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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Nov. 23, 1938)
The Weather Fair today, cloudy Thurs day with continued cold. Max. ; Temp. Tuesday 60, min. 22. River .6 ft. North wind. Dern Demons Are still plaguing ropeyo and his friends. Follow the sailor's adventures dally on The Statesman's comic page. POUNDED 1651 v EIGHTY-EIGHTH YEAR Salem, Oregon, Wednesday Morning, November 23, 1938 Price He; Newsstands &c No. 206 . - Probe Started Of Gas Death Mystery Case Officials Drop 'Suicide Verdict in New York Man's Death Manslaughter Is Charge for Wife Who Thought up' Death Plan ". i ' " ; ' " " -. ' " : ' " WHITE PLAINS, NY. Nov. 22. r--Renewed examinations mov ed Westchester county authorities tonight to withdraw a tentative verdict ofsuiclde and intensify in- yesttgauon mw gas" death of Eugene Y. Burck haltetr, 47, in which bis wife is accused of aiding. . Meanwhile, Melvln Kittel, 34, dapper salesman and former, Call fornian and college graduate who was her friend of long standing, was arrested and held in $2,000 ball as a material witness. Woman Charged Manslaughter . "This case is wide open, said Astt. Dist. Atty. ElbeTt T. Galla gher after the graying, 44-year-old -widow Marie, was formally charged with first degree man slavghter and held in 10,0 00 bail. (Aiding a suicide constitutes man slaughter under New York law.) Dr. Amos O. Squire, Westches ter county medical examiner, said that the case was carried on his record as "death by carbon mon oxide poisoning" and that any ref erence to suicide would be left to the "filing of a supplementary death certificate. Cremation of the body, which roiiarr Bald was ordered by the widow to be done "as quickly as possible and without publicity ,-' after the body was found In the Burckhalter garage last Saturday, was delayed four or five hours to day while the vital organs were taken for analysis; Blood Test Shows Deadly Gas Dr. Squire said they showed about 39 per cent carbon monox ide in the blood and some alcohol; Indications of "intemperance" be cause of an oversize liver; vari ous other serious ailments and ine presence ujjw""1; : j induces le'f:vi-'i'ri-"'1! Mrs. Burckhalter was subject ed to prolonged questioning and Gallagher expressed doubt as to some of the details she told of helping her husband rig up a vac uum cleaner hose to the exhaust f a car in their garage to make a lethal chamber of the. Interior, where he was found dead. Gallagher said local police were in posesslon of a glass from which she told him she served Burckhal ter an eggnog Just before he- fum blingly pushed the starter of the car to start the flow of exhaust gas. i Washed Glass As ... Husband Died The prosecutor said she took the glass back to the kitchen and washed it before leaving on a shopping trip while Burckhalter lay In the car. Gallagher said the slight, be spectacled housewife admitted she 'thought up" the method of death and helped herhusband locate the starter button in the darkened garage when he faltered. Shaking so violently she had to clutch a rail tor support, Mrs. Burckhalter, who was named sole-beneficiary in her husband's SlO.OOOltf insurance policy, was ordered to the county Jail at East view, pending arraignment next Tuesday. Gallagher described Kittel as having -been "very friendly" with Mrs. Burckhalter for some years, both here and in California, and said that in, recent weeks they had appeared together at wrestling matches, night clubs and theaters. She insisted, Gallagher said, that their relations were "platonlc." Southern Pacific Freight Pick up SAN FRANCISCO, Nov. ll-ifr -Two small news items which may prove significant to Pacific coast railroading and general business turned comment into cheerful channels today. . First, the Southern Pacific, for the first time this year, had more fieight to haul than a year ago. Second, shippers took the ini tiative toward working out A plan tor cooperation with railroads to save the latter operating costs. In order, presumably, that ship pers may save themselves from higher freight rates. The Southern Pacific's upturn in freight traffic for the week was partly the result of delayed loadings carried over from the preceding week, which had two holidays. However, it marked an achievement toward which rail road freight traffic has been build ing for some months getting traffic volume ahead of last year. Ti orris Says Roosevelt Will Be 1940 Candidate Chattanooga, Tenn., Nov. t J-(i!P)-Sen. George W. Norr is (lnd.