HENDERSON’S
POPULATION
13,873
TWENTY-FIFTH YEAR
JURY IS GIVEN FAIRBANKS MURDER USE
House Passes New Tax Bill
After Refusing To Restore
Tax On Close Corporations
AFFIRMS NEW LEVY
UPON HARD LIQUOR,
AS VOTED EARLIER
Speaker Bankhead An
nounces Roll Call Vote
as 233 to 153 as Re
volt Continues
TVA HEAD TALKS
PLAINLY TO F. D. R.
Chairman Arthur Morgan
Declines to Meet Roosevelt
Request for Factual Evi
dence on “Dishonesty or
Malfeasance” of Two Fel
low Directors
Washington, March 11. —(AP) —The
House passed the tax bill and sent it
to the Senate today after declining to
reinstate a special surtax on family
owned and closely-held corporations.
Earlier, it re-affirmed its decision
to boost the tax on hard liquor by
25 cents a gallon, even though it had
heard warnings that the result migh*
be the return of the bootlegger.
Earlier than that the membership
had killed an attempt to put back
in the tax revision bill an administra
tion proposal for a special surtax on
family-owned and closely-held corpor
ations.
Speaker Bankhead announced the
roll call vote was 233 to 153.
Republicans and rebelling Demo
crats refused to include the “IB”
surtax.
Other developments included:
Chairman Arthur Morgan, of the
TVA. declined to meet President
Roosevelt’s request for factual evi
dence to support charges that Mor
gan has made against the other two
members of the TVA board.
“I am of the opinion that this meet
ing is not, and in the nature of the
case cannot be, an effective or useful
(Continued on Page Six.)
China War
Is Fought
In The Air
Shanghai, March 10. —(AP) — The
Sino-Japanese war was fought in the
air today.
Two squadrons of Chinese planes,
in a sudden attack bombed the Japan
ese air field at Nanking, General
C’niang Kai-Shek’s lost capital.
Japanese said there was no dam
age. but Chinese said ten planes were
destroyed. A Japanese military train
between Pengpu and Linhkaikwan
also was bombed.
American missionaries at Fengfden
reported a low-flying Japanese plane
dropped two bombs on mission prop
erty without damage.
Japanese planes bombed the pro
vincial capital of Shensi in west cen
* Continued on Page Three.)
Little Business Choked
By Government Control
Restrictions on Financing Damming Up Adequate Fi
nancing for Small Concerns; Money Is Scared by
President’s Hostility t o Business in General
IIY ROGER W. BARSON,
Copyright 1938, publishers
Financial Bureau, Inc.
Babson Park, Fla., March 11.—One
°f the big reasons why the 1937 pros
perity did not “catch” was the dearth
°f new expansion and new enterprise.
Building new factories, installing
htore efficient equipment, introducing
nevel products, and the like, shbu
offset the losses from decaying indus
tries. Before these things
however, people with money must fce
billing to risk it by financing sue *
lacking ever since 1929—and it is still
Hcriilx'rsmt Hailn Diapairftls
' ONLY DAILY NEWSPAPER PUBLISHED IN THIS SECTION OF NORTH CAROLINA AND VIRGINIA.
LEASED wire service of
THE ASSOCIATED PRESS
Schuschnigg Steps Out
As Austrian Chancellor
As Germans Cross Line
Warns Germany
i. • • •— ll l. • j-
Premier Milan Hodza
~. defies Germany
In a statement of his country’*’
foreign policy issued at Prague, 1
Premier Milan Hodza of Czecho
slovakia hurled defiance at Ger-’
many in response to the threat
contained in Fuehrer Hitler’s re
cent speech. Premier Hodza told
frantically-cheering ~|nembers of
the chamber of deputies that if
Czechoslovakia were faced with
the necessity of defending itself,'
“Czechoslovakia will defend, de
fend, defend herself.’’-
Blum Silent
Ov erF oreign
Policy Plans
Deadlock Threaten
ed in France’s New
Effort To Set Up A
Government
Faris, March 10.—(AP)—Premier
Designate Leon Blum refused today
to disclose his foreign policy until
assured of radical—socialist support
threatening a deadlock in France’s ef
forts to set up a new cabinet amid
alarming developments in Central Eu
rope, including German troop move
s Continued on Page Three.)
absent today. There are many reasons
why, but the principal one is the
money and bookkeeping policy of the
Federal government. New capital fin
ancing is practically nil at the mo
ment. Underwriting profits are so
new industries. They must not prefer
just to “salt” it away in government
bonds. What the United States needs
today is not that kind of salt, but the
right kind of pep. . .
