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MET)FORD MTL'RTTfNGMEDFOn,P. 'pfenox, WftlftT.SDAp. JILV 1.'., 102'.
go
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SCORES DEFENSE
IS OUTLINED BY
E
DUDLEY MAIOH
MAKE BIG HIT
OF CONVENII
'COURT ROOM. fcAYTON. feim..
The Meilford lodge of Elks with its
"hick" orchestra, first seen and heard
in the Elks' lodge minstrel show ot
last winter, and George Gates' bucking
rord car Iwve nijide a genuine hit with
ELK DELEGATION
STOPS HERE FOR
nRIPIOMERli?
Wife KilH iandi
P
o
July 15. (I- AHHqt'lated Pre.) The the many thotyandB of Elksln attend
"brgad purpose ' of defense counsel
fy John Phonias Scoifes will be to I
prove tfeat tre Bible In a wofk ot
religion which Oniuat bt kept, In the
field of theoRigy. and nof allowed to
obtrude into tjie scientific fieljr? Dud;
Field Malone tVW tlie coirt lake
taday In outlining the courae to be
pursued In the til ill. ' .
The narrow pui'pose," of the Tie
fenscfwill be Jo nrotj Srtfp'os Innocent
of any violation otthe Tenneusee antl
etfolulioif teaching HtAt ut."
I Air, Malone started npvaklng Immo
diftteljf after the attprney general hud
addrHeO the.courffp'r but a moment.
The attorney general .aahi that the
state simply would contend that the
defendant waa guUty of violating the
Tennessee . statute prohibiting the
teaching of evlution in the. public
schools of the ijlato. .V
Mr. ; Malone, marina: the opening
statement of the defenHe, ppencd hi?
remarks with the declaration that
' "the dfena believes that. 'God la a
Spirit and thiat they that worship. Him
irVast' worahip Him In spirit And .in
truth.'." .
The defendant, John; T. Scopes,
has been indicted for ' the . alleged
violation of an act gamed by the, .Ten
rieka -tegiatatnre which prohlblts'the
teaching of the evolution. theory in all
'the, universities, normal vhooU and
public schools of Tennessee, "which
hiay be supported in whole or .ft part
0 the pubHc funds of the state,'1 he
bUid. r . f . ' . -. . ,
Malone tHtn read -the -first 'section
of the act making it "unlawful to
teach -in state schools "any theory'
that denies .the story of divine crea
tion of man as taught in the Bible,
and to teach instead 'that man 'de
scended from-a lower ordejr of ani
mals.' After reading the second section
providing a penalty f not less than
$100 nor more' than fS00 for each
violation of the act, he declared .thai
before the nrosccutlon court convict
Scopes of a violation of the act, the
prosecution .must prove .first- th'at
Scopes taught a theory that 'denies the
story of the' Divine creation of man as
taught in tb'e -Bible, .and second, "that
Instead, and In the place of -this
theory, he taught that man is de
scended from a lower order of ani-
; mals." .
"The defon.se contcmls that o cqn-,
vlct Scones the prosecution must'
eory gf evolution, but t-hat he also
id at the same-time, denied . the
theory of -creation' as set .forth in the
Bible," he asserted,
"The defense contends the prosecu
tion" must prove that he defendant,1
Scopes did these two things and that'
.what he' taught was a violation of the
' statute. .
"We will prove that whether this
statute is constitutional or unconstitu
tional, the defendant Scopes did not
and could not violate it. We maintain
that since- the defendant Scopes- has
been Indicted under a statute which
prohlbks the teaching Jf evolutionary
theory, the prosecution must prove
as part of its case what evolution is.
"So that there shait be no mis
understanding and that no one shall
be able to mis-interpret or mis-reprc-Sent
our position, we wfsh to state at
the beginning of this case that the de
fense believes there Is a direct Con
. fllct between the theory ot evolution
and the theory of creation as set forth,
in the Book of Genesis." 1 -
GOTOUKES
' 118 1 11
COURT HOUSE. DAYTON, Tenn..
July 15. (By Associated Press.) Of
ficial cornmendatlnn from, Governor
: Austin- Peay ot the ma'nner in which
; Attorney OeMrl A. T. Stewart is
' htndling five prowcution of John T.
