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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Aug. 5, 1933)
MEPFOBD VJJL TRIBUTE, MEDFORD. OBEGQy. SUNDAY. AUGUST 6, 1933. PAGE FIVE RE IN TRIO FEHL Attorney Hough for Defense Infers Watkins, Scher merhorn and Brecheen Hatched Ballot Theft Plot Closing argument for both sides in the Fehl trial, delivered by Assist ant Attorney General Ralph E. Moody lor the state, and Attorneys A. C. Hough or Grants Pass, and Attorney Herman von Schmale of Burns lor the defense, were replete with thrill ing passages. A full courtroom list ened rapidly. Attorney Hough provided the cli max for his cause, when he Inferred that ex-Sheriff Gordon L. Schermer- horn, his attorney, Elton Watklna of Portland, and Tom Brecheen of Ash land, a co-defendant, "were the last to leave the courthouse, and I guess the Jury can guess they Know as much about the robbery as anybody ''else." ' Attorney Newman and Schermer horn were both In the courtroom when the Implication was hurled, f Afterwards, Attorney Newman made a statement In which he declared the words were baseless and that Attorney Hough had no grounds lor mailing them. Hough In Implication. Attorney Hough included former Sheriff Ralph G. JenninRs, and for mer County. Clerk Delilah Stevens Meyer in his Implications, when he said: "It Is reasonable to presume that Delilah Stevens Meyer wanted Jen nings to remain aa sheriff . . . Jen nings was a dissatisfied candidate. He was interested In the recount. If you are going to let your suspicions run wild, let them run towards Jen nings." The state later characterized the words as "a desperate attempt to di vert the Jurora from Fehl." Both Attorney Hough and Von Schmala made sympathy pleas for Fehl, pointing to his grey-haired mother, by his side, and declaring "don't tear that blue-eyed; man of German descent from the side of that grey-haired mother." Attorney Von Schmalz brought all the dramatic power at his command In his plea, and Fehl and kin were deeply af fected. So was the attorney, who wiped his eyes frequently. "I am not going to abuse he Sex i tons," declared Attorney Hough, "but one of those boys Is a moron, and the other you can look into his fu ture, and see the penitentiary." Claim Political Plot. Both defense attorneys charged that Fehl was "the victim of a political plot,' and he has to be put out of the way." They stressed Fehl's activities to aid the unemployed last winter, and the "high esteem in which he is held in Jackson county, having a plu rality of 1500 vote over all candi dates. Attorney Hour;h lauded Henrietta B. Martin, president of the "Con gress." and Ariel Burton Pomeroy, active in the organization, as "wo men of brain power, and if they are I a sample of the membership, I want to belong." The chief defense counsel also de clared the defendant was a man "of loyalty and gratitude." thus explain ing his association with Banks. Gratitude. Assistant Attorney General Moody In his final plea, declared: "They apeak of the gratitude of Fehl. There is the case of Tom Bre cheen, who Fehl testified was Instru mental in securing 46000 loan to save Fehl's property. Brecheen has rotted In Jail since the day of his arrest, though Fehl secured bonds for himself, and several of the others. That's his gratitude. Other outstanding points of the state prosecutor's address were: "The collateral for the 95000 loan from J. T. Thomas of Ashland, that Fehl testified Brecheen aided in se curing, was the appointment of Clark Thomas as assistant Jailer, and John Glenn as Jailer. Fehl says they were temporary appointments, but the money was not available for Fehl until the appointments had been made, and young Thomas and Glenn were on the Job. "Counsel asserts that no needy person went away from Fehl with out aid. It la easy enough to be charitable with other people's money. Banks guards' were provisioned from the commissary on Fehl's orders, and they were housed in quarters, at the command of the Fehl rental agency. Why Did He Flee. "If Fehl Is Innocent why did he flee hide In the rooms of his attor ney while officers were searching for him. Von Schmalz admits It. It is not the duty of an attorney to hide his client, but Von Schmalz is proud of harboring a fugitive from Justice. Esteemed counsel has a dif ferent sense of ethica than myself. "They have told you of the high esteem with which Fehl Is held in Jackson county. If that Is true why did he Insist upon a change of venue from a county in which he Is held so highly? "A man by the name of Beckwith or Beckworth, who claimed he lived at Central Point, or some place around there, told this Jury that a. 8:30 o'clock he walked into the audi torium and secured a seat, when you could not have driven a flaxseed Into the place, it was so crowded. And, while seated there, he looked around and saw Phil Lowd, a man he did not know then, he admits, but