' JvTs rr,rT V , ONLY 4 MORE DAYS .. November 1 positively is last date- subscriptions will be accepted at bargain rate of 3 for a year (by mail in Oregon only). 0 : - in goie. THE WEATHER Fartly cloudy today and Friday, moderate tempera, tore; Max. Temp. Wednes day 70, Mln. 63, rain .06 inch, river 1 foot. r. TOUISLDED 1631 EIGHTY-FIRST YEAR Salen Oregca, Thersday Moraing, October 29, 1931 No. 183 :"? I! f I GOBIORSJO GOrJGRESS AFFORD RELIEF Adequate Program of Work For Jobless Urged In Resolution Arizona Delegation Leading Demand Movement . at Portland Meet . PORTLAND, Ore.. Oct. 28 (AP) Unemployment, a situ a tioa so acute It, took? precedence over all other problems, today was given the best thought of chief executives and representatives of seven western states. ; f v , T And in a resolution presented by the, delegation from Arizona, the western governors' conference in cession here was asked to demand of congress that "appropriate leg islation be enacted to provide for an enlarged and. accelerated pro gram of pnblie works, to relieve the predicament of the Jobless. ; J. Strode, secretary to Gor ernor Hunt of Arizona, led the de mand for relief of the situation. He demanded that c o n g f e ss . should, relegating all other prob lems to the background until the major question is solved, enact legislation necessary to meet the crisis. "The urgency of the matter de . manded that congress should have been called in special session long a so," he declared, and added that 'congress can and should, at Its re-convening , in December, wave aside all lesser matters of public concern until this one great prob lem of unemployment Is solved. Enlarged Public Work Program Asked The resolution of the Arizona delegation,' presented by Strode, - demanded "an : enlarged and- ac celerated program of pnblie works, including highways, river and har bor Improvements, public build ings and reclamation projects, to furnish , constructive and - useful employment to the idle millions of American citizens now facing a winter of want and sufferlcg for themselves and their .families.! "Whether c?rTjgr?sj,iilwin meet - the situation courage o u si yan T ef fectively, Strode concluded, "or whether our national government, Nero-like, will continue to fiddle while Rome burns, only the future can unfold." - , . city nun tsx 1 TO GUT A 'public .hearing will be held In the city council chambers to night to consider a proposed two per cent city tax on the gross earnings of all utilities operating In Salem on their revenues taken from the Salem district. Public utility representatives are now In the city ready to make a allow ing tonight against the bill which has been .introduced before the council by Dave O'Hara. alder man. " : " .: O'Hara's reason for Introduc ing the bill was to provide a new ... source of city revenue. He esti mates that the ordinance would raise 125,000 .worth of new rev enue for the , city. 1 While the gross earnings of Portland Gen . erst . Electric company in Salem re I not 'known, the Oregen iWashtngton Water - Service eom- .- pany. grossed $179,286 which -would mean a tax of $3585 and the Pacific Telephone and Tele- . graph company grossed 1245.109 -which would mean a tax of 14902. ' -v. A number of other Oregon cities are known to have similar taxes on utilities as that proposed lo cally. Included are the cities of f edford, Corvallis, Eugene, La ?, Grande and Baker. Elks ' Indoor . : Open at Armory Tonight ' Tonight at I o'clock the ' lid y blows off, figuratively speaking, and for the next six nights, Sun day excepted, the Elks indoor cir cus will hold sway at the Salem armory. The circus. Jammed with 15 amusing and professional acts. Is sponsored by the Elks club bete for the benefit of the lodge's char ity fund, and every effort Is being made to run the ticket Sales ' high. . 'V;,.,. ..