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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (March 28, 1957)
O 32nd Year Medford United Press Full Leased Wire 23 Pages Jensen to Serve 99-Year Term in JSlafe Penitentiary Holmas Acts in Line With Inaugural Talk Salem Gov. Robert D. Holmes, acting in line with his bid to abolish capital punish ment in Oregon, Wednesday afternoon commuted the death sentence of James Norman Jen sen to 99 years in the state peni tentiary. Under terms of the commuta tion, coming just eight days be fore the 28-year-old Jensen was scheduled to die in the prison gas chamber, the prisoner can not become eligible for parole for 33 years. Fixed Term Governor Holmes said he was commuting to the fixed term to insure that Jensen, who was convicted of the 1954 murder of Medford housewife Mrs. Fern Hile, could not go free. If the sentence had been commuted to life imprisonment, Jensen could conceivably be paroled after serving seven years. The governor said he was tak ing the step to spare Jensen's life because he was opposed to capital punishment, and because legislation which he had re quested to abolish it was now progressing through the legisla ture. Also, he said, "It has been established that the imposition of capital punishment does not prevent the commission of mur der." A resolution which would re fer the capital punishment ques tion to a vote of the people has already passed the house by a substantial margin and is now being considered by the Senate's committee on state and federal affairs. End to Penalty An end to the death penalty was called by Governor Holmes in his Inaugural address herause he said ". . . it is my feeling that state government has an obligation to be civilized," even in the exercise of its obli gation to protect society and I find nothing in enlightened re ligion or the ethics of modern civilization that justifies capital punishment." Jensen's commutation was the second of a death penalty since any convicted murderer has been executed at the prison here. The late Gov. Paul L. Patterson commuted the sentence of Don ald Dwaine Imlah, killer of his foster parent Bruce Houck at Hood River, to life imprison ment August 6, 1955. 12 days before he was scheduled to die. Patterson said he based his decision to commute the sen tence on some doubt as to the unanimity of opinion by the jury though they returned a unanimous verdict of guilty in the first degree. "I do not feel that society should exact the hight penalty if there be any doubt that the required condi tions for that penalty exist," Pat terson had said. Consideration for Parol Imlah. as a result of the com mutation to life imprisonment, will be eligible for consideration for parole in 1960. He had been sentenced to die August 18, 1955, for the murder which oc curred in 1953. Jensen, termed a psychopathic criminal, was convicted at Med ford of the April 24. 1954 hatchet slaying of Mrs. Hile while she lay sleeping in the herimnm of her home there. The murder occurred just five days after Jensen had been reieasca frnm !san Ouentin where he had been serving a sentence for car theft. Governor Holmes noted that Jensen's record indicated he had spent most of his life in penal or mental institutions in yau ftr hpine nlaced in a boys home by his widowed mother at the age of 13. inougn hie rerord showed a long his- torv of mental illness, he was declared sane under Oregon s criminal insanity statutes at the time of his trial in October, 1954. 10-Day Trial Jensen was sentenced to deatn at the end of a 10-day trial, but appeals of the Jackson county circuit court 3ction have de layed the execution date. His case was appealed to the State Supreme Court which ruled he had had a fair and impartial trial. The U.S. Supreme Court twice refused to review the de cision on the basis it had no grounds to do so. Edward C. Keliy, Mctiford at torney for Jensen, filed an ap plication for commutation with SENTENCE MEDFORD, OREGON, THURSDAY, MARCH 28, 1957 Homicide Charge Is Dismissed Because Of Lack of Evidence Charges of negligent homicide were dismissed against Lawrence Alvis Workman, 25, Seattle, Wednesday afternoon in district court by Judge Rawles Moore. Three witnesses for the state Russia Says Action Against Egypt May Result in Conflict By WALTER LOGAN United Press Correspondent Russia warned France and Is rael today that any new military action against Egypt would raise "a direct threat of a broad mili tary conflict" in the Middle