Medford mail tribune. (Medford, Or.) 1909-1989, May 19, 1933, Image 3

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Medford mail tribune., May 19, 1933, Page 3, Image 3

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Newspaper Page TextITEDFORD MAT". TRIBUNE, MEDFORD, OREGON, FRIDAY, MAY 19, 1933. PAGE THREE STATE'S CLI ( Continued rrom Page One) BANKS AND HIS WIPE AIDINO, KILLED GEORGE PRESCOTT WITH DELIBERATION. PREMEDITATION AND PREPARATION, AND THE STATE HAS PROVEN THAT THEY DIDl" Referring. .t Tariou time in hi Address, to countv Judge Earl H. Peul. Sheriff Gordon L, Schermerhorn and Attorney Tom J. Enright, Moody aaia, Fehl Drawn In "AmoM those indicted for burglary not In a dwelling the theft of the bftllota from the courthouse, were i. A. Bank, and hie close friend, Earl H. Fehl, la the county Judge of Jack son county, but a Mr. Gate aald on the witness stand, the ballot were atolen before they could be recounted, upon order of the court . . .' "The indictments were secret . . But Mr. Banks, the evidence shows got erand Jury information in ad vance on this and on other occasions." "Judge Fehl admitted on the stand, when he came to reluctantly testify in behalf of hla friend Banks, that at a previous grand Jury session, he was receiving information from the foreman of the grand jury and carry ing it to Banks. . The grand Jury that returned the ballot theft had no friendly foreman, but what a man can do once, ho can do again, 'and Judge Fehl had the run of the court house. ..." "When Banks told Fleming, Just before the murder that 'Coleman and Fehl plan to make me the goat In this ballot business,' was he afraid Fehl, one of his co-oonsp Ira tors, was going to confess and make him the big frog In the puddle?" Same Mr. En right t "Mr. Fleming testified that on the morning of the murder, when he called. Mrv. Banks was around the house, performing the duties ladles generally do, at that time In the morning. Attorney Enrignt took tne stand and testified that Fleming told htm a day or so later. In the Jose phine county Jail, that he did not see Mrs. Banks that morning. Let me remind this Jury that this Is the same Mr. Enright that four or five witnesses, whote truthfulness la In doubt, testified they rehearsed their stories before they came to the stand. And they seek to pit the word of Enright, against the word of Flem ing. IMAGINE IT." Referring to Sheriff Schermerhorn, Attorney Moody aald: 'So they wanted to surrender to Sheriff Schermerhorn. Mrs. Banks telephoned to make arrangement to that end and to aay in what Jail Mr. Banks would be detained. WHAT RIGHT HAD THEY TO DESIGNATE TERMS OF SURRENDER TO THE LAW, AFTER COMMITTING A MURDER?" I doubt if Schermerhorn had been sent to arrest Banks he would have been apprehended, at least, when he was." Schermerhorn Under Cloud "Sheriff Schermerhorn was Jointly indicted with Banks and Fehl a a co-oonspirator in the ballot theft. That is why he wae not given the warrant to serve on Bank. And, I ask you Jurors as reasonable men and women, if it was not the course you yourself would have followed under the same circumstances?" At another juncture of his speech, spoken throughout, save at the close, in a conversational tone, Attorney Moody said: "I only wish the state had been abe to show what was said the night before the murder, and WHO WERE PRESENT in the Bank home. The defense, for reason of It own, did not see fit to reveal this phase of the case. "The first scene wae enacted at that meeting the night before, when preparations for the murder were made." Attorney Moody declared, after read ing the "two bloodshed tnreat" let ters to the Jury: Plotted Alibi. "They were acting togetner Jointly when Mrs. Banks typewrote the two letters at the dictation of Banks i "When Banks dictated and signed