Medford mail tribune., May 18, 1933, Page 5, Image 5

' irEDFOUD MAIL TRTBUTTO, MEDPORD. OREGON, THURSDAY, MAY TS, '1933.
PIGE FIVE
i
i
4
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WELL KNOWN AND
(Continued irom Pago One)
defenM brought out, that he waa
once an employee of the California
Oregon Power company, and hla place
of business was now adjoining, and
Attorney Lonergan made many In
nuendo along this line.
A. W. Pipes, a former mayor, who
testified Banks reputation was "bad"
was questioned about the water pipe
line to the airport. Every political
Item, that became a. burning Issue In
Medford the past four years was
- stressed by the defense, seeking an
opening to fan prejudices.
Fruit Angle Aired
H. Van Hoevenberg, Gold Hill or
chardlst, character witness, was ask
ed about his packing house connec
tions, and growers activities.
M. N. Hogan, a broked, was asked,
among many other questions, If he
bad ever sojd Copco stock.
The fact that W. O. Webster, was
once an employee of the Associated
Oil company, was also seized upon by
the defense questioners avidly.
Kozer Questioned 1
Ralph E. Koozer, manager of tlfe
Bagley Canning company, testified
that he was formerly employed by the
State Industrial Accident Insurance
commission, as an auditor.
"Are you acquainted with R. E.
Thomas, also an auditor for the com
mission?" asked Attorney Lonergan.
"Only as I meet him, In a business
way," replied Koozer.
Thomas, a state's witness, had tes
tlfted that he called at the Banks
home the morning of the day before
the murder, and that Banks, In a
fury had threatened:
"I'll shoot the heart out of any
man who tries to serve a subpoena
on me."
Albert Burch, orchard 1st, mining en
gineer, and former member of the
state board of higher education, tes
tified, as a character witness:
f Paper Scurrilous
"I took his paper, until It became
so scurrilous, I could no longer read
It," replied Burch. Th.e witness was
subjected to a brisk pulzzlng, with
no headway against the calm dignity
and poise of the witness.
Mrs. Rose O. Schetffelln, and Mrs.
Marie D'Alblnl, testified that Banks
reputation, was bad. Under cross-ex
amination. It developed, that the
Greater Medford club, the D. A. R
Dixie club, P.-T. A. and other wo
men's civic organizations, to which
they belonged, entertained pronounc
ed prejudices against Banks policies
and methods.
Mrs. D'Alblnl testified that her
husband was a certified accountant,
and kept books for Snider' Dairy,
THIY AM MILD
Jf takes tabids oi manetj
and yet
whereupon Attorney Lonergan ques
tioned the witness about "he milk
war eiarted by Mr. Banks "
Hearing of the character witnesses
required all of the morning, and un
til two o'clock of the Wednesday ses
sion. EUGENE. May IS Damaging blows
were dealt Wednesday, In the state's
rebuttal to the defense plea of self
defense, for L. A. Banks, and his wife
Edith Robertlne Banks, charged with
first degree murder, for the slaying
of Constable George J. Prescott.
Twenty-one state witnesses filed to
the witness stand, giving testimony
ending to impeach Mrs. Mae Murray,
her daughter, Mrs. Effle Lewis. Wal
ter J. Jones, mayor of Rogue River,
Indicted for ballot theft, and John
Wheelor, gardener. All these four tes
tified to threats, they alleged they
over.heard Prescott make against the
accused agitator, former editor and
orchard 1st.
Included In the score of witnesses,
for the day were the eleven charac
ter witnesses, from Medford, and
Jackson county, some of them of
state wide repute, who came to the
stand, and declared that the reputa
tion of Banks In the community In
which he lived for truth and veracity,
and as a peaceble and law-abiding
citizen waa "bad," and that the repu
tation of the slain officer, as a mild
mannered, peaceble, . and quiet man
was good,' and generally known.
Newbury, Lonergan Clash
The afternoon session of court was
marked by a lively tilt between At
torney Lonergan for the defense, and
Attorney Gus Newbury of Medford,
while the latter was on the stand.
When laughter broke out in the back
part of the courtroom, Judge Skip
worth declared ,he "would clear the
courtroom, unless order Is maintain
ed. This Is not a show."
