Wilkes-Barre Sunday Independent

              COMPANIES AGAIN SKIP COAL PRICE INCREASE
^
A Paper For The Home
SUNDAY INDEPENDENT
Weather
Sundfty;   Mostly oieudy. probckhly shower*.
Monrtdy: Showers.
FORTY-FOUR PAGES
WILKES-BARRE, PA., SUNDAY, JULY 81, 1938
PRICE TEN CENTS
An Almost Treeless Public Square  Was Center Of Wilkes-Barre Business District in  the ISSO's
HARLAN JURY READY TO QUIT
State Ready to Name Graft Probe Committee
Speaker of House to Make Selections Over Weekend; Earle Sijfns Needed Bills; Judg^e Sheaf fer Says Jury \\"\\\ Meet
RATE WAR IN EARNEST
First Time Spring Rise Missed; Sales Boost Expected; Called 'Necessary'
Larksville Employees Seeking Government Doles
Full Extent of Mess Unknown With No School Audit Since 1933, New BorouR:h Controller unable to 'Meddle' with Records
Buildings Have Twice Changed— All but One
Harri.sburg. July 29 (UP)—A legislative committee, authorized by a special legislature to investi¬ gate graft charges against the ad¬ ministration of Gov. George H. Earle in Penn.sylvania, is expected to be named over the week-end, it was   indicated   tonight.
The Democratic-controlled Gen¬ eral Assembly, called into extra¬ ordinary session to throttle a pro¬ jected grand jury investigation of the activities of the chief executive and 1.3 of his political associates, enacted the necessary laws in six legislative days for the legislative mquiry. —"
To Name Cnniinittec
i an investigation would he a mere ; "whitewash" of the charges in¬ volved. Legislative maneuvers to have public hearings held on the measures or send them back to committee for further considera¬ tion were all in vain, ilcipito the assistance of several Democratic members. Sones Altaekft >lP«»iire»
One Democrat in the Senate. Charles W. Sones, of Lycoming county has charged the measures wouH "destroy the gr.nnd jury system and subject our citizens to
, the    merciless    dictation    of    un-
j scrupulous politicians."
:    Sen.  Anthony  J.  Cavalcanle.  in- i
E BLOW AT TAMMANY LEADER
Hines Only Defendant Not to Turn State's Evidence
New Yor. July 30. (UP)—J.' Richard (Dixie* Davis, dapper young attorney who was known as lhe "mouthpiece" of the .$100,000.- 000 "Dutch Sohultz" lottery racket, WUK released today from the Tombs,   where    he    was    awaiting
Report Disagreen>ent h Less Than 7 Hours After 11 Weeks of Hearing Testimony; Sent Back by Judge
London. Ky. July 30. (UP) — After deliberating less than seven hours, the jury in the Harlan coai conspiracy trial reported tonight it was unable to agree and was ordered by Federal Judge H. Church Ford to resume deliberations Mon¬ day at 9 a, m.
Judge Ford had given the case to the jury of farmers and small tradesmen at 2.20 p. m. (CST) to- day after 2,225.000 words of testi¬ mony and argument during 11 weeks  of trial.
At   9:0."!   p.   m..   the   jurors   filed into the courtroom and announced they were unable to agree. Seemed  Ready to  Quit
Jury   Foreman    L.    F.   Johnson
trial,    after    he    agreed    to    turn
state's  evidence  against Tammany first  whispered  to  Judge  Ford  at
Leader James J. Hines. the bench when the jury  filed in.
