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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (July 26, 1933)
P'A'QE etgttt MEDFORD MATL TRIBUNE. MEDFORD, OREGON", "WEDNESDAY, JULY 26, 1933. GLORIOUS CAREFREE DAYS IN THE WONDERLANu OF THE CANADIAN ROCKIES All-Expense Tours Now Being Featured by the Canadian Pacific at New Low Prices With the Lowest Rail Fares in Years STATE WITNESSES Eleanor Engaged FOR FEHL TRIAL JOURNEY TO REMAINS IN JAIL LABORIOUS TASK E BRECHEEN BONDS UNSATISFACTORY; W a aV T - ft B. D Balsl-eT, Klamath Fill Ford agency dealsr, the first , Tsnlremsn ealltd to tha Jury box Tuesday morn ing, mi excused bf tha court, attar axtsnslre questioning by defense counsel. Balslger said that he bad discussed tha ballot theft cases In a general way with 0. B. (Pop) Qates, Medford civic leader, and brother Shrlner, Kl- wanlan. and Ford daawr, also John U. Boyle. California Oregon Power com pany manager at Mediord. and w. A Gates. Medford merchant. Balslger said he could be a fsJr and ImpartlU Juror, and that the conversations be bad with Medford people on the case would not Influence his verdict. "Medford used to kid us about our courthouse, so I kidded them about their ballot robbery." Balslger said. Balslger, under questioning by the court, admitted that his talks with "Pop" Gates, "bore weight" with blm but would not influence his verdict. Challenge Allowed The defense challenge wae then al towed by- the court. Nelson Reed, a sawmill operator of Klamath county, said he was an 1n tlmate friend of Circuit Judge Wll Ham B- Duncan of Klamath county. and that he often visited with the Jurist. They had never discussed Judge Duncan's Jackson county experiences, except "to Josh him about having a bodyguard. Defense counsel inquired If Fehl'a filing of an affidavit of pre judice against Judge Duncan would affect his verdict and If he would have "to make any apolges to Judge Duncan for hta verdict." The venire man replied "absolutely not." Reed was excused by the defense on Its fifth challenge. . John Glaoomlnl, a farmer, tenta tively selected as a Juror, was excused tbls morning, by the court, so ha could care for his crops. H. B. Jenkins accepted as one of the Jurors Is the father-in-law of Dr. H H. Ooe of Medford. Earl E. Walker of Bly. was excused on the defense challenge, and Ed Oe tendorff, Klamath Palls auto dealer was drawn in bis plsos. Oetendorf asked to be excused, on the grounds that he had read much about, and often discussed the Jackson county ballot, thefts, and had opinions. He was excused by the court. The defense, besides Wslker, ex cused R B. Wright, farmer, Klamath Palls, snd Walter Locke. Klamath Falls auto denier, was drawn In his place; Howard 8. Abbey, Klamath Falls gai-ageman, and Frank Howard. Kimath Falls mill worker was drawn In his place; and J. W. Kerns, Klam ath Falls, president of the Chamber of Commerce In whose place was drawn, William Zumbrum, Fort Klamath, farmer. The state In the exercise of Its first challenge excused Mrs. Viola Dunbar, of Klamath Falls, and Frank Ssvsge, Chtloqum merchant, was drawn In ber stead. The defense attorneys fn their questioning of Jurors asked. If thsy were acquainted with Former Sheriff Ralph Jennings of Jackson county, who Instituted the recount proceed ings, which when ordered, the stste contends, was the motive . for the theft and destruction of the ballot pounches, the extent of their resdtng and talking about the case; the views of the veniremen upon the right of free assemblage, and 11 they believed any cltleen had a right at any time, to see hi county Judge. Veniremen were aiso asked If the fact that De fendant Pehl haa filed an affidavit of prejudice against Circuit Jude Duncan of Klamath county would In fluence them. Impress Nature of Course The defense attorneys also Inquired If the Jurors knew Attorneys O. 0. Bogga, Gus Newbury, and 8. B. Kelly of Medford. The main points of the state's ques tioning were: "Do you realise this Is criminal case, and not a political matter?" have you any aversion against the testimony of state's wit nesses, who have entered pleas of guilty; will you be swayed by sym pathy, and If the Jurors were mem bers of the Tut Payers league, of which Attorns John Irwin, for the defense Is a presiding officer. Assistant Attorney cneral Moody asked each prospective Juror, of they would be governed solely by the evi dence, snd ths law, as given from the bench. The defense la represented by At torneys A. 0. Hough of a rants Pass. H Von SchmalB of Burns, T. J. En- right of Medford, and John Irwin of Klamath Fills. The state la represented by Assist ant Attorney Oeneral Ralph E. Moodv. Deputy District Attorney Oeorge W. neiison or Jackson county, and Dla trict Attorney Ted Cllllenwaters of Klamath county. Most of the veniremen axsmlned Monday, ssld they hsd not followed the case closely, snd "only read the neaannea