ITEDFORD 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
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Wadham's Vaouum Packed DRD? COFFEE in a handy glass jar with 2-piece cap .
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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
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