Hcoie, 'for, ,lbel violate of the
antl-evolutlon teachl lav -catto. to
day In. the form iff a tekam.
j Tlie memnte follow:
1 "It 'is. a poor cause that mm from
f lll(o a. veteriin anil I am proud of you.
i Repnrds Xfl Mr. Bryan and frloiids.
j (.Signed-) 'AuBtln Pony." . .
veotion in, Portland this week, a is
RhRWn bv cnmmnntft tif fndn lillHHAn.
!ers arriving in this Vity yesterday
ana today, and lso Ui big apace in
PKtures and 'convention news com
'ment ot to PpjtlanJl newspapers.
Thse lodga stunts! .which haye
cfeaed so'mtlch nierViment in Med
ford in the past, stand -it so prom
inently at thd big Efks' convention
with its mudy novel .features and
colorful doing "are giving thU tits'
much extensive advertising among the
B. P. O. E. fellows from all sections
of. the United States.
But, these cervus'alsis nien '"ain't
Heard ndthin' yet,1' fijr In Thursday's
great paradb the Bedford lodge will
sprhig mn're'. unique stunts', one ' of
which will advertis the fruit industry
of the H,ogue r(ver vallqy in a telling
way. -
The buki(j Wori vlll also catort
long in tke.-)iarade with tin Meilford
delegation. Thi strange vehicle,'
which cau4 much laughter d'uHng
the Armistice day par'AitM h. e' in the
past lm jfi, is IMtig nwalpulated
In Portland by Paul McDonald and
Jerry Jerome, as its owner and usual
arlvcr, George Gates; is not at the con
vention, having. beeri called from here
IP southern California this' week arly'
in the week on business. . -.
The Oregonian of yesterday, in ad-i
dltion to publishing a two-column cut
of the .'ick,". or Orchard, orchestra as
it is nbw known on the big time in
Elka'om. . had a headline w.riteiip ' of
I the orchestra In tlie news part of the
paper, and also an additional wrlteup
of it on the editorial page In the hotel
news column. - '
The main writelip was as follows:
"the Medford Elk lodge is sport
ing a jazz orchestra . df unusual
distinction whose chief clirim to
fame consists in the fact that It '
furnishes real music with instru '
ments made fron) ordinary kitchen
utensils. Yasterd'ay the atgrega
.tion epent the greater portion of
the day entertaining prominent
iodge officials with' it unhiue
program.' The 'Oragonlan office
' wa included in the list of plaeea .
serenaded. 9o pleased ws the
radio man with the performance .
that he booked th orchestra, for
an appearancre over JtGW'Wednes-
day night. ' ,.
"The organization, which Is
known as. the Orchard, orchestra,
. consists of five men who are prom
! inent in Medford business circles.
They are clad ' In purple .shirts, .
white overalls and large straw
' hats. ' The bass dram consists of
: a washtub and the snare drum of
' a hide stretched over the head. of
a -keg. The banjo has Its strings
stretched over two kitchen pans.
: A violin has been made frotn a
: saw arid ja horse hair bow. A
harmonlca'nnd a coUap&lbfe organ ,
complete the orchestra's equip
' ment.
. "The orchestra rnade Its first
' 'public appearance in Medford sev
eral months ago at an Elks benefit
affair. It is-sald that several.ef
forts wore made to book It for
vaudeville circuits."'
In the hotel news column appeared
the following:
.' Herb Lfaunspaugh, who deals in '
musical instruments : Herbert Al
ford, oil agent; Jack- Heat, - an
other oil agent; Don I;wbury. at
torney,: and Roy-Schreve, book
dealer, all of Medford, ambled
around the hotel lobbies yesterday .
afternoon with a queer assort
ment of Instruments, giving con-
certs. They made their debut' at 'i
'.the Hotel Portland and In a ji(fy
a dozen couples were d-anclng. on
the tiled" floor. Vernon Vawter Is
acting as their Impressarla during
the Elks' convention, providing
the musicians can hold out for the
week."' .
m:Vkch vxm sissi'o girls
(Ctntln.uod from fiage one.)
i express belief thatv ono 6f the hid
i dm snake-lnfeffted caves of that
j country will yet give u,i 'he se.ret of
lh'. .. HtflA .nnl,. ah.l,hnpili
, .-
I KLAM4THFALL3, Orci.' July-16.
