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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (May 9, 1933)
edford Mail Tribune The Weather forecast: Unsettled, probably wit Ii showers tonirht and Wednesday Not much change In temperature. Highest jesterday 82 lowest this morning - 34 Paid-Up Circulation PeopI who pay for their newspapers are tha best prospects for ths adver tisers. A. B. O. circulation la paid up circulation. Thla newspaper la A. B. O. MEDFOKD, OREGON, TUESDAY, MAY 9, 1933. Twenty-eighth Year No. 41. JVl u u u M EWDEK 11 E 1 It I I J I Comment on the Day's News Br FRANK JENKINS. 1 sraNE OP THB 6PEAKERS at tb t J Rotary "optimism meeting." or which you read In this column yea terday, was Dick Hovey. ol Hovey at Walker, large owners of timber in the Klamath Basin. Dick, to this writer's knowledge, has been any thing but optimistic for the past couple of years. He has Just returned from an ex tensive, trip through the East, and he waa genuinely enthusiastic. That fact was clearly apparent as he spoke. His hearers sensed it plainly. ,JA0K EASTV'Ve said, "everybody D la for Roosevelt Republicans and Democrat alike. They feel that 1 at last somebody Is DOING SOME THING, and they are for him. "In hla efforts to revive business and put an end to the depression, Roosevelt has the country behind him." AND EVERYBODY back there, he added, bankers along with the net, la for the Inflation program. Perhaps those who are for It don't know Just what It means, but they are for It Just the same, for It looks like a way out of the murk of depres sion in which we have been wander ing so long and so almless'.y. f ET US PAUSE here to remark that very few of us. prooaoiy. Know much about Inflation. But some or us are beginning to figure out some of the ways In which it Is going to work. Wool growers, for example. A year ago wool was selling on the range In Oregon at around seven cents a pound. That meant that the wool orower who borrowed $100 borrowed the equivalent of about 1500 pounds of wool. Today wool Is selling at around 17 ' cents, which means that the wool grower can PAY BACK hla loan with about 600 pounds of wool. That looks oretty good to him, and so It's hard to convince him that Inflation Isn't a mighty fine thing. w TIMBER YARDS through the Mid li die West consuming territory, Mr. Hovey told his hesrers, are exceed ingly low on stocks, and while they are selling very little lumber at the present time any upturn In demand will mean that they must buy HEAVILY in order to fill In their de pleted stocks. This buying, whenever It comes, will mean business for the mills. rHEN will it come f W Well, Mr. Hovey noted particu larly the run-down condition or houses generally. They are badly out of repair. Their roofs are in bad condition. ' And they are dingy from lack of paint. When people begin to get a little money again, they will begin to repair their houses and repaint them. AND what la tnie of houses, he says. Is equally true of railroad equipment. The cars are battered and dingy. The ties are getting old. When the railroads begin to buy sgaln, they will have to buy a lot of paint and lumber. "As a matter of fact," he added. "It looks to me that paint ana lumber are two commodities that are almply bound to be in demand In the next few years. SO MUCH for lumber, In which we ere keenly Interested out In this country. But It Isnt the lumber market alone, according to Mr. Hovey. that Is fsclng shortages. "I was told by a big manufacturer of shirtings,' he aald, "that If every man In the coun try would buy only ONE shirt there wouldn't be enough shirting mate rial to go around and meet the de mand." TVO THINGS of the utmost im portance stand forth from Mr. Horey'a observation. One Is thst people over the country are beginning to get their confidence back. They hare faith In the coun try's new lesdershlp. They are look ing for Improvement believing, thst la. that things are going to get bet ter. Instead of worse. t And supplies of Important commo "dlties. Including lumber, are low. with t big dammed-up demand due to Hi fact that for more than three UQ w rs people have been DOING WITH ros. IT THINGS. 