The Impeaching testimony, a stun
ning blow to the defense, briefly
showed :
That Mrs. Mae Murray and her
daughter, Mrs. Effle Lewis, who tes
tified Monday they wqre in front of
the Banks home, at the time of the
shooting, and heard Constable Pres
cott utter a vile oath, and a threat
just before the fatal shot, and drop
a pistol as he fell, were four of five
blocks away, at that time.
That John Wheeler, a gardener who
testified, that he too saw the shoot
ing, told a neighbor, that .be was In
the courtroom, when the killing oc
curred, and NOT ln front of the
Banks home, as he testified;
That neither Constable Prescott,
nor Joe Cave, city policeman, who
Walter J. Jones, the mayor of Rogue
River, testified he heard make
threats against Banks, in the city
jail office, on Sunday, February 26,
were on duty, or In the city Jail of
fice, DURING THE TIME, testified
they were; moreover that the records
of tho city Jail refute his testimony
completely.
Woman Star Witness
Mrs. Marjorle Hlbbert, a soft-spoken
woman of 35, employed at Huson's
"What -Not" in Medford, was the star
witness of the afternoon for the state,
and was subjected to a long and tedl
, ous grilling at the hands oi Defense
r
estemelds
Soiisf
Counsel Lonergan, who tried In vain j
to confuse her, and break down her I
evidence."
Mrs. Hlbbert testified, that on the
morning of March 16. the day Pres
cott waa slain, she arose about nine
o'clock, and. as a boarder at the home
of Mae Murray, went down stairs to
breakfast, and there saw Effle Lew-
Is, the married daughter of Mrs. Mur
ray. After a leisurely breakfast, Mrs.
Hlbbert returned to her room, and
had just finished her morning toil
ette, when she heard the police auto
siren. She went out on the upper
porch, and saw the police car going
west on Sixth street. She qlckly put
on her hat. rushed down stairs, and
went to the Hotel Medford corner,
a block away. After a short pause.
Mrs. Hlbbert, seeing no demonstra
tion, at the courthouse, as she sus
pected, walked to DeVoe's corner, and
noting the rush ox ears westward on
Main street, proceeded to the Stan
dard Oil station, where for a short
time she talked to Jay Gelsy and W.
O. Weaver, oil station employees, and
acquaintances for five or ten min
utes. Later, I. E. Foy, federal tax ad
juster, passing by, asked her to walk
with him, to the Banks residence,
which she did. They remained there
until Banks was arrested, placed In
an auto, and taken away. With Foy
she then started the return Journey
to her boarding bouse.
On the return, halfway down the
block from where Main and Sixth
streets merge, she met Mrs. Murray
and her daughter, Effle Lewis, hurry
ing westward. Mrs. Hlbbert estimated
the time was between 10:30 and 11
o'clock, and said she could not be
more definite.
Attorney Lonergan's cross-examina
tion was minute, and was exacting
In detail, as to how she happened to
be called, as a witness, who she came
to Eugene with, if she bad been sub
poenaed, and other repltltlous ques
tions of a wide variety.
"Why did you quit boarding at
Mrs. Murray's?" asked Attorney Lon
ergan. Couldn't Stand G. G. C.
"It was a personal reason," replied
Mrs. Hlbbert. "Mrs. Murray had taken
in a number of Good Government
Congress members, and they were
running pretty much over the place,
and I did not like it, so I moved."
The court ordered the jury to dis
regard Mrs. Hlbbert's testimony that
Mrs. Murray's sister, a Mrs. Spooner,
.had said, when the siren sounded:
"Don't go over to the courthouse.
something awful has happened, and
we don't want to get mixed up In It.
The witness said she had met Mrs.
Murray and Effle Lewis, In the lobby
of a local hotel Tuesday evening, and
they bad spoken to her, and ahe to
them.