Sheriff John C. tlharn, at . Hftdoc
''cirunly. California, laid Constable
; Carry Cozard of KlaumH Falls left
j here at daybreak this morning f6r a
j rendezvous near DuMmuir,- . Cal.,
j where, according' im tha -latest report.
! the Bradshaw tdstcn are InvhldingQ
Enroute to Dunsmulr the two peace
officers planned to stop at Alturas.
Cat., and apprehend the man who Is
alleged to have transported the gfrl
sheac .herders across the California
line?
This latest lead In the mysterious
disappiQ-ance of the two girls came
as inc rcnuu w: a letter received ny
the Klamath Fnlls conBtWile last night
from soe Uunsmuir resident. In
which it was declared the girls had
been seen near Dunsmulr. Tigfe !ctt?r
Is also said to have revealed the name
of the man who went to the lonely
lava bed sheen camn and aided them
In rhelr escape. The officers esnecy
rs wi nave intQginn in custody n
t.lght. ' Cook w"ifH.. tf
A tl ligation ofSun Finclsco Klks
and their Itfdles enroute from lort
land to their homes'in that city, after
stopping at the national convention at
Portland altghtAl from their frpecftil
train thlg, myrnlngat aln 8 o'clock,
to be transported by Ik curutun of
taxisad jltnoyn to Crater Lake, and
bthenn Klnath 1.J1h whore they will
reboard their special train.
.' The ns-vmblage Included 128 yor
sojis, equirings19 automobiles, which
were f urnishe( throu(ti a contract
said to amouji to bftut $2000, wl(n
th Daily Xaxl company, o Medford,
to transport tkom to the fake, where
reservations had already born nuuk
at the lodge Mr their arrival. The.
party will spnd today an until to
morrow noon at the In lie. and 'then
will leave for Klamath Kaljs.
, During Che past two .weeks the San
I'Vnncisco party has traveled over
5000- miles visltlrtg national .pilrVs in
th4 north and snuthwest! Their itin
erary included Yellowstone anil Gla
cier natipnlil -parks, and a short, jour
ney Into Canada. Thir stop at- Port
land .to attend the national Klks con
vention for a day or wore, was mere
ly an incident of the tour.
Evidently tlwy. had -heard tlje
HlcJc" orchestra o the Medford
'Elks, according, to the comments
heard at the depot platform here
upon Its wonderful entertaining powers.-
In some cases It 'was the only
topic of .conversation when different
members of. the asiscmhlafte learned
that this dry was 'the 'home of the
orchestra. Some seemed to be still
chuckling tover what had happened In
Portland? j-n connection wlt-h .the
"hickisii" musicians, whom they . be
lieved to be the best yet.
FORECAST MAM
IANCHER FINED $500
: ON M WE
When P. B. Buckley pleaded guilty
in Judge Taylor's court yesterday to
a charge of possessing several quarts
oT Intoxicating liquor, he was 'fined
,$500, the maximum amount. Terry
Talent, deputy -sheriff, was the com
plaining officer, having arrested him
a short time ago. 3uckley is a mem
ber of. a pioneer family living in the
Applegate district and Is a native son
of southern Oregon. .
The Markets
: Livestock. -
PORTLAND, Ore., ;Jtily.l5. Cat
tle, nominally steady; receipts 30
(through). ' "
.' Hogs nominally s.tndy; receipts
110.' Sheep steady; receipts 1430-.
Kirps
ron'TLAND, Ore., July IB. Eggs,
receipt eggs hu.lf cent lower. Cur
rent receipts 31c; pullets 2828V4c:
firsts ' 29 29 Vic; extras, 30',431c
delivered, Port-land.
