor any production from this (Ray-
mondville) area are poor. The
plants are very small and the
moisture is deficient There is no
sub-soil moisture and unusually
favorable growing weather will be
needed all seasor. to supply any
quantity of onions from Ravmond-
\ille."
The bulletin also estimated early
Irish potato planting for the Val-
ley arfd northern Florida at 21.300
acres.
-PAY POLL TAX XOW
Stand Oil Cal 9 25% 25 25%
Stand Oil Ind 7 26!* 26 26%
Stand Oil NJ 27 44% 43% 43%
Stew Warn 7 8 8 8
Stone&Webs 7 11% 11% u%
Stdbkr Corp 27 9 % 9% 9%
Texas Corp 17 44 % 43% 44%
Tex Gulf Prd 7 3% 3% 3%
Tex Gulf Sul 4 33% 33% 33%
Tex Pac&Trst 2 5% 5% 5%
Tid Wat A Oil 15 10% 10% 10%
Tms&Wst Air 4 12% 12% 12%
Un Carbde 20 82 % 81% 82%
Un Oil Cal 25 16% 16 16%
United Aire 21 44 % 44 44
Un Carbon 1 58 58 58
United Drug 2 5% 5% 5%
Un Gas Imp 26 14% 14% 14%
US Rubber 35 37% 36% 37
US Steel 123 59% 58% 59
West Un Tel 15 23% 23% 23%
White Mot 6 11% 11% n% !
Wilson&Co 6 5% 5% 5%
Woolw (FWi 27 40% 40 40%
NEW ORLEANS COTTON
NEW ORLEANS——Cotton fu-
tures opened steady. 9 to 12 points
net lower.
-
NEW YORK COTTON
NEW YORK—>/P(—Cotton futures
opened 8 to 14 lower.
CHICAGO GRAINS
CHICAGO — Wheat prices
dropped as much as % cents a
bushel in early dealings Tuesday
quotations fluctuating rapidly with-
in a range of a cent
Opening % down to % higher j
Mai 1.00%-%. July 98%-%. all
wheat contract* quickly declined
below the previous close. Corn
started % higher to % lower. May
58%-% July 58%.
BRUSH COURT
TO TRY ‘DUKE’
He Says Charges Are
‘Trumped Up’
Undaunted by the recent "bandit”
raid the Court of the Grand Brush
is to preen its dignity and convene
again Tuesday at 3:30 p. m. at the
new city hall here
The last session of the injustices
was thrown into confusion Friday
afternoon when bearded Klondike
"banditos” raided the courtroom.
Temporarily turning its attention
I from James L. Abney reputed Klon-
dike leader the court is to try Duke
T Smith local barber on what Mr
Smith claims are “trumped-up-
charges.
Tire trial of Mr Abney is to be re-
set Tuesday afternoon although he
says he will claim "former jeop-
ardy.”
Chief Injustice Sam Perl is de-
laying the action pending further
investigation into Friday's "bandit’
raid.
The wrath of the injustices is to
be heaped on Mr. Smith for shav-
ing Chief Injustices Peris beard
crooked.
"How could I help it” Mr. Smith
said with a shrug of his shoulders
shortly before trial Tuesday. ‘Sam's
got a crooked mouth from smoking
cigars too much. I told him so. and
he got mad. Now‘ I got to go on
trial That's the thanks a fellow
gets for being honest.”
-PAY POLL TAX NOAA-
Man Is Injured
Knocked down by a bicyclist
early Tuesday afternoon. 70-year-
old Manuel Mendiola was treated
at the city nurse’s office for a cut
on the head but “nothing serious.”
Brownsville police said.
The accident occurred on South-
east Eleventh between Jefferson
and Madi n streets about 1:45 p
m Police said the aged man was
crossing the street and appar-
ently became confused when he saw
the bicvc! approaching him. The
bicycle nder was Juan Cantu.
-PLY POLL TAX NOW-
C. OF C. ELECTS
RAYMONDVILLE
RAYMONDVILLE — Election of
1940 officers marked the annual.
meeting of the Raymondville Cham-
ber of Commerce membership on
Monday night.
Marvin F. Hayes was narn^d pres-
ident of the chamber succeeding
W. H. Bostick at that post. Gor-
man Fox is first vice president and
Dr. E. E Baden second vice pres-
ident. Mr Bostick was elected
treasurer and Harry Cook re-elected
secretary-manager.
