I
A THURSDAY, OCTOBER 4, »»
TWO CENTS PER COPY
Governor Gets Injunctiou
Against the Election Board
Hearing Set for October 9
(By Associated Press)
Oklahoma City October 4.—Gover
nor Walton’s attack on the legality
of yesterdays election on a consti
tutional amendment to permit an im
peachment session of the state legis
lature was in full swing tonight with
more than a third of the returns
in the state not yet tabulated.
His first gun in the after elec
tion fight was fired today when the
obtained in state district court *a
temporary restraining order prevent
ing the state election board from
certifying the returns to the sec
retary of state.
Hearing on the application to make
the order permanent was set for
October 9. Observers on both sides
anticipated a lull in the contest be
tween the governor and the legisla
ture until then. The order was grant
ed by Judge Tom G. Chambers Jr.,
an appointee of Governor Wa’.ton.
In his application the governor al
leged the election was illegal be
cause the proposed constitotional
amendment submitted were net
properly advertised before the ejec
tion. He declared that thousands of
armed special deputjgs ^coij
by sheriffs through
intimidated esters an dth*t *h*»
combined with alleged toftjeoee «*
erted iy'tHe fcTttiii ttenTOTW
more than 200,000 persons frsm the
polls.
Close advisers of the governor de
dared the faction yesterday could
not be regarded as a repudiation of
him. 'they pointed out that in the
general election of 192/ Ihote than
500,000 votes were case while in yes
terdays election they estimated the
total vote will not exceed 300,000
when the official coumt is made. They
explained that they expected 75,000
of the votes cast to he against the
amendment. This they pointed out
would leave only 225,000 cast by the
Ku Klux Ktafi and other adherents,
making the total of those who did
not vote for the amendment more
than 275,000.
Interest in the tangled situation
will shift tomorrow to a hearing in
state district court of an injunction
sought by members of the legislature
to bar the governor and his repre
sentatives from interfering with their
attempt to convene an impeachment
eManwhile a -new attack was
launched today against the official
acts of Governor Walton by Camp
bell Russell a political opponent of
the governor who circulated the In*
itiative petition for the legislature
'«ferej>dum. This time he circulated
L. n for a grand jury in dis
trict opart here to investigate char
ges that'Governor Walton bn* mis
i!l^"imb1ir Jd&hiBr^'«rlhqalrC in
to ,the appointment of thousands of
I state “secrejf service” agents by the
executive.
Armed Convicts Hold
Their Guards At Bay
Eddyville, Ky., October 4.—Three
convicted murderers, cornered in the
dining room of the Eddyville state
penitentiary plant here today after
they had killed one guard and wound
ed three others in a desperate at
tempt to shoot their way to liberty
still were besieged today.
Ringed round with a grim circle
of prison guards reinforced by scores
of citizen riflemen the convicts held
to their barricade exchanging an
occasional shot with the besiegers.
No concerted attempt to rush the
improvised fortress of the convicts
was made during the day and tonight
was a machine gun troop of the na
tional guard from Hopkinsville and
the tear gas squad from the Louis
ville police department coming to
help prison authorities meet the situ
ation officials expected to determine
what course to pursue after a con
ference with leaders of the reinforce
ments.
Hodge Cunningham of (Cadix,
guard was killed in the first fusil
lade fired by the eonvicta. Guards
wounded were W. M. Gilbert of
Breckinbridge county, believed fatal
ly shot; W. P. Gillihan, Lyon county
shot through hips and V. B. Matting
ly Leitchfield shot through the body.
Gilbert and Gillihan were taken to
a Paducah hospital but Mattingly
whose depth physicians said was a
matter of hours was kept here.
Mattingly laid for nearly six hours
iie the spot where he was shot down
exposed to fire from the barricaded
convicts. His fellow guards were un
able to respond to his appeals for
.water and attention for his wounds.
| A prisoner took water to the wound
ed man. Mattingly refused to let the
convict carry him to safety, fearing
the barricaded men would shooot
him to death in his rescuer's arms.
He was able eventually to drag him
self to a point where rescuers could
reach him without being exposed to
fire.
The convicts Monte Walters of
Louisville; Lawrence Griffith, May
field and Harry Perland, Covington
or Newport initiated their desperate
bid for freedom in the shirt factory
of the prison early today according
to Guard Gillihan. Between 40 and
100 convicts were in the room, Gilli
han said when the three men seised
and bound Lee Scholes lone guard
there and with automatic pistols in
their hands made a dash for the
main entrance to the prison yards,
firing at every guard they met.