Who Shot HusbanJPo
In Bank Hold-U
o
O o
KJVt'ATIltJHI.NKS. Out.. July
15. (A. I'A Uoing to h.Pus-
band's aid utter he bad been shot
In a holdup the St. David's 0
bunk, of wlch hi: vu ituinuKr,
li. Itogers abof-tho rublier wl)i
dirjl lii. hfiiilil hi-e ti.Viy.
Kogci's wus sliKhtly .mh1..
IS
FOUND 6UIL1Y 0
K . o
mUHT -HMDS B
Ifl NEtO Cf HHP
The slimmer days dYt not seem ho
bright fbr Kdwlrt Koenig, s he lies
K-oinplntQly )af-al'zed at . a u Soi.th
Central, even though he-hifs been un
der the patient cafe of a kind sintov
for the pasV few months, for of late, nls
funds hnye been running low.
Several years -ogo hft was a s'talwart
man until he Injured his spine whiK'
wrestling with his brother in lHuy,
an.d, ever, since ho has been upnble to
move any part of his .body !n fact,
he could Mot talk, or Vv'eii holtl his.
hend erect, fox & time. ic spent sev
eral yeas iiv dffferent . ho.spiCjils of
Sjtn Fraiu'isco, when despairing of re
covery ho returned to southern 'Ore
gun, ills native, home, to die. But ln'
stead of dying, he has been gradually'!
recovering from his .infirmity, under
the care of a local doctor. Naturally
he has become a bit discouraeibahout
flnaiiLlal situations t'lmuinding him,
the worry of which tends to retard his
recovery.
Mr. Koenfg Is no't a member of any
fraternal organization, so he hopes
the good will oCthe people of Medford
will tide him throujjt tint 11 he i able
to work Qjice more. O.'A. Wicklem
of the Mason Motor oontpany has been
instrumental in. afding the stricken
man, and at' the present is doing all
in his-power, tq aid him further..
The citizens of Medford are urged
to contribute to the cause pf the un
fortunate man. Tho contribution can
be irt with O. A. Wicklem at the
Mason Motor company, or better still,
at 344 South Central, where Mr. Koe
nlg is staying:
Before' hfs injury Mr. Koenlg was a
homesteader in 'the Derby district
where his parents have been 'living
nr some time past. , lie also has a
wife nnd two children, who at the
present tlmo are living-. n or near the
city of San Francisco.
eiks ra mm
RECONDIIIK
PORTLAND, Ore., July 15. (A. P.)
The Benevolent and Protective
Order of Klks grand lodge in session
here today in the (!lst annual rclmion.
Butter. decided to get behind a movement to
.Butter", lower grades half to one raise a fund for reconditioning the
cent down. -Extra' cubes, -city 46Msc; historic frigate Constitution find
standards 45c: prime firsts, 43c; agreed to cooperate with the navy dn
firsts, 42c; , undergrades nominal;
prints, 47c; cartons, 48c.
Butterfat 'steady. Best churning
cream' 45c net shipper's track hi
zone one.
.Poultry.
Poultry firm, scarce. Heavy hens
24tf?25c; light, 18(j;lc; springs, 19
&25c; young white 'ducks, 20c.
Potatoes.
Onions steady, $4 4.50.
Potatoes steady, new 12.502.75.
WASHINGTON, luly 16. Short
supplies o,f hogs "for the next - few
ieekrt point to' continued pvtce ad
vanced through th lata sommer, the
duparfment of egrlcujture. declared,
.today in itb June pig surwy.
' Hogs aro gust, rfpprpHichijig. ,he
peaj f their, price cycle, the report
said. .
r "During the next twelve nmnths."
It continued, "jnarket receipts will be
smaller than at any time since 1921
with prices prtbably higher tbaq dur
ing the last twelve months. JiTdginga
from previous ex ptr lance, the high
prices, plus a largeV surplus t corn
tfifs year, probably will stimulate a
constucranie expansion in nog produc
tion during 1926, which will siArt the
price cycle swinging downward once
E
KILLED BY OFFICER
ABERDEEN, rVah., July IS.
Elkanah Crisp. !n, garage mechanic.
of Elma, was shot and killed - early
this morning at McCleary by Night
Atarshal Freq Lomnl. Lomix say
rri.n nnrl Wllllnm RrlrlffM 32 a nnm.
pinion, wpre disturbing the peace
when he attempted to quiet them.