Five new chamber directors elec-
ted recently were introduced to the
membership. They were John Hol-
der. Karl Duddleston. Mr. Fox. Dr
Baden and Harry Douthit. E. H
Jamison was elected by the board to
serve as chamber director during
the unexpired term of Ruben Bush
who has moved from the city.
Principal speaker for the meet-
ing was Harry Hines. Texas high-
way commissioner of Austin and
Wichita Falls. He was introduced
by James Bowie. San Benito direc-
tor of the Port Isabel port
Mr Hines discussing the Kenedy
county road. assur**d the group the
highway will be opened within a
short time. He expressed the high- j
way commission's appreciation for
cooperation of the Willacy county
commissioners' court and Valley
citizens.
Entertainment included vocal se-
lections by the Harlingen Trio
Misses Ivy Boone. Dorothy Godfrey
and Nora Jordan accompanied by
Mrs. Harry Eagleston. and reading
of “Home." by Edgar Guest by Mrs |
H. R. McMeekln. Los Angeles. Gal.
who is a Valley visitor. Mrs. Mc-
Meekm for a number of years was
with the Red Path Chautauqua
Mr. and Mrs. Frang Ing of Ray-1
mondville presented saxophone1
numbers and vocal selections.
1
300 GROWERS |
TAKE $10 VOW
Citrus Meeting Held
At Edinburg
EDINBURG — Three hundred
growers out of a crowd of about 500
persons who attended a citrus price
meeting here Monday night signed
pledges not to sell grapefruit for
less than $10 per ton. George Dar-
nell Mission reported Tuesday
Darnell was a member of a commit-
tee in charge of the pledges
Passage of a minimum citrus
price measure was advocated before
the meeting of growers bankers and
businessmen. E A McDaniel. Mc-
Allen attorney voiced the belief a
minimum price law would be offer-
ed to the next legislature.
Jack Berry. Edinburg grower told
the session the $10 price would take
effect Tuesday morning. W. D
Woodroof. Edinburg packer pre-
sided at the meeting
The pledge signed by the growers
reads as follows:
“I pledge my word oi honor to
all growers of the Rio Grande Val-
ley of Texas that I will not sell any
Marsh white seedless grapefruit be-
longing to me or under my control
to any cash buyer cooperative as-
sociation canner or any other per-
son for a price less than $10 per
ton tree-run; same to be weigh-
ed upon public scales
•This pledge is given for the pur-
pose of stabilizing the citrus indus-
try of the Rio Grande Valley and
I expect my neighbor and my fel-
low grower to help me keep thii
pledge'
-PAY mi I. TAX VOW-
CH1NG
(Continued from Pag* One.)
employ guerilla tactics he added.
China will fight until every Jap-
anese soldier is driven off her soil
he said.
Mr. Ching said that the recent
fall of the Japanese cabinet is a
good sign for China.
"China is very thankful for the
sympathy of the United States
and someday we hope to repay this
kindness." Mr. Ching continued.
“We need sympathy and encour-
agement more than anything else
in the world."
Praises Generalissimo
Generalissimo Kai-shek was laud-
ed highly by Mr Ching “He's for
democracy.” Mr. Ching stated sim- j
ply. "Dr. Sun Yat Sen. the father
of our republic. was what you
Americans might call our George
Washington. The generalissimo is
our Abraham Lincoln."
Mr. Ching left here Monday night
for Houston. He Is to continue to
New Orleans where he is to sail
lor Havana. Cuba.
The high cabinet advisor left
China about six months ago on a
European diplomatic mission. When
war broke out in Europe he came
to the United States.
Regarding his current American
travels he said he has been visit-
ing Chinese in various sections of
America. The nature of his visits
was not amplified.
Meets Local Chinese
Mr Ching was met at the
Brownsville airport by Joe Wing
owner of a Brownsville cafe; Lee
Lit. also of Brownsville; Pong Yet
and Jue Tin of Matamoros and
others.
The Chinese official was said to
be a graduate of the University of
California.
Mr. Wmg of Brownsville re-
vealed that Chinese here and in
every section of the United States
each month send contributions to
China to help their native land in
the struggle against Japan.
-PAY POLL T\X NOW-
LOUISIANA
(Continued from Page One.!
selves in the state ~>emocratic
primary which climaxed a heated
campaign for the governorship.
The previous high was 540.000
votes cast in the 1936 election.
