The Bismarck Tribune Newspaper, January 15, 1936, Page 1

Oldest Newspaper ESTABLISHED 1873 17 Killed in THE BISMARCK TRIBUNE BISMARCK, NORTH DAKOTA, WEDNESDAY, JANUARY 15, 1936 '10-Point Farm nod Plan Submitted ‘to Senate Body » NATIONAL GRANGE IN| SEEKs cS CLUES FROM woman Banoit | ‘PRETTY GOOD BET’ FIELD WITH OWN IDEA OF WHAT IS NEEDED Platform for ‘Permanent and Constitutional’ Aid Will Be Pushed SPLIT IN GROUPS APPARENT Conservation-Crop Control Plan Thought Invalid by Some Senators Washington, Jan. 15.- Reig) Na- tional Grange, dean crganized farm groups in ASatibcs submitted to the senate agricultural committee ‘Wednesday a 10 point program for a new national plan to replace AAA. Grange officials said it represented & crystalizing of farm sentiment against a constitutionally - question- able rewriting of AAA to control ag- ricultural production through subsi- @ized soil conservation. In the first definite break with ad- ministration plans to draft a bill re- taining AAA principles along lines adopted by Secretary Wallace’s farm conference last week, the Grange ae congress to provide: Appropriation to provide for the | socipeit of contracts entered into in good faith and partially carried out by American farmers. Propose Land Ag 2. A soll conservati through wise rotation of crops ceatewA through a system of government! iar to build up national resources. | Speed up the retirement of mar-' inal and sub-marginal lands for for- ' esting, conservation, recreational saat wild life uses, 4. Retain and expaid the Surplus Commodity corporation to deal with agricultural surpluses by the following ; means: (a). Maintain an ever-normal gran- — cutieeaie oo Export surpluses, using the ex- port debenture and other measures best suited. ‘Would Byproducts (c) Provide new and industrial uses for farm produce with special attention to byproducts. (a) Develop new crops and new markets. (e) Furnish Relief supplies. 5. Protect American markets for American farmers. (a) Establish facilities for con- trolling agricultural imports through permits, such permits to be available only upon showing actual need and | non-competition with American farm products. Rewrite reciprocal treaty law, ; providing ratification by the senate and repeal of most-favored-nation clause. (c) Eliminate much of the agri- cultural free list, basing rates on these items on a revenue basis to prevent‘ (Continued on Page Two) PATTERSON IS HEAD OF PEACE OFFICERS: Bismarck Gets Next Convention; Ask Welford to Broaden Moratorium —— \ Grand Forks, N. D., Jan. 15.—(?)— Warden Dell Patterson of the state penitentiary at Bismarck was elected president of the North Dakota Sher- iffs and Peace Officers’ association at the closing session here Wednesday. The next convention will be held at Bismarck with the summer session | P6ace, at Devils Lake if the board decides! it is necessary. Other officers named were Police Chief Ed Hough of Grand Forks, first vice president; Sheriff R. L. Dierdorff of Minot, second vice president; and Peter MacArthur of Fargo, Cass it, at Bismarck was elected secretary and Oscar Nygaard of Jamestown was re-| tained as treasurer. Insurance Offered Life insurance on the group plan, all Participants to pay the same prem- dum irrespective of age. was offered its members by the association. Adoption of the plan, in which in- surance representatives proposed $1,000 policies to all members, was one of several actions by the association's convention. On state matters, the con- vention recommended: Reenactment of the sales tax as a replacement tax by the next legisla- ture. Ask Moratorium A governor's proclamation waiving interest and penalty on personal prop. erty taxes until Sept. 1, 1936, tater: respond with the recent waiver on de- linquent real estate taxes. Reimbursement for the work of offi- cers in issuing automobile drivers li- censes, This recommendation will be forwarded to the state convention of county auditors at Minot. * Legislative appropriation in 1937 to assure “proper” functioning of the bureau of criminal identification and broad casts. Use of the police broadcast for the detection of criminals instead of a “lost and found” column. | { Detective Sergeant Harry C. Grenshaw of Detroit, Mich., spent four hours: questioning Mrs. Mary Roche Lyons, convicted bank robber, In the women’s reformatory at Shakopee, Minn., in connection with the killinc of Gerald Buckley. Detroit radio announcer, In 1930. She stated she thought her husband, James Lyons, slain by police at South Bend, Ind. had committed the crime, (Associated Reess Photo) ‘Bruno’s Lawyers To Seek Reprieve WILSON FALSIFIED? Federal Judge Denies Writ of INPOST WAR STORY, NYE'S PROBE SHOWS Secret Agi mint Virtuatly Pledged U.S. to Attack Germany, He Says i Weshierey Jan.. 15.