NOTE: Revealed here for the first time in any publication is the complete story of a cause célèbre that won for the Medford Mail Tribune the coveted Pulitzer Prize for the year of 1933 for its reporting of this most unusual criminal case.--EDITOR.
   
    In 1926, there moved into Jackson County, Oregon--the richest fruit-producing and mining county in the state--Llewellyn A. Banks, a reputedly wealthy and experienced orchardist from Riverside, California. He first bought a large orchard, then, in 1928, purchased an enterprising newspaper, the Medford Daily News. By this time, he was being hailed as one of the leading citizens of the state. People, however, began to wonder just who this man was, when his editorials commenced to be tinged with more than just a trace of radicalism.
    By 1931, his newspaper was carrying to every corner of the state fiery denouncements of our government. He blasted the so-called moneyed men, the power interests, our courts and our elected officials. All were subjected to daily diatribes of vilification and abuse, and accused of charges originated from grounds wholly fanciful and fantastic.
    He used his newspaper as a medium to inflame the minds of malcontents. He harangued them, and all who would listen, until he made them think he was a martyr and they were being martyred with him. Thousands, harassed by the lean years of the depression, flocked to his side.
    During‘this period, there also lived in Medford, the county seat, Earl H. Fehl, editor and publisher of the Pacific Record Herald. Fehl also had long since been gathering editorial fodder from his opinion of the manner in which the affairs of the government were being handled. His writings had always been of a violent nature, often bordering on the very edge of criminal syndicalism.
    The two publishers, seeing in each other an ally, joined forces. And so was formed the team that, under the pretext of "fighting for the people's cause," was to make criminal history.
    By 1932, their followers numbering into the thousands and completely under their control, they decided the time had come to reap the financial harvest and make their bid for power by molding a solid organization from the masses. The organization was named the "Good Government Congress," a very disarming title, as we shall soon see.
    For officers this so-called Good Government Congress elected Henrietta Martin, a noisy agitator, as president; C. H. Brown, her father, secretary; and C. J. Conner, vice president and chairman of the secret membership committee. But they were only puppets. In a separate resolution, Banks was elected honorary president and given full general veto and dictatorial powers. Each member was to be assessed the "small sum" of fifty cents per month. Banks was fast accomplishing his end. Thousands of dollars a month would soon be pouring into his coffers--and he was now the "Dictator."
    This much accomplished, Banks stepped out to get control of every office in the county and set up his own domain from which he could spread over the entire country like a cancerous sore--through terrorism if need be--and still remain free from prosecution. In the elections of 1932, he set up his own candidate--who was none other than his fellow radical, Earl Fehl--for the important office of County Judge. For the powerful office of Sheriff, he sponsored Gordon L. Schermerhorn, for District Attorney, he sponsored M. O. Wilkins.
    No great amount of alarm over this was felt by the law-abiding citizens, however, for the incumbents in these offices were men of unimpeachable character, with years of faithful and meritorious service to their credit.
    But something slipped, Fehl was elected County Judge, and Schermerhorn was elected Sheriff. District Attorney Codding barely managed to hold his office by a slight margin, much to the displeasure of the Dictator. The position of District Attorney, however, was now a farce. He would have no Sheriff to entrust with important confidential investigations, serve warrants, maintain order, etc. Furthermore, he would be facing an adverse County Judge.
    The election of Fehl to the county judgeship put a powerful weapon in the Dictator's hands, and he did not hesitate to use it in the months to come. The county court then had charge of relief disbursements, could throw open the doors of the county commissary, had charge of roads, appointed election officials and fixed polling places, etc. But most important of all, he would occupy the bench to rule on the destiny of those brought before him for justice, to judge right from wrong, and an unlawful act from a lawful one.
    In the meantime, District Attorney Codding began receiving tips that all had not been as it should be at the election polls. In view of this, the incumbent Sheriff, Ralph Jennings, an upright and outstanding officer, decided to file suit for a recount in Circuit Court of the election ballots. On the face of the election count, he had been defeated by but 123 votes.
    The moment the suit was filed, the entire election took on a bad odor. Sheriff-elect Schermerhorn went into hiding immediately to avoid service and summons. After a long and unsuccessful search for him, it became obvious that he intended to remain in hiding until the date of assuming office, January 2nd, 1933. This would permit him to get control of the important and powerful office and hold same until such time as the suit could be acted upon by the courts. A lot could happen during this period. and, unfortunately, it did happen.
    At twelve o'clock midnight, January 1st, 1933, Earl Fehl automatically became County Judge. At six o'clock in the morning of the same day, there was a strange meeting at the Judge's house. Sheriff-elect Schermerhorn arrived from his hiding place in Northern California, accompanied by two carloads of men. He was sworn in as Sheriff by Judge Fehl and, in turn, he swore in his companions as deputy sheriffs. Promptly at eight o'clock, they marched on the courthouse to take the office by force, if necessary. The retiring Sheriff, however, was perfectly content to let the courts decide the matter, and they met with no resistance.
    The moment Judge Fehl settled himself in his high-backed chair, he made the announcement, "I am the duly elected Judge of Jackson County--Judge of all the people." Immediately, he plunged the courthouse and the entire county into a maelstrom of discord and strife. The building was continually jammed to capacity with loiterers and agitators.
    Court sessions became nightmares, and no official could perform his duties in the turmoil that existed. Judge Fehl seemed to be directing his entire efforts to building and enlarging the Good Government Congress. The courthouse auditorium was thrown open to weekly meetings of that organization. No words can describe the situation.
    Dictator Banks, as he was now being referred to throughout the county, was fast becoming drunk with power. He delivered speeches from the very steps of the courthouse, that were so violent they far exceeded the imagination of any clear-thinking people. He demanded that District Attorney Codding and Circuit Judge Norton, two of the most upright officials in the state, resign at once. They were the only stumbling blocks in his march to complete power. In open speeches to his followers, he encouraged them to seize these officials by force, tie them to whipping posts. If this didn't force their resignations, he suggested use of the hangman's noose.
    February 2nd, in a speech to his followers, the Dictator declared, "We have now come to the great showdown where blood will have to be spilled." In another on February 10th, he shouted, "The Good. Government Congress serves notice on Circuit Judge Norton and District Attorney Codding, that either you will destroy us or we will destroy you." Then, in a later speech from the courthouse steps, he announced to a howling mob, "I am ready to lead the field in open revolution."
    The situation was desperate--was fast reaching a climax. The county was rampant with hatred and distrust. People were disposing of their homes and businesses and moving elsewhere to seek peace and safety. Editors of other newspapers throughout the nation were warning the people to suppress this uprising. But the climax was yet to come.
    Perhaps the reader will wonder why the efficient Oregon State Police were not taking a hand in this vital case. The reason was a simple but binding one. We were not permitted to participate in disputes involving labor troubles or an election contest, except upon orders from the Governor of the State. Inasmuch as an election contest had been involved in this series of atrocities, we were prohibited by law from taking action.
    A ray of hope appeared on the horizon, however, when, on February 20th, Circuit Judge George Skipworth, occupying the Jackson County bench on the recount case after an affidavit of prejudice had been filed against Circuit Judge Norton, ordered that the election ballots be counted again the following morning in open court. By this time, many were certain that irregularities had existed in the election, and that a recount would automatically remove the radicals from control of the county affairs.
    Early on the morning of February 21st, I was startled from my sleep by the persistent ringing of my telephone. I was soon wide awake, however, as I listened to the excited voice of my caller. The most openly defiant and brazen act in the history of the state had been committed. The courthouse vault had been broken into, and the ballots, which were to have been counted before Circuit Judge Skipworth, had been stolen.
    This was too much. District Attorney Codding and Chief McCredie, of the Medford Police, had phoned long distance to Charles P. Pray, Superintendent of State Police, and requested our assistance, stating that the situation had now gotten completely out of their control. Superintendent Pray, after a hasty inquiry into the facts, immediately instructed my superior officer, Captain Lee M. Bown, commanding officer of District Three, to render the District Attorney and city
police any and all assistance they might require. I was immediately assigned to investigate the case.
    Arriving at the scene of the crime, I found that the window of the vault, which is at the rear of the courthouse building, had been smashed in, in such a manner as to permit the burglars to reach in and release the latch. An inventory revealed nothing stolen but ballot pouches. Of these, thirty-six were gone.
    A search for fingerprints was practically useless. Crowds had been in and out of the vault before my arrival, and, as usual, had handled and disturbed everything. I was fortunate, however, to find, clinging to a sharp corner of the window frame, a small piece of cloth such as that commonly used in the manufacture of men's pants. This tiny fragment of cloth was destined to become of great importance and give us our first break in the case. The information regarding this find was quietly given to state and city police officers present. They were told to mingle with the crowds and watch for some man with torn pants of the same material.
    Continuing the investigation, my attention was attracted to several significant facts. The steel shutters protecting the window through which entrance had been gained had been left open on the night of the theft. Also, Captain Bown and Chief McCredie discovered the tops of eighteen ballot pouches concealed behind an inspection door off the boiler room which is used to gain access to the plumbing under the building. Extinguishing the fires in the furnaces, we were further rewarded with the discovery of metal clasps and hinges from the tops of approximately a dozen ballot pouches.
    All of the aforementioned pointed to only one thing--an inside job. It could be no one except some person, or persons, who had access to both the boiler room and the vault. Conferring with County Clerk George Carter, custodian of the vault, we were advised that he had been assisted in the vault on the day of the theft by Mason and Wilbur Sexton, two brothers, aged twenty-one and nineteen respectively. They were fairly well known to the police, their most recent introduction having been gained through a brawl on New Year's Eve, in which there was supposedly a display and the use of knives, resulting in their arrest. After being confined several days, the grand jury, then in session, investigated their case and returned a "not a true bill." Instead of accepting release, however, the brothers remained at the courthouse, and roomed and boarded at the county jail. They were soon known to be circulating literature and ambitiously soliciting new members for the Good Government Congress.
    There had been considerable comment as to why the Sextons had been kept around the courthouse--perhaps for just such a thing as the ballot theft. In any event, we resolved to find out. Chief McCredie spotted Mason Sexton mingling with crowds in the courthouse. Maneuvering into the right position, the Chief's keen eyes quickly appraised Sexton's pants. He was wearing a pair of the same material as the fragment of cloth found on the window frame--and they were torn in the right leg.
    Following Sexton around the building, the Chief finally found an opportunity to arrest him and get him to the city jail without being seen. The arrest was handled in this manner, as we did not wish to reveal the trend of our investigation. An hour or so later, his brother, Wilbur, was similarly taken into custody by Captain Bown and myself.
    When Mason was brought into my office for examination, not a word was spoken as I removed the fragment of cloth from an envelope, matched it to his pants, clipped another small piece from, the trousers and subjected both to microscopical comparison end examination. The cloth was identical. Sexton paled as he watched these proceedings in the ominous silence that prevailed in the room. He knew he was doomed--doomed by a small shred of cloth.
    But it was not Sexton that we wanted. To send him to prison and leave the leaders free to continue their march of destruction would be accomplishing exactly nothing. For four days and nights, Mason and Wilbur were questioned by Captain Bown, Chief McCredie, Deputy District Attorney Neilson and myself. They were hopelessly trapped, they realized, but as to the leaders, they would not utter one word. When the conversation and questioning drifted into those channels, they would merely "clam up."
    It was obvious that they felt secure in the thought that they were backed by the strongest influences in the county, and that it would be only a matter of a day or so until they would be out again and free--if they just stayed "right guys." This much they practically admitted.
    However, as time wore on and no help was forthcoming, they began to wonder. Finally, in the early hours of the morning of the fourth day, Mason, tired, worn out and fighting mad at not being rescued by his cohorts, jumped from his chair and shouted, "I'll talk and talk plenty." We all breathed a sigh of relief, for at last we were going to get the whole story.
    The confessions of Mason and Wilbur Sexton consisted of fourteen full legal-size, single-spaced typewritten sheets, and contained revelations that left us stunned and shocked. The audacity and brazenness of the perpetrators of the bold theft was beyond comprehension. In their confessions, the brothers told how they had been given permission by Judge Fehl and Sheriff Schermerhorn to live at the jail. In return, they were to obtain new members for the Good Government Congress, etc., as related earlier in this story.
    Referring to the night of the ballot theft, they told of coming out of the courthouse auditorium, where a meeting of the Congress was being called to order, and encountering in front of the vault a group in serious conversation. In this group were County Judge Fehl; Chief County Jailer John Glenn; Deputy Sheriff Charles Davis; Walter Jones, Mayor of Rogue River and County Road Supervisor; C. J. Conner, Vice President of the Congress; Thomas Brecheen, Ashland ward leader, bond broker and claimant of seven years service in the United States Secret Service; and Milton Sexton, the youths' father, who was merely standing by as a listener.
    They were asked by Brecheen to join the men. Then, in the presence of the others and without any further ceremony, he bluntly asked them whether they knew the combination to the vault. When they replied they did not, he questioned them about the possibility of getting in through the rear window. They explained the setup inside, stating that there was a collapsible steel shutter inside the window which was not in use at the present time. Judge Fehl, after questioning them to determine whether they were positive in this respect, left to attend the meeting.
    The boys went on to relate that after the judge left, the rest of the group--with the exception of their father, who took no part in the conversation, and Chief Jailer Glenn, who had to return to his office--went to the boiler room and obtained a crowbar. Deputy Sheriff Davis then tried to pry the window open with the crowbar but found he could not budge it. They then returned to the boiler room and obtained a huge monkey wrench. Mayor Jones smashed the glass in the window, reached in and unfastened the latch. The window open, the rest of the mob swarmed into the vault and began hauling out ballot pouches.
    There were, the brothers estimated, about twelve or fourteen men engaged in the actual theft. Others were standing guard, armed with pieces of gas pipe, clubs, pistols, etc., in case any state or city police should happen on the scene.
    Some of the pouches were loaded into a Ford delivery wagon, owned and driven by E. A. Fleming, an active Congress member; others were put in a Willys Knight roadster, owned and driven by Arthur LaDieu, business manager of the Medford Daily News; and more yet were thrown in a Ford coupé, the identity of the owner not being known to the Sextons. In addition to those mentioned earlier as participating in the original plans to rob the vault, they were able to identify Wesley McKitrick, James D. Gaddy, R. C. Cummings, Earl Bryant and C. J. Conner, all active in the Congress, as having taken part in the bold theft.
    After the cars were loaded, the boys got in with the driver of the Ford coupé and drove out to the Bybee Bridge, which crosses the Rogue River. When they were pulling away from the courthouse with their load of pouches, they passed the Sheriff standing in the shadows of the trees on the back street where he had been watching the theft. As they passed him, he raised his hand in a signal of greeting.
    After dumping their load of pouches in the river, they returned to Medford and found that the mass meeting was over and everything quiet. Brecheen, however, was still loafing around, and, upon meeting them, he told them there had not been enough pouches stolen and instructed them to go back into the vault and take out fifteen or twenty more. He would go to the Medford Daily News office and get a car to haul them away. The brothers took out what they estimated to be about twenty pouches and carried them into the boiler room to await the coming of the car.
    After waiting nearly an hour, they became nervous and decided to burn the pouches in the fireboxes. They cut the tops off the bags and hid them behind a door, intending to dispose of them the next day. The sacks and their contents they burned. Finishing this, they returned to the jail and went to bed.
    The following morning, after the theft had been discovered, they met the Sheriff on the third floor of the courthouse and asked him what would be done about the recount now that the ballots were stolen. His reply was, "You fellows keep your mouths shut about the recount and the ballots being stolen. Don't say a word to anyone, not even to your own mother. If you do, you'll find yourself in serious trouble."
    When the confessions were completed, we realized for the first time what a deplorable mess the county had got into, and the magnitude of the situation that faced us. The Sheriff--the highest officer of the county--a County Judge and a Mayor were involved in the robbing of the building it was their sworn duty to protect. Surely, a lower and more despicable lot of public officials could not be found anywhere.
    Continuing our investigation, we located the crowbar used by Deputy Sheriff Davis in his attempt to pry open the vault window. We found that the prying edge fitted the marks on the windows to perfection. The monkey wrench, also recovered, was found, under microscopical examination, to contain flecks of aluminum paint and pulverized bits of glass. Sergeant E. E. Walker of the Game Division of the State Police, accompanied by Officers Roach, Malcolm and Levya, succeeded in retrieving four of the stolen pouches from the Rogue River.
    All this provided corroboration for Mason's and Wilbur's confession, and our case was beginning to shape up. District Attorney Codding immediately went before Justice of the Peace Coleman and obtained warrants of arrest, charging all the known participants in the brazen theft and five "John Does" with burglary. The stage was now set for the most sensational roundup in Oregon's police history.
    On the morning of February 25th, just four days after the crime, a group of picked and determined officers gathered at State Police Headquarters. Warrants were distributed, and we were told not to come back until we had got our men. But the arrests were to be made quietly and kept strictly secret until we were ready to announce our move to the public. This also had its psychological effect? on the prisoners, for several, languishing alone in cells, did not know that any of the others had been picked up and consequently believed that they had been singled out and "stooled" on by their former allies.
    The Sheriff had been lured to my office and arrested. by the Coroner, since no officer excepting the Governor or a Coroner has the power to arrest a Sheriff. Deputies were also lured to my office and the city police station on various pretexts, and, upon arrival, were served with a warrant.
    So quietly did we work, that no news of the arrests leaked out until the following morning, and by that time we had accounted for all except Judge Fehl, who, in some manner, had been tipped off and fled. We had one other regret. Dictator Banks, the most dangerous of the lot, was still free and at liberty. We had hopes that after the arrests, we might persuade some of the prisoners to talk and give us enough evidence to obtain a warrant for his arrest. But the farther we went, the more apparent it became that he had been his usual cagey self and had covered his tracks well.
    When the news of the roundup finally broke, it was blazoned across the front
pages of every paper throughout the state. Meanwhile, other things had been happening fast and furious, and the events of the day left the people dizzy and reeling. Their Sheriff, chief jailer, a Mayor and others equally as prominent, were all under arrest. The Dictator, suddenly taken aback by this move on our part, was fighting desperately to hold his mob together. Gangs of them were gathering everywhere. There were fights, sluggings, threats and every known form of violence
throughout the county. Sirens were screaming continually as heavily armed officers rushed out every few minutes to quell some new uprising. The city jail was fast filling.
    Leonard Hall. editor and publisher of another local newspaper which had been fighting the "Congress" to the limit and relentlessly exposing the true purpose and intent of this organization, was seized, in the center of the business district during the busiest part of the day, by C. H. Brown, the secretary of the Congress, and L. O. Van Wegen, an organizer. They pinioned his arms around a post and held him while Henrietta Martin, the puppet president, proceeded to lash him furiously across the face with a horsewhip. He was rescued by State Police Lieutenant Dunn and a squad of officers, and Henrietta and her two cohorts were clamped in jail.
    On the morning of February 27th, we were tipped off that Judge Fehl was back on the bench "meting out justice." Our informants went on to advise us, however, that the Judge had no intention of submitting to arrest. He was surrounded by a mob of his followers, we were told, and if need be, would declare his court in session continually. Then if we tried to serve him with a warrant, he would order deputy sheriffs to arrest us for contempt of court.
    This was another new one on us in the never-ending succession of surprises. District Attorney Codding was hastily summoned and advised of this new and baffling situation. He finally decided, however, that inasmuch as we were now armed with a warrant from another court ordering us to arrest the Judge, we would be in contempt of that court if we failed to carry out its order. It seemed we were in for it either way.
    Finally, City Officer Prescott, a veteran of over thirty years service and beloved by all who knew him, and myself, decided that we would serve the warrant on the Judge if we had to turn a fire hose on the mob. We further decided that no deputy sheriffs were going to arrest us until we had completed our mission, at least. Certain that if once we got through the crowd to the Judge we'd bring him out, we loaded our pockets with tear gas bombs and left for the courthouse.
    As we ascended the stairs, we could see the mob overflowing from the Judge's chambers far into the hall. We were met with scowls and threats, but we realized that to hesitate one moment would start trouble. Not so much as slowing our pace, we began shouldering our way through, and, in a few minutes, we were standing before "His Honor." The warrant was quickly read to him, and he was placed under arrest.
    When told to accompany us, he hesitated a moment as though deciding whether or not to give an order. It was a tense moment as every eye in that angry mob was focused on Judge Fehl--waiting. Officer Prescott and I gingerly fingered the gas bombs in our pockets and moved back against the windows. One false move from the crowd and the place would be a sorry mess. Judge Fehl apparently realized as much and finally arose to accompany us, ordering that room be made for our passage. This, I believe, was the first time a County Judge has ever been arrested while he sat on the bench.
    Judge Fehl posted bail, and, as we were planning our next move, startling information came to us that swung us into speedy action. The Judge was now planning another move that not only piled more surprises onto our already overburdened shoulders, but threatened to destroy everything we had accomplished so far. He was issuing writs of habeas corpus for every prisoner we were holding on the theft. This would compel us to expose every bit of evidence we had so far accumulated. Even this would do no good, for we well knew he would turn them loose regardless.
    Captain Bown, upon learning of this unprecedented move on the part of the Judge, quickly made up his mind what to do. We bundled all our prisoners into fast police cars, and, within forty minutes, they were safely lodged in a neighboring county jail and out of jurisdiction of Judge Fehl. This move was perfectly legal and was made just in the nick of time. However, the near disaster left us wondering what to expect next.
    Meanwhile, State Police Detective Sergeants Warren and Lumsden, two of the best interrogators in the entire state, and Deputy District Attorney Neilson, a tireless worker who possessed an uncanny ability to worm a confession out of the hardest of criminals, were questioning Wesley McKitrick, a lieutenant of the Dictator and known to be a member of the inner circle. After hours of grilling, he finally broke, making a nineteen-page confession. We were startled and dumbfounded when he revealed Banks' latest and most diabolical plot.
    Banks was going to order his Sheriff, who was now out on bail, to select 250 trusted members of the Good Government Congress and appoint them deputy sheriffs without salary. Thus, they could go about legally armed and make arrests. He had already selected an abandoned mining bunkhouse deep in the hills and strategically located to withstand attack. The building was solidly built of heavy logs and was practically impregnable. This was to serve as their jail.
    Then he was going to announce in his paper that detectives from San Francisco, who had been employed by the Good Government Congress, had been secretly investigating the entire case and startling revelations would be forthcoming. This was to be followed by the dramatic announcement that the entire plot was at last exposed, and that the whole thing was a scheme to overthrow the Congress. Circuit Judge Norton and District Attorney Codding were to be accused of being the leaders and of having had the ballots stolen. Investigating officers of the state and city police were to be accused of being their lieutenants. He would further claim that his detectives possessed sufficient indisputable evidence to more than ensure the conviction of the plotters.
    At this stage, the mob of deputy sheriffs were to descend on the city and state police offices and arrest every officer they could lay their hands on. Then a favorable backwoods justice of the peace was to act as committing magistrate. The officers would be held in the abandoned mine bunkhouse.
    In the case of the arrests of District Attorney Codding and Circuit Judge Norton, however, it was to be an entirely different matter. They were to be quietly spirited away into the hills, hanged and their bodies disposed of where they would never be found. He would cover the "disappearance" of the Circuit Judge and District Attorney by crying long and loud in his paper that they had fled to escape prosecution, now that the whole plot was "exposed" and they knew that the detectives possessed concrete evidence against them.
    According to McKitrick, these plans were in the last stages and were practically complete. As a matter of fact, he had been busy for several days prior to his arrest, selecting members to be deputized. He, himself, was to be a captain of the organization when it was completed.
    No sooner had McKitrick completed his confession than we immediately began making plans to counteract this bold move. We hoped that we might be in time, but as matters now looked, wholesale bloodshed would be inevitable. For we were certainly not going to stop now and leave the citizens of the state to the mercy of this unlawful and ruthless mob, which would not hesitate to tear the county apart to satisfy the whims of the Dictator who led them around like a flock of sheep.
    Our first move was to throw a heavy bodyguard around District Attorney Codding and Circuit Judge Norton. Then the District Attorney hastily summoned a grand jury. The members were carefully examined as to whether or not they might have any connections with the so-called Good Government Congress. Thomas J. Bell, Jr., was chosen foreman, and they went into session at once. All the evidence in our possession was presented, and, on March 15th, 1933, they returned thirty-two indictments.
    All those already arrested in connection with the ballot theft were indicted. In addition, Henrietta Martin and her two cohorts in the public horsewhipping of Editor Hall were indicted--as were many other lesser lights--on charges ranging from riotous and disorderly conduct to criminal syndicalism.
    And finally the Dictator was reached. He was indicted with the others on burglary charges, as we were now able to show from the various confessions that he not only supervised the original planning to rob the courthouse vault, but also had prepared the alibis for his trusted lieutenants. But this was not all. He was also indicted on several charges of criminal syndicalism, which were more than well founded due to his blasphemous, fiery and threatening speeches and newspaper editorials.
    Hearing of the indictments, a huge mass meeting of the Congress was called by Banks. The leaders were now fighting with their backs to the wall. The Dictator was shouting encouragement to his followers. It was at this meeting that he roared, "I am ready to lead the field in open revolution." He climaxed his speech by stating that he would kill the first officer who tried to serve him a warrant. This he followed with a blaring front page announcement in his paper which stated, "I will spill the blood of any officer who attempts to cross my threshold with a warrant for my arrest." And, sadly enough, this was no idle threat.
    On the morning following the return of the indictments, when a cold wind was blowing off the Siskiyou Mountains, we made preparations to arrest the raving agitator, Banks. Detective Sergeants Warren and Lumsden were summoned and instructed to follow in a second police car and arrive at the back door of the Dictator's home at the exact moment City Officer Prescott and myself arrived
at the front to serve the warrant.
    We took these precautions because informants had tipped us off that Banks planned to kill whoever came after him, flee through the rear and escape to a mountain hideout. Then he was going to produce witnesses to prove that we attempted to "assassinate" him, and that he had had to kill in order to save his own life. His theory was "Dead men tell no tales."
    Just as we were preparing to leave, Prescott asked that I delay the matter long enough to permit him to run home and see his wife for a few minutes. She was bedridden, and a trained nurse was in constant attendance. The trouble and strife during the past months and the threats against the lives of the officers, were more than this kindly, motherly woman could bear. Her shattered nerves finally collapsed and she suffered a complete breakdown.
    And well that Prescott did spend those precious minutes with his ailing wife, for the endearing words he spoke in that short visit were to be the last he would ever speak to her. As I look back on the whole affair now, I cannot help but feel that he had a very definite premonition. Still he did not hesitate one minute to do his sworn duty. How different from the skulking rats we had been dealing with during the past months.
    When Prescott returned we left at once for Banks' palatial residence at 1000 West Main Street. It was a silent trip. Somehow we seemed to feel that either or both of us would not be coming back. It was definitely certain that the Dictator would attempt to make good his threats. He had gone too far to back out now, and he certainly had every advantage in his favor. He would be concealed behind the walls of his home and could shoot first. We were at the disadvantage that some officer, somewhere, has to face every day. He must first be baptized with gunfire before he can return it.
    But, we had a sworn duty to perform, even though it might be at the cost of a life. We saw Detective Sergeants Warren and Lumsden taking their places at the rear as we pulled up in front. We had got through this whole nightmare until now without a shot being fired, or a life being lost, and this was to be the last act. If it could only be concluded like the rest.
    As we mounted the steps of that gloomy dwelling. I was filled with a strange foreboding. When I knocked at the door, there came a faint noise from within--like that made by some one creeping. Tensely we waited, not knowing at what moment a bullet would come crashing through the door.
    After perhaps a minute, I knocked at the door again. This time it began to open slowly until it reached the length of the burglar chain. We were somewhat relieved to see Mrs. Banks appear at the small opening.
    Prescott greeted her. "I am sorry, Mrs. Banks," he said, "but we have a warrant for--"
    He never finished the sentence, for, at that moment, I saw Banks suddenly appear from behind a colonnade in the dining room with a rifle leveled directly at us. He shouted "all right" to Mrs. Banks, and I cried a warning to, my companion, seized him and started shoving him out of the line of fire. But I was too late. Banks squeezed the trigger, and the mushroom bullet struck Prescott first in the hand and then penetrated his body.
    The momentum of my body carried us both along the porch, finally falling directly in front of a large bay window. I managed somehow to keep the dying officer's head from striking the floor. As I tried to make him comfortable, he muttered two words, "Tell my--" Those were his last. The gallant officer, who had to give a despicable killer the first break, died with but one thought on his mind--his bedridden wife. At his feet lay the warrant for Banks' arrest--covered with blood.
    As I got up, I looked through the window just in time to see the grinning killer level his rifle at me. I jumped to my feet and pulled out my service pistol.
    At that instant, the great Dictator showed his true colors. Armed with a high-powered, accurate-shooting rifle, he had but one chance in a thousand of missing. He was afraid to take that chance against a small pistol, afraid that he might miss and himself feel the fatal impact of a bullet. He would kill, yes, but only from behind a woman's skirts. Upon seeing my pistol, he had jumped back behind the colonnade from which he first appeared to deal death.
    I walked over to the door, tried the latch, and found it locked again. Peering through another window at the other end of the porch, I still could see no one within. Taking refuge behind a pillar. I made the following, notations in my log book:
    The reason for these notations is obvious. Banks was still inside heavily armed and, should he succeed in completing his mission, my log book would serve as evidence.
    Meanwhile another scene was being enacted behind Banks' home. Hearing the shot, Warren and Lumsden, with drawn revolvers, crept closer to the back porch. Suddenly a man came bounding through the rear doorway and down the steps. Then, he froze in his tracks as he looked into the barrels of two revolvers in the hands of a pair of grim officers. He was E. A. Fleming, out on bail on the burglary charge, and had been discussing defense plans with Banks at the time we arrived. The two detectives handcuffed him to their car and continued their vigil, guarding the rear door and the garage containing Banks' powerful Cadillac coupé, which was ready for flight.
    I carefully considered my next move. Banks had killed a man, and we would be fully justified in blasting him out of the stronghold. Reinforcements, however, were needed for this. Knowing of a telephone in the hallway of a nearby apartment house, which I could use and still keep the front of the house under observation, I decided to try and reach it. I got to the phone safely and put in my call to Headquarters. Soon the sirens could be heard, and. in a few moments, the place was completely surrounded by fifteen grim-faced officers armed with submachine guns, rifles and tear gas guns.
    Banks, now realizing that he was hopelessly trapped, decided upon another move to save his cowardly skin. He phoned Captain Bown--who was just leaving to take command of the siege--and offered to surrender. As we were striving to get the fast-gathering crowd out of the line of fire, the Captain drove up, ordering all officers to stay at a distance and hold the crowd back. Then he ran up the steps of that house of death. Was he entering a trap? We felt none too sure as we watched the door slowly open and saw him enter the gloomy interior.
    Finally the door opened again and Captain Bown emerged, leading the killer. The latter threw out his chest and assumed his favorite pose for the admiration of his followers. But things had suddenly changed. Instead of his great crowd of followers to cheer and idolize him, he faced an angry, howling mob that suddenly broke through the police ranks yelling for a rope. He was completely overcome with surprise. Hearing the threats to hang him, he was glad to run to the car for the protection of the police, the men he swore to kill and one of whose number lay in death on his front porch.
    The situation was completely reversed. It now became our duty to protect the despicable killer from the very people we had been attempting to protect from him. As we strove to keep the angry crowd back, Banks was hustled into Captain Bown's car, which did not stop until it reached the Josephine County jail in. the neighboring county.
    Mrs. Banks was also arrested and hustled off to jail. Then, Detective Sergeants Warren and Lumsden and I began an investigation of the premises. The death weapon was lying on a card table in the dining room with the fired shell ejected and another in the chamber ready to deal death. The rifle proved to be a 30.06 Newton, big game rifle and was loaded with the dreaded soft-nosed bullets. Beside it was another gun, a .44 Smith and Wesson revolver with holster and a completely filled cartridge belt. In a hallway leading to the rear door, we found a suitcase fully packed with outdoor clothing, several boxes of ammunition and another gun, a .38 Colt automatic. This find bore out the information we had previously received as to Banks' plans when his arrest would be attempted. And, he was well equipped to continue his campaign of death.
    Upon examining his records, we were amazed at the calculating mind of the Dictator. He had planned to get full and complete judicial control of Jackson County, from which he could spread and envelop the entire country in his so-called Good Government Congress, and yet remain immune from prosecution.
    More worthy of note than the power he was attaining was the accompanying wealth. Each member was assessed the "small sum" of fifty cents per month. With a boasted membership of 15,000 after only a few months, this was a nice little racket, if nothing else. Had he gone no farther in increasing his membership roll, he would have a neat income of $90,000 per year. And the amazing part of this monetary plan was the provision made for its control. No payoffs for him or big salaries to henchmen. He was to have complete supervision and control and the only mention made of expenditure of dues was that the money was to be used as "working capital."
    Although there is much I am not at liberty to reveal regarding the examination of his records, I am firmly convinced the citizens themselves were financing a movement that, had it been permitted to continue a year or two longer, would have brought disastrous results.
    Our investigation in the Dictator's stronghold completed, we returned to Headquarters. But so enveloped had we been in the events of the day, we all but forgot the possible aftermath. If we thought things were bad before, we were mistaken. The whole county was in an uproar. Everything pointed to a general uprising. Was this killing going to render nil all our efforts to restore peace and
law and order? The situation was fast threatening to get completely out of control, and Captain Bown sent an emergency call to State Police Headquarters at Salem for thirty additional patrolmen. It was a county gone mad.
    In a few hours, state police officers began converging on Medford from all points. The whole third floor of the city hall was turned into quarters for the coming officers. State Police Sergeant E. E. Houston, speeding to the scene with siren screaming, suddenly saw a car dart out of a side road and directly into the path of the speeding police car. There was a screeching of brakes and the squeal of burning rubber; then a terrific crash. Carlos Masters, a Portland realtor, died from his injuries. He was not the last to die before the case was ended. A man upon whose shoulders rested the entire and final responsibility for bringing to an end this terrifying nightmare, was to one day walk out of the courtroom and never return.
    One thing we were definitely certain of, however, the Good Government Congress was finished. It was obvious that it was an unlawful organization, dedicated to an unlawful purpose, and its existence would no longer be tolerated in any degree if it took the last officer in the state to effect its end. Patrolmen now lost no time in cracking down on mobs gathering in the streets. Agitators were quickly clamped in jail without warrant, warning or ceremony. We were determined to clean it out to the very core.
    Sunday, March 20th, Officer Prescott was laid to rest. Heads were bowed in sorrow at the largest and most impressive funeral in the history of the state. Over 6,000 persons were in attendance, not counting those that lined the streets as spectators. The services were held in the State Armory. Legionnaires stood at attention the full length of the aisles all. through the service. The casket was placed on the stage, which was solidly banked with flowers. And covering the entire background of the huge platform was the thing for which this gallant officer had given his life, the American flag.
    We were now faced with the task of bringing the agents of destruction to trial. Not until such was done would the county be restored to peace, happiness and safety. So much depended on the outcome of these vital trials that District Attorney Codding, not wanting to leave any opening for claims of personal prejudice, appealed to Attorney General I. H. Van Winkle for a Special Prosecutor. After a careful study of his staff, the Attorney General appointed Assistant Attorney General William Levins to prosecute the murder and ballot theft. A more capable choice could not have been made, for Mr. Levins had long been known as one of the most noted prosecutors in the state, with a brilliant record of over twenty years' experience as a District Attorney and Assistant Attorney General.
    Upon arriving in Medford, he was faced with the seemingly impossible task of acquainting himself with all the facts and preparing the cases for trial in the limited time allowed. He would have hundreds of pages of reports, confessions, etc., to review, but he accepted his task willingly and without complaint.
    The leaders of the Congress, however, were still resting in perfect security insofar as fear of conviction was concerned. But we had not been idle in the meantime, and they were due for a jolt, a jolt that was to quickly jar them out of their indifferent, confident attitude and push them back against the wall in fear.
    On April 2nd, Wesley McKitrick, the once destined captain of the 250 armed deputies; C. J. Conner, vice president of the Good Government Congress; R. C. Cummings, its organizer; Deputy Sheriff Davis; Earl Bryant; James D. Gaddy, Mason Sexton and Wilbur Sexton, were all brought before Circuit Judge William Duncan for arraignment on the indictments charging them with the crime of burglary. As each in turn was asked what his plea would be, the answer was the
same--guilty. Passing of sentence was withheld pending completion of the remaining trials. This threw the leaders into complete disorder, for the pleas revealed that the prisoners had talked and were no longer co-defendants. Their testimony could now be used to secure convictions.
    On April 12th, Banks and his wife, Edith, were brought into court for arraignment, and it was a dramatic scene. It was to be the first appearance of the Dictator since the killing. Showman that he was, he entered the courtroom, eyes straight ahead, stopped and stood erect to receive the applause of a courtroom filled with his admirers. But there was no sound from the spectators' seats. Slowly he turned his head and gazed to the rear. There were less than a dozen people in that immense room. The vacant seats stared at him like ghosts from a long forgotten past. His empire had crumpled.
    Visibly shaken by the absence of his once faithful followers and seeing the chances of a "favorable" jury gone, Banks held a hurried conference with his attorneys. Immediately an application for change of venue was filed. The change was granted and the trial set for May 1st, at Eugene, Oregon, before Circuit Judge George F. Skipworth.
    The day before the date of the trial, Assistant Attorney General Levins announced that he was ready. By this time, he was plainly showing the strain of working feverishly night and day. He was fully cognizant of the vital responsibilities that were his. Should this scheming killer get free, he would renew his efforts to create a reign of terror.
    The trial of Banks and his wife, on charges of murder in the first degree, opened promptly at 9:30, May 1st. The defendants were represented by Attorneys Frank Lonergan and Joseph Hammersly, of Portland; W. A. Hardy, of Eugene; and W. E. Phipps and T. J. Enright, of Medford. Judge Sturgeon of Los Angeles was also present in an advisory capacity. The trial promised to be the hardest fought legal battle in the history of the state, for no stronger battery of defense attorneys could be found anywhere. Attorneys Lonergan, Hammersly and Hardy are unquestionably three of the best trial lawyers in the State of Oregon.
    The state was represented by Assistant Attorney General Levins, assisted by District Attorney Codding, Deputy District Attorney Neilson and Special Deputy District Attorney Ralph Moody. The latter was a valuable asset to the prosecution. He was the son of one of the pioneer governors of Oregon, and, after a brilliant career as an attorney, came to Southern Oregon to retire and enjoy a quiet and peaceful life. Instead, he found himself in the midst of the greatest turmoil it had ever been his experience to witness. Seeing the District Attorney taxed to the limit, he volunteered his assistance, which was accepted with great appreciation.
    Selection of the jury began. The state was under the unfair disadvantage of only one challenge to the two allowed the defense under Oregon law. Regardless of these and other odds against him, Assistant Attorney General Levins went ahead with his important and vital task. At the end of the first day, five jurors had been chosen.
    The second day the tedious task of selecting the jurors continued until the noon recess. Court convened again at 1:30, but Assistant Attorney General Levins was missing from his place as head of the Prosecution. Then a state police officer entered and whispered to District Attorney Codding. The District Attorney, visibly shocked, sat stunned and frozen to his chair. A moment later, he arose and walked slowly to the bench and whispered a few words to Circuit Judge Skipworth. The gravity of the situation was plainly noticeable as a strange quiet enveloped the entire courtroom.
    Judge Skipworth turned slowly to the jurors and bailiffs and instructed that they
retire to their quarters. Then he announced court adjourned for the day. Visibly shaken by the loss of a lifelong friend, the Judge retired to his chambers. Assistant Attorney General Levins was dead. Completely exhausted by overwork and worry over the weight of responsibility, he had collapsed after a hurried lunch. He was rushed to the office of a local doctor, but died of heart failure before medical aid could be administered. And thus ended a brilliant career. Another noble life sacrificed in the fight against Dictator Banks.
    Needless to say, the death of Assistant Attorney General Levins was a severe blow to the Prosecution. The State Attorney General now had charge of the case. The District Attorney could not again assume jurisdiction. Yet the trial had started and must go on.
    To assign another Assistant Attorney General to the case and expect him to acquaint himself with the mass of evidence within a few hours was out of the question. The bad luck that dogged us from the very start of this bizarre case seemed to have at last won.
    When everything seemed the blackest and we were discouraged to the point of discarding everything, a long distance call came from the state capital, instructing us to rush Special Deputy District Attorney Moody to the office of Attorney General Van Winkle. A fast state police car carried him the eighty miles in as many minutes. Three hours later he was back in Eugene, and in his pocket he carried his new commission as Assistant Attorney General for the State of Oregon. Upon being informed of this move by the astute Attorney General, everyone concerned with the Prosecution took on a new spirit of hopefulness.
    Although he was in no way prepared to try the case himself, Mr. Moody knew all the facts. He spent the entire night going over the files of the late Mr. Levins, and, by morning, the new Assistant Attorney General announced he was ready to proceed. The jury was not informed of the death of Mr. Levins, and, although visibly curious as to what had happened, they continued without this knowledge until the trial was over.
    A parade of witnesses marched to the stand and told of the innermost secrets of the Good Government Congress, the threats against the lives of the officers, the plans to develop a new form of government--in fact, everything that has heretofore been explained to the reader.
    I was the last witness to testify for the State. I spent a day and a half on the stand under direct and cross examination, and my testimony covered everything as related earlier in this story. Assistant Attorney General Moody brought my testimony to a dramatic finale by handing me a stained document and asking me to tell the jury what it was. My answer was: "That is the warrant for Mr. Banks' arrest which Officer Prescott and I were attempting to serve." Mr. Moody then asked what was the red substance with which the document was coated. To this I replied, "The blood of the dead officer, George Prescott."
    The state's case was complete in every detail. Premeditation was definitely established. We could see no possible defense.
    As Attorney Hammersly, who made the opening statement to the jury in behalf of the defendants, got into his speech, we began to see what the defense would be. Banks was going to use the same tactics he had used throughout his career in Jackson County. He was going to try and convert the jury to his principles and claim that due to his "fight for the cause of the people," the moneyed men had conspired against him and made plans to silence him by taking his life. Through knowledge of this, he was driven by indescribable fear to take the life of an officer in order to save his own.
    This mode of defense caused no little amount of consternation to the Prosecution. And why shouldn't it? Banks had successfully swayed thousands in this manner, a much greater task than that of convincing "twelve good men and true."
    Assistant Attorney General Moody centered his attack on Banks himself. In his closing arguments, he pictured him as a despicable killer, hiding behind the skirts of a woman to take the life of a gallant officer as he performed his sworn duty; an officer who left behind a broken, bedridden wife, who no longer could listen for his footsteps or have his kindly care.
    The trial was the most bitterly fought on record and ended May 20th, just one day short of three weeks. The jury retired to deliberate and I returned to Medford to await the verdict.
    As the hours passed and no verdict was forthcoming, Assistant Attorney General Moody and all the rest of us were becoming visibly worried.
    Saturday passed and Sunday dawned with still no verdict. Was this despicable killer, in spite of a preponderance of evidence, going to escape and again be turned loose on the people to continue his plundering and wrecking?
    At two o'clock Sunday afternoon, my phone rang. Eagerly I lifted the receiver and listened tensely as I was told the jury had reached a verdict. Mrs. Banks was acquitted as an accomplice. But the Dictator was found guilty of first degree murder with a recommendation of life imprisonment. From this there could be no escape--no parole.
    The following days saw speedy trials for those held for burglary of the courthouse vault. Defense attorneys fought long and bitterly to secure the freedom of their clients, but the mass of evidence now accumulated was too great. John Glenn was the only one to escape conviction when a jury on the Fourth of July, after being cooped up in the small jury room for two days and nights, found him not guilty. The rest were all found guilty, and the convictions automatically stripped them of their official status.
    Came the day of sentencing. Davis, Conner, Cummings, Bryant, Caddy and Mason and Wilbur Sexton, all received suspended sentences in view of their assistance to the State. McKitrick, however, although he turned state's evidence, had a past record that could not be overlooked by the Court, and he was sentenced to two years in the Oregon State Penitentiary. Arthur LaDieu, Banks' former business manager, received a similar sentence.
    All those indicted on the criminal syndicalism and riotous and disorderly conduct charges were handled by the District Attorney's office and dealt with accordingly. Some received prison sentences and others were put on probation.
    Then came the ringleaders of one of the most diabolical plots on record. Once defiant, brazen and drunk with power, today they stood alone at the end of the road, the ultimate end of all criminals--alone and beaten before the bar of justice they once so openly mocked. Thomas Brecheen, ex-Mayor Jones, ex-Sheriff Schermerhorn and ex-County Judge Fehl were all sentenced to spend the next four years behind the cold, gray walls of the Oregon State Penitentiary.
    On August 14th, after exhausting every effort to obtain a new trial, the once great Dictator heard the massive gates of the penitentiary close behind him, shutting him off from the outside world and the country that, in his greed for wealth and power, he sought to wreck and plunder. A very befitting end for one who left nothing in his wake but ruin and sorrow. And silenced forever was that organ of hatred and distrust, the Medford Daily News.
    Back in Jackson County, when it was all over, a strange lull and quiet prevailed as the people once again breathed the air of a free and peaceful land. Near the beautiful city park in Medford where happy people stroll once again, stands a grim reminder, the monument erected in memory of Officer George Prescott. A lasting tribute to a gallant officer who, knowing that he was going to face a blast of death, did not hesitate for one moment to do his duty.
True Detective, February 1940, pages 44-102


    The writer was somewhat amused with the text matter in a column headed "Once in a While" and published by the owner of the Medford Daily News upon his first page. In this column he asks that all hypocrites stand up and be counted and vote against him at the fall election, at which time he will be an independent candidate for the U.S. Senate as an opponent to Senator McNary.
    In the course of the rambling editorial the writer dealt with everything from the Gold Hill dances and the conditions which he claims to have existed during a celebration in Medford to the gossip of the streets such as he might hear in any town in the United States.
    He states that America is suffering from a lack of respect of law and order such as it has never suffered before, and we are yet at a loss to decide whether he attributes this to the fact that he is not now Senator or to the fact that the 18th amendment needs repealing.
    He tells of many cases of drunkenness and disorderly conduct having been publicly flaunted in the city of Medford although his entire story is merely a series of aspersions and insinuations, written no doubt to lead the readers to the belief that some U.S. Senator had been drunk in Medford for several days to the extent that he could not properly conduct himself. We believe that the Medford writer is doing a great injustice to his city, its organizations and the public men who serve this state by merely dealing in generalities when discussing such items of scandal as he took occasion to fill his first-page editorial with.
    He charges that while a bootlegger was being arrested near that city that whiskey by the gallon was being dispensed by the leading public institution of that city. What is that institution? Is it the public library, the Chamber of Commerce, the Elks Club, the Methodist or some other church? Why didn't the Medford writer tell the whole story? Why did he leave so much to guess at? Is he afraid of the truth, or is his article composed of rumors and misstatements? Does not the text of the Medford writer's story incline one to believe that he too must stand up and be counted.
    Not content to revile the morals of the county seat, his home, Banks took occasion to tell of things he claims to have seen along the road between Portland, and evidently the nearer he got to Medford the worse the morals of the commonwealth seems to have gotten.
    He tells of finding three dances in progress, although he mentions only the location of two, and of cars parked along the highway. He relates having seen a young man supporting a very sick young woman who was endeavoring to relieve her system of the wicked bootleg whiskey her companion had given her. That piece of news might be refreshing. How does Mr. Banks know that the young lady had been drinking bootleg whiskey? Young ladies, we understand, get ill from other things than drinking bootleg whiskey, even in Gold Hill. Then, too, how does Mr. Banks know that the young ladies' companion furnished the bootleg, if that was what she had been drinking? And if he knew it was her companion who had furnished the liquor and that it was liquor that she had been drinking and in turn had made her sick why did he not do his duty as a citizen of the United States and of the state which he is asking support to be elected to the U.S. Senate, and have that companion answer for his crime? In all the vices that Mr. Banks tells of in his articles, we fail to find where he has at any time turned a hand to do other than criticize.
    Mr. Banks states that he is in favor of the repeal of the 18th amendment, but he fails to give a workable plan for handling the situation once the law is repealed. Does he contend that if it were made easy to obtain whiskey that the people would snub it because it is too common? If he does, we feel that he has another thought coming. Times have changed and so have moral persuasions since the days of the saloon and the passing of the 18th amendment. In those good old days even the young lady who might have been considered a trifle loose did not dance with young fellows who had been drinking, and now Mr. Banks says that an honest young lady is ostracized if she does not partake of the stuff. We size up Mr. Banks' article as a typical piece of political balderdash intended to poison the minds of his readers against his competitor in the race for the U.S. Senate. It borders too closely upon mud-slinging, and we have always noticed that in political fracases the one who sings the mud is usually doing so because he has a weak foundation upon which to stand.
Central Point Star, August 8, 1930, page 2


    After reading some of the editorial outbursts of Mr. Llewellyn Banks, independent candidate for Senator, we do not know whether he wants to go to the Senate in order to reform it or to get in on some of the easy "swag" which he seems to feel is floating about the antechambers of our legislative and administrative assemblies. After reading over Mr. Banks' platform we cannot see where he has offered the public anything to get excited about. True enough he suggests the repeal of the Eighteenth Amendment and the farm relief measure and the tariff measure, but what good has that done the public. We were in that position a few months ago and things were not right then. What the voters of this country want is men with ability to handle great problems. What has Mr. Banks to offer. Suppose we repeal the Eighteenth Amendment. Then we may have the open saloon; a fine cartoon that would make of life's picture. If the farm relief act were repealed what would he substitute which would do any good for the farmer. How would Mr. Banks handle the farmer's problem. That ought to be easy for him; for is he not a successful farmer? Why don't he let the public know how he intends to meet these problems. If he can give the people a workable method of handling the ills of the social fabric of this nation, we do not believe he would have any difficulty in getting votes.
    He states that he believes this country has gone to hell. If this is hell we are living in today, it is hard to get any farther regardless of conduct, so why worry any more about it. He says he wants to help the nation out of perdition through the establishment of righteousness in government. But what is Mr. Banks' idea of righteousness in government? Does he think that a saloon on every corner would help? Does he believe that free advent of foreign produce and articles of manufacture into this country would be conducive of good times and high prices. Does he think that turning the farmer loose to individually work out the battle of supply and demand and the proper marketing of their produce is the way to bring to the farmer their independence? These things have all been tried and have been found wanting.
    Mr. Banks, before he derides and vilifies our present officials for their mismanagement of affairs, should work out a plan of his own for meeting the problems which face the nation and let the voters know how he would have them solved. The destructive type of criticism which he unloads upon the public is not the kind of reading the thinking man wants to read.
    More brains and less blooey is what the people want.
C. J. Shorb, editor, Gold Hill News, September 11, 1930, page 2


    Llewellyn A. Banks and I sat down together in his office at Medford recently and in answer to my questions he said:
    "Yes, I am an independent candidate for United States Senator. You are not the political editor of the Journal, so I do not suppose you would be interested in my views along political lines.
    "I was born at Catawba, Ohio, August 15, 1870. My father comes of Puritan stock, being a descendant of John and Priscilla Alden. My mother's maiden name was Laura Ann Moore. My father was Scotch-Irish and my mother was of French descent. When I was a boy my ambition was to be a school teacher, but after graduating from high school I had to go to work, so I went to Cleveland and landed a job as traveling salesman for a firm that handled fruit. My job was to sell oranges, lemons, bananas and other fruit to retail grocers.  After three years on the road I landed a job at the age of 20 as traveling salesman selling goods to wholesale grocers in Ohio, New York state, Indiana, Michigan and Pennsylvania.
    "You ask why I did not go to college and become a teacher, as I had planned. The reason is not far to seek. There were nine children in our family, and as my father was an orchardist we were as poor as Job's turkey. Father used to pack his peaches and ship them on the boat to Cleveland or Detroit, and the checks were pitifully small when the expenses had been paid. When I was 20 and went on the road selling groceries wholesale I went back to Catawba, Iowa, and established the first cash market for fresh fruit that they had there. When I was 22 years old I got married, quit the road and went into the wholesale fruit business at Cleveland. Today I own 736 acres of good orchard at Medford and 300 acres at Riverside, Cal. In 1923 I was farming 1700 acres of orchard. In California I not only grew fruit, but had a large packing plant for citrus and deciduous fruit. I could talk to you for an hour about the farm relief act and some of the reforms the farmer needs in legislation so there would be no need of farm relief, but I know neither you nor I have the time to go into the question."
Oregon Journal, Portland, October 5, 1930, page 10


To the Editor:
    In reading your editorial "Mayor Walker Muffs a Great Chance," I seem to stumble and wonder whether my memory has failed to serve me in recalling one of the greatest episodes in the greatest drama of the world's history.
    In the first paragraph of your editorial you refer to Napoleon's defeat at Waterloo, and fix the responsibility on the lateness of Blucher's arriving on the scene.
    I am not taking the time to refer back to the pages of history, but merely trusting my memory, which is frequently at fault, but as I recall this great event the great English general, the Duke of Wellington, was standing on the battlefield at Waterloo with his watch in his hand, and if I recall correctly, it was 3 o'clock in the afternoon when Wellington remarked, "Blucher or night." Either Blucher had to come up or darkness had to set in, otherwise Wellington would have been defeated--Napoleon would have been victorious and the history of the then known world would have been changed, but Blucher did come up, scattering Napoleon's forces to the four winds, and before nightfall the great Napoleon had given his last command when he cried out, "Save himself who can."
    If I am correct, this recalls another situation frequently overlooked or forgotten, viz: That in the previous great world war, the English and the Germans were powerful allies, fighting against the French--Blucher a German general; whereas, in the last world war, the French and English were powerful allies fighting against the Germans.
    If I am mistaken, I will be glad to have you correct me.
    Ed. Note.--Mr. Banks is correct. The error in Friday's editorial was corrected in an editorial Sunday morning--it was the tardiness of Grouchy, not Blucher, which resulted in Napoleon's defeat.
"Communications," Medford Mail Tribune, April 7, 1931, page 5


    Publication of the Daily News, morning newspaper, was delayed today, due to a "lockout" of union printers last night and a breakdown of the press this morning, when the edition was ready to print.
    It was expected to have the regular edition issued early this afternoon.
    The controversy with the printers has been underway since last Saturday when notices were posted that after September 1 the paper would be operated on an "open shop" basis, with a wage scale of $35 per week.
    Edward J. Pelkey of Seattle, representative of the International Typographical Union; James C. Murray, president of the local union, and L. A. Banks, publisher, had several conferences the past week, seeking an adjustment.
    Publisher Banks this morning issued the following statement:
    "Notices were posted August 15 in the back shop of the Medford Daily News, declaring that on and after September 1st the News would operate an 'open shop.'
    "A wage scale of $35 per week, to be effective after September 1st, was also posted.
    "A conference between Mr. Ed J. Pelkey, representative of the International Typographical Union, and the publisher of the Medford Daily News was held Thursday afternoon--resulting in Mr. Pelkey demanding a 'walkout' on the spot.
    "Local help was obtained to publish the Medford Daily News this morning, but upon starting the press it was found that it had been 'jimmied'--one of the rollers having been put out of order by a broken casting.
    "The latter has been repaired, and if nothing else develops, the News will be published before noon today.
    "The wage scale posted by the News is the same as is being paid in 59 cities throughout the United States, having an average population of 19,849.
    "All former employees in the back shop were permitted to remain on the News at the new wage scale, but refused to do so upon orders from Mr. Pelkey."
    James C. Murray, president of the Medford Typographical Union, issued a statement as follows:
    "Six journeymen printers and one apprentice were locked out of the Medford Daily News on Thursday, August 20.
    "This was the culmination of the declaration of the publisher, during the past year, that he intended to establish his paper on the so-called 'open shop' basis. The union printers were recently given notice that they must notify the publisher whether they desired to remain, and accept a $13 per week wage cut. Very naturally they rejected this proposal.
    "The wage reduction sought would have placed the Medford printers on the lowest wage scale of any of the 51 local unions in the Northwest, and below the wages prevailing in the industry in the United States and Canada.
    "Aside from the wage reduction, the 'open shop' demand meant that the union printers must sever their union connections, and sacrifice all old age pension, mortuary benefits and entrance to the printers' home for the aged and sick.
    "Every one of the News' former employees has families; most of them are home-owners.
    "At the request of the management, for the past six months these employees have been accepting 30 percent of their wages in due bills, and using their savings to live, with the understanding they would be paid September 1, with continued employment at the accepted wage."
Medford Mail Tribune, August 21, 1931, page 1

To the people of Medford:
    Report comes to the Daily News from a man who is willing to make an affidavit that he was offered $100 to "jim" the machinery in our mechanical department.  This is a fair sample of the policy being pursued by certain people.
    The above item appeared on the first page of the Daily News in its Sunday morning issue, and it is evident that the purport was to lead its readers to believe that "certain people" were members of the local typographical union, as it is the latest organization in Medford which the News is trying to disrupt.
    When officials of the local union interviewed L. A. Banks regarding the above item and wished to learn if the statement applied to the typographical union, Mr. Banks stated that the man who claimed he had been offered $100 to "jim" the machinery was intoxicated and that he placed no reliance in the truthfulness of the statement and would publish in the following issue a retraction or at least a modification in which the union would be exonerated. To date the News has not made the retraction, though the lying story was broadcast the length of the Pacific Slope.
    The man whom Banks described as the person who allegedly had been approached to "jim'' the News machinery is believed to be in the county jail on another charge, and an effort was made to have Mr. Banks go with the local union officials and identify the man, but so far he has declined to answer the phone andassist in the identification.
    This story adds one more myth to the inexhaustible number that the News claims are secretly attempting to undermine and ruin that publication.
    The story of the News controversy with the typographical union can be told in a nutshell. About the 15th of this month the News posted a notice in the composing room that after September 1st the wages would be $35 per week instead of $48, and that the union would not be recognized. All employees who intended to remain were requested to answer by August 20.
    E. J. Pelkey, international I.T.U. representative, was called to Medford and together with officials of the local union held a conference with L. A. Banks, who admitted he had no grievance with the local organization but wished to operate his composing room on a much cheaper basis, declining to consider any other attitude than the one he had taken. Mr. Pelkey suggested that as no satisfactory agreement could be reached and as the local printers were to be locked out September 1, that it would be best for all concerned to have the lookout effective instanter, which Mr. Banks indicated was satisfactory to him.
    As the lockout became effective immediately, no former union employees have been in the composing or press room since that date, so any intimations that machinery had been tampered with by the union workers is a silly, unfounded assertion. If the machinery has gone haywire it is chargeable to the incompetent and inexperienced workmen who succeeded the local printers.
    L. A. Banks had never intimated that the scale of wages was too high, but about seven months ago asked the employees to accept 30 percent of their salaries for the following six months in due bills payable September 1st. To this the employees agreed, and those who are locked out today are carrying from $300 to nearly $500 due bills in their pockets, patiently waiting for September 1st to arrive, hoping that then they will realize upon the sacrifices they made to assist their employer.
    The union's contention is that the scale of wages here is on a par with the scales throughout the United States and Canada, that experienced and trained union workmen at $48 per week will conduct the composing room as cheaply, if not cheaper, than a bunch of printing students can at $35 per week salary, and though Mr. Banks may never confess and the public will never know, the local union believes that the Daily News operating expenses are just beginning to soar.
    The News considers that $35 per week is sufficient salary for a craftsman who sacrificed five years of his life in serving an apprenticeship, but Mr. Banks boasts that he pays 28 fruit packers $44.25 per week, and it is asserted that the art of packing can be learned in two weeks tuition
Medford, August 28.    (Paid adv.)
Medford Mail Tribune, August 25, 1931, page 6


    District Attorney George A. Codding said this afternoon that a subpoena had been issued out of his office calling upon L. A. Banks, newspaper publisher, to appear before the grand jury which re-convenes tomorrow morning to present any and all evidence he may possess relative to alleged corruption in city and county affairs, miscarriages of justice, and other charges hurled in the past year. The newspaper publisher will be requested to present evidence upon which accusations have been made or sponsored by him.
    The subpoena was placed in the hands of Sheriff Jennings for service.
    During the past several months, a barrage of accusations has been hurled at county and city officials, particularly the district attorney, attacking his honesty, integrity and conduct of his office. The sponsor of the charges, in appearing before the grand jury, will afford that impartial body an opportunity to study and weigh the truth or falsity of the allegations and if the evidence justifies indictments, to return them.
    Josiah Hibbard of Butte Falls is foreman of the grand jury. The other members are Mrs. Anna Carley of Medford; Leo B. Williams, Medford; Howard A. Hill, Medford; Irving Porter, Ashland; William Barber, Ashland and Reed Charley, Brownsboro.
    It is doubtful if the Reese Creek still raid, during which Everett Dahack was killed, will be re-investigated, as a regular grand jury, a special grand jury, with a special prosecutor named by the governor, and special investigators, working secretly and named by the governor, have made a thorough inquiry into the case without definite action. It was also a factor in the Fehl-Parr libel suit and the last primary campaign.
    Calling of the petit jury is doubtful, owing to the docket being practically cleared. It was thought the petit jury would be called for next Monday, but unless there is an increase of cases this will not be done.
    Circuit Judge H. D. Norton will leave Thursday for Eugene, where Friday and Saturday he will hear a case in the Lane County circuit court.
Medford Mail Tribune, May 31, 1932, page 1


    Appearance of L. A. Banks before the grand jury was delayed this afternoon by finishing other matters before the body. Banks reported at 1:30 o'clock and was excused until further notice, which will probably be late this afternoon.
    L. A. Banks, newspaper publisher of this city, was scheduled to appear before the grand jury when it met at 1:30 today for the afternoon session, to present any evidence he may possess on his published charges of alleged "miscarriage of justice," corruption in city and county affairs, "whitewashing of the coroner's jury" in the Reese Creek still raid, in which Everett Dahack was slain, and any other evidence of alleged illegalities or wrongdoing in local government affairs.
    District Attorney George A. Codding said this morning that Banks would be requested to present "fully and freely, upon the entire field of his allegations, including charges pertaining to the Dahack matter."
    Transcripts of the testimony before the regular grand jury, the special grand jury conducted by a special prosecutor named by the governor, and the coroner's jury in the Dahack case, will be available. Banks charged Monday that the coroner's jury was a "whitewash" and that Ted Goetchen, Lee Smith and Raleigh Matthews of the Eagle Point district, found guilty of operating the Reese Creek still, were denied the right to testify.
    District Attorney Codding stated that the transcript would show that Smith and Goetchen were brought from the county jail to the coroner's jury and when called upon to testify refused, "I think, upon the advice of their attorneys." Matthews was at liberty on bonds at the time of the coroner's jury.
    District Attorney Codding further stated that at the conclusion of the coroner's inquest, a request was made that anyone present "who knew anything about the affair" come forward and testify.
    It is expected that Banks will be before the grand jury most of the afternoon and that the grand jury will conclude its present labors tomorrow noon.
    The morning session of the grand jury was devoted to hearing testimony in minor cases.
Medford Mail Tribune, June 1, 1932, page 1


    Due to the pressure of other legal business, hearing of arguments on the motion to strike certain paragraphs in the complaint of the libel suit of George W. Neilson, deputy district attorney, against L. A. Banks, orchardist, will be deferred for a couple of days.
    Banks, through his attorney, George M. Roberts, seeks to have stricken from the complaint sentences reading, "Law and order have broken down in Jackson County," and "inflaming the lawless element of Jackson County." The phrases were contained in articles entitled "The Two Georges," and others of the same trend.
    Neilson, in his complaint, denies a series of sensational charges, and claims the printed material impaired his civilian and official standing. He seeks $50,000 on five counts.
Medford Mail Tribune, July 20, 1932, page 3


    Suit was filed in circuit court this afternoon by James Hall of the Gold Hill district, against the Medford News Publishing Company, L. A. Banks, its publisher, and F. A. Bates, Gold Hill miner. It is the third suit to be filed within the past week against the paper, its publisher, and Bates. The James suit was filed at 2:37 o'clock this afternoon, the clerk's office said.
    The latest action is a companion suit to the one filed last week by Bob McManus, a Gold Hill district miner, also for $50,000.
    James based his suit on an article headlined "Miner Tells of Woe on Foots Creek," and alleges that it was "maliciously false, defaming and scandalous," that it impaired his standing in the community, and that the article "incited and inflamed the lawless element." A copy of the article is presented as "Exhibit A" in the suit.
    James asks $25,000 general damages and $25,000 punitive damages.
    Friday, Ted Dole of the Gold Hill district filed a $50,000 suit against the publishing company, Banks, Bates and the latter's daughter alleging "conspiracy."
    Guy Bates, named in one of the actions, is no relation to F. A. Bates.
Medford Mail Tribune, August 15, 1932, page 1


    A suit for $50,000 damages, based on alleged conspiracy on the part of the Medford News Publishing company, L. A. Banks, orchardist-publisher, F. A. Bates, aged Gold Hill miner, and his daughter, Mrs. Margaret Lund, was filed in the circuit court this afternoon at 1:45 o'clock, with Guy Bates of Gold Hill as the plaintiff. Guy Bates is no relation to F. A. Bates.
    Guy Bates alleges in the complaint that the defendants "connived, conspired and colluded to extort money from the plaintiff," and that as part of the conspiracy the newspaper published a report by F. A. Bates, headlined: "Miner Tells Tale of Woe on Foots Creek," "without investigating its truth or falsity," and that the same was "maliciously false and degrading," and "incited and inflamed the lawless element in the neighborhood of where the plaintiff lived."
    The plaintiff alleges that the article accused him of "robbing sluice boxes" and "dynamiting mine dams," and that blackmail threats were both written and spoken, and alleges further that threats were made against him and his family.
    The suit today is the fourth to be filed against the newspaper and its editor and L. A. Banks within a week, each for $50,000 general and punitive damages. Mrs. Margaret Lund is named only as a defendant in the two suits alleging conspiracy. The plaintiffs in the other actions are Hal James, Ted Dole and Bob McManus, all miners and residents of the Gold Hill district.
Medford Mail Tribune, August 16, 1932, page 1


    Charges published Saturday that the filing of a personal tax execution against L. A. Banks, orchardist and publisher of the Daily News, last Thursday evening, were taken as "political reprisals" were branded Saturday by Sheriff Ralph Jennings as "baseless and unjust, not founded on fact, and the usual line of 'hooey' to arouse sympathy."
    Sheriff Jennings said that the personal tax execution was filed "when I learned that the mahogany furniture has been moved from Mr. Banks' office and that the water had been shut off. I then served the personal tax attachment to protect the county's interests, keep the records straight, and stop any cry that I had failed in my official duty and thus become liable to grand jury investigation. Mr. Banks is not being 'persecuted.'"
    The records of the county clerk's office show that two months ago the county court issued an order that all unpaid personal taxes be collected, or action taken. Advised of the action of the county, Banks requested and received from the county court a further extension of time. The matter then rested until the removal of the furniture was reported to the authorities.
    Sheriff Jennings said the Banks' personal tax "was in the neighborhood of $1200 and was for the last half of 1929, 1930 and 1931."
Medford Mail Tribune, November 14, 1932, page 6


    A petition seeking the appointments of a receiver for the Medford News Publishing Company, L. A. Banks, editor, was filed shortly before noon today in circuit court by H. T. Hubbard, bookkeeper of the concern, and one of the four employees discharged by Banks yesterday. Hubbard sets forth in the petition that he is acting in behalf of "himself and other creditor employees."
    Date of the hearing on the receivership plea is set for tomorrow morning at 9:30 o'clock before Circuit Judge Norton. Hubbard and other employees are represented by attorneys Kelly & Kelly, Frank DeSouza and Porter J. Neff. The appointment of a receiver pending the conclusion of the suit and a final decree for a receiver is sought.
    Hubbard sets forth in the petition that the News owes him $450 for services as bookkeeper and that other employees have due and owing in "excess of $6000" for wages.
    The petition further holds that the appointment of a receiver is necessary "to protect and conserve the assets and discharge the liabilities" of the paper.
    It is charged that the debts of the publication are in excess of $26,000 with assets of less than $20,000 and that the publishing company is now insolvent.
    The petition lists as debts of the concern, besides the $6000 assertedly due employees for wages, $6000 in unsecured open accounts, holders of which threaten suit for collection; $10,000 in promissory notes, long overdue, held by the owners, who threaten foreclosure; $2000 due on Linotypes, with suits for collection threatening, and $1068 in unsecured personal taxes of Jackson County for the years 1929, 1930, 1931 and 1932, for which legal action has been taken to collect.
    The order for the hearing of the petition for a receiver was signed Tuesday by Circuit Judge Norton.
    Banks, in today's issue, charged "Dastardly Plot by Manager to Wreck News Plant."
    The present legal action is the culmination of several months of financial difficulty.
Medford Mail Tribune, November 16, 1932, page 1


    The News Publishing Company, L. B. Tuttle, president, filed suit in circuit court this afternoon against the Medford News Publishing Co. and L. A. Banks for $11,571.79, assertedly due on promissory notes, and a chattel mortgage, issued in payment for the plant and equipment.
    The appointment of a receiver for the publication is also sought. The complaint cites that H. T. Hubbard and three other former employees of the morning paper previously filed a petition for a receiver, but the present plaintiff "holds superior rights." The receiver is sought "to take possession of and conserve the resources" of the paper.
    Foreclosure of the chattel mortgage and execution of judgment is also asked.
    The complaint recites that on September 15, 1929, L. A. Banks gave six promissory notes for $3,333.33 each in purchase of the newspaper plant, and that only three of these promissory notes were paid.
    The News Publishing Company was the founder of the News.
    Ten days ago H.T. Hubbard and three former employees of the News filed a petition for the appointment of a receiver for the News. An affidavit of prejudice was filed by M. O. Wilkins, attorney for L. A. Banks, against Circuit Judge H. D. Norton. Judge James T. Brand of Coos County was assigned by the state supreme court to hear the case. He is scheduled to hear it tomorrow.
Medford Mail Tribune, November 30, 1932, page 1


    The receivership petition of H. T. Hubbard and three other former employees against the Medford News and L. A. Banks, editor-publisher, was settled out of court, by stipulation. Notice to this effect was filed with Judge James T. Brand of Coos County in circuit court Saturday morning.
    Terms of the settlement were not contained in the legal documents, but it was said by attorney Porter J. Neff, and one of the former employees, that a "goodly portion" of the wages due had been paid, and that the balance was secured by nine-month notes, signed by Banks and his wife, Mrs. Edith A. Banks.
    The creditor-employees were represented by attorney Porter J. Neff, and attorney M. O. Wilkins representing the publication and Banks.
    The settlement came when arguments on a demurrer to the complaint had been finished, and the court at the Friday afternoon session overruled the demurrer. At the morning session attorney Wilkins informed the court that the publication and Banks were prepared to tender the $450 due Hubbard. At the morning session, Judge Brand sustained the demurrer on the grounds that the plaintiff had not made the allegations of insolvency to comply with the law.
    Proceedings in the receivership plea of the News Publishing Company, Lee B. Tuttle, against the Medford News Publishing Co. for the foreclosure of a chattel mortgage on the equipment and the collection of three promissory notes signed by Banks for $3,333.33 each, will be called Monday morning before Judge Brand. The News Publishing Company was the original founder of the paper, and sold it to Banks.
    The plea asks that a receiver be named to conserve the resources and pay obligations.
    Attorney M. O. Wilkins yesterday afternoon filed a plea in abatement to the action on the grounds that the News Publishing Company had no "corporate life," because of asserted technicalities. The News Publishing Company is represented by attorneys Gus Newbury and E. E. Kelly.
    In the Hubbard receivership action, attorney Kelly told the court that the action was instituted not to eliminate the News, but to ensure its continuance and safeguard creditors and the publication itself.
    Friday afternoon Judge Brand heard motions and demurrers in the four libel suits filed against the paper and L. A. Banks, F.A. Bates and his daughter, Mrs. Margaret Lund, by four Foots Creek miners.
Medford Mail Tribune, December 4, 1932, page 1


    Notice of a demurrer to a separate and further reply to the plea for the abatement in the receivership suit of the News Publishing Company against L. A. Banks and the Medford News Publishing Company has been filed in circuit court by attorneys M. O. Wilkins and John Irwin of Klamath Falls, counsel for the defendants.
    The defense claims there are no grounds for denying the plea in abatement, and that the paying of the corporation tax after the filing of the receivership suit does not restore the plaintiffs' corporate being. The plaintiffs hold that the failure to pay the corporation tax is a legal infirmity that is removed by tax payments.
    Judge Lewelling of the Linn County circuit court, named Thursday by the state supreme court to hear the case when the defense filed affidavits of prejudice against Judge James T. Brand of Coos County and Judge H. D. Norton, is now expected to arrive to hear the case at the opening of court Monday. No definite time for the case has been set.
    Settlement of the second receivership move, in the same manner as the first one, was reported as broached by the defense. A defense attorney informed county officials and friends that $5000 was in a safety deposit box for payment on the approximate $11,000 sought, with promissory notes for the balance. No official public action to this end has yet been instituted.
Medford Mail Tribune, December 9, 1932, page 11


