Medford mail tribune., May 21, 1933, Page 1, Image 1

Medfor:
A growing circulation
The circulation of the Mall Trlhune
is crow Ins rapidly. Hundreds of new
readers have been added In the past
few monttis. paid-up circulation Is
the laud that pays Ad. dividends.
Twenty-eighth Year
MEDFOKD, OREGON, SUNDAY. MAY 21, 193c
No. 51.
0
JL
The Weather
Forecast: Sunday cloudy with oc
casional light ruins. Moderate tem
perature. Highest yesterday 38
Lor est this morning - -
Mail Tribune
d
Comment
on the
Day's News
By FRANK JENKINS I
PRESIDENT ROOSEVELT sends to
congress his public work bill,
which requests authority to inaugu
rate a THREE ' BILLION DOLLAR
public construction program.
Congress la asked first to pus the
bill and then levy taxes to pay the
cost. ,
rJS writer, whose admiration lor
President Roosevelt la tremen
dous, can't work up much enthusi
asm for a three billion dollar public
( works program. Public works axe non
productive, and entail, heavy costs In
later years for maintenance.
If the three billion dollars- were'
loaned to private Industry, which at
the present moment Is practically
paralyaed hy lack of credit, it would
go farther in th way of providing
employment,' and thus relieving dis
tress, than a' huge public works pro
gram. . That, at least, is the opinion of
this humble citizen.
PRESIDENT ROOSEVELT addresses
to the world at large a plea to
refrain from war, which la deatructlve
and terrible In Itself and entails a
long train of depression and unem
ployment, and remain at peace.
Germany, which has nothing to
gain by going to war and EVERY
THING to gain by remaining at peace,
endorses enthusiastically the Presi
dent's proposal.
Japan, already at war and hoping
to gain much as a result, la indiffer
ent. THAT ts the trouble with peace
programs. The nations that at
the moment have something to gain
by remaining at peace are for them,
and the nations that hope to gain by
going to war are against them.
Blind self -interest still rules the
WOrld. f , , -
IP Europe should again go to war, as
the headlines tell us day after day
la possible, who would be responsible
the common, ordinary people, who
would furnish the cannon fodder, or
the diplomats who carry on the re
lations of one nation with another?
H. G. Wells, great English writer
and his historian, tells us that dip
lomat are among the world's great
curses.
There are times when one is In
clined to agree with him.
.
TKIS, by the way, 18 one of those
times. WltJh a world crying for
peace, NEEDING peace, suffering ter
ribly from economic Ills that follow
In the wake of war, if, the diplomats
can't keep us at peace they aren't
worth much.
THE big sale of Oregon and Idaho
wool in portiana on ruesaay
averaged 23 cents per pound an
Increase of 15 cents a pound over the
price received for the 1031 clip.
That is a stiff increase. And the
best part of It ts that the Increased
price appears to have been due chief
ly to excess of demand over supply.
and not wholly to inflation, which la
another word for depreciation of the
value of money.
Price increases that are based on
supply and demand "are likely to be
much more permanent than those
that are based merely on Inflation,
THB fishermen's strike on the Col
1 umbla river Is over, and the
boats are back on the river.
That is good. This is no time for
strikes. It is a time for getting to
gether and making the best of
thin ?.
2 LOSE LIVES IN
GASOLINE BLAST
WHITING. Ind.. May 20 fAP)
Two mn were burned to death and
five others were reported missing fol
lowing an explosion and fire in a still
of the Standard Oil Company of fn
dtana's gasoline refinery here tonight.
Damage was estimated at a million
dollars. The company's plants cover
hundreds of acres here.
Seven men were believed working
In the still when the explosion oc
curred, company officials aald. The
.two bodies recovered were burned
o badly that Identification was dif
ficult. Extra If Verdict Reached
An extra edKton of the Mall
Tribune will be issued today (Sun
day) Immediately upon flashing of
miwd from Eugene that a verdict
has been reached in the Banks
cse.
Unable to Agree
In First 5 Hours
Of Deliberation
EUGENE. Ore., May 20. (AP) The Jurors in the Banks case, worn out
after three weeks of gruelling arguments and testimony, went to bed at
9 o'clock Saturday night. They had deliberated the case 5' hours and
planned to resume their consideration of the evidence Sunday morning.