'ATTORNEYS LOSE HARD FIGHT TO BAR GUN, NOTE Loaded .38 Automatic Found I Covered Up On Cot Adds to Arsenal Found in Home Letter Held Threat WTTnwMP:. Ore.. Mav 9. (API As the state neared the end of Its testl- -nnnv r TllP.vlAV BftemOOn. the defense counsel Intimated It would ask for a recess Wednesday morning to give It time to prepare Its case in the trial of Mr. and Mrs. Llewellyn A. Banks. The judge will probably grant either a half-day recess Wednesday mnrnlntr or a full-dav recess, with court being resumed Thursday. EUGENE, Ore., May 9. (AP) A loaded .38 automatic, a supply of am munition and a heavy cartridge belt, plus a threatening letter written by Llewellyn A. Bunks to Chief McCredle of Medford, were admitted a evi dence by Judge Sklpworth Tuesday as the stste piled up Its testimony that Bank not only had stocked a large arsenal In hla home, but had openly threatened to use It. . The gun. which the state saya waa found covered up on a cot In the Banks house following the shooting of Constable George Prescott, makes the third weapon found In the home. The cartridges add to the formidable supply of ammunition which has been stacked on the clerk' table In the courtroom as the state ha stead ily added to It testimony that Pres cott was killed In a well-plotted "stand" against the law. Lawyers In Bitter Battle. The admission of the gun ad the letter, along with the ."death cart ridge" Identified as the one from which sped the 'shot that killed the officer, precipitated a bitter legal bat tle as court opened Tuesday and pre ceded the sharp personal clnsh be tween Ralph Moody, chief prosecutor, and Prank Lonergsn, chief of the de fense counsel.- After the Jury, msde up now of seven men and five women, filed from the courtroom. Judge Sklpworth heard arguments from both sides as to the admlssablllty of the evldenre. which according to state testimony, waa not found- in the Banks hom until 4 o'clock on the afternoon of the shooting. The .38 automatic, together with the ammunition and cartridge belt, was found under a woman's coat on a cot In the hall, according to Rodney Roach. stat policeman, who had ap peared on the stand late Monday. He had gone to the house with Officer Walter 8. Walker and they had found the weapon during the search. They had also searched the fireplace and found, burled in the ashes, the cart ridge Identified as the one with which Prescott was slain. Rule Admission. After hearing argumenta a to the admlssablllty of the evidence. Judge Sklpworth ruled that It be admitted. "Under the charge of first degree murder the state must show Intent, preparedness in premeditation," ruled Sklpworth. "While It is admitted the weapon was not the one used In the alleged killing. It still has a bearing on the purported preparedness for bsttle of the defendant." The same ruling waa applied to the letter allegedly written by Banks to the Medford police chief. This letter, a duplicate of the one written to Capt. Lee Bown of the state po lice, was not delivered until after the shooting. The two letters had been handed to Prescott lust before the bullet crashed Into his body. The let ters read: Refused Accept Arrest. "I have committed no crime. I refuse to submit to arrest on charges framed by the power Interests ana Medford's old gang. Any effort to srrest me will result In bloodshed snd probably my own death." The letters then continued saying Banks and his wife could sign bonds bscked by property worth a half-mil-llon dollars to guBrantoe his appear ance In court to answer the charges Following cross - examination of Rodney Roach, who had remained on the wltnes stand, his companion. Walter S. Walker, waa called. Walker substantiated Roach's story of the finding of the new evidence. Keith K. Ambrose, state policeman, and Charles Clause. ex-Aahland police chief, were the next witnesses. They testified concerning minor detslls of the ststo policemen's action In guard ing and searching the Banks home following the shooting. Clause admitted harboring ani mosity against Bsnks because "Banka wrote In his paper against us offi cers." EUGENE. May ft. ( AP) The state expects to complete examination of I witnesses by Wednesday evening In i the case of Llewelyn A. Bsnks, ex j Medford publisher, and his wife, Edith R. Banks, both charged with I first degree murder for the death of Constable George J. Prescott, It was announced by state attorneya today. Captain Lee Bown of the Medford police headquarters, officials con ducting the eutopr-y on Prescott body, and several other key witnesses ftra vet to be baud pia. Brothers Held r 2 w P'-ff irt . 