Mrs. John Millard, residing at 141
Ivy street testified, that on the morn
ing of March 16. when Banks shot
Prescott, ahe was In the back yard,
hanging out a washing, and Mrs. Mae
Murray, on her way home from her
work as janltress at the Episcopal
church, had stopped and talked with
her. when the word flew over the
city that Banks had finally fulfilled
one of his boastful threats In long de-
1 1
put away for 30 months
Four miles of warehouses are used
to store our tobaccos. The crops now
in storage are worth about $70,000,000
. . . most of it for Chesterfield Ciga
rettes. The Domestic kinds are packed away
in wooden hogsheads that weigh 1,000
pounds and stand as high as a man's
head.
Like fine wine, tobacco improves
fiance of constituted authority. Mrs.
Murray testified ahe was an eye wit
ness of the crime.
Defense counsel did not question
her at sny great length. She Is a mid-die-aged
woman, as are most of the I
women members of the jury, ana
made a decidedly favorable Impres
sion for the prosecution.
Oliver Rogers, a gardener living on
the Crater Lake highway, just out
side the city limits of Medford. tes
tified, that on Sunday. April le. in
the morning. John Wheeler, a neigh
bor, had come to his place to buy
some cabbage plants. They had a vis
it, and in tho course of it, Banks was
discussed.
Wheeler told me that he was at
the courthouse, seeing about getting
a seed loan." Rogers testified, "when
bis wife told him there was a com
motion up Main street, towards
Banks house, and he better go.
Wheeler told me he went up there,
and went Into the Banks house", and
saw George Prescott dead on the front
porch.
So he told you he went into sanx
house," queried Attorney Lonergan.
Yes, he did," replied Rogers.
And you did not believe hlm.M
I thought he lied about It, and
All! think so," replied Rogers.
A xroup in the back of the court
room laughed loudly, and Judge Skip-
worth sgain threatened to "have the
sheriff clear the courtroom, if there
are any more demonstrations
Rogers matched wits with the Bel
ligerent defense ace. for half an hour,
under a rigorous cross-examination,
and was a calm and sure witness
throughout.
Attorney Gus Newbury, called to
the witness stand as the first im
peaching witness, testified that the
sale of Banks' paper was made by the
sheriff on March 16 last, the day be
fire the murder.
Wheeler had testified that "two or
three days aicer une saie oi ij&iuta
paper," he overheard Constable Pres
cott, tell a "mysterious stranger,
that "the only way to silence Banks
Is to shoot him. V The sate will con
tend that the alleged conversation
Wheeler swore he overheard, was af
ter Prescott had succumbed to the
hate-sped bullet from the Banks rifle.
Wheeler swore he overheard the
threat at the Medford National bank
corner.
Newbury Grows Warm
Under cross-examination, the llvll-
est clash of the trial came between
Attorney Newbury, and Defense
Chief Counsel Lonergan.
Attorney Lonergan tried to make
Attorney Newbury admit he bore en
mity to Banks.
"I told him a few things over the
telephone, when Banks attacked my
wife through his column, and Mr.
Lonergan, I want to tell you here and
now, you would do the same wing,
If vou had been In my place
Voices of both lawyers rose, as the
clash grew warmer. Attorney New
bury said Banks once was a client
of his. and had complimented mm on
the way he had conducted one of the
first legal actions, Banks encountered
on his entry to the Rogue River vai
I ley.
with age. So after our buyers select,
from the various markets, the right
kind of tobacco for Chesterfield, we
put it away for 30 months or more to
become mellow and sweet.
This ageing process is expensive, but
there is no short-cut to make tobaccos
milder to make them taste better. It
just takes money and time to make
Chesterfields.
Attorney Newbury declared, that
Banks' hatred of him started, when
he had advised a friend not to sign
a petition for the recall of Judge
Nortoa.
During the cross-examination of
Policeman Joe Cave, the ghost of the
Dahack shooting, walked through the
courtroom, but any description of the
details, were restricted by order of
the court.
"You were Indicted for the shoot
ing of a man by the name of Da-
hack?" queried Attorney Lonergan.
"Yes," replied Officer Cave.
Cave Not on Duty
Called as a state Impeaching wit
ness Officer Cave testified that on
Sunday, February 26, he went off
duty at five o'clock In the evening.
and Officer Ray Sloneker took nis
post. Cave said he never worked Sun
day evenings.
