PAGE TEN
JfEDFOTCD MAIL TRIBUNE, MEDFORD, OREGON, THURSDAY, JULY 13, 1933.
SCHERMERHORN'S
WHISPERINGS 10
SEXTONS BARED
Hour's Conversation Be
tween Ballot Thieves and
Sheriff in City Jail Cell
Recorded by Officers
Oordan L. Schermerhorn, suspended
sheriff, on trial charged with ballot
theft, when oonflnM February 25
last, in the tomen'i ward of the city
Jail, following hie arreat, "whispered
admlsalona" and apoke "denials loud
ly," In mora than an houra converea
tlon with the Sexton brothers, Wil
liam J. Looker, court reporter, and
Sergeant of Detectlvea Jamea O'Brien
of tha atat police, teatlfled Wednes
day afternoon, aa the final wltneaa for
the atate. The atenographlc notea
substantiated the main contentions
of the atate'a chief wltneaaea.
Sergeant O'Brien and Court Report
er Looker were atatloned at the cell
where Schermerhorn was placed with
the Sex bona. Looker waa atop the cell,
and Sergeant O'Brien In a, bathroom,
The conversation between tha trio
lasted one hour and fifteen minutes,
It waa testified.
Conversation Recorded
Looker waa unable to get a ateno.
graphic report of Schermerhorn's
whispering ao Sergeant O'Brien, who
atood within four feet of Schermer
horn took It down In long-hand. In
a note book. The defense objected to
this evidence but the objection waa
overruled.
High polnta of Sohermerhorn's
whispered words, aa told by O'Brien
were:
"Don't tell anything boys," and on
another occasion he called the Sex
ton boya closer, and said, "Don't tell
They can't get anything on you. Sit
tight."
"Did you see me standing across the
atreet?
"Have you told anything?"
"Aa long aa John (Olenn, former
county jailer) told you, I wanted you
to help, keep It to yourself."
"Well, If John told you ha would
pay you keep It to yourself."
Counseled silence
Schermerhorn, the evidence showed
repeatedly told the Sextons to "keep
your mouths shut," "keep atlll," and
often expressed concern that 'there
la a microphone on top of the cell
don't talk ao loud."
Burley Sexton did moat of the
talking, with Wilbur a listener, but
he also assured Schermerhorn, he "had
told nothing."
The stenographic notea aa read by
Looker, ahowed that at one stage
Schermerhorn aald:
"I'll bet you a nickel, they get Earl
Hchl in thla. They will arrest him
Just for meanness."
Burley Sexton answered: "If they
arreat everybody who was there they
will have the Jills full. There were
40 around back of the courthouse.
Those that were not packing ballots,
and driving care, were running mea
aagea." Secret Service Man Feared
Schermerhorn aald, at another
point: "I aaw Joe Daniels out there.
He aald there waa a aecret service man
around," and Burley, aurprlaed, aald:
"Did Joe aay there were aecret service
men back there? If there was, he waa
helping."
Schermerhorn, the record ahowed,
onoe aald loudly:
"Well, gentlemen, I don't know
anything, and I aaw nothing, and ao
It will be a short story, I will have
to tell."
Schermerhorn also aald: "Joe Oave
la out, but I'm In here. I've got his
bond in my pocket, and he'a looae."
Another bit of conversation between
Schermerhorn and Burley waa:
Sexton: "What'a the matter with
thla country anyway. What'a all the
yow-yow' about?"
Schermerhorn answered: "It'a Banka'
paper. A new bunch are moving in
there today."
Ballot Robbery Botched
"Whoever planned that ballot rob
bery, sure did a poor Job of It." waa
another remark attributed to Burley,
along with hla vow, "If I ever get
out of here, I am going to a country,
where they have no sheriffs, Jails, or
ballots."
Burley (old Schermerhorn:
"If It hadn't been for John (Olenn.
former Jailer, acquitted July 4), and
Brecheen I wouldn't be In thla mess
I bet I get ten years. Well, I'm only
21. I'll be 30 when I get out, and
have 20 yeara to live If I live that
long."
Schermerhorn. the record shows, ad
vised the youth, to "sit tight till
you're out, and then settle with
John."
Schermerhorn predicted, "the whole
thing will blow over In a few days,
and then they will turn you loose,
when they find you won't tell any
thing. Don't tell anything. Just tell
them you don't know anything."
"rhertnrrhorn !lgi"trrl
At one point, Schermerhorn, In
deep disgust ssld:
"THIS IS OOODI THIS IS OOODI"
Attorney Von Schmslr, objected o
the Inflection Looker placed on the
words, but was overruled by the
court.
There was an argument between
Burley and Schermerhorn, whether or
not the former had seen him aland
lng on Laurel atreet. when he drove
away with hla brother and R. C.
Cummlnga. with the first four stolen
ballot pouches, and the official had
waved at him.
Schermerhorn Insleted. "I waa not
on that aide of the atreet." and the
youth closed the debate, with: "Well.
It aure looked like you. I aaw you In
the headllghte. If it waan't you. It
waa Just like you. I waved my hand,
and you waved back."