Davis'   release,   on   an   order   of Then   stepped   back   into   the   box
Four enabling laws were rushed, dependent    Democrat    of    Fayette   Supreme  Court  Justice   Ferdinand and announced;
through  the  legislature  early  Sat-   county.' supported   the   Republican   Pecora,   was  a   result   of   his   plea "It don't seem that we are going
urday  and   sent   to  the   Governor,   minority   charging   the   legislation   that he "feared  for his  life" after to agree."
who    almost    immediately    affixed  would "completely paralyze the ju-   he  mad^ a dcal_wit^h  District At- "1   am   not    mrprised   that   you
Deplorable conditions are report- bond i.ssues, a practice continued ed In both the achool district and until 1924 when the town was so borough affairs of Larksville. but heavily in debt that councllmen the borough government has had were forced to default on payments, the    majority   of    violations.    Bor-' ^ job for Everybody
A determined effort on the part of main line coal companies of the anthracite region to compete with smaller operators who "chisel on prices," brought forth the an¬ nouncement last night that retail breaker prices will not increase to¬ morrow. To take care of the ajinual "spring reduction of 50 ton on domestice sizes, price crease of 25 cents per ton has been customary on July 1 and August 1.
Frank  Wagner, general manager of   Lehigh   Valley   Coal   Company,
ough manager or some other form of government appears to be about the only solution which can clear Larksville of debt and place affairs on a firm foundation.
In   the  school   district  there   has not  been  an  audit  since   1933.  and according to officials, the fault has      been with the controller.   He is ac¬ cents   per  cused   of  having   refused   to  audit in.   the   school   accounts   after   having been given permission annually.
The last school board audit was made in July. 1933, and was for the 1932-33 school  term. 'William  Roan.
Practically everybody who had a friendly smile for a councilman or could swing a vole in the right di¬ rection was given time on the bor¬ ough streets or some reimburse¬ ment.   Borough   order.s   flew   thick
and  fast,  even  though   insufficient ; supplanted the horse cars as busses money was in the treasury to meet   come, payments.    The   result   was   added   One Building  Remains indebtedness. j     However,   most   of   one   of   the
Borough orders became as value- ; buildings   shown   still   remains,   in
So this was Wilkes-lJarre. A stern iron fence surrounds its Public Square, then almost de¬ nuded except for the court house in the center, which now is stately with     lovely    trees    which    have
sprouted and towered and grown his signature to the measures. The dicial arm" in all the hundreds of tornry Thomas E. Dewey to tcsti-, have been unable to reach a verdict old since the above picture was house passed a resolution specifi- cases involving misdemeanor in, fy against Hines. I in this short time." Judge Ford re¬ taken somewhere in the 1860's. i cally providing that a sevcn-mem- offico of election officials, school Hines. the moat powerful in- : plied. "In a complex case of this Gone, too, is the horse car pic- j ber committee be named by the ^ directors, township road supervisors dividual Tammany boss, is now one nature it is evident you will requir* tured above as it enters the Square I speaker of the House to conduct and others. of two remaining defendants among a greater time for deliberation." from South Main street which ex- j the probe. Speaker of the House A Dauphin county grand jury is the nine persons indicted in He then ordered the jury to re- tends from the right hand edge, ' Roy E. Furman of Greene county scheduled to open hearings Aug. 8 Dewey's exposure of the lottery tire lo its quarters and return Mon. with the camera having faced into is expected to announce the mem- on the charges preferred iisninst the eastern side of the Square and   bers  of the  committee  this  week- the Governor and his associates by
end.     The    legislature    reconvenes Republican   District   Attorney   Carl
next Tuesday. B. Shelley.  Shelley was silent today
The Republican minority in both <"i   »n.v   further   legal   moves   he
chambers   had   sought   throughout nwgM take.   He  declined  comment
the week to head off enactment of "n the laws enacted by the Icgi.s!:*-
showing also the edge, at the left, as East Market comes in. . . . Go¬ ing now are the electric cars which
the laws on the grounds that such
less as German marks after the World War. with people even burn¬ ing some to rid the house of the waste  paper.  Light  bills  went  un¬
said last  night that the  agreement ' ofDcial auditor, was paid .$487.50 for   paid   along   with   water   bills,   bor-
to retain spring prices will be new in the annals of the anthracite in¬ dustry.    He  stated,  moreover,  that the move is necessary. Olen Alden Busy
Collieries of the Glen Alden Com¬ pany worked five days last week |and  will  be  in  operation  again  lo- j fulfill the position. Whether or not
the work, a sum never equalled be¬ fore nor permitted in after years.. Tljis appears the reason for neglect. TVfter the 1933 term, directors f the   school   board   annually   appro-
ough employees and every olher bill which officials thought they could pass by for a year or two.