in their home psper. and the Oregonlan" Two of the Jurors admitted a casual acquaintance with Former Sheriff Jennlnga of Jackson county. Howard 8. Abbey, Klamath Falls garageman, and U. E. Reeder, farmer. who said they had an Intimate ac quaintance with District Attorney Ullllnwsters were excused by the de fense. Abbey also has a brother la bust, ness In Medford. but said he had nev. (t discussed the ballot stealing with him. Abcey did not believe his friend' ship with the district attorney of Klamath county would affect his views. The court uvr.ed Abbey at one point, and commented: "The attor neys are not on trial. Judge Fehl the defendant, and friendship Is not at Issued t'.'ibey waa excused on the ucond challenge of the defense. Roy Taber, a garagrman of Merrill ' It, response to queries of the defense replied thst he "only read the need lines in the ballot theft cases." but "hart followed f A. Banks' shooting of Constable Prescott." The fact that the defendant hela an official post Uoo would tut Influence him, Taber I '"tip lW y; InKri' i. " inn, i i.iiii.iin. i ; J5. ; . k-a Encouragnd by the succeaa of the All-Expense Tour operated last year In the Canadian Rockies, the Cana dian Pacific la now offering a wid er, more diversified program of toura for your entertainment. Four 'different all-expense tours ranging from four to six days, Including days at the Banff Springs Hotel, the finest mountain hotel on the American continent Here you can play golf on a championship course, play tennis, ride the trails, go swim ming In warm sulphur water pools, and dancing In the evening. An other stay Includes tha Chateau said. Taber ssld he met Former Sher- ff Jei nlngs several years sgo. ui Riha Ruler, answered sll de fense md state questions satisfactor ily, i he had only -'read ths head lines.' sd hsd no acquaintances In Jacksto. county. J. w. Kerua of Klamath Falls, a member of the school board, and identified with the Chamber of Com merce, also excused by the defense, said that he had been In Medford. on the morning of the ballot robbery. and had visited the courthouse, and talked with several Medford people about It. He formed no opinions from whst he saw snd heard, he said. Kerns also said he knew Oliver Martin, one of the defendants In the case, and former resident of Klam- atn county. Kerns ssld he knew Mar tin as an "unsuccessful farmer," and that be owes him a smsll account." Kerns said this would not prevent him from being a fair and Impartial Juror, Ed Oetendorf,. auto dealer, called when Earl Walker was excused by the defense, told the court thst he had taiked about th case, and hsd resd about It, and desired to be excused becsuae of ftxed opinions. The court asked Oetendorf, "you're sure you don't went to get off this Jury, Oe tendorf said "no, snd the court ex cused him. BEAUTY AND a VTfw.'-'-.. ' F-,, CZ3aN It a i'V vj 5- a B.!-UI.y a V W'M -f,nty wai fMturd ,n on ot th flrsateat fields of feminine swimmers and divert ever sathertd In th national A.A.U. champlonihlpt at Jonea beach on Lon Island, New York. Eleanor Holm, who deserted mot, on pictures to defend her 220.vard b-ch. tT m"; Su f,t:1, o"' '! hf 'i.f .lht 'rCOnd h,al q th 10-metrfr y im which w won by Lenor. K.ght wno la si left. Mite Klght, Homestead, Pj., advanced Into the plce vacsted by Helen Madiion by winning the lOOmttonnd one-mile free style lltlea. Btlow are th w.nnera of the lOOmeter free style. Left to right. Mitt Klght, first; Olive Hatch, Lot Angeles, second, snd Alict Bridget, Whltlnsvlll, Matt, third. (AtwcitUd Prtit Photot) , ' ' n8', wna, ana amc Luke Louise, wltfi Its foreground of Iceland popples, the blue-green Jewel of a lake, and the glittering Victoria glacier as a massive back drop. There's lots to do and lota to see at this beautiful mountain re sort, w 1 1 tt Accommodations and service typical of this great trans portation company. The tours In clude a stay at the Emerald Lake Chalet with riding and hiking on most alluring trails, with alpine flowers everywhere and good fish ing and boating on the gem of a lake entirely surrounded by mas slve mountains. A picturesque auto FEHL TRIAL FAILS (Continued from r &s On.) mide her Appearance on the local scene. Defendant Pehl occuplw t place at the defense table, close to the Jury box. Mr. Fchl la aented close by. Fehl eat for the moat part with his faoe burled In hl' handa. At times he took a keen Interest in the pro ceedings and consulted with Attor ney Enrlght, suggesting questions for the veniremen. Fehl'a counsel has been augmented by Attorney John Irwin, an old timer of the Klamath county b&r with wide acquaintances. He la ostensibly em ployed because of his wide acquain tance In Klamath county. He la presi dent of the Klamath Taxpayers league. Each Juror waa asked by the state, if he belonged to this organi zation, and none answered in the af firmative. ABILITY COMBINED tour of