A movement that promises much for Sams Valley is the recent organization by the citizens of a good government association having for its object the welfare of the community as set forth in the following preamble to its constitution:
    "Those of us who have lived for many years in this peaceful valley as well as later comers realize the need of some systematic and centralized effort to secure for our community better government, more just taxation, more economy in the expenditure of our money, more earnest and conscientious public officials. Especially is the burden placed upon the farming of this valley by shrewd politicians becoming too heavy for them to bear. In the hope of bettering the present deplorable conditions that confront us and that by concerted action and cooperation, the citizens of the valley may be aroused to the danger that threatens their homes as well as to the many colossal injustices perpetrated by those we elect to serve us, this movement is inaugurated from a spirit of equity and justice."
    The organization is non-political and non-sectarian and expects to cooperate with similar organizations throughout the county. Meetings will be held the first and third Saturdays of each month in Cooper Hall. Active committees will attend to important matters as they arise and every effort made to remedy conditions as they non-exist.
    The officers of the association are: Mr. James Fredenberg, president; Mr. Thomas Strathen, first vice-president; Mr. Tom Pankey, second vice-president; Mrs. Ida A. Warrell, secretary; Mr. Tom Kelly, treasurer.
Gold Hill News, June 13, 1914, page 1  This is unrelated to the Good Government Congress of the 1930s.


    Under the caption "Will This Cure the Medford Cancer?" the Daily Courier of Grants Pass carries the following editorial on the attempt to recall Judge Norton:
    "Medford, once the metropolis of Southern Oregon, of late has fallen from her high estate, but something has happened in the Bear Creek city that very likely will ring the knell of Medford's troubles and start her upward again.
    "That something is the unwarranted, asinine and probably suicidal attack upon Circuit Judge H. D. Norton.
    "Here's the way we figure it: For many years Medford has been the city that grew and prospered and got the things she wanted. The method was to harbor no qualms over how she got 'em or what city she antagonized in getting 'em.
    "Then up rose Klamath Falls. Klamath Falls began to get things, railroads, mills, payrolls, population, highways. She got 'em by the other method, patting other cities on the back while getting 'em.
    "The first policy was bound to lose in the end, and the second was bound to win.
    "When Klamath Falls began to usurp Medford's place, Medford tasted the dregs, and seeds of discord sown through many years began to bear fruit.
    "Now the place has achieved statewide reputation for being all muscle-bound by warring factions to the point that nothing can be accomplished. Man after man in public life has been marked for attack and has been pulled down.
    "That is the stage setting for what may be the purgative, the latest and we hope the final attack, that on Judge Norton.
    "Norton is one man in a hundred thousand so removed from petty suspicions, so elevated in public esteem, so freed from any taint of unfair dealings of any nature that the attack can hardly help but be thrown back upon the attackers with maiming force.
    "If that can be the outcome, then it will be a cage of the maimers maimed. The cure of the harmful Medford situation will be on the way. The patient may be on the way to recovery.
    "Let's hope that it will be so. There will be mighty few, if any, signers of Norton recall petitions in Josephine County's borders.
    "If any can be found we will be glad of the opportunity to offer them the proper notoriety."
Medford Mail Tribune, August 11, 1932, page 6


    Newspapers generally perform a useful service in their representative communities. They not only chronicle the happenings of the day but play a leading part in community progress, as well as in exposing corruption in office. Occasionally, however, newspapers become a curse rather than a blessing, by prostitution, perversion and abuse of their powers and so help to create an atmosphere of suspicion, distrust and hate fatal to the unity essential to progress. They degenerate into nauseous pimples erupting poison pus.
    Medford is at present the worst sufferer from journalistic gangrene. The city has two newspapers, one a weekly run by a perennially unsuccessful candidate for office, and the other a daily, whose publisher had hardly moved to Oregon before he became an independent candidate for the United States Senate. Each issue of both papers is filled with wild insinuations and intimations of graft, crookedness and corruption, though open charges are avoided. From a careful perusal of their contents over years, each editor seems to be suffering the delusion that he alone in this lonely world is honest--everyone else is a crook--especially if he is in public office. Neither publisher, it is unnecessary to state, is a trained newspaper man.
   As a result, Medford is torn by bitter factional fights, and infectious discord rules the erstwhile progressive city. Capitalizing on the unrest of the depression, blatant appeals to prejudice have replaced news, and vicious attacks on the honor and integrity of upright citizens are shouted from headlines and smear the front pages. Perhaps the papers have a nuisance value as community irritants, but that is all.
    Naturally, such journalism has brought the publishers into the courts for an accounting from those libeled, and as the result of violating the law, judgments against them returned. Consequently, the inspiration for the attempted recall of Circuit Judge Harry D. Norton, one of the fairest judges on the bench, by unsponsored parties is accounted for. And because all the members of the bar in Jackson and Josephine counties signed a resolution expressing their confidence in Norton's integrity, the lawyers find themselves under a barrage of poison gas.
    Such irresponsible, venal "journalism" as this threatens the freedom of the press more than all other causes put together.--Geo. Putnam in the Capital Journal.
Medford Mail Tribune, August 16, 1932, page 1


To the Editor:
    The following communication was submitted to the editor of the Daily News, who refused to publish it. Would appreciate the Mail Tribune giving it space:
Editor Daily News:
    Up to a certain point I have been with you, especially in your stand on the Fehl verdict, which I think was an outrage, but why blame Judge Norton? If you had panned the jury which returned the verdict, you would have been right.
    Judge Norton is, without doubt, one of the best in the state and I have little respect for anyone who would sign a petition for his recall without some good valid reason.
    Now, when you attack the bar association, I think you will find yourself in the same position as the Irishman who got stewed and thought he could lick the whole county, but when he came to in the hospital and found out what it was all about, said he had taken in too d--n much territory
"Communications," Medford Mail Tribune, September 2, 1932, page 9


    Circulation of petitions against O. C. Boggs, attorney of this city, protesting against his conduct of the affairs of the Eagle Point Irrigation District, as a director, and against Ed Dutton, county road supervisor for the same district, have been reported in northern parts of the county the past week.
    Reports from the same section said that the next political turmoil in this county would center around County Engineer Paul Rynning, who has two more years to serve in the elective office of county engineer. It was reported that a campaign had been mapped against the county engineer with the objective of capitalizing [on] the discontent of the times.
    W. H. Brown, a merchant of Eagle Point, said today that the petitions against Boggs "had been around," and that landowners objected to "pushing them for payments for water and dues."
    One of the allegations against Road Supervisor Dutton was that the was "using county gasoline for private riding."
    Reports said that the petitions obtained "some names, but not as many as expected."
    Another report, fairly authentic, was to the effect that a "Citizens' Committee of 100" is being organized, and 27 members have been secured. The "Committee of 100," according to the report, would start functioning as the motive power of the county campaign, and would "keep a watchful eye on county officials in particular, and affairs in general, for the purification of politics."
    The above events are signs that the political pot has started boiling and will be popping furiously within the next two weeks. Most of the candidates have their cards in windows, and the first campaign dance will be held at Ashland next Tuesday, when the county Democrats open their campaign. There will be no charge, unless the voters care to dance after the oratory. 
Medford Mail Tribune, October 5, 1932, page 9


    A ban on political and religious meetings being held in the auditorium of the new Jackson County courthouse was announced yesterday by the county court, following sessions with several candidates for office and organizations of political nature.
   Meetings previously arranged will be held in the auditorium this week, Victor Bursell, county commissioner, stated, but after this week there will be no more meetings of political or sectarian nature permitted. The courthouse closes at 5:00 o'clock unless permission to use it after that hour is granted by the court.
    The auditorium was included in the building, Commissioner Bursell stated, to be used as a community center, not for the promotion of political or sectarian ambitions. Groups to be allowed use of the auditorium were not listed other than several clubs and patriotic societies. Reason for placing of the ban was not explained, but it is believed to be the result of the demands of the increasing number of meetings to precede the election.
Medford Mail Tribune, October 21, 1932, page 16


    An affidavit of prejudice was filed this morning against Circuit Judge H. D. Norton in the receivership petition of the News Publishing Company against L. A. Banks and the Medford News Publishing Company.
    The affidavit of prejudice was the usual formal document, asserting the defendant could not secure a fair and impartial trial before Judge Norton. It was filed by attorney M. O. Wilkins, representing Banks.
    Judge Norton said he would forward the matter to the state supreme court for assignment of a new judge to hear the case.
    On Monday an affidavit of prejudice was filed against Judge James T. Brand of Coos County, assigned to hear the case by the state supreme court. The defense has now exhausted the two affidavits of prejudice allowed by law in a single case.
    The proceedings will now mark time until a new judge appointment is made by the chief justice of the state supreme court.
    The receivership petition is based by the News Publishing Company against Banks and the present News corporation for the foreclosure of a chattel mortgage and the collection of three promissory notes issued by Banks for $3,333.33 each. The appointment of a receiver is sought, it is stated, to conserve the resources of the paper.
Medford Mail Tribune, December 7, 1932, page 1

    Any further legal action in the recount petition of Sheriff Ralph G. Jennings against Gordon L. Schermerhorn, Democratic nominee, will be deferred until Friday, December 15. The 30 days allowed by law for filing a petition for a recount expired Friday.
    Attorneys for Sheriff Jennings will next move under the provision of the corrupt practices act, which provides that a recount can be ordered and called to determine the votes cast at an election. The action is not as bad as it sounds and is not impugning of the candidate against whom the recount is filed. It thwarts any attempt at an evasion of a recount in a close race and provides that a petition can be filed after assumption of office.
    Friends of Schermerhorn said he was visiting friends and relatives in Siskiyou County and that he was a frequent visitor in Yreka, Calif. He has been absent from his accustomed haunts in this city and county since the Saturday following Thanksgiving. The length of his absence from this county is not known. The matter of a recount hit a snag last month when it was discovered that Schermerhorn was out of the county and could not be served with a summons.
    Attorneys for Sheriff Jennings took no further action, being content to file the proceedings under another statute upon proof that Schermerhorn was not available for service of summons. This statute provides for recount after swearing into office.
    The official count gave Schermerhorn the election by a majority of 123. The petition filed by attorney Porter J. Neff asserts that Jennings, a "write-in" candidate, received a majority of 97 votes, and that a number of votes were not counted on technicalities.
    The general sentiment throughout the county is that a recount should be held to satisfy both sides. Certain political blocs and a few county precincts oppose any count of the official ballots.
Medford Mail Tribune, December 11, 1932, page 10


    A petition for a recount of the official ballots for sheriff in the last election was filed in circuit court this morning by Ralph G. Jennings, incumbent, against Gordon L. Schermerhorn, Democratic sheriff-elect.
   The recount contest, filed by attorney Porter J. Neff, is under provision of the Oregon law which provides that citations can be served for a recount with no time limit, and even after an official has assumed office.
    Bonds in the sum of $1000 were furnished to ensure expenses of the recount, the loser to pay the expenses.
    The petition is the same as filed in the first action, and is based on claims that 381 ballots in the 58 precincts were not counted for Jennings because of "erroneous technicalities." It is set forth that Jennings, "write-in" candidate of the "League of 7000," was elected by "not less than 97 votes." The official count gave Schermerhorn a majority of 123. A certificate of election was issued by the county clerk to Schermerhorn.
    The petition sets forth that Jennings' ballots were discarded for three main reasons, misspelling, omission of the middle initial, and writing only of the last name. The plaintiff holds that these technical defects are insufficient to nullify the vote and that the law specifically provides that a voter shall not be penalized because he is a poor speller.
    Sheriff-elect Schermerhorn has been visiting friends and relatives in Siskiyou County and is not expected to return until after Christmas. He has been away for about a month. Service in the first recount petition was not possible because of his absence.
    Under Oregon law, the recount must start no less than seven days after the serving of a citation. The circuit court judge presides, and he appoints a canvassing board to tally the official ballots. Counsel for both sides are present and present arguments on ballots in which doubt exists, and where the intent of the voter is an issue. The court rules on the validity, and count is then made accordingly.
Medford Mail Tribune, December 16, 1932, page 1


    An affidavit citing inability to secure service of summons on Gordon L. Schermerhorn, Democratic winner on the face of the official recount in the election contest and recount petition of Sheriff Ralph G. Jennings, "write-in" candidate, was filed today by attorney Porter J. Neff and Frank Van Dyke.
    An alias citation requiring Schermerhorn to appear in court within seven days and answer to the petition is sought to speed the recount.
    The affidavit sets forth that Coroner H. W. Conger, who acts as sheriff in the action, has been unable to locate Schermerhorn. Coroner Conger has visited the Schermerhorn home daily and his ranch on other occasions and looked for him upon the streets.
    Schermerhorn has been absent since November 27 and is generally reported to be visiting friends and relatives in Siskiyou county, California. He is expected to return next week. It will be necessary to for him to return not later than January 2 to take the oath of office.
Medford Mail Tribune, December 22, 1932, page 1


    An alias citation and order was issued out of the circuit court yesterday directing Gordon L. Schermerhorn to answer the petition of Ralph G. Jennings for a recount of the votes cast in this county at the last election for sheriff. Schermerhorn was directed to appear in not less than three days, or more than seven days. An affidavit was filed by attorney Frank J. Van Dyke setting forth that Coroner H. W. Conger was unable to serve the original summons upon Schermerhorn. Schermerhorn is reported to have been in Northern California for the past month. He is expected to return here sometime the coming week.
    Schermerhorn, by the official count, won the sheriff race by 123 votes and was issued a certificate of election. Jennings claims that 381 "write-in" votes cast for him were thrown out and that he was elected by a majority of "not less than 97 votes."
Medford Mail Tribune, December 23, 1932, page 7


    Jackson County's political unrest flared again the first of the week when Judge Earl Fehl, who took office Tuesday, challenged the appointment last week of R. E. Nealon by Judge Lamkin, as his first official act.
    Nealon is successor to John Barneburg, holdover member of the county court, who resigned last Saturday. Fehl claims the appointment was irregular and that Nealon should have no voice in transacting county business.
    He bases his contention on the fact that records of Barneburg's resignation and of the appointment of Nealon were entered and signed by the old county court, Tuesday, January 3--after their terms of office had expired.
    In the first meeting of the court Wednesday morning Fehl challenged Nealon's rights, and then adjourned the session subject to call of the county judge, pending decision of the district attorney in the matter.
    This decision held that Nealon's appointment was legal and valid, and that the morning's adjournment was invalid. In accordance with this decree, the county court took steps Wednesday afternoon to hold a session, under the clause of Oregon law that provides a majority of the county court could act on county business.
    County Judge Fehl contended that Nealon's appointment was invalid, and proposed that he and Commissioner Ralph Billings transact pending emergency county business. This plan was rejected when the district attorney ruled it would not be binding. Judge Fehl said the grand jury had OK'd this action.
    Commissioner Billings then took the initiative, and ordered the county clerk to appear to record the meeting, and made ready to hold a session and end the stalemate.
    Commissioner Billings refused to sign a resolution agreeing to transact county business without Commissioner Nealon.
    The two commissioners firmly held that the interjection of a technicality should not hamper county affairs.
    Another county officer whose status is still undetermined is Gordon Schermerhorn, who assumed duties of sheriff Tuesday, pending outcome of a recount of votes. Ralph Jennings, whom he succeeds, was write-in candidate last fall, and if many discarded votes for him are considered valid when the recount is held, it is likely he may retain office.
    Schermerhorn temporarily appointed Phil Lowd, Medford; John Glenn, Ashland, and Amos W. Walker of Central Point as deputies Monday.
    Other new faces in the courthouse are George R. Carter, succeeding Delilia Stevens Meyer as county clerk, and C. R. Bowman of Talent, who follows Superintendent of Schools Susanne Homes Carter.
Gold Hill News, January 5, 1933, page 1