    Suit for foreclosure of mortgages on three alleged causes of action were filed in circuit court this afternoon against Suncrest Orchards, Inc., Llewellyn A. Banks and Edith R. Banks, by O. B. Waddell, acting for the Medford National Bank.
    The first cause of action is on a promissory note for $4500, issued January 23, 1931, and renewed March 18, 1932.
    The second cause of action is for $2,028.44, on a promissory note issued June 29, 1932.
    In the first and second causes of action, Llewellyn A. Banks, Edith R. Banks, Suncrest Orchards, Inc., the Peoples Electric Co. and the State Industrial Accident Commission are named as defendants. The Peoples Electric Company claim a lien for material furnished, and the accident commission a judgment for $283.31.
    In the above causes of action, the Suncrest Orchards, Inc., is offered as security by mortgagee.
    The third cause of action is based upon a promissory note for $4500, secured by a mortgage on West Main Street property.
Medford Mail Tribune, December 20, 1932, page 1


    Suit for strict foreclosure was filed in circuit court Saturday against Llewellyn A. Banks by T. E. Pottenger and wife and Elmira W. Wilcox for $15,538.48, possession of the building on West Main Street occupied by the Medford News and attorney's fee for $1000.
    The suit is based upon a contract entered into August 28, 1929 between Pottenger and Banks for the purchase of the property at 117 [sic] West Main Street jointly owned by Pottenger and John W. Cox, deceased. The purchase price, the complaint recites, was $28,000.
    The terms of the sale, the complaint sets forth was $1000, cash in hand, $9000 in 30 days, and $5000, payable on September 28, on each of the next four years.
    The complaint alleges that Banks was delinquent in his payments for three years, and on May 25 last, Banks agreed to pay all arrearage prior to September 28 on that date.
    On September 28 last, an agreement was made whereby Banks was to pay $60 on Thursday of each week. The complaint alleges he defaulted in this, too.
    It is further alleged in the complaint that Banks is delinquent in tax payments, failed to keep up the insurance policies, and that he has allowed the roof to deteriorate, causing the rear of the building to be water-soaked.
    A strict foreclosure differs from the ordinary foreclosure in that the usual year's exemption is not allowed ere judgment is entered. Pottenger asks that foreclosure be for a limit of 60 days.
    Attorney W. E. Phipps appears as counsel for the plaintiff.
Medford Mail Tribune, December 25, 1932, page 9


    As highly exaggerated as many of the other claims made by editor L. A. Banks of Medford, the much advertised March-on-the Courthouse scheduled for today resulted in a scattered group of crusaders numbering probably 200 of the crowd of about 600 that gathered on the courthouse ground and nearby streets, according to local people who were at the county seat today.
    Instead of the indignation march demanding the resignation of County Attorney Codding and Commissioner Billings, which was to have included 3000 people of the county, a comparative handful gathered and with no organized demonstration, presented petitions bearing 887 names, asking Codding and Nealon to resign.
    A few of the group yelled derisively from time to time and some called out asking for justice, but on the whole the group was orderly.
    Two speeches, one by County Judge Earl Fehl and one by editor Banks, were made, each more or less resorting to the familiar phrases of the election campaign and the editorial columns of the Daily News. Banks also denounced Codding in no uncertain terms and fairly screamed when he asked that he resign.
    The whole affair is the outgrowth of the mixup since Judge Fehl refused to accept the appointment of R. E. Nealon to the county court after the eleventh-hour resignation of Commissioner Barneburg. Awaiting the decision of County Attorney Codding, Fehl refused to conduct the regular county business, and when it was found that Codding upheld Nealon's appointment, supporters of Fehl started petitions asking for the resignations.
    On Monday rumors of the proposed march were about, and it was said that Lowell Zundell, candidate for county sheriff on the independent ticket--supported by the Daily News--would be the leader. Zundell denied this emphatically yesterday, however, and Banks stated in his editorial columns that if no one else would he would.
    The American Legion issued statements that they would stand ready for any emergency, but the march proved only a farce and with the very evident lack of leadership and unity, no guards or patrolling were necessary.
Gold Hill News, January 12, 1933, page 1


    Llewellyn A. Banks' answer to the Legion-sponsored mass meeting last Thursday to refute his "false propaganda" was a lengthy resolution drawn at the "Good Government" Congress at the courthouse Monday night. The resolution called for
all legal proceedings in the circuit court to be held in abeyance until constitutional rights of citizens can be upheld, and also asked for removal of Circuit Judge Harry D. Norton and District Attorney Geo. Codding.
    The resolution also accused Codding of protecting unlawful, slanderous and libelous publications (referring to the Jacksonville Miner, which has recently started a heavy attack on Banks).
    According to reports about 750 people crowded to the courthouse for this meeting and organized the Good Government Congress, which is reputedly for the purpose of restoring law and order to the county.
    Two speakers who addressed this group, Mrs. Henrietta Martin of Central Point and Roy Chandler of Medford, had acted as hecklers at the Legion-sponsored meeting.
    At last Thursday's gathering more than 1400 fair-minded people heartily cheered speakers who upheld the existing government, county officers and court officials, but booed Chairman E. E. Kelly, when in a moment of exasperation at Chandler he told him he could get out if he didn't like it.
    The theme of the meeting was that the existing government should be respected and that statements in the Medford Daily News should not be taken as absolute fact without careful investigation.
    Hearty applause greeted declarations that the office of district attorney had never been better conducted than under District Attorney George A. Codding; that in the court of Circuit Judge Harry D. Norton no one could truthfully say they could not receive a fair trial, and that County Judge Earl Fehl would make an excellent official if editor L. A. Banks of the Daily News would just "commit suicide."
    The speakers, who included members of the Southern Oregon Bar Association, a Medford minister, Raymond Reter of the Medford Fruitgrowers association, and H. D. Reed, Gold Hill justice of the peace, who handled the famous Bates case.
    Speakers pointed out that Banks had attacked practically every organization in the county, including the Ministerial Association, the Jackson County Civic League, the Medford Chamber of Commerce, the Merchants' Association, the old Traffic Association, the Fruitgrowers' organization and the medical men's society, as well as numerous individuals of Medford.
    They also brought out that Mr. Banks, who owns considerable valuable property, has paid no real estate taxes since 1929, and that he has repeatedly dodged foreclosure by his creditors on the grounds that he could not get a fair trial, even after a judge from another district was called on the case.
    Banks' paper was denounced emphatically by Chairman E. E. Kelly, who said it should not be allowed in the U.S. Mails, and this statement was challenged from the floor as infringing the rights of freedom of speech and of the press.
    Banks has since attacked the Jacksonville Miner, however. He is also continuing his attacks on the county government, the courts and the bar association.
    A second "Good Government" mass meeting to be held before the grand jury reconvenes has been announced by Mr. Banks, but no date is set as yet.
Gold Hill News, January 26, 1933, page 1


    Suit was filed today in circuit court by William Berthold Barnum against the Suncrest Orchards, Inc., L. A. Banks, president, for the collection of $2950.40 allegedly due on fruit sold in 1931 and 1932.
    The complaint sets forth two causes of action, the first for $2831.35 and the second for $94.05. Barnum alleges in his complaint that the fruit was purchased for $7300.08, and that $4468.73 was paid, leaving an unpaid balance of $2831.35.
    Application for a writ of attachment against the Suncrest Orchards, Inc., accompanies the suit, which was filed by attorney Porter J. Neff.
Medford Mail Tribune, February 1, 1933, page 1


    To the Editor: In order that my position may be fully understood by all, will say: Though severing my connections with the Good Government Congress, I in no way retract from the stand that I have taken against corrupt conditions known to exist in Jackson County, nor do I criticize the sincere efforts of L. A. Banks in the past or at present, but I do not believe in a powerful organization being placed in the hands and under the dictation of any man or any group of men within the body of said organization, which might or might not enact the will and intent of the entire organization, and believe no action should be taken upon any measure without due deliberation of and discussion by the entire body.
    I wish to be true to my convictions, which have come into being through the study of the word of God, and will always be found ready to support any person or cause which I believe to be right, and by the same token, ready to denounce any person or principle which I believe to be wrong and unjust. I believe in giving my entire support to all legally elected officers, city and county, who are doing their duty to promote justice, and to condemn all obstruction to justice wherever found.
    I have no apology to offer for anything I have said or done, all of which I sincerely believe to have been for the lasting benefit of the organization with which I was associated.
    All should remember that the truth is a sharp, two-edged sword, will cut both ways, and should be handled with care.
"Communications," Medford Mail Tribune, February 2, 1933, page 6


    An information alleging criminal libel was filed late yesterday before Justice of the Peace L. A. Roberts in Ashland against L. A. Banks, orchardist and editor and publisher of the Medford Daily News. The complaint was signed by attorney M. O. Wilkins of Ashland, former counsel for Banks. The complaint is based upon an editorial printed Thursday morning, charging attorney Wilkins with "attempted extortion."
    The time for the preliminary hearing of the case was set this morning by Justice Roberts for ten o'clock Saturday morning in Ashland.
    The warrant for the arrest of Banks was presented to Sheriff Gordon L. Schermerhorn late this morning. Over the telephone, Sheriff Schermerhorn in a conversation with Justice Roberts was advised that bail had been fixed at $2000.
    This noon an extra was issued by the Daily News, with a headline reading "L. A. Banks Will Resist Arrest."
    The article signed "L.A.B." charges "conspiracies exist in all the courts of Jackson County against Llewellyn A. Banks."
    The concluding paragraph reads:
    "We have now come to that great showdown where blood is liable to be spilled--L.A.B."
    The warrant for the arrest of Banks was first placed in the hands of Constable George J. Prescott, who turned it over to the sheriff's office for service.
Medford Mail Tribune, February 3, 1933, page 1


To the Editor:
    My inclination is to ignore the insane vaporings of L. A. Banks, but it is evident that many well-intentioned people still continue to take his utterances seriously. In such circumstances, it seems necessary to answer the charges he has made against my clients and myself.
    Mr. Banks prints a mass of figures in an effort to prove that his company is not indebted to E. C. Corn and that the action of Corn vs. Suncrest Orchards, Inc., is based on a trumped-up false claim. The fact is that the Corn action is brought upon a promissory note signed by Mr. Banks himself on behalf of his company and dated March 25, 1932, after the close of the 1931 fruit season. I now have this note in my possession. If Mr. Banks did not owe this money why did he give this note? In any event, he can scarcely blame me because I assumed that a promissory note signed by him represented a legal obligation.
    The facts which led up to the action of Barnum vs. Suncrest Orchards, Inc. are these: Some two or three years ago L. A. Banks, Howard A. Hill, Wm. B. Barnum, O. B. Morrow, George Schumacher, Marie Schumacher, L. D. Harris and C. H. Taylor borrowed $1000 from W. H. Norcross. The money went to Mr. Schumacher to assist in equipping him to make chemical analyses in connection with arsenic residues on the fruit these parties were growing and shipping. It was agreed among all of these parties that Mr. Banks, who, through his company, Suncrest Orchards, Inc. was handling all of their fruit, should hold out three-quarters of a cent on each box shipped, including the fruit of Mr. Banks and his company, and that this three-quarters of a cent per box should constitute a fund which should be used to pay this $1000 note. Mr. Banks and his company did deduct this three-quarters of a cent from the fruit of these various growers but appropriated the money to his own use and failed to pay Mr. Norcross' note. Finally, Mr. Norcross brought an action against the makers of this note to recover his $1000, less $100 on the principal which had been paid by Mr. Schumacher. Mr. Banks was called upon to protect the other makers of the note and to use the money which he had collected and received to discharge the note in accordance with his agreement. This he failed to do. On the contrary, he has failed to file any answer in the action and there is imminent danger that a judgment will be taken against the other signers of the note, including Mr. Barnum, and that their property will be sold to enforce its collection. If the foregoing statement is not substantially true I invite Mr. Banks to publish over the signature of one or more of these parties, other than himself, their statement of what the true facts are.
    During all this time Mr. Banks' company has owed Mr. Barnum a large indebtedness, the collection of which he had refrained from pressing, but under the existing conditions Mr. Barnum has felt justified in taking such steps as he could to protect  himself and his associates and has done this by bringing an action on his claim and attaching such property of Mr. Banks' company as he can find.
    The statement that I have ever solicited or sought any business against Mr. Banks or his company is unqualifiedly false. On the contrary, I have consistently discouraged my clients from bringing actions against him. The action of Corn vs. Suncrest Orchards was commenced in November on the instruction of my client, and an attachment was issued and placed in the hands of the sheriff. I personally assumed the responsibility of holding this writ of attachment up in the sheriff's office for more than two months in the vain hope that Mr. Banks could realize from his gold mine sufficient to pay at least a part of the claim.
    The lien foreclosure suit was brought by me on behalf of the laboring men who had worked on Mr. Banks' mine, and who had not been paid. Have we come to the place in Jackson County where a lawyer cannot assist a laboring man to collect the wages earned by his sweat and brawn? The Alexander claim and the Hubbard Brothers claim were included in the suit at the request of Frank P. Farrell, their attorney, and for the purpose of avoiding the expense of a separate lawsuit.
    Mr. Banks announces his intention to withdraw from our courts. Doubtless Mr. Kingsley and Mr. Reed, who ran afoul the law enforcement officers of this county, would have been glad to pursue a similar course.
Medford Mail Tribune, February 3, 1933, page 1


    First bloodshed in the Jackson County court fight occurred when the editor of a small paper published at Jacksonville planted a nice left hook firmly upon the nasal appendage of a threatening reader of his sheet. It is unfortunate that such fine communities as Medford and neighboring towns should be torn by strife of such a minor and wholly unimportant nature. It is, however, just another example of what can happen when one of two newspapers in a town happen to have at its head a man who would rather pick a fight than do constructive work for his town and community--(Coos Bay Times.)
Medford Mail Tribune, February 3, 1933, page 10


    Llewellyn A. Banks, editor of the Medford Daily News, whose arrest was ordered on a charge of criminal libel, made by attorney M. O. Wilkins of Ashland, was released under $1000 bond when arraigned before Justice of the Peace L. A. Roberts of Ashland yesterday afternoon. Bond was furnished by admirers who jammed the small courtroom.
    Banks waived preliminary hearing and was bound over to the grand jury.
    Banks was ordered to appear for arraignment at 10 o'clock yesterday, but by arrangement with the sheriff he did not appear until 2 o'clock. Judge L. A. Roberts and the complaining witness, M. O. Wilkin, waited until 10 o'clock, and when Banks did not show up they left.
    Judge Roberts declared yesterday that he did not postpone the time for arraignment, that his order was for Sheriff Gordon Schermerhorn to produce Banks in court at 10 o'clock. The delay was a voluntary act on the part of the sheriff's office, as far as the court was concerned, Judge Roberts said, and the sheriff's office is liable for not carrying out the orders of the court. Banks had declared in his newspaper that he would resist arrest, and the officers did not "call his bluff."
    Several objections to the warrant were raised by the sheriff's office, in that the warrant was not dated and that the warrant itself did not set a time for arraignment. Members of the sheriff's staff also objected to serving the warrant on the grounds that the district attorney [had] refused to swear out warrants for Banks against other persons, but they were advised that their duty was to serve warrants when they were given to them.
    After Banks' bond was signed by six sworn property owners, 60 more names were affixed to a subsequent sheet by landowners who expressed their desire to be included on the bond. County Judge Earl H. Fehl appeared as a friend of Banks, and informed the subsequent signers of the bond that they did not waive their right to jury duty by signing the pledge of support and confidence. Mrs. Ada Deakin of Ashland raised the question of whether their right to jury duty was jeopardized.
    Banks was cheered by his friends, and Judge Roberts admonished the crowd that the dignity of the courtroom must be preserved. Those who attended the arraignment expecting fireworks were disappointed, and some got their first glimpse of legal proceedings. A large crowd standing outside the open windows, on the sidewalk, also gave three cheers for Banks.
    Asst. Dist. Attorney George Neilson read the statute from the Oregon code that defined criminal libel, and asked Banks if he were represented by an attorney. Banks said that he was not, that he did not wish a hearing, but would be willing for the matter to go directly before the grand jury.
    Attorney Wilkins, Judge Roberts, attorney Neilson, Phil Lowd, Banks and Judge Earl H. Fehl were the chief characters at the hearing. Those who signed the bond were Electa A. Fehl, wife of Judge Fehl; Howard A. Hill, of Medford, Henrietta B. Martin, wife of a government radio operator here and president of the Good Government Congress; W. J. Jones, Rogue River rancher; E. E. Simmons, Talent merchant; Walter W. Phiede, Eagle Point farmer, and E. A. Fleming, orchardist of Jacksonville.
    Mrs. Martin announced that she represented the Good Government Congress, and that the congress was behind Banks to a member. Attorney Wilkins left the court room as soon as his part of the hearing was completed, and returned to his own office next door.
    Mrs. Martin inspected the warranty bond after it had been signed, with the statement that "too many things have been changed in this country for us to take any chances." She found the bond correct, however.
Medford Mail Tribune, February 5, 1933, page 1


    The Jackson County legal-political war which has torn the county for the past two years continued at the "first assembly of the Good Government Congress" at the Armory, Saturday morning. Police estimated the crowd at between 1200 and 1500. The majority of those in attendance, a check of the parked autos showed, were from the rural sections. Many of this city, drawn by curiosity, attended. The meeting revealed plans for a campaign to launch recall movements against the circuit judge and district attorney.
    L. A. Banks, editor-orchardist, presented a program for the "rehabilitation of Jackson County," which included mine development, building of a cannery, and other constructive enterprises. He climaxed his remarks, however, with the charge "that the rehabilitation would not be a success, until law and order had been established in Jackson County, and the district attorney removed, also the circuit judge." He favored the appointment of "someone who is not a member of the legal profession to the bench."
    Banks' proposal that the "grand jury indict the district attorney for malfeasance in office" was embodied later in a resolution, which was carried. The grand jury was "memorialized" to indict District Attorney Codding for "malfeasance."
    The resolution contained the familiar oft-repeated charges that "law and order have been broken down in Jackson County," that "life is not safe," and that "property is being confiscated without due process of law."
    County Judge E. H. Fehl, announced as a "guest speaker," also addressed the audience, and was given the heartiest round of applause of the session. Judge Fehl said he was "elected by the people and was the representative of all the people," but that "his hands were tied by the other members of the county court."
    Henrietta B. Martin, wife of a civil service employee, and president of the good government congress, urged all present to go to the Daily News office, and sign petitions for the recall of Circuit Judge Norton and District Attorney Codding. She advised all not registered to proceed to the county clerk's office and register and then sign the recall petitions.
    County Judge Fehl and Mrs. Martin also urged all to go to Ashland and attend the preliminary hearing of L. A. Banks, in justice court. Banks in his talk declared "that filing of the criminal libel charge was a frame-up to keep him from attending the meeting." Banks held that the justice court had no right to issue a warrant for his arrest on the criminal libel charge, "but that it could only be done by the grand jury, and when that is done, I will submit to arrest gracefully."
    Mrs. Ada Deakin of Ashland took the platform near the close of the meeting. She also charged that "law and order had broken down," and favored signing of the recall petitions. Mrs. Deakin, in an impassioned speech, also censured attorney M. O. Wilkins for his recent stand. She also attacked the courts and district attorney's office.
    The session lasted until well past noon, and started to disperse when Chairwoman Martin announced that a collection was in order.
    The session was good-natured for the most part, and it was evident that the tenseness that characterized previous gatherings the past month had lessened. A group of boys voted "No" on the resolutions, and were rebuked by the chair. A voice in the gallery shouted, "They're not old enough to vote."
Medford Mail Tribune, February 5, 1933, page 1


    A judgment and decree, in default in favor of T. E. Pottenger and wife and Elmira Cox was handed down yesterday in circuit court, against L. A. Banks, publisher-editor of the Daily News.
    The decree provides that Pottenger and co-plaintiffs are entitled to immediate possession. It is further provided that Banks, under Oregon law, may redeem the property within six months by the payment of $18,185.52--the amount of the judgment--and costs amounting to $17.30. The action was not contested.
    The suit was for possession of the building on West Main Street, occupied by the Daily News, and purchased by Banks. It was averred that Banks had failed to comply with the terms on the contract for the purchase.
Medford Mail Tribune, February 5, 1933, page 1


    L. A. Banks, following his indictment yesterday, appeared at the county jail last night, where he waited for the return of Sheriff Gordon L. Schermerhorn, who served the warrant upon him. Howard A. Hill and Mrs. Ariel B. Pomeroy were qualified as bonds surety in the sum of $1000. The bond was approved by Circuit Judge H. D. Norton.
    L. A. Banks, publisher and editor of the Daily News, was indicted on a charge of criminal libel by the grand jury, William T. Grieve of Prospect, foreman. The indictment was based upon an alleged libelous article published in the "Once in Awhile" column and captioned "Banditry," on February 9. The grand jury reported late Saturday.
    The grand jury also returned a criminal libel indictment against Leonard Hall, publisher and editor of the Jacksonville Miner. The alleged libel was embraced in an article December 30 dealing with allegations of embezzlement, in the Norcross suit. A circuit court jury last week returned a verdict in favor of Norcross, in his suit against L. A. Banks, Howard A. Hill, C. H. Taylor, W. B. Barnum and O. B. Morrow, for the full amount asked.
    Norcross based his suit upon the claim that Banks had collected funds on a three-quarters of a cent per box basis, from the defendants, for payment of the balance due on the $1000 note, but that no funds had been applied to the payment of the note.
    The indictment against Banks is based upon an article in the "Once in Awhile'' column, and the entire article is made a part of the indictment. It was printed two days following the serving of an attachment on newsprint by Eugene Wright for back salary allegedly due. This case is now pending in justice court for decision.
    The indictment sets forth as alleged specific libel in the article, the following:
    "Bandits on the public payrolls entered the Medford Daily News on Tuesday." Also, "Following the first outrage where bandits, under the badge of authority of the law, entered a news plant and seized all the newsprint, a friend came to the
rescue."
    Also, "That bandits wearing the badge of authority, in open violation of the laws of the state.."
    An indictment was also returned against O. O. Clancy, charging check forgeries.
    Bail in the indictments against Hall and Banks were set at $1000, and bench warrants ordered issued for their appearance.
    Besides the three true bills, the grand jury returned five not true bills, the same not being made public.
    The grand jury reported shortly before four o'clock yesterday afternoon, after being in session all week. One of the last witnesses to be called before the grand jury was Mrs. Henrietta B. Martin, president of the Good Government Congress.
    Banks in the past month has frequently commended the present grand jury in his column, and at the Good Government Congress session Friday night praised them from the platform in one of his speeches.
    Bonds were furnished by Hall immediately following the court procedure with A. W. Pipes and Ralph Woodford as sureties.
Medford Mail Tribune, February 12, 1933, page 1


    The "Good Government Congress" held a special "convocation" at the courthouse auditorium Friday night and adopted a resolution calling upon President Hoover, and the "progressive senators" to "re-establish law and order in Jackson County." Between 500 and 600 people packed and jammed the small hall, and overflowed on the lawn. Many from this city and rural districts attended out of curiosity "to see the fun." The Rev. T. L Thuemler opened the meeting with a short prayer, and Mrs. Henrietta B. Martin, wife of a civil service employee, presided as chairman. L. A. Banks made three extemporaneous speeches during the course of the evening. He asked the congress to "be calm, but firm."
    Banks urged his friends to go before the grand jury in his behalf, stating that his enemies had been there. "It is your grand jury," he declared, "and all you have to do is knock at the door to be admitted." He referred to the times he has spoken highly of the grand jury and also urged the members of the congress to crowd the court house at any time Judge Fehl appeared to be in "dire straits." Moral support for the judge, suggested by a member of the audience, he described as useless without action. He spoke at length on the grand jury situation and repeatedly reminded the crowd that a man's house is his castle. He reviewed the attachment of newsprint in the Daily News shop and spoke often of "my paper," then later of "paper belonging to the employees."
    The first part of the meeting was good-natured, but ominous notes crept in in the latter part. One speaker, who said he was an ordained minister, declared the "gang was gathering arms." A woman in the audience, when it was proposed that a committee wait upon District Attorney Codding and Judge Norton and demand they "resign immediately," shouted, "don't forget the rope." A man on the platform shouted he "was tired of resolutions and if Nealon had no right in the office throw him out." Another speaker on the floor urged "direct action." Another said, in his travels over the county he "found people for Judge Fehl, but asking about 'this man Banks'." He said, "I tell them Banks is just a member like the rest of us."
    When it was urged that the "Congress" call upon the grand jury in a body and demand they oust District Attorney Codding and Judge Norton, Banks arose and cautioned against "hasty action, as it seldom accomplishes anything." Banks also opposed a motion presented by W. P. Doty urging a boycott on California produce. Banks said his "stand probably would be popular," but it was impractical. Chairwoman Martin observed, "that if we all ship in our groceries, maybe they will buy our produce." No action was taken on the Doty motion.
    A noticeable feature of the Friday night meet was the lack of enthusiasm and applause, in comparison with previous sessions. General comment at random throughout the crowd was "It looks like a political move," "too much talk," "what's it all about anyway," and "it's time to cut out the horseplay."
    Following the meeting a number went forward and signed petitions urging the recall of Circuit Judge Norton and District Attorney Codding. The majority left when a collection was proposed.
    Officers of the "Congress," of which L. A. Banks is honorary president, Mrs. Henrietta Martin, president, and her father, C. H. Brown, secretary, were commended by speakers for their work. Attorney M. O. Wilkins was scored. He was on the courthouse lawn, but left when "heckled" by a group of men.
Medford Mail Tribune, February 12, 1933, page 5


    The bark of Llewellyn A. Banks, editor of the Medford Daily News, seems to have been much more dangerous than his bite.
    A few years ago this man Banks came from California into the fruitful, peaceful valley of which Medford is the metropolis. He engaged in horticulture, and had scarcely established residence in the state when he was stung by the political bug, and in order to have a mouthpiece he acquired the Medford Daily News. He contested the nomination for the U.S. senatorship with Senator McNary.
    Whether his political disappointment did it, or whether his mouthpiece merely furnished the means to display it, nevertheless this fellow seems to have become obsessed with the notion that the world holds but one honest man, namely Llewellyn A. Banks. All else are crooks conspiring to ruin Mr. Banks. His daily tirades aimed at the courts, the bar association, the county court, the district attorney, the competitive newspaper, the sheriff, the constable, the "gang" have kept the community in continuous turmoil for months.
    He has gone into convulsions of wrath, snapping right and left at his imaginary enemies and appealing to the mob spirit to rally to his support. He has stirred up a senseless feud from which Jackson County will not recover for years.
    His diatribes read like the products of a fevered brain.
    There are suits pending against Banks totaling three hundred thousand dollars, and the climax came last week when creditors tied up his supply of newsprint. The fellow managed to issue his paper, however, with the aid of supporters who obtained a new supply, and the "robbers," "thieves" and "bandits" were duly trounced by Mr. Banks. The editorial resulted in his indictment for criminal libel, and Mr. Banks thereupon served notice he would defy the law.
    Here are the irate words of the troublesome journalist:
    "Now my friends, I am back home. I am defending my castle. If any officer of the law attempts to invade my home to illegally deprive me of my liberty or deprive me of my property, I will defend my home just the same as I would if bandits were entering it."
    That sounded as ominous as the bay of a bloodhound, but as we indicated at the start, all the danger proved to be in the bark. This item subsequently appeared in the news columns of Mr. Banks' paper:
    "L. A. Banks, upon hearing over the telephone that an indictment had been returned against him charging criminal libel, immediately walked to the county courthouse and there placed himself voluntarily in the hands of the sheriff."
    And in the same issue a statement by Banks, ending:
    "The publisher of the News has not been indicted. But the manhood, the honor, of Jackson County has been placed on trial."
    The enlightened people of Medford and Jackson County, who are justly proud of their culture, must be very tolerant to have so long endured this flow of maniacal stuff, the reverberations of which have gone out in news dispatches to their detriment and chagrin.
Medford Mail Tribune, February 15, 1933, page 1


    L. A. Banks, dictator of the "Good Government Congress," is fast gaining the name of a "super psychologist" among those of the county who are keeping their heads and looking into the current turmoil with clear eyes.
    Banks has in mind the ultimate control of county offices, for obvious reasons, and is laying down a barrage of carefully concealed propaganda to play on the minds of uninformed folks to gain those ends. The last move in this plan was the formation of the "Good Government Congress," of which he has complete control at this time.
    By means of clever salesmanship, he has, through his newspaper, sold many of the people of Jackson County on the idea that there is a breakdown of law and order. He has done this by carefully concealing certain facts in each case he sets forth, and in playing to the skies threads of truth in each allegation. Persons who have not had access to all the facts in the several cases, and have heard the repeated charges of law breakdown and conspiracies, have believed the charges, and are now the ones who are supporting Banks in his efforts to avoid his day of reckoning in court. Many of these people, it is pointed out, are sincere in their belief that a breakdown of law and order exists and that something should be done about it. But they have not studied Banks' activities in the valley, and his gradual decline into a morass of legal proceedings, and fail to see the obvious "nigger in the woodpile"--the selfish purpose of their overlord and dictator.
    For example:
    Banks printed a story told to him by F. A. Bates, aged miner of Foots Creek, in which he charged several persons with robbing sluice boxes, and conspiracies. He printed it because the story, as Bates told it, condemned the county law enforcement officers, which was directly in line with Banks' editorial policy. He was sued for libel because of the story, and as a defense he has set about to prove by insinuation that the officers were responsible for the acts of Bates, and DENYING THE RIGHT OF THE COURTS to settle the question as to whether Bates' story was true--or not true.
    Having failed in the election to place his own men in office, with the exception of Earl Fehl, it is now generally conceded that he seeks to do by intimidation the thing he couldn't do at the polls. Control of the offices of district attorney and circuit judge, to say nothing of the sheriff's office, would enable Banks to successfully combat any effort to bring him to justice or an accounting.
    The people comprising the "Good Government Congress" represent varied elements in the county, but while many are sincere, nearly all are UNINFORMED. Some are there because they want costs of government reduced, and blame the county officials for all their troubles. Some feel that law enforcement has failed to gain just and proper ends, and some are seeking relief from unemployment. Still others--a very small group--merely want to raise trouble and enjoy a thrill.
    Banks, in an address to the Congress last Monday night, openly declared that "nothing could be done for the unemployed or the tax-ridden until the county had removed the bloodstains from its hands." By that simple statement, he rallied the unemployed and the tax-ridden to his support to justify himself in his charges against persons in the Bates case, and Earl Fehl's charges against the officers in the Dahack case.
    Chief among the charges laid at the doorstep of county officers, and upon which the libel suits against himself and Fehl are based, are the Dahack case and the F. A. Bates case. In both cases Banks charges a "miscarriage of justice," and "breakdown of law and order." He has never told all the truth of either case.
    The Dahack case, where Everett Dahack was killed by officers who were raiding a still on Reese Creek, has been investigated by three grand juries, including one grand jury headed by a special investigator appointed by the governor. These investigations brought out the fact that Everett Dahack was killed by a bullet fired at Raleigh Mathews, who ran towards a rifle when told to halt. These investigations also proved that those who were present at the killing, besides the officers, were present at the coroner's inquest, but refused to testify. These facts are in direct contradiction to charges made by Banks and Fehl that they were kept in jail at the time of the inquest. Banks and Fehl now clamor for another special prosecutor, after REFUSING TO ACCEPT THE FINDINGS OF THE FIRST SPECIAL PROSECUTOR.
    The F. A. Bates case is another case of Banks picking up a thread of truth and weaving a blanket of false propaganda out of it.
    F. A. Bates was ordered to leave Jackson County by the authorities, but IT WAS UPON THE REQUEST OF HIS OWN WIFE AND DAUGHTER, who did not want to see him imprisoned. Letters are in the possession of authorities and interested parties that PROVE HE WAS GUILTY OF THREATENING TO COMMIT A FELONY. Banks has seen the letters, but contends they are forgeries. Banks' contention is in direct contradiction to Bates' admission that he wrote the letters. Banks, in his editorials about the Bates case, has failed to mention these letters, preferring to contend that he was "banished by the officers."
Medford Mail Tribune, February 17, 1933, page 1


    L. A. Banks, publisher of the Medford Daily News, indicted Monday by the grand jury on criminal syndicalism and criminal libel charges, will appear in circuit court tomorrow morning at 9:30 o'clock, before Circuit Judge George F. Skipworth of Eugene to enter a plea. Banks will also enter a plea to the indictment charging criminal libel, returned against him February 11.
    No further action has been taken by the district attorney's office relative to a hearing on the qualifications of Banks' bondsmen. Judge Skipworth from the bench intimated that he might be "justified in allowing Mr. Banks to go on his own recognizance." The bondsmen on the first criminal libel indictment are Mrs. Ariel B. Pomeroy and Howard A. Hill, orchardists. The bondsmen on the two last indictments are Claude Ward, a brother-in-law of Banks, and W. J. Jones, mayor of Rogue River. The bond in both instances was fixed at $1000.
    Leonard Hall, editor of the Jacksonville Miner, indicted for criminal libel for the so-called "Norcross embezzlement case" article, was arraigned yesterday and entered a plea of not guilty. J. R. Woodford and A. W. Pipes appear as his bondsmen in the sum of $1000.
Medford Mail Tribune, February 22, 1933, page 1


    This is the second of a series of articles written by George Codding, District Attorney, for the purpose of contradicting certain falsehoods published by L. A. Banks.
    Banks has for many months been trying to inflame the public about the case of F. A. Bates. While I consider his falsehoods regarding this case as silly and foolish,. nevertheless there may be those who believe some of the falsehoods which the editor of the local morning paper has made. He has stated that the district attorney BANISHED Bates from Jackson County. This is false, and Banks knows it is false. It is made because of Banks' personal dislike for me, and all law officers.
    Bates, an old man, had some interest in property, a part of which is mining property on Foots Creek. He had been interested in it for several years. Finally he leased it to two men and they worked it on a percentage basis.
    One day these men made complaint that Bates had threatened to shoot them; a complaint was lodged in Judge H. D. Reed's court at Gold Hill on a very serious charge. A hearing held according to law, and Judge Reed let Bates go without bail pending final determination of the case, warning him to cause no more trouble.
    A very short time later Bates again raised a disturbance and Judge Reed, fearing something serious might develop, lasted a warrant of arrest, fixed bail and Bates was placed in the county jail. Bates had been there only a short time when his wife and daughter consulted Mr. Frank DeSouza, an attorney of Medford, in an attempt to get him out. They told Mr. DeSouza that they could not furnish bail for him, but that if they could get him released, they would send him up north where some relative would care for him.     Mr. DeSouza then consulted Bates and found that it would be agreeable to him. Then Mr. DeSouza, his attorney, telephoned Judge Reed and proposed that the judge release him so he could go north according to the suggestion of his wife and daughter. Judge Reed agreed to the arrangement because he had no desire to keep the old man in jail, if he could be assured that he would keep out of trouble. Mr. DeSouza then, MERELY OUT OF COURTESY, called me regarding the release of Bates.
    Naturally I had no objection, my only thought being that a serious situation on Foots Creek should be avoided if possible, and I did not want to keep an old man in jail at county expense, if anything else could be done. Bates was released, and at about the same time leased or sold the property on Foots Creek to L. A. Banks and Dr. Swedenburg of Ashland. These purchasers required that Bates leave Foots Creek and remain away, as is shown by the records in the county clerk's office.
    At a later date the grand jury of Jackson County indicted Bates on the charge filed in Judge Reed's court.
    The statements of Banks that the district attorney banished Bates from this county are malicious falsehoods, as can be easily shown by the records of the case.
    Many times I have been asked this question, "Why does Banks hate you, Codding?" The answer will be found in volume 180 of the Oregon State Supreme Court Report, page 612. A case entitled Frank Zuccala vs. Suncrest Orchards, Inc. I forced Banks to pay an honest debt to a poor farmer.
    In that case the supreme court said Banks' testimony was "far from convincing."
Medford Mail Tribune, February 22, 1933, page 1


    L. A. Banks, orchardist and editor and publisher of the Daily News, was dispossessed of the newspaper plant Saturday morning, following a decree handed down in circuit court by Judge W. M. Duncan of Klamath County, in favor of the News Publishing Company, Lee Tuttle, president, granting them immediate possession.
    Before the execution of the judgment could be made, aides of Banks, a number being identified as some of the "Green Springs Mountain Boys," started moving equipment from the News plant. A truck, bearing a license issued to the Suncrest Orchards, Inc., one of the Banks properties, was said to have hauled away one truckload. Part of the moved property was taken to the Pacific Record-Herald building, on Sixth Street, owned by County Judge E. H. Fehl. Another load was moved to an unknown destination. Repossessing of the moved property is being sought. Banks was not on the scene in person.
    The moving caused considerable furry along Main Street until Sheriff Schermerhorn, accompanied by attorney Gus Newbury and Mr. Tuttle, arrived. The moving halted and the old News Publishing Company immediately took charge.
    Most of the desks and typewriters in the business office had been taken. Some of the movable parts of the mechanical department were taken, including Linotype line spaces and metal. [Stealing a Linotype's spacebands incapacitates the machine.]
    The defiance of a court order caused only mild excitement. The participants were for the most part followers of Banks and his "Good Government Congress." It was said names of most of those assisting in the moving were obtained.
    A small crowd assembled in the circuit courtroom to hear the ruling of Judge Duncan. A few known members of the "Good Government Congress" were present, including Mrs. Henrietta B. Martin, president of the "congress." There were fewer "congressmen" in the courthouse than usual. Banks was not present.
    Judge Duncan in a brief verbal ruling granted a decree to the old News Publishing Company. He said that the court was satisfied there had been ample time to prepare a defense, and that the affidavit of prejudice, filed by Banks Friday, was too late, and furthermore that two affidavits of prejudice, the legal number allowed, had already been filed. Banks appeared Friday as his own counsel, and made an effort to further delay the legal action him. The case has been pending since last December, and every possible legal subterfuge employed to postpone Saturday's legal reckoning.
    In the suit of O. B. Waddell, assignee for the Medford National Bank for the collection of approximately $9000 owed by Banks and wife on mortgages on his home, and the Suncrest Orchards, Inc. decision was reserved by Judge Duncan until a later date.
    Repossession of the News by its founders brings to a close a stormy period in the life of the paper. Banks, as editor, engaged in "personal journalism" and specialized in daily attacks on established institutions and county officials. At first the policy attracted, put the past six months there has been a steady drift away and crystallization of public opinion against methods that kept the county in a constant turmoil. Under Banks' management the morning paper was constantly beset with troubles of all kinds and varieties.
    Lee Tuttle, who will be editor of the News whether or not it continues as a daily or weekly publication, is a conservative but progressive type of editor, and "stickler for the truth."
Medford Mail Tribune, February 26, 1933, page 1


    Yesterday's issue of the Medford Daily News under the signature of L. A. Banks, editor, and leader of the Good Government Congress, contained a continuation of the false statements and misleading insinuations that have graced the Daily News for many months. The statements were made with the definite purpose of misleading the Banks followers, it is believed, and with the intention of prejudicing the minds of the people against the courts and officers of the county.
    Banks claimed in his column that he did not have time to file an affidavit of prejudice against Circuit Judge W. H. Duncan in the suit of Lee Tuttle and the old News Publishing Company against Banks and the Daily News publishing company. This statement is proven absolutely false.
    Banks also insinuates that attorney M. O. Wilkins filed an affidavit of prejudice against Circuit Judge Harry D. Norton after he had withdrawn as Banks' attorney in the case, for the purpose of defeating Banks. This claim is also absolutely false, and Banks could have found it to be false by looking at the records on file at the county clerk's office.
    The statement of Banks that appeared in yesterday morning's issue of the Medford Daily News was as follows:
    "First, we declare that Wilkins was without authority to sign a motion of prejudice before and in behalf of L. A. Banks."
    "The state law is definite in this respect," attorney Gus Newbury said on Saturday. "The state law says that either the persons in the suit, or their attorneys, can file affidavits of prejudice. When Wilkins filed that affidavit against Judge Norton it was just as legal as the one Banks signed against Judge Brand."
    A second statement in the Medford Daily News immediately followed the first, which said:
    "Second, we have reason to believe that this motion of prejudice was prepared and placed in the files after Wilkins had withdrawn as the attorney for L. A. Banks, and after he had demanded the $1857.55 in attorney's fees, which were not due him and on which he held up all of the documents in this and other cases."
    An inspection of the files at the court house shows that the affidavit of prejudice against Judge Norton, signed by Wilkins, was filed on December 7, 1932, and that Wilkins' letter of resignation, printed in Banks' paper, was mailed to Banks on February 19, 1933.
    Banks could have determined these facts if he had bothered to call the county clerk's office, or go there himself and personally inspect the files, but he preferred to intentionally distort the truth to further mislead his readers and give them the impression he was being persecuted.
    L. A. Banks himself signed the affidavit of prejudice against Judge Brand, on December 5, which makes the two affidavits of prejudice allowed a litigant, and, according to law, only two affidavits are allowed.
    Banks further claims he did not have time to file affidavits of prejudice against Judge W. H. Duncan because he received the notice on February 20 that the case was set for trial on February 24. According to law, the affidavit of prejudice would have been filed Feb. 20th or Feb 21st. Banks filled the affidavit of prejudice February 23, or the day after Washington's Birthday, which was too late.
    Yesterday's editorial was but a continuance of the misleading editorials written by Banks for many months, for the sole purpose of prejudicing the minds of the people against the officers and courts of the county. Many of these people who have been misled now firmly and honestly believe that courts in the county are corrupt, but it is reported from many places that people are changing their minds about Banks and his Good Government Congress since the truth of Banks' charges has been printed.
Medford Mail Tribune, February 26, 1933, page 1


    L. A. Banks, orchardist and editor and publisher of the Daily News, was dispossessed of the newspaper plant Saturday morning, following a decree handed down in circuit court by Judge W. M. Duncan of Klamath County, in favor of the News Publishing Company, Lee Tuttle, president, granting them immediate possession.
    Before the execution of the judgment could be made, aides of Banks, a number being identified as some of the "Green Springs Mountain Boys," started moving equipment from the News plant. A truck, bearing a license issued to the Suncrest Orchards, Inc., one of the Banks properties, was said to have hauled away one truckload. Part of the moved property was taken to the Pacific Record Herald building, on Sixth Street, owned by County Judge E. H. Fehl. Another load was moved to an unknown destination. Repossessing of the moved property is being sought. Banks was not on the scene in person.
    The moving caused considerable flurry along Main Street until Sheriff Schermerhorn, accompanied by attorney Gus Newbury, and Mr. Tuttle arrived. The moving halted, and the old News Publishing Company immediately took charge.
    Most of the desks and typewriters in the business office had been taken. Some of the movable parts of the mechanical department were taken, including linotype line spaces and metal.
    The defiance of a court order caused only mild excitement. The participants were for the most part followers of Banks and his "Good Government Congress." It was said names of most of those assisting in the moving were obtained.
    A small crowd assembled in the circuit courtroom to hear the ruling of Judge Duncan. A few known members of the "Good Government Congress" were present, including Mrs. Henrietta B. Martin, president of the "congress." There were fewer "congressmen" in the court house than usual. Banks was not present.
    Judge Duncan in a brief verbal ruling granted a decree to the old News Publishing Company. He said that the court was satisfied there had been ample time to prepare a defense, and that the affidavit of prejudice, filed by Banks Friday, was too late, and furthermore that two affidavits of prejudice, the legal number allowed, had already been filed. Banks appeared Friday as his own counsel, and made an effort to further delay the legal action [against] him. The case has been pending since last December, and every possible legal subterfuge employed to postpone Saturday's legal reckoning.
    In the suit of O. B. Waddell, assignee for the Medford National Bank for the collection of approximately $9000 owed by Banks and wife on mortgages on his home and the Suncrest Orchards, Inc., decision was reserved by Judge Duncan until a later date.
    Repossession of the News by its founders brings to a close a stormy period in the life of the paper. Banks, as editor, engaged in "personal journalism" and specialized in daily attacks on established institutions and county officials. At first the policy attracted, but the past six months there has been a steady drift away and crystallization of public opinion against methods that kept the county in a constant turmoil. Under Banks' management the morning paper was constantly beset with troubles of all kinds and varieties.
    Lee Tuttle, who will be editor of the News whether or not it continues as a daily or weekly publication, is a conservative and progressive type of editor, and "stickler for the truth."
Medford Mail Tribune, February 26, 1933, page 1


    "We will now try the case of the old News Publishing Company against Medford News. The People of Jackson County."
    This is a very extraordinary statement. The editor of the Medford News not only ADMITS he will try his own case in his OWN newspaper, but maintains that in so doing he is also representing the people of Jackson County.
    He not only claims the right to try his OWN case--act as judge, jury and attorney--in his OWN newspaper; but he calmly proclaims that in doing so, he in some mysterious way represents the people of Jackson County.
    There are over 32,000 people in Jackson County; over 19,000 legal voters--do they agree that in this case the Medford News not only represents itself but represents THEM?
    Do they also agree that this case, the old News Publishing Company vs. the Medford News, should NOT be tried in open court, under the rules of established legal court procedure, but SHOULD be tried by an interested party in that case--the defendant--in the columns of his OWN newspaper!
    If they DO, then we might as well abandon all idea of a free democratic government at once, save time and worry, and hand over everything we possess, relinquish all the rights our forefathers gained from the Magna Carta, through the Declaration of Independence, to the Constitution of the United States, and submit to an absolute dictatorship of one newspaper and its editor, FOREVER!
    For obviously if it is RIGHT for one defendant to be judge and jury in his own case, then it is right for ALL defendants. If it is RIGHT for one newspaper editor to try an action against himself, in the columns of that newspaper, then it is RIGHT for ALL newspaper editors.
    The fundamental principle of all good government is that men are free and equal, that a privilege granted to one man MUST BE the privilege of ALL men.
    If the News is granted this right to try its own case in its columns, then EVERY newspaper MUST be granted the right to try its own case in its columns. If it is the right of one newspaper editor, or any other individual, to place himself above the law, then it is the right of ALL individuals to do likewise.
    Do we NEED to elaborate upon this theme to show the people of Jackson County what the acceptance of such a principle would lead to--not ONLY the complete breakdown of all law and order, but the destruction of all government; not ONLY the wiping out of everything known as civilization, but a struggle to the death between armed men; with either complete extinction or a tyranny of might as the only outcome.
    NONSENSE? OF COURSE it's nonsense. Absurd? OF COURSE it is absurd. But it is the sort of nonsense and the sort of absurdity that has been going on in this community for months and months, that has resulted in the present deplorable and dangerous situation, and that only an aroused public opinion, and the support of our courts and law enforcement agencies in the fearless performance of their legal duties, CAN CHECK.
    That's the job of the right-thinking and law-abiding people of this community. It's their job now. We again call upon them, in their own self-interest, to join in this effort to peaceably but effectively end this ghastly farce, and return Southern Oregon to normal peace and orderly government again.
Medford Mail Tribune, February 26, 1933, page 6

    This is another of a series of articles written by George Codding to correct falsehoods published recently in the Medford Daily News.
    I have been attacked and libeled by Banks, formerly owner of the morning newspaper, on many occasions lately. The public generally want to know the reason for his false statements and vicious attacks.
    Before I became district attorney in 1929, a farmer living near Central Point came to my law office and placed in my hands a claim against the Suncrest Orchards, Inc., which corporation was owned by Banks. The claim was for approximately $1,000, which Banks had agreed to pay for an apple crop. Many times this farmer had tried to get Banks to pay the bill, but he had refused. The apples had been sold outright to Banks for a certain sum per ton. Banks packed the fruit which he had bought and agreed to pay for, and shipped the apples east to market.
    Somewhere in the East, the United States government seized and held the fruit because it had not been properly washed when it was packed. NOW, UNDERSTAND, THIS FRUIT WAS NOT CONSIGNED TO BANKS, BUT WAS PURCHASED BY HIM AT A CERTAIN AMOUNT PER TON IN THIS COUNTY.
    Because the apples had been seized by the United States authorities, Banks refused to pay the farmer, and tried to place the blame for the poor washing onto the FRUITGROWER, WHO HAD NOTHING TO DO WITH THE WASHING AND PACKING.
    In trying to avoid the payment of his honest debt, Banks made the following claim, which is quoted from his sworn statement filed in court:
    "That by reason of the lead arsenate spray in and upon said fruit, the same would not pass government inspection, and was unfavorable and caused the defendant to lose all the freight and icing charges expended in shipping the same, and a sum greatly in excess of the value of said fruit in defending the same against the government libel."
    This case is known as case No. 2139-L, and can be inspected in the office of our county clerk at any time by anyone.
    When the claim of this farmer was placed in my hands, I took it up with Banks and tried to get him to pay it without a lawsuit. HE REFUSED TO PAY, AND SAID IN EFFECT, "START COURT ACTION IF YOU WANT TO."
    A court action was filed and tried in our circuit court, and Banks lost the case. He was still determined not to pay the bill, so he appealed the case to the supreme court. It is reported in volume 130, supreme court records, at page 612. Banks lost the case in supreme court after months of litigation. The farmer, of course, was put to a lot of expense for costs and attorney's fees, besides having to wait months for his money, and this particular farmer needed the money badly.
    It will be remembered that Banks has bragged many times about paying for seized fruit, even when he was not obliged to, and he has posed as a great benefactor to the fruit industry in this valley. Maybe he is. In any event, here is one reason why Banks dislikes the district attorney, AND IT IS A MATTER OF PUBLIC RECORD IN COURT.
Medford Mail Tribune, February 27, 1933, page 1


    A default judgment in favor of William Berthold Barnum against the Suncrest Orchards, Inc., L. A. Banks, president, was returned yesterday in circuit court, in the sum of $2925.40. A writ of attachment was also issued against the packing plant of the Suncrest Orchards, Inc., located in the Voorhies Crossing district.
Medford Mail Tribune, February 28, 1933, page 4


    In a decree and order handed down in circuit court late yesterday by Circuit Judge William M. Duncan, judgment is awarded O. B. Waddell in two suits for collection of money against the Suncrest Orchards, Inc., L. A. Banks, president, and against L. A. Banks and Edith R. Banks. The total amount of the judgment, on two mortgages against orchard and residential property is $11,028.44.
    The order also provides that "if through inability or refusal the sheriff fails to act," the coroner shall act, and if the coroner fails or refuses, an elisor shall be named by the court, upon a supplemental order. The decree also provides that the court retain jurisdiction pending final settlement.
    In the findings and conclusions of the court, it is held that the affidavit of prejudice filed by Banks was not within the time prescribed by law, and further that the prejudice affidavit was not based upon facts.
    In the judgment against the Suncrest Orchards, Inc., $4500 is allowed on the first cause of action, and $2028.44 on the second count; $4500 is allowed in the second action. Involved in the proceedings is unpaid county taxes for the past four years.
    The case was based upon loans made and secured by mortgages in the orchard property and on residential property in this city.
Medford Mail Tribune, March 2, 1933, page 1


    PROSPECT, Ore., March 7.--(Spl.)--Leaders of the so-called Good Government Congress left here last night in a huff when the school board denied permission for L. A. Banks to speak at a meeting scheduled in the school gymnasium. Permission had previously been granted Earl H. Fehl to speak, but when he attempted to include the erstwhile editor in the program he was informed Banks would not be permitted to speak. Fehl, Banks and Henrietta B. Martin, president of the Good Government Congress, then left Prospect, according to information obtained here.
    Members of the Prospect district school board are Tom Carlton, W. E. Mooney and L. A. Ditsworth.
    There came to this strife-torn county today a blessed respite from political turmoil and fantastic rumors and inflammatory talk. There were signs of peace, and an undertone of optimism.
    For the first weekday since January 2, the court house corridors this morning were not filled with loungers and curiosity seekers. A dozen men stood on the sidewalk and laughed and joked. Though it was a non-judicial day, due to the bank moratorium, with no official filings being made and no court in session, many people came on business. Court house officials and workers marveled at the sudden welcome change.
    It was also quiet on all other fronts, the developments of the last 24 hours being:
    The district attorney's office started an investigation of the claim of L. A. Banks, honorary president of the so-called "Good Government Congress," in his court house steps speech Monday, that he had written to the governor and other state officials--"unless we can have justice, I will take the field in revolution against you people--now make the most of it."
    Strong public disapproval registered of incendiary speeches and launching of grave charges against officials and citizens to fan prejudices.
    Detention by the state police of John G. Brock, resident of this city, for questioning in connection with the brazen and audacious theft of ballots from a courthouse vault on the eve of the sheriff race recount.
    Release on $1500 bonds, furnished by Ernest Dahack, Eagle Point, and Alfred Poston, Pinehurst, of C. H. Brown, secretary of the "Good Government Congress," and father of Henrietta B. Martin, president of the organization, following his arrest in the midst of "congressmen," on a tour of the courthouse.
    Brown is charged with "slandering a bank," by reason of an article appearing in the last issue of the Pacific Record Herald, alleging the provisions of the bank moratorium had been violated. Brown was arrested by Constable George J. Prescott. He had been sought since Saturday afternoon.
    Authorities continue search for missing men wanted on warrants for quizzing in the ballot theft cases.
    Unmistakable indications that Banks' "revolt talk'' coupled with the courthouse raid had alienated dozens of "Good Government Congress" members, and those more or less tolerant of the organization's activities.
    Local Unemployed Council voices disapproval of Banks' "courthouse speech," and resent asserted snub by "Good Government Congress" leaders.
    "Committee of 100'' to continue vigilance to stamp out agitation.
    At the demonstration yesterday, which lacked the fire and fury of previous gatherings, a stenographic account of the speeches of County Judge E. H. Fehl, Henrietta B. Martin, and L. A. Banks were taken:
    The speech of Banks, as taken by W. J. Looker, was as follows:
    Mr. Banks: "You were told a few months ago that if they could close the Daily News that you would have peace in Jackson County. Do you remember that?"
    (Voices from audience: Yes.)
    "You were told that Llewellyn A. Banks was a disturber of the peace."
    (Voice from audience: A riotous man.)
    "Yes, a riotous man. Now my friends, the Medford Daily News was stolen in this court room, deliberately stolen and delivered into the hands of thieves. How long ago? A week--last Saturday, a week ago on Saturday. What has happened in the way of peace since then? Consider the kind of peace you have."
    (Voice from audience: We are getting pieces.)
    "I will show you the peace that crowd of criminals--the gang…(voices from crowd) the kind of peace. They commenced to arrest your citizens and put them into jail incommunicado--as they did in Cuba--picked up our boys--as innocent as lambs, and threw them in among the fleas and lice and held them there incommunicado under five thousand dollars bonds when they did get out, while Joe Cave--the man indicted for murder--was out on $1500 bond, wearing a gun--in a uniform--and I want to say to you, friends, that Joe Cave--the man who was indicted up here, was the man who questioned our boys as to their innocence or guilt."
    (Voice from the audience: He would know--Laughter.)
    "Now you don't know half the story. I know you have been lied to--falsified to every day since last Saturday, with no one to answer, and I say to you, my friends--I haven't read one paper, I refuse to read a paper in Jackson County because they are full of falsity. Now we propose to give you a newspaper and we will tell you the truth. (Applause.)
    "Now I am not asking for sympathy. I see some of the criminals in this crowd, that stole this newspaper. (Laughter.)
    "I see the criminals in sight here, and I could call their names--a deliberate steal--and you will find someday that Judge Duncan, when he was sent in here--he knew before he got here what he was going to do. Why? Because he had the men already sitting in that room, as soon as he handed down that decision--the greatest crime in the history.
    "Now one thing more. I am not asking for sympathy, but in the past ten days, since my newspaper has been closed, they have confiscated $200,000 worth of my property in this county--irrespective of law--against the law. Now, what are you going to do about it? I will tell you what I am going to do about it. I say in the presence of this audience--I wrote to Governor Meier today, and to the supreme court of this state today, and to other officials, and told them that unless we could have law and order, that I would take the field against them. (Applause.)
    "Now you understand what I said? That the letter was sent to Governor Meier, and to Rufus Holman, and the supreme court--unless we can have justice, I will take the field in revolution against you people--now make the most of it."
    Mrs. Martin: "Now at this time, Judge Fehl asked you to visit the court house, and if you will file through orderly please--always orderly in the Good Government Congress--we thank you."
Medford Mail Tribune, March 7, 1933, page 1


    Unofficial information from Salem today stated that Governor Meier had received a letter from L. A. Banks, erstwhile editor and orchardist, the contents of which the executive refused to divulge, stating that the matter had been referred to Banks, himself.
    It was understood in the capital city that Banks' letter stated that if order was not preserved in Medford a rebellion would result. But belief was that he had not gone so far as to state that he would lead a revolution.
    Addressing the so-called Good Government Congress here Monday Banks stated that he had informed Governor Meier, State Treasurer Holman and the supreme court that he would take the field in revolution against them if justice was not restored in Jackson County.
Medford Mail Tribune, March 8, 1933, page 1


To the Editor:
    Mr. Banks, in his "Once in Awhile" column in a recent issue of the Medford Daily News, stated:
    "I had been informed that Gus Newbury, the attorney, had walked into a barber shop, flourished a revolver, laid it down in the barber shop and made the statement that he was carrying the gun for L. A. Banks."
    Nobody ever gave Mr. Banks that information. He made it out of whole cloth just as he has made the other stuff out of whole cloth that he has been peddling to the people of Jackson County for more than three years, poisoning the minds of good citizens with stuff that was untrue, and giving unto Jackson County a nationwide reputation for lawlessness and violence that never was committed.
    This raving of his is merely another one of his spasms of hallucinations, and I doubt not that when he gave expression to it with his pen that he hammered the desk until its timbers rattled and the ink wells leaped to the ceiling, accompanying it with a Comanche yell that caused the rafters to shiver as if a Los Angeles earthquake had struck them.
    According to a statement of his former attorney Mr. Wilkins, Mr. Banks went to the office of Mr. Wilkins on January 20th, 1933, with two guns strapped on his person and exhibiting them to Mr. Wilkins he waltzed around Mr. Wilkins' office flourishing the guns and said "Now bring on Gus Newbury."
    Mr. Banks owed the News Publishing Company three promissory notes amounting to $10,000 as a balance due on the purchase price of the machinery and equipment sold to Mr. Banks. These notes were more than two years past due, no payments having been made either on the principal or the interest and he allowed the taxes to accumulate against the property, and in November, 1932, the News Publishing Company, failing to get any satisfaction from Mr. Banks in the matter of paying these promissory notes or any part thereof, brought a suit in the Circuit Court for the collection of these notes and for the foreclosure of the mortgage covering the printing plant. Ordinarily a suit of that kind would be brought to trial within a month; but Mr. Banks resorted to every device possible to avoid a trial of the case. The case was assigned to Judge Brand for trial, and in open court Mr. Banks agreed to have the same tried before Judge Brand on December 10th. On December 10th he repudiated this agreement and filed an affidavit of prejudice against Judge Brand although he had never seen Judge Brand until the case was brought to court. He then filed an affidavit of prejudice against Judge Norton, all for the purpose of preventing a trial of the case. The Supreme Court then assigned the case to Judge Duncan, and although Mr. Banks had never seen Judge Duncan in his life, he came into court and filed an affidavit of prejudice against Judge Duncan. So far as Mr. Banks was concerned it was really true that the courts had ceased to function, but not because of the courts but because of Mr. Banks resorting to the affidavits which he filed charging Judge Brand, Judge Norton and Judge Duncan with prejudice against him.
    I happened to be one of the attorneys for the News Publishing Company and finally got the decree and judgment against Mr. Banks for something in excess of $12,000.00, and he perhaps never will forgive me for accomplishing that result in the face of his determined opposition to pay the debts which he honestly owed.
    Undoubtedly that is the reason why he said that I carried a gun in the barber shop, for him. But the statement was made out of whole cloth just as were the affidavits of prejudice against these various judges.
Medford, March 11.
Medford Mail Tribune, March 12, 1933, page 4


    The Daily News, morning newspaper here, until three weeks ago published and edited by L. A. Banks, was sold this morning at ten o'clock, at a sheriff's sale. It was purchased on a bid of $6500 offered by the News Publishing Company, L. B. Tuttle, president. It was the only bid presented.
    The sheriff's sale was in pursuance of a judgment and order of sale issued out of circuit [court] against Banks, the erstwhile editor, in a "sum in excess of $12,000." The sale, was forecast as marking the end of hectic agitation and sensational charges in this county.
    Sheriff Gordon L. Schermerhorn conducted the sale standing atop a chair, first reading the description of the property, to a lobby full of people, including members of the "Good Government Congress," police in plain clothes, and curious local folk.
    There was complete silence during the sheriff's plea for bids. At one time he beseeched:
    "Surely nobody will let more than $12,000 worth of property go for half or less."
    He then gave the three warnings of the auctioneer, and declared the property sold to the News Publishing Co., original owners and founders of the newspaper.
    At this juncture, Mrs. Henrietta B. Martin, president of the so-called "Good Government Congress" declared:
    "Now we want to see the money."
    "The chief creditor and holder of the mortgage doesn't have to show the money," retorted attorney Gus Newbury.
    Two city policemen stood guard at the two gates to the main business and editorial rooms. Attorney E. E. Kelly advanced to the counter, and after an exchange of words with Mrs. Martin, requested that the crowd depart. They refused to heed him.
    Finally wearying of the banter, the crowd slowly dissolved. There were not many "Congressmen" present. Several who have been active in the county turmoil were in the throng, including a number under arrest and at liberty on bonds in the ballot stealing and burning investigation. Neither Banks nor County Judge Fehl were present. Mrs. Electa A. Fehl, who claims to hold a certificate of delinquency for $1064 in unpaid taxes, was in the crowd.
    A week ago an appeal was issued in the Pacific Record Herald, urging all "Good Government Congress" members to contribute whatever they could to purchase the plant, "for the re-establishment of the free press." Though a more or less active solicitation was waged, chiefly in the rural districts, the harvest was slim.
    It was also reported that "moneyed congressmen" were planning to buy the paper, and turn it over to Banks.
    A large crowd gathered across the street from the newspaper to watch the proceedings.
    The News, by virtue of the sheriff's sale, now reverts to its founders and owners. It was established in 1927 by Lee B. Tuttle, Carl A. Swigart, and others, who evolved a daily paper from the Jackson County News, a weekly.
    It was purchased in September, 1929, by L. A. Banks, who came here from California, and mixed journalism with his orchard interests. Banks made a down payment and gave three promissory notes, and a mortgage for the balance. He became delinquent in his payments. Suit for possession and foreclosure were started last December. The litigation has been pending since, with counter claims for wages filed intermittently.
    Banks from the time of his entry into the Southern Oregon newspaper field wielded a fiery pen. Until legal troubles accumulated, his paper fired daily a barrage of serious unprovable accusations and allegations, against citizens, officials, and organizations. He was openly charged with using the paper for the furtherance of political and personal vengeance.
    Banks became delinquent in his taxes, over a three-year period. and late in December a delinquent tax certificate was issued against the newspaper. It was taken up by J. T. Thomas of Ashland and others, in the sum of $1084. Mrs. Electa A. Fehl in a suit filed in circuit court claimed ownership of this certificate. Tuesday a restraining order was issued in circuit court prohibiting any legal action to thwart the sale today.
    Plans of the purchasers of the property for the future have not been announced.
Medford Mail Tribune, March 15, 1933, page 1


    Constable George D. Prescott of Medford is dead and L. A. Banks, fiery editor of the Medford Daily News, is charged with murder as the climax of the political upheaval in Jackson County which resulted in the stealing of ballots in the sheriff recount three weeks ago.
    Constable Prescott was killed at ten o'clock this morning on the front porch of Banks' home when he and Capt. Bown of the state police went to serve a bench warrant on Banks, charging him with complicity in the theft.
    The warrant was the outgrowth of grand jury proceedings yesterday, when indictments were returned against about 20 men in the ballot affair. Previously, Banks had not been arrested in this case, although his business manager and several of his close associates are out on bond, charged with burglary not in a dwelling.
    In the grand jury indictments the charge read "conspiracy to commit a felony," and involved more than the fifteen persons already arrested on the burglary count.
    It was in accordance with this latest indictment that Constable Prescott was serving papers on Banks. A group of four state police went with Prescott to Banks' home well armed but hoping to avoid trouble, although Banks had repeatedly stated that he would resist arrest, and it was known that his house was barricaded.
    According to reports, Mrs. Banks came to the door, which was secured with a chain and could be opened only a few inches. The officers asked for Banks and when he appeared he shot almost without warning and Prescott fell dead with a bullet wound in his heart.
    Arrested a short time later, Banks was rushed from Medford to an unknown destination for safekeeping. Speeding police cars passed through Gold Hill headed north [i.e., west to Grants Pass] about 11:30 this morning, presumably with Banks in charge.
Gold Hill News, March 16, 1933, page 1


    "I shot Prescott, who was trying to force his way into the house, the same as any burglar would."
    This statement, according to Captain Lee M. Bown of the state police, was made by Llewellyn A. Banks, slayer of Constable George J. Prescott, shortly after he had entered the state police auto that was carrying him to the Josephine County jail.
    Captain Bown said that Banks answered five or six questions freely, and that he declared he shot Prescott with a rifle.
    Banks was handcuffed and rushed to Grants Pass, as a precautionary measure.
    Up to mid-afternoon, no arrangements had been made to secure an attorney for Banks. No effort had been made either to secure the release of Edith R. Banks or Mrs. Arthur LaDieu, held in the woman's ward of the city prison.
    Banks, according to the officers, was calm and cool, and talkative on the trip.
    Llewellyn A. Banks, 62, former editor and orchardist, shot and killed Constable George J. Prescott this morning shortly after 10 o'clock, in resisting the service of a bench warrant issued as the result of a secret indictment returned late Wednesday, naming Banks as one of the 20 or mere men indicted for the ballot thefts and destruction on the night of Monday, February 20, during and following a meeting in the courthouse of the "Good Government Congress."
    Banks, arrested nearly an hour after the murder, was rushed by state police to the Josephine County jail at Grants Pass for safekeeping and as a precautionary measure.
    E. A. Fleming, orchardist, Jacksonville, in the Banks home at the time of the murder, was also held by the authorities.
    Mrs. Edith R. Banks, wife of the slayer, also was detained at the city police station, as a material witness.
    Mrs. Arthur LaDieu, wife of the former business manager of the Daily News under Banks' management, was held in the women's ward of the city jail for an alleged inflammatory remark made after the killing. She was quoted by officers as saying:
    "He got just what was coming to him, and you're going to get yours, too, Joe Cave."
    Mrs. Banks, when placed in the city jail, offered no resistance, and had nothing to say, Officer Cave reported.
    Banks was arrested at his West Main Street residence by state police, hustled into a waiting auto, and rushed to Grants Pass. Banks grinned as he left, passing near the body of the slain officer. Banks made no statement and did not deny the killing.
    The murder occurred shortly after 10 o'clock this morning. Constable Prescott and Sergeant James O'Brien of the state police had gone to the Banks home on West Main Street, to serve the warrant.
    According to the police version, Mrs. Banks opened the door. An instant later there was a shot from within. The bullet splintered the side of the door and struck Constable Prescott in the left shoulder, coursing downward through the heart, and causing instant death. The door was then slammed and locked.
    Mrs. Banks, detained in the women's ward of the city jail, was calm, and had no comment to make.
    The murder stunned and shocked the city and county, and was a crashing climax to a long period of turmoil, of which Banks had been the center. In his last public appearance, at a "protest meeting" of the "Good Government Congress," he declared from the courthouse steps:
    "Unless justice is restored in Jackson County, I will take the field in revolution."
    While acting as editor of the morning paper, he frequently expressed incendiary defiance of constituted authority, through the printed word. In many articles he boasted he would resist arrest.
    Constable Prescott toppled to the front porch floor. Sergeant O'Brien bent over him, as he gasped, "Tell my--." The sentence was never finished.
    Lieut. O'Brien, realizing that Banks was dangerous, stepped out of range, and at a neighboring house sent in a call for reinforcements. Volunteers kept guard rear and front, to prevent any escape by the murderer.
    When available police officers and members of the American Legion had assembled, Banks was arrested. A curious crowd watched. Many reported that as he marched to the auto he appeared unperturbed.
    As soon as the necessary legal arrangements can be made, Banks will be held on first degree murder charge, which is not subject to bail. The slayer will probably be arraigned in Josephine County.
    The body of Constable Prescott is held at the Conger Funeral Parlors. No funeral arrangements have been announced. The bullet struck the officer in the left shoulder and coursed downward, and lodged in the middle of the back.
    Mrs. Prescott, the wife, is in feeble health. She has not been advised of the tragic death. A son, Francis, living in Klamath Falls, and a daughter, Mrs. Nota Prescott of Salem, are rushing here. Another son, Paul, lives in this city.
    Constable Prescott was widely known and highly popular. He had been a resident of this city for about 20 years.
    The news of the slaying spread like wildfire throughout the city and county, and the local telephone service was clogged with calls.
    Knots of men gathered about the streets following the murder. For the most part they were silent. There was no undue excitement.
    Immediately after the killing, state police from Klamath, Josephine, Coos and Curry counties were ordered to mobilize here. Peace officers from the same districts also hastened here and were stationed at the state police and city police headquarters, and at other advantageous points. A detail of state police were en route from Salem, and more were to be dispatched this afternoon.
    It is expected that the state authorities will take immediate steps to prevent any further moves to keep alive the flames of agitation, and to exercise a firm hand in restoring normalcy.
    This morning a fair-sized crowd, composed mostly of "Good Government Congress" members, gathered at the courthouse. There was some fevered talk, but for the most part the crowd was good natured, and had gathered in anticipation of developments in the ballot theft indictments returned. Close to 100 people were standing around the courthouse corridors when the news of the murder came. Many rushed to the Banks residence.
    Constable Prescott was engaged in serving bench warrants upon the men indicted. He was accompanied by Sgt. James O'Brien of the state police. They appeared at the court house shortly before ten o'clock. Thence they proceeded to the Banks home.
    Constable Prescott had been active in the collection of evidence in the ballot theft case, and had served a number of warrants. Last month he served a writ of attachment on newsprint in the Banks newspaper office. In his "Once in a While" column, the editor attacked the legal procedure, and bitterly flayed Constable Prescott, characterizing him as "a bandit." The last grand jury indicted Banks on a charge of criminal libel for this article. He was also indicted for "criminal syndicalism." He has been at liberty on bonds.
    Yesterday morning the morning paper was sold under the sheriff's hammer to the original owner, for $6500. In the afternoon the grand jury returned a secret indictment, naming Banks as one of the men implicated in the ballot thefts.
    For the past six months Banks has been involved in numerous legal woes, in connection with his orchards, newspaper, and mining projects. Most of the suits were for money. Three weeks ago Banks was dispossessed of the paper, on a judgment returned in circuit court. During the hearing Banks acted as his own attorney and left the courtroom during the trial.
    Banks, the past two weeks, had been issuing a weekly paper from the plant of the Pacific Record Herald. The issue was distributed yesterday, but dated next Saturday, March 18. It contained vitriolic attacks against a local official and the state police, the latter for their activity in the ballot robbery investigation.
    Banks has been a resident of this city and county for the past five years, and intermittently for the past ten years. In 1920 he acquired the morning paper, and spent most of his time here. Previously his interests were divided between this city and Riverside, Calif. He became a sort of leader in the fruit industry, and acquired a number of orchards.
    In 1930, shortly after obtaining the morning paper, he ran for United States Senator and was overwhelmingly defeated.
    The depression came, and Banks' interests suffered. His writing became more vehement. He attacked unreservedly state and local officers, and organizations. His bitterness reached a peak during the last campaign. The turn in personal fortunes embittered him, friends said.
    Since the first of the year, Banks has been a leading figure in the local agitation. He was a speaker at all the courthouse demonstration meets and took an active part in the "Good Government Congress." He was named honorary president of that organization.
    In recent weeks, the membership in the "congress" has been dwindling away.
    Banks has a brother living in Oakland, Calif., and it has been reported but not confirmed that the brother was in Banks' home at the time of the slaying.
Medford Mail Tribune, March 16, 1933, page 1


    L. E. Fitch, prominent member of the so-called Good Government Congress arrested a short time ago on a charge of "riotous and disorderly conduct" for alleged participation in flogging with a buggy whip of Leonard N. Hall, editor of the Jacksonville Miner, was in the Sacred Heart Hospital this afternoon receiving treatment for head injuries inflicted this morning, a short time after the slaying of Officer George Prescott by L. A. Banks, honorary president of the congress.
    Fitch, according to his own story, was struck over the head several times with a gun. The attack occurred on West Main Street near the Methodist church. Onlookers who arrived on the scene a few minutes later stated this afternoon that Fitch had contested the right-of-way of an opponent of the Good Government Congress, who was walking toward Banks' home, where the slaying of Prescott occurred.
    Fitch is also accredited with calling his assailant "stool pigeon" and other uncomplimentary names, after which the man, whose name had not been revealed to officers this afternoon, reached for his gun and cracked Fitch several whacks on the head.
    The Good Government Congressman was taken to the Jackson County health unit in the county courthouse for first aid treatment and later removed to the Sacred Heart Hospital, where he gave his name as "L. E. Fitch of the Forest Service."
    His physician could not be contacted this afternoon, but it was understood that his injuries would not be permanent.
Medford Mail Tribune, March 16, 1933, page 1