the mountain district Is also Incorporated In the tours, visiting the Chalet Bungalow Camps snd the many scenic pointB Takakkaw Falls, pictured above on the left, 1 0 0 0 feet higher than Niagara. Johnston Canyon, shown on the right above; The Valley of the Ten Peaks, Yoho Valley, The Great Di vide, Snowpeak Avenue, Kicking Horse River, and many other mar velous scenic views. One tour of "Five Outdoor Days" will particu larly appeal to those who prefer being still closer to nature. The visit to Banff la omitted, and stops Zumbrum Known Here A mong the ve n 1 remen q u es 1 1 oned lata Monday afternoon was William Zumbrum of Fort Klamath, father of "Dutch" Zumbrum, a couple of years ago, a fullback of the MedTord high school football team. Zumbrum his a little daughter living In Medford, and attending grade school. He la also1 i elated to John H- Hughes, one of! the many candidates for sheriff a year ago. The atat questioned him on these points. Zumbrum said ne had talked little of the case; and knew only a smattering of the facts. The defense questioned veniremen, on an editorial appearing last Friday in the "Klamath Basin Progress' en titled "Just Pals." It pictured a re lationship between Attorney Elton Walk Ins of Portland, one of Ex-Sher-li f Schermerhorn'a attorneys In ti.e recount proceedings, and Mayor Mo loney of Klamath Falls. None of the prospective Jurortv had read the ar ticle, though a- few had seen the pa jier. The court, at one point of the af ternoon session commented to a Jur or: "you will try this case on the evidence not what you read In a newspaper." Apply for License Elizabeth Jane Oliver and Lester Clarence Beat of this city applied for a marriage li cense today at th county clerk's or floe. IN WOMEN'S A. A. 1 " jLJtss, iL'm j at two Chalet Bungalow Camps, ai Lake Wapta and Yoho Valley ari added. In addition to the greatly reduced hotel rates and the special ly low fares to Banff and Lake Louise, these "All-Expense Tours" properly timed to suit your con venience, offer a glorious vacation well within the budget. Special literature, fully Illustrated, and con taining all- details, together with the cost of the various tours, can be had by calling or writing to the Canadian Pacific offices In Seattle, or Tacoma, In keeping with President Roose velt's program to put more men to work and increase the wages of those already employed. W. H. Fluhrer of the Colonial bakery Informed the chamber of commerce this morning that he had increased wages 6 per cent effective last Monday. The chamber of commerce apprecia tes the action of Mr. Fluhrer and hopea that other firms will be able ta do likewise as the recovery pro g;;;m begins to take effect. Medford. like many thousands of other communities throughout the United States, has signified Its will ingness to cooperate with Hugh 8 Johnson, administrator of the Na tional Aecovery administration, and by increasing wages Mr. Fluhrer has fulfilled his part in keeping Med ford's pledge. Hull Vhlt Here Mrs. Seely Hall and Soely, Jr. arrived from San Diego, Caltf., to visit Mr. and Mrs. Court Hall. i5oely. Sr. will Join them the last of next month. He will fly from San Diego to New York and then to Medford. U. SWIN MEET KLAMATH FALLS, July 3. tats wttnesaea at the trial of Earl H. Fehl, county Judgs will be brought to this city dally by auto, and returned to Jackson county, as fas., as their ex amination Is completed on ths wit ness stand. This procedure la taken to clip the expenses, and It Is ex pected that the same methods will be employed with defense witnesses. The stats witnesses will be brought here in the morning, and returned to Medford that evening. If possible, by Deputy Sheriff Ed Leach, and Jailer Fred Kelly. They will be oalled for or. tbey are needed. Witnesses can be brought to this city In three hours, after call. It Is expected that the state will call 60 witnesses many of them not appealing In previous trials. The defense has signified that It will call nearly as many. Among the first witnesses to be called by the state will be County Clerk George A. Carter and Helen Dugan and Nydah Nell, deputies. Burley Mason Sexton, and his bro ther, Wilbur Sexton, as tn the other ballot theft cases will follow the county aides on the stand. Though close to 100 wttnesses will be called by both sides, the testimony will be short In most Instances. First estimates say the trial will last ten days. Scholhouses may be used for sev eral months a year to teach little chJIdren readln', wrltln' and 'rith r.'ettc. but a new utilisation of the building for summer months was dis covered in the Little Applegate re gion yesterday afternoon by state po lice Checking licenses near the Buncom school, whers a group of men were camped, all of the members silent ly disappeared, according to officers, leaving the camp deserted. Becoming suspicious, they decided to do a little