The Jury is deciding the fate oi
Mr. and Mrs. Llewellyn A. Banks, ac
cused of the first degree murder of
George J. Prescott, Medford constable.
The case was placed in their hands
at 3:30 o'clock Saturday afternoon.
Retire Early.
At 0 o'clock they decided to retire
to rest and the bailiffs took them
bedding. They were confined to rooms
in the top floor of the courthouse.
They were to be up for breakfast
at 7:30 o'clock Sunday morning.
EUGENE. Ore., May 30. (AP)
Seven men and five women tonight
undertook the task of determining
the Innocence or degree of guilt of
Llewellyn A. Banks, 62, and his wife.
Edith Robertine Banks, who for three
weeks were on trial for first degree
murder for the slaying of a constable
In Medford three months ago.
The Jury was expected to report Im
mediately upon reaching a verdict,
whether during the night or on Sun
day. Some women in the courtroom wept
as Prank Lonergan, chief of defense
counsel, climaxed his dramatic plea
for acquittal of the elderly couple
with the words:
Will Be Waiting.
"When I sit down, the Hps of the
defendants will be sealed. The state
has one more chance at you before
you take the fate of this old couple
to the Jury room. But we'll be wait
ing waiting waiting waiting for
your decision!" .
The Jurors only gazed stolidly at
the attorney as his argument was
concluded, then filed out for a brief
recess before Ralph Moody, chief
prosecutor, undertook the closing
argument for the state.
Lonergan declared that Banks was
temporarily Insane when he killed
the constable. Persecution by cor
rupt county officials whose resigna
tions he had militantly demanded in
his newspaper had affected the mind
of the former editor, the attorney
said.
i Was Hounded Man.
"Banks was a hounded man." Lon
ergan said, "staying In hie home for
10 days before the tragedy to avoid
trouble, planning to leave for the
mountains to save his own life, fi
nally, when he saw Prescott trying
to break into- his home to 'get him.
Banks lost his reason. You couldn't
have stood it and neither could I."
Moody, closing for the state, re
viewed the case point by point. He
waved the blood-stained warrant that
had been taken from Prescott'a coat
pocket as he told the Jury the con
stable had a legal right to arrest
Banks and even to break Into his
home.
Perjury Claimed.
He accused the defense of perjured
testimony, described the "eye wit
nesses" the defense had Introduced
as "liars."
"Four eye witnesses claim they
stood in front of the door and saw
a gun in Prescott'a hands." Moody
said, "yet each says he saw no one
else on the street." The four "wit
nesses" had testified for the defense
that a revolver fell from Prescott's
hand as he alumped to the porch of
Banks' home, fatally wounded. Re
buttal witnesses for the state testi
fied thst at least two of the "eye
witnesses" were not near the former
editor's residence when the tragedy
occurred.
Moody declared that Banks delibe
rately killed the officer, that he wsj
prepared to kill sny officer who might
attempt to arrest Jilm. Mrs. Banks,
the prosecutor said, knew of her hus
band's intentions and held the door
open while Banks fired through the
opening the shot that pierced Pres
ent's heart.
EUGENE, Ore., May 20. (AP) The
women In the audience wept today
as Frank Lonergan. chief of the de
fense counsel, made his final dra
matic plea for the lives of Mr. and
Mrs. Llewellyn A. Banks.
As Loner-fan concluded his argu
menta for the elderly pslr. charged
with the first detrree murder of
George J. Prescott, Medford constable,
he beeged the Jury to free them
and give their daughter. Ruth May.
bafk her parents.
"When I sit down. Lonrtmn said,
"the lips of the defendants will be
sealed. The state has one more
chance at you before you take the
fate of this old couple to the Jury
room. But well be waiting wait
ingwaiting waiting for your decis
ion." Women In Tears
As Lonergan sat down, severs wo
men in the front of the courtroom
could be seen wiping their eye.
The Jurors retained their sphynx-
llke attitude but few others In the
courtroom were unmoved. Ralph
Moody, chief prosecutor, followed
Lonergan after a brief recess and
the case was to go to the Jury as
: soon as he bad finished and the
! Judee had read his Instruction.