—(?)—Chair- jman’ Nye of the senate munitions jcommittee asserted Wednesday that | Woodrow Wilson “falsified” in chron- World war. that he did not know, at the time this secret treaties between the allies f ithe redistribution of Europe. Nye and Senator Clark (Dem.-Mo.) Joined in asserting. that documents they said could not be paiieied. proved both the wartime and his secretary of state, obert Lansing, knew of the treaties. Kept Informed by Balfour “Wilson and Lansing were fully ap- prised by Balfour of the secret trea- ties to which the British were com- mitted.” Nye said. , Clark had charged that Col. Edward M. House, confidential the United States into the war with- out the knowledge of congress. His accusation brought a stir at a |icling some of the circumstances sur- | rounding American entrance into the | preme court or a member thereof for He attacked Wilson's post-war story | advisor to Wilson, agreed to bring; senate hearing that in the main was/| | | country went into the struggle, lington and indicated Habeas Corpus, Citing Other Decisions (Copyright, 1936, Associated Press) Trenton, N. J., Jan. 15.—Bruno |Richard Hauptmann, already 9 two- time loser in federal courts, signed a new application in a federal proceed- ing to escape execution Friday night for the Lindbergh baby murder. His attorneys, visiting him in the ;deathhouse at noon obtained his sig- jnature to a paper the exact nature of which they did not disclose but ‘which was understood to be needed in an application to the United States su- @ writ of habeas corpus. Two defense lawyers left for Wash- that action lor | would be taken Wednesday. Mrs. Hauptmann Visits Mrs. Anna Haupjmann also visited they had read in the state depart-|her husband Wednesday—her next to ment files and elsewhere, but which’ last chance to see the former Ger- man machine gunner—unless Haupt- :mann’s execution should be delayed by court action or by reprieve. They asked her if she intended to ask Gov. Harold G. Hoffman for clemency. “I don’t know what is the right thing to do,” she said. “I will do everything to help Richard. It might be good to see the governor. Bruno is confident and not a bit nervous.” Gov. Harold G. Hoffman announced that he had “reached no decision” on the question of a reprieve for Haupt- mann, Reports concerning a reprieve, con- stantly in the background for several ;80 unexciting J. P. Morgan chose to’ , days, gained wide circulation after a stay away. ! tend redine: ‘Jong night conference of defense coun- rn ran eae tet 8 Earlier the attorney general, near-: marine prob- ; sel. ag nia tans entry in- | David T. Wilentz, said he was “re- to the World war was “scuttled” be. (ably informed” the governor would grant a reprieve. cause of a einuaee Judge Refuses Writ Pledged In federal circuit court here late This agreement, he said, “virtually; Tuesday Hauptmann asked a writ of | pledged the United States to attack) habeas corpus and 68-year old Judge | Germany if she failed to agree to a, Warren J. Davis refused it. Haupt- ene” Peace settlement favorable to the mann asked for a stay of execution. t This, too, was denied. Nye argued that the evidence sup-| Judge Davis said that to grant the ported his “scuttling” accusation. The petition: evidence was in the form of two doc-' er would in effect be overruling the uments, one published for the first court of errors and appeals of this time and the other contained in the state and the supreme court of the} memoirs of Sir Edward Grey. Britisn United States. This would, it seems to foreign secretary, and Col. Edward me, be sheer, inexcusable judicial! president Wilson’s confidential! egotism on my part.” The pes of further re- Documents produced prey had ‘course was voiced by two members of told of efforts to reach an agreement Hauptmann’s five-man legal staff. for German submarines to give notice|Said one, who asked that his name to merchant vessels before sinking|be withheld: them, thus saving lives. 