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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Feb. 26, 1933)
County Clerk's Record Disproves Banks9 Claim in Refusal of Prejudice The Weather Forecast: Sunday cloudy with oc casional rain northwest portion; no change In temperature. Highest yesterday 55 Lowest this morning , ,,. .. 25 Twenty-Seventh Year Officer IS MOVE OF COURT T. L. Brecheen of Ashland, Reputed Good Government Congress Organizer, Among Suspects Jailed Arrests Are Kept Quiet While Police Seeking Others Believed Implicated in Destruction of Ballots Monday Night C. W. Davis, machinist, who figured In tha recent county machine dis pute, a deputy under appointment of County Judge E. II. Fehli and whose pay aa a deputy, was under dispute In the county court, was arrested last night by state police and city authorities, for alleged connection with the ballot robbery and burning last Monday nlglit. lie was the fourth man ar rested yesterday, on charges Involving the looting of the county Talut. . . Sheriff Gordon L. Schermerhorn wns , released from the city Jail shortly al ter ten o'clock, on S5000 bonds, wltn Jens Jensen and Tom Taylor as sure ties. The bonds were fixed by Justice of the reace William B. Coleman. At torney T. . F.nrlght represented Sher iff schermerhorn. Sheriff Gordon L. Schermerhorn and four other men are held by state and county authorities, on warrant charging burglary not In a dwelling, r,tinn with the theft and de- atractlon last Monday night -tfM ballots cast In the general last November. Besides Sheriff Schermerhorn, the men held are: ' Chief Jailer John Glenn of Ashland, named by Sheriff Schermerhorn last January when he assumed office. T L. Brecheen of Ashland, "Good Government Congress" speaker, and aald to be a paid organizer of the outfit. Two Names Secret. Two youths, described as "court house boarders," whose names the authorities refuse to divulge. - Other arrests are acheduled within the nert 34 hours In connection with the bold defiance of constituted au thority. Sheriff Schermerhorn was arrestea at 5:30 o'clock Saturday evening, when with Deputy Sheriff Phil Lowd. and Deputy Jailer Thomas, he came to the city police station to arrest Joe Care, city policeman, on a war rant issued on an Indictment re turned earlier by the grand Jury for Involuntary manslaughter. Officer Cave furnished elBOO bond with Dr. (Continued on Page Five) CHURCHElRED I Rev. Wm. J. Howell of the Hrst Presbyterian church reported to city police Saturday morning that upon going to the church building, he no ticed two windows broken In the rear of the church, and upon Investiga tion by officers, It was found that money was taken from all of the col lection boxes. A number of locks were broken in the rooms, according to police. Fingerprints and shoe prints were obtsined by the police. IS Woodrow Jones, son of Mrs. Laura Jones of the Grllfln creek district, who Is a member of Battery A, Coast Artillery, took the recent West Point examination on recommendation of Congressman Hawley and ranked sec ond, receiving the appointment as first alternate. Klamath Bank Falls To Open KLAMATH PALLS, Feb. 25. (AP) The Oregon Bank and Trust com pany failed to open their doors this morning. Oregon Trflther. Cloudy Sundsy and Monday with occasional rains or snows Sunday and In north potion Monday: cooler in west portion: strong southerly winds nffahore becoming west and north west and decreasing. Medford Mail Tribune MIFF AS Cave Indicted SURPRISED By STATE AND CITY HOUSE BURGLARY i.t 8HERTFF GORDON L. SCHHRMERr HORN, who was nrrested this evening In connection with theft Monday nlglit of ballots from the vault In the court house. COUNTY CLERK IN EMPHATIC DENIAL OF To the people of JacKson County: Referring to the affidavit of preju dices filed by M. O. Wllkins as at torney for Mr. Banks against Judge Norton, Mr. Banks In his Saturday Issue of the Dally News stated that "We have reason to believe that this motion of prejudice was pre pared and placed In the files, after Wilkin hs withdrawn as the at torney for L. A. Banks." Mr. Bsnks had no reason to be lieve any thing of the kind. This af fidavit of prejudice was filed by Mr. Wllkins, as Banks attorney, on' the 7th dAy of December. It was filed oy Nydah Neil as deputy clerk and en tered at once on the file docket of the case. The affidavit bears the fil ing date on the back of the affidavit, and it was Immediately placed in the files of the ease in its regular place. Mr. Wilklns' withdrawal from the case is on frie among the papers of the case as of February 1st, 1933. The Imputation made by Mr. Banks to the people of Jackson county that thia orflee 1 falsifying the records of the office or of any case Is very emphatically resented; and he has never at any time had any reason or ground for entertaining that belief. Mr. Bank could esstlr have learned the truth of the matter by calling at the office, and avoided resorting to a scurrilous Innuendo against the clerk's office. 