-R) of Nebraska, said tonight defeat of the president's policies by "reactionary machines" would fore Mr. Roosevelt to be a candi date tor reelection in. 1940, Meat Packer Threatened if Loading DonebyNon-Uni CIO Livestock Handlers Head Says Butchers Will Refuse to Touch "Scab" Handled Stock ; ' - Management Defies Unions ' - CHICAGO, Nov. 22 -(AP) -CIO spokesmen at the Chi cago stock yards said tonight that a strike of handlers called at the yards would be extended to include between 18,000 and 20,000 packing house employes if non-union men un loaded livestock, ! ' Ben Brown president of the CIO livestock handlers' General Strike Is Threat in France Labor Organization Meets Daladier Measures by Strong Action PARIS, Nov. 22-;p)-The execu tive committee of the general con federation of labor met Premier Daladier's stern measures to halt spreading labor troubles with in announcement tonight that it had decided to carry out instructions for a nation-wide strike Involving 5,000,000 French workers. The confederation's national congress at Nantest last Thursday adopted a motion authorizing col lective cessation of work to pro test the premier's decree laws, particularly those abandoning the 40-hour w"ork week. The executive committee planned a further meeting Fri day to arrange the actual date for the strike. The general confederation of government employes also sent instructions to all its affiliates to Join in a nation-wide protest day set for Saturday. Labor circles in northern France termed the strike decision a ' direct challenge to Daladier s plan to abolish the 40-hour, five day week as a means of speeding up armaments production. Before it was voted, Daladier had issued instructions to pre fects of all departments to "put an end immediately to occupations of factories which have taken place." aick tons Silent On Deadly Spree Three Are Dead Following Alky Party in Kansas Penitentiary LANSING, Kan., Nov. 22-JPf-The silence of 20 sick felons stale mated Warden Kirk Prather'g in vestigation tonight into a methyl alcohol party that resulted in death early today for three Kan sas state penitentiary inmates. The close-lipped convicts re fused to disclose who stole two one-gallon jugs of a soap com pound from the prison engineer's office and played host to a .Sun day party climaxed last night when 25 prisoners were rushed to the penitentiary hospital. Before dawn today the bever agehad proved fatal to Glen C. Roy, 35, serving a 5-to-10 year sentence for second degree rob bery in McPberson county; Mon roe Adams,. 31, serving 10 to 21 years for first degree robbery in Shawnee county, and J. B. Harris, 41, serving 10 to 15 years for bank robbery in Coffey county. Oran Houseworth," 80, serving 10 to 21 years for first degree robbery in Douglas county, re mained in a critical condition but doctors conceded him a meager chance to recover. A score of other prisoners stricken on the same spree re mained in bed in the hospital or their cell house, but they were not In danger of death. Portland City Budget Is Near Six Millions i PORTLAND, Nov. 22P)-Bud-get requirements amounting to 35,903,106 were authorized by the city councU today. The sum did not Include a .4 mill levy of 1107,000 approved at the general election for playground purposes. Envoy to Germany to Relate Story tot President Sunday ! WARM SPRINGS, Ga.. Nov. 22 - (JP) President "Roosevelt an nounced today ' he would confer here Sunday or Monday with Hugh R, Wilson, ambassador to Berlin, who has been called home for consultation on anti-Jewish perse cutions in Germany. Talking .with: reporters In his cottage on Pine mountain, 'the chief executive also said he may see Speaker Bankhead and -Rep. Rayburn, of Texas, house demo cratic leaders, during his two weeks' stay here. He emphasized he was here to play and had made no appointments for callers ex cept that for Ambassador Wilson. Hit negative replies to a series of questions regarding national and international affairs came as a preface to an unexpected criti cism of the state of Georgia, big Strike Is union, said all CIO packing house employes would refuse tohutcher any "scab handled" livestock which was unloaded after p. m. tonight. Previously the management of the yards announced operations would be continued. "We will continue to operate," said O. T. Henkle, vice-president and general manager of the Union 'Stock Yards and Transit company. vve have been in business 65 years. We are going to continue to do business." He issued this defy an hour before a trading truce expired at 5 p. m. but declined to outline his plans for moving livestock through the nation's largest mar ket without benefit of the strik ing handlers. Under an agreement with the packing house workers' union, the 60,090 cattle, sheep and hogs herded into the corrals since the walkout yesterday morning were sold. The square mile of pens teemed with men and animals throughout the day.