    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


    Photographs taken by Verne Shangle, photographer, from the roof of the court house during the height of the "demonstration" last Thursday give mute and indisputable testimony of the number of people who were harangued. Photographer Shangle estimates that his camera caught 50 percent of the people in attendance. The photo includes the hulk of the crowd, which was on the sidewalk and the adjacent lawn. It does not include those within six feet of the steps, and massed on the steps.
    A count shows that the front of the crowd was 15 people wide, and 17 rows deep, which multiplied makes 352 souls, Taking Shangle's estimate that he "caught" half the folks, there were 704. A count of the faces, hats, and other marks of a person shows 343 people in the picture, which tallies with the "row estimate."
    There are 26 people shown standing across the street, on the sidewalk, and one man standing alone near the public library.
    Allowing that 300 people were in the courthouse, and around the corner, and at the DeVoe corner, the total attendance at the "demonstration" was approximately 1000.
    The Mail Tribune estimates there were 750 people present; L. A. Banks, the instigator, made two guesses, first 2500, and then 3500. County Judge Fehl reported he counted 100 rows, with 42 people to the row, making 4200 people.
    John Denison and W. R. Coleman immediately after the meeting estimated the crowd at "around 800." J. B. Coleman made the same surmise.
    Seventeen citizens taken at random were shown the pictures this noon and the general estimate was, "not more than 850." Lou Reynolds thought the picture showed 500 people, and J. W. Jacobs placed the number at 800, and Bert Orr viewed the photo and said 900 "is liberal."
    The photo is quite distinct and shows facial features plainly. Local citizens recognizable are Mose Barkdull, George Iverson, Jack Hemstreet, Ralph Cowgill, I. E. Foy, Dick Lewis, a high school boy, Cliff Larkins, and others. A mother is shown holding her boy up to see the speakers, and another man in the front row is filling a pipe.
    Anyone who likes to work jigsaw puzzles would have a fine time counting the people in the picture.
Medford Mail Tribune, January 18, 1933, page 1


    Despite the handicap of the most severe weather of the winter, one of the largest crowds ever to attend a public meeting will be in attendance at the mass meeting of the Medford post of the American Legion. The purpose of the meeting is set forth as to "mobilize public sentiment, already crystallizing, against further spreading over Jackson County of false and vicious propaganda, which has created so much turmoil and dissension." The meeting will be held in the armory starting at eight o'clock.
    Attorney E. E. Kelly will act as chairman of the meeting, after introduction by L. C. Garlock, commander of Medford post, and it will be under the direction of the executive committee of the Medford Legion.
    A frank and plain discussion of the civic problems confronting the people of the county will be undertaken, with expose of the tactics employed to confuse the people. Women are especially invited to attend. All interested in restoring good will, and the banishment of political vaudeville and canards, are urged to attend.
    Speakers at the meeting will include L. C. Garlock, the Rev. Father Black, H. D. Reed of Gold Hill, attorney Porter J. Neff, Delroy Getchell, the Rev. W. H. Baird, and others.
    Music will be furnished by the Elks band, under direction of F. Wilson Wait.
    The building will be comfortably heated, preparations towards that end being started that morning.
    A county-wide interest has been manifested in the meeting, and every district of the county will be represented. Ashland will send a large delegation of citizens.
    The meeting is the opening gun of the legion's campaign of education to acquaint people of the county with the true facts in local affairs, and the motives behind the incessant agitation.
Medford Mail Tribune, January 19, 1933, page 1


    The beautiful city of Medford is getting in the headlines oftener than is good for her. Once known as the metropolis of one of the finest valleys in the West, she is now becoming the political "bloody angle" of the state, outdistancing formidable competition to achieve this dubious distinction.
    The other day nearly 1000 irate citizens marched to the court house to demand resignations. Before that two former county officials had been arrested by order of their successors. Charges of collusion to salve over a killing had been bandied about. Every election was made the occasion for a nasty display of factional animosity. Men whose reputations had previously been recognized as good were mercilessly denounced as enemies of the people.
    The "war" seems to have been started by one Llewellyn Banks, publisher of the Medford News. Banks has been stirring up the animals ever since he landed in Medford. No doubt there were abuses, as there are everywhere, but they could hardly have been as damaging to the community as the atmosphere of bitter strife which has been aroused throughout Jackson County, a feeling that will not cool for several years, which will keep people from wanting to settle there and which will keep people already there from getting together for mutual advancement.
    The Medford situation offers a warning to every newspaper and to every citizen of every town in Oregon. This is no time to stir up feuds, but rather to effect reconciliations, to prevent such differences as are sure to arise from becoming "civil wars." We have troubles enough without creating new ones.--Baker (Ore.) Herald-Democrat.
Medford Mail Tribune, January 19, 1933, page 4


To the Editor:
    As my challenge to a debate in the Sunday issue of the Mail Tribune has gone unanswered, why, I will make another challenge, and make it more direct to the ones that I want to answer it.
    It seems that there is a certain bunch of citizens that read nothing but the Daily News and are beginning to believe every word of it, and take it seriously, and that is this political bunk that is being peddled by its editor, Mr. L. A. Banks. Now to explain more fully what I want:
    That if two farmers could debate this political question and especially this political bunk question, that has begun to overcome some of the good citizens and voters that read nothing but the Medford Daily News, and have got just one side of this political bunk, which in reality rules our government.
    Now in order to get these citizens and voters to see the funny side of this political question, and the folly of letting politics get the best of them, and in politics it's the majority votes that puts a man in office, be he crook, liar, grafter, ex-convict or a real honest lawyer.
    Now I, W. N. Carl, known politically as Farmer Bill from Applegate, do hereby challenge any voter in Jackson County, especially some of the converts of the Daily News, for a debate, the question to be, "Resolved, that some of the readers of the Daily News have an overdose of politics.
    Now this challenge is to all takers, be he a lawyer, minister, doctor, banker or farmer, preferably a farmer or Mrs. Farmer, as us farmers are all common and this political disease seems to have hit us hillmen and mountaineer folks that are just reading the Daily News the hardest.
    Now this challenge does not include editors or anyone who was elected to office last fall.
    Now if this debate cannot be held in any stated place, why not use the columns of the Medford papers?
    My argument will run something like this: That the political part of the human race is likened to a drove of hogs, some big overgrown ones, some nice slick ones, some bosses that lay by the trough and grunts with contentment, and next comes the rooters bunch. They root big holes in our pocketbooks, and keep the trough full for the contented bosses. Now this section is likened unto the Jackson County Bar Association, and the contented gang that lays by the trough and grunts, and only gets the rooter section up to the trough to keep it clean, and is likened unto the big corporations, such as utilities and so on.
    Then comes the hungry bunch which is the biggest number, and all they get to fill their stomachs is just the smell that happens to blow from the trough their way and this bunch is getting leaner and thinner each day by day and this section contains all sizes and ages and this big bunch is known as the squealer section, and why this section squeals I will let my worthy opponents state.
    And now in this squealer section is only about one-third that are squealers. Now there are volunteer squealers and leaders, such as chief director general, first assistant and second assistant and so on.
    And sometimes the chief squealer is squealing for one of the big fat ones laying at the trough, and not for the rest of the hungry ones. Now I contend that I am one of the squealers section from the Applegate and what position I hold I have not found out, as I have not consulted the chief director yet. I just squeal to start the rest, but once I squealed so loud that to help the Applegate school district to cut its taxes over 18 mills at one lick. So you see it pays to squeal at the right time, and you don't think so ask L. M. Sweet of Sams Valley when he wants some road improvement in his district.
    Now I will ask my worthy opponents not to quote scripture in backing a political argument. I think when one stoops so low to make it appear that we have an anti-Christ here in Jackson County, is using poor judgment. It is only casting pearls before swine. Now I have cast the first pearl. I do not claim to be sinless, as I know I have many sins. Now, let's go for a debate and let the readers be the judges.
Jan. 18, 1933.
"Communication," Medford Mail Tribune, January 19, 1933, page 4


    Suit for the collection of money, reportedly due, and based on the assignment of labor and material liens, were filed in circuit court late Thursday afternoon by Ciel W. Clements against F. A. Bates and Ella Bates, Jacob F. Lund and Margaret Lund, and the Black Channel Mines, Inc., a corporation.
    The Black Channel mine is a placer claim, owned by F. A. Bates, an aged man, around whom so much of Jackson County's political turmoil has raged.
    The complaint sets forth that Bates and wife and Jacob Lund and Margaret Lund entered into an agreement with L. A. Banks, editor-orchardist of this city, Dr. F. G. Swedenburg of Ashland and A. H. Clements, a mining engineer, for the control, operation and development of the property, and that in this purpose alleged debts for material and labor were incurred, for which the liens against the property have been registered.
    Four material liens and five labor liens have been filed in connection with the action.
    The material liens are by Medford firms for the following amounts: Hubbard Brothers, Inc., $39.25; W. E. Alexander, $31.08; Medford Pipe and Machinery Co., $59.25, and the Economy Lumber Co., $20.60.
    The labor liens area:
    Ciel W. Clements, 37 and a fractional day, at $5 per day, $185.55.
    F. S. Johnston, 33 and a fractional day, at $3.50 per day, $117.82.
    Lee Million, 33 and a fractional day, at $2.25 per day, $75.75.
    Louie Loeffler, 34 and a fractional day, at $2.25 per day, $77.50.
    John Flora, 34 and a fractional day, at $2.25 per day, $77.75.
    The complaint sets forth that no part of the claims for labor and material has been paid, and asks that they constitute a lien against the property until paid. In each lien, $25 is sought as a "reasonable attorney's fee." Two of the plaintiffs are represented by attorney Frank P. Farrell, the balance by attorney Porter J. Neff.
    The total amount of the labor claims, incurred between last November and January 5, the complaint recites, is $602.80. The amount of the material claims is $150.18.
    For the purposes of the action, the claims were assigned to Ciel W. Clements, employed at the mine operations.
Medford Mail Tribune, January 20, 1933, page 1


To the Editor:
    May I say a few things through your paper anent the political snow storm that is flying over Jackson County?
    The daily presses of this city have been getting news and filling space over the situation, and now the American Legion has taken it upon themselves to correct the situation by a program of education. In my opinion this period of education in a peaceful way should have been done some six months ago if such a program was necessary. Permit me to say that I have all due respect for the Legion as a whole and number some of my best friends among its members, but it seems to me that the Legionnaires and the presses would do a far greater service to the county and the state by quieting down and cease to give our fair county a blemished reputation throughout the state. Mass meetings that have been pulled off only agitate the matter more and more and are a hindrance rather than a cure.
    I believe, and with me are a host of good citizens of our city and county, that Mr. Codding, a personal friend of mine, is above reproach and he was duly elected. The same applies to Judge Fehl, who is conscientious though not infallible. If let alone by the presses and other agencies, I cannot see why these two estimable and good citizens, duly elected officers of our county, cannot get together and settle all differences of opinions and do the work they were elected to do. As to Mr. Carter, everyone knows he is above reproach, and it is a pity that men are so foolish as to bandy his good name in the political mixup.
    Two wrongs never made a right. Two fools never made a wise man, and two foolish-acting factions cannot do anything now by the actions taken by them but keep stirring up strife, enmity, hatred, etc., all which is against God's law and the law of man. Settle the matter by ballot at the next election.
    Peradventure Messrs. Codding and Fehl are as bad as rumor has it, they will die a natural political death. And, if they are good men as a large majority think, pray give them a chance.
    The fifth chapter of Acts contains an account of such an uproar as we have now. You will find the counsel of the greatest teacher and philosopher of the age speaking in the thirty-eighth and thirty-ninth verses of this wonderful chapter of the Book of Acts, Gamaliel speaking, "Refrain from these men and let them alone, for if this counsel or this work be of men it will come to naught: But if it be of God ye cannot overthrow it."
"Communications," Medford Mail Tribune, January 20, 1933, page 8


To the Editor:
    Not being a reader of the Medford News, this writer is not in position to judge relative to abuse or abuses cast upon any person or persons by the paper.
    But if such abuses were any greater than those cast upon Mr. Banks at the armory meeting last night, then this community must be in a bad way.
    My understanding of the purpose of the armory meeting was to amicably discuss differences and pour oil on troubled waters.
    With this thought in mind, before the meeting. I requested the privilege of the platform for a few minutes, to talk in effort toward creating harmony. The privilege was denied me.
    Nor was my question answered, that the chairman permitted me to ask in open meeting, viz:
    Will any person be justified in leaving this meeting with the idea in mind, or belief, that the object of this meeting was to suppress the constitutional right of free speech and a free press?
January 20, 1933.
"Communications," Medford Mail Tribune, January 20, 1933, page 8


    "I'm for it. They're agin it. Down with the plutocrats. There's a miscarriage of justice. Hurrah for the people. This is the people's court house"--hurled into the ether with Shakespearean eloquence, the preceding phrases, familiar to the ears of many Southern Oregonians recently, echoed through the south end of town when a group of Medford youths gathered after the "protest demonstration" in the lot adjoining the high school grounds.
    Speaking from a railing disguised as court house steps, the young elocutionists assured the crowd which gathered 'round that they had come "Not to bury Caesar, but the district attorney."
    With a dramatic gesture, Jack Boyle was introduced to the crowd as "L. A. Bunks" and took his bow with an extra flourish. Dick Applegate then ascended the rostrum and was introduced as Judge "Swell." His appearance was followed with repeated applause as he explained to his listeners his stand as "your duly elected county judge."
    John Reddy was then brought to the railing, the impersonator of one "Neal-on," and cries of "He ain't got no vote" smote the air. "Hang him. There ain't no justice. There ain't no nothing," the harangue continued until Judge "Swell" took the situation well in hand by pushing Neal-on off the railing into the crowd.
    "I have no connection with any newspaper," Judge "Swell" declared, drawing to his side Mr. "Bunks," whom the stage hands explained was appearing "incognito (without his golf pants)."
    Another cheer rang through the audience and "There ain't no law and order" mounted a sound wave and traveled into the high school building. Bob Colvig, with "Copco" shining on his back, grabbed his camera and started into the center of the ring, but was stopped by a group of hecklers, his camera was taken from his hands and much hooting of "subsidy" monopolized the show.
    The noise subsided as Ralph Bailey, instructor, drove by and the chant changed to "Down with the plutocrats. The bloated plutocrats. Riding while the proletariat starves--in our shirt sleeves. There ain't no justice. This is the people's court house and they are welcome to it."
    A signal for resumption of school interrupted the jeers, and much of the crowd broke away as Judge "Swell" invited all present to come in and shake his hand. The offer was refused by all excepting Mr. "Bunks." And a call for "Petitions, petitions" brought a shower of gum wrappers and paper towels.
    "There has been a breakdown of law and order. A great miscarriage of justice," shouted Mr. "Bunks" as someone called "Curtain," and the crowd cleared from the lot, many to receive reprimands for being late to school.
Medford Mail Tribune, January 20, 1933, page 12


