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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (March 5, 1921)
r-PIQE EIGHT. ' joTEDFO'RD" WXTC TTtTBTOTT!, TEDPOTO, OltEGOy. SATURDAY. MARCI! 5, 1921 LARK EVANS IS ACQUITTED ON HOLD UP CHI BEATEN, MEDFORD Coming to the Rialto Sunday Jury, After 15 Minutes De liberation, Returns Verdict of Not Guilty Defendant's . Mother Hysterical With Joy History of Case. ( 1 A Jury In tho circuit court Friday nfternoon nofiultted J-irk Kvans, charged ' with assault and robbery upon W. O. Whito on Saturday, Sep tember 13, 1 B 19, In two ballots, after fifteen minutes deliberation. The defendant, convicted at tho first trial, and sentenced to from one to. 10 years In tho state priKon, smiled when the court read th verdict, but his mothur, when the pent up emo tions of months of strain and worry were over, screamed In Joy at the words that freed her boy, and wus only quieted by women spectators, and Lurk Evuns, who ruHlied to her side. Tho court released Evans from all further detention, and aboliBhud his bonds. W. CJ. White, the com plaining" witness, District Attorney Itnwles Moore, and Attorney I! us Newbury, chief counsel for tho de fense. were not In court when tho ver dict was read. According to ono of tho Jurors, two ballots, tho first one standing- ton to two for acquittal, and the next one, taken Immediately nflcrwards was unanimous for acqulttul. Hard Fouxht t-'uso. , , .The case attracted more than usual attention, and was hard fought from start to finish. After conviction, throURh his attorney, tlus Newbury, an appeal wns taken to tho supreme court, upon thu grounds of new evi dence and a new trial granted. Con vinced of tho innocenco of his client, Attorney Newbury secured new evi dence, and It was this which resulted in. the. acquittal of Evans, who from tho day of his arrest stoutly main tained his Innoconce. . Tho star witness for tho dofunso was Ham Bandry, driver of tho Hluo I.oJko auto, who testified that on Sep tember 13, 1010, tho day of the crlmo, Evans while employed at tho Mines and Hnlder garage In this city, had placed a vacuum tank on his car, und wns corroborated by tho testi mony of Charles V. Talent, and W. 3t. Coleman, and tho records of Mines and Holder garnBO and tho A. W. Walker Auto company. All efforts lit thu state to shake this testlmuny on cross examination wore futile. An other strong witness was Genu Thomas, u 10-yenr-old-boy, who tes tified positively that ho had, seen Evans and his wlfo nt their home In this city at practically the sanio time that tho complaining witness testi fied ho was stugiug the hold up, j Tho 'chief witness for tho stnte was W. O. White, who was robbed and "hog-tlod" In tho hills back of Jacksonville, and positively identified Evans as the man who had commit ted tho crime. Conflicting Identifica tions of Fords ns his own, coupled with his posltlvo Identification of fctniis were points nt variance In his tetdtttiony. A woman known as JJvans' wife, who testified at the 'flfkt trial, but not at this one, was particularly strong In White's mind. -."'''' Mtioro Shows Ability. 'iTh'o defense called a mans of testl lnbuy In support of Its alibi, and not a loopholo wus left open, and agniust thill' District Attorney Hawlea Moore, handling his first important case, battled ably, his ronHlderalu handling of tho cross examination of thu de fendant bringing forth favorable comment from nil sides. Prosecutor Moore, In hl cluHlng ui'Kument, made ai' uble plea, lie was assisted by Deputy District Attorney (leorgo Cod dlnir. 