-. Traveling with the circus Is the Frederick Novelty Syncopated or chestra, which will furnish music each night for free dancing fol io wing, the show. -The orchestra ..will appear this noon at the Lions club meeting, next Tuesday at - the Klwanls and Wednesday at the Rotary club. Exalted Ruler H. - E. Eakln of the Salem Elks said yesterday. I. - Theoircua acts include: Car Jyle, the cowbell king; Prof. Dav enport's troupe of trained dogs, ponies and monkeys; Riva 4b Lar son in a duo on the Roman rings; Jimmy Murphy and his entertain ing monkey and dogs; Tex & Tex " ie ia dance novelties; the McKe . One troupe of acrobats and tum Conservatives Hold Power but Will not Repl Only 50 Opposing Government; Labor Party is t Almost Wiped out; Tariff Demand is I ' Likely; Baldwin Speaks. ' ' T ONDON, Oct. 28 (AP) Swept into power with JLi mammoth majority of more than 500 of 1e 615 seats in the House of Commons, Prime Minister Ranuy MacDon- f ; uauuiuu vci uuieud -wiu we bluc 10 uoiniiiaLe . parlia ment aa no other administration irr the history of demo- - Tonight, . with : 90S. returns available, from, yesterday's Tot ing, there were 555." government supporters, only: 50 In the oppo sition and s independents. The. loss of 235 seats, nearly wiped out the labor - representa tion . in the House of Commons. Nothing like it ever occurred be fore in Great Britain.-. The - conservative party ' held 472 seats with prospects of srain- ing a i few more in the late re turns, i This great conservative strength led to the . expectation that a demand for a full-blooded protection tariff poller would be the first trouble encountered by Mr. MacDonald. Stanley Baldwin, conservative leader,: declared yesterday's re sults showed a national and not a party victory. Although Mr. Baldwin did not go into - the part the conserva tives will play in the House of Commons . scheduled to hold its first" session ; November 3, his statement was taken to indicate he would make no attempt , to seize power for bis party. "The election is an emphatic declaration ; by - the , people as -a whole in favor of national co operation in order to restore the fortunes of our country," Mr. Baldwin said, r WILUMETTE KB SURVEY IS ASSURED Congratulations to the Salem chamber ; of commerce for ! the work it did in urging a complete survey f the Willamette river conveyed here yesterday by Sena tor Charles lb McNary. "Happy to advise that the board of army en gineers 'Wednesday reversed Its former-decision denying a survey to the Willamette river from Port land to Eugene and ordered that a complete survey be made in ac cordance with our presentations," read the wire from the senator. Congratulations and regards." - Local ; officials - said - yesterday this city should be much elated with the news. It, means that the horse-back survey made last year will be augmented by a de tailed study of the costs of deep ening the river as far as Eugene and that from Shis study the fed eral government will later deter mine the advisability or more ex penditure. Navigation, power de velopment and irrigation are "all to be included as the phases of development accruing from such a survey, i , , . Congressman' W. C. Hawley, who shared with Senator McNary the work of gathering material, said in an address here Tuesday that the irrigation benefits to the valley from such a survey im provement of the Willamette river were the foremost of all - other good results to be received front such expenditure. Jacksonville's . Thirst Quenched - MEOFORD, Ore., Oct. IS (AP) Recent rains have replen ished the Jacksonville water sup ply to such an extent the city no longer buys water from Medf ord. For several weeks three shirts of men ! were employed to haul water from Medford to Jackson ville. : Circus to blers; the wire-walking Healers; the trio, Ike, Mike and Spike in comedy and skill on the horizon tal bars; world's champion leap ing greyhounds In action; stunts on the swaying ladder by Dainty Maxine; hand balancing, by Ous and Joe; Iron Jaw Mott in action; Katherine A Jimmy, trapeze art ists; Daisy, Queen of necromancy, and Herbert Hottopp and his kick ing pony. Committees of the local lodge putting the show over are: Exec utive committee, Eakln, LeRoy Card, A. : Warren Jones, - Frank Lynch, Harry J. WIedmer, Wiilard C. Marshall, II. II. Hulsey and Jake Fuhrer; auditorium, Fuhrer, chairman, Ed Zahara, : Earl E. Wenger, Lawrence R. Fisher, Aug ust Huekestein,. Jr., and . Clark Jackson: ' publicity,- . Marshall, chairman, S. A." Stone, Sheldon Sackett, H. O. Epley and Lyman McDonald " advertising, Jones, chairman, Robert Field, Card, A. B. Hansen and Cliff Moynihan; ticket' sales, Hulsey, chairman, Ted R. Paulns, Cliff Mudd Cliff Townsend, Clarence Byrd, Harry Toung and George D." Henderson. dee MacD'dnald O BOSS mi PASTOR JIT HIST