Crisp struck at him und reacheC)for
hip pocket. Lorn ax then drew his
gun and shot the man, he declares.
Rrldges is under arrest at the county
Cook with gas.
tf
Portland Wrrat
PORTLAND. Ore.. July 15. Wheat:
Hard white, hluestem, baurt $1.4 5:
soft .white $I.'43; western red. $1.30;
western white .$1.42; hard winter
1.40; northern spring $1.39; UBU
hard white' $1.60.
Today's . car receipts Wheat 6;
flcfut 7; oat's 3; hay 6.
Sail Francisco .Markets.
BAN FRANCISCO, July 15. -(Fed
eral Htnte Market News Horvlce)
A'pplos.. boxes, California Newtowns
fancy, -314 tier, $2.75 to $3.50; four
tier, $2.60 'to $3.25; poorer low JH
$2.25; new rtock White Astrachans
$2.25 to $2 76 box; poor $1.75; Ora
venstelns, best $3.50; .poorer $3. to
$2.50 ox,
SAN FnANCISCO.July 15. (V. 8.
Bureau of Agricultural Economics.)
Ixwhorn hens ti lbs. l4r20c: 3 lbs.
210 22c: 314 to 3 ',4 lbs. 23c; few
higher.
JJuttcrfnt f. o. b'.San Francisco, 55c.
parlnient in promoting "Old Ironsides"
week in the public schools, .October
19 to 24.
A resolution offered .hy James II.
Nltiholsoh of Boston, past grand ex
alted ruler, pledging the order's sup
port In the movement was adopted.
Judge Wllllnm Ilawley Atwell of
Dallas. Texas, newly elected- grand
oxalted ruler, will deliver a radio ad
dress on "Old Ironsides" . from Ike
Btatlon WEAK at Now York, October
15, Nicholson announced.
Closer co-operation of stato. associa
tions of the order, participation of sub
sidiary lodges In a definite progrnm
of activity, and formnllon of speakers'
bureaus for flag day exercises Uirough
out the. country were urged in n report
by Dr. Ho.ward 11. Ki'rtlivnd of San, Luis
Ohfspo, CAI.,' lodge, ana adopted.
Changes in, grand lodges'' statutes
wore consldored today. Including ono
providing that a plurality only slvould,
be nocessary to elect an officer pf any
lodge, instead of a nuiJorUy as here
tofore. .
In tho memorial services held this
morning, Pnst Rrantl Exalted Itulhr
Raymond Benjamin paid tributes to
Robert. W. Brotvn, gnfnd exalted ruler
of the order" In inns, who'dlcd hist
Novomber 4n Sun Dlcgo.
MANY INJURED ffl
The regular weekly Orpheum Jr.
vaudeville bill at the Cratorian was
well liked by tv large audlenceo and
iaa plenty or variety. The Royal
'enetian Klve was one of the best
musical acts of the season. thouxW
they confined their vocal efforts to
classical muslc(-)9he Ardell brothers
furnished someniing new In twisting
and chinning themselves OA, lings.
Schepp's comedy circus vis the
standard dog and monkey act. and i
tickled the children, lw Hawkins
apieare Jn blackface rhattwr nnd l-eo
and Vlo Doherty gave comedy
sketch.
MOICESTEU, Mass.. July 15. (A.
P.) Police tnvestlKKtlon Into tho riot
between Kanten and antl-Klan sym
pathizers last night whs expected V,
day. Many persons were bruised by
flying missiles. autf'bllcs were dam
aged and two persons whose Identity
had not len learned, were rendered
unconscious. The occurence was the
first display of hostility towards t
organisation here.
ii ',.r"Tr oara
MI. M W W and
II.T... Uf
Milk
Diet
For fnfant i,
Tfourtshing tinetible No Cookinf.
MT" Avoid ImiUgpM - SubttihiUt
After less than five ui mites delib- j
eratan the jury in circuit court this
afternoon returned a verdict oiguiliy
ii gainst It.DaVHon. Tho penalty Is
not less than n year in nf.it os pris
and the goveiJuir cnn not by the law
extend a iiartlvn.