Moody was described by Lonergan
in hla closing arguments as a "gen-
(ConUnned on Page Four
BEFORE REHRING
EUOENE, May 20. (AP) Judge
Skipworth's Instructions to the Jury
required about an hour and 15 min
utes. He began by rending the indict
ment against Mr. and Mrs. Banks and
informed the Jury that every material
allegation must be proved by the state
beyond a reasonable doubt.
To be convicted of first degree mur
der, the judge pointed out, a man
must be shown to have committed
a homicide with malice, premedita
tion and deliberation. To be con
victed of second degree murder, ne
must ' be shown to have committed
the crime with malice, but premedi
tation need not be shown.
He Informed the Jurors that while
Mr. and Mrs. Banks are being Jointly
tried, a separate verdict Is to be re
turned for each. He read the law in
the case and defined the rules of in
sanity and self-defense on which
Banks was to be tried and explained
the manner in which the Jury was to
return its verdict.
Typewritten forms, one for each
possible verdict which the Jury might
return against Banks and Mrs. Banks,
were handed the Jurors. The possible
verdicts for Banks were: First de
gree murder without a recommenda
tion (death); first degree murder
with... a recommendation of life .im
prisonment; second degree murder;
manslaughter; not guilty by virtue of
insanity and not guilty.
The possible verdicts for Mrs. Banks
were the same except that no verdict
of "not guilty by reason of insanity'
would be brought In for her. No in
sanity defense has been introduced
on her behalf.
The Judge informed the Jury that
the court would meet at any hour to
hear the verdict. He instructed the
Jury that both an insanity plea and
a self-defense plea are legal, but that
the burden of proof there lies with
the defendant and not the state.
Insanity la a legal defense.' said
Sklpworth. "Banks has entered A
plea of temporary insanity. The facts
are for the Jury to decide."
Sklpworth went into detail con
cernlng the case and instructed the
Jury that Prescott, the constable, was
within his legal duties In attempting
to arrest Banks, Prescott could have
even broken into the house under
the law, the judge said.
Sklpworth pointed out, however,
that threats reported or unreported
to Banks would be considered In the
( Continued on Page Pour)
Here Is the Jury Weighing Guilt of Banks
I e IlfaimT Bum urn in-i-ilf-r-in r inh i'zhfr' '
ifiiViiiniinii!.iiiiiuiwjjiiium)ii i.miiiu.auui.iujJi-jm.;iJnn-m i'' - '. - u. . ....jljji! tarn
rittr-rl IT -71 ,17 -
Hera are the fix men and six women and the two alternates who form
the jury which holds the fate of L. A. Banks and his wife, tried in Eugene,
county seat of Lane county, for the murder of George J. Prescott, Med
ford consJtable. Left to right, back row Mrs, Madge B. Addison, Isaac
T
MARKET EOR BIG
LIS! OFSUPPUES
Staple Foodstuffs to Total
$100,000 and Large
Amount of Building Mate
rial Sought Here On Bids
Staple foods, to cost approximately
aiOO.OOO and approximately one a
half million board feet of lumber,
plumbing, etc., will be bid on y
merchants In the Medford district of
the Civilian conservation corps, and
will be received In sealed bids at the
local office beginning May 24, It was
announced Saturdsy afternoon by
Major Clare H. Armstrong, officer In
charge.
No fresh vegetables will bo billed
by the headquarters, according to
Major Armstrong, and persons sellln?
supplies will obtain better results if
their prices are submitted in writing,
instead of personal visits. Work in
the offices has already been seriously
delayed by such callers, the major
pointed out. and requested local peo
ple cooperate In this matter.
Lowest Bidder Wins
Sealed bids are to be returned, and
awards will be made to the lowest
bidder only.
Lists of the needed articles were
mailed out to merchants Saturday,
and contained astounding amount
of foodstuffs, to be distributed by
truck from Medford into Preemont.
Rogue River. Deschutes and Siskiyou
national forests and Crater Lake na
tional park, where the 24 camps are
now located.
The requirements, as listed for the
camp needs were as follows: apples,
ca n ned . No. ten . 4770 cans; bacon .
