Communications
Letters to the Editor must bear the name and address of the writer,
although under certain circumstances the use of a pen name or initial
for publication is permissible. The Mail Tribune reserves the right to
edit all letters with a view to clarification and condensation. Letters
submitted for publication must not exceed 400 words. The letters
printed in this column do not necessarily represent the views of the
paper; in fact the contrary is often the case.
Litigant Protests
To the Editor: "Lets Keep
an Experienced. Fair and
Competent Judge on the
Bench!" Every time I read
that byline in the papers
nearly have hysterics. I sup
pose Judge Kelly will be re
elected as many people are
goiftg by what the bar asso
ciation "thinks." Myself,
couldn't care less what they
think.
Judge Kelly heard a trial
of ours vs. the State of Ore
gon, last fall, in which the
State owed us $4,500. We had
a jury trial and the judge gave
them the "choice" of giving us
either $3500 or the $500, an
amount the State wanted to
"settle" on us in the first
place. So naturally, the jury
chose the $3,500, (Right here,
let me say that our attorneys
blamed Judge Kelly for this,
and one of the people sup
posed to be "in the know
blamed our attorneys, so may
be you can figure it out I
can't.)
But what I am getting at
is this why have a jury trial
if in the end the judge takes
the verdict from them and
gives his own. Anyway, we
eventually ended up with the
$500 don't ask me how, and
although we do not have it as
yet, seven months later, I sup
pose we'll eventually get
what the attorneys don't take.
We didn't know Judge. Kelly
until this trial came up, but
we supposed that any judge
i i i l i 1 1
wouia near a uiu lainy anu
squarely. Incidentally, I know
Mr. Walter Nunley, and have
always found him to be a man
of his word, with lots of good
judgment and integrity, and
I have a feeling that the only
reason he was defeated in the
last election was because he
could have been doing his job
and doing it right, and that
seems to be a rarity in our
courthouse today. I voted for
him in the last election and I
will dp so again. I think it's
time we get the "long-term
blue-bloods" out of the court
house and put in someone who
will earn what we are paying
them for. ,
'i Mrs. Mary Wells,
264 Wightman st.,
Ashland. '
'Time for a Change"
. .To the Editor: I have just
read the article in the Ore
gonian of May 13, which is
just what Mr. Frank Perl has
been asking for. I quote Mr.
Sweetland who is chairman
of the Legislative Interim
Commttee on Coroner Quali
fications: "It seems to me at this mo-
ment that the most exposed
link in your chain is the coroner-mortician
tie-in. There is
general suspicion that the
coroner uses his authority un
duly to enhance his private
business."
He further states that it can
be expected that the '59 Legis
lature will consider drastic
changes in the law pertaining
to county coroner, perhaps
even to the point of eliminat
ing the mortician from the
office. As Mrs. Mary Jacobs
wrote in her communication
to your paper, Mr. Frank Perl
not only believes in this bill
but has worked hard that it
might become a law. He offers
us the only solution to this
problem until the bill is
passed. His platform is fair
and ethical. He is experienced
and qualified as any other fu
neral director. I know I voice
the opinion of many when I
say that after the office has
been in one local firm for 16
out of 18 years, it is surely
time for a change.
Hazel Oppie
110 South Grape st.
Medford
Unfair fo Judge Kelly
To the Editor: The state
ments being made about the
leniency shown by Judge Ed
ward C. Kelly in criminal
cases seems most unfair to me.
To get the true facts it would
be necesary to make a com
parison of decisions of all
three Circuit Judges on crimi
nal cases. I am sure such a
comparison would show Judge
Kelly to be as just, fair and
showing no more leniency
than the other two judges.
Criminal cases are only a
part of all the cases coming
before a Circuit Judge and
these other cases are just as
important to individuals as are
the criminal cases. For this
reason we should have a judge
with experience, knowledge of
the law, ability and integrity.
For the above reasons my vote
is for Judge Edward C. Kelly.