- Clerks and commission men, their white collars muffled under heavy coats, guided the stock to the weighing chutes. Thence they were led to the slaughter houses. " It was indicated the dispute would reach a crisis, tomorrow. Approximately 10,000 head of stock were expected to arrive from the country then. Duck Hunter Dies From Gun Mishap Francis Olson Is Killed When Sfrpgun Goes off Hj(j.i lnBoat Bottoin Francis Olson, 23, was killed almost instantly about 4 o'clock yesterday afternoon when a 12 gauge shotgun accidentally i dis charged into his right side while he was duck hunting on the Van Santen farm lake two miles north on the Wallace road from West Salem. Phillip Schultz, his companion In the boat when the accident hap pened, told Investigating State Po lice Sergeant Farley Mogan that, sitting with his back to Olson, he heard Olson's gun discharge. Turning in the boat, he saw Olson with the gun in one hand and an oar in the other, just topple into the water from an erect position. Schultz pulled him out and went for assistance. The Salem first aid car was called, which took Olson to a local hospital where he was pronounced dead upon arrival. Glenn Lewis and Mike Kipper as sisted the first aid officers. The two hunters were pulling to shore when the accident happened, according to Schultz, and he indi cated he was at a loss to explain the tragedy. Olson is survived by his parents, Mr. and Mrs. Frank Olson, of Sa lem, route one, and a sister, Irene Moriarty of Salem. Mail Is Limited For Turkey Day Only perishables and special de liveries will be delivered from the Salem postoffice Thanksgiving day. Postmaster H. R. Crawford announced yesterday. Otherwise mail activities will be at a stand still, except for the regular out going service. Under the heading of perish ables may i come some belated Thanksgiving turkeys. At . any rate, Crawford said yesterday about 20 turkeys were 'received through the mail for distribution to city and country homes here abouts. "other home," for failure to co operate with the federal govern ment on public works. He said Georgia was the only state which had done nothing thus far to enable it to borrow from the PWA and other new deal agencies, and the federal govern ment had become soft-hearted on two occasions and permitted the state to obtain projects through Indirect borrowings. . r He added this would never hap pen again, for he was tired of having one state among 48 refus ing to go along. Georgia would not get one cent more for PWA projects, he emphasized. I 4 The conference here with Wil son, the president said, would follow the ambassador's confer ences In Washington with Secre tary Hull on his arrival from abroad." Three Chosen To Fill Posts Of Principals Tavenner, Girodand Miss Tipton Named Acting Principals Retirement Notices Will Be Sent to Retired School Heads Two men and one woman were elected by the Salem school board last night to till the three princi palshlps to be left vacant by the operation of the state teacher re tirement act, whose constitution ality was recently upheld by the state and US supreme courts. The appointments will take effect next Monday. Named as acting principals for the remainder of the year were R. W. Tavenner, Leslie junior high school; Lloyd Girod, Rich mond grade school, and Gladys Tipton, Grant grade school. The board received no recom mendations for the senior high school assistant principalshlp, now held by Tavenner, or for the ma thematics position at Parrish jun ior high to be vacated by Miss Tipton. W. H. Arstill of McMinn vllle was elected to take GIrod's position as social science instruct or at Leslie and Dorothy Jane Murphy to fill the place of Adona Cochrane, third grade teacher at Richmond. Notices of their retirement, bearing the board's expression of appreciation for their services will be sent to LaMoine R. Clark Leslie principal; E. A. Miller, Grant principal; Anna Fischer, Richmond principal, and Miss Co chrane. No other retirements are slated for the current school year. An opposing vote by Mrs. David Wright to the unemployment com mittee's recommendations of the three principals indicated the di rectors' choices, actually made at an executive session Monday morning, were not unanimous in all Instances. It was understood Superintendent Silas Gaiser did not concur fully in the report from the committee, of which he Is a minority member. Directors L. E. Barrick and E. A. Bradfield supported the report. W. F. Nep tune and Percy A. Cupper were absent. " f , ' Steps will beVtakeri-lranVedI4te-ly by District Attorney Lyle J. Page to secure dissolution of the injunction under which the board has been forbidden since last win ter from enforcing the retirement act, the superintendent said he ha been assured. The directors also approved the use of the Parrish gymnasium for city major, minor and industrial league basketball and ratified a $71,000 loan recently secured to tide the district over until addi tional taxes are received. Grange Meet Is