Medford mail tribune., March 03, 1924, Page 1, Image 1

I'aivcuitJ LftrarJ &
rat mr Brfflra
ORB I
The Weather
Prediction ltaJu
Maximum yesterday 32
Minimum today ........41
Precipitation 25
Weather Year Ago
Maximum 00
Minimum ls.S
Dally Eighteenth Tour.
Weakly fifty-Third Year.
MEDFORD, OREGON, MONDAY, MARCH 3, 1924
NO. 293
MEDF
ylAIL TRIBUNE
TOOZE CASE
SEN! BACK
TO G. JURY
Defect in Indictment Is Found
After Hearing Starts
Court J
Refuses to Quash Same and
Grand Jury Will Take Up
r Matter Later Big Crowd Is
Disappointed.
McMINNVILLE, Ore., March a.
Because, or h defect In the Indictment
charging Walter L. Tooze, Jr., chair
man of the republican state central
committee and J. W. Templin, Mo
Mlnnvltle gaiage owner, with "con
tributing to the delinquency of a
minor by giving her intoxicating
liquor," the case was referred hack to
tho gran'd jury by Circuit Judge Rob
ert Tucker today. The defect consist
ed in the omission of a charge that
the girl Involved was "an unmarried
Juvenile."
The courtroom was crowded when
the hearing opened. 1
District Attorney R. I.. Conner
arose as booh as court convened to
declare: "An important mutter has
been left out of tho indictment."
"This entire affair is born of venom
und spite, and o matter how much
time he was given, he couldn't get any
more witnesses or any more evidence,"
said Bernard A. Kliks, McMlnnvillo
attorney, who is defending Tooze and
Templin. "The whole affair is a
spite affair " , "
Here the judge interrupted and
ordered Kliks to speak wholly upon
the evidence.
State Senator V. O. Hare of Hills
boro. Kliks' associate, then demand
ed that the statu lay all its cards on
the table and tell what was wrong
with the. grand-. Jury imUcLtnent.
"Yes, let him gtfe'his reasons."
Kliks challenged. ' 1 .
; Conner, in his reply, Bald he -Jnd
not noticed the omission in the Indict
ment until after court convened.
Judge Tucker then examined the in
dictment and deelured it defective.
Then Kliks, asserting that no de
murrer or motion hud been filed chal
lenging the indictment, moved It be
quashed. The judge, however, said
he would hear arguments on both
Bides und a few minutes later ruled
that been use the Indictment did not
make clear that Ethel Mizer, the 16
year old girl Involved, "was an un
married juvenile," the case would be
referred back to the grand jury. This
ruling grew out of a supreme court
hearing In the case of the esiatc verstiH
M. flates in which it w.as held that a
minor may marry.
Judge Tucker announced that the
grand jury legally is still in session,
but District Attorney Conner said he
hud two criminal cases to be tried be
fore he would summon the Jury again
to reconsider the Toone-Templin case.
. KILLS HIMSELF
"OREGON CITV. Ore.. Mar. 3. The
body of Charles S. Getman aged about
30, was found late Katurduy on a farm
near here, which he recently pur
chased, Coroner Pace reported today.
B. F. Griffin, a neighbor, found tho
body and notified the coroner who
said that it was a case of suicide.
Getman had paid $1100 In cash for
the farm, which Is two miles east of
Adkins mill, and had deposited a sub
stantial sum in a local bank. A large
supply of provisions and implements
was found on the place, having been
purchased by Oetman.
An Identification card on the body
said that In case of death or serious
Injury notification should be sent to
E. S. Getman, Wabasso. Fla., or Mrs.
E. W. Adams, 2434 Third avenue,
Baker, Ore. A special United States
army privilege pass, dated January
17, 1919, was also found on the body.
FARMERS BEWARE!
WASHINGTON, March 3. Secre-
tarV Wallace has been feasting on buf-i
.-1- . Jflllnnntr In th.ad '
days, but one which may become more j
common in time, since the extinction:
of the buffalo has been averted.