W. E. Driscoll Sr.
1120 South Oakdale ave.
Medford
Judge Kelly Criticized
To the Editor: Mr. Nunley
was defeated for re-election as
D.A., not because he was un
qualified or inefficient, but
because huge sums were
poured into the coffers of the
Democratic party to finance
his opponents' campaign, and,
at the time the lawyers' poll
backed his opponent! Accord
ing to numerous writeups in
the Medford Mail Tribune at
the time, large sums were
procured from the tavern
keepers, locally and county-
wide, turned over to three lo
cal attorneys who In turni
handed them over to uniden-
tified individuals for use in
the campaign. One of the can
didates running for the cir
cuit judge post admitted, ac
cording "to the Tribune write
up, turning the funds to the
Democratic bank account, evi
dently. The tavern keepers
were punished. They could
have been ignorant that they
had broken a statute and so
claimed, but the three attor
neys could by no stretch of
the imagination plead ignor
ance. They knew it was i: -igal
for tavern keepers to contrib
ute to political campaigns.
Is this the type of justice
that will be dispensed? Whose
rights will be protected?
Those of the innocent victim,
or just the offender's? Isn't a
judge supposed to protect the
rights of all citizens?
Do the voters want a man
who will go all out to "pro
tect the rights of the crimi
nals" but forget about pro
tecting the innocent victims
and the homes? Will this bring
criminals of all types here
from areas which are not so
soft? Do they want a man
who will protect both the
rights of the defendant and
the victim? The Grants Pass
Courier recently had a potent
editorial in which it brought
out the fact some criticism had
been directed toward Judge
Kelly for remaining active in
Democratic party affairs aft
er his appointment to a non
partisan judgeship.
The lawyers' poll is puz
zling to any thinker. Can it
be because Mr. Nunley can
not be influenced to be other
than impartial?
Forget the lawyers' poll.
Listen to the ministers and
the "common people" who
want our courts conducted by
impartial fairness. Walt Nun
ley has five fine children to
raise. He wants a safe, decent
place to raise them, so he will
strive for that kind of a com
munity. What kind do you
want, mothers and fathers?
Then vote for him! You won't
be sorry. And you can' be
proud you backed a winner!
Mrs. E. R. Gilberson,
1132 Ross lane,
Medford.
Nunley Has "Guts"
To the Editor: I believe in
giving credit where credit is
due, and I think Mr. Walter
Nunley should be given credit
for his courage. It takes a
lot of courage for a man of his
caliber to run against a man
of Judge Kelly's proven- abil
ity. - .
In one respect Mr. Nunley
is well qualified to run for po
litical office, he has a tremen
dous ego, but beyond that he
seems to have little to offer.
His record as district attor
ney was so mediocre that he
was soundly 1 defeated in his
bid for re-election to that of
fice, and now he comes back
to the voters and asks us to
elect him to an office of still
greater importance. Are we
to assume from this that Mr.
Nunley feels that if a man
makes a poor office boy he
should be made president of
the company?
It may be that Mr. Nunley
is naive but I think it is des
peration. I believe that the
salary of circuit' court, judge
looks mighty good to Mr. Nun
ley. In other words, I think
that he is more dedicated to
what is good for Mr. Nunley
than to public service.
Now there is nothing wrong
in being dedicated to one's
own welfare; however, I think
the voters might have been
more inclined to take Mr.
Nunley seriously if he had
been more honest about his
motives. However, you have
to admit he has guts, lots of
guts.
Joe A. McCalvy,
559 Hazel st.,
Central Point.
Dr. Waterman States Position
To the Editor: Walter Nun
ley has attempted to give the
impression mat ne nas re
ceived the endorsement, in
his election campaign, of Dr
John Waterman, who many
people know as the highly ef
fective psychiatrist with the
Child Guidance Clinic.
In response to a query, Dr.
Waterman has stated categor
ically tnat I nave not en
dorsed Mr. Nunley as a can
didate for political office, nor
have I specifically endorsed
any other candidate for polit
ical office."