Governor Earl K Long brother
of the slain Hue? carried the ad-
ministration's banner. He was op-
posed by four “reform" candidates
who sought to displace the "ma-
chine" which has ruled since 1928.
l’.S. Agents Watch
Elaborate precautions were taken
to assure an honest election and
the federal 'Mvemment stood by to
accept any complaints One can-
didate sent his men out to ‘ finger-
orint” the ballot boxes and pre-
vent “switching.”
The polls og.ned at 6 a m and
will close at 7 p. m.
The “reform” candidates were At-
torney Pam Jones of Lake Charles.
Attorney James H. Morrison of
Hammond Attorney Vincent of
Opelousas and State Senator James
A Noe of Monroe.
They centered their attacks on
the many scar.dais unearthed by
Tedera and state grand Juries since
former Governor Richard W. Leche
resigned last June and Long
lieutenant-governor succeeded him.
Leche and many other administra-
tion leaders have since been in-
dicted.
Long countered that he had no
connection with the graft and cor-
ruption in the state before he be-
came governor. After becoming
chief executive he explained he
had done ever thing he could to
clean up the government.
If a second Democratic primary
is necessary it will be held Feb-
ruary 20.
-PAY POM. TAX NOW-
Boy to Studemans
Birth of a six pound 10 ounce
son to Mr. and Mrs. O J. Studeman
of Brownsville at 8:10 a. m. Tues-
day. w'as announced by attendants
at Mercy Hospital
Mr. Studeman is a Pan American
Airways pilot.
Mrs. Studeman is the former Miss
Gail McDavitt daughter of Mr and
Mrs. W. E. McDavitt cf Browns-
vi lie.
! Montague Case Lawyers
Are Selecting Jurymen
Ii .. I
(Continued from Page One.)
cused by Judge Bryce Ferguson
presiding judge in 92nd district
court after he admitted that he
would rely on his personal opinion
rather than the written statement
of law supplied the jury by the
court.
At one point Judge Ferguson too*
over the questioning of Spikes from
Defense Attorney Rogers Kelley
Judge Ferguson outlined a hypo-
thetical theft case and asked Spikes
if he would abide by the law as out-
lined by the court in casting his
vote if he were on the hypothetical
jury.
"Under certain circumstances. I
would let a man go on a theft
charge” Spikes said.
Kelley then questioned the man:
closely as to what he would do in
a hypothetical murder case.
•The defense believes the man to
be qualified." Kelley told the court
Assistant District Attorney Tiuman
Sanders who handled the prosecu-
tion’s questions Tuesday morning in
place of District Attorney Tom
Hartley questioned the man fur-
ther.
Sanders finally said he believed
the man to be disqualified.
The third venireman to be ques-
tion was V. Petris of Donna who
was excused by the prosecution
Monday afternoon two surprises
were unfolded in court. The state
revealed that it would not ask the
death penalty and the defense
announced that It did not consider
Invoking the famed “unwritten
law."
District Attorney Hartley made
his announcement while question-
ing the first venireman on the
panel. J. L. Roberts of Weslaco
who later was excused. Roberts
volunteered the statement several
times that he did not believe in I
the death penalty.
"Your honor.” Hartley finally
said to Judge Ferguson "that has
no bearing in this case. There will
be no death penalty called for by
the state.”
"Unwritten Law" Is Out
The defense announcement came
during the questioning of Venire-
man Oliver Swinnae of Weslaco
who was the only Juryman sworn 1
in Monday.
Defense Attorney Kelley said:
"W'e are not talking and will not!
talk about any unwritten law.”
HINES ~~
(Continued from Page One.)
eial Motors exhibit train. Such an
exhibit he pointed coukl be staffed
b> lecturers and experts who could
have an opportunity to extol to
hundreds of thousands merits of
grapefruit juice and other products
of the Lower Rio Grande Valley
area.
He pointed out that in recent
months the highway commission
has spent a million dollars on the
unpaved section of the highway be-
tween the Lower Valley and Laredo
and he exp-xssed the belief that
the completion of this highway on
up to El Paso will be a great boon
to motor travel. He foresaw trans-
continental travel as coming down
the Hugh-the-Coast highway via
the new Kenedy county road and
then going on up the Texas border
or into Mexico.
Mr. Hines has been prominently
mentioned as a possible candidate
for Governor of Texas at the pri-
maries this summer. However he
has made no public statement on
the subject so far.
The breakfast was held at the
Stonewall Jackson hotel.