    Letters endorsing the stand taken by the Medford post of the American Legion to stop the turmoil which has swept through Jackson County, retarding progress in city and country, have been sent out by the Jackson County Civic League, composed of representatives of practically all churches and other improvement associations of the valley.
    They have been sent by the league to L. C. Garlock, commander of the legion, voicing appreciation of his stand; to Commissioners Billings and Nealon, expressing faith in their administration of their offices and granting them unqualified support; and to District Attorney Codding, voicing recognition of his "faithful service during the preceding term of office." All letters are signed by E. A. Oldenburg, secretary of the League.
    The letters read as follows:
Mr. George A. Codding.
District Attorney,
Jackson County.
Dear Sir:
    In recognition of your faithful service during the preceding term of office the voters of Jackson County reelected you on Nov. 8 last. The Jackson County Civic League rendered what assistance they could to that end.
    We cannot help but view with suspicion and apprehension the activities of those who have opposed you since the beginning of this term of office and who have openly declared their aim of absolute and unhindered control of the affairs of the county. Their past record proves that affairs under their absolute control fare poorly indeed.
    We are persuaded, Sir, that you have begun your new term of office with renewed zeal, for the best interests of Jackson County, using your responsible office for the advancement of the moral prosperity of Jackson County.
    As to that end we helped to continue you in the office of District Attorney so to that same end we shall do all that may be necessary to sustain you in that office and to
encourage you in the faithful performance of your duties. We have no doubt but you may depend upon all right-minded people in Jackson County to that same end and we heartily approve actions already taken by organizations to so express themselves, especially those of the American Legion.
Mr. Ralph Billings,
Commissioner,
Jackson County, Ore.
Dear Sir:
    We were well pleased with the faith in you which the voters of Jackson County expressed at the polls November 8 last when they elected you to the office of County Commissioner. The Jackson County Civic League gladly did what they could toward that end. There has been a great deal of uncalled-for trouble made at the court house by interested parties since the beginning of the present term of office.
    At their last regular monthly meeting on Tuesday last the Jackson County Civic League instructed their secretary to write you and others who have suffered from these disturbances to assure you of our faith in you and of your every possible support in your office.
Mr. R. E. Nealon,
Commissioner,
Jackson County, Oregon.
Dear Sir:
    Since your appointment to the office of County Commissioner and the statement of Attorney-General Van Winkle as to the absolute legality of such appointment right-minded people of the county have heartily approved.
    The Jackson County Civic League at their regular meeting on Tuesday last instructed their secretary to advise you that we shall heartily support you in that office; hence this letter.
    We feel assured that you will do all in your power for the best interests of Jackson County.
    We cannot help but mention our admiration for your manly stand on the courthouse steps, facing that excited crowd calling for your scalp.
Mr. L C. Garlock,
Commander Medford Post
American Legion.
Dear Sir:
    It had long been evident that some measures needed to be taken to stop the unseemingly disturbances that have afflicted Jackson County. We appreciate your firm stand in the matter. At the meeting of the Jackson County Civic League last night the secretary was instructed to advise you of our sincere approval of your mess meeting at the Armory on Thursday evening to clarify this matter. This I gladly do and wish you every success.
    The executive committee of the League, which is prominently known throughout the valley, is composed of:
Medford Mail Tribune, January 20, 1933, page 12


    The "Good Government Congress," headed by L. A. Banks, met in the auditorium of the court house last night, listened to a harangue from its sponsor, based on the familiar cry of "breakdown of law and order," demanded "the removal for cause" of Circuit Judge H. D. Norton and District Attorney George A Codding, and lambasted the Southern Oregon Bar Association as "unscrupulous gangsters." The resolution was adopted by a handraising vote, one member of the audience dissenting.
    It was a characteristic attack on the court. The meeting started with a prayer and singing "America." Opinion summarized the results as "Jackson County is saved again."
    Banks, in a speech, demanded "that the proceedings of the circuit court be suspended until law and order is established." Banks further charged "that the circuit judge and district attorney tied the hands of the grand jury, until the last vestige of law and order have vanished from Jackson County." The journalistic crusader kept his voice out of the higher keys, and restrained his table thumping to one resounding whack. He further declared Jackson County "did not know what was going on" and "should read about what people in Iowa and Minnesota were doing about illegal proceedings." The speaker suspected also [that] there was a "conspiracy" abroad.
    The circuit judge and district attorney were also charged "with violating their oath of office," "protecting murderers" and allowing the "Jacksonville Miner," "an unlawful, libelous and slanderous sheet," entrance to the mails. Leonard Hall, editor of the weekly, was among those present.
    The meat of the long resolution presented by Banks is contained in the following "whereas":
    "Therefore, be it resolved that all legal proceedings in our circuit court be immediately discontinued and held in abeyance until the laws of this state and the constitutional rights of our citizens may be re-established in Jackson County; and
    "Be it further resolved that our Circuit Judge, Harry D. Norton, be removed from office for cause, and
    "Be it further resolved that our District Attorney, Mr. George Codding, be removed from the office of district attorney, for cause."
    G. L. Ray, formerly of Colorado, delivered an opening prayer, and in a later talk urged everybody to join, and promised the crowd "some startling facts, backed by affidavits."
    Other speakers were Mrs. Henrietta B. Martin, wife of a civil service employee at the federal radio station, C. H. Brown, a recent arrival from Portland, who sat at the table in a secretarial capacity, Roy Chandler, secretary of the local unemployed. Frank Root officiated as chairman. County funds for relief were urged.
    Another speaker was T. L Brecheen of Ashland, a Democratic leader of that city. Mr. Brecheen gloated over the recent Democratic victory, recounted the Galveston flood in Texas many years ago, and told stories, which kept the crowd in good humor until the rumor started that he was engaged in a "wisecracking filibuster."
    All the speakers except Brecheen stressed "loyalty" of members as the keynote. "Justice" was announced as the objective, and "public exposure" as the "penalty."
    Mrs. Martin declared in her talk that "the county was lucky to have a man like Mr. Banks" and argued that "in unity there was strength." She scored the bar association, and reviewed her appearance at the recent armory meeting.
    The most spontaneous applause of the session came when Banks announced "that Earl H. Fehl was ringing true, and would continue to ring true." All other speakers were greeted with respectful applause, and Banks was given "three cheers" following his first appearance, as suggested by a member of the audience.
    Check of the auto licenses parked near the courthouse showed that half of those in attendance were from Rogue River, Gold Hill and Central Point, and the other half from this city and other country districts. It was estimated liberally that 800 were present.
    Banks announced that a branch of the "Congress" would be organized in every district, and later throughout the state.
    The meeting then adjourned.
Medford Mail Tribune, January 24, 1933, page 3


To the Editor:
    L. A. Banks prepared, read and adopted at his hand-picked meeting Monday evening the following resolution:
    "Therefore, be it resolved, that all legal proceedings in our Circuit Court be immediately discontinued and held in abeyance until the laws of this state and the constitutional rights of citizens may be re-established in Jackson County."
    It is needless to say that every murderer, robber, burglar and bootlegger will join with Mr. Banks in this request to have the courts closed.
    The inquiry naturally suggests itself why he, L. A. Banks, wants all of the Circuit Court proceedings stopped. This, of course, would include the judges from the outside of this district, who come in to try cases. such as Judge Skipworth from Eugene, Judge Brand from Marshfield and Judge Lewelling from Albany. These judges are not prejudiced against the citizens of Jackson County. They have no interest here. Their purpose is to see that justice be done.
    The following statement of cases against L. A. Banks or his corporation, now on file in the Circuit Court of this county, may shed some light on the reason why L. A. Banks wants all court proceedings stopped. The following cases are on file against him and for the following amounts:
    These several cases are all actions against L. A. Banks for promissory notes which he signed and which are now due, owing and unpaid. These creditors of L. A. Banks want and need their money, and brought these actions to collect the money. Banks evidently doesn't want to pay. Besides the said sums due these various creditors on the said promissory notes, there are two libel cases pending against Banks. One by Guy Bates for approximately $50,000, and one by George Neilson for approximately $50,000. Then we have the case of Clements vs. F. A. Bates and the Black Channel Mines for $773.05. The Black Channel Mines is a corporation owned by Banks. Banks is mining, through this corporation, the mines of the "honest miner," F. A. Bates, concerning whom Banks has had so much solicitude. The $773.05 is for wages owed to the miners who worked on this mining claim for Banks. The miners, not having received their wages, filed liens against the property, which is really owned by Banks. They, too, wanted their money for the hard work they did on the mine, and Banks evidently doesn't want to pay them. If he can stop court proceedings he can avoid the payment of these miners' wages.
    If L. A. Banks could close the doors of the circuit court of this county he could avoid the payment to the News Publishing Company of $12,000, to O. B. Waddell for $6,500, to T. E. Pottenger for $15,000, to W. H. Norcross for $1,200, and to the miners $773.05. All of these sums are his obligations, contracted by and through him, amounting to approximately $35,000.
    If he could close the circuit court doors he could also present a judgment against himself for libel against Guy Bates and George Neilson. If there is any reason why the cases against Banks should not be tried and why he should not be required as every other man is required to pay his honest obligations, we don't know what that reason is. To show his purpose with regard to these obligations, it is well to remember that he and his attorney entered into an agreement to try one of these cases before Judge Brand and then broke his agreement to do so; at least that appears to be the record of the court.
    We believe that it is safe to say that the other debtors of Jackson County will not endeavor to avoid the payment of their honest obligations by attempting to subvert the laws of the state through preventing the operation of the court and setting aside the constitutional right of every man to have his case tried in the legally established courts.
    This man Banks pretends to have serious objection to Judge Norton trying his cases, but he has the same objection to any other judge. Judge Brand was sent down from Marshfield, selected by the chief justice of the state of Oregon to try a case against Banks. Shortly after Judge Brand arrived to try the case, Banks filed an affidavit of prejudice against Judge Brand. Judge Lewelling was then selected by the chief justice to try a case against Banks. It is safe to say that Banks would file an affidavit of prejudice against Judge Lewelling, and thus delay the trial of the case, if he had not already exhausted his affidavit of prejudice rights.
    It is quite clear from the resolution which Mr. Banks framed and had adopted, he endeavors to have special privilege conferred upon him so that he may avoid the payment of his honest obligations. Mr. Banks feels that every judge who sits in judgment on his case is biased; and we apprehend that when the Great Judge of all, as a final arbiter, passes upon the conduct of Mr. Banks down here, that he will have Wilkins at his right hand to prepare and file an affidavit of prejudice against Saint Peter.
"Communications," Medford Mail Tribune, January 26, 1933, page 4


    Down in Medford and Jackson County, the spirit of strife and internal dissension is abroad, fomenting discord and dividing the citizenship into two factions. It is a dull day that does not bring forth some new manifestation of the bitterness which is destroying all semblance of civic unity and harmony.
    At the bottom of all the trouble apparently is the publisher of the Medford Daily News, a newspaper that has led a precarious existence for several years and which manages to keep just one jump ahead of the sheriff by the exercise of a remarkable resourcefulness. This publisher is one Llewellyn A. Banks, erstwhile an orchardist and the same gentleman who a short time ago offered himself, in the senatorial campaign, as a Moses to lead the state and nation out of the wilderness.
    Banks is rated as a man of education and ability whose usefulness is impaired by a flair for publicity and a mania for hell-raising. He gives evidence of an obsession sometimes referred to as "visions of grandeur" and certainly is afflicted with the rule-or-ruin complex
    Banks has been embroiled in public and private feuds down Medford way for several years. He has figured in the court records numerous times. fighting off libel suits, foreclosures, receiverships and attachments. He has rowed with one group of employees after another over wages alleged to be unpaid. Civic controversies seem to be his particular meat and, if there are not any new ones in the offing, he proceeds to make them.
    Recently he ran the editor of his paper for county judge and won with him in a divided field. This has emboldened him to assume some sort of a dictatorship. He is leading mobs demanding the resignation or removal of the two county commissioners, the county clerk, the district attorney and the circuit judge, and now is including the sheriff because the latter would not issue him a permit to carry a revolver. He is attacking the American Legion and everyone that rises to disagree with or challenge him, and is forming organizations to carry on his "cause."
    It is easy in troublous times like these for a demagogue to stir up discontent, and rabble rousers, such as Banks appears to be, are a curse to any community. They do not build, they tear down. Medford has the sympathy of other communities, some of which have had experiences which enable them to understand just what mischief is being done down there.--Astoria Astorian-Budget.
"Editorial Comment," Medford Mail Tribune, January 26, 1933, page 4


    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


    Fisticuffs flavored Jackson County's political row late yesterday afternoon. when George Maxwell, mining promoter, and Leonard Hall, editor of the Jacksonville Miner, engaged in fistic combat on the historic main street of Jacksonville.
    Maxwell, according to Hall and witnesses, has voiced his objection to stories printed in the Miner about his alleged citizenship irregularity, and has sought Hall since the articles appeared last week. He caught up with Hall yesterday, and left him soon afterwards.
    Maxwell approached Hall, who was talking to a citizen of Jacksonville, and declared that he didn't like the articles that had been printed about him.
    "I want that gun you've been carrying, too," Maxwell is reported as saying, and Hall declares that Maxwell started to "frisk" him to get the gun. "I'll show you which of us is the better citizen," Maxwell is quoted as saying.
    Hall declares that he stepped back from Maxwell after Maxwell had tried to take his gun from his pocket, and then when Maxwell approached he struck him on the nose. Several blows were struck, with the result that Maxwell received a bloody nose and then swore out a warrant with Justice Ray Coleman for Hall's arrest. Hall pleaded not guilty and was released on his own recognizance. "Every word I've printed about Maxwell is the truth," Hall said this morning, "and what's more he has already tried to change his registration card at the court house. He has been looking for me for several days, and nearly everybody in Jacksonville knows it."
    After Hall's arrest, Sheriff Gordon L. Schermerhorn requested the return of his permit to carry a gun, but Hall objected on the grounds that his life had been threatened, and that he was just as much in need of the gun now as he was when the permit was issued. Hall declares that his refusal to use the gun yesterday in his fight with Maxwell, or to think of using it, for that matter, is proof that he isn't going to abuse the privilege of carrying it.
    Sheriff Schermerhorn said he would reconsider the request for the return of the permit, Hall said.
Medford Mail Tribune, January 31, 1933, page 1