Apparently, Mr. Nunley is
attempting to use, for political
purposes only, a quotation
from a friendly letter written
several years ago, and which
had nothing to do with this
or any other political cam
paign. '
2242 Buena Vista dr.,
Edith P. Rode,
Medford. ,
Tarcial' Pilfering Charge
To the Editor: I have been
aseein' a lot about the Miss
Samuels case, an' ahearin' a
lot more.
It sure a lot f labbergastin'
wen you stop to think about
the thing.v Seems like as tho
the man Duff should a been a
deteckatif in stead of city
manager. He shore -mist his
callin' an' that's for shor.
Aint no body beleeves his
story. Fer wy? Well, f er one
thing Miss Samuels was jist
about to retire, wen it hap
pens. t. .
Ifen she was aloud to retire
she wouldv got a penshun. So,
to maik shor she woodn't get
one mightv been the reason
she was deteckated. But I
want to know wat kind of
treetment she got to maik her
say she was gilty? I don't be
leeve she said it. No matter
what allegater made the alle-
gatshun.
Looks to me like the hole
darn thing is a fraimup. Just
could be, you know.
But I got to admit the alle
gater tride to maik a good
case.
If'n this is true, then there
was more than one allegater.
VOTE
X
John W.
summ
FOR
STATE
SENATOR
JACKSON COUNTY
i
A Letter To The
People of Jackson
County From John Snider
As a candidate for the Republican nomination as
State Senator, it is my sincere desire to serve as a
credit to Jackson County and our state.
As the head of a family of growing children, I am
aware of the increasing tax burden on the average
homeowner."
Active in, administrative government, I am also
aware of the needs for expanding services created by
rapidly increasing population trends.
Between the NEED for these services and the need
for PAYING for them, there is the important function
of balance to be maintained by the State Legislature.
4
I believe in the encouragement of industry through
sensible taxes and workable legislation".
I believe in providing our children with the best
possible education from, grammar school through col
lege. N
I believe in good recreational facilities for folks of
all ages.
I believe in the future of Jackson County and of
Oregon it's fruit, it's lumber, it's agriculture, ifs tour
ist potential.
I would consider it a privilege to represent Jack
son County in the State Senate. If you feel that my
background in business and government meets your
qualifications, I shall appreciate your vote and would
ever strive to be worthy of it.
Pd. Adv. Snider for Senator Committee
Tom Wray, chairman, 36 So. Barneburg Rd., Medford
Whether he lide or not may
be known some day. But wat
about Miss Samuels? Is she
goin' to hafto taik all that yap
about her? And 'yap' is what
I think it is. An a hole lot of
people think as I do.
Wat is this I hear about a
Gran' Jury'?
One charge is $17.50, and
a one of $50. Wich is right?
Er is neither one?
I fer one, want to see Miss
Samuels come "cleer" and, I
mean ciear; oi an mua on
her charackter, or rep'tation.
I want to say right here and
now that, to me, the hole
thing smells to High Heaven
A woman works for the city
till time to retire and then
has to face a contemptible pil
fering charge. It is too farcical
to meet with credence.. Any
Grand Jtiry should see "it so,
And rebuke the said - allega
tors and squash the allega
shun. Andy L. Unger, v
634 Pennsylvania ave.;-:
Medford.
MAIL TRIBUNE, Mtdfarrf, On,. Thursday; May 1$, 1951 5
Legal Secretary for Nunley
To the Editor: I was a legal
secretary for 33 years; 26
years of that time as secre
tary for Porter Neff, and Neff
and Frohnmayer, and the last
four years as secretary for
Walter D. Nunley, while he
was District Attorney. I have
known every lawyer who has
practiced in Jackson county
during the last 30 years, ex
cept for some of the younger
lawyers now practicing here,
in the last two years since my
retirement.
Although Walter Nunley is
a young man in years and in
his years of practice, it is my
opinion that he is much above
average : in his ability as a
lawyer, compared to all the
lawyers I have known. As
district attorney I was con
stantly amazed by his mature
judgment, his knowledge, of
law and his knowledge of
people.