    Mrs. L. A. Banks, who opened the door this morning through which her husband shot and killed Officer Prescott, is quoted as stating that she handed two letters to Officer Prescott, revealing Banks' reasons for resisting arrest and confirming his previous stand that he would not be taken and that there would be bloodshed if officers tried to come in. The letters, according to the statement, were addressed to Chief of Police McCredie and Captain Lee M. Bown.
    She is also said to have informed officers that Banks was ready to meet them, that he had done no wrong, and that plans were afoot to railroad him to prison.
    Mrs. Banks is also claimed to have announced that she would remain in Medford and carry on the fight against the "gang."
Medford Mail Tribune, March 16, 1933, page 1


    Contributions were already being received this afternoon to erect a permanent memorial to Constable George J. Prescott, who was this morning killed by Llewellyn A. Banks. The move is being carried on by the local American Legion post, Lee C. Garlock stated this afternoon.
Medford Mail Tribune, March 16, 1933, page 1


    That the interior of the Banks house was a miniature arsenal was discovered when state police investigated the dwelling following the fatal shooting.
    There were rifles, revolvers, shotguns, quantities of ammunition and what appeared to be a homemade portable machine gun.
    All the firearms and ammunition were carted away and placed in safekeeping, but at press time no inventory had been made.
    That the tragedy was not unexpected in the ranks of the Good Government Congress was indicated by the actions of the ringleaders, at least one and possibly two of them being in the house at the time, and many others in the neighborhood. It is also known that some of the leaders, lacking the nerve to face what was destined to be a showdown, left town late last night and early this morning.
    It is considered probable that there will be many accomplices involved in the atrocious murder, many of whom will be arrested before the day is over. The heavy hand of the law is expected to extend in many unexpected directions.
    There was a virtual stampede of Good Government Congress members to get out of the lawless organization, before it was too late. But the officials of the organization either had disappeared or could not find the membership cards. Local lawyers were appealed to and advised members to publicly announce their withdrawals in the press.
Medford Mail Tribune, March 16, 1933, page 1


    A score of peace officers this afternoon were making arrests in the ballot theft and burning case. Joseph Croft, familiar "Good Government Congress" figure, known as "the man in the cowhide coat" was arrested this afternoon with two others whose names were not divulged.
    State police said this afternoon a search was under way for County Judge Fehl, but he had not been located.
    Authorities expect to have all 21 men indicted for ballot destruction in custody early tonight.
Medford Mail Tribune, March 16, 1933, page 1


    SALEM, Ore., March 16--(AP)--Five members of the state police force from the Salem headquarters were dispatched to Medford immediately this morning upon receipt of word from that city of the shooting of Constable Prescott by Llewellyn A. Banks.
    More state officers will be dispatched if developments in that city indicate the need for a larger police force, it was announced by Charles Pray, superintendent of state police.
    Receipt of word of the killing also took another state house employee to Medford. She is Mrs. Nota Henderson, daughter of Constable Prescott, who has been employed in the office of the secretary of state for the past four years.
Medford Mail Tribune, March 16, 1933, page 5


    Do the people of Jackson County want more innocent officers shot down in cold blood, behind the skirts of some woman?
    Do they want continued lawlessness, continued pillaging of court houses and burning of ballots?
    Do they want this reign of terror followed by ANOTHER, until this community is reduced to a shambles, and advertised far and wide as a place where crime is encouraged, sedition lauded, and murder condoned?
    If they do, then that is precisely what they are going to have. All they need to do now, is TO LIE DOWN AND TAKE IT!
    There is no regret for this crime on the part of those responsible for it. No remorse. No sympathy for the dead; no human feeling for the bereaved and aged living; not a THOUGHT for the mourning children.
    The man who fired the fatal shot, who snuffed out the life of a man who had done HIM no wrong, whom HE knew was merely performing his sworn duty, glories in the terrible deed. He proudly tells the world, that under the same circumstances he would KILL again! With a set smile on his face, he walks over the body of his stricken foe, steps off the stage he had prepared with his own hands, to himself escape the fatal sentence he had so pitilessly and wantonly inflicted; and is apparently--SURPRISED!--he did not receive the plaudits of his "Good Government" followers.
    The woman that had shielded and aided him, that at a given signal stepped aside that the bullet might find a fatal spot, poses proudly for her picture, with a smile on her face--she supposed she shouldn't smile for such a picture--but her amusement couldn't be controlled--she smiled--and smiled--and smiled, adding "This fight will go on!"
    ANOTHER woman--the president of the Good Government Congress--the woman who boasted of taking the law into her own hands, who declared the ballot boxes that were burned SHOULD have been burned before--has the unspeakable effrontery to claim in one breath she "regrets the tragedy," and in the next: "I would not be a real AMERICAN if I did not continue to fight."
    "An American!" Continue to fight for WHAT? For BALLOT BURNING, FOR HORSEWHIPPING, FOR DELIBERATE AND PREMEDITATED MURDER!
    THERE IS THE CHALLENGE, CITIZENS OF JACKSON COUNTY! ARE YOU GOING TO MEET IT! OR ARE YOU GOING TO LAUGH IT OFF--AS JUST ANOTHER ONE OF THOSE "FUNNY THINGS!"
    Yesterday when the fatal shot was fired, and one of the finest and most fearless officers we have ever had lay crumpled and cold in death, we believed that that shot had at last solved our problem. We felt it would certainly remove the scales from the eyes of Banks' deluded and misguided followers; show them clearly their ghastly and tragic mistake, and putting the leader of this criminal conspiracy to destroy this community behind the bars, would result in the return of peace and security--too late it is true--at too great a price--but we found consolation in that old adage "better late than NEVER!"
    We were mistaken. We frankly admit our mistake. We underestimated the extent to which this poison had spread; we failed to appreciate the depths of human depravity to which certain sections of Jackson County had fallen.
    Only a few hours after that editorial was written, this office received an anonymous phone call from some woman who warned this paper to "lay off," who obviously was not only in sympathy with the crime, but rejoiced in it. She agreed with the wife of one of the Good Government leaders, that "George Prescott merely got what was coming to him--that there would be others!"
    And today, this community is informed, that the fight that has ended in this tragedy, that is solely responsible for it, "MUST GO ON."
    We don't know how the people of this community feel about it. But we know how this PAPER feels. With that brazenly lawless statement, we heartily agree. That challenge to everything that is right and decent and law-abiding in Medford and Jackson County is promptly accepted.
    "THE FIGHT MUST GO ON!"
    Yes, the fight MUST go on--until every individual directly or indirectly involved in this murder is BROUGHT TO JUSTICE!
    Until EVERY person involved directly or indirectly in the pillaging of the court house and the burning of the ballots, is PUT IN THE PENITENTIARY where he--or she--belongs.
    Until EVERY person involved, directly or indirectly, in this outrageous and diabolical conspiracy to destroy this community, and overturn the government under which we live--who has contributed in any way--to the campaign of falsehood, character assassination, and calumny--which forms now and has always formed the fertile field in which seeds of hatred and spite have flowered into OUTRIGHT MURDER--is either placed behind the bars or forced to leave this section of Oregon and never return!
    The issue is plain. It can't be dodged or sidestepped. As this paper called on the people of this community over a month ago to AWAKE--to STAND UP AND BE COUNTED--we now call on them again.
    And as we declared then, the call is NOT for violence, NOT to return lawlessness with more lawlessness--we need no secret vigilantes, no table-pounding agitation--all we need is what the Mail Tribune knows we have.
    AN AROUSED AND MILITANT CITIZENSHIP.
    A citizenship that will support the law enforcement officials we now have; that will stand 100 percent behind constituted authority and the government under which we live; that won't rest, or pause, until this section of Oregon, from Ashland to Rogue River and from the Applegate to Roxy Ann, is cleaned up and freed of these ballot burners, horsewhippers and murderers--and cleaned up and freed of them FOREVER!
Medford Mail Tribune, March 17, 1933, page 1


    The propaganda that has emanated from L. A. Banks, in jail at Grants Pass for the slaying of Constable George Prescott, on the ground that he shot in defense of his home and killed an officer performing his sworn duty as he would "any burglar," has aroused intense feeling throughout Jackson County and is pointed out as merely another effort to continue sowing the poison of falsehoods among hs followers in Southern Oregon.
    As the law clearly points out, and all authorities agree, when a citizen at home or anywhere else is served with a warrant, he must submit peaceably to service, and any effort to resist is in itself a serious crime. When added to resisting arrest, any person, as Banks did, shoots and kills an officer when engaged in the regular performance of his duties, this act is classified as even a more heinous crime than the killing of a man in the heat of passion and calls for the most extreme penalty that the criminal law allows.
    Lawyers all assert that this defense Banks is trying to build up only increases the enormity of his crime and accentuates the fact that there is no defense for such a crime whatever. The talk about a man's home being his castle at such a time being simply nonsense--with no standing in law or or jurisprudence whatever.
Medford Mail Tribune, March 17, 1933, page 1


    George J. Prescott was born at Rockford, Ill., October 4, 1870, and at the age of three years moved with his parents to Bagley, Iowa, where he grew to manhood, and was married to Lottie Ford, who survives and who is now ill at the Prescott home, 846 East Ninth Street.
    Three children survive, Francis Prescott, Klamath Falls; Paul of Medford, and Mrs. Nota Henderson, Salem. Also several brothers and sisters residing elsewhere.
    In 1906, Mr. and Mrs. Prescott and family moved from Iowa to Belgrade, Mont., Gallatin County, where Mr. Prescott later served as chief of police and also as deputy sheriff. In 1920 they came to Medford, and since that time his service to the city of Medford as peace officer is well known to all.
    George Prescott was a member of the Independent Order of Odd Fellows since a young man, and was a trustee in the local lodge at the time of his death. In this order he had held all the offices and was an ardent worker all of the time for the best interests of the order. He was also a member of the Modern Woodmen and active in the Lions Club, and an executive in the management of the local troop of Boy Scouts.
    At the outbreak of the World War his age prevented him from enlistment; however, he served every duty where opportunity offered.
    Funeral services, with Conger Funeral Parlors in charge, will be held at the Armory at 2:30 Sunday, with the Rev. William J. Howell of the Presbyterian church officiating.
    Interment will be in the family plot in the Medford I.O.O.F. cemetery.
Medford Mail Tribune, March 17, 1933, page 1


    Jackson County grand jury, Theodore J. Bell, Jr., of Grants Pass foreman, convened at 1:30 o'clock this afternoon to consider the returning of first degree murder indictments against Llewellyn A. Banks, the slayer of Constable George J. Prescott, in fulfillment of his long-boasted defiance of constituted authority; his wife, Edith R. Banks, and E. A. Fleming, Jacksonville orchardist and "Good Government Congress" worker.
    Indictments are expected to be returned late today, and the district attorney's office announced that the trio would be arraigned for plea and brought to trial with the least possible delay.
    Mrs. Banks, transferred with Mrs. Arthur LaDieu from the city to the county jail last night, rested comfortably in a cell with her chief concern about her 12-year-old daughter, and why "Good Government Congresswomen" had not called to proffer consolation. Mrs. Banks maintained the cool and calm mien that followed her detention yesterday, though the mutterings of angry citizens without her cell were said to have perturbed her somewhat. In her one interview after the crime, however, she kept a defiant attitude and, according to officers, treated the entire tragedy, in which she played an important part, flippantly.
    A report to local authorities this morning from Grants Pass said Banks had started to "worry," though still defiant. He continued to pose as a martyr, and repeated his familiar charges "that justice had collapsed" and that he was the "victim of a frame-up."
    Fleming, well known here for the past 15 years, regarded the situation with more concern and seriousness. He was a caller at the Banks home when the murder occurred. The authorities are investigating the part he played before and after the tragedy.
    None of the three, up to noon, had retained counsel. Neither Banks nor his wife had received word from friend or kin in California, it was reported.
    Banks is expected to plead insanity, and the state will contest such a defense vigorously. The state will maintain that it was a premeditated murder and that Banks had made threats and boasts that he "would resist arrest" and that he shot from the partial cover of his wife, who stood at the door.
    The letters signed by Banks, addressed to the chief of police and Captain Lee M. Bown, and found by the body of the slain officer, indicate premeditation, it is claimed. The state is also prepared to show that Banks transacted business and signed deeds and other legal papers a short time before the murder; that his home contained arms, and that the doors were locked with chains.
    Authorities are also investigating the theory that Banks dictated the letters after the slaying. Mrs. Banks admits either writing or copying them. Sergeant James O'Brien, who accompanied Constable Prescott, denies that any letters were handed to the slain officer, as Mrs. Banks charges.
    The state will also show that Banks was warned in a telephone message that he had been indicted, and that a warrant would be served. The authorities last evening questioned Janet Guches, his secretary, regarding what she knew concerning the tragedy and events leading to it.
    Banks and his wife, in interviews yesterday, both attempted to justify their actions, and Banks condoned the murder by setting forth the plea he was "acting in defense of his home."
    In the ordinary course of court procedure, Banks and co-defendants would be brought to trial within two weeks, but it is expected that every possible legal delay will be invoked by the slayer.
    The grand jury will also consider the case of Mrs. Arthur LaDieu, arrested yesterday in the police station when she rushed to tell her husband, held as a ballot burner, that Prescott had been killed. She is alleged to have expressed satisfaction at the murder and to have told Officer Cave "And you will get yours." Mrs. LaDieu wept at her imprisonment. An effort will be made to indict her on a felony charge.
Medford Mail Tribune, March 17, 1933, page 1


    In circuit court this morning F. J. Wortman of Phoenix was named receiver for the Suncrest Orchards, Inc., of which L. A. Banks, slayer of Constable Prescott, and his wife are the owners. Wortman was empowered to take charge at once.
    The receiver was named upon the application of O. B. Waddell, assignee for the Medford National Bank, recently given a $9000 judgment against Banks for money due on mortgages signed by the accused murderer in 1930 and 1931.
    At the same time a judgment on a mortgage on the Banks home on West Main Street, where the killing occurred, was ordered, and is approaching foreclosure.
    Immediately following the slaying, the coroner placed a guard over the Banks home, and no one was allowed to enter. Several applications were rejected yesterday.
    The custodian will remain in charge until all details of the murder and other angles have been cleared away.
Medford Mail Tribune, March 17, 1933, page 1


    State police announced today that they were holding Mrs. Arthur LaDieu as a material witness in the slaying of Constable George Prescott by L. A. Banks, yesterday. The authorities also said "that several new angles are developing in the case, which are being scrutinized closely for leads."
    The authorities refused to divulge the nature of the "angles," or to deny or confirm a query that a "conference" was held at the Banks home a night or so before the murder.
    The Banks home is known to have been under surveillance since the threat of a "revolution," and the names of those who attended "the vital conferences" known.
    Mrs. LaDieu was arrested yesterday when she appeared at the city police station, and asked to see her husband, held on a ballot theft indictment. She expressed satisfaction, it is alleged, at the murder of Constable Prescott and to have told Officer Cave "you will get yours."
Medford Mail Tribune, March 17, 1933, page 5


    A tornado of telephone calls struck the local exchange yesterday within a few minutes after the firing of the shot that took the life of Constable George Prescott on the front porch of the L. A. Banks residence at 1000 West Main Street. The exchange switchboard, according to Manager R. B. Hammond, permits 12 operators to work at once. Under ordinary conditions only five to seven of the "positions" are necessary to carry the load.
    Shortly after the tragedy at 10:24, lights began to blink by the hundreds on the switchboard as the girl operators worked frantically to stem the tide of incoming calls. The force was immediately augmented, according to wire chief Jack Ralston, 12 girls being stationed at the board until after noon, when the number of calls began gradually to decrease.
    Under normal traffic, a girl operator working one "position" at the board can complete 1100 calls per hour. With 12 girls working at top speed, telephone officials estimate 26,640 calls were answered in a period of approximately two hours--the greatest traffic ever experienced at the local exchange.
    As the tremendous load began to sweep over chief operator Clarita Bernert and her girls, manager Hammond called radio station KMED and asked that a request be broadcast for all to limit telephone use to strictly business as the police and newspapers were being handicapped in use of wire facilities due to the flood of calls.
    One telephone operator, Mrs. Ada Thornell, who was enjoying her day off duty, had just ordered her lunch at Groceteria No. 2, near the telephone exchange, when she heard the radio in the store broadcasting manager Hammond's appeal. Mrs. Thornell immediately dashed for the telephone office next door, leaving her lunch untasted on the table, and joining in helping keep the telephone subscribers pacified.
    Another interesting feature of the emergency, according to manager Hammond, was the extraordinarily long conversations indulged in by persons who succeeded in getting their connection. This long use of lines, mainly in discussion of recent events here, was the underlying cause of the number of "line is busy" reports given out by the operators as they answered the calls.
Medford Mail Tribune, March 17, 1933, page 6


    It will be surprising if L. A. Banks, slayer of a city officer at Medford, does not set up a defense of insanity. He has long been acting insanely. It is a great pity he could not have been confined some time ago. Murder would thus have been averted and a human life saved.
    Banks had openly threatened resistance to any officers of the law who might seek to arrest him. He had openly threatened to take the field in revolution against established authority. It was known that he went armed. Some among his deluded supporters had gone armed also. All these circumstances must set up a presumption of premeditation against the slayer. It is difficult to see how any jury can fail to convict him of murder in the first degree or any court fail to impose the extreme penalty unless insanity shall be proved.
    There never was a more flagrant exhibition of prostitution of the press than that given by Banks. He used his newspaper to inflame the minds of hillbillies and other simple folks against constituted authority on grounds almost wholly fanciful and fantastic. His own affairs had been going badly for several years, and he had worked himself into a rage against society over it. He indulged in long daily diatribes in his newspaper. He harangued simpletons who would listen until he made them think he was a martyr and that they were being martyred with him. We made them think the courts and officers of the law could be defied with impunity. Some of his followers were mere sick opportunists, but most of them were sincerely deluded.
    Now there is the climax of murder--committed by Banks. It ought to sober those among his followers who are sincere, and serve as a warning to the others. Such a tragedy ought to show them where they were being led. If Banks and his followers have been contending for anything that matters, that fact does not appear to the neutral informed view. Certainly nothing they have contended for was worth the sacrifice of a human life. The only comfort to be taken from that development is that it will probably mark the beginning of the end of lawlessness in the name of Banksism in Jackson County.
    "We have now come to that great showdown where blood is liable to be spilled."
    This was the warning issued by L. A. Banks on February 2, while he was publisher of the Medford Daily News--the medium which was used for a period of two years to destroy the peace of Jackson County, to incite men and women to distrust and hatred of their neighbors--and to create in Jackson County an unrest which was climaxed today by the bloodshed which Banks threatened.
    "Unless justice is restored, I will take the field in revolution," Banks declared on March 6 at a meeting of the so-called Good Government Congress.
    And today George Prescott, one of the finest officers Jackson County has ever known, lies dead. His blood was spilled by the fiendish creature who preached a doctrine of hatred which has brought to Jackson County a disturbing internal strife which it will require years to eliminate.
    L. A. Banks, preacher of a doctrine of hatred, suspicion and mob rule, who ran rampant in Jackson County for these two years, today has climaxed his activities in Jackson County by becoming a killer.
    There is so much that could be said--and yet words are so inadequate. It seems that the internal strife which has done our county such unmeasurable damage could not be settled without this bloodshed. Indifference of the public, or a tendency to sympathize with the chronic complaints of Banks while he edited the Medford Daily News, enabled him to gain power. We should have learned our lesson.
    At last human blood has been shed in the widespread feud in good old Jackson County.
    Scarcely anything can be more regrettable than the strong play of human passion that for weeks has divided the folks in that splendid district, which nature has so generously endowed. The regret is accentuated by the known high standards of the people whom circumstances and local differences have separated into two hostile camps.
    The valleys and streams and mountains and scenic beauty of Jackson County are Nature in her best. Sightly old Jacksonville is the center of one of earth's noblest nature pictures, and has history and traditions to match those of any of the pioneer vantage points of the great West with its last frontiers.
    And in and about Medford and Ashland are scenic wonders, a magnificent outdoors with all the lures and attractions that go with game and trout and salmon streams; and climaxing it all there are culture and hospitality and high human standards seldom matched.
    And there is in this delightful county a golden story of history, of precious metals and mining and Indians and pioneers that out-romances in actual happenings the storied romances of fiction. To the eye, the famous Table Rocks, visible in the distance, and the mountains in the far environs are a setting that picture to the mind the golden deposits beneath the surface, including actual gold mining under the streets of Jacksonville.
    In that wonderland of beauty and splendid people and golden history and honorable past may peace return and bitterness vanish and the late past be forgotten and happy days come back.
Medford Mail Tribune, March 17, 1933, page 8


    To the home of Mrs. George J. Prescott, whose condition has been described as very critical since the premeditated and brutal slaying of her husband by L. A. Banks Thursday, the body of Officer Prescott was taken yesterday afternoon.
    Unable to leave her bed, the stricken widow asked that a short home service be allowed for the Medford constable, for whom public funeral rites will be conducted at the armory this afternoon. The request was granted.
    Members of the Medford  police force, closely associated with "George" for many years, acted as pallbearers. A few immediate friends joined a daughter and two sons at the bedside of Mrs. Prescott, while Rev. W. J. Howell delivered a short sermon. An attending physician stood nearby to administer aid to the failing woman. A few words were said. The casket opened, then closed. And the man, whose heroic service to this community came to a tragic end Thursday with the firing of a rifle, loaded and waiting for him, went out to his house for the last time.
Medford Mail Tribune, March 19, 1933, page 1


    George Prescott should long be remembered for the kindly manner in which he executed his official duties. He was modest, quiet and assuming. If he had a process to serve he served it in a gentlemanly manner. He took no pleasure out of the misery of the unfortunate.
    He had been for years a juvenile officer under Judge Ben B. Lindsey, while Judge Lindsey was at the head of the juvenile and family court at Denver. It was Prescott's duty to handle the unfortunate and erring youth whom Lindsey especially sought to help. Yet Prescott served for years in police duty in this city, without this previous service being generally known.
    By training and nature he was always the friend of youth. Frequently when boys were brought into the police station here he handled their cases himself, and for their best interests. When they were deserving he found them employment, if it could be had. He took a great interest in the high school games. He commissioned some of the high school boys on police duty to maintain order, and through this cooperation performed a great public service.
    During this depression he was directed to keep the unemployed strangers moving, and while he endeavored to perform this duty, he nevertheless found quarters for these unfortunate people, and made it his business to raise funds by the sale of tickets entitling them to meals at the kitchen that he had helped to create for the purpose of feeding these people.
    He had a splendid blend of those qualities which make a real human being, and in his quiet, inoffensive way he performed the duties of his office fearlessly and efficiently--the community will want ALL to know that these services were appreciated--E.R.A.
Medford Mail Tribune, March 19, 1933, page 4


    The grand jury, hearing evidence upon which the district attorney's office seeks first degree murder indictments against L. A. Banks, agitator and slayer of Constable George J. Prescott, his wife, Edith R. Banks, and E. A. Fleming, Jacksonville orchardist, adjourned Friday afternoon until Monday morning, to permit the assembling of more evidence.
    Banks, in a cell in the Josephine County jail, continued to maintain his defiant attitude, and to claim justification, maintaining that "he shot in defense of his home." He is confined in a cell by himself, under guard, and has no visitors, except his lawyers, T. J. Enright and H. Von Schmalz. His keepers say Banks has expressed no regret for his bloody act.
    No inkling has been given as to what defense Banks will offer.
    It was reported from Grants Pass that Banks planned to leave the matter of defense "up to Mrs. Banks," and endeavor to shift the blame to her shoulders. The fatal shot was fired with Mrs. Banks as a cover, when she opened the door. Photographs of the murder scene show that Banks stood at least 10 feet behind his mate, out of range, and that he was a good shot, aiming through a narrow opening in the door. The authorities point out that Banks, characteristically, "took no more chances than he had to," and exercised his usual cunning.
    E. A. Fleming of Jacksonville, arrested at the home of Banks after the murder, where he was "in conference," and armed, was removed to the Josephine County jail Friday. His arrest was a shock to his kin, who have tried to restrain him from taking an active part in the turmoil. Fleming signed Banks' bond when the first criminal libel action was filed against the editor. Relatives the following day served notice on the court that his signature was not binding and that property was not in his name.
    Fleming, in the Klan uprising of 1922, was one of the leaders in the Jacksonville district. His incarceration on the murder charge stunned him.
    Mrs. Banks, detained in the county jail, retained her composure, and accepted her predicament calmly. She had a short conference with her lawyers Friday afternoon, and was visited by her daughter. She has had no visitors other than these.
    The authorities report that no word has been heard from Banks' brother, a resident of Oakland, Calif. Banks boasted that his "brother was a millionaire," and would see that he was well represented by attorneys.
    Officials have taken cognizance of Banks' writings in the past, and noted his printed threats, including: "The time has come for the great showdown. Blood will flow," and his almost constant claims of innocence, when accused of no crime.
    The files of the newspaper he printed show that since early last December he began stressing "innocence of wrongdoing" and "frame-up" in his writings. The authorities hint he was artfully building a defense against a day of reckoning. It is also claimed that ardent followers are now spreading the propaganda that "Banks was driven crazy" and "was hounded."
    Practically all upstate papers commented widely on the tragedy. The general trend was that the murder was the natural climax of months of vicious agitation and that Banks will "employ the insanity dodge to save his neck."
Medford Mail Tribune, March 19, 1933, page 5


    L. A. Banks, who rolled into Medford for the first time from the south in about the year 1925 in a flashy Cadillac car, bringing promises, in the California manner, of unlimited prosperity for the fruit industry of the Rogue River Valley; pear crops, oblivious to frosts, and millions to be brought from the land--left Thursday to occupy a cell in the Josephine County jail. Police sirens screamed through the city to mark his departure. With guards to the right and the left of him he was transported to Grants Pass before enraged citizens could do him harm.
    Charged with murder in the first degree for the slaying of Constable George Prescott, he remains in the Josephine County jail today.
    Records in the Jackson County clerk's office show that during the years he has lived or held properties in Medford, he has become involved in 31 civil cases and that four criminal charges have been brought against him.
    It was during the "good years" that Banks came to Medford. Everybody was prospering. He bought extensive lands, paying a little down, giving mortgages for the remainder. Always immaculately clad, he inspired colorful stories of his greatness. The number of suits in his closet was listed at 40, all tailor-made. None
priced at less than $100.
    Pictures of his "palatial" home in Riverside, Cal. and his home in Medford were carried in the newspapers. Frequent interviews on the fruit situation, the futility of smudging and other reactionary ideas of the newcomer were published. Banks still divided his time between California and the Rogue River Valley.
    About 1921 one of his first known appearances in the court resulted from a disagreement with the United States government over spray residue. The case was tried in the United States court in Illinois. Banks was defeated.
    In 1929 he bought himself a newspaper to acquire more space, according to the story, for the advancement of his own ideas for the promotion of property interests in the Rogue River Valley.
    The first issues of the Medford Daily News carried optimistic stories of the agricultural outlook. Guests were invited to visit the plant on West Main Street, which boasted of mahogany furnishings. Gradually a vein of condemnation began to ooze through the lines of the newspaper. An attack was started against the Farmers' Exchange Cooperative. Employees of the newspaper were informed that their goal was to destroy that business. They were sent out into the country for stories, always with instructions not to publish anything favorable.
    Other concerns were soon added to the list of "condemned" in Banks' newspaper. A complete turnover of staff was reported at the newspaper, to be followed by other "housecleanings." Business houses, the merchants' association, the ministerial association, state officers, the American Legion, county officers, the circuit court, the supreme court, the Elks lodge, the Granges, the chamber of commerce and the bar association were reviled.
    In 1930 in the midst of his campaign against practically all existing institutions he announced his candidacy for the United States Senate, opposing Senator McNary. He met with overwhelming defeat. In an answer to the News Publishing Company in the recent suit for recovery of the newspaper, he claimed that up to July 1, 1930, he was a resident of California. It was eight days after that date that he filed his acceptance as a candidate for the Senate. According to the Oregon law six months is the period of time required to qualify for citizenship.
    Following his defeat in the senatorial race, the barrage of criticism continued. Suit after suit was filed against him in the local courts for collection of money. Then came active participation in local politics. Banks joined with Fehl, who was elected county judge. He supported Gordon L. Schermerhorn in the primaries as sheriff candidate but threw him over in the general election to support an independent candidate, Lowell Zundell. Schermerhorn was elected and received his approval. Phil Lowd was highly recommended as a deputy sheriff, but when he served necessary summons against Banks he was condemned in his newspaper, and Ralph Jennings, bitterly opposed by Banks, described as a good sheriff. The barrage of criticism as court cases became more plentiful centered on the district attorney and other county officials.
    The Good Government Congress was organized to protest against the officials. Banks was made honorary president.
    When attorney Gus Newbury finally brought the News Publishing Company case into court, after repeated delays on the part of Banks, the latter armed himself with two revolvers, according to his former counsel, M. O. Wilkins, and declared, "Now bring on Gus Newbury."
    The newspaper was returned to the original owners less than four years after purchased by Banks. Without the newspaper through which to talk he continued his protests through the Good Government Congress, bringing out a weekly newspaper at the Pacific Record Herald plant.
    Thursday to serve a warrant issued on a grand jury indictment, involving Banks in the theft of ballots from the court house vaults, Officer Prescott called at his home. He was shot and killed. Less than four years after he came to Medford to make his home, Banks left Medford for a jail cell, his arrest on a murder charge bringing a gruesome climax to his stormy period of citizenship here.
Medford Mail Tribune, March 19, 1933, page 7


    The authorities today denied the report that a large sum of money was found upon either L. A. Banks, slayer and agitator, or Edith R. Banks, his wife, when searched following their arrest last Thursday for the murder of Constable Prescott.
    State police said that when searched in the Josephine County jail, Banks "had a couple of dollars in his pockets," which he sent back to his wife. Mrs. Banks, the authorities said, was searched by the county jail matron. She had a "couple of bills in her purse."
    A legend among Banks followers has been that he carried a large sum of money in a money belt about his waist.
    The jail register, which Banks and Mrs. Banks both signed, also shows that neither had any large sum of money. They also signed the property book.
Medford Mail Tribune, March 20, 1933, page 1


    Heads were bowed in sorrow and respect Sunday afternoon as more than four thousand citizens of Jackson County gathered at the Medford armory to pay their final respects to Constable George J. Prescott, shot down Thursday morning by Llewellyn A. Banks, orchardist-editor, on the front porch of the Banks home when serving papers in the execution of his duty. It was said to be the largest funeral ever held in Medford.
    The armory, which has a seating capacity of three thousand, had every chair occupied, and Legionnaires and others from points throughout the county stood in long lines at each side of the hall. All standing room was taken, and several hundred left the building when unable to get seats.
    Reverend William J. Howell, pastor of the First Presbyterian church, opened the services with prayer, and an octette from the Gleemen sang two numbers under the direction of Sebastian Apollo.
    The Reverend Howell spoke briefly, telling of the fine character and sterling qualities of the peace officer, who had won thousands of friends during his many years in office here. Appropriateness of the services being held in the armory--a structure built in memory of the brave--was mentioned.
    An American flag the size of the stage formed a background for the platform, and lovely floral arrangements were banked about the casket.
    At the close of the service, the members of the I.O.O.F. lodge, of which Officer Prescott was a prominent worker, formed a long aisle from the armory to the hearse over a block away. Rebekahs stood behind them. State police, who marched in a body, stood at salute as the casket passed.
    Acting as pallbearers were the six city police officers with whom Mr. Prescott had served. They were Chief of Police Clatous McCredie, Lou Bloom, William Peck, Joe Cave, J. H. Liggett. and Ray Sloneker.
    The procession, which City Traffic Officer Thomas H. Robinson led on his motorcycle, was followed by the Elks band. Legionnaires and lodge members were also in the cortege, made up of 114 automobiles.
    Members of the city fire department and volunteer firemen were stationed on each street corner from the armory to the I.O.O.F. cemetery, where final rites were conducted by the order. The sidewalks to the edge of the city were lined with citizens.
    Medford's city council attended the services in a body, and officials and deputies from the county court house were also present.
    Out-of-town people here for the rites included George Alexander of Salem, assistant superintendent of the Oregon State Police; James Manuel, chief of police, Grants Pass; Lee I. Moon of Ashland, federal prohibition investigator, and District Attorney and Mrs. W. T. Miller of Grants Pass. Charles P. Pray, superintendent of the Oregon State Police, left the capitol for Medford, but urgent duties in the north called him back.
    Members of the Prescott family were in attendance, with the exception of Mrs. Prescott, seriously ill at her home.
Medford Mail Tribune, March 20, 1933, page 1


    The grand jury convened again this afternoon to consider first degree murder charges against L. A. Banks, agitator and former editor and orchardist, his wife, Edith R. Banks, and E. A. Fleming, Jacksonville orchardist, for the ambush slaying of Constable George J. Prescott last Thursday morning while at the Banks home to serve a warrant.
    Assistant Attorney General William S. Levens, named by the governor as special prosecutor of the murder and criminal syndicalism cases, spent yesterday and this morning going over the evidence and confessions collected in the murder and various other cases. He was assisted by the district attorney's office and state police who have assembled what is characterized as "an air-tight case."
    The grand jury was reported as finding two indictments yesterday in cases connected with the murder. They will be presented to the circuit court tomorrow, when Circuit Judge W. M. Duncan is expected to return to the bench here. The grand jury is expected to be in session for a considerable length of time investigating the large amount of matter in the restoration of peace in Jackson County.
    Banks is still confined in the county jail at Grants Pass and maintains his defiant attitude, without a sign of regret or remorse. He is reported as spending his time justifying his crime to his jailmates and guards, and reading. The state will contend that his act was premeditated. Evidence has been found tending to show that Banks expected a rush of followers to his house following the killing.
    The evening previous he issued his weekly paper, in which he attacked the state police and belittled the expected indictments for ballot robbery. The sheet also urged that all "Good Government Congress" members be present at the trial of Henrietta B. Martin the morning of the murder. In accordance with this plea, the courthouse corridors were crowded. At the time, it had been announced, published and broadcast that the trial of Mrs. Martin would not be held until after the pressure of business in the district attorney's office had slackened.
    Many rushed to the Banks home when the murder became known, but the horror of it caused most of his followers to express revulsion, and denounce him bitterly. They left for their homes, and many realized they had been made dupes by a crafty and cunning disturber.
    The state also has the names of visitors to the Banks home for three or four evenings before the killing. Six or eight cars were parked at the home on these occasions.
    The authorities reported that Mrs. Banks was making an effort to secure a Portland or San Francisco lawyer to defend them. Mrs. Banks Monday sent a telegram to an acquaintance in Salem, asking that he recommend an attorney. Attorneys Enright of this city, and H. Von Schmalz of Burns, have been representing the pair to date.
    So far the brothers of Banks, and relatives of his wife, in California have not come forward with legal aid, according to officials. One of his brothers lives in Oakland, Calif., the other in Los Angeles. Banks claimed both were millionaires. The authorities report they are substantial, law-abiding citizens of moderate means, and highly respected in their communities.
    Of the three held on information charging first degree murder, E. A. Fleming of Jacksonville alone has shown signs of sorrow, and a deep realization of the seriousness of the crime he faces. Fleming's family vainly used every means in their power to induce him to cease relations with Banks. When Fleming signed the first bond for Banks, on a criminal libel indictment, relatives notified the court that his surety was invalid, as no property was in his name.
Medford Mail Tribune, March 22, 1933, page 1


    The home of L. A. Banks, scene of the murder of Constable George J. Prescott last Thursday, and held under a coroner's guard since then, was formally turned back to Mrs. Edith R. Banks late yesterday. The home was placed under guard for the safekeeping of evidence.
    The home is under a mortgage for $4500, for which the Medford National Bank recently filed suit for foreclosure.
    A petition for the guardianship of Ruth Mae Banks, 12, daughter of the accused pair, was filed March 14. The document was first filed the Saturday before the bank holiday was called, and its filing was delayed. Mrs. Edith R. Banks is named guardian.
    The bonds were ordered corrected this morning in an order signed by the probate court. Some slight legal inadvertence existed.
    Mrs. Banks is still confined in the county jail without bonds. She requested to be taken to the house, and it was denied.
Medford Mail Tribune, March 22, 1933, page 1


    Llewellyn A. Banks, agitator, former editor and orchardist, and his wife, Edith R. Banks, in a joint indictment returned this noon by the grand jury, are charged with first degree murder for the slaying of Constable George J. Prescott on the morning of March 16, while the officer was in the act of serving a warrant upon Banks for indictment as one of the Jackson County ballot thieves
    The full text of the indictment read as follows:
    "Then and there being, and then and there acting together, did then and there unlawfully and feloniously, purposely and of deliberate and premeditated malice, kill one George J. Prescott by then and there shooting him, the said George J. Prescott, with a rifle loaded with powder and bullets, which said rifle he, the said Llewellyn A. Banks, then and there had and held in his hands."
    No action was taken at this time relative to E. A. Fleming, Jacksonville orchardist, arrested while attempting to flee the murder scene by the back door. It is understood that the grand jury will consider his case soon.
    Fleming, who has been held in the Josephine County jail the past week, was lodged in the county jail here late yesterday. He was described by jail attendants as in a high state of nervousness, worn from worry and losing weight rapidly.
    Time for the arraignment for pleading of Banks and his wife on the first degree murder indictment has not been set, but will be at an early date, officials indicated. Under the first degree murder charge, they are not subject to bail. Banks is held in the Josephine County jail at Grants Pass; Mrs. Banks in the jail here.
    The indictments were returned at the noon hour, after the adjournment of the Schermerhorn ouster proceedings, and received by the court. Three women spectators, including Mrs. C. H. Brown. mother of Henrietta B. Martin, eating their lunch in the courtroom; two men spectators and court attendants were the only persons present. The indictments were presented and received by Circuit Judge Duncan.
    At the same time, indictments charging Mrs. Henrietta B. Martin, president of the "Good Government Congress," her father, C. H. Brown, secretary of the organization, and L. O. VanWegen and L. E. Fitch with "riotous conduct and disturbing the peace" were returned. The indictment grew out of Mrs. Martin's attempt to buggy-whip Leonard Hall, editor of the Jacksonville Miner, on Saturday, March 4, when she took the law into her own hands to gain redress for an article published in Hall's paper. Fitch and VanWegen are alleged to have attempted to hold Hall, and Brown, her father, to have purchased the buggy whip.
    [omission] of "slandering a bank," as the result of an article published in the Pacific Record Herald, a weekly formerly published by Earl H. Fehl, in which Brown charged over his signature that money had been removed from the Farmers and Fruitgrowers Bank of this city, contrary to the bank moratorium regulations. The charge was afterward completely refuted and definitely proven false and unfounded.
    Bonds in the buggy-whipping case were fixed at $5000; in the bank slander case at $1500.
    The first degree murder indictment against Banks and his wife were generally regarded as a foregone conclusion, and they were presented in court during a lull in the proceedings to prevent any "courtroom dramatics." Few outside of official circles knew they were to be returned today.
    Following the presentment of the indictments, the court recessed the grand jury, subject to the further call of the district attorney's office and Assistant Attorney General William S. Levens.
    Proceedings in the indictment against Banks and his wife will be held as fast as legal procedure will permit. It has been indicated that the murder charge will be given the right of way over other criminal matters, and that the ballot theft indictments will come second. These are regarded as the most vital matters.
    Banks, in his Josephine County jail cell, was reported today as still defiant, and assuming the role of martyrdom. He is under close guard, and smokes cigarettes incessantly. Mrs. Banks was reported as irritable, but calm and confident.
Medford Mail Tribune, March 24, 1933, page 1


    Her face wreathed in great clouds of smoke from her own cigarettes, Henrietta B. Martin, president of the Good Government Congress, indicted by the grand jury for criminal syndicalism, remains decidedly cheerful in her cell in the Jackson County jail today, her jailers reported this afternoon.
    She buys her own and smokes her own, they stated, and has received few callers. Although repeated requests of her followers to visit at her cell have been denied, Mrs. Martin continues gay. Her mother, Mrs. C. H. Brown, has called frequently, but her husband, R. A. Martin, if at all, unidentified [sic].
    And while she in her gay pose smokes like a "miniature Vesuvius," L. A. Banks, honorary president of the congress, wreathes his face in a similar barrage in the Josephine County jail at Grants Pass, where he is the last member of the Jackson County group to be retained.
    E. A. Fleming, charged with him with murder in the first degree for the slaying of Constable Prescott, has been moved to Medford. T. L. Brecheen and C. W. Davis, indicted for the ballot theft, were brought to the local jail several days ago.
    The expenses of prisoners incarcerated in Grants Pass will be borne by Jackson County, and authorities are expected to transport Banks, also, to Jackson County's jail this week.
    His chief requests, as reported in Grants Pass, are for more cigarettes. He smokes constantly, the jailers report, while outside the jail strict supervision of traffic and parking is maintained to prevent cars being left near the jail, which houses a killer.
    Banks' attitude regarding the slaying of the officer remains calm and determined as he blows his smoke rings. He is by no means "downcast" by his imprisonment or the death of the Jackson County officer.
    Mrs. Banks, who sheltered him in the doorway when the fatal bullet was fired from Banks' rifle, was also calm today, following nervous disorders of yesterday, jailers stated. She was attended by Dr. F. G. Swedenburg of Ashland Thursday and had regained her composure this morning. Like Mrs. Martin, she is alone in her cell and communicates with few persons except her attorneys. Although strong in her determination to carry on her husband's fight in this county, as she told interviewers, she does not exhibit the gaiety that is Mrs. Martin's.
Medford Mail Tribune, March 24, 1933, page 9


    Letter from a brother of L. A. Banks, indicted for murder in the first degree for the slaying March 16 of Constable George Prescott was received yesterday by Chief of Police Clatous McCredie, from Wakeman, Ohio.
    The brother, Clarence C. Banks, for 25 years a police officer in Cleveland, Ohio, wrote for full details regarding the trouble in which Banks is involved. He stated that he had learned of the tragedy through the Plain Dealer and felt that the chief of police would know the truth of the whole case.
    He further stated that he was shocked at receipt of the news through the press and would not rest until details were learned. The letter was the first word from a relative of the accused man, known received here.
Medford Mail Tribune, March 26, 1933, page 1


    Initial steps have been taken by Mrs. Edith R. Banks, jointly indicted with her husband, L. A. Banks, former agitator, editor, and orchardist, for first degree murder for the slaying of Constable George J. Prescott, Thursday morning, March 16, while attempting to serve a warrant for Banks' arrest as a ballot thief, to retain Joseph Hammersly of Portland as attorney to conduct the defense.
    Attorney Hammersly, formerly a resident of Gold Hill and a member of a pioneer Southern Oregon family, was in the city Friday and yesterday, conferring with the accused pair. Hammersly is a former deputy prosecutor for Multnomah County. He is reported to have been recommended by a high state official, to whom Mrs. Banks last Monday sent a telegram seeking suggestions. The name of the state official is said to have been State Treasurer Rufus C. Holman, now en route to old Mexico, and the center of an upstate political storm.
    Banks' brother, a realtor of Los Angeles and an attorney from that city, are now reported en route. Definite word relative to the retention of attorney Hammersly is expected, soon after a family conference.
    Attorneys T. J. Enright and H. Von Schmalz of Burns, counsel for County Judge Fehl, and several others indicted for ballot stealing, have been acting as counsel for Banks and his wife. Attorney Von Schmalz said that Banks' brother and attorney were expected to arrive late yesterday, and confirmed Mrs. Banks' statement that additional counsel would be employed, "and would be welcomed."
    The state now claims to have a complete picture of what happened in the Banks home for an hour before the wanton slaying of Constable Prescott, and that neighbors and pedestrians gave testimony relative to the arrival and departure of persons and autos at the murder scene, over a "rather long period."
    The grand jury, which is scheduled to meet again this week, for further consideration of testimony in the county turmoil, is expected to take further action in the case of E. A. Fleming of Jacksonville, orchardist, who was in the Banks home at the time of the killing, and was arrested when he attempted to flee by the back door. Fleming is also one of the men indicted in the ballot theft cases. His family for several weeks endeavored to keep him from becoming embroiled in the "good government congress activities," without success. He was an active worker and talker in the ranks.
    No time has been set for the arraignment and pleading of Banks and his wife to the first degree murder charge. It is not likely to come to pass until after their attorneys have had a chance to study the case, and prepare necessary legal papers. It is not likely that the district attorney's office will be ready to proceed until the grand jury has completed most of its work. Both sides have expressed a desire for an early trial.
    State police continue to collect evidence in the murder and allied crimes. They are checking back on the past of several of the men accused. The authorities refuse to deny or confirm the report "they have plenty of confessions, and the whole story."
Medford Mail Tribune, March 26, 1933, page 1


    Llewellyn A. Banks, ex-editor and orchardist, jointly indicted with his wife Edith R. Banks for first degree murder for the slaying of Constable George J. Prescott on the morning of March 16 last, was lodged in the county jail here shortly after 11 o'clock this morning.
    The accused slayer was brought from Josephine County jail at Grants Pass, heavily manacled and under a state police guard. He was taken there on the day of the murder.
    Banks occupies a cell in the county jail almost directly over the court house steps from where he preached agitation and threatened revolution in "protest meetings." He has no cellmate. The cell is large and commodious, but with no areaway in the rear. The only means of communication is through the door window.
    No undue excitement accompanied Banks' return here. Few knew he was coming. Jailers said he was cool and normal and smoking the inevitable cigarette when marched into the jail reception lobby. A regulation search was made and Banks placed in his cell. He saw no one but his keepers. His cell is away from the department where former aides accused of ballot robbery and criminal syndicalism are kept.
    His wife, who has not seen him since the murder, and Mrs. Henrietta B. Martin, president of the "Good Government Congress" and chief aide, occupy cells in the women's ward a considerable distance away.
    Banks, his wife, and brother W. A. Banks and attorneys expect to hold a family conference this afternoon. W. A. Banks told authorities that he would have to return at once to his business in California. At the conference it is expected counsel will be formally retained. Attorneys T. J. Enright and H. Von Schmalz have been representing the Banks to date. Joseph Hammersly of Portland and Glen R. Jack of Oregon City are upstate lawyers here. Jack, according to Oregon City Information, came here Saturday afternoon by plane in response to a telephone call.
    State police report that Banks on the trip from Grants Pass had little to say, but discussed the weather and other casual subjects with officers. He was whisked into this city by the Pacific Highway and down Main Street to the court house. The state police followed the most direct route.
    Arraignment of Banks and wife and other indicted men for ballot theft is not expected until next week. There will be no judge on the local bench until next week.
    The grand jury resumed sessions this morning and will probably be in session the entire week, probing other angles to the Prescott murder, the ballot robbery and the criminal syndicalism charges.
    E. A. Fleming, Jacksonville orchardist held in the county jail on an information charging first degree murder for the slaying of Constable Prescott, is worried and has lost considerable weight. Fleming is also under indictment, reports say, for ballot stealing. Courthouse report said he would be called before the grand jury some time this week. Fleming, who was at the Banks home when the slaying occurred, was arrested when he attempted to flee by the back door. His family had vainly endeavored to keep him from the activities of the "Good Government Congress."
    Claude Ward, brother-in-law of Banks, indicted as one of the ballot stealers, is seriously ill at his home, it was reported this morning. He will not be arrested until his health in fully recovered. Ward is the only indicted man not in jail, or at liberty on bonds.
    J. F. Wortman, named receiver for the Suncrest Orchards, Inc., one of the Banks orchard holdings, has assumed charge. The Medford National Bank holds a $4500 mortgage against it, in process of foreclosure. A similar legal action is under way against the Banks home, where the Prescott murder took place.
    No further action has been taken in the affidavit of prejudice filed against Judge W. M. Duncan by County Judge E. H. Fehl.
    It automatically delayed the arraigning of Fehl to enter a plea. Last week Fehl filed a motion to quash the indictment against him, on the grounds that Judge Duncan had no authority to receive the indictment, and that the grand jury did not hold its sessions in the regular grand jury room.
    Fehl contends that Judge Duncan was assigned here February 7, to hear the case of O. B. Waddell against L. A. Banks. The supreme court order directs him to hear this case, "and all other business of a judicial nature that may come before him, until further notice."
    The district attorney's office holds that the indictment against Fehl is legal and valid, and the room in which it was prepared has no effect upon its legality or validity.
Medford Mail Tribune, March 27, 1933, page 1


    W. A. Banks of Tujunga, Cal., brother of Llewellyn A. Banks, who faces a first degree murder indictment for shooting Constable George J. Prescott March 16, was a visitor at the Grants Pass and Medford jails Sunday, calling on his brother and Mrs. Banks, jointly indicted with her husband.
    The Californian, accompanied by John A. H. Sturgeon of Monrovia, said he had no statement to make concerning the defense or counsel for L. A. Banks, and that they were here to find out the details of the case.
    Mr. Banks said he found his brother in "high spirits" in the Josephine County jail, and said his only hope was that L. A. Banks would be able to hold up until after the trial. The two men stated they did not plan to remain here for any length of time, but would probably decide on the attorneys to represent Mr. and Mrs. Banks before leaving.
    W. A. Banks last saw his brother two years ago, on a trip south, he said Sunday, and hius visit yesterday revealed that the local man's health did not seem as good, he stated. Mr. Sturgeon said that Banks had been receiving excellent care in the Grants Pass jail.
    The Tujunga man received first reports of the murder the afternoon of March 16 over the radio. He said he had not had time to communicate with his brother, Clarence C., who resides in Wakeman, Ohio. He also has a sister living in Cleveland.
Medford Mail Tribune, March 27, 1933, page 3


    L. A. Banks, agitator, ex-editor and orchardist, and his wife, Edith R. Banks, charged with first degree murder for the slaying of Constable George J. Prescott March 16, were arraigned before Circuit Judge W. M. Duncan this morning. The husband and wife were given until Monday, April 10, to enter a plea.
    The accused pair were represented in court by attorney T. J. Enright of this city and Judge Sturgeon of Los Angeles, Calif., who came here Sunday with W. A. Banks, brother of the accused. The state was represented by Assistant Attorney General William S. Levens. The entire proceedings took less than ten minutes.
    The state indicated that it would desire an early trial, "but without undue haste."
    The arraignment took place in the same court house where Banks, acting as his own attorney in a civil action a month ago, left in a huff after vigorous thumping of a table. Then the courtroom was packed with sympathizers. Today there was only a handful of people in attendance, including a number of state policemen.
    Banks wore a dark striped suit, and was calm and silent. He has lost weight since his incarceration. He was escorted to and from his cell by state policemen and chief jailer Fred Kelly.
    Mrs. Banks, dressed entirely in black, stood by her husband's side and betrayed no nervousness. She was in the custody of the matron. Neither spoke to their attorneys.
    While no definite announcement is yet forthcoming, it is expected that the trials of the ballot stealing defendants will be called within the month, barring legal delays.
    It is the intention to arraign all the defendants in the ballot thievery this week, including Arthur LaDieu, Walter J. Jones, mayor of Rogue River, Sheriff Gordon L. Schermerhorn and County Judge E. H. Fehl. Fehl has filed an affidavit of prejudice against Judge Duncan. A new judge will be assigned here to hear his plea, it is thought. The above are at liberty on bonds.
Medford Mail Tribune, March 28, 1933, page 1


    Suit for a temporary receivership, and collection of $15,400 allegedly due, against the Suncrest Orchards, Inc., of which L. A. Banks is president and manager, is sought in a suit filled in circuit court this afternoon. Halbert S. Deuel of this city is named as temporary receiver.
    The suit is also directed against Blake, Moffitt & Towne, the Carlton Nursery Co., the State Industrial Accident Commission, E. C. Corn, O. B. Waddell, the Medford National Bank, Miller-Sanford Tractor Co., J. E. Lester and William Berthold Barnum, creditors who have received or have instituted judgment proceedings. 
    The suit asks that a receiver be appointed to protect the orchard properties and make them ready for the 1933 crop, and further recites that L. A. Banks is in jail, charged with an unbailable offense, and is insolvent and unable to meet obligations.
    The complaint asks that the properties be sold at foreclosure, and that the claim of the First National Bank be first, with the other claims secondary in payment.
    Four years' back taxes upon the orchard properties amounting to $6.524.19 are also alleged due and collectible.
    The suit is instituted to protect the rights of creditors, and to continue the orchard business until disposed of according to Oregon law.
Medford Mail Tribune, March 28, 1933, page 7

    Five men, of the twenty-one indicted for the theft of ballots from the courthouse vaults February 20, all active members of the Good Government Congress, pleaded guilty before Circuit Judge W. M. Duncan, Tuesday.
    They are C. Jean Conner,  vice-president of the congress, arrested in an abandoned mine shaft near Gold Hill two weeks ago; Wesley McKitrick, alleged guard of L. A. Banks, slayer of Constable George Prescott; R. C. Cummings of Wimer; Wilbur and Mason Sexton, brothers, the first arrested in the ballot case, and known as "courthouse boarders."
    It is expected that others indicted will also plead guilty. It is understood that sentence will not be passed until all have come to trial.
    L. A. Banks and Mrs. Banks were arraigned before Judge Duncan Tuesday in connection with the murder of Constable Prescott. Only a small group was present, the time of the hearing not having been made public to prevent unnecessary disturbance. They were given until April 10 to enter their pleas on the case.
    Attorneys Joseph L. Hammersly of Portland, brother of John Hammersly of Gold Hill, and a former resident of the city, will defend the Banks, aided by attorneys Phipps and Enright of Medford. A brother, W. A. Banks of Tujunga, California, came this week and will aid his brother during the trial.
    Banks is one of the 21 indicted in the ballot case, also.
    Sensational evidence in the ballot theft was brought out last week during the hearing of the plea to remove Sheriff Gordon L. Schermerhorn from office. Officials also admitted that at least a dozen signed confessions had been secured.
    Details of what happened the night the ballots were taken continue to come to light. Latest disclosures are that cheers of the Good Government Congress group,
in a meeting at the courthouse that night, drowned the noise made when the window was broken through which the thieves gained entrance.
    It is said that L. A. Banks was making a speech, and as he made an especially sensational statement, leaders of the applause group stamped their feet and cheered. At the same time a Ford car was started back of the courthouse and the combined din drowned the sound of the breaking glass.
    In another speech made later, Mr. Banks raised aloft his fountain pen with a match stuck under the clip, forming a crude cross. Although those not "on the inside" wondered why this caused so much commotion, it has been revealed that it was a prearranged signal indicating that the ballot stealing was in progress.
Gold Hill News, March 30, 1933, page 1


    Suit was filed this afternoon in justice court by J. A. (Arthur) LaDieu against L. A. Banks, for $250, allegedly due for wages while acting as business manager of the News when the morning paper was under tis control of Banks.
    A writ of attachment, with Electa A. Fehl as surety, accompanied the complaint. The writ did not specify what was to be attached.
    LaDieu is under indictment for ballot theft and at liberty on $7500 bonds furnished by Prof. C. Engelhardt, Mrs. Clara Ribley Smith and Mrs A. Pinne.
Medford Mail Tribune, March 31, 1933, page 1


    L. A. Banks, agitator, ex-editor and orchardist, held with his wife, Edith R. Banks, on a joint indictment charging first degree murder for the slaying of Constable George J. Prescott on the morning of March 16th, spends most of his waking time reading the Bible, according to jail attendants. Banks finds solace in the Scriptures. He is an uncomplaining prisoner. He occupies a large cell alone, directly above the courthouse steps, where three times since the first of the year he preached turmoil and advocated revolution.
    Banks also stands indicted for a role in the bunglesome ballot theft. It was the resistance of the service of a warrant on this charge that brought him to the ignominy of a murderer's cell. Banks is solemn and thoughtful. The only sign of the strain is a slight loss of weight, and a dull pallor to his face.
    In contrast to Banks and his wife, E. A. Fleming, Jacksonville orchardist held on an information charging first degree murder charge, was in a happy mood today and laughed and joked with visitors to the felony cell of the county jail. Fleming was a visitor at the Banks home when the murder was committed. He was arrested while attempting to flee the scene by a back door.
    Circuit Judge W. M. Duncan is expected to be here the first of the week for proceedings in the ballot-stealing cases. A number of men indicted for the crime are reported to be scheduled to enter guilty pleas then. Five entered guilty pleas this week. Sentence will not be passed until the case is finished.
Medford Mail Tribune, March 31, 1933, page 4


    Halbert S. Deuel, named temporary receiver for the Suncrest Orchards, Inc., has taken charge of the property, pursuant to court order. A hearing has been ordered for April 21, to show cause why the receivership should not be made permanent.
    The receivership was sought upon the application of the First National Bank, acting as trustee for bondholders of the Suncrest Orchards, Inc. No money is owing the First National Bank by the Suncrest Orchards, Inc. The original bond issue floated by L. A. Banks, president and resident manager, was for $25,000. Bonds were sold to people throughout the land. The First National Bank filed suit for the bondholders.
    The Suncrest Orchards, Inc., include three tracts comprising a total of 202 acres of trees in full bearing.
    Simultaneous with the appointment of the temporary receiver, suit was started for recovery of $15,400 due on the bond issue, and directed against the Suncrest Orchards, Inc. and creditors holding judgments. The complaint sets forth that the bonds are protected by a first mortgage, and urges that the bonds be paid first. Five years unpaid taxes, amounting to more than $6000, also stand against the orchard property.
    The complaint further cites that Banks is in custody, charged with an unbailable offense, and is insolvent, and that legal action is necessary to prevent the orchards from deteriorating and to secure the 1933 crop.
Medford Mail Tribune, March 31, 1933, page 4


    L. A. Banks, agitator, ex-orchardist and editor, held in the county jail with his wife, Edith R. Banks, on a joint indictment charging first degree murder for the wanton slaying of Constable George J. Prescott on the morning of March 16, held a three-hour conference in his cell yesterday afternoon with his attorneys, Joseph L. Hammersly of Portland and William E. Phipps and Thomas J. Enright of this city.
    Preliminary plans for the defense were mapped, but no definite announcement was made. Another conference is scheduled for today.
    Near the end of the conference yesterday, Mrs. Banks was brought from her cell and joined it.
    According to jail attendants, Banks was depressed following the interview, but was in a more cheerful frame of mind this morning.
    While no definite announcement has been made, it is general belief of lawyers and laymen that Banks will plead insanity as a defense. Former friends of the accused man say it is his personal wish to plead invasion of his constitutional rights as justification for the murder, but it is believed this is contrary to the advice of his attorneys.
    Letters dictated by Banks to his police and city police, warning them against serving a warrant, and with a threat of bloodshed, will be used as evidence by the state. The letters were found after the slaying. There in also a record that Banks within a half hour of the murder transacted business. His statement, after the crime, that he "shot George Prescott like any other burglar, and would do it again," will also be used by the state. At the Sheriff Schermerhorn ouster hearing, Deputy Sheriff Phil B. Lowd testified that Banks threatened to kill him, "If you ever try to take me out of my home on a warrant."
    Banks continues to read a Bible daily, but there is no indication he takes this charge against him seriously, Mrs. Banks has begun to weary of jail life, and has adopted a more concerned mien towards the accusation. The pair have but few visitors.
    In justice court yesterday Janet Guches filed suit against Banks, who formerly employed her as secretary, for $250 for wages, the full amount allowed under the law. A writ of attachment was also issued with the suit. It was filed on Banks' Cadillac coupe. It developed this morning that it is mortgaged, and otherwise legally involved. The holder of the mortgage was reported as having turned back the mortgage to the former secretary.
    Last week Arthur LaDieu, former business manager for Banks, filed a suit for the same amount, with an attachment. No return has been made as yet upon the attachment by the sheriff's office.
    Claude Ward, a brother-in-law of Banks, among those indicted for ballot theft, and whose arrest was delayed because of his illness, was reported as convalescing rapidly. He will be arrested as soon as he is pronounced well by his doctor.
Medford Mail Tribune, April 4, 1933, page 1


    Application has been made by L. A. Banks, agitator and ex-editor and orchardist held in the county jail on a first degree murder charge for the slaying of Constable George J. Prescott, for medicinal liquor, and the request will be granted. The request was made yesterday to the county physician, who will write a prescription.
    According to jail authorities, Banks has a slight touch of stomach trouble and needs a stimulant, due to confinement.
    Filling of the prescription is possible at a number of local drug stores, under federal law, which permits purchase of a pint every ten days. The prescriptions provide, as a rule, "for three tablespoonfuls a day, when required." The cost of a pint of medicinal liquor runs from $2.50 to $4, depending on age and brand of the beverage.
    The medicinal liquor will be kept under lock and key, and be in the custody of the matron and chief jailer, who will do the pouring. The stimulant was also requested as a sleep producer. There is nothing unusual in granting the request, a health step, it is said.
    Attorneys for Banks were today making ready for the first legal steps in their fight to save him from the gallows. No announcement has been made of defense plans, but it is generally conceded by lawyers and laymen that an insanity plea will be the basis of the defense. Banks is said to have objected to this, and desires to introduce a "defense of the castle" plea, on the grounds that "his constitutional rights were invaded" when the warrant was served.
    If insanity claims are made the basis of the defense, the state is prepared to show by documentary evidence that Banks was rational for a considerable period before the murder, transacted important business but a short time before, and dictated lucid letters to the state police and city police heads but a short time before the actual deed, warning them not to attempt to serve the warrant charging ballot stealing, and threatening bloodshed, and "probably resulting in my own death." The state in contesting the insanity plea, if it is made, will contend among other things that Banks is "a profound egotist, with a tendency to make homicidal threats."
    Under Oregon law, Mrs. Banks, jointly accused with her husband of murder, cannot testify against her husband. The state alleges she played a leading secondary role.
    Banks immediately following his arrest declared he acted in defense of his rights, and that [he] "shot Prescott the same as he would any other burglar--and would do it again."
Medford Mail Tribune, April 5, 1933, page 1


    It was announced this afternoon by attorney T. J. Enright that L. A. Banks and his wife, Edith R. Banks, charged with first degree murder in the slaying of Constable George J. Prescott, would enter a plea of not guilty. Attorney Enright did not amplify the statement.
    The decision whether or not the accused pair would be tried separately or together will be made later.
    It is the supposition that the defense will be based upon Banks' contention that he was acting in defense of his home when he slew the officer bearing a warrant for his arrest upon an indictment for ballot stealing.
    It was first reported that Banks would plead not guilty by reason of insanity.
Medford Mail Tribune, April 6, 1933, page 1


    Mysterious tappings in the courthouse last night after midnight kept chief jailer Fred Kelly alert and exercising vigilance. The tapping, which sounded like pounding on concrete, was first noticeable about 1 o'clock, and awakened jailer Kelly.
    He went to the law library directly under the cell holding L. A. Banks, accused murderer of Constable George J. Prescott, on the theory that someone might be attempting to gouge a hole through the wall. Later he went to Banks' cell and found the prisoner sound asleep. Hourly visits were made to Banks' cell, and each time he was unawakened.
    This morning it was discovered that the tapping noise was made by a workman in putting new curtains in the courthouse, and that it necessitated pecking holes with a chisel on each side of the window.
    Banks is now suffering from a sore throat and slight cold. A cold cure from the jail medicine chest was given him. His prescription for medicinal liquor has not yet been filled. Banks was reported as having had a stormy session with counsel yesterday.
    It was announced yesterday by attorney Enright that Banks and his wife, Edith R. Banks, would enter pleas of not guilty when arraigned Monday. This action was not unexpected, and does not preclude Banks from later entering the plea of "not guilty by reason of insanity." It is expected that Banks will offer a plea of self-defense, and that he was acting in "defense of his castle." It is possible that Banks may use all three pleas.
    Courthouse reports say that Banks objects to an insanity plea because of his extreme vanity.
    State officials are silent on what evidence they have collected, or the number of witnesses they will call. They will contest an insanity plea, if entered, with evidence that Banks transacted business and performed rational duties almost up to the time of the slaying, and they expect to show he "was a profound egotist, given to homicidal threats," and not insane within the Oregon laws covering the point.
    The matter of whether Banks and his wife will be tried separately or together will be decided later.
Medford Mail Tribune, April 7, 1933, page 1


    L. A. Banks, agitator and former editor and orchardist, and his wife, Edith R. Banks, jointly indicted for first degree murder for the wanton slaying of Constable George J. Prescott March 16th last, employed the law's delay this morning in circuit court when arraigned for pleading to the charge.
    An affidavit of prejudice against Circuit Judge William M. Duncan of Klamath County was filed shortly before ten o'clock by Banks' attorneys, Joseph Hammersly of Portland and T. J. Enright and William E. Phipps of this city. The affidavit was in the usual stereotyped form, and alleged that the defendants could not secure a fair and impartial trial before Judge Duncan, and that the legal move was not made for the purpose of delay.
    Assistant Attorney General William S. Levens asked the court to wire the supreme court, requesting the assignment of a new judge. The court said it would make the request immediately. It is anticipated that the high court will take quick action, and that a new judge to hear the plea will be here Thursday or Friday.
    Under Oregon law, the defendants have the right to file another affidavit of prejudice, and it is predicted such action will be taken with the new appointment when made. The new Oregon law, passed by the last session of the legislature, limiting affidavits of prejudice to one without producing evidence to prove their contention, is not effective until June 9.
    Affidavits of prejudice filed by former Sheriff Gordon L. Schermerhorn and County Judge Earl H. Fehl and 21 others indicted for ballot theft were not brought to the attention of the court this morning. The state asked for a continuance. Schermerhorn was scheduled to enter a plea today. His attorney, Frank J. Newman, filed a prejudice affidavit shortly before ten o'clock.
    It is the evident intention of the state to move for an early trial of the murder charge against Banks and his wife, and to take up routine matters in connection with the ballot theft charges thereafter. The state hopes to have all the cases at issue by the end of the week, and the trial dates set.
    Thomas L. Brecheen, claimant of "25 years personal friendship with President Roosevelt," Oliver Martin and Joseph Croft, indicted for ballot theft, entered pleas of not guilty this morning.
    Banks and his wife, under guard of three husky state policemen and chief jailer Fred Kelly, entered the courtroom through the judge's chambers shortly after 11 o'clock. They took seats among their attorneys. Banks was dressed in a freshly pressed light-colored spring suit, with a diamond pin in his necktie. Jail attendants said he spent most of the morning preparing for the courtroom appearance. Outside of paleness, and loss of jauntiness, there was no noticeable change in the man. He smiled wanly upon the well-filled court room.
    Mrs. Banks was dressed in black, and as soon as seated started a conversation with counsel. Her husband had little to say, but cast many sidelong glances at the crowd.
    The proceedings, as far as the Banks were concerned, took less than five minutes, and they then were ordered back to their cells.
    The courtroom crowd was limited to the seating capacity. A few people lingered in the hall, which was under guard of special officers, Among the early arrivals were Mrs. Henrietta B. Martin, president of the "Good Government Congress," and catspaw of Banks, accompanied by her father, C. H. Brown, and Mrs. C. H. Brown. Mrs. Martin wore a new hat.
    Court was delayed an hour, owing to auto trouble, and Judge Duncan reached the bench an hour late.
Medford Mail Tribune, April 10, 1933, page 1


    George Schumacher, chemist, this afternoon filed suit against the Suncrest Orchards, Inc., and L. A. Banks for $1715, due for asserted professional services rendered for Banks and the Pear Growers Association in the cultivation, propagation, and packing of pears. The complaint sets forth that it was agreed that Schumacher should receive three-quarters of one cent for each packed box, and that no part was paid, "though frequently demanded."
Medford Mail Tribune, April 11, 1933, page 1


    Judgment on attachment was decreed this morning in Justice of the Peace William R. Coleman's court, in favor of Janet Clement Guches against L. A. Banks, her former employer. She sought $250, the full amount under the law, for wages as stenographer, allegedly due.
    The attachment covers the following items, now said to be in the Daily News office:
    One mahogany counter, one wicker davenport, one office partition, one furnace, one oil burner, two swinging gates, one piece of linoleum, one filing stool, one wicker chair, one wicker stool, and two oil paintings.
    The plaintiff was formerly secretary for Banks, and is said to have been at the home of Banks on the morning of the Prescott slaying, but left a short time before the grim tragedy.
Medford Mail Tribune, April 11, 1933, page 8


    In scarcely audible voices, L. A. Banks, former editor and orchardist, and his wife, Edith R. Banks, this morning entered pleas of not guilty to the indictment charging first degree murder for the slaying of Constable George J. Prescott at the Banks home on the morning of March 16, while the officer was endeavoring to serve a warrant for Banks' arrest on a ballot theft charge.
    The defense, in a surprise move, served notice of its intention to file a motion for a change of venue, through attorney W. E. Phipps. Attorney T. J. Enright informed the court that the motion would be filed by tomorrow morning, and the court set that time for hearing of arguments.
    The two defendants entered their not guilty pleas before Circuit Judge George F. Skipworth of Lane County, assigned by the state supreme court to hear the case. The upstate jurist will hear the case in its entirety, it is expected. The defense has another day in which to file an affidavit of prejudice, but this move is not anticipated.
    Attorney Phipps in serving notice of a change of venue informed the court that "in spite of the propaganda in the papers, the defense is not seeking delay." The court replied, "I am here only to hear the case."
    Banks, attired in a dark gray suit, was first to plea. He answered in a low voice, "Not guilty." Mrs. Banks then spoke the same words, in exceedingly low voice, heavy with nervousness. The couple were then escorted back to their cells by the state police, the sheriff, jail matron, and chief jailer.
    The entire proceeding took less than ten minutes.
    Arguments on the change of venue motion will be heard tomorrow, and attorney Phipps stated the motion would be supported by affidavits. The change of venue motion, it is said, will contend that owing to the state of public opinion, the defendants would have their constitutional rights jeopardized, and owing to the wide publicity, difficulty would be experienced in securing a jury. The state will contest the motion.
    Promptly at 9:30 o'clock, Judge Skipworth ascended the bench. The seating capacity of the courtroom was filled a half hour earlier. The bailiff ordered a man in the rear of the room to be seated, with the words: "No one is allowed to stand." Attorney Phipps was the only member of defense counsel present when court was called. Attorney Enright entered a few minutes later.
    Henrietta B. Martin, president of the late so-called "Good Government Congress," and active lieutenant of Banks in his political efforts, and her mother, Mrs. C. H. Brown, arrived too late to gain entry to the court room. The door bailiff denied admission because all of the seats were occupied. Mrs. Martin was disappointed, but made no effort to gain entrance after the emphatic refusal.
    The court has the right, under Oregon law, following the arguments of both sides to deny or grant the motion for a change of venue. The court, in the event the change to another county is granted, has the right to designate the county in which the trial shall be held.
    Following the completion of the change of venue plea, the court will set the trial date.
    The motion for a change of venue was unexpected. If granted all the witnesses in the case would be transported to the new trial site, and the expense would be greatly enhanced.
    Following the entering of pleas Banks and his wife had no comment. Jail attendants said the pair were affected by the proceedings, and are beginning to view the charge against them seriously.
    In the courtroom at the time were petit jurors called to serve in a civil action.
    Judge Skipworth, assigned to the case yesterday by the state supreme court following the filing of an affidavit of prejudice against Judge W. M. Duncan of Klamath County, arrived last night by auto, after a day in his own court. He was accompanied by Mrs. Skipworth.
    The state, through Assistant Attorney General William S. Levens, asked that the ballot theft cases, in which Judge Duncan was disqualified by filing of six affidavits of prejudice, be continued further. Judge Skipworth asked if any actions were to be presented.
    The affidavits of prejudice were filed by County Judge Fehl, former Sheriff Schermerhorn, J. C. Croft, Walter Jones, mayor of Rogue River, John Glenn, former county jailer, and Arthur LaDieu, all indicted on the ballot stealing charge.
    The state has indicated that it desires to try the Banks murder cases first, and to clear away the preliminary legal moves before taking up the ballot theft cases.
    The matter of whether or not Banks and his mate will be tried together or separately is a decision that rests exclusively with the defense.
Medford Mail Tribune, April 12, 1933, page 1


    L. A. Banks, ex-editor and orchardist, and his wife, Edith R. Banks, charged with first degree murder for the slaying March 16 of Constable George J. Prescott, will be tried in Lane County, it was announced this afternoon when the change of venue requested by the defense was granted by Circuit Judge George F. Skipworth. May 1 was set as date for the opening of the trial. Expenses of all witnesses from Jackson to Lane County and return will be borne by this county, it was also reported this afternoon.
    When the change of venue motion was granted in court by Judge Skipworth he indicated that Douglas County would be the site of the trial. The defense counsel, through W. E. Phipps, proposed Curry County, which was rejected by the court. The defense objected to placing the trial in Josephine County, charging that "scurrilous" articles had been published in the Grants Pass newspapers.
    Judge Skipworth left the bench to telephone Judge Hamilton of Douglas County, to determine if the state docket would permit a speedy trial. Time and place of the trial was announced later in the afternoon.
    In granting the motion for a change of venue the court held "that, owing to the situation here which permeates every corner of the county, in the court's judgment an impartial trial could not be secured." The court observed that it would require weeks to obtain a jury, and "that the ends of justice would best be served by moving the trial to another county."
    The defense entered an affidavit signed by the two defendants charging that the press and citizens of the county, including the "Committee of 100, was engaged in the dissemination of false, defamatory and prejudicial matter," and "that mob violence had been threatened by friends of the slain officer."
    The affidavit further admitted that Banks was, previous to the crime, devoted to the publication of a newspaper "devoted to criticism," and that by so doing he had aroused the "enmity of business men, citizens, organizations and interests of the county."
    Attorney W. E. Phipps read excerpts from the Mail Tribune which he characterized as prejudicial to the defendants, including one editorial and an article giving a history of Banks' career here [March 19, above]. He charged that the press published "highly colored articles" against the defendants.
    The [account], before attorney Phipps had finished reading all the press comments, was cut short by the court, who at the same time advised the state "that in my judgment the trial and case should be moved to another county, for the best interests of all concerned."
    The state made no resistance to the change, following the ruling of the court.
    Banks throughout the short proceedings sat with quiet demeanor but took a lively interest in the acts of his attorneys at the finish. Both defendants were more serious than on their previous appearances. The courtroom crowd was again limited to the seating capacity.
Medford Mail Tribune, April 13, 1933, page 1