    Guy L. Ray, elected treasurer of the "Good Government Congress" last night at a courthouse auditorium meet, today submitted his resignation, as follows:
    "Due to the fact that I cannot subscribe to an institution that supports the Declaration of Independence, and is ruled by a dictatorship, I hereby tender my resignation to the Good Government Congress."
    Accompanying the resignation was a statement by Ray, who was temporary treasurer, on the state of the organization's finances, as follows:
    Ray this morning said that he resigned "because they can't commercialize my loyalty." He further stated that the organization had been intended to "aid the working man and farmers, but it was being turned into a political organization." He thought "work is now more important than politics."
    Ray was elected treasurer by one vote last night--receiving 80 votes. His opponent received 79.
    There has been evidence of mutiny in the ranks for the past week. Many followers of the "Good Government Congress" objected to the L A. Banks resolution at the first meeting bitterly attacking the courts, on the grounds "it was going too strong." Another thorn was the candidacy for president of Mrs. Harriet B. Martin, wife of a civil service employee. Speakers last night said many members "objected to a woman leader, because it is a man's job." At the meeting, also C. M. Root was deposed as an official. He and Ray have been active in fathering the organization, and have many followers among the workers of the county.
    Another bone of contention among many of Banks' former followers is a statement in the "Once In A While" column of the Daily News on Tuesday, January 31, which reads as follows:
    "Back of this Good Government Congress will be found the 'special privilege' class, the old 'gang,' operating tin Jackson County."
    Another factor that aided the dissension is the public attitude towards the Banks resolution "attacking the courts." The heretofore good-natured public opinion frowned upon it, and voiced much adverse criticism to the county commissioners that the courthouse auditorium was allowed to be used for inflammatory meetings. Commissioner Billings said that "the program should be soft-pedaled," and Commissioner Nealon held that the "hall should be barred to political factions." County Judge Fehl said "he would speak to them about it."
    At last night's meeting, dissatisfaction with the election results was freely expressed in the back part of the room. The session was marked with considerable banter, and there was no vitriolic attack upon any institution. Mr. Banks, however, took several verbal swings at the mythical "gang," and warned everybody to on on their guard.
    There was some talk yesterday, but unconfirmed, that as a result of the internal strife a '"Farmers-Workers Council of Jackson County" would be formed soon.
Medford Mail Tribune, January 31, 1933, page 1


    The "Good Government Congress" held another meeting in the courthouse auditorium last night, elected permanent officers and adopted two resolutions, one commending L. A. Banks, its father, and one expressing confidence in County Judge E. H. Fehl.
    Banks announced that the next meeting would be an "assembly," when resolutions would probably be adopted, as the grand jury, which is scheduled to meet next Monday, "was waiting for a mandate from the people."
    Permanent officers elected were: Mrs. Henrietta B. Martin, wife of a federal radio station operator, president; L. A. Banks, honorary president; C. H. Brown, father of Mrs. Martin, secretary, and G. L. Ray, treasurer. A committee composed of Mrs. A. B. Pomeroy of the Central Point district; L. A. Banks and C. J. Connors of the Green Springs mountain were named to draft a set of by-laws. An investigating committee will be named by the chair, and its personnel kept secret.
    Opposition to Mrs. Martin as head of the "congress" developed, and C. L. Root and C. J. Root were offered as candidates, splitting the vote.
    Mrs. Martin following repartee concerning a scribe, with his hat on in a cold draft, admonished "the Mail Tribune to tell the truth." She declared that "veiled hints had been received from the chamber of commerce that her husband, a civil service employee, would lose his job." Mrs. Martin said, "we have a letter from Mr. Hughes, the chief justice of the United States supreme court, saying that she was right in her interpretation of the civil service regulations. She requested that "be printed." No letter from Chief Justice Hughes was produced.
    A man present made a motion that "hereafter only loyal members of the Good Government Congress be allowed to attend the meetings." Before the motion could be put to a vote Mr. Banks arose and requested "that my contemporaries [i.e., representatives from other newspapers], whoever they may be, be granted the same courtesy as extended to the News." This was voted by a substantial majority.
    A dozen high school boys and girls attended the meeting and signed membership cards. They then proceeded to vote "no" on all questions. It was hinted that the "gang" might influence them, and it was suggested that a Junior Good Government Congress be formed. Some of those present, including W. P. Doty of this city, thought "only those with a vote at a recall election" should be allowed membership.
    Considerable difficulty was experienced at the opening of the meeting in getting started correctly. C. J. Connors of Green Springs, who proved himself an excellent authority on parliamentary law, finally straightened out the tangle.
    A resolution was introduced by Mrs. A. B. Pomeroy of Central Point, providing that no "action be taken without the advice of Mr. Banks." The Rev. Malcolm thought this suggested a "dictator," and Mr. Banks approved. The resolution was modified to read that Mr. Banks' advice would be welcome, "but not necessarily followed." Mr. Banks thought somebody was needed who was "acquainted with the tricks of the gang who have ruled Jackson County for 15 years." Mr. Banks also complimented the gathering upon "their democracy and good nature."
    According to Walter Inch, who counted noses, there were 255 people seated, and a count showed 66 standing. A majority of those present were from Gold Hill, Rogue River, Trail and Wimer, with some from Ashland, Jacksonville, Talent, and Phoenix.
Medford Mail Tribune, January 31, 1933, page 3


    Formal notice that he had withdrawn as counsel in the receivership suit of the News Publishing Co., L. B. Tuttle, president, against L. A. Banks and the Medford News Publishing Company, was filed today in circuit court by attorney M. O. Wilkins of Ashland. Formal notice was also filed by attorney Wilkins that he had withdrawn as counsel in the suits of O. B. Waddell against the Suncrest Orchards, Inc., L. A. Banks and O. B. Waddell against L. A. Banks.
    The News Publishing Co. receivership suit is based upon claims against the Medford News Publishing Co. and L. A. Banks for the collection of approximately $10,000 alleged due on promissory notes for payments on the property.
    The Waddell suits are based upon mortgages, approximating $7000, allegedly due for funds advanced by the Medford National Bank and assigned to Waddell.
    The Wilkins notice states that Judge L. G. Lewelling of Albany, assigned to the case, Banks and attorney Gus Newbury have been forwarded copies.
    The brief notice reads as follows:
    "This is to advise the court, and the parties, plaintiff and defendant, that I have this day, January 31, 1933, withdrawn further appearance as attorney for the defendants (News Publishing Company and L. A. Banks) and that I voluntarily consent to the nomination and designation of such other attorney for defendant as the defendants or either of them may name.
    "I have this day mailed a signed copy of this letter to the court, to attorney Gus Newbury for plaintiff, and to L. A. Banks, one of the defendants, and manager of the other defendants.
    "My reason for withdrawal is failure to obtain compensation for services rendered and required in said cause. I am holding defendant's papers and copies in said cause pending settlement.
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


    There was a slight furry in voters' registration at the county clerk's office Saturday afternoon in response to an appeal at the "Assembly of the Good Government Congress" that all unregistered voters register so they could sign the recall petitions.
    There were 48 new registrants, the majority from rural districts. Ten attested they reside in Medford proper, and five on Medford rural routes. Two reside in the Ashland district on star routes. Nine registered from Rogue River, five from Trail, two from Eagle Point, three from Phoenix, two from Talent, one from Prospect, one from Beagle and three from Central Point.
Medford Mail Tribune, February 5, 1933, page 6


    The Medford News, noted for the versatility and frequency of its charges of public corruption in its community, hotly complains that "an effort has been made to destroy the freedom of the press in Jackson County"; that one newspaper plant has been closed by horrid official conspiracy. But in almost the next breath the News avers that another newspaper, the unfriendly Jacksonville Miner, is a "scandal sheet" and should be removed from the county, and that the local radio station ought to be thrown off the air for untruthful broadcasting.
    We are aware that here and there the theory seems to exist that freedom of the speech consists of the right to shut the other fellow's mouth, and to say whatever you wish on your own part. Not often is the theory so frankly presented as it is in the Medford News.--(Oregonian.)
    Llewellyn Banks, Medford publisher, who has been charged with criminal libel, is shouting "conspiracy" and threatening that Jackson County will be knee deep in blood if any attempt is made to arrest him. We rather suspect Mr. Banks will soon be telling the world that no one can throw him in jail--from a safe place behind the bars. We suspect that Mr. Banks' case needs attention from the medical examiners rather than the prosecuting officers.--(Astoria Astorian Budget.)
    "It is to be hoped that Jackson County doesn't have its Sarajevo," reads a short editorial comment appearing in the Portland Oregonian.
    "Just what is meant by that question," several have asked.
    Sarajevo was the city in which Archduke Francis Ferdinand was assassinated on June 28, 1914, when the shot was fired which precipitated the great World War.
    When a newspaper looks at Jackson County as the center of trouble which has such possibilities, although of course the idea of the extent of the trouble is exaggerated, it is time that Jackson County be "cleaned up" and this nasty discord settled.
    Jackson County citizens don't want to continue to draw such comment from the press over the state. Jackson County can't afford to continue in such a turmoil, with the damage becoming greater and greater.--(Ashland Tidings.)
    Some wit recently remarked that "Medford would have been better off if they had left the courthouse in Jacksonville or moved it on down to Ashland," and we are frequently inclined to believe there was much truth to that remark. There's nothing particularly conducive to efficient operation of business when a community is torn by strife and discord. Ashland, most fortunately, has been in the position of an onlooker in this unholy disturbance which has swept over most of the county. So far as Ashland is concerned there has been keen and personal interest in seeing the affairs of Jackson County conducted in a fair and impartial manner. Believing ill of your neighbors is a poor approach toward securing their cooperation in bettering conditions. It has been learned, through experience, that ignoring of agitators is the most effective method of limiting their activities and effectiveness. Frequently their agitation is based on charges so absurd as to be an insult to the intelligence of thinking people.--(Ashland Tidings.)
Medford Mail Tribune, February 7, 1933, page 4


    The citizenship of Jackson County and the grand jury were arraigned for their "quiescence and complacency in the face of covert threats of bloodshed and terrorization" by Circuit Judge H. D. Norton yesterday afternoon, from the bench, in the course of remarks to the grand jury, following its filing of three indictments.
    "I arraign the citizens of Jackson County, and because they have allowed by their complacency the present situation to arise," said the court. "The people speak only through their grand jury, and it is the only inquisitorial agency they possess. By their attitude they want their public officials hamstrung and hog-tied, and subject to an almost daily fire of criminal libel, slander and covert threats of violence, bloodshed, and sudden death, with charges of a dishonest court and a dishonest district attorney."
    The court, in his remarks, mentioned no names. He recited that "willful vicious, and flagrant propaganda" had been circulated on the Dahack case. He cited the two grand jury proceedings in that case, and the appointment of a special prosecutor.
    "Only recently," the court continued, "there have been flagrant charges that the court and district attorney were tying the hands of the grand jury. This is untrue. No grand jury during my four years in office has been intimidated, and I leave it to the word of every juror who has been called in this court."
    At the conclusion of the court's observation, Foreman [William T.] Grieve of the present grand jury arose and informed the court that the grand jury had "in no way been dictated to, and that they were prepared to back up the statement."
    The court also declared "that many of the citizens of the county have inquired why the court did not take steps to punish flagrant and willful contempt." The court then reviewed the incident last week when L. A. Banks refused to answer a subpoena in the Norcross civil suit, and had written a "scurrilous and slanderous letter to the court, which is now a part of the records, for any future action by the grand jury they may see fit."
    The court charged, in the course of his remarks, that "the court has received no moral support from the citizenry," and that it was not the province of "the court to take the stump and defend the ideals of the American government, but it was the duty of the citizenship to uphold the court and all law enforcement departments. The court cannot defend itself on the public forum."
    "The air is full of criminal libel and criminal syndicalism, and the court sits daily under a fire of propaganda, while the citizenship is complacent in the face of open and notorious defiance of the courts and the laws." The court said that "law and order have broken down in Jackson County when a group is allowed to continue to openly defy the law." The court said "the burden rests with the grand jury."
    The court further asserted that "every case in this court, in which one side or the other must be a loser, furnished material for the recall now urged against this court." The court said the present attitude of the public "reflected against honest litigants with honest cases in times of attempted terrorization."
    The court said: "If I followed my inclinations from a physical and financial standpoint, I would resign, but it would be said that I showed the white feather. That will never be." The court dwelt at some length on the abuse of the affidavit of prejudice law, of this state, "which can be used to prolong cases indefinitely."
    The court, in conclusion, said "the solution rests with the citizenship, and their grand juries."
    The grand jury, which has been in session since last October, at intervals, is composed of William T. Grieve, Prospect, foreman; Mrs. Edith Patton, Medford; Kurt Jeschke, Medford; G. L. Knight, Medford; P. H. McCurley, Medford; H. O. Butterfield, Ashland and J. M. Hughes, Medford.
    The indictments are signed only by the foreman.
    The grand jury will meet next Tuesday again to continue its investigations.
Medford Mail Tribune, February 12, 1933, page 1


    Homes are no longer a refuge to harassed county officials, according to County Commissioner R. E. Nealon, of Table Rock, whose resignation from the county court is sought by the "Good Government Congress."
    Members of the "Good Government Congress," led by their president, Mrs. Henrietta P. Martin, wife of a civil service employee here, invaded the Nealon home last Tuesday night, with a petition demanding that Nealon resign. The petition was endorsed by the congress, Mrs. Martin said, and was signed by Mrs. Martin, C. H. Brown, her father, and by E. H. Pomeroy, E. E. Simmons and L. O. VanWegen.
    Nealon admitted them to his home where they harangued him for some time, but they met with the reply that whenever a majority of the voters of the county wanted him to resign, that he would, but that he wouldn't just because a small group wanted it. Nealon declared that the representatives who called on him did not represent a majority of the voters, nor a fair cross-section of those on the tax rolls.
    Mrs. Martin, the spokesman of the group, declared that if Nealon did not resign that ways would be found to get him out of office.
    "We'll get you out some way," were her parting words.
    Not one reason for Nealon's withdrawal was set out in the petition handed him except that he had been appointed. It included seven "whereases," and three "be it resolveds."
    District Attorney George Codding and Circuit Judge H. D. Norton have not been approached by the group.
Medford Mail Tribune, February 12, 1933, page 4