Affairs  became so  bad  that  the public  was   forced   to  take  action.
: priated $150 in the budget for the ' Councilinen were taken into court, i controller and he  in turn  failed to
hia  salary   for  the   past  five  years has   been   paid   cannot   be   proven until a statement is made public. Brennan Stymied
Affairs of the school board arc up-to-the-minute, so it ia stated, although verbal reports are only available to prove it. Where is the concerns audit of other years? The present standard controller. Paul Brennan. will not be allowed to check the records and money is not appropriated for such work. Officials claim he has no right to "meddle" in back years.
During the past two months there has been a move on foot to , surcharge and oust school directors. Money was paid into a fund for increase of 25 cents employing an attorney and petition- ' ing the courts for action, but some¬ thing happened. The ambitions of would-be surchargcrs have ebbed before their grounds for ouster were even made public.
With the borough, things are dif¬ ferent. Larksville borough has not been out of the red since it was incorporated in 1909. Officials of that   time   started   out   by   floating
'morrow. The company is optimistic and expects the market to be great¬ ly stimulated. Expectation of a price increase bolstered sales con- lidcrably and. now that the In¬ crease will not come at this time, a further  spurt  looms.
"We have suffered losses because of   activities   of   smaller that    did    not    hold    to prices." said Mr. Wagner, "and now have agreed that the only sensible thing   to   do   is   to   compete   wit.i them.   There   is   no   use   in   raising the price of coal when, at the aame time,  it  is giving  the  little  fellow a chance  to  undersell  us." Kesiilt of Price War
The July 1 has not been levied and tomorrow will mark the second month that a similiar increase, which was ex¬ pected, will not be added to the price of coal. Price on carload lota will go up. from 15 cents to 25  cents,   however.
For the time being, consumers In this territory will buy anthracite at spring prices. Ju.st how much longer the .50 cent reduction will hold, however, depends on action of  the  smaller  companies.
A price war has been waged throughout this region for some time, with major companies find¬ ing it difficult to meet the com¬ petition. Agreements have been totally disregarded, practices of some operators drawing the ire of others.    Up lo this  time,  however
surcharged and forced to pay back
some   of   the   moiiey.    A   worthless
check was issued as payment, one
(Continued   on   Page   A-8)
Diamotul Zipper For the Duchess
Paris, July 30. (UPi—The world's first and only diamond zipper, worth about $6,000, has been taken to the Riviera and likely will be ahown to the Duchess of Windsor as a pros¬ pective customer, it was report¬ ed  today.
The zipper is composed of thousands of liny diamonds. Fashion experts said it is des¬ tined to become a part of what eventually will be the world's most   expensive   dress.
The zipper was made by a Place 'Vendome firm whose work¬ men spent weeks setting the diamonds in place. When put on a gown, it will extend from the neck to the waist. In try- outs it opened easily and silently.
the three-story brick structure ex¬ tending from the "Bristol House" to the two-story frame building at the right. This building, which then held Constinc's Market, Marx Long's store and an establishment which provided "Gold & Silver Watches Clocks, Jewelry and Toys," still stands and is in steady use. It is occupied by the May¬ flower and Boston sweet shops. That section of the building with the three sections of windows at the left is gone.
The "Bristol House" gave way to a building which housed the Globe Store until recent years. The building is now occupied by several first floor shops, with WPA offices above.
The handsome brick home to the left of the "Bristol House." then the Slocum homestead, is on the site of the First National Bank while, next to the left, in the one- story white building, was Leaven¬ worth's coal office. Twice Changed
The low buildings at the corner of East Market, at the extreme left of this picture, first were removed to make way for Coon's depart¬ ment store and that went to make room for the Orondo building. To the right of this is the but recently
OF PLYiUTH
Active Civic Worker Spent Many Years In Newspaper Circles
James J. Shanley. one of the most prominent and active resi¬ dents of Plymouth, died at Mercy Hospilal last night at 11:45 oclock following a lingering illness of many months. The condition of Mr. Shanley gradually became worse until last night, when he was called to his reward.