Heavy Increase of these animals on
the national blBon range In Montana!
has enabled biological survey experts,
to experiment with long distance ship-,
RECENT BUYER OF
OREGON CRANCH
U. S. Supreme Court
Upholds State Laws
Of Pre-Volstead Era
WASHINGTON', March 3.
State laws prohibiting the pos-
session of Intoxicating liquors
acquired before national prohibi
tion, were sustained by the su
preme court.
The court affirmed the con
viction of Raymond Moore under
the laws of Iduho for having In
his pnsssssion intoxicating li
quor. He asserted that the liquor
was obtained prior to national
prohibition and denied that tho
state could prohibit him from
having what the federal laws per
mitted. .
HE
Missouri Senator Replies to
Charges by McAdoo That He
Is Stalking Horse Will Beat
Any Man Connected With
Oil Scandal.
KEXNETT, Mo., March 3. (By the
Associated Press) Replying to a
charge by William Oibbs McAdoo that
United States Senator James A. Reed,
was a "stalking horse" in his candl-j
dacy for the democratic presidential ,
nomination, the senator declared in
an open air address here today that
he would stay in the race "to the last."
"I'll go into a national convention,'
the senator declared, "with many
more delegates than anyone connect-'
ed with the oil scandal. I am gaining!
in strength over tho United. States,
every day and I greatly hope, to win
the nomination."
Senator Reed asserted that Mr. Mc
Adoo In his letter "had failed to deny
a single charge I have made."
"Mr. McAdoo has not denied that
he was attorney fur 13. L. Doheny for!
every minute he was robbing' the'
country of oil land and bribing u cab
inet officer."
B
TRIAL OF MURDER
SALEM, Ore., March 3. Extradition
was granted today by the office of
Governor Walter M. Pierce on requisi
tion of the governor of Alabama for
George Meadows, to stand trial at Jus
per, Walker county, Alabama, on an
h.dictment charging murder In the
first degree committed nineteen yearB
ago. The alleged 'victim was Will
Eaton, slain at a coal mine.
Meadows is now in custody at Rose
hurg, having been arrested at Reeds
port as a result of Information furnish
ed to authorities in Alabama by his
brother-in-law, W. D. Watts, who is ac
cused of a statutory crime at Van
couver, Wash.
Meadows will be turned over to A.
M. Solf, a deputy sheriff from Ala
bama. According to Information re
ceived from Alabama, Lum Kelly, who
was implicated in the killing of Eaton,
was sentenced to the Alabama peniten
tiary for eighteen years.
Beavers Start Training.
STOCKTON, Cnl., March 3. The
Portland Coast league club opened Its
1924 training camp in Stockton this
morning with 36 players on hand for
the first workout under the direction
of Manager Bill Kenworthy.
Scout Tom Turner and ten or
twelve players are expected In camp
by Wednesday, completing the roster,
which will Include fifty persons. '
SECY AGRICULTURE
ED
CONFIDENT
W BEAT
IS FEEDING ON BUFFALO MEAT
ments to dctermne whether the bluffa
lo meat will stand transportation to
eastern markets. There are now about
3400 head of buffalo in the United
States and about 100,000 elsewhere In
North America. Experts say their
perpetuation Is assured, wit han am
ple supply for exhibition and breeding
purposes and a surplus each year for
marketing.
1
AI
Frank Valente, Farmer in Co
lumbia County, Oregon, Is
Near Death As Result of Dry
Raid By State Prohi Agent
Culbertson, Cleaver's For
mer Deputy.
VERONTA, Ore., Mar. 3. Frank
Velente was shot through tho hip and
seriously wounded yesterday when J.
8. Culbertson, city marshal and state
prohibition agent, and Deputy Sheriff
Leach, of Columbia county, went to
his homo, armed with a search war
rant, to hunt for liquor.
According ,to statements made to
the sheriff by other-men who were in
the house. Culbertson fired the shot
which wounded Velente. At the hos
pital where he was taken it was said
the wounded man's condition was ser
ious. SALEM, Ore., War. 3. J. S. Cul
bertson. prohibition agent who Is al
leged to have shot Frank Velente In
a raid at Voronla Saturday night, Is
not on the payroll of tho state prohi
bition department, according to infor
mation from Governor Tierce's office
today.