-PAY POLL TAX NOW-
Freighters Sail
From Port Here
Two freighters one bound for
the Far East and the other for the
Atlantic seaboard sailed Tuesday
morning from the Port df Browns-
ville. /
Departing were the Japanese mo-
torship Akagi Maru of the NYK
line and the SS Texas Banker of
the Newtex Line the Philen Ship-
ping Company agents.
The Japanese freighter is to stop
briefly in Port Arthur to load gas-
oline prior to heading for the
Cana! Zone and Japan while the
SS Texas Banker Is bound for
New York.
The SS Texas Banker carried a
full load of Valley citrus canned
goods and general cargo on its re-
turn trip to New York.
The sailinj dt the vessels con-
cluded a busv week-end at the Port
of Brow*nsvi!le The gasoline barge
Tulsa in tow of the tug South
American left Saturday and the
SS Southfolk of the Mooremack
Line on Sunday.
-®1Y PCI.' -\X NO*’’-
Son to Darrahs
Word lias been received here of
the birth df a son to Lieutenant
and Mrs J. W. Darrah Jr . Tues- 1
dav morning in Port Riley. Kansas
Mrs Darrah is the former Miss
Frances Creager. youngest daugh-
ter of Mr and Mrs R B Creag- i
er. She and Lieutenant Darrah have
been stationed at Fort Riley since
their transfer from Fort Brown a
year ago
Mrs. Creager left here last Fri-
day for Kansas to be with her
daughter and will visit in Ken-
tucky. InJiana and Missouri be-
fore her re* urn at the end of sev-
eral mc.ths.
-PAY POLI T1X NOW-
Sothera in Hospital
For Appendectomy
HOLLYWOOD— OP) —Ann So th-
em. petite motion picture actress
was • feelmg very good” attendants
said Tuesday at the hospital where
she underwent an appendectomy
Monday.
In previous questioning District
Attorney Hartley had asked venire-
men if they believed in any “un-
written law.”
Kelley gave further hints as to
what the defense case would be
as he questioned Swinnae
Plenty of “Written Law”
He said: "There Is plenty of
written law on this point. If a man
catches another man in adultery
with his wife he has the right
under Texas law to kill that man.
Oi if he catches the man just be-
fore. or Just after the adultery.
If they have not separated.
"Texas law further states that
il a man acts under a mistake.
e\en if that act is criminal the
man is not guilty of the crime
providing of course it is clearly-
established that he were acting un-
der a mistake.
“The death of a human being by
another is excusable if the killing
is accidental Texas law says.
“You have heard of the right of
self defense. There is another in
Texas called the right of apparent
danger If a man believes he is
hi danger of being killed or done
serious bodily Injury he is justified
In killing his apparent assaltant.
Law Is Set Out
“Also If a man acting under the
rule of apparent danger accident-
ally takes the life of another he
is not guilty of murder.”
The large part of Monday mom-1
ing was taken up by a conference
among defense and prosecution at-
torneys and Judge Ferguson. Three
defense motions were denied one
to quash the special venire on
grounds that it was improperly
drawn another to gain access to
the statements and records in the
district attorney's office and the
final one to secure the right to
question P. C. Humphyrey star
witness for the prosecution before
the trial got under way.
District Attorney Hartley an-
nounced the state was ready to
begin the trial subject to the ar- ]
rival of “certain out-of-county wit- l
nesses.”
Humphrey Missing
The bailiff called Humphrey's
name through the courthouse but
the San Antonio salesman did not
answer.
“Cleaning up the panel." hearing
excuses of veniremen took until
3:30 p. m. Monday when the
actual selection of the jury began
Judge Ferguson temporarily excused
all but 20 of the veniremen and
set a schedule whereby 25 will ap-
pear each morning and each after-
noon until the jury is chosen.
Only five veniremen were ques-
tioned Monday afternoon though
and of these only one was sworn |
in as a juror. Questionmg of each
Juror took upward of an hour.
Dr. Montague is charged with
having shot and killed his wife.
Velma on a lonely county road
near here the night of April 20.
Humphrey a traveling salesman
working out of San Antonio was
wounded in the same shooting.
The case attracted state-wide in-
terest. Both Dr. and Mrs. Montague
were well-known in business and
social circles here.
The case originally was set for \
trial November 13 when it was i
continued because of the illness of
the wife of Lieutenant Governor
Coke Stevenson.
-PAY POLL. TAX NOW-
FINNS
(Continued from Page One)
registered 51 degrees below zero
Fahrenheit.
