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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Jan. 30, 1934)
PAGE ETGHT MEDFORD MAIL TRIBUNE, MEDFORD, OREGON, TUESDAY, JANUARY 30, 1934. McCooey Successor? NEW TRIAL PLEA CUE 8 ERRORS Copies of the brief in the appeal to the stat supreme court In the caae of L. A. Banks, former local orchard lit and agitator, serving a life sen tence In state prison for second de gree murder, have been received here. A new trial la sought. Attorneys Frank J. Lonerpan of Portland and Charles E. Hardy, appear aa counsel for Banks, and the state is represent ed by Assistant Attorney General Ralph E. Moody, and Deputy District Attorney George W. Nellaon, The brief outlines eight assign ments of errors of the court in the conduct of the trial, most of them technical. Limitation by a court ruling of de fense alienist In giving testimony. Is one ground. The brief contends that a court ruling restricted the defense sllenists to testify only on whether Banks was sane or Insane, when the alienists should have been allowed, tbe defense holds, to give evidence whether Banks knew the difference "between right and wrong." Author ities are cited in defense of the de fense position, a wider margin should have been permitted on Banks' men tality. The alienist held that Banks at the time of the shooting was suffering from "transitory mania." Alleged hostility of the two bailiffs In charge of the Lane county Jury In charge during the trial Is cited. Alleged remarks of the bailiffs In the presence of the Jurors, la held preju dicial. Introduction by the state of the pistol found under a ladles' coat, on a davenport in the Banks home, sev eral hours after the murder Is also held prejudicial to the defense. The defense holds that Banks admitted committing the murder with a high powered big game rifle and that the pistol's introduction was "collateral and tending to bias the Jurors. Misconduct la also alleged In the closing argument of the assistant attorney-general, when he character leed Banks "as a moral coward hiding behind the skirts of his wife." The state's answer to the brief will be filed within the 60 days granted by law. Assistant Attorney General Moody will have charge of this phase of the appeal. Preparation of the state's brief will start as soon as Moody's health will permit. He la till convalescing from a prolonsed f ft utusA :....jt&k ... feajaj Frank V. Kolly (above), leader of tha fourth assembly district In New York, wn mentioned aa one of tha men moat likely to aucceed to tha Brooklyn democratic leader ahlp made vacant by the death of John H, McCooey. (Aaeoclated Preee Photo) TO EIS ENTERS SUIT TO SET ASIDE DEED Illness. EXECUTIVES IN MEET AT Crater Lake Christian Endeavor held an exsoutlve meeting In the Phoenix Presbyterian church, Sunday, with 33 officer, present. Main topic for dlacuaalon waa regis tration for the atata convention to be held in Salem, April 10 to 33. Vera Wright waa appointed reglatrar of tho local union with assistants in the other cities of the union. Irving Ellla will take charge In Grants Paw and Morman Praley In Medford. Tha Idea of note booka for each union omoer waa brought up and Opal Rush waa .elected to take charge of all reporta. The note booka are to be used for monthly and quar. terly reporta so there will be a defln He and correct record of the past hla. tory of that office. Reporta of the annual atate execu. tire meeting neld In Portland tha first of every year were given. Nop man Praley and Marian DeVrles at. tended trie meeting In the Y. M. c. A. Building with Helen Moclay presid ing. The theme of the meeting waa, "Better O. B. Work." In the absence of tha aecretary. Elaine DeVrlea waa appointed secre tary pro tern. -There were representattlves from many points of tha union: Applegate, Aahland, Grants Pass, Phoenix and Medford. SALES TAX TOPIC LP. Explaining the beneflta of a aales tax for Oregon, and discussing va rloua phases of Jackson county gov ernment, Judse E. B. Day spoke In formally at last night, meeting of the Business and Professional Wo men's club at the city hall. Musical aelectlona by the following were enjoyed during the evening: Mlsa Msrjorle Paley, violin aolo; Miss Imogen, Wsllsce, piano aolo; Mrs. Elsie Carleton Strang, vocal aolo. Mrs. Maude K. Chapman waa chair, man of the program, and