Culbertson was formerly deputy
prohibition commissioner under Geo.
L. Cleaver, but because of third de
gree methods he Is said to have used,
he is said to have been dismissed at
the demand of Governor Pierce. He
went to Columbia county and at tho
request of the district attorney there
was issued u prohibition agent's star
by the governor's office, but not re
placed on the state payroll.
Upon complaints received from Co
lumbia county, Governor Pierce, re
cently wsnto tho district attorney
there thnt Culbertson's prohibition
star would be taken from him unless
he ceu6ed.hls rough tactics with sus
pects. There is a distinction between a
prohibition star and a state star, the
governor's office enid today. The
prohibition star only gave Culbertson
authority to co-operate with tho Co
lumbia county officers in enforcement
of tlie prohibition law.
Decisions of S.
Supreme Court
WASHINGTON, March 3. The su
preme court today declared that
United States deposits in failed de
positaries are not entitled to preferen
tial payments. The question was rais
ed by the United States fidelity , and
Guaranty company after failure of the
Hank of Commerce of Okmulgee, Oklo.
The supreme court affirmed the de
cision of the lower court.
WASHINGTON, March 3. The fed
eral courts In the state of Washington
had Jurisdiction, the supreme court
held today, to consider proceedings in
stituted by the United States to re
cover from C. J. Erlckson and the
United States Fidelity and Guaranty
company for logs sold Erlckson.
HOUSE TAX BILL
WASHINGTON, March 3. The tax
bill as passed by the house will pro
duce $446,000,000 less revenue than
tho existing law, In the opinion of
treasury actuaries.
It would produce- J113.000.000 more
the treasury figures indicate, than the
Garner democratic plan. ,
The treasury surplus under . the
present rates, according to presnnt
estimates, will be only 323,000.000.
so that the house bill if finally enact
ed, would result in a deficit of $123,
000,000. SOCIALIST GOVT. IN
BRUSSELS, March 3. (By the As
sociated Press) The socialists of
Belgium In conjunction with the
Flemish party are trying to persuade
King Albert to imitate Great Britain,
and entrust the government to the
socialists and the Flemish group.
They have a complete cabinet ready
to submit to the king.
The probability, however. Is that
the Theunis cabinet, which resigned
last week, will be remodelled. I
The liberals and the Catholic pnrty
are In agreement In opposing a bo-'
cialist cabinet, )
VERONIA
Jack Dempsey, with Wreath, Makes Pilgrimage
to Wilson's Crave on Washington's Birthday
This photograph was mado as
the world's champion was going to
place a wreath on Woodrow Wll
Bon's grave in Bethlehem Chapel
at Washington. : With him was
bis manager. Jack Koarna. Demp
'I
BE PRESIDENT!
SAGINAW, Mich., March 3. llirnm
Johnston of Milwaukee. Saginaw
cuumy, noes u..i wo.il 10 .- u
date for president of tho
United
suites, he ho declared in a letter to
Secretuiy of Smtu ciiii lea Dblund In
which he asks that his nunio be with
drawn as a candidute on the republi
can ticket to be voted in the Michigan
presidontlnl proforence primary elec
tion April 7.
Johnston, an aged dirt fnrmer, was
plnced In nomination by petitions pre-
pared by friends and neighbors. His
name threatened to causo consider
able confusion In the minds of voters
because It Is similar to that of Hiram
W. Johnson, United States senator
from California, an avowed candidate, 1
who tarried MIchiKan in tho 1920 pri
ma vy.
, Johnston wrote that he has no am
bition to participate in national poll
ties and expressed embarrassment
that hia nanio should have been used.
There is somo question whether the
secretary is empowered to remove the
Zilwaukee farmer's name, tho time
limit fop withdrawals having expired
Saturday. If Johnston's letter was in
tho mails before the expiration of the
tln.o limit. It is believed that fart will
be considered in conformity with the
law and permit withdrawal.