1 1 Ij L t 11 '" r2& Tills Associated Press telephoto ahws Kenneth Buck (1eft and his brother Cyril at they were photoKraplird at Barmtuble, Mom., In connec tion wllh the kidnaping of Margaret McMarti, 10-year-old girl. Police said Kenneth confessed. Dramatic Developments , Come Thick and Fast in Murder Trial of Banks Testimony of Deputy Sheriff Lowd Is Strong Link in States. Chain Of Evidence Against Pair Br ARTHUR PERRY. EUGENE. May 8. Dramatic momenta came swiftly in the murder trial of L. A. Banks, former Medford orchardlst and publisher, and his wife, Edith Robertlne Banks, as four wltnessea come to the stand Monday after noon, and testified to threatful words and happenings In the Banks horn, Immediately following the slaying of Constable George J. Prescott, on the morning of March 16 lest. The best progress of sny day alnce the trial started was made. Philip B. lowd, deputy aherlff and former political protege of Banka. gave damaging evidence against htm. With Captain Bown of the state po lice. Lowd testified, he had gone to the Banks home on the murder morn ing. There, on the porch, he saw the body of Constable Prescott. He helped Deputy Coroner Harold Brown place It In a carry-casket. Then on the door mat of the Banks home he saw two envelopes, one addressed to Captain Bown. whose attention he attracted to them. Captain Bown picked them up. Lowd testified, as Mrs. Banks opened the door. Olad It Wasn't Lowd. Aa Captain Bown and Lowd entered the Banks home they saw Banks. wMrlnor an overcoat, and with nis Hands In Its pockets, stsndtng In the dining room. Mrs. Banks, the witness testified, said, when he entered: "My God, Phil! I'm glad It wasn't you I" They spprosched Banks, as he stood In the dining room. Banks ssked, "Is this Captain Bown?" and shook hsnds with him, and then said "Hello, Phil!" "I asked him, 'Have you a gun in your pocket.' " the witness said. "Mr. Bsnks replied. 'No. It I had I might be tempted to use It!'" Banks was then escorted by Csp tsln Bown and Lowd to a waiting auto and whisked away to the Josephine county all In Grant Pass. Just be yond the city limits of Medford. the wttness testified, he ssked Banks, "how many shot did you fire?" and Banks replied "one." Banks said he (Continued on Page Pour) Smudge rot Take Best. To subscribers who have In quired about the absence of Smudge Pot. the past 10 days, this absence Is only temporary. When "Smudge Pot" Perry returns from E.igene where he Is covering the Banks trlsl. the popular colyum will be resumed, and no doubt Im proved by the enforced rest and bsence of Its pilot snd originator. I LOS ANGELES. Msy 8 (AP) A distinct esrth shock was felt here t 1:04 p. m. It lasted about five sec onds, but was not strong enough, ap- I parent!?, to do damage. in Kidnaping FEHL SEES BANKS T T EUGENE, May 9. County Judge Earl H. Fehl spent Sunday afternoon In Eugene, visited L. A. Banka In the county Jail, and spent a short time with defense witnesses and members of the "good government congress," here for the murder trial. Judge Fehl arrived by auto, and left late Sunday for Salem, on official business, and expects to stop here on his return Tuesday or Wednesday. Rain fell intermittently all day Sunday, and the Jury remained In their hotel under the eyes of a man and woman bailiff. They are not allowed to read news papers, or have contacts of any na ture. The woman bailiff telephone each day to their homes, so the wom en Jurors can have word of what la going on In their homes. Among the Medford people who ar rived Monday to attend the trial were Mrs. Robert R. Hammond and Mra. Glen Pabrick of Medford. They were on their way home from Portland, and left for Medford Monday after noon. YEAR OF HEALTH LBE . Another year of good health will be celebrated In all Medford schools Prldsy afternoon, when health honor roll programs are held and pins and banners presented the wlnnera. To whom the health cup will be presented has not been revealed and much Interest In Its future locstlon has been expressed by each school group. Programs will be held at 3 o'clock In each school and Coach Darwin K Burgher and Dr. E. W. Durno will be among speakers of the day. EDUCATION BUDGET SLICED TO E IS APPROVED Six Institutions of State to Operate On $2,278,788 Next Year $4,750,000 Needed in Boom Days PORTLAND. May 9. (AP) It budget balanced, higher education in! Oregon la moving forward into an other year with total unrestricted In come from all source amounting to 2,369,068 for the 1933-34 period. The estimated requirements on the basts of the budget adopted are $3. 