38.200 pounds; baking powder, five
pound cans, 348 cans; beans, dry,
9600 pounds; beans, string, canned,
No. ten, 8982 cans; fresh beef, 190.-
(Continued on Page Five)
f
WASHINGTON, May 20. W) The
coveted Mackay trophy has been
awarded First Li tu tenant Charles H.
Howard of Ashland, Ore., for meri
torious service In the Navajo Indian
relief fight In January, 1932, the war
department announced late Friday.
Lieut. Howard was commanding the
1 1th Bombardment squadron when
word was received that many Indians
In New Mexico and Arizona had been
snowed in and wore suffering from
hunger and privation.
He proceeded from March Field,
Cal., to, Wtnslow, Arts., taking eight
planes which flew about 15.000 miles
In search of the stricken tribesmen.
Finally the Navajoa were located
Sacks of rations were suspended on
the bomb-racks of the huge bombing
planes and were dropped to the ma
rooned Indians.
The Mackay trohphy Is awarded an-
nually to an officer of the air corps
who is deemed to have made the most
meritorious flight of the year.
&K I ' W I
if r J'
BANKER SLA IES SELF
WHILE POLICE AT DOOR
Bj FRANCIS A. .MM1USON i
(Associated Press Staff Writer) '
- NEW YORK, May 20. (fT) Joseph
W. Hnrrimaik. indicted founder of a
Fifth Avenue bank bearing his name,
who penned a sheaf of suicide notes
and then disappeared from a nursing
home 24 hours before, stabbed him
self over the heart in an obscure Long
IMand inn where he was found to
day. .
The 68-year-old man, described as
being in a "mental dare," stabbed
himself while police waited outside
his room for hlra to change his
clothes. Officers said they foind him
on the floor, bleeding from the
wound.
At a Mlneolo hospital, where he
was taken in a fire department am
bulance, his condition was said to he
not. serious.
HarrJman went to the Old Orchard
Inn at Foslyn late yesterday and reg
istered as "A. T. Thomas, Louisville."
Inspector Harold King of the Nas
sau county police identified him, how
ever, hy the Initials ".!. W. H" in his
hatband and in several garments.
Another note, described by King as
FIRS! OF FOREST
y FROM EAST
PORTLAND. Ore., May 20. (ZD
Two hundred and fifty men from the
middle-west, the first contingent of
the 64.000 or more civilian conserva
tion corps recruits who will come to
the camps In the forests of Oregon,
Washington and Idaho this summer,
are scheduled to arrive at Vancouver
Barracks, Wash., Monday morning,
They are coming aboard a ten car
special train from Fort Sheridan. Ill
The train will be the first of aev-
orol to bring men out west to go to
work on forest projects. Others will
follow, it waa said, as rapidly as the
forest wprks camps are made ready.
A total of 18,000 men will be as
signed to 00 camps in the national
forests, on state and private lands
and in national parks and Indian res
ervations of Oregon.
The forest service here has not yet
announced to which camps the first
detachment of recruits from the east
will be sent.
a ;
MAY DELAY BILL
WASHINGTON, May 20. (AP)
President Roosevelt must decide
whether ho Is willing for the house
ways and means committee to delay
his 3, 300, 000,000 public works-industrial
bill long enough to Insert the
administration's new plan for help
ing the oil industry.
That was the decision announced
late today by Chairman Doughton of
tho committee, before which both
bills are pending.
indicating "suicidal intent" was found
on the floor when the Inspector en
tered the room earlier in the day, It
asked his relatives "be Informed."
"Arc you Mr. Harrlman?" inquired
King.
"No," Harrlman answered. "I am
A T. Thomas of Louisville."
"You're not Joseph W. Harrlman of
New York?"
"No."
"Why did you conic here?'
"My son died around here' some
time ago,' Harrlman answered.
His only son. Alan, was killed in an
automobile accident near Roslyn, and
is burled in the Locust Valley ceme
tery. King learned the banker had ar
rived at the inn In a taxlcab after
stopping at Locust Valley. Police hart
guarded the cemetery there all nig.it
because of their knowledge of how
deeply Harrlman had mourned his
son's death. Apparently he did not
visit the boy's grave.
King described Karri man as appar
ently "In a mental haze," but said
his attitude, while insisting he was
"Thorn ns," was friendly.