'Tho defense assistant was At torney Herbert K. llnnna. Tho pln of- Attorney Ous Newbury for the de feiso'was called by many courthouse attendants tho best of his long legal careor In this county. -Just before the case went to the Jury, and when the defense testimony commenced to pile up, tho feeling umong tho spectators became Intense, hut with no outbreaks. There was nO nppluusu when tho verdict wub road. The net proceeds of tho crime with which Evans wns charged was $27.15 and a "two-bladed Jacknlfo, as de scribed In tho Indictment, nnd the cost of the two trials to Jackson coun ty . is estimated at close to $751)0. MRS. MYRTLE BLAKFiY TRIAL STARTS MONDAY The first of tho criminal actions In tho Hunk of Jacksonville failure will bo culled Monthly nftcrnoon or Tues day morning In the circuit court. And tho first defendant will ho Mrs. Myrtle Wukeley, former county treasurer. Indicted on two counts for "malfeas ance In office," nnd "for knowingly making a false, statement to a hank examiner. Judge D. V. Kuyondall of Klamath Falls, will occupy tho bench dnrlng the trial, nnd will probably bo ctfllctl In tbo other bank cases. A 22 to 10 walloping was adminls tered the Ashland tiulhtet bv the Medford High tossers on tho Natato rium floor last night before a crowd of aeverul hundred basketball fans. Tho local men hail the vlMltr.ru m,t classed and outplayed In every phase of the irame anl rillliniiih hi,nll. capped by the loss of liaughtnan at center, who was injured early In the scrimmage, they showed what thej couiu uo wun improved basket Hhojl- inif Crillt, tell With ),,! IIUII1,1 f-,ut n ml clever team work and nifty passing. Asntann opened me game with a l-llflll. I'llll llllll' lltl n fmtr-itiif ,,t l.,.,l t. tho first four minutes, but when the local hoopers warmed up they liter ally run the Ashlanders off their feet. in tnc second halt the Ashland squad made no field baskets, which spyaks well for Mcdford'a defense. The homo men were playing an aggres sive game from the Initial whistle to the closing gun, seining ten fluid baskets to Ashland's three. Med ford, through her superior team work, handled the ball most of the time and bad seventy-three attempts nt tho Ashland basket, while the visitors tried but nineteen times to ring tho homo hoop. No IntllvlduiilH on the home five deserve credit for exceptional playing all the men pulled together and the entire team as a whole Is to be con gratulated on its perfiiruuince. 1'or Ashland, Aitklns at guard -and llerr at forward played a good brand of ball. Although Ashland claims the southern Oregon hoop title, the Med ford team may enter the NaP-m t.itir- ament as a contender for tiio Oregon championship, Local supporters . are confident that the home contingent Is superior to the Ashland lineup, when in form, and if tho Medford boys could show the same fight and display the same class at Salem as they c id last night, thev should come out strong for the tournament honors. The lineup last night was: Medford Ashland Oolemun f . llerr Watson f riuthrlc Haughman c llamsey Hherwood tt Aitklns Young g..., Young Substitutions Medford, Singler for Coleman. Coleman for Unugh- man; I'rescott for Sherwood. Heferee, "Shy" Huntington. Tho Medford girls turned the tables on the Ashland sextet last night by defeating the visitors 31 to 10 In one of the fastest girls gatnes of tho season. Tho home girls out played the Ited and White aggrega tion practically throughout tho game, 'specially In the second period when they piled up their big advantage. Medford's victory last night was the most decisive of the Medt'ord-Ashland girls series this season. LAST HONORS FOR CHAMP CLARK l... (Continued from Pago Ono) officials wag the only touch of color in the front row of seuts. -. The diplomatic corps Bat Just behind the spico reserved for tho bereaved family and when tho senate members had been seated, the room wns filled with men In dark clothing, with only th'e '.light dress of a child hero and there seated on her father's kneo re lieving the picture. NEW ADMINISTRATION ACTIVE (Contlnuod From Page One). iiig tho ccroniony were Secretary link er, (ionoral Porahing, Major General Mnrch, chief of staff, and other mem bers of thu general staff nnd bureau officials. After tho onth was ndmlnlHtorod Secretary linker presented to tho new Secretary and Mrs. Weeks tho office and bureau chiefs. There wero about a thousand or them who passed along tho lino slinking hands with Secretary and Mrs. Weeks. WASHINGTON, Mar. B. Tho roup IMilntment of H. I. Hall of Iowa to be assistant secretary of agriculture was nmiouncod today nt tho Whlto House. Albert B. Fall tlk v a Secretary of Interior, His