rrfresh menta were In charge of Mrs. Roy Buckingham. Special gueata were Judge Day and Mrs. Day, Dr. R. K. Oreen and Mrs. cireen. Suit to set aside a mortgage and deed and certain tsx foreclosures. haa been launched In circuit court by the Sterling Mining company against the Medford Water and De velopment company and O. S. Crocker, aa trustee In bankruptcy of the West ern Financial Security corporation. The complaint was filed last Decem ber and the answer yesterday. The action Is based upon the crea tion In July, 1030. of the Medford Water Power and Development com pany. Its msin purpose waa to bring water from squaw lake for mine de velopment and to furnish Irrigation water. The plan never materialized. The deed to the property was alleged ly transferred. ' Now a decree of the court declaring the Sterling Mining company sole owner la aought. Fred J. Blakeley appeara aa president of tne sterling company. Tfte anawer recites much of the history of the Sterling mine one of the chief gold-bearing properties in southern Oregon. Until recently It waa mined by groups of prospectors. A California group la now reported interested. The mining oompany, first formed June 7, 1877, was later acquired for operation by the late S. S. Bullla, and Blakelev. with an Incorporation under the laws of Dels ware. At one time, Jeff Heard, a lead ing figure of the "boom days," waa superintendent of the property. Gen erally regarded aa a paying property, It haa played leading role In the mining history of thla section. With the depression and the rising price of gold, the Sterling district teemed with prosuectora, who pan ned tha "diggings" with varying suc ceaa. The Increased price of gold, the past three months, has brought tha mine Into life sgain. Buelah Thompson and Helen Cas sldy, 16, local girls, were yesterday ordered committed .to a Portland In stitution by County Judge Earl B. Da? , The action followed a hearing before the court last week. The two were charged with theft of money and a coat from gueata during a dance at an establishment near Gold Hill, ten days ago. Neither of the girls, the testimony ehowed, were regular attendants at school. The girls testified they attended a dance In thla city and then Journeyed to a dance at Oold Hill with two middle-aged men, whose namea they Bald they did not know. The girls said they accepted a drink of whis key from the grey Lotharios. At Oold Hill they met two high school boys they knew aa "Louis" and "Virgil," who escorted them to the highway resort. The youths drove the girls back to this city. In the case of Abble Gllbrlde, 17, recently committed to the same In stitution, notice of an appeal to the circuit court has been filed. Man zle Blden, 20, la held for action by the grand Jury following a Justice court hearing for allegedly contribut ing to her delinquency. It la alleged In the appeal that the commitment was against the will of the girl and la for the purpose of preventing her testifying In behalf of Blden, before the grand Jury. The girl In the Justice court and Juvenile court hearing defended him and de nied any wrongdoing. The action of the court waa taken following a conference with the three sisters of the girl, and, because It was felt It was better to have her de tained In a home, than in a county Jail cell, awaiting further action In the Blden case. Livestock. PORTLAND. Jan. 30. UP) CAT TLE: 35; calves 10; about steady. Cows, good common and medium, 12.35-3.75; low cutter and cutter, 1.25-2 35; bulls, cutter, common and medium, 2. 00-3 00; vealers, good and choice, $3 00-6.50: cull common end medium, v3.60-8.00 HOG6: 900; steady, unchanged. 6HET5P: 35; steady to strong, unchanged. Portland Wheat PORTLAND, Jan. 30. (AP) Table: Open High Low Close May 7614 76 75'4 7S"4 July 7T, 7's 74ft 78 Cash: Big Bend blueatem Dark hard winter, 13 pet... 11 pet Soft white Western white Hard winter .... Northern spring , Western red Oats: No. 3 white Corn: No. 3 E. yellow... 76 114 78 73 73 73 73 78 33.00 23.35 Mlllrun, standard 13.00 Todsy's car recelpta: Wheat 32; barley 1;- flour fi; corn 1; oata I; hay 4. Portland Produce PRESIDENTS TOLD DUTIES, AUT AT BOARD SESSION PORTLAND, Jan. 30. (fl) BUT TER Prints, extras, 32 '2c; standards, 22c lb. BUTTERFAT Portland delivery: A grade, 19-20c lb.: farmer'a door deliv ery, 16-17c lb.: aweet cream 6c higher. BOOS Pacific Poultry Producers' selling prices: Fresh extras, 18c; standards, 16c. mediums, 16c dozen. Buying price by wholesalers: Fresh extras. 