LANS I NO, Mich., March 3. Robert
M. La Fol letter I'nited 8tntes senator
from Wisconsin In a telegram to Sec
retary of State Charles Do land today
requested that his name bo withdrawn
from the presidential preferential bal
lot to be voted upon April 7.
The secretary Indicated tho request
would be granted. Ho' also said he
probably would withdraw the name of
Hiram Johnston, nged farmer of Zil
waukee, Saginaw county, upon receipt
of the withdrawn! letter Johnston Is
reported to have mailed.
Casualties of the
Air Service
LONDON, March 3. Four airmen
wore killed nnd three others injured in
two crashes at different airdromes in
England today. At Duxford, Cam
bridge, two airplanes approaching an
airdrome collided and crashed. - Ser
geant Bont, the pilot, and Officer Pock
were killed In one mnchlno, and Lieu
tenant Albrecht and a passenger were
seriously Injured In the other.
At Dlggln Hill nn airplane got out
of control- nnd fell. Officer H. W.
Smith and Sergeant Lister were killed
nnd the mechanic was injured.
Daily Report on
the Crime Wave
Chicago, March 3. Three bandits
apparently followed F. L. Miller, a col
lector for a motor fuel company over
his route, and after he had collected
between $5,000 and G.OOO from six or
the company's filling stations, held up
and robbed him of the money, lie re
ported to the police.
K'ng C.rorgo Is III.
LONDON, March 3. King Oeorgc
Is oonflned to Buckingham pnlace
suffering from a cold. On the advice
of his physicians he has cancelled va
rious important engagements ho had
nude for the present week.
HIRAM JOHNSTON
MEN
WANT TO
sey vaa tho first to thus pay trib
ute to tho memory of the world
war president on tho anniversary
of the birth of the milieu's llrst
president.
S.P.
AT
IS
ASHLAND, Ore., March 3. (Spe
cial to the Mail Tribune.) Albert Jen-
NSPECTOR
ASHLAND
KILLED IRAN
llr m- l,.urt will
i"8". years oiu, inspector oi'tiie
Cttlttinfti Unniri, in llila ,.!,, wna ol.
. . . . v
most Instantly killed yesterday when
struck by train 14 as ho crawled from Nautillus hotel here today. Ho 10
beneath an englno ho had been In- fused to dlvulgo tho nuturo of tho
specting. Tho man's head and should- communication.
ers were frightfully crushed and he : "I have made no official statomont
was rushed to tho Granite City hos- Blnce 1 loft Chicago," said Mr. Daugh-
pltal nt once, but only livod a short orly- "l an'1 want now to 1,6 """'"d
jjm0 as making any statomont. My posl-
. , , . tlon la not one of dofonse nnd I don't
Jensen several years ago married wallt t0 nnprar , tne Kht of on0 ,,.
Ethel Campbell, daughter of Mr. and fending himself. I usk no quarter."
Mrs. U J. Campbell of Mcdford, whol
died three years ago, and hrfd been a1
trusted and highly respected omploye
of the Southern Pacific at ABhland
where his parents, Mr. and Mrs.
George Jensen now livo. Deceased
leaves two small chiMrmi to mourn hia ,
lOBfl, a little girl five years old named
Leslye Hay and a boy four, Robert. He!
also leaves two sisters, Mrs. Grace
Guiirlov of Hornbrook and Ruth Jen-1
sen nf Sun FraiinlHon. nml nnn hi-nthnr.
Joseph Jensen, a civil engineer of San
Francisco.
, . . , .
ruiieiiu ui i uiigeiiieiiiB iiuvu uui uuvn
fully announced, hut tho burial will
take place at Little Shasta, near Yreka,
where the Jensen family formerly liv
ed and where the wlfo of the deceased
was burled.
Oregon News
in Brief
ASTOHIA, Ore.. Mnrch 3.-
-The
body of a dny-old baby boy, wrapped ; tomohlle accident near Milton Satur
In a bath towel and tied In a shoebox jday, died of her injuries In a local hos
which In turn wan wrapped In a I jjltal Sunday night. She had suffered
newspaper, was found at tho foot of concussion of the brain and an opera-
mio cnit neiow eiiusop urew anoui
26 miles cast of Astoria on the Co
lumbia river highway yesterday after
noon by Joseph J. Saul of Wauna,
Ore.