those two letters, he was not alone preparing for the murder, he was also preparing his alibi Mrs. Banks testified she threw the letters oik., I do not doubt she 'threw hem out. Just as Tommy William testified he saw her open the door, stoop, and throw something on the porch. He (Banks) said to himself: 'I am going to be my own judge ana Jury and so I will write these leucm and tell them if any officer inter feres with me there will be blood shed. " Castigating the attitude of Banks before. -during, and after the mur der. Attorney Moody said: Banks Too Cowardly. Banks was cold-blooded cold blooded enough to plan the murder, but too cowardy to go to the door. and open It. Nol He ahoved nis wife up there, under explicit instruc tions about what to do. Why didn't he go himself? The situation explains itself. He could not nave usea ine rifle at an open door. Banks waa a food marksman. He stood 35 or 40 feet away and hit man In the heart, through a crack m the door, four or five inches wide. But hi crazy theory was also hit. Dr. Joseph 1 said he was crazy when he pulled the trigger. He must nave had a lucid moment in hi 'transitory mania when he shot so straight and true. HE WAS NOT CRAZY THEN, nor ts he now." TTnnn Ah (Affirm nf Attnrnev Lon- ergan, the court instructed Attorney Moody to face the Jury wnue aa dressing his remarks, and not point at the defendant. 'Lived In Luxury. "Banks, after the murder, had the audacity to say that George Prescott was 'burglarizing his home. ;He lived In luxury, not paying hia honest debts, and abusing every con stituted authority, that is protecting him now He never went into court that he did not file an affidavit of prejudice against the presiding Judge, and he was forced to admit it on the stand. "Banks shot George Prescott with a nasty, vicious mushroom bullet that civilized nationa have barred from use in modern warfare. "He took away the life of George Prescott, but he can never take away the law enforcement Ideals for which George J. Prescott stood and uvea . and died. Made Threat Plain. "When Banks told Fleming of his murder plans, Fleming said 'O, don't do that Mr. Banks. It will get you into trouble.' Banks said I will do it be cause I aald I would do it. If any officer comes to that door to take I me on a trumped up charge. I will go ! out over their bodies feet first.' AND THAT 13 EXACTLY WHAT HE DID, DO. "Are you going to believe that Ed win Thomaa lied, when he testified to threat that Banks made two days before the murder ? Whenever it was mentioned that Banks had to go to court, he would rage. The word 'subpoena' annoyed him. When he told Thomas, 'I can pluck out the heart of any man who come to that door with a subpoena,' he pointed an Imaginary rifle at the front door the door to which Prescott came and then and there rehearsed his murder plot. Pistol at Breakfast Table. "Banks testified that on the morn ing of the murder he wore a revolver to the breakfast table. What did he do that for? Was he going to shoot his wife? Did he expect to see game In his own house? Do law-abldtng people wear pistol to the breakfast table? was he expecting to be sur prised by the law? Or was he pre paring for the murder? "Banks gloried In his deed and told Phil Lowd, his friend, he would have shot any officer probably, who came nesse of theirs are to be relied upon to the door. Phil Lowd might have thought he was Banks friend, but Bank was never Phil Lowd friend "He showed no sympathy for the victim of his hate He was cold blooded. He thought only of self. His conscience never bothered him. and he Is selfishly and extravagantly ego tistical. He waa only afraid of get ting caught Conscious of Guilt. When he wrote to Rev. L. F. Belk nap to arrange for bonds the consciousness of his own guilt was upon hlra, and he waa acting