Medford mail tribune., May 16, 1933, Page 1, Image 1

lTrib
The Weather
Forecast: showers tonight and Wed
nesday. Not much change In tem
perature. Highest yesterday ., 59
Lowest this mornhiy. ..... . 41
A growing circulation
The circulation of the Mail Tribune
Is (rowing rapidly. Hundreds of new
readers have been added In the past
few months, paid-up circulation Is
the kind that pays Ad. dividends. .
Twenty-eighth Year
MEDFOKI), OREGON, TUESDAY, MAY 16, 1933.
No. 47.
M
n i si ! i i
i I 1
PLANS FOR CRIME
R
on Nations Throw Down Arms
TYAT
ooseve
Medford
Mai
une
BARKS'
mm
87 H
LI UU I J I, W
t Cal s
E
EIS
i
Doctor Says Slayer Not In
sane Before Or After Deed
Wife Tells Story of
- Tragedy Is Confused
EUGENE. Ore., May 16 (AP- The
defense having rested Its case In the
trial of Mr. and Mrs. Llewellyn A.
Banks at 1:38 o'clock this afternoon,
the state began Its rebuttal testi
mony. Ralph Moody, chief prosecutor,
called several witnesses to the stand
who brutally mutilated the defense
testimony of yesterday. Prom Ed
Walker, state policeman with the
game division, came a denial that he
had ever threatened Banks life.
Clyde Warren, state trooper who
'stood outside the Banks home before
and after the shooting, denied that
anyone had entered the house until
the officers came.
George R. Carter, county clerk,
testified the ballot theft indictments
were not returned until 5:30 o'clock
on the afternoon preceding the trag
edy, whereas a woman witness had
testified Prescott had a warrant for
Banks' arrest at 3:30 and had threat
ened the publisher's life.
Sam Carey, advertising solicitor,
testified that Abner Cox was In the
News office In the Pacific Record
Herald building at the time of the
tragedy and received a phone call
from Mrs. Banks there. Cox claimed
to be an eye witness to the tragedy,
while Mrs. Banks had denied tele
phoning anyone except the sheriff's
office.
Court officials expect the case to
go to the Jury by Thursday evening.
EUGENE, Ore., May 16. (AP)
Llewellyn A. Banks. Medford pub
lisher, was the victim of "transitory
mania, otherwise known as com
pulsory or Impulsive mania, or mental
confusion" at the time he killed
George J. Prescott, Medford con
stable. This was the testimony of Dr. S. E.
Josephl, Portland alienist, who took
the stand for' the defense Tuesday
morning In the Banks trial here. His
appearance followed that of Mrs.
Edith H. Banks, who told her own
brief but graphic story of the killing.
Not Responsible.
Josephl testified that he has ob
served Bsnks and listened to hla tes
timony and that the ex-publisher was
"not responsible for his actions" at
the time of the shooting.
Josephl said Banks was confused
as a result of "very disturbing cir
cumstances, his mind was broken
down from fear and worry, and at
the time of the shooting, over a pe
riod of time ranging from a fw mo
ment to several minutes, he was not
responsible."
Sane Before and After.
"1 do not think he Is Insane now.
I do not think he was Insane before
the tragedy. But from the evidence
I think this man was a victim of
such a degree of mental confusion as
to render him Irresponsible," Josephl
esld.
Ralph Mondy, chief prose
cutor, demanded to know of the
expert If a man In Banks' clrcum
stance and mental condition
would have planned the shoot
ing In advance, written letters
threatening Woodshed, laid out
a rllle ready for use and been
prepared to commit a murder
"during a moment of temporary
Insanity when he was not re
sponsible." The alienist admitted
such a man would not.
Her Story Brief.
Mrs. Banks' story was brief as she
told of doing her housework on the
morning of the tragedy, and of hav
ing written two letters at Mr. Banks'
dictation. She satd she was In the
kitchen when her husband called out
that Prescott was at the door and for
her to hand him two letters. This
she did and the constable tried to
force his way In. she said. 8he was
pushing against the door when Banks
shot.
Speaking In a subdued tone. Mrs.