    The war in Jackson County is still going hell bent. Though no blood has been spilled as yet, it is likely to deluge the Rogue River Valley ere long. The last issue of that paroxysm of paranoia, the Medford News, contains the following under signature of its editor and publisher, L. A. Banks, as reason for refusing to obey summons to appear in court in one of the many cases in which he is defendant:
    "Now then, we have arrived at that point of a complete showdown.
    "I refuse to enter the circuit court of Jackson County now or at any other time for any purpose whatsoever while this court is presided over by Circuit Judge Harry D. Norton.
    "Furthermore, I refuse to appear in the circuit court of Jackson County UNTIL THE BAR ASSOCIATION, which is now in full control of this court, IS DISSOLVED BY THE PEOPLE, and this illegal trust crushed out of existence in Jackson County.
    "If this means bloodshed, I am prepared to offer my life as a sacrifice for the honor of Jackson County."
    As we have before suggested, the peace-loving citizens had better send for Doc Steiner and present this supreme "sacrifice for the honor of Jackson County." We have a lot of these would-be martyrs of sacred causes in Salem and there is room for another nertz.--Salem Capital-Journal.
    L. A. Banks of Medford in his pleas for freedom, the Declaration of Independence, the Constitution, et al., misses that essential point that real freedom of speech must permit others to disagree with you and that there is no freedom when slander, untruth and unwarranted insult go unchallenged. Banks cries "persecution" when he fails to pay his lawyers, fails to pay for his building, does nothing on his newspaper obligation. He indicts the press, the bar, the courts, the town officials--everyone who doesn't agree with his views. But almost in the next issue of his paper he seeks suppression of a radio station and another newspaper who begin to approximate the unfairness of his own statements. The instance is a splendid one of the incoherence of some "liberals." Banks should recall Voltaire's real insight into freedom when Voltaire declared he would oppose a certain view until his death for the right of his opponent to state his view.--Coos Bay Times.
Medford Mail Tribune, February 13, 1933, page 1


    Citizens of Medford and of Jackson County were urged today by O. C. Boggs to take immediate action to put a stop to conditions now existing in this section and to get before the people of the county the true facts of the situation and to end the holding of meetings at county expense, designed to remove county officials from office. Speaking extemporaneously before the Kiwanis Club at luncheon at the Hotel Medford, he condemned the attitude of the people which has permitted this situation to arise and urged them for economy's sake to cooperate in a program to put the unemployed to work and to end the abuse now directed toward county officials.
    County lights and county heat are being used frequently at meetings of citizens plotting against officials, demanding resignations from officials of the county which is feeding them, Mr. Boggs pointed out, deploring the extravagance of the situation and the detrimental results realized in business from its existence.
    "Things have reached a deplorable state," he explained, "when a delegation representing maybe one-tenth of the population of Jackson County can call upon [i.e., visit] a county commissioner demanding his resignation. It is time," Mr. Boggs added with emphasis, "that something was done about it. Many of these people, who have been misinformed, are good people, You would be surprised if you went to one of these meetings. They need to be given the facts. They are getting just one side of the situation."
    "And county lights and county heat are being used at the expense of the taxpayers for the holding of these meetings."
    Turning to the relief problem introduced by Harry Moore, speaker at today's luncheon, in a review of the stamped money [i.e., scrip] plan, Mr. Boggs stressed the need for putting to work people who are receiving aid from the county, and doing nothing in return for funds received. Such a dole system, he pointed out, encourages the people to linger around town condemning the very government that is supporting them, when they should be given an opportunity to work for what they received.
    Opposition to the dole system was also voiced by several other members of the club, and Mr. Moore urged the business men to become "relief minded, for your own good."
    The stamped money plan, Mr. Moore stated, is now being considered by the county court, which has voiced willingness to cooperate as the issuing agency, whenever a group of business men will take the matter in hand. The system, he informed the Kiwanians, is working very satisfactorily in Salem and in the Mt. Scott section of Portland. It provides spending power and work to the unemployed, who are otherwise without it. He pointed out that there is now very little work being done and that people who are obtaining county aid are signing notes for future work. He advised the adoption of a plan, which would enable them to work before or as they receive aid.
    The "stamped money" plan, he stated, provides for a sinking fund in which each person in the community plays a part.
    John Houston, lieutenant governor of this Kiwanis district, was a guest at the luncheon from Klamath Falls, and led the Kiwanians in a group of spirited songs. All were urged to attend the convention to be held next summer in Los Angeles, and a record, boosting the convention, was played by Kiwanian C. Y. Tengwald.
    C. T. Baker was called upon for a farewell speech and informed the Kiwanians that he was not ready to give his "swan song."
Medford Mail Tribune, February 13, 1933, page 1


    The "Good Government Congress" held its regular meeting in the courthouse auditorium last night, before an audience of 500. L. A. Banks was principal speaker, and Mrs. Henrietta B. Martin, wife of a civil service employee, acted as chairman. Circuit Judge H. D. Norton, District Attorney George A. Codding and County Commissioner R. E. Nealon will be invited to attend a meeting at the Armory next Saturday night, "to explain why they should not resign."
    At one stage of the proceedings, there was talk of "swinging ropes" and the "seizing of Jackson County." A man in the back of the hall arose and said:
    "I am known as something of a radical in this town, but I tell you to think twice before adopting a resolution to seize Jackson County. You would be up against the United States army and navy, and nothing would be gained."
    The resolution was not adopted. It was proposed by the Rev. Malcolm, who asked that an intelligence committee be appointed by the president to work in secret council to devise ways and means to force the officials to resign and that the good government congress take over Jackson County and force them out of office.
    Mrs. Ariel B. Pomeroy introduced a motion, asking that no secrecy nor force be used until a reasonable time has been allowed to receive word from the United States government. When asked what she considered a reasonable time, she stated "next Monday."
    Banks, following the talk by the man in the back of the hall, arose and said "we want nothing like that," and "we must go slow." He said, in response to a query why something "was not done for the unemployed," that "we have a program--a big program--but nothing can be done until we wash our hands of the filth and blood upon them, and Judge Norton and District Attorney Codding are forced to resign, and law and order is established in Jackson County."
    Banks also informed the organization that he had defended his home behind a rifle and that he had put men in the Daily News with guns Thursday and Friday. When he spoke of going before Judge Norton, a voice in the room inquired, "Will you take the rope with you?"
    Banks further assured the organization that Sheriff Gordon L. Schermerhorn tried to get his newsprint back for him when it was attached by Officer Prescott.
    T. L. Brecheen of Ashland spoke, in a general way, and also mildly cautioned calmness. A woman in the audience asked Brecheen questions. "You say you have a personal friendship of 25 years' standing with President Roosevelt, then why don't you send him a telegram urging him to take action." Brecheen was also urged to send a message to Justice Brandeis of the United States supreme court, with whom he also reported a long friendship.
    Brecheen replied it would not be much use, until after [inauguration on] March 4, "but after that action could be expected on the dot."
    Observers noted that about one-third of the audience applauded the sensational charges and statements. Many of the unemployed who attended expressed disapproval of the tactics, and thought that more effort should be expended in providing gainful labor, instead of denunciation of county officials.
    County Judge Fehl addressed a letter to the meeting, assuring permission to use the auditorium.
Medford Mail Tribune, February 14, 1933, page 7


    A petition protesting against "the use of the courthouse auditorium for political gatherings, or gatherings of that type, seeking to further their particular interests" was circulated in the Ashland and Talent districts yesterday.
    The petition was signed by 32 citizens of those sections, including a number of the heaviest taxpayers in the county.
    Similar petitions are scheduled to be circulated this week in other districts of the county.
    The Ashland petition text reads as follows:
    "We, the undersigned citizens of Jackson County, do hereby respectfully join in this protest against the use of the courthouse auditorium for meetings of a political nature, or gathering of that type. It takes money to furnish light and heat for such, and we believe that the organizations or groups seeking to further their own particular interests should hire their own hall and pay their own way."
    The petitions are scheduled to be presented to the county court, with the request that they be granted.
    Many citizens have objected to the inflammatory utterances made at recent meetings in the courthouse under the auspices of the "Good Government Congress," of which L. A. Banks is honorary president, and Mrs. Henrietta B. Martin, wife of a civil service employee, is president, and C. H. Brown, her father, secretary.
Medford Mail Tribune, February 15, 1933, page 1


    Dismissal by members of the Southern Oregon Bar Association of all cases against L. A. Banks and the Medford Daily News was asked of association members by W. E. Phipps, local attorney and candidate for county judge, defeated by Earl H. Fehl at the last election, at the last meeting of the bar association at the Hotel Medford, it was announced today.
    No action was taken on the suggestion, but much unfavorable comment was voiced. Attorney Phipps, when asked his reasons for advising such a move, stated that it would show a magnanimous spirit on the part of the bar association and that Banks would probably, in turn, cooperate to work out his obligations and pay them in full. At the same time, he further stated, the bar association would cultivate many friends.
    Other members of the bar association condemned the suggestion as not only impractical but in violation of the duties of attorneys to their clients. Individuals representing clients in courts, it was explained, have no right to dismiss their cases, and such action would be in direct violation of their duty.
    Attorney Phipps stated that he had not brought the suggestion to the association as counsel for Mr. Banks.
Medford Mail Tribune, February 15, 1933, page 1


To the Editor:
    The Good Government Congress should be composed of good citizens, and Jackson County has as good citizens as the sun ever shone on. I have seen in the audiences at the Good Government meeting people of Christian character, who can be classed as intelligent, refined and law-abiding citizens and as good as any in Jackson County, but they take for granted any statement that is made, and I believe they are misled and misinformed by an epidemic of rotten politics.
    While I am writing this I want to make it plain that I do not belong to any organization, as there are too many organizations now that want to wash out their dirty linen of personal grievance at public expense.
    Why not organize and go in a body as church members, and state to our officers that we are here to give you moral support, to make this community safe to live in and end the fussing which has hurt us all, and protect our children and government.
    I want to state to the good people of the Good Government Congress that I have attended every one of your meetings, and have heard the seditious, inflammatory and insidious remarks that I call ignorant remarks, which would convict you under the syndicalism law, and if anything should happen you will be accessories.
    I am not trying to influence you against your Good Government Congress. Don't go to attorneys. Go to the law library in the courthouse, and see and read the law yourself, and see how you are jeopardizing your liberty by your remarks.
    Another thing, when an officer is given a warrant to carry out the court's order, he should not be made a target for threats. He is not the judge and jury. His duty is to protect you and your children and homes, and obey the legal processes as established under the Stars and Stripes.
    I want to say this to Judge Earl Fehl: I read and hear that your hands are tied by Billings and Nealon. Go before the grand jury and have them untied if illegal. If not, shut up and don't keep up this contention because they don't think as you do, for they have as much right as you in that court. I think if you get balanced up you may make a good county judge. This contention is not helping Jackson County. Recall elections cost money [that] would feed a great many people. Let's forget all this turmoil and put our shoulders to the wheel, for the betterment of all. If there is a crooked official, indict him the same as anybody else. I believe law and order has broken down in Jackson County. It has become a disgrace to be in any official capacity, and the officers are cursed from dog-catcher to president. Let's quit wrangling.
    I am like the lady in the meeting who rose up and demanded action. I think the general public wants action to stop the noise that is keeping people upset. Many worthy people cannot get work, because capital does not care to send its money where there is so much fussing all the time.
    The Good Government leaders have not created any jobs, but they have gone hell-bent over the county, inflaming the minds of good people, and urging them to come to Medford to wash their political linen and personal grudges, and throw the dirty suds on good people. Fifteen dollars was collected to send a telegram to Washington, D.C., but no collection was taken up for any hungry people at the meeting, if any.
    In conclusion, I want to say, "Go to it, Good Government," reveal every law that has been broken and tell it to the grand jury, and indict everyone who has broken the law, and send them to jail, regardless of their station, for the safety and protection of the people who want an end to political rows for a while.
Medford Mail Tribune, February 15, 1933, page 5


    Direction of the effort to oust three county officers who are under the fire of the Good Government Congress is now entirely in the hands of the "inner circle" of that organization, according to L. A. Banks, leader and dictator, who addressed the general assembly at the armory yesterday morning.
    Final request of the congress for the resignations of the three officers, Circuit Judge Harry D. Norton, District Attorney George Codding and Commissioner Emmett Nealon, was voiced by a unanimous vote of the members present.
    "This is the last general assembly that will be called for this purpose," Banks told the congress.
    Yesterday's meeting lacked the dynamite and fireworks of all previous meetings, and there was not a single threat of hanging or violence, and no calls "for a rope." Further measures to remove the officers, it was indicated, would be undertaken by the "inner circle," with the general assembly being left to learn of their acts after they have been committed.
    "The state law says we cannot recall an officer for six months after his election," Banks said, shortly after he pointed to the state constitution as one of the bulwarks of the platform of the Good Government Congress. "We cannot leave George Codding in office for six months, because if we do the county will have gone completely to the dogs."
    Banks gave no hint to his followers as to what was going to be done by the "inner circle" in disposing of the officers, since the general assembly was to have no more part in the matter. The fact that each member of the congress will be jointly responsible in the eyes of the law for any violence committed by the leaders caused many of the conscientious followers considerable worry.
    Mrs. J. F. Lawrence, of Medford, asked permission to speak in defense of the county officers, but was refused that permission by Henrietta Martin, president. Mrs. Lawrence was told to attend the meeting tomorrow night at the court house, if she had anything to say.
    When a hand vote was asked for those in favor of the resignation of District Attorney Codding and Judge Norton, and the withdrawal of Commissioner Nealon, approximately half the audience raised their hands. One man voted "No," but his vote was cast out, on the grounds that he was not a member of the "Good Government Congress," which he admitted.
    County Judge Earl H. Fehl was the principal speaker, and was heartily greeted. He reviewed local incidents, woven into his political and personal fortunes. He related his efforts as county judge, and the work involved. He paid a tribute to Col. E. E. Kelly and L. A. Banks, as two men who came to his aid. He asked the withdrawal of Commissioner Nealon. "I have nothing against him personally, and like him the same as I like other men, but I don't like some of his acts." He said he had "told the boys I am willing to resign when you do, and leave it to a vote of confidence of the people." The relief to the unemployed situation was also reviewed by the county judge, and he touched upon other angles of the county business. Judge Fehl assured the audience that the courthouse auditorium would be available for meetings.
    The first speaker was Mrs. Martin, who outlined the objects, and read the list of questions published last week for the three county officials under fire to answer. Mrs. Martin said the object was "justice and harmony in the county."
    L. A. Banks made a characteristic address, the keynote of which was "the re-establishment of law and order in Jackson County." Banks was introduced as the honorary president by Mrs. Martin. She announced that Mr. Banks was ill, "but had declared he would be at the meeting if he had to be carried there on a stretcher." A call for three cheers followed.
    Midway in the session, president Mrs. Martin announced that a collection would be taken up. As the session ended she called upon the ushers to station themselves at the door. They were tardy in so doing. It was also announced that contributions would be received. As usual in these times, the majority of the crowd did not wait for hat passing.
    While the audience was leaving, it was announced that the next meeting would be held next Monday night in the courthouse at eight o'clock for members and will be a convocation, not a great assembly.
Medford Mail Tribune, February 19, 1933, page 1