The shots attracted guards from all
parts of the prison to the scene and
under a heavy fire the convicts were
forced to take refuge in the dining
room a two story brick building in
the center of the prison grounds.
From vantage points in upstair
windows of. the dining room the con
victs were able to direct a withering
fire which forced the guards to take
cover. An alarm quickly was sounded
aMd citizens from the neighboring
countryside seising their nondescript
aims as were available quickly added
their strength to the beseigers.
Prison officials obtained a machine
gun front a coal mine company at
Nortonyflle and this was trained up
on the barricaded building during the
afternoon. Governor Edwin P. Mor
row ordered troop G. of the national
HEAD OF MAN FOUND
BY GROUP OF BOYS
__ ' 4
(By Associated Press)
Pittsburgh, Pa./ October 4.—jjlfee
boys playing on the bank of the
Monongahela river tonight found the
head of a man imbedded a loot i or
more in the sand. The head is beUbv- j
ed to be that from the headless body
of a white man found today in the
gi~ dressing room of the Souths!^
bathing pool. The boys among hun
dreds of others who.. searched the
river hank all day were attracted by
a few whispe of hair in a pile of
smalT recks and sand with sticks they
uncovered the head which was taltgs*
| to the morgue and placed beside the
| headless body. The body remains ua
I identified tonight but language ex
perts declareed that an inscription
in Arabic tattooed on the left ana
was the name "Hassan Hahmod.”
o--—
FOOTBALL—LEAGUE PARK
Saturday October «, J:3« P. M. Dan
ville Military Institute va LeaksviBe
High School. First game of the sea
son. Come out and see the greatest
sport in the world.
ADMISSION 35 cents children 25c.
EARTHQUAKE IN TOKIO TODAY
(By Associated Press)
San Francisco, October 4.—An
earthquake in Tokio today severe
enough to attract attention in Kobe
reported in a wireless message to '{he
| Federal Telegraph Co. No details
11»#re given.
„
HARVEY AND CHILD ARE
SOON TO RESIGN
Washington, October 4.—Presidort
CooHdge is receiving recommend**
tion At candidate* to suceed Arab—f
sado^ George Harvey and Afcibassa
dor Richard Washburn CMM, noth
of whom are expected to retire in
the next few months. Fortner Ambas
sador Charles Warren whorecently
negotiated the agreement with Mex
ico is understood to be ambitious to
succeed Mr. Harvey at Lomlon.
So too is John Hays Hammond re
cently head of the coal commission
Mr. Hammond tetddas in Massachu
setts and that is supposed to operate
against his chances as Massachu
setts has enough important places al
ready.
Ambassador Myron T. Hgrrick
would Hke to be transferred fron
Paris to round out his career at the
court of St. James but this change is
unlikely. Ambassador Henry T.
Fletcher may be moved from Brussels
to Rome.
Both- Ambassadors Harvey and
Child have found the expense of ser
ving their country abroad too great.
Neither is a rich min. Both had in
formed President Harding of theii
wish to retire. They have been pre
vailed upon to remain ip office for
a while until president Ccolidgc can
acquaint himself wit l.th* sir nation.
guard machine gun company at Hop
kinsville to the scene and Louisville
sent four tear gas guns in charge
of the tear gas squad of the Louis
ville police department to the scene.
Eddyville, October 4.—Hemmed in
by graystone walls of the western
Kentucky state penitentiary, ' three
convicts murderers who yesterday
killed one guard and wounded three
others, one of whom died today in
hit aliempt 10 shoot their way to
freedom were barricaded in a two
story brick dining room building ap
parently conserving ammunition for
From behind walls of their impro
their automatic pistols and waiting,
vised fortress the desperadoes faced
the ring of death stationed at vantage
points were prison guards the nation
al machine gun company and citizen
marksmen from the countryside.
Authorities planned to use steam
pipes to force tear gas and red pep
per Into the room in hopee of driv
ing out the desperadoes without fur
'ther loss' of Ufa,
FALLS IN ASPHALTi HARDENS.
HAVE TO’ CHOP HIM LOOSE
Canton, Ohio,' October 4.—After j
chopping with axes for more than 2
hours today workmen succeeded, in
rescuing P. P. Hassan, 36, from a
block of'asphalt wHteffe he had baenj
imbedded all night. Only his head,
right arln and shoulder were visible.