    Probable change of venue to either Klamath Falls or Grants Pass was the new development this week in the coming trial of L. A. Banks and his wife, Edith R. Banks, charged with the slaying of Officer George Prescott.
    The change was asked by the defense, after the appointment of Judge G. F. Skipworth of Lane County to succeed Judge W. M. Duncan of Klamath County
appointed earlier to hear cases at this term of Jackson County court. Judge Skipworth will hear the trial wherever it is held, unless a second affidavit of prejudice is filed. This is not thought likely.
    Both Mr. and Mrs. Banks entered pleas of not guilty before Judge Skipworth Wednesday morning. They are charged jointly with the murder, but whether they will be tried jointly rests with their counsel to decide.
    Officer Prescott was killed by a shot from a gun in the hands of L. A. Banks, March 16. Mrs. Banks held the door open through which her husband fired the shot, and it is alleged that she is also guilty of crime.
    Prescott had gone to the Banks home in Medford to serve a warrant for Banks' arrest on a charge of having aided in the ballot stealing early in February. Mrs. Banks came to the door in response to his knock, but refused to accept the paper or allow it read, and was about to close the door when Banks called a warning to her to "duck" and fired, killing Prescott.
    It is understood that the twenty men charged with the ballot theft will not be tried until the murder case has been tried.
Gold Hill News, April 13, 1933, page 1

    Circuit Judge Skipworth yesterday issued an order directing that the expenses of J. F. Wortman, named as receiver for the Suncrest Orchards, Inc., L. A. Banks, president, in the suits of O. B. Waddell, as assignee for the Medford National Bank on two mortgages for $4500 each, be paid first from the proceeds of the sale. Receiver Wortman's bill for labor and other expenses totals $1067.
    Judgment in the Waddell case has been entered in circuit court, and the sale has been set for tomorrow morning at ten o'clock at the courthouse. The judgment is against that portion of the Suncrest Orchard, Inc., known as the Pepper & Taylor tract on one cause, and on the other against residential property on West Main Street, where the murder of Constable Prescott occurred. The home was originally built by John M. Root, and was purchased by Banks when he first came here.
    The sale will be from the front steps of the courthouse, almost directly beneath the windows of the cell Banks now occupies. It was on these same steps that Banks appeared as orator to "demonstrations," and from which in his last public remarks he proclaimed a "revolution."
    The action scheduled for tomorrow is independent of the suit filed recently by the First National Bank, acting as agents for bondholders of the Suncrest Orchards. Inc., against Banks and creditors of the orchard company, seeking $15,000.
    In this action, H. S. Deuel was named temporary receiver. A hearing to make the receivership permanent is set for a week from tomorrow, Saturday, April 22.
Medford Mail Tribune, April 14, 1933, page 1


    It is estimated that the expense of trying Llewellyn A. Banks and his wife, Edith R. Banks, charged with murder, in Lane County will cost approximately $1000 per day. Jackson County pays all cost, which includes judge's salary, juror fees, witness fees, mileage between this county and Eugene, transportation of defendants, subsistence for them, and incidental expenses such as stenographers and bailiffs.
    The trial is expected to last not longer than six days, which would bring the estimated cost to $6000 for joint trials and to approximately $10,000 if separate trials were asked by the defendants.
    Banks and his wife will probably be taken to Eugene the Saturday before Monday, May 1. The county jail here is regarded as more modern and safe than the Lane County bastille.
    The question of mileage for witnesses remains to be settled. In counties over a population of 50,000, the state law names 10¢ per mile. Lane County is in this classification. In counties below 50,000 population, which includes Jackson County, the mileage fee is 15¢. Whether the Lane County or the Jackson County rate will obtain remains to be determined.
    Witnesses will probably be ordered to report Monday, May 1, starting date of the trial, at the Lane County courthouse. The number of witnesses to be called is still problematical. The state may call around 25, and the defense probably as many.
    The two defendants, indicted jointly, have the right under Oregon law to decide whether they shall be tried separately or together. The decision rests with them. If separate trials were asked, the cost would be proportionately more, but the mileage costs would be eliminated, as the witnesses would be kept in Eugene, and the second trial started as soon as the first was concluded.
    Many county officials figure that the Lane County trial costs would be less than the case would incur here, as less time would be expended in securing, questioning, and mileage for jurors.
    Ruling of Circuit Judge George F. Skipworth transferring the trial to Lane County of Llewellyn A. Banks, agitator, former editor and orchardist, and his wife, Edith R. Banks, charged with first degree murder for the slaying of Constable George J. Prescott on the morning of March 16 while Banks was resisting service of a warrant for ballot stealing, was viewed today by Jackson County citizens generally as a wise and just decision, alike for defense and state and future public welfare.
    The court ordered the trial held in Eugene, starting Monday, May 1, after Douglas County had been considered and Josephine and Curry counties proposed. Judge Skipworth, after telephone communication with Douglas County authorities, learned that no jury term would be held there before May 23 and, following a short conference with attorneys for both sides, ordered the case heard in Lane County.
    According to jail attendants, Banks, following the granting of the change of venue, expressed satisfaction. Banks and his wife will probably not be transferred to the Lane County jail until a few days before the trial. The order granting the venue directs that both defendants be held in their present cells "until further orders of the court." Banks assumed a more serious mien at the Thursday afternoon proceedings. He glanced over the legal papers prepared by counsel and then passed them to his wife for her signature. During most of the proceedings he sat with chin resting on his folded hands and in deep thought.
    The state made no resistance to the change following the comment of the court that "it is my judgment no fair and impartial trial could be secured here, where an unusual situation, akin to no murder trial ever held in the state, permeates every nook and corner of the county, and the air is heavy with the cross-currents of many prejudices."
    The court further observed: "You would be weeks in securing a jury, which would offset the expense of moving the trial to another county." The court also observed that "the court, the state and the defense have a solemn duty to perform in seeing that the defendants have a fair and impartial trial--they face the most serious of all criminal charges."
    The court also ordered that all original papers and transcripts in the murder case be transferred at once to the county clerk of Lane County, in the personal custody of Lee M. Bown, state police captain for the Southern Oregon district. The defense was allowed two weeks' time to make ready for trial at their own suggestion. They have the right to ask further time if they see fit.
    The general public, long stirred by political turmoil and agitation, also expressed satisfaction that the trial would be held in another county. It was felt by many that the change of venue would spare the county the fevered emotional strain of the trial, and the attendant public excitement, also that a verdict by a jury drawn in another county, once returned, would prevent the case from being a controversial or political issue in Jackson County for months if not years.
    Judge Skipworth will retain jurisdiction in the case and will hear it in his own district. He indicated he desired to dispose of the trial as quickly as possible, consistent with justice and the law. The trial date is approximately six weeks after the murder of Constable Prescott. Judge Skipworth and wife, who accompanied him here, returned to Eugene today. He was assigned here on an affidavit of prejudice filed by Banks against Judge Wm. Duncan of Klamath County.
Medford Mail Tribune, April 14, 1933, page 1


    EUGENE, April 15.--(Spl.)--When Mrs. L. A. Banks comes to trial here it will be the first time a woman has been tried for murder in Lane County. There is no matron at the Lane County jail, so special provisions will have to be made for the housing of the Jackson County woman. She will probably be placed in the city jail or in a hotel room with an attendant.
    The women's cell of the county jail will be scrubbed and cleaned to receive Banks. The Lane County jail is old and out of date.
Medford Mail Tribune, April 16, 1933, page 1


    There are three lines of defense, under Oregon law, for L. A. Banks and his wife, Edith R. Banks, awaiting trial at Eugene, Oregon, Monday, May 1, on a charge of first degree murder for the slaying of Constable George J. Prescott March 16 last, while the former editor-orchardist was resisting arrest on a warrant issued on an indictment charging ballot-stealing.
    The defenses possible, attorneys say, are not guilty by reason of insanity, which Banks is reported to have scorned, self-defense, which embodies proof or belief of great bodily harm, or non-commission of the crime, by reason of not being present at the scene, or the crime was committed by another, or "third party." All three defenses can be used together or separately.
    The defense of Mrs. Banks, which is closely linked with that of her mate, lawyers said, will be that as an accessory. If such, she acted unwittingly, and in a wifely manner, without questioning the intentions of her mate. The Oregon law holds an accessory equally guilty in the commission of a crime.
    Self-defense is viewed by local lawyers as the probable keynote of the Banks fight for his life. They say an inkling of this was given in the change of venue hearing, when the accused pair filed an affidavit alleging that Banks' writings in vitriolic criticism has caused "enmity" in the public mind and blamed the press and "Committee of 100" for the asserted attitude. A supplementary defense plea, it is forecast, will also claim that Banks, the principal actor in the tragic drama, was acting under an emotional strain and in the belief that he was "defending his castle."
    The state has indicated that in opposition to any defense that may be offered, it will introduce evidence to show that Banks acted with premeditation over a considerable portion of time; that Constable Prescott [acted] in the lawful performance of sworn duty, and that the fatal shot was fired in fulfillment of oft-repeated written and spoken threats against life.
    Among the state witnesses will probably be former Deputy Sheriff Phil Lowd, who testified at the Schermerhorn ouster hearing that Banks had threatened his life "if you ever try to take me out of my house on a warrant."
    Defense counsel have given no indication of their defense, and it is highly probable that it will not be definitely known until revealed in the Lane County courthouse during the course of the trial.
    The state will also probably combat any insanity defense, with contention that Banks was "a profound egotist with homicidal threat tendencies," and prove that he performed rational acts. in a normal manner before and after the murder.
    Another chapter in the tangled financial affairs of Banks in this valley was recorded Saturday morning, when from the courthouse steps, at a sheriff's sale, his home on West Main Street, where Constable Prescott was slain, was sold on a bid of $2,495.55. At the same time the Pepper & Taylor orchard tract, one of Banks' several orchard holdings in this section, was sold on a bid of $8,052.46. Both properties were sold on judgments issued in favor of O. B. Waddell, acting as assignee for the Medford National Bank for payments of mortgages issued on promissory notes for loans of approximately $11,000 from the banks to Banks in 1929-1930.
    The home was originally built by John M. Root, a former well-known local resident, at a cost of between $7500 and $10,000, about 20 years ago. It was purchased by Banks for $8000 several years ago.
    The Pepper & Taylor tract during the boom days here sold for $45,000, and was first purchased by J. F. Wortman of Phoenix for $25,000. Banks is said to have agreed to purchased it for $40,000. The Suncrest Orchard, Inc., bondholders have a suit pending against the property, with other units for $155,000 allegedly due on bonds.
    Only a few people witnessed the sale, including two former employees of Banks. The only bidder was attorney George M. Roberts, acting for the Medford National Bank and its assignee, O. B. Waddell. The sale was from the courthouse steps, almost directly beneath the window of the cell occupied by Banks. From the steps Banks addressed "demonstrations," and in his last speech therefrom proclaimed a "revolution."
    According to jail attendants, Banks since the granting of the change of venue has shown a revived confidence and cheerfulness. He eats well, sleeps well, and spends his waking hours reading Harvard classics, the Bible, playing solitaire and exercising in his cell, which is the largest and most comfortable in the county jail. He sees his wife daily and is allowed visits with friends and kin.
    The state started Saturday to arrange the preliminary details of the transfer of the case to Lane County, per court orders. The county clerk's office next week will have certified copies of the originals, and the original copies of the records in the case, prepared for delivery to the county clerk of Lane County by the state police, under the personal supervision of Capt. Lee M. Bown.
    Banks and Mrs. Banks will be held in the county jail "until further orders of the court," which probably means they will not be taken to Lane County for the trial until a short time before it opens.
    As soon as the Banks murder trial is completed the state will proceed at once with the trial of the ballot-stealing cases.
Medford Mail Tribune, April 16, 1933, page 1


    Suit was filed in circuit court late yesterday by R. A. Matthews against L. A. Banks [and] his wife, Edith R. Banks, for $5000, allegedly loaned on a note secured by a mortgage on a portion of the Pepper & Taylor orchard tract, which was in Banks' hands.
    O. B. Waddell, as assignee for the Medford National Bank, and W. H. Norcross of the Central Point district, and the News Publishing Company are named as joint defendants. All three parties obtained judgments against Banks. The Medford National Bank foreclosed on its judgment last Saturday at a sheriff's sale of the orchard and home property.
    Norcross sued last winter, obtaining judgment against Banks and others. It was in this case that Banks refused to answer a subpoena from the circuit court, and in his defiance of constituted authority wrote the court [a] letter, refusing to answer the summons.
Medford Mail Tribune, April 18, 1933, page 2


    The Carlton Nursery Co. today filed suit in circuit court against the Suncrest Orchards, Inc., L. A. Banks, president, and seven parties who have obtained judgments against the Suncrest Orchards in the past six months.
    The nursery company asks for $435.05 for trees furnished and planted for the orchard company in 1930, for which it asserts it has not received payment.
    The tangled financial affairs of Banks have resulted in a number of actions being filed against him and his orchard company, most of them before he was placed in jail to answer to a first degree murder charge.
    Next Saturday a hearing is scheduled in circuit court to make permanent the receivership of H. S. Deuel, who was named temporary receiver following the filing of a suit for $15,000 by bondholders of the Suncrest Orchards, Inc., for money due.
    Last Saturday a portion of Banks' orchard holdings and his home on West Main Street, where Constable George J. Prescott was slain, was sold on judgments for money loaned by the Medford National Bank.
    It was reported that a move was afoot to file an involuntary petition for Banks in federal court at Portland for the benefit of creditors, but his attorney reported he knew nothing of the plan.
    Banks yesterday, following several sessions with attorneys for creditors, issued a request to the chief jailer that in the future they be referred to his counsel. The request was granted.
Medford Mail Tribune, April 19, 1933, page 3


    The decision whether they will be tried together or separately rests with L. A. Banks, former editor and orchardist, and his wife, Edith Robertine Banks, jointly indicted for first degree murder for the slaying of Constable George J. Prescott on the morning of March 16th, while Banks was resisting service of a warrant on an indictment charging ballot theft. The two defendants have been advised by counsel [that] the matter is one for their own determination.
    Friends of the accused intimate that they will face the Lane County jury, which will decide their fate, together. The trial is scheduled to start Monday, May 1, at Eugene. Oregon law gives them the right to decide, any time before the actual start of the trial. The state has announced it would try Banks first, in the event separate trials were asked.
    Attorney T. J. Enright, one of the counsel for Banks, said yesterday that the defense would be founded upon the general plea of not guilty. Under this plea the defense will have the right to introduce evidence to show insanity, self-defense, "defense of the castle," and gives them a wide latitude in the matter of evidence. Under the general not guilty plea the defense can use one or all of the possible defenses.
    The defense attorney said that between 15 and 20 witnesses would be called in their behalf.
    The state will contend that Banks acted with premeditation and without justification, that he was "legally sane" at the time of the firing of the fatal shot, that his spoken and written words, immediately after and before the murder, and his acts for the same period were rational and sane. Banks' notes to city and state officials, warning them of "bloodshed," and his statement to the state police and in the Josephine County jail will constitute part of the evidence to be introduced against him at the trial.
    Attorneys of the city and county see a similarity between the Banks case and that of Dr. Richard M. Brumfield, insofar as legal insanity is concerned. Dr. Brumfield, a Roseburg dentist, slew a hermit by the name of William D. Russell, to perpetrate an insurance hoax. He was convicted and sentenced to hang. Insanity was interposed as a defense.
    In the Brumfield trial, the Oregon law covering insanity as a defense was carried to the state supreme court and upheld in a ruling on an appeal. The Oregon law holds that insanity when used as a defense must be sufficiently shown as "dethroning reason," and that eccentricities or delusions of the defendant is not insanity within the legal meaning of the term. The insanity under the Oregon law must be proved "beyond a reasonable doubt."
    Because of the prominence of Brumfield in Douglas County, and the fiendish premeditation involved in the murder of Russell, the trial attracted state and national attention. Brumfield was arrested in Canada where he was employed as a farmhand and made his escape by wearing women's garments.
Medford Mail Tribune, April 20, 1933, page 5  "Intimate" in the headline is a verb.


    L. A. Banks, agitator and former orchardist, scheduled to go on trial Monday, May 1, for the murder of Constable George J. Prescott on the morning of March 16 last, while Banks was resisting service of a warrant on a ballot theft indictment, has changed from the Bible to psychology as a solace, according to county jail attendants.
    Banks has told friends and jailers that he "expects to be on the stand three days." He expresses confidence to acquaintances, but jailers say that the past week he has been worried and has spent several sleepless nights, pacing his cell. He still maintains a bold front to visitors but has requested that attorneys in the many civil suits against him be denied interviews, but instead referred to his counsel.
    Mrs. Banks retains her calm attitude and whenever allowed to see her mate gives him cheer as much as possible.
    Despite claims to the contrary, there is a strong belief in legal circles that Banks will plead "not guilty by reason of insanity." Lawyers of the county and state have expressed the opinion that it is the only defense, and that his counsel will go against their client's wish and employ it in the Eugene trial. An insanity defense must be presented by alienists and medical experts.
    It is pointed out that if the insanity defense is used Mrs. Banks' position is made more precarious as an accessory. The state contends her opening the door, through which Banks fired the shot that slew Constable Prescott, enabled her mate to use the rifle and at the same time disarmed the arresting officers of suspicion and gave him the protection of the center room from which he fired. The state holds that if Banks had opened the door himself he would not have been able to use the rifle and that the officers would have taken more precaution.
    The state will also show that Banks knew the officers were coming to his house with a warrant; that he wrote notes warning them he would resist arrest and threatening bloodshed; that Banks was not above the service of a legal process, despite his written and spoken defiance of constituted authority; that the murder was premeditated with willful and wanton malice, and that plans for flight had been made. Threats against the law written by Banks will also be introduced and his statement following his arrest attempting to justify his act, and his boast that he "would do it again."
    The state will contest any insanity claims with the contention that Banks is not, and was not, insane, but "rational, and a profound egotist given to homicidal boasts and threats."
    Wednesday was visiting day at the county jail, and kin of many of the prisoners came. One was a woman from Ashland who created a mild scene when denied a  visit with Banks. Her loud talk ceased when the chief jailer threatened expulsion.
    Assistant Attorney General William S. Levens, who has charge of the murder prosecution, returned this morning from Salem, Eugene and other upstate points. He will remain here until the Saturday before the Lane County trial of Banks, arranging details.
Medford Mail Tribune, April 21, 1933, page 3


    The state will start serving subpoenas Monday, for its witnesses in the trial of L. A. Banks, agitator and former editor and orchardist, and his wife, Edith Robertine Banks, charged with first degree murder for slaying March 16 last Constable George J. Prescott, as a tragic climax to many weeks of turmoil in this county.
    The state will call 26 witnesses, and all will be ordered to report at the Lane County courthouse in Eugene on Monday, May 1, when the trial will start. The defense has stated it expects to call 20 witnesses.
    Banks and his wife will be removed to the Lane County jail the last of next week upon a court order, under the direction of the state police and the sheriffs of Lane and Jackson counties. As much secrecy as possible will accompany the transfer, and once made a heavy guard will be placed over Banks. They will be kept in separate jails, owing to the lack of prison accommodations in Eugene. The trial will be concluded in a week, it is forecast.
    In federal court, at Portland yesterday, a petition was filed asking that Banks and his wife be adjudged bankrupts. The petitioners are the Southern Oregon Gas Corporation, whose claim is based on a promissory note for $10. George Schumacher, who claims there is due him for chemist services, $175, and Moore Hamilton, former Banks employee, who holds a promissory note for $50. It is expected that the petition will be augmented by claims of other creditors.
    In circuit court here yesterday, Judge H. D. Norton issued an order making Halbert S. Deuel receiver for the Suncrest Orchards, Inc. The receivership application was made upon a suit for $15,400, instituted by the First National Bank in behalf of bondholders. Deuel was directed to take charge of the properties "until the final determination of the case." He was named a temporary receiver March 21 last.
    Signs multiply that insanity will be the foundation of the Banks defense, with supplemental pleas. The state will contend that Banks knew the difference between right and wrong, and is not insane, under the meaning of the term in Oregon law. They will hold that "eccentricity," "delusions of greatness," "morbid tendencies," and "profound egotism with an inclination to make homicidal threats and boasts" is not insanity. Banks is said to be opposed to the insanity plea.
    Circuit Judge Skipworth of Eugene, who will hear the trial, has ordered space cleared in the courtroom for lawyers, witnesses, and the press. A ruling that the courtroom be cleared at noon has also been issued, and only those able to procure seating space will be admitted to the courtroom. The court also forbids eating lunch in the courtroom.
    Attorney Joe Hammersly of Portland conferred yesterday with associate counsel, attorneys T. J. Enright and W. E. Phipps. They will confer with Banks and wife in the county jail today, and map final plans of defense.
Medford Mail Tribune, April 23, 1933, page 1


    George F. Moran, former owner of the Cleveland Plain Dealer, and his wife, Evelyn, sister of L. A. Banks, who goes on trial for first degree murder next Monday in Eugene, will be among relatives of the accused man in Oregon for the trial, W. E. Phipps, defense counsel, announced today.
    Mr. Phipps received a wire today from the retired Ohio resident stating that he would arrive in Portland with his wife on the Great Northern Friday and would stay at the Benson Hotel until continuing to Eugene for the trial.
    He asked attorney Phipps to inform Mr. Banks of his plans.
    Attorney Phipps stated that he would be leaving Medford Thursday for Eugene to prepare for the opening of the trial Monday. The defense is ready to present its case, he stated, adding that he saw no cause for any possible delay in the trial.
    Joseph L. Hammersly of Portland, who will also represent Banks and wife, Edith R. Banks, jointly indicted for the slaying of Constable George J. Prescott, has returned to Portland after a long conference with the accused and attorneys here.
    Asked about plans of the defense, attorney Phipps explained that he would have no statement to make regarding steps to be taken to uphold the plea of not guilty before opening of the trial. Such a revelation, he stated, would be unethical.
    Attorney Phipps was uncertain today whether or not other relatives of Banks and wife would attend the trial in Eugene. Banks has two brothers in Southern California, C. O. Banks and W. A. Banks. The latter came to Medford soon after Officer Prescott was killed to confer with his brother. At that time he intended to return for the trial. Another brother resides in Ohio, but has not communicated with Banks' attorneys.
Medford Mail Tribune, April 25, 1933, page 1


    Edith Robertine Banks, jointly charged with her husband, L. A. Banks, agitator and former editor and orchardist, with first degree murder, for the slaying of Constable George J. Prescott, has two new hats, according to jail attendants, for her court appearances when the trial starts in the Lane County courthouse at Eugene next Monday, May 1.
    Banks himself yesterday had a haircut at the hands of Edwin Malkemus, one of the minor aides and orators of his "Good Government Congress," at liberty after detention in the county jail following the ballot robbery indictments. The central figure of Jackson County's most turbulent period--always a nifty dresser--sent out his clothes to be pressed for the most important event of his life.
    The day of departure of the Banks for Lane County has not been divulged by the authorities, except that it will be "Friday, Saturday or Sunday," and that the two will travel apart, under heavy guard of state police and the sheriffs of the two counties. In Eugene, owing to the lack of facilities, Banks will be held in the county jail, and his mate in the women's ward of the Eugene city jail. Judge Skipworth, before whom the trial will be heard, is expected to issue the order for their removal the last of the week.
    Banks had another conference with his three attorneys yesterday. It is understood that attorney William E. Phipps will handle the legal phases of the trial, requiring intimate knowledge of the law, and attorney Joseph R. Hammersly of Portland, for many years a deputy Multnomah County prosecutor, will conduct the case before the jury, assisted by attorney Tom J. Enright, who is slated to make one of the closing pleas to the jury.
    Lane County, where the trial will be held, is manifesting no undue interest in the proceedings, involving a murder in which they have no more than the normal curiosity that accompanies cases of a similar nature.
    The court has issued orders there will be no all-day parking in the courtroom, and no lunches therein during the noon hour, and the courtroom will be cleared at the close of each session. The crowd will be limited to the seating capacity of the room, which has 225 seats.
    The state has announced it will call 26 witnesses, and has most of the subpoenas served. The defense has not announced how many witnesses it will call, nor what its defense will be.
Medford Mail Tribune, April 25, 1933, page 1


    Tension of waiting for their trial at Eugene Monday on a first degree murder charge, for the slaying March 16 last of Constable George J. Prescott, has started to tell upon both L. A. Banks, agitator and former editor and orchardist, and his wife, Edith Robertine Banks.
    Banks spent a sleepless night last night, according to jail attendants, Yesterday he had a three-hour conference in his cell with his counsel and devoted all his waking moments to studying his own defense plans.
    Mrs. Banks, according to her keepers, has started to lose the cheerful confidence of the early days of her incarceration, despite the purchase of two new hats for wear during the trial,
    Circuit Judge George F. Skipworth, who will hear the trial at Eugene, has ordered the drawing of a special Lane County jury venire, to report Monday for the trial.
    The drawing will probably take place Saturday morning, in the presence of counsel for both sides, and under the direction of the court. The present jury list was excused yesterday from further service, according to reports from Eugene.
    Selection of a jury to decide the fate of the accused pair is not expected to require over a day and a half.
    No inkling has been forthcoming as to the nature of the defense, but it is hinted it will be a "two-ply," based upon self-defense and insanity, and that three witnesses will be introduced to allege that the slain officer made threats against the slayer. The state has witnesses to refute this claim.
    In an insanity defense, under the Oregon law, the burden of the proof rests with the defense, and it must be beyond a reasonable doubt. To be legally insane, in this state, a defendant must be unable to distinguish between right and wrong.
    The state will contend that Banks was rational before and after the killing, that he dictated intelligible letters and transacted business up to a few minutes before the murder. His statement when arrested, claiming justification, with the statement that "I shot him the same as I would any other burglar, and would do it again." The state will also contend that "exaggerated ego," "morbid propensities," "delusions of grandeur," and "tendencies to utter homicidal threats and boasts" do not comprise insanity, under the legal description of the term.
    Documentary evidence of the state will include photographs and maps of the murder house, letters written by Banks, and the indictment for ballot theft, and the blood-soaked warrant Constable Prescott held for service when murdered. The state will also hold that Constable Prescott as a duly elected, qualified, and acting officer of the law, and possessed of a legal process, was within his rights and duties, whatever may have been the attitude of Banks towards its service.
    Mrs. Banks appears as an accessory to the murder, and the law makes no distinction from the actual slayer.
Medford Mail Tribune, April 26, 1933, page 8


    L. A. Banks, agitator and former editor and orchardist, and his wife, Edith Robertine Banks, were removed from the county jail shortly before 11 o'clock this morning and speeded in a closed automobile to the Lane County jail at Eugene, where they will go on trial Monday before Circuit Judge George F. Skipworth, charged with first degree murder for the wanton slaying of Constable George F. Prescott, March 16 last, while Banks was resisting service of a warrant for ballot theft.
    The accused pair, surprised by the order to make ready for the trip, expressed regret they had no opportunity to say goodbye to followers, were in charge of Sheriff C. A. Swarts and Chief Deputy Sheriff George Canaday. The removal was upon an order signed by Circuit Judge Skipworth of Lane County. Fifteen minutes after their arrival, the Lane County officials were on their way north.
    Few outside of the authorities knew of the plans. The couple were handcuffed and taken to the rear door of the courthouse by elevator, and thence to the waiting car.
    Mrs. Banks took two new hats, which she will wear during the trial. Banks' wardrobe consisted of two suits of clothes.
    Sheriff Swarts expects to make a leisurely trip to Eugene, with no stops. Banks will be detained in the county jail, under guard; his wife will be held in the women's ward of the Eugene city jail.
    They will probably make their first appearance in a Lane County court tomorrow morning, when additional jurors for their trial will be drawn in the presence of counsel for both sides
    Assistant Attorney General William S. Levens, District Attorney George A. Codding and attorney Ralph Moody, of state counsel, will leave this afternoon for Eugene. Attorney William E. Phipps of defense counsel will also leave today. Attorney Joe Hammersly of Portland will arrive in Eugene tomorrow morning.
    It is expected that Mrs. George F. Moran of Cleveland, Ohio, who with her husband came to Oregon this week to attend the trial, will visit Banks in his cell row. They have been in Portland since Tuesday.
    The 26 witnesses subpoenaed by the state have been ordered to report at Eugene next Monday morning at opening of court.
    Banks was nervous last night, and secured a physician's prescription of a pint of medicinal liquor for his stomach and his nerves. He was allowed a visit with Mrs. Banks yesterday, who was in good spirits and apparently not depressed by approaching events. Both, according to jailers, are confident of the outcome.
    Attorney Phipps said today that no decision had been made and none would probably be made until the trial opening on whether or not the pair will be tried separately or together. In any event, the state has announced that Banks will be tried first.
    Yesterday was visiting day at the county jail, and both the accused had a number of visitors.
Medford Mail Tribune, April 27, 1933, page 1


    Affidavits of prejudice were filed this morning against Circuit Judge William M. Duncan of Klamath Falls by Oliver Martin, indicted for ballot theft, and L. O. VanWegen and L. E. Fitch, indicted for "disorderly and riotous conduct" in connection with the attempted buggy whipping of Leonard A. Hall, editor of the Jacksonville Miner, by Mrs. Henrietta B. Martin, president and active worker in the late so-called "Good Government Congress."
    All three are at liberty on bonds and all three allege they cannot receive a fair and impartial trial before Judge Duncan, and that the action is not taken for the purposes of delay.
    VanWegen and Fitch are alleged to have attempted to hold Hall while Mrs. Martin wielded the buggy whip. VanWegen also awaits a decision in justice court on a gun-toting charge. Fitch, on the morning of the Constable Prescott murder, was hit, it is claimed, in the head with the butt end of a pistol in the hands of R. E. Burton, an aged man. Fitch was in the hospital three days as a result. Fitch and Mrs. Martin made efforts the past week to secure a warrant for Burton's arrest without success. C. H. Brown, father of Mrs. Martin, is also at liberty on the buggy whipping count, and also on an indictment charging slandering of a bank. Brown has not been noted around the court house for several days. Officials say he has been ill, and spending his time at home working in a garden.
    As soon as the Banks murder trial is over the state will take steps to bring the ballot stealing cases to trial as speedily as possible. It is anticipated a number of legal delays will be encountered. It is expected that a new judge will be assigned for the trials. Practically all of the defendants have filed affidavits of prejudice.
    The ballot theft defendants include, among others, County Judge Fehl, suspended Sheriff Gordon L. Schermerhorn, Walter Jones, mayor of Rogue River; John Glenn, former county jailer, and Arthur LaDieu, former business aide of Banks.
    Eight of the men indicted for ballot theft have entered pleas of guilty, and the state intimates more guilty pleas are to come.
    The state maintains extreme secrecy over its evidence, but now admits "a perfect picture of the vote stealing" will be presented in court.
    During the past week or ten days a number of citizens from all parts of the county have called upon county offices and requested that early action be taken in the ballot theft to the end that the case be settled once and for all, and be removed as a source of agitation. Officials explained that it is imperative that the murder trial be heard first, and for that reason the kindred case has been unavoidably delayed.
Medford Mail Tribune, April 27, 1933, page 1


    The Medford News announces its own abandonment of the daily field and its conversion to a weekly. It is a development long ago foreseen and predicted. A city of Medford's size does not need two daily newspapers, and the Mail Tribune, long established and better entrenched than the News, fills the field well. Its editorial page is outstandingly good and its news coverage ample.
    The last few weeks of the News' career as a daily were altogether creditable to it and to its editor. That editor had resumed its direction after the debacle of L. A. Banks, who had long prostituted it to his own selfish and violent purposes. More than any other factor the News had been made by Banks to foment the strifes and enmities in Jackson County, which finally had their climax in homicide committed by Banks himself. The News under Banks had led many honest, if too-credulous, people to believe that most men in official positions in Jackson County were dishonest and of sinister motives. Banks and his News seared a scar that will be long in healing completely. Toward its healing the last editor of the News, Mr. Tuttle, made a substantial beginning in the few weeks of his restored direction. He brought the News back to sanity and to some discussion of wholesome affairs.
    Small-city advertisers quite generally prefer one newspaper to two in such a community. They want to reach all community readers through one medium if they can, thus avoiding duplication of expense. In the larger city and the wider field the situation is different. Clienteles in the larger cities vary and readers are more numerous. In a small city with two daily newspapers competition always becomes so keen that price-cutting results and neither can prosper. The Medford development is therefore typical of a trend of the recent years toward lessening of the number of dailies in the smaller cities everywhere.--Oregonian.
Medford Mail Tribune, April 27, 1933, page 6


    Tension of waiting for their trial at Eugene Monday, on a first degree murder charge for the slaying March 16 of Constable George J. Prescott, has started to tell upon both L. A. Banks, agitator and former editor and orchardist, and his wife Edith Robertine Banks.
    Banks spent a sleepless night Tuesday, according to jail attendants. Yesterday he had a three-hour conference in his cell with his counsel and devoted all his waking moments to study his own defense plans.
    Mrs. Banks, according to her keepers, has started to lose the cheerful confidence of the early days of her incarceration, despite the purchase of two new hats, for wear during the trial.
    Circuit Judge George F. Skipworth, who will hear the trial at Eugene, has ordered the drawing of a special Lane County jury venire, to report Monday for trial.
    The drawing will probably take place Saturday morning, in the presence of counsel for both sides, and under the direction of the court. The present jury list was excused yesterday from further service, according to reports from Eugene.
    Selection of a jury to decide the fate of the accused pair is not expected to require over a day and a half.
    No inkling has been forthcoming as to the nature of the defense, but it is hinted it will be a a "two-ply," based upon self-defense and insanity, and that three witnesses will be introduced to allege that the slain officer made threats against the slayer. The state has witnesses to refute this claim.
    In an insanity defense, under the Oregon law, the burden of the proof rests with the defense, and it must be beyond a reasonable doubt. To be legally insane, in this state, a defendant must be unable to distinguish between right and wrong.
    The state will contend that Banks was rational before and after the killing, that he dictated intelligible letters and transacted business up to a few minutes before the murder. His statement, when arrested, claiming justification, with the statement that "I shot him the same as I would any other burglar, and would do it again." The state will also contend that "exaggerated ego," "morbid propensities," "delusions of grandeur," and "tendencies to utter homicidal threats and boasts" do not comprise insanity, under the legal description of the term.
    Documentary evidence of the state will include photographs and maps of the murder house, letters written by Banks, and the indictment for ballot theft, and the blood-soaked warrant Constable Prescott held for service when murdered. The state will also hold that Constable Prescott as duly elected, qualified. and acting officer of the law, and possessed of a legal process was within his rights and duties, whatever may have been the attitude of Banks towards its service.
    Mrs. Banks appears as an accessory to the murder, and the law makes no distinction between an accessory and the actual slayer.
Gold Hill News, April 27, 1933, page 1


    Application was made yesterday to the county clerk for advancement of fees for witnesses for the defense in the trial, starting Monday at Eugene, of L. A. Banks, agitator, former editor and orchardist, and his wife, Edith Robertine Banks, for first degree murder for the slaying of Constable George J. Prescott on the morning of March 16 last. The murder came while Banks was resisting service of a warrant issued on an indictment charging ballot theft.
    The application was referred to Circuit Judge George F. Skipworth of Eugene, who has jurisdiction over the case, and it is anticipated that a ruling will be made late today or early tomorrow, after the materiality of some of the witnesses has been passed upon.
    The application is based upon the claim that the witnesses have no funds to pay their own way. The application was made by County Judge Fehl to County Clerk Carter, who immediately referred the matter to the Lane County court.
    The defense witnesses are said to number 20, and to include a number of persons closely allied with Banks in the "Good Government Congress"-bred turmoil.
    The estate's list of witnesses will be less than the 26 first tabulated, as two of the witnesses since the murder have moved considerable distances, and the expense of fees and mileage to Eugene is not warranted by the value of their testimony. Both are said to concern telephone calls Mrs. Banks is said to have made following the killing.
    E. A. Fleming, Jacksonville orchardist, detained in the county jail since the murder, will be one of the chief witnesses called by the state. Fleming was present in the Banks home for a considerable time before the murder. He fled when the officers reached the porch of the Banks home and was arrested by state police on guard at the back door.
    Dr. C. I. Drummond, county physician, who conducted an autopsy following the murder, whose testimony would establish the cause and nature of the wounds that brought the death of Constable Prescott, was confined to his home today with illness, but was expected to be able to go to Eugene by Monday.
    Banks and his wife, in charge of chief jailer Fred Kelly and Matron Daniels, arrived at Eugene late yesterday afternoon on the Shasta Limited. Following their departure from the county jail by auto they were taken to Central Point, where they boarded the northbound train and occupied a compartment. Both were in a cheerful mood when they reached Eugene. Mrs. Banks, according to press dispatches, left her fur coat on the train, and it was recovered by a deputy sheriff.
    Judge Skipworth, immediately following the incarceration, issued an order prohibiting visitors or interviews to the couple in their cells.
    The transfer of the Banks from the county jail to the scene of their trial was accomplished with speed and secrecy, and the switch to the train was not generally known. The move from the county jail was on short notice. It was first reported that the accused pair would leave Sunday morning.
    No official announcement has been made by counsel for Banks as to what defense will be employed. Attorneys generally believe it will be self-defense with an insanity defense interposed. Hints have been broadcast that the defense will attempt to prove by witnesses that the slain officer made threats against Banks.
    To controvert this testimony, the state will produce written words of Banks wherein he made threats against officers and that he had published threats to kill Deputy Sheriff Phil Lowd if he ever tried "to take him from his home on a warrant." Lowd testified to this effect at the Sheriff Schermerhorn ouster proceedings. The state will also introduce stenographic reports of Banks' "Congress" speeches, including his revolution proclamation from the court house steps, to show that he was defiant of constituted authority and at the time of the murder facing 35 civil and legal proceedings.
    To controvert an insanity plea, the state will produce evidence that Banks was "a profound egotist, given to homicidal boasts and threats"; that he was rational before, during and after the slaying; that he knew, and now knows, the difference between right and wrong, within the legal meaning of insanity, and that practically up to time of the firing of the fatal shot transacted business matters.
    The trial is not expected to last more than next week. The testimony will be largely confined to the tragic events of March 16. The state will also show malice and premeditation, including plans for flight after the killing.
Medford Mail Tribune, April 28, 1933, page 1


    In the brief, guarded interviews to Eugene newspapers the day following their incarceration in Lane County to await trial for first degree murder, L. A. Banks, slayer of Constable George J. Prescott, described his six weeks in the Jackson County jail as the "most valuable and important experience in my lifetime," expressed gratitude to Lane County officials for courtesies shown him and his wife, but was wary of comment on the killing, which he termed "the accident."
    The interviews gave a hint that the former orchardist and editor will endeavor to renew his showmanship, faintly paints himself as a martyr, and mentions his daughter here with kin and a granddaughter in California.
    Banks declares he has spent his jail days reading the Bible and the philosophers, and closed his remarks with the words:
    "If the truth does not win, I will not win."
    Mrs. Banks declined with the statement:
    "Just tell the truth, and it will be all right."
    Both the defendants were cheerful and confident, and declared they "awaited the trial with eagerness."
    The interview, written by Helena Wadleigh. a Banks employee shortly after he assumed control of the News, was as follows.
    "I was once told by a friend that a man is not a full man until he spent a month in jail. I only smiled and did not believe it, but now, after spending six weeks in jail, I consider it the most valuable and most important experience of my lifetime," Llewellyn A. Banks declared cheerfully yesterday from the Lane County jail cell.
    "I have read in the past six weeks the lives of all the philosophers from the beginning of history, Plato, Aristotle Cicero and all the others.
    "Some of the stories at Medford told of my reading my Bible--I did too. I always do--but not all humped up and prayerful as it made me sound.
    "I have rested a great deal, and Mrs. Banks has had a world of rest, almost like being in hospital."
    A calm confidence was displayed by the 62-year-old defendant. "If the truth does not win, I will not win," he said simply.
    An elaboration of his plea of not guilty was refused smilingly. "The facts properly belong before the court, and there they will be placed."
    Banks, when held in the Josephine County jail at Grants Pass, was interviewed by a press association in which he declared he "shot in defense of my home." This was the day following the murder. The Eugene interview was his first since then.
Medford Mail Tribune, April 30, 1933, page 1


    Public interest of Jackson County will shift this week to the pioneer Lane County courthouse at Eugene, where L. A. Banks, agitator and former editor and publisher, and his wife, Edith Robertine Banks, go on trial for first degree murder for the slaying of Constable George J. Prescott, March 16th last, while Banks was resisting service of a warrant for ballot-stealing, and in fulfillment of oft-spoken and published threats against constituted authority.
    The extreme penalty upon conviction of the crime charged, under Oregon law, is death upon the gallows. The jury may recommend life imprisonment. Verdicts in lesser degrees may be outlined by the court in its final instructions.
    Mrs. Banks is listed as an accessory. The Oregon law holds an accessory equally guilty.
    While no definite announcement has come from the defense counsel, it is thought it will embody every element helpful to the cause of the defendants, with  self-defense and insanity as the keynotes. It is highly probable the two defendants will elect to be tried together.
    Banks, it is predicted. will plead temporary insanity on the grounds of emotional strain, brought about by financial worries and personal troubles, and interpose the further plea of self-defense, on the allegation that the slain officer had made threats against him.
    The state will endeavor to refute the charge, if made, that the slain officer made threats against Banks, by testimony of a half dozen witnesses who within 30 minutes before the slaying talked with Constable Prescott. They will testify that the murdered officer spoke kindly of his murderer, and decried their warnings that he would "make good his threats."
    Among the strongest links of evidence to be introduced by the state will be the words of Banks before and after the murder. These include his interview with the United Press, in the Grants Pass jail; his letters to the state police and city police, warning that his arrest "would result in bloodshed, and probably my own death," and articles in which he threatened violence in opposition to constituted authority.
    Banks, in the Grants Pass jail interview, said: "I shot Constable George Prescott in defense of my home.
    "Poor George. I am sorry for him, but under the circumstances I could not have acted differently, and I would do the same thing again if anyone attempted to force his way into my home, as I have repeatedly warned them by letters and statements."
    The interview in full will be introduced to show premeditation and malice. It will also be shown that Banks planned flight after the killing, and had an auto ready to escape. The plan miscarried.
    E. A. Fleming, Jacksonville orchardist, present in the Banks home at the time of the murder, was taken to Eugene Friday and will be one of the chief witnesses for the state, who also indicate they will introduce "two or three surprise witnesses."
    Most of the Jackson County witnesses, including county officials, will leave early Monday morning for Eugene. The first day will be devoted it is expected to securing a jury. A panel of 48 new jurors has been drawn. The first witness is expected to be called by Tuesday afternoon and the trial finished by the end of this week.
    Judge Skipworth yesterday issued an order directing Jackson County to pay $1000 to Lane County for fees for defense witnesses. The money will not be advanced as proposed, and the court will pass upon the materiality of their testimony.
    The court yesterday also refused to issue an order granting "to any group" reserved space in the courtroom. Attendance will be limited to 225 persons, the capacity of the court room, and it will be cleared after every session.
Medford Mail Tribune, April 30, 1933, page 1


    EUGENE, Ore., May 1.--(AP)--Jurors accepted subject to challenge in the Banks trial late today were as follows:
    Mrs. Madge B. Addison, Isaac J. Yates, Addison Williams, B. Harry Brabham, Charles Stephens, Nellie H. Tyson, Thomas Pearce, R. H. Townsend, J. A. Phelps, Rhoda Hampton.
    Attorneys were examining the eleventh juror at 3 o'clock today. Following the acceptance of twelve jurors, they will be subject to twelve challenges by the defense and six by the state.
    EUGENE, Ore., May 1.--(AP)--With the defense springing surprise after surprise, the murder trial of Llewellyn A. Banks, former Medford publisher, and his wife, Edith R. Banks, got under way in Judge Skipworth's court today with "persecution to the point of desperation" indicated as its main line of counter-attack.
    The selection of the jury was the first business after the court was opened and the defense put this important work in the hands of Charles A. Hardy, of Eugene, one of the best known trial lawyers in Lane County, with a long experience and vast acquaintance back of him.
    Also the defense added to its battery of legal talent Frank J. Lonergan, of Portland, long-time member of the Oregon legislature and speaker of the house, who has a reputation as one of the cleverest defense lawyers in the state.
    It is expected he will handle much of the cross-examination of witnesses on political phases of the drama.
    This gives the defense five attorneys--Hardy, Lonergan, T. J. Enright of Medford, W. E. Phipps of Medford, and Joe Hammersly of Portland.
    Judge G. F. Skipworth opened the court in a businesslike manner, and the work of selecting a jury was begun. The defense did not move for separate trials for Banks and his wife, and the two are being tried together. The jury may, however, bring in separate verdicts in the case. They are charged with the first degree murder of George J. Prescott, Medford constable.
    As the questioning of the first juror was begun, Hardy indicated the direction in which the defense counsel will move when he asked:
    "If the evidence shows that L. A. Banks had, over a period of time, believed he was the victim of persecution, and that he had labored under that impression until it became unendurable, could you as a juror conceive a person being in that condition and bring in a verdict accordingly?"
    The state objected to this line of questioning, but the judge overruled the objection.
    "The question," Hardy continued, "is not whether Banks was right in believing he was persecuted but simply one of what was in his mind at the time."
    From this tine of questioning, observers were led to believe the defense will attempt to show that Banks was the victim of conditions which left him in a defensive mood and that he shot Prescott, not out of "premeditated malice," but as the defensive gesture of an overwrought mind.
    The courtroom was crowded as the trial got under way. Eight prospective jurors had been questioned and passed by noon, but the state and defense are still entitled to challenge the prospects.
Medford Mail Tribune, May 1, 1933, page 1


    EUGENE, May 2.--(AP)--A jury of six men and six women was completed in circuit court here this afternoon to hear the murder trial of Llewellyn A. Banks and his wife, Edith R. Banks.
    The jurors follow: Madge A. Addison, Isaac J. Yates, Will T. Townsend, Charles E. Ashby, Pearl Wicks, Mrs. D. D. Conley, Mrs. Lucy Ludford, Mrs. Myrl B. Lightfoot, J. A. Phelps, Soren Winther, L. K. Page and Mrs. Jessie Bertsch. Two alternatives being questioned were Raymond Dunning and Lee Young.
    EUGENE, Ore., May 2.--(AP)--William S. Levens, aged about 58, former director of prohibition in Oregon, died here today.
    Levens was here as assistant attorney general, directing the prosecution in the murder trial of Llewellyn A. Banks.
    He died after being taken to a doctor's office here shortly after court convened following the noon recess.
    Mr. Levens died shortly before 2 o'clock in a local doctor's office.
    He had not been in the Banks trial proceedings during the morning because of not feeling well.
    Ralph E. Moody, old friend of Mr. Levens, and associated with Mr. Levens in the handling of the case for the state, will carry on, it was said.
    The courtroom was stunned by announcement of Mr. Levens' death, but it was decided to finish drawing of the jury and then adjourn. The jury is nearly drawn, and the case is expected to hear opening statements Wednesday morning.
    Levens was formerly district attorney of Baker County. He was appointed state prohibition enforcement officer and in 1928 ran for attorney general of Oregon.
    He was regarded as a liberal, but was unrelenting in his attempts to enforce prohibition.
    He was appointed prohibition commissioner in 1925 while still prosecutor of Baker County, taking office at a time when the enforcement of the dry laws was in a chaotic condition.
    Arriving from Baker by train, he was met by reporters who asked him if he planned any radical changes. "Radical?" he queried, "I couldn't be radical if I wanted to be; I don't know how."
    EUGENE, Ore., May 2.--(AP)--With five "challenges" left to the defense and three to the state, the selection of a jury was nearing completion in the Banks case here Tuesday morning.
    Llewellyn A. Banks and his wife, Edith R. Banks, are facing a first degree murder charge, and as the state and defense saw their "challenges" thinning down and the jury nearly seated, they were training their big guns on the few remaining jurors with renewed intensity.
    The defense, which intimated it would use "persecution to a point of desperation" as its theme, continued this line of questioning today but concentrated also on assuring itself that the death of George F. Prescott, Medford constable, would not be given special significance by the jurors because he was an officer. The farmers on the jury panel were also rigorously questioned in regard to their views on cooperative marketing projects, to which Banks is vigorously opposed.
    The state contented itself with questions as to the juror's prejudices and the assurance that the state would be given a fair hearing as well as the defense. It was believed the opening statements would be made this afternoon.
    Frances Callison, wife of Prince G. Callison, Oregon football coach, was excused from the jury panel when she said she had lived in Medford for several years and knew many of the people involved.
    Both Banks and his wife will take the stand in their own defense later in the week, it was revealed here today by W. E. Phipps, Medford attorney on the defense staff and a personal friend of the defendants.
    The courthouse was crowded again today as the second day of the trial started, and several times Judge G. F. Skipworth had to rap for order as amusing replies from rural jurors brought forth bursts of laughter.
    EUGENE, Ore., May 2.--(AP)--With prospects of the jury box being filled and at least a few of the many witnesses taking the stand before the day is over, the trial of Llewellyn A. Banks, former Medford editor and orchardist, and his wife, Edith R. Banks, on charges of first degree murder swung into its second day today.
    The charges were brought against the two for the death of George Prescott, Medford constable, fatally shot when he attempted to serve a warrant on Banks at his Medford residence. The trial was moved here on request of the defense for a change of venue from Jackson County.
    Charles A. Hardy, Eugene trial attorney who is widely acquainted in Lane County, was retained by the defense in a last-minute surprise move and almost entirely directed the defense questioning of prospective jurors.
    Banks, who came to Medford from Riverside, Calif., was the center of a political storm that engulfed Jackson County for months. He organized the "good government congress," which demanded resignations of many county officers.
    Later he was among more than a score indicted for the theft of ballots from the county courthouse on the eve of a recount to determine the legality of the election of Sheriff Gordon Schermerhorn, whom Banks had supported. It was when Prescott attempted to serve the warrant in this case that he was slain.
    The defense indicated in its questioning of jurors that it will attempt to show Banks was "persecuted to the point of desperation."
    Aside from a reflective tapping of his fingers on the arm of his chair, Banks gave no outward evidence of nervousness as his trial got under way. Mrs. Banks smiled assuringly at him from time to time.
    Banks wore a light gray Norfolk suit. His wife wore a close-fitting black straw hat and a sealskin coat. Both watched intently as the attorneys proceeded with examination of prospective jurors.
    Housewives, farmers, loggers and laborers were largely represented on the venire from which the jury was being drawn.
Medford Mail Tribune, May 2, 1933, page 1


    Thirty-five legal actions, both civil and criminal, have been filed against L. A. Banks in circuit court in Jackson County since 1924, according to the files at the county clerk's office. Twenty-nine actions were civil, and six criminal.
    Included in the criminal actions is a grand jury indictment for criminal syndicalism, dated February 20, and an indictment for burglary not in a dwelling in connection with the ballot thefts, dated March 15. Two actions were for criminal libel, and one for contempt of court. The murder indictment was the last, and the one upon which he is now being tried.
    Most of the civil actions are for money allegedly due others, although some were for damages for libel.
    The list was prepared for use in the trial at Eugene.
Medford Mail Tribune, May 2, 1933, page 8


    EUGENE, May 2.--L. A. Banks, former editor and orchardist, now central figure in Southern Oregon's most sensational murder trial since the notorious DeAutremont trial of June, 1927, is a subdued figure as he sits, listening with something more than passing interest to the grim mechanics of the law revolve to decide his fate. At infrequent times there are flashes of his old fire--but always he returns very soon to an attitude of deep meditation.
    In his seat, flanked on three sides by lawyers and friends, he is barely visible to jurors and spectators. At times Tuesday, Banks had to crane his neck to see the jury box over the heads of his own counsel. He wore a suit of dark material with pin stripes.
    On one side, between the two defendants and next to Mrs. Banks, sits Charles P. Moran of Cleveland, Ohio, Banks' brother-in-law. On the other side, at arm's length, sits attorney Thomas J. Enright, with whom he frequently confers. Directly in front, at a table jointly occupied by the state, sit attorneys Hammersly,
Lonergan and Hardy--all masters of legal craft.
    Banks shows no visible signs of nervousness in the courtroom, but there is a slight change in his manner whenever his counsel mentions "persecution to the point of desperation." Outside the courtroom he is calm and respectfully pleasant.
    He came to court Tuesday morning under escort of the sheriff, a few minutes after the arrival of Mrs. Banks and the matron.
    Banks spoke cheerily to the gathering of lawyers, officers and newspapermen in the anteroom. During the morning recess, he conversed animatedly with Mrs. Ariel B. Pomeroy, who was later joined by her husband. He spent half of the 10-minute recess in the anteroom smoking, and shook hands with a Medford newspaperman attending the trial. He made no comment save "They are not making much haste."
    Mrs. Henrietta B. Martin, chief lieutenant of Banks in the activities of the "Good Government Congress," waited in the back of the courtroom for a chance to speak to Banks. She was asked for an interview by Eugene newspaperwomen, and granted it briefly.
    Mrs. Banks, facing trial with her mate, sits most of the time with eager attention for all that is transpiring as the drama in her life unfolds. At odd moments she sits with downcast eyes in deep contemplation.
    Both Banks and Mrs. Banks expressed deep regret at the sudden passing of Assistant Attorney General William S. Levens Tuesday. News of his death cast a somber note over the courtroom and the two gray-haired defendants.
    Levens complained to Medford friends Tuesday morning that he was ill, but dismissed it as of no consequence. Soon after court opened he excused himself and retired to his room. Shortly before noon a physician was called. Just before court opened in the afternoon he was stricken. As soon as the jury was selected, Circuit Judge Skipworth adjourned court until Wednesday afternoon. District Attorney George A. Codding then formally notified the attorney general's office at Salem of the death.
    Attorney Ralph E. Moody was named assistant Attorney General late Tuesday, and will have charge of the murder trial and ballot theft cases. He has been engaged in both cases since their inception. Moody has had wide experience in the law. He was in the legal department of the Southern Pacific railroad and engaged in securing the right-of-way for the Marshfield branch of that road. In the Harding and Coolidge administrations he was a U.S. assistant attorney general. He came to Medford about five years ago, and for a time was in the law office of A. E. Reames.
    Of the five attorneys engaged in the Banks case, Charles A. Hardy of Eugene is the most impressive.
    Recognized as one of the leading criminal lawyers of the state, and one of the two ranking counselors of Lane County, he is master of courtroom suavity, addressing all his queries to the jury in a conversational tone, with flashes of brilliant legal thinking. He is a man of pleasing appearance and personality, described by acquaintances as "a lawyer who knows his way around any kind of a trial." He enjoys a wide acquaintance in Lane County. His retention by the defense is regarded as "a master stroke."
    Another brilliant barrister associated with Hardy is attorney Frank Lonergan of Portland, no freshman himself in the arts of court procedure. Lonergan is a high state figure of the Knights of Columbus, speaker of the state legislative house, and a fiery cross-examiner. Once he was renowned as a football player in this state--for the Multnomah Club of Portland. He has a statewide acquaintance.
    At the Tuesday morning session, attorney Hardy questioned the jurors; Lonergan watched intently every word and move, and conferred several times with Banks and Charles P. Moran of Cleveland, Oho, former newspaper publisher. Lonergan also filed a motion before the court for a transcript of the proceedings.
    Attorney Lonergan spoke but once during the morning session of court, and then to say: "That's a bit argumentative. I would like to hear some questions asked." He was objecting to the state's questioning of Soren Winther, a prospective juror, later excused.
    The remainder of the defense's battery of attorneys--Joseph L. Hammersly of Portland and attorneys W. E. Phipps and T. J. Enright of Medford played busy, if silent roles, and took copious notes.
    Mrs. Pearl Wicks, who 20 years ago taught school in the Butte Falls district of Jackson County, is one of the 12 jurors and two alternates impaneled in the case.
    Mrs. Jessie Bertsch of Springfield, the last juror selected, after the defense had exhausted all its challenges, said in response to queries that she had friends in Jackson County, and named them as the families of Dr. Martenson, Harry Gillette and Harry Gile. Mrs. Bertsch said her Medford acquaintance was small. Mrs. Wicks said she knew few, if any, Jackson County residents now.
    Neither Mrs. Wicks nor Mrs. Bertsch, they testified, had any intimate knowledge of the Jackson County turmoil, had never talked about it, and all they knew about it was "what they saw in the headlines, and paid little attention."
    The age of the jurors range from Mrs. Bertsch, perhaps 35 years old, to Mrs. Madge P. Addison of Lorraine, perhaps 65, and L. K. Page, about the same age, and a retired sea captain. Mrs. Addison, a trim matron, was dressed in black. Other women members are Mrs. Myrl Lightfoot, a young Eugene housewife, Mrs. D. D. Conley of Crow, a farmer's wife, and Mrs. Lucy Ludford of Eugene.
    The remaining personnel of the jury is composed of Charles G. Ashby, clerk, Eugene; Will L. Townsend, laborer, London; Isaac P. Yates, laborer, Blachly, and J. D. Phelps, a farmer of Goshen. Raymond Dunning, farmer, and Lee Young, forester, are alternates.
    The jury is divided--six to six--between men and women, and none of either sex, they told the court, have conscientious scruples against capital punishment.
    The court directed that the jurors return to their homes and make preparations for a long stay away from their families. They were cautioned "not to read the newspapers" during their term of service, and were placed in the hands of bailiffs st 5:30 o'clock. The court advised the jury they "would be accorded every comfort possible, and all your wants will be cared for by the bailiffs."
    Only one of the many jurors examined Tuesday expressed any conscientious scruples against hanging as a penalty for conviction of first degree murder. He was Virgil Ayers, 20, a young farmer.
    Attorney Moody of Medford, who questioned the jurors, stressed the capital punishment angle in his queries, and frequently declared, "whether Banks was an editor or an orchardist is not an issue in this trial."
    Attorney Handy for the defense, when questioning some jurors, asked if "the fact that Banks aroused antagonism by his attacks on farm marketing methods and sales of produce" and "might be assumed to be radical in some of his views of these subjects, would influence you in your verdict." Attorney Hardy touched lightly on "the persecution to the point of desperation" question. He asked Arthur S. Olsen, a Creswell storekeeper, if he could realize the position of a man under great mental stress. Olesen was excused by the court on the showing that he was acquainted with a number of state police officers.
Medford Mail Tribune, May 3, 1933, page 1


    EUGENE, Ore., May 2.--(AP)--With the state claiming it can prove L. A. Banks shot Constable George Prescott as the culminating crime in a series of cleverly dramatized political plots, the trial of the ex-Medford publisher and his wife got under way this afternoon.
    The first order of procedure following the reading of the indictment was the "opening statements," the formal declaration of what each side seeks to prove. Testimony taking comes next. Ralph E. Moody, taking the place of William S. Levens (who died suddenly yesterday) painted a startling picture of the chief defendant as a fanatical rogue.
    For the defense, Joe Hammersly opened some more of the promised "bag of surprises" by meeting the state's charges head-on with the statement that the defense would be able to disprove every one of them and show that Banks in defending his home against assault put no personal malice against Prescott behind his bullets.
    The aged Moody, former Assistant United States attorney general, entered the courtroom Wednesday afternoon armed with papers from Governor Meier appointing him assistant state attorney general. He was sworn in Wednesday morning by Judge G. F. Skipworth of the circuit court and will be the state's chief prosecutor in the case.
    Speaking without a prepared statement and taking each of the state's proposed proofs in their order, he told the jury that Llewellyn A. Banks and his wife, Edith R. Banks, knowingly and willfully killed the Medford constable, Banks by pulling the trigger of the rifle and Mrs. Banks by holding the door part way open to give him a dead shot.
    Mrs. Banks appeared unmoved as the state's case was mapped out, but Banks drummed nervously on the arm of his chair with his fingers.
    The jury of six men and six women, picked yesterday afternoon and isolated from their friends and relatives until the case is over, leaned forward in the box as the state opened its case. The packed courtroom, from which many spectators had been turned away, was likewise tense as Moody, still visibly shaken by the death of his friend and colleague, dramatically presented the state's opening charges.
    Insanity will not be the defense plea. This was indicated by Hammersly as he opened the defense statement. The defense will seek to prove that the shooting was the defensive gesture of a "cornered creature in the defense of his home."
    "Mrs. Banks? She is just a wife and mother who had no part in the affair. Her presence here would be ridiculous if it were not pathetic."
    Banks was pictured by the state as a cold-blooded murderer, proud of his deed, and Mrs. Banks as his willing accomplice.
    EUGENE, Ore., May 3.--(AP)--Prosecuting attorneys trying Llewellyn A. Banks and his wife, Edith R. Banks, for first degree murder, today were rechecking their plans, a move made necessary by the sudden death from heart attack yesterday of William S. Levens, 60, assistant state attorney general assigned to handle the trial.
    Although selection of the jury was completed yesterday after word of Levens' death reached the court, Circuit Judge G. F. Skipworth later ordered adjournment until 1:30 p.m. today to allow the prosecution to reorganize itself.
    With this in view, Ralph Moody of Medford, former assistant United States attorney general, was hurriedly sworn in last night as special assistant state attorney general to assume charge of the case for the state. Moody had already identified himself with the prosecution at the request of Levens, long a friend of his, and he was questioning prospective jurors yesterday when word was received that Levens had died in a doctor's office nearby.
    The jury, completed late yesterday, remained locked up today pending resumption of the trial. Judge Skipworth, in ordering them locked up last night, indicated that procedure would be followed until the trial is over.
    Deserting temporarily its line of questioning of prospective jurors in accordance with its theory that Banks was "persecuted to a point of desperation," and was in an overwrought frame of mind when Constable Prescott was shot, the defense yesterday sought the views of the panel on cooperative farm projects and marketing. While editing a Medford paper, Banks had made a vigorous fight against such farm enterprises. The state confined its questions largely as to the jurors' prejudices and the assurance the state as well as the defense would be given a fair hearing.
    Assistant State Attorney General J. M. Devers, whose work is largely confined to the state highway commission, came here from Salem last night with the papers authorizing Moody to carry on the work started by Levens.
    Moody was assistant United States attorney general under the Harding and Coolidge administrations, and a considered one of the most colorful attorneys in this state. Assisting him with the prosecution are George Codding, district attorney of Jackson County, and Deputy District Attorney Neilson, also of Medford.
Medford Mail Tribune, May 3, 1933, page 1


    EUGENE, May 3.--Twelve witnesses for the defense--all more or less active in the activities of the "Good Government Congress"--became public Tuesday, when they applied to the clerk of Lane County for mileage fees. Circuit Judge George F. Skipworth directed the Jackson County district attorney to approve their mileage, following the filing of a request for same by Defense Counsel Thomas J.
Enright.
    The defense witnesses are:
    J. Arthur LaDieu, former business manager for Banks' morning newspaper, and at liberty under $7500 bonds for ballot theft.
    Mrs. Henrietta B. Martin, president of the "Good Government Congress," catspaw of Banks in the tumultuous days of January and February, and at liberty on $2500 bonds for "riotous conduct" in connection with the buggy-whipping of Leonard A. Hall, editor of the Jacksonville Miner.
    Walter Jones, mayor of Rogue River, on liberty on $7500 bonds for ballot theft, and one of the leading figures in several of the courthouse "demonstrations."
    L. O. VanWegen, tong-time resident of Jackson County, asserted aide of Mrs. Martin in her street lashing effort, reputed "congressman," and at liberty on $1500 bonds for "riotous conduct."
    Amos W. Walker, deputy sheriff named by County Judge Earl H. Fehl, at his home on the morning suspended Sheriff Gordon L. Schermerhorn was sworn into office. Walker was deposed as probation officer for the county court, upon the recommendation of the grand jury.
    Mrs. Ariel B. Pomeroy, intimate friend of Mr. and Mrs. Banks, and active in "Good Government Congress" activities.
    May Powell, Jackson County resident and bondswoman for some of those indicted for ballot theft.
    P. M. Morrison of the Ashland district, close friend of Thomas L. Brecheen, held in the county jail awaiting long-deferred bonds for ballot theft.
    Mrs. May Murray, Effie Lewis, John Wheeler and B. A. Boyce, all residents of Jackson County, are the remaining defense witnesses.
    According to state officials, a number of the defense witnesses as above listed have secured apartments a block away from the courthouse.
    Attorney William E. Phipps of Medford, of the defense counsel, said Tuesday that "fifteen or sixteen witnesses--maybe more--would be called in Banks' behalf." Attorney Phipps thought the trial would be concluded by the end of the week
    Besides the above, the following Medford and Jackson County people are attending the trial, as witnesses or spectators:
    Mr. and Mrs. Henry Fluhrer. The Fluhrer plane landed here Sunday on a return trip from Portland, and is undergoing slight mechanical repairs and waiting for the weather to clear, before taking off for home.
    George Hilton of Grants Pass, former Medford resident, and Tom H. Pankey of Central Point, County Engineer Paul B. Rynning, Henry W. Conger, former coroner, W. J. Looker, court reporter, engaged in taking stenographic notes; Sam Carey. clerk and former ad solicitor of the Banks paper, Virgil Edington, Gold Hill High School boy; Sheriff-Appointee Walter J. Olmscheid, Attorney E. E Kelly, Chief of Police Clatous McCredie, County Clerk George R. Carter, County Physician C. I. Drummond and former County Physician B. C. Wilson.
Medford Mail Tribune, May 3, 1933, page 1


    Two petitions in bankruptcy were filed against the L. A. Banks interests yesterday. The first is against Mr. Banks and his wife, Edith R. Banks, the hearing upon which is set for May 13. The second is against the Suncrest Orchards, Inc., and the hearing will be May 17.
    Attorney Frank DeSouza represents the petitioners in the case against Mr. and Mrs. Banks, and attorneys Roberts and McAllister those against the Suncrest Orchards. Attorney A. C. Hough of Grants Pass represents the defendants in both cases.
    The hearings will determine whether or not Mr. and Mrs. Banks and the Suncrest Orchards, Inc., should be adjudicated involuntary bankruptcy.
Medford Mail Tribune, May 3, 1933, page 6


    EUGENE, Ore., May 3.--(UP)--Fearing theft of important evidence in the first degree murder trial of Mr. and Mrs. Llewellyn A. Banks, Sheriff C. A. Swarts has placed an armed guard around the Lane County courthouse.
    Banks is alleged to have shot Constable George Prescott when the officer tried to serve a warrant on him for alleged complicity in theft of election ballots in Jackson County.
    All doors and windows were locked, with only the front door open to privileged officials. Witnesses, many of whom are from Jackson County, will be searched for concealed weapons before they are allowed to enter the courtroom to testify.
Medford Mail Tribune, May 3, 1933, page 7


    EUGENE, Ore., May 4.--(AP)--A horrible picture of sudden death was painted by Officer James O'Brien of the state police as he described in grim detail the killing of his friend, Constable George F. Prescott, in Medford March 16.
    Called to the witness stand by the state in the trial of Llewellyn A. Banks and his wife, O'Brien told of accompanying Prescott to the Banks home on the morning he was slain.
    "We went up on the porch to serve a warrant on Banks. I knocked on the door and Mrs. Banks opened it. 'What is it?' she asked. 'I have a warrant for Mr. Banks,' Prescott told her. Mrs. Banks started to close the door and Prescott put his foot on the threshold.
    "'Just a minute,' he said. 'I'll read it!' Just then I looked through the window and saw Banks leveling his rifle. Banks called 'Look out!' I tried to pull Prescott down out of the way, but there was an explosion in my face. The bullet struck Prescott's hand before entering his body. Splinters of bone and flesh hit my eyes. Prescott's teeth fell out of his mouth."
    EUGENE, Ore., May 4.--(AP)--A. E. Fleming, Jacksonville orchardist, who was in the Banks home at the time of the Prescott killing, took the stand in the Banks murder trial Thursday and told a graphic story of the events which immediately preceded the Medford tragedy.
    He was brought from his cell, where he has been held incommunicado by the state as a material witness, and his appearance created the biggest stir of excitement in a morning crowded with surprises and the exchange of biting repartee between state and defense counsel.
    Fleming was the second witness of the morning and the fourth called by the state. He has been heralded as the biggest gun in the prosecution arsenal, for it is on his testimony the state hopes to convict Mr. and Mrs. Llewellyn A. Banks for the premeditated murder of Constable Prescott. Fleming followed Verne Shangle, Medford photographer, who identified pictures presented in evidence by the prosecution.
    "I am being framed on the ballot charges," Fleming quoted Banks as saying. "I have written letters warning them (the officers) not to come. They will never take me except over dead bodies, and even then I will be carried out feet first."
    Fleming did not see the shooting, according to his testimony, as Banks had warned him to leave when the officers were heard at the door. He did see the top of Prescott's head over the window, however, and said he could identify the officer, as he had known Prescott many years.
    As Fleming started out through the back of the house he heard Banks say: "Get out" or "Look out," and almost simultaneously he heard the sound of a gun. Fleming said he "kept going" and was arrested by an officer as he went out the back door.
    The first surprise of the morning came when Frank Lonergan of the defense staff moved that "all evidence presented by the state be excluded, as the district attorney's office of Lane County was not represented on the prosecution counsel and therefore the entire procedure was illegal."
    Had the defense move been sustained by Judge Skipworth it would have virtually amounted to a dismissal of the case. While it is believed the defense had no hope of the move being sustained, it wanted the legal strategy written into the records in case of subsequent appeals.
    The counsel for the state and the defense, who had maintained an air of friendliness during the selection of the jury and the opening statements, grew hostile during today as the questions of Shangle, Medford photographer, got under way.
    Several skirmishes between Moody and Lonergan drew spontaneous bursts of appreciation and enjoyment from the crowd, and Judge Skipworth had to instruct the bailiff to maintain order.
    Shangle identified pictures of the Banks residence, the door through which the bullet passed, the interior of the house and other routine photographs which were submitted as evidence.
    A shudder swept through the press box and gallery as photographs of Prescott's body were identified by Shangle, but the pictures were not submitted as evidence and as yet the jury has not been allowed to see them. Nor were they referred to any questioning as the Prescott pictures were discussed simply as photographs taken on the morning of March 16.
    A picture of a rifle, revolver and cartridge belt taken at the Banks home following the shooting was not admitted in evidence when defense counsel objected on the grounds they had not yet been identified in any way as being connected with the case.
    EUGENE, Ore., May 4.--(AP)--The opening arguments concluded, the state prepared today to put its witnesses on in rapid succession in the circuit court trial here of Llewellyn A. Banks, former Medford editor, and his wife, Edith R. Banks, for first degree murder.
    Two witnesses were called before yesterday's half-day session was concluded. Most of the session, shortened because of the sudden death Tuesday of William S. Levens, special prosecuting attorney, was devoted to arguments.
    The state declared that Banks is a "fanatical rogue," who shot and killed George Prescott, Medford constable, in cold blood when he attempted to serve a warrant on him March 16 at his home. The defense answered that the former editor was "a cornered creature," who, overwrought by county officials who had persecuted him, slew the constable as a defensive move to protect his home. The trial, now in its fourth day, was moved here from Medford on a change of venue.
    Defense attorneys, reviewing Banks' life, disclosed that he had made and lost several fortunes. Born in Ohio and raised on a fruit farm, he entered the fruit distributing business. There he successfully built up a fortune, but lost it in the panic of 1907. He went to Riverside, Cal., where he acquired possession of a citrus ranch of 1000 acres. The defense said that Banks fought with an association that purchased from producers at what he believed was an unfair price.
    He came to Oregon in 1921 after having loaned a Rogue Valley orchardist $25,000. In Jackson County he paid $200,000 for 650 acres of orchard lands. Banks quarreled with a packers' association for similar reasons he had found in the south, the defense declared, and this was the beginning of a series of disputes that spread when Banks acquired control of a Medford daily newspaper and reached its climax in recent months in a county-wide storm. In those last months Banks demanded the wholesale resignation of county officers and organized the "Good Government Congress" to work toward that goal.
    On the eve of a recount to determine the legality of the election of Sheriff Schermerhorn, whom Banks had supported, 10,000 ballots were stolen from the county court house. Banks was one of more than a score indicted in this connection, and it was when Prescott attempted to serve the resulting warrant that he met his death.
    George Carter, county clerk of Jackson County, was the first witness called. He produced the warrants taken from the body of the constable after he was shot. Over the objection of the defense, these were introduced along with copies of the indictment.
    Paul B. Rynning, Jackson County engineer, introduced a floor plan of the Banks residence.
Medford Mail Tribune, May 4, 1933, page 1


