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About The Omaha guide. (Omaha, Neb.) 1927-19?? | View Entire Issue (July 23, 1932)
_ . ■ ■ ■ ' ' 1 1 1 1 - —————— LILY WHITE JURY WINS NEGRO STAY OF EXECUTION _ KEEPING NEGROES OFF JURY WINS NEW TRIAL FOR EUEL LEE Baltimore, Md. (CNS) — The Court of Appeal* of Maryland bas granted a new trial to Euel Lee (Orphan Jones), the Eastern Shore colored man convicted of killing Green K. Iiavis, the Tay lorsville, farmer, on the ground that tne selection of the jury that heard his case was marked by “ unconstitutional exclusion of Negi ?es.’’ The court affirmed that the method of selecting juries in Bal timore county for the past twen ty-six years “seems to show an established practice, eonfining aelevtion to white men as effect ually as if such a restriction were precribed by statute.'' This decision marks the second successful attempt of Lee to es cape the gallows. Previously, the court of Appeals had upheld the contention that he could not get a fair trial on the Eastern Shore. The case was taken to the Baltimore rounty court in Town •on, where he was found guilty of murder and sentenced to be hang ed. The second appeal was based on the grounds that Negroes had been excluded from the jury and therefore had been denied consti tutional rights, quoting at length decisions written by the Supreme t’ourt of the l nited States on rases of similar nature. Chief •Judge Bond wrote that the pro cedure of Judge Duncan, of the Baltimore county court, in select ing his panel of jurors, “show an established practice or system in which no opening is left for m-mhers of the Negro race to ob tain places on juries.” In arriving at its conclusion, the Court of Appeals referred to several cases decided by the Su preme Court in which it was said that the fact that Negroes had never l»een on a panel of jurors over a long period of time, was a nrirna facie ease of denial of that equality of protection which has been secured bv the Constitution and laws of the Uni ted States.” In euntimiing its reasons for reversing the lower court, the ap pellate judges said: “In Baltimore county, as it ap pears from .fudge Duncan's ex planation, the judge has merely sought about him for good men to aid, as jurors, in the proper ad ministration of justice without let ting racial considerations enter into his choice. His aetion. he aays. has been merely that of sel ection in the exercise of the dis cretion intrusted to him. But it lias been strongly urg ed upon this court that the course of procedure followed and the ac tual selection made by it through out ail the jury terms of the last twenty-six years show an estab lished practice, or system, in which no opening is left for mem bers of the Negro race to obtain places on juries, and that this a rnounts to exclusion in the Consti tutional sense, and there is no gainsaying that in pursuing the method of noting down names of good men suggested to him in his daily routine the judge has not taken down any but those of hite men. “His system of drawing jurors begins with a collection of names of white eligible*, and hence is confined from the beginning to the selection of white men. Only the white men appear to have been looked to for jurors. The evidence, with the long, unbroken absence of Negroes from the jur ies selected, seems to show an es tablished practice, confining sel ections to white men as effectual ly 's if such a restriction were prescribed by statute. And, the court has concluded that this, un der the authorities, amounts to unconstitutional exclusion of Ne-j groes. I here has never been any modification by the Supreme Court of its statement as to the inference to be drawn from a long succession of entirely white juries and it seems not likely that there will soon be one, especially m a case in which the evidence I shows a system which begins with ! the collecting of names of white men only.” Concluding the court said: “The overruling of the challenge must be held erroneous and the judgement must, for the error, he ; reversed, and a new trial ordered. Judgement reversed and a new I trial awarded.” Was Tried at Towson Lee was tried in the Baltimore County Circuit Court at Tow-1 son. The opinion was written by t Chief Judge Carroll T. Bond, and c-incurred in by Associate Judges Hammond Lrner, William Adkins W. Mitchell Digges, D. Lindlev *Ioan. and F. Neal Parke. As sociate Judges John Pattison and 1. Scott Offutt did not hear the appeal, as the case had been in their jurisdiction. TWO WIVES IN ONE TOWN; KILLS ONE AND SELF Continued from page 1) O'Xeil, for several years. Later it was pointed out that The woman whom Watson killed just before he shot himself was .Mrs. Cealie McDonald, wife of •John McDonald, who resided at 4718 Liberty Road. Mrs. Watson said that she did not know of •Mrs. McDonald and had never 'hoard of her