could remember his face eight months later. "True there was agitation In Jtick son county, as defense counsel says, and It was inspired by Fehl and Banks and their like. Care Not Necessary. "It was nut necessary for Fehl, the county Judge, to hang around the court house, to turn off the lights in the auditorium. Janitors were hired for that purpose. He did not turn off che lights on the rostrum where sat Henrietta B. Martin, her father, the secretary of the 'Congress', the witness who said the membership cards were destroyed on the day the indictments were returned, his wife, L. A. Banks and L. O. Van Wegen. Docs any member of this Jury doubt that this group knew the ballots were being destroyed and stolen, and that they were waiting for a signal from Jones to go to their car In the rear? "There la reason to believe that If the ballots had been counted. Scher merhorn would have lost his office, and the title to the office Fehl held would have been In doubt. "Witnesses for the state and de fense have placed Fehl around the courthouse at t time he and John Glenn swear they were in hts office talking about a loan. What Did They Dor Fehl, Jones, Bchermerhorn, La Dleu, Ward, Brecheen, Croft and Walker and others attended the meet ing in the county judge's office be tween five and seven on the evening of the robbery. They wen making out bonds for L. A. Banke. Any typist will tell you It can be made out in live minutes, but they took two hours. We will be liberal, and give half an hour, as they claim. They have not told you what they were doing the rest of the two hours. The defense la based upon half- truths, and a half truth-makes a whole lie. They tell you of Fehl's aid to the poor, and stress the fact that John Glenn was acquitted. The state now tells you Arthur La Dleu. for mer business manager for the news paper of Banks, and the rendezvous of the countyfed Banks guards, stands convicted. That Walter J. Jones, the mayor of Rogue River and general issimo of the crime, stsnds convicted. That Sheriff Bchermerhorn stands convicted. "The state of Oregon la not seeking vengeance but It does want Justice in full," FIND FEHL GUILTY Gilmore Initiates Travel Service pL-'j A travel promotion service which promises to bring wide spread pub licity to Oregon and the entire Pac ific Northwest has been Inaugurat ed by the Gil mora Oil company wltfc the placing in service of the Gil more 8cout car which was a visi tor in Medford yesterday. It Is planned for the car to cooperate with chambers of commerce, news papers and oher civic agencies In the g Uherlng of travel news, ac cording to C. W. "Chuck" Sills, lo cal 0 1 mo re manager. Pictures and stories obtained' by the car will be distributed to news papers of the entire Pacific coast by Gilmore and made available to Associated Press, United Press and NEA for national release. The Gilmore organization waa In strumental In obtaining considerable publicity for Southern Oregon thla spring with Vie opening of Crater Luke park. pleas of guilty, will be made as soon as possible thereafter. Disposal of the cases of Oliver Mar tin, and J. Croft, "the man in the horse hair coat." will be next week, at Klamath Falls. The pair will be tried Jointly. Claude Ward, brother-in-law of L. A. Banks, has asked for a separate trial, and will be tried later. Others Tp Next Week As soon as Judge Skip worth con cludes all matters connected with the Jackson county cases, he will re turn to Eugene, and take action In the cast of L. A. Banks, convicted slayer and local agitator, who is said to have enjoyed many liberties, since his conviction May 33. This ceased a week ago; when Assistant Attorney- General Moody directed the sheriff of Lane county to keep Banks incar cerated and not to allow him any prlvtllges, other than those accorded other Jail inmates. Three months or since May 1, have been devoted by the authorities, to clearing up of the cases arising, from the Banks-Fern inspired turmoil. At the October term of the circuit court It has been snnounced the trials Of Henrietta B. Martin, pres. dent of the "congress." charged with riotous and disorderly conduct, as I result of her attempted buggy-wh'.p- ping or Leonard A. Hall, editor of the Jacksonville Miner, will be held. This episode, the state says It has evidence (Continued from page One) been reached came as a surprise, as It was expected the deliberations would last at least an hour. Spectators were barred from the courtroom, to prevent any demonstra tion. An air of expectancy filled the place. Fehl sat grim and glum, with slightly bowed head. Hts kin, watch ed anxiously, as the Jurors filed into the box. Walter Locke, Klamath Falls auto dealer, was foreman. He handed the verdict to the bailiff, who handed it to the court. When the word "guilty" fell from the Hps of the court, Fehl visibly paled for a moment, but quickly re gained his composure and comforted his