The necessary confidence to taite
risks was lacking in 1937. It has been
(Continued on Page Four.A
HENDERSON, N. C„ FRIDAY AFTERNOON, MARCH 11, 1938'
Hitler’s Soldiers Invade Ter
ritory of Neighbor Coun
try; Austrians Fall
Back
AUSTRIAN ELECTION
HAS BEEN PUT OFF
No Date Set for Plebiscite
on Austria’s Independence;
Virtual Ultimatum Given
Austria by Germany and
Nazis in Vienna Burst Into
l/ijUsiasim
London, March 11. —(AP) —The
Austrian legation announced to
night Chancellor Kurt Schusch
nigg had resigned.
Meanwhile, in Vienna, the Aus
trian government press bureau an
nounced German troops had cross
ed the Austrian border at Pas
seau.
Austrian troops were ordered to
fall hack without resistance.
A high official who had said that
’chuschnigg would resign declared
hat the next Austrian government
would be completely satisfactory to
Germany. He added it was possible
Schuschnigg would be retained in
iome capacity.
Schuschnigg announced by radio
that Germany had presented an ulti
matum with a time limit demanding
he reorganization of the Austian gov
ernment.
Earlier in the evening the govern
ment announced the plebiscite on Aus
tria’s independence had been post
poned.
Austria was assuming the aspect of
an armed camp, with clashes in many
cities with Nazis and fatherland front
supporters of Schuschnigg’s fight fo.’
independence.
Arthur Seysz-Inquart, Austrian min
ister of the interior, and close friend
of Germany’s Reichfuehrer Hitler,
was reported to have presented a de
mand “like an ultimatum” for can
(Conttnued on Page Six.)
COTTON IS LOWER
IN EARLY TRADING
New York, March 11.—(AP) —Cotton
futures opened three to five points
down, in response to lower Liverpool
cables and under liquidation and fore
ign selling. May eased to 8.95, leaving
quotations shortly after the first half
hour at net losses of seven to nine
points.
TARBORO SHOWMAN
INJURED IN CRASH
John C. Lyles, 39, in Critical Condi
tion in Macon, Ga, After
Auto Collision
Macon, Ga., March 11 (AP)— John
C. Lyles, 39, Tarboro, N. C., general
agent of the Art Lewis Shows, was in
a critical condition in a hospital to
day after a head-on automobile crasn
early this morning.
Although he is in serious condi
tion, physicians expressed hope
Lyles’ recovery.
Lyles suffered a fracture of the left
arm, rib fractures, contusions and
cuts about the leg when his coupe
crashed into a transfer truck.
RAWLS ADMITS TO
KILLING OF AGENT
Joe Thomas West Implicated by
Bawls in Shooting of Federal
Agent in State
Washington, March 11 (AP)—Treas
ury agents announced today Bernard
“Big Boy” Rawls has confessed at
Norfolks Va., to the killing Tuesday
night of Treasury Agent John Wil
liam Jackson, Jr.
Agents said Rawls implicated Joe
Thomas West in the killing, and dis
closed that the pair shot Jackson on
the North Carolina side of the Vir
ginia boundary. Officials said Rawls
and West would be taken to North
Carolina for prosecution.
Jackson was shot when he and Ser
geant John Estes, of the Norfolk, Va.,
police tried to stop a suspected boot
[ legging car.
Awaits Fate at Hands of Jury
CLARENCE FAIRBANKS
Heavy Margin For
Control Forecast
Floyd Predicts 80 to 85 Percent of Vote of Farmers To
morrow Will Be For Crop Regulation; 100,000 Each
In Cotton and T obacco To Vote
Raleigh, March 10 -(AP)—E v I
Floyd, AAA administrator at N. C,!
State College, said today, “the out-1
look is mighty good for a favorable
vote for control tomorrow when Tar J
Heel flue-cured tobacco and cotton
growers ballot on crop control.
Floyd said reports from N. C. State
College Extension specialists who
have gone into the more than 80 coun
ties for educational meetings were
unanimous that the favorable vote
would be from 80 to 85 percent of the
farmers.
There must ;'ce a two-thirds favor
able vote to make a compulsory con
trol vote effective.
The only organized opposition en
countered, Floyd said, was in Johnston
and Sampson counties.
Wet* Already Have Start To
Hold What They Have
In Legislature
Dnilv Dispatch Burean,
In the Sir Walter Hotel.
Raleigh, March 11. Leaders of
every shade of opinion involved in the
controversy are making feverish pre
parations for a wet-dry campaign thij
year which will bring recollections of
the hottest of these ever-warm bat
tles over liquor.
The meetings held lately by the
State Association of County ABC
Boards and by the county commis
sioners of those units which have the
stores were not held just for the fun
of the thing or to swap tall tales and
drain a few tall glasses.