    EUGENE, May 3.--Suspended Sheriff Gordon L. Schermerhorn and Dr. F. G. Swedenburg of Ashland were added Wednesday to the list of witnesses for the defense in the trial of L. A. Banks and his wife, Edith Robertine Banks, charged with first degree murder for the slaying of Constable George J. Prescott. Dr. Swedenburg was associated with Banks in orchard and the Black Channel mine deals, and was his physician. The nature of his forthcoming testimony has not been revealed, but it is believed to be along medical lines.
    Suspended Sheriff Schermerhorn visited the Banks home shortly after the murder and was with state and city police during the first examinations of the scene.
    Two Medford photographers--Verne Shangle and B. R. Harwood--have been subpoenaed to produce photographs of the scene of the slaying, exterior and interior. The photos will show where Banks stood when he fired the fatal shot, the door, and Mrs. Banks' position near the door. Shangle is listed as a state witness, Harwood as a defense witness.
    Mrs. J. C. Barnes. well-known Medford woman, F. M. Rodman, and Miss Charlotte de Ford of Tillamook, Ore., have also been called as state witnesses. Mrs. Barnes and Rodman live near the Banks home, and from their windows and porch watched the arrival of Constable Prescott and Sergeant James O'Brien of the state police. with the warrant. Miss de Ford was a visitor in Medford at the time.
    The list of state witnesses, as submitted to the Lane County clerk's office, is as follows:
    E. A. Fleming, Jacksonville orchardist, in the Banks home as a visitor at the time of the murder; Thomas Williams, Medford youth, who Mrs. Banks gave a note to deliver to the state police, as he walked by the murder spot; Tommy Curran, a spectator at the Banks home immediately following the tragedy; attorney E. E. Kelly, Janet Clements Guches, secretary to Banks, who left the Banks home 15 minutes before the slaying, after taking dictation from Banks. Mrs. Guches departed as Fleming entered the Banks home. Her husband, Chester Guches, is also called as a witness for the state.
    Clatous McCredie, Medford chief of police, close personal friend of the slain officer, among the first to arrive at the murder spot; Dr. C. I. Drummond, county physician and Dr. B. C. Wilson, former county physician, who conducted an autopsy over the murdered officer; County Clerk George R. Carter, who will testify to legal documents and warrants in the case, and Earl Bryant of Jacksonville, who entered a plea of guilty in the ballot theft case, and whose home last winter was set fire, while his family slept. Nick Kayl, the home owner, confessed he planned to burn down the house to collect the insurance. Kayl is now serving five years in state prison.
    Chief jailer Fred Kelly, in close touch with Banks since his incarceration, County Engineer Paul B. Rynning, attorney Gus Newbury, W. H. Conger, former coroner, Captain Lee M. Bown, who arrested Banks, and escorted him to the Josephine County jail, and Sergeant James O'Brien, of the state police, who accompanied Constable Prescott to the porch of the home, where the murder occurred.
    It is reported that the state has other witnesses in reserve it will call in rebuttal if the defense evidence warrants.
    The complete list of defense witnesses, as submitted to the Lane County clerk, is as follows:
    Mrs. Ariel Burton Pomeroy, intimate friend of the Banks, and active in "Good Government Congress" circles; Mrs. Henrietta B. Martin, president of the "Good Government Congress" and its chairman at all assemblies; J. Arthur LaDieu, former business manager for the Banks newspaper, and indicted for ballot theft; L. O. VanWegen, asserted chauffeur of Mrs. Martin, and her companion on the buggy-whipping of editor Leonard N. Hall of the Jacksonville Miner; Amos C. Walker of Central Point, a deputy sheriff the first two months of the year; P. M. Morrison of the Ashland district, and friend of Tom Brecheen, held in the county jail for ballot theft due to inability to raise $7500 bonds; A. J. Cox, John Wheeler, Effie Jones, May Murray and May Powell.
Medford Mail Tribune, May 4, 1933, page 1


    EUGENE, May 3.--Attorneys and officials connected with the murder trial of L. A. Banks, former Medford orchardist and editor, and his wife, Edith Robertine Banks, predict that the case will be in the hands of the jury not later than next Wednesday, May 10. All the evidence in the case, it is anticipated, will be concluded by early Monday.
    The better part of a day and a half is expected to be allotted to the attorneys for closing arguments of both state and defense. The instructions of the court are also expected to require an hour or more.
    Closing arguments for the state will be made by attorney Ralph E. Moody of Medford, named assistant attorney general to handle the case following the sudden death of Assistant Attorney General William S. Levens, Tuesday, and District Attorney George A. Codding.
    Closing defense arguments will be made by attorneys Charles A. Hardy of Eugene and Frank J. Lonergan of Portland, who entered the defense at the eleventh hour, and are known as brilliant pleaders and orators. Attorney Tom J. Enright, a personal friend of Banks and personal counsel in many matters, will also make a closing jury address, it is expected. The main oratorical burden of the defense is expected to rest upon attorneys Hardy and Lonergan.
    Banks was closeted with his counsel until late Tuesday night in his cell in the county jail here, and another conference was held Wednesday morning.
    Attorney William E. Phipps of the defense has announced that both Banks and Mrs. Banks will be called to the stand in their own behalf and as chief witnesses for the defense.
    Interest of Eugene in the trial is still normal and lacks the local angle, intensely. The afternoon crowds so far have been large, but many empty seats at the morning sessions. The trial lacks the fervor of recent similar gatherings in Medford, in which Banks was an actor. Here it is only a passing topic of conversation in hotel lobbies, cigar stores and on street corners.
    The court room where the drama of Jackson County will be retold is about the size of the court house at home, and seats 225 people. A liberal space is roped off for jurors and witnesses, and the balance of the space is open to spectators. A stern bailiff stands at the main door. When the court room is comfortably filled the spectators are barred. There is no further entrance until recess.
    Circuit Judge Skipworth is a strict disciplinarian. Any giggling, or undue commotion, brings immediate rapping of the gavel and the words: "Mr. Bailiff, maintain order."
    The opening statements Wednesday afternoon brought a number of Medford lads and lassies, now at the University of Oregon, to the trial, including a number of law students. High school students of civics are also desirous of seeing court procedure at close range.
Medford Mail Tribune, May 4, 1933, page 1


    EUGENE, May 4.--The state of Oregon, through its assistant attorney general, Ralph E. Moody of Medford, in the opening statement in the trial of L. A. Banks and his wife, Edith R. Banks, charged with first degree murder for the slaying of Constable George J. Prescott last March 16, pictured the former editor, orchardist and agitator as a "murderer who laid in wait for the coming of Constable Prescott, fired through a narrow opening in the door, opened by his wife, and slew him. It was deliberate and premeditated. It was the culmination of a series of cleverly dramatized plots."
    "The defendant, after the commission of the crime, admitted it, in press interviews, seemed proud of it, and said he would do it again." The prosecutor, near the close of his 45-minute address, pictured the Banks home on the murder morning.
    For the defense, attorney Joseph L. Hammersly of Portland said in part:
    "Defendant Banks had been under a severe mental strain for months. He had packed his hunting paraphernalia for a hunting trip. He wanted to get away from the Jackson County turmoil. For ten days before the unfortunate climax, defendant Banks never left his home. He even had a barber come to shave him. People came to him, many of them, telling him of threats against him and his property. This man Fleming came, and told him things. Told him he would be arrested for inciting a revolution. Mr. Banks then dictated two notes, addressed to the officers. He was ready to leave. He wanted to get away from the trouble. Then the officers came. He saw Mrs. Banks, who had answered the knock, struggling to keep the officers out. She was trying to keep the door shut with all her might. Banks believed the door would be broken down. He viewed the officers as marauders.
    "Then, under the mental strain of many months, he fired. He couldn't see. But the bullet sped its way, and killed George Prescott."
    Attorney Hammersly, in his remarks, pictured Banks as "a fiery crusader, battling for the rights of the underdog" and "paying cash for the first time in the history of Jackson County for fruit, and saving $800,000 a year for the small growers." He traced Banks' ancestry back to the Mayflower, and reviewed his life, from a young man in Ohio, until he was induced by a friend to make an investment in Rogue River Valley. Mention of his father visibly affected Banks.
    "Defendant Banks accumulated a considerable fortune by his fruit distributing business in Ohio--one of the largest agencies of its kind in the country. He lost everything in the panic of 1907. In the language of the street, he was "wiped out completely.
    "He knew the fruit business," continued Hammersly. "He came to California. From 1910 to 1926, he transacted a business that totaled more than $20,000,000. He was operating as an independent--buying for cash. He came in conflict with other interests, buying on assignments."
    The coming of Banks was outlined then by his counsel to the Rogue River. He made an initial investment of $25,000, the attorney said, "and then, perhaps fascinated by the beauties of Southern Oregon, purchased 650 acres of orchard land." His entry into the newspaper field was then told. "Defendant Banks was not a newspaper editor--he was not a writer. He denounced the packing association, bankers, and other big interests. Again he was brought into conflict. It grew intensity, until it culminated in the tragedy of March 16. He was a crusader in his views."
    Assistant Attorney General Moody confined the state's case to the events of March 16. After the introductory remarks, attorney Moody, his rich voice booming to the farthest corner of the courtroom, said, "The state expects to prove the following facts, and so doing will receive a verdict of conviction.
    "In February of this year, a burglary took place in the courthouse of Jackson County, at Medford, Oregon, and official ballots were stolen from a vault. On March 15 last, the grand jury of Jackson County returned an indictment. Among those indicted was this defendant, L. A. Banks. The indictments were reported to the circuit court.
    "Bench warrants were issued for the arrest of the indicted men, and placed in the hands of Constable George J. Prescott, because the sheriff was among the indicted men. Constable Prescott, assisted by the state police and other officers, started to serve the warrants. Some arrests had already been made."
    Attorney Moody then described dramatically the incidents immediately preceding the fatal shooting, as follows:
    Mr. Prescott and Officer O'Brien of the state police went to the front door of the Banks home at 1000 West Main Street, in the city of Medford. They rapped, and Mrs. Banks opened the door, asking:
    "Who is there?"
    Mr. Prescott replied: "I am sorry. but I have a warrant for the arrest of your husband, Mr. Banks."
    "The door was opened five or six  inches," Moody continued, as the packed courtroom and jury listened with high interest, "held by a burglar chain. Mr. O'Brien looked through the window of the door. He saw Mr. Banks, 30 or 35 feet away, and he had in his hand a Newton .30-.065 high-powered big game rifle. Mr. O'Brien saw him aiming deliberately at the door. He said to Mr. Prescott, 'Look out!' and started to press him away, but this defendant shot through the five-inch crack in the door. The bullet hit Mr. Prescott's hand as he was withdrawing the warrant, and passed into the body, causing practically instant death. Mr. Prescott did not live long enough to complete the sentence on his lips.
    "Officer O'Brien stood so close to his companion that the blood from the hand wound splattered on his clothing, and splinters from the door, as the bullet passed through the edge, hit him in the eye. For safety's sake, O'Brien laid down on the porch. He then looked through another window, and saw Banks reloading his rifle. He knew it would be suicide to enter. He went for assistance.
    "Immediately following the crime, Mr. Banks was cool, calm and collected. Immediately following the crime, Mrs. Banks was calm, cool and collected. They acted with deliberation and premeditation," attorney Moody declared.
    The chief state attorney declared that E. A. Fleming, Jacksonville orchardist, "will testify that shortly after he arrived at the Banks home, Banks said to him:
    "I understand there are warrants out for my arrest. No officer will take me. If they try it, I will walk out over their dead body."
    Fleming, counsel said, tried to dissuade Banks, who replied: "I am going to do it."
    "Fleming will testify further," Moody declared, "that when the rap came, Mrs. Banks started for the door, and as she did so, said to her mate:
    "The officers are here."
    Banks replied, the state said Fleming will testify:
    "Hand them the letters I dictated this morning." The letters, addressed to the heads of the state police and city police, declared Banks would not submit to arrest, and threatened bloodshed.
    "Just before the fatal shot was fired," Fleming will testify, "Banks called to his wife, 'Look out!' and she stepped out of range.
    "There were other people in the Banks home that tragic morning. From the witness stand they will tell you that Banks told them: 'Go away, there might be trouble.'"
    Mrs. Banks' "proceed in order" note to the officers was also cited.
    "The evidence the state will present will warrant a conviction of these two defendants at your hands. Every essential fact will be proven, beyond reasonable doubt."
    Attorney Moody, in his opening statement, made no mention of the death penalty.
    Attorney Hammersly of the defense said during the recess that the defense would be "a general defense of not guilty, which permits the use of all defenses." However, from his speech, court observers drew the conclusion self-defense, defense of the home, and great mental strain would be stressed.
    During the opening statement of attorney Moody, Banks was visibly nervous, and at one time his brother-in-law, Charles P. Moran of Cleveland, O., placed his hand on his shoulder, and comfortingly patted him. Banks visibly brightened after attorney Hammersly started speaking, and conferred often with attorneys Phipps and Enright.
    Mrs. Charles P. Moran, a sister of Banks, occupied a seat by Mrs. Banks Wednesday afternoon. Mrs. Banks sat with bowed head most of the afternoon, in a very solemn mood, seldom lifting her eyes from the floor.
    The jury of six men and six women paid keen attention to both attorneys. The courtroom was full, with a large crowd in the hallway. The defense asked that all witnesses be excluded, leaving a large vacant space. Spectators were then admitted, as the court admonished, "Now don't let the whole town in, Mr. Bailiff." When court adjourned, the judge said, laughingly: "Don't all the spectators try to get out at once, or somebody might get hurt."
Medford Mail Tribune, May 4, 1933, page 1


    Defended by an imposing array of legal talent, L. A. Banks, former editor and orchardist of Medford, went on trial Monday at Eugene for the murder of Officer George Prescott.
    A jury of six men and six women was completed Tuesday evening, and the trial progressed yesterday with the opening statements of prosecuting and defense attorneys, who outlined the points they will seek to prove to win their respective cases.
    The death Tuesday afternoon of Prosecuting Attorney Levens, who was handling the state's case, interrupted progress of the trial until Wednesday afternoon, when it was resumed with Ralph E. Moody of Medford, former United States Attorney, as chief counsel for the state. He received his appointment from Governor Julius L. Meier.
    Banks' attorneys revealed Monday while questioning prospective jurors that they would seek to prove that the killing of Prescott was the climax of long persecution endured by Banks, and that the act was the result of "persecution to the point of desperation."
    The state proposes to prove that Banks was a "fanatical rogue" and that the murder climaxed his attempts to gain political power by stirring up farmers and others in the Rogue River Valley.
    The defense maintains that on the morning of the shooting Banks was preparing to go to the mountains for a rest, following his many financial difficulties which resulted in civil cases causing him to lose his newspaper and much orchard property.
    They stated that he was taking with him his rifle and revolver and that when the officers arrived to arrest him he snatched up the rifle and fired at the men who personified the troubles that had hounded him for months.
    E. A. Fleming, one of his followers who was in the home at the time, quotes Banks as having said that "Warrants have been issued for me, but no officer will take me. If they try it, I will walk out over their dead bodies."
    The defense holds that this was a statement of a man persecuted beyond endurance, while the state will seek to show that Banks had planned the shooting and had fortified his home until it was a veritable arsenal for just such an occasion.
    With the presenting of evidence under way Wednesday afternoon, the first witness, County Clerk Geo. R. Carter, introduced the blood-stained warrants taken from Prescott's body soon after the shooting. The warrants, together with copies of an indictment for ballot theft, were admitted as evidence over protests of the defense. Paul B. Rynning, second witness, presented a map of the commodious Banks home showing the positions of the principals in the murder and other important physical aspects.
Gold Hill News, May 4, 1933, page 1


    EUGENE, Ore., May 5.--(AP)--"We did!" On these two words, said to have been uttered by Mrs. Edith R. Banks in answer to the question, "Who killed Prescott?" the state hopes to convict the wife of the Medford ex-publisher, along with her husband, for the death of the Jackson County constable.
    As a hushed audience leaned forward this afternoon, Tommy Williams, oil truck driver, dramatically told of his conversation with Mrs. Banks as he stood beside the body of the fallen officer.
    Mrs. Banks had handed Williams a note to be given to the state police. The note read: "Come and get George Prescott and you will be all right. Then proceed in order.--Mrs. Banks."
    "I had been driving past the house in my truck when Mrs. Banks waved for me to come over. I hesitated. Her arm was sticking out through the door and in her hand was what looked like a letter," said Williams.
    "I approached but did not go up on the porch. She asked me again and then a third time. Finally I went up on the porch. She handed me the note, which was on a card. I read it.
    "I said, 'Where is he?' (referring to Prescott).
    "She said, 'There,' and pointed to the body.
    "I said. 'Who killed him?'
    "She said, 'We did!'
    "I took the note to the state police."
    Thus was the opening shot fired in the state's case against Mrs. Banks, who thus far has figured only casually in the state's evidence against the couple. Williams testified just before the court adjourned for an hour as a gesture of respect to Wm. S. Levens, chief prosecutor, who died this week.
    The jury was instructed to disregard Mrs. Banks' note and conversation as far as it concerned Mr. Banks, but the evidence was admitted in the state's case against the woman.
    Williams had followed Frank Perl, Jackson County coroner, and H. W. Conger, Medford undertaker, who handled the body of Prescott.
    Perl's part in the case was roughly criticized by attorney Frank Lonergan, chief of the defense counsel, who forced the coroner to admit he had not taken charge of the weapon used in the killing and had not examined Prescott's weapon to see if it was loaded or had been fired.
    Prescott's revolver was still in its holster when the coroner investigated and was later taken by the state police, according to Perl. The rifle allegedly used by Banks was also taken by the state police despite the fact, as Lonergan put it, that the coroner's duty was to take charge of such evidence.
    EUGENE, Ore., May 5.--(AP)--A spectacular battle of words enlivened the murder trial of Llewellyn A. Banks and his wife, Edith R. Banks, here today as Frank Lonergan, chief of defense counsel, and Officer James O'Brien, state policeman, matched wits in cross-examination.
    O'Brien, a detective sergeant of the state police, was the officer who accompanied George J. Prescott to the Banks home on the morning of the Medford tragedy. He had testified for the state Thursday afternoon and his cross-examination was continued Friday.
    Every item of O'Brien's testimony for the state was subjected to a withering fire by the Portland attorney, with the officer standing his ground. It was when Lonergan dropped his demeanor of quiet interest in O'Brien's answers and suddenly turned on the officer with the question, "Is it not true that you arranged the rifle, the revolver and the cartridges on the table where you later testified Banks had placed them" that O'Brien became angered.
    "It most certainly was nothing of the sort!" he replied heatedly. "I had nothing to do with the weapons except to see them as I entered the room!"
    Benton C. Wilson, Medford doctor, who took part in the autopsy following the death of Prescott, was next called by the state and testified that the bullet wound in Prescott's hand had been surrounded by splinters of wood. The bullet had entered the constable's body at the shoulder, ranged down into the body and the pieces of metal were found under the skin in Prescott's back.
    Col. E. E. Kelly, Medford attorney, was the state's second witness of the day. He said he had arrived at the Banks home after the killing and just before Banks was arrested. Kelly said he had wiped the blood off the face of Officer O'Brien and had taken splinters of wood out of O'Brien's eye. Kelly identified the bullets used as soft-nosed bullets of the hunting variety.
    Court was to be resumed at 1:30 o'clock with a one-hour recess between 2:30 and 3:30 during the funeral of W. S. Levens in Salem. Levens was the state's chief prosecutor, who died here this week.
    EUGENE, May 5.--(AP)--Rapid progress in putting on the state's witnesses was expected today, since two of the principal witnesses gave their testimony yesterday, and the possibility was seen that the defense might start calling its witnesses before the weekend adjournment is taken.
    The two principal witnesses who testified yesterday were Sergeant Jas. O'Brien of the state police and E. A. Fleming, Jacksonville orchardist, who were present at Banks' home in Medford when Constable George Prescott was killed as he attempted to serve a warrant on Banks, former editor and orchardist. It is in connection with this slaying that Banks and his wife are being tried.
    O'Brien testified that he went with Prescott to serve a warrant issued after Banks was indicted with several others in connection with the theft of ballots from the Jackson County courthouse. When Mrs. Banks opened the door, O'Brien stated, Prescott put his foot on the threshold. Then Banks leveled a rifle at the constable, O'Brien said, and fired. The bullet pierced Prescott's heart.
    Fleming, an associate of Banks in the "Good Government Congress" organized by the accused man to seek the resignation of several county officers, said he was with Banks when Prescott appeared at the door. Banks told Fleming he had better leave, he testified. As he ran out the back door he heard Banks shout "Get out" or "Look out," an exclamation that was punctuated with a rifle shot.
    The Jacksonville orchardist stated that Banks had once remarked to him before the shooting:
    "I am being framed on the ballot charges. I have written letters warning them (the officers) not to come. They will never take me except over dead bodies, and even then I will be carried out feet first."
    The trial was removed to Eugene on a defense motion for a change of venue.
    The defense has set forth that the former editor, who was for months the center of a county-wide political storm, shot the officer as "the final gesture of an overwrought mind in defense of his home after having been driven to desperation by persecution." This persecution, the defense has insisted, was at the hands of county officials whose resignations Banks had demanded.
Medford Mail Tribune, May 5, 1933, page 1


    EUGENE, May 4.--E. A. Fleming, 67, well-known Jacksonville orchardist, at the home of L. A. Banks at the time Banks fired the shot that slew Constable George J. Prescott, on March 16 last, and Sergeant-Detective James O'Brien, companion of the slain official on his last tragic official mission, gave sensational testimony Thursday at the trial of the former editor and orchardist and his wife, Edith Robertine Banks, charged with first degree murder.
    Fleming enlivened the somber proceedings with his laconic replies to questions. O'Brien identified the death weapon--a high-power big game rifle--and the blood-stained bench warrants, and a note Mrs. Banks sent to officers, by Tommy Williams. Fleming told of threats made by Banks a few minutes before the slaying. O'Brien told of looking through a window and seeing Banks calmly reloading his rifle after Prescott had fallen, mortally stricken, on the front porch of the Banks home. He identified also four fragments of bullets removed at an autopsy in his presence, from the body of the slain official.
    Both were two of the major witnesses for the state, and links in vital corroborative evidence to come.
    Fleming testified that he came to Banks' home on the morning of the murder, in the auto of Earl Bryant, one of the eight men who have entered pleas of guilty to ballot theft. Fleming came to confer about calling a meeting of the "Good Government Congress," to collect funds for the defense of the men arrested on the charge. Banks and Fleming exchanged greetings. Mrs. Banks was present, Fleming testified. The two men seated themselves. Mrs. Banks was busy nearby.
    Soon thereafter Banks said:
    "Fehl and Coleman held a long conference yesterday. They planned a political swap, and will make me the 'goat' in this ballot business. They can't do it. I understand there is a warrant out for my arrest. If any officers try to arrest me, I will go out over their dead bodies, feet first."
    "I said: 'O, Mr. Banks, don't do that. It will cause you a lot of trouble.' "
    According to Fleming's testimony, Banks replied:
    "I am going to do it. I said I was going to, and I will."
    Fleming swore that Banks told him he had dictated two letters that morning, warning the officers not to come, and that when a rap came at the door, Mrs. Banks started to answer, and Banks said to him:
    "You better go." Fleming testified he made ready to obey.
    Janet Clements Guches, former secretary of Banks, and her husband were in the Banks home when Fleming arrived, and they left with the words:
    "We are going to the farm."
    Banks told his wife to "deliver the letters I dictated," when she told him "The officers are coming."
    Fleming, his overcoat on his arm, went towards the back door, as the officers came to the front door. Half the distance, he heard a shot. Then he heard a woman's voice he would not positively identify as that of Mrs. Banks say:
    "We have shot Prescott."
    Fleming testified he left by the back door, and was arrested by state police and held ever since as a material witness.
    Under cross-examination by attorney Lonergan, Fleming made rapid sallies, calling the defense chief "Brother."
    The crowded courtroom laughed when Fleming identified himself as "John Doe No. 1" named in the ballot theft indictments. Banks laughed heartily at the reply, but Mrs. Banks retained her solemn, meditative attitude.
    Telling of his exit from the Banks residence, Fleming added:
    "Yes, I thought it was the longest house I ever saw." This brought another smile from Banks, who was in a far more cheerful mood than on the previous day.
    Fleming was on the stand two hours--at the start of the morning and the opening of the afternoon session.
    Under cross-examination by the defense, Fleming vigorously denied that he had told defense attorney Tom Enright and Arthur LaDieu, during a visit to the Josephine County jail, he had not seen Mrs. Banks in the house the morning of the killing. The state brought out to the jury that LaDieu was a former Banks aide, on redirect examination.
    The detention of Fleming in jail since the murder, as a material witness, was stressed by attorney Lonergan. Fleming denied he had been promised immunity, and resented, his replies indicated, his detention. The defense counsel's inferences that Fleming was illegally detained brought no immediate contradiction from the state.
    Sergeant O'Brien of the state police described the actual killing, said that with Constable Prescott he had gone to the Banks home to serve a bench warrant for ballot theft on Banks. He testified the entire proceedings took "less than a minute."
    O'Brien stated:
    "As Mrs. Banks opened the door, I heard Mr. Prescott say: 'I have a warrant for your husband's arrest.' I was looking through a window, in the door, and I saw Mr. Banks with a rifle leveled to his shoulder. I said to Mr. Prescott, at the same time trying to pull him away, 'Look out!' Then came the explosion. The bullet hit the constable in the hand. The flesh splattered in my face, and splinters flew from where the bullet struck the door, and hit me in the eye. Mr. Prescott started to fall, as I grabbed him. We both lost our balance, as we fell to the porch. As I lay there, I looked through another window, and saw Mr. Banks calmly reloading the rifle. I went for reinforcements. The entire proceedings did not take more than six or seven seconds."
    O'Brien also said he saw Fleming running to the rear of the home.
    O'Brien then told of informing the state police headquarters, and the arrest of Banks. The court ordered reference to the proposed use of poison gas stricken.
    The state police sergeant identified the bloody bench warrant issued for the arrest of Banks, after it had been further identified by County Clerk Carter, recalled to the stand for the purpose. The ghastly relic of the murder was then read and passed to the jury. He also identified the firearms found in Banks' home after the murder.
    Under cross-examination by attorney Lonergan, Sergeant O'Brien was subjected to a mildly sarcastic grilling. The defense counsel questioned him about the number of the state police in Medford on the day of the murder, and if Greyhound stages, for whom he formerly worked, were not "owned by the Southern Pacific." He questioned him pointedly relative to his experience as an investigator, and by what authority the state police had to assist in the serving of bench warrants. The defense has given hints it would attack the legality of the ballot theft indictment against Banks, and the bench warrant for his arrest. Sergeant O'Brien was still  under cross-examination at the close of the Thursday session.
    The defense objected to the introduction of the bench warrants, the death rifle, and revolver and holster, found on a table in the Banks home after the murder. They were overruled by the court. The state did not register an objection the entire day.
    O'Brien pointed out on the floor plan of the Banks house where Mrs. Banks told him her husband stood when he fired the fatal shot, and where he had stood while reloading his weapon.
    Verne Shangle, Medford photographer, was the first witness called [and] identified a score of photographs, showing exterior and interior views of the Banks home. Some were taken within an hour after the murder; others were taken on April 21.
    A large crowd attended the afternoon session, and a number of Medford people were in the audience, including a number of university students. The proceedings were devoted chiefly to identification of evidence, and long  cross-examinations. At times there were vivid high points that awakened alike the interest of the spectators and jurors.
Medford Mail Tribune, May 5, 1933, page 1


    County Judge Earl H. Fehl flatly denied the statement made by E. A. Fleming, Jacksonville orchardist and Banks follower, who testified on the witness stand in Eugene yesterday that Banks had said, on the morning before he shot Officer George Prescott, that ''Fehl and Coleman are trying to frame me on the ballot theft, and were closeted two hours yesterday afternoon."
    "It isn't true." Fehl said. "Coleman and I did not plan to frame Banks.
    "I should say I wouldn't frame Banks," Fehl continued. "Coleman and I did not have a conference on the afternoon before Prescott was killed."
    Fehl refused to comment further, except to make a statement about "newspapers printing the truth."
    Judge W. R. Coleman, with whom Banks claimed Fehl conspired to "frame him" on the ballot theft, laughed at the story as "ridiculous."
    "I had a talk with Fehl some time before Banks killed Prescott," Coleman said, "but we didn't mention Banks' name and we didn't mention ballots. Our talk was about other matters entirely, and whoever carried that story to Banks was crazy, if it was ever carried to him. We were in Fehl's private office, however, and I told Fehl at that time that I'd gladly give five dollars, if 99 other friends of his would, to carry his Parr case to the supreme court to determine whether or not he got justice in circuit court here.
    "No," Coleman said, "Fehl and I didn't frame Banks."
Medford Mail Tribune, May 5, 1933, page 1


    EUGENE, Ore., May 6.--(AP)--Further testimony designed to connect Mrs. Edith R. Banks with the slaying March 16 of George Prescott, Medford constable, was introduced by the state today just before the first week of the trial of the woman and her husband, Llewellyn A. Banks, for first degree murder was concluded.
    The testimony was that of Clyde Warren of the state police, who quoted Mrs. Banks as observing to him:
    "Prescott was trying to break into our home. We had to shoot!"
    The state trooper was put on the witness stand after Tommy Williams, truck driver, a state witness, had testified that Mrs. Banks said: "We did it!" when he asked who killed Prescott.
    The constable was shot when he attempted to serve a warrant on Banks, former editor and orchardist, at his home. Most of the testimony this week was introduced by the state to establish that Banks fired the fatal shot.
    Warren's testimony, like that of Tommy Williams, oil truck driver, given Friday, was admitted as evidence only against Mrs. Banks. The jury was instructed to disregard it as far as it concerned Banks, accused of the actual shooting of the officer.
    Warren's testimony and subsequent cross-examination took up the entire morning session, and he was still being subjected to the bitter fire of questions from defense attorney Frank Lonergan when court adjourned until Monday morning. Judge Skipworth decided against a Saturday afternoon session.
    "I questioned Mrs. Banks in her house following the shooting of Prescott," said Warren. "I asked her what happened. She said Prescott had tried to break into their home and Banks shot him.
    "Mrs. Banks said she had gone to the door in answer to a knock and called to her husband that George Prescott was there. Banks instructed her to give Prescott two letters lying on the table. They were addressed to Captain Lee Bown of the state police and Chief McCredie of Medford. Mrs. Banks said she gave Prescott the letters and he tried to force his way in. Banks shouted, 'Look out!' and she jumped back.
    "Mrs. Banks said: 'Prescott was trying to break into our home. We had to shoot.'"
    Warren also identified articles found in the Banks home following the killing. In Banks' bedroom he found a suitcase partly packed and containing, among other things, a quantity of ammunition. There were also outdoor clothes and high leather boots lying beside the suitcase, Warren said,
    On cross-examination he admitted that state officers thoroughly searched the place, although they had no search warrant. Lonergan also asked him if he found a letter in a coat pocket in one of the closets addressed to "Daddy" and signed "Mother." Warren said he read it. The contents of the letter were not revealed.
    Court will be resumed at 9:30 o'clock Monday morning.
    Ralph E. Moody, chief of the prosecution counsel, said today it would probably be Monday or Tuesday before the state could complete its case against the couple.
Medford Mail Tribune, May 7, 1933, page 1


    EUGENE, May 6.--In vain, Frank J. Lonergan, brilliant Portland attorney, speaker of the last house of the state legislature, and in his time a star football player at Notre Dame, endeavored to break down the damning testimony of T. E. (Tommy) Williams, manager of the Union Oil Company at Medford, against Mrs. Edith Robertine Banks, jointly charged and tried with her husband, L. A. Banks, former publisher-orchardist, with first-degree murder for the slaying of Constable George J. Prescott on the morning of March 16 last. Lonergan is ace of the Banks' battery of lawyers. All day Friday he had grilled, at times savagely, the state's witnesses.
    Summoning to his aid all his skill and legal art, attorney Lonergan tried to make the oil company employee alter his testimony. The witness, calmly emphatic, failed to vary in a single important detail. Over and over, attorney Lonergan fired questions.
    Williams testified that on the morning of the murder he drove an oil truck by the Banks home. He saw three policemen standing nearby on a corner. Sensing the unusual, he drove around the block and stopped directly in front of the Banks home and took a position on the toolbox. He watched the three officers, Chief of Police Clatous McCredie, Lieut. Alex Dunn and Sergeant James O'Brien.
    As he watched an arm was extended and withdrawn from the front door of the Banks home. The door closed. An instant later it reopened and Mrs. Banks appeared, Williams testified. She called to him:
    "Come, and get this please!"
    Williams said he ignored this call.
    The door closed, and again Mrs. Banks reappeared, and again said, "Come and get this, and take it to the state police, please."
    Williams testified he walked across the street, and upon the porch of the Banks home. Mrs. Banks asked him:
    "Take this to the state police."
    The oil company worker read the top line, which read: "Come and get George Prescott."
    Williams asked, "Where is George?"
    Mrs. Banks inclined her head, and said "Over there." He gazed in the indicated direction and saw the body of Constable Prescott, who he had known for many years.
    Williams then asked, "Who killed him?"
    Mrs. Banks, he swore, replied:
    "WE DID. He tried to break into our home."
    Williams then testified he took the note, written on a piece of cardboard, to Lieut. Dunn, standing at Main and Quince streets. Lieut. Dunn, he testified, read the writing and handed the note back to him.
    At this juncture, Williams testified, Gordon Kershaw, who was standing across the street on the lawn, joined him and Lieut. Dunn and asked:
    "Tommy, can I have that note."
    The witness said he replied:
    "Take it. I don't want it."
    With Kershaw, he then walked to where Sergeant James O'Brien was standing, and Kershaw gave him the note. Two days later, Williams said he was called to the state police station and signed a statement telling of the dramatic episode.
    The note, read to the jury by Assistant Attorney General Moody, was as follows:
    "Come and get George Prescott and you will be all right. Then proceed in order. Mrs. Banks."
    Attorney Lonergan quizzed Williams most of the afternoon, but was unable to cause him to alter any essential detail of his testimony. The witness came out of the matching of wits with flying colors.
    The court ruled that the note and the incidents were applicable only to Mrs. Banks, but not binding upon her husband, L. A. Banks. It was the first time during the state's case that the wife has been linked definitely as an alleged accessory in the murder. She listened intently to every word of the testimony.
    The cross-examination of Williams ended just before court adjourned for the day. At the morning session attorney Lonergan subjected Sergeant James O'Brien to a long and grueling cross-examination. The state police detective gave highly damaging testimony to the defense's cause, being the only companion of the slain officer on his last official mission.
    Asked in a question, by defense counsel, if he didn't place the weapons found in the Banks home on the table where they were photographed, the state policeman repeated heatedly:
    "Absolutely not."
    At another stage of the proceedings, Sergeant O'Brien stated in response to a query:
    "The door was closed. Had it been open I would have entered."
    "There was another man in the room when the shot was fired?" asked attorney Lonergan.
    "Yes," replied the witness. "He was running or hurrying towards the rear of the house. I did not know who he was at the time, but afterwards learned he was E. A. Fleming of Jacksonville."
    Attorney Lonergan asked a score of questions, relative to why the bench warrants were placed in the hands of the slain constable instead of the sheriff, and referred to the grand jury session that brought the indictments being held in a room other than the regular grand jury room.
    The defense, during the trial, has several times given hints that it questioned the legality of the indictments received by Circuit Judge W. M. Duncan of Klamath County. County Clerk Carter was questioned on this point.
    Sergeant O'Brien also heatedly denied the inference of the defense counsel's query relative to what he saw when he looked through the door window of the Banks home.
    "You did not see Banks actually fire the shot?" asked Lonergan.
    "No," replied the witness, "but I saw Mr. Banks standing with a rifle leveled at the door. I heard him say, Look out!" and as I ducked and attempted to push and pull Mr. Prescott away heard the explosion."
    When attorney Lonergan at another point in the cross-examination asked O'Brien if he and the slain officer had not shoved against the door with their shoulders, the witness raised his voice to reply, "POSITIVELY NOT."
    Frank Perl, coroner of Jackson County, was the first witness called at the afternoon session. Attorney Lonergan quizzed the official heatedly on why the state police, instead of himself, as the "duly elected coroner," had removed Prescott's pistol from the body and had not retained possession of it.
    Coroner Perl identified four fragments of lead as part of a bullet removed from Prescott's body at an autopsy held the afternoon of the murder.
    Henry W. Conger, former coroner, testified that the autopsy was held at his chapel. He was the second state witness to be excused without cross-examination. His testimony was brief.
    Dr. B. C. Wilson, former county physician, testified to the nature and location of the bullet wound that killed Prescott.
    E. E. Kelly, Medford attorney, appeared to testify to the vicious effectiveness of the high-powered game rifle that Banks fired.
    Kelly testified that he could not qualify as a gun expert, but "did know guns" from military and hunting experience. Kelly said that the cartridges taken from the Banks rifle were soft-nosed bullets and that they differed from steel-jacketed bullets ordinarily used by hunters and by soldiers. The soft-nosed bullet, attorney Kelly testified, had a tendency to mushroom when it hit a bone, and was prohibited by the rules of war.
Medford Mail Tribune, May 7, 1933, page 1


    EUGENE, May 8.--(Spl.)--Judge Earl H. Fehl of Jackson County arrived here Sunday by auto and went immediately to the county jail, and was admitted for a talk with L. A. Banks. Fehl entered the cell of his political pal about two o'clock.
    EUGENE, Ore., May 8.--(AP)--On the mysterious "Mother to Daddy" letter, which precipitated a second battle as the Banks case was resumed today, may hinge the state's proof of intent against Mr. and Mrs. Llewellyn A. Banks.
    Formally introduced as evidence for the first time when Sgt. C. A. Warren again identified it as one taken from a coat in Banks' bedroom, the letter was ruled not admissible as evidence, but the state still hopes to get it to the jury.
    The contents of the letter, on which may hinge the lives of the two defendants, have not been revealed. It is known, however, that the note was purportedly written by Mrs. Banks to her husband prior to the killing and refers to Banks' proposed "stand" against the officers.
    Were the guns and ammunition found in Banks' home originally intended for use on a vacation trip or were they made ready for a battle with the law? The note, if the state succeeds in offering it as evidence, may answer that question.
    Judge G. F. Skipworth listened to biting arguments from both sides before he ruled the letter out as incompetent evidence on the grounds that no proof of its origin has been introduced, that there was no proof Mrs. Banks wrote it, and that no proof has been submitted showing it was intended for Banks.
    The second week of the trial opened with Warren, a detective sergeant of the state police, still on the stand. He was subjected to continued cross-examination by Frank Lonergan, chief of the defense counsel. Although Lonergan led him out concerning his notebook, Warren did not bring it forth again for reference.
    Sgt. Al Lumsden, who was with Officer Warren as they sat outside the Banks home at the time of the shooting, was next called to the stand. He had interviewed Mrs. Banks in her home after Banks had been taken away.
    "I found her calm, cool and defiant," said Lumsden. "She protested against the officers entering the house and said we couldn't arrest her or search the house, as we had no search warrant.
    "She said it was 'her home, her castle,' and we had no right to enter. I told her a serious crime had been committed and it would be necessary to detain her. Mrs. Banks said her husband had killed Prescott, and she pointed to the rifle lying on the table as the one used. She explained the shooting in detail."
    When the afternoon session opened Lumsden was asked but a few questions before being dismissed. Clatous McCredie, chief of the Medford police, was next called. He verified the note given Tommy Williams by Mrs. Banks to be handed to the state police. Williams gave the note to Gordon Kershaw, who gave it to Sergeant O'Brien, who gave it to Chief McCredie.
    Charlotte de Ford of Tillamook, a sister-in-law of Lieut. Dunn of the state police, was the next witness. She said she was called to the Banks home by Dunn, who asked her to act as matron in searching Mrs. Banks. She found no weapons.
    Miss de Ford said that when she and Mrs. Banks were in the bedroom, Mrs. Banks said, "Mr. Banks has been terribly persecuted since he's been in Medford." The Banks' little daughter, Ruth May, who was in the room at the time, asked, "But why did he have to kill somebody?"
    The little girl, said Miss de Ford, had returned home crying and was informed by her mother that "Daddy shot Mr. Prescott." Ruth May then asked, "Oh, Mother, is he dead?" and Mrs. Banks replied, "I don't know, he's lying out there on the porch." Then the little girl said, "Oh, Mother, I knew he would do it."
    On objection of the defense counsel, all of the little girl's statements, as reported by Miss de Ford, were stricken from the records, and the jury was instructed to disregard them completely.
Medford Mail Tribune, May 8, 1933, page 1


    EUGENE, May 7.--The state is now expected to close its direct evidence against L. A. Banks and wife last Tuesday afternoon, at the present rate, and largely depending on the speed of the defense cross-examination. Some of the state's witnesses will be reserved for rebuttal.
    The defense is expected to start Wednesday and take two days for presentation. The materiality of some witnesses' testimony will be attacked by the state, and those who do reach the witness stand will be subjected to close questioning.
    From his own statements to the press Sunday, it is now problematical whether or not defendant Banks will take the stand in his own behalf. Banks desires to make a personal appearance, but has indicated it is a matter for his counsel to decide. The same applies to Mrs. Banks. Attorney W. E. Phipps announced before the trial both would testify. They may hold to their original intentions, and they may not.
    Courtroom observers predict that the defense will be insanity, and that Banks' previous objection to this line has been removed by his counsel. Signs indicate that the defense will attack the state police methods and also plead mitigation on the grounds that Banks was "persecuted to the point of desperation" by his legal, financial, and political foes.
    Next to the chief actors in the drama, the defense witness arousing the most interest is Mrs. Henrietta B. Martin, president of the "Good Government Congress" and catspaw of Banks in his political plotting and plans. Medford people, now living in Eugene, know her as "the woman who tried to horsewhip an editor," and out of curiosity they express a desire to see and hear one of the main figures in the "Jackson County uprising." Eugene and Lane County residents as a whole, however, know Mrs. Martin only as a defense witness, and have no especial interest in her words or acts.
    Mrs. Martin is a witness, and barred from the courtroom. She spends her time in the witness waiting room playing "rummy" and chatting with friends. She is frequently seen in "conference" with Arthur LaDieu and attorney Enright. The Eugene press has paid scant attention to her.
    Mrs. Ariel Burton Pomeroy, intimate friend of the Banks, and here the first two days of the trial with her husband, has not been around the courtroom for three days. While the jury was being selected, Mrs. Pomeroy came forward at each recess to chat with the defendants. She is also listed as a defense witness.
    Another defense witness on the ground is R. A. Boyce, said to be a resident of the Central Point district, and engaged in farming. Boyce is to be one of the main witnesses for the defense, according to reports.
    Others listed as defense witnesses are May Murray and her daughter, Effie Lewis, May Phipps [see correction below], bondswoman for several of the ballot theft defendants; Walter Jones, mayor of Rogue River, at liberty on $7500 bonds for alleged ballot theft; Arthur LaDieu, former business manager for Banks' newspaper, and also indicted for ballot theft; suspended Sheriff Gordon L. Schermerhorn, also indicted for ballot theft; L. O. VanWegen, asserted companion of Mrs. Henrietta B. Martin in the buggy-whipping episode and under indictment therefor, and Amos C. Walker, deposed deputy sheriff named by Schermerhorn at County Judge Fehl's order, and one or two others more or less active in "Congress."
    Dr. F. G. Swedenburg is also listed as a defense witness. He was engaged with Banks in Foots Creek mining operations and was personal physician to Banks.
    Medford and valley people here the past week as witnesses or spectators include Mr. and Mrs. C. A. Thomas of Ashland, Mrs. A. C. Walker of Central Point, Mr. and Mrs. Ted GeBauer, Mr. and Mrs. H. C. Fredette; Mr. and Mrs. Ralph Koozer, Mrs. E. C. Ferguson, Mrs. George A. Codding, Mrs. Gladys Strang, attorney Frank J. Newman and Mrs. Walter Olmscheid.
    Medford witnesses at the Banks murder trial played a joke on Coroner Frank A. Perl when that youthful official appeared in their midst Thursday morning--three days after their own arrival here. The witnesses--defense and state--spend most of their time in the old court room. It contains an old-fashioned high-backed judge's chair, which is the favorite roosting place of B. R. Harwood, Medford photographer, who will appear as a witness for the defense.
    When Coroner Perl arrived, he immediately made inquiry where he was to report, and fell into the hands of Sergeant Al Lumsden of the state police.
    "I'll say you want to see the judge," frowned Sergeant Lumsden. "You're three days late."
    Whereupon with great solemnity Lumsden escorted Coroner Perl before the judge's chair and bench, where sat photographer Harwood, just idly gazing about a room full of witnesses. Harwood immediately grasped the situation.
    "Your honor!" said Lumsden, "here is that missing witness."
    "Where have you been," sternly inquired "Judge" Harwood. "What do you mean by delaying the court?"
    "Your honor, I have no subpoena," nervously replied Coroner Perl.
    "That is no excuse, under Oregon law," said Harwood. "I have a notion to make an example of you. However, sign the great register, and you won't need any subpoena."
    Whereupon "Judge" Harwood removed a tiny memorandum book, found a page with no writing, and handed it to Coroner Perl. Coroner Perl signed his name.
    At this juncture, the audience commenced to laugh, and Coroner Perl recognized Harwood, whom he has known for years, and the cat was out of the bag. Everybody, including Coroner Perl, had a good laugh, and the loudest guffaws came from Henry W. Conger, former coroner.
    "Judge" Harwood is retaining the Perl signature, as evidence that the "joke" was perpetrated.
Medford Mail Tribune, May 8, 1933, page 1

    EUGENE, May 7.--A week of facing a Lane County jury, holding in their hands their fate, has left no visible mark upon L. A. Banks, former Medford orchardist and newspaper publisher, and his wife, Edith Robertine Banks. Behind the outward mask of grim calmness, a storm of worry and emotion may be raging, but if so, both have nerves of steel, in their grave ordeal, and successfully hide it. The accused pair also have the comforting presence of Mr. and Mrs. Charles P. Moran of Cleveland. Mrs. Moran is a sister of Banks. Each day they sit with them, behind a battery of five attorneys.
    Most of the long day in court, Mrs. Banks sits with partially bowed head, in deep reverie. She wears the dress she wore the first day, with a modish spring hat of blue, and sealskin coat. She never smiles. When Tommy Williams and Detective Sergeant Warren gave their "we did" testimony, she manifested agitated interest, and conferred earnestly with an attorney. Then she lapsed again into moody reverie.
    Banks the first two or three days of the trial was plainly agitated during the opening statement of defense counsel Joe Hammersly. Several times he manifested deep displeasure, and whispered to attorney Phipps. That lawyer has moved to the front line of the defense table, with attorneys Hammersly and Lonergan. Attorney Phipps' former place at the end of the table is now occupied by Mr. Moran. All day long, attorney Enright makes copious notes. He is scheduled to make a portion of the closing arguments of the defense.
    The last of the week Banks regained some of his composure. He smiled at sallies brought out during the questioning, and was cheery with newspapermen. When testimony he considers unfavorable comes from the lips of witnesses, he rocks back and forth in his chair, nervously. He seldom glances at the audience. Many times during the day he drops into spells of meditation, gazing moodily at the floor. He has lost weight during his seven weeks of jail confinement. His lips and facial muscles move constantly, in an odd nervous reflex.
    Once during the trial Banks manifested extreme agitation. That was when attorney Hammersly made mention of his father, in a brief review of the defendant's career. His brother-in-law, Charles P. Moran, quieted him with a comforting pat on the shoulder.
    Jail attendants say that Banks spent a sleepless Friday night, and was highly perturbed by the testimony of Tommy Williams that afternoon.
    Charles P. Moran, kin of Banks, is a man of about 60 years--a typical successful Midwest business man, of evident wealth and refinement. His wife, Banks' sister, is a woman of past 50 years. She dresses in excellent taste, and is ever a highly interested listener to the testimony. She consoles Mrs. Banks from time to time. Moran retained attorneys Lonergan and Hardy for the defense.
    Tho jury is a cross-section of Lane County--six men and six women. The women are of the home and farm--the type of women who go to church on Sunday, and have a high sense of civic duty. The men are the same. Substantial citizens, schooled in hard work. All give the impression they would carefully weigh every move and decision, and not be easily moved by dramatic appeals to sympathy.
    Of the men jurors, Captain Page, juror No. 12, holds the most interest for spectators. He is about 65 years old. During the direct testimony, he is an alert listener, but during the cross-examinations he sits with closed eyes and folded hands. He is a retired sea captain, with the roll of the sea in his walk, and a picturesque figure. The press table calls him "Cap Rickey."
Medford Mail Tribune, May 8, 1933, page 1


    EUGENE, May 8.--The first week of the trial here of L. A. Banks, and his wife, Edith Robertine Banks, charged with first degree murder for the slaying of Constable George J. Prescott, saw eleven of the 25 witnesses the state has subpoenaed, interrogated. One of the lot, Clyde A. Warren, state police detective, was still on the stand, under defense cross-examination, as the second week started Monday morning.
    Warren is the second witness to testify that Mrs. Banks immediately after the killing said, when asked about the crime, "We did it." T. E. (Tommy) Williams, Medford oil company employee, testified Friday that the gray-haired woman defendant made the same reply. The state has started to forge a chain of evidence around Mrs. Banks.
    From the notebook of Sergeant Warren, defense counsel Lonergan read these words: "Took Chuck Davis to G. Pass jail. Davis said: 'Banks with his paper caused all these I.W.W.s'." The date in the notebook was February 26. It gave the jury and the audience a glimpse of the turmoil that led up to the tragedy. Davis had been arrested in the ballot theft case, and was housed in the Josephine County jail. Later he entered a plea of guilty. He is now a county jail trusty.
    Warren further testified on direct examination that he and Sergeant Lumsden were on guard at the back door of the Banks home, that they had arrested E. A. Fleming, Jacksonville orchardist, as he appeared shortly after the report of the shot. Fleming was searched. They thought at first he was Banks, and did not know his true identity until Sergeant O'Brien came with the word that "George is killed."
    Warren testified that after the crime, with Lieut. Alex. Dunn of the state police he searched the Banks home, and secured a voluntary statement from Mrs. Banks. She gave the officer a piece of paper, upon which to make notes.
    "Mr. Prescott tried to break in, and we had to shoot him," was the keynote of the interview.
    Soon after the departure of Banks in custody of officers for the Grants Pass jail, Charlotte de Ford of Tillamook, a visitor to a Medford home, arrived. The state police requested she search Mrs. Banks, which she did, and was present during most of the statement. The court ruled that the evidence was admissible, as related to Mrs. Banks, but was not binding upon Banks, as he was not present.
    Sergeant Warren testified to a search of the Banks home and finding a note in a coat pocket. The note was presented for identification yesterday by the state and will be offered as evidence, and its contents, hinted as significant, will be revealed when read to the jury.
    Warren also identified a large suitcase found in the Banks home. It contained a large amount of ammunition--pistol and rifle--two woolen shirts, a pair of boots, a can of solvent powder, used in cleaning guns, two bars of soap. The cartridges fit the high-powered game rifle and the revolver found in the Banks home. Beside the suitcase lay a hunting coat and hat.
    The state contends this shows Banks was planning flight. The defense contends, and so stated in their opening statement, that Banks, on that mid-March day of the murder, was preparing for a hunting trip "to get away from it all."
    The prosecution the first week of the trial cleared the deck of preliminaries and laid the foundation for its strongest witnesses, including Chief of Police Clatous McCredie and Capt. Lee M. Bown. The state is evidently reserving its most damning and damaging blows for the close of its direct case. Banks' statement and interview following the killing are also to be told the jury.
Medford Mail Tribune, May 8, 1933, page 6


    EUGENE, Ore., May 9.--(AP)--As the state neared the end of its testimony here Tuesday afternoon, the defense counsel intimated it would ask for a recess Wednesday morning to give it time to prepare its case in the trial of Mr. and Mrs. Llewellyn A. Banks.
    The judge will probably grant either a half-day recess Wednesday morning or a full-day recess, with court being resumed Thursday.
    EUGENE, Ore., May 9.--(AP)--A loaded .38 automatic, a supply of ammunition and a heavy cartridge belt, plus a threatening letter written by Llewellyn A. Banks to Chief McCredie of Medford, were admitted as evidence by Judge Skipworth Tuesday as the state piled up its testimony that Banks not only had stocked a large arsenal in his home, but had openly threatened to use it.
    The gun, which the state says was found covered up on a cot in the Banks house following the shooting of Constable George Prescott, makes the third weapon found in the home. The cartridges add to the formidable supply of ammunition which has been stacked on the clerk's table in the courtroom as the state has steadily added to its testimony that Prescott was killed in a well-plotted "stand" against the law.
    The admission of the gun and the letter, along with the "death cartridge" identified as the one from which sped the shot that killed the officer, precipitated a bitter legal battle as court opened Tuesday and preceded the sharp personal clash between Ralph Moody, chief prosecutor, and Frank Lonergan, chief of the defense counsel.
    After the jury, made up now of seven men and five women, filed from the courtroom, Judge Skipworth heard arguments from both sides as to the admissibility of the evidence, which according to state testimony was not found in the Banks home until 4 o'clock on the afternoon of the shooting.
    The .38 automatic, together with the ammunition and cartridge belt, was found under a woman's coat on a cot in the hall, according to Rodney Roach, state policeman, who had appeared on the stand late Monday. He had gone to the house with Officer Walter S. Walker, and they had found the weapon during the search. They had also searched the fireplace and found, buried in the ashes, the cartridge identified as the one with which Prescott was slain.
    After hearing arguments as to the admissibility of the evidence, Judge Skipworth ruled that it be admitted.
    "Under the charge of first degree murder the state must show intent, preparedness in premeditation," ruled Skipworth. "While it is admitted the weapon was not the one used in the alleged killing, it still has a bearing on the purported preparedness for battle of the defendants."
    The same ruling was applied to the letter allegedly written by Banks to the Medford police chief. This letter, a duplicate of the one written to Capt. Lee Bown of the state police, was not delivered until after the shooting. The two letters had been handed to Prescott just before the bullet crashed into his body. The letters read:
    "I have committed no crime. I refuse to submit to arrest on charges framed by the power interests and Medford's old gang. Any effort to arrest me will result in bloodshed and probably my own death."
    The letters then continued, saying Banks and his wife could sign bonds backed by property worth a half-million dollars to guarantee his appearance in court to answer the charges.
    Following cross-examination of Rodney Roach, who had remained on the witness stand, his companion, Walter S. Walker, was called. Walker substantiated Roach's story of the finding of the new evidence.
    Keith K. Ambrose, state policeman, and Charles Clause, ex-Ashland police chief, were the next witnesses. They testified concerning minor details of the state policemen's action in guarding and searching the Banks home following the shooting.
    Clause admitted harboring animosity against Banks because "Banks wrote in his paper against us officers."
    EUGENE, May 9.--(AP)--The state expects to complete examination of witnesses by Wednesday evening in the case of Llewellyn A. Banks, ex-Medford publisher, and his wife, Edith R. Banks, both charged with first degree murder for the death of Constable George J. Prescott, it was announced by state attorneys today.
    Captain Lee Bown of the Medford police headquarters, officials conducting the autopsy on Prescott's body, and several other key witnesses are yet to be heard from.
Medford Mail Tribune, May 9, 1933, page 1


    EUGENE, May 8.--Dramatic moments came swiftly in the murder trial of L. A. Banks, former Medford orchardist and publisher, and his wife, Edith Robertine Banks, as four witnesses came to the stand Monday afternoon and testified to threatful words and happenings in the Banks home immediately following the slaying of Constable George J. Prescott on the morning of March 16 last. The best progress of any day since the trial started was made.
    Philip B. Lowd, deputy sheriff and former political protege of Banks, gave damaging evidence against him. With Captain Bown of the state police, Lowd testified, he had gone to the Banks home on the murder morning. There, on the porch, he saw the body of Constable Prescott. He helped Deputy Coroner Harold Brown place it in a carry-casket. Then on the door mat of the Banks home he saw two envelopes, one addressed to Captain Bown, whose attention he attracted to them. Captain Bown picked them up, Lowd testified, as Mrs. Banks opened the door.
    As Captain Bown and Lowd entered the Banks home they saw Banks, wearing an overcoat, and with his hands in its pockets, standing in the dining room.
    Mrs. Banks, the witness testified, said, when he entered:
    "My God, Phil! I'm glad it wasn't you!"
    They approached Banks, as he stood in the dining room. Banks asked, "Is this Captain Bown?" and shook hands with him, and then said "Hello, Phil!"
    "I asked him, 'Have you a gun in your pocket,'" the witness said.
    "Mr. Banks replied, 'No. If I had I might be tempted to use it!'"
    Banks was then escorted by Captain Bown and Lowd to a waiting auto and whisked away to the Josephine County jail in Grants Pass. Just beyond the city limits of Medford, the witness testified, he asked Banks, "How many shots did you fire?" and Banks replied "One." Banks said he had used the Newton high-powered game rifle, and took six cartridges from his pocket, with the words:
    "You might as well have these, as I have no further use for them."
    Banks, the witness said, was proud of the Newton rifle, and expressed no surprise when told by Lowd that the bullet had passed through the door before entering the body of the slain officer.
    The witness said that a short distance beyond Central Point, in the presence of Captain Bown, he asked the witness: "Why did you do it?"
    Banks replied, according to Lowd's testimony:
    "If George had taken the two letters Mrs. Banks gave him and gone away, there would have been no trouble. But George was an old-timer, and the old-timers never know enough to leave well enough alone. He tried to force his way into my home, and I shot him, like I would any other burglar."
    Banks inquired of Captain Bown why Sheriff Schermerhorn had not been given the warrants to serve for ballot theft, and Captain Bown told him that Constable Prescott was acting under orders of the circuit court, and the warrants had been placed in his hands for service.
    Lowd further testified that he asked Banks if he had used "the rifle or the .44." Banks replied, the witness said, "I used the rifle because I could not trust the pistol."
    Lowd continued, "I then asked Mr. Banks if he would have shot any officer who came to the door, and he said, 'I might have.'"
    Further on the auto trip to Grants Pass, Captain Bown read the letter addressed to him, and dictated by Banks on the morning of the murder. It was then read to the jury, and was in part:
    "I have committed no crime, and will not submit to arrest on warrants framed by the power interests and Medford's own gang. Any effort to arrest me will result in bloodshed and probably my own death."
    The letter then told of Banks' willingness to appear "in any court of justice' on bonds furnished by himself and Mrs. Banks, and "backed by half a million dollars worth of Rogue River Valley property."
    Under cross-examination by attorney Lonergan for the defense, Lowd testified that he was well acquainted with Banks, was a frequent visitor at his home on business, had been a dinner guest there once, and had seen the death rifle. The witness said Banks had supported him for sheriff in the 1932 primary.
    Attorney Lonergan was unable to shake Lowd in any of the essential details of his story, despite a grueling cross-examination, in which he attacked the plausibility of the veiled threat of Banks, "I would be tempted to use it, if I had a pistol." With the death rifle and .44 pistol on a nearby table.
    Rodney Roach, of the game department of the state police, was the final witness of the day. Roach testified that at 4 o'clock on the afternoon of the murder he went to the Banks home with Charles Clause, former Ashland police chief, Harry Ingling of Ashland, Game Warden Walker, Verne Carey of Ashland and Constable Pete Martin of Ashland, and a search of the Banks home was made.
    Roach testified that on a cot in the vestibule of the home, a .32 caliber pistol, a holster, and handful of cartridges were found. They were lying beneath a woman's brown coat with a fur collar. The defense objected to the introduction of the exhibits, and the court reserved a ruling until Tuesday morning on their admissibility.
    Warden Roach then told of searching the fireplace of the Banks home, and in the ashes finding an empty cartridge shell that fitted the Newton high-powered sports rifle. It was contended by the state this was the death shell.
    The witness said he and Walker returned to the state police headquarters, and the other four men were stationed as guards at the Banks home.
    Miss Charlotte de Ford of Tillamook, a house guest at the time of the murder, of her sister, Mrs. Alex Dunn, testified she was called to act as a matron for Mrs. Banks immediately following the tragedy. She was [at] the home of Mrs. W. H. Ellenburg nearby when the crime occurred.
    Miss de Ford testified when she reached the Banks home she was asked to search Mrs. Banks, and they retired to a bedroom for this purpose.
    "I told Mrs. Banks I was sorry I had to search her and she said: 'Mr. Banks has been terribly persecuted, and had to kill somebody in Medford.'"
    At another time, the witness testified, Mrs. Banks said:
    "Mr. Prescott tried to break in. See what he did to the door, and we had to shoot him."
    During the questioning by the state police, Mrs. Banks said: "I can tell it the same way a dozen times, if I have to."
    Miss de Ford testified that when Mrs. Banks and she went to the bedroom before leaving for the city jail, Mrs. Banks put on her coat and "powdered her nose and was cool and calm and collected."
    "Are you sure Mrs. Banks powdered her nose." asked attorney Lonergan for the defense on cross-examination.
    "Very sure," smilingly replied Miss de Ford.
    Miss de Ford testified that during the taking of Mrs. Banks' statement, her little daughter, Ruth May, aged 12 years, burst into the room, and said:
    "O! Mother, what has happened!"
    "Your Daddy has shot Prescott," Mrs. Banks said.
    "Is he dead?" the child then asked.
    The mother replied, "Yes, he is on the porch, or was."
    "O! Mother, I knew he would do it!" the witness declared the child then said. Upon the objections of the defense, the court ordered the conversation in which the little girl took part stricken from the records and disregarded by the jury.
    Miss de Ford then testified she accompanied Mrs. Banks to the city prison, and remained with the daughter until the arrival of relatives. She said her duties as matron lasted for slightly more than one hour.
    Clatous McCredie, chief of police of Medford, testified that, advised by Captain Bown of the murder, he had gone to the Banks home with Lieut. Alex Dunn of the state police. He said they had stopped their car near Quince Street, and for a few minutes discussed what course to follow.
    With Sergeant O'Brien they went to the Banks house, Lieut. Dunn going to the porch first. Chief McCredie followed. There he saw the body of the slain constable. He stood guard, and kept the crowd back from the porch. When Captain Bown and Deputy Sheriff Lowd appeared with Banks, to escort the prisoner to the waiting auto, he opened the auto door. The chief then returned to the porch, and later entered the house. Chief McCredie testified he had seen Gordon Kershaw give Sergeant O'Brien the "proceed in order" note Mrs. Banks handed to Tommy Williams, and corroborated in detail Williams' testimony. Chief McCredie will be recalled to the stand later.
    Cross-examination of Sergeant A. K. Lumsden was completed in the first half hour of the Monday afternoon session.
Medford Mail Tribune, May 9, 1933, page 1


    EUGENE, May 9.--County Judge Earl H. Fehl spent Sunday afternoon in Eugene, visited L. A. Banks in the county jail, and spent a short time with defense witnesses and members of the "good government congress," here for the murder trial.
    Judge Fehl arrived by auto, and left late Sunday for Salem, on official business, and expects to stop here on his return Tuesday or Wednesday.
    Rain fell intermittently all day Sunday, and the jury remained in their hotel under the eyes of a man and woman bailiff.
    They are not allowed to read newspapers, or have contacts of any nature. The woman bailiff telephones each day to their homes, so the women jurors can have word of what is going on in their homes.
    Among the Medford people who arrived Monday to attend the trial were Mrs. Robert R. Hammond and Mrs. Glen Fabrick of Medford. They were on their way home from Portland, and left for Medford Monday afternoon.
Medford Mail Tribune, May 9, 1933, page 1


To the Editor:
    I wish to say that the statement in last night's Tribune, saying I was a defense witness in the Banks case, also bond woman for several ballot theft defendants, is without foundation.
    I have had absolutely nothing to do with the case. I have never been approached by any one of them. I am not personally acquainted with any one of them.
    I have always stood for law and order, and why my name should be drawn into this case is yet to be explained by Arthur Perry, the author of the statement.
May 9th.
    Ed. Note: The Mail Tribune apologizes to Miss Phipps and herewith prints a formal retraction. The error was purely typographical and entirely unintentional. The name should have been "May Powell" instead of "May Phipps." In looking up the copy we find it was a slip of Mr. Perry's typewriter, which unfortunately got by the copy desk. Miss Phipps is not related to W. E. Phipps, who is one of L. A. Banks' attorneys, and the Mail Tribune realizes is not, and never has been, connected in any way with either faction in the recent controversy which has so disrupted Jackson County. We regret exceedingly the embarrassment and injustice caused by inadvertently using the wrong family name.
"Communications," Medford Mail Tribune, May 9, 1933, page 4


    Stories told by persons returning from Eugene, where they have attended the trial of L. A. and Edith R. Banks for the murder of George Prescott, vary greatly in respect to the probable outcome of the trial.
    Early in the trial, reports have it, Eugene residents were willing to bet five to one that both would be acquitted of the charges. Other reports were that indications were strong for conviction.
    Chief among the reasons given for belief that the two would be acquitted were that "such a respectable-looking couple couldn't possibly be guilty of the charges against them." Other opinions voiced were that "with so many lawsuits against them, it is apparent that they were being picked on by the officers and people of the county." Others said, "Why, they're just an old, gray-haired couple, so refined and so quiet. They couldn't do such horrible things."
    The report that a "good government congress" had been organized in Lane County could not be confirmed, but reports here today had it that a organization had been formed, and was gaining ground. Mrs. Henrietta B. Martin, president of the local group, has been distributing calling cards with the preamble of the "good government congress," and their motto printed on the back.
    "Attorney Ralph Moody is presenting his case perfectly," according to attorney E. E. Kelly, who returned to Medford after taking the witness stand. "Moody is not spectacular, but he is bringing out one point after another in perfect order, and the attitude of the townspeople towards the case has changed a lot since the trial started," Kelly said.
    Another, returning from Eugene this morning, reported that Banks' lawyers are having a time with him, trying to convince him he shouldn't get on the witness stand himself. Banks, always a convincing talker, wants to take the stand and "tell his story." His attorneys, however, are reported as opposed to his taking the stand, because then he would be exposed to the fire of cross-questioning, under which he might stage one of his rampages and "wake up the juror who has been asleep during most of the trial."
    Mrs. Ariel B. Pomeroy, strong Banks follower and a leading member of the "good government congress," returned to Medford Saturday with optimistic reports for congressmen who could not attend the trial. She immediately sought out County Judge Earl H. Fehl, with whom she went into conference.
    Many from here plan to attend the trial when the defense puts on its witnesses, and many also declare they want to hear the final pleas of the attorneys and be there when the jury brings in its verdict.
Medford Mail Tribune, May 9, 1933, page 8


    EUGENE, Ore., May 9.--Circuit Judge George F. Skipworth of Lane County, hearing the murder trial of L. A. Banks, former Medford orchardist, newspaper publisher and agitator, and his wife, Edith Robertine Banks, Tuesday morning granted the state the right to admit as evidence the .38-caliber pistol, a cartridge belt, holster and a handful of shells found on the afternoon of March 16 last on a cot in the hallway of the Banks home. The weapon and shells and paraphernalia were found hidden beneath a woman's coat with a fur collar.
    The court, in overruling the objections of the defense to the introduction of the evidence, held that the pistol and paraphernalia "were competent as evidence to show the intent and preparation of the defendants, and the fact that the pistol was found five or six hours after the commission of the crime in no wise affects its admissibility. The defendants are charged with first degree murder, and premeditation and deliberation are necessary elements of the state's case."
    The court held that, though the crime has been shown as committed with a rifle, it is within the "province of the state to show by competent evidence the presence of other weapons that tend to show intent, premeditation, preparation and deliberation."
    Arguments for the state were presented by Assistant Attorney General Ralph E. Moody in a masterly manner, and his mellow, booming voice at times rose to a dramatic pitch.
    Attorney Moody cited several similar cases, including one in New Jersey and two in this state, in support of his position.
    The main points of the state's contention as sustained were:
    That the presence of the revolver at the scene of the crime tended to show "the existence of a conspiracy, backed by a deliberate and premeditated plan, in which both defendants took part." "And it was found where you would least expect to find it--hidden beneath a woman's coat."
    That the admission of a weapon as evidence, other than the death weapon, was no error on the part of the court, and cited the New Jersey case in substantiation.
    That in similar cases "where the act was admitted, and insanity set up as a plea," the admission of weapons other than the one with which the crime was committed was upheld by the courts.
    Attorney Moody referred to a chapter in his own legal career where he had defended a man accused of murder, "and the introduction by the state of a weapon, whose ownership was doubtful, was contested, but on an appeal was held by the supreme court of this state."
    That lack of precise identification was not a valid objection to the introduction of the weapon.
    "I represent the sovereign state," declared Moody in closing. "As such I have a duty alike toward the state and these defendants. If there was the slightest doubt as to the admissibility of these exhibits I would be the last to ask it, or want it."
    Attorney Lonergan, in his argument against the introduction of the revolver and allied exhibits, declared "There is no showing that the defendants owned or had anything to do with this revolver. The rifle has been introduced as the weapon used in the commission of the crime. The revolver was found six hours after the commission of the crime, by a group running through the house. It is introduced here by the state in an effort to show that an arsenal existed in the Banks home, and to lead the jury into the realms of conjecture and speculation. The search was made by the agents of the state and is introduced here for prejudicial purposes and to inflame the minds of the jury."
    The court, in overruling the defense, said he, too, had searched for legal authorities in law upon the subject, and was unable to find any authorities supporting the defense contention.
    The ruling was regarded as a vital point for the state and a heavy blow to the defense.
Medford Mail Tribune, May 10, 1933, page 1


    EUGENE, Ore., May 9.--By agreement between the counsel for state and defense in the murder trial of L. A. Banks and his wife, Edith Robertine Banks, the court recessed Tuesday afternoon at 3:40 o'clock until Thursday morning at 9:30 o'clock.
    Assistant Attorney General Moody informed the court that the state would be able to finish its direct case by Thursday evening. Captain Lee M. Bown, in charge of state police for the Southern Oregon district, in charge of the collection of evidence in the murder case and also the Jackson County ballot theft case, will be the final witness for the state. He is expected to be on the stand most of Thursday. There are also to be a half dozen rebuttal witnesses for the state.
    Chief defense counsel Lonergan informed the court that the delay would be advantageous to the defense in marshaling its witnesses and that the recess would be made up by the speed with which they could later present their witnesses. It is now thought that the case will enter the final arguments next Monday at the opening of court, and that it will be in the hands of the jury not later than next Tuesday noon.
    Transcripts of the records of the case, as prepared by the clerk of Jackson County and transmitted to the clerk of Lane County, were presented by the state Tuesday afternoon, but admission was denied by the court on the grounds of immateriality. A certified copy of the appointment of Ralph E. Moody as assistant attorney general to direct the prosecution met the same fate. The state explained it introduced the transcripts as a precautionary move only.
    Gordon F. Kershaw, Medford, who received Mrs. Banks' "Proceed in order" note from the hands of Tommy Williams and delivered it to Sergeant James O'Brien. was a brief but emphatic witness at the Tuesday afternoon session. He testified on direct examination that he had stood on a lawn at Main and Quince streets, a block from the Banks residence, and watched Williams hand Mrs. Banks' note to Lieutenant Alex Dunn of the state police. When Lieutenant Dunn handed it back to Williams, Kershaw said he went across the street and asked Williams for it, and Williams had turned it over to him, with the words: "Take it; I don't want it."
    The note was given to Williams by Mrs. Banks, the testimony showed, after Williams, out of curiosity, had stopped his oil truck in front of the Banks home and Mrs. Banks had signaled him three times to "Please come and take this to the state police."
    The note directed: "Come and get George Prescott, and you will be all right. Then proceed in order.--Mrs. Banks."
    Efforts of Attorney Lonergan, under cross-examination, to have Kershaw change his story failed. The youth steadfastly clung to every essential statement he made. At one point Attorney Lonergan asked:
    "Mr. Kershaw, you are not trying to argue with me, I hope?"
    Kershaw assured the attorney he was not, and maintained he had sought the note because "it might be important evidence" and "wanted the police to see it."
    Coroner Frank Perl, who on his first appearance on the stand was under fire of the defense ace, was recalled, today, armed with documentary evidence. He testified to the appointment of a coroner's guard for five days over the Banks home, and presented the formal order therefor. Coroner Perl also presented a signed receipt from Mrs. Banks showing the house and contents had been turned back to her. The court denied the admission of these records on the grounds "it is not the duty of the court to pause and inquire into the manner in which the coroner performs his duties."
    Dr. C. I. Drummond, county physician, testified to the result of the autopsy over the body of Constable George J. Prescott. The court denied admission of the photos of the body as exhibits upon the grounds they "would infringe upon the constitutional rights of the defendants, and serve no good purpose."
    Constable Francis (Pete) Martin of Ashland and Harry Ingle of Ashland, named by Coroner Perl as guards over the Banks home, testified to their appointment. Martin was subjected to a lengthy cross-examination by attorney Lonergan on non-essential points.
Medford Mail Tribune, May 10, 1933, page 1