East. The warning came as U. N. Secretary-general Dae Ham- marskjold returned to New York with Egypt's stand on the future of the Suez Canal and the U. N. Emergency Force in the Mid east. High Arab sources in Cairo said Egypt had agreed in prin ciple to arbitrate through the United Nations any disputes aris ing from its operation of the canal. Russia's renewed intervention in the Mideast situation followed by several days a personal let ter from Premier Nikolai Bul ganin to the Norwegian Premier in which he said the world had come close to war during the in vasion of Egypt last fall. "Dangerous Situation" Today's warning of a possible new world conflict was made in an announcement distributed by the official Soviet Tass news agency and broadcast by Radio Moscow. I quoted "leading cir cles in the Soviet Union." an old euphemism which actually means the Soviet government. The Moscow announcement said these "leading circles" pointed out that the Soviet Un ion "was and continues to be a decisive opponent of the use of force against countries of the Near and Middle East." While Moscow thus was in jecting its views once again into the crisis conscious Mideast, the Arab sources in Cairo were say ing that the agreement to arbi trate Suez difficulties was worked out by Hammarskjold and Egyptian President Gamal Abdel Nasser during their past week of talks. Governor Holmes last month as serting at that time, "I ask com mutation of his sentence to life imprisonment because I know that any wrong he has done is due to his disturbed mental con dition." "It will do no credit to the dignity and justice of the state of Oregon to put to death by capital punishment a man who is so obviously mentally defec tive and diseased as my client," Kelly said. Acquaint, Himself Thomas J. Reeder, present dis trict attorney though not the prosecutor at the time of the Jensen trial, asked Governor Holmes to carefully and fully acquaint himself with all the facts of the case. "Due to the circumstances of the particular crime involved I certainly can not concur with Mr. Kelly in his plea." he said. District attorney at the time of the trial was Walter D. Nun ley of Medford, who also wrote the governor concerning Kelly's commutation plea. "I felt then, and feel now. that the require ment of our law and of simple justice demand the imposition of the penalty which is propor tionate and equivalent to the heinous crime committed by this man," he said. Nunley's chief expressed con cern was that Jensen might be paroled after a few yeas. "Un der the present state law," he said, "and under that which is presently proposed, there is no such thing as imprisonment for life. Under any commutation of his present sentence. Jensen is subject to being released again into our society." Governor Holmes emphasized, however, that in commuting the sentence to a 99-year term in stead of life, that Jensen would not be eligible for parole until he had served at least one-third of that time, or 33 years. And he .added there is nothing on which to base an assumption that a pa role agency would even consider him at that time. In 33 years Jen sen would be 61 years old. COMMUT testified during the preliminary hearing. Workman was being held by police as the driver of a vehicle which struck Jack Everett Eng ler, 25, Seattle, as Engler was pushing his stalled vehicle north on Highway 99 at Talent Sun day evening. Engler died 3lz hours later in a local hospital. Witnesses called by the state were Mrs. Engler, Samuel A. Edwards of Sams Valley, and State Police Officer Maynard Schoen. According to Judge Moore in sufficient evidence was given to justify Workman being bound ever to the grand jury on the negligent homicide charge. According to the district at torney's office further action by the state against Workman is under consideration. District at torney deputies pointed out that Workman may still be indicted by the grand jury. Workman was released by au thorities yesterday following the hearing. He was served with an order and summons, subpoena and complaint prior to the hear ing in connection with a civil suit filed with the county clerk yesterday. Complaint Filed The complant. filed by Robert R. Dickey, administrator of the estate of John E. Engler, asks for $20,000 damages. Workman was scheduled to appear in cir cuit court at 2 p.m. today. Workman is represented by James Main with Manville M. Heiscl, attorney for the Engler estate. Alan Franzke, deputy district attorney, presented the state's case at the hearing yes terday. 