    Another example of the "super-psychology and salesmanship" of L. A. Banks, and his ability to sell intelligent persons on fantastic notions of conspiracies and abuse, was evidenced Sunday when L. O. VanWegen was apprehended by city police and a .45 army Colts revolver taken from him in front of a local restaurant.
    VanWegen was arrested Sunday morning about 9 o'clock by city policeman Joe Cave, after bystanders had seen VanWegen get out of his car, take the gun from his pocket, and put it in the pocket of his car. When he came out of the restaurant, Cave took the gun, which had three notches filed on the handle.
    VanWegen is one of the committee from the Good Government Congress that called upon Commissioner Emmett Nealon, at Nealon's home two weeks ago, and demanded that he resign, and left with the statement that "if you don't resign, other means will be found of removing you from office."
    The Daily News has been an armed camp since paper belonging to the News was attached, and open threats have been made that if any more attachments were levied they would be resisted. VanWegen told officers Sunday that he was buying the paper now.
    When officers asked VanWegen if other members of the Good Government Congress who were guarding the office also carried their guns about the town, he said they did not, but that "too many things have been missing around there while we were gone, and I didn't want to take any chances by leaving my gun there."
    VanWegen asked to have his case postponed for several days, as he had a job in Ashland. VanWegen was not placed in jail, but his gun was taken by officers, and a complaint charging the carrying of concealed weapons in a car is being prepared.
    Numerous times in the past three years, Banks has had either hired detectives or ardent followers guarding his newspaper or his home, all of which tended to impress on the minds of his followers that he was the subject of plots and persecutions. Not once, in the three years, has there been one stick of concrete proof that anyone was threatening to violently destroy his newspaper plant or his home, but Banks has convinced others that such was the case.
    Whether it is done simply to throw out an impression of persecution is a matter for individual opinion, but the fact remains that there has never been an attempt made on Banks' life, or to dynamite his newspaper.
    VanWegen's plight is a perfect example of how Banks can convince an intelligent person that black is white. VanWegen told officers, when his revolver was taken, that "people were stealing Banks' paper and supplies, and they were guarding the Daily News to see they didn't do it any more." VanWegen, who is a working man himself, lost sight of the fact that a working man, seeking back wages, has redress in the courts, and that the paper had been attached by Gene Wright, who had to use the last resort--the courts--to collect his back wages. VanWegen lost sight of the fact that Banks had first, in his editorial column and under his signature, declared the paper belonged to Mrs. Electa Fehl, and on the next day declared that it belonged to the "cooperative workmen" of the News.
    The incident of having the Daily News guarded is regarded by many as another case of Banks creating an odious part so he can refuse to play it. He has done the same thing with the attorneys of Medford, and with the courts of Jackson County.
    For three years Banks has carried on an unceasing attack on the officers of Jackson County, while the officers have been particularly lenient with him. After the three years of abuse and vilification, if Banks were to commit a crime, or be arrested on a complaint signed by someone, Banks, it is commonly believed, would declare the officers were "seeking vengeance," and the Good Government Congress would be called upon to come to his aid.
    For three years Banks has vilified and abused the courts of Jackson County, particularly the circuit court, and he now flatly refuses to go before that court because of a condition he has built entirely by himself. He declares that he has no legal representation, but has discharged one attorney after another, vilifying each in his paper, until attorneys, by their own admissions, are afraid to represent him.
    Banks has won every one of his cases in the courts of Jackson County when he was in the right, according to records on file at the court house. Banks won the case of Sander vs. L. A. Banks and the Suncrest orchards, when Sander sued on a charge of short weights by Banks, and when the trial was finished, Banks declared that "Judge Norton was an able judge, and had conducted the trial fairly."
    That the Good Government Congress was organized by Banks for the sole purpose of protecting him from the courts is generally recognized over the valley, and the unemployed and the tax-ridden are being used as pawns to further protect Banks from the inevitable day when honest debts become due, when human patience is expended, and when the courts, by their slow and tiresome process, have finally decided that for an editor to safely call a man a liar, murderer or thief he must be able to prove his charge.
    "Nothing can be done for the unemployed and the tax-ridden until the blood has been washed from the hands of Jackson County," Banks declared from the platform in the court house one week ago. That one statement opened the eyes of hundreds of unemployed and taxpayers in the valley who have followed Banks with the idea that he will help them.
    When Banks said "until the blood has been washed from the hands of Jackson County" he meant that the officers must be prosecuted in the Dahack case, and in the Bates case. With officers prosecuted in these two cases, Banks' court troubles as well as Earl Fehl's would be over. What Banks would do for the unemployed and the tax-ridden after that is best answered by what he did for them before he became enmeshed in the present row.
Medford Mail Tribune, February 20, 1933, page 1


    A letter written yesterday by attorney M. O. Wilkins to F. A. Bates, erstwhile Foots Creek miner, reveals the extent of the breach between the lawyer and his former client, Mr. Bates, and writes another chapter in the case of Bates, whose cause has long been espoused by L. A. Banks, publisher of the Daily News.
    The letter follows:
"Mr. F. A. Bates,
"808 East 2nd Street,
"Albany, Oregon.
"My Dear Sir;:
    "Your scurrilous letter of February 17 does not deserve reply, but I am fully aware that you and your good wife are relying upon L. A. Banks to bring you and your mines into fame and great prosperity, and from all present indications you are soon to experience complete disappointment.
    "Having assumed and conducted the responsibility of your legal matters for a time, and having prepared to defend you in a criminal case in this county, I deem it my duty as an officer of the courts to attempt to correct some of your false impressions.
    "On June 16, 1932, L. A. Banks employed me in writing to defend you in a criminal case, and therein agreed over his signature to pay $250 attorney fees, but I did not at any time agree to 'work with him and he (Banks) would put me in district attorney office' as stated in your letter.
    "My candidacy for district attorney was not announced until July 16, 1932, and then it was upon a platform of INDEPENDENCY, as follows: 'I AGREE TO ASSUME THE RESPONSIBILITY OF A FEARLESS, INDEPENDENT ADVOCATE AGAINST ALL CRIME AND CRIMINALS WITHIN JACKSON COUNTY.' Banks had nothing to do with my policies; I did not at any time 'THROW US DOWN' or throw you or Banks down. Nor was I ever 'vamped' or 'revamped' by Banks, nor did I 'throw us down cold again' nor have I ever trumped up a lien against Banks of '$1800 or $600 on us.' And you quite well know you are a Banks megaphone when you say so. Banks' failure to dictate to Wilkins is well known.
    "I did my work perfectly satisfactory to you, and rendered you a bill for $229.30, September 2, 1932; you had already received credit for $50 paid for you by Banks, and on that day you paid $100 yourself at the Medford National Bank. The bill contained a memo that attorney fees for the damage actions, in which you were a party, were not included. Now there was a balance of $79.30 on that bill, and when you and Banks finally blew up and ordered me to quit your service February 1, 1933, I claimed a compensation from Bates, Banks, Lund and Medford News in the sum of $450, five libel damage actions, $300,000 involved. When you and Banks pay this $529.30, the L. A. Banks bill with me will be reduced to $1232.45. This is all in black and white, and your letter is just another example of misrepresentation coming from the megaphone of Dictator Banks. Banks is indebted to me $1232.45, and BANKS and BATES owe me $529.30. Whenever you or Mr. L. A. Banks, Margaret Lund, Jacob F. Lund or Medford Daily News make either a complete or pro-rata settlement or adjustment of the foregoing amounts, all or a portion of your papers are ready for delivery. Until that time, or until I am required by a court order to make delivery, I will retain the papers, deeds, contracts and escrow documents, complaints, answers, letters and court files in the several lawsuits in which you are all parties.
    It is possible you and Banks can 'HANG MY HIDE ON THE FENCE IN 4 HOURS ALONG WITH CLEMENTS,' and it is possible that you and he may 'CAUSE ME TO SIT OUT IN THE COLD WITHOUT A DOLLAR,' but I will not bow to an alleged dictator of criminal syndicalism; hence it would be well for you to secure other attorneys to handle your business, or quietly submit to default judgments soon to be rendered in your cases.
    "P.S.: The Oregon statute defining an attorney's lien is found in section 32-303. Oregon code: 'An attorney has a lien for his compensation, whether specially agreed upon or implied, as provided in this section: 1. Upon the papers of his client which have come into his possession in the course of his professional employment.'
    "Method of procedure to foreclose the lien. Section 32-521.
    "These laws have not yet been suspended by the G-G CONGRESS."
Medford Mail Tribune, February 20, 1933, page 1


    Statements made by L. A. Banks on the front page of his paper this morning concerning the courts of Jackson County were proved absolutely false by an investigation of the records, and interviews with the officials made today.
    Banks, in one of his statements, said:
    "We witness a justice of the peace of Ashland issuing a warrant for the arrest of a citizen when this justice of the peace had no jurisdiction in the matter."
    Banks referred in the statement to the warrant for his arrest, issued by Judge L. A. Roberts of Ashland, on a complaint of criminal libel filed against Banks by attorney M. O. Wilkins, of Ashland.
    Banks has repeatedly contended in his newspaper that the justice courts have no jurisdiction to try a case of criminal libel, and has thereby, in using his ability to deal in half truths and "intellectual dishonesty," given the impression to his readers and followers that the justice court was in error in ordering his arrest.
    The truth of the matter, according to the Oregon statutes, is that the justice courts DO NOT HAVE authority to try cases of criminal libel, but they DO HAVE authority to issue complaints on criminal libel and to order the arrest and arraignment of any person on a charge of criminal libel. Justice courts not only have authority to issue warrants for arrest and arraignment on criminal libel, but on any case from petty larceny to first degree murder, the statutes show.
    Banks' followers were misled in the Ashland criminal libel case much the same way as they have been in the other cases where he has taken a particle of truth and twisted it to suit his own ends, all to the detriment of his followers. No one has ever contended that the justice courts have any authority to TRY cases of criminal libel, it was pointed out, but Banks has declared that they do NOT HAVE such authority, in an effort to mislead his followers and make them think the authorities were attempting to TRY him in that court.
    The justice court hears the arraignment, which it did in the Wilkins criminal libel case, and then set a time for preliminary hearing. Banks, however, waived his preliminary hearing and was bound directly over to the grand jury.
    Banks also claims to his readers, and followers, that the Ashland justice district has no jurisdiction over a citizen living in Medford.
    "The libel, if any, was committed in Ashland, when the paper was delivered there," District Attorney Geo. Codding said this morning, "and Wilkins was entirely within his rights in filing his complaint there. When Banks says the Ashland justice court had no jurisdiction in the Wilkins case, he is deliberately saying something that isn't true, and furthermore, he knows it isn't true."
    Banks made further statements about the courts that were absolutely false, the records show, including the following:
    "We witness property owners being arrested, cast in jail, and banished without having committed any crime."
    The Bates case again, in all of its misrepresentation and stench. Banks declares that Bates was banished from the country without having committed any crime. But the fact is the officers allowed Bates to leave the county in preference to going to jail, as he was an aged man.
    One of the letters Bates wrote to a neighbor on Foots Creek will be produced in court if the Bates case is forced to trial by the rantings of Banks, and will prove, for all time to come, that Banks has deliberately falsified about the Bates case, officials declare. In the letter Bates wrote to his neighbor, he "gave him until sundown," to comply with certain blackmail requests, "and if they weren't done, his wife would be left a widow and his children without a father." It was this letter that Bates was indicted on, and this letter that led officers to feel Bates was an unsafe man on Foots Creek, and should be either in jail or out of the county. He was allowed to leave the county at the request of his wife and daughter.
    Banks has seen this letter, and knows what it contains. He has seen the signature of Bates on the letter. Bates admitted in open court in Gold Hill that he wrote the letter, and still Banks, because it better suits his plans and opinions, refuses to believe it is authentic, and declares the letter to be a forgery. How he can have the arrogance to continue to drum on the case is unexplainable except that $300,000 worth of libel suits grew out of the case, and Banks' only chance to escape them is to prejudice the minds of the people into thinking the charges are true.
    Banks further states this morning, on the front page, as follows:
    "We witness an officer entering private property and there laying hands on and taking away property not represented by the legal document which he held before him as legal grounds for seizing his property.
    "We witness a justice of the peace hearing all of the evidence in this case, then permitting the officers to retain the property which they had seized illegally."
    Judge William Coleman of the Medford justice court issued the writ of attachment for the paper which was seized from Banks' newspaper plant, and also heard the third party claim argued. Judge Coleman was interviewed this morning.
    "This court issued the writ of attachment on Gene Wright's complaint," Judge Coleman said, "and Prescott attached the paper. Then Banks' men spent a day and a half trying to set up a third party claim in this court to set a release of the paper, but they were unable to present any facts which would prove the Medford Daily News didn't own the paper.
    "They were entitled to take it into a higher court," Coleman continued. "The case has now gone by default. That paper was not seized illegally, nor was it held illegally. All anyone has to do is read the state law to find out what the jurisdiction of the justice courts is, and if the justice courts make an error, the party in question has redress in the higher courts."
Medford Mail Tribune, February 21, 1933, page 1