According to Coroner E. B. Hughes
the body had not been in the box
more than three or four da'ys. County
authorities are investigating.
PORTLAND, Ore., Mnrch 3. Mrs,
Cella Lewis, nged 85, died at a hos
pital here IrtHt nlcht nn ft result nf fi
fractured skull slm suHiiiined when
struck down by a truck whllo cross-
Ing a street Saturday.
SALEM, Ore., March 3. W. II.
lone of Corvallls will be reappointed
as a member of the state highway com
mission when his term expires on
March 31, It was announced at the
governor's office this morning. ; ' . ,
PENDLETON, Ore., March 3. Trial
of thc boys held In the county Jail here
In connection with robberies extend
ing over a long period will be held be
fore Judge flchannep of the county
court, who cares for Juvenile cases.
The boyii range in age from 13 to 18
years and are charged with the rob
bery of five stores, theft of numerous
automobiles nnd bicycles and many
smaller articles.
Itulli Itnplilly Hocovcrlnir.
HOT SPRINGS. Ark., March S
George Herman (Babe) Ruth will be
out In a day or so, unless unexpected
compllcullons set In, his physician an-
nounred today. Ruth, who is 111 with
Influenza, is ruptdly recovering.
Prayers for Rain
Answered; Heavy
Downpour in Cat.
SAN FRANCISCO, March 3.
California, parched for woeks by
an uninterrupted drought, report-
ed today rainfalls which Saturday
and yesterday brought relief to
tho entire central and southern
part of tho state.
Heaviest precipitation was re-
Krted from San Luis Obispo with
1.78 lnchs. Los Angoles was glv-
on .80 and San FrancUco 1.20.
Paso Rubles, Santa Barbara, Or-
lanilo, Pomona and other points
had more than an Inch of fall. Ad-
(lltlonal rain was promised for to-
day In the Imporlnl valley. Yes-
turday all churches In Southern
California hold prayers for rain.
Washington Excited Over the
DAUGHERTY TO
SEND MESSAGE
10 PRESIDENT
-v. , i. n ii s lenimi. i.mei juihuh lj. uenvers lean
Statement By Atty. General fled that ho raided an apartment at
j 4S Juniper street on the afternoon of
That He Will Send Important February O, upon a complaint from
Asa (I. Camllor. Sr., the aged million
Wiro tn Procirlnnt Pnnlirlfto aire husband of the young woman.
Late Today.
WASHINGTON, Mar. 3. White
House officials said today they had
no notion of the contents of tho tole
icrnm Attornov Gonural Dauithertv is
sending to President Coolldge.
MIAMI. Fla.. Mar. 3. Attorney
,. ,
late mis-nnernoon "wivton may. net
,.,,,,.,, , ,,,. h .,,, ,','
MIAMI. Fla., Mar. 3. Attorney
Ooneral Harry M. Daughorty arrived
in Allium ycBicruay ana went to tno
hotel at Miami Beach whore his In
valld wlfo whom ho left hero a month
n. la B,n.,l,. Tin . liM.ilrfn nlnil ...lh
hor' an(1 thon 'inter went to another
hotel whero ho obtained a room, belnjr
unable to find accommodations at his
wife's hotel.
Mr. DauKherty's Joviality seems to
havo doHcrtod him and ho refused to I
"I6 nny statement to nowspaperrnon
I giving orders nt his hotel that no one
was to see him. Ills secretary. Miss
j c'arroll sa
said Mr. Dnugherty had
come on an Indefinite stny with his
wife and insisted on seclusion.
Death Toll of
the Automobile
WALLA WALLA, Wash., March 3.
