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,