Near Conclusion Farmer Body Considering Reports for Revamped Farm Laws PORTLAND, Nov. 22-(;P)-WIth only two days of its national con vention left in which to act, the grange turned today to consider ation of committee reports lead ing up to recommendations for re vamped farm legislation. Subjects of reports were not divulged, but grange officials previously indicated that the con vention's most Important action would be toward governmental revision of present agricultural acts. Louis J. Taber, national grange master, criticized the present acts in his annual speech, opening the nine-day convention. A resolution passed today ad vocated "American markets for American farmers at prices con sistent with the American stand ard of living." Also urged was legislation requiring ratification of all trade agreements, "recipro cal and otherwise," by the United States senate before becoming ef fective. "We oppose the Importation of farm commodities if the net re sult addrs to idle men or idle acreage or 'causes American prod ucts to be sold below the cost of production when efficiently pro duced," the resolution continued. Jess Webb Given Two Years Prison Jess A. Webb was sentenced to two years in the state peniten tiary when he appeared before Circuit Judge L. H. McMahan yes terday on a charge of forging a $25 check over the name of Her ald R. Tomppson on the Bank of Dayton. He pleaded guilty to a district attorney's information. Also pleading guilty to forgery, Robert B. Wallace was released on his own recognizance under a continuance for sentence with the provision he make good the check, for $7.45 given over the name of A. N. Zieten. ' - The court accepted a district attorney's recommendation that Ronald G if ford, who pleaded guil ty to larceny of a cornet, be re leased and imposition of sentence suspended during his good be Newspaper of Nazi Elite Guard Predicts Annihilation FIGURE IN SENSATIONAL TORTURE CASE ;V His face livid with anger, Irving Baker (left) described from the witness stand how he was kidnaped and tortured by Dr. Kent W. Berry, socialite physician of Olympia, Wash. Mrs. Baker (right) testified in behalf of her husband and told how armed men literaMy tore him from her arms and took him away last August. Dr. Berry declared Baker had attacked his wife and he said his mind was a blank daring the alleged "torture abduction." (UN.) 1 O : ; Four Guests Deny Mrs. Berry's Tale Other Guests at Party Say Baker Was Sober During Day OLYMPIA, Wash.. Nov. 22-P)) Four guests at a July fourth 1 party at Mud bay near here de nied to a superior court Jury to ay parts of Mrs. Elizabeth Ber ry's story that Irving Baker, 37, retired coast guard officer, vio lated her during the outing. They appeared as state rebuttal witnesses in the trial of Dr. Kent W. Berry, 50; William K. Mc- Alocn, 65; James Reddlck, 28, and 'Robert n5m.fth, 32, charged with first degree kidnaping and assault In connection with an ad mitted attack on Baker August 19. The defendants rested their cases at 4 p.m. Eileen Griffin of Olympia, first of the party guests, declared Ba ker was not under the influence of liqadr July 4. Mrs.. Berry had testified for the defense that he was so drunk he was unable to drive his automobile to Olympia that evening. Robert Stevens, Portland, Ore., clerk, and Gladys Stevens, his wife, both declared Baker was so ber the afternoon of July 4; and Miss Roberta Davis, Berry's for- mar nttlfa mints nl1 Rakpr w&a Tsdher at 9 p.m. that evening. All four witnesses testified they noticed no difference in Mrs. Ber ry's behavior July 3 and July 4 and were conscious of no change in her relations with Baker. None recalled seeing her weep, or see ing signs of recent tears. Albany Motorist Draws License 13 C. H. George, route 1, box 83, Carlton, drew 1939 automobile li cense No. 1 at the annual drawing held in the state department yes terday. W. R. RagBdale, Baker, Qrew li cense No. 2, A. J. Oliver, Cornel ius, No. 3; Miss A. Claire Dunn, Eugene, No. 4; E. E. Brando, Troutdale, No. 5; Susie Schneider, Cottage Grove, No. 6: Mrs. SI grid Olson, Forest Grove, No. 7 ; L. P. Bennett, Salem, No. 8; Elmer Moon, La Grande, No. 9, and Vera W. Talcott, 5529 SE Bush street, Portland, No. 10.' License number 13 went to Anna M. Bender, Albany, while A. M. and Ines S. Robinson, Marsh field, won license number 23. R. F. Beasley. Klamath Falls, received license No. 25, and Mrs. Hazel Rose No. 30. The 1939 plates have a yellow background and black numerals. Cold Wave Covers Whole of Oregon PORTLAND, Ore., Nov. 22-(P) -Teeth chattered in Oregon today despite a bright, cheerful sun. Three communities, Bend, Lake view and Baker, reported mlnlr mum temperatures of 12 degrees above tero. 1 j Portland, where the tempera ture fell to one point above f reel ing, was covered by a thick