3. H. CARTER. County Clerk. V. F. W. ESTABLISH J Veterans of Foreign Wars have established a veterans' free employ ment bureau at R. Estea'. 17 8outh Fror-t street, thia city, it waa an nounced yesterday by Crater Lake post. No. 1833. Any ex-service man holding an honorable discharge from the United States army, navy or marines la eligi ble for registry. Each person la asked to bring discharge papers when ap plying for registry. Men are needed on state and county road work, the announcement states. La WM Ml CITIZENS COMMITTEE IS FORMED BACK LAW OFFICERS OF COUNTY LASHES EDITOR IN FACE WITH Mrs. Martin, after the Incident, telephoned this paper, and gave her version of the affair. Mrs. Martin stated that she had appeared before the grand Jury, and sought the Indictment of Hall for the article to which she ob jected. She said that the grand Jury, refused to take any action, and that she "felt the course she took wns the only way I could secure redress.' .' . , This was the gist of Mrs. Mar-, tin's statement.- ! . ' Henrietta B. Martin, president of the "Good Government Con . gress" attempted to assault lon-. ard A. Hall, editor of the Jack sonville Miner Saturday evening ' about 6 o'clock. In front of the Dally News office on West Main ' street. Mrs. Martin and Hall, fol lowing the altercation, were taken to the city hall by city and state police' for questioning. Mrs. Martin, following her short de tention, wss allowed to depart. Any legal action against her awaits the action of the grand Jury, which con venes Monday, the authorities say. Hall did not swear out a complaint against her. Lashed In race. Hall was lashed across the fsce once by a buggy whip In the hands of Mrs. Martin the authorities said. The woman sustained an abrasion under one eye in the melee. The assault occurred when Hall, who went to the Dally Newe office, came out of the newspaper plsnt. He started east on Main street. After a few steps he turned, and started back in response to a call. At this Juncture, Mrs. Martin, who had been seated in a parked auto at the curb, appeared and started swing ing with a buggy whip. Hall grap pled with her. Immediately two men grabbed Hall, and held him. Police Grab Woman. Before any serious damage could be inflicted, stste snd city police ap peared from a hallway, and parked autos across ths street. They seised the combatants. Hsll was escorted to police heedqusrters by City Police man Tom Robinson. The authorities had been apprised of the lntentiona of Mrs. Martin on a phoned "tip" and a half dozen of ficers were In the vicinity of the News office. Mrs. Martin told the authorltlee that she assaulted Hall with the whip (Continued on Page Six) SHRINE CLUB FRIDAY Prank Jenkins, president of the Southern Oregon Publishing compsny, will give ths msln address st the next regular Shrine club luncheon Friday. March 3 at the Hotel Med ford. It waa announced Saturday by President Harold Brown. A special program Is being arranged, Mr. Brown said, and It Is expected that all Shrlnera of Hillah Temple, as well aa members of other temples. who are In the city, will be In at tendance. UNIVERSITY ATHLETE FUNERAL ON MONDAY PORTLAND, Ore., Feb. 38. (API Funeral aervieea for George Homer 8 Labi, 27, University of Oregon senior snd basketball player who died yes terday at Eugene, will be held here Monday at 0:30 a. m., at the St. Boss Cotbolto church. MEDFOUD, OREGON, SUNDAY, FEBRUARY 26, for Slaying of Dahack GRAND JURY E JOB WITH PRAISE Flat Denial of Widely Circu lated Charges That Nor ton, Codding and Neil son Tied Hands, Is Given The grand Jury, William T. Grieve of Prospect, foreman, made lt final report yesterday, made a number of recommendations,: and gave high praise to Circuit Judge H. D. Norton. District Attorney George A.coaaing, and Deputy District Attorney George W. Nellson. Plat denial to" the .widely circulated charge, that these three offldsls "tied, the hands of the grand Jury," Is contained', in the leport. The re port also declares "that all the coun ty officers, are conducting county business. In a very efficient