378.788 and the six Institutions of higher learning In the state will be operated on this basis for the year beginning July 1. next. The $2,378,788 budgeted for thla year compares, with the $4,760,000 spent annually In the boom period from 1020 to 1030. Members of the board of higher education approved the budget late yesterday on substantially the same basis submitted by Chancellor W. J. Kerr. There was no conflict of opin ion on consequential Issues. AU board members were present, except Mrs. Cornelia Marvin Pierce who la in Washington. D. C!, with her husband. Representative Pierce. Some Items Uncertain. E. C. Summons, chairman of the finance committee of the board, aald It waa necessary to estimate some items because of uncertainty aa $o exact receipts from taxes or student fees. He added that "we have In serted a $90,000 'bumper Item In an effort to take up whatever slack may develop.' He added, however, that "we believe we have met the emer gency In the best way possible and we are trusting that full co-operation all the way around will bring us through." The board approved centralisation of agricultural work at Oregon State College, appropriated' $5000 for mu nicipal research at University of Ore gon, and retained radio station KOAC at the etate college, although cutting the allowance for tha work more than one-third. Summer Schools In. i After a period of some uncertainty aa to the fate of the summer schools. the board Included these schools in the budget, and summer classes will be held aa usual at Eugene. Corvallls and Portland, with a post session at j Eugene. The work will depend mainly on student fees, however, sine the Income waa considerably reduced. With normal schools on a four tem basis summer work waa never endangered there as It la a regu lar part of their Instruction year. .The state salary reduction will be applied to the actual monthly sala ries earned by those under the Juris diction of the education board, It was decided, regardless of the source from which the money comes. E BARNSTABLE. Mass., May 0. P) Kenneth Buck, alleged kidnaper of Peggy MoMath, today exonerated nls brother Cprll. also under arrest for the crime, of any part in the abduc tion. In a sworn statement made In Jail, whether both men are held awaltin a hearing May 22. Kenneth told Police Chief Hall of Harwich that he alone was to blame and reaponslble for the erime. Hall aatd Kenneth declared that he could "Implicate no other person .' The announcement of Kenneth 'a statement was made by Chinf Hnll after a conference which lasted two hour slid a half. Meanwhile, CyTll Buck dleclosed to Jamea T. Klernan. a lawyer, that on two occasion he tried to induce Nell MdMath. father of the kidnaped child to inform police that he was In touch with the kidnapers. MoMath. anx- loua for the return of his child, re fused. WHOLESALE YOUNG WORRY JAPANESE TOKYO, May 9. (AP) Because 58 girls and young man have committed suicide since February 11 at Mount Mlhara on Oshlma Island, 60 mllee southwest of Tokyo, the Oshlma po lice have asked the home office for reinforcements. The normal staff of 12 pollnen has kept scores of other persona from taking their own lives, but effective patrol of the huge volcano la impos sible. The Craters sheer sides are more than a thoussnd feet deep and the bottom Is always hidden In flames and vapor. The bodlos of tbOM who E FOR PROFIT Lower Branch Stands With President Against Amend mentSenate Action Due Wednesday As Last Step WASHINGTON, May 9 ( AP) The house today rejected the Norrts Slmpson cost -of production amend ment to the farm bill. The house stood squarely by the administration, approving the rest of the measure and putting It up to the senate where quick agreement waa expected. The senate action, due tomorrow, will be the last step necessary to send the bill to President Roosevelt for signature, unless present indications are reversed and the senators decide to hold out for the Norrls-Slmpson clause, which seeks to guaranteo cost of production and a reasonable profit to the farmer. The house stand waa voted after the members adopted a rule offered by the democratic leaders to prevent republican opponents from making further technical delays. Only yes terday they had blocked the vote by making a point of order against a change In the bill made by the con ferees. Today's rule forbade any more points of order. FEHL'S PRINTING PLANT REMOVED BY LEGAL OWNER Upon a replevin action filed In olroult court today, all the machinery and equipment belonging to Nleder meyer, Inc.. In the office of the Pa cific Record-Herald waa moved out of the Fehl building today. The machinery and equipment of the Pacific Record-Herald came Into the possession of Nledenneyer, Inc.. upon a mortgsge foreolosure recently granted the Nledermeyera against the Fehl Pruning compsny. but has been used by Pehl since Pehl moved