frost. Hood River registered 18 degrees above tero, Medford 24, 'Pendle ton 2, ' Roseburg 28, Siskiyou Summit 24, Grants Pass 18, and Salem 22. r At Meacham, high In the Blue mountains where it's supposed to be plenty cold this time of year anyway, . the ' unofficial reading was 2 degrees below sero. Fair weather and little change in temperature was forecast for Wednesday - Nazi Consul Talk To Legion Group Hurriedly Halted SAN FRANCISCO, Nov. 22-() -A scheduled speech on "The New Germany" by a German consular attache was hastily cancelled to day by the RIalto post of the American Legion when a past post commander threatened to talk about the treatment of Jews In "The New Germany" if the speech were made. Hans Von Bernhard, attached to the German consulate here, was to have made the speech, but was told by apologetic Legion officials that he needn't come after all, as the meeting waB going to be "too smftll te bothef ahoL" - Maj. Myron B. Goldsmith, past commander of the post, resigned, made the threat to talk about treatment of Jews. When the speech was cancelled, he was still indignant, demanding of Vice Commander Howard Ellis, "what he meant by inviting the nazl representative." Jubb's Testimony Startles Hearers Memory Expert Declares He Was Deputy Police When Arrested BEND, Ore., Nov. 22.-;p)-R. Kenneth Jubb, Portland memory expert on trial for the alleged murder of Delmont Lawrence, jail janitor, startled courtroom attendants today when he testi fied he was acting as a sheriff's deputy at the time of his arrest, shortly before Lawrence was killed. Jubb said he and Mason Hen derson were deputized to aid law enforcement in connection with the disabled American War Vet erans' department convention. He related he turned over his star to Harris Meac! r, arresting offi cer, before he was taken to Jail. The expert said he had no rec ollection of what happened laer, after he asserted he was struck with a chunk of wood. All he could remember, he said, was "a purple flash in front of my eyes." Lawrence died after an alter cation in the jail, where Jubb was detained on another charge. Jubb testified he did not recall ever having seen Lawrence. The defense maintains Jubb was at tacked by an inmate of the Jail A state witness, Melvin Bickell. testified Jubb accosted him on the street, shortly before Jubb was arrested and asked: "Do yoa know yon are not going to live to see morning? " Hundreds Buried as Slides Roar Down CASTRIES, SL Lucia, British West Indies, Nov. 2 2.-(P)-Steep mountainsides of St. Lucia, among the most beautiful in the West In dies, cracked open today in a se ries of avalanches which buried an undetermined number of per sons estimated as' running into the hundreds. The . government, supervising rescue work, late today had ac counted for 75 bodies. Many per sons were missing and one esti mate was that 150 had been killed. ; An area of 4 square miles was ordered evacuated as a precau tionary measure as slides contin ued this af ternoon. . One area of seven acres was covered with a coat of clay slime 20 feet deep. .. ,r . j ' A whole mountain appeared to have parted in half and toppled over, the mass moving across US Is Readying Note for Japan Hull Says Japan's Reply to let Note Conflicts With US Stand WASHINGTON. Nov. 22-()-In an effort to break a diplomatic deadlock with Japan, the United States department appeared to be preparing tonight to send a new note to Tokyo insisting that American rights in China be ob served, f 'i ' Japan's reply to an earlier American note, which demanded th jteainteaance of the open door and j complained "that Japan ; was trying to monopolize 5 Chinese trade, was characterized today by Secretary of State Hull as unsatis factory. The Japanese reply had reject ed all major contentions in the earlier American note and de clared that "ideas and principles" of the past no longer applied to the Chinese situation. Hull said today that the Japa nese communication conflicted with the general position the Unit ed States has taken throughout its history. Officials acknowledged that it was the implications In Japan's remarks about past principles and about the creation of a "new order" in eastern Asia that trou bled them most. Observers have Interpreted the remarks as an in dication that Japan expects to dic tate conditions under, which fo reigners shall live and foreign business be carried on in China. CoL Gimp May Be Indicted by Jury LOS ANGELES, Nov. ll-JPt-Deputy District Attorney U. O. Blalock announced today that the grand jury would be asked tomor row to vote indictments against Martin (Col. Gimp) Snyder, charg ing him with the attempted mur der of Blues Singer Ruth fitting, Snyder's former wife, and Edith Snyder, his daughter.. Snyder already is under indict ment, charged with assault with Intent to murder Fyrl