4 on ve ea ag se ad Kaiser Disarming “This decision by Judge Dav! e In return, Recor demanded that end.” said Neil Burkinshaw, Wash- the Allies disarm their merchant ves- | ngton lawyer, who argued the Haupt- sels to prevent them sinking the frail|™ann appeal in the dramatic but brief federal court action: submarines a they arose to give n0-| “rhe only possibility in the world But there came s swift change of [NOW is the United States supreme sentiment late in 1915 and early tn|CUr- eee retet ed ontan teutions| Embezzling Admitted By Andrew Robertson committee was pro-German and the president, of the same mind, took up athe N. D., Jan. 15.—(?)—Andrew W. Robertson, former president of the the issue with Stone. . from House! | First National bank at Walhalla, N. Cabled instructions ended the negotiations for, as it de- D., pleaded guilty in federal «curt here Wednesday to a charge of em- veloped later, he was then discussine | with Sir Edward Grey a peace confer- | | bezgling $420 from the bank in 1930. He is to be sentenced later, Judge} ence which would produce one of two; results. If it did not bring peacg the | Andrew Miller stating he mented fur- ther information. United States probably would join the Allies in war “if Germany was un- Robertson was brought to Fargo cy week ago from South Dakota where ereseeatly, ¥ * ANTON WANNER DIES he had served a five-year sentence for Dickinson, N. D., Jan. 15.—(#)—Fu- | embezzling funds involved in a guard- janship. The Walhalla embezzlement 1n- neral services were held here for An- ton Wanner, 81, retired laborer who died from pne bneumonia, Rites were held! volves the sale of # certificate of in- at St. Joseph’s church. Surviving are! debtedness to the First National ank Mrs. Wanner and two daughters. | of Grand Forks. i \ were “regular fellows” in every sense FDR WILL APPROVE BABY BOND’ BONUS Predict Act Will Be fet Wil Be Passed by Senate With Only 18 Dis- senting Votes PRESIDENT IS STILL SILENT Morgenthau Tells Committee Payment Will ‘Not Help’ U. S. Bond Market Washington, Jan. 15.—(?)—An au- thority high in Democratic councils said Wednesday it was a “pretty good bet” President Roosevelt would sign the senate “baby bond” bonus — ment bill. Preferring not to be quoted by name, this official also predicted the sen- ate would pass the bill this week with only 18 votes or less in opposition. Provided all senators voted, this would be more than a four to one mar- gin for the senate’s coalition substi- tute for the house bill. It would be @ substantial surplus above the two- thirds necessary to override a veto. President Roosevelt, who vetoed the Patman inflationary bonus bill last session, has not made public his at- titude on the present drive for im- mediate payment. After hearing Secretary Morgen- thau say such an expenditure, on top of AAA's invalidation, would “not help” the government bond market, the senate finance committee ap- proved the bill Tuesday, 15 to 2. Only Senators Couzens (Rep., Mich.) and Gerry (Dem., R. 1.) opposed. Morgenthau’s testimony was given in executive session. Couzens quoted him as saying the bill would increase to $11,300,000,000 the “minimum” which the government would have to raise in the next 17% months to meet. its obligations. figure, other senators said, includes $5,800,000,000 of refunding which would not be added to the public debt. The new bill bears the names of Senators Harrison (Dem. Miss.); Byrnes (Dem., 8. C.); Stelwer (Rep., Ore.) and Clark (Dem., Mo.) and pro- vides for full payment of the bonus certificates beginning next June 15. Under present law payment is not due until 1945, ‘DISTRICT GOVERNOR SPEAKS 10 ROTARY Foster M. Kienholz, St. Paul, Is Honor Guest at Wednes- day Luncheon Foster M. Kienholz of St. Paul, gov- ernor of the ninth district of Rotary International was the guest of the Bismarck Rotary club and the speak- er at their weekly luncheon Wednes- day noon at the Grand Pacific hotel. Discussing the activities of Rotary clubs both in the United States and throughout the world, Kienholz as- serted that the activities of this and similar organizations may some day constitute the “magna charta of peace on earth and good will to man” be- cause they constantly are promoting better understanding. Rotary, he said, now has 3,899 clubs with a total membership of 163,000 business and professional men spread throughout the world.’ Each club is striving for the same ends, he said, and is assisting in promoting a better Mandan’s tiny twins, a boy and a girl, whose brief span of life so far is reminiscent of the famous Dionne babies, not only were still alive Wed- nesday but had cried with sufficient vigor during the night to keep occu- pants of the household awake. The babies, a boy and a girl, were born Sunday to Mr. and Mrs, Frank Muth of St. Anthony, in the home of her brother, Matt Goertle. At first thought to weight about two pounds each, the babies were taken out of their improved incubator long enough to be weighed for the first time Tuesday afternoon. Théy were found to tip the scales at exactly 2 pounds, 13 ounces each. Measuring only about a foot, the babies do not occupy much space in their incubator—a home-made affair. An ordinary baby crib has been lined with papers and blankets and the heat is furnisted from mason jars filled with hot water. Premature by two months, the ba- bies are fraternal twins and both were born at the same time. By “fra- ternal twins” is meant the develop- ment of the babies from separate cells MCAY OUSTED AS FIRE MARSHAL BY ORDER OF WELFORD John 0. Quinn to Direct Office, Until Successor Is Appointed J. H. McCay, state fire marshal since July, 1933, Wednesday was removed from office by order of Gov. Walter Welford. In a letter to McCay, Welford noti- fied him his services were to end at once, and directed administration of the office be turned over to John ,O. Quinn, assistant state fire eration who will act pending appointment of & successor to ‘eas: yaar} removal as “de facto” fire | marsh) ended ths of speculation over probable aci by the governor in the department. Reports McCay would not be re- appointed to the office circulated through the. capitol last July, when his two year term expired. He con- tinued to serve, without formal re- appointment by Welford. McCay revealed receiving the let- ter, but refused to comment on its contents until he had “conferred” with Welford. Following the confer- ence, McCay said he: might “have a statement to make” expressing the belief the removal “wasn't according to Hoyle.” Appointed under former Gov. Wil- liam Langer, McCay, whose home is at Selfridge in Sioux county, has been an open supporter of Langer since that time. Quinn also is from Selfridge. SMALLPOX EPIDEMIC FEARS ARE SPREAD x Bowman County in n County in Southwest Hardest Hit With Nine Cases, One Death — St. Panl, Jan. 15—(?)—An out- break of smallpox in eight north- Minnesota counties was Dakota National Bank Returns Old Officers No changes were made in the man- agement personnel of the Dakota Na- tional Bank and Trust company at the annual meeting of the board of directors here Tuesday. J. E. Davis was re-elected president, J. P. Wagner was returned as cashier and A. A. Mayer and Miss H. E. = were renamed assistant cash- TATLNgh all meetings of the fed- eral reserve banks are regularly set for the second Tuesday in January, the meeting of the First National bank was indefinitely postponed because the board lacked a quorum to transact business. BRITAIN EXPECTED TO PUSH SANCTIONS AGAINST ITALIANS Laval Keeps Hands Off Trouble! as He Rebuilds His Do- mestic Fences (By the Associated Press) Great Britain's cabinet convened ‘Wednesday to decide whether For- eign Secretary Anthony Eden should be instructed to support fresh penal- ties against Italy at the League of Nations council session next Mon- day. Authoritative sources predicted that when Eden arrived at Geneva he would carry pledges ‘of British poh ie in further sanctions the aggressor nation in the grt ‘african war. A third nation dispatched a formal [ema oe ua, for Fascist bombings ian aerial attacks when the Swedish minister presented a note at ine Swedish government, following the examples of Emperor Haile Sel- and the Egyptian government, the bombing at Dessye Dec. 30 was a direct attack on a Red Cross ambulance. One