    EUGENE, March 9.--L. A. Banks, on trial for murder here, according to jail attendants was angered by the testimony of Phil B. Lowd, deputy sheriff, and former political protege of the former agitating editor. Lowd's testimony was also reported as highly disturbing to Mrs. Banks. The deputy testified to menacing boasts and words of Banks and his wife immediately following the killing. Lowd testified he had often called at the Banks home on business, and on one occasion had been a dinner guest. Both defendants watched him closely as he testified, and, at times, Lowd showed a reluctance to testify against his former political benefactor.
    Banks and his wife came to court Tuesday morning in a slightly less cheerful mood than for the past four days. Both manifested a keen interest in the arguments of Assistant Attorney General Moody, and clung intently to each word. They also listened with rapt attention to the plea of their own attorney. At times Banks closed his eyes as if weary from a sleepless night.
    When the court indicated that the revolver found in the Banks home would be admitted as evidence, Banks rocked in his chair and plainly showed annoyance. Both were grave and serious following the decision. Mrs. Banks leaned over once and smiled comfortingly to her mate. Banks smiled wanly at bits of testimony with a humorous tinge. In the afternoon, both seemed tired and depressed.
    Mrs. Ariel Burton Pomeroy and son, whose presence have not been noted lately around the courthouse, have returned here, it is reported. Mrs. Pomeroy is an intimate friend of the Banks and a staunch supporter of his political philosophy. As a defense witness, she is barred from the courtroom.
    Leonard N. Hall, editor of the Jacksonville Miner, and the target of a buggy-lashing effort by Mrs. Henrietta B. Martin, president of the so-called "Good Government Congress," arrived Tuesday morning with a pocketful of the last issue of his paper. He was accompanied by a son-in-law of E. A. Fleming, held in jail as a material witness.
    Paul Luy, former reporter on Banks' newspaper, was also among those present. Hall and Luy occupied seats just behind Banks and his wife. The defendants paid no attention to them.
    At the morning recess, Banks and his brother-in-law, Charles Moran, engaged in a conference with attorneys Phipps and Enright. The conference was continued in the anteroom, where Banks each day smokes a cigarette. He spoke graciously to newspaper workers, including a woman scribe formerly employed by him in the early days of his journalistic efforts in the valley.
Medford Mail Tribune, May 10, 1933, page 3


    EUGENE, May 9.--Charles Clause, one of the coroner's guards at the home of L. A. Banks following the slaying of Constable George J. Prescott, came to the witness stand Tuesday morning as a corroborating witness to those who testified relative to the search for, and finding of, evidence in the house. Clause said he was on guard at Banks' home for a few hours with Louis Jennings, then on Medford police duty.
    Attorney Lonergan, for the defense in cross-examination of Clause, asked:
    "And you bore animus towards Mr. Banks?"
    "Yes--to a certain extent," replied the former Ashland police chief.
    Immediately the fiery Irish defense chief [Lonergan] leaped upon the phrase and asked a series of questions, seeking to weaken him before the jury and to show animosity. Clause later modified his words to "not in any great particular."
    In response to one query Clause replied, "He ripped everybody up the back in his newspaper." Lonergan drew from him the admission that he, himself, had never been specifically mentioned.
    Clause was also asked:
    "You didn't like Banks?"
    "Not particularly," replied Clause.
    Attorney Lonergan dwelt lengthily on this point in an effort to show animus, but the witness denied he came to Medford and volunteered his services other than from a sense of civic duty, "and because of my experience as a policeman." Clause said he had been deputized "and never asked any pay for it."
    Clause spent a rather hectic half hour on the stand before noon under the harassing queries of Lonergan, and the grueling continued at the start of the afternoon, but Clause held to his main contentions unshaken.
    Walter S. Walker, state policeman stationed at Klamath Falls, testified to seeing Game Warden Roach find the empty cartridge shell in the ashes of the Banks fireplace. The state contends this was the death shell, and thrown in the fireplace after the killing. Walker corroborated the testimony of Roach.
    "Captain Bown detailed Roach and myself to the Banks home, to find the empty shell, and we found it," Walker responded to a defense query. Walker said the coroner's guard relieved them about five o'clock.
    Keith Ambrose, state policeman, formerly a Klamath county law officer on the stand, nettled attorney Lonergan with his brisk and detailed answers.
    "Don't argue with me--answer the question," Lonergan barked.
    Ambrose told of a trip to the Banks home on official business, the afternoon of the murder.
Medford Mail Tribune, May 10, 1933, page 3


    EUGENE, Ore., May 11.--(AP)--The state rested its case this afternoon and defense attorney Lonergan at once moved for the dismissal of the charges against Mrs. Banks, on the ground that absolutely no pertinent evidence against her had been adduced. The jury was sent out during the argument.
    EUGENE, Ore., May 11.--(AP)--Testimony by a state witness that Lewellyn A. Banks, 62, on trial for the slaying of George Prescott, Medford constable, had denied that he shot and killed the officer, was offered in circuit court here today as the state's case neared completion.
    Captain Lee Bown of state police testified that Banks, former Medford publisher and orchardist, told him a short time after the slaying: "I didn't kill Prescott. It was a third man who ran out of the house. When the time comes I will reveal his name."
    There had been no previous indication that the slaying of Prescott had been denied by Banks, who with his wife was indicted for first degree murder. Prescott was shot to death at Banks' house when he tried to serve a warrant on the newspaper editor.
    What notice the defense will take of this testimony was not indicated. Banks' attorneys had previously declared they would not attempt to controvert the state's testimony that Banks shot and killed Prescott, but would try to show that the defendant fired the fatal shot after he had been driven to a point of desperation by persecution at the hands of county officials.
    The Banks statement was the highlight of the morning which saw several important clashes between state and defense. The "Mother to Daddy" letter was ruled out by the court after Mrs. Margery Satterlee, former Banks secretary, identified Mrs. Banks' handwriting. A lengthy argument followed between counsel but Judge Skipworth ruled out the note on the grounds that no time of its writing had been established and that it did not refer in particular to the officers.
    Edward K. Thomas, auditor for the state industrial accident commission, revealed a damaging statement made by Banks two days before the killing. Thomas, called to the stand following the dismissal of Mrs. Satterlee, said he had called at the Banks home and asked for payroll papers on the Black Channel mine, of which Banks was president.
    An accident had been reported there, but no formal statement had been made. "I must have the payroll accounts," Thomas said he told Banks. "If you do not give them to me for inspection I will have to get out a subpoena."
    "At this point," said Thomas, "Banks leaned forward in his chair and said, 'Why G-- damn you. I would bust your heart out or any other man's heart out who came up to this door.' Banks then made a motion pantomiming the shooting of a rifle. I said, 'Surely, Mr. Banks, you wouldn't be a foolish as to do that.' Then a woman came in and I went out."
    Lee Bown, captain of the state police stationed at Medford, was next called. He told of a telephone call which informed him of the death of Prescott, and of a subsequent call from Mrs. Banks asking for Sheriff Schermerhorn or Deputy Sheriff Lowd to come for Mr. Banks.
    Bown said he explained that both were out of town, and after leaving the telephone to talk with her husband Mrs. Banks returned to say that Banks would surrender provided he would be taken to the Medford jail.
    "I told her I couldn't make promises, but after further discussion she said that Banks would give himself up to me. As I left the station, Lowd drove up and offered to go along.
    "When we got to the door I heard a bolt open and Mrs. Banks admitted us. Banks was in the dining room and we shook hands. He left his left hand in his pocket and I asked him if it was a gun. He said. 'No, if it was, I might be tempted to use it.'
    "Banks then nodded towards the door and said, 'That man tried to break into the house. He tried to force his way past Mrs. Banks and I shot him.'"
    Bown then related the incidents attendant upon the trip to Grants Pass with Banks. Phil Lowd accompanied them. They discussed the gun Banks had used and Banks said he fired but one shot with the rifle, which he had bought for mountain lion hunting. Banks then handed Bown six cartridges from his pocket saying, "I guess I'll have no further use for these."
    Banks then asked why Prescott had served the warrant and Bown explained they were made out to be served by the constable. Banks wanted to know who the younger man was with Prescott, and Bown said he thought it was Officer O'Brien.
    "I could have shot him too if I had wanted to," Bown quoted Banks as saying.
    Banks was taken to the Grants Pass jail, and two days later Bown returned and talked with him.
    "Banks said he had heard newsboys shout headlines, 'L. A. Banks killed Prescott.' Then Banks said, 'I did not shoot him. When the time comes I'll name who fired the shot. He was a third man in the house, and he left right afterwards and mingled with the crowd. I saw him on Peach Street as we left for Grants Pass.'"
    On cross-examination, Bown denied knowledge of any threats against Banks' life made by Prescott or any state policeman.
Medford Mail Tribune, May 11, 1933, page 1


    EUGENE, May 10.--Four additional witnesses for the Banks defense have been listed with the Lane County clerk, as follows:
    County Judge Earl H. Fehl, close personal associate, political ally of Banks, and indicted in the ballot theft case with bonds at $15,000.
    William H. Gore, banker-farmer.
    V. J. Emerick. former mayor of Medford and well-known long-time resident of the city.
    J. F. Reddy, "boom day" mayor of Medford, and long identified with Southern Oregon mining development.
    The four are reported to have been called as character witnesses.
    Other witnesses listed with the Lane County clerks for the defense are:
    Henrietta B. Martin, catspaw of Banks in his political schemes, "Good Government Congress" president, and at liberty under bonds on a buggy-whip assault indictment.
    Arthur LaDieu, former business manager of Banks newspaper indicted for ballot theft, and at liberty on $7500 bonds.
    Walter Jones, mayor of Rogue River, indicted for ballot theft, at liberty on $7500 bonds.
    Suspended Sheriff Gordon L. Schermerhorn, indicted for ballot theft, and at liberty on $7500 bonds.
    L. O. VanWegen, indicted as aide of Mrs. Martin, in the buggy-whipping case, and at liberty on $1500 bonds.
    Amos W. Walker, deposed deputy sheriff.
    Mrs. Ariel Burton Pomeroy, intimate friend of Mr. and Mrs. Banks, and active in the "Congress."
    R. A. Boyce, Tolo district farm youth, Mrs. May Murray and her daughter, Effie Lewis; P. M. Morrison of the Ashland district, John Wheeler of Medford. A. J. Cox of Medford, and B. R. Harwood, Medford photographer, and Dr. F. G. Swedenburg of Ashland, a personal and business friend of Banks.
Medford Mail Tribune, May 11, 1933, page 1


    EUGENE, May 10.---Expectation that the trial of L. A. Banks and his wife, Edith Robertine Banks, charged with first degree murder, would be completed by next Wednesday was expressed today by attorney Joseph R. Hammersly, one of the big guns of the defense battery of legal talent. Attorney Hammersly predicts that next Tuesday will be the final day. Assistant Attorney General Ralph E. Moody stated in open court Tuesday, at adjournment, that the state would complete its case Thursday.
    Counsel for both sides were busy all day Wednesday and far into the night, making ready for the final stages of the courtroom drama.
    The defense, according to attorney Hammersly, will require two days, and be concluded by late Saturday afternoon. Monday will be devoted to rebuttal testimony of both sides, if any; Tuesday will bring the closing arguments and the instructions of the court. Attorneys Lonergan, Hammersly and Enright are scheduled to make final pleas. Assistant Attorney General Moody, a brilliant pleader and orator, will make both the closing addresses for the state, it is now planned.
    Attorney Hammersly is a former Gold Hill resident, and a member of a well-known Southern Oregon pioneer family. He acted as special prosecutor under appointment of the Oregon attorney general, in the Dr. Richard B. Brumfield murder trial at Roseburg, ten or twelve years ago. Dr. Brumfield, a Roseburg dentist, was convicted of slaying Dennis Russell, a Douglas County hermit, and substituting the body for his own in an insurance policy collection hoax. Brumfield, under a death sentence, committed suicide in a state prison death cell and cheated the noose.
    In the Brumfield case, as in the present Banks trial, the murder was admitted. Brumfield entered a plea of insanity, as the Banks defense now contemplates doing, according to press reports. Attorneys for Banks were quoted Wednesday as saying they would interpose a temporary insanity plea, based on a paranoia angle, along with other lines of defense.
    It is expected that the defense will attack the methods of the state police and officials, allege Banks was in fear of alleged threats told him by his followers, and contend that Constable Prescott, when he came to the Banks home bearing a warrant for Banks' arrest on a ballot theft indictment, attempted to break down the door. The defense, it has been indicated, will contend that Banks "was persecuted to the point of desperation" by his financial and personal woes, and was temporarily unbalanced when he fired the fatal shot.
    The defense has intimated that it will question the validity of the ballot theft indictment against Banks, and further contend that the present trial is illegal, because the district attorney's office of Lane County is not represented at the trial. Both are legal technicalities.
    The defense has in its possession certified copies of the criminal and civil proceedings against Banks the past four months, totaling more than 30 proceedings, mostly for the collection of money due on orchard mortgages, agreements, and for labor.
    The front door of the Banks home, which Mrs. Banks opened as far as the night chain would permit, and through which Banks admittedly fired the shot from a high-powered rifle that snuffed out the life of Constable Prescott, will play an important role in the closing evidence of the case.
    Mrs. Banks, against whom a stronger case has developed than generally expected, in three different statements shortly after the murder, declared that "Mr. Prescott tried to break into our home, and we had to shoot him." To Miss Charlotte de Ford, her matron for an hour after the murder, she said, in telling of the crime, "Look at the door. He tried to break in." The defense will likely endeavor to show forcible entry.
    B. R. Harwood, Medford photographer, has been subpoenaed by the defense to show photos he took some time after the murder, showing the door and interior and exterior views of the home.
    The state, to combat this phase of the defense's case, will call photographer Verne Shangle of Medford, who has taken pictures of the door the past week. The state also now has in evidence a photograph of the door taken by Shangle an hour after the murder. The keys to the Banks home have been in the possession of the Medford National Bank since that institution executed a mortgage foreclosure against it early last month. The keys were turned over to the defense counsel three weeks ago, to permit them to take photographs.
    The "Mother to Daddy" note found in a pocket of a coat in the Banks home, which the state holds is a link showing premeditation, deliberation and preparation by the two defendants, and their motives and state of mind before the crime, will be presented by the state for admission as evidence. The defense will probably contest its materiality. The state will contend the note--the contents of which have not been revealed--comes under the same authorities of law as the .38-caliber revolver found under a woman's coat on a hall cot in the Banks home the afternoon of the killing, and which the court ordered admitted.
    The state will combat any insanity plea with the contention that Banks is legally sane, and knows the difference between "right and wrong," within the legal definition of the term; that paranoia is not a basis under Oregon law for an insanity plea; and neither as "obsessions or delusions of grandeur or greatness," and hold that Banks is a profound egotist, given to homicidal boasts and threats; and further contend the murder was a fulfillment of a long series of spoken and written threats.
    Among the closing witnesses for the state will be Captain Lee M. Bown of the state police, who will tell of the arrest of Banks, his transfer to the Josephine County jail, and Banks' statements after the murder.
    Deputy Sheriff Phil Lowd will be recalled to the stand to repeat the threat against him, as Lowd testified to at the Schermerhorn ouster proceedings.
    Other witnesses will be called to tell of purported threats made by Banks a few days before the slaying.
Medford Mail Tribune, May 11, 1933, page 1


    EUGENE, May 10.--Earl H. Fehl, county judge of Jackson County, accompanied by his wife, Electa A. Fehl, spent a few hours in Eugene late Tuesday afternoon on his return trip from Salem to Medford. During his stay in this city, with Judge Fehl in his auto were Henrietta B. Martin, catspaw of Banks in his political plotting and president of the so-called "Good Government Congress," and May Powell, bondswoman for some of the men indicted for ballot theft.
    The purpose of Judge Fehl's visit to Salem was not announced, but some of his friends and supporters, here as witnesses for the defense in the Banks case, said "they heard it was in connection with getting his paper published in Salem."
    Fehl did not pay a visit to his former political captain in his cell in the county jail, Banks being busy in conference with his attorneys. Fehl visited with Banks Sunday and talked for an hour with him.
    E. A. Fleming, one of the major witnesses for the state, and who is scheduled to be recalled, testified that when he came to the Banks home on the morning of the murder, Banks said: "Fehl and Coleman had a long conference yesterday, and are making a political swap. They are trying to make me the goat in this ballot business." Banks in the same conversation threatened violence if an arrest was attempted, against which Fleming said he cautioned, to no avail.
    Attorney Phipps, one of the defense counsel, talked with Banks for an hour Wednesday morning. Banks was reported as cheerful "as one could be under the circumstances."
    The worry and strain of the trial are beginning to show upon the two defendants, particularly Mrs. Banks. Following Assistant Attorney General Moody's argument to the court for the entrance of the .38 revolver and shells, found under a woman's coat on a cot in the Banks home on the tragic afternoon, there was a decided change in her attitude. Most of the remainder of the day she sat with her head resting on a clenched fist, gazing intently at the floor. She appeared very tired and depressed.
    Banks, during the Moody argument, paid agitated attention and was plainly dejected by the court's ruling allowing the admission of the evidence. He frequently closed his eyes. At other times he was alert and manifested petulance when defense cross-examination failed to weaken the state witness.
    Eugene continues to show but slightly more than passing interest in the murder trial that is of such commanding interest to Jackson County. It is not a "live" topic of conversation on the streets and in the clubs. During the trial fully 50 percent of the spectators have been women, with a fair showing of men. Some of the women have not missed a session, and come as early as 7 o'clock in the morning to be ready for the opening of the doors at 9 o'clock. The court room is cleared each noon. Many of the women spectators bring their needlework.
    Many women attending the trial ask to have Henrietta B. Martin pointed out to them, and manifest a desire to see her. She spends most of her time in the witness room.
Medford Mail Tribune, May 11, 1933, page 9


    After winning many contested points, and introducing much damaging evidence during the week, prosecuting attorneys in the case of the State versus Mr. and Mrs. Llewellyn A. Banks will rest their case today, with the defense preparing to present their case tomorrow.
    The statement, "We did it," alleged to have been made by Mrs. Banks when asked by Tommy Williams, truck driver, who had killed Constable Prescott, was one of the strongest bits of testimony against her, individually, brought out during the trial. Mrs. Banks called Williams to the house shortly after the killing, to deliver a note to police.
    Mrs. Banks is also quoted as saying to state policeman Clyde Warren, "Prescott was trying to break into our home. We had to shoot."
    A mysterious note which has often been referred to, but whose contents has not been revealed to the jury, has figured prominently this week. It was found in a pocket of a coat belonging to Mr. Banks when the house was searched, and is to "Daddy," and signed "Mother." The defense contends that the state has not proved that the note really belongs to the defendants.
    Other notes addressed to police, stating that if they sought to arrest Banks there would be bloodshed, were admitted.
    It has been hinted that the mystery note refers to the Banks policy in resisting arrest, and that the best place to make their "stand" was at home.
    The prosecution scored heavily Tuesday when the court admitted as evidence a pistol, cartridge belt, holster and shells found hidden under a woman's coat on a cot in the Banks home, during the close search of the house on March 16, the day of the murder.
    Ralph Moody, state's attorney, contended that the presence of the revolver at the scene of the crime tended to show the existence of a conspiracy, backed by a deliberate and premeditated plan, in which both defendants took part.
    The court held that as the defendants are charged with first degree murder, the state must show premeditation and deliberation, and that this paraphernalia, although not directly connected with the commission of the crime, "were competent as evidence to show the intent and preparation of the defendants."
    Thirteen witnesses are to be called by the defense, which has hinted through a spokesman that insanity will be included in the plea for Mr. Banks. His attorneys state that they have a very strong case and are confident that they can prove Mr. and Mrs. Banks are not guilty of the murder as indicted.
    They seem to be "leery" of the so-called "mystery" note, however, and have stated that they will do all in their power to suppress it.
Gold Hill News, May 11, 1933, page 1


    EUGENE, Ore., May 12.--(AP)--In a sudden, bold move that surprised the courtroom, Llewellyn A. Banks was placed on the witness stand here today by his attorneys as the first defense witness in his murder trial.
    A short time before the court had denied a defense motion for dismissal of the first degree murder charges against Banks and his wife, Edith Robertine Banks, accused of slaying Constable George Prescott of Medford.
    Taking the witness chair calmly and without apparent concern at having heard himself branded a few moments before by Ralph Moody, chief prosecutor, as a "coward hiding behind a woman's skirts," Banks began the story of first degree murder.
    "I am a direct descendant of John and Priscilla Alden, who came to America on the Mayflower," Banks began. "My father fought in the Union forces during the Civil War, and he served his community as a justice of the peace for many years and until the time of his death. I was brought up in a law-abiding home and many times watched justice cases being tried in the front room of our home."
    Banks said he was born and raised in Ohio, and his father had a "small fruit farm and a large family." His father sold his fruit on a consignment basis, and many times young Banks watched the pained expression on his father's face as the elder Banks read the amount written on checks from consignment houses for his year's crop of fruit.
    Young Banks resolved at that time that "when I grew to manhood I would buy and sell fruit for cash and give the producer and grower a fair return for his produce."
    Banks then related how he entered the fruit growing and selling business in Ohio, making a considerable fortune. He came to California and entered the citrus fruit business, coming to Oregon in 1921, after having bought 50 carloads of apples for which delivery could not be made. He had given $25,000 cash in advance, and to get his money out of it he had to take over a farm property near Medford and assume its other operations.
    Eventually he began packing fruit and encountered the animosity of the Medford packing concerns which have since been fighting him, he said.
    Banks' testimony was expected to last several hours, although Prosecutor Moody was occasionally objecting to the "rambling story."
    The ruling against the dismissal of Mr. and Mrs. Banks climaxed a morning of bitter controversy between state and defense counsel. Judge Skipworth ruled there was sufficient evidence to hold Mrs. Banks, and that it was for the jury and not the court to decide on the merits of the evidence.
    Moody had argued against a dismissal and called Banks "a coward hiding behind the skirts of his wife, who did not wish to go forward and answer the door in answer to Prescott's knock because he knew the officers would get him."
    Moody argued that there was sufficient evidence to hold the woman. Frank Lonergan, chief of the defense counsel, was equally eloquent in his appeal for Mrs. Banks, describing her as an innocent woman who acted upon her husband's orders in writing the letters and opening the door at the time of the tragedy. The defense made no real effort to get Banks' case dismissed, although he had been included in the original motion for dismissal.
    As the afternoon session started, Moody objected to Banks' testimony and asked that it be barred. "The defense has indicated that it will enter an insanity plea and has pointed all of its questions in that direction. I object to the lengthy telling of Banks' life story and the accusations he is hurling from the witness stand."
    Skipworth ruled that Banks' testimony would be heard, but that the jury would not accept it either as truth or untruth, but as an oral "picture" of the man himself. If the insanity plea is entered, Banks' story and its manner of telling will give the jury a basis for its decision.
    Lonergan protested that Banks' story should not be interrupted, and said the defense hazarded it as important because it would seek to prove that Banks had been persecuted and threatened, leading inevitably to a condition of mind that resulted in tragedy.
    Banks reviewed his life in Medford under three divisions: First, his fight with the big packing interests; secondly, the fight over the sewage bond issue which Banks said he through his newspaper defeated, and saved the city of Medford $235,000 and thirdly, a fight against the franchise drawn up between Medford and the California-Oregon Power Company.
    Banks said then that "as a result of all the fighting in Jackson County, a total of six murders were committed. Three of these murders were by officers of the law."
    In scathing terms he attacked George A. Codding, district attorney of Jackson County and at present a member of the state's counsel. Time after time Banks denounced Codding, as well as Assistant District Attorney Neilson.
    As to Prescott, the constable whom Banks shot, the orchardist said Prescott had twice threatened Banks' life and was known to be out to "get" Banks.
Medford Mail Tribune, May 12, 1933, page 1


    EUGENE, May 11.--"G-- d--- you! I'll cut your heart out with that rifle, or the heart of any man who comes to that door (pointing to the front door of the Banks home) with a subpoena for me."
    This, testified Edward F. Thomas of Medford, an auditor for the State Industrial Accident Insurance Commission, was the death threat uttered by L. A. Banks in his own home, on the morning of Tuesday, March 14 last--two days before the slaying of Constable George J. Prescott when he came to Banks' front door with a warrant. Banks and his wife are on trial here on a first degree murder charge for the killing. Thomas was called as a witness Thursday morning by the state.
    Thomas testified he went to the Banks home to discuss securing the payrolls of the Black Channel Mines, Inc., for auditing. He said Banks greeted him cheerily, and they were soon seated, Banks in a rocking chair, and Thomas opposite him.
    "I told him it would be necessary to secure the payrolls, and collect the fees," Thomas testified. "Otherwise it will be necessary to issue a subpoena for them."
    With the word subpoena, the witness testified, Banks leaped to his feet, making a motion as if to pick up a weapon, pointed at the fateful door and bitterly voiced the dire threat.
    Thomas testified further:
    "I said to him: 'Surely, Mr. Banks, you wouldn't be foolish enough to do a thing like that.'"
    Just then a knock came at the front door and Thomas left, he said in conclusion.
    Under cross-examination by attorney Lonergan, Thomas was asked less than half a dozen questions, chiefly about his appointment to the state job.
    Further heavy blows were dealt to the defense in the direct testimony of Captain Lee M. Bown, in charge of the state police for the Southern Oregon district. Captain Bown told of how Banks had said to him, in a conversation in the Josephine County jail, on the evening of March 18, in the presence of Phil Lowd, deputy sheriff and former political protege of Banks:
    "I hear the newsboy calling 'Banks Kills Prescott.' That is not so. At the proper time I will prove who fired the shot. Please remember that I say when THE shot was fired, not when I fired a shot. A third man fired the shot and ran from the house."
    It has been the supposition that one of the theories of the defense would be that "a mysterious third man" killed Constable Prescott. Its revealment from the lips of a state witness was a surprise.
    Captain Bown testified further that Banks told him: "In my home you will find a suitcase packed for a trip. I was going to the Gyger mine on Forest Creek for a few days, and would not have been at home when Prescott came, if I had not been delayed."
    Banks, the official testified, told him that "he had a premonition something was going to happen, and sent Janet away." It developed that "Janet" was Mrs. Janet Clements Guches, Banks' secretary.
    The defendant also told Captain Bown that he had been advised by telephone that indictments had been returned in the ballot theft cases and "was advised you are one of the number." He made arrangements to have L. F. Belknap, a retired minister who recently sued Banks for the return of his orchard for failure to make payments to go his bonds. The witness said Mrs. Guches carried a note and quitclaim deed to Belknap.
    Captain Bown also said that his mission to the Grants Pass jail was to take Banks his mail, and that Deputy Lowd accompanied him. He said Banks thanked him and said, "I'm glad to see you, as I wanted to have a talk with you."
    Banks expressed surprise that Mrs. Banks was in custody, and took from his pocket $5, which he asked Deputy Lowd to give to Mrs. Banks, then held in the Jackson County jail. The prisoner then asked about his daughter, Ruth May, and was told, "She is in school and in the good care of relatives."
    Banks asked Captain Bown why no inquest had been held, why the grand jury had not met in the regular grand jury room, and why the autopsy had been held at Conger's, instead of the Perl Funeral Parlors.
    Captain Bown testified that Banks told him there were no other guns in the home. other than the death rifle and a revolver, "but LaDieu might have one--I don't know."
    The witness also testified that Banks told him a man by the name of Gyger, Dr. Reddy and Wesley McKitrick, a "hired guard," were going on the Forest Creek trip, and they intended to be gone "a couple of days."
    Captain Bown testified to events of the morning of March 16, and to conversations held with Banks while en route to Grants Pass in an auto.
    "About 10:30 o'clock on the morning of March 16, I received a telephone call, stating that Officer Prescott had been shot at the Banks home. I immediately informed Chief of Police McCredie, and ordered Lieut. Dunn to proceed to the Banks home, with Chief McCredie.
    "A few moments later I received another phone call, from a woman who said she was Mrs. Banks. She said 'Mr. Banks desires to surrender to either Sheriff Schermerhorn or Deputy Lowd.'"
    "I told her Sheriff Schermerhorn was not in town, and that the whereabouts of Deputy Lowd were not known.
    "After a few moments' silence the the woman's voice said:
    "Mr. Banks will surrender to you personally, if given assurances he will be held in the Jackson County fail.
    "I told her no such agreement could be made, and that if Mr. Banks did not surrender steps would be taken to clear the house and apprehend him. She then said he would surrender.
    "Deputy Phil Lowd arrived at this time, and he asked where I was going. I told him to get in the auto and I would tell him," the witness said.
    Testimony then showed that Deputy Lowd went to the Banks porch first, and assisted the deputy coroner in removing the body of Constable Prescott. When Captain Bown arrived, Lowd called his attention to two letters lying on a door mat. Captain Bown picked them up and entered the house.
    Banks, the witness said, was standing in the living room, with hat and overcoat on, and wearing golf trousers. They shook hands. Deputy Lowd was nearby, and asked Banks, "Have you a gun in your pocket," and Banks replied: "No, if I had one I might be tempted to use it."
    Banks then said: "That man (pointing to the porch) tried to enter my house, and force his way by Mrs. Banks, and I shot."
    As Banks, Lowd and Captain Bown were leaving the house, Banks said to his wife: "I'm going to be all right, dear." The officer promised Mrs. Banks she would be advised where her husband was held, and at that time she did not anticipate arrest herself.
    Captain Bown corroborated Deputy Lowd's testimony of the trip to Grants Pass, and statements made by Banks, in which he admitted shooting Prescott "the same as any other burglar," and declaration of Banks he would "probably have shot any officer who came to the door."
    Captain Bown also corroborated Lowd's testimony relative to the six game rifle cartridges given to him, with the words: "I guess I won't have any further use for these," the single shot fired, and why Sheriff Schermerhorn had not been detailed to serve the warrant for ballot stealing.
    Captain Bown also testified that Banks "was cool and collected and very calm" and manifested pride in the vicious power of his rifle, and discussed different brands of cigarettes, and said: "I always smoke Old Golds and use a holder, as it gives me a cool smoke. I clean out the holder every morning."
    The state police official said, in response to a request, he assured the prisoner he would have a clean cell by himself.
    The cross-examination by defense attorney Lonergan was mild and lasted less than an hour.
Medford Mail Tribune, May 12, 1933, page 1


    EUGENE, May 11.--The oft-mentioned "Mother to Daddy" note of this murder trial, which the state contends was written by Mrs. Banks to Mr. Banks, was denied admission by a court ruling Thursday morning, on the grounds its introduction as evidence would constitute a glaring error and grounds for reversal in a higher court.
    Only a sentence in the note was read by the court, and it was as follows:
    "If you are going to fight, fight in the home."
    The court held the note was not competent as evidence because it bore no date and no evidence to show when or where written, and for whom intended, and mentioned "no specific class" or person, and no proof of authorship by either defendant.
    Assistant Attorney General Moody, in a stirring appeal, declared the note was "a link connected with Mrs. Banks' "proceed in order" note and Banks' "threat of bloodshed" letters, and showed "deliberation, premeditation and preparation on the part of those two defendants, who conspired together for the commission of this murder." The note was found in the pocket of a coat in the Banks home.
    "The two of them prepared and planned for the death of any officer who came with warrants, and the note shows conspiracy," it was declared.
    "The letter gave advice on how to act. Mrs. Banks sent out a note, telling someone to come and get the body and then 'proceed in order.' This note is akin to that missive, and is as admissible as the revolver found on the hall cot in the Banks home. They had a plan. They did not change their plan--only the details."
    The defense's objection contended the note was a "confidential matter, without foundation, not identified as Mrs. Banks' handwriting, and prejudicial to the defendants."
    Attorney Lonergan twitted attorney Moody by calling his remarks "preparation for your jury address," and "it has been 16 years since I heard his voice raised to so high a pitch."
    The jury was excused during the argument. Mrs. Marjorie Satterlee, a young mother and former secretary to Banks, now a resident of Roseburg, testified she was acquainted with the handwriting of both defendants, and that in their writing, "Daddy, dear," and "Mother" were favored terms of endearment between the pair.
    Both Banks and Mrs. Banks were cheered by the rejection of the note, but their spirits drooped with the damaging testimony of Edward Thomas and Captain Bown later. Both defendants became moody later in the day, and sat with bowed heads. Mrs. Banks seemed wearier than on any day of the trial.
    Rapt listeners of every word are Charles P. Moran of Cleveland, Ohio, and his wife, a sister of Banks. A serious mien has come over Moran the past two days, as the state drives home its most damning testimony and evidence. Moran its reputed to be supplying finances for the Banks' defense.
Medford Mail Tribune, May 12, 1933, page 1


    EUGENE, Ore., May 11.--Arguments on a motion, interposed by the defense, seeking a directed verdict for Mrs. Edith Robertine Banks, jointly indicted with her husband, L. A. Banks, for first degree murder for the slaying of Constable George J. Prescott March 16, occupied most of the afternoon court session here. Decision and closing arguments were reserved until Friday morning.
    The state rested its direct case Thursday. Immediately thereafter the defense introduced its motion.
    Attorney Joe L. Hammersly of Portland made the defense argument for a directed verdict, reviewed the testimony and cited a decision in an Arkansas case at length as the legal meat of his argument.
    He declared that mere presence at the scene of a crime was no evidence of guilt; declared no evidence has been introduced to show that Mrs. Banks "incited or encouraged murder," and that "she committed no overt act, or showed guilty intention."
    The only testimony linking Mrs. Banks with the murder, attorney Hammersly said, were statements made after the killing. "We killed him," and the fact that she had opened the door.
    "The testimony that she opened the door only the length of the burglar chain," declared attorney Hammersly, "is in her favor. Had she been minded she could have opened the door its full width and placed Constable Prescott in a fuller position as a target."
    The defense counsel contended no evidence of a conspiracy had been introduced.
    "I do not care," said Assistant Attorney General Moody, in reply, "whether you call it a conspiracy, or a joint act. It was no tea party. The evidence shows that it was a deliberate, calculated, premeditated, cold-blooded, carefully planned murder, carried out with precision. The circumstances conclusively point to this state of affairs.
    "Mrs. Banks went to the door and opened it. She knew they were officers. Did she open the door wide, as one receiving guests or callers? No! She opened the door the width of the burglar chain. She was a party to the joint act--the murder. The evidence shows there was a secret understanding between the defendants--they were acting together--and by reason thereof Mrs. Banks stepped aside and Constable Prescott was murdered when Banks pulled the trigger.
    "The letters, dictated by Banks and and typed by his wife, threatening bloodshed if an arrest was attempted, were never written as a warning--but as an alibi for Mrs. Banks--as an excuse for her going to the door and opening it. There is evidence that the letters were placed outside the door after Prescott had fallen. Sergeant O'Brien, the eyewitness, did not see Mrs. Banks pass them out. Tommy Williams testified he saw Mrs. Banks open the door three times, and one time she stooped as if she was placing something upon the door mat, where the letters were found. Both incidents occurred before Banks was arrested.
    "Mrs. Banks acted with her husband, and there is sufficient evidence to warrant its going to the jury for a decision rather than by a ruling of the court."
    At one stage of his argument attorney Moody declared that "both defendants merit the highest degree verdict," and Banks and his wife winced under the words.
    Attorney E. E. Kelly was the final witness for the state in its direct case. He identified the handwriting of Banks, as signed to a letter written by him to L. F. Belknap, retired orchardist of Medford, and read to the jury. It was as follows, typewritten on Suncrest Orchards, Inc., stationery:
    "Rev. L. F. Belknap,
    "Medford, Oregon.
    "My Dear Friend:--I am sending you a quitclaim deed for the orchard by Mrs. Janet Guches, my secretary, and you can let her know what your decision will be.
    "It may be necessary to have you go on my bonds, on some trumped-up charge, and of course you know I am not guilty. We have had to sign so many bonds for our friends that we are out of bondsmen, so are asking you to assist."
    The letter was signed by Llewellyn A. Banks and was sent the morning of the murder.
Medford Mail Tribune, May 12, 1933, page 6


    EUGENE, Ore., May 13.--(AP)--Protesting that through fear of his own life and the safety of his wife he shot and killed a constable who was at his door, Llewellyn A. Banks, 62, gray-haired and austere, today from the witness stand told of the slaying of the man for whose murder he and Mrs. Banks are on trial.
    The former Medford newspaper publisher and orchardist sometimes shouted or shrieked in rage and beat his fists on the chair as he declared that Constable George Prescott, the man he shot to death, "had repeatedly threatened my life." He added "I shot through the door to scare them. * * * They tried to break into my home. * * * I believed Mrs. Banks and I were in danger."
    After he had completed his account of the fatal shooting, Banks declared, "If they had been where they belonged, nobody would have been killed!"
    The defense was caught in utter surprise when the state dismissed Banks casually after having asked him two or three unimportant questions. Frank Lonergan, chief of defense attorneys, was obliged to ask for a postponement, as he had no witness prepared to testify. The case will be resumed Monday morning. Mrs. Banks and two defense alienists will testify in support of the defense theory that Banks shot Prescott to death in a sudden fit of mania induced by continued and systematic persecution at the hands of corrupt Jackson County officials.
    EUGENE, Ore., May 13.--(AP)--Shouting with rage at times, and declaring "I shot through the door to scare them," Llewellyn A. Banks, 62, admitted from the witness stand in court here today that he fired the bullet which plowed through the heart of Constable George Prescott at Medford last March 16.
    "If they had been where they belonged nobody would have been killed," he shouted at the jury.
    Banks, former newspaper publisher and orchardist at Medford, and his wife, Edith Robertine Banks, are on trial for first degree murder. Prescott was shot to death while trying to serve a warrant for Banks' arrest.
    "Prescott had repeatedly threatened my life," Banks declared as he told of the fatal visit the constable and Sergeant James O'Brien of state police. paid to his home. "They tried to break into my home. I believed Mrs. Banks and I were in danger."
    "I saw him (Prescott) at the door after he knocked," Banks said, "and I asked Mrs. Banks to hand the letters out to him. I went and got my rifle. When I returned, Mrs. Banks was pushing against the door but it was gradually being forced in. I could see it bulge.
    "I thought I could see the point of a pistol through the door. I had been hiding, trying to escape from them. I could see a very little strip through the door and could see a man's body. I couldn't hear what Prescott was saying but I could hear his voice. I felt that in an instant there would be a tragedy. I thought a shot might frighten them away. So--"
    The elderly defendant showed frequent bursts of rage as he told about his troubles at Medford. He alleged it had been necessary for him to heave a guard for months. He said he was planning to go to the mountains for a rest when the officers got to his house.
    "What was your mental condition on the morning of the shooting?" defense attorney Frank Lonergan asked.
    "I don't know," said Banks. "I was confused, if I thought at all. I thought Mrs. Banks was in danger."
    The elderly defendant began his story by saying he had bought his rifle and the .44 revolver in California in 1916 and had brought them to Medford in 1936. They have been in the house since. On the morning of the shooting he had taken the rifle out of the window seat where it had been kept and laid it on a cot in the hall. He had strapped the revolver and holster around his waist.
    At the breakfast table the gun bothered him so he took it off and laid it on a telephone stand. It was never moved after that, he said, and he denied having left it with the rifle on the card table where state officers claim both weapons were found.
    "On the morning of the tragedy I was planning to go to a mining camp in the mountains and get away from the turmoil," said Banks.
    "I kissed my little daughter goodbye as she started for school and said 'Babe, I don't know where I'll be tonight but wherever it is, I'll be all right.'"
    "I then asked Mrs. Banks to write letters to Chief McCredie and Captain Bown. Mrs. Banks took the dictation on a typewriter. I read and signed the letters and told her I wanted them delivered after I left for the mountains.
    Just as we finished the letters, the telephone rang. It was Mrs. Art LaDieu. She said her husband had been arrested and his car confiscated and she couldn't deliver our milk. Mrs. Banks drove over to pick her up. Just then Janet (Mrs. Guches, my secretary) came in. I executed a quitclaim deed and wrote a letter saying I might need Rev. Belknap for bonds. I sent Janet out to give Mr. Belknap the deed and the letters.
    "Just as Janet was leaving Mrs. Banks returned. There were a lot of people from the Good Government Congress there that morning.
    "The night before Mrs. May Powell had called on me and said she had heard George Prescott say he was going to 'shoot L. A. Banks on sight.' I told her I'd heard it so many times it didn't mean much any more. She said, Mr. Banks, I'm warning you, you're in danger.'
    "I had been in danger for weeks, and whenever I wanted to go to a meeting of the Good Government Congress, my friends would always provide a guard. The guard would call for me, put me in the rear seat of my car between two men, drive me to the meeting and accompany me into the hall.
    "I would talk. Sometimes there were 2000 people there, and as I'd leave the platform the applause would be deafening because they knew I'd come at the risk of my life.
    "But to get back to the morning of the sixteenth. Just as Janet was leaving Mr. E. A. Fleming came in. He took a chair and we talked about raising bonds for our friends who were in jail--or might be in jail. They had disappeared, and we didn't know where they were.
    "A knock came on the door. Mrs. Banks was in the kitchen. I couldn't see who was at the door so I got up and looked through the window. I saw it was George Prescott and a plainclothes man. This plainclothes man had been making most of the arrests. I had written articles about him but had never met him.
    "I said to Fleming, 'The officers are here. You'd better leave.' It was very tense in there and I didn't see what he did. I went to the kitchen and asked Mrs. Banks if she would pass two letters through the door. I said, 'Put the chain on the door and under no circumstances let them enter the house.'
    "She had been washing dishes and she quickly dried her hands and went back through the house towards the door. I went from the kitchen to the hall near the bedroom and picked up the rifle.
    "When I arrived in the front room Mrs. Banks had her hand through the door. She was passing out the letters. I saw Prescott's foot on the jam of the door and Mrs. Banks was pushing on the door with all her weight and saying, 'You shall not come in. You shall not come in.'
    "I was at an angle from the door and the opening could hardly be seen. But the opening was widening…I saw Prescott's foot and I saw what appeared to be a pistol. I believed at that instant the door would break open. Mrs. Banks was struggling. I called out in a loud voice that could have been heard for four blocks, 'Get away from that door!' Twice I called out.
    "I raised my rifle and shot through the crack. You could scarcely see it but could make out a strip of a man's body.
    "My mental condition was just this. I had been hiding away from these officers. I was about to leave and would have been to the mountains then if I had not been delayed. Now they were breaking down my door; they were threatening my home. I believed my life and Mrs. Banks' was in danger. I knew those men had threatened my life. I could see the door bulging! I could hear Prescott's voice.
    "I couldn't hear what he was saying but I could hear his voice. It seemed to me he was threatening me through that door. I felt in an instant there would be tragedy. I thought a shot might frighten them away. I didn't shoot at anybody. I didn't see anybody. If they had been where they belonged outside the door, Prescott wouldn't have been shot."
    At this point the court recessed, and when Banks returned to the stand he began a series of denials of testimony which state's witnesses have introduced. He says he did not talk to Thomas, state accident insurance auditor, who quoted Banks as threatening to shoot any officers with subpoenas. He denied telling Lee Bown a "third man" had done the shooting, and denied talking with Bown except to say "I'm ready" when Bown called to arrest him.
    The state began its cross-examination of Banks early Saturday afternoon.
Medford Mail Tribune, May 14, 1933, page 1


    County Judge Earl H. Fehl, questioned Saturday afternoon concerning the testimony of L. A. Banks that Fehl had conferred nightly with foreman W. T. Grieve of the late grand jury, said he had no statement to make at the present time. He said defense attorneys telephoned him to be in Eugene Monday morning, and added that he expected to testily some time Monday.
    EUGENE, May 12.--Claiming that he had received nightly reports on the secret sessions of the recent grand jury, presided over by W. T. Grieve, L. A. Banks, on trial here for murder, testified today that "my enemies came forward with enough charges for 20 indictments. But it was a friendly grand jury--by that I mean an honorable grand jury. The foreman held the indictments down to two. County Judge Fehl was in touch with the foreman every night, and Judge Fehl reported to me."
    EUGENE, May 12.--Llewellyn A. Banks, agitator and former Medford newspaper man and orchardist, charged with first degree murder for the slaying of Constable George J. Prescott March 16 last, was on the witness stand for five hours Friday, repeating his oft-told story of conspiracy against himself by the "Medford gang," in which he included the names of many well-known citizens of Medford. The court ruled that his testimony should not be considered by the jury as evidence but only by alienists, present in the crowded courtroom, who from Banks' words will make their report on his mental condition. The defense interposed a plea of insanity. Banks, in his recital, was seldom interrupted.
    Near the close of the day, Banks in response to a question from his attorney, Lonergan, declared, "All my life I have had visions," and the "past six months have had spells and have been unable to sleep." He described his ills and mental state at length.
    Banks related three "visions." The first, he said, "was when I was a boy of 16 years in Ohio. My bedroom faced the east. On the horizon was a forest. One night I dreamed that a woman came over this forest to see me. The next morning, I told my folks, I would marry a girl from the East--east to us meant New England. Sure enough! In later years I married a girl from Connecticut."
    The second "vision" was described by Banks as follows: "In 1898, I dreamed I saw warships on Lake Erie (in battle array), saw Spaniards marching out of Cuba--I could see them plain enough to know they were Spaniards. A short time afterwards the battle of Santiago occurred, and the United States took possession of Cuba."
    "Two or three years ago, I had a vision that I saw the Medford gang all dressed in black, marching down the street, with Bert Anderson riding on a white horse in the lead. Bert was a good friend of mine, and leader of the 'gang.' I predicted sorrow. These visions are entirely different from a dream. I have had them at various times in my life, and so far they have all come true."
    Just before court adjourned for the day, Banks was asked by defense counsel, "about your fight against the Mediterranean fly."
    "It was a hoax--they launched a fly in an effort to regulate fruit sales by quarantine. I went before the state horticultural board and exposed the plot. As a result the Corvallis gang lost control of the orchards of the Rogue River Valley."
    It was Banks' day in court, and he gloried in the limelight. He frowned displeasure as attorney Lonergan informed the court his testimony was for the benefit of alienists, and at the close of the day Banks was plainly wearied. At the start, he spoke with vehement frenzy, pounding the side of his chair. After he screamed his words and denounced Assistant Attorney General Moody as "an attorney for the power trust," and flayed District Attorney George A. Codding and Deputy Neilson as they sat at a table before him. Banks wore a light-colored spring suit, cleaned and pressed for the occasion
    Dr. S. E. Josephi of Portland and Dr. L. H. Scaife of Eugene were in court as defense alienists. Dr. R. E. Steiner of the Oregon State Hospital was named as one of the state alienists present. The others were Dr. C. I. Drummond, Jackson County physician, and Dr. E. L. Hartley of Eugene.
    Banks traced his life from an Ohio boyhood to the recent events in the Jackson County turmoil, just preceding the murder of Constable Prescott. The witness characterized the murder as "the tragedy."
    He described himself "as a direct descendant of John and Priscilia Alden, who came to America on the Mayflower." His father was an Ohio fruit grower on Catawba Island, a justice of the peace, and Civil War veteran, he said.
    "As a boy I would go and get the mail, and bring it to my father," the witness said. "Many times I have seen Father open the mail. He would expect a check for his fruit for $150 and get one for $1.50. I noted the keen disappointment, and vowed one day I would establish a business based upon 'cash to the growers'."
    Banks testified that after a few years as a traveling salesman, he did establish a fruit-buying business, "that developed into the largest in Ohio with a clientele all over the United States." At another stage of his testimony Banks said, "I was the largest holder of orchard property in America at one time."
    Banks then told of his moving to California in 1908, securing citrus groves. "In 1910, I paid a visit to the Rogue River Valley, and was impressed." The witness then described his activities in California fruits, "and I published a pamphlet advocating cash payments." In 1921, he said, through a deal with a "Mr. Thornley, I purchased 37 acres of apples in Jackson County," assuming all the orchard obligations.
    The witness then related his views of the spray residue controversy in 1926, wherein "four cars of my fruit was seized upon the word of young chemists, causing a loss of $76,000." He told of the injunction to restrain the government regulations, and the formation of an emergency committee in Medford to handle the situation.
    "After the harvest, I paid my growers $11,000 more than I had to. They met at my house, and passing a resolution of gratitude, presented me with a pocket piece, upon which is engraved, "In Memory of a Battle Against Bureaucracy." Banks extracted the pocket piece from his pocket, and exhibited it to the jury. The witness pictured himself in two roles--first as a philanthropist, then as a crusader.
    Banks recounted the "Bates case," repeating the old charges, so often printed, in detail. He told of the "Dahack case," "the Zimmerlee case," "the Long case"--enumerating three "murders in which officers participated." He reviewed them in vivid detail, and declared, with fervor, "none of them ever faced a jury--as I am doing today--but are still wearing badges of authority."
    At times Banks' voice rose to a frantic pitch.
    Banks charged that he had been told many times that "Joe Cave will get you, because of the Dahack articles," "that George Prescott will kill you," and further alleged:
    "One day my daughter Ruthie May came home from school, and told me that the little son of a state policeman by the name of Walker had told her his father "will shoot Mr. Banks on sight."
    Banks testified he "feared he would be killed by officers," and told of his newspaper purchase and editorials. He described himself as "bitter' and "violent."
    The chief defendant to the murder charge testified to the Parr libel suit, as he saw it, and "my fight against the power trust, to prevent them procuring an everlasting franchise."
    He also told of the "sewage disposal bond issue" and other local controversial issues, all embellished with characteristic extravagant charges.
    "I was indicted by a grand jury," Banks said. "My enemies came forward with enough charges for 20 indictments. But it was a friendly grand jury--by that I mean an honorable grand jury. The foreman held the indictments down to two. County Judge Fehl was in touch with the foreman every night, and Judge Fehl reported to me."
    Banks declared, "On two each of these indictments, I voluntarily surrendered to Sheriff Schermerhorn--once I went to the jail, and had myself locked up. I wanted to see the inside of the jail--I had helped pay for it. When the sheriff came on another matter, he found me locked up and waiting for him."
    The two fiery editorials, upon which the two indictments--one for criminal libel, and one criminal syndicalism--were read to the jury by attorney Lonergan. In one editorial, the slain constable was referred to as a "bandit armed with authority"; the other advocated seizure of the county government.
    As the long court day grew to a close, attorney Lonergan skillfully questioned Banks about foreclosures on property and suits that have come to pass since his incarceration, and it was of these things that the defendant was testifying when adjournment came.
Medford Mail Tribune, May 14, 1933, page 1


    EUGENE, May 12.--Whether or not Edith Robertine Banks, jointly on trial with her husband, L. A. Banks, for first degree murder, will take the stand, is still undecided by the defense.
    Attorney W. E. Phipps said Friday night that "it is problematical so far." With the interposing of an insanity plea for her mate, more of the burden of the trial is shifted to her bowed shoulders, and the defense as a "matter of policy" may withhold her from the stand while a battle of alienists rages.
    Attorney Phipps predicted that the trial would be over by Tuesday. "Most of our witnesses will be brief," he said.
    The heavy oratorical guns of both state and defense thundered Friday for and against a defense motion for a dismissal of Mrs. Banks. The court overruled the motion, holding "the state has introduced sufficient evidence to warrant consideration by the jury."
    In one of his masterly and dramatic appeals, Assistant Attorney General Moody painted Banks as "a coward hiding behind his wife's skirts, who stood out of range while his wife under his orders opened the door."
    "Why didn't Banks open the door," asked attorney Moody. "Because if he did he couldn't use the rifle. He told Phil Lowd he used the rifle, because 'I couldn't trust the pistol.'
    "Mrs. Banks knew the murder plan of her husband. She typed the letters that he dictated. She knew the house was an arsenal. The letters were an alibi, in my opinion, written after the officer had been murdered.
    "Why didn't they use the telephone, instead of writing letters? It was in working order. It had been used that morning. They both had their voices. They could have phoned the content of the letters. They were an afterthought--the seed of an alibi." Mrs. Banks not only aided, but participated in the murder, the state contends.
    During the course of attorney Moody's argument, Mrs. Banks changed from his usual bowed head position to gaze coldly and intently at the prosecutor.
    Attorney Lonergan made a brief final argument for the defense, citing a number of authorities at law in support of his claims.
    "Counsel for the state has cited the case of a Chinaman whose paramour watched a murder, as similar to this case," declared attorney Lonergan, his Irish wrath rising. "Mrs. Banks should not be subjected to the humiliation of even vague comparison to the paramour of a Chinaman. In this cited case, tong men entered a room, cut the throat of a Chinaman with a razor, hit him in the head with a hatchet, and placed the body in a trunk, and forced the paramour to accompany it to The Dalles. Any comparison is illy taken."
    Attorney Lonergan declared the case against Mrs. Banks "was based upon inference upon inference upon inference, and leaves the jury to enter the field of conjecture and speculation."
    The court in overruling the motion, which was a bitter disappointment to Mrs. Banks, held "that inferential evidence, and the evidence on a whole, and the facts and circumstances, are matters exclusively for the consideration of the jury."
    Mrs. Banks came to court wearing a new checkered skirt, and a black veiled hat. While Banks was on the stand, she never removed her eyes from him, and at times smiled comfortingly to him.
Medford Mail Tribune, May 14, 1933, page 5


    EUGENE, Ore., May 15.--(AP)--A surprise witness, who claims he saw the killing of Constable George J. Prescott by Llewellyn A. Banks, and who says he went past Prescott's body and into the Banks home before the officers came to arrest the elderly ex-publisher, took the stand in the Banks case Monday.
    As the defense veered from its announced course of putting Mrs. Banks on the stand, John Wheeler, Medford farmer, went before the court and told of hearing Prescott make threats against Banks' life weeks in advance of the tragedy and told of being an eyewitness to the shooting.
    His testimony opened a morning of surprises during which three defense witnesses told of hearing the constable threaten to "get'' Llewellyn A. Banks. "I saw the gun fall from Prescott's hand as he fell dead on the porch," Wheeler testified.
    From Walter J. Jones, mayor of Rogue River, came the testimony that he had overheard a conversation between Prescott and Joe Cave, another officer, and that Prescott had said, "Banks knows too damned much about our business and will have to be put out of the way."
    From May Powell of Talent, an ex-British war nurse, came the testimony that the Medford constable had threatened Banks' life, saying, "There's only one way to close Banks' mouth, and I'm the one to do it. Codding has a warrant for him and I'm going to serve it. I'll take him in if I have to take him to the morgue, and that's where he belongs!"
    As the state and defense attorneys repeatedly mixed in heated arguments and Judge Skipworth rapped for order, the defense witnesses, all members of the Good Government Congress, gave testimony they hope will clear their leader of a first degree murder charge.
    When Wheeler took the stand he said he was a farmer and contractor in Medford. "I knew Prescott," he said, "and voted for George at the election. The day after Banks' paper had been sold at auction I went with my wife to town. She wanted to go to a store to do some shopping, so I waited on the street. As I crossed the street in front of the Medford National Bank I saw Prescott and another man talking. The other man said, 'Well, they got Banks silenced on his paper.' George said, 'No they haven't got him silenced yet. He's starting a paper over in Fehl's plant. The only way to silence him is to shoot him, and I guess it'll be up to me.'
    "The other man said, 'Well, he's smart,' and Prescott said, 'Well, he won't be so smart when I get through with him.'
    "I saw Banks a few days later and told him what I had learned. I warned him he was in danger.
    "On the morning of March 16," Wheeler continued, "I was in town trying to get a seed and feed loan at the courthouse. I walked up from the courthouse on West Main Street towards the Banks home. As I got across from the house I saw Prescott and another officer going up to the door. I stopped. I saw the door open and a couple of letters fall out. Then I heard a shot. I saw a gun fall from Prescott's hand. It fell on the floor. George fell back on the porch. As I was almost in range of bullets if any more shots were fired, I ran down the street. Then I came back in a few minutes and went up on the porch. The officer was on the corner and he hollered at me to get away. Mrs. Banks opened the door and asked me into the house. I stayed in until just before Lee Bown and another officer came to arrest Mr. Banks, then I went out the side door."
    Wheeler's testimony was subjected to a biting cross-examination from Ralph Moody, chief prosecutor, and several times Moody and Frank Lonergan, chief of the defense, tangled in arguments across the table as Lonergan accused Moody of abusing the witness.
    Walter J. Jones, mayor of Rogue River, was next called. He was a charter member of the Good Government Congress, he said, and knew both Prescott and Banks.
    "I had been arrested, much to my surprise, and lodged in the Medford jail," Jones said. "Through a partition in the jail office I could hear Prescott and Tom Cave talking. Cave was a Medford officer. Prescott made the remark that Banks knew too damned much about their business and would have to be put out of the way. Cave said, 'If Banks doesn't quit hollering about me killing Dahack. I'll do it myself!'
    "Prescott said then that if a warrant was served and Banks resisted, they'd get him. Prescott said, 'The Good Government Congress is a bunch of anarchists.' That was all I heard. The next morning I was awakened by Prescott, who wanted to know how much I had heard. I laughingly said, 'Wouldn't you like to know?' Prescott said, 'If you did hear anything, you'll be wise if you keep your mouth shut.'"
    May Powell of Talent followed Jones on the stand. She said she was a Red Cross nurse with the British forces from July, 1915, until the end of the war. Much of the time was at the front lines, she said. She came to America in 1921 and to Jackson County a few years ago. Mrs. Powell said she voted for Prescott at the last election. She said she was in a Medford cafe the day before the killing. Prescott came in and sat down in the next booth with another man, she said.
    "The man said, 'We've got Banks now where we can make him keep his mouth shut,' Mrs. Powell testified.
    "Prescott replied, 'No, there's only one way to close his mouth and I'm the one to do it. Codding has a warrant for him and I'm to serve it. I'll take him if I have to take him to the morgue, and that's where he belongs!'''
    Vernon J. Emerick, who said he was mayor of Medford for two years and a city councilman for five years, had taken the stand early in the morning to give character testimony for Banks. He said Banks had a good reputation as a law-abiding citizen.
Medford Mail Tribune, May 15, 1933, page 1


    EUGENE, May 14.--Alienists for state and defense, and Mrs. Edith Robertine Banks, jointly on trial here with her husband, L. A. Banks, agitator and former Medford publisher and orchardist, with the murder of Constable George J. Prescott March 16 last, will occupy the center of the limelight this week--the third and final one of the long and tedious trial. Also close to this in public interest will be the six or seven rebuttal witnesses of the state, who will be called to refute major assertions of Banks in his own version of the killing.
    Banks spent Sunday in the county jail conferring with attorneys. He was disappointed at the short cross-examination accorded him by the state--he had anticipated a Saturday afternoon of accusations and tantrums on his part. He worried and fretted to his keepers on this phase of the trial.
    Mrs. Banks, in the women's ward of the Eugene city jail, was deeply depressed. She had expected dismissal of the charge against her Friday, and a directed verdict by the court, according to report. She now feels she has been unjustly made to bear more than her share of the burden.
    Feeling as she does, Mrs. Banks does not welcome greetings from members of the Good Government Congress, particularly those women who, free from danger themselves, try to tell her how fortunate she is to be in jail, fighting at the side of her husband. It can be definitely stated that a break of a definite nature has occurred between Mr. and Mrs. Banks--particularly the latter--and some of the women leaders of the Good Government Congress, in the habit of gushing sentimentally over the two defendants.
    Mrs. Banks dreads taking the stand, and her counsel knows that if she does, the state will again bring to the fore the "Mother to Daddy Dear" note, twice ruled out by the court as immaterial and prejudicial. The state contends this note will show Mrs. Banks as a willing participant in the murder plot. One line of the note was read by the court: It said: "It seems best if we are going to fight, to fight in the home."
    Defense alienists are expected to testify that Banks was insane at the moment of the shooting, but is sane now, and that "he was persecuted to desperation."
    The state alienists are expected to hold that Banks is a profound egotist given to homicidal boasts and threats, and a victim of paranoia with a penchant for convincing untruths. Paranoia, under Oregon law, is not grounds for an insanity defense. The basis for legal insanity in Oregon is the inability to tell the difference between right and wrong--nothing else.
    Attorneys for both sides spent Sunday shaping hypothetical questions to ask the alienists. Joe Hammersly of the defense line of attorneys said again Sunday that the defense case would be completed by Tuesday afternoon, and that all of the defense witnesses would be brief. Indications are the case will go to the jury Thursday or Friday.
    At least two witnesses are slated to be called by the defense to tell of "threats" allegedly made by the slain officer. They are May Powell, bondswoman for some of the men indicted for ballot theft. Banks testified May Powell came to his home the evening before the murder, and told him of alleged threats against him by Prescott. The other is Walter Jones, mayor of Rogue River, under indictment as one of the ballot stealers. The defense in its questioning of Banks Saturday morning inferred that Jones had reported he heard a threat against Banks during an Armory meeting last February.
    To combat the defense "threat" testimony, the state will call several witnesses to testify in direct contradiction of the purported threats and other witnesses to testify that the murdered constable was known for his kindness and mildness of words, and a man of gentle ways and temperament.
Medford Mail Tribune, May 15, 1933, page 1


    EUGENE, May 14.--County Commissioner Emmett Nealon arrived here Sunday evening to confer with Lane and Jackson County officials, relative to reducing, if possible, the heavy expense to Jackson County of the murder trial of L. A. Banks and wife.
    Commissioner Nealon is investigating the cost of defense witnesses, 13 or 14 of whom have been here for two weeks, or since the start of the trial. They receive $2 per day, and five cents per mile travel fees. Commissioner Nealon holds Jackson County should not bear the expense of defense witnesses attending the trial for at least 10 days before needed. The defense opened last Friday afternoon.
    Among the defense witnesses who have been here since the start of the trial are: Henrietta B. Martin, president of the "Good Government Congress" and political catspaw of Banks in his agitation moves; Arthur LaDieu, former business manager for Banks, indicted for ballot theft; Walter J. Jones, mayor of Rogue River, also indicted for ballot theft; May Powell, bondswoman for several men indicted for ballot theft, and who Banks testified Friday came to his home the evening before the murder and told him of alleged death threats by Constable Prescott; May Murray and her daughter, Effie Lewis; P. M. Morrison of the Ashland district; R. A. Boyce, Tolo district farmer; L. O. VanWegen, indicted with Mrs. Martin for the buggy whipping of editor Leonard Hall, and several others.
    County Judge Earl Fehl arrived Sunday afternoon, subpoenaed as a defense witness. He was accompanied by Mrs. Fehl.
    George Schumacher, named receiver for Banks in federal bankruptcy proceedings, accompanied by Peter F. Naumes and Claude Ward, kin and orchard manager of Banks, and A. J. Bischoff, confidential secretary for Banks, arrived Sunday afternoon, en route to Portland, where they will confer anent securing funds to finance the 1933 crop on the Banks former holdings, one of the party said.
    Dr. Jouett P. Bray also arrived Sunday to attend the trial--not as a witness, he said.
    Other Medford people here as spectators or witnesses are:
    Mrs. E. E. Gore, Mrs. Walter J. Olmscheid, Mrs. Claudia Klum Lowd, Mrs. Octavia B. Waddell, Dr. J. F. Reddy, V. J. Emerick, Mr. and Mrs. Cap. Martin, Mr. and Mrs. R. E. Nealon, Mr. and Mrs. Moore Hamilton and several state policemen from the Southern Oregon district.
    EUGENE, May 18.--Legal strategy of Assistant Attorney General Ralph E. Moody Saturday afternoon, in excusing L. A. Banks from further cross-examination after asking him four questions, took the defense by surprise, and also placed them in the position of seeking further court delay before a wearied jury.
    At noon Saturday Banks finished his own rambling version of the climax to the Jackson County turmoil he fomented in which he admitted firing the death shot and tried to justify his deed by testifying that he believed his own life and the life of his wife were in danger. Banks was allowed to give his account without any of the usual restrictions, in order that state and defense alienists present could study his mental condition. None of Banks' testimony will be given any weight by the jury, save as to its bearing upon his sanity.
    The four questions asked by attorney Moody were:
    "How long has it been since you paid any taxes in Jackson County?"
    Banks replied. "we paid between $8000 and $10,000 for 1932 taxes." Later under cross-examination, he qualified this statement, by saying that A. J. Bischoff, his confidential secretary, "attended to all financial matters."
    He was also asked about his non-payment of state industrial accident insurance dues, and suits arising out of the Black Channel mines, which he and associates purchased from F. A. Bates on a contract never fulfilled. Banks dwelt at great length upon the "Bates case" in Friday's session.
    The state then asked Banks if all but five of the 36 legal actions pending against him were not for money due for labor or land. He reluctantly admitted they were.
    "In practically every suit filed against you, you have filed an affidavit of prejudice against the presiding judge?" was the final query.
    Banks first denied this, but under close questioning admitted prejudice affidavits had been filed, but without his knowledge "in some instances." Later, he admitted that he was in court when an affidavit of prejudice was filed against Circuit Judge James T. Brand, and had made no objection.
    "It was my position," replied Banks evasively, "that Judge Norton should have heard this case." Banks, in his writings, bitterly attacked Judge Norton.
    The state based its move partially upon the established law theory of "false in one statement, false in all."
    Attorney Lonergan for the defense informed the court in asking for the recess the defense would finish its case Monday. The state is expected to take Tuesday for rebuttal and the testimony of its alienists. Wednesday will be devoted to the final arguments and instructions of the court, according to the present outlook.
    Banks in his Saturday testimony indulged in no frenzy or melodramatic moves, but was calm and cool, though he wore a worried look, and signs of sleeplessness showed in his face.
    Under the piloting of attorney Lonergan, Banks was questioned until his testimony led to the fateful morning of March 16. No word of regret of remorse came from his lips.
    Banks declared that "so many threats were made against my life that I was under guard whenever I went to an assembly of the 'Good Government Congress.' They were volunteer guards--got no pay. When I entered the Armory, the applause was deafening, as the people knew I did so at the risk of my life."
    He testified that County Judge Earl Fehl and Henrietta B. Martin, president of the "Congress," had asked him to attend the meeting at Lake Creek, because "I had made up my mind to go to the mountains for three or four weeks" the next day.
    A packed courtroom heard Banks on the stand.
Medford Mail Tribune, May 15, 1933, page 1


    EUGENE, Ore., May 16.--(AP)--The defense having rested its case in the trial of Mr. and Mrs. Llewellyn A. Banks at 1:30 o'clock this afternoon, the state began its rebuttal testimony.
    Ralph Moody, chief prosecutor, called several witnesses to the stand who brutally mutilated the defense testimony of yesterday. From Ed Walker, state policeman with the game division, came a denial that he had ever threatened Banks' life. Clyde Warren, state trooper who stood outside the Banks home before and after the shooting, denied that anyone had entered the house until the officers came.
    George R. Carter, county clerk, testified the ballot theft indictments were not returned until 5:30 o'clock on the afternoon preceding the tragedy, whereas a woman witness had testified Prescott had a warrant for Banks' arrest at 3:30 and had threatened the publisher's life.
    Sam Carey, advertising solicitor, testified that Abner Cox was in the News office in the Pacific Record Herald building at the time of the tragedy and received a phone call from Mrs. Banks there. Cox claimed to be an eyewitness to the tragedy, while Mrs. Banks had denied telephoning anyone except the sheriff's
office.
    Court officials expect the case to go to the jury by Thursday evening.
    EUGENE, Ore., May 16.--(AP)--Llewellyn A. Banks, Medford publisher, was the victim of "transitory mania, otherwise known as compulsory or impulsive mania or mental confusion" at the time he killed George J. Prescott, Medford constable.
    This was the testimony of Dr. S. E. Josephi, Portland alienist, who took the stand for the defense Tuesday morning in the Banks trial here. His appearance followed that of Mrs. Edith R. Banks, who told her own brief but graphic story of the killing.
    Josephi testified that he has observed Banks and listened to his testimony and that the ex-publisher was "not responsible for his actions" at the time of the shooting.
    Josephi said Banks was confused as a result of "very disturbing circumstances, his mind was broken down from fear and worry, and at the time of the shooting, over a period of time ranging from few moments to several minutes, he was not responsible.
    "I do not think he is insane now. I do not think he was insane before the tragedy. But from the evidence I think this man was a victim of such a degree of mental confusion as to render him irresponsible," Josephi said.
    Ralph Moody, chief  prosecutor, demanded to know of the expert if a man in Banks' circumstance and mental condition would have planned the shooting in advance, written letters threatening bloodshed, laid out a rifle ready for use and been prepared to commit a murder "during a moment of temporary insanity when he was not responsible." The alienist admitted such a man would not.
    Mrs. Banks' story was brief as she told of doing her housework on the morning of the tragedy, and of having written two letters at Mr. Banks' dictation. She said she was in the kitchen when her husband called out that Prescott was at the door and for her to hand him two letters. This she did, and the constable tried to force his way in, she said. She was pushing against the door when Banks shot.
    Speaking in a subdued tone, Mrs. Edith Banks, who shares with her husband the charge of first degree murder, told of her actions the morning of March 16.
    "I was at home that morning," she said. "Mr. Banks and I had breakfast together. After breakfast I wrote two letters for him on the typewriter. They were an original and a carbon copy. One was addressed to Capt. Lee Bown and the other to Chief of Police McCredie. Mr. Banks dictated them.
    "Mrs. LaDieu called on the phone and wanted me to come and get her. We had been taking milk from them. I went out and was gone half or three quarters of an hour. I came home and did my morning work and was in the kitchen all the time.
    "Mr. Banks came to the kitchen and asked me if I would go to the door. He said Mr. Prescott was there. I dried my hands and took off my apron. Mr. Banks said to give him the two letters and to put the chain on the door and not to let them in.
    "At the moment I opened the door, Mr. Prescott put his foot in and lunged against it. I got behind the door and tried to push it shut. I kept telling him not to come in and Mr. Banks was yelling at him to keep away from the door. I was pushing with all my might and main to keep him out. I heard a shot and fell back. I guess I must have been stunned because I hardly knew anything for a minute or two. When I 'came to' I looked around and saw Mr. Banks standing in the room."
    On cross-examination, Mrs. Banks denied knowing her husband was standing in the room with a rifle. Frank Lonergan, chief of the defense counsel, has described her as a white-haired mother, whose connection with the crime has been that of an innocent onlooker. He carried out this thought in his attitude in examining her, and all of his questions were given in a half-apologetic tone. Mrs. Banks appeared calm on the stand and eager to testify.
    Ralph Moody, chief prosecutor, has described Mrs. Banks as a cold-blooded plotter who helped lay the trap for a killing. While his cross-questioning was entirely respectful, he fired many questions at her and several times succeeded in confusing her on the stand.
Medford Mail Tribune, May 16, 1933, page 1