Walter Nunley is one of the
kindest men I have ever
known, but he is not a soft
man. He makes his decisions
carefully, arid once they have
been made, he cannot be pres
sured or pushed into changing
them. He will change them
only if he is shown to be
wrong. Many parents arid
young men whom Walter had
helped were always coming
into the office to thank him
for what he had done for
them.
On Nov. 22, 1956, I receiv
ed a letter from my friend Dr.
John Waterman, who helped
set up our Child Guidance
Clinic. Dr. Waterman express
ed his own and my feelings
in that letter. He said in part,
"Walt represents something
that has never yet been ac
complished. It is the integra
tion of law and human rela
tions. I mean the sort of thing
that was first discussed by
Shakespeare in the Merchant
of Venice when Portia won
her case against Shylock."
Walter Nunley is well quali
fied to be Circuit Judge.
Elsie M. Grove,
301 North Peach st.,
Medford
Judge, Kelly Defended
To the Editor: We have just
read the letter signed . by
Corabelle Dailey. We were as
deeply shocked as anyone
over this murder; however,
we do feel that Mrs. Dailey's
criticism of Judge Kelly is
unjust and would not have
been made had she had full
knowledge of our criminal
procedure.
The constitution .of this
state provides that no person
shall be charged . with any
crime in any circuit court of
this state except upon an in
dictment found "by a grand
jury. The grand jury is a
group of seven persons drawn
by lot at the commencement
of each term of court from
the jury panel. The district
attorney presents the evi
dence to the grand jury and
explains the nature of the
charges which may be found
by the grand jury. The delib
erations of the grand jury are
secret and not even the dist
rict attorney may be present
when the grand jury is delib
erating or voting upon the
matter before it.
Judge Kelly had absolutely
no control over the grand jury
and it would have been im
proper for him to tell the
grand jury either what crime
it should have charged or in
vestigated insofar as Ayers
was concerned. ' He would
have infringed upon the con
stitutional duties imposed
upon, our grand jury had he
done so.
When the grand jury re
turned an indictment charg
ing second degree murder
and not first degree murder,
and when Ayers pleaded
guilty to this charge, Judge
Kelly imposed the only and
maximum" sentence permitted
Reeder Says Judges Exercise
Functions With Responsibility
Jackson County District At
torney Thomas Reeder said to
day that in all criminal cases
in circuit court Judges H. K.
Hanna and Edward C. Kelly
"exercise their judicial func
tions with the utmost respon
sibility and integrity."
Reeder issued a statement
yesterday in connection with
what he termed, "some un
warranted statements made
by Mr. (Walter) Nunley con-:
cerning the disposition of cer
tain criminal cases by Circuit
Judge Edward C. Kelly."
The district attorney point
ed out that "inasmuch as the
ethics, high standards and tra
ditions concerning the judici
ary in this country prevent
a judge from entering into the
political arena and engaging
in political warfare, a judge
is vulnerable . to the type of
compaign Mr. Nunley is wag
ing, regardless of the unfair
ness of such an attack."
Judge Kelly and Nunley are
candidates for circuit judge,
position No. 3, which includes
Jackson and Josephine coun
ties. Acquainted With Cases
Reeder pointed out he is
personally acquainted with
every .criminal case handled
by circuit courts over which
Judges Hanna and Kelly pre
side. His statement continued:
f T ' wish to emphatically
state that in all of these cases
both Judge Hanna and Judge
Kelly exercise their judicial
functions with the utmost re
functions with the utmost
responsibility and integrity.
Their burden, responsibility
:
Plane Crashes
Keep Navy Busy
China Lake, Calif. (If)
The Navy had its hands full
here Wednesday . with the
crash of two jets and a heli
copter within a few hours; but
the pilots escaped serious in
jury. '
First, a jet piloted by, 1st
Lt. Matthew B. Peck Jr., 29,
of Squadron 431, 3rd Marine
Aircraft Wing, -El Toro, Calif,,
developed engine .trouble
about 30 miles south of here.