The wet generals were planning the
strategy to be used in the coming cam
paign, which strategy will consist lar
gely in seeing to its that all legislators
from ABC counties are thorough-go
ing advocates of the stores and in
keeping constantly before the public
the fact that every one of the 27 coun
ties in which there are stores is ap
parently quite well satisfied with their
operation.
It will be continually dinned into
the public ear that the people of the
ABC counties are united in their sup
port of the store system.
The wets in the coming legislature
(Continued on Page Six.)
WEAVER PAYS FEE
IN CONGRESS RACE
Raleigh, March 10. —(AP) —Repre-
sentative Zeb Weaver, of Asheville
paid the State Board of Elections SIOO
today to seek the congressional Dem
ocratic congressional nomination in
the eleventh district. He has no an
nounced opposition.
"WEATHER
FOR NORTH CAROLINA.
Partly cloudy, slightly warmer
in northeast and central portion
tonight; Saturday fair, rising tem
perature in central portion.
The AAA office has been working
on compilations of the farmers eligible
to vote in each referenda in North
Carolina, but had not received com
plete reports, so the following esti
mates were made:
Flue-cured tobacco, 160,000 growers
in 64 counties.
Cotton, 180,000 to 200,000 growers
in 79 counties.
Dean I. O. Schaub, of the college,
estimated 140,000 farmers would be
eligible in each referenda, and around
100,000 would actually vote in each.
The polls in the counties will open
at 7 o’clock tomorrow morning and
close at 7 in the evening. Results will
be forwarded here as quickly as pos
sible.
INVESTIGATION OF
TVA NEEDED BADLY
Chairman Morgan Gaining
Sympathy in His Demand
for Fair Inquiry
By CHARLES P. STEWART
Central Press Columnist
Washington, March 11. —If ever a
situation seemed to need impartial
investigation it is the one arising out
of the row within the three-man mem
bership of the Tennessee Valley Au
thority.
The rumpus is hard for a bystander
even to take one side or the other on
until a lot of testimony has been lis
tened to.
Charges and counter-charges are
ugly and voluminous enough, but thus
far nothing has been substantiated
Surely some disinterested body ought
to dig into the facts in the case.
Opposing Views.
Chairman Morgan of TVA wants
Congress to appoint a committee to do
it. The administration does not say so
but its obvious reasoning is that such
a committee would have as its prin
cipal business the making of trouble
for President Roosevelt.
An opposing suggestion is that the
Federal Trade Commission should do
the investigating. Chairman Morgan’s
answer is that this would be a case
of one “independent office”, consist
ing of presidential appointees, prob
(Continued on Page Three.!
FT. BRAGG PRIVATE
DROWNED IN RIVER
Body of Howard E. Hartley, of Avery
County, Found in Stream
Near Fayetteville
Pope Field, Ft. Bragg, March 10. —
(AF) —Searchers this morning dis
covered the body of Private Howard
B. Hartley, 16th Observation squad
ron in Little river about 15 feet from
the point where he fell from a row
boat last night, while poling up the
stream with four companions. He was
a native of Heaton (Avery county),
N. C., and had been in the army aibout
eight months.
PUBLISHED IVIBT AFTUNOON
EXCEPT SUNDAY.
DELIBERATIONS BY
JURY ARE STARTED
AROUND 4 O’CLOCK
Court Reviews Testimony by Stete and Defense in Great
Detail and Outlines Different Bases for Verdict
Open to Twelve Me n Sitting in Case
First degree murde” charges against
Clarence Fairbanks, 24-year-old show
man’s helper, for the axe-slaying of
his employer, Steve Good, here the
night of Sunday, January 16, were
given to the jury in Vance Superior
Court shortly before 4 o’clock this aft
ernoon after a two-hour charge by
Judge R. Hunt Parker. Deliberations
were begun immediately, with the
court room thronged with anxious
".-'cta'orn awaiting a verdict that will
’e ter mine the young man’s fate. The
ourt took a brief recess after the
uvy retired.
Arguments by counsel were com
’pf°d just before the noon recess,
nth only the court’s deliverance re
nain’ng before the jury began its
study of the case.
Judge Parker snoke at great length,
reviewing in detail the testimony of
fered by the State in an attempt to
exact the life of the youth, who had
confessed he slew Good in argument
starting over the showman’s treat
ment of a cockatoo, and in which
Good charged the defendant with im
moral relations with Mrs. Good.
The crowd, which began filling the
court room long before the hour for
opening at 9:30 a. m., showed little
inclination to clear out when the
wclve men filed into their chamber
• few minutes before 4 o’clock. They
were bent on being present when the
jury came back into the court room.
There w’as widespread speculation
->n the length of time the jury would
deliberate. Some expected a quick
igreement; others thought they would
e out for an hour or two.
Judge Reviews Evidence.
