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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (April 9, 1933)
Paid-Up Circulation People who pa? (or their newspapers re the beat prospects (or the ader tlaera. A. B. C. circulation I paid up circulation. This newspaper la A B. C. The Weather Forecast: Fair Sunday with rising temperature. Temperature Highest yesterday 48 Lowest yesterday 83 MEDFOKU, OREGON, SUNDAY, APRIL 9, 19;J3. Xo. lo. Twenty-eighth Year nn JU edford Mail Tribune M Comment on the Day's News By FRANK JENKINS L. A. BANKS, or Medford, charged with the murder of Constable George Prcacott, will plead not guilty. It la expected that he will base hla defense on the contention that he was protecting hla home. 1UCH plea, of course, la an ab- surdity. Constable Frcscott was duly armed with a legal warrant when ,he ap proached Bank' home. Officers duly armed with legal warrants have the RIGHT to enter homca. They MUST enter homca If the law la to be en forced. The theory that a. man's house la his castle does not apply to officers of the law properly armed with legal warrants. CJUPPOSE, for example, aome evil " peraon entered your home, rob bed It, murdered your wife and chil dren, then went on down town, rob bed the bank and murdered the cash ier. If we aanctloned the plea that a man's house Is bis castle, and as such must not be entered without per mission even by officers of the law, all this evil person would have to do to avoid punishment for his horrible erlme would be to retire within Als home, close, bhe doors and be safe. Obviously, we can't permit any such theory as that to prevail. HERE Is an Interesting paragraph from the day's news. It occurs in a market dispatch from Chicago: "A booming rise at the very outset of trading carried most grain prices today to the highest levels for nearly a year." The reason. It Is so Interesting Is that sustained Increases In grain prices will be the sure sign that .the depresslon-to over-md- thabuemesa revival Is under way, THE market reporter who sent oujj tfils dispatch undertook to ex plain It. The spectacular rlso In grain prices, he says, was due to two causes talk of Inflation and reports of un favorable weather In the grain belt. Talk of inflation, you see, causes people to believe that money will be worth' less, so they hasten to ex change It for commodities before the cheapening process begins. Re ports of unfavorable weather In the grain belt leads people to believe that grain will be scarcer. And If grain is going to be scarcer It will be worth more. Hcnco peo ple hasten, to buy. nntne .tnrlc market, we read, fol' A lowed the tendency of the grain market, and ROSE, but some of the gains scored In tfie morning's trad ing were lost in the afternoon. Farm Implement, metal, food, rubber and steel stocks, however, remained fair ly strong throughout the day. Metals, foods and rubber are raw materials. Rises in prices of stocks having to do with raw materials are niM(iilArW encouraging. Raw ma terials have been selling far too low. Any increase In their price will better the business situation mater ially. Increases In prices of stocks based on raw materials Is an Indi cation of popular belief that raw material prices will continue to rise. THERE Is a general and hopeful belle( that the bottom of the depression has been reached and that by fall we shall see distinct begin nings of actual Improvement. If there la to be Improvement In business, prices o( most basic com modities will have to rise, becsuse the producers of these basic com modltiea represent a large share o( the country's buying power. As long as prlcea of what they have to sell remain below cott of production, they will HAVE NO BUYING POWER. It Is only as they are able to realize a profit on what they produce that they will be able to buy what others have for sale, thus stimulating trade and creating employment for labor. Because of this fact. Uie course o( commodity prices In the next few months Is going to be tremendously Interesting. If commodity prices continue to rise, we shall be war ranted In believing that Improve ment In btislncss ha set In. PralM Hitler BERLIN, April 8 (AP) Norman H. Davis. Americas traveling ambas ssdor ho ha completed consulta tions with statesmen in London and Tar., conferred today with Chancel lor Artolf Hitler and found him to be "a man of great dynamic force." No Authority to Try or Fine in Contempt Trials In an order, signed by Earl II. Fehl. county judge, and (lied with the rounty clerk yesterday, the suit o( the Hill, ex rel, against l'. uanu..... i.uicr i..., - 7 " former county commissioner, Is ordered dismissed, and all Judgments ren dered he "dlMilli.sed and declared mm nroi-pr. lines hummed csalnst tne o reprisal by Fehl and I.. A. Banks tor the county commissioner, to (III the vacancy Inhn A. Barneburg. Tne line is rei-aea Error Admitted. In the order Fehl admit he was in error In hearing and rendering a Judgment, and that he had no Juris diction In the case. Bursell and kam- kin were fined 1 for contempt, Jt was never paid, and Is now dismissed. The legal question now arises that if Fehl had no Jurisdiction to hear the case, he .now has no Jurisdiction to dismiss, as It was an Illegal ac tion from the start. The case is now pending action on a writ of review to a higher court. The writ of re view Is based upon the claim that Fehl. In ordering the arrest of Lam kin and Bursell, hearing the case and passing sentence, usurped powers 1,ot given him under Oregon lows. Fehl for weeks questioned the legality of Nealon'a appointment, he now de clares Is valid. The order sets forth that Fehl. in conducting the proceedings acted upon the advice of M. O. Wllklns. his attorney, specially named by him to conduct the proceedings and now places the blame for the high-handed proceedlnga upon the shoulders of his former counsel and friend. Fehl In sisted that Wilklns prosecute the case. The Issuance of the order will have effect uoon lecal matters tnai. may be pending against Fehl. aa a result of the contempt hearing and usurpation of power. Fehl, at the time, claimeo iuji juris diction, that he had concurrent, pow ers with the circuit court, and Issued bench warrants late in the afternoon. whl-h then 8herlff Schermerhorn valnlv endeavored to serve that night. The order la also an aamuion j Fehl, that the former county court had -'-the i. rutht .-to appoint Commis sioner Nealon, and were within their legal rights and powers in so doing, and that his appointment was at all tlmea valid. Fehl contended that the appoint ment of Nealon was a plot "to tie his hnnds" and with L. A. Banks InslBtea t. "demonstration" and "Good Gov ernment Conaress" meetings that Nealon resign. Petitions to the same end were circulated and algned. lllch Handed Mock Trial. The contempt charge hearing was the first atormy session at tne court house that followed the assumption of office by Fehl. The county court room was dally packed with Fehl Banks henchmen and frequently mut tered threats were hurled against both District Attorney Codding and com mlsaloner Nealon. Fehl Insisted that Attorney Wllklns, conduct the pro ceedings Instead of the district at torney, while he himself made of ficious rulings, prefaced with the frequent announcement: "I am your duly elected, qualified and acting county Judge." The trial was con ducted In a strained atmosphere, and. with public attention at a high pitch. At the conclusion of the so-called "kangaroo" court. Lamkln and Bur sell were fined 1 each. They took an appeal. Transcript of the pro ceedings have been prepared for pre sentation to a higher court. The order Is considered by attorneys for Bur sell and Lamkln as a move to thwart further proceedings In the case. The "mock" trial was held the first week In January. Order In lull. The full text of the order of the county Judge Is as follows:. "The above entitled matter be ing now before the court for fur ther consideration and the court COURTSHIP CLASS FOR UTAH YOUTH SAIT LAKE Cm, April 8. (JP) A proposal for courtship classes in all senior hijrh schools in Utah was ; proposed today by Dr. E. E. Erlck?n. j professor of philosophy in the Un. versity of Utah. j The plan is based on experiments In teaching courtship in high schools in Sutler and Sanpete counties in thla state and in his classes at the university. "On the sta?e, love ts the favorite butt of ribald Jokes," he said. "In current superficial fiction It is handed lightly to make 'best sellers" the total total result of this bundling manner of treating the deepest emotion of the human race Is a vat iznorance and confusion '" Dr. Erirksen'a scientific courtehlp would incorporate three stages of ap proach : Extensive acquaintanceship brought about throueh wholwme gatherings in schools and churches. Intensive acquaintanceship during which young lovers develop a real in terest in each other. The staee between eruraaement and marrtnee which is "rich with emo tion and dnrtnjr whih ther is a real ,ntima;y between the two." State or Oregon ann noru - ana u.u. ...c ,,, , , , iurim-r cuumy ,... --. appointment of R. fc. .Nealon caused ' me resummon . miu . being now better advised In the premises, makes these representa tions and this order: "Whereas, the above entitled proceeding was brought by the plaintiff. Howard Hill, upon rela tion of the State of Oregon, as this court is advised by the said Howard Hill, upon the advice, and with the solicitation of M. O. Wllklns. attorney at law of Ash land, Oregon: and "Whereas, both the said plaintiff, Howard Hill, and the county Judge at said time had faith and confidence in the Integrity and legal ability of said M. O. Wllklns and believed that the advice given by him was proper: and "Whereas, this county Judge be lieved that he had Jurisdiction In the premises to try and deter mine the said proceedings; and "Whereas, thlacouniy Judge Is not an admitted" attorney at law nor learned In the matters of Jurisdiction, but Is dependent upon those supposedly learned In the law for advice with respect thereto: and "Whereas, this county Judge has been further advised by legal counsel In whom this court has full faith and confidence, that this Earl H. Fehl, sitting as county Judge, had not Jurisdic tion to hear and determine the said contempt proceeding above named, and now being fully ad vised In the premises, this county Judge makea and enters his order: "The above entitled proceed ings be and the same la hereby dismissed and all' orders and Judgi ment therein rendered bo, and the same are hereby, revoked and annulled." (Signed) "EARL H. FEHL, "County Judge." 4 F AT R. J. Rogers, frost expert with the federal weather bureau, reported late last night that valley orchardlsts. who had enough .oil to carry them through the season, would In all prob ability arnudge during the night, witn weather reports forecasting freezing temperatures In the Rogue River val ley. Between 5 a. m. and S p. m.. on Saturday the local weather bureau reported a minimum of 33 degrees, and a maximum of 48 degree. Oc casional snow and hail flurries oc curred throughout the day. Mr. Rogers said Saturday night that buds in the different orchards had reached varying shades, aome In the white stage, some In the pink stage, and others in clusters. He pointed out that numerous orchardlsts only had oil enough for two or three fills and that the weather department had advised using that oil later in the season, instead of at the present. With unsettled weather in the val ley, a report was received from Cra ter National park that nine inches of snow had fallen there. Friday and Saturday were devoted to clearing roads Inside the park, and the rim parklnxway officials at the federal building stated. Last year, the greatest snow depth was reported on April 32, with 166 inches In the park, and this year the maximum was reached on March 28. with 171 Inches. LOSE TO OAKLAND ESTUARY. OAKLAND, CBllf.. April 8 (AP( On the twist ing, foam-tossed bosom of Oakland eatusry today Washington's Huskies swept to three thrilling victories over Csllfornla's Bears In the annuel re newal of the erew racing regatta. eatsbllshed 30 years go. Besten In the freshman race oy three leneths and out-lurked In the Junior varsity when the bow oar "csiniht crab" SO yards from the finish, the Bears- cup of woe was filled to overflowing when the pride of the Blue and Oold "na,vy." the var sity, wss humbled by Wsshlngtorfs first string boat by the margin of seven lengths. WASHINGTON. April 8. (API Captain Fred F. Rogers, commander of destroyer division 8 of the scout ing force, waa assigned by the navy department today t duty as naval attache at Tokyo, Japan. KING GAMBRINUS HAILED ON RETURN TO ANCIENT l vsmmm era, . ou The old Flemish King, Gambrinus, who, legend says, Tirat gave Deer to tne world was tustlty cheered at the came legal in the west. These picture! show the opening hour in San Francisco, largest beer manufacturing Left: loading the new beverage Into an airplane for delivery to an Interior city. Center: "Gambrinus Rex," hauled the first keg of liquid Into a San Francisco hotel dining room and (right) a gathering around an old Cisco brewery. (Associated Press Photos. Ed Leach Eyed UP SHERIFF DUTY Retention of Jailer Kelly and Deputy Olga Anderson Is Seen Plans for Turn over of Office Completed Prospect ' that aordon t. Scner roerhom, doposed sheriff, by order sif Oovernor Meier, would file & writ of review In circuit tomorrow, as a means of testing the constitutionality of the law, under which he was sus pended, looms, according to close friends of the ousted official. Attorney A. C. Hough of Grants Pass, wss reported In the city yes terdiy. conferring with Attorney Frank J. Newman on future court moves According to lawyers, any writ pe tltlon would not stay relinquishment of the office by Scliermcrhorn. Before Oovernor Meier ordered the suspension of Schermerhorn. he pro cured an opinion from the state attorney-general's office, on the legal ity of his course. Edward Leach, civil engineer for- merl7 with the Medford Irrigation district, according to unofficial In formation will probably be named chleX deputy sheriff, by Walter Olm scheld. when he assumes the sher iff's office tomorrow morning, under the orders and appointment of Oov ernor Julius L. Meier. The appoint ment is for 00 days starting April 10. Olmscheid refused to confirm or deny the report, on the ground that he would have no public statement to make until he became sheriff. Leach, If appointed, will tako the place of Phillip B. Lowd, runner-up for the Republican nomination in the spring prlmsry. out of a field of eleven. He lost by a few votes. He was vigorously backed by L. A. Banks, whose Influence .with County Judge Fehl. Is generally credited with gain ing him the chief deputyshlp. To Succeed Loml At the ouster proceedings against his chief. Lowd testified he had writ ten a note to Banks, suggesting time to be arrested on a criminal II bel charge; and It was Introduced as evidence. Lowd also admitted that on the night of the bsllot robbery, he losned hla sedsn to Arthur LeDleu. former Bsnks business manager, and (Continued on Page Ten) FOR AKRON DEAD TS. n. S. PORTLAND. OFF NEW JERSEY- April 8. .AP Spurred on by the finding of the body of Lleut CoI. A. T. Masury and several pieces of debris, the navy tonight continued Its concentrated search for wreck-1 age of the dirigible Akron and the bodies of the 70 of the- 79 aboard ! still unaccounted for. (The body of Maaury. U. S. A. ord- , nance reserve, who had gone on the) Akron as a guest, of Rar Admirsl WH- 11am A. Moffett without telling his 1 nM ,,p ln thff tnate by a motion wife of h contemplated trip for I ,ntred by Trammell (D., Fla.) to fesr of worrying her. arrived at the j rrC0nnlder the vote by which It was Brooklyn navy yard abosrd the coast . prmd. guard cutter Galatea.) j Trammel made the motion which Coant guard and naval veswls kept j he said he would call up next Tuea on with dragging activities over day. at the same time as the bill's .V0-mlle area, with the renter about author. Black D.. Ala ) offered an 20 miles off Barnegat light, nesr other mens ire to establish a six- the spot where the Akron fell into Uw sea early Tuesday. tw . w 'r it 'f m. Jtv jsswjt .-i ; h K .-at w tar 'V m,. : . .'... : BY KIN IN FIGHT; OF William Sliann, about 40. suffering Iron) live severe knife wounds a result of a quarrel Friday night with his father-in-law. Dexter Hale. 54. who allegedly stabbed him In a drunken battle at tne Riverside apart ments, waa reported late Saturday night as (jetting along nicely, and according to the city physician, will probnbly be able to leave the hos nltal within a few days. Hale Is held mending further developments. Two other "battles" on Friday night were reported by offlccra In the county, resulting In the arrest of Chester Hodgklna, 33. who was brought to the county Jail by a Tal ent officer early Saturday morning. Hodgklna Is charged with aaaault and battery, the complaint having been sworn to In Justice court Saturday afternoon by Ben Webster, who allegedly assaulted. Dexter Hale, lodged In the city Jail Friday night following the cutting scrape, was moved to the county courthouse Saturday by city police for several days' observation by the county physician. Officers stated that Hale and Shann had both been drinking and were "tapering off on moonshine." Hale had gone to the Riverside apart menu were he had rented a room and Shann and hla wife went there to take him back to the ranch where he lived with them. Mrs. Shann told police that the men were quarreling. She left the room, and at the time of' the stab bing she waa sitting In the car. Dr. Edwin Dumo was telephoned by Shann, and a report waa turned In to the city police. Officers said when they reached the apartment house, they found Halo on the floor, drunk, and that Shann came In later. Streams of blood were flowing from the wounds, police reported, and the man waa rushed, to the Sacred Heart hospital, and City Health Officer L. D. Inskeep called. Shann had 'apparently gone to town to telephone Dr. Dumo. Both Shann and Hale are well known In Medford "where they have resided many yeara. Hale was asfO- slelsled with Noah Lyons In business hero a number of years ago. Formal charges have rot been placed against Hale aa yet, as offi cers are awaiting the outcome of Shann's condition. Early Saturday morning state po lice were called to Buckshot hill to quell a "disturbing the peace" com plaint. Herbert Wade, his wife and two sons, snout 16 and 17 years, were brought to the police station, and later released. The affair was a family quarrel, fttate police said, resulting in a broken window at the Wade home, some furniture In never, pieces, and Mr. Wade suffering slight cuts. No arrests were made. SENATE DELAY ON 30-HR. IRK BILL WASHINGTON, April 8 (APt , 30. hour work week bill ha ben hour an r, 42 hours a wees ior Tail 1 road. as New VALLEY GROWER HEADS PORTLAND E Jim Edmiston Heads Stock Project to Grow Hops and Make Beer Plan Huge Plant Option On Hops PORTLAND. Ore., April a. (AP) In the midst of an arid, calm that succeeded the opening but limited storm of 3.3 beer In Oregon yes terday, came the announcement to night that plana are under way for construction of a 9360,000 -brewery In Portland. The announcement waa made through Vie Portland Chamber of Commerce by James E. Edmiston, president of the newly organised Breweries and Hopyarda, Affiliated. Edmiston said the plant, for which the site la yet to be selected, will have a capacity of 100.000 barrels a year and will be In operation with in four months. Machinery has al ready been ordered from Germany. he said. Plans as announced call for employment at the completed plant of 60 persons In addition to salesmen and deliverymen. Frederick Olatz, who has served brewmastor at several large eastern breweries, is a director of the new company and will be brewmaster. It was announced. T,ie company, Edmiston aald, already owns 300 acres of hops in Oregon and has 700 additional acrea under option. The announcement stated that the organization has assets of 4300,000 and plana to effect completion of financing of the new brewery through Issuance of stock. The combined supply of the Port land and Pendleton breweries, only two In the state, vanished swiftly as soon as It was delivered yesterday. James E. Edmiston, well known local fruit man, left Medford some time ago for Portland, and news of his plans to enter the brewery busi ness was released, unofficially, by friends here last week, Mr, Edmiston owns considerable property in southern Orpgon and was for a number of years active In the pear Industry, recently asso ciated with tihe C. and E. plant. 4 E PORTLAND, Ore., April 8 (AP Lumbar shipment from Columbia j rlw Port8 March totaled 87.628.000 board feet, an. Increase over March, 1P32. of 38.618.000. figures released today by the Portland merchanta' ex change disclosed. The exchange In terpreted theu fig are a Indicating that lumber ha at last "hit It up ward stride." Increases ln the movement of lum ber were noted in all directions. Japan and China both approximately dou hied their Imports from the Colum bia river, and Increased were notice- I able In the movement to other for eipn markets, to the Atlantic and gulf coasts and to California. Kater rilgrlma ROME. April 8. (AP Pilgrims from all parts of the world have assemoled here for the most extra ordinary Holy week ceremonies held bythe Roman Catholic church in six decades. They will begin tomorrow. Palm Sunday, on the nineteenth hundred,! anniversary of Christ's triumphant entry Into Jerusalem, THRONE zero hour when 3.2 bew be. center of the Pacific Coast. antl-Volstead mule, proudly oaken barrel In a San Fran Deputy T BIG AND SHIPMENTS SHALL Medford, buoysnt for a few hours Friday while amber suds flowed from numerous fountains, waa bone dry again yesterday. Beer, like an April shower, came and went, leav ing behind It only the desire for more of the new beverage. Calls, received by distributors, re tailers and dispensers, received the same answer throughout the day "No we have no- beer, no beer in bottles, no beer on draught.' And that waa that on into a Saturday nightl A new supply Is expected to ar rive In the city Monday. A little may trickle in today, one firm an nounced. But there la nothing sure about that, . The supply expected Monday will also be short-lived. It Is feared. If consumed at the rate of Friday's shipment. It takes tlmea to make good beer. the old folks say, predicting that Medford will not see an adequate supply of the new 3.3 per cent brand before next September. More than 300 cases of beer were consumed Friday, not Including the amount of the beverage served on draught, and there were many peo ple who declared yesterday, that ! they had yet to taste the new drink. At cafes, where beer flowed Fri day for the short while that it did. business In general was Increased by an Important figure. Tea time saw throngs calling for dutch lunches to go with the beer, and at eve nlng many more people were dining out in hopes of a taste of the bev erage, overlooked by the afternoon's trade. Most of the beer was drunk be fore it had time to be properly cooled, the dispensers were com plaining yesterday, assuring custom ers that it will be even better after pending at least 24 hours on Ice. To which the general reply was "It was plenty good, while it lasted." Although the thirst for beer waa great throughout Friday afternoon and evening and satisfied In many cases,' no crime was attributed to arrival of the new drink. Police made no arrests aa a result of the new. beer, .they, stated, . . . f A closer check on Illegal drinking, now that a definite stand has been taken by the government on the beverage question, will be maintain ed by of flrlats, and It waa under stood laat night that most of the speakeasies neighboring Medford had closed their doors, voluntarily, and that a definite drive was underway to stop the flow of moonshine w.hlskey, which brings no revenue Into the government purse. v f ' J NEW YORK. April 8.--(AP) Those baseball fans who back their opin ions with money have made the New York Yankees and the Chicago Cubs favorites to win the pennant In the American and National leagues again, with Yankeea at 3-9, the ahorteat priced choice In years. Jark Doyle, Broadway betting com missioner who announced the odda on Vie 1933 campaign which opens Wednesday, ssld It had been more thai 30 years to his knowledge since anv team has been such an over whelming favorite to win. The odds on the Yankees reflect the genersl opinion of fan and ex pert alike, but In making the Cuba 7-6 favorites to repeat those who "lay their money on the line- differ with the experts who voted In the Associated Press poll Vw Pittsburgh Pirates would win In the National circuit. BEER PERKS UP T 100 Million in Taxes Paid Breweries of Land Buried With Orders General Trade Many Lines Better NEW YORK, April 8. (")The golden flow of beer swept In tonight washing million of doll am into gov ernment coffers, creating thousand of Jobs for the unemployed, and leav ing many a brewery vat empty. A survey of taxing offices in the 20 states and the District of Colum bia In which the new 3.3 brew was being sold Indicated more than $100, 000.000 has been collected by muni cipal, state and federal taxing bodies. The editor of Brewry Age estimat ed 1.000.000 to 1.500.000 barrels Of beer had been sold in the nation, with the federal government reaping close to, 7.500.000 in two days. From all sides came reports of a demand that exceeded either the supply or the ability of brewers to get containers to convey the neiv beverage to distributors and consum- s. There was scarcely a brewry In t4ia country keeping up with It orders. Some were so deep in the problem of oaiancing supply and demand, that telephones went unanswered and cus timers bombarded them by telegraph In pleading for delivery. Double and triple shifts were put to workSome plants decided to keep the wheels of their industry moving 24 hours Sunday. "More barrels, more ftottles." com manded the brewers, as they ran out of containers. Cooperages and glass works called In more men and went on double ahifts. In many a city the beer boom waa credited withl accelerating business-ln general. - " - mand for brewery trucks. ' man-.; for brewry truck The Chicago association of com merce said many stores were doin their best business since 1929. with steel, electric power, and railroad buying in the upturn. Beer advertising In 1 newspaper swelled the slse of papers.' Manufacturer and dealers ' In cheese.' refrigerators, pretzels, rye bresd and kindred lines reported Im proved business, while owners of cafes; hotels, restaurants and club watched the beer kegs roll In with brosd smiles. Among the estimates of new Job were these: Chlcsgo, 40.000: New York. 70.000: Los Angeles. 10.000: San Francisco. 7.000: Albany, Boston, and Minneapolis and St. Paul. 1,000 each. New York led the revenue parade., The amount of beer ready for move ment at midnight Thursday had been estimated at 400.000 barrels, which meant $2,000,000 for the federal gov ernment, and M00.000 for the state. New York City hsd collected about $200,000 from close to 17.000 Indi viduals and corporations receiving permlta to sell the new beer. - The boost the city revenue, the health department announced plan for a drive Monday among the 33.000 speskcasiee estimated by police to exist In the city, and among soft drink parlors, to see that all selling the a.3 beverage have license. Headlines here told of Manhattan racketeers losing their first round fo control of the liquor trade, with all "wildcat" breweries closed, bootleg ger halting operation and speakeasy owners rushing for city licenses. . AT YREKA TRIAL OF KILLER HALL YREKA. Calif., April 8. T The state rested it case today In. the trial of George Hall for the murder of Steve Kent, tte htghway patrol man, and Lester Quip ley. garage man,. Testimony of E. L. BiUltnger. Uni ted states customs Inseptor of Bel Ungham, Wash., who allegedly was kidnaped by Hall prior to the kill lngs. ended the prosecution's case. Ballinger testified he was kidnaped by Hall and a confederate named Clark: that Hall wanted to "bump , me off and leave me in the brush") but that on Clark's persuasion aban doned that plan and took the dia toms man 'for a ride" down th highway. The cuatoma agent Identified the pistol and ammunition as that used by Hall In shooting Kent and Qulg ley who were seeking to arrest Hall ' for th asserted kidnaping. . Spectator were restricted in num ber after Sheriff A. S. Calkins told the court the overcrowding waa caus ing plaster to crack in the room be Inw anil that th roiirt nouse wall apparently were showing the effects of the extra weight.