to pro tect himself. "I suppose that the thought that went throueh the mind of Banks after the murder, while casually walking about the house, waa that the misguided followers of hla Good Government Congress that organiza tion with the 'hlfalutin' name, and the false purposes, would flock to hia home and surround it, and pro tect him while he fled." Alibi Witnesses Flouted. Referring to the alibi witnesses. At torney Moody said: "Four or five witnesses have been brought here to testify they saw a pistol in poor George Prescott hand. Even Banks would not testify to tbst. He testified be saw what he IMAGINED to be a pistol. If any body knows what a pistol look like, it la Llewellyn A. Banks. I am Just waiting to see if defense counsel will have the audacity to claim these wlt- for truth and veracity. Relative to Mrs. Banks' part, At torney Moody said: "What did Banks mean when he cried 'Look out No one else was In the house Fleming had gone. The warning was not for the olficer he plotted to kill. The warn ing waa for Mrs. Banks, and then again they were acting together and Jointly. "Why did Mm. Bank put on the burglar laich, of their palatial home She testified it waa because she did not want it opened any wider than the crack She stepped aside, and made sure she wns not an obstruction to the bullet from the vicious rifle in the hands of her mate . No Distinction In Law The law makes no distinction be tween the aexea You can find one or both guilty. "If John Wheeler was in the house. as both Wheeler and Mrs. Banks testi fied, why did she not give the 'pro ceed In order' note to Wheeler In stead of a total stranger she had to CALL THREE TIMES? "Mrs. Banks showed no compunc tion after the murder not even when her little daughter asked what had happened. "When Tommy Williams asked Mrs, Banks, 'Where Is George.' she nodded her head towards the body, and said 'Over There.' The nation honors M i'aaiimMmr BE SURE you WASH YOUR HANDS BEFORE YOU PRACTICE Ot THE Piano, 60N-) JD2 vr Awl That's "on- I'm PLAY ON " i I I THATS ALL fel&HT, ONLY CrONNN J PLAY ON THE BLACK vkey& This Time V The matter of cleanli. ness is never overlook ed at the PEERLESS MARKET. Our market la always immaculately slean . . . and our meats are State Inspected to insure PURITY. FREE DELIVERY for your convenience. Just Phone 603 Bulk Items Ripe Olives Queen Olives Stuffed Queen Olives Sweet Gerkinets Sweet Midgets Mixed Sweets India Relish Dills Pickled Pigs Feet Pickled Tripe Complete Assortment of Lunch Meats Bulk or Package Cheese Bulk Mayonnaise Relish Spread GENUINE MILK LAMB CHOPS or LEGS lb. 19c SHOULDER ROASTS lb. 10c BACON SQUARES lb. 9y2c Lean Jowels, mild cure - SALT PORK RIB BOIL lb. COTTAGE CHEESE lb. 9c BACON med. wt., mild cure y2 or whole HAMS sugar cured, whole or half SIRLOIN TIP ROASTS tender, juicy" PRIMERlBROASTSboned&tiednowaste STEAKS sirloin or rib LINK SAUSAGE little pig BEEF ROASTS shidr. cuts lb. 9c HENS colored, dry picked lb. 17y2C FRYERS iy2 In- and over lb. 22c EGGS strictly fresh dozen 16c VEAL ROASTS shidr. cuts lb. 8V2c VEAL CHOPS or STEAKS lb. 1 2y2c SHORTENING 4 lb. 29c Large Strawberries 3 cups 23c Navel Oranges Bunting With Jules 3 doz. 25c Fancy Green Peas 3 lbs. 10c Fancy New Potatoes per lb. 5c Local Spinach 3 lbs. 10c Asparagus Green and Tender 2 lbs. 13c Beets, Carrots, Green Onions 3 b'nehes IQc WITH THE VALLEY TRADE IS THE VALLEY MADE Be Wise Buy Wise and Economize at the RELHABLE GASH GROCERY W. A. HOLLOWAY, Owner, Phone 20 thousands who sleep 'Over There Officers of the law are as necessary in peace, as soldiers In war, and j George J. Prescott died as much hero to hla city, aa any soldier of war , to his country." Wife Linked In riot. In his closing remarki, Attorney I Moody linked Mrs. B&nka to every1 vital move In the murder and its