H. OFFENBACHER
OF APPLEGATE
TAKES 01 LIFE
Henry, Offenbacher, 60, member of
the well known pioneer family of the
Applegatc district, was found dead
late Friday on a hill neighboring his
brother's farm, a bullet wound thru
hla head and a .38 revolver nearby,
whore it had fallen from his own
hand.
The man had suffered from a ma
lignant Illness for several years, ac-
cording, to Coroner Frank Perl, who
with state police and tho county
sheriff's office Investigated the case.
To end the pain, which could mean
only a slow death, he fired the bullet
Into his right temple. It traveled on
through his head bringing death at
approximately 2 o'clock Friday, the
coroner reported.
Mr. Offenbacher had dined at the
home of hla broth or, Fred, at noon
Friday. Following tho meal, Mr. and
Mrs. Offenbacher left for Medford to
shop. Henry Offenbacher soon after
their departure evidently took his gun
and went up on the hill, where he
ended hla life. -Ho was found there
about 7:30 o'clock by Scd Brewer. Of
ficers were summoned and returned
to this city from the scene of the
tragedy about 10 o'clock, Mr; Offen
bacher came to Jackson county 'I
1881. He drove stage for 10 years In
Klamath county, when ho resided for
many years.
He leaves threo brothers, Fred. John
and Herman Offenbacher, and one
sister. Mrs. James O'Brien, all of Ap
plcgate, also two nieces and five
nephews.
Funeral services will be held Mon
day at 2:30 o'clock at the Perl Funer
al parlors with Rev. Wm. J. Howell
of the Presbyterian church delivering
the sermon. Interment will be in the
Jacksonville cemetery.
A ft,, ,
ft
1,1 ,i
f i ' Oa- Z
11 V 17" .3
V. Yates. Will L. Townsend, Gordon Dunn, Charles E. Ashby, Mrs. Pearl
Wicks. Standing, left, Lee Young; right, Raymond Dunning, alternates,
Front row, left to right L. K. Page, Mrs. Jessie Bertsch, J. A. Phelps,
Mrs. Myrl B. Lfghtfoot, Mrs. Lucy Ludford, Mrs. D. D. Conley.
BASEBALL
Yesterday's Results
American.
R. H E.
Bt. Louis 4 0 0
New York 2 6 0
Batteries: Hrbert and Shea; Bur
ring and Dickey.
R. H. B.
Cleveland 3 6 1
Philadelphia - 7 11 0
Butteries: Hudlln. Harder. Crag
head and 5pencer; Cain, Grove and
Cochrane.
R, H- B
Chicago 0 8 1
Washington 7 14 1
Batteries: Lyons. Hevtng. Fraaler
and Gruhe; Weaver and Seweii.
R. H. E.
Detroit . -. 5 8 1
Boston (t 0 0
Batteries: Bride. Wyntt. Rowe
and Hayworth; H. .Tohneon and Fer
rell. Nntlonal,
R. H. B-
New York 1 11 0
Bt. Louis 4 0 0
Batteries: Bell, Uhle and Mnncuso;
Denn and Wilson.
R. H. E.
Brooklyn t 5 1
Chicago 3 6 1
Bntterles: Benge. Outcn and Lopez;
Wnrneke and Hartnett.
R. H. E.
Boston - 4 7 0
Pittsburg 2 9 0
Batteries: Cant well and Hnrgrave:
Melne, Chagnon and Padden.
Second game:
Boston ..... . fl 11 0
Ptttshurg 7 10 1
Bntterles: Betts and Hogan, Har
grove; Swift. Harris and Padden.
R. H. E.
Philadelphia 7 0 ,2
Cincinnati 6 13 1
Batteries; Pearce, Moore, Collins
and DavIs; Kolp, Quinn, Johnson,
Smith and Lombard!.
Const.
. R, H. E,
Missions . 4 7 4
iLos Angeles .,,.; 5 10 1
Batteries: PiUette and Duggan;
SUtaael, Ward and MoMulleni-- -
R. H E.
Seattle ,. 3 6 0
Onkland , 4 8 0
Batteries: flewell and Cox; Walsh,
G abler, Flober and Voltman,
R. H. E.
Portland 7 15 1
Sacramento 2 10 0
Batteries: Kalllo and Pal mien no;
Flynn, House and Woodall.