Edith Banks, who shsres with her
husband the charge of first degree
murder, told of her actions the morn
ing of March 16.
Wrote Two Letters.
"1 ws at home that morning." she
said. "Mr. Banks and I had break
fast together. After breakfast I wrote
two letters for him on the typewriter.
They were an original and a carbon
oopy. One was addressed to Capt.
Lee Bown and the other to Chief of
Police McCredle. Mr. Banks dictated
them.
"Mrs. La Dieu called on the phone
and wanted me to come and get her.
We had been taking milk from them.
I went out and was gone half or three
quarters of an hour, X came home
and did my morning work and was
in the kitchen all the time.
Prescott at Door.
"Mr. Banks came to the kitchen
and askd me if 1 would go to the
door. He-said Mr. Prescott was there.
I dried my hands and took off my
apron. Mr. Banks said to give htm
the two letters and to put the chain
on the door and not to let them in.
"At the momsnt I opens 1 tiv? d'lor.
Mr. Preooott, put his toot in and
Alleged Eye Witnesses
Waver on Main Facts
When Cross - Examined
Four Who Claim Seeing Prescott Killed
Admit Membership in Q G Congress
Mrs. Marry Rehearsed
By ARTHUR PERRY.
EUGENE. May 14. Eleven witnesses for the defense came to the
witness stand Monday, In the trial of L. A. Banks and hi wife, Edith
Robertlne Banks, charged with the murder of Constable George J. Prescott.
Two of the number, Vern J. Emerick of Medford, and George E. Oben
chaln of Central Point district, testified that Banks' reputation for truth
and veracity In the community was good. Nine told of purported threats,
the witnesses alleged they had heard the slain man make against his
slayer.
Four of the number testified they .
were near the Banks home at the
time of the shooting, and heard the
fatal shot, and saw a plBtol drop from
Constable Prescott's right hand. In
direct contradiction of the state's
evidence.
Four Saw Shooting
The surprise witnesses were John
Wheeler, Spring street, Medford, for
mer employee of Banks, on his orch
ards, as an Irrigation worker; Mrs.
Mae Murray and her daughter, Mrs.
Effie Lewie, and Abner Cox, a fruit
worker. The quartet testified they
saw Constable Prescott on the porch
of the Banks home, with "another
man," heard a shot, and then saw a
pistol fall from the mortally wound
ed officer's band. Mrs. Murray and
her daughter testified, they heard
Constable Prescott utter a vile oath,
with his threat. None of the "four
ever before publicly posed as eye wit
nesses of the crime.
All these four witnesses admitted
they were member of the "Good
Government congress," and that they
told their testimony, first to Attorney
Thomas J. Enright, a member of the
defense counsel.
Other witnesses for the defense,
who testified to alleged threats made
agalnat Banks by Constable Prescott,
from two weeks to a day before the
murder, were Mrs, Mae Powell of
Talent, admitted member of the
Good Government congress; Walter
J. Jones, mayor of Rogue River, in
dicted for ballot theft; Dr. Jouett P.
Bray, not a member of the "congress"
but who said "I was & personal friend
of George"; B. A. Boyce, a farmer of
the Tolo district, and County Judi
Earl H. Fehl.
Waver on Facts
All the witnesses were subjected to
a gruelling cross-examination by As
sistant Attorney General Moody, and
wavering contradictions and uncer
tainties were developed aa to time
and place and cardinal facts.
Mae Murray testified that with her
daughter Effle Lewis, she left her
home on Sixth street, to Inspect a
house on Columbia street, and that
route took them by the Banks home
on West Main street, between 10 and
11 o'clock on the murder morn.
She testified she saw Constable
Prescott, and another man standing
(Continued on Page Eight)
4
EUGENE. Ore.. May 18. (AP)
Baptists of Oregon met here today
in the 76th annual state meeting of
the denomination. The convention
was held In the First Baptist church.
Tile Women's State society, the
Oregon Ministers' conference, the
Oregon Council of Baptist Men, and
the Young Peoples' division, auxiliary
organizations of the convention, held
separate meetings.