Officer Sloneker, testified thai ne
was on duty that night, until one
o'clock in the morning, and that as
far as he knew neither Officer Cave,
nor Constable Prescott were there.
Chief of Police McCredle, recalled
to the stand testified, that he was
around the police station until two
o'clock in the morning, and neither
Cave cor Constable Prescott were
present, except that Prescott, be
tween nine and nine-thirty o'clock
came to the door, stepped Just in
side, and said he was going home for
the night.
Walter J. Jones, the mayor ox
Rogue River, testified, that he was
put In Jail "much to my surprise."
and that when he had gone to an
iron wicket beside the "bull-pen"
door, to ask for some blankets, hed
overheard ft conversation between
Cave and Prescott, in which threat
between Cave and Prescott were pass
ed. Jones Claim Refuted
Impeaching testimony presented
late Tuesday afternoon, tended to
show that the Indictee Mayor oi
Rosue River, was in the women a
ward of the city Jan, no uie -quu-pen"
of the city Jail, when he alleg
ed he heard the threats.
Proof was also offered Tuesday oy
the state, that Abner Cox. another
of the defense "surprise" witnesses,
who testified he saw a gun drop from
Prescott's hand, as he fell mortally
wounded on the Banks porch, was at
the Pacific Record-Herald building.
on Sixth street, when Prescott was
killed, and left for the Banks home
In company, with Mayor Jones of
Rncrufi River.
Practically all of the defense wit
nesses, testified that they had told
their stories first to Defense Attor
ney Enrlght. and Mrs. Murray and
her daughter, Effle Lewis, testified
they had "rehearsed" them several
times in Eugene.
Definite the fact, that three defense
witnesses testified they heard Consta
hi Prescott. uttei threats against
Banks, when he tried to serve ine war
rant. Mi. Banks on cross-examina
tion Tuesday testified, Constable
Prescott, "never uttered ft word," ftnd
was positive on the point.
Former 'Guard' Testified
Wesley McKltrick, was the first
witness of the morning session. He
testified, that, for a considerable per
iod oefore the murder, he was a vis
itor At the Banks home, "a least once
day, and some times twice. Mc
Kltrick was known as "a Banks
guard' last winter.
McKitrlck, under cross-examination
testified that he was cook at the
dounty Jail, where ne is held on a
plea n guilty to ballot theft, and
that he had once been sentenced
to the Washington State prison at
Walla Walla," but never served any
time."
Virgil Edlngton. 35. Gold Hill, call
ed to stand, est fled Banks, whom
him to find wltntueB who would tes
tify they heard Prescott make death
threats against him. Upon objections
of the defense, the court Instructed
the Jury to desregard the testimony.
Edlngon admitted that he was In
dicted for ballot theft, and was at
liberty on 7aw bonds.
KMED
Broadcast Schedule
Friday.
8:00 Breakfast New., Mail Tribune.
8:05 Mualcal Clock.
8:15 A Peerlees Parade,
8:30 Shopping Oillde.
0 :00 Friendship circle.
0:30 Morning Melody.
0:45 Mualcal Notes.
10:00 u. S. Weather Forecast.
10:00 Faahlon Parade.
10:16 Homemakers' Bureau.
10:30 Morning Comments.
10:45 Quartette Parade.
1:00 Grants Pass Hour.
1:15 Lumber Jacks.
1:45 Songs and Comedy.
13:00 Mid-day Review.
3:18 Radio Rendezvous.
13:30 News Flashes. Mall Tribune.
13:30 Seed and Garden Talk.
13:45 Monarch Melodies.
1 :00 Varieties.
1 :30 Vlgnettea.
3:00 Dance Matinee.
3:30 Hollywood Snapshots.
3:00 aongs for Everyday.
3:30 KMBD Program Review.
3:33 Muslo of Old.
4:00 Across the Seas.
4:80 Masterworks.
5:00 Popular Parade.
3:45 News Digest, Mall Tribune.
6:00 Sports and Fishing Flashes by
ai none.
Friday
Saturday
Monday
Now More Than Ever the
Value of Pay'n Takit Is Revealed
To Its Customers
Frigid Jell
A Gelatine Dessert, All
flavors.
atine Dei
i.