Check by the authorities this morning, of the ballot pouches and ballots stolen last night from a courthouse vault, shows that official voles were taken from 46 ballot containers.
    Ballot pouches to the number of 32 were rifled of the ballots. Fourteen pouches and their contents were taken. The contents of eight of the nine tin containers were taken.
    It is estimated that 10,000 ballots cast at the last general election were stolen.
    Medford precincts missing included Northwest, which cast 358 votes, North Main, 321 votes; South Main, 247; Oakdale, 337; Oakdale, 508 votes; Northeast, 435; Southwest, 489 votes; Southeast, 435; West Medford, 481, and Northwest, 358.
    Ashland, Northwest, with 276 votes cast, and East Central with 245, were also missing.
    The missing Medford precincts were among the precincts of the county casting the largest vote.
    Official ballots cast in this county at the last general election, slated for recounting today, in the election contest between former Sheriff Ralph G. Jennings and Sheriff Gordon L. Schermerhorn, were stolen from a vault on the basement floor of the county courthouse last night.
    As soon as the theft was known, Circuit Judge George F. Skipworth of Eugene, before whom the recount was proceeding, ordered a dismissal of the action on the grounds that the vital evidence was missing, and even if found, it would be useless.
    Entrance was gained to the vault by breaking a window and unlatching the lock. This provided a small space for entry.
    The theft was discovered shortly after eight o'clock. Attorney Elton Watkins of Portland, special counsel for Schermerhorn, called attorney Frank DeSouza of this city by phone. Charles Fischer, a locksmith, engaged to fit the keys in the ballot pouch locks, and Joseph Daniels, Jr., were also present. The four men were walking in the rear of the courthouse when Fischer noticed the broken window. Daniels and the others went to the window and found that the supposedly unbreakable glass had been smashed near the latch.
    Attorney Frank Van Dyke, one of the counsel for Jennings, was also in the courthouse. Attorneys Watkins, DeSouza, and locksmith Fischer and attorney Van Dyke were making preparations for the fitting of the keys so the pouches could be opened expeditiously when the recount started. The vault door was intact, and was unlocked by County Clerk George R. Carter.
    An investigation was started at once. A number of excellent fingerprints were left on window sills and filing cases in the vault. Some of the pouches had been cut open, and others had their retaining lock-bars broken.
    A number of people were outside the courthouse last night, listening through the windows to the speakers at the Good Government Congress meeting. Many of these were being questioned today on what they saw and heard, in the hope they would be able to furnish tangible clues of some sort.
    The theft of the ballots closes definitely the recount of the votes for sheriff. Sheriff Schermerhorn retains the office. The court formally closed the contest action.
    The news of the ballot stealing spread like wildfire throughout the city and county, causing widespread condemnation and surprise. It was the most dramatic episode of the political war that has wracked the county for two years.
    No information has been brought to light, officials said, as to the exact hour the theft was committed. There is plenty of evidence, however, that the stealing was not conducted in a haphazard manner. The brazen audacity of the robbery dumbfounded people generally.
    The grand jury, which is still in session, was scheduled to probe the affair in an effort to clear up the flagrant disregard of constituted authority.
    Preliminary legal matters in the recount were completed yesterday before Circuit Judge George F. Skipworth of Eugene. At the morning session of court, Judge Skipworth ruled that former Sheriff Jennings was eligible as a "write-in" candidate.
    At the afternoon session an attempt was made by attorney Elton Watkins for Schermerhorn to show that the ballot boxes had been tampered with. County Judge Earl H. Fehl and T. L. Brecheen of Ashland were among the witnesses called. They testified the ballot pouches and boxes were in the clerk's office stacked in a corner, more or less in sight of the public. Brecheen testified that he noted the pouches, and saw precinct stickers lying on the window sill. Fehl's testimony was short, and no questions were asked him. The ballots were removed from the clerk's office to the vault from which they were stolen, December 31. The grand jury, it was revealed through the testimony of Foreman William T. Grieve, had investigated the loose stickers, and that Fehl had appeared as a witness before the body on the matter. The grand jury also took an inventory of the ballot containers and their condition. One was found with a broken lock bar.
    Judge Skipworth had ordered the recount to start this morning, on the grounds that there was no evidence the ballot boxes had been tampered with. The court observed "that the mere opportunity to tamper, or mere suspicion does not constitute evidence." The defense counsel made a determined effort to block the recount.
    The question of a recount has been before the courts and public since last November. On December 3, Jennings, the "write-in" candidate, through attorney Porter J. Neff filed a recount petition. Service of subpoena was attempted on Schermerhorn. It was then found that Schermerhorn was in Siskiyou County. Two other subpoenas were issued, but service was not made due to Schermerhorn's continued absence in California. The first of the year Sheriff Schermerhorn returned, to assume office, and was served, and the initial steps taken for the recount.
    Judge Skipworth heard the first motions in the case, in mid-January, and announced he would return in a short time to conclude the proceedings. He was delayed until Monday, by pressure of business in his own district, until yesterday. The  proceedings were well underway when brought to a final close by the ballot theft of last night.
    Sheriff Schermerhorn was issued a certificate of election on the official count which gave him a majority of 123 votes over former Sheriff Jennings, a "write-in" candidate. Jennings contended in his petition that a sufficient number of votes for him were cast out on "technical errors" by the various election boards, to have caused his election by "not less than 97 votes."
    The ballot robbery was the chief topic of conversation throughout the county today. The general verdict was "things have gone far enough," with the firm demand that the perpetrators of the outrage be brought to justice.
Medford Mail Tribune, February 21, 1933, page 1


    Thia is the first of a series of articles to he published by George Codding, District Attorney, in this paper. Mr. Codding's object is to correct certain falsehoods which have been broadcast by the morning daily paper.
To the People of Jackson County:
    Numerous charges have, in the past several months, been hurled against the District Attorney's office, by persons seeking to deliberately distort the truth. Thus far I have refrained from making a statement, for the reason that the charges are so silly and untruthful that I assumed they would not be believed.
    However, it has come to my attention that some people do believe these false and libelous accusations, or at least wonder why the District Attorney does not make a statement in his own defense.
    This statement is not made in self-defense, but rather to tell the people of this county, who elected me, the truth about the management of the office of district attorney.
    A certain individual, through his morning newspaper and in a public address, has told you about the Walter F. Long case, where Walter F. Long lost his life in an affair in the city of Ashland on Christmas Day. He has said to the public that the district attorney's office should have called a coroner's inquest to inquire into this case. And this newspaper publisher, L. A. Banks, has labeled this as a miscarriage of justice, and has shouted from the public platform a demand for my removal.
    What are the facts? Walter Long lost his life. Shortly thereafter I was notified and went directly to the scene of his death. All available witnesses were questioned at that time and I gave orders to the officers to arrest and hold the only persons present when he met his death. The next morning a complaint charging manslaughter was prepared against the person with whom Long had had an altercation. This complaint was prepared in the office of the district attorney and signed before Judge L. A. Roberts of Ashland by Ralph Jennings, then sheriff. The party charged with the crime, after spending the right in the county jail, put up bail to appear when called by the court.
    The same day that Long lost his life I ordered an autopsy to be held. This was performed by Drs. C. I. Drummond, county physician, and Dr. Chas. Haines of Ashland, to determine the cause of death.
    A few days later a preliminary hearing was held before Judge Roberts in Ashland. About 16 witnesses were called and certain exhibits introduced. Judge Roberts felt that there was not sufficient evidence to hold the accused man to the grand jury, and accordingly he ordered him released. This was a public hearing and over a hundred persons heard all the evidence, and stenographic notes were taken by Walter Looker, a court reporter.
    Although the accused was not bound over to the grand jury, I voluntarily submitted the case to the present grand jury and recalled all the 16 or more witnesses before that body, and the grand jury found "not a true bill." In other words, the grand jury thought the evidence insufficient to warrant the expense of a trial in circuit court.
    The district attorney could not try this case unless the grand jury brought an indictment.
    Now, this fellow Banks, who wishes to be the dictator of Jackson County, rants and raves because no coroner's inquest was held. Why should a coroner's jury of six be called, 16 or more witnesses be called, and all that expense thrown on the county to determine certain facts which were already known. Mr. Long's sister was present through the whole affair and gave information regarding all that the coroner's jury could have determined, except who, if anyone, was guilty of a crime?
    Here is quoted from Section 13-2405 Oregon Code 1930, the facts which a coroner's jury shall find:
    "When the examination is closed, the jury or two-thirds of their number must give their verdict in writing, and signed by them, setting forth, so far as they know or have good reason to believe, who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded, and whether any person, and who, is guilty of a crime thereby."
    It will plainly appear that Mr. Long's sister gave the officers all of the above information except the last.
    Had a coroner's jury been called, and all that expense incurred, all that coroner's jury could have done would be to require the accused to be examined by Judge Roberts, and I had already done this by filing the complaint in Judge Roberts' court.
    Now, the accused was already charged in court with manslaughter, was out on $3000 ball and the date for his hearing set. Why, in the face of all this, burden the county with the additional expense of a coroner's inquest?
    In short, all the coroner's jury could possibly do had already been done by the district attorney, so why add further expense?
    The grand jury HAS made a thorough investigation, because the district attorney voluntarily submitted all the evidence to that body.
    The above is all a matter of public record, and anyone interested can examine that record.
    In a recent speech before the so-called Good Government Congress, this man Banks stated that the widow of Mr. Long came to Ashland, looking for information regarding her husband's death. That she could get no information, and finally consulted Dr. Swedenburg, who sent her to Banks. Dr. Swedenburg is Banks' partner in a wildcat mining deal on Foots Creek. Also, Dr. Swedenburg is the personal physician or Banks, and attended him in a recent illness.
    Why did not Swedenburg send Mrs. Long (if she ever was here) to the district attorney's office, the sheriff's office, to Judge L. A. Roberts, to Walter Looker, who took stenographic notes of all the evidence, or why not to the grand jury who investigated all the evidence?
    Furthermore, IF Mrs. Long was ever here, and IF she did interview Banks, why did not Banks send her to the grand jury, Judge Roberts, the sheriff's office, the district attorney's office, or to Walter Looker, who took all the evidence introduced?
    The Long case was handled strictly in accordance with law, and in the same manner as thousands of cases of this kind are handled in every jurisdiction in the United States.
    If Banks knew this, he is lying to the readers of his paper, and his hearers. If he does not know it, he is too stupid to be a newspaper publisher.
    Do the taxpayers of Jackson County want the district attorney's office run on a strictly legal and economic basis, or do they want it run according to the dictates of a person who is too stupid or crooked to state the truth?
    The district attorney's office is the legal department of Jackson County and must be administered on a strictly business basis. It has been my policy to give my best efforts to the conduct of this office, and this leaves but little time to answer false and libelous attacks, such as have appeared in the local morning newspaper.
    As I have stated before, this article is not made in defense, but merely to correct falsehoods which have been uttered against the district attorney and the courts.
Medford Mail Tribune, February 21, 1933, page 1


    L. A. Banks, editor and publisher of the Medford Daily News, indicted late yesterday by the grand jury on charges of criminal syndicalism on one count and on a charge of criminal libel on the second count, was arraigned in circuit court this morning before Circuit Judge George F. Skipworth of Eugene. Banks was given until Thursday morning at 9:30 o'clock to enter pleas.
    Banks, scheduled to appear at 9:30 o'clock, was 20 minutes late. When he failed to appear at the scheduled time the court called for Sheriff Schermerhorn, and instructed that official to produce Banks in court.
    The two indictments returned yesterday were read to Banks, as he stood before the court, visibly nervous. The first indictment for criminal libel returned a week ago was produced, but he waived its reading.
    Following the brief proceedings, before a fairly well-filled courtroom, the state, through Deputy District Attorney George Neilson, served notice that a motion for hearing on the sufficiency of the bonds would be sought. Bonds for $1000, with Howard A. Hill and Ariel B. Pomeroy as sureties was filed in the first criminal libel indictment. Claude Ward, a brother-in-law of Banks, and Walter J. Jones of Rogue River appeared as bondsmen for the two indictments returned yesterday.
    The court advised Banks in full relative to his legal rights. Banks waived an attorney. At the conclusion of the reading of the criminal syndicalism indictment Banks said he would enter a plea of not guilty. Judge Skipworth then advised the defendant that he should take time to consult an attorney and be fully acquainted with the legal procedure. The defendant asked for 24 hours. The court then set the time for formal entering of pleas for Thursday morning, as tomorrow is Washington's Birthday, a holiday and non-judicial day.
    The two indictments returned yesterday by the grand jury were based upon articles which appeared under Banks' signature in the Daily News. The criminal syndicalism indictment concerns an article published January 8 last, under the heading, "Declaration of Independence."
    The entire article is embodied in the indictment, which closed with the words, "unless George Codding resigns by January 12, the News calls on the citizens and taxpayers of Jackson County to establish law and order in Jackson County."
    The indictment alleges that the article "advocates syndicalism and the commission of a crime and unlawful act as a means of acquiring, effecting and bringing about certain political ends of change as the means of bringing about a political revolution."
    The criminal libel indictment is based upon an article appearing last Saturday, February 11. The article column, entitled "Judge Norton's Confession," and attacking the court for its address to the grand jury on Saturday, February 18 in the Banks [omission] is labeled as "false and scandalous."
    Specific phrases, as set forth in the indictment as "Pages of radicalism, falsehood and innuendo," "the false declaration that the publisher of the News wrote "a highly scurrilous and contemptuous letter" to the court, and Judge Norton is sanctioneer of the breakdown of law and order."
    Leonard Hall, editor and publisher of the Jacksonville Miner, indicted for criminal libel ten days ago, for publication of the so-called "Norcross embezzlement article," was arraigned also and entered a plea of not guilty.
Medford Mail Tribune, February 21, 1933, page 1


    Speakers at the Good Government Congress last night soundly condemned the recount proceedings in the sheriff's race that were being conducted in circuit court, and flatly denied that any remarks indicating violence had ever been made by the speakers at the meetings.
    Judge Earl Fehl, who spoke to the congress at the request of the grand jury on the necessity of maintaining order in the auditorium and of not marring the walls, also declared that the ballot boxes had been opened and tampered with, and scoffed at the idea of a recount being held four months after the election.
    Henrietta Martin, president of the group, ridiculed the manner in which Judge G. F. Skipworth was conducting the matter of the recount, and said that when she was a school girl, and they held mock trials in class, that they would have been given a failing grade if they had held their courts as improperly. Mrs. Martin admitted she spent about 20 minutes in the court room yesterday morning.
    People of Oregon were soundly criticized by Mrs. Martin for their short-sightedness and lack of enterprise, when she declared that "they cannot see beyond their noses," and that "it is the fault of Oregon people that they do not have as many people as there are in California."
    Flat denials were repeated that no remarks threatening violence had ever been made at any of the meetings, following the warning by Reverend Kring that there was talk of the congress being indicted by the federal grand jury. Kring warned the members to "watch their neighbors, as spies were planted in the crowd."
    L. A. Banks. honorary president of the group, declared again that there had been a "breakdown of law and order" and "miscarriage of justice," and told his audience that "Jackson County's troubles will never be settled peaceably." Banks also denied that he had made any remarks in his paper that could be construed as syndicalism, and again called upon officers of the county to resign.
    Mrs. J. F. Lawrence, not a member of the congress, was given the platform and pointed out the fallacy of many impressions the members of the congress had been given. Although assured a courteous hearing by the president, Mrs. Lawrence was interrupted several times by shouts of "Where'd you get that," and "Who told you to say that, sister?" Mrs. Lawrence was also interrupted from the chair, and after her talk several speakers ridiculed what she had said.
    Besides condemning the people of Oregon as being lacking in enterprise, and praising California, and admitting that she had lived here only four years and had voted for the first time in the last primary election, Mrs. Martin's remarks lacked the fire of previous meetings. Preachers Malkemus and Kring "confessed" that they had once opposed their leader, Banks, but were now safely within the fold. Debate from the floor was lacking and none of the important subjects were discussed, except by the leaders from the platform.
Medford Mail Tribune, February 21, 1933, page 1