16 Die, 235 Hurt In Mexico Blast Mexico City (U.R) Local and federal police tried to pin responsibility today for the stor ing of 20 tons of high explosives that blew up in a densely popu lated area Wednesday spread ing death, destruction and in jury for a quarter of a mile. Rescue workers ended their search for bodies early this mor ning and said the final death toll probably would remain at 16. At least 235 persons were in jured, many of them seriously. Earlier, Dr. Roberto Gomez of the Mexican Red Cross said that because bodies were blown into small pieces the death count may rise as high as 50. There were two explosions. They demolished the warehouse in which explosives were stored, left a block-wide crater and leveled every building and one- story adobe shacks in the con gested area for 200 yards. Most of the casualties decurred in the second explosion. It came as spectators rushed to the scene following the first blast. Seven firemen were among the dead. Earthquake Shakes San Diego Area Today San Diego (U.P.) A "fairly sharp" earthquake shook the San Diego area at 1:09.33 a.m. PST today, according to amateur seis mologist Fred Robinson. How ever, authorities said they had received no reports of damage. Robinson said he believed the quake, which lasted three-quarters of a minute, was local in or igin. Jury May Klamath Falls (U.R) The Guy Earl Cramer murder case was expected to go to the cir cuit court jury here today after the defense, in a surprise man euver, waived its right to make a closing argument. Circuit Judge David R. Van denberg was expected to charge the jurors about noon before turning the case over to them to decide whether Cramer is guilty of the first degree murder of Klamath County Welfare Com mission Chairman Fred Peterson or innocent bv reason of insan ity. District Attorney Richard Beesley made a brief closing ar gument before the1" jury today after the state rested its case yesterday. But Defense Counsel Donald Piper this morning waiv ed the right to make an argu ment, thus denying the prosecu tion a chance to expand its argu Price 10c Tribune United Press Full Leased Wie No. 6 -r TOM MacLEOD New KYJC Manager MacLeod Named Manager of KYJC; Replaces Dunlevy Tom MacLeod, 200 Sunrise ave., Medford. has been named manager of radio station KYJC, succeeding James Dunlevy. MacLeod joined the radio sta tion staff in June, 1950, as sports director. A year later, he as sumed the additional duties of commercial manager. A native of Denver, Colo., he was active in athletics at Den ver's South High school. He is a Marine Corps combat veteran of World War II in the South Pa cific, and a 1949 graduate of the Pasadena Institute of Radio and Television. He graduated from Colorado A&M college in 1947. MacLeod is a member of the Elks lodge. Rogue Valley Coun try club and a member of the PAL club board of directors. His wife, Evadyn, is a dietitian at Rogue Valley hospital. Dunlevy. who has been man ager of- KYJC for the past seven years, will become manager of the Rogue Valley Country club on Monday, April 1. He succeeds George Harrington, who has been manager of the club for 11 years and recently resigned to become manager of the Arizona Country club, Phoenix, Ariz. Harrington is leaving Medford tomorrow. Judge Overrules Demurrers in Case Demurrers in the cases of two tavern operators and two bar tenders arrested in a raid March 15 by Medford police and sher iff's deputies in connection with alleged pinball machine pay offs have been overruled by District Court Judge Rawles Moore. The demurrers, filed by at torney Edward Kelly, were ar gued in district court March 20. The demurrers each named three points of alleged fault in the charges. Charged with the violations are Joseph Edward Stratman, bartender at the Medford hotel lounge, charged with operating a game of chance; Lloyd Keller, operator of The Tavern, charged with possessing and operating a game of chance; Sam Prough, operator of the Talent club, charged with possessing, operat ing and displaying a game of chance; and Charles Will Gleim, bartender at the Talent club, charged with operating a game of chance. DOV-JONES AVERAGES New York (U.R) Dow-Jones final stock averages: 30 indust rials 475.01. up 1.89; 20 railroads 144.43. up 0.26; 15 utilities 71.58, up 0.33. and 65 stocks 168.19. up 0.61. Salcst oday were about 1, 930,000 shares compared with 1,710,000-shares Wednesday. El Get Cramer ments in a rebuttal. Final state witness