3 Pkgs-
String Beans
Pride of the Farm. No. 2 can.
White King
The Famous Soap for Laundry.
large Package
Starch
Argo Corn the Quality
Starch.
21b. pkg. 1JC
AIRWAY COFFEE
More Quality for the Money.
, Lb. Package
Karo Syrup
Red or Blue Label, with the New Pouring
Spout 3 lb. can
Palm Olive
Same Size, Same Soap.
(Limit 4) Bar
BRING US YOUR
US N.
MEAT
Pork Steak
PiUIICS mild sugar cured lb. 1 2Vfec
COM2
BH0P
AND SAVE
0:09 Dinner Dance Muslo.
8:20 Hl-Ho.
6:33 Reveries.
7:00 Modern 1st lcs.
7:30 Eventide.
8:00 U. 3. Frost Forecast.
RALLIES BEHIND
HITLERS PLEDGE
(Continued flora Page One.)
the rest of the world extending a
friendly hand to Germany.
Baron Konatantln von Neurath,
foreign minister, has left for Geneva
to participate as Germany's represen
tative upon the reconvening of the
disarmament sessions.
PARIS, May 18. (AP Bdouard
Harriot believes, on the basis of
Chancellor Hitler's relchstag speech.
that Germany will claim equality on
the sea after land equality.
He gave this warning last night at
the conclusion of a lecture on his
Impressions of America, where he re
cently talked with President Roose
velt.
"After the treaty of Versailles," the
former premier said, "she (Germany)
will attack the Washington conven
tlons.
"The fate of the American and
British fleets and the French army
will be one and the same."
French reaction, meanwhile, to the
chancellor's speech was represented
as being that acts alone can prove
the sincerity toward peace of the
German people.
GENEVA, Switzerland. May 18.
(AP The rapid sequence of events
in the last few days has largely
placed the destiny of the disarma
ment conference in the hands of
President Roosevelt and Chancellor
Hitler, In the view of many confer
ence delegates.
The Influence of these two men. It
was said today, constitutes a power
ful factor in directing the course of
the conference, which awaits con
crete Initiatives on their part.
The Roosevelt message to the world
May
19, 20, 22
Flour
Blue Seal, the guaranteed
Flour. A j n
Seal, the g
i
49 lb. bag '
3 cans
Clams
F. A. B. Fanoy Minced.
y2 size can. 0
2oans3&5C
2&
5c
RELIEF ORDERS
Central
SPECIALS
choice cuts, lb. 1 0c
113 NO.
CENTRAL
and the Hitler relchstag address gen-
ally were regarded as clearing the
air and producing a new and more
hopeful atmosphere.
Displays Tulips Mrs. Donna Oraf-
fls of Phoenix brought some beauti
ful tulips to the Chamber of Com
merce this morning and they are now
on display. Mrs. Oraffts grows many
flowers at her country home, which
local folk have come to anticipate
each spring since her generosity al
ways leads her to share many of the
blossoms with friends in Medford.
GOOD TIME is assured all who at
tend the Dinner and Dance May 10
t the K. P. hall. Tickets 40o.
Real estate or insurance Leave It
to Jones, Phone 790.
Pender and body repairing. PrlOM
right. Brill Sheet Metal Works.
u J laa-il'
And what a troatl th5i
gayly tempting caraal
at your breakfast place I
It starts your day off right-
just to see these crisp, golden
flakes in your cereal bowl!
They look good and they
are goodl Plain with milk or
cream . . . or, better yet, with
fruit or berries . ; . they keep
their promise of something
mighty good to eatl
There's energy, too, in these)
dainty toasted hearts of corn.
Quick energy for busy hours.
Have Post Toasties for break
fast tomorrow 1 It's grand
for lunch or supper, tool A
product of General Foods.
BOYS AND GIRLS I
ln1 your nam and ddri, wlfti
rwO PoitToaitlM box-topfte Into
tor etf Otntral Food, Battls Crk
Mlh.f for badgo and Dotoctlvo Manual
Thlt offor good until Octobor 13, 193.)
r
is) J. Lmcxtt Hvai Toucoo fc