16c; first, 14c: mediums. 12c: undergrade. 10c: pullets. 10c dozen. WOOL 1934 clip, nominal; Willam ette valley, 22-26c lb.: eastern Ore gon, 20-2Sc lb.; southern Idaho, 16 20c lb. Cheese, milk, country meats, live poultry, onions, potatoes and hay, unchanged. UnDjy Chicago Wheat CHICAOO, Jsn. 30. Open High May 03-V, 03 , July 91-ii 91?, Sept. 92 T, Elected To Senate PORTLAND, Jan. 30. (AP Unan imous approval of a report by Chan cellor W. J. Kerr defining duties and outlining functions of the new acting presidents of the university and state college, was voted Monday by the state board of education at a brief and harmonious session. Each acting president, newly ap pointed, will be solely responsible for the administration of hla own Insti tution. They are C. V. Boyer of Uni versity of Oregon, and Q. W. Peavy of Oregon State. They will be re sponsible to the chancellor alone, and he to the atato board. The presidents will have a wide measure of authority, and although in ter-l institutional deans and direc tors will report directly to the chan cellor on cross-campus functions, other deans and dlrectora of each will be under the direct control of Boyer and Peavy. The petition of a group of univer sity students that membership In the atudrnt body be made optional, was denied by the board: In presenting the proposal for exemption, some stu dents charged that the board has no legal right to enforce student associa tion mem be rail 1 p. Although the request of a group of university students that a $1000 bonus be awarded Prince Call i son, football coach for the excellent show ing this season, waa tabled. It was reported that Hugh Rossnn. graduate manager, la now negotiating with Calllaon for a new contract at a con siderable Increase In salary, ane that Lon Stlner at Oregon State will re ceive the same treatment. Ernest W. Gibson (above) ol Brattleboro was sleeted to the Vers mont senate seat mads vacant last fall by the death of Porter H. Dale. Gibson resigned after 10 years In the national house to becoms a sen ate candidate. (Associated Press Photo. BIRTHS Low Close fl2? 93-93 91 91-U OA Oil' Q1.31 - - 1 Wall St. Report j Stock Sale Averages. (Copyright, 1034, Standard Statistics Co.) January 30: Ind'ls Rr's Ut's Total 60 20 20 00 Today MOLS Bl.8 78.7 '90.0 Prev. day ....100.8 60.3 77.4 88.0 Week ago .... 99 2 49.7 77.8 87.8 Tear ago .... 62.4 29 3 80 8 66.4 6 yra. ago ...213.3 130 2 222 9 202.1 11926 average rquala 100). New 1034 high. Bond Rale Averages. (Copyright, 1934, Standard Statistics Co.) . January 30: 20 30 20 60 Ind'ls Rr's Ut's Total Today ,:. "78 0 83 4 '84.4 'BI S Prev. day . 77 6 82 8 83.8 81.4 Week ago .... 77.3 81.9 83 2 80 8 Tear ago .... 84 8 65.1 83 6 71.1 3 yra. ago .... 89.0 103.1 09.1 97.1 (1926 average equals 100.) New 1034 high. Announcements were received here today of the birth of a aon, weighing 7'i pounds, to Mr. and Mrs. Elliott Ayres of Pnlo Alto, Cal. The baby waa born January 28 and has been nnmrd Elliott Ashloy. He la the grandson of Mr. and Mrs. Carl Swl gsrt of this city and San Francisco. Rotary Vcleran IMea PORTLAND, Jan. 30 (AP) Walter L. Whiting, 61, aecretary of the Port land Rotary club for 22 years, died at hla home here today. His widow and three children survive. NEW YORK. Jan. 30 (AP) Led by the retls and Industrials, stocks advanced at a fast pa.ee today follow ing final congressional action on the president's gold bill. Many Indus trials broke through their 1033 highs before esslng under profit taking. Oalns of 1 to more then 3 points predomlnstcd. Turnover .approxi mated 4.300,000 shares, the lsrgest aggregate alnce July. The close was firm. Today'a closing prices for 32 se lected stocks follow: Al. Chem. 6b Dye .. . 158 Am Can .. 