Born in Ireland, the esteemed resident of Plymouth migrated to this country more than 80 years ago and settled in Plymouth. He flrst worked around the mines until newspaper  work  attracted  his  al¬
lure.
Alarglotti Made Charges
The grand jury probe grew out of campaign charges leveled against (governor Earle and other state officials by former State At¬ torney (jcneral Charles J. Margiotti who sought the Democratic guber¬ natorial nomination on a "midd'e- of-the-road" platform at the May 17 primary. Margiotti was dismissed by Governor Earle after the former refused to retract accusations leveled at the administration during c.nmpaign talks. Charles Alvin Jones. Pittsburgh attorney, who had the support of the regular Demo¬ cratic organization, was chosen ns the party's standard-bearer for Governor at the primaries in a hard  fought  (ampaign.
The committee which is to "bring out into the open" charges against Governor Earle and others will consist of five Democrats and two Republicans.
The grand jury probe waa author¬ ized by Berks Couniy Judge Paul i N. Schaeffer. specially presiding in the Dauphin county court. Three Republican county judges asked to be relieved of connection with the (Continued  on  Page  A-8)
racket, who will go to trial Aug. 15 without having committed him¬ self to turn state's evidence. The olher is Martin Weintraub, a lawyer.
Hope Dare, who lived with Davis in a Philadelphia hideaway—al¬ though the attorney had a wife liv-
day to resume deliberations. He instructed the jurors to refrain from discussing the case or at¬ tempting to reach a verdict on Sunday.
When the jury reported, it had been considering the case for five hours and  14  minutes.    EUarlicr in
Ing in New York al the time—waa  the evening, it had recessed briefly reported to have agreed to persuade   for supper.
Davis to "tell all" in return for par¬ tial immunity. SenNations Certain
Davis waa permitted to leave the Tomb.s on many occasions for 'med¬ ical treatment" and was later found to have visited Miss Dare, a red- haired showgirl, in the company of two of Dewey's  detectives
Last night Davis notified Dewey that  the  "deal  was  on,"  and  that
XsU. Separate  Verdicts
London, Ky., July 30. (UP)—The Harlan coa! conspiracy cases were given to a jury of farmers and small tradesmen who heard 2.250,0u0 words of testimony and argument during   11   weeks  of  trial.
Federal Judge H. Church Ford handed the jury prepared forms and   charged    them    to    bring    in
he would plead guilty and tell all '. separate verdicts for each of the he knows of the powerful under- M corporations and individuals world ring which operated under charged with conspiracy to thwart apparent immunity. constitutional   rights   by   opposing
Today Assistant District Attorney , union organization in Ihe coal fields Charles    P.    Grimes    went    before   of  "Bloody  Harlan"  county. Justice   Pecora's   court   and   asked   L*ft up to Jurors
there   had   been   little   thought   of  early  today  joined   14  ships  in  an
lowering  prices on  coal. ; apparently  hopeles.s  search  for  thej
Pari   nf  Needed  Tonic ¦ '''150.000 flying boat. Hawaii Clipper,
The agreement to maintain spring "'hith vanished Friday wilh prices is part of a plan suggested ''^^^l'.\'?'^|;^,J'"j'„.*.'';['f.^^^, "/.."jl^*'; by some operators to clean up ills
Add Planes to Hopeless Search For Lost Hawaiian Clipper
Manila, P. I., July 31  (Sunday)—{contained gasoline as well as lubri-
left   by   liners
torn down three-story brick house
last  occupied   by   Kearney's   Cigar j tention.