BAPTIST Minister of Notable Career To Preach Sunday for First Time Here : Brltton Ross,: paster of the First Baptist church of Albany for about six months, has accepted the pas torate of the First Baptist church here and Tuesday he and Mrs. Ross moved to the parsonage. He will preach his first sermon as pas tor ? here at 11 f O'clock Sunday morning. Mr. Ross fills the post which has been vacant since the death early this fall of Dr. W. H. Robins. s ..; Twenty-firs years ago Ross was a locomotive engineer pulling trains out of Bakersfleld, Calif. Previously he had been a machin ist ia the shops, having started to learn the trade at the age of 14 years. Twenty-five years ago this month Jie walked into. a religious meeting in Los Angeles, and slnee that time he has been in the gospel ministry almost continuously. . He .was the first graduate of the Los Angeles Bible Institute, -and received further training in the Southwestern Baptist Theological seminary and in special studies at : Occidental college. He has held j pastorates in ; California, Texas and Canada and was for several years la extension work .for the Los Angeles Bible Institute, having charge of evangelistic and ; bible conference work. . . ; . ' He has the reputation of being a sane and safe scriptural minis ter. Members of the Salem church are enthusiastie over ; securing him. During the short time he was in Albany, : attendance ; at i that church was remarkably Increased. As an evangelist and bible teach er Mr. Ross is widely known. He has had the advantage of exten sive travel both In this and foreign countries. He has journeyed in 23 countries, including ! Syria, Pales tine and Egypt, and has had op portunity for a close study of mor al, political and religious : condi tions of these countries. ; DEFECTIVE; DRIES OF Staging a drive on automobiles with defective brakes, .state and city police yesterday stopped 7 cars -on Broadway street and ar rested 11 drivers. An automatic registering Instrument attached to the running board of the ma chine was used in making the tests. In addition,- ! all required car accessories were Inspected. A number of motorists, observ ing what was going on, voluntar ily stopped and asked to ' have their brakes tested. , : The police halted only such cars as appeared likely ; to have bad brakes. -i . The first fine in the 13 -eases was ordered! in municipal court yesterday afternoon; when Paul C Welke of - Hubbard route two was assessed $2.50. t ';; - Other motorists arrested in the drive were: Corbln Sutter of Ore gon City, C. T. Fallen, 1095 North Cottage street; Nick Chlld ers, route nine; Ivan Ramseyer, 1145 Berry street; Oscar Harnor, 2615 Brooks avenue; R. W. Clarke, route two; Maurice Brown, Jr., of Albany, ' John Far-men- of Aumsrllle, Nickoli Ed ward - Gourton : of West Salem, and Harm Trey, ronte six. Jones Brought' Back; to Face Theft Charges Sergeant Asa Fisher, of the Sa lem police department 'yesterday returned from Bend with Harold Jones, 339 North High street, who is charged with having stol en : a roadster - belonging to Charles Kelly, 494 North Church street, . here Saturday night. Jones was captured by the Bend police. . - ; r !; - The man was held in the city Jail over night and probably' will be taken to Justice court today. Police yesterday Intimated other charges might be placed against him, since a number of unused, new articles of clothing were dis covered in his possession. . It ia believed ther ; mar have Jseen stolen.' ' : " CAUSE ISTS HO! r.i S opiSI Three Itinerants Blamed; Details of Holdup are Lacking at Eugene - r Section Hands Held up at . McCredie SoHnas. one ,f uives Bauie, mt ; . - - EUGENE, Ore., Oct. 28 .