before, and that Jim W atson had always been kind | and dutiful to tier. She was al most prostrate over his tragic death. However, Mrs. Velma Smith, Mrs. McDonald’s neice, who lived noar her, stated that Watson and Mrs. McDonald had been living together as man and wife for more than ten years, but that she did not know whether they were lawfully married or not. Mrs. Watson stated that on the Keep Cool WITH AN ELECTRIC FAN! When you buy your dearie fan, look for trie G-E monogram . . ."the imrtak of k a friend”. . . and I the symbol of the r same high efficiency friar marks all G-E products. All Sizes - - All Prices NEBRASKA POWER CO. night of the murder and suicide, her husband came to her after supper and told her he had to go I out for a little while, but would 1 be back before late. He kissed her and left the house and she! never saw him alive again. However according to Ambrose and Velma Smith, the dead man wag with their aunt as much as he would be expected to be at home. They both stated that j they thought nothing unusual as Jim Watson started down the road with her aunt, who was crying and who told him: “I won’t do it. You’ll just have to J kill me, that's all.” What was it that Jim Watson wanted Mrs. McDonald to do that wag so dis tasteful that she refused, choosing death instead? That question will never be ans wered for the two bullets W'hich Watson fired shortly after he left his friends did their work well. Did Watson ask Mrs. McDonald to give him up so that he could spend the rest of his life in peace with his wife? No one knows. Meanwhile, in widely separated spots, Watson’s in Trinity, Texas and Mrs. McDonald's in Oak Park Cemetery, the bodies of these two were being consigned at the same time to the healing arms of Mother Earth, who can purify any sin and make 11s all one size. WIFE GAVE BIRTH TO WHITE MAN S CHILD (Continued from page 1) and suggested that she seek else iwhere tor a husbanjd. Despite this action on his part he further claims that she persisted in calling him on the phone to arrange for appointments which he kept. Each time she renewed her re quest that he marry her. Due to her persistency, he finally yielded to her importunities, pro cured a license in May 1930 but could not make up his mind to have the ceremony performed until a month later, when in re sponse to her continual pleadings lie consented. In the bill he relates that be tween the date of his securing the license and the marriage, his friends hinted to him that his fu ture wife was loose and unchaste and warned against marriage. He alleges that when he confron ted her with this information she indignantly denied it, asserted her innocence and protested that she had always been a virtuous woman. Shortly after their marriage he alleges that he discovered that she was pregnant and his suspic ions became aroused as to the paternity of the child, but his wife satisfied his doubts for a while. After the birth of the child at Garfield Hospital, December 14, 1930, he says that he visited her and when shown the child im mediately perceived it to be white. He and his wife, both are jiark skinned with typical Ne groid features, whereas the child s features were decii^dly caucasion and its complexion white. When questioned at a later visit he states that he was told by his wife that this condi tion was due to the fact that the nurse had used Johnson’s Tal cum powder with bleaching cream on the baby’s skin and that the child would remain white as long as this preparation was used. Questioned on her release from the hospital she testified accord ing to his report that the father of the child was a white man, who threatened to kill her if she revealed his identity. He has learned the name of the man in volved in the case and is planning j to sup him for conspiracy, eharp*- ! ing that the man suggested to , Mrs. Edwards that she marry a | colored man when she learned of I her condition. • Edwards asks the court that | his marriage be annulled. OKLAHOMA CENSUS OF AGED PEOPLE WHO NEED AID Oklahoma City, Okla., (CNS)— t riends of a pension movement and advisory committee composed of several State officials and in dustrial and business leaders, have sponsored an old age pension bill to provide aid for aged per sons in need of support or fin ancial assistance. Those sought to be aided are classified as in the age groups of 50, to 60, 60 to 65.! and 65 and over, and in those groups wil be found approximate ly 20,000 Negroes. An old age pension bill passed i the House in the last State Legis lature but failed to get out of the Senate Committee before the end of the session. A new meas ure will be designed for submis sion to the next Legislature. Its provisions will be shaped after the completion of a St^te-wide survey now in progress to deter mine the number of aged persons j need of the contemplated sup port and financial assistance. VICTORY LIFE SUED ON UNPAID CLAIM Washington, (CNS) A suit a gainst the Victory Life Insurance Company has been filed by James R. Manigaulte, administrator of the estate of his wife, Ethel Easley Manigaulte, through hr attorneys Houston and Houston. 