100'$ Am. & Fgn. Pow 10'i In keeping with the times Drugs and Toiletries at Cut Prices al JAR. MINS DRUO STORE. REGAINED APPETITE AND WEIGHT WITH KELLOGGS ALL-BRAN Cereal Relieved His ! Constipation CAHIP KERBY CCC RANKED HIGHEST With the ranking of the CCC campa in the Medford district an nounced by headquarters this morn ing. Camp Kerby, Company 1746, under command of Capt. Chauncev Pierce waa rated highest for the period from December 20, to Janusry 30. Tha company will be given the district flog which la aent each month to tha outstanding camp. Camp lower Pistol River, which rated highest the preceding mouth, was listed third this month, with Quag Applegate second. Extra Good Quality HMY WOOD .12 and 16 inch FIR and HARDWOOD COAL Use ROYAL UTAH COAL for bost results . . ROYAL la clean and lasts longer. It pays to buy the. best. Fuel Oil ANY KIND YOU WANT. Arrange with lis, for your FUEL OIL requirements we offer quick service. F. E. SAMSON CO. Phone 833. 229 N. Riverside If you are a sufferer from head aches, loss of appetite and energy, sleeplessness, or any other of tho . frequent CITects of constipation, read this enthusiastic letter from Jlr. Mclntyrc: "For a lonu time my system waa not in very (rood working order. But sine eating Kcllogg's Al.t-1 Bran, I have refrained my appetite and my lost weight. And my system is in good working order. Kellogg'a ! All-Bran aure does tho trick." Mr. J. A. Mclntyre, 160 Ruscomb St., Philadelphia, Pa. Tests show Kcllogg's All-Brak provides the "bulk" needed to re- . lieve ordinary constipation. It also contains vitamin B and iron for the blood. YoiiH enjoy this delicious and healthful rcady-to-eat cereal. Serve it with milk or cream or use often in cooking. Just eat two tablespoonfuls daily. Chronic cases, with each meal, if not relieved this way, see your ! doctor. Kcllogg's Au,-Bran is all omit 1 with only necessary flavoring added. I It contains much more needed "bulk'' than part -linn moducts. ; ilade by Kellogg in Battle Creek. ( I. a. t. & t. lie;. Anaconda 16H Atrh. T. & 8. T. 73 !i Bendlx Avis. ........... 23 Beth eteel 47 California Pack'g. 26ii Caterpillar Tract. 30 Chrysler ..... Coml. Sol?. Curtlss-Wrlght . DuPont Gen. Foods Oen. Mot. Int. Hsrvest. I. T. ii T. Johns-Man. Monty Ward North Amer. Penney (J. C.) Phllllpa Pet Radio Sou. Pac. Std. Brands . St. Oil Cal. St. Oil N. J Trans. Amer Union Carb Unit. Aircraft U. 8. Steel 57 - SSV's -. Sli ..101 ',4 - 39 'i - 40 Vt . 44?, . 16", - 8514 - 38 '4 . 19H - eo, - I8V2 - 8 Vi - 30 . 25 HITLER DISCLAIS GERMANY INTENDS VIOLATAUSTR!A (Continued trum page one) I 42', 47H 714 3614 57 San Francisco Buttcrfat, SAN FRANCISCO. Jan. 30. (Ft First grade butterfat 2, f.o.b. San Francisco. Sllrer. NEW YORK, Jan. 30. Pj Bar sil ver firm, higher at 44. Export Wheat. PORTLAND, Ore., Jan. SO. (P) The Emergency Export corporation to day offered 7814 centa a bushel for soft white wheat for foreign ahlp-ment. Dance at Rogue Elk Saturday ntghc, February 3. , Careful Fuel Oil Delivery when you want It. Call 315, Eads Transfer. try which for centuries waa an ln tegral part of the German empire. "No revolutionary ideas were ever stopped at the frontiers as the French revolution haa shown. Must Bear Consequences. "If the present Austrian govern ment thlnka it necessary to suppreaa this movement forcibly It Is Its own affair, but It will have to bear the consequences. "Austria cannot expect German guests If the latter are looked upon aa unwelcome no more than Ger many could expect American or Brit ish guests If they were to have their national emblema and flags torn down while they were visiting Germany. "Germany cannot tolerate auch hu miliating treatment." Then Hitler exclaimed trium phantly: "All Germans now traveling abroad. except emigrants, are national socialists!" The second half of the chancellor's speech was devoted to his foreign policy. Equnllty Paramount. "As honest adherents to a real pol icy of reconciliation," he declared. "we believe we would contribute most to real peace by Insisting upon the restitution of Germany's honor and equality. "By fighting for equality, Germany desired also to contrlbu'a toward Improving world economlo relations. "Germsny desires peace with all natlona, but we have noted with pain that the difference between our po litical conception and that of other peoples led to heaping upon the Ger man people many unjustified re proaches and to meeting them with distrust. "We bold that It Is each people's own business to determine Its own domestic life." ' The declaration of Auatro-Germany relations was followed by a tribute to Premier Mussolini of Italy and to Italy herself. To Joseph Stalin, head of the com munist party, Hitler addressed an admonition. He said: "Just aa little aa In Ru&sla wou:d be tolerated a German national so- clslist