MIsb Lillian Stovenson, usslstant
principal of the Riverside school near
Pendleton, who was injured in an au-
tion had been performed In an effort
to save her life. The other members
of the party who were Injured are re
covering. MEXICO CITY. Mnrch 3. Fran
cisco Arias Cortes, a priost, yesterday
shot and killed his brother, Salvador,
In Concopclon church nt Guadalajara,
when the latter, during a violent at
tack of insanity, attempted to kill the
priest with a knife. After the shoot-
'"if the priest fled and remains hid-
dcn'
Thc on'y py witness of the trng-
-ledy declares that tho priest vainly
Ma-!,rlld to 'uhao hl" brother and fired
cno shot as a warning, but this only
Inciensed the ferocity of tho dement
ed man's attack.
AS RESULT OF ATTACK ON CALIPHATE
CONSTANTINOPLE. March 3
A!. the members of the caliph's har
em are expected to sail for Alexandria
on Mnrch IS In consequence of the
movement for the abolition of the
caliphate. Prince Orchan, ' grandson
of the Into Sultan Abdul Hamld and a
' studbnt at Robert college
is on the
list of those to be expelled,
1
I LONDON, March 1. In
view of
HE
CIA KING,
Charge Against Mrs. Asa
Candler Dismissed When
Gentleman Friend Assumes
Responsibility for 'Bottle'
Action Brought By Husband
Divorce Suit Is Expected.
ATLANTA, Ca., March 3. The
case against Mrs. Asa t). Candler and .
CI. w. Wheeling wttB dismissed and
W. J. Stoddard was bound over for
another trial under bond of $300 here
today when they were given a hear
ing in police court on charge of having
been In a place where intoxicants
wore being drunk.
The original' charge against Stod
dard was also dismissed, but he was
bound over on a new charge of vio
lating the stnte prohibition law when
ho assumed responsibility for the
partly filled bottle of liquor found
by tho police on a table when Mrs.
Candler and tho two men were ar-
two men scatod around a table on
which sat a bottle partly filled with
whiskey, he testified.
Mrs. Candler, before her marriage
to the soft drink mlllionatrp last,
June, was Mrs. Mary Little Ragin, a
public stenographer in the Candler,
building here. She and her two young
daughters, by a former marriage, are
reported to have been living with
liar mother since her arrest. A dl-.
vorco suit is expected.
T COME UP
UNTIL NEXT WEEK
WASHINGTON, March 3. The sen
ate committee to Investigate the ad
ministration of Attorney General
Daugherty probably will hear no wlt
nosaos until next week, , Chairman
Brookhart said late today.
ACQUITTED
WASHINGTON, March 3. Cipher
oxports of the war department who
have been translating code messages
found In (he McLean telegrams will be
called first tomorrow when the Bonate
oil committee resumes its public hear
ings. Senator Walsh, democrat, Montana,
chief prosecutor In the Inquiry, Bald -.
today translations ot the telegrams by
the government ex pert b did not differ' ,
materially from the paraphrase fur
nished the committee last week and
arrived at by the use of an old code
of the department of Justice. '
William J. DurnB, chief of the de- 1
partment's bureau of Investigation,
will bo questioned by the committee
tomorrow as to how employes of B.
11. McLean, newspaper publisher, came
Into possession of this code and wheth
er McLean is on the roll ot the special
agents of the bureau at a salary of $1
a month. . Burns also will be asked
about the "Mary" code message, sent
to one of McLean's confidential men,
at Palm Beach, In which reference was
made to Burns and the "MoLean In
vestigation." Mrs. Mary Ducksteln," former pri
vate secretary to Burns and now an
operative In the Justice department,
who sent the "Mary" telegram to her
husband, W. O. Ducksteln, probably
will follow Burns on the stand.
McLean may be called before the
committee before the end of the week.
He returned from Florida early last
month In response to a summons, but
linlike other persons, under subpoena,
he has not been required to make dally
appearance at the hearings.
FLIGHT
Angora's campaign against the call
phnte, It Is significant that the Turk
tah government has Issued a warning
to Intending Turkish pilgrims to the
holy places In Arabia this year to stay
away, says the Daily Telegraph.
Tho communique says that Turks
now at the holy places are being; un
lawfully detained and maltreated by
authorities of the, Aledjas and that
the lives of pilgrims would be endangered.
D