Investigating. In their search, they took tn the school house, and In the bade part of the building discovered a six-gallon crock, with the remains of some teer mash, tbey reported. Police did not know if the men of the camp have returned yet, or not. To Butte Falls Ralph B. Horton. assistant regional forester in charge of lands, from the Portlsnd offices, Is a visitor here today, and with Karl L. Janouch, assistant supervisor of Rogue river national forest, made a t-lp to Butte Falls. Mr. Horton alio plans to visit the Moon Prairie CCC camp while ;n this district. Let Us Forward Your Paper Every Day While On Your Vacation! YOU WILL want to keep in touch with the folks M home . . . you'll want the last minute news of Medford snd the Rogue River valley. Of course you can't miss the comics you're following every day in the Tribune . . . Will Rogers, 0. 0. Mclntyre, Frank Jenkins, Dr. Brady and all the rest of the writers who have messages every day in the Mail Tribune. Art Perry's Smudge Pot, the daily continued story and the cross-word puzzle will all help to make your vacation enjoyable. Just Phone 75 We'll forward your paper daily to any vacation address. It costs very little and will add a lot of pleasure to your outing, wherever it is . . , Keep In Touch With the Home Folks Order the MAIL TRIBUNE Sent Daily While You Are On Your Vacation Eleanor Holm, 19-ysar-old swim ming star, and Art Jarrett, singer and acreen actor, are engaged and plan to marry In the near future. They will live In California. (Ail elated Press Photot ATTORNEY WILIS WILL BE WITNESS IN TRIAL OF FEHL KLAMATH FALLS. July 26. M. O. Wiiklns, former Ashland attorney, former Banks candidal for district attorney, and former legal advisor to County Judge Fehl and L. A. Banks, convicted slayer and former Medford agitator, arrived today In Klamath Falls, to be a witness for the state, In the trial of Fehl. for ballot-theft conspiracy. Wiiklns, now a resident -of Port land, arrived Tuesday, and was courtroom visitor. There was greeting between the lawyer and his former client. Wiiklns will be one of the major witnesses for the state, and Is pected to give evidence, tending to show the early formation of the con spiracy and that "It was never In tended that the ballots would be counted." Wilkin was also present at the meeting at Fehl'a home when appol nt ments were made for then Sheriff Schermerhorn. The state expects to call a half dozen new witnesses, several who will tell of what they saw and heard, at a maetlng of the "Congress" Febru ary Q, and what they have been told since. KLAMATH PALLS. July M. Denial of bonds proffered on behalf of Tom L. Brecheen. Ashland politician, held in the county Jail since Pebrusry 88. ss one of the co-defendants in the ballot theft indictment has been msda by Circuit Judge George F. Sklpworth. it was reported today. Brecheen Is tha only one 01 in. dsj. lot-theft defendants, not admitted to bonds, since Incarceration. The bonds were proffered lsst Sat urday by Attorney T. J. Enrlght. In the sum of 7500. Among those of fering themselves sa sureties were M. M. Simmons of Talent, Ed scnouars of Medford and John T. Glenn of Ashland, former county Jailer and pensioned Spanish war veteran, ac quitted of ballot theft complicity on July 4, by a Jackson county Jury of which Charles Blaess of Trail was foreman. Jay Croft, "the man In tha hore. hair coat," is the other ballot theit defendant, now held In the county Jail. He baa enjoyed a period of lib erty, but was returned to Jail when Mrs. Ernest Dshack of Esgle Point withdrew as bondswomsn. The nsme of Brecheen has ap peared several times In the trials thst have been held. The evidence showed thst he was a "guard" on the soutn side of the courthouse the nlgbt of the vote-stealing, that he conferred w)th the Sexton brothers on tha rob bery plans, later urging them to take more ballots,' and that he waa a privi leged guest In the county Jail tor meals and bed, and that he reposed In the women's ward the day fol lowing the robbery, to be driven that evening to Ashland by a county em ployee, Brecheen Is scheduled to come to trial here at the end of the Fehl case, to be followed by the trial of OUvr Martin, similarly accused. WALTER S. ALLEN OF APPLEGATE PASSES Walter 8. Allen, aged 64, a resi dent of the Applegato district, pass ed away Tuesday afternon. His wife, Maude Is the only surviving relative In this county. Two sisters, Anna Parrott, Rockaway, Oregon and Mrs, William O. Hanlon. Lead Point Wash., and one brother, William Allen of Vincennes, Ind., also survive. Services are being arranged at Conger Funeral parlors. Mr. W&ha Leaves o. A. Waha, of Portland, forestry .official who has been spending the past week at Union citek, has returned to Grant Pass on business. Yesterday he accom panied Hugh B. Rankin, supervisor of the Rogue river national forest to the Applegate CCO camp. - t!