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Out of Bounds (Cont'd)— The case of Hugh Herndon Jr. and Clyde Pangborn who flew over Japan without permission and took motion pictures (TIME, Aug. 17) went to the public prosecutor in Tokyo. Suspicious questioning began anew, continued for days. In vain the flyers protested that they had not intended to photograph forbidden areas. Their developed film, said the authorities, showed pictures of Hakodate fortifications which were too good to be snapped by accident, and Pangborn used to be a U. S. Army flyer. Besides, the law was the law. The Black Dragon Society (Japan's Ku Klux Klan) and the reactionary Great Japan Production Party clamored for prison sentences, circulated reports that the flyers had intended selling their pictures ''to a certain Power." ... At length the prosecutor presented his case to a district court. The judge fined each flyer $1,025 —$1,000 for violating Japan's civil laws (flying over the country without a permit), but only $25 for photographing the forts. Also there were rumblings that Herndon & Pangborn would be forbidden to fly again over Japan although they were planning a flight from Tokyo to Seattle which would mean traversing some Japanese soil.
Pertinacious Honduran (Cont'd)— About 16 mi. off Cape Lookout, N. C. the third officer of the S.S. Biboco was astonished to sight the tail of a red airplane sticking up out of the choppy sea. Clinging to the tail, waving desperately, was the bedraggled figure of a man. Flyer and wreckage were hauled aboard, found to be Capt. Lisando Garay of Honduras and what remained of the Bellanca monoplane Lempira in which he had furtively slipped away from New York for a nonstop flight to Tegucigalpa (TIME, Aug. 17). The flyer needed medical attention. His jaw was broken, he was covered with cuts & bruises, he had been tossed about in a rough sea without food or drink for 36 hours. At Savannah, where the Biboco landed him, he explained that he had deliberately landed his ship in the sea upon concluding that bad weather would prevent his reaching his goal. Friends of Capt. Garay hoped that his bravery would soften the heart of the Honduran Government, which supposedly wishes to court-martial him for his failure to return home last spring and serve against the revolutionists.