The convention will be concluded
tonight. Election of officers was
planned for late afternoon.
lunged against it. I got behind the
door and tried to push It shut. I
kept telling htm not to come in and
Mr. Banks was yelling st him to keep
away from the door. I was pushing
with all my might and main to keep
him out. I heard a shot and fell
back. I guess I must have been stun
ned because I hardly knew anything
for a minute or two. When L 'came
to' I looked around and saw Mr.
Banks standing in the room."
Didn't Know Husband Near.
On cross-exsmlnstlon, Mrs. Bsnks
denied knowing her husband was
standing in the room with a rifle.
Frank Lonergan, chief of the defense
counsel, has described her as a white
haired mother, whose connecttcm with
the crime has been that of an inno
cent onlooker. He carried out this
thought In his attitude In examin
ing her, and all of his questions were
given In a half-apologetic tone. Mrs.
Banks sppeared calm on the stand
and eager to testify.
Ralph Moody, chief prosecutor, has
described Mrs. Banks as a cold
blooded plotter who helped lay the
trap for a killing. While hla cross
questioning was entirely respectful,
he fired many questions at her and
several times succeeded In confusing
bar oa the stand.
FEHL HAS HECTIC
III AS WITNESS;
EUGENE, May 16. Earl H. Fehl.
county Judge of Jackson county, one
of the "threat witnesses" for the de
fense In the L. A. Banks murder trial.
under cross-examination Monday
afternoon, testified that on the days
between March 18 and Saturday,
March 18, lost, while officers were
seeking blm on a warrant charging
ballot theft, he was In "the room of
Attornsy Van Schmalr,: In the Hotel
Holland."
Twice Fehl, -who spent a hectic 46
minutes on the stand, refused to di
vulge his whereabouts, until ordered
to do so by the. court, and Attorney
Lonergan, who advised him to answer.
Fehl testified that the last time
he saw Banks before Sunday, May 7
here, was the Monday night before the
Prescott slaying, and that he did not
know of that murder, "until told oy
my attorney late on the 16th or the
morning of the nth." His memory
was faulty on the dates.
Fehl denied he was "hiding." but
"keeping out of the way of the offi
cers, who wanted to throw me in
Jail before I could raise the $18,000
bonds."
On direct examination Fehl testi
fied, that Constable Prescott had
visited him In his private office on
February 3 last, and said in the
course of a conversation about Banks,
"If I ever go out after that
I'll bring him In, If I have to bring
him in feet first."
Fehl added that Prescott was "very
bitter" against Banks, and that Banks
had twice voluntarily aubmltted
arrest.
Under cross-examination, Fehl was
a reluctant witness snd testified from
a position low In his chair, and" with
his hsnd on his face.
Attorney Moody quizzed him relent
lessly on the purported threat, and
the witness was plainly nervous under
the fire.
"You testified that Prescott
quested you to telephone Banks, that
he voluntarily go to Ashland and sub
mit to arrest, vet at the same time,
'you testify that he uttered a threat
against Banks." The witness aamiicea
the discrepancy.
Fehl denied he was a member of
the "Good Government Congress,
and testified that he had only made
one speech before that organization,
and that waa at the courthouse on
the night the ballots were stolen. He
admitted he had made "speeches In
the country to meetings "srranged
by Congress members, but talked on
county mattera."
Fehl testified further under cross'
examination "that he was not psr
ticularly friendly with Banks, except
In a business way." He finally ad
mitted that he had advocated In his
weekly paper that the "Good Govern,
ment Congress" should continue.
The witness declared "the gang took
his machinery away while I waa up
here last week." but under rigid
questioning admitted "It was on
due legal process out of the circuit
court." and that It waa a replevin
action, Instituted by Nledermeyer.
Inc.
(Continued on Psge Eight)
SALEM HOP GROWERS
10
SALEM. Ore., May !. W) The rt-
turn of beer to America will bring
tl.170.oao into the Docket of Selem
nop growers this year, according to
William 8. Walton, Salem banker.