aged mother, who sat weeping by his side. His wife, and mother-in-law also wept. An Airtight Case The Jury composed of ten men. and two women, quickly dispersed. The crowd In the hallway left quietly.! Members of the Jury said that the state had presented an "airtight" case, and that the defense had fail ed to refute any of their vital con tention. Fehl, they said failed to Im press them as a witness, and made many damaging admissions on the stand. One Juror aald that one of the salient points in the case was the lack of convincing proof that 'the meeting in county Judge's rooms, was for the sole purpose of arranging bonds for Banks. The state showed that the bond was signed on Feb ruary 11, and the defense claimed It to show, was planned the night be fore at the home of L. A. Banks. Bronn Awaits Trial C. H. Brown, secretary of the "good government congress." and father of Mrs. Martin, charged with slandering bank, will also be brought to trial at the next term of the circuit court. Both esses will be tried by the dis trict attorneys office. It is also expected that both the Lane and Jackson grand Juries, will Investigate at least one angle, aris ing from the Banks murder trial, and the ballot theft cases. There still remelns three "John Does" Indicted for ballot thefts, whose names have not been revealed. One of the "John Does." ts listed as the "yell leader" at courthouse demon strations, and "grand assemblies" in the Armory last winter. His present whereabouU are unknown. To Actend Convention Hundreds o'f Medford cltlnens will go to Klam ath Falls for the 15th annual state convention of the American Legion Not only will the local chaptera of the American Legion. Ladles Auxiliary and "40 et 8" socle te he well repre sented but scores of other local peo ple will be present to enjoy the big 3-day celebri tlon program. The Klam ath convention commission is extend ing a cordial Invitation to everyone In southern Oregon to participate In the festivities which open Thursday, Aug. 10. Wishing to express to their many friends their appreciation of the kind ness extended them following the death of their little child, Mr. and Mrs. A. E. Turrell yesterday called at the Mall Tribune. They also voiced appreciation of the many lovely flow ers brought in remembrance of the little one. ot whom they wrote the following poem: "The little crib Is empty now, The little clothes laid by. A Mother's hope. A Father's Joy In death's cold arms doth He; Go little pilgrim to thy home On yonder blissful shore. We miss thee here But soon will come Where thou hast gone before." Ore and Bullion Purchased WILD BE R G BROS. SMELTING REFINING CO. OfitU! 742 MatkM Sc.,S.n FrandK Plum South Sao Fr.ncure was made out on February 30, a few hours before the vote-stealing start ed. This was the defense's chief alibi. To Sentence Others With the Imposing of sentence upon Fehl, the court has announced it will come to this city, hear motions for a new trial on the part of J. Arthur LaDleu, Walter J. Jones, and Gordon L. Schermerhorn, convicted of ballot theft. If motions for new trials are denied, sentence will be imposed upon them. , Passing of sentence upon O. Jean Conners, vloe president of the "good government congress," Wesley McKlt rlck, "captain of the Banks guards," R. C. Cummlngs, whose snclent auto, with the cheers of "congress" provided noise to drown the sound of the breaking glass window. Earl Bryant and James D. Gaddy of Jacksonville, who assisted In the destruction of five ballot pouches, and 0. W (Chuck) Davis, all who have entered 4 'Hill That Has No End" Yi J n.'v j ' Charles Becker, superintendent of the motor testing laboratory at the Avon California, re finery where Associated Oil company perfected lis new smoother and quieter Flying A gasoline, demonstrates the use of the elaborate dynamometer which, coupled to an ordinary modern automo bile motor, can be made to simulate any condition of load from a never ending hill to a smooth highway. 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We are promptly in- - augurating still shorter hour schedules and adding more men to our payrolls, sincerely hoping that the other retail Auto Accessory dealers of the country soon will be aligned with you and with , us one hundred per cent. And this is of special interest to Western Motorists . iTKe Western Auto Supply Company has always adhered to the high standard of quality and service established with the opening of its first store In the westseventeen years ago. We have always given our customers the highest quality possible consist ent with fair price and fair working conditions for our people. We shall never deviate from this principle is k.T' wan 0000 Ml I i . T te If ft Thla picture ihowii our tenting board and bench, one ot t lie MANY expert and mechanical perfect services ottered here. . . , . 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