Swedish subject was fatally injured and another wounded. Sweden Asks Accounting Persons responsible for the air raid are expected to be taken to account, western disclosed Wednesday when re- |Sweden told Italy after rejecting a ports received by the state board | Fascist declaration the assault was in of health showéd: a total of 54 /reprisal for Ethiopian violation of cases ‘reported from that area since Dee. 1. Danger of a smallpox epidemic in southwestern North Dakota was feared Wednesday as Dr. Maysil M. Williams, head of the state health de- partment, pointed out that 19 new understanding. Tells of Convention Commenting on the convention at Mexico City last June, Kienholz told a friendships formed there with Col ict governors from Siam, Sout \ ni ‘The first death Africa, Japan, Paraguay and other | countries. ‘The experience diminished cu Tee Ss ae. own provincialism, he said, be-: cases were reported cause he learned that all of them | yetiiveer sousie and three in ae {bringing the he toual to to 29 in'the state. of the word and as devoted to the three counties al- Ideals of Rotary as he himself was, |", scion to te Rotary, he sald, is not a | for all the ills of the world but it is! and canbe a means of eliminating: 5 understandings, often before they neaith officer, warning: a start, and of settling troubles after they have started. For example he cited the recent Paraguay-Bolivian war which was jended by the negotiations of a com- mission consisting of two men from each country. Both of the Paraguay- an delegates were active Rotarians, he said, and one of the Bolivians was an honorary member, He expressed belief that the principles of pargeldy consciously or unconsciously, en' into the settlement of a useless ee fitet. Compliments Local Club Kienholz complimented the local club on its large percentage of long- | time members and its excellent rec-' ord. Asking for s continued good ; from the Gladstone area and smallpox | attendance, he pointed out that only| cases were found in Billings county those who come can receive the bene-' not far from the Stark county line. fit of the fellowship and mutual in-| Spread of the diseases to epidemic struction which the club offers. proportions is “extremely remote,” the Among matters of interest called | official reported. to the attention of local clubmen = were the annual good. will meeting of KAISER ‘FIT AS A FIDDLE’ the Winnipeg club on Feb. 22, the| Doorn, the Netherlands, Jan. 15.— district conference at Duluth on May | (?)—Former Kaiser Wilhelm was des- 18 and 19 and the International con- | cribed Wednesday as “fit as a fiddle” (Continued on Page Two) and busy eutting wood. é cases and one death have been re- smallpox at present in Burleigh coun- ty and consequently no cause for fear here. ‘ome cases of contagious diseases) in Stark ment officials reported after a survey of the district. Scarlet fever has been reported, international laws of war. From Addis Ababa came an official Ethiopian report of a surprise en- gagement by Ras Seyoum’s troops against an Italian detachment Jan. 2 in, which 65 Italians were killed. Premier Pierre Laval of France per- sisted in his “wait-and-see” policy on war settlement proposals as he moved to strengthen his domestic position aod & political uae in the Radi- cal Socialist The coming sensions of the league council at Geneva will probably re- institute discussion on the suggested oil-coal-iron-steel embargo, London sources forecast, if the council can agree such @ measure would be effec- tive against Italy and the members give their approval. Long Distance Phone Rate Cut Is Approved Approval of reduced Sunday long dictance toll rates and establishment of a new night rate on person to per- son calls, effective Wednesday in North Dakota, was announced by the state railroad board. The reduction was sought by the Northwestern Bell Telephone company. Under the new toll rate, night rates effective be- tween 7 p. m. and 4:30 a. m. daily will be continued throughout Sunday. r| Minnesotan Suggests Olson’s Impeachment St. Paul, Ja 15.