preparation. "She acted Jointly with her hus band If the temporary insanity plea interposed for him holds, she la in the position of aiding a crasy man Instead of counseling him against crime." Attorney Moody declared Mrs. Banks typewrote the bloodshed, threat let ters, handed them out the door, knew the officers had arrived, and told Banks of their arrival, opened the door, after fixing the burglar latch. stepped away when Banks warned her. wrote the proceed In order not' nnd signed and delivered It, said 'We killed him' and telephoned the terms of surrender to the officers. "I call upon the defense to dis prove these proven facts, that show Irrefutably that Mrs. Banks acted Jointly, dellberattvely and premedlta tively In the slaying of poor George Prescott.' of awards, held Saturday at the Jun ior high school, may get them nW at the Girl Scout headquarters. Is your appetite hard to please? May Oet Radge, Announcement hna been made that Olrl Scout, who did not get their badgee at the court V-;. "VK k.1SL fh Interested Service The men who sell you foods in this HOME OWNED Store are Experienced Grocerymen. They are interested in your Satisfaction and Personal Thrift. FREE PARKING LOT. 2 REASONS why you should use our FREE DELIVERY SERVICE 1. You Save Time! 2. You Save Money I Shrimp fancy quality . . . 10c OliveS tall can ... . . 10c PureX Pint bottle . ... 10c Com Royal Club LW 2 for 25c Peaches fancy, Ig. 2y2 can 2 for 29c ROYAL CLUB or SUN BLEST . I omatoes sa z for zac Wesson Oil 2 gai. 55c Pure Strawberry Preserves qt. jar 35c; small jar 3 for 25c j ... . . Pineapple . 2 fori 5c Segments, 8 os. Crackers .... 25c Graham, 2 lb. box Salad Dressing . . 12c a real value CATSUP, large bottle COFFEE, one pound package.. 2 for 25tf 17tf COFFEE Royal Club 1 lb. for 29. 8 lb. can 82 COFFEE Maxwell House 1 lb. 29; 2 lb. can 57 . 4 lb. can $1.00 AMAIZO CORN STARCH 2 for 15 4 cans for 25tf 4 cans for 25f 4 cans for 25 VAN CAMPS PORK and BEANS VAN CAMPS TOMATO SOUP CAMPBELL'S TOMATO JUICE SOAP CRYSTAL WHITE 10 bars for 33 PEETS WASHING POWDER (and 4 bars Crystal White Soap Free) med. sire 2 for 25 Finest Quality FRUITS and VEGETABLES Lettuce LARGE HEADS 3 for 10 TURNIPS and BEETS.. LOCAL SPINACH Fancy SUNKIST ORANGES.. FRESH PEAS :. .3 bunches 10 2 pounds 9 J dozen 43 3 lbs. 14 ..25 pounds 43 Personal Attention Prompt Service Avoid Shopping Inconveniences no walking, driving or parking difficulties. Just Phone 252 For Food What's New In Foods? That is the question housewives anxious to please their families and guests are asking. This store prides itself on the reputation it enjoys for featuring NEW foods of course, at prices you oan afford. For instance, this week we are featuring a new, delicious cereal MADE IN MEDFORD Rowe's Whole Wheat Cereal I Also, Wadham's Vaouum Packed DRD? COFFEE in a handy glass jar with 2-piece cap . You'll like this fine coffee . . . There are Wadham's SOUP MIX makes EXOEP TIONALLY DELICIOUS SOUP Granulated gravy wet-pack shrimp scores of suggestions for your next week's meals I SATURDAY SPECIALS Fresh Local Spinach. 3 lbs m.j.i.i. 8c Head Lettuce, 3 heads . ......i. .-. ..-. i. t.... . 9c Shrimp, 2 cans . . .;. . . . . . ...i i..i.19c S. and W. Salad Fruit, No. 1 cans, 2 for ,.i .32c 16 ounce jar Wadham's fancy Honey . 17c Wesson Oil, gal- ize ,.,.49c Medium size Ripe Olives, No. 1 cans . . ...... 10c FIVE FREE DELIVERIES ON SATURDAY TLlfXKtT4 O O All telephone orders receive the same careful 1 i Ji Cj ak O attention as if you oalled at the store In person CENTRAL MARKET Phone 81. Free Delivery SPECIALS CHOICE HENS AND FRYERS Pork Shoulder Roast Lb. 10c Pork Steaks Lb. 10c Veal Shoulder Roasts, lb. 10 c FINE ASSORTMENT LUNCH MEATS If You Are Looking for Real Bargains Check Carefully the ads in Today's Mail Tribune Klamath No. 1 POTATOES...