K. Diiw.xi of Klnmftfti. Falls, i -riU'd
in aaraid 1.1st Juui lit "The
Hut,", a art drink eatublishnftnt
on tltv rtiten Lake Jiiglnvay, during
the XatfAual (Juard eiu-ainf Tnent, 1
went-on trial In tho circuit court
Tuesda'y i't ,) 114, on iy imlli'tnuit
charKing sale if ntox"i'ants, while,
arnu." ia jury wns serfired ;es-
terdaj' 'aJ'teftiyon! TheO trlnl . will be j
coniplekMl iftday. and ftlrs. II. J.I
1 l;dA4 and Mrs. 1 svsin, also face ;
trial on tho santy cogn.ts, m Hila
term tf t;ourt. 0 I
Three Mtes of alh'ged, moons.Hrne,
seized in the raid, were pacKcd' Into
the f'liurtrooni as exhibits.
Two ftimen ilrnwn to 4tli jtiry j
bo were, excused fvm Service,
questionint, as, to, (iiialiffcations. Tho
sta tjp cha llcngcd M rs. 1 1 . t 'ha ml lor
;Kgaii, wife of. tire NorUwest ainatoui-
golf champion, on grobnds of preju
dices. and the ilt'fne xcused Miss(
l.'neota Morgan, a school teacher, on i
its pivinptfiry ehnUentny. " j
'Tho rlal Is the first, ns far as
van ! learned, under the la- pnsstvl
by " tho aHt legislafcttre, "putting
teeth In. prohiMtlon," l'y providing
penalties for "gun-toUng" whUo en
gaged la boorlegglng, ahd kindred -purKiiits.
, . ' I
The defense nt the op'ening of
the ' trial, if hod that all slate wit
nesses be excluded fiuun the court
room, nnd the ruling of the . court
included Uistrlct Attorney Newt t'ha
ney, who Vaitjctpatf-d in (ho raid. ;
o TOEY
"The
O Q
Til: MVHlS
11 r7 jFm$r .
RIALTO
FRIDAT
'THE
ROUGHNECK'
Cook with gas.
tf
The Orcgom Life Man
is a trained man and a
constant student. He can
Solve your life insurance
problems for you in an
efficient manner with- .
out cost or obligation.
Phone him!
Orcgonlife
A..L. Mll.tJJ. FMoMont W.C. flnBIIPITtL. Akj IHuw
CH.IAMUBUaui,lfKr. B.R.RmuVELT.KittBr'l
HomVffici PORTLAND. OREGON
A. B, Cornell A, Cvsns
District Mgrs., 204 Medford National
itank l)ldg.,'Mcdfnrd, Oregon.
SPECIAL
SALE
TILL AUGUIT HT
MITCHELL
Orchard Ladders
55c per foot Caah
. at the factory.
MITCHELL WAY
Off K. Central Medford
. , hone 973
CASH PAID
For lcoHd-HaBl .
Vurnitvir and 8tOTt
W. A. KINNEY
813 1. Maia Ftionc 506
Pptico To VJotar
Uooro
A recent ordiiiiince jmssed ly tli City Water
Ciiininissioii ntates .
That All Delinquent Water
Shall Be Shut Off
iiiiiiietfiately afier it becomes due. -
I am iiili'iicled' to tuiTorcn. tin's ooliiuuice', nut?
ctiiiimeiicint July 15, 1925, tliei'e will he no "lia.st
Notice" cards issued or delivered to delinquent
water users. ' . ' '
"l'lease Kovr'rn yourselves accordingly.
.. CITY. WATER &UPT.
OAH
MEAT
GAS- . HEAT -GAS ' HEAT. GAS BEAT
BE FAIR TO YOUR HUSBAND
"
.
Do sot keep him waiting for -his meals antHhen
feed him on half-copked, unsanitary food.
His patience and good nature are most easily and
quickly reached via the stomach route.
Feed him on time with food such as can only be
cooked on a good gas stove and he will be easier
to live with.
O.
The Home of Dependable ervice 0
GAS HEAT GAS
D. r
HEAT
GAS
HEAT
GAS
HEAT