    EUGENE, May 14.--Eleven witnesses for the defense came to the witness stand Monday in the trial of L. A. Banks and his wife, Edith Robertine Banks, charged with the murder of Constable George J. Prescott. Two of the number, Vern J. Emerick of Medford, and George E. Obenchain of Central Point district, testified that Banks' reputation for truth and veracity in the community was good. Nine told of purported threats the witnesses alleged they had heard the slain man make against his slayer.
    Four of the number testified they were near the Banks home at the time of the shooting, and heard the fatal shot, and saw a pistol drop from Constable Prescott's right hand, in direct contradiction of the state's evidence.
    The surprise witnesses were John Wheeler, Spring Street, Medford, former employee of Banks on his orchards as an irrigation worker; Mrs. May Murray and her daughter, Mrs. Effie Lewis, and Abner Cox, a fruit worker. The quartet testified they saw Constable Prescott on the porch of the Banks home with "another man," heard a shot, and then saw a pistol fall from the mortally wounded officer's hand. Mrs. Murray and her daughter testified they heard Constable Prescott utter a vile oath with his threat. None of the four ever before publicly posed as eyewitnesses of the crime.
    All these four witnesses admitted they were members of the "Good Government Congress," and that they told their testimony first to attorney Thomas J. Enright, a member of the defense counsel.
    Other witnesses for the defense, who testified to alleged threats made against Banks by Constable Prescott from two weeks to a day before the murder, were Mrs. Mae Powell of Talent, admitted member of the Good Government Congress; Walter J. Jones, mayor of Rogue River, indicted for ballot theft; Dr. Jouett P. Bray, not a member of the "congress" but who said "I was a personal friend of George"; R. A. Boyce, a farmer of the Tolo district, and County Judge Earl H. Fehl.
    All the witnesses were subjected to a grueling cross-examination by Assistant Attorney General Moody, and wavering contradictions and uncertainties were developed as to time and place and cardinal facts.
    May Murray testified that with her daughter Effie Lewis she left her home on Sixth Street to inspect a house on Columbia [sic] Street, and that route took them by the Banks home on West Main Street, between 10 and 11 o'clock on the murder morn.
    She testified she saw Constable Prescott and another man standing on the porch of the Banks home, as they passed by on the sidewalk. A few steps further, she said she saw Prescott, with his shoulder against the door, and heard Prescott swear, and say: "I'll get you, you----," a few seconds before the witness said she heard a voice from inside, but could not distinguish it. She said she saw Prescott crumple and fall, and a pistol fall to the floor. The other man. she testified, grabbed the pistol and ran down the steps.
    Mrs. Murray testified on cross-examination that she and her daughter went to Columbia Street afterwards, gave no alarm, and when they returned a crowd had gathered. They returned to their home and made but casual mention to their kin of the shooting.
    Mrs. Murray became very confused, in some of the main details of her testimony. She said she told the story to attorney Enright several days after Banks was indicted.
    Under close questioning Mrs. Murray divulged that she had rehearsed her testimony five times--once in Medford, and four times in this city, since her arrival--the last times last Sunday night.
    Effie Lewis, the daughter, corroborated her mother's testimony, but further said the voice inside said: "Get away from there." Mrs. Lewis was very positive in her testimony, but contradicted herself under cross-examination. She told her story first to attorney Enright, a considerable period of time after the shooting, she said.
    R. A. Boyce, a farmer of the Tolo district, testified that the day before the murder he met Constable Prescott near Nandie's Cafe in Medford. He had known the slain officer for many years, he said.
    The witness said he saw Prescott looking at a new auto, parked on Main Street, and jokingly said:
    "If you want that car, George, I'll buy it for you!"
    Prescott, the witness said, replied:
    "I'll have to buy a truck for all the warrants I've got for 'Congress' men and Banks."
    "Banks is crazy," the witness said Prescott volunteered later. "I told him," Boyce said, "if Banks is crazy, you better go easy, or he is liable to get you."
    "Don't worry! I intend to get him first," Boyce swore Constable Prescott then replied. They then went their ways.
    Under cross-examination, Boyce said he did not "believe Banks was crazy," and then the remark, "everybody seems to be picking on him" was ordered stricken from the records.
    Attorney Moody made much under cross-examination of his warning to Prescott that Banks was "liable to get you."
    Walter J. Jones, mayor of Rogue River, testified that while he was a prisoner in the city jail, on his first arrest for ballot theft, he heard a purported conversation between Constable Prescott and Officer Joe Cave. Mayor Jones said while he was listening at an iron wicket in the jail door he heard Joe Cave say:
    "Banks knows too much, and must be gotten out of the way," and Prescott replied, "If they had given me the warrant instead of Schermerhorn, I would have gotten him, as he would have resisted." Then Officer Cave replied, the witness said: "If he don't quit howling about me on that Dahack case, I will get him myself." Jones said he then knocked at the wicket for a blanket, and when opened recognized them.
    Jones said that later he was transferred to the woman's ward of the city jail, and the next morning when Prescott awakened him, he said, "If you heard anything you better keep your mouth shut."
    Jones admitted that on the night the ballots were stolen, he was an "outside guard," as "the word had come there was going to be a disturbance." Under cross-examination, he testified that he was sick in Portland when the officers were seeking him for ballot-theft warrants, and that when he was arrested by Constable Prescott and the state police, he was "treated uncivil." He also testified that Constable Prescott was "cranky at times."
    Mae Powell, of Talent, who said she was in the English Red Cross during the World War, testified that she went into Nandie's Cafe for lunch about three o'clock March 15, the day before the murder, and heard Constable Prescott say to a man she did not know, in a booth next to hers, "The only way to get rid of Banks is to take him to the morgue." She said the "stranger" was "dark and tall."
    The witness was subjected to a long cross-examination by the state, and admitted she joined the "Good Government Congress." She testified she had telephoned Banks, and gone to his home, and told him of the purported threat the evening before "this thing happened."
    Jouett P. Bray of Medford, who described himself as a minister and chiropractor, a well-known resident, testified that he engaged Constable Prescott in conversation shortly after the ballot theft arrests started and remarked:
    "It's strange Banks is not mixed up in this." Constable Prescott had replied, "He will be in due time," and further, "I guess I'll have to arrest him, and if I do I'll bring him out," at the same time uttering a vile oath.
    Bray said under cross-examination he had known Prescott for many years, and was "a personal friend, a fine man, and mild-mannered, as a rule. George was always cool and calm and never flustered," Bray concluded.
    Abner Cox, 32, a fruit worker, who said he had lived in Medford "about three years," and "hung around the News" and "loafed around the court house" last winter, testified that on the morning of the murder, about ten o'clock, he started up West Main Street from the court house and when opposite the Banks home he saw Prescott and "another man" on the front porch. He then declared he heard a shot, and saw a pistol drop from Prescott's hand as he fell, and "the other pick it up" and walk down the steps.
    Cox under cross-examination admitted that he told the story first to attorney Enright, ten days before the trial started. He became confused and spoke in a low voice throughout his testimony. Once attorney Lonergan told him, "You look husky enough to talk loud enough for the jurors to hear," and then the court said: "Speak up, nothing will bite you."
    Cox admitted further that he had been engaged in county relief work last winter, and had been at the Banks home four or five times.
    John Wheeler, a Spring Street gardener, was the first witness of the day, as the defense opened. He said he had "worked for Banks six summers."
    Three or four days after the sale of the News, Wheeler testified, he saw Constable Prescott talking with "a tall man, in a light suit and a light hat, at the Medford National Bank corner." Wheeler said he listened to the conversation, and the stranger said:
    "I guess we have got Banks silenced now," and Prescott replied: "The only way to silence Banks is to shoot him." He said he reported this to Banks. The News was sold March 15; the murder occurred the next day.
    Wheeler testified that on the day of the murder, he had gone to the courthouse to see about procuring a seed and crop loan, and then went to the Banks home to see about getting some work. He said as he got opposite the Banks home on the south side of Main Street, he saw Prescott and a man he did not know walk up on the Banks porch.
    Wheeler said he watched them, saw the door open a trifle, saw some letters drop on the porch, heard a shot, saw Prescott fall, "and pistol drop from his right hand."
    On cross-examination the witness was vague as to the time and names, but clung to his main story.
    The final defense witness of the day was E. L. Jones, a war veteran who testified as an expert upon guns and bullets.
Medford Mail Tribune, May 16, 1933, page 1


    Dr. Jouett P. Bray, who appeared in the Banks trial yesterday as a witness for the defense, returned today and wished the Mail Tribune to explain why he has told Arthur Perry, this paper's correspondent at the trial, that he would not take the stand as a witness, a fact printed in this newspaper.
    "When I told Perry I would not be a witness," said Dr. Bray, "I had been told that by the lawyers for the defense. Later, the lawyers had a consultation and decided to use me. I don't want anyone to think I purposely misrepresented the facts. I did not want to appear as a witness, did not wish to become involved in this case, and went on the stand against my will."
Medford Mail Tribune, May 16, 1933, page 3


    EUGENE, May 16.--Ariel Burton Pomeroy, gowned in an attractive spring creation, called as a character witness, testified that Banks' reputation for peaceable and law-abiding conduct and truth and veracity in the city was "very good. I never heard his reputation for truth doubted."
    Dr. J. F. Reddy, who described himself as a "promoter," testified that Banks' reputation for truth and veracity was "very good." Under cross-examination. he said he had also heard it discussed adversely, by attorney Gus Newbury, chief jailer Fred Kelly and Judge W. E. Crews.
    W. H. Gore, former president of the Medford National Bank, also testified that Banks' "reputation as a law-abiding and peaceable citizen, and for truth and veracity was good." Gore admitted he had heard it discussed adversely, and volunteered eagerly, "Do you want me to tell you who they were?" The proffer was declined.
    Attorney T. J. Enright testified that he visited E. A. Fleming in the Josephine County jail, a day or so after the murder, and Fleming had told him he did not see Mrs. Banks when he entered the home.
    Dr. F. G. Swedenburg of Ashland also testified that Banks' reputation for being "a peaceable and law-abiding citizen, and for truth and veracity was good." Dr. Swedenburg, on cross-examination, admitted that he had been interested with Banks in orchard and mine deals.
Medford Mail Tribune, May 17, 1933, page 1


    EUGENE, May 17.--(AP)--The state was expected to complete its rebuttal testimony late Wednesday afternoon in the trial of Mr. and Mrs. Llewellyn A. Banks, being tried on a charge of first degree murder.
    The defense will follow with its "surrebuttal," and the closing arguments of state and defense will be heard before the judge gives his instructions to the jury. Ralph Moody, chief prosecutor, and Frank Lonergan, chief of the defense, are expected to use about a day each in their closing arguments. According to informal courthouse gossip, the case is expected to go to the jury about Saturday noon.
    The California Oregon Power Company, familiarly known as "Copco," was the target of the defense attack Wednesday afternoon as a stream of character witnesses filed into the courtroom for the state and testified that Banks was known as a person of poor reputation.
    From M. N. Hogan, Medford broker, who testified against Banks, came the admission that he had been called upon Tuesday by B. E. Harder, president of the Medford National Bank, with the information that he was needed for an "unpleasant" civic duty. Harder informed Hogan that he should come to Eugene to testify against Banks' character, Hogan told Frank Lonergan.
    Gus Newbury, Medford attorney, who figured in the testimony of each of the state's character witnesses, was accused by Lonergan of having "rehearsed" the stories they would tell on the stand.
    Hogan denied this and said that Newbury had merely told him the questions that would be asked.
    "But he knew what the answers would be?" Lonergan thundered.
    "Of course," Hogan replied, "he knew which side of the fence I am on."
    The defense accused the state of marshaling several carloads of character witnesses from the "silk stocking" class in Medford and hurrying them to Eugene to appear and describe Banks as a "bad man.'
    EUGENE, Ore., May 17.--(AP)--The state drew near the end of its rebuttal testimony in the trial of Mr. and Mrs. Llewellyn A. Banks here today as a series of character witnesses took the stand. Each testified that Banks, ex-Medford publisher, had a poor reputation for "truth and veracity and as a law-abiding citizen." Each also testified that George J. Prescott, Medford constable, had a good reputation as a "mild-mannered man, not quarrelsome."
    Wesley McKitrick, of Medford, one of the two other rebuttal witnesses, took the stand and denied having heard Prescott threaten the life of Banks. McKitrick said he has been in jail on the ballot theft indictments. He denied being a "sort of assistant jailer," and said he is the jail cook.
    Virgil Edington, Rogue River mail carrier and school bus driver, another of several people indicted on the ballot theft counts, took the stand. He said he is out on bonds and testified that Banks had asked him to arrange for witnesses who would say that Prescott had threatened Banks' life. This testimony was ordered stricken from the records, however, as not being competent rebuttal testimony.
    Character witnesses included Mrs. Rose Guthrie Schieffelin, Medford clubwoman; W. O. Webster, Medford confectioner; Alfred C. Burch, ex-member of the state board of higher education; Marie M. D'Albini, Medford clubwoman; O. O. Alenderfer, ex-mayor of Medford; and C. E. Gates, another ex-mayor. 
    All said Banks' reputation was bad and that Constable Prescott had a good reputation and was not quarrelsome. Burch said he had been a subscriber to Banks' paper, the Medford Daily News, "until it became too scurrilous to read."
    Ralph Moody, chief prosecutor, and Frank Lonergan, chief of the defense, amused the courtroom when, following a heated debate across the table, Lonergan shouted, "Mr. Moody, don't shake your fist at me because I don't like it."
    Judge G. F. Skipworth interposed the suggestion that the "fist shaking was a characteristic gesture" of Moody's, while Moody replied that "I didn't shake my fist at Mr. Lonergan, because I wouldn't dare." Lonergan is a stocky Irishman.
Medford Mail Tribune, May 17, 1933, page 1


    EUGENE, May 16.--Alienists for state and defense, and state witnesses in rebuttal, testified Tuesday, and the state will probably conclude its case before noon Wednesday against L. A. Banks and his wife Edith R. Banks, charged with first degree murder for the slaying of Constable George J. Prescott.
    In its rebuttal evidence the state, by testimony of Sam Carey, former ad solicitor for the Daily News when under control of Banks; Sergeant James O'Brien of the state police, and Sergeant C. A. Warren, refuted a considerable portion of the "surprise" testimony of the defense.
    Sam Carey testified that he was employed as ad solicitor for Banks' paper before and when it moved to the Pacific Record Herald building, and that on the morning of the murder, March 16, Abner Cox was in the office until about 10:30 o'clock. Carey said that Cox left with Walter Jones, mayor of Rogue River, whom he MET at the door, as he was leaving, when the murder was reported and that they THEN went to the scene of the crime.
    Cox testified Monday, that at the TIME OF THE SHOOTING he was across the street from the Banks residence, saw Prescott fall and a pistol drop from his hand. He said he had proceeded there from the courthouse shortly after ten o'clock on the murder morning.
    Carey also testified that Mrs. Banks had telephoned the News office in the Pacific Record Herald building. Mrs. Banks in the morning had testified that she did not have a definite recollection whether or not she had telephoned. Attorney Lonergan for the defense filed objections, which the court overruled. Carey underwent an extensive cross-examination at the hands of the defense counsel, who however was ultimately unable to shake him on the main details of his testimony.
    Sergeant James O'Brien of the state police, companion of the slain officer on his last official mission, testified that on the day preceding the murder he was in the company of Constable Prescott the ENTIRE DAY, from 9:30 a.m. on, and that at the time that Mrs. Mae Powell of Talent testified she overheard Prescott give voice to a threat against Banks in Nandie's Cafe in mid-afternoon, both he and Prescott were in the grand jury room at the court house, waiting to be called as witnesses before that body.
    Mrs. Powell testified that she overheard Prescott make a purported threat against Banks between three and three-thirty o'clock, the day before the killing, and that she telephoned Banks and later appeared at his home to tell him about it. Mrs. Powell testified that she heard Prescott say: "The only way to get rid of him (Banks) is to take him to the morgue."
    R. A. Boyce, Tolo farmer, testified that about the same time, he talked to Prescott on Main Street, near Nandie's Cafe.
    Sergeant O'Brien further testified that on the morning of the murder he "absolutely did not pick up a gun" dropped from Prescott's hand, as testified to by Mrs. May Murray and her daughter, Mrs. Effie Lewis. The two women claimed in their testimony that they had seen Prescott with a gun in his hand, just before the fatal shot was fired, on the Banks porch, and had heard Prescott say, "I'll get you--you ---- ---- ----!"
    Mrs. Banks, on cross-examination earlier in the day, testified that when she was standing at the door Prescott "said nothing."
    Sergeant O'Brien was subjected to a severe cross-examination by attorney Lonergan, and the defense counsel twitted the state police sergeant about not "referring to your notebook this time," but their testimony was not shaken.
    Alienists for both sides agreed that insanity was hard to define, and that only a few medical authorities had attempted to write a definition that covered all angles. All questions were brief.
    Banks, after the alienists left the stand, manifested the most cheerfulness he has shown in several days, and was apparently in the best of spirits. After his defense had been denied by impeaching witnesses as to threats, however, he assumed a more sullen manner. Part of the time he sat in his chair, gently rocking and with closed eyes. He appeared as contented as circumstances would allow.
    Mrs. Banks, most of the day, was alert and took a keen interest in the proceedings.
    Late in the afternoon she became weary, and sat with bowed head, paying but slight attention to the witnesses.
    During the time that Walter Jones, another defense "threat" witness, and mayor of Rogue River, under indictment for ballot-theft, testified he was in the city jail "bullpen," Sunday, February 26, he was in the women's ward cell, Sergeant O'Brien testified, and that during the time he testified, he had overheard a purported conversation between Joe Cave and Prescott, that Ray Sloneker was on duty, and Prescott and the witness were making other ballot theft arrests.
    Jones testified that while held in the city jail "bullpen," he had gone to a wicket to ask for more blankets, and overheard Prescott and Cave talking, in which they both made threats against Banks.
    Sergeant O'Brien testified that he was with Prescott on the same date, until 9:30 o'clock, and that Prescott went home then, and he was on duty at the state police headquarters until four in the morning and Prescott did not return that night, as Jones claimed.
    Sergeant Clyde A. Warren, of the state police, testified that he was on guard on the east side of the Banks residence from the time the arresting officer arrived until Banks was arrested, and saw no one leave by the east door. John Wheeler testified that he was invited into the Banks home by Mrs. Banks, after the murder, and a few minutes later left by the east door.
    R. T. Semon. of Eagle Point, engineer for the Eagle Point Irrigation District, called as a character witness for the state, testified that Banks' reputation "for truth and veracity, and being a peaceable and law-abiding citizen in the community was bad." Attorney Lonergan questioned Semon at length, and Semon admitted he was a member of the "Committee of 100," and also wrung from him the admission that O. C. Boggs, head of that organization, was also an officer of the Eagle Point Irrigation District.
    Semon testified that he came to Eugene while en route to Portland.
    H. W. Conger, former coroner, testified that the reputation of Prescott as a peaceful, law-abiding, and mild-mannered man in the community was "good."
    Ed Walker, game warden of the state police force, testified as the first rebuttal witness of the state, declared he had made no threats against Banks, and only knew him from official contacts since his arrest.
    Banks testified that Walker's boy, 17, had told Banks' daughter, 12, that his father was "going to shoot Banks on sight." Banks claimed that when the two arresting officers appeared at his front door, his first thought was that one of the men was Walker.
    Two alienists for the defense, Dr. S. E. Josephi of Portland, and Dr. B. F. Scaiefe of Eugene, testified Tuesday at the murder trial that L. A. Banks was insane at the time of actual firing the death shot, but was not insane before, or now.
    Two state alienists, Dr. George I. Hurley of Eugene, and Dr. C. I. Drummond, Jackson County physician, testified, that Banks was sane--then and now.
    The defense alienists testified that Banks was suffering from "transitory mania," at the time of the tragedy--which was a mental affliction that did not last for any great length of time, passing almost as quickly as it came, and was a form of frenzy.
    The state alienists declared that the "theory of transitory mania" had been discarded by modern medical authorities, and Dr. W. C. Rebban of Springfield, another state expert, testified that in his opinion, as did Drs. Hurley and Drummond, Banks was sane at the time of the tragedy on March 16. Dr. Rebban further testified that "transitory mania" was used these days as a "teaching word," and that "transitory mania" was not accepted in many medical circles as a form of insanity.
    The alienists gave their opinions from observations of Banks on the witness stand and in the county jail here, and at Medford.
    Dr. Josephi testified that "transitory mania might last from a few seconds to 15 or 20 minutes before the patient recovered his mental stability."
    Dr. Josephi said that the "transitory mania" might be caused by worry, anguish, or anxiety, such as accompanied the tragedy. "Transitory mania" was described as causing the victim to be possessed of an "overpowering desire to do whatever was in his mind at the time."
    Under cross-examination by attorney Moody, for the state, Dr. Josephi said that writing threatening letters and having guns ready to commit murder would not accompany such a form of insanity.
Medford Mail Tribune, May 17, 1933, page 1


    EUGENE, Ore., May 18.--(AP)--The case against Mr. and Mrs. Llewellyn A. Banks has been completed, and closing arguments began at 2 o'clock this afternoon. The Medford ex-publisher and his wife are accused of the first degree murder of George J. Prescott, Jackson County constable.
    The state closed its rebuttal with the appearance of two witnesses this morning. R. O. Stephenson, Medford lumberman, appeared to refute the statements of John Wheeler, farmer, who had claimed to be an eyewitness to the tragedy. Stephenson testified he saw Wheeler near the court house before and after the shooting and that the farmer could not have been an eyewitness nor have entered the Banks house as he had testified.
    Mrs. Vivian McCuiston, who resides across the street from the Banks house, testified she ran into the yard as soon as she heard the shot that killed Prescott. She looked up and down the street and did not see anybody, she said. The defense had introduced four "eyewitnesses" who claimed they were in front of the house at the time of the murder.
    In its surrebuttal the defense again introduced Walter Jones, mayor of Rogue River. He denied having been within five blocks of the Pacific Record Herald building on the morning of the tragedy. Sam Carey, of the News Publishing Company, which was then headquartering there, had testified that Abner Cox and Jones had been at the office until a telephone call came from Mrs. Banks saying Prescott had been killed. Cox claimed to have been in front of the Banks house as an eyewitness.
    John Wheeler was to have been recalled to the stand for the defense but was ill in bed and could not come for rebuttal.
    Both the state and defense rested their cases and Judge G. F. Skipworth gave Ralph Moody, chief prosecutor, until 2 o'clock to prepare his opening statements. Moody plans to outline the state's case in his first appearance and to save the oratory for his final closing arguments after the defense has spoken.
    Three lawyers will plead for Mr. and Mrs. Banks. Charles Hardy, Eugene attorney, will open and will be followed by Joe Hammersly of Portland, with Frank Lonergan, also of Portland, as the final defense speaker. The statute which limits the defense to two speakers was waived by Judge Skipworth with the permission of the state.
    Moody will be the only state speaker. It is expected the case will go to the jury sometime Saturday.
    The courtroom was packed again today as the final shots were fired from the witness stand. All of the evidence has now been assembled, and it is for the opposing lawyers to interpret it to the jury--the state showing the Banks and his wife planned to shoot Prescott and set a trap for him at the door, the defense showing that Banks had planned a mountain trip, had a rifle handy, and shot the officer during a moment of "transitory insanity" when the officer tried to break into his home.
    Judge Skipworth, in an informal talk with the lawyers after the jury had left the courtroom, discussed the law as it applies to the death of Prescott.
    "I want to be sure that the right interpretation is placed on the law by both sides of the case in appealing to the jury," Skipworth said.
    "The statute holds that an officer with a warrant for a man's arrest may break open any door or portal if entrance is refused," Skipworth explained. "The defense is introducing two pleas in the case, 'temporary insanity, and self-defense.'
    "The record shows that Prescott did have a warrant for Banks' arrest and that the arrest was lawful. The statute provides that an officer may break an outer door or window to gain entrance
    "The defendant would be able to plead self-defense only in the event that the officer was using more force than necessary, or had threatened the defendant and was attempting to commit a felony on his person.
    "It will be for the jury to decide whether or not this was the case. Mrs. Banks testified that Prescott didn't say a word at the door. Even though Prescott was a trespasser, however, and not an officer, they would have no right to kill him.
    "Threats against the defendant, whether communicated or not, will be taken into consideration, and whether or not Banks thought his life was in danger. Those facts are for the jury to decide," Skipworth concluded.
    Moody arose at this point and said, "I would like to call the court's attention to the fact that while Mrs. Banks testified that Prescott said no word at the door, both she and Mr. Banks testified they knew it was Prescott, an officer."
    Lonergan also arose and put in his word. "If your honor please," he said, "the principles of law you have just outlined are applicable to the case. I say, however, that whether or not they knew he was an officer, the law is not changed."
    Lonergan then renewed his motion for a directed verdict of dismissal against Banks and Mrs. Banks. The motion was overruled.
Medford Mail Tribune, May 18, 1933, page 1


    EUGENE, May 16.--Men long active in the varied affairs of Medford and the Rogue River Valley, some of whom rose to high positions in the state, came to the witness stand in the trial of L. A. Banks Wednesday, and testified that the chief defendant of the murder trial bore a "bad" reputation "for truth and veracity" and as "a peaceable and law-abiding citizen of the community" in which he lived.
    And for the victim of Banks' frenzy, Constable George J. Prescott, the same array of substantial citizens testified that his reputation as a "peaceful, mild-mannered and not quarrelsome man" was good.
    Each of the eleven character witnesses was subjected to a long barrage of, at times, heckling queries from defense counsel Lonergan.
    The final character witness of the day was E. W. Carlton, for 23 years an orchardist of the Table Rock district, a director and former president of the Fruitgrowers League, now president of the State Horticultural Society.
    On cross-examination, after a few preliminary questions attorney Lonergan snapped:
    "What relation are you to the head of the Western Union?" And then following a dialogue occurred between the two:
    Carlton: "He is my brother."
    Lonergan: "SO your brother is head of the Western Union?"
    Carlton: "Yes."
    Lonergan: "Who asked you to come here?"
    Carlton: "Judge Kelly."
    Lonergan: "Attorney E. E. Kelly."
    Carlton: "Yes."
    Lonergan: "How did he reach you--over the Western Union lines?"
    Carlton: "No, by telephone."
    Lonergan: "Over the Pacific Telegraph and Telephone lines?"
    Carlton: "Yes, and also over a farmers' line, that runs to my place."
    C. E. (Pop) Gates, former mayor of Medford, former state highway commissioner, and once mentioned for governor, was the first witness of the day. Attorney Lonergan and the witness knew each other, politically and otherwise. The mazes of politics was being followed by the two in their verbal sparring, when the court said, "This has gone far enough."
    Mayor E. M. Wilson, called to the stand, was cross-examined on the sewer bonds, the franchise to the power company, and the audit of county and city books in the past. The attorney attempted to show, because Banks in his newspaper had opposed these tastes, and "attacked them bitterly," there was a "persecution plot" against him, one of the claims of the defense.
    O. O. Alenderfer, another former mayor, was called to the stand. The defense brought out that he was once an employee of the California Oregon Power Company, and his place of business was now adjoining, and attorney Lonergan made many innuendos along this line.
    A. W. Pipes, a former mayor, who testified Banks' reputation was "bad," was questioned about the water pipe line to the airport. Every political item that became a burning issue in Medford the past four years was stressed by the defense, seeking an opening to fan prejudices.
    H. Van Hoevenberg, Gold Hill orchardist, character witness, was asked about his packing house connections, and growers' activities.
    M. N. Hogan, a broker, was asked, among many other questions, if he had ever sold Copco stock.
    The fact that W. O. Webster was once an employee of the Associated Oil Company was also seized upon by the defense questioners avidly.
    Ralph E. Koozer, manager of the Bagley Canning Company, testified that he was formerly employed by the State Industrial Accident Insurance Commission, as an auditor.
    "Are you acquainted with R. E. Thomas, also an auditor for the commission?" asked attorney Lonergan.
    "Only as I meet him, in a business way," replied Koozer.
    Thomas, a state's witness, had testified that he called at the Banks home the morning of the day before the murder, and that Banks, in a fury, had threatened:
    "I'll shoot the heart out of any man who tries to serve a subpoena on me."
    Albert Burch, orchardist, mining engineer, and former member of the state board of higher education, testified as a character witness:
    "I took his paper, until it became so scurrilous, I could no longer read it," replied Burch. The witness was subjected to a brisk quizzing, with no headway against the calm dignity and poise of the witness.
    Mrs. Rose G. Schieffelin and Mrs. Marie D'Albini testified that Banks' reputation was bad. Under cross-examination, it developed that the Greater Medford Club, the D.A.R., Dixie Club, P.-T.A, and other women's civic organizations, to which they belonged, entertained pronounced prejudices against Banks' policies and methods.
    Mrs. D'Albini testified that her husband was a certified accountant and kept books for Snider's Dairy, whereupon attorney Lonergan questioned the witness about "the milk war started by Mr. Banks."
    Hearing of the character witnesses required all of the morning, and until two o'clock of the Wednesday session.
    EUGENE, May 16.--Damaging blows were dealt Wednesday in the state's rebuttal to the defense plea of self-defense for L. A. Banks and his wife Edith Robertine Banks, charged with first degree murder for the slaying of Constable George J. Prescott. Twenty-one state witnesses filed to the witness stand, giving testimony ending to impeach Mrs. May Murray, her daughter, Mrs. Effie Lewis, Walter J. Jones, mayor of Rogue River indicted for ballot theft, and John Wheeler, gardener. All these four testified to threats they alleged they overheard Prescott make against the accused agitator, former editor and orchardist.
    Included in the score of witnesses for the day were the eleven character witnesses from Medford and Jackson County, some of them of statewide repute, who came to the stand and declared that the reputation of Banks in the community in which he lived for truth and veracity and was a peaceable and law-abiding citizen was "bad," and that the reputation of the slain officer, as a mild-mannered, peaceable, and quiet man was "good," and generally known.
    The afternoon session of court was marked by a lively tilt between attorney Lonergan for the defense and attorney Gus Newbury of Medford while the latter was on the stand. When laughter broke out in the back part of the courtroom, Judge Skipworth declared he "would clear the courtroom unless order is maintained. This is not a show."
    The impeaching testimony, a stunning blow to the defense, briefly showed:
    That Mrs. May Murray and her daughter, Mrs. Effie Lewis, who testified Monday they were in front of the Banks home at the time of the shooting and heard Constable Prescott utter a vile oath and a threat just before the fatal shot and drop a pistol as he fell, were four or five blocks away, at that time.
    That John Wheeler, a gardener who testified that he too saw the shooting, told a neighbor that he was in the courtroom when the killing occurred, and NOT in front of the Banks home as he testified:
    That neither Constable Prescott, nor Joe Cave, city policeman, who Walter J. Jones, the mayor of Rogue River, testified he heard make threats against Banks in the city jail office on Sunday, February 26, were on duty, or in the city jail office, DURING THE TIME testified they were; moreover that the records of the city jail refute his testimony completely.
    Mrs. Marjorie Hibbert, a soft-spoken woman of 25, employed at Huson's "What-Not" in Medford, was the star witness of the afternoon for the state, and was subjected to a long and tedious grilling at the hands of defense counsel Lonergan, who tried in vain to confuse her and break down her evidence.
    Mrs. Hibbert testified, that on the morning of March 16, the day Prescott was slain, she arose about nine o'clock, and, as a boarder at the home of May Murray, went downstairs to breakfast and there saw Effie Lewis, the married daughter of Mrs. Murray. After a leisurely breakfast, Mrs. Hibbert returned to her room, and had just finished her morning toilette, when she heard the police auto siren. She went out on the upper porch, and saw the police car going west on Sixth Street. She quickly put on her hat, rushed downstairs, and went to the Hotel Medford corner, a block away. After a short pause, Mrs. Hibbert, seeing no demonstration at the courthouse, as she suspected, walked to DeVoe's corner, and noting the rush of cars westward on Main Street, proceeded to the Standard Oil station, where for a short time she talked to Jay Geisy and W. C. Weaver, oil station employees, and acquaintances, for five or ten minutes. Later, I. E. Foy, federal tax adjuster, passing by, asked her to walk with him to the Banks residence, which she did. They remained there until Banks was arrested, placed in an auto, and taken away. With Foy she then started the return journey to her boarding house.
    On the return, halfway down the block from where Main and Sixth streets merge, she met Mrs. Murray and her daughter, Effie Lewis, hurrying westward. Mrs. Hibbert estimated the time was between 10:30 and 11 o'clock, and said she could not be more definite.
    Attorney Lonergan's cross-examination was minute and was exacting in detail as to how she happened to be called as a witness, who she came to Eugene with, if she had been subpoenaed, and other repetitious questions of a wide variety.
    "Why did you quit boarding at Mrs. Murray's?" asked attorney Lonergan.
    "It was a personal reason," replied Mrs. Hibbert. "Mrs. Murray had taken in a number of Good Government Congress members, and they were running pretty much over the place, and I did not like it, so I moved."
    The court ordered the jury to disregard Mrs. Hibbert's testimony that Mrs. Murray's sister, a Mrs. Spooner, had said, when the siren sounded:
    "Don't go over to the courthouse; something awful has happened, and we don't want to get mixed up in it."
    The witness said she had met Mrs. Murray and Effie Lewis in the lobby of a local hotel Tuesday evening, and they had spoken to her, and she to them.
    Mrs. John Millard, residing at 141 Ivy Street, testified that on the morning of March 16, when Banks shot Prescott, she was in the back yard, hanging out a washing, and Mrs. May Murray, on her way home from her work as janitress at the Episcopal church, had stopped and talked with her, when the word flew over the city that Banks had finally fulfilled one of his boastful threats in long defiance of constituted authority. Mrs. Murray testified she was an eyewitness of the crime.
    Defense counsel did not question her at any great length. She is a middle-aged woman, as are most of the women members of the jury, and made a decidedly favorable impression for the prosecution.
    Oliver Rogers, a gardener living on the Crater Lake Highway, just outside the city limits of Medford, testified that on Sunday, April 16, in the morning, John Wheeler, a neighbor, had come to his place to buy some cabbage plants. They had a visit, and in the course of it, Banks was discussed.
    "Wheeler told me that he was at the courthouse, seeing about getting a seed loan," Rogers testified, "when his wife told him there was a commotion up Main Street, towards Banks' house, and he better go. Wheeler told me he went up there, and went into the Banks house," and saw George Prescott dead on the front porch.
    "So he told you he went into Banks house," queried attorney Lonergan.
    "Yes, he did," replied Rogers.
    "And you did not believe him."
    "I thought he lied about it, and still think so," replied Rogers.
    A group in the back of the courtroom laughed loudly, and Judge Skipworth again threatened to "have the sheriff clear the courtroom, if there are any more demonstrations."
    Rogers matched wits with the belligerent defense ace for half an hour under a rigorous cross-examination, and was a calm and sure witness throughout.
    Attorney Gus Newbury, called to the witness stand as the first impeaching witness, testified that the sale of Banks' paper was made by the sheriff on March 16 [sic] last, the day before the murder.
    Wheeler had testified that "two or three days after the sale of Banks' paper," he overheard Constable Prescott tell a "mysterious stranger" that "the only way to silence Banks is to shoot him." The state will contend that the alleged conversation Wheeler swore he overheard was after Prescott had succumbed to the hate-sped bullet from the Banks rifle. Wheeler swore he overheard the threat at the Medford National Bank corner.
    Under cross-examination, the liveliest clash of the trial came between attorney Newbury and defense chief counsel Lonergan.
    Attorney Lonergan tried to make attorney Newbury admit he bore enmity to Banks.
    "I told him a few things over the telephone, when Banks attacked my wife through his column, and Mr. Lonergan, I want to tell you here and now, you would do the same thing if you had been in my place.'
    Voices of both lawyers rose as the clash grew warmer. Attorney Newbury said Banks once was a client of his, and had complimented him on the way he had conducted one of the first legal actions Banks encountered on his entry to the Rogue River Valley.
    Attorney Newbury declared that Banks' hatred of him started when he had advised a friend not to sign a petition for the recall of Judge Norton.
    During the cross-examination of policeman Joe Cave, the ghost of the Dahack shooting walked through the courtroom, but any description of the details were restricted by order of the court.
    "You were indicted for the shooting of a man by the name of Dahack?" queried attorney Lonergan.
    "Yes," replied Officer Cave.
    Called as a state impeaching witness, Officer Cave testified that on Sunday, February 26, he went off duty at five o'clock in the evening, and Officer Ray Sloneker took his post. Cave said he never worked Sunday evenings.
    Officer Sloneker testified that he was on duty that night until one o'clock in the morning, and that as far as he knew neither Officer Cave nor Constable Prescott were there.
    Chief of Police McCredie, recalled to the stand, testified that he was around the police station until two o'clock in the morning, and neither Cave nor Constable Prescott were present, except that Prescott between nine and nine-thirty o'clock came to the door, stepped just inside, and said he was going home for the night.
    Walter J. Jones, the mayor of Rogue River, testified that he was put in jail "much to my surprise," and that when he had gone to an iron wicket beside the "bullpen" door to ask for some blankets had overheard a conversation between Cave and Prescott, in which threats between Cave and Prescott were passed.
    Impeaching testimony presented late Tuesday afternoon tended to show that the indicted mayor of Rogue River was in the women's ward of the city jail, not the "bullpen" of the city jail, when he alleged he heard the threats.
    Proof was also offered Tuesday by the state, that Abner Cox, another of the defense "surprise" witnesses, who testified he saw a gun drop from Prescott's hand as he fell mortally wounded on the Banks porch, was at the Pacific Record Herald building, on Sixth Street, when Prescott was killed, and left for the Banks home in company with Mayor Jones of Rogue River.
    Practically all of the defense witnesses testified that they had told their stories first to defense attorney Enright, and Mrs. Murray and her daughter, Effie Lewis, testified they had "rehearsed" them several times in Eugene.
    Despite the fact that three defense witnesses testified they heard Constable Prescott utter threats against Banks when he tried to serve the warrant, Mrs. Banks on cross-examination Tuesday testified Constable Prescott "never uttered a word," and was positive on the point.
    Wesley McKitrick was the first witness of the morning session. He testified that, for a considerable period before the murder, he was a visitor at the Banks home "a least once a day, and sometimes twice." McKitrick was known as "a Banks guard" last winter.
    McKitrick under cross-examination testified that he was cook at the county jail, where he is held on a plea of guilty to ballot theft, and that he had once been sentenced to the Washington State Prison at Walla Walla, "but never served any time."
    Virgil Edington, 25, Gold Hill, called to stand, testified Banks, whom [omission] him to find witnesses who would testify they heard Prescott make death threats against him. Upon objections of the defense, the court instructed the jury to disregard the testimony.
    Edington admitted that he was indicted for ballot theft, and was at liberty on $7500 bonds.
Medford Mail Tribune, May 18, 1933, page 1


    EUGENE, May 16.--L. A. Banks, on trial here for murder, was outwardly amused by the testimony of the character witnesses against him Wednesday morning, but the impeaching testimony of the afternoon caused a change in his courtroom demeanor. He smiled broadly at times during the morning session, but was serious-faced and plainly agitated as the court day drew to a close.
    At times he sat with bowed head, rocking in his chair, and at other times manifested an alert interest.
    Many of the morning witnesses were men whom Banks had bitterly flayed in his newspaper, and he stared at them with a fixed stare that was often broken with a broad smile.
    Mrs. Banks listened intently to the morning testimony. In the afternoon she resumed her more serious mien and gazed at the floor. Banks spoke comfortingly to her a couple of times.
    The defense has been based so far upon two contentions--insanity and self-defense. Alienists for the defense testified Tuesday that Banks was the victim of a transitory mania at the time of the shooting, but was sane now.
    The self-defense plea was based upon the testimony of Mrs. May Murray and her daughter; Abner Cox, who said he "loafed around the News and the courthouse" last winter, during the demonstration period; John Wheeler, a farmer, and Walter J. Jones, mayor of Rogue River, who testified they heard Constable Prescott make threats against his slayer. It is now the contention of the state that this testimony was fabricated.
    Thursday afternoon and Friday are now scheduled to be devoted to the closing arguments of both sides, with the instructions of the court coming Saturday morning, when the case will be given to the jury.
Medford Mail Tribune, May 18, 1933, page 1


    The Banks case will go to the jury about Saturday noon, it is predicted in dispatches from Eugene today.
    The defense opened its case last Saturday, and during the week has endeavored to show that Banks was in deadly fear of officers and political enemies, and that Prescott had often made threats against his life. Witnesses for Banks have testified that a gun fell from the officer's hand when he was shot by Banks, but the state claims that Prescott's gun was taken from its holster at the undertaking parlors.
    Defense alienists who heard Banks testify have stated that he was temporarily insane. The state scored, however, when they forced the alienists to admit that he was not insane when he prepared for the coming of officers by fortifying his home.
    A variety of character witnesses took the stand, those for the defense having nothing but high praise for the defendant's truthfulness and high moral standing, while state witnesses were just as certain that his reputation was poor, and that he was a consistent troublemaker.
    Many and varied predictions are being made as to the jury's decision, ranging from acquittal to life imprisonment or hanging for Banks, while Mrs. Banks is expected to get a light sentence, if any.
Gold Hill News, May 18, 1933, page 1


    EUGENE, May 17.--John Wheeler, Medford suburban gardener, who testified that he was at the Banks home and heard the fatal shot, and saw a pistol drop from the hands of Constable Prescott as he fell, was reported seriously ill from a heart attack. A physician, a Dr. Howard, reported it would be dangerous for him to come to the court. Wheeler was sought to be recalled to the stand in an effort to refute the testimony of Oliver Rogers.
    Wheeler was stricken Monday afternoon, a few hours after he testified. The state showed that Wheeler was in the courthouse at the time of the shooting, and was advised of the tragedy by his wife.
    Wheeler's testimony was further refuted Thursday morning by the testimony of R. O. Stephenson, lumberman, who said that he met Wheeler in the courthouse three minutes before the shooting. He said he knew Wheeler, said "Hello, John," and proceeded to the district attorney's office. In that office he was advised by District Attorney Codding that Constable Prescott had been slain. He drove Codding to the police station, and then drove to the Banks home, where he saw Wheeler standing on the lawn of the Banks home with many others.
    Mrs. Marie McCuiston, who resides diagonally across the street from the Banks home, and was working in her yard, said she heard a shot, and looked towards the Banks home. She saw Sergeant O'Brien vaulting over the porch. NO ONE ELSE WAS IN SIGHT. Mrs. May Murray, her daughter, Effie Lewis, Abner Cox, and John Wheeler testified they were, and had heard Constable Prescott make threats against Banks.
    Walter Jones, indicted mayor of Rogue River, was recalled to the stand to testify, in refutation of the testimony of Sam Carey, that he (Jones) met Abner Cox at the door of the Pacific Record Herald building, just as the news of the murder was flashed over the telephone, and they left together. No attempt was made to refute Carey's testimony that Cox was at the newspaper office when the crime occurred.
    Jones testified that he was not in Medford when the shooting occurred. Shortly after 10 o'clock, he had gone to the First National Bank to cash some road warrants. He then left for Grants Pass.
    Under cross-examination Jones said he was driven to Grants Pass by his wife, and in that city he secured a ride to Portland in the auto of a traveling salesman.
    "And what was the name of the traveling salesman," inquired attorney Moody.
    "I do not know," answered Jones.
    "You rode from Grants Pass to Portland in an auto with a traveling salesman, and you do not know his name?"
    "Yes," replied the witness.
Medford Mail Tribune, May 19, 1933, page 1


    EUGENE. Ore., May 19.--(AP)--With little Ruth May, 12-year-old daughter of Mr. and Mrs. Llewellyn A. Banks, sitting between her parents as they faced the jury in the circuit courtroom, defense attorneys today pled for the lives of the elderly defendants.
    In two of the most dramatic emotional appeals ever heard here, Charles Hardy, of Eugene, and Frank Lonergan, of Portland. appealed to the jury to give Mr. and Mrs. Banks their freedom.
    "They are the victims of circumstance," said Hardy. "Banks is a persecuted man. The 'silk stocking' group of Medford has hounded him to tragedy, and now they're trying to crush him just as the power trust has crushed hundreds of others.
    "It was an evil hour when Banks came to Medford. It was an evil hour when he purchased, of all things, a newspaper. His life since he came to Oregon has been one series of unfortunate circumstances, but Jackson County, and not Llewellyn A. Banks, is responsible for the death of George J. Prescott."
    With an emotional ring in his voice, Hardy described the "beautiful devotion" of Banks' Medford friends, "not lawyers, bankers and power trust people, but scrubwomen, laborers, foresters, gardeners and just ordinary people who love liberty."
    Hardy described Banks as an "unusual man," and told of the many unusual men of history who have fought against persecution and corruption and who have been martyred for their efforts.
    "If Franklin D. Roosevelt had been in Medford in 1928 and 1929, he would have been convicted for criminal syndicalism," Hardy shouted.
    "Give them back their freedom," he pleaded. "Let them go back to the scattered remnants that remain to them in Southern California. Let them breathe the healing air of liberty. Don't convict them for a crime that should rightfully be laid at the doorstep of Jackson County.
    "Do your duty as citizens and give this aged couple back their lives!"
    Hardy reviewed the evidence and demanded to know what the state had done with the gun belonging to George Prescott, the slain officer.
    "Because," Hardy cried, "it was probably from this gun, clutched in Prescott's hand, that Banks' bullet glanced and killed the officer."
    Lonergan followed Hardy as the final defense speaker. Joe Hammersly, Portland attorney, will not appear under the revised plans of the defense. Ralph Moody, chief prosecutor, will follow Lonergan in the state's final plea before the judge gives his instructions and the jury retires to decide the fate of the ex-publisher and his wife.
    Lonergan was not expected to complete the defense arguments before the end of today's session, and the case will probably go to the jury about Saturday noon.
    As Lonergan returned for the afternoon session, he opened a bitter attack on the various "interests" in Medford who had opposed Banks and planned to "get" him.
Medford Mail Tribune, May 19, 1933, page 1


    A startling story of the spread of propaganda through Lane County, dating back to the change of venue granted L. A. Banks and wife on trial for first degree murder, was told here today by John Millard upon his return from Eugene.
    The most malicious story in circulation in the university city through members of the so-called Good Government Congress, Mr. Millard stated, brands the late George J. Prescott a "vicious officer," stating that "he had killed three men before coming to Medford."
    The stories were started through Lane County, residents of Eugene told Mr. Millard, when Eugene was first named place of the trial.
    Proof of their statements was revealed to Mr. Millard on all sides, where he questioned people and found that unlimited groups had been contacted by the Good Government Congress, members of which are still in circulation in Eugene.
    Arriving at a restaurant just as Mrs. May Murray, witness for the defense, was departing, Mr. Millard said this morning his wife was able to spike one of the false reports, which had just been imparted to the head woman, who was very surprised to learn of the true state of affairs existing in this county.
    Country districts too, Mr. Millard stated, reveal that a thorough canvass of the county was made by the Good Government Congress to create sympathy for Banks.
Medford Mail Tribune, May 19, 1933, page 1


    EUGENE, May 10.--L. A. Banks, former Medford publisher and orchardist, and his wife, Edith Robertine Banks, charged with first degree murder for the slaying of Constable George J. Prescott, heard themselves and the crime with which they stand accused flayed before an awed and packed courtroom here this afternoon, in a brilliant summation of the state's evidence by Assistant Attorney General Ralph E. Moody.
    The opening address of attorney Moody was characterized by Lane County lawyers and visiting barristers as one of the most brilliant and comprehensive speeches in the history of Oregon court procedure.
    "Where is the excuse that defense counsel can point to, in justification of this outrageous and unconscionable murder? I await with interest their arguments, in mitigation of their clients' deed--to excuse or explain it. The state of Oregon has proven beyond a reasonable doubt--aye! more than they have proven their case, conclusively and completely," declared Moody in his closing statements for the day.
    "The defense has not attempted to meet the issue in this case," he declared during his remarks. "They point to a 'mysterious gang' that Banks has created in his imagination and says, 'O! I am pestered! O! I am abused'!
    "Nobody was pestering Llewellyn A. Banks but his creditors who wanted their money for honest debts that Banks himself had contracted, and obligated. The fact that Banks had been sued 31 times by creditors on just claims is no justification for Llewellyn A. Banks to murder George J. Prescott and Mrs. Banks to help him.
    "The case is simple," further declared attorney Moody. "We are trying a man and his wife for first degree murder on an indictment returned by the grand jury of the county of Jackson, and the state of Oregon.
    "The state is not interested in the controversial matters in which Banks may have involved himself. It has no interest in whether or not he was good to the orchardists. This merely dust that has been injected to cloud the issue. The ONLY QUESTION BEFORE THIS JURY IS WHETHER OR NOT LLEWELLYN A. BANKS, AND HIS WIFE AIDING, KILLED GEORGE PRESCOTT WITH DELIBERATION, PREMEDITATION AND PREPARATION, AND THE STATE HAS PROVEN THAT THEY DID!"
    Referring, at various times in his address, to County Judge Earl H. Fehl, Sheriff Gordon L. Schermerhorn and attorney Tom J. Enright, Moody said,
    "Among those indicted for burglary not in a dwelling--the theft of the ballots from the courthouse--were L. A. Banks, and his close friend, Earl H. Fehl, is the county judge of Jackson County, but as Mr. Gates said on the witness stand, the ballots were stolen before they could be recounted, upon order of the court....
    "The indictments were secret...But Mr. Banks, the evidence shows, got grand jury information in advance on this and on other occasions.
    "Judge Fehl admitted on the stand, when he came to reluctantly testify in behalf of his friend Banks, that at a previous grand jury session, he was receiving information from the foreman of the grand jury and carrying it to Banks. The grand jury that returned the ballot theft had no friendly foreman, but what a man can do once, he can do again, and Judge Fehl had the run of the courthouse...
    "When Banks told Fleming, just before the murder that 'Coleman and Fehl plan to make me the goat in this ballot business,' was he afraid Fehl, one of his co-conspirators, was going to confess and make him the big frog in the puddle?
    "Mr. Fleming testified that on the morning of the murder, when he called, Mrs. Banks was around the house, performing the duties ladies generally do at that time in the morning. Attorney Enright took the stand and testified that Fleming told him a day or so later, in the Josephine County jail, that he did not see Mrs. Banks that morning. Let me remind this jury that this is the same Mr. Enright that four or five witnesses, whose truthfulness is in doubt, testified they rehearsed their stories before they came to the stand. And they seek to pit the word of Enright against the word of Fleming. IMAGINE IT."
    Referring to Sheriff Schermerhorn, attorney Moody said:
    "So they wanted to surrender to Sheriff Schermerhorn. Mrs. Banks telephoned to make arrangements to that end and to say in what jail Mr. Banks would be detained. WHAT RIGHT HAD THEY TO DESIGNATE TERMS OF SURRENDER TO THE LAW, AFTER COMMITTING A MURDER?
    "I doubt if Schermerhorn had been sent to arrest Banks he would have been apprehended, at least, when he was.
    "Sheriff Schermerhorn was jointly indicted with Banks and Fehl as a co-conspirator in the ballot theft. That is why he was not given the warrant to serve on Banks. And, I ask you jurors as reasonable men and women, if it was not the course you yourself would have followed under the same circumstances?"
    At another juncture of his speech, spoken throughout, save at the close, in a conversational tone, attorney Moody said:
    "I only wish the state had been able to show what was said the night before the murder, and WHO WERE PRESENT in the Banks home. The defense, for reasons of its own, did not see fit to reveal this phase of the case.
    "The first scene was enacted at that meeting the night before, when preparations for the murder were made."
    Attorney Moody declared, after reading the two "bloodshed threat" letters to the jury:
    "They were acting together jointly when Mrs. Banks typewrote the two letters at the dictation of Banks * * *
    "When Banks dictated and signed those two letters, he was not alone preparing for the murder, he was also preparing his alibi * * * Mrs. Banks testified she threw the letters out. I do not doubt she 'threw them out,' just as Tommy Williams testified he saw her open the door, stoop, and throw something on the porch.
    "He (Banks) said to himself: 'I am going to be my own judge and jury and so I will write these letters and tell them if any officer interferes with me there will be bloodshed.'"
    Castigating the attitude of Banks before, during, and after the murder, attorney Moody said:
    "Banks was cold-blooded--cold-blooded enough to plan the murder, but too cowardly to go to the door and open it. No! He shoved his wife up there, under explicit instructions about what to do. Why didn't he go himself? The situation explains itself. He could not have used the rifle at an open door.
    "Banks was a good marksman. He stood 35 or 40 feet away and hit a man in the heart, through a crack in the door, four or five inches wide. But his crazy theory was also hit. Dr. Josephi said he was crazy when he pulled the trigger. He must have had a lucid moment in his 'transitory mania' when he shot so straight and true. HE WAS NOT CRAZY THEN, nor is he now."
    Upon objections of attorney Lonergan, the court instructed attorney Moody to face the jury while addressing his remarks, and not point at the defendants.
    "Banks, after the murder, had the audacity to say that George Prescott was 'burglarizing his home.'
    "He lived in luxury, not paying his honest debts, and abusing every constituted authority that is protecting him now * * * He never went into court that he did not file an affidavit of prejudice against the presiding judge, and he was forced to admit it on the stand.
    "Banks shot George Prescott with a nasty, vicious mushroom bullet that civilized nations have barred from use in modern warfare.
    "He took away the life of George Prescott, but he can never take away the law enforcement ideals for which George J. Prescott stood and lived and died.
    "When Banks told Fleming of his murder plans, Fleming said 'O, don't do that Mr. Banks, it will get you into trouble.' Banks said, 'I will do it because I said I would do it. If any officer comes to that door to take me on a trumped-up charge, I will go out over their bodies feet first,' AND THAT IS EXACTLY WHAT HE DID DO.
    "Are you going to believe that Edwin Thomas lied, when he testified to threats that Banks made two days before the murder * * *? Whenever it was mentioned that Banks had to go to court, he would rage. The word 'subpoena' annoyed him. When he told Thomas, 'I can pluck out the heart of any man who comes to that door with a subpoena,' he pointed an imaginary rifle at the front door--the door to which Prescott came--and then and there rehearsed his murder plot.
    "Banks testified that on the morning of the murder he wore a revolver to the breakfast table. What did he do that for? Was he going to shoot his wife? Did he expect to see game in his own house? Do law-abiding people wear pistols to the breakfast table? Was he expecting to be surprised by the law? Or was he preparing for the murder?
    "Banks gloried in his deed and told Phil Lowd, his friend, he would have shot any officer, probably, who came to the door. Phil Lowd might have thought he was Banks' friend, but Banks was never Phil Lowd's friend * * *
    "He showed no sympathy for the victim of his hate * * * He was cold-blooded. He thought only of self. His conscience never bothered him, and  he is selfishly and extravagantly egotistical. He was only afraid of getting caught * * *
    "When he wrote to Rev. L. F. Belknap to arrange for bonds * * * the consciousness of his own guilt was upon him, and he was acting to protect himself.
    "I suppose that the thought that went through the mind of Banks after the murder, while casually walking about the house, was that the misguided followers of his Good Government Congress--that organization with the 'hifalutin' name, and the false purposes, would flock to his home and surround it, and protect him while he fled."
    Referring to the alibi witnesses, attorney Moody said:
    "Four or five witnesses have been brought here to testify they saw a pistol in poor George Prescott's hand. * * * Even Banks would not testify to that. He testified he saw what he IMAGINED to be a pistol. If anybody knows what a pistol looks like, it is Llewellyn A. Banks. I am just waiting to see if defense counsel will have the audacity to claim these witnesses of theirs are to be relied upon for truth and veracity."
    Relative to Mrs. Banks' part, attorney Moody said:
    "What did Banks mean when he cried 'Look out' * * * No one else was in the house * * * Fleming had gone. The warning was not for the officer he plotted to kill. The warning was for Mrs. Banks, and then again they were acting together and jointly.
    "Why did Mrs. Banks put on the burglar latch of their palatial home * * * She testified it was because she did not want it opened any wider than the crack * * * She stepped aside, and made sure she was not an obstruction to the bullet from the vicious rifle in the hands of her mate * * *
    "The law makes no distinction between the sexes * * * You can find one or both guilty.
    "If John Wheeler was in the house, as both Wheeler and Mrs. Banks testified, why did she not give the 'proceed in order' note to Wheeler instead of a total stranger she had to CALL THREE TIMES?
    "Mrs. Banks showed no compunction after the murder--not even when her little daughter asked what had happened.
    "When Tommy Williams asked Mrs. Banks, 'Where is George," she nodded her head towards the body, and said 'Over there.' The nation honors thousands who sleep 'Over There' * * * Officers of the law are as necessary in peace as soldiers in war, and George J. Prescott died as much a hero to his city as any soldier of war to his country."
    In his closing remarks, attorney Moody linked Mrs. Banks to every vital move in the murder and its preparation.
    "She acted jointly with her husband * * * If the temporary insanity plea interposed for him holds, she is in the position of aiding a crazy man instead of counseling him against a crime."
    Attorney Moody declared Mrs. Banks typewrote the bloodshed threat letters, handed them out the door, knew the officers had arrived, and told Banks of their arrival, opened the door, after fixing the burglar latch, stepped away when Banks warned her, wrote the 'proceed in order note' and signed and delivered it, said "We killed him' and telephoned the terms of surrender to the officers.
    "I call upon the defense to disprove these proven facts, that show irrefutably that Mrs. Banks acted jointly, deliberatively and premeditatively in the slaying of poor George Prescott."
Medford Mail Tribune, May 19, 1933, page 1


    EUGENE, Ore., May 20.--(AP)--The jurors in the Banks case, worn out after three weeks of grueling arguments and testimony, went to bed at 9 o'clock Saturday night. They had deliberated the case 5½ hours and planned to resume their consideration of the evidence Sunday morning.
    The jury is deciding the fate of Mr. and Mrs. Llewellyn A. Banks, accused of the first degree murder of George J. Prescott, Medford constable. The case was placed in their hands at 3:30 o'clock Saturday afternoon.
    At 9 o'clock they decided to retire to rest and the bailiffs took them bedding. They were confined to rooms in the top floor of the courthouse.
    They were to be up for breakfast at 7:30 o'clock Sunday morning.
     EUGENE, Ore., May 20.--(AP)--Seven men and five women tonight undertook the task of determining the innocence or degree of guilt of Llewellyn A. Banks, 62, and his wife, Edith Robertine Banks, who for three weeks were on trial for first degree murder for the slaying of a constable in Medford three months ago.
    The jury was expected to report immediately upon reaching a verdict, whether during the night or on Sunday.
    Some women in the courtroom wept as Frank Lonergan, chief of defense counsel, climaxed his dramatic plea for acquittal of the elderly couple with the words:
    "When I sit down, the lips of the defendants will be sealed. The state has one more chance at you before you take the fate of this old couple to the jury room. But we'll be waiting--waiting--waiting--waiting for your decision!"
    The jurors only gazed stolidly at the attorney as his argument was concluded, then filed out for a brief recess before Ralph Moody, chief prosecutor, undertook the closing argument for the state.
    Lonergan declared that Banks was temporarily insane when he killed the constable. Persecution by corrupt county officials whose resignations he had militantly demanded in his newspaper had affected the mind of the former editor, the attorney said.
    "Banks was a hounded man," Lonergan said, "staying in his home for 10 days before the tragedy to avoid trouble, planning to leave for the mountains to save his own life. Finally, when he saw Prescott trying to break into his home to 'get' him, Banks lost his reason. You couldn't have stood it and neither could I."
    Moody, closing for the state, reviewed the case point by point. He waved the blood-stained warrant that had been taken from Prescott's coat pocket as he told the jury the constable had a legal right to arrest Banks and even to break into his home.
    He accused the defense of perjured testimony, described the "eyewitnesses" the defense had introduced as "liars."
    "Four eyewitnesses claim they stood in front of the door and saw a gun in Prescott's hands," Moody said, "yet each says he saw no one else on the street." The four "witnesses" had testified for the defense that a revolver fell from Prescott's hand as he slumped to the porch of Banks' home, fatally wounded. Rebuttal witnesses for the state testified that at least two of the "eyewitnesses" were not near the former editor's residence when the tragedy occurred.
    Moody declared that Banks deliberately killed the officer, that he was prepared to kill any officer who might attempt to arrest him. Mrs. Banks, the prosecutor said, knew of her husband's intentions and held the door open while Banks fired through the opening the shot that pierced Prescott's heart.
    EUGENE, Ore., May 20.--(AP)--The women in the audience wept today as Frank Lonergan, chief of the defense counsel, made his final dramatic plea for the lives of Mr. and Mrs. Llewellyn A. Banks.
    As Lonergan concluded his arguments for the elderly pair, charged with the first degree murder of George J. Prescott, Medford constable, he begged the jury to free them and give their daughter, Ruth May, back her parents.
    "When I sit down," Lonergan said, "the lips of the defendants will be sealed. The state has one more chance at you before you take the fate of this old couple to the jury room. But we'll be waiting--waiting--waiting--waiting for your decision."
    As Lonergan sat down, several women in the front of the courtroom could be seen wiping their eyes. The jurors retained their sphinx-like attitude, but few others in the courtroom were unmoved. Ralph Moody, chief prosecutor, followed Lonergan after a brief recess, and the case was to go to the jury as soon as he had finished and the judge had read his instructions.
    Moody was described by Lonergan in his closing arguments as a "general" of the Medford business forces who have been out to "get" Banks because of his fearless opposition to their "graft and corruption."
    Moody was accused of marshaling the evidence and the witnesses against Banks. "Moody will make a brilliant plea," Lonergan shouted, "because his future depends on his ability to crucify this old couple. He knows if he can convict Edith and Llewellyn Banks he will be met at the station by the 'Committee of 100' shouting, 'Ah, a Daniel has come to Medford'!"
    The defense plea was based entirely on temporary insanity caused by persecution. Lonergan told of the series of incidents that preceded the tragedy. "Banks was a hounded man, staying in his home for ten days before the tragedy to avoid trouble, planning to leave for the mountains to save his own life. Finally, when he saw Prescott trying to break into his home and 'get' him, Banks lost his reason. You couldn't have stood it and neither could I."
    Lonergan said the district attorney's office had started using Prescott to "get" Banks because they knew Prescott was angry at Banks and wanted to kill him.
    "Banks was branded as a coward,"  Lonergan shouted. "Was he a coward when he fought the politicians and beat the power franchise? Was he a coward when he attacked the water bond issue and beat it? Was he a coward when he asked for fair prices for fruit and made the trust pay them?"
    Lonergan described Banks' state of mind as he saw his fortune torn from him, his friends arrested, his own life threatened. He recounted again the incidents that led up to the slaying.
    "My God!"the attorney shouted.
    "He couldn't stand it any longer! He lost his reason! "
    Moody followed at once and reviewed the case point by point. He waved the blood-stained warrant taken from Prescott's body as he told them the constable had a legal right to arrest Banks and even break into his home.
    Point by point he accused the defense of perjured testimony and branded their four "eyewitnesses" as liars.
    "Of course we had to send to Medford for new witnesses to combat their testimony. How could we know that perjured testimony would be offered. When it was offered we knew it to be untrue, and we brought the people here who could prove the truth.
    "Four eyewitnesses claim they stood in front of the door and saw a gun in Prescott's hand, yet each says he saw no one else on the street. Do the defense attorneys expect the jury to believe that?" Moody asked.
    Charles Hardy and Lonergan were attacked by Moody for introducing side-issues into the case. "I should have kept the alienists here to examine the defense attorneys for insanity. They should know as well as we do that these issues have nothing to do with the case," Moody said.
    "But of course," he added, "Dr. Josephi would have declared them only temporarily insane and would have said they're all right now, so perhaps it is just as well."
    Lonergan, who has bitterly attacked "Copco" in his arguments, was in turn accused by Moody of being a power trust lawyer.
    "But I've reformed," Lonergan interposed from the table, and the judge had to warn the defense lawyer against interrupting,
    The prosecutor again outlined the complete case, attempting to show that both Banks and his wife had planned the murder of the constable in cold blood.
    The case was assured of reaching the jury sometime this afternoon. Judge G. F. Skipworth was to read his instructions to the jurors before they retired to settle the fate of the ex-publisher and his wife.
Medford Mail Tribune, May 21, 1933, page 1


    EUGENE, May 20.--(AP)--Judge Skipworth's instructions to the jury required about an hour and 15 minutes. He began by reading the indictment against Mr. and Mrs. Banks and informed the jury that every material allegation must be proved by the state beyond a reasonable doubt.
    To be convicted of first degree murder, the judge pointed out, a man must be shown to have committed a homicide with malice, premeditation and deliberation. To be convicted of second degree murder, he must be shown to have committed the crime with malice, but premeditation need not be shown.
    He informed the jurors that while Mr. and Mrs. Banks are being jointly tried, a separate verdict is to be returned for each. He read the law in the case and defined the rules of insanity and self-defense on which Banks was to be tried and explained the manner in which the jury was to return its verdict.
    Typewritten forms, one for each possible verdict which the jury might return against Banks and Mrs. Banks, were handed the jurors. The possible verdicts for Banks were: First degree murder without a recommendation (death); first degree murder with a recommendation of lifetime imprisonment; second degree murder; manslaughter; not guilty by virtue of insanity and not guilty.
    The possible verdicts for Mrs. Banks were the same except that no verdict of "not guilty by reason of insanity" would be brought in for her. No insanity defense has been introduced on her behalf.
    The judge informed the jury that the court would meet at any hour to hear the verdict. He instructed the jury that both an insanity plea and a self-defense plea are legal, but that the burden of proof there lies with the defendant and not the state.
    "Insanity is a legal defense," said Skipworth. "Banks has entered a plea of temporary insanity. The facts are for the jury to decide."
    Skipworth went into detail concerning the case and instructed the jury that Prescott, the constable, was within his legal duties in attempting to arrest Banks. Prescott could have even broken into the house under the law, the judge said.
    Skipworth pointed out, however, that threats reported or unreported to Banks would be considered in the evidence. Self-defense is only a legal defense in a murder case where the defendant can prove he was in physical danger or honestly thought himself to be in danger.
    Skipworth pointed out that alleged admissions of guilt and statements by each of the defendants could only be used in determining the guilt or innocence of that defendant and could not be considered in the case of the other.
Medford Mail Tribune, May 21, 1933, page 1


    EUGENE, May 18.--Comparing their client and the chief defendant, L. A. Banks, on trial here with his wife, Edith Robertine Banks, charged with the murder of Constable George J. Prescott, by inference or direct statement, with Christ, President Roosevelt, Abraham Lincoln, and Theodore Roosevelt, two defense attorneys--Charles Hardy of Eugene and Frank J. Lonergan took the entire day Friday to make their final pleas to the jury.
    In the closing minutes of his address, attorney Lonergan depicted Mrs. May Murray, her daughter Effie Lewis, John Wheeler, and Abner Cox, "as like the common people who fought the British at Lexington to repel the brutal tyranny of a foreign motherland, and keep the stars of American flag in a field of blue." These four defense witnesses by rebuttal evidence proved them not at the scene of the crime, as they testified they were.
    Attorney Lonergan flayed the state police and Sergeant James O'Brien, companion of the slain officer, and declared, "as soon as the people can vote upon it, they will abolish the state police, who came into this court without the courtesy of putting on their coats, but instead with their guns and their badges, and their trapping showing to browbeat us and impress us with their authority."
    The little daughter of the Banks, Ruth May, 12, sat between her parents all day, and listened to the words of the lawyers speaking to save her father and mother from prison, or worse.
    District Attorney George A. Codding and his assistant, George W. Neilson, long targets for Banks' bitter attack, and against whom he bore a deep hatred, were also castigated by attorney Lonergan. The two sat within a few feet of the jury during the denunciations, unmoved.
    The addresses of Lonergan and Hardy savored at times of an appeal to prejudice and old-fashioned 4th of July oratory, and both referred to the citizens of Medford who came to testify that Banks bore a "bad" reputation for truth and veracity, as the "silk stocking crowd."
    Attorney Hardy declared, "if President Roosevelt was in Jackson County espousing the principles of the New Deal, the silk stocking crowd would have him indicted for criminal syndicalism as they did Banks."
    Attorney Hardy declared, "It was an evil hour when Banks came to Jackson County," and then said, "and in another evil hour--of all things--he bought a newspaper.…"
    "This is the most extraordinary case in the history of Oregon," attorney Hardy declared, at another stage of his speech, and he attempted to show that Banks was a "victim of organized persecution."
    Attorney Lonergan flayed every constituted authority that opposed Banks, with the exception of Chief of Police Clatous McCredie, who he described as "a fine upstanding officer doing his duty, and a fine citizen."
    At one point of his long talk, Lonergan said: "The man of Galilee drove the money changers out of the temple, and Banks drove the money changers out of the orchards of beautiful Southern Oregon."
    Banks is "paying the penalty of a man who expresses his ideals and visions, in opposition to the reactionaries," and made comment that Colonel Theodore Roosevelt "underwent the same risk, and was the victim of an assassin's bullet."
    Attorney Lonergan took occasion to refer to "C. E. (Pop) Gates, as the man who was willing to sacrifice himself for Governor of Oregon" and mildly attacked attorney Gus Newbury and E. E. Kelly, for the assistance they rendered to the prosecution in notifying witnesses to come here to refute the defense surprise attack.
    Tributes were by chief defense counsel to Earl H. Fehl, W. H. Gore, Dr. J. F. Reddy, V. J. Emerick, Dr. F. G. Swedenburg and Mrs. Ariel Burton Pomeroy, character witnesses. Mrs. Pomeroy on the witness stand testified she had "never heard anyone doubt Mr. Banks' reputation for truth."
    Banks, seated as usual beside his brother-in-law, Charles F. Moran, manifested but little interest in the long address, except when District Attorney Codding was under fire, and then he beamed with satisfaction. Much of the defense oratory was devoted to attacking the controversial issues that Banks had espoused, and feeding what attorney Moody in his opening address called "selfish and extravagant egotism."
    Mrs. Banks throughout the long day sat with bowed head--her characteristic attitude, during the trial--seemingly paying but little attention to the proceedings.
    Ruth May, the 12-year old daughter, sat throughout the trial an inconspicuous little girl with curly hair, unnoticed by crowd or jury in the grim drama that was under way before her childish eyes.
Medford Mail Tribune, May 21, 1933, page 6


    EUGENE, Ore, May 22.--(AP)--After an examination by Dr. Orville Waller of Eugene, Llewellyn A. Banks, convicted on a second degree murder charge, was ordered confined in a Eugene hospital for several days.
    Two guards will be assigned to watch the elderly ex-publisher at all times. His condition was described by Dr. Waller as "generally run down and nervous" as a result of the three weeks' trial.
    Judge G. F. Skipworth ordered the "rest cure" at the request of Banks' attorneys. Skipworth also gave the defense 20 days in which to file motion for a new trial. At that time the motion will be granted or Banks will be sentenced to life imprisonment for the slaying of George J. Prescott, Medford constable.
     EUGENE, Ore., May 22.--(AP)--A lifetime of servitude behind the high walls of Oregon state prison today appeared the present prospect for Llewellyn A. Banks, who last March 16 shot and killed a constable who came to arrest him.
    Banks, former Medford, Ore., newspaper publisher and one-time wealthy orchardist of Riverside, Cal., and Medford, was convicted by a circuit court jury here yesterday of second degree murder for the shooting of Constable George Prescott. Mrs. Banks, indicted with her husband on the first degree murder charge, and described by the prosecution as his co-conspirator in the reputed attempt to lay a trap for Prescott, was acquitted. The jury deliberated 22½ hours.
    The defense served notice a motion for a new trial will be taken within the allotted 20-day period. Banks will not be formally sentenced pending determination of this motion.
    The austere, 62-year-old man whose ancestry, he declares, may be traced to John and Priscilla Alden, never lost the calm, grim manner that characterized his every appearance in the courtroom. He, known to have had the highest hope of acquittal, appeared unperturbed and stoic as the verdict was read. It was his wife who was most affected. When the verdict was read convicting Banks, the woman appeared greatly moved. Her body sagged and her hand reached searchingly for a chair into which she sank.
    "We have just begun to fight," declared George Moran, brother-in-law of Banks, and former newspaper publisher of Cleveland, Ohio. "We are going to carry this thing through." Moran came here for the trial and said he would remain here until the case is finally disposed of.
    In a statement issued after he had returned to his cell in the Lane County jail following reading of the verdict, Banks said:
    "The verdict has been rendered. I am undismayed. I have implicit faith in the eternal cause of righteousness. I have been persecuted, persecuted and convicted by the power and other special privilege interests. They have won a signal victory. I congratulate them.
    "Judge Skipworth was eminently fair and proved himself more than a judge--he is a man. I admire and respect him."
    The Banks trial was brought to Eugene from Medford on a defense motion for change of venue. The city of Medford and the entire Jackson County had been split into bitter factions by Banks' political activities. He was the storm center of the acrid battle which was punctuated by his repeated and emphatic demands for the wholesale resignations of Jackson County officials.
    He organized the so-called "Good Government Congress," through which he tried to gain this goal. Many members of this congress were later indicted, Banks among them, for reputed complicity in the theft from the county courthouse vault of about 10,000 ballots cast in the November election. The ballots were stolen the night before a recount was to be held at the request of an office-holder defeated by one of Banks' candidates.
    While Constable Prescott was attempting to serve this warrant on Banks, the former publisher shot him dead on the porch of the Banks residence. A few hours earlier Banks had dictated a letter to police officers declaring he had been "framed," that he would resist arrest on the charge, and that if an attempt were made to arrest him, "bloodshed may result."
    The state insisted the killing was premeditated and deliberate. The defense held that Prescott had made several threats on Banks' life, that as the officer tried to push his way through the door which was held on the other side by Mrs. Banks, the defendant fired a bullet intended simply to frighten the officer, believing at the time that his own life and the life of Mrs. Banks was in imminent danger.
    The trial lasted three weeks. The defense introduced several men who declared they were eyewitnesses to the killing. The state declared it was successful in controverting their stories by gaining admissions from each that although he was in the street in front of the Banks residence, not one saw any of the others.
Medford Mail Tribune, May 22, 1933, page 1


    General satisfaction with the verdict of the Lane County jury of five women and seven men, who Sunday afternoon after 22 hours deliberation returned a verdict of guilty of second degree murder against L. A. Banks, and acquittal for his wife, Edith Robertine Banks, was expressed today by Jackson County residents.
    The verdict came two months almost to the hour from the date of the slain official's funeral in this city.
    Second degree murder carries with it a mandatory life sentence. The filing of a petition asking for a 30-day period in which to file a motion for a new trial was a formal legal move. Circuit Judge Skipworth announced that sentence would be passed at the expiration of that time. By virtue of the verdict, Banks is in the custody of the Lane County sheriff and will be held in the Lane County jail until removed to the state penitentiary at Salem.
    Banks, after the verdict, thanked the court for its fair and impartial decisions and handling of the trial. The court throughout exercised great care and caution in the case.
    Discipline in the courtroom was rigidly maintained, and any attempts at outbursts were speedily squelched. When applause broke out at one stage of the trial last Thursday, the court threatened to clear the courtroom. The only other applause of the trial came the day previous, near adjournment for the day, when George E. Obenchain, of the Central Point district, called as a character witness, declared Banks to be "the best man who ever came to Jackson County."
    Closing addresses of the defense counsel attacked those people and organizations against whom Banks, during his journalistic days, had fulminated vitriolically. The general tenor of attorney Lonergan's argument was along the same lines, with the lone exception that he did not attack the "illegal legal trust." The heavy guns of his wrath were directed against District Attorney George A. Codding and his assistant, George W. Neilson, who calmly sat within arm's length of the defense ace while he thundered his tirade. Assistant Attorney General Moody, in his closing address, made but passing comment upon the attack, declaring it was "a common dodge of defense counsel as a last resort to lambaste law enforcement agencies, to bolster their own case."
    Attorney Lonergan also attacked the state police vigorously, and declared they would be abolished by a vote of the people. He condemned the state police "for not having the courtesy to wear their coats while appearing before us," though the state constabulary members were appearing in their summer uniform, which is without a coat.
    Attorney Moody at another stage of his speech declared, "The defense argument is demagogic, and deals with almost everything but the evidence in the case."
    Most of the Medford and county people in attendance at the trial left for home Saturday afternoon following the closing arguments, the balance returning yesterday and today.
    Sentiment in Eugene swung against Banks the last week, though at all times the courtroom spectators were for him, and freely predicted acquittal. Eugene people were under a constant fire of propaganda, similar to that circulated here the past two years. One of the most vicious arguments was that "Constable Prescott had killed three men."
Medford Mail Tribune, May 22, 1933, page 2