Store and the Gem Lunch.    These  Turned to Newspapers
are being replaced by the entrance      x  distributor  of  weekly  papers,
to the new theatre while, to their  jjr   Shanlev soon became  a  bona-
right,    the   high   building   of   the   fjde member of the Fourth Estate
Deposit   and   Savings   Bank    now i and    became    a    writer     for     the
stands.     In   between   that   building : ximcs-Leader.   He   later   was   em-
and the  present,  another building,   piovcd for the Wilkes-Barre Record
fi...     t„.    ha„b.     =nH     .!,„„     ,_-    .u.     ^^^   ^^^^   .^   ^j^^^^^   ^j   ^^^   PlymOUlh
Corrigan Gets His 'Punishment*
lUP) —Seven army and navy planes | eating   oil.     Slicks
contain only oil.
If. as the Meigs' findings seemed
lo indicate, the clipper crashed and
sank, it would be the first disaster
involving   the   loss   of   passengers'
•Army and navy authorities were   lives   aince   Pan   American   began
of the anthracite  indu.stry.      They   P'a'-t"'all.v   convinced   an   oil   and; its    trans-Pacific    service    nearly
feel   that   if   prices   of   small   con-  sa.soline  slick  found  on  the  ocean j two years ago.
cer'is arc matched, thereby taking  about 620 miles east "f/he Ph.l.p- ! «„„ „„,« Hope
an advantage away from operators   Pmes '"<^>^«'^^^„'J'^'/.';* P'^"* '^''''i     Pan American  officials, however,
(Continued   in   Page   A-8i , cra^shed and gone  to the bottom^    I
Three    army    bombers    took    off
first   for   banks   and   then   for  the Savoy Theatre, was on this site.
This picture, owned by Mrs. Blanche B. Keller. 42 State street. Larksville. won first prize in Lazarus old photograph contest. Other pictures entered in this con¬ test and of extereme interest to all present residents of Wyoming Valley, will be published by the Independent each week.
CHINESE PREPARING TO LEAVE HANKOW
I Watch That Red Light!
Molorisls wiio travel Kingston borough's new Market street boulcvaril are invited to get acquainted with the new signal light al the intersection of Dawes Hveiiiic near the we.stern aiiptoach to the Market street bridge, lest Kingslon police nab an unsuspecting violator in the future.
Last week. Wesl Side authori¬ ties placed the new .signal light ne:ir the entrance to Kirby Ps-rlt and immediately the police de- !).Momcnt in the municipnlily l^Mm'-cd a crusade on reckless d'ivin?. u.-.ins the now light as a "deco;-." Numerous arrests -^vc  been   made.
did not give up hope. The slick, they said, mighl have been caused by the clipper dumping gasoline and oil preparatory to a forced landing.    The   ship,   they   pointed
Shanghai, Sunday, July 31 (UP) —The Chinese government admit¬ ted for the first time today that Hankow, the provisional capital, was endangered by steadily ad¬ vancing Japanese  armies.
The Chinese government hasten¬ ed    preparations    for    removal    to
out. carried emergency rations of i Chungking, about 400 miles fur- food and water sufficient to supply ther up the Yangtse and known the 15 passengers and crew mem- traditionally as China's "Inner bers for 15 daya.    It carried three   Capital."
10-passenger   life   rafts. United   Slates   Ambassador   Nel-
But    the
emergency _ _ _^      „     	
which the survivors, if any, might ¦ foreign diplomats were expected to   Back  Mountain section
section for more    than 25 years.      |
He also wrote copy for the Merrv World, a newspaper founded by the late Mayor Daniel Hart.
Deceased can really be classed as a pioneer of Old Shawnee and was one of its strongest supporters. He was an organizer of the Cham¬ ber of Commerce and also served as secretary for several terms. i
Mr. Shanley .vas a member of the Knights of Columbus, Plymouth Eagles and Holy Name Society of St. Vincent's Church. He ia sur¬ vived by his sister. Mrs. Bridget Flynn, 201 East Main street, wilh whom he lived, arid several nieces and nephews. A  Progressive Citizen
Active in community affairs, government and industrial prog¬ ress, he spent much of his lime seeking improvements for Ply¬ mouth. He was a sponsor of the movement for boulevard lights on Main street, and was one of the most active and influencial citizens to seek the Narrows Road improve- .ment between Plymouth and Kings
army from    Tacloban     and    two     from ¦ Nichols    Field.   Manila,    lo   search radially the area around the slick.