Pronil.ed to "I'lv, It"
Sergeant O'Brien testified further,
that about 9:30 on the night of the
vote looting, he "cruised by the court-
nouse, to see what the congress "waa
doing." and aaw Schermerhorn atand
Ing on Laurel atreet. Hla attention
was then attracted to the glare or
headlights, moving out of the rear
courtyard, and when he looked agsin.
Schermerhorn was not la sight.
Tea minutes later O Bilen was park-
BREAK GROUND FOR LARGEST BRIDGE
A tit. J
Former President Herbert Hoover Is shown aaslstlng Laura Heater
Phelps, California plonasr, remove soma earth with a golden apads on
Verba Buens Island, In tha middle of San Francisco bay, at ground
breaking ceremonies Inaugurating construction of an elght-mlle bridge
to connect San Francisco and Oakland. (Associated Prsas Photo)
ed at Main and Riverside streets, and
saw the two Sexto lis pass In, a Ford
coupe. The next morning, when he
learned of the ballot theft, hla sus
picion wsa aroused, and the Sextona
came under aurvelllance. It later de
veloped that the car coming out of
the courtyard was driven by Cum
mlnga, with the first stolen votes,
that were cast Into the Rogue at By
bee bridge.
O'Brien aald when Schermerhorn
was first arrested, he asked why. and
waa told that the evidence) Indicated
that he waa Involved, and ahowed him
the note Burley Sexton had attempt
ed to amuggle to John Olenn, asking
for the promised money to procure a
lawyer, and that Schermerhorn re
plied, he waa Innocent, that his story
wouia ne snort, and that he had not
been at the courthouse," but spent
some time at the Mall Tribune." O'
Brien then told the official that he
had seen him on Laurel atreet.
Arrest Called Spite
Schermerhorn, the recorda ahowed.
complained, because he was not giv
en pnone. privileges, and declared
"my arrest Is the result of spite,
"they want to humiliate me " and
"they think nobody can run the aher-
Iff a office but Ralph."
O Brlen teatlfled that Schermer
horn had never told him of the find
ing of the ax, aa he promised to re
port when It waa found In the base
ment, but that he had given him
piece of tape-like material, found at
the southwest corner. The defense
Insisted thla had been wrapped around
hammer. The atate contends, a
hammer wsa packed up the sleeve of
Walter J. Jones, convicted Rogue Riv
er mayor, aa he stood guard, at the
southwest corner. '
O'Brien further teatlfled, under
cross-examination, that any proffer
of assistance In Investigating from
Schermerhorn would have been em
barrassing for all concerned, "In view
of the altuatlon."
Following the testimony of Look
, the court ordered a traiucrlnt of
the testimony for the defense, with
instructions they be given time to
cross-examine him later. Court then
adjourned at four o'clock until this
morning.
IS BURNED 10 DEATH
ruary Yates, 4-year-old daughter of
Mr. and Mra. Albert Yatea, burned
to death at their home In Klamath
Kalla eaturdsy, while playing with
matches In the gsrnge, according to
word received here by friends. Fun
eral oervlcos were conducted In
Marshfleld yesterdsy.
The Yatca family formerly resided
WAKE UP YOUR
LIVER BILE
WITHOUT CALOMEL
And You'll Jump Oat of Bed in
the Morning Rarin to Go
Tf ytMi fra) tmir fen A rank and th world
tfw.lcs mink, don't rwallow I tit of ullt,
fmniYaal wtf, oil. laiatim randy or fjifwtnj
ffum and ciprct them to maka you sniddaal
njt and buoyant and hill of tutuhin.
For tby can't do tt. Thy only tnnv the
howla and a mr tnovmnrnt domn't ft at
th rain. Tha mucin for your down-and-out
trin it your ltrr. It ihould pout out two
pound of liquid btl Into your nowtla daily.
If thi nila la not (lowing ffwly, your food
dooan't drgmt. It loat dtvaya In tha howsla.
Gm bloat up your stomach. You hava a
thick, had tasta and vntir hraath ta foal,
ikin oftpn braak out In Wmbhf. Your had
rhj and you feri down and ouL Your wool
tyittun ia polaoned.
It Uke thoaa foM. old CARTER'S
I, ITT I. K MVt'.H f'lLLS to ft tha two
Kunda o( hila flowing (rJy and mak you
4 "up and up." They contain wonderful,
barmlana, gvntla Tctahla attract, a tuning
When it comaa to making tha bllt (tow fiwly.
But don't aak for lircr pill. Atk for OarUtr'a
UtU Uror I'tl la, Iook for th nam Cartar'
I-lltU Li w Hilton tha rod 1ahl. Iltwnt a aulv
ttituta. it at drag itoraa. O ItUl C. M. Co
SBVKHIN HATTKKY ftKKVICK
Mrdford Madt Hatteiiea
6 volt 13-plate flQ on
1 yr. arantceO-CU
Rfrharitr, our mak. 8.1c
Mi No. Rhmtflf. Phone SIM)
old nrnwth
Body Fir
OK
W"Z WOOD
Per Tier
H Load
VU.