(AP) Reports received here late to night said an unidentified railroad man had been shot and probably fatally wounded by three Itiner ants who held up three Southern Pacific employes . near McCredie Springs. -;; -'vr. ' -: ; The report said two of the three section hands , had been tied up by the bandits but the third gave battle. The assailants shot him and: fled, the report said. The wounded man freed his compan ions and they took him to Oak ridge for medical attention. State police officers, deputy sheriffs and a doctor left immedi ately tor McCredie Springs and Oakridge. The telephone office at Oakridge closes early In the eve ning and no report had been re ceived from the officers. Through railroad sources a re port was received here late. last night that the man shot at McCre die Springs had died, but it was Impossible to confirm the story. ' PASTllBEMEflT OF FLAX PLArJT HIT Giibraith Praises Meier in Rotary Talk; Favors Reducing Acreage , In a talk before the Rotary elub yesterday noon F." J. - Giibraith, manager of the Miles and' Salem Linen mills, criticised "past condi tions at the prison flax plant and expressed approval of the plan for curtailing acreage this year. Stor ed flax he said had been sufficient for three years running at the plant. The curtailment of planting this year does not, be declared. mean curtailment of the industry. The old administration was not Interested in flax, said Mr. Gii braith. ' . . ' - " "Farmers were charged $8.50 a bushel for seed which they could have Imported for $S. This year they will be charged $3, and the cost will be IS an acre lnatead of $15, for seeding flax.' The former management of the flax industry was interested chiefly in selling flax pullers, ;on which there was a $3 SO royalty. Nothing wjas done until Governor Meier came In and had the courage to make changes to reorganize the Industry at the prison. This country Imports 1000 tons of flax a year and Oregon at the prison plant ean produce only 1000 tons or finer per year, worsr-ina- at capacity. The Pacific coast. however, ean trow enough flax to supply the whole world. Ireland does notr a-row as much flax as she -manufactures, importing from continental Europe. Russia pro duces the most, and. the poorest. flax, Belgium, Holland, Ireland and Italy grow the finest fiber. "Conditions at the state plant have not been what they should be and are not yet. The flax: was not properly .handled,, not retted or sorted right. It was graded by lengths rather, than by quality. The great need is for quality fiber. "The . Salem Linen mills since June has used 100,000 pounds of Oregon flax-fiber. We need now the development of flax mills in diferent . locations In the valley. The- Industry must go ahead and people must support it." TRDLLER BE IIP T PORTLAND, Ore., Oct. 28. (AP) The trolling boat Man- kato, of Seattle, was destroyed by tire about 'three miles - off the mouth of the TJmpq.ua river-today. Two men composing the Man- kato's crew were forced to leave the boat but were picked up a few minutes later by boats from the Uxnpaua river eoast guard station. The fire, however, had gained such headway by the' time the eoast guard arrived that the craft could not be saved. - - . Reports of the Incident, receiv ed at the Portland headquarters of the 13 th eoast guard district, did not mention the names of the men aboard the boat. , GIRL ESCAPES FTJUS PENDLETON, Ore;, Oct, 28. (IP) -Dorothy Miller leaped from the ssecond floor of a small apart ment building here today to es cape from a fire. ; She suffered minor injuries. The building was destroyed. ' : UHAMDTII Aged Aurora Man Fatally Hit by Auto "AURORA, Oct. 28 (Special) John LovealL; 19, of this city, was struek down and killed at 0:05 o'clock tonight by an automobile driven by A. A. Stanton of Port land at the south approach of the p-.dding river highway bridge. Mr. Stanton's ' heavy car dragged Mr. Loveal! 100 feet before It could be stopped, according- to Information received by the state police. .Witnesses said the aged man, who was deaf, walking south, step ped into the path of Mr. Stanton's machine to get out of the way of two approaching northbound ears. His back was. turned to the Port land 'driver, V; - . "l c - Coroner Lloyd - Rigdon : of Sa lem Investigated the accident be fore' the body was moved, sis far as could be learned, Mr. .Stanton was not held. He proceeded Into to Aurora to hare ' his ear repaired. The radiator and a fender were smashed, -..''i' ,v--V---- .'--;.."-:'--.-: Mr. 