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"
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Satisfaction Assured In
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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