St. Louis Post-Dispatch
December 20, 1930
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. The j Only Evening Newspaper in St. Louis With the Associated Press News Service VoL. 83. NO. 105. > ST. LOUIS, SATURDAY, DECEMBER 20, 1930.—18 PAGES. — a CONVICTION OF TOOMBS IN SECOND TRIAL! SET ASIDE State Supreme Bench Holds That Promoter Was Found Guilty of Same Offense for Which He Is Now in Prison. PRESENT SENTENCE Is NOT AFFECTED} Defense Contention of Dou- ble Jeopardy in $3,562,- 000 International Life Co. Fraud Is Upheld on Ap- peal. py the Jefferson City Correspond- net of the Post-Dispatch. JEFFERSON CITY, Dec. 20.— Roy C. Toombs, former president of the defunct International Life Insurance Co. of St. Louis, which he wrecked with his financial ma- nipulations, was relieved of his second conviction and three-year penitentiary sentence on à charge of fraudulent issuance of company stock, under a ruling today by Di- vision No. 2 of the Missouri Su- preme Court. The Court heid his second con- viction was for an offense which was identical with and a part of an offense of which he had pre- viously been convicted, and for which he now is serving a three- year prison term. The Court ruled this constituted placing him in opardy a second time for the ame offense. It ordered the sec- ond conviction reversed . outright and Toombs discharged as to that . — First Conviction Not Affected, This decision does not affect his first conviction of fraudulent u- ance of company stock, for which he is in prison. The Supreme Court affirmed that conviction a Fear ago, overruling a defense motion which tt held was “purely and sole- The conviction was ction with Toombs’ finan- cla! manipulations of the company, ‘in the course of which he removed $3.562,000 of its assets. He ob- tained of the company partly through use of its own as- bes. ly technical.’ in conns control The first and second convictions were on two of three charges of fraudulent stock issue. The three tharges involved three stock cer- luficates, each for 3000 shares of company stock, which were issued to Toombs on Jan. 17, 1928, at his direction, to be used as new col- lateral for a loan of $500,000 which Toombs previously had obtained from the Great Southern Life In- surance Co. of Dallas, Tex. The ates were issued at a time when all of the company’s author- hed capital stock of 37,500 shares ready had been issued and was bdutstanding. The State charged the stock was issued without con- Nderation and was not entered on de company books. Three Charges Pending. Three other charges, one of the a nature as that thrown out |; ana two of grand larceny, Sul are pending against Toombs. Commissioner James A. Cooley, "Vision No. 2, who wrote the on, held the offense involved de secon | conviction was a part ‘‘ Covered by the first convic- ed Toombs’ plea in the ie second charge that he Cert fir an. 0 Involved, should have _. Sastained by St. Louis Circuit 8 fa necessary to support ments in the first and . cases, and upon which the „ on relied to establish guilt, _ © same in both cases, the ener said. He held the ‘owed the certificates sued at the same time, un- “irection given by Toombs pany secretary, and con- Ne offene. DUTCH SCIENTIST REPORTED KILLED IN VOLCANO IN JAVA Troops Find No Trace of Prof. Werner Borchardt, Who Left to Explore Crater 90 Javanese Dead. By the Associated Press. 2 BATAVIA, Java, Dec. 20.—Prof. Werner Borchardt, connected with the Hamburg Tropica! Institute, is thought to have lost his life in the eruption of the Javan volcano, Merapi, yesterday. Ten days ago he and two Javanese assist- ants, against advice of local au- thorities, started for the volcano. He intended to lower himself into the crater for observations. One of his assistants fled early in the ex- pedition, but the other remained until the eruption. 5 The man said he saw Borchardt disappear over a cliff. Troops sent to search for Borch- ardt returned without finding any trace of him. Borchardt was about 30 years old, and had been lent by the Hamburg Institute to the Medan (Sumatra) Institute for a year to do research work on the influence of temperature on the blood. Ninety natives are thought to have been killed in the eruption of Merapi, which continues active. The volcano presents a terrifying scene, with huge columns of smoke issu- ing from the crater, and occasional darts of flame from crevices on its sides. Severe thunderstorms are continuing over a wide area. A rain of mud has fallen on the villages, some of which are cov- ered with a slimy coating of vol- canic ash. There is a pall of dark- ness over everything. Communications have been inter- net and many places are iso- ated. Dutch Officials Don’t Accept Re- port of Professor’s Death. By the Associated Press. HAMBURG, Dec. 20.—Authori- ties of the Dutch East Indies will not admit that Werner Borchardt, professor of climatology, perished in the eruption of the volcano Merapi, although it is acknow!l- edged there is little hope of find- ing him alive. His colleagues re- fuse to believe t | way foolhar CAPT. M’KINLEY’S RETIREMENT FROM AIR CORPS PROPOSED Bills Introduced by Hawes and Neidringhaus in Behalf of Byrd’s Aid. Special to the Post-Dispatch. WASHINGTON, Dec, 20. — Re- tirement of Capt. Ashley C. McKin- ley of St. Louis with the rank of Captain in United States Air Corps, was proposed in bills introduced in Congress today by Senator Harry B. Hawes (Dem.) of Missouri and Representative Henry Neidringhaus (Rep.) of St. Louis, : Capt. McKinley was third in com. mand of the Byrd South Pole party and was directly in charge of all the photographic surveys of the expedition. 4 a Admiral Byrd has announced that he will write a letter te Congress urging McKinley's retirement. Me- Kinley served as first Lieutenant and Captain in the Air Corpa ur- ing the World War. i HOOVER'S CHRISTMAS ME TO THE DISABLED VET President Sends “Renewed Assur- ance of the Nation’s Grateful Remembrance.“ By the Associated Press. WASHINGTON, Dec, 20.—Pres!- dent Hoover yesterday sent his Christmas greetings to all disabled veterans. The message read: “To all disabled veterans: “Again I send you my Christmas greetings and best wishes for your happiness in the new year, with re- newed assurances of the nation’s grateful remembrance of your serv- ice and sacrifices. I do pray that the new year will bring you many blessings and new hope for the future; to those in hospitals, or ill in their homes, res- toration of health; and to all, more of comfort and contentment. “The nation is ever mindful of your patience and fortitude, is vigilant in your behalf, and so long as your need endures will respond with devotion to your service.” BUYS EINSTEIN A STRAW HAT — — — — Wife Takes Him Shopping in Ha- vana; They Continue Cruisc; By the Associated Press. HAVANA, Dec. 20.—Prof. Al- bert Einstein, on has way to Cali- fornia, resumed his journey on the steamer Belgenland today without having met President Machado. The President was -unable to re- turn from a week-end trip before the Belgenland sailed. Before sailing Frau Einstein took her husband through Ha- vana’s shops and bought him a straw hat to shield him from the tropical sun. * Yesterday the Post-Dispatch Carried a Total of 307 Columns of Retail Advertising The Second Newspaper Carried Only 120 _ not in keeping with the „„ -Ur law that one should Punished for the same 'e guaranty that no per- „or the same offense be i). en Jeopardy has always „ „ -ountry been regarded as Jina. © most sacred rights of ee While courts should betet „ i the principle as to „ „ design of the penal laws et society and prevent « think no legitimate pur-| if 0 © criminal laws would be A technical construction ‘reins era! Prosecutions might e * — = | 2 3 . 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