Hassan fell over a small embank
ment into the pool of warm asphalt
while walking near fin asphalt plant
last night. He -.became exhausted
trying to free himself and lay down.
In the meantime the asphalt harden
ed.
He calls for help were finally
heard by a workman shortly before
6 oclock this morning. ...hi..,
conscious Hassen directed the cut
ting away of the asphalt which held
him a prisoner. Hassen apparently
suffered no serious effects.
-o
LAMAR FALLS IN LOVE
AND THEN IN PRISON
(By Associated Press)
Mexico City, October, 4—Trapped
by a beautiful widow whose heart
he' believed he ha<} captured David
Lamar known as the “wolf of Wall
Street” fell into the hands of Amer
ican detectives here who had been
pursuing him relentlessly for some
time in an endeavor to take him back
to the United States there to work
out a sentence imposed on him in
connection with a stock market trans
action.
After he had been taken in cus
tody Lamar Was ardered texpelled
from the country as a pernicious for
eigner hut when he reached Torreon
on th* way to El Paso he secured a
writ of amparo and thereby escaped
immediate deliverance into the hands
SB IfclKBnJ^d States authorities at
the border. The writ of amparo is an
appeal against the expulsion order,
and a hearing on it has beenset for
October 17.
According to the Mexican secret
service Lamar entered Mexico from
the state of New Mexico. Speaking
Bnifteh and French perfectly and
quickly acquiring Spanish Lamar,
or Ernest Lamar Lemann as he call
ed himself quickly became famous in
certain Mexican and foreign circles.
The suspicions of local bankers
were aroused over deposits made by
Lamar and enormous financial deals
he attempted to promote and inquir
ies were made of New York banks
as to his standing. When those inquir
ies were answered both the Mexican
and American authorities were ad
vised. •
Meanwhile a detective from New
Mexico cooperating with a New York
detective and Mexican secret service
operatives got on Lamar’s trail.
Needing a photograph of Lamar to
establish his identity the police so
cured the cooperation of* a handsome
widow a member of an American col
ony . who said to have pretended to
fall in love with fne fugitive i.nd to
have agreed to elope with him. She
obtained the photograph without ex
citing his suspicions.
INVITED TO FORM A
NEW MINISTRY
(By Associated Press)
Berlin, October 4.—With the re
tirement of' Chancellor Stresemann’s
coalition cabinet there is talk of the
establishment of civilian dictator
supported by martial law. Strese
mann himself is spoken of well fitted
for such an office.'
Meanwhile he has been invited by
President Ebert to form a new min
istry.
— - o
NEGROES NAMED IN BILL
(By Associated Press)
Chicago, 111., October 4.—Two
Chicago negroes were reported to
have been named in a true bill char
ging conspiracy after Mrs. Helen El
wood Stokes had testified before a
grand jury concerning her charges
of conspiracy to ruin her reputation
in connection with New York divorce
suit of her husband W. E. V. Stokes,
wealthy hotel man. .
. 't*1 O1 ' ‘-r.Ty' »7 '
THE GAZETTE IN EVERY HOME
Spruce Pine Normal;
More Negroes Arrive
(By Associated Press)
Spruce Pine, October 4.—With ne
groes \j)»o were driven out of Spruce
Pine I4st week by armed bands oi
angry citizens returning to their jobs
on highway construction and in the
mines this town today passed one of
the most normal days since the
troops came here last week, follow
ing an attack upon a white woman
by a negro which caused the deporta
tions.
Four negroes arrived this after
noon from Spartanburg, S. C. and as
in the case of other negroes who
have returned they were escorted to
the construction camp by cavalry.
Negroes who returned yesterday
worked today on highway projects
and were not molested by citizens.
Explanation of the mysterious
lights flashed from one mountain top
to another early this morning and
which caused the dispatch of tv
squads of soldiers to the mountains
to investigate, wre still lacking to
night. The soldiers found nothing oui
of the ordinary. Reports reaching
here are that many of the mountain
eers are displeased at the return of
the negroes but no one has molested
those who have returned.
Arrest of the members of the mob
which carried out the deportations
is expected before the end of the
week. A report current here today
was that Governor Morrison is be
ing urged io request the county au
thorities not to press the charges,
a pledge being given that the re
turning negroes will not be molest
ed.
Another report prevalent is that
members of the mob are willing to
submit to a minor charge in connect
ion with the deportation and prom
ise good behavior in the future.