Peck parachuted to safety
and was picked up by helicop
ter pilot Lt. Cmdr. P. W. Nich
olas. Later, Lt. Cmdr. S. J.
Prenselaar, 38, ejected at 20,-
000 feet when his F-49-1 Sky
ray developed trouble. He
also was picked up by Nicho
las. On the way back to the hos
pital for a checkup. Nicholas' j
'copter was forced down.
Nicholas and Prenselaar were
picked up by another helicop
ter. .
Both Peck and Prenselaar
suffered minor injuries, but
Nicholas was unhurt.
and judgment is a heavy one
and they carry it, in my opin
ion, honorably arid well. ..
"Judge Kelly has, in most
instances wherein he is being
criticized, requested pre-sentence
reports by the Oregon
board of parole and proba
tion. This is a common prac
tice of the enlightened judi
ciary of this state. Based
upon these reports, the rec
ommendations of my office
and the facts of the crime,
Judge Kelly imposes sentence.
Unfortunately this careful and
realistic method of sentencing
is., being discredited as 'soft
justice.' '
Callt Attention
"Mr, Nunley has called at
tention to the. few cases
wherein the few individuals
placed upon probation have
failed to meet the obligations
imposed upon , them. These
have either been' revoked or
are in the process of being
revoked, except one case
wherein the individual has
been sentenced to the peni
tentiary from another juris
diction. He fails to call atten
tion to the majority of persons
placed upon probation by
Judge Kelly who have suc
cessfully lived up to those
stringent requirements. Nei
ther does he . call attention
to those persons before the
bar of . justice whom Judge
Kelly has sentenced to the
penitentiary.
"To illustrate, Mr. Nunley
has of ten. cited the Lessman
case. This riian was charged
with the unlawful possession
of a narcotic, specifically
marijhuana. He pleaded guilty
and received a three-year sen
tence in the state penitentiary,
"The executton of the sen
tence was suspended and he
was placed on probation un
der supervision of the Oregon
board of parole and probation.
In- this case. Judge Kelly re
quested a pre-sentence " re
port. Based upon this pre-sentence
report, the recommenda
tion of a prominent protestant
minister, a psychiatric report,
and' the recommendation of
this office, Judge Kelly placed
Mr. Lessman upon probation.
Prisoner of War
"I believe one of the rea
sons these various people
made their recommendation
to give Mr. Lessman another
chance was the reason that
he began to use marijhuana
while a prisoner of war of
the Chinese Communists. He
was a Marine, fighting in the
Korean War, and was cap
tured. It was during the time
he was a prisoner of the Chi
nese Communists that, along
with many other prisoners,
he began to use marijhuana
in its natural state.
"Unfortunately Mr. Less
man was not able to live up
to the terms of the probation
granted to him and the same
was revoked and the order
to show cause why his proba
tion should not be revoked
was signed by Judge Kelly
long before Mr. Nunley began
to use the same as a campaign
issue. 1
Passenger in Car
"It should also be pointed
out .that.' Henry Foster -was
a passenger in the vehicle
Mr. Lessman was driving at
the time .they were arrested.
There were no facts upon
which to charge Mr. Foster
with the same crime. That it
the reason the charge against
Mr. Foster was reduced to
resisting arrest, and he was
under the jurisdiction of the
district court. At no time was
he before Judge Kelly. I cite
this merely as an example-of
the distortion of a case which1
can be ' very misleading to
the public. . ' .,
. "As the prosecuting attoir
ney for the state of Oregon
and being far more familiar
with these cases . than the
critics of Judge Kelly, I wish
to assure the people of Jack
son county that both Judge
Hanna and Judge Kelly deal
with the criminal matters be
fore them" with fairness and
firmness .and are a credit to
our judiciary." ',,.-
Trujillo Willing
To Explain Gifts
To Film Actresses
Hollywood (IP) -Free,
spending Lt. Gen. Rafael Tru
jillo Jr., 29, today was re
ported eager to meet with the
press to explain the whys and
wherefores of his lavish gifts
to actresses Kim Novak and
Zsa Zsa Gabor.
