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