Neither of these reports was confirm
ed today in official circles and no in
ti nation has been given that the or
iginal plan tc^ arrest and prosecute
members of the mob had buen alter- *
ed.
Hundreds of Mitchell county citi
zens visitd the tri-county fair here
today and the crowds maintained
good order.
CHICAGO JURY ACQUITS FRED THOMPSON
THE IMPERSONATOR OF A MURDER CHARGE
Chicago, October 4.—Fred G.
Thompson, who admitted being the
husband 6f one woman*" while lie "U v
ed as' the wife of another man was
found not guilty of the murder o;'
Richard Tesmer shot in a hold up,
by a jury here today, the verdict be
ing returned after approximately 2
hours deliberation.
The case was given to the jury af
ter Assistant State’s Attorney Mc
Carthy concluded his closing argu -
ment and Judge John R. Caverly
read 39 instructions to the jurymen.
Thompson’s attorney had stressed
what he claimed was the feminine
personality in Thompson and Judg^
Caverly at several times spoke of
the prisoner as “lady.”
Thompson taking the stand in his
own defense near the close of the
defense presentation of evidence
broke down and sobbed like a woman
declaring he could not kill a cat
The defendant had been arrested
by police on a tip that a man dress
ing repeatedly as a woman was seen
going in and out of the apartment
of Frank Carrick. The tip came
shortly after the fatal shooting oi
Tesmer at the hands of a “smiling
woman bandit’ who with a male
companion held up Tesmer and his
wife as they drove up to their garage
one night.
Mrs. Tesmer testified Thompson
was the one who shot her husband.
Thompson said Re had dressed as
a boy during childHood but “felt eas
ier” in girl’s clothes and when he
later came to Chicago from Columbus
Ohio, assumed a woman’s attitude.
He testified that he married Frank
Carrick at Crown Point, Ind., in
1912 and later married Marie Clark.
Chicago, October 4.—Acquitted of
a charge ofliaving shot and killed
Richard Tesmer wealthy insurance
broker in a hold up last summer Fred
Thompson last night resumed h;s
feminine rolq that for 14 years per
mitted him to go unchallenged as a
woman and 11 years ago marry
Frank Carrick. The feminine instinct
predominant Thompson exclaimed
“My goodness I’ll be glad to get some
hairpins" as he was being led' back
to jail to be discharged. Carrick was
not in the court room but Marie
Clark the girt Thompson married
because he said he sympathized with
her was not present.
; —-0-1
THE GAZETTE IN EVERY HOME
* FIRPO DOEST DESIRE
I TO BECOME A CITIZEN
New York, October 4.—Luis Angel
j Firpo does not want to be .a citizen
of the United States of America, de
spite the fact that he applied for
naturalization papers a few days
ago. He conveyed this information to
the bureau of naturalization today in
a note both signed and sworn.
As explanation of his signature
of the other'day Firpo stated that he
had taken out first papers through
a misapprehension: he did not think
any one would' take him seriously..
Th idea conveyed in his letter was
that he merely wished to pay the
United States a delicate compliment
for the generous treatment received
here. He now is the victim of “deep
regret” because of the inconvenience
he has caused the departmnt.
BOUT TO BE CALLED OFF
(By Associated Press)
Columbus, Ga., October 4.—A
fractured thumb in training by Mike
McTigue, world’s lightweight cham
pion caused the bout with. Young
Stribling scheduled for today to be
called off.
Columbus, Ga., October 1.—At
noon McTigue unwrapped the band
ages from his swollen left thumo and
announced he was ready to fight
Stribling decision followed demon
stration by fight fans in front at
McTigue’s hotel disapproving action
of the champion and the manager’#
champion guaranteed a return bout
in case he loses.
GEORGIA COTTON CO-OPS WIN
INJUNCTION AGAINST MEMBER
Atlanta, Ga., October 4.—The
Georgia Cooperative Cotton Growers
association today' was granted a per
manent injunction against Duffy
Horton to prevent him from selling
,his cotton to dealers other than the
association by tfie 'Superior court at
Carrollton according to information
received here todays
-o
ROBBER LOCATED AND SHOT
(By Associated Press)
Paris, October 4.—After one of the
most extensive and stubborn search
es in the annals < of the French police
Gabriel Alphonzo Mourey alias Henri
Boilat master mind in the sensational
Shattuck jewel robbery in New York
in April 1922 finally located at ChiUes
and shot down while resisting arrest.