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Show 3 THE BEST ADVERTISING MEDIUM CAEBOS COUNTY VOLUME (f: IS 11 illwi iLiriiLK XXI Helper, Carbon County, Uta h, Thursday, July Equipment Ready Court Sustains Conviction Of Blackie Gibson ftate Supreme Court Affirms Conviction of Helper Murderer Jack, Martin, alias Blackie, Gibson will continue serving his life sentence in the state penitentiary for the killing of James Pappacostas In Helper in 1922, as result of the affirm-in- ? of the conviction of the first degree murder charge by the ptate supreme court handed down Thursday. Martin was arrested in Nevj-dand found guilty of the of the Last Chance pool John a ir II JlJUi 11 11 TO"rietor shortly after Hay-te- r Oscar Philion Canadian war veteran had been charged with the crime, held in the Carbon county jail for six months, and released when he had conclusively proven a case of mistaken identity. Martin, who has servel almost aptwo years of his sentence pealed from the verdict of the trial court on three points: first, the alleged error of the court in refusing to Instruct the Jury not to return a verdict in the first degree; second, refusal of the incourt to give a requested struction on the credibility of a witness, and third, an exception to certain remarks of the prosecutor in his argument to the Jury. court decision, The supreme d written by Justice W. H. and unanimously concurred in, held that the record disclosed no error affecting the substantial rights of the defendant, or which prevented him from having a fair trial. The instruction regarding the credibility of a witness, which the trial court refused to give, was directed primarily at the testimony of Ruby Balotls, who occupied a room in the rear part of the pool hall at the time of the slaying. The girl's testimony was that she heard a quarrel between papnacostas and Gibson, "when the, latter refused to leave, the room of Eunice Russell, another occuoant of the place. Shortly after the quarrel started Miss Balntis testified she heard throe shots. At trial of Philion, the ci'l identified the war veteran as fMbann a"d at the second trial she Idpntified the defendant Martin as Gibson. The defense contended that special attention should be called to this contradictory testimony by the court su-in instructing the Jury. The that preme court decision held credl-hMitv th peneral Instructions on of view in were sufficient th fact that the conflict In the jr"rl's identifications was so definitely brought out in her examination on the witness stand. Amends to Philion for W ofwrongful Imprisonment were fered In the sum of $5000 sanctioned by the action of the last legislature. Fol-lan- te For Moab-Sa- lt Lake Bus Route SUM , COME ON OK. Ihcme whew Th'awil HfLV " " " From High Water fe&J. Many Sign Up For Free Swimming Course July 20-- 5 SWIMMING INSTRUCTOR BROUGHT HERE BY KIWANIS CLUB A swimming and life saving campaign for children and adults will be sponsored by the Kiwanis club and local chapter of the American Red Cross at the Helper swimming pool from Monday, July 20 to Saturday, July 25. Richard C. Newmeyer, a member of the life saving corps of the University of California, and a popular instructor of the Pacific coast will conduct classes which will be free of charge to the people of Helper, the only fee being the regular swimming fee charged at the pool Four different claaess of instruction will be given by Mr. Newmeyer during his week In Helper. The first class in instruction for beginner swimmers who know nothing of swimming, the second class for professional swimmers, the third for fancy diving and swimming and the fourth class In life saving. Classes in each group will be conducted daily, A number of local people have already signed for the courses, In W. H. Wardell however, charge of arrangements urges all those wishing to take the course who have not signed for the Instruction to procure the necessary application cards at the local nool and return the cards before Sunday. Improvements are being made at the local pool this week. The fence enclosing the pool is being painted as well as the Inside of the pool. Klwanlans are negotiating with officials of the Utah Rock asphalt company to secure asphalt for a walk around thn pool and to place a new bottom In the Fair Building Six Bidders Figure Cost; Helper Contractors Win At $3477 The contract for construction ot the new fair exhibit building was awarded to the Helper Building company at a meeting of the Carbon county fair board held Tuesday. The Helper concern submitted the lowest bid among six bidders which amounted to nearly $500 less than the next lowest bidder. A complication has arisen reto garding the award of this bid inthe Helper Building company asmuch as it' la believed that one of the members of the fair board is financially interested in the company. The question brought before. County Attorney Walter C. Gease who stated that there was a legal quesion Involved. Final action will be taken Mr. by county officers, he said. Cease further stated that "It Is my opinion that the county commission should be the body to award any bids with the fair board acting as an advisory body. Thn contract of the successful bidder specifies that the building $3,-47- 7, was ' 'r Mr, and Mrs. James Papacos-ta- s returned home Wednesday from a vacation trip through the state of Colorado. They were away ten days. crew of twenty laborers working for the city. The barricade erected against the ravages of future floods la comprised of heavy wire cable backed by heavy boulders, rails, and the wrecks of old automobiles, built to a heighth of seven foot, and twelve feet wide. The rip rapping extends from the Hill street bridge to the Oberto bridge and offers a safeguard to the district hardest hit by floods In past seasons. Mirasco Faces Arson Charges For Helper Fire Nineteen Scouts C.M.T.C. Attracts Complete Week's Eight Youths Of This Community Training Course Building Owner Fails To Prove Himself Absent At Time Of THREE HUNDRED SCOUTS OF Eight youth's from Helper are FOUR COUNTIES ENTER enrolled In the Citizens' Military HUNTINGTON CAMP training camp at Fort Douglas. H. Kimball, are: Nineteen boys of Helper Boy They P. Arthur S. Deven-is- h Frank Rice, Henry Scout troop returned home MonV. Hunter, Joseph Stanley day from the weeks training Litizzette, Albert C. Pe'arson, Jr., conducted camp up Huntington L. L. Smith and Leray which was attended by over Henry Smith. 300 scouts from Carbon, Emery, Camp Instruction is under the Sanpete and Utah counties. The and solcamp conducted by the Timpano-go- s supervision of officers Thirty-eight- h U. S. council, was the first to be diers of the held locally and was very suc- Infantry. The daily program includes participation in some form cessful. The Helper youths were under of athletics. First Lieutenant William F, the leadership of assistant scout master Dick Chllda. Harry Clark Dean, camp adjutant, has anand Byron Carter, members of nounced the program of training the Helper scout committee were for the final two weeks of enalso in attendance at the camp. campment will Include firing on The Castle Gate troop, repre- the range with the rifle, autosented by 19 scouts, were the matic rifle, machine gun and recipients of the greatest number pistol; combat problems and field of awards at the court of honor exercises, physical training and which climaxed the week's acti- close and extended order drill. vities Friday evening. The Helper August 1 has been designated troop was awarded the second as visitors' day. A parade will be held at 4:30 p. m., following highest number of badges, followed by Castle Dale and Ferron. which Colonel H. C. Price, post Sam Fratto of Kenilworth now commander, will the present holds the distinguished rank of awards to candidates for military "agle scout as a reward for the and athletic proficiency. The 28 merit badges ha has won, 14 camp will be demobilized August of which were presented at the fifth. Huntington camp. General activities of the train- Crawford, naturalists. The number of scout from the ing camp were directed by Execuattendance tive A. A. Anderson, handicraft county troops In director; Glen Smith, St. George, were: Helper, 19; Price, 24; Cas19; recreational leader; J. W. Hum- tle Gate 19; Wellington 13; phries, supervisor of the Mantl Kenilworth 17; Columbia national forest, botany instructor Greenrlver 13 and Spring Canand Dean Bench and Clayton yon 9. Intent to defraud Business Group Starts Banner Girl Contest Given For Selection of the GIRL I To Carry HELPER'S BANNER on Carbon County float entered in WAGON PARADE At Salt Lake Mayor F. R. Porter will present winner AT i -- Rainbow Gardens - Helper Helper SAT., JULY 1 8 ainbovv Cal's R amblers an insurance Harry "Happy" Palmer Is once again lodged In the confines of the county jail and judging Ironi his self committal, is glad to be there. Palmer walked Into the deputy sheriff's office at Salt Lake Monday, glanced at the pictures on the walls and pointed to the one of himself, at the same time calling. the attention of the officers to the similarity. 'Palmer escaped from the Carbon jail June 28 In company with Arthur Scott, In the third successful bleak made from prison the last six months. He had also escaped in company with other prisoners January 27. He is convicted of cattle theft In Emery county. Search for Palmer had spread over the state, although officers were led to believe he was in hiding near his home in Emery county. According to the story told to Salt Lake officials he had traveled through Kansas and Nebraska during his two weeks absence from jail but found it too hot for comfort, and with food scarce and jobs scarcer, augmented by the pending fear of being picked up by a cop, he considered it much more comfortable inside than outside. company in connection with the explosion and fire which destroyed a brick building in Helper on the night of June 12, was bound o over to the district court to face of arson Charles by charges Averill, justice of the peace, Six Second Wednesday. Mirasco was taken Into