'Loreall, who lived near the end of the bridge, is survived by his wife and jn, Abe. -. The body was taken by the cor oner to the Miller undertaking parlors here. ----- DDI ELECTRIC Possibility Santiam Logs f Will be Dumped Into River Here Seen The Oregon Electric la at work rebulldiing its line between Sa lem and Jefferson in anticipation of tonnage which will move out of the Santiam district beginning in 1932. The line Is building extensions f rm Lebanon Into the timber I belt of the South Santi am; and this timber which is re ported ripe for cutting will be hauled over the O. E. A ' survey i has been , made of the - old , Spaulding log dump on tbe slough! south of the paper qui..; This might indicate that the logs will-be "dumped In the river here for floating down to market. - No indications ' have come as" to any possible milling of the logs in Albany or Salem. The work between here and Jefferson includes the rebuilding of the bridges. . For seven miles south of - Salem new ereosoted ties are being placed: and fresh ballast - laid. According to i re ports the line Is to be built - up to good -standards to carry heavy tonnage. .: ". ; :-' ; ? . Since the news of the exten sions of the Oregon , Electric into new Umber areas there has been much speculation as to the dispo sition ' of the timber. - Albany was ambitious .for lumber mills there. It was the general belief that the Oregon Electric and its parent . lines the Great Northern and Northern Pacific would want to control the movement of the Umber , and, lumber . clear from the forests to the consuming areaa in the middle west; but notnlng definite has ever been given out as to where the logs would be converted into lumber. UIOODBUl LEGIDil ELECTS Iffllil WOODBURN, Oct. 28 Plans for an . Armistice . -t day . carnival were made here tonight and new officers were elected at a meet ing of Post 40 of the American Legion.-; t .V ' .--:.' '" Dr. John . M ' Hanrahan , was elected post commander . to suc ceed Major Oliver S. Olson. Other officers elected were H. S. Butter- field, first vice commander, Jlel- vin Johnson second vice comman der and A. J. Reck adjutant com mander. --,.--: ; It was decided at the meeting to have the 181th infantry band here to appear in the parade and at other times during the Armis tice Day carnival to be sponsored by the Wood bum Legion. A com plete program for the day is be ing outlined. Tha Hubbard band will also be here for the occasion. Power Named as Reserve Officer Group President Dr. F, K. Power last night was elected president of the Marion Polk counties chapter of the Re serve Officer's Training corps at the regular meeting held at The Spa. Dr. L. B. Schmidt was chosen vice-president and Dr. Wolcott E. Burea reelected secretary-treasurer. Michael J. Mahoney of Ger vals and Tinkham Gilbert were se lected to represent the chapter at the 1932 naUonal eonrentlon. i - The 100 Reserve officers in the chapter will participate en masse in the American Legion Armistice day parade, it was decided." Major Tierney from reserve headquarters at Eugene addressed the men on "Mobilisation." , . FTJUS DAMAGES BJLNK PENDLETON, Ore Oct. 28 (AP)The First National bank building at Hermlston was badly damaged by fire today. Defective wiring was blamed for the fire. : flBUC Ui.ES JUDGE CHARGES II OF MESSES D'Andrea who Carried gun At Capone Trial Gets Six Months Jolt Perjury, ; Intimidation Said Prevalent; Wilkerson ; Makes Statement f CHICAGO. Oct. 28(AP)Ai uapone s income : tax trial - had a rousing aftermath in federal court today as the gang chief and his followers were denounced for "in UmidaUng witnesses, : and the bodyguard who brought a loaded pistol Into court was sentenced to six months in jail. Federal Judge James H. Wll kerson. who sentenced Capone to 11 years imprisonment adjudged bodyguard Philip D'Andrea in eontempt of court and ordered him locked up for six months. His presence during the Income tax trial with a weapon on' his person was a "menace to the court itself," Judge Vwilkerson said, but It was not as bad as the acts of the gang In general, intim idating some witnesses; -. caused others to perjure themselves. Notes Evidence of J Intimidation Before sentencing ; D'Andrea and then allowing him two weeks' freedom so he could visit his sick mother. Judge Wilkerson read a statement dealing mainly with the conduct of the Capone trial. It fol lows In part: - j "It clearly appears from the facts and ' circumstances before the court In this proceeding and at the trial of United States Ter ms Capone, that this respondent's acUvlUes were Unked ' with those of ah organised body J of men whose outlaw camp is at the Lex ington hotel. Of this body, defen dant Capone was chief. . r "To this camp at the Lexington were summoned witnesses who testified