Two navy amphibians hopped oil from Cavltc to fly eastward as far ns their fuel supply permitted. Flotilla Makes .Search ' Slightly north of the course taken by the U. S. army transport Meigs when it found the slick—and noth- ' ing more—was a flotilla of naval craft steaming in formation on a 50-milc front.
Capl. Leo Tcrlletzky, before silence enveloped the clipper, re¬ ported at noon Friday that il was about 665 miles cast of the Philip¬ pines, flying through rain in rough air at 9.200 feet. The message gave no hint of trouble.
The Meiss' detailed report seemed   hours after Captain Tertlezky made   reinforcements.     'Strong    detach-   industries   lo   PIvmouth   lo   replace to dash  early hopes that the float-   his   la.at   report.    Two   U.   S.   Navy   ments   of   Japanese   were   said   lo   lost employment.
Washington, July 30. (UP)~ The Bureau of Air Commerce today imposed a nominal penally on Douglas O. Corrigan. the fly¬ ing Irishman who headed for California bul landed in Dublin after crossing the Atlantic in a .SOOO airplane. . . . Some say it was  .WIO.
Imposing as gentle a repri¬ mand as possible, Acting Secre¬ tary of Commerce J. Monroe Johnson ordered Corrigan'a pilot certificate auspended for five days.
Under thp order, the suspen¬ sion will be lifted by August 4 —permitting the California pilot to carry out his plans lo visit U. S. cities in a cross country junket when he returns to Ihis country next week.
Some action was ftecessary be¬ cause Corrigan. when he look off from Now York July 17 to fly the Atlantic, did so without authorization or consent of the Bureau   of  Air  Commerce.
for   Davis'   release   "in   custody   of the   district  attorney."
Davis agreed to turn state's evi¬ dence after Justice Pecora had re¬ fused three times to sign orders permitting him to obtain "medical treatment" outside the cily jail. On Previous occasions when he went to gel medical aid. he had turned up at Miss Dare's apart¬ ment. Bad Blow to Hines
The capitulation of Davis was regarded as a blow lo Hines' de¬ fense. The Tammany leader—one of Inore than 60 district "bosses" but long reputed lo be the "power behind the throne in Tammany Hall" will be tried by a "blue ribbon" jury to be drawn Monday from a panel of 1.800 names of property owners.
One of the mystery figures in the case will be Mrs. Martha Davis, wife of the indicted attorney, who had staunchly refused to give any information about her husband's whereabouts while a nation-wide search was conducted for him.
When he was found In a West Philadelphia apar'ment houae last February, disguised in a mnust.iche and 20 pounds extra weight. Mrs. Davis still loyally refused to be¬ lieve he had been unfaithful lo her - in spite of newspaper reports that Miss Dare was with him when he was captured.
FATHER  DROWNS
Margate. N. J,. July .30. (UP>^ William C. Hawthorne. .38. of Phila¬ delphia, was drowned off Longporl today when he tvltempted to rescue his son. Jamea. who had fallen over, hoard from their fishing boat. The J boy was saved.
15 Hurt as Mustard Gas Bomb Is Exploded in Boston Theatre
clipper    also    carried   son T. Johnson expects to leave for   ton, and the higiiway leading from radio   apparatus   with   Chungking^   on    Tuesday.      Other   Plymouth,   via   Larksville,   to   the
have  broken  the veil of silence.
Only one bit of encouraging news was reported al the close of the flrst day of search. The Philippines Telephone Company said one of its employees on Lahiiy Island, on  the direct course of the
leave with him.