nomination will bp sent to the son ate Monday by President Harding. Fall Gives Talk Former Senator Fall of New Mexico, the new secretary of tho interior, was the third of tho cabinet officers to be sworn In during tho day. The onth wns administered to It i til at thu Inter ior department at 10:25 n. ni. by W. II. MADGE KENNEDy-"JheiTrutrv GOLDWyN Acker, assistant chief clerk, in the presence of the retiring secretary, John Barton Payno und officials of the department. lieforo taking the oath Mr. Full de livered a short address to the bureau chiefs expressing the pleasure he had In Joining them In "the work here." Secretary Fallannounced Hie follow ing appointments':, Charles It. Suffortl of Now Mexico, former secretary of tho, senate com mittee on.lhe I'niilfln islands und l'orto Itlco, to ho. tho secretary's assistant. Charles W. NeBtlor of Ohio, to con tinue as assistant to tho secretary and Isidor Shaffer of Huston to be private ecrutary. Gompers Swears in Davis James J. Davis of I'lllsburg, was sworn in as secretary of labor at 11 a. m., tho oath being administered by Samuel Gompers, Jr., chief clerk, in the presence of the retiring secretary. William H. Wilson, and officers of the department nnd a few invited guests. Tho only thing I want to say for tho present," Mr. Davis said immedi ately after taking tho oath, "Is that I Intend to ndmlnlster this office for tho good of nil tho people." On his uirlvul at the department Mr. Davis' was greeted by Canton, Ohio, and Philadelphia delegations of the Loyal Order of Moose, of which ho is tho organl.er and head. At the sumo time that his chief was sworn In Edward J. Henning of San Diego, Oil., took tho oath s assistant secretary of labor. ' ' "iHHCITUB Andrew J. Mellon, of Pittsburg, who took tho oath yesterday as secretary of the treasury, arrived at tho treasury department nt 11a. in. and immediate ly went Into conference with David W. Houston, retiring secrctury. Wallace sworn In Henry C. Wallace of Town was tho Blxth cabinet officer to tako tho oath, it was administered at the department of agriculture at 11:17 a. m. by Kobort M, Seese, chief clerk of tho department In the present of bureau chiefs and in vited guests und tho retiring secre tary, Edwin T. Meredith. Mr. Wnllaco said he did not intend to make, tiny Immediate changes in the personnel of the department. Klmor Dover, of Oregon, formerly secretary of the republican national committee and mentioned for republi can national chnlrman to succeed Will 11. Hays, also conferred with President Harding dining tho day. Tho subjoct mutter of tholr talk was not disclosed but It was understood, thut they dis cussed at sumo length tho coming re organization of tbo national commit tee. The president lunched nt 12:30 with Mrs. Harding ami members of their families who are guests at the White House, allowing himself an hour for the meal. At 2:30 p. m. he had an engagement to receive several delega tions of visitors and at 3 p. in. had an appointment to meet Informally the members of the republican national committee which has been in session here. - Hoover Promises Service Harry C. Chmn or New Mexico will be in Secretary Fall's office, but his duties have not yet been announced. Herbert Hoover was sworn in as sec retary of commerce at 2:35 p. ni. The oath was administered by K. W. Llb bey, chief clerk of tho department. Just before tukjng the onth' Mr. Hoover and the retiring secretary, Joshua W. Alexander, received the bureau chiefs for a two minute confer ence. Mr. Hoover said he felt a great re sponsibility in taking over the work of the department of commerce be- cause it had come to have a tradition of Its own. "It is a department of service and CANADAY ELECTED PRESIDENT OF THE LOCAL Y.I C. k The newly appointed Medford board of directors of the V. M. C. A. met for lunch at the Hotel Holland Thursday. Several members of the County Y. M. C. A. met with them. A constitution wus adopted and officers elected as follows: President, H. A. Canaday; vice president, 11. V. Paul; secretary, S. S. Smith; treasurer, O. It. Campbell. Other members of the board are, R. W. Stearns, Geo. R. Lindley, W. H. Gore. This board will have charge of the Y. M. C. A. activities In Medford. Some of the plans under discussion were the Hi Y club and junior boys' groups, und especially a twilight athletic league of baseball and other sports. This will be pushed at once In order to be ready forthe opening of baseball season. The board will meet every Monday for luuch. Next week nt the Hotel Medford. ELKS' MINSTRELS Harry M.. Daugherty 'S . I ?'