was Dr. John W. Evans, a Portland psy chiatrist who was a spectator at the trial. In reply to a question posed by Charles E. Raymond, Port land attorney who is serving as special prosecutor in the case. Dr. Evans said Cramer's action on Jan. 4 when he fatally shot a welfare official were "deliber ate, premeditated, with great malice and purposeful, allowing for his sick mind." Cramer is on trial for the fa tal shooting of Klamath County Welfare Commission Chairman Fred Peterson during the course of a welfare meeting in the court house here. Two other of ficials were seriously wounded. The defense has admitted the shooting but contended that Cramer is innocent by reason of insanity. He has repeatedly said Two Mew IPrr js into Ml MandlLJ Sflatad Military Planes Join Search for AmericanWoman Bandits Kidnaped Mrs. Carroll Sunday Tehran, Iran U.R) Three U.S. military mission planes joined Iranian troops and police today in a desperate air and ground operation to rescue a pretty American woman kid naped by bandits who killed her husband and another American man. There were indications she is still alive. Vague and fragmentary re ports reaching Tehran, 800 miles northwest of the town of Jran sahr where the attack took place, said the kidnaped Ameri can woman left a trail of torn bits of paper. American officials said they believed the bandits would hold her for ransom. There also were indications that the attack by desperadoes in the remote and arid region of Baluchistan in southeastern Iran was directed against this coun try's new close ties to the United States in the Baghdad pact. The attack took place Sunday. Kevin M. Carroll, 37, Issaquah, Wash., and Brewster A. Wilson, 35, Portland, officials working on U.S. Point 4 aid programs for Iran, were killed. Carroll's wife, Anita, was kidnaped. Two Iran ian drivers also were killed. The three planes attached to the U.S. military mission in Tehran joined the hunt for the bandit gang after the Shah of Iran personally ordered full mo bilization of police resources to rescue Mrs. Carroll and capture the killers. Soldiers and policemen poured into lonely Baluchistan by truck and camel to press the search in the barren, remote area where the Middle East meets Central Asia. -- At-first it was believed the bandits attacked the American party because they had mistaken their jeeps for police vehicles. The bandits in this region hate the police who have been very active in the area in cleanup operations in recent weeks. But observers said the am bush also possibly had political implications. It coincided with the visit to Iran of U.S. Ambassador James P. Richards on a mission ex plaining President Eisenhower's new doctrine for the Middle East and the announcement that the United States was joining the, military committee of the Bagh dad pact. There are many opponents to Iran's close relations with the United States. It was pointed out in Tehran that this would not be the first time such methods were used to attack a political measure in this country. Atfempis to Open Safe Unsuccessful Attempts to open a safe at the Blake Moffitt and Towne ware house, 227 North Fir st., Med ford, were unsuccessful last night. Police believe several "ju! venile safecrackers'' were re sponsible. . ' A combination dial to the safe was pried off and the outer door opened, police said. An attempt to open an inner door failed, they added. A window in the rear of the building was broken, officers re ported. The attempted burglary occurred sometime between 6 p.m. Wednesday and 7:45 a.m. today, they said, adding that nothing of value was taken. Don ald Oliver Tesdal, warehouse su perintendent, reported the at tempt. Case Today he was ordered to shoot his ene mies by his guardian angel and that he saw numerous visions. Jury Retires The jury retired from the courtroom for three hours yest erday while defense counsel and Dr. Evans studied a 2.500-word hypothetical question propound ed by Raymond in which the special prosecutor reviewed sal ient points of Cramer's life his tory as related in testimony. , Raymond concluded the lengthy question with the words "Assuming these facts to be true, would the defendant have mind enough to know the consequenc es of his act and the difference between right and wrong in re spect to the shooting?" Dr. Evans told the jury that Cramer's ability to judge right and wrong was "seriously im paired'' by his mental and emo tional condition. "Rock-a-Bye Baby, In The Tree Top Let's Make Believe The