cusGames tody upon his return from Salt Lake where he said he had been On Home when the fire occurred. After questioning by authorities he was The schedule for the second held for preliminary hearing. ' Mlraaco's defense was confined i half season of the Utah State to attempting to prove that he j baseball league has just beeu bewas In Salt Lake at the time of completed. The new schedule 8 with Helper at Amgan July the fire and could have had erican Fork and Salt Lake at nothing to do with it. However, Provo, and Sunday's game was the prosecution witnesses who with American Fork at Ogden. testified that he returned from Salt Lake and then to Salt Lake The postponed game between was playSalt Lake and returning after the fire. An auto- ed here on the Helper The date. latter bemobile which was abandoned side the burned burned building playoff between Provo and Salt which was registered In the Lake for the first half pennant name of Louis Mascaro of Lark, honors will be announced later. is The second half schedule Utah, lead officers to believe that Mirasco drove to Helper from as follows: Wednesday, July 15 Provo at Salt Lake In the machine. American Fork. Paul Pessetto, Helper fire chief Sunday, July 19 Salt Lake at testified that he arrived at the Ogden. but upon searching the abanProvo at Helper. doned car, which was blocked by 24 Ogden at Friday, a pile of debris from the explos- Salt Lake. July one two found of which ion, kegs, American Fork at Provo. was filled with gasoline, and the July 25 Helper at other badly burned. Other wit- SaltSaturday, Lake. scene who near the live nesses, American Sunday, July 26 of the fire, testified that they Fork at Helper. Provo at Ogden. were awakened by an explosion. Wednesday, July 29 Salt Tom Williams, who lives across Fork. American at Lake the street from the burned buildHelper at Provo. of the force that the stated ing Sunday, August 2 Provo at explosion knocked him out of bed. Salt Lake. Ogden at Helper. Tony Pollastro of Martin, said, Wednesday, August 5 Ogden when placed on the stand, that American Fork. at men he had seen two running August 9 Provo at Sunday, north along the road a few minOgden. American Fork at Salt utes after the fire. Lake. The witnesses who gave the Wednesday, Augfcist 12, Salt was Lake at Provo. most damaging testimony Helper at AmNick Tallerico of Castle Gate who erican Fork. stated that Mirasco came to his Sunday, August 16 Salt Lake house about 3:30 a. m. and of- at Helper. American Fork at fered to pay him $30 to take him Ogden. to Salt Lake. Tallerico accepted Wednesday, August 19 Ogden the offer and was warned by Mi at Provo. rasco that he should say nothing Sunday, August 23 Ogden at about it, he said. According to Helper, Mirasco Tallerlco's testimony, Wednesday, August 26 rrovo got down Into the bottom of at American Fork. the car while passing through Saturday, August 29 Helper Gastle Gate. at Ogden. new was wearing Mirasco Sunday, August 30 Ogden at hoea when he returned from Salt Lake. Provo at Helper. Salt Lake and when questioned Wednesday, September 2 Salt said Laka at American Fork. concerning this, Tallerico that Mirasco remarked that "we Sunday, Sept. 6 Helper at will have to get new shoes In Salt Lake. m O Salt Lake because they might get our tracks along the ditch," Albert Dixon, assistant general of the Dick Brown, of Spring Canyon manager stores of Utah was a stated that he was In Provo June 13th and saw Mirasco there about business caller at the Price and 8:00 o'clock on the morning fol- Helper stores Wednesday. lowing the fire, Joseph Litizzette Jr. was the Other witnesses who testified were C. A. Knobbs, city marshall fourth youth to register at the of Helper. George Garavaglia. Citizen's military raining camp; mornHelper night marshall and M. O. at Ft. Douglas Wednesday was in company He ing. placed Porter, A and given tho rank of corporal. W. G. Wolls, investigator for This Is Joseph's second year at the Royal Insurance company, Mr. and Mrs. was present at the hearing and camp. His parents, home J. B. Litizzette returned buildMirasco the testified that motor from the trip Thursday ing was Insured for $6000 and to Salt Lake. fixtures for $2700, When asked after the hearing whether or not local people that It not the the amount of Insurance was ex- insurance company which was cessive, he refused to be quoted prosecuting this action but the but said that he wished to inform state. Half Scheduled Grounds B. P. W. BALL COVERED Fire Mike Mirasco, who was charged wilfully burning property with THIRD ANNUAL Mr. and Mrs. C. G. Bath were Salt Lake City visitors from Fri day until Wednesday. is to be completed within thirty days and the amount to be paid is to include everything in the construction but the wiring and laying of the floor. This work will be done by other companies. The bid for laying of the floor was awarded, to the Utah Rock Asphalt company who submitted the low figure of $380. The latter company will furnish all materials and labor for the floor. The building will be forty