-- rlir . iJ-':..' , ' . iji. itu )::) - ... A return engnKomunt , of fftn: Elks' Minstrels will : bo played, fnt tie I'liyu theater next Tuertday,,,,!!.!!,. the advance sale of 'tlvfciUa fipeiilht? Uduy'. Tho perfornianee Ih given undi;r the dlreclliin or tho Page 'theater nirtn arfement, in' lenponHe to public" de mand. Many people were unable to secure seats for the first two per formances. Tho show is thu bst amateur production ever presented in the Jtotfue HIver valley. The per formance Tuesday night will be ex actly like the two previous ones, and includes Fletcher Fish, Herbert Al ford, Paul McDonald, Larry Mann, .lorry Jerome, William md Vernon Vawter, Jay Gore and many others. r GETS AIREDALE PUP WASHINGTON, Mar. 5. lrsl with uti Airedale dog "Caswell Luddiu. Boy," who because of the fondness of the new chief executive for dons, Is expected to become the most popular of tho White House pets. The pre sentation was made by Charles w, Quutsche of Toledo. Ohio, who said tho father of Laddie Koy was Tin Tern Tip Top, champion Airedale of dent Harding was presented today ft lie I'nitcd States. LAST TIMES TODAY HOBART BOSWORTH IN "Belowthe Surface" For sheer dramatic strength, beauty of plot ami character, you will say It Is the best picture you have ever socu RIALTO ' COMING UP TOMORROW A Fascinating Comedy of Modern Domestic Life' MADGE KENNEDY "TheTruth" by . , it CLYDE FITCH America's (Greatest ramatlbt AT FIRST METHODIST Attorney General. has established a high place In the minds of tho pcoplo," he said. "11 is not a department with regulatory pow ers but Is solely a service to the na tion." Mr. Hoover' said his department "does not need to meet any anxiety on the part of orfice seekers." He said thut 9S per cent of the department was UsInK the verso of Scripture with which President Himpng was Inaugur ated as the text for the Sunday even ing sermon Rev. J. Randolph Sasnett will a peak on "The Nation'B Anchor," at the First Methodist church. The patriotic "motif will character ize the service throughout. National hymns will be used for the congrega tional singing. A special Invitation is extended to members of the Lincoln club. Rev. Sasnett says, "Come on out, all you political 'war-horses' and patriotic citizens." LEAVES TONIGHT "BEHOLD MY WIFE" under the civil service and that many of tho bureau chiefs, especially the technical men, had been there for years, some of them having been ap pointed under President Roosevelt. T. R. Jr. on Hand Harry SI. Dangherty was sworn in as attorney general by Associate Jus tice Day. Those attending included! tho retiring nttorncy general, A. Mitch ell Palmer, Governor Harry L. foavis of Ohio, and Dr. C. E. Sawyer, President Harding's physician, and Mrs. Sawyer. Edwin Denby was sworn In us Secre tary of the navj' after an Informal re ception during which he' and , the new assistant secretary of t)ie, navy, Lieu tenunt Colonel Theodore Roosevelt, were presented to the rauklng officers of the navy and marine corps station ed In this qtty npd ;n la rge number of civilians : ' 1 1 i ( I j ' l ' M ' KuthusiuHtlculIy praised by discriminating picturo patrons. PAGE TOMORROW BIG DOUBLE BILL W BILL bwF$ and HAROLD LLOYD (lie screen's Greatest comedian In his lat est IJoydism "CAPTAIN KIDD'S KIDS" IKffhPHt Quality Jewelry Itcpnlrlug, Diamond Hotting, Watch Impairing. Satisfaction Assured In quality and price. Mall us your want. MARTIN J. REDDY A RETURN ENGAGEMENT TO MEET POPULAR DEMAND P A G E Tuesday Night March 8th SEATS NOW SELLING THICKS Lower floor SI.SO. ltnliimy, fliM I ' ron-4 SI. .Ml. Unbiiuv $1.00 Tlus 10 IVr Cent War Tin l!o office ohii 12 to -I nnd 7 to 0