—()—Impeach- ment of Gov. Floyd B. Olson and Mayor Thomas E. Latimer, Minne- polis, was referred to Wednesday by Rep. W. R. Youngquist, Minneapolis,’ during a discussion of the vexing re- Uef problem before the house appro- priations committee. “When you have a governor and & mayor who call out the soldiers to, Byrne of keep people from working it’s un-/| thinkable,” said Youngquist. “I think the people ought to impeach them.” vs : Mandan’s Tiny Twins Lusty | Enough to Keep Folks Awake -|Tipping Scales at Slightly Over Two Pounds, Boy and Girl Are Kept Alive in Home-Devised Incubator, Warmed by Water rather than from a single cell as in the case of “identical” twins. In constant attendance is the nurse, Mrs, N. H. Woehle, who lives at 319 Thirteenth St. Bismarck. No one else except the parents is allowed to see the babies in order to give them every chance to overcome natural handicaps due to their diminutive size and early birth. Dr. H. A. Wheeler of Mandan, the attending physician, believes that at present the babies have every chance to survive, Mrs. Muth is 35 years old and had five children before the twins. MANDAN RUM LAW BREAKING WINKE AT, LAWYER AVERS Gallagher Charges State Offi- cers With Laxness in En- forcing Laws Fargo, N. D., Jan. 15,— (?) —A charge that state officials “not only are overlooking liquor law violations in Mandan but they are actually en- couraging them in order to keep beer parlors open and thus get more rev- enue,” was made in federal court here ‘Wednesday by R. F. Gallagher, Man- dan attorney. Gallagher was appearing as counsel for John Winbauer, Mandan beer parlor operator, who was hailed be- fore Judge Miller for selling liquor in violation of a probation order issued by Judge Miller. ‘Winbauer pleaded guilty during the Bismarck term of federal court to a charge of possession of untaxed juor, ane Miller revoked the probation ic iima cee a fine of $250 and costs. NATIVE GITY WILL HEAR BLIND PIANIST ‘Mickey’ Dobbin, Born in Bis- marck, to Be Feature at Lions Club Party “Mickey” Dobbin, blind pianist who was born in Bismarck, will play a concert here on Jan. 23, it was an- nounced Wednesday by a committee of the Bismarck Lions club under whose sponsorship he will appear in his native city. Members of the committee, com- posed of G. A. Dahlen, Judge I. C. Davies and Alvin Strutz, have ar- @ Ladies’ Night dinner and entertainment with Dobbin as the main attraction. Dinner will be served at 6:45 p. m., Jan. 23, in the Lions den at the Grand Pacific hotel and will be followed by the concert. The blind pianist was born in Bis- marck Dec. 1, 1914, and is now 21 years old. Became Blind at Four When four years old he lost his sight and two years later was sent to the state school for the blind at Bathgate, from which he graduated at the age of 16 as the valedictorian of his class. At an early age he showed an antl: tude for music and { graduation won a scholarship S nich enabled him to study in New York for a year under Basset Hough, a noted instructor. Returning to Minneapolis, he stud- fed under Dr. Francis Richter, one of the northwest’s best-known musicians, who had studied under the best teachers in Europe. Dr, Richter also is staff organist for radio station KSTP at St. Paul. Dr. Richter, who also is blind, took an interest in the boy and has done {much to establish him as a concert artist. Must Make Reservations This is the boy’s second year on the concert stage. He already has ap- the| peared before students at most of the colleges in the northwest and in several large North Dakota cities. Support of the blind is one of the main national activities of the Lions club, Dahlen said, and the local club is happy to take an active pert in the work by presenting Dobbin to a Bis- marck sudience, Any ‘persons who wish to hear Dobbin are invited to attend the din- ner, he said, and it is expected that club will extend special in- vitations to their friends, Persons ex- pecting to attend are asked to get in touch with one of the committee members, he said, that they may know in advance how many persons are to be served. BYRNE APPOINTED Washington, Jan. 15.—(?)—Robert Bismarck Tuesday was offi- cially appointed director of the youth administration in North Dakota to | succeed B. A, Willson. The Weather Cloudy tonight and Thursday; with | snow flurries tonight; not so cold. PRICE FIVE CENTS rash of Airliner LUXURIOUS PLANE BURIES ITSELF IN ARKANSAS SWAMPS Wreckage Strewn Over. Wide Area; Bodies Mangled Be- yond Identification IS WORST PLANE DISASTER Transcontinental Ship Reported Perfect Flying Few Min- utes Before Crash (Copyright, 1936, Associated Press) Goodwin, Ark., Jan. 15.