An unconfirmed report said the
village of Ekenas. on the south- j
west tip of Finland was almost
demolished. Casualties were small
because the populace had taken
refuge in the fields.
The Finnish press announced
that several Russian spies had been
caught and shot. One spy was said
to have possessed miniature broad-
casting equipment.
Sixty Russian bombing planes
dropped more than 600 bombs in
the interior of Finland Monday
Finnish official sources said bring- j
ing the officially recorded bombing
casualties since Jan. 7 to 21 dead
and 140 wounded.
-PAY PO'.l. TAX NOW-
CITRUS
(Continued from Page One.)
several canr.crs following the lead
of the Won Up people who have
had remarkable success with their
product. Under such circumstances
it is estimated that about one mil-
lion cases of the 4.500000 will gc
into this trade leaving about 3.-
500.000 for the competitive trade
"The probable production being
what it is. the number of cases into
counter and similar trade and the
reduction of what is known as the
competitive supply to 3.500.000 cases
it was felt by the canners that a
minimum price of $5 a ton is whol-
ly justified.**
-PAY POLL TA< NOW-
City Briefs
Mr. and Mrs. Wm. J. Welb and
Harry Thomas of Anderson. In-
diana. are in Brownsville to spend
the winter. The Weils' own a cit-
rus grove in the Bavvtew section
Mr Wells is the owner of the Trin-
idad Roofing Co. and Mr Thomas
is a brick contractor at Anderson
Fire caused by a kerosene lamp
caused slight damage to clothing
and furniture at the home of To-
mas Picaso on 11th street between
Ringgold and Fillmore streets Fri-
day about 7:30 p. m The Browns-
ville fire department extinguished
the fire.
-PAY POLL TAX NOH-—
Skimmed milk is used in the
manufacture of buttons. Chemists
astounded at the enormous waste
of milk after the cream had been
removed experimented and suc-
ceeded in producing a norn - like
; substance from it. I
*
‘ROAD MATTER
NOT SETTLED’
Bobbitt Says Decision
Not Made
Assurance ••no definite conclusion
has been reached-' as to whether
priority should be given widening
tiie present Harlingsn-San Benito
highway or construction of a paral-
lel road has been received by Cam- j
1 eron County Judge Oscar C Dancv |
in a letter from Highway Comnus- |
xioner Robert Lee Bobbitt he said
Tuesday.
* Somebody Just made an honest
mistake." Judge Dancy said of in-;
i formation last week that the high-
way commission had passed the
necessary orders and made appro-
priations providing for widening of j
the present highway.
That Information was from a let- .
i ter from Highway Commissioner j
Harry Hines to John C. Myrick
Harlingen attorney.
The letter from Mr Bobbit ad-
vised Judge Dancy T am sure that
you understand that no definite
conclusion has been reached by the
commission or the depr-tment as to
whicli of these projects should have
priority.
• Insofar as I am concerned and
I am sure this is true of the other
members of the commission you
may be definitely assured that no i
^conclusion will be reached or ap-
propriations made lor either of j
these particular projects until the
county judge members of ihe com- j
missioners’ court other public of- j
licials and interested parties have
full opportunity to present their
views and to let us have the bene- I
fit of their suggestions and re-
quests"
A highway commission hearing
on the proposed parallel highway is
set for January 22 at Austin.
Judge Dancy practically had con-
ceded widening of the present high- j
wav would take priority over the |
parallel road last week He declar-
ed Tuesday however that in view
of Mr. Bobbitts letter he will con-
tinue to press for priority of the
parallel road between Harlingen
and San Benito.
-PAY POLL T*X NOW-
Prisoner Flees
Cameron’s Jail
Francisco Guerra. 28. whose es-
cape from Cameron county Jail
was revealed Tuesday would not
surprise Sheriff J. A. Goolsby if he
sent back the horse for theft of
which he was slated to spend two
to five years in the penitentiary
Guerra had asked the Judge to
release him that he might get the
horse and return it. Sheriff Gools-
by said adding "he may still send
it back.”
Guerra who escaped Saturday
night was in Jail awaiting criminal
appeals court action on a district
court judgment and sentence lor
the horse theft.
Mandate affirming the lower
court Judgment and sentence was
received recently in the district
clerk's office. The sheriff's office
was notified Tuesday but Guerra
was gone.
Other than that the prisoner
had obtained keys with which to
release himself from jail. Sheriff
Goolsby gave no details of the es-
cape.
