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."
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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
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