feet wide and eighty feet long and of cement will be constructed faced blocks and will be located 40 feet north and 40 feet east of the front entrance to the fair grounds. It was also decided at the meeting that bleachers would be purchased to be placed In the building so that it could bo rented for boxing or wrestling matches. Of Heat, Hunger Returns To Jail the west bank of HARRY PALMER, FUGITIVE, the Price river along Its route CHOOSES COMFORTS OF COUNTY JAIL through the lower part of town Helper Joins County In Celebrahas just been completed by a tion of State Covered (j Helper Company K Low Bidders On Prisoner, Weary Rip-rappi- pool, Dr, J. Eaton of Los Angeles was a Helper visitor the first of the week. He Is spending his vacation with his mother, Mrs. I. H. Eaton who is the telegraph operator for the D. R. G. W. at Kyune, IN COUNTY No. 13 City Safeguards River Property Regular bus service between Salt Lake City and Moab will be scheduled within the week ac cording to dispatches from offic es of the transportation company, the Salt Lake and Eastern Utah Stage lines. Four new buses have been built especially for the eastern Utah run. Mr. R. C. Clark, secretary of the company has stated one of the cars will be taken to Moab for the Initial run to Salt Lake probably Wednesday. The buses have a seating capacity for six passengers and a rear compartment will hold approximately two tons of freight. It is understood the transportation company will run one bus daily each way beween Salt Lake and Moab and two daily each way between Salt Lake and Moab. o CAEBON 16, 1931 Punctual 32H TIMES THE BEST ADVERTISING MEDIUM w-a-s Wagon Days A contest for the selection of the Helper business girl to carry the community banner In the Covered Wagon days parade at Salt Lake City is attracting wide Interest. Eight local girls, members of the Business and Professional Women's club were named at a club meeting held Monday night, to participate in a ticket selling campaign for the annual B. P. W. ball to be held at Rainbow Gardens Saturday, July 18. Each ticket sale entitles the girl to ten votes. The contestant winning the most votes by ticket sales will be presented at the dance Saturday by Mayor F. R. Porter, as the "Banner Girl" to carry Helper's banner in the capital city parade. The designing of the banner was detailed to the local clubwomen by Mayor Porter. The insignia has been chosen, and the design is beine worked unon nt the present time. Mrs. A. S.'Waui was selected chairman of the committee. The entries for the banner contest were named from the club roster to include Miss Susan Maulsby, Miss Elsie Miss Inez Regrutto, Miss Josephine Feado, Miss Bess, sie Dievetti, Miss Florence Miss Dorothy Reddington, and Miss Ruth Metz. Miss Anna Crowley Is chairman of the contest. County participation in the Salt Lake celebration will include the entry of a county float which is under the direction of Stephen Olson, teacher of art at the Carbon county high school, recognized fqr his artistry in Twenty-tw- o towns decorating. In the county will parade with their local banners, each pennant carried by girls chosen from the various communities. Arrangements are also pending for the participation of a county band in the parade. At first the County Elks' band was the consideration, however, the personnel consists principally of wage earners and the expense to the musicians is considered prohibitive to their entry. The Carbon county high school band is composed of musicians from the entire county and at the present time opinion favors the entry of the high school musicians. The sum of $200 has been pledged by the Carbon county commissioners and $150 from Price City to defray expenses of the musicians. Another $100 will be necessary to defray the cost of sending the band to Salt Lake. Char-leswort- h. Wad-doup- o Mr. and Mrs. M. B. Putnlk, Josephine Kerin, Mrs. John Sus-a- k and Tony Hervet were here visiting over the 4th at the home of Mr. and Mrs. George Evanko-vlc- h. They attended the dance at Rainbow Gardens on the evening of the 4th. Mrs. Putnik and Miss Josephine are daughters of Mrs. Evankovlch. o Mr. and Mrs. J. E. Gease and son Carroll are motoring to Salt Lake City Thursday to greet their daughter Kathrine, who 13 coming home for her vacation from Richmond, California. It Was A Deer Day For The City Councilmen Thursday It was a deer day in Helper A month old male Thursday. fawn, dubbed as "Robert" by Interested townspeople centered the attraction of the downtown section, was photographed with several of the city councilmen, and generally disturbed the even tenor of the business day. The young fawn was found deserted by the mother In Nine Mile canyon three weeks ago by Anton Michelog. The small animal, then about a week old, was cared for by the Bheepman, and has thrived on milk, until It is very tame, and greets all comers not unlike a friendly puppy. If the comment of several of the councilmen la carried out the young fawn will be the first member of a zoo to be started at the city park. -- |