tendency, will Germany tole rate a communistic tendency or even communistic propaganda." Break the Tyranny of UNCONTROLLED COLDS To PREVENT many colds ...Vicks Nose drops At that first "stufly"feeling, useVicks Nose Drops, the new aid in prevenf ntf colds. Used in time, they help you to avoid many colda altogether. To RELIEVE a bad cold . . . VICKS VAPORUB At bedtime, massage throat and cheat withVapoRub. the modern method of treating colds. All night, its poultice-vapor action gives soothing relief. FOR INCREASED RESISTANCE TO COlDSr Follow the simple health rules that are part of Vicks Plan for better Control of Colds. The Plan, as proved In extensive clinical tests, greatly reduces the num ber and duration of colds. Full details in each Vicks package. 9 VICKS " "''CONTROL OF COLDS ,,lE2E9.,.,,,Lst aZ Our Great 4 Day $ Sale! $ Day Sale of Rollins Silk Hose $lop Wash Dresses mW llSfN For the last day of our great 4-day $ Sale we offer a splen did group of Women's and MLasea' Fast Color Wash Frocks at 3 for $1.00. In this assort ment are -Prints and Voiles at tractively made and trimmed Dresses that have sold all season for 91.00 each. 7 I our LJioice 2 for!. Girls Wash Frocks In the Junior ahop on the sec ond floor, a last day sale of girls' fine quality Wash School Dresnes at 91.00 each. These attractive Frocks are tn various printed styles selling regular for $1.35. The sizes are 7 to 16 years. . Your choice M. Tomorrow In the Hosiery Department, a $ Day Snle of Women's and Misses genuine "Rollins" Service and Chiffon Full Fashioned Silk Hose at $1.00 pair. These famous stockings come In sizes to 10 and are offered in all shades A Real Hosiery Value for one day only. Rubber Crib Sheets, j : In the Baby Shop Tomorrow a Sale ol extra heavy quality Rubber Crib Sheeta In the 27x36-lnch size. These are In two tonea of Pink and Blue and are specially made for the bassinette or crib. 59c2for$1. e Sale of Slips Tomorrow In the Dnderwear Section a one day aale of Women's and Misses' Rayon and 8111c French Crepe Slips at ai.00 each. These are lace trimmed and come in Flesh, Tea Rose and White. Broken sizes. Regular $1.39 Value ea. Mann's 2nd Floor 36-inch Stripe and Print Outing I Day Sale of 38-lnch extra heavy quality Striped and Printed Outing Flannel at 8 yarda for 1.00. Thla la the Outing much In demand for pajamaa and night gowns. Wide selection of colors and patterns to choose from. Tour choice. 5 yards for $1.00 Famous "Wearwell" Pillow Cases Another Super I Day Special! S genuine "Wear Well" Pillow Slips ' for 1 .00. These are In the 43x38-lnch aire and sell regulsr for 39 each. Every one standsrd quality and guaranteed by this store. On Sale Tomorrow Only at Mann's. 5 cases for $ 1 .00 Fast Color Printed Percales Kxtra Speclsl Tomorrow Only at Mann's A Sale of fine quality 80-square Fast Color Print Percalea at 9 yards for ai.00. These are regular up to Sic yard and come In quite a large variety of beauti ful printed patterns. Buy now for Spring Wash Frocks. 5 yards for $ 1 .00 Fabric Gloves Special for $ Day! Women's and Misses Double Woven Fab ric Gloves tn slip-on and fancy cuff styles. Colors art Black, Brown, Blue and Eel Gray. They are waxhable. $1 00 I pr. Table Covers In the Notion Section tomor row a Day Sale of Elastic Comer Card Table Covers at 9 for il.OO. Regular Toe cover In Oreen. Black. Orchid and White. Choice. 2 far.. $1 0.0 iiHHliiMiiiimii iiHiiiiiriimiiiiitiiiiii $ DAY SALE OF TIES Attention Men and Young Men The Best Neckwear Sale of the yesr at Mann's. New shipment of regulnr 1.00 hand made, wool lined, silk tipped Ties at 80c each or 3 for !.00. New colors In Dola, Plaids. Checks and Stripes are Included In this Oreat Tie Sale 800 to choose from. 59 OR 2 FOR $10.0 Real $1.00 Values ; Consider this a per- sona! invitation to a i complete beauty anal : ysls by Miss Lillian I Gorton of the Belcana I Laboratories, who Is I now In our Toiletries Section. Miss Gorton, an experienced skin authority, will give I you a courtesy make : up. using Belcana i beauty aids and will I be verry happy to aa- stst you in solving your own particular : skin troubles. Make : an appointment at 5 : once. i MAKE-UPS ! I GIVEN IN I ! PRIVATE! ! ea. MANN'S v u Stripes Checks Plaids Dots Men's Section MANN'S Main Floor c ea. fa Am A Js-' IT AW,V '. . 1 1 f i 1 JL 1 41 J ! r! i 1 i t ! t