    Mrs. Edith Robertine Banks, acquitted of complicity in the murder of Constable George Prescott, for which her husband was found guilty Sunday at Eugene, rejoiced at her release, and was with friends soon after the decision was made known according to Matron Daniels, who returned this morning to her duties at the county jail.
    Matron Daniels was with Mrs. Banks from the time of her arrest until her acquittal, a period of two months, and says Mrs. Banks plans to return here for a few weeks to attend to business matters and wait for the end of the school year, on account of her 12-year-old daughter, Ruth May, a courtroom visitor last Friday.
    After closing her local affairs Mrs. Banks plans to return to Eugene, where her convicted husband is detained pending outcome of routine legal matters, and will remain there until they are concluded. After that her plans are indefinite, Matron Daniels said.
    Mrs. George F. Moran, sister of Banks, and her husband, generally reported to have financed the defense, will remain in Eugene for several days, it was said, before returning to their Ohio home.
    A large number of friends of the accused pair were in the court room when the verdict was returned, including Mrs. Henrietta B. Martin, president of the so-called "Good Government Congress," Mrs. Ariel Burton Pomeroy, intimate friend of the Banks, who was called as a character witness, and Mrs. May Powell of Talent, who testified she heard Constable Prescott make threats against Banks in Nandie's Cafe the day before the killing. Mrs. Powell testified she overheard the purported threat between three and half-past three o'clock, on the afternoon of March 15. The state refuted this testimony by showing that Prescott was awaiting a grand jury call as a witness at the time, and that the bench warrants were not issued until after five o'clock the same day.
    According to Matron Daniels, Mrs. Powell was visibly affected by the verdict and deeply depressed.
    R. A. Boyce, Tolo district farmer, testified that he had heard Constable Prescott voice a threat at a time when he was in the courthouse awaiting the grand jury call, and before the bench warrants for ballot theft were issued. Boyce testified Prescott told him he "would need a truck" to handle all the warrants issued for ballot theft.
    Matron Daniels says that Mrs. Martin and Mrs. Pomeroy accepted the verdict philosophically, though surprised and disappointed, and afterwards rushed to the side of Mr. and Mrs. Banks to offer congratulations and condolences. Mrs. Martin appeared in court during the closing arguments of the state, wearing a corsage of bright flowers. She frequently shook her head in dissent when arguments unfavorable to the defendants were given.
Medford Mail Tribune, May 22, 1933, page 5


    Lane County, through its grand jury and the district attorney, the state of Oregon, and Jackson County, will take official cognizance of asserted perjured testimony presented by the defense in the Eugene trial of L. A. Banks, former local agitator, publisher and orchardist, now awaiting sentence upon a conviction of second degree murder, with a mandatory life term.
    District Attorney George A. Codding, who returned today from Eugene, where he has been at court for the past three weeks, said that the testimony would come before the Lane County grand jury as soon as it convened, probably within the next week or ten days. There has been a strong demand from this county, Lane County, and other sections of the state, urging that the testimony be investigated.
    Four defense witnesses--May Murray, and her daughter, Mrs. Effie Lewis, Abner Cox and John Wheeler, Spring Street gardener, testified under oath that they were on the street in front of the Banks home at the time of the shooting, heard Constable Prescott utter threats and vile oaths, and saw a pistol fall from his hand, as he collapsed mortally wounded.
    The state refuted their stories by producing witnesses to show that Wheeler was at the courthouse when the shooting occurred; that Mrs. Murray and her daughter were four or five blocks away, and did not reach the Banks home until after Banks had been arrested and was on his way to the Grants Pass jail; and that Abner Cox was in the Pacific Record Herald building on Sixth Street at the time of the tragedy.
    Cox has been a resident of the valley for three and one-half years, Mrs. Murray and daughter for 14 years, and Wheeler for seven years, they testified. Wheeler is a former resident of Lane County, and after his testimony was stricken with heart trouble, it was reported to the court. He was able to be out Saturday afternoon, state police say.
    Testimony of Mrs. May Powell, Walter J. Jones, indicted mayor of Rogue River, and R. A. Boyce, Tolo district dairyman, will also come under the scrutiny of the inquisitorial bodies.
    Mrs. Powell testified that between three and three-thirty o'clock on the afternoon before the murder she heard Prescott make threats against Banks, and that he had bench warrants for his arrest. She also testified she told Banks of the threat that evening in his home.
    The state, by witnesses and records, showed that the bench warrants were not issued until nearly 5:30 o'clock of the day before the murder, and that the slain officer was in the courthouse, awaiting the call of the grand jury all the afternoon.
    Royce testified that he saw Prescott, an acquaintance, near Nandie's Cafe on Main Street the afternoon before the murder, and that Prescott had told him he needed "a truck to haul warrants." This was also during the period Prescott was in the courthouse, awaiting a grand jury call as a witness.
    Jones testified that when arrested on the afternoon of February 28 for ballot theft, he was placed in the "bullpen" and overheard a conversation between Prescott and Officer Joe Cave, in the city jail office, in which Banks was threatened. The records show that Cave was off duty, and that Prescott was not in the city jail office during the time designated by Jones as when he overheard the alleged talk. Sunday is Cave's day off.
    Rev. Jouett P. Bray testified that he had a conversation with Prescott shortly before the murder day in which, as friends, they discussed the ballot thefts. Bray said Prescott told him, "If I am given a warrant for Banks, I will get him." Bray testified Prescott was mild mannered and quiet.
    Attorney Moody read Bray's testimony to the jury and said, "If you can get a threat out of that testimony the defense is welcome to it."
Medford Mail Tribune, May 23, 1933, page 1


    Llewellyn A. Banks, former local agitator, orchardist and publisher, convicted of second degree murder for the slaying of Constable George J. Prescott March 16 by a Lane County jury last Sunday, will appeal to the state supreme court.
    This announcement was made Tuesday in Salem by Frank J. Lonergan, chief counsel for Banks.
    Banks is under guard in a Eugene hospital, where he went Monday on an examination by a doctor, who described his condition as "generally run down." A daily report, ordered by the court, declared Banks was no worse. A deputy sheriff guarding Banks' bed reported he "spent a sleepless Monday night." The length of Banks' stay in the hospital depends on his health, based on reports made by a physician named by the court.
    The next legal move in the case will be the arguments on the defense motion for a new trial. They have 20 days in which to do this, and the state has several days in which to answer. Attorneys estimate that a final decision on this phase will not be made until the middle of June.
    In the event the new trial plea is denied, Banks will be sentenced to the life term made mandatory by Oregon law and removed to the state prison, unless a stay of execution is granted on a defense motion to that end.
    Assistant Attorney General Moody, who prosecuted the Banks case, and Deputy District Attorney George W. Neilson returned this morning from Salem, where they conferred with state officials on the Banks trial and kindred cases soon to be brought to trial.
Medford Mail Tribune, May 24, 1933, page 1


    Four criminal matters against L. A. Banks--two indictments for criminal libel, one for criminal syndicalism and one for ballot theft--and all the civil suits pending against him, were Monday ordered continued until the new term of circuit court, starting Monday, by Circuit Judge H. R. Norton. It was a legal formality to keep the records straight. Around this litigation the defense based its "persecution" claims.
    Banks was found guilty by a Lane County jury Sunday of murder in the second degree, and faces a mandatory life sentence under Oregon law.
    At the same time, and in the same order, the court directed that the criminal actions pending against Henrietta B. Martin, president of the so-called "Good Government Congress" and catspaw of the convicted agitator in the local turmoil, charged with "riotous and disorderly conduct" as the result of the attempted buggy-whipping of Leonard N. Hall, Jacksonville Miner editor, be continued along with that of her father, C. H. Brown, secretary of the "congress," charged with "slandering a bank."
    The indictments against L. O. VanWegen and L. E. Fitch, charged with abetting Mrs. Martin in her lashing efforts, comes under the same order.
    Both petit jury and the grand jury for the May term were ordered continued until "further orders of the circuit judge, or any circuit judge of the state of Oregon who may be assigned to Jackson County by the state supreme court."
    All criminal and civil matters pending in the circuit court are included in the decree.
    Circuit Judge Norton is holding court in Josephine County this week, and will return the end of the week.
    EUGENE, Ore., May 24.--(AP)--The condition of Llewellyn A. Banks, convicted ex-publisher, was reported as "satisfactory" today by Dr. Orville Waller, who was appointed by the court to care for him in the Pacific Hospital here.
    Banks, who was described as "nervous and run down" as a result of his three weeks' ordeal in the courtroom, was taken to the hospital yesterday. Two guards are assigned to watch him.
    Banks' condition is not regarded as serious. He is said to be suffering from a recurring lung trouble which forced him to come west years ago.
Medford Mail Tribune, May 24, 1933, page 1


    Mm. Edith R. Banks, tried with her husband, L. A. Banks, for first degree murder for the slaying of Constable George J. Prescott, and acquitted Sunday by a Lane County jury, arrived in Medford yesterday from Eugene and was guest today of Mrs. Mary Weston at her home on North Peach, according to report of friends.
    Mrs. Banks was not contacted, but attorneys stated that when they departed from Eugene her intentions were to return to the university city later this week, to be near her husband. Her daughter, Ruth Mae, who has made her home with Mrs. Weston since the tragedy, will remain here, it is understood, until the close of school. She is a pupil in the junior high school.
    Attorneys W. E. Phipps and T. J. Enright, representatives from this city for the defense in the murder trial, and all witnesses, had also returned to Medford today.
Medford Mail Tribune, May 24, 1933, page 1


    Coat of the murder trial of L. A. Banks and his wife, Edith Robertine Banks, held at Eugene at the expense of Jackson County, is close to $5500, on the face of available figures. All the bills have been accounted for with the exception of a few incidentals, such as the keep of Banks up to the time of his conviction of second degree murder and the acquittal of Mrs. Banks.
    Witness fees and mileage for the trial cost $2535.45. Jury fees, meals and rooms, and general expense totaled $2900.
    The state called 49 witnesses. Of this number 27 testified in the direct case, 12 were called as character witnesses, and 10 as refuting witnesses. Thirty-seven of the state witnesses drew pay for less than a week. Six defense witnesses did likewise.
    Eight defense witnesses were subpoenaed, but were not called to the stand. Five of this number were in attendance at the trial for 18 days. They were: Henrietta B. Martin, president of the so-called "Good Government Congress," and Banks' catspaw at the height of his agitation; Arthur LaDieu, another Banks aide, and under indictment for ballot theft; L. O. VanWegen, reputed "congressman" and aide of Mrs. Martin; P. M. Morrison of the Ashland district, and Amos C. Walker, deposed deputy sheriff.
    Other uncalled defense witnesses were: Suspended Sheriff Gordon Schermerhorn, 16 days; B. R. Harwood, 13 days, photographer, called to exhibit a picture he took at the front door of the Banks home, and J. A. Karkos, Grants Pass, four days.
    Defense witnesses present at the trial for its duration and called were: Mrs. May Murray and her daughter, Mrs. Effie Lewis; Abner Cox and John Wheeler, who all testified they were in front of the Banks home and saw the tragedy, and neither saw the other; Mrs. Ariel Pomeroy, a character witness, and May Powell, another threat witness.
    B. A. Boyce, Tolo district dairyman, who also testified to purported threats, was present 15 days; George E. Obenchain, eight days. He was a character witness.
    The state called three witnesses who did not testify, two remaining the entire trial. They were Mrs. Janet Guches and her husband, Chester Guches. Mrs. J. C. Barnes, another state witness, was present nine days.
    Called state witnesses present 18 days were: H. W. Conger, former coroner; Virgil Edington, Gold Hill youth, whose testimony that Banks had propositioned him to secure threat witnesses was not allowed, and Sam Carey, who testified that Abner Cox was in the Pacific Record Herald office and not at the scene of the crime, as he swore.
    In refutation of the defense threat claims and presence at murder scene, the state called, but did not use, John Millard, two days; John Peters, two days; Mrs. John Peters, two days; Mrs. Virgil Martin, two days; Jack Porter, two days, and Henry Florey, two days. F. M. Rodman, another state witness, not called to testify, was excused after nine days.
Medford Mail Tribune, May 25, 1933, page 1


    L. A. Banks, awaiting a life sentence, following his conviction by a Lane County jury of second degree murder, will appear in federal court at Portland in the involuntary bankruptcy proceedings launched against him by creditors next Thursday, June 1, according to Prof Geo. Schumacher, chemist, of this city.
    According to Prof. Schumacher, it will be necessary for Banks and Mrs. Banks both to appear, as both are involved, and inasmuch as the proceedings are involuntary on Banks' part, his presence will be required. The bankruptcy action, according to Prof. Schumacher, involves all the property under control of Banks in this state, including orchards, newspaper and home.
    Prof. Schumacher as one of the creditors was one of the original applicants for bankruptcy against Banks, and says it is "a very complicated matter."
    Preliminary moves have been held before Judge Alger Fee, who has the power to name a receiver after hearing and considering evidence.
Medford Mail Tribune, May 25, 1933, page 1


    Llewellyn A. Banks drew a life sentence, and his wife, Edith Robertine Banks, was acquitted Sunday, when the jury returned its verdict in their trial of Mr. and Mrs. Banks for the murder of Constable George J. Prescott, at Eugene.
    The jury found Banks guilty of second degree murder, which carries a mandatory life sentence, under the Oregon law.
    In a statement issued Monday, Banks said that he would appeal, and his brother-in-law, George Moran, of Cleveland, Ohio, declared that they had only begun the fight for Banks' freedom.
    In the meantime, steps are being taken to prosecute for perjury, four witnesses for the defense, who had testified that they were eyewitnesses to the shooting, that they had heard Prescott threaten Banks when he tried to enter the house, and that they had seen a gun drop from the officer's hand when he fell on the porch at the Banks home.
    The state consistently proved that there was no one besides the officers in the street near the Banks home at the time Prescott attempted to serve Banks with a warrant for his arrest in the matter of the ballot stealing last January. State witnesses also testified that the four self-styled eyewitnesses had been in far-distant places at the time of the shooting.
    Constable Prescott was shot to death last March 16 when he went to the Banks home with State Policeman O'Brien to arrest Banks. Mrs. Banks came to the door, which was secured with a chain, and refused to accept the warrant or let the officer in. Then Banks appeared, and with a sharp warning to Mrs. Banks, fired through the narrow opening to kill the officer.
    The trial has held the interest of the state for the past three weeks. It is the forerunner of several cases which are the outgrowth of the political turmoil in Jackson County since last fall. In a short time the ballot theft cases will be opened, involving about twenty residents of this county, most of them members of the Good Government Congress, organized by Banks.
Gold Hill News, May 25, 1933, page 1


    The report of Assistant Attorney General Ralph Moody's final speech in the trial of L. A. Banks in this newspaper was so brief, and so many readers have expressed a desire to have a more complete report of it, that the following extracts, particularly referring to the perjured testimony, are printed today:
    "With the reference to Prescott's alleged threats--and the seeing of the dropping of the pistol. Now who has testified about seeing the dropping of the pistol. Mrs. Powell in the restaurant hearing a conversation about bench warrants on the secret indictment that had not yet been returned--overhearing a conversation with George Prescott when he, at that time, was eight or ten blocks away, waiting on the grand jury. Here was Cox who said that he was up there and he saw Prescott drop that pistol. Now Carey, the former employee of Mr. Banks, said that Cox was with him when Mrs. Banks telephoned after Prescott was killed, and Cox left there with Jones--and he undoubtedly did. No fair and impartial person can rely upon the testimony of Walter Jones. It was manufactured and untrue, and no one better knows it than he and his attorney, T. J. Enright, and they both knew it was untrue before he took the stand.
    "May Murray and Effie Lewis. Now Mrs. Millard was at her house, out in her yard hanging out clothes, and she talked to May Murray there in the yard at the time that the police were going down after the crime had been committed--going on out--several blocks away. And Marjorie Hibbert, who had a room at May Murray's home, and her daughter's--what did she say? She saw May Murray and her daughter that morning, 15 minutes or so after the crime, and she saw May Murray and her daughter on their way out to the Banks home.
    "Whenever one gets into a lawsuit, he doesn't anticipate perjured testimony against him. And when it comes, it is a great surprise. One does not contemplate that persons will so forget themselves as to violate their oath and go on the stand and testify to an untruth, and when perjury makes its appearance, immediately the other side prepares to combat it. It was a surprise to the state that anybody saw a pistol, and so we investigated and we found out there about this lady, Miss Hibbert, and she was brought here. The only attempt to deny her testimony was by throwing out an inference--an improper inference. Well, her answers, and her conduct, and her ladylike deportment was sufficient to protect her, and Lonergan's questions were no reflection upon her--but they were upon him.
    "Now as to Wheeler, who said he was up there. Wheeler, in the first place, said he overheard a conversation between Prescott and a man that he didn't know. He had never seen him before, nor since--in which Prescott in that conversation threatened injury or harm to Banks.
    "Wheeler said that he was up there and went into the house. What does the evidence actually show? Here is Mr. Rogers on the stand, who said even as late as April--(Enright hadn't got around by then to make arrangements with Wheeler)--and here in April--April 16, 1933--Wheeler has a talk with Rogers and he told Rogers that he was at the court house when the crime was committed and that he afterwards went in the house--afterwards--Rogers said he didn't believe he ever went in the house--and I don't either. And here is the witness who saw him--Mr. Stephenson, who saw Wheeler standing at the court house as he went in and Mr. Stephenson went immediately to the district attorney's office, up one flight of stairs, and was notified of the death of Prescott within three minutes, and then thereafter Mr. Stephenson went out to Banks' residence and saw Mr. Wheeler apparently coming up and standing on the corner. Now, are you going to say that Mr. Stephenson and Mr. Rogers lied? Wheeler himself said he was in the court house that morning making arrangements for a loan to get some seeds. Now that's their witnesses. These are the witnesses that testified as to seeing Prescott drop his pistol, and how can any impartial person say that their testimony is true? In addition to that fact, each one of them said that they didn't see anybody ELSE ON THE STREET AT THAT TIME, AND EACH ONE OF THE FOUR SAID THAT THEY DIDN'T SEE ANYBODY ELSE ON THE STREET IN FRONT OF THE BANKS HOUSE AT THAT TIME, and yet I had them locate themselves on the map, and here I have two, May Murray and her daughter standing right in front, according to her own testimony--May Murray and her daughter, according to their testimony were standing right here, and John Wheeler was standing right there--none of THEM TWENTY FEET APART--AND YET EACH OF THEM SWORE THAT THERE WASN'T ANYBODY ELSE IN SIGHT BUT THEMSELVES. NOW CAN YOU BELIEVE THAT?
    "And here was the lady that testified, who lived right down here--she heard the shot--she stepped out in the yard and she looked up and down and she didn't see anybody, and said there wasn't a person around. Talk about any reasonable doubt--it is an insult to anybody's intelligence to say there is any evidence here to show that any one of these four perjured witnesses were at that place, or ever saw it.
    "Defendants' counsel ridiculed the idea that there are John Does to the indictment for stealing the ballots at the court house. A John Doe in an indictment is put there when the grand jury or the district attorney knows that there is an individual that participated in the crime, but don't know his exact name, and they put that in until they arrest him, when his right name is disclosed, and that is usual in many indictments.
    "You remember that there are a good many members of the Good Government Congress that were mixed up in this ballot stealing affair. And you also recall that several officers of the county were jointly indicted with these other people--members of the Good Government Congress. We had the sheriff and we had some of his deputies, and the county judge, and they were all up there and evidently took part in the burglary. However, that case is not on trial here, but that case will be tried in due time, so it necessarily follows that there are quite a few more members of the Good Government Congress who will soon find out who the John Does are for.
    "I said before something about Banks' knowledge of the secret indictment--his statement to Mr. Fleming, and his letter to the Rev. Belknap, both indicated he was advised of it, and of course the inference is very plain where he got the information. He got it from his particeps criminis--Judge Fehl. He was giving Banks all of the information--violating his oath of office as County Judge. Unfaithful to his trust, and communicating these facts to him. If Judge Fehl is the pure gentleman that counsel upon the other side wish to make him out to be, why did he disappear immediately on the morning of the murder, and keep himself in hiding under the guard and protection of his attorney, T. J. Enright? Why did Jones do the same thing?
    "Jesus had a traitor--Judas. Jackson County has got a traitor--it has its Judas--Earl Fehl--a man elected in that county as County Judge, who has the control of the county property, and the county court house, and who when being talked to confidentially in regard to the county affairs by the grand jury, violates his oath of office--unfaithful to his trust, and communicates the secret information received from the grand jury to the man that is being investigated. He compromises the grand jury and tells Banks he is indicted on a secret indictment with others for stealing the ballots so they cannot be recounted. Isn't that a Judas? Judas was not more vile.
    "And then we are referred here to May Murray and her daughter, and Mrs. Powell and Jones--and Wheeler, and they have their character in the Bible in Ananias. And they also have it in other history in Baron Munchausen. And that's what you have before you. You have a Cain--you have a Judas, and you have Ananias, and they are asking you ladies and gentlemen of the jury to take the word of people who compare to the characters I have referred to. I want to tell you one little piece of evidence in this case, that absolutely destroys every evidence of threat that the defendants have brought, and it comes from their own lips, and that is when Phil Lowd and Lee Bown went up to arrest Banks, after Mrs. Banks told them he would surrender--Phil Lowd entered the house first, and he was a friend of the Banks, and what was Mrs. Banks' first remark? "Thank God it wasn't you." Meaning that if it had been Phil Lowd that had come to that house with the warrant, "We would have killed him too." And didn't Banks say so on his journey from that house to the Josephine County jail when Phil Lowd asked him 'Supposing it had been Lee Bown or me--would it have happened to us?' It probably would."
Medford Mail Tribune, May 28, 1933, page 1


    EUGENE, Ore., May 30.--(AP)--Physicians caring for L. A. Banks, awaiting life sentence for murder (if his motion for new trial is not granted) say he will need an immediate operation for an inflamed prostate gland. He is also suffering from a severe condition of pyorrhea and general nervous and physical debility.
    EUGENE, May 29.-- (AP)--L. A. Banks, stormy petrel of Jackson County politics and convicted in Lane County circuit court of second degree murder in connection with the slaying of Constable George Prescott the morning of March 16, may go under the surgeon's knife within a few days, it was announced today by his physician, Dr. Orville Waller.
    Dr. Waller was appointed by Judge G. F. Skipworth to take charge of Banks when the convicted man was sent to the hospital following the three weeks' trial here.
    Sentencing of the aged man must await action of his attorneys in filing for a new trial. Judge Skipworth allowed 20 days for such action, the time being up June 10.
    Banks' condition was as good as could be expected today, his physician announced, but an operation appeared necessary. Judge Skipworth stated that any decision to operate rested with the physician.
Medford Mail Tribune, May 29, 1933, page 1


    The matter of whether Lane or Jackson County will pay for the keep of L. A. Banks, convicted of second degree murder for the murder of Constable George J. Prescott last March while defying arrest on a ballot theft warrant, rests with the attorney general's office, county officials said this morning.
    Banks went to a Eugene hospital last Monday. A physician appointed by the circuit court reported that the slayer was suffering from a "general breakdown," and threatened with a "recurrence of an old lung trouble." Jackson County has been advised that the expense is $5 per day for room rent, $1.50 for a special guard, who sleeps in the room with Banks, and extra for medical services he may obtain. Banks has been in the hospital a week today.
    The county court received the bills of alienists, state and defense, who testified at the trial, and cut the daily fee of $50 in two, making it $25 per day. Defense alienists testified that Banks was suffering from "transitory mania," which lasts from a "few seconds to 20 minutes," but that he was now sane. State alienists testified that "transitory mania" had been discarded by modern medicine as a theory upon which to base insanity.
    Attorneys for Banks were granted 20 days in which to file a motion for a new trial last Monday. His sentence and transfer to the state prison was generally supposed to be made when this was done. Legal opinions hold that sentence can be inflicted any time 48 hours after conviction.
Medford Mail Tribune, May 29, 1933, page 1


    Neither Lane County nor Jackson County are liable for the hospital bill of L. A. Banks, convicted slayer. Assistant Attorney General Ralph E. Moody conferred yesterday at Eugene with Lane County authorities, and this conclusion was reached. There is no law on the Oregon statutes providing for such a contingency.
    According to Lane County authorities, Charles F. Moran of Cleveland, Ohio, brother-in-law of Banks, agreed before his departure for the East that he would pay all medical bills, and it was upon this condition that the former local agitator, editor, and orchardist was removed from the Lane County jail to the Eugene hospital, where he has been since the day following his conviction. 
    Two leading surgeons of Lane County reported to the court that Banks was suffering from a glandular trouble that would require an operation. They held the operation was necessary, but not serious, and would require ten days in which to convalesce. At the end of this period Banks will be returned to a county jail cell to await further legal argument upon his attorney's motion for a new trial. Denial of the plea will mean his immediate commitment to the state penitentiary. The court granted the defense 20 days in which to prepare a motion for a new trial.
    Physicians also report that Banks is suffering from a general run-down condition, due to the strain of the trial and a light case of pyorrhea. He retains his steel nerve.
    A federal court hearing on an involuntary plea of bankruptcy filed by local creditors is scheduled for hearing before Federal Judge Alger Fee in Portland, starting tomorrow. Banks' appearance at the hearing is doubtful, but Mrs. Banks will probably be in court.
    The involuntary proceedings involve all the tangled financial affairs of Banks in this county, including numerous labor claims incurred in his orchard, newspaper, and mine operations.
    The federal court will be petitioned to name a receiver to take charge of the property.
Medford Mail Tribune, May 31, 1933, page 1


    Reports from Eugene Saturday stated that the operation for glandular trouble scheduled for Friday upon Llewellyn A. Banks, convicted murderer of Constable George J. Prescott last March 16 as the tragic climax of his months of local agitation, is delayed awaiting cash and orders from the slayer's kin, Charles F. Moran of Cleveland, Ohio.
    Banks' condition was reported as favorable and able to walk around the hospital grounds daily, under guard. The proposed operation is not regarded as imperative but as one that would improve Banks' general health. He is reported by two physicians as having an inflamed prostate gland, a slight lung infection, and a bad case of pyorrhea.
    The Eugene dispatch also reported that the Lane County sheriff desired Friday, when it became known that no operation would be held, to return Banks to the county jail. Physicians regarded his condition not such to warrant this.
    Both Lane and Jackson counties have refused to pay Banks' hospital bill, and there is no state law authorizing such payments. Moran, according to information given local authorities, guaranteed the bills before he left for the East ten days ago.
    Banks' motion for a new trial is scheduled to come up during the week of June 12. If the motion is denied, Banks will be ordered removed to the state prison at Salem to start serving a mandatory life sentence.
Medford Mail Tribune, June 4, 1933, page 1


    SALEM, June 5.--(AP)--Investigation of alleged perjury in the L. A. Banks trial at Eugene recently was asked in a letter today from Governor Julius L. Meier to Attorney General I. H. Van Winkle.
    The attorney general said he would probably appoint Ralph E. Moody, Medford attorney, to investigate and make any prosecutions regarding alleged perjury of witnesses at the trial of ex-editor Banks and his wife.
    Moody was in charge of the prosecution at the Eugene trial where Banks was found guilty of second degree murder of Constable George Prescott of Medford. Mrs. Banks was acquitted. At present Moody is in charge of prosecution of alleged ballot thefts in Jackson County.
    The action of Governor Meier in ordering a grand jury investigation of purported perjury charges in the Banks murder trial has been forecast since the case closed, and came as the result of a demand from all sections of the state, as well as this county, that the perjury charges be given a thorough airing.
    The presentation of the facts and evidence will be in the hands of Assistant Attorney General Ralph E. Moody, directed by the state of Oregon to prosecute all allied cases in the Banks-led Jackson County agitation, including the ballot theft cases, criminal syndicalism charges, and minor affairs--before and after the murder of Constable Prescott.
    The defense witnesses involved in the investigation are Mayor Walter Jones of Rogue River, indicted for ballot theft; Mrs. May Murray and Mrs. Effie Lewis, her daughter; Mrs. May Powell of the Talent district and Abner Cox, laborer and Banks cohort, and John Wheeler, Spring Street gardener.
    Jones testified that at the time of the shooting he was in an auto en route north, that his family drove him to Grants Pass, where he secured a ride to Portland with a salesman, whose name he did not learn. Jones also testified that on February 26, when arrested on an information charging ballot theft and confined in the city jail, he heard the slain officer and policeman Joe Cave conversing in the office of the city Jjail, and that both uttered threats against Banks.
    The state introduced evidence to show that neither Prescott nor Cave were on duty during the hours Jones alleged he heard the conversation, and Sam Carey testified he was at the door of the Pacific Record Herald building on Sixth Street when the report of the killing was received, and not on the way north. A state witness testified that Jones and Abner Cox left for the Banks home together. Corroborative testimony since reported shows that a number of people saw them walking towards the murder spot, and at the Banks home after the slaying.
    Mrs. May Murray and her daughter testified that they were in front of the Banks home when the tragedy occurred, heard Prescott utter a threat accompanied by a vile oath, heard the shot, and saw a pistol drop from Prescott's hand. Following this thrilling happening the two testified they proceeded on their mission of inspecting a house on Columbia Street.
    The state showed by the testimony of Mrs. John Millard that at the time of the shooting Mrs. Murray was talking to her, in her backyard, and by Miss Marjorie Hibbert, a roomer in the Murray home, that the two were walking towards the Banks home on Sixth Street after the news of the murder had spread throughout the city.
    John Wheeler, gardener and former Banks employee, testified that two or three days after the sale of the News he heard Prescott make a death threat against Banks, at the Medford National Bank corner. The News sale occurred the day before the killing, and the state contended Prescott was dead when Wheeler testified he made the threat.
    Wheeler testified also that he was at the Banks home, outside, when the murder occurred, heard threats and the shot, and saw a pistol drop from Prescott's hand. The state introduced witnesses to show that Wheeler was in the court house at the time of the shooting. Wheeler testified he went into the Banks home after the slaying, but neither Banks nor his wife mentioned it in their testimony. Wheeler, following his testimony, was taken ill with a heart affliction, and was unable to take the stand in rebuttal.
    May Powell testified that the day before the murder she was in Nandie's Cafe between three and half past three o'clock and heard Prescott make threats against Banks, and that he carried warrants for arrest for ballot-theft.
    The state, by witnesses, showed that the indictments were not returned until two hours later that date, that it was therefore impossible for Prescott to have them, and also showed that Prescott was in the courthouse waiting to be called before the grand jury at the time Mrs. Powell testified she saw and heard him.
    Abner Cox testified that he was at the scene of the shooting, and also heard threats by Prescott, heard the shot, and saw a pistol drop from the hand of the slain officer.
    The state introduced a witness to show that Cox was in the Pacific Record Herald building at the time of the shooting and left for the Banks home with Walter Jones, after it occurred.
    Wheeler, Cox, May Murray, and Effie Lewis testified as eyewitnesses of the murder, but claimed none saw the other, though according to marks made on the state exhibit map they were within a short distance of each other, according to their sworn word.
    Edith Robertine Banks, co-defendant in the murder charge, testified positively under cross-examination that she heard Prescott make no threats, or "utter a word." The four witnesses testified they heard Prescott threaten Banks.
    Mrs. Effie McCuiston, residing across the street from the Banks home, testified she was working on her lawn, heard the death shot, instinctively looked towards the Banks home, and saw no one on the sidewalk.
    May Murray and her daughter, Effie Lewis, testified that they had rehearsed their testimony "four or five times" to attorney T. J. Enright.
    Under Oregon law, two corroborative witnesses are required in perjury charges. The state claims it has ample testimony in this respect.
Medford Mail Tribune, June 5, 1933, page 1


    Among the many falsehoods being distributed over the county by leaders of the so-called Good Government Congress is the statement that "If the ballot cases are tried there will be no money for schools this year." The congress leaders are resorting to every hook and crook to prevent justice in these cases being carried out, and this absurd report is only one of many.
    The expense of the ballot cases will not affect the schools in any way. In fact, no general expenses can affect the schools. According to the state constitution, sustained by the courts many times, and only a few days ago in Washington County, school funds come before everything, even before the state taxes. School funds are neither subject to diversion nor to delinquency.
    In other words, the schools have by law the first claim to tax money and the schools can only be deprived of funds allotted them if there are no taxes paid.
    County school authorities, as well as county officials, are thoroughly aroused over this effort to injure the schools, in the vain hope of obstructing justice, and pointed out today that not only are ample funds available for all county schools, but to date since May 15 the following funds have been paid out through Superintendent of Schools Bowman and County Treasurer Walker
Medford Mail Tribune, June 5, 1933, page 1


    Surrounded by officers and members of the so-called Good Government Congress at the Southern Pacific depot this forenoon, Mrs. Llewellyn A. Banks and daughter Ruth Mae left for Eugene, where Mr. Banks is a patient in the hospital.
    While Mrs. Banks and her "Good Government" friends were at the south end of the station. Mrs. May Murray and daughter Effie Lewis, formerly closely allied with the organization, stood at the north end of the platform. They refused to reveal their destination, but it was reported they were also going to Eugene. Neither Mrs. Murray nor Mrs. Lewis spoke to the group with Mrs. Banks, although they all boarded the same car.
    Included among those at the station with Mrs. Banks and daughters were Mr. and Mrs. Claude Ward and daughter Margaret, attorney Wm. E. Phipps, attorney Thomas J. Enright, Mrs. Henrietta B. Martin, president of the Good Government organization; her father, C. H. Brown, secretary of the "congress," and wife; Arthur LaDieu, formerly business manager of Banks' newspaper; A. J. Bischoff, formerly bookkeeper for Banks, and Mayor Walter J. Jones of Rogue River.
    Mrs. Banks wore a black silk knitted suit, small black hat and fur neckpiece.
    Mrs. Martin was attired in a light blue ensemble with hat to match, and brown oxfords and mesh hose. She kept up a steady conversation with Mrs. Banks before the latter got on the train and when standing in the crowd of passengers whispered in her ear.
Medford Mail Tribune, June 6, 1933, page 1


    Assistant Attorney General Ralph E. Moody, now engaged in the prosecution of the ballot theft cases, has been assigned by the governor to conduct the Lane County grand jury probe of perjury claims growing out of the testimony of half a dozen defense witnesses in the L. A. Banks murder trial in Eugene.
    Presentation of facts and evidence to the Lane County grand jury will start as soon as the present pressure of court business is lessened.
    Defense witnesses whose testimony is expected to come under scrutiny are: Walter Jones, indicted mayor of Rogue River; John Wheeler, Spring Street gardener; Abner Cox, laborer; May Murray and her daughter, Effie Lewis, and May Powell of Talent.
    All testified they heard the slain constable, George J. Prescott, make threats against the life of L. A. Banks, and four--Cox, Wheeler, Mrs. Murray and Effie Lewis--that they were in front of the Banks home when the shooting occurred and heard Prescott utter threats, and saw a pistol drop from his hand as he crumpled mortally wounded on the porch.
    The state refuted the "eyewitnesses," by testimony tending to show they were from four to six  blocks away at the time. Wheeler testified he heard Prescott make a threat against Banks at the Medford National Bank corner, at a time when Prescott was dead. Witnesses were called to show that Wheeler was in the courthouse at the time of the slaying.
    Evidence was also introduced to show that the bench warrants had not been issued when Mae Powell testified she saw them in Prescott's hand and further, he was in the court house awaiting the grand jury call when she testified she heard him make threats.
    Jones testified that while confined in the city jail, he heard Prescott and Joe Cave utter threats against Banks. Testimony introduced showed that neither Cave nor the slain officer were on duty, or present, as Jones claimed.
Medford Mail Tribune, June 7, 1933, page 1


    Six days additional time for filing a motion for a new trial in the case of L. A. Banks, convicted of murdering Constable George J. Prescott, has been granted Banks' attorneys, Judge George F.  Skipworth of Eugene said Tuesday.
Gold Hill News, June 15, 1933, page 1


    EUGENE, June 21.--(AP)--Irregularities in court proceedings, errors of the court in admitting certain evidence, misconduct of the state's chief attorney and insufficient evidence to warrant the verdict are alleged in a motion for a new trial of Llewellyn A. Banks, convicted of the second degree murder of Constable Prescott of Medford, filed in circuit court today by Charles A. Hardy and Frank J. Lonergan as attorneys for Banks.
    Among irregularities of court proceedings, the defense attorneys claim that Mrs. Thomas Bailey, who acted as one of the jury bailiffs in the case, continued to appear with and have bailiff supervision over the jury after the jury had retired, notwithstanding that she had not been sworn as a bailiff to have charge of the jury during its deliberations. It is further charged in an affidavit sworn to by Banks and attached to the motion that Mrs. Bailey while acting as bailiff in the presence of the women jurors made statements derogatory to the defendant.
    Misconduct of the state is alleged by the defense attorneys in that Ralph E. Moody, chief prosecutor, while addressing the jury in open argument, turned to the defendant Banks and addressed unprofessional, bitter and personal remarks to the defendant, which were excepted to by the defendant's counsel and exceptions denied by the court.
    Errors in law are claimed in the admission as evidence of a .32-caliber revolver, said to have been found in the home of Banks; shells for the revolver; a holster and belt alleged not to be connected with the defendant and found many hours after his arrest; loose shells for an automatic pistol found at the home of the defendant hours after his arrest.
    Further alleged errors in law were enumerated in the motion.
Medford Mail Tribune, June 21, 1933, page 1


    L. A. Banks, who was convicted of the murder of Constable George Prescott, in a trial at Eugene last month, has filed a motion for a retrial, on the grounds of irregularities in court proceedings, and errors in law, misconduct of Prosecuting Attorney Moody, and insufficient evidence to warrant the verdict of guilty.
    Banks is still in the Pacific Hospital at Eugene, recuperating from a recent operation. He will be there three or four days yet, physicians say. Mrs. Banks is in Eugene, also.
Gold Hill News, June 22, 1933, page 1


    EUGENE, July 21.--(AP)--An order from Judge G. F. Skipworth was filed in circuit court here today granting Llewellyn A. Banks, convicted slayer of George J. Prescott, Medford constable, 30 days additional time to tender and file a bill of exceptions.
    Judge Skipworth is in Klamath Falls conducting the Jackson County ballot theft cases, but sent the order to Eugene.
    Banks is still held in the Lane County jail awaiting sentence following his conviction of second degree murder here in mid-May.
    Time for filing a bill of exceptions would have expired tomorrow, 60 days after conviction. Formal passing of the mandatory life sentence upon the former local agitator would then of [omission] come. The additional time grants another stay from sentence, after which would come admission to the estate prison.
    Banks was found guilty of second degree murder on May 22 and has been held in the Lane County [jail] since, with the exception of several weeks in a Eugene hospital from a minor operation. Banks was charged with the wanton slaying of Constable George J. Prescott on March 16, when the officer was endeavoring to serve a warrant in connection with ballot theft at Banks' home.
    Mrs. Banks is in Eugene, and is reported as a daily visitor to her incarcerated husband. Banks is reported as in excellent health, and gaining weight on jail fare and confinement.
    By employing every recourse of the law, and legal technicality, Banks has succeeded in staving off entrance to the penitentiary.
    A motion for a new trial is also pending. Allegations in this plea were that Assistant Attorney General Moody, in his closing address, called him "a coward hiding behind a woman's skirts"; that a woman bailiff was unfavorable to him, and that the press was prejudiced against him and his crime.
Medford Mail Tribune, July 21, 1933, page 1


    KLAMATH FALLS, July 29.--Orders were issued Saturday by Assistant Attorney General Ralph E. Moody to Sheriff Tom E. Swarts of Lane County that hereafter, Llewellyn A. Banks, convicted slayer of Constable George J. Prescott, be confined in the Lane County jail at Eugene, and not allowed any liberty, except upon an order of the court.
    Information came Friday to the assistant attorney general that Banks was allowed to walk around the university city with his wife, and shown other exceptional considerations for a convicted slayer.
    Sheriff Swarts, according to the authorities, permitted Banks to enjoy liberty privileges upon the recommendation of his doctor, who said his health would be impaired if too closely confined.
    Complaint was made by citizens of Eugene that Banks was walking around the streets of that city.
    Reports have come to Medford and Jackson County at various times, since his conviction of the slaying of Constable Prescott, that he was allowed to play golf and attend wrestling matches.
    No confirmation of the reports have been available until Friday.
Medford Mail Tribune, July 30, 1933, page 1


    EUGENE, Aug. 38.--(AP)--Titled "Weighed in the Balance," and dealing with the principles of government and the trends of national events, a book written by Llewellyn A. Banks has come from the press.
    Soon after he was convicted on a second degree murder charge for the slaying of a Medford constable as the climax of a political embroilment in which he was the ringleader, Banks announced he would write a book. He was formerly editor of the Medford News and operator of orchard tracts.
    "Weighed in the Balance" has no reference to the factional disturbance which rocked Jackson County, nor any mention of Banks' implication in this trouble.
    The author describes it as a treatise on national events, showing the trend of a nation from democracy to dictatorship and from Christianity to paganism.
Medford Mail Tribune, August 3, 1933, page 5


    L. A. Banks, former Medford publisher who was convicted for the murder of Officer Prescott of Medford, and who has been supposed to have been confined to the Eugene jail pending his appeal for a new trial, has been enjoying too many liberties, according to Ralph E. Moody, assistant state attorney general, who acted Monday morning to curtail the murderer's liberties.
    Reports have been percolating through grapevine channels for several weeks that Banks was given unusual liberties. One report was that he had been seen on the Eugene golf course, enjoying a pleasant game of golf with some associates, apparently without any worry about the life sentence that was meted to him or without any restrictions, despite the fact that he is a convicted murderer.
    Another report was that he had been seen frequently driving about the city in company with his wife, and attendants of course who always went with him, and another that he had been allowed to attend moving picture shows.
    Prosecutor Moody Monday morning phoned to Sheriff Swarts of Lane County, notifying him that Banks must be kept in the jail without being given these unusual liberties unless he was given a court order to do so. The sheriff is reported to have stated that he had extended these liberties to Banks upon the statement of a physician that Banks would probably go insane if cooped up constantly in the jail cell.
    Despite this, Prosecutor Moody informed the sheriff that he had no right to extend this freedom and these liberties unless such was approved by the court. The indication is that hereafter no grapevine reports concerning these antics will be heard here.
Gold Hill News, August 3, 1933, page 4


To the Editor:
    Can you tell me, and a group of my friends, why it is that L. A. Banks, who shot and killed George Prescott last March, over four months ago, is still out of the penitentiary, writing books, receiving guests, playing golf, motoring and enjoying pleasant walks on the streets of Eugene, while Earl Hanscom, who unintentionally killed a friend in a drunken brawl several months later, and the two kids who killed a traffic officer near Grants Pass only a few weeks ago, should all three be in the penitentiary serving life terms. Is this justice, is this fair? The murder of poor George Prescott was threatened, premeditated and carried out in cold blood, according to a prearranged plan, but these other murders were committed on the spur of the moment in the heat of passion, or the result of a brain disordered and poisoned by moonshine. Yet the man guilty of the most hideous crime is practically a favored guest of the city of Eugene, while the others are in the pen for life, where they belong? Who is to blame for this "miscarriage of justice?" Who is responsible for this disgrace to the great state of Oregon? I would like to know. And I am sure there are hundreds of others who would like to know. I think you would render a genuine public service if you would throw some light on the question.
    As we see it, there are two reasons for this situation, The first is our accepted form of criminal procedure. The second is the different environment surrounding the four defendants.
    The defendant Hanscom, unlike Banks and the two Grants Pass gunmen, pleaded guilty to the charge of murder in the second degree. Such a plea of course, eliminated any trial, and gave the court NO OTHER COURSE than to promptly pronounce sentence.
    The two youthful gunmen pleaded not guilty, but were given prompt trials, found guilty, and being without money, influential friends or political standing, were immediately on their way to Salem.
    L. A. Banks was convicted of murder on the 21st of May--nearly two months and a half ago. He was fortunate in having wealthy relatives, two of the best criminal lawyers in the state, and influential friends in high places.
    Money and political influence worked for him during the trial, and have been working for him ever since. Every legal technicality to delay sentence was taken advantage of, every wire was pulled, to give him privileges and comforts which to a less fortunate individual would have been denied. There is nothing so unusual in this. If a survey of crime in this country were made, it would undoubtedly be found this is typical of American jurisprudence as a whole.
    It is wrong, of course. There should be one law for all--rich and poor, powerful and the weak--but as an actual fact there isn't.
    What can we do about it! Nothing but what has been frequently pointed out in this column--for the people to demand radical changes in the form of their criminal procedure, and keep on demanding it.
    Public opinion can remedy such a situation, and nothing else can. Our entire system needs a thorough house cleaning--a complete and far-reaching reformation.
    Every individual found guilty of a crime after a fair trial should be promptly sentenced, and regardless of whether he has or hasn't money or friends should be given the same treatment as every other criminal. The entire business of criminal jurisprudence should be weeded out, speeded up, and instead of being designed as it is now to PROTECT THE CRIMINAL, SHOULD be designed to protect society--to protect the people who are the victims of crime.
    When this is done we will not suffer such abuses as our correspondent quite properly calls attention to. Until it is done, we will.
Medford Mail Tribune, August 4, 1933, page 10


    Llewellyn A. Banks, convicted of murder in the second degree and now awaiting sentence in Lane County prison, has written a book. This was better employment than brooding darkly. It lifted the mind of the prisoner out of the abyss, and though in all likelihood the volume is not a great contribution to letters its preparation was important to the well-being of the author. And to his credit it should be said that the book does not treat of his own troubles.
    Yet the obsession which drove Banks the editor to murder, until he became Banks the criminal, is evident in the brief review of this work that thus far has been afforded us. From his cell, as he did in the sunlight when he was free, Banks believes he perceives the world to be decadent and doomed. The messianic delusion persists, we may safely assume. And how the author reconciles his own disregard for authority and order, which culminated in the worst of crimes, with his opinion that he alone knows what is amiss with humanity, does not appear. These zealots that deal in confused and epithetical generalities, assailing things as they are on the theory that whatever is is wrong, do not regard themselves as under the least obligation to be logical. For illogic to them is logic of the first water, lucent, irrefutable. Thus Banks in his book, as in his sad life.
    The book is called "Weighed in the Balance,'' meaning of course that our civilization has been weighed and found wanting. Poor fatuous scribbler. There is much amiss with the world, and a deal that might easily be righted, but it wasn't the world that was weighed and found wanting. It was the zealot who, without sufficient intelligence, or the requisite information, convinced himself that he was a man with a mission, and drummed up a following of unwisdom, and pursued his conceit to an end bitter as gall and wormwood. Words were the undoing of Llewellyn A. Banks. The orotund, ponderous sound of them.--Portland Oregonian.
Medford Mail Tribune, August 7, 1933, page 4


    L. A. Banks, convicted slayer of Constable George J. Prescott, March 16, will be sentenced Friday morning at 9:30 o'clock, in the Lane County courthouse, by Circuit Judge George F. Skipworth.
    Banks was convicted of second degree murder, and the penalty is life imprisonment.
    Two criminal libel, two criminal syndicalism and a ballot theft indictment against Banks in the circuit court were ordered dismissed by the court, upon motion of Assistant Attorney General Ralph E. Moody.
    Banks, in the ordinary course of procedure, will be "dressed in" at the state prison early Friday afternoon. Eugene is 72 miles from Salem, and prisoners are taken from Lane County by auto, upon infliction of sentence.
    Friends in this city state that Mrs. Banks, who has been in Eugene since her husband's conviction May 22, will make her home in Salem in the future, after a short visit in California.
Medford Mail Tribune, August 9, 1933, page 1


    Bills for the trials of L. A. Banks and Earl H. Fehl were received this morning by the county clerk from Klamath County and Lane County. Banks was granted a change of venue to Lane County, on a murder, and Fehl to Klamath County on a ballot theft conspiracy charge. Both were convicted.
    Cost of the Fehl trial at Klamath Falls, which does not include costs incurred in the preliminary maneuvering, total $4749.25 [about $115,000 in 2025 dollars]. It is estimated the amount will be increased when all the bills are in.
    The trial of Banks at Eugene cost $5,699.35 [about $135,000 in 2025 dollars]. The only remaining bill is for Banks' board while held in Lane County, which cannot be filed until he is removed.
    In both trials, the chief item of expense was witness fees and mileage.
    It is estimated that the total trial cost of all the cases resulting from Banks-Fehl agitation will aggregate between $25,000 and $30,000. It is conservatively figured that the four ballot theft trials here will cost $3000 each.
    An itemized account of the Fehl trial, as submitted by Klamath County, is:
    Attorneys' fees, T. J. Enright in Brecheen, Martin and Croft cases, $150.
Medford Mail Tribune, August 10, 1933, page 1


    Llewellyn A. Banks, convicted of murder in the second degree and awaiting sentence in Lane County prison, has written a book. This was better employment than brooding darkly. It lifted the mind of the prisoner out of the abyss, and though in all likelihood the volume is not a contribution to letters, its preparation was important to the well-being of the author. And to his credit it should be said that the book does not treat of his own troubles.
    Yet the obsession which drove Banks the editor to murder, until he becomes Banks the criminal, is evident in the brief review of this work that thus far has been afforded us. From his cell, as he did in the sunlight when he was free, Banks believes he perceives the world to be decadent and doomed. The messianic delusion persists, we may safely assume. And how the author reconciles his own disregard for authority and order, which culminated in the worst of crimes, with his opinion that he alone knows what is amiss with humanity, does not appear. These zealots that deal in confused and epithetical generalities, assailing things as they are on the theory that whatever is, is wrong, do not regard themselves as under least obligation to be logical. For illogic to them is logic of the first water, lucent, irrefutable. Thus Banks in his book, as in his sad life.
    The book is called "Weighed in the Balance," meaning of course that our civilization has been weighed and found wanting. Poor fatuous scribbler. There is much amiss with the world, and a deal that might easily be righter, but it wasn't the world that was weighed and found wanting. It was the zealot who, without sufficient intelligence, or the requisite information, convinced himself that he was a man with a mission, and drummed up a following of unwisdom, and pursued his conceit to an end bitter as gall and wormwood. Words were the undoing of Llewellyn A. Banks. The orotund, ponderous sound of them.--Oregonian.
Gold Hill News, August 10, 1933, page 2


    EUGENE, Aug. 14.--(AP)--The stormy career of Llewellyn A. Banks, former Medford publisher and orchardist, who once ran for U.S. Senator from Oregon, entered upon its penitentiary episode today as the elderly man was sentenced to life imprisonment for the slaying of Constable George Prescott, Jackson County officer.
    Banks was sentenced in Lane County circuit court this morning by Judge G. F. Skipworth, the term being mandatory following the verdict of second degree murder returned by a Lane County jury several weeks ago.
    The defense attorneys immediately served notice of filing an appeal and were given 60 days to file exception briefs. Frank Lonergan, chief defense counsel, indicated he would file on September 20.
    Meanwhile Banks must be incarcerated in the state penitentiary at Salem pending filing of the briefs. In the event the appeal is granted he will be returned to the county jail here. He was taken to Salem this morning by Sheriff Tom Swarts, leaving at 10:20.
    Sentencing to life imprisonment of the former local agitator writes "finis" on another chapter, closing the Jackson County turmoil, which he spawned and fostered. at such heavy cost--financially and  otherwise--to himself and this county.
    Banks was taken to the state prison this morning, where he will join two of his chief lieutenants in the commotion that proved his downfall. He will find other "lifers" from this county behind the gray walls--including the three DeAutremont brothers, Pat Donohoe, a habitual criminal, Albert W. Reed of Denver, sentenced for slaying of an Ashland policeman, and a score of former Jackson County residents serving time for lesser felonies.
    Banks, it is said, will be subjected to the same rigid rules as other convicts, and extended no special courtesies. As a "lifer," and in accordance with prison custom, he will however be accorded whatever slim comforts a penitentiary allows, such as the sunniest cell, the choice seats at the table, and the proffered jobs, if he behaves himself. Banks enters prison at the age of 62 years.
    Banks came to the Rogue River Valley ten years ago and purchased orchard property. In 1928 he purchased a newspaper and entered polities, under the easy terms of the Oregon primary laws. He ran for United States Senator, receiving 30,000 votes. This whetted his appetite for politics, and he used his own newspaper as a publicity medium. Then came a meteoric but short career, in which his talents were devoted to attacks upon and destruction of the established order of things.
    Joining forces with Earl H. Fehl, now under four-year sentence for ballot theft, he lashed this ordinarily placid and prosperous county into a fury of hate and bitter prejudice. His mad course was climaxed March 16 last, when he murdered Constable George J. Prescott, while standing on the Banks front porch. He was arrested, tried and convicted in Lane County, and since May 22 has been waiting for transfer to the state prison.
    Banks at one time was rated a wealthy man. Most of his fortune was dissipated by poor judgment and policies. His holdings are now in federal bankruptcy proceedings, awaiting adjustment for settlement of debts.
    Banks last winter staged several demonstrations at the courthouse, and was one of the chief organizers of the self-styled "Good Government Congress." His last public appearance was last March, when he stood on the courthouse steps and declared "I will take the field in revolution." On the night of the ballot thefts Banks spoke twice--the last time holding up a fountain pen, with a match in the clip to signify a "cross," upon which he was being "crucified."
Medford Mail Tribune, August 14, 1933, page 1


    SALEM, Aug. 14.--(AP)--At 12:10 o'clock this noon the Oregon penitentiary gates swung shut behind L. A. Banks, ex-Medford publisher and orchardist, who was this morning sentenced at Eugene to life imprisonment for the killing of Constable George Prescott at Medford.
    Prescott was killed on the threshold of Banks' home while attempting to serve a warrant for the arrest of Banks. A bullet fired through the door tore its way into Prescott's heart.
    Banks, who for several years was the stormy petrel of Jackson County political turmoil, became number 12,697 and commenced unloading hog fuel, the usual job for newcomers.
    State Policeman H. W. Howard and Sheriff C. A. Swarts of Eugene escorted Banks through the yard and into the main office. The ex-editor wore a gray suit and a hat to match.
    He smiled when greeted by Warden J. W. Lewis and appeared cheerful. He was amiable on the trip from Eugene, reported Sheriff Swarts.
    "I have been reading about you in the papers," said Warden Lewis.
    "Yes, sometimes the papers tell the truth and sometimes they don't," replied Banks.
    "I have no statement to make," he told newspapermen, but he cheerfully answered their questions.
    "Yes, I plan to do some writing if I get a chance. Of course I realize I will have some work to do here," Banks said.
    After being dressed in, he said goodbye to the Lane County sheriff and invited him to come and see him some time at the penitentiary.
    "Banks told me it was 'a new experience' for him while we were coming here." said Sheriff Swarts. "He appeared as excited as a kid going to a circus. He said that tomorrow will be his 63rd birthday."
    From the moment their car approached the penitentiary Banks interestedly observed the station at the outer entrance and in turn scrutinized every aspect of the panorama. His interest in his surroundings did not subside inside the receiving ward, but he was courteous to prison officials and prompt to obey instructions.
    Swarts said Banks told him that Mrs. Banks would remain in Eugene.
    In case of an appeal from his trial it would be optional with Banks as to whether or not he remained in the penitentiary pending its outcome, though it was considered improbable that he would.
Medford Mail Tribune, August 14, 1933, page 1


    SALEM, Aug. 19.--(AP)--Mrs. L. A. Banks of Medford, whose husband was received at the state penitentiary recently to serve a life term for the murder of Constable George Prescott of Jackson County, has arrived in Salem, where she will spend a few days.
    Friends of Mrs. Banks said she might locate here permanently.
Medford Mail Tribune, August 20, 1933, page 1


    The county audit completed this week has revealed that the sheriff office "mishandled" accounts to the extent that 50¢ cannot be accounted for, and that the clerk's office is short five cents in the three-year period covered by auditor Haines. The check of records covers all offices and funds, and shows that the total amount handled for the three-year period was $5,472,259.38.
    It cost Jackson County $2500 to find out that her officials kept careful records, in spite of repeated rumors to the contrary. Serious allegations had been made by L. A. Banks and former County Judge Earl H. Fehl that the funds of the sheriff and clerk's office were "mishandled," and their hints and veiled accusations gained such strength in the rural districts that the audit was finally ordered to clear up the situation.
    The opening paragraph of the 153-page report reads:
    "I hereby certify that in my opinion, with the exception of minor errors, discrepancies, and omissions reported hereinafter, all monies collected during the three years ending December 31, 1932 for taxes, fines, and bail forfeitures, fees, licenses, amounts due from other incomes have been deposited with the county treasurer in accordance with statutes in effect, and have been disbursed on authorized vouchers, or remain on hand."
    Auditor Haines further stated, "In my opinion, the discrepancies found are no different than those to be found in any other counties, and not as bad as in many."
    Auditor Haines further said the "errors, discrepancies, and omissions" were "clerical errors," such as appear in any business, and could be easily rectified.
    The report contains no sensational or unusual matter, and none of the charges and accusations hurled by Earl H. Fehl and L. A. Banks against the handling of county affairs are supported in the audit. Fehl in "congress" meetings in rural areas frequently voiced serious accusations, and Banks repeated them in his newspaper.
    The report shows that the sheriff's office under Ralph G. Jennings handled $1,444,686.03 during the three years period, and the recorded cash receipts of the office show a 50-cent shortage. Fehl and Banks hinted in their allegations that the sheriff office funds were "mishandled."
    The clerk's office, another point of veiled attack by Banks and Fehl, handled $18,858.39. The audit shows the clerk's accounts were off a nickel during the regime of Delilia Stevens Meyer.
    The audit shows that the county offices handled in 1932 the sum of $1,432.361.07; in 1931 the sum of $1,929,187.98 and in 1930 the sum of $2,110,710.33. The total amount for the three-year period was $5,472,259.38.
Gold Hill News, August 24, 1933, page 1


    Three demurrers filed in the civil action of the Columbia Paper Company for the collection of approximately $3100 from L. A. Banks and 36 other fruitgrowers belonging to the Medford Pear Association, a Banks organization, was overruled by Judge H. D. Norton.
    Defendants in the action are represented by attorneys Gus Newbury, W. E. Phipps, and Porter J. Neff, and the paper company by attorneys Geo. M. Roberts and William McAllister.
    Other motions and filings in the action, which is expected to come to trial at the next term of court, were discussed and disposed of.
    The action is based upon the alleged purchase of packing paper, later turned over to Banks. Some of the defendants were directors and some members in the pear organization. A note was signed by the directors and Banks. It is the position of the others that this action does not bind them.
    The directors of the organization are listed as W. B. Barnum, H. H. Boyer, C. H. Gile, C. T. Taylor, Dr. F. G. Swedenburg and L. A. Banks.
    Banks, former local agitator, is now serving a life sentence in state prison for second degree murder, and the Medford Pear Association was one of his projects.
    Others listed as defendants are: W. H. Arnold, C. R. Chapman, A. H. Clements, Claude Ward, H. Coghill, I. A. Dew, C. H. Hofbeck, Theodore Heimroth, W. U. Hover, C. W. Isaacs, Walter J. Jones (Rogue River); Louis Lofland, J. M. Nary [McNary?], W. H. Norcross, Frank Ovelman, Harry Pellett, C. G. Speaker, Roy Ulrich, J. M. Wagner, Chris Wolf, O. B. Morrow, Charles D. Stacey, Gilbert W. Hill, Frank Bartch, W. C. Ganaway, Chris Gottlieb, P. E. Gerber, W. Miles, A. P. Whitney, W. F. Habicht, R. E. Sweeney, R. A. Skinner, and J. H. Darby.
Medford Mail Tribune, September 6, 1933, page 5


    The county court yesterday paid to Lane County the final bill for the board of L. A. Banks, former local agitator and murderer, now serving a life sentence in state prison. The bill amounted to $64.10 and was for the period from August 1 to August 13. Banks was tried and incarcerated in Lane County on a change of venue.
    Hearing on the cost bills filed against Banks, Earl H. Fehl, Walter J. Jones, J. Arthur LaDieu and Gordon L. Schermerhorn by Jackson County for the cost of their trials for murder and ballot theft will probably be held the end of the month. Assistant Attorney General Moody will be here September 20 to close up the cost bill details, preparatory to presentation to the court for decision.
    The trials cost Jackson County more than $25,000, and the actions taken under Oregon law are to recover as much as possible to lessen the turmoil expense.
    All the defendants have filed objections to the cost bills.
Medford Mail Tribune, September 13, 1933, page 2


    SALEM, Sept. 19.--(UP)--Llewellyn A. Banks and Earl Fehl, once political colleagues in stormy Jackson County affairs, were separated as cellmates at the Oregon state penitentiary, it became known today.
    When Banks, former militant editor of the Medford Daily News, and Fehl, militant editor of the Pacific Record Herald and Jackson County judge, started serving terms in prison they were placed in the same cell. They were later separated because they were unable to agree as well at Salem as they did at Medford, it was unofficially reported.
    Prison Warden James Lewis said separation of the two was a routine matter, and their assignment to the same cell was not meant to be permanent. Banks now rooms with Arthur LaDieu, who served under him as business manager of the Medford News. Fehl is alone. All are said to be well behaved.
    Banks, former orchardist and candidate for United States Senator, is serving a life sentence after conviction of second degree murder of Constable George Prescott at Medford. Fehl and LaDieu, with several others from Jackson County, are serving four-year terms for theft of ballot boxes from the courthouse.
Medford Mail Tribune, September 19, 1933, page 1


    Gilbert W. Hill, orchardist, has filled an answer to the suit of the Columbia Paper Mills against L. A. Banks and 28 others, named with Hill as defendants in the action. Hill asks that the case be dismissed, and that he receive costs. In the neighborhood of $3000 is sought. Hill is represented by attorney W. G. Trill.
    Demurrers to the suit were filed last week by W. H. Arnold and other defendants.
    Hill was a member of the Pear Growers' Association, one of Banks' numerous organizations. Wrapping paper was purchased from the paper concern and turned over to Banks for use in his own orchards, it is claimed.
    Purchase of the paper was through the Pear Growers' Association directors, of which Banks was one. Other members, through counsel, hold that the acts of the directors or other officials is not binding upon them, that they received no value from the transaction, and still contends that he had nothing to do with the purchase, and knew nothing of it.
Medford Mail Tribune, September 19, 1933, page 5


    Word has been received by local authorities that Llewellyn A. Banks, former agitator serving a life sentence in state prison at Salem for second degree murder, after the usual 30 days' observation of criminals has been assigned to the prison laundry.
    Banks, during the first month of his imprisonment, was detailed to various tasks while becoming accustomed to prison regulations, and while prison authorities determine the occupations their temperaments best fit them for.
    The prison laundry employs about 26 convicts and is under constant guard. Hugh DeAutremont, Siskiyou tunnel bandit, also serving life, now on his seventh year of confinement, was a prison laundry worker until he was removed for his part in an attempted prison break over a year ago. DeAutremont is now confined in the disciplinary barracks. All the prison washing is done in the laundry.
    E. H. Fehl is a member of a cell wing cleaning crew. Wesley McKitrick, "Captain of the Banks Guards," sentenced to a year for a guilty plea to ballot theft, is cook's helper. Tom L. Brecheen of Ashland, who pled guilty and was given 18 months, has a door-tending job, and J. Arthur LaDieu, former business aide of Banks and cellmate of his former employer, is doing clerical work.
Medford Mail Tribune, September 28, 1933, page 1


    Earl H. Fehl, former Jackson County judge, serving four years in state prison for conviction of ballot-theft, has been endeavoring to have Wesley McKitrick, a prisonmate, serving one year sentence, sign an affidavit exonerating Fehl, according to Deputy District Attorney George W. Neilson, who has returned from a week's stay in Salem on business connected with the turmoil cases.
    McKitrick, "captain of the Banks guards," turned state's evidence, and according to the prosecution "gave information that undoubtedly prevented wholesale bloodshed in Jackson County." McKitrick pled guilty but was ineligible for parole because of previous conviction of a felony. McKitrick is now a prison trusty. He has refused to sign the affidavit. He will be eligible for parole in eight months.
    Tom L. Brecheen of Ashland, serving 18 months in state prison upon a plea of guilty of ballot-theft, has also declined to sign the affidavit. Brecheen is said to be aggrieved that he did not get a parole. He was a "bosom friend" of the turmoil leaders and one of those who were frequent guests at the county jail table last January and February. Brecheen entered a plea of guilty after Fehl's speedy conviction.
    Both McKitrick and Brecheen, the district's attorney's office say, were asked to sign the affidavit following the conviction of Fehl in 12 minutes by a Klamath County jury. All three were in the Klamath County jail at the time. Brecheen and McKitrick refused then, and the request has been repeated since their incarceration in the "big house." The affidavit was intended to be the basis of Fehl's proposed appeal and motion for a new trial.
    Fehl, under the parole law, will be eligible for parole when he has served two-thirds, or 32 months, of his four-year sentence. Like all others behind the grim gray walls, Fehl is hopeful of early executive clemency or parole.
    Deputy Neilson learned during his stay in Salem that Banks and Arthur LaDieu, his former business aide, were "not hitting it off so well as cellmates." Fehl was Banks' first cellmate, but they did not get along as well as they did when keeping Jackson County agitated. LaDieu has a clerical position.
    Both Banks and Fehl expected to continue their "writings" in prison, but were restricted to the prison allowance of the weekly letter to friend or kin. Banks published a pamphlet while in the Lane County jail, and had another one nearly ready when he started serving time. It has never been circulated.
    Fehl is still attached to the "janitor brigade"; Banks is employed in the prison laundry, with alternate days of "hard work" and "easy work." A local attorney consulted with Banks last week on matters in connection with his local business affairs. He reports Banks cheerfully philosophical, expectant of an early release, and still nursing his martyr complex.
    Time for the filing of appeal papers for Walter Jones, former mayor of Rogue River, serving four years for ballot theft, expired October 8. Any future action on this line rests with his counsel.
    Alvin Tollefson, former cashier of the Central Point bank, serving two and one-half years for perpetration of a bank robbery hoax, will be eligible for parole next month. Tollefson, a model prisoner, is assigned to the receiving room of the prison.
    Prison officials reported that all of the Jackson County representation under their keeping are behaving themselves. Hugh DeAutremont, Siskiyous tunnel confessed slayer, and William Donahoe, habitual criminal sentenced for attempted extortion by torture, sentenced to life terms from this county, have been recent occupants of the "bullpen." They plotted an escape on July 4, 1932, during a ball game.
Medford Mail Tribune, November 6, 1933, page 1


    Hearing of testimony in the suit of the Columbia Paper Mills Company against the Medford Pear Growers, Inc., was underway in circuit court today, and much of it centered around operations and transactions of the organization. Approximately $3000 allegedly due for fruit wrapping paper is sought.
    The plaintiff is attempting to show that a partnership existed, and the defense that the relationship was for mutual good, not business, and that no partnership existed.
    Mrs. Janet Guches, former secretary of L. A. Banks, founder of the organization, testified this morning relative to preparations of the minutes and their supervising by Banks. She testified that notices of meetings were sent out from a mailing last. The defense asked that the mailing list be presented, but attorney William McAllister said. "I've been hunting for it for two days, but am unable to find it. When and if I do, I will present it."
    Mrs. Guches testified that the list contained 85 names. She said that when a vote was taken at a meeting, it was by ayes and noes, and in response to a question by attorney Farrell said, "It was not by the volume of noise."
    Dr. F. G. Swedenburg of Ashland testified for the plaintiff, and said he was a director of the organization and that the honor was accorded while he was in the East attending a medical society meet. He said Howard A. Hill was president. He testified to business details, plans, packing operations and negotiations in general.
    J. A. Perry, president of the Medford National Bank, and John S. Orth, former cashier, were scheduled to be called by the plaintiff, to tell of bank relations with the organization.
    H. T. Hubbard, former secretary of the organization, testified to minutes and other matters.
    Eight lawyers are engaged in the suit, six for the defense. Most of the objecting and questioning of witnesses was in the hands of attorneys Gus Newbury, W. E. Phipps and Frank P. Farrell. Attorney Robert Hammond, Jr., and W. J. Trill took notes and suggested queries. Attorney Porter J. Neff, representing the defaulting defendants, was an inactive observer.
    The plaintiff is represented by attorneys George M. Roberts and William M. McAllister.
    The case is expected to be in the hands of the jury late today.
Medford Mail Tribune, November 9, 1933, page 9


    A non-suit was handed down late Friday by Circuit Judge H. D. Norton in the suit of the Columbia Paper Mills against the Medford Pear Growers Association, in favor of nine of the defendants, and a judgment decreed against 16 of the defendants who signed a promissory note, or defaulted.
    Judgment was awarded against Dr. F. G. Swedenburg of Ashland, O. B. Morrow, W. A. Hover, W. B. Barnum, H. Cowgill, C. H. Gile, C. H. Hofbeck, Harry Pellett, C. G. Speaker, C. H. Taylor, J. M. Wagner, Chris Wolf, Frank Ovelman, W. H. Arnold, Walter J. Jones of Rogue River, and L. A. Banks.
    Approximately $3000 was sought for fruit wrapping paper, delivered to the association upon orders of Banks and the directors. It was contended that the supplies were used by Banks in his packing operations, without the organization receiving any of its benefits.
    The court in granting the non-suit held that the organization was not a partnership, and that it was a "legal nonentity," therefore the membership was not bound by the acts of its officers or directors, or responsible for the acts of individual members who signed the promissory note for payment of the fruit paper.
    Much of the evidence was documentary, and concerned the minutes of the meetings of the association during the period when Howard A. Hill was president.
    The defendants granted a non-suit were represented by attorneys W. E. Phipps, Gus Newbury, E. E. Kelly, Frank P. Farrell, Don Newbury, and W. G. Trill. The paper company was represented by attorneys George M. Roberts and William McAllister.
Medford Mail Tribune, November 13, 1933, page 1


    The first issue of the Medford News in new dress and under new management appeared in Medford today with announcement that the newspaper has been purchased by Moore Hamilton, president of the Young Democratic Club of Jackson County.
    Mr. Hamilton, who has been editor of the newspaper under its previous management for the past several months, will manage as well as edit it in the future.
    The Medford News will be printed at the Marshall-Smith-Leonard Printing Company under the new management, appearing each Friday morning. Editorial offices will also be in that building. The newspaper is of tabloid size, offering an entirely new appearance as well as ownership.
Medford Mail Tribune, December 1, 1933, page 2


    All exhibits introduced in the trial of L. A. Banks, former local agitator and orchardist, now serving life in state prison upon conviction of second degree murder, will be presented to the state supreme court, to which it has been appealed. Circuit Judge George F. Skipworth, in a ruling handed down Saturday at Eugene, certified the bill of exceptions, and directed that all exhibits introduced by the state and defense go with the transcript of the evidence to the high court.
    The order includes the "Mother to Daddy" note, which was denied admission at the trial by the court. Allegedly written by Mrs. Banks to Banks, before the murder, it was found in the pocket of one of Banks' coats hanging in a closet in the Banks home. The state attempted to introduce the note to show premeditation and planning.
    The note contained the phrases, authorities say, "If you must fight, fight in the home," and "When the gunmen come, we will go south." The full text was never made public. It was signed "Mother." The defense held authorship was not established, and that the terms "Mother" and "Daddy" are used by thousands of married folk throughout the land. The state contended it was written by Mrs. Banks.
    The .38-caliber pistol, found on a settee in the home after the slaying, introduced as evidence by the state and which the defense contends was "prejudicial" to Banks, is also included in the order, along with the "elephant gun" with which Banks admitted he fired the fatal shot.
    Close to 100 other exhibits introduced in the trial will be presented to the high court for consideration.
    The defense also held "errors at law," alleged misconduct of a woman bailiff and the statement of the assistant attorney general that "Banks is a moral coward, hiding behind the skirts of his wife," were grounds upon which to base a new trial. The bill of exceptions embodied 1330 typewritten pages.
    The court set December 30 next as the final date for the filing of the transcript of documents in the case. Briefs, transcript of the evidence and other legal matters pertaining to the case will be presented later. In the routine time of the high court, it will require at least 18 months for a final decision on the appeal.
    According to information received by the authorities, the costly appeal is being financed by Banks' relatives.
Medford Mail Tribune, December 11, 1933, page 8