Today, the Chinese military spokesman gave the first official version   of   the   fighiing.     He   ad-
During his late years ,Mr. Shan¬ ley Rave much of his time lo real estate and insurance work, but never  lost  an  opportunity  lo  sug-
Boston. July 30 (UP)- Fifteen persons were injured or gassed and 500 others driven from their seats tonight when a home-made bomb believed to contain mustard gas exploded in the mezzanine of the Tremont Theatre.
The movie show continued, how-
milled that the Japanese virtually   gest  means  of  bringing  industries   ever,  and  many  returned  lo  their
controlled    Poyang    Lake,    an    im-   and   better   conditions   to   the   bor-   seats.
portant  seaplane   base  In  addition   ough.    He was one of the origina-      Several  persons  seated  near  the
Scibolt said the bomb was fashion¬ ed from a pint whiskey bottle con¬ taining mustard gas and was fired by a dynamite cap attached to a small battery and two cheap watches. The whole mechanism was in a stocking.
The  explosion  waa  drowned  out by   the  sound
He said that some of the 16 com¬ panies, 18 executives and 21 former deputy sheriffs might be acquitted, others held guilty and others dis¬ agreed   upon.
Defense counsel, in final argu¬ ments, had contended that the en¬ tire indictment must fall unless every defendant was proven guilty of   conspiracy.
The judge left it directly to the jurors, as "men of experience," to judge "by the demeanor of wit¬ nesses on the stand " whether the defense testimony was "the rotten- est exhibition of perjury ever to be perpetrated from a witness stand," as Assistant U. S. Attorney- General Brien McMahon had assert¬ ed in his closing argument. Defense Denounced
McMahon closed the govern¬ ment's argument with one hour of vehement denunciation of defense witnesses.
"If it had not been for the in¬ vestigation the Senate of the United Slates made of Harlan county con¬ ditions, the death of Bennett Musick would not have ended the reign   of  terror."  he  said.
Musick. son of an organizer for the United Mine Workei's of America, was shot down in his home near Evarts February 9, 1937. Government witnesses testified they saw some of the defendant depu¬ ties   fire   the   fusillade.
Musick and others were killed, beaten, kidnaped and intimidated, the government charged, in a con¬ certed plot by the coal operators association and the peace officer* lo prevent unionization of th« miners under the Wagner LtriMr Relations Act. Long Deliberation
Defenae counsel—former Federti Judge Charles I. Dawson and Forney Johnston, distinguished Birmingham. Ala, lawyer—aMeft- ed in their closing appeal to tha jury that all testimony regarding Musick's death and olher "overt acts" .should be disregarded as hav¬ ing no bearing on the "cnnalpracy." They asserted that the Wagner Aet did not guarantee coa! minera againat discharge but merely pro¬ tected their right to organize Into unions.
Counsel expected the jury to taka many hours to deliberate its com- of  their
clipper, had heard an airplane three   to being a good  point for landing   tors of the movement to bring new   bomb were cut by glass.   Those in
plicated   verdicts.   Aware of  the   battle  scene   responsibility   for  deciding   a  caae Prisoner of Zenda."   which the governmeni hoped would
ing oil mighl havr heen left steamship plying th'- course, transport   radioed   that   tlia
bv  a   amphibian   planes   were   instructed   have   landed   at    Hsingtze.   on   the       Hia  body  will   be   removed  today The   to take off at dawn to search in the   west bank of Poyang Lake 20 miles i to  the   home  by  Funeral  Director alick I vicinity of the  island. I south of Hukow. 'Charles B. Flynn.
jurcd   or   gassed   were   taken   to   a hospital, but none was reported in¬ jured   seriously. Fired by Watoli Pollce    Ballistician    Edward
in  the movie
Only   two   persons  were   held  at "put  teeth"  into  the  Wagner  Act,
the hospital  for further treatment, the jurors were solemn as they (tied
They   were   Lewis   Van   Camp.   4.^. away  to consider the case,
j and  his wife  Lorena.  43.  of Soulh Tf   found   guilty,   the   defendanta
j Boaton.    Both were gassed severely will be subject lo fines of not mere
J. \ and Van Camp was cut, 1        (Continued  on  Page  A-M