Sale of hops In the last month have
netted KTOfiM. with holdings on
hand to Increase tha total more than
vyi noo. Reports of sale of 130 bales
at 73',, cenu and 135 bales at 73
I oast vena cornlrrfAl trU
FOUND GUILTY IN
WASHINGTON, May 18. (JP) Gas
ton B, Means and Norman T. Whlt-
aker today were found guilty by a
Jury In the District of Columbia su
preme court of conspiring to defraud
Mrs. Evalyn Walsh McLean of $35,
000 in a Lindbergh ransom hoax.
The crime Is punishable by a maxi
mum of two years imprisonment and
$10,000 fine. The Jury was out two
hours and 20 minutes.
WASHINGTON. May 18. () Gov
ernment officials, acting on a private
tip, had Mrs. Gaston B. Means, wife
of the defendant in the ransom hoax
trial, taken into custody today, and
searched for money.
Mrs. Means was picked up at the
District of Columbia courthouse by
two policewomen and taken to the
women's bureau for search.
They found some two hundred dol
lars In her purse but none of the
money they had been informed she
might be carrying.
Meanwhile, a Jury was considering
whether her husband was guilty of
conspiracy to defraud Mrs. Evalvn
Walsh McLean of 35,0OO which he
told her was to be exchanged for
"hot money" given the Lindbergh
kidnapers by Col. Lindbergh as ran
som for his child.
City's Tribute to Prescott in
Granite and Bronze Memorial
massssaaaaaaamaaSBaasasiassaaaaaaaasasatlU. aiaiMnsssss5lmjwsaaMra
rSP - I 'v .1
If. ' - ' r'Trf Vr't'--
On a massive stone of Ashland
gra n lte . end u rl ng as the me morles
here of the men himself shall be, the
plaque hsa been placed which will
mark Medford'a memorial to her be
loved constable, George J. PreacoU.
The stone, recently brought from the
Blair quarry, has received Its inscrip
tion. The wording will reveal to genera
tion after generation, who may linger
in the city park, a few of the ad
mirable characteristics which made
George Prescott a man among men
and his death a lose to which Med
ford and Jackson county will never
become reconciled.
"ErerfM br the estlwne of Med
ford In honor of fJorjre 4. pr
rntt. xshn gave hi life in the dl
fiUcae of m tot Hux 14.
HOAX IN MORNING QUAKE
Two Sharp Tremors Felt
Over Wide Bay Region at
3:45 Old Timers Say It
Was 'Worst in Years'
I.OS ANC.KLES. May 1 6.
A brisk earth shock of about two
seconds was felt here at 13:5R p.
m. today, but It was not believed
to have caused damage.
SAN FRANCISCO, May 16. (AP)
Two sharp earthquakes awakened
residents throughout the San Fran
cisco bay area at 3:45 o'clock this
morning.
Street lights went out In Santa
Rosa, 60 miles north of here, when
the shocks disrupted the electric sys
tem. A few clocks were stopped and
windows broken in San Francisco, but
beyond that no damage was reported.
Although Prof. P. Byerly, Univer
sity of California seismologist, de
scribed the shock as a "minor one,"
many people fled from their homes.
Professor Byerly said he was certain
the temblor's epl-center waa some
(Continued on Page Eight)
1033," the fir words of the
plaque read. Then follow: "May
hi rne of pnhlle duty, his rare
combination of courage and eour
tr. hl niEceri Integrity and nn
fnlllng klndlln Trt as a con
stant Inspiration to our present
and future generations."
Mounted on a simple but imprea
aive monument, the atone with Its
inscription will soon be placed In the
Medford park. Materials for Its erec
tion and the labor needed have been
donated- making the cost for comple
tion of the memorial very small.
Sutoenrtptlons exceeded all expecta
tions of the memorial committee, and
before petitions were called In much
more than smount of money needd
had been given. The surplus will be
tzftactfongd. to tfa Swot tout AuxLitb ooau
BASEBALL
National
Philadelphia 4 8 0
Pittsburgh - 8 10 3
Moore. Hansen. Llska and Davis;
Swift and Padden.
R. H. E.
New York - - 4 6 4
Chicago 18 1
Hubbell and Mancuso: Malone.