his psper from the Medford Dal.y News plant back to Its old location on West Sixth atreet. When the Pa- olflo Record-Herald building was seised by Roy Parr last July, upon a damage action. Fehl moved his pa per to the Medford Dally News plant, then In the possession of L. A. Banka. When the Medford Dally Nowa plant was taken back on a mortgage by the old News Publishing company, Fehl moved back, and has since pub lished hla paper on the Nledermeyer machinery and equipment. Fehl could not be reached today, as he had gone to Eugene to confer with I. A. Banks, who Is on trial for his life for the killing of Con stable George Prescott. Msny of Fehl's chief supporters and follow ers. all members of the Good Gov ernment Congress, are also In Eir gene attending the trial. Nledermeyer contended, In the complaint for possession In the prop erty which he filed yesterday, that by an agreement entered into Marcn 1, 1933, Fehl had agreed to pay 20 a week rental on the property. The complaint further alleged that the $20 a week rental has not been paid. The property, the complaint stated. la valued at S1500. and further that the Nledermeyer corporation hae been damaged to the extent of I00 by Fehl's wrongful dtention of the prop erty. Possession of the property wss demanded on May 3. the complaint stated, and Fehl refused to deliver the property to Nledermeyer, thre bT retaining It wrongfully since Msy 18. Fehl 1 expected to eounterclslm with the contention that Nledermeyer owed Fehl money for rental, aa the printing equipment was kept In the Fehl building between the time Fehl reclaimed the building, at a mort gage aale. and the time he started using the Nledermeyer equipment. Fehl has three dsys in which he can file a re-entry bond, and regain possession of the property. SUICIDE BY Jump to their death never are seen sgsln. The sensational death of a school girl February 11 brought Mlhsra Into the limelight and It became the fa vorite suicide spot of the lovelorn and the life weary. Six youths Jumped Into the Crater last Sunday. AU the recent victims were under 28 years of age, the ma jority In their teens. .Japan', suicide rate Is high. The besutlful Kegon waterfalls nesr Nl koo used to be the fsvorlte spjt for persons desiring to die. They went there from all parts of tha country. BASEBALL National. R. H. E. Pittsburg 0 3 1 Boston 7 15 0 Bntterles: Hoyt, Smith. Chagnon and Grace: Frankhouse and Spohrer. American New York at Chicago, Boston at Cleveland. Philadelphia at Detroit, postponed; cold and wet grounds. NntlonnI Chicago at Brooklyn postponed, cold. STATE, DEFENSE E AS TRIAL DRAGS ON (By Arthur Perry.) EUQBNE, May 9. Continued low progress was made at .the Monday morniiur session of trial of L. A. Banks, former editor and publisher, and his wife, Edith Robertlne Banks, charged with first degree murder for the slaying of Constable George J Prescott. en March 10, last. Testimony of Stato Police Detective Sergeant C. A. Warren, under defense cross-examination, was completed, and the direct examination finish and the cross-examination of State Police Detective 8ergeant A. K. Lum den started. During the Monday morning ses- slon. both the state and the defense scored. The "Mother and Daaay note, found In a coat pocket In the Banka home, and alleged to contain a warning, was denied admission as evidence, temporarily, by a ruling of the court. Assistant Attorney-Gen eral Moody aald "It's materiality will be developed, when It would be. re Introduced." The court overruled the Introduction of the note because Its authorship had not been fully es tablished. The court. In msklng the ruling, read an Oregon state supreme court decision, holding that arter the com mission of a crime, police officers have the legal right to searoh a home for evidence. The defense, by Its line of questioning, hsd bsen Infer ring that the offlcera were not within their right In searching the Banks home following Mie murder. The court also ruled that state ments attributed to Mrs. Banks wore applicable only to her. and not bind ing upon the Defendant Bsnks. when he waa not present. Sergeant Lumsden testified tnac when, with Sergeant O'Brien, Lieut. Alex Dunn and Charlotte De-Ford of Tillamook, he was In the Banks home, following the killing. Mrs. Bsnks waa "cool, calm, deliberate and defiant," and had ssld: From the state and defense exam ination of Sergeant Lumsden, It waa shown that Mrs. Banks, when the state police and other officers ar rived, resented their entry, and was (Continued on Page Four) REACHES70 FEET The heaviest