R. H. E.
Hollywood 8 12 2
Seala 7 13 1
Batteries: Snellen back and Bossier;
Frcitas, SLlnc and Molsaac.
BEER 5 GTS. A GLASS
POPULAR IN SEATTLE
SEATTLE. May 20. (UP) Seattle
drank beet at a nickel a glass todayl
The pro-prohlbltion price for a
.'ilflss prevailed at a local hotel and
It more, than doubled tho restaurant
trade.
and Wife
sr- a
tMiimn.im.uiHJnujj.WM'M
f r '
It 11 i j
BUSH
IE IS SEEN IN
Advance in Building Expendi
tures and Boost in Com
modity Prices Shown in
Survey Load More Cars
CHICAGO. May 30 ($) Rlslnjf
lines sketched on the nation's busi
ness graph today an Index of acceler
ated building construction and cotton
spinning, improved textile wages,
steel furnaces relighted rrd freight
carloadings surpassing the previous
year's level for the first time Bine
Oct. IP2f.
The labor department at Washing
ton announced an. advance of 31 3
per cent in bulldln expenditures
from March 15 to April 15. and a
small gain In wholesale com mod try
prices. The commodity price index
stood at 60.4 for April, against 60 3
for March and 65.5 for April, 1033.
More Cars Loaded
Freight loaded on the railways last
week totaled 531,095 cara. an Increase
of 13,835 cara over the same week of
1933 and a gain of 7,376 cara above
the preceding week.
Steel operations in the Cleveland
region were reported at 69 per cent
of capacity. The magazine "Daily
Metal Trade" forecast increases both
at Chicago and Pittsburgh. At
Youngatown steel making is expected
to move from 40 to 43 per cent of
capacity next week. Firing or addi
tional furnaces at Gary, according to
Dow, Jones 4; Co., is likely to brinjf
production next week to 40 per cent
sgatnst 33 per cent last Monday.
More Coal Mined
Estimated coal production teat
week was 5,050,000 net tons for a
gain of 800,000 toni, nearly 10 per
cent above the level of a year ago.
Residential building construction
oast or the Rockies in he first half
of May Jumped 36 per cent over the
first hnlf of April while a ten per
cent decline la the seasonal normal,
the F. W. Dodge Corporation reports
showed.
Cotton spinning during April was
at 95.7 per cent of capacity on a
single shift basis, the census bureau
reported. This compared with 93.9
per cent in March and 70.7 per cent
during April last year. Twenty five
per cent more spindles functioned in
April as compared with a year ao,
and two per cent more than whirred
during March.
Many Signs Noted
A wide variety of other factors In
the Industrial picture gave evidence
of an upward curve. Among thesa
were:
Announcement of a payroll Increase
of $160,000 a month effective July 1
in the Douglas fir piwood industry
of Oregon and Washington. The av
erage wage wlll be 3.40 dally, about
80 per cent or the pre -depression
scale, affecting 6,000 employes.
Production or automobiles at tha
Plymouth. Motor corporation plant
was advanced rrom 26,000 to 32,000
cars for the month, largest produc
tion schedule in the company's his
tory. Out put of the automobile Indus
try in the week ended today was es
timated by Crama at 65.801 units,
highest since June, 1931, ninth suc
cessive week showing a gain and an
Increase of 4.130 cars over the week
of May 13. ,
Furniture Sold Out
The spring furniture market at
Jamestown, N. Y-, was reported a
"sell-out" for the first time in five
years and Jamestown manufacturers
advanced their output. ,
JVILL
ROGERS
so
WASHINGTON, Jtiiy 20
Dinner in Hollywood, break-'
fast in Fort Worth, lunch in
Little Rock, dinner in Cincin-.
nati and breakfast in Roosevelt
villp, D. C. (Depression con
cluded). Mere as a delegation of one
from the American Comedians'
association to get some aid from
the Reconstruction Finance.
No industry has been hit worse
than ;the professional humor.
There is too much unconscious
amateur talent. TVe hope to pay
off the R, F. C. (like the bank
era and everybody else does) in
laughs.
Toure,
rfoO
0)1111 M&vi2'i' 1