CO.
l.r.V llll,
Tel. !H
In Mcdford, where Mr, aYtea oper
taed the PePerless meat market. They
left here a year ago last Fbruary.
Mary waa their only child.
SALES TAX 1ST
E
Ten Amendments, Measures
and Questions Before
Voters On July 21 In
Force Only to July 1,1935
STATE HOUSE, SALEM. July 13.
(DP) Of 10 amendment, measures
and, question which voters of the
atatas will consider July 31, probably
none hu aroused more Interest and
controversy than the proposed sales
tax.
The measure would "provide for
raising revenue by Imposing a tax on
gross Income derived from sale or
use of tangible or personal property
and personal services." Two per cent
tax would be derived from most re
tail sales. Wholesale sales and re
turn from the publishing business
would be assessed three-eights of 1
per cent.
Six Exceptions
Exceptions to the provisions of the
act are as follows:
1. The amount of any retail sales
of motor vehicle fuels on which a
sales tax la already In force In the
state.
3. Insurance premiums and con
siderations for annuity contracts.
3. Employes rendering personal
services for which compensation Is re
ceived In form of ordinary wages or
salaries.
4. Gross sales up to 150 a month.
5. P&rm products and livestock
when sold b'y growers for resale.
6. Gross Income from sales to the
United States government, to the
state, or any county, municipality,
school district, or other subdivision.
Each taxpayer of the stat is to
make his report on or before tha 10th
of the month for the month preced
ing. Credit sales may be held out
and reported when payment la made.
May Attk Revision
A taxpsyer may appeal to the state
tax commission for revision of the
amount assessed against him, and
may appeal from the decision of the
commission to the supreme court.
It will be impossible for newspa
pers or curious persons to determine
a taxpayer's income, for the law
prohibits the tax commission or any
of Its employes from making known
gross sales, taxes paid, or any other
particulars concerning Individuals.
This shall not be construed. It Is
stated, to prevent publication of sta
tistics so classified as to prevent
Identity of particular reports or re
turns. Penalties Severe
No taxpayer msy advertise trtat
taxes Imposed are absorbed In and
not added to the price charged for
hla merchandise. Penalty Is a fine
of $103 to aiooo. Fines or Impris
onment will penalize persona making
fraudulent returns, while those mak
ing Instifflclent returns by error will
be penalized and charged Interest.
Failure of a taxpayer to make re
turns will authorize a lien against
personal or real property owned.
All funds derived from the sales
tax will be paid Into Vie state treas
ury and apportioned as follows:
1. Administrative purposes.
3. $1,487,918.18 In payment of sec
ond hsir property taxes due the state
from the counties.
3. $518,897.33 to sinking fund of
world war veterans' state aid com
mission In lieu of half-mill tax pro
vided by law.
4. $250,000 to fund for relief of
unemployment.
6. One-half remainder apportion
ed to counties In proportion to valu
ations of taxable property.
6. Remaining residue to remain In
state general fund.
In Force Two Tears
No property taxes will be levied
against personal property while the
sales tax Is In effect. The law pro
vides that the measure shall remain
In force only until July 1. 1936, un
less It should be renewed by the
1935 legislature.
Affirmative argument on the sales
tax was filed by the property tax
reduction committee, of which M. 6.
Schrock of MUwaukle Is chairman.
Principal argument given Is bur
den on real estate under the property
tax rystem. Receipts from income
and intangibles taxes are inadequate
to meet state expenses, It Is said,
while the restored state property tax
constitutes a further drain on the
counties. Delinquency of county
property taxes Is about 65 per cent
for the first half of 1933. It Is al
leged bankruptcy looms for many
Oregon counties unless the sales tax
is approved. Proponents estimate the
levy will get about $6,000,000 a year.
Orange Opposes
Negative arguments were filed by
Northwest Trade Executive Associa
tion, J. J. Lynch, secretary; and Ore
gon State Grange, Ray W. GUI, mas
ter. The trade association charges
the tax Is not based on ability to
pay but bears heaviest on those who
have little to spend, and that It
will Increase difficulties and costs of
the retailers; encourge consumers to
purchase outside the state; tax luxu
ries ca the same basis aa necessi
ties; and should have a tendency to
promote further governmental ex
travaganoe. would be pyramided year
by year, as was the gasoline tax.
Argument by the state grange
states a graduated Income tax Is the
only fair and scientific levy, that
sales tax would be merely an addi
tion to the top-heavy property tax;
that It will be shifted back to the
producer and consumer; that It will
tend to destroy the market for goods;
that 'It violates every principle of
just and scientific taxation.' 'and
was "conceived In selfishness and
written In confusion."
Oregon Weather
Fair tonight and Friday; continued
warm In the Interior; gentle to mod
erate northerly winds offshore.
Order Select Body Fir Wood Now
DON'T wait
ct Bod
1
.25
Per Tier
By Load
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1123 N. Central.
TURKEY FEED
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We are now experiencing an unusually strong
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Rl
mm
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AT M0
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