Judge Parker outlined the various
types of verdicts the jury could reach,
anging all the way from first degree
murder down through second degree
nurder and manslaughter to outright
acquittal. He took great pains tj
Prosecutor
Slurs IL S.
Vs. Soviets
Russian Plotters Are
Called Unfit To Live
Even If America
Tolerates Capone
Moscow, March 10.—(AP) —Deaths
for 19 of the 21 defendants in Soviet
Russia’s greatest blood purge trial
was demanded today by Prosecuto.
A. Y. Vishinsky at the end of a bit
ter summation of the government
treason and murder charges.
The only two spared from death
were the once-esteemed Soviet diplo
mat, C. Rakovsky, and S. A. Bessanoff
a former Russian trade delegate.
For them the prosecutor demanded
25 years imprisonment.
The prosecutor, demanding the life
of G. G. Yagoda, compared the once
dreaded head of the secret police to
A1 Capone.
“We cannot leave such people alive,”
he cried. “They can do so in America
with A1 Capone, who kill and kidnap
people they want to get out of the
way. But Russia, thank God, is not
America.”
Whitney Ordered To Be
Re-Arrested On Charges
Os Grand Larceny Crime
New York, March 11 (AP)—The
immediate re-arrest of Richard
Whitney, five times president of
the New York Exchange, on a
new charge of grand larceny, was
ordered today by State Attorney
John J. Bennett, Jr.
Whitney was at liberty in SIO,OOO
bail on another first degree grand
larceny charge, on which he was
arrested yesterday through the
efforts of District Attorney Thos.
Dewey. He has not pleaded.
The present charge is based on
a complaint of Commodore Wil
liam A. W. Stewart, of the New
FIVE CENTS COPY
clarify all the issues and to simplify
the procedure in arriving at a de
cision.
Solicitor E. R. Tyler, who has led
the prosecution in its demand for cap
ital punishment, was the final speak
er, talking an hour and a half or mora
and concluding just before the lunch
eon recess. He summed up the testi
mony of the State and sought to make
out his case by piecing together the
circumstantial evidence that had bean
offered. He also sought to impress the
jury with the alleged fallacies in th
story Fairbanks told on the witness
stand Thursday afternoon.
Arguments Completed.
Tyler was proceeded by A. A. Bunn,
last of the four defense attorneys to
speak, who began at 9:30 a. m.. when
aourt re-convened for the day. He held
up the testimony of the defendant as
sufficient grounds for leniency, and
pleaded with the jury to accept his
story of self-defense. He opened with
a passionate plea for the youth, who
he said stood alone at the bar of jus
tice, with only the law of North Cat
jlina as his best friend, and other
wise friendless and penniless in a
trange land.
Arguments to the jury were started
shortly after 4 o’clock Thursday aft
ernoon when testimony had been fin
ished. J. P. Zollicoffer, of private
prosecution, led off in the arguments
and was followed by J. C. Kittrell,
father o-f T. S. Kittrell, son, of the
defense. A night session was held,
when J. H. Zollicoffer, also of private
prosecution, and J. M. Peace, of the
defense, were the speakers.
Those who heard the arguments of
counsel thought they were of high
order in argumentative art, hueing to
the line and dealing with the evidence
that had been presented.
Case Begun Wednesday
The case was started Wednesday
morning with the selection of the
jury. Seven men were chosen from
among 18 of the regular talesmen
serving at the March term of court,
and the other five were seated after
57 men of a special venire of 100
drawn for the case had been examin
ed. A total of 63 men were set aside
for various reasons, mostly because
they claimed to have ,formed an
ominion, before the pury was com
pleted. Taking of testimony started
in mid-afternoon, and a night session
was held.
Officers testified for the State in
the presentation of its case, telling of
Fairbanks’ confession the day after
(Continued on F vr ‘’l-.
Desperate
Battle For
East Spain
Hendaye, France, March 10. —(API
—With' Belsik lost, the government’s
Aragon army moved up to meet the
insurgent’s great offensive in a bat
tle for control of eastern Spain. Mili
tary advices said the government
which had been withdrawing steadily
before the three-day-old thrust, had
been forced by insurgent gains to take
a stand, risking its army in a major
clash to decide the fate of the Medi
terranean seaboard.
Insurgents said a Moorish corps
" ri 9
(Continued on Page si*
York Yacht Club, prominent law
yer and former friend of Whitney,
that Whitney “unflawfully” took
from a safety deposit box $103,000
of bonds belonging to the club, of
which Whitney had been treasur
er.
New York, March 10. —(AP) —Inves-
tigation into the tangled financial af
fairs of Richard Whitney, forme l '
president of the New York Stock Ex
change, centered today on the pending
Federal grand jury probe and State
(Continued on Page Si* *
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