to the defendant Car pone's losses on horse races. To that camp were summoned coun sel for conferences, ,and from that camp, under what coercive influ ences we can only conjecture from what transpired In court, - came that array of shocking: perjury with which the court was con fronted during the closing days, of the trial. - : MR PREVENTED A - possibly serious downtown fire was averted yesterday eve ning, when two pedestrians dis cerned a flaming curtain n a win dow in the fifth floor office of Dr. Henry C. Epley. dentist, in the State Savings 4k Loan company building. They rushed into the Capital drug store and Albert Bayne, pharmacist, telephoned the alarm. . -. t:, The chemical, ladder and pnm er tracks were sent hurrying to the scene. Firemen soon extin guished the flames with chemi cals. The only damage was to the curtain and to the window, which was cracked by the heat ;.' . According to A. B. Browning. janitor, no one had been In . the office for a abort time before the fire was discovered. The janitor was downstairs at the time. The blase apparently started from a small gas jet which had been left burning near the cur tain. - i SERIOUS First Symphony Concert r Of Season io be Nov. 18 Salem's first "symphony concert this season Is to be held Wednes day night, November 18, In the Salem armory according to an nouncement yesterday by Mrs. W. B. Anderson, orchestra manager. "We are meeting with rery fa- vorable response in our solicita tion of aponsors for the symphony orchestra season," Mrs. Anderson said. "We have had very few re fusals on the part of citizens who really understood the value of an orchestra and its place in the life of a community." Three concerts are to be given this season. One will be given In February and another in April In Dr. RW. Hans Belts, conduc tor of the orchestra, is holding re hearsals once each week on Tues day nights at the Salem T. M. C. A. While the T. M. C , A. helped with the organisation of the or chestra and contributes the use of a room for practice, the or ehestra is strictly a community af fair and is not alUgned with any one clvie organisation. . The vjersonnel of the orchestra is taken from all professions of neonle in the city and from a di verse number of ages. The play ers, as thus far selected, are: Violins; -. - ; - Josephine Anderson, Fred Ba ker, - Wallace Beckett, Emily Bremmer, Fanny . Bowes, Melvin Prison For Life May be His Lot if h. t 1 4 . HUBERT NICCOLLS Professors to Contribute On Basis of Earnings; : Students in. Need The faculty of Willamette un iversity will start a loan fund for needy students who -might other wise be forced to drop out of school. It was decided at faculty meeting Wednesday afternoon, : Within a week the fund will approximate 8C0flLwHh the vari ous 'members contributing on a sliding scale in proportion to the salaries , they receive. Business secretary of the university, N. 8. Savage, will take care of the mon ey and It is hoped that townsfolk and others Interested will also make contributions to build up the fund. - : : The loan funds which have been in existence at Willamette In the past are' insufficient to meet the present needs of the students who would be forced to drop out of school for the lack of from $25 to $50 or more. Such a situation is facing: a number of students whose parents are having a hard time or students who are unable! to -find sufficient work to earn their luitlop money. One student, a senior,, had his income stopped ! when this Japan ese invaded Manchuria.-His broth er was forced to abandon his bus iness 'and' flee for his life-with what few possession he could take with him. This! student and any number of others are finding it hard to meet eipenses and will have to raise ' money from some source or drop school. v The Willamette faculty had con sidered raising, a fund for charity, but it was brought up at the meet ing that most of the faculty mem bers were already, supporting oth ers than their own families. One (Turn to page 2, col. 4) - " Clodfelter, John Edlger, . Louis Fowler, Tyrus Hiliway, Mrs. IL C. Findley, Katherine Headrick, C. J. Kirtz, Delbert Jepsen, Julia Moynihan, Beryl : Ottoway, Jean Patton, Saul Polihovsky, Elaine Stelngrube, Cleo Seely,' Virgil White, Rachel Uglow, L. Michael-son,- Mrs. Arthur Rahn, Kenneth Hunt, Kenneth MvKenzie, Mar garet Savage, t-.j - , : ; VIoUs:. Peter Foelkl and Mar garet Zersan. - -.. - - Cello: Alena ; Bremmer, Ken neth Fowler, Henry Lee. Chester McCain, Marie Patten and John UglOW.',; ' -r. S; : - ' i ;'.v ? Flutes: H. Kj Eymann, W. J. Mlenkiewltz, Donald Posjade and W. E. Satchwell. -Oboe: Carl Raymond.