Fallout Will Stop" s Senate Committee Hears Arguments on Empowering Proposal Salem (U.R) A proposal to empower the Oregon public util- j ities commissioner to suspend proposed reductions in intrastate rail transportation rates was argued pro and con for more than two hours late yesterday before the Senate committee on commerce and utilities. And with 11 persons still wait ing to testify. Sen. G. D. Gleason of Portland, committee chair man, called a recess until 1 p.m. Tuesday. William P. Ellis, Portland at torney representing the Qregon Trucking association, said Sen ate bill 301 sponsored by Sen. Philip Lowry of Medford and others, would give the public utilities commissioner power to suspend minimum rates as well as maximum, pending public hearing. Present Law Under present law, he said, the courts have held that .the PUC did no have power to sus pend' minimum rates. The rail company proposing them could put them into immediate effect and it would then be up to the PUC to go to court in an effort to have his suspension order upheld. Under Senate bill 301, he said, it would be the other . way around. The PtTC could suspend the new rates, which then could not go into effect until a public hearing was held. If the PUC then rejected the proposed re duced rates, the old rates would remain in effect until the com pany went to court and suc ceeded in haying the PUC order reversed. Paul Follett of Portland, rep resenting Tidewater-Shaver Barge Lines and Albany Barge Lines, Inc., said that after the organization of Albany Barge Lines in August, 1952, with a storage capacity 6 miles north of Albany of 1,300,000 gallons of petroleum, rail rates on pe troleum were reduced to the point of threatening operation of the large lines. Reasonable Profit Roy Shields, Portland attor ney representing the Oregon Railroads association, said the Verdict Relumed Against Trail Man Jay Lesley Goodman, box 250, Trail, was fined $100 and his driver's license was suspended 90 days after he was found guilty of driving while under the influence of intoxicating liquor following a . municipal court trial Tuesday. Execution of the fine and sus pension has been delayed pend ing possible appeal of the case, City Attorney E. R. Bashaw re ported. Warren Lesseg, Good man's . attorney, gave oral no tice of appeal after Municipal Judge Noreen Kelly handed down the court's verdict. Goodman, who was arrested on the driving charge by city police Feb. 27, pleaded innocent. Arthur Morton Curtiss Sr., Medford, was fined $100 in mun icipal court last Saturday on a charge of driving while under the influence of intoxicating liquor. Salem U.R) The House to day passed a bill which places a limit of 10 per cent per year on finance charges in automobile installment contracts. Interstate Commerce commission regulations provided that a rail road could not operate any seg ment of its line, even intrastate, without realizing , a reasonable profit. He said opponents to Senate bill 301, including a large group of shippers.were fearful that if the PUC was" given authority to put a "floor" under rail rates, it would stifle competition and lead to higher rates fo shippers. Howard ' Morgan, state public utilities commissioner, expressed belief that ,U would be in the public interest to give the PUC suspension powers on both mini mum and maximum rates, be cause one agency could "be de stroyed overnigl'" by "destruc tive" competition. Supply of Salk Vaccine Said Low The supply of Salk anti-polio vaccine of many Medford physic ians is either exhausted or very low, and the supply at the Jack son county health unit also is limited, it was reported today. Dr. A. Erin Merkel, public health physician, said the county supply is only sufficient to vacci nate about 80 people. An order with the Oregon State Board of Health for a shipment of the anti polid vaccine is overdue. Dr. Merkel said. The board appar ently is short on the vaccine too, he said. The public health physician emphasized the remaining vac cine should be limited to chil dren who have not yet received their first shot. Those who have received one shot can wait one to four months before their second is needed, he said. Dr. Merkel said those who have received two shots in the three-shot series can wait as long as eight months before taking the final Salk vaccination. He added he did not know when an other shipment of the vaccine would arrive. - Many private physicians in the Medford area have said heir sup ply of the vaccine is gone but