1 he suit is brought to recover $1,000 which Manigaulte claims is due him on the face value of the life insurance policy which his deceased wife held with the com pany. The policv was issued on June 19, 1930. Mrs. Manigaulte, a former school teacher in the District of Columbia public schools, died April 13, 1932. The efforts of the attornevs representing the estate have been unable to collect as the insurance company claims that the policy lapsed on January 19, three months befdre Mrs. Mani gaulte’s death. EQUAL LABOR RIGHTS BILL PROPOSED Washington, (CNS) An attempt to prohibit discrimination on ac count of race or color in employ ment under contract for public buildings or public wmrks in the United States was begun Tues day with the introduction of a bill in the House of Representativ ’ _____ . es by Representative Joe Grail, Republican of California. The bill requires that every con tract for or on behalf of the Unit ed States of the District of Col umbia for the construction, aiter ration or repair of any public building or public work in the United States or the District of Columbia contain a provision by which the contractor agrees that in the hiring of employees for the performance of work under a Government contract or subcon tract, no contractor, subcontractor or other persons acting on behalf of such contractor shall discrim inate against any citizen of the United States by reason of race or color, if he is qualified and avail able to perform the work to which the employment relates. The intimidation of any em ployee hired for the performance of work under any Government contract or subcontract, on ac count of race or color, by any con tractor or subcontractor engaged on public works is prohibited. The penalty for the violation of the provision of the contract pro hibiting discrimination on account of race or color would be the de duction from the amount due the contractor by the Government of $5 per calendar day for each per son so discrimintaed ag*inst or in timidated ;.._. * NEWS! ALL LOCAL NEWS MUST BE IN THE GUIDE OFFICE BY MONDAY, 5 O’clock OF EACH WEEK. OWING TO THE DEMAND OF OUR READERS AND THE ADVANTAGE GAINED THROUGH OUR ADVERTISING PROGRAM, OUR PAPER NOW GOES TO PRESS ON WEDNESDAY POSI TIVELY. Popularity Contest For. Sixty Days BEGINNING FRIDAY, JULY 15, ENDING THURSDAY, SEPT. 15 OMAHA GUIDE’S EVERYBODY WIN POPULARITY StlBSCRIP TION CONTEST OMAHA GUIDE’S GO-TO-COLLEGE POPULARITY SUBSCRIP TION CONTEST NOMINATION IN ORDER: Anyone who is interested is eligible to nominate a cand idate in this contest. Each person nominated will get 2500 VOTES to begin with, if the nomination is made within the first ten days, beginning Thursday, July 14th. Each person nominated the second five days, beginning July 19, will receive 1500 VOTES. PRIZES TO BE AWARDED TO THE WINNERS IN THE OMAHA GUIDE POPULARITY SUBSCRIPTION CONTEST 1st Prize-$200 in Gold, University Scholarship. 2nd Prize-$100 in Gold, University Scholarship. 3rd Prize-$75.00 in Gold, University Scholarship. 4th Prize-$50.00 in Gold, Part University Scholarship. 5th Prize-$25.00 in Gold, Part University Scholarship. All persons not eligible for either of the above prizes will receive 2%% of the amount turned in by them on all subscriptions in the popularity contest. Subscription rates to the Omaha Guide, One year $2.00 Six months $1.25 EACH 6 MONTHS’ SUBSCRHJTION at $1.25 each brings 500 VOTES EACH ONE YEAR’S SUBSCRITPION, at $2.00 each, brings 1500 VOTES. RULES for the Contestants in the Popularity Contest 1. All contestants have the privilege of deputizing as many of their friends to work for them as they see fit. Each contestant must re port each day of the campaign to the Contest Editor. 2. The first ten working days of the subscription contest, the con testants will receive 2500 votes for each one year’s subscription. 3. The first ten working days of the subscription contest, the con testants will receive 1000 votes for each 6 months’ subscription. 1ST PRIZE-$200 in Gold, University Scholarship. For the highest number of subscribers over 250, for one year sub scriptions at $2.00, or 400 six months’ subscribers at $1.25. 