Tinning, Bush and Hartnett.
R. H. E.
Boston 8 11 1
Cincinnati 3 9 0
Betts snd Hargrave; Derringer. Ben
ton, Qulnn and Manlon.
American
(11 innings)
St. Loula - 3
Boston - 2
Hadley and Ruel, Shea;
Kline and Perrell.
13 3
9 0
Brown,
LLOYD GEORGE LAUDS
SCARBOROUGH, England, May 18.
(AP) Former Premier David Lloyd
George, addressing the Women's Na
tional Liberal Federation today, de
clared that "the American govern
ment when faced with a panic did
not stand with chattering teeth in
front of the emergency, but dealt
with It firmly and boldly."
"The Roosevelt program In Amer
ica," he continued, "la a great lib
eral program of reconstruction and la
practically that which the liberal
party put forward In 1939."
being raised to aid the invalid widow
of the slain officer, wantonly ahot
and killed by I. A. Bsnks, honorary
president of the so-called Good Gov
ernment Congress, now on trial with
hla wife for first degree murder.
More than 160 residents of Med
ford donated money for erection of
the monument. They represented
many classes of people who remember
the generous smile that accompanied
all appearances of George Prescott,
whatever his mission.
The memorial will be placed where
It can be viewed by Medford'a chil
dren, who were among his most loyal
friends, recognlvtnsr in the officer, be
fore unwarranted tragedy ended Ills
service, one who would protect their
privileges under democracy, whatever
UNITE FOR PEACE
IS CLARION CALL
Message to 54 Foreign Capi
tals Creates Diplomatic
Sensation Plain Words
Are Aimed at Germany
WASHINGTON, May 1. (fP)
President Roosevelt asked the world
today to give up offensive weapons
of war and unite for peace and eco
nomic recovery.
In a message immediately inter
preted on Capitol hill as constitut
ing particularly plain speaking to
Germany, the President admonished
all foreign potentates to give up "pet
ty" national aims, or the civilized
world would know where to place the
blame.
Dispatched unheralded to M for
eign capitals just on the eve of Adolf
Hitler's expected pronouncement of
Germs n policy, the message was a
diplomatic sensation of first magni
tude. Cross No Border.
It is proposed that no armed troops
whatsoever should hereafter cross any
frontier save when a neighbor had
offended by breaking her arament
agreement.
It backed the MaoDonald proposal
for a consultative pact for security.
Which the United States heretofore
bad shunned and which Prance much
desires, but it also proposed that all
nations hold armament within treaty
limits, which Prance has been ac
cused of falling to do.
It mentioned no names, but de
nounced foreign invasion at a time
when the Japanese advance in China
is in full swing.
Would Hold Murines." '
It laid down the doctrine of non-
invasion so broadly as to pneclude
by implication further United States
marine Incursions Into Ia tin-America.
It asked specifically for success of
the Qeneva arms conference and the
London economic conference, and pro
posed a later conference to carry fur
ther the work begun there.
A copy of the message waa prepared
for submission to congress, for Its
information, and administration con
gressional leaders at once hailed It as
epochal step of leadership lor
peace.
ENCAMPMENT AS
USUALTH1S YEAR
SALEJM, May 16. National
Guard troops in Oregon will train at
the annual encampment at Camp
Clatsop and Fort Stevens as usual
this year, It was announced upon re
ceipt of approximately $300,000 from
the federal government to cover costs
of field training camps in the state.
The dates were set from June 13 to
36. inclusive.
Malor-Genersl George A. White.
commander of the National Guard of
the northwest, said he believed all
troops would move as usual. Delay
In receipt of federal funds and un
official reports from Washington that
camps might be suspended this year
had caused some uncertainty as to
the training program for the year,
Oregon towns sending units are
Portland, Bsker, Union, LaGrande,
Medford, Ashland, Marshfleld, Klam
ath Falls. Greaham. Pendleton. The
Dalles. St. Helens. Astoria, Tillamook,
Hlllsboro. Forest Grove, McMlnnvllle,
Dallas, Corvallls, Salem. Woodburn,
Silverion, Albany, Lebanon, Eugene.