—(?)—Rem- nants of 17 bodies, victims of Amer- ica’s most disastrous airplane catas- trophe—were recovered Wednesday from Arkansas marsh country where they crashed to death Tuesday night in “The Southerner,” luxurious Am- erican Airlines transcontinental ship. There were no survivors. Coroner J. C. Crawford held that the 14 passengers and crew of 3—12 men, four women and a child—died “by accidental airplane crash.” A department of commerce official Predicted the cause of the disaster probably never would be known, raed last of the bodies was brought Mf the swampland Tuesday morn- ie a flatbed wagons drawn by mule3 struggling in deep mud. All Removed to Memphis All were removed to a Memphis funeral home where it was hoped definite identifications could be made. Resuce workers, who found bodies strewn over an area 400 yards long and about 75 yards wide in a water filled bog, left the wreckage as it was for a study by Jack Janes, Fort Wortn division airpline inspector for the de- partment of commerce, Plane and bodies were torn to bits as the liner crashed through a dense growth of trees. Carry Coroner to Scene J. C. Crawford, aged, crippled cor- oner of St. Francis county, was car- fred on a stretcher through the swamps to the scene before dawn to hold an inquest. He returned a ver- dict that all 17 died “by accidental airplane crash.” Two farmers appeared before Cor- oner Crawford's swampland inquest to tell of seeing the twin-motored Doug- las plane descend into the woods shortly before 7:30 p. m, Tuesday night. Gaylord Dover of Palestine, Ark., testified he was walking along high- way 70 when he saw the liner flying rather low over the adjacent woods. “The motor didn’t sound right,” he said, “Suddenly, the plane dipped down into the trees. The motor quit, and the ship disappeared.” Heard Motor Sputter Glenn Williamson, also of Palestine, said he was reading at his home when he heard “the motor sputter,” and looked out a window. | “I saw it dip into the timber and crash,” he said. Lake Littlejohn, air inspector for the department of commerce, said he be- Meved it would be “practically impos- sible to fix the cause.” Postal officials from Little Rock gathered up what they could of the mail scattered through the woods and, after weighing it, sald they thought all of it Had been recovered. “We tried to get in with wagons, but they bogged down, so we went into the woods on foot,” said M. E. Davis, one of the first to reach the scene. Begin to Find Pieces “About three miles east of Good- win, we began to find bits of canvas on the ground, then pieces of metal. and we knew we were on the right trail. “We followed these clues and saw where the trees had been torn up and we picked up bits of plane for a dis- (Continued on Page Two) RIGHT OF FOREGOING JURY OF 12 UPHELD Judge Jansonius Rules Defend- ant May Waive Constitu- tional Guarantee A defendant's right to waive trial by a jury of 12 peers was upheld in district court here Wednesday by Judge Fred Jansonius. Ruling on a writ of habeas cor- pus, through which Clarence Kort- gaard of Renville county sought his release from the state penitentiary, the judge said that “where a defend- ant freely and willingly waives, he {should not afterwards be permitted to ‘repudiate his own choice.” During Kortgaard’s trial before Judge C. W. Buttz on a statutory charge, one of the 12 jurors became violently ill and was excused. The trial proceeded with 11 jurors and a verdict of guilty was returned. In the opinion handed down Wed- nesday, Judge Jansonius quoted the testimony, taken at the time of the trial, in which assented to the continuation of the trial after the one juror became sick. The court brought out decisions in other states where the. practice was that “a defandant could waive his constitutional right to have a panel of 12 jurors, and that the verdict and judgment of the jury so constituted is not void.” “It is my opinion an acquittal by the jury of 11 would have exonerated the defendant,” Jansonius said. “The jury having convicted the defendant \the same rule coe apply.” we