2h«D PRIZE— $100 in Gold, University Scholarship. For the highest amount of one year’s subscribers at $2.00 each over and above 150, or 240 six months’ subscriptions at $1.25 each 3RD PRIZE-$75 in Gold, University Scholarship. For the highest amount of one year’s subscribers at $2.00 each over and above 100, or over and above 160 six months’ subscrib ers at $1.25, each. 4TH PRIZE-$50 in Gold, Part University Scholarship. For the highest amount of one year’s subscribers at $2.00 each over and above sevent-five, or 120 six months’ subscribers at $1.25 each. 5TH PRIZE-$25 in Gold, Part University Scholarship. For the highest amount of one year’s subscribers at $2.00 each over and above forty, or over and above sixty-four six months’ subscribers at $1.25 each. The Contest Editor Reserves the Right to Extend the Time for Thirty Days, If She Sees Fit to Do So. PANHANDLE WHEAT CROP GUT iN HALF WESTERN NEBRASKA WINTER WHEAT HARVEST TO START WITHIN A MONTH LAND VALUATIONS DBOP Nebraska Governmental Units, City, County and State Will Contri bute Approximately $81,000 Sidney—With the beginning of the 1932 winter wheat harvest in western Nebraska less than a month away, growers in the principal producing counties of the Panhandle have re ported to county agents that the yield will be less than half that of 1931. These growers blame drouth, strong March winds, and a generally adverse winter growing season as main rea sons for the failure of the fall grain. They say these weather conditions have brought about a widespread switch to spring grain cultivation, and they predict the passing of winter wheat as the major crop in western Nebraska. Meanwhile, the spring grain acre age has been steadily mounting, ail ed by governmental loans from the Reconstruction Finance coloration. These loans put more than $200,000 into the pockets of faruie.s in the five chief grain counties in the Ne biaska panhandle, Cheyenne, Kimball, Box Butte, Deuel and Keith. Barley, corn, spring wheat and oats have been replanted in lields where winter wheat fell vicLm to nature’s pranks. An unprecedented acreage of fo.age grains were sown because of impending feed shortages. "It is now quite a; parent that drouth, wind and untimely freezes have combined to wipe out completely at least half of the winter wheat crop in western Ke!i.a: l.a,’’ raid C'ouuty Agent L. D. Y.’.lley of Cheyenne county. Sidney g.ui t r.:ca surveyed crop prospects in lj ■ e county, and re ported that til3 spring grain yield will he more than ilcun'.e t.iat of winter wheat, provided v. e.ither conditions are favorable. Land Val_a.l_n3 Liicw Decrease Lincoln—A g.uoial lowering in property valuallc: ., was noted" in re ports submitted by McPherson and Wheeler count.es to Slate Tax Com missioner W. H. Smith. The two sandhill counties were in the vanguard ol those submitting their valuations to the state board of equalisation. McPherson county retorted a per sonal property valuation of $474,293 for 1932 in contrast to $707,202 for 1931. Lands, including all farm lands outside of towns, were valued this year at $1,835,420, a slight increase over the $1,834,985 figure of a year ago. Town lots on the other band were valued at $47,480 this year, and were valued at $48,210 last year. The total for these classes of prop erty this year was $2,357,193, as against $2,590,397 for 1931. Valuations on intangible "A” hold ings, which include all money, were fixed at $31,016 this year against $5G, 743 in 1931. Class “B” intangibles, all other credits, were valued this year at $37,089, and were $39,804 last year. The Wheeler county valuations were valued this year at $37,089 and were $39,804 last year. Postal Raise Adds $81,000 To Taxes Lincoln — Nebraska governmental units, city, county and state, will con tribute approximately $81,000 yearly to the federal government's balancing fund in the payment of one cent in creased postage on first class mall, State Tax Commissioner W. H. Smith estimates. The state alone will pay an addi tional $27,000 per year for postage, adding to Its already large postal bill of approximately $54,000 per year. Smith’s figures are based upon a showing of $48,819.03 for postage for all state activities during the first 11 months of the current fiscal year. This means an expense for postage of ap proximately $4,500 per month for the state government and state agencies. Cass County Fruit Crop Grows Plattsmouth—Adaptability of Cass county land to small fruit farming has been proven by several tests the past | few years, the most notable being that of Carl Ohischlager, who has built up an extensive strawberry business Throughout the season just ended, 25 pickers were given steady employ ment. William Ferguson is another small truck farmer whose experience in the fruit line has been profitable. Ferguson is setting out additional new strawberry beds this year and is also harvesting a fine crop of blackberries and raspberries set out a few years a?o. His 1932 strawberry crop netted him several hundred dollars. With plenty of moisture, small fruit produc tion in Cass county has been the best in many years. State Has Nine Million in Treasury Lincoln — State warrants, issued during the month of May, totaled $1, 578,180.76, according to the report of State Tax and Budget Commissioner W. H. Smith. The total of