Springfield, cottage Grove, Roeeburg
and Grants pass.
CANNON INDICTMENT
UPHELD BY COURT
WASHINGTON, May 16. ( AP)
Indictment of Bishop James Cannon,
Jr.. and Miss Ada Burroughs, of
Richmond, on charges of violating
the corrupt practices act In the 1928
presidential campaign was upheld as
valid today by the District of Co
lumbia court of sppeals; and the de
fend ante counsel planned to appeal
the decision to the supreme court at
once.
SELL BIG WOOL POOL
AT ADVANCED PRICES
PORTLAND. Ore., May 18. (AP)
At prlcea unofflclaDr reportd to
have ranged from 19 to 37 cents a
pound, more than 1,360,000 pounds
of wool were disposed of In brisk
trndlng at the Idaho-Oregon Wool
Cooperative association pool sale here
today,
lady Mo. ley Diet
LOXOON, May lo (AP) Lady
Cynthia Moaley, wife at sir Oswald
Mosley, leader of the British fascist
party, died tonight aitax as opaxaUoa
SHOCK TO ALIENS
President Calls Reporters
and Attaches by First
Names Kin Listen in
On Important Conferences
By PAUL MAI.LOV.
Copyrighted by Mcciura Newspaper
Syndicate.
WASHINGTON. May 16. The Inner
picture of the White House now would
go well on a modern Home and Fire
side magazine cover.
Nothing like the Roosevelt famllv
informality can be remembered by old
presioenuai attendants. Porelan
statesmen at their recent conferences
here were stunned by It.
Tne stiff German will never get
over the press conference he wit
nessed. Mr. Roosevelt sat facine 100
sharp wltted newsmen. They did not
spare his feelings In questions they
asited, and there was sharn kiririinr
back and forth. They all addressed
him as "Mr. President." but he called
them by their first names and even
nicknames. The President also ad.
dressed his secretaries snd other gov
ernment officials with nieknsmM
Mac." "Steve" and such.
The only Mister In the roAm m
the president.
Next to the German was the nrnsu
dent's daughter. Mrs. Curtis Dall. she
sat on the edge of a table a foot
rrom the president, smoking a cigar
ette. Next to her was a girl friend
guest similarly draped on the table.
In to see the show.
Mrs. Pairs cigarette burned dnom
before the conference was over. She
stuck a pin in It to keep It from
burning her fingers. The German did
no voiumeer to hold It for her.
That waa nothing. He should have
been there the day. Mrs. Roosevelt
brought in the two dogs and broke up
the conference.
The Curtlss Dall broker nam
Just about as far from the RooMVelt
administration aa the moon.
Monody In the know here has any
(Continued on Page Seven)
SALEM, May 18 (AP) The au-
preme court today upheld the con
viction nf Seth Hsworth, sentenced
to 10 years In the state penitentiary
on a statutory chsree Involving .
young girl. The opinion written by
Justice Campbell affirmed the lower
court In Crook county presided over
by Judge T. B. Duffey.
No decisions pertaining to Jackson
county were handod down.
PRESIDENT EMERITUS
OF PRINCETON KILLED
WOODBRIDOB, N. J Mav Id P
Dr. John Grier Hlbhen. president
emeritus of Princeton university, was
auiea iate today in a collision of the
auto he was driving and a truck. The
accident occurred at the Clover Leaf,
an intersection of roads on the Lin
coin highway.
Will
ROGERS
"$gys:
SANTA JIOMOA, Cal., May
15. I am hereby entering this
argument between young
Rockefeller and the Mexican
artist, for there is two things
that a dumb guy knows as
much about as a smart one, and
that's art and inflation.
I string with Rockefeller.
This artist was selling some art
and sneaking in some propa
ganda. Rockefeller had ord
ered a plain ham sandwich, but
the cook put some onions on it.
Rockefeller says, "I will pay
you for it but I won't eat tha
onions."
Now the above is said in no
disparagement of the Mexican
artist, for he is the best in the
world, but yon should never
try to fool a Rockefeller on
oils."
Tours,
t