manner." '. Favor Firing Extra Aides The grand Jury recommended' that the services of a probation officer and deputy Jailer, be "dispensed with im mediately." The probation officer la Amoa W. Walker, named by County Judge Fehl. . "Indiscriminate distribution" of master keys. "Which open practically all the officea In the courthouse" Is scored, snd It is urged thst these keys be taken up at once." and the Improper issuance of these keys be absolutely prohibited. The county court Is called upon "to disregard any personal differences, and conduct their business and per form their duties along lines that will result In a business like sdmln istration." Old Courthouse Hazard The grand Jury finda that the old courthouse at Jacksonville Is becom ing a fire hazard, and should be pre served as a pioneer memorial; that some Improvements should be made to the oounty poorfarm; that solicit ing prisoners in the county Jail for legal work should stop: thst o. w. (Ike) Dunford, former Jsller "Is open to severe censure for his handling of ltauor. and for his failure to Install an accounting system" to keep track of It; and that feeding the county prisoners Is costing less money, since the first of the year. Following the filing of the report, the grend Jury was permsnently dis charged. The report In full Is as follows: 'We. the grand Jury of Jackson county, Oregon, for the October, I93Z, term of the circuit court of said county, respectfully present to Wits court our finsl report and recom- mendatlona, as follows: I. "We have made an examination of and Investigation Into conditions In the old court house at Jacksonville and we find this building is not be ing given proper sttentlon and care and that a fire hazard Is Being per mitted to exist, we believe It to be to the best Interests of this couny for his old court house to be placed In care of the Pioneer organization of Jackson oounty, which organiza tion la desirous of using said build' lng ss a memorial to the ploneera of Jackson county, and In order that valuable relics of historical Import ance .some of whloh. are no stored In Portland, may be placed therein II. "We have also examined tfie county poor farm and have found same in gosd condition, with the exception of some Improvements which should be effected, which have been called to the attention of and are being arranged by the county court. "We find that Mrs. Wells, the su perintendent of the poor farm, la very efficient and la supervising the work In a very aatlsfrctory manner. III. "We have examined the machine shops of the oounty snd recommend (Continued on Page Ten) ARE DIVORCED BY OF L. A. Banks, orchsrdist and editor and publisher of the Daily News, was dispossessed of the newspaper plant Saturday morning, following a decree handed down In circuit court by Judge W. M. ' Duncan of Klamath county, in favor of the News publish ing company, Lee Tuttle, president, granting them . immediate possession. Before the execution of the Judge ment could be made, 'aides of Banks, a number being Identified as some of the "Green springs Mountain Boys' started moving equipment from the News plant. A truck, bearing a license Issued to the auncrest Orchards, Inc., one of the Banks properties, wss ssld to have hauled away one truckload. Part of the moved property was tak en to the Pacific Record-Herald build ing, on Sixth atreet, owned by Coun ty Judge E. H. Fehl. Another load was moved to an unknown destination. Re-possessing of the moved property Is being sought. Banks waa not on the scene In person. . Moving Activity nailed The moving . caused considerable furry along Main strset, until Sheriff Schermerhorn, accompanied by Attor ney Gus Newberry, and Mr. Tuttle arrived. The moving halted, and the old Newa Publishing company imme diately took charge. Most of the desks and typewriters In the business office hsd been taken. Some of the movable parts of the mechanical department were taken. Including linotype line spaces and metal. The defiance of a court order caused only mild excitement. The partici pants were for th moat part follow ers of Banka and his "Good Govern ment congress." It wss ssld names of most of those assisting In the mov lng were obtained. small Crowd Present A amall crowd assembled In the circuit courtroom to hear the ruling of Judge Duncan. A few known mem bers of the "Good Government con gress" were present, Including Mrs. Henrietta B. Martin, president of the "congress". There were fewer "cong ressmen" In the court house thsn ususl. Banks wss not present. - Judge Duncan