Alderman, composer and accompanist for Miss Etting. The singer and Sny der's daughter were present at Al derman's Hillside home when the composer was wounded last Oc tober 15. Blalock said the jury also .will be asked to charge Snyder with kidnaping Alderman in downtown Hollywood and forcing him it gunpoint to drive to the residence. West Indies Isle valley so rapidly that few had Ume to escape its path. Some witnesses said the land slides began with loud ' detona tions, lending weight to reports they might be of volcanic origin. The meterologteal Station of near by Martinique Saturday warned that disturbances could be expect ed Monday or Tuesday. Others attributed the slides solely to continuous rains of the past three weeks. Two hamlets were buried in the initial slide last night. New aval anches today buried more inhab itants,, including injured victims of the first and rescue workers and carpenters building wooden ccfflns. -.' . . ' s Fifty laborers were swept Into a river when a house in which they were 'sheltered tumbled down with an acre of land. Few were saved. -: - i . of Jews Goebbels Says Nazis to Keep Up Jew Drives Party Organ Says Jevrs Will Be Wiped out by I Fire and Sword" Propaganda Chief Raps? ; British Criticisms of Nazi Policy j BERLIN, Nov. 2 2-iP)-Ann infl ation by "fire and sword" of Ger many's Jews if they sink to crim inality was predicted by Das Schwars Korps, organ of the black-uniformed elite guard, . to day while the propaganda minis ter declared nazls will "stick to . their guns" in carrying out their anti-semitic plans. The weekly paper said Jens soon would become impoverished in Germany and in that status might become a "community of hundreds of thousands of crim inals." j Should that occur, it said, Ger many would root out "the Jewish underworld just as we used to root out criminal elements in. oar land of order: with fire aad sword." Goebbels Speaks Before Workers : Propaganda Minister Paul Jo seph Goebbels spoke to 2000 pro paganda workers of the Berlin district. The meeting, first of, a series of 1500 anti-semitic demonstra tions scheduled during 4he next few months, was held as Germany prepared to press economic anni hilation; of the Jews, a policy which appeared to be driving wedge deeper between her aad the three great nations the United States, France and Bri tain. , Speaking in the Kroil1' opera house, Goebbels' coupled his at tacks on Jews With yesterdays de bate in the British bouse of com mons, when Germany's policies were criticized and warned: "If the English want to con clude a binding friendship with the German people, they should not make this friendship depen dent on inner political German circumstances." Note From US ' Is Received Earlier In the day Germany bad received a United States note ask ing formal assurances that decree ousting Jews from German busi ness would not apply to Americas) citizens, and informed quarters had admitted the pressure on Jews greatly alienated French sent- ment conducive to a "no mere war" accord with France like that with Britain. "The behaviour of Jewry itself in Germany compels a sweeping" and swift solution," Goebbels as serted. "The German nation today longer will put up with interfer ence and a governess-like tute lage," he said of parliamentary criticism in London. - ."They say: In the last fire yean you have handled the Jews badly. "But Jews still possess SO per cent of Berlin's real estate. Jews even now own capital of approxi mately 8,000,000,000 marks (S3- 200,000,000). That means the German people, according to their percentage of the population,' ought to have 900,000.000,000 marks ($360,000,000,000), bat the German people possess only i 200,000.000,000 marks ($80,000.- j 000,000) of national wealth. E "That means, . therefore, that ! the Jews still have managed to keep the four and one-half times more of German wealth after five and a half years of national social ist government. i Death Hammer Is Found Near Body THE dIlLES. Pre., Nov. 22.-(F)-A hundred feet away from where they , found the j. horribly beaten body of a man identified as Dewey Burrell, formerly of Marys ville, Idaho.police today discov ered a 1 two pound machinist's hammer. . j The Instrument, heavy enopgb to have been' used as a weapon t crush the victim's head, was tak en from the muddy bed of a creek. A clump of sagebrush 30 feet from the Columbia River highway near Biggs yielded the body yes terday. .. Kitchen Is Much Befler, Hospital Force Reports ' Robert Kitchen, seriously -In- jured Saturday night in an auto truck collision that took the lives of his brother, Marshall William and Glen Nash, was greatly Im proved last, night, according, to Salem . General hospital attend- : ants. -. ,.-' -V ' . ': vi ' :rY- : . An ' Inquest ' Is scheduled for t& -1:30 today over the accident.