warrants issued for April was $1,505,030.56. For the 11 months of the fiscal year, nov ended, the warrants issued total $22, 250,033.91. Total appropriations, in eluding federal funds and cash funds total, to date $31,693,605.81. Unex pended balances now on hand tota’ $5,443,571.90. In May $755,614 of roa work was paid for by warrant. Thirteen varieties of beans are be ing grown in five western counties of N'ebraska, giving the state 12th rank ing place in the union in bean produc tion, it was announced at Lincoln. P. H. Stewart and D. L. Gross, extension igTonomists, are co-operating with the farm bureaus and growers in making crop tests. ORIGINAL INDICTMENTS IN NATIONAL BENEFIT FRAUD CASE NOLLE PROSSED Washington, (CNS) The indict ment against John A. Risher, former president of the National Benefit Life Insurance Company, Daniel Gary, his real estate part ner, and Mortimer F. Smith, for mer comptroller of the insur*nce company, charging conspiracy to defraud the National Benefit Life Insurance Company of $450,000, to which the defendants demur red on June 13, were nolle pross ed here Friday. New indictments, avoiding the particular legal effects to which the defendants demurred, were re turned against them charging grand larceny in addition to the original conspiracy eharge. The new indictments do not mention either Robert H. Rutherford, for mer president, nor Samuel Ruth erford, former vice-president of the- company, who will be Govern | rnent witnesses in the prosecution ! of the three defendants. Mr. Risher, who insists he is ir/ ! nocent of any attempt to defraud the insurance company, feels that ! the new indictment is more faulty | than the original and his attor neys Robert li. McNeil, Levi Dav id and David n. Winhurn, are planning to file a demurrer im »i<lr*teh; although it cannot be argued Until the fall term of court? The nolle pressing of the orig inal indictment obviated the nec essity for the court to render a decision on the demurrer. The j issuance of the new indictment is taken by many to indicate that the decision of the Judge on the validity of the indictments would I have favored the defendants. HAMPTOH INSTITUTE SUM MER SESSION ATTRACTS LARGE NUMBER Limited To One Session by George A. Kuyper Hampton Institute, Va. July— Seven hundred and one teachers have enrolled in the Summer Ses sion of Hampton Institute, which this year has been limited to one session. This enrollment is prac tically the average size for the last seven years. Last year was 1 a peak year with 801 students i enrolled. Thirty-nine student* are registered in the graduate school. Twenty states are represented, Virginia sending the largest num ber of students, with Maryland second and North Carolina third. A large number of the students enrolled are teachers who have completed the two-year normal course and who are now working towards a degree in elementary education. The fact that there are twice as many of these stu dents on the campus as were here last, year shows that the level of training of teachers in colored schools is rapidly advancing. The new George I’. Phenix Training School is being used as a demonstration school under the direction of Ian Ross, its princi pal. This is the first time a stu dent teaching course ha* been of fered in the Summer Session. During this past week three hundred an dfifty-six ministers have been present on the campus as members of the nineteenth an nual ministers’* conference. Ses sions opened Monday evening and continue through Friday, with talks by Dr. Dillard, former presi dent of the Jeanes and Slater Funds; Benjamin Brawley, head of the English department of Howard University; Bishop Fran cis J. McConnell; and William Stuart Nelson, president of Shaw University. At the business session held on Thursday, the following officers were elected for the next year: President, D. H. Hargis, Wilming ton, Del.; Honorary vice-presi dents (new members)’ Shelto» Hale Bishop, New York City, Ben jarain Brawley, Washington, D. C., William Stuart Nelson, Ral eigh, N. C., (old members), vice presidents (new members), J. A. Cotton, Henderson, N. C., R. K. 1). Garrett, Norfolk, Va.; record ing secretary, J. W. Lemon; exe cutive secretary, S. Arthur De Van, Hampton Institute. WOMAN 63 COMMITS SUICIDE Washington (CNS) Mrs. Cl ara Broadus, 63, of the 400 block of i'. Street, Northwest, was found lying on a cot in the basement of her home in an unconscious condi tion. Her son-in-l^, James R. \Veaver, who discovered her con dition immediately called for help from the Emergency Hospital, but she was dead before she reached the hospital. A glass of what appeared to be creolin poison was found beside her and a note addressed to her daughter Tessa, asked forgiveness for what she was '‘bout to do was found on the floor near her. Rela tives could give no reason for her desire to end her life.