snowfall recorded In the history of Crater Lake was an nounced today by the National Par service for this season. The total measurement up to Ma; 8 was 70 feet. 5 Inches. Last year's total was 60 feet, 8 Inches. Of this fall there remain on the ground 12 feet of anow at Govern ment Camp and other measurements at the varloua locations, correspond ingly deep. Four Inches of snow fell at Union Creek yeaterday and travel Into the national forest Is discour sged. Entrsnce to Crater Lake Is blocked by the heavy Msy snowfsll, but workmen are busy with plans for an Immediate reopening of the roads. - . CITY NECESSARY Arrests and court action will be necessary In cases of owners whose dogs are running loose within tne city limits, according to local office. vhA received two Comntalnta tills morning. A city ordinsnoe provides tnat a or a oe ciea up uurjii months of May, June and July. C. J. Hardman of 809 South New town reported to officers this morn ing thst one of hi cows hsd been badly chewed up by a dog last night. Bill Relnhsrt of 203 Elm street also filed a complaint, atatlng that dogs wer ruining his garden. ATTEMPT DYNAMITING SAVANNAH CITY HALL SAVANNAH. Oa Msy 9. (AP) An effort was made to blow up the city hall today with dynamite. Eight sticks of dynamite with fuse at- tsched and lighted were found by a visitor. i i iSii" WHEN M'DONALD UNABLE DELIVER Diplomatic Smiles Come Hard As Developments Abroad Lower Hope of Economic, Arms Confab (Copyrighted by McClure Newspaper syndicate) By Paul Mallon. WASHINGTON. Mav a Mr .. velt Is mansslnir to keen im usual diplomatic smiles with consid erable effort. Frankly he la worried and Irritated by developments abroad. So la hla secretary of state. Their hopes for the Economic and Disarm ament, conierence have never been lower. Annarentlv Premie,. u,nrvn,u i. oven less a power In Britain than iney tnougnt. While here he must have been talking more for Ramsay than for England. He not only failed to deliver on anything but he could not even atop the fruitless English ugnr, against the dollar. That WBB One thin? nil. hlcrheaf. rV. flclals privately thought he could do. The one lnslds fear m hs4 In n. Inglng off the gold standard was flKht With the British ni- fn. lar. A fight like that becomes a race for the bottom. It cannot do anyone good. Both sides merely see whloh can depreciate their currencies most. o .r. m neiurr anape for that than the British. They cannot get rich fltrhtlnar the dollar. Tt win them plenty. Trebling their currency immwun iuna is only a ararter. Wo do not have such a fund and do not need It because wo have 'the gold. The fact that MacDonald waehed out on the tariff trues leave. mn boya akeptlcal whether they will even go silver wnen tne June fl debt payment come due. He certainly left the Impression here that they would pay. They hav " sevonty-four million In silver coming irom jnais ror tnat purpose. - - -c The RrltlMh mrArnmint .m.-.w.. lain, Runclman and Baldwin) appar ently has a different Idea. They may be for trading purpose. These COnclllntnrv mnmi Vrinu tm making do not mean aha la eettlnr big-hearted. Our officials realise she did not (Continued on Page Eight) I. SCOTT PORTLAND. Ore., May 9.(AP) John M. Scott, 68, former iwaiatent passenger manager of Southern Pa cific llnea In Oregon, died here loet night. He retired In 1038. Before coming to Oregon In 1900 he wax. chief passenger cleric In Chicago for the Union Pacific and Southern Pa cific systems which later were sepa rated by supreme court order. Scott waa born In Inverness, Scot land, and when he was 15 years old got his first Job as a printer on the Inverness Courier at A shillings week. Hla first railroad Job was on the Highland Railway In Scotland. He worked as a ticket clerk. Mr. Scott was well known In thla city, where he wu a member of the University club, and a prominent participant In social and business affairs for many years. WILL ROGER? 'Says: NEW YORK, May 8. Now our president has been going along mighty nice and our con fess, both Democratic and Republican, have been decent beyond all expectations. They have given him every power from mayhem to manslaughter, but if he starts asking for the sole and exclusive right to deal with this debt thing he is go ing to ride his horse under ths first limb he has hit. These debts have become im bedded into 'the people's minds like religion has, and any time you come out on either side (just like arguing religion) you are going to lose and change nobody's opinion. Ypurs, tfCu fa?"- mr!-' Kkttnu3 on Pg Cour), So. .