in a brief verbal rul ing, granted a decree to the old Newa Publishing company. He said that the court was satisfied there nad been ample time to prepare a defense, snd that the affidavit of prejudice, filed bv Banks Friday, waa too late, and furthermore that two affldavlta of prejudice, the legal number allowed, had already been filed Banks appear ed Friday as his own counsel, snd made an effort to further delay the legal action him. The oass has been pending since last December, ana every possible legal subterfuge em ployed to postpone oaturnay s legsi reckoning. Mortgage Decision lter In the ault of O. B. Waddell. as signee for the Medford National bank for the collection of approximately 9000 owed by Banks snd wife, or mortgages on his home, snd the Sun crest Orchards, Inc., ceclslon was re served by Judge Duncsn until a lat er date. Re-possession of the News by Its founder, brings to a close a stormy period in the life of the paper. Banks, as editor engaged in "personal Jour nalism" and apeclallzed in dally at tacks on established Institutions, and oounty officiate. At first the policy attracted, but the past six months there has been a steady drift away, and crystallisation of publlo opinion against methods that kept the oounty In a constant turmoil. Under Banks' management the morning paper wss constantly beset with troubles, of all kinds and varieties. Lee Tuttle. who will be editor of the Newa whether or not It continues as a daily or weekly publication, is a conservative but progressive type i of editor, and "stickler for toe truth. 1933. Move to Ban Radical Court House Meets First Official Act A "Citizens' Committee of One Hundred" nas been formed, repre senting every Important district of Jackson oounty, for the express pur pose ot restoring respect for the law and giving publlo officers whose duty It is to uphold and enfurce the law, ACTIVE AND UNITED SUP PORT. . The purposes of this organization are glvln In the following author-1 lzed atatement: The object and purpose of the Citizens' Committee of One Hun dred Is to support the duly elect ed and appointed atate and county offlcera In the faithful performance of their dutlea and to assist In the preservation ot or-. " der 'In Jaokson county. - The fol- lowing la a declaration of the purposes -of-" this ' organization and the manner In which it shall " operate; ... - . . . Thia organization shall' be - known as the Citizens' Commit tee of One Hundred of Jackson County, Oregon. The object and purposes of this oommlttee shBll be: TO PRESERVE ORDER. . ' TO SUPPORT THE DULY ELECTED AND APPOINTED OF FICERS IN THE FAITHFUL PERFORMANCE OF THEIR DU TIES. .TO BRING TO JUSTICE SUCH PERSONS AS ARE OR HAVE BEEN VIOLATING OUR LAWS WITH A FURTHER OBJECT AND PURPOSE WITH A VIEW TO RESTORING NOR . MAL PEACE AND PROSPERITY IN JACKSON COUNTY . THIS COMMITTEE SHALL BE GOVERNED BY THE USUAL RULES OF PROCEDURE AND SHALL HAVE ' A CHAIRMAN, SECRETARY AND SUCH OTHER COMMITTEES AS IT S'lALL. FROM TIME TO TIME DETER MINE NECESSARY OR CON VENIENT, ANY RESIDENT OF JACKSON COUNTY. ORE.. WHO SHALL AGREE TO AS8I8T IN CARRY ING OUT THE OBJECTS AND PURPOSES OF THIS ASSOCIA TION SHALL BE ELIGIBLE TO MEMBERSHIP. The plan to form suoh a commit tee was drawn up sseveral days ago. (Continued on Page Ten) Role of Persecuted Has Often Forced Banks to Sidestep Truths Pathway Affidavit Filed by Wilkins While yet in Banks Council in Foreclosure Suit Instituted by Former Owners Yesterday's Issue of the Medford Dally Newa under the signature of L.I A. Banks, editor, and leader of the Good Government congress, contain ed a continuation of the false state ments and misleading insinuations that have graced the Dally News for many months. The statements were made with the definite purpose of misleading the Banks followers, -it Is believed, and with, the Intention of prejudicing the minds of tha people against the court and offlcera of the county. Banka claimed in his column that he did not have -time to file an af fidavit of prejudice apt Inst Circuit Judge W. H. Duncan .i the ault of Lee Tuttle and the old News Pub lishing company against Banks and the Dally Newa , publishing company. This statement la proven absolutely false. Records Show Falsity Bank alo Insinuates that At torney Me O. Wllkins filed an af in Raid IS $5 WEEK PRIZE KUow Mae Wilson won the five dollar prize given to the popularity girl who turned In the most votes during the past three dsys, up to the stroke ' of six last evening. Ellow Mae, i one of the most enthusiastic contestsnts for the