"I'm still investigating. I don't
know Just how it happened my-
self’* he said adding “someone
may lose his job.'*
Guerra a resident of Mexico
and Alfredo Perez. 28. Kingsville
rcsiden*. were sentenced March 29
1939. to serve not less than two
or more than five years in the
penitentiary for theft of a horse
the theft committed in the San
Benito vicinity.
Both appealed the sentence and
the court of criminal appeals af-
firmed judgment and sentence of
both. Perez is still in the county
jail to be transferred to the peni-
tentiary.
-PAY POLL TAX SOU-
Stark Tells Solons
$2276000000 Need
WASHINGTON —(Jt>— Admiral
Harold R. Stark told the hou*:* nav- '
al committee Tuesday that $2276-
000.000 would be needed bv 1045 to
complete the navy's current and
proposed construction of 145 war-
ships and new airplanes.
The chief of naval operations
testified that in addition to the 77
combatant shins nropcs^d in th; I
pending $1.300 000 000 fleet expan-
sion bill the navy has asked for
funds to start 19 new ships pre- j
viously authorized and has the au-
thority to build 49 more If funds
are provided.
AMERICAN L£
WHISKEY" £jg
I 100 PROOF
i BOTTLED
IN BONO
l_ ... i
Rich
Metlow
Fragrant
Kentucky
Straight
Bourbon
1
GENERAL LIQL'OR CO.. Distributor*
223-224 South Floret Street
San Antonio. Texaa
Wife of Miner 1
Becomes Mother
Of Quadruplets
NAUVOO. Ala — <*y- Mrs. Clyde
Short a coal miner's wife was
the proud mother Tuesday of
quadruplets—three girls and one
boy*.
A small town physician Dr H
J Sankey. said he delivered the
babies in good health within an
hour and 15 minutes »lth the
help of several neighboring house-
wives
Each of the children he said
weighed a lew ounces over three
pounds The girls were named
Faith. Hope and Charily No
name has been chosen for the
boy.
Dr Sankey said he was sur-
prised at the birth of four chil-
dren.
-I was expecting twins.** he
chuckled
Medical records show quadrup-
lets are delivered at only one out
of 1.000 000 births Less than half
of the children delivered In triplet
births survive and the chances
for survival of quadruplets are
even lower.
-PAA POU. TAX JlOt—
SOLONS WIED
AX ON BUDGET
$43492166 Is Slashed
By Committee *
WASHINGTON—P — Complex-
ly denying funds for two agencies
created bv President Rooaevelt.
the house appropriations committee
slashed budget estimates (or the
government s •'independent offices ’
today by *43 492 166
In recommending that congee?*
appropriate only *11M .*12 307 of
the *1.194 704.473 asked by M:
Roosevelt the commute.» trimmed
*25 000.000 irom the man time com-
ission's estimate of *200.000 000 for
the ship construction fund
Because of contract authorisa-
tions. however. It appeared this sav-
ing was only temporary and would
have to be restored later under the
10-year ship building program
The national resources planning
board and the office of government
report*—formerly the national em-
ergency council— were the Roose-
velt agencies denied funds by tna
committee These offices were trans-
ferred to the white house under the
reorganization plan last summer.
The committee turned down Pre-
sident Roosevelt's request for *!.-
060 000 for the planning board and
*1.055 00 for the reports office with
the explanation mat it could ti’wi
nothing in *iegi'l itive numiy" au-
thorizing their existence
President Roosevelts uncle Fred-
eric Delano is chairman of the re-
sources board
-MV POLL T1V vow —
Mercury Slides
In California
The coldest weather of the season
spotted sections of California and
brought frigid temperatures Mon-
day night to Florida in the wake of
the nation's cold wave k
The mercury dpiped to only
degrees here however with the
prospect of 'not quite so cold Tues-
day night" and warmer Wednesday
California shivered with below
freezing temperatures that struck
as far south as the fruit and vege-
table growing region* prompting
fears of crop damage
Local growers and shippers Tues-
day had not received reports of pos-
sible California frost damage but
the frost was thought sufficient to
have hurt young fruit and vege-
tables
Heavy frosts were forecast aeain
for Tuesday along the Pacific coast
oza
OUR fymtfuc
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on Boors furniture woodworketc. |
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714 W. Elisabeth Phone AM j
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4
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The Brownsville Herald (Brownsville, Tex.), Vol. 48, No. 168, Ed. 2 Tuesday, January 16, 1940, newspaper, January 16, 1940; Brownsville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1405396/m1/2/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .