SrRDFOTiT) MAIL TBIBTINE, MEDFORD, OREGON, STCTOAY, APRIL 9, 1933.
KESE TEN -
PLEAS, MOTIONS
DUE MONDAY IN
VOTE THEFT CASES
Feh! Ready for Trial When
, New Judge Named Says
- Attorney Enright Preju
dice Claims to Be Aired
"Any time the stats get Judge
down here, besides Judge Duncan,
E.rl Fehl 1. ready to go to trial," At
torney T. J. Enright. chief counsel
for the county Judge, indicted with
other, lor ballot theft ssld e.te.
dy afternoon. Attorney Bnrlght slso
..Id that rvmV motion to quash the
"mctment ould bo withdrawn II .
ew Judge aligned and n
.ted th-t any delay rested with We
atate "We are ready to try the case
iny ilm. the .t.te Is, but before
"hTwaWer Jones, mayor of Rogue
i.Jr lohn Olenn, former Jailer, and
Jilhur La Dieu. all Indicted Jointly
bi?otU.Wing and de.truc
IZ a week and ten day. ago filed
i fMavirof prejudice aga.n.t ClrcuU
judge W. M. Duncan. The matter Is
due for argument Monday morning.
ThftTdealre. that all the bal
lot theft eata be tried by one Judge,
and asks that the aff id.v Us of P eju
H. collective instead 01 inai
t If each defendant .houW fli.
tie two affidavit, of Prejudice al
' lowed by law. In a .hort time nearly
STth. judges in the .tate would be
;i.qu.lfled:nd the trial delayed for
"wTth ihe aettlement of the prejudice
affidavit., rchl. Jonea and La Dleu
will have a date et for Pledln;
Olenn entered a plea of no guilty
week ago. a. did Virgil EddlngWn
Sheriff 6chermerhorn
to enter a plea Monday. It Is for
Eaied that he will file PJudlee
Irtidavlt. Judge Duncan returned the
i.. .,,.. of the aouth end
if the county and former Alameda
nounty. California, resident, who
-i.i.ri t "Oonirress" meeting., 10
1m a "personal friend of President
jtooeevelt of 35 years' standing Is
also .cheduled to enter a plea Mon
day Oliver Martin and Joseph Crort
will also plead. All three are al
leged to have enacted leading roles
in the plotting and theft of the bal
lot. Oroft U said to have come to
this city a short time before the
"revolution," and to have taken an
m.rtin formerly wee
resident of Klamath Palls, but has
lived here several years.
No formal action has been takon
against threo of the men Indicted. L.
A. Banks 1 facing a first degree
murder charge, E. A. Fleming Is held
In Jail awaiting further grand Jury
action, and Claude Ward, a brother-in-law
of Bank., has been ill. delay
ing his arrest ;
Bight of those Indicted lor ballot
thefts have entered pleas of guilty.
They are Wesley McKlttrlck, James
p. daddy, Earl Bryant, C. Jean Con
ner. O. W. Davis, R. O. Cummtngs,
Wilbur Sexton and his brother, Bur
ley. Authorities refuse to deny or
eonflrm the report that others arc
scheduled to enter guilty pleas, but
lnt that more arrests are scheduled.
1ACK1MTHY TO
FIGHT WEDNESDAY
' Mends of Jack McCarthy, Medford
toner, will be glad for the oppor
tunity of seeing him In main-event
Wednesday evening at Vie local arm
ory, in a four-round match with
Roman Street, colored heavyweight
from Salt Lake City, according to
announcement by Promoter Mack
Llllard.
ti. nKMiiminnHitji will Include three
four-round fights, with Tony Ortl.
of Klamath Falls and Jlmmlo Com
pagne of Chlloquln furnishing the
. four rounds for the seml-wlndup.
Tom Thumb Play
Pleases Audiences
A lovely bit of pageantry, pro
duced by bright-eyed children, w.hoee
cheeks took on additional color as
they assumed the roles of their en
vied elders, was enjoyed Friday eve
ning by an appreciative audience,
attending the Tom Thumb wedding
at the Methodist Episcopal church.
Fifty children appeared as guests
or member, of the wedding party as
the strains of the wedding march
were played for the marriage of Ann
Conroy, the blushing bride, and Carl
Burk. George Codding Jr., acted as
the very solemn minister.
The work of all tin children and
the director, Mr.. A. F. Hauser, who
ha. had much experience in chll
dren'a productions, inspired the sin
cere praise of all present.
SAVE
your health and teetb. At
these prices you can afford to
bava your dental work done
now.
Extractions as low as , t .50
Sliver Fillings as loo as 1.00
Cement Fillings as low as. 1.00
Porcelain FUllngs as low as 1.00
Gold Crown, as low as 6.00
nates as low as 16.00
DR. R. D. 00E
404 Medford Center Bid.
Phone 340
BANKS AND MATE
TO ENTER PLEAS TO
L. A. Banks), agitator, former edi
tor and orchardist, and hi wife, Edith
R. Banks, lolntlv indicted on a. first
degree murder charge, for the Blay-
mg of Constable George J. Prescott,
on the morning of Thursday, March
16, at the Banks home, while in the
performance of official duty, will en
tor rrf not ollllr.tf in ninnii
court Monday morning, (or whenever
vuvuiv uuuge w. m. iuncan Ol
Klamath county arrives that day. At
torney T. J. Enright of the defense
counsel has announced not guilty
pleas would be entered by both.
JOAnh Tj. Hammrlntr nf Vnrt.
land, another of Banks' counsel will
oe in court Monday, at the arraign
ment as will Attornev W rc. Ph
of this city, also retained by the dc-
What further legal steps they
would Interpose, If any, at tho ar
raignment, was not hinted by the
defense counsel.
It is forecast that fchw win ...
30 days time, In which to make ready
jot inai.
Whethor Banks mnA H..
be tried separately, or together has
accmea. 'I'ney nave the right
to demand separate trials.
No definite mnoiinwmMnt i ...
forthcoming from the defense coun-
- w tne une or defense to
be emnloved. nennrh fM ti.. .........
house say that Banks wants to plead
w. ur,CJ)DV, na aeiense or his cas
tle," and that hi. counsel favor, a
"not guilty by reason of Insanity
plea."
Banks was reported yesterday as
ImprOVlniT from a .tlirht MM .... ....
throat, and In a cheerful frame of
I1UI1U.
Mrs. Banks AafctitviaiT
Joyed a visit from a woman friend,
who brought homemade candy, and
other dainties to the county Jail.
Offlolala vesterrinv
wild canard was circulating tn the
b,i0 oanas lost 910,000
In diamonds." affr t.h t
was branded as maliciously false and
luuiunb .n nour etapsed be
tween the slaying of Prescott, and
the arrest of Banks and Mrs. Banks
alone In the house. Coroner Perl was
then placed In charge of the house,
and a nlrht and d&v vtmn-.
eatabllahcd. Admission wss denied to
me curious, who sought to Inspect
the house. BmnltwoM nt n.nv.
also denied admission. The ' grand
jury visitea tne nous, before return
ing the first degree murder Indict
ments. Til. Sensation.! rilamnnri A
claim was characterised as Just "an
umcr rumor.
BASEBALL
TODAY. HIGH FIELD
Bata will crack today In a clash
between Hoosier Hof lard's Eagle
Point Cheese makers and Ooorge
Sowers' Medford Merchants for the
benefit of the Prescott Memorial
Trust Pund, at the Senior .high
school diamond. The game, which Is
called for 2:30 p. m., Is sponsored
by tho Elks club, American Legion
and I. O. O. P.
Hoffard has organized a team In
cluding much of the available dia
mond talent of the region while
Sowers will depend on some of the
old stand-bys of the city with a
number of high school stars,
The tentative line-ups:
MEDPORO
Swanson
Stein
Williams
. Harrington
Robinson
Christian
Harrington
EAGLE POINT
Conlln " ' lb
Lalng as
Hoffard cf
Butler 3b
Purvis rf
P. Montgomery 2b
D. Montgomery If
Con aster o
Cook p
T,he Medford outfit expected to use
suits loaned by the Jacksonville team
but as Jacksonville haa called In all
their suits Manager Sowers of the
Medford Merchant request that
anyone having baseball suits get In
touch with him before one o'clock
today.
1
BASEBALL
Yesterday's Results
SAN FRANCISCO. April 8. (API
Doubles by Demnggio and Mclsaao
and a single by Stewart in the eighth
won the Seals a baseball game from
Portland today 11 to 10. . The con
centrated hitting drove In five runs
which pulled the Seals from far be
hind. Stutz was credited with the
victory.
R. H. B.
Portland ..... 10 14 1
San Francisco 11 14 1
Batteries: Jacobs, Cohen, Slmonl
and Halmlsano; Douglas, Powers,
StutB and Slnlbaldl, Mclsaac.
R. H. E.
Hollywood 7 9 3
Sacramento - 10 16 1
Batteries: Donahue and Bnssler:
Flynn and Woodall.
R H. B.
Missions 4 8 0
Oakland . - 6 13 1
Batteries: Johnson and Fltzpat
rick: Joiner, Ludolph and Veltman.
An Instant, accurate credit report
may be obtained from the Southern
Oregon Credit Bureau while your cus
tomer . waits.
IN JURY'S HANDS;
RACE HATE BOILS
DBOATOR, Ala., April 8. ff")
The Scotteboro case tonight was in
the hands of a Jury charged by an
Alabama Judge to Ignore race and
color and state lines In its delibera
tion of evidence against a negro boy
accused of assaulting a white girl
hobo.
While the Juror, deliberated the
case of Heywood Patterson, first of
seven negroes to face retrial. Judge
James E. Horton. granted severances
to the other defendants. Charlie
Weems' case waa set for April 17,
and counsel entered a plea of not
guilty for him.
- The -courtroom was startled when
a defense attorney told Judge Hor
ton that flaming crosses burned on
Alabama hills last night.
Joseph" R. Brodsky of New York,
who -helped defend Patterson, said
the crosses were burned In Huntsvllle
snd Scotteboro,
He said he had received threats
against his life since Solicitor Wade
Wright of Decatur "made his speech
In this courtroom against my race."
. Wright said yesterday that defense
testimony was "bought with Jew
money." .
Samuel Lelbowltz of New York,
chief of defense counsel, who volun
teered his services. Joined Brodsky In
a statement that he had been told
"only lntraventlon of the national
guard prevened a mob of 300 from
entering Decatur the other night."
The attorney's dramatic announce
ment about the fiery crosses came a
few hours afer the Judge instructed
the Jury that color, creed and race
must not be considered in Its deliberations.
L
TAKEN BY THIEF
City police were Saturday search
ing for two Spencer microscopes and
seven hand lenses, stolen from the
biology department of the senior
high school Friday night or early
Saturday morning. A microscope,
with a different serial number than
tho6e reported to officers, was found
by them near the Pinnacle Packing
house on South Fir street.
The Junior high school building
on West Second street was entered
by way of a rear door, and the
young man who sleeps .at the Dally
paint shop reported to police Sat
urday morning that two men enter
ed the shop and dived out the win-
Every Day
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W. M. Cope
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Ever-Shady
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So. Paolfio Highway
Carter's Service Station
Boulevard and Shorman, Ashland
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Ton cannot afford NOT to ue PVROILt
MEDFORD OIL DEPO
207 South Riverside Front Sanderson Motor Co.
CHRIS W0LFP Phone 1385 FRANK HULL
dow when they saw him. One, he
said waa tall, and the other short.
Nothing was reported missing Irom
tihe Junior high school.
The two were seen In the paint
shop about 4 :30 o'clock Saturday
morning, ofllcers were told.
!
CHICAGO, April 8. The hi
jacking of a legal beer shipment from
Milwaukee tonight gave Chicago area
police their second case of violence
to investigate since the legalization
the the brew. .
The shipment, 400 cases, was re
ported by county highway police to
have been seized by four gunmen
north of here. The driver later was
released. Police were uncertain wheth
er It was an attempt to keep Mil
waukee beer out of the city or Just
thievery.
Early today a bomb exploded at the
Prima company's brewery plant tn
the city. State's Attorney Thomas J.
Courtney said he considered the
bombing a direct challenge to his
promise to keep terrorism out of the
leixalized industry and promised a
thorough investigation..
ROCHESTER, N. Y., April 8. P)
A scries of attacks by independent
milk producers of the Rochester area
on shipments of the dairyman's leag
ue was climaxed today by the en
trance of several other producers
organizations into the fight for bet
ter milk prices.
The most serious clash of the day
was at Webster's crossing, near Li
vonia, between 200 strikers .and a
squad of state police escorting a flet
of dairymen's league trucks.
Before the trucks were cleared of
the strikers and the cargo on Its way
to Rochester unharmed, one trooper
had been sent to the hospital with an
arm Injury and a dozen farmers were
nursing cuts and bruises.
Jews restered
BERLIN, April 8. (AP) The
principle that Germany shall be gov
erned and administered only by
Aryans,. and the definition that any
person having one Jewish grandpar
ent is a Jew, were formally estab
lished In German law today. .
F. D. To Woods
WASHINGTON, April 8 (AP)
The Rapldan, Vs., fishing camp of
Herbert Hoover In the Blue Rtdge
mountains will be visited for the
first time tomorrow by president and
Mrs. Roosevelt, , , .
UP SHERIFF DUTY
(Continued from Page One.)
Wesley. MoKlttrlck, indicted for bal
lot theft. It was testified they told
him: "We are going over to the court
house, to get some liquor and, may
be some ballots that won't make
you and Schermerhorn mad." Lowd
also testified that Banks had threat
ened to kill him, "If you try to take
me out of my house, on a warrant."'
It was also authentically reported
that Fred Kelly, would continue as
chief Jail officer, and yiat Miss Olga
Anderson would remain as chief of
fice deputy, a position she has ef
ficiently held for ten years.
One of the first official acts of the
hew sheriff will be to call In all spe-.
clal deputy stars for checking, and,
all keys to the county Jail, for th
same purpose. Tho sheriff, under the
law la responsible for the acts of the
deputies, and safekeeping of the keys.
Arrangements have been completed
for the providing of $40,000 bonds for
Olmscheld, as required Tor all sher
iffs, $30,000 of this amount covers
conduct of the tax-collecting depart
ment: the remaining $10,000 for the
conduct of the sheriff's office.
Bond Prrparrd
Olmscheld. following the adminis
tering of .the oath of office, will take
charge. For the 90-day term, to which
he Is appointed, he will receive pay
on the same basis as the sheriff
$2400 per year. Under Oregon law.
Schermerhorn will also receive pay.
At the end of the . suspension period
he will automatically return to of
fice, If cleared of charges against
him. The Governor can extend the
period of suspension, at his discre
tion, or If circumstances require.
. 0.. T. Haines, auditor engaged In
making an audit of county books,
was engaged yesterday In compiling
an audit of the affairs of the sheriff's
office, up to last night, preparatory o
the official turnover Monday morn
ing. Frank 3. Newman, attorney for
Schermerhorn, said yesterday after
noon, that any further legal action,
would be taken Monday morning,
when the suspended sheriff Is sched
uled to enter a1 plea to the ballot
theft Indictment against him.
Schermerehorn, for nealy 40 years
a resident of this county, and well-
known among the older residents, was
elected sheriff by a majority of 123
votes on the face of the official
count. Almost from the Issuance of
the certificate of election he was be
set by tempestuous political winds.
Following the fining of a recount
petition he absented himself in Cali
fornia for a month to ostensibly
evade service. His appointments were
a thorn In the side of the Democrat
ic party, and later It was revealed
they were made at the behest of
County Judge Fehl, and L- A. Banks
with whom he aligned. The climax
came with his arrest and Indictment
for ballot theft, and suspension on
findings adduced by a circuit Judge
at ouster proceedings. Old friends de
clare his troubles are due, largely to
following the advice of political rack
eteers, Instead of tried and true
friends of many years.
4
The Weather
Oregon: Partly cloudy Sunday and
Monday with slowly rising -temperature:
gentle to moderate changeable
winds offshlre.
CUP FARM BILL
IP.
WASHINGTON, April 8. (AP) A
powerful effort to rip apart the
broad powers sought for Secretary
Wallace In the administration farm
bill was planned tonight by senate
Republican stalwarts, but Democratic
leaders were confident of repulsing
the threat.
A substitute plan was drafted by
a special Republican committee un
der Senator Carey (R. Wyo.), and
will be offered on the floor when
the senate resumes the farm debate
next week.
Instead of handing Wallace ample
authority to use any of several plans
for restoring the 1000-1914 farm
price level, the Republican substi
tute proposes leasing cotton and
grain lands to cut production. Form
er Secretary Hyde outlined thi
method Just before leaving office.
JlSERVICElflik
a C MEASURED LPTVSw D f JL
MEMBER. THE ORDER giDW0F THE GOLDEN RUL6
A
That Day of Days
Easter Sunday Is the day of days for
Christians, for Easter celebrates the Resur
rection, and points .that dearest of all
promises: that though a man die, he shall
live again.
The true significance of the day emerges
from the showing of -new bonnets and
frocks, from eggs and bunnies, like a
pillar of light showing the way to peace
and understanding.
PERL FUNERAL HOME
JWoAtiticinA
OFFICE OF COUNTY CORONER.
C SIXTH AT OAKDALE -PHONE. 47
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