-: Clarinets: .. Walter Bush, Lucy Klein, Blair Foley Harold Jep sen, Hedda Swart, Clarke M. Will and IU Mnia, - , Bassoon: Lester Burgoyne, Lar rie Barham and Helen MeElroy. Barrytone: Evelyn neble. Ar nold Taylor, L. Roberts. : - Trumpets: .Fred Brewer, Doro thy Cornelius, M. S slander, Charles Emerick. Jack' Pollnovi sky. Wesley RoederRn,oell Scott and Fred Remington. Trombones: Ervin Simmons, Bert Breer,. William Bush. Kath erine Eaton.' Raymond Kites. " Drums: Henry Kolster. ; w Piano: Alice Crary Brown. FACULTY IT W. U. -PLANS LOAN FID y Hubert fiiccoils, 12, Fccm Life Sentence Acccrdirj ; 4 To Jurors' Recommtndi-, tion; Crowd Sympattc:: Defense Does not ask boy Be Freed After Slayinj Sheriff but Confinernsr.t In Insane Ward ASOTIN, Wash., OctJzS (API --Hnbert Nlccolls. 12j was con victed today, of murder in the first degree for the slaying of Sheriff John Wormell and the Jurors recommended life impris onment. - . . The boy sat stolidly as he heard the verdict, showing no emotion. A murmer. Interpreted by news paper men as indicating snrpriee and sympathy, rippled over the crowded court room, and necks were craned, but Hubert still did not even blink. Prosecutor Halsey said "I fei for the .boy as if he were my own son.- ; .... The; verdict meant that the jury discarded the insanity, abnorm ality and mental irresponsibility pleas of the defense counsel, and that Hnbert will spend the rest of his life In Washington state peni tentiary, unless released earlier for good behavior or pardoned. The defense had admitted the main faets-of the case, that Hu bert had stolen a revolver, enter ed Peter Klaus store to steal to bacco and gum, and shot the 78 year old sheriff who searched the "tp 'ter recetTln hnnf!nr During the three hours-aid three minutes the Jury was dll-1 orating, young Niceolls had frei Icked about the court room, laughing and Joking and playing with spectators and mnrt ffit als, as If he had not a care la the world. , i , Durlne areumenta thfa nn. ing he slept soundly in court for a while, then appeared very bor ed. When the case went to the Jury the cried, for the first tlm since the trial began Monday. Tfra call to luncheon cheered, him up, however and the prospect of twe kinds of pie made him beam oroaaiy. ; - Judge B. V. Kuykendall will pass sentence later. Tha case went to the jBry at 1:35 p.m.: after attorneys nleadcJ for the; boy's life while Hubert. wearied of all the talk, went io sleep. The prosecutor did not ask the death penalty, but urged that tka boy be confined as a menace ts society, saying Hubert knew the difference - between right and wrong when he stole from stores and killed the sheriff. Defense counsel did not ask that he be freed, but that he to confined In a penitentiary insanity wara or an institution. He was bright, but abnormal, they s-Ji, and was a victim of ap hereditary tendency toward Insanity and ef a sordid home environment. FiEliiliii . IS M EIMLS PORTLAND, Ore., "Oct. 28 (AP) By order of the district courtthe; coroner's office today embalipedf the carcass of Ethel Portland! whale. ; Ethelbert, after spending twe weeks in Columbia slough here, was harpooned last Saturday ky Edward O. Lessard and his son, Joe. They were arrested for dis turbing the peace and for "out raging public decency and mor als" and on two counts of violat ing Oregon game laws. The car cass of the whale was seized as evidence. . The Lessard's are scheduled f enter pleas tomorrow to a eaarga of using Illegal tackle In kiUirg the whale. Their attorney has an nounced he will seek a change of venue. Truck Driver is Victim of Heavy Dynamite Blzzt ' OREGON CITY, Ore., Oct. 28 Elmer Judd, 29, a wood dealer, was killed Instantly today. tn 100 dynamite caps and 25 pounds of 40 per cent blasting powder ex ploded in his truck. Judd was driving toward Ore gon City with a load of wood, the caps and powder on the teat fee side him. His -body was thrown SO feet and windows in nearby houses were shattered by the tlast. . He Is survived by his widow and a six-year-old son.