free trip to Ha waii, the winner of which will be announced next Saturday night, March 4, secured 130.900 votes since February 23. - With a total of 708.600 votes. Mar garet Melllng maintains her place In the lead, according to Saturday'a vote count. Oleta Rogera la aecond, with a total of 736,200 ballots cast to date. Six daya remain until the Medford Merchants-Msll Tribune popularity event Is ended snd In the mesntlme there promises to be plenty of ex citement this week, with one girl leading today and another ahead in the next tabulation of ballots. A colorful popularity ball at the Oriental Gardens, sponsored by Med ford post No. 15, Amertcsn Legion, will be held Saturday night, March 4, as a fitting climax to the Merchants Mall Tribune popularity contest. Msny of the contestants will be Intro duced, returns will be announced from time to time snd the winner of the first prize and title of 'Mlss Medford" announced Just before the (Continued on Page Seven) fidavit of prejudice against Cir cuit Judge Harry D. Norton af ter he had withdrawn as Banks" attorney In the case, for the pur pose of defeating Banks. This claim is also almoliitely false, and Banks could have found It to be fnUe by looking at the records on file at the county clerk's office. ' The statement of Banks that ap peared In yesterday mornings Issue of the Medford Dally Newa waa aa fol lows: "First, we declare that Wllk4n waa without authority to sign a motion of prejudice before and in behalf of L. A. Banks." Attorney May Prejudice The state law is definite In th'a respect," Attorney Qua Newberry said on Saturday. "The state law aays that either the persons In the ault, or their attorneys, can file affidavits of prejudice. When Wllkins filed that (Continued oa Page Ten) Pald-Up Circulation People who pay (or tbelr newspapers ire the best prospects (or the adver tiser.. A. B O. circulation is paid up circulation, Tbla newspaper la a. a o. No. 287. on Still T Involuntary Manslaughter Is Charged in Reese Creek Still Raid Bond Fixed at $1500 in Old Raid Case Joe Cave, Medford policeman, waa Indicted by the Jackson county grand Jury Saturday, on ' a charge of Involuntary man- slaughter, for the death of Ever- elt Dahark of Eagle Point, on the morning of November 14, 1930, during the progress of a raid on a still In the Reese Creek district. The indictment charges "thst said Joe Cave In the commission of a lawful aot, but without due caution or circumspection, fired a rifle In- the proximity of Everett Dahack, causing his death." No Criminal Intent Been. -No criminal Intent la embodied 'in the Indictment, . Judge William M, Duncan of Klamath county, who pre sided at the session, fixed' the bonds, of Cave at $1800. It was ths second Involuntary manslsughter Indictment returned by the grand Jury, which: was lormauy discharged yesterday. Relnhard A. Rolfe of; Central Point. was indicted for the killing of. hi bunting companion In mistake for a bear. Rolfe was found guilty and now on parole.' ' Dahack waa killed on November Is. 1930, at a still on Reese creek, during the progress of a raid, of which Cava, waa a member. The fatal shot waa fired, according to report. In the air, to halt Raleigh Matthews, when he attempted to flee. Afterwards Da hack waa found dead near a mash barrel. It was the theory that the bullet rlcochetted. Reopens Old Case. Two previous grand Juries one or dered by the governor with a special prosecutor, heard the evidence In the case, without being able to return it true bill. Rslelgh Matthews, a cousin of Da hack, Ted Smith, and William Goeta chen, were arrested snd found guilty of operating the raided still. Mat thews and Ooetschen served prison terms. Smith wss paroled, on prom ise to support his family and mother- in-law. The death of Dahack became a political Issue, and was used effec tively as campaign material, particu larly In the country districts. It was (Continued on Page Five) WILL; ROGER? PeSSys: BEVERLY HILLS, Feb. 24. Say, that Iist o new cabinet members sent everybody through Who's -Who, World's Almanao and the U. S. finger print department trying to find out who they were. The forgotten man has been found and there was nine of 'cm and a woman. So we open Mnrch 4th with the "unknown cabinet." The rogues' gallery photographs show us that three of 'em es caped from the senate. That ' like going to tho old men's home to get an athlete. But I believe they are going to be all right. They all got their reputations to maVe, which is better than feeling they havo one already made. Tours,