Victor Sued, secretary to
the Dominican Republic offi
cer, said Trujillo- still was
recuperating from a sinus
adenoid operation but wanted
to meet the press when he
was able.
Young Trujillo's gifts of
cars and furs to Miss Gabor
and Miss Novak still were
creating a stir today, both
here and in Washington, D.C.,
where legislators wanted to
know where the general got
his money.
Aid Fund Questioned
- Specifically, they wonder
ed if any U.S. aid funds to
Trujillo's country had been
squandered in . buying rich
presents for the film stars.
Trujillo, married and the
father of six, is in this country
to- study military; science at
Fort Leavenworth, Kan. He
came to Hollywood on leave,
granted for. "medical reason."
'' Members of his staff and
relatives left Wednesday by
chartered , plane, producing
speculation that Trujillo soon
may head back to Kansas and
his studies.
Traffic Safety Awards
Announced by Council
Chicago (W Awards to
18 individuals and organiza
tions for outstanding contri
butions to traffic safety in
1957 were announced Wed
nesday night by the National
Safety council.
The annual awards are de
termined in part by the assis
tance and support given offic
ials in placing the action pro
gram for . traffic safety to
work on the community and
state level, -the council said.
Navy Constellation
Crash Fatal To Five;
Taft. Calif. (IP) A four-
engined Super Constellation
Navv nlane. trying vainly to
make the Taft airport, crashed
and burned five miles norm-
east of here Wednesday night,
killing at least five' persons
aboard.
The plane took off from On
tario in southern California
bound for Moffett Field, near
San Jose.
Names of the dead were
withheld pending notification
of relatives.
'Sheriff's denuties and fire
men worked by searchlight,
pouring water on the smoul
dering wreckage to coor it
enough for a check of the
fuselage.
Five bodies, believed to be
members of the crew, were
pulled from the forward sec
tion of the plane.
by the laws of the state of
Oregon, namely life impris
onment.
Judge Kelly had nothing to
do with "letting this murder
er get away." He acted strict
ly in accordance with the con
stitution and the laws of this
state.
Again, we express our sym
pathy to Mrs.-. Dailey, and
write this letter only in the
hope that it will explain the
criminal procedure,
Ben T. Lombard,
William M. Briggs,
Ashland
ELECT
Judge JAMES 1.1. MAIN
Circuit Court Position No. 1
Pd. Pol. Ad. Ben Day, Chmn., Gold Hitl '
IT IS NOT TRUE
. . . that when Frank Perl is elected County Coroner there will
be fire coroners and five coroner's xrff ices. Frank Perl will be
the only Coroner and all records will be kept in his office.
Those he appointed in the other four funeral homes would be
only deputy-coroners, and fully responsible to him.
IT IS NOT TRUE
... that under the "rotation plan" proposed by Frank Perl the
families would have no choice of the funeral ' director or
mortuary desired. The main basis of the rotation plan is that
families would be consulted FIRST regarding their choice of
funeral home. Only when there is no family or they have no
preference would other funeral directors be involved, and
then on a basis of rotation between the five mortuaries.
IT IS NOT TRUE
- e
... that most funeral directors have reversed the position
they took in 1956 that there is a better arrangement than the
present mortician-coroner system. We are merely waiting for
the Interim Committee of the State Legislature to take the
whole thing out of politics and set up the. qualifications or
structure for a different system. This was requested by the
people in the general election of 1956 by a majority vote of
three to one, but has not yet been established.
IT IS NOT TRUE .1
. . . the present Coroner has not performed his duties satis
factorily. He has; and the funeral directors of the other
mortuaries would be the first to deny any statement to the
contrary. It Is merely that his firm has held the office for 16
out of the past 18 years', without sharing either the benefits
or the responsibilities with the other mortuaries, and it is time
for a change from this monopoly.
FOR
Political advertisement paid for by
Chapel Mortuary, Frank Morgan and Harold Snodgrass,
1 King Street, Medford .;
X '
1