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!