that the vaccine may still be available at some drug stores. Others reported their supply was limited but that shipments were expected sometime in April. Bank Debits Show Decline Last Month Eugene Bank debits for Feb ruary in the southern Oregon area showed a decrease of 14.9 per cent from the previous month and a decrease of 11.2 per cent from February of last year. Total bank debits for the area were $50,035,493 with eight banks reporting. Bank debits for the entire state, totalling $1,417,083,347 with 166 banks reporting indi cated a drop of 17.7 per cent from January, 1957, but showed a gain of 5.6 per cent over Feb ruary of a year ago. Bank debits, regarded as good indicators of business activity, represent the dollar value of checks dratevn against the deposit accounts of individuals and busi ness firms. The bureau of mu nicipal research collects bank debits monthly. Investigations Announced in Wake Of Senate Hearings Committee Calls Temporary Recess Washington '(U.P.) Two new investigations into handling of union funds were launched to day in the wake of Senate ex posure .of alleged misuse of Teamsters' Union money. The new investigations, an nounced while the Senate Racket committee hearings are in tem porary recess, will be carried out by: The House Labor commit tee, whose chairman. Rep. Gra ham A. Barden (D-N.C.) said some union welfare funds are being "pillaged." He said hear ings will start "at a pretty early date." The labor department. La bor Secretary James P. Mitchell said his department will study legislation that may be needed to protect the funds of union workers." The Senate committee called a temporary recess after teamsters boss Dave Beck refused on grounds of possible self incrimin ation to answer charges that he "m a y have misappropriated" more' than $322,000 in union money. Expects Tax Indictment Beck said in refusing to testify that he expects to be indicted on income tax charges and will reserve his testimony until then. His attorney said the indictment may come soon. In Chicago on his way back home to Seattle, Beck told news men the Senate investigation was "strictly a one-way street." He said the union will appropri ate $1 million to. open a publi city, office in Washigton "to tell the true story to our members and to the nation." The Senate group, meanwhile, said it will investigate possible s t r i k e-braking and collusion with management by Beck's union. Committee counsel Robert F. Kennedy said the committee also will delve into "another very serious business trans action" between " e union and a business concern in which he said Beck is believed to have an interest. Kennedy" would give no fur ther details except to say the company made profits of $50, 000 'a year and "still has busi ness dealings of some magnitude with the union." Protection Needed Barden said the House inquiry will be no mere sideshow to the Senate . investigation. He said that in some states union wel fare funds, totaling nearly $35 billion, are not adequately policed. Barden said legislation is needed to protect such money. He said some persons "are pilag ing and stealing it. You know it and I know it." Mitchell disclosed his plans at a news conference in which he branded- Beck's activities "repre hensible." Mitchell said labor should be allowed to "clean its own house." He said union leaders are "moving in that direction" and should be "commended." But, he added, "they may need some help from the gov ernment." (See story on Page 10) Joy Dahl Reported In 'Fair Condition The condition of Joy Dahl, 19, Jacksonville, who was apparent ly accidentally shot while baby sitting in Medford Friday, was reported "fair" today at Rogue Valley hospital. Miss Dahl's condition wai listed as "poor'' earlier this week. She was shot through the abdomen with a bullet from a 30-30 caliber rifle at the home of Mr. and Mrs. Joseph A. Deen in, 415 Edwards st., Medford. She told police she was dusting furniture in a bedroom when the gun, which was kept in the same room, discharged. Weather FORECAST: Generally cloudy with chance of occasional liRht rain through Friday. Continued mild. Low tonight 45. High Friday 65. Temp. HUhest Yesterday 70 Lowest this Morninr 4 Prec. to 10 a.m. Today 12 Our Skies Tonight sunrise . fi:Oj a.m. Sunset 6:52 p.m. Moonrise Friday 4:56 a.m. New Moon March 31 PROMINENT STAR Antares. risea 12:29 a-m. VISIBLE PLANETS lupiter. hirh In south east 9:23 p.m. Mars, set 11:04 p.m. Saturn, rises .. 12:24 a.m. north of Antares.