    The district attorney, the city police, and the state police were busy today untangling the skein around the brazen and daring theft of approximately 10,000 official ballots, cast last November in the general election, Monday night. The authorities reported good progress, and the securing of valuable corroborated evidence and clues to the outrage. They would make no statement as to when any developments would be announced.
    The authorities announced that the evidence showed it was an "inside" job; that the perpetrators were well acquainted with the basement and basement floor of the court house, and that the 10,000 ballots had been destroyed in the courthouse furnace.
    Developments to date in the investigation are:
    Two men are held for questioning. One, the authorities say, has made incriminating and contradictory statements. The other is reported to "be a talker and bragger."
    Tuesday afternoon in the basement of the courthouse, hid away in a cranny near the walls, were found 18 wooden tops, cut from the ballot pouches.
    In the furnace of the courthouse were found parts of the ballots, many of them still readable, and charred and smoked parts of others.
    The hammer, believed to have been used to break the vault window, was also found.
    One man, described as a "steady courthouse loiterer, night and day," and wanted for questioning is reported to have departed and had not been located up to two o'clock this afternoon.
    The authorities are working on the possibility that a man hid in the vault where the ballots were stored, and opened the vault door during the night. It is figured that the vault window was broken from the outside, as a blind. It would have been a difficult and tedious task to have passed the ballots and their pouches out the window, and then to have carried them to the courthouse furnace.
    There are a number of other puzzling angles to the ballot thefts, which indicates that the theft was not considered on short notice, but was the result of considerable planning. It was far from a one-man job, the authorities say.
    The authorities refuse to make public the name of the men held for questioning.
    A number of local residents, who stood outside the Good Government Congress meeting in the auditorium Monday night, reported suspicious circumstances they noted at the rear of the courthouse on that night. There was a smaller crowd outside on the lawn than usual. Several residents reported that it was chilly and they walked back and forth to the southwest corner of the courthouse, where three men stood, as if on guard. One was identified, but according to reports the other two were strangers. This might have been a coincidence, and have no significance.
    One citizen reported that while standing at one of the windows, he noted "so much going on back of the courthouse, I thought they had a bottle hidden." He did not investigate. He also reported that "he had a feeling I was under guard."
    News that the ballots had been stolen and destroyed was generally known throughout the county today, and was reflected in a strong resentment at the flouting of constituted authority. It was the strongly expressed opinion that no expense or labor should be spared to clear up the matter. The brazenness of the robbery, on the eve of the sheriff race recount, caused widespread indignation.
    The authorities admitted this afternoon that a number known to have been "loitering around the courthouse" Monday night were under close surveillance. They refused to divulge the name of the missing man, sought for questioning, but believe he is in Northern California.
    The officials working on the case were exceedingly close-mouthed on developments to date.
    Friends of Sheriff Schermerhorn said today "that the robbery was a complete surprise to him, and placed him in a bad light." The same source hinted that the theft and destruction of the ballots had a deeper significance than the mere halting of the recount in the sheriff contest. The sheriff's office is also working on the case.
Medford Mail Tribune, February 22, 1933, page 1


    One of the most interesting phases of the makeup of L. A. Banks, leader of the Good Government Congress and publisher of the Daily News, is his uncanny ability to absolutely ignore proof that statements he makes are false, and to repeat again and again, to further fool and mislead his readers, the statements he knows are direct lies.
    The second and third paragraphs in Banks' front page editorial this morning read:
    "Not content with having caused the false arrest of the publisher of the Medford Daily News by a justice of the peace who had no jurisdiction in the matter involved; and,
    "Not content with sending officers of the law into privately owned institutions, the Medford Daily News, and there seizing illegally newsprint and holding it illegally under dignity of our justice court."
    Any reader of the Medford Daily News may absolutely prove, to his own satisfaction, that Banks deliberately falsifies when he makes those statements by merely looking into the Oregon laws, it was declared by attorneys yesterday.
    Banks is still trying to fool his readers with half truths, by telling them that because the justice court had no authority to "TRY" him for criminal libel in the Wilkins case, that it also had no authority to order his arrest and hold an arraignment on the complaint. Officers have never contended that the Ashland justice court had authority to try the case, and no attempt was made to try Banks there. He was arraigned, and, as attorneys and officers declare, Banks knows that he was arraigned under the law, and is deliberately lying to his readers when he says the Ashland justice court had no jurisdiction in the matter.
    Banks also gives the impression to his readers that some "fast work" was accomplished in having Circuit Judge G. F. Skipworth hear his arraignment on the last two indictments, brought by the grand jury, charging criminal syndicalism and criminal libel.
    Banks declared in his front page editorial this morning that "Judge Skipworth was sent to Medford to hear the recount case in the controversy for county sheriff." That is true, it is pointed out, but only half true, as are other statements made by Banks. JUDGE SKIPWORTH WAS SENT TO MEDFORD TO HEAR ALL BUSINESS COMING BEFORE THE COURT UNTIL SUCH TIME AS THE SHERIFF RECOUNT CASE WAS DISPOSED OF.
    The grand jury indictments against Banks, brought in Monday, charging Banks with criminal syndicalism and criminal libel, were brought in while Judge Skipworth was hearing the recount controversy. IT WAS THEN IMPERATIVE, UNDER THE LAW, THAT JUDGE SKIPWORTH ALSO HEAR THE ARRAIGNMENT TUESDAY MORNING, and had Judge H. D. Norton heard the arraignment, it would have been contrary to law and to court practices, it was pointed out by officials.
    Many members of the Good Government Congress were present when the indictments against Banks were brought in, and those members know that Judge Skipworth received the indictments. Now, it is pointed out, if these members of the Good Government Congress will take the trouble to look into the law, they will learn first hand that Judge Skipworth HAD to hear the arraignment the next morning, and that Banks deliberately attempted to mislead his followers by his insinuations of "fast work."
    Banks' statements in this morning's paper are recognized by thousands as just further evidence that he deliberately alienates himself from the courts and attorneys, and then sets up a pitiful cry that he is alienated. His statement this morning that he was considering whether or not to recognize the indictments and the courts is construed by persons about the city and county as deliberate bluffs and attempts to impress his followers, who do not know him intimately, with his bravery.
    Banks has followed this policy of half truth and bluff for years, which has attracted to his following hundreds of honest citizens who do not know the man intimately. These persons were recently organized into the Good Government Congress, under the honest impression that Banks was telling the whole truth instead of only half of it. Banks has repeatedly called upon the Good Government Congress to remove District Attorney George Codding and Circuit Judge H. D. Norton from office, because Banks wants them removed for reasons best known to himself, and the honest members of the Good Government Congress want them removed because they have been reading nothing but Banks' half truths for years. By reading this morning's papers, however, at least those who heard the indictments Monday can see for themselves the tactics Banks has been pursuing, and, it is commonly believed, they will be revolted by his tactics when they know the facts, as they can know it by a glance into the Oregon code, or a wire to the supreme court, and then comparing their findings with his front page editorial.
    The well-known Everett Dahack case is again being investigated by the grand jury, which calls to the minds of thousands in the valley the misinformation and half truths that have been put out by the Daily News about that case.
    Ted Smith, Albert Goetjen and Raleigh Mathews will testify at this hearing, it is believed, which will be the first grand jury investigation that these men have appeared before.
    Banks has repeatedly testified that the officers prevented these three men from giving evidence at the coroner's inquest, and at subsequent grand jury hearings. Such is not the case, and, officers declare, Banks knows that it is not the case.
    The men themselves refused to testify at the coroner's inquest, and at subsequent grand jury hearings, upon advice of their attorneys.
    When the district attorney sent for the three men to appear before the first two grand jury investigations, their attorney, Charles Reames, refused to let them appear unless a stipulation was entered into between the district attorney and the men that any evidence they might give WOULD NOT BE USED AGAINST THEM IN THEIR TRIALS ON CHARGES OF POSSESSION OF A STILL.
    State laws are plain, to the effect that a man cannot be forced to give testimony against himself.
    Liquor charges growing out of the still raid are now a thing of the past. Prison sentences have been served, and the men can now appear without fear of incriminating themselves. They are being called before the grand jury, at the request of the district attorney's office, and any Banks follower or misled member of the Good Government Congress can further see now he or she has been misinformed by seeing ether of the three men, the district attorney's office, or Charles Reames.
Medford Mail Tribune, February 22, 1933, page 1


    Confirmation of the report that special federal agents have been operating in this city and county for the past six weeks was made yesterday by authorities. The special agents are reported to have come here shortly after the first of the year, and to have functioned in at least two rural sections. County Judge E. H. Fehl. in the Monday night meeting of the "Good Government Congress," announced that special agents were in the audience.
    The government aides were reported as concerned chiefly with inflammatory statements and speeches, and keeping tab on known outside agitators drawn here by the hubbub from coast cities.
    The fact that federal agents were in the county was not generally known until last week, and is believed to have been the cause of "toning down" talk of "ropes and nooses," and "seizure of the county," and the incendiary comments that featured some of the meetings. Speakers at the last session denied there had been any talk of "ropes and nooses," except to illustrate a point.
    It was also stated today that members of the local chapter of the Daughters of the American Revolution had been attending the meetings, gathering first-hand information.
    Local authorities stated they did not know the identity of the special federal agents. and that their operations were independent of their departments.
Medford Mail Tribune, February 22, 1933, page 1


    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, issued 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 130 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


    At the regular meeting of the Jackson County Civic League at the Y.W.C.A. Tuesday evening it was felt intensely that the peace and order-loving citizens of the county need to organize more fully for the guarding of the peace and order and the furtherance of all that is good in our citizenship.
    Reports of committees indicated quiet activity to that end. Resolutions, it was felt, were out of date. A steadfast determination to let deeds tell was recorded in every proceeding.
    It was recognized that the address of Judge Norton to the grand jury was a worthy challenge to every worthy citizen in the county. The principal speaker of the evening was Attorney W. G. Trill. In speaking of the court he said:
    "It is the one and only institution of our land that guarantees to you and to me the quiet and comfort of our fireside; the quiet and enjoyment of our church; the protection and security of our schools.
    "It is the institution that we look to with pride and satisfaction for our liberty and freedom, and questionable indeed is the patriotism of him who would lend his aid or influence in any degree to lessen the dignity, honor and service of that institution.
    "Our circuit judge, district attorney and county commissioners are our employees; they are working for you and me, or any of them, have violated their trust as such officers, or have been grossly neglectful of their duties, or are wholly incompetent, we should stand back of them and should resist with all the force possible any accusations from any persons unless accompanied by concrete facts coming from the most reliable source. These men are worthy of and entitled to the most loyal support from us, and if we fail to give them that support we fail as citizens."
Medford Mail Tribune, February 23, 1933, page 3


    Expressing the opinion that theft of the ballots held for recount in the Jennings-Schermerhorn sheriff dispute was an inside job, authorities at Medford reported important progress Wednesday.
    The theft occurred Monday night when a basement vault was entered and the ballot pouches opened and about 10,000 ballots taken, many of which were burned in the courthouse furnace. Officers state that they think the vault window which was broken was just a blind and that the work was done from the inside. A hammer believed to have been used to break the window has been found.
    Two men whose identity has not been revealed are held for questioning, and it is reported that a third who has been a constant loiterer about the courthouse has been missing since the robbery.
    Conflicting attitudes are being taken by the Medford papers, the Daily News contending that the purpose of removing the ballots was to make it unnecessary to appear before the supreme court to explain how the boxes had been previously tampered with. Schermerhorn in answering Jennings' suit had maintained that ballots had been changed. The Mail Tribune, however, stated that foes of Jennings stole the ballots.
    The theft brought an immediate dismissal of the recount proceedings due to lack of evidence.
Gold Hill News, February 23, 1933, page 1


    C. W. Davis, machinist, who figured in the recent county machine dispute, a deputy under appointment of County Judge E. H. Fehl and whose pay as a deputy was under dispute in the county court, was arrested last night by state police and city authorities, for alleged connection with the ballot robbery and burning last Monday night. He was the fourth man arrested yesterday on charges involving the looting of the county vault.
    Sheriff Gordon L. Schermerhorn was released from the city jail shortly after ten o'clock, on $5000 bonds, with Jens Jensen and Tom Taylor as sureties. The bonds were fixed by Justice of the Peace William R. Coleman. Attorney T. J. Enright represented Sheriff Schermerhorn.
    Sheriff Gordon L. Schermerhorn and four other men are held by state and county authorities, on warrants charging burglary not in a dwelling, in connection with the theft and destruction last Monday night of official ballots cast in the general election last November.
    Besides Sheriff Schermerhorn, the men held are:
    Chief Jailer John Glenn of Ashland, named by Sheriff Schermerhorn last January when he assumed office.
    T. L. Brecheen of Ashland, "Good Government Congress" speaker, and said to be a paid organizer of the outfit.
    Two youths, described as "courthouse boarders," whose names the authorities refuse to divulge.
    Other arrests are scheduled within the next 24 hours in connection with the bold defiance of constituted authority.
    Sheriff Schermerhorn was arrested at 5:30 o'clock Saturday evening, when with Deputy Sheriff Phil Lowd, and Deputy Jailer Thomas, he came to the city police station to arrest Joe Cave, city policeman, on a warrant issued on an indictment returned earlier by the grand jury for involuntary  manslaughter. Officer Cave furnished $1500 bond with Dr. J. J. Emmens and H. F. Meador as sureties.
    When this procedure was finished, Sheriff Schermerhorn was asked to step into Chief of Police Clatous McCredie's office. There he was met by Coroner Frank Perl, who arrested him on a warrant. The coroner is the only official in the county with the power to arrest the sheriff. He serves in that capacity until another is appointed.
    The arrest took the sheriff by surprise. He was immediately placed in the city jail, in the city hall.
    Jailer John Glenn was arrested at noon, and it was not known to the general public until after the arrest of the sheriff. Sheriff Schermerhorn had no comment to make.
    T. L. Brecheen was arrested in midafternoon when he came from Ashland for questioning. Brecheen is a recent arrival here. He has resided in Ashland for about two years, coming there from Alameda County, Calif. Brecheen took an active interest in the Democratic primary last spring, and was an earnest worker for Sheriff Schermerhorn then and in the general election. In two of the meetings of the "Good Government Congress" held in the courthouse assembly Brecheen made speeches and told jokes, and claimed "a friendship of 25 years' standing with President-elect Roosevelt."
    The two youths held in custody are said by authorities to have been steadily around the courthouse for the last six weeks, and were minor satellites of the "Good Government Congress," and regular attendants at the meetings of that organization as "cheerleaders." A hammer, thought to have been used in smashing the vault window, was found in the room occupied by the pair. The room was atop the courthouse.
    Jailer Glenn is a comparative recent arrival in the valley. He formerly lived in Coos County. He was appointed by Sheriff Schermerhorn last January when he assumed office. The appointment was a surprise, as Glenn is not well known.
    Sheriff Schermerhorn has been a resident of the county for more than 30 years, and is well known among the older residents. His arrest came as a shock to many. He was the Democratic winner in the primary last spring, and was winner in the general election by 123 votes on the face of the official count.
    When the brazen and audacious ballot theft was reported, Sheriff Schermerhorn told friends, "this puts me on the spot, and in a bad light."
    The district attorney's office, the state police, and city police last night declined to give any report on the evidence they have collected. The five arrested persons are kept separated. Brecheen and Glenn are held in the county jail, under close guard. Sheriff Schermerhorn is held in the city jail. He is allowed the freedom of the place, and spent most of the evening lying on a cot in the middle of the room. He ate lightly of a supper brought him from a restaurant.
    The authorities state that all the evidence they have collected upholds their contention from the start that it was "an inside job," and that it had been planned.
    The theft and destruction of ballots cast in the last general election, from a vault in the courthouse last Monday night, was one of the most brazen and audacious crimes in the history of the state.
    The ballots were to have been counted in circuit court Tuesday morning in a recount instituted by former Sheriff Ralph Jennings against Sheriff Schermerhorn. The destruction of the ballots automatically caused the dismissal of the case and the retention of Sheriff Schermerhorn. Jennings claimed that if the votes legally cast for him were counted, he would have been elected "by not less than 97 votes."
    Entrance to the vault was gained by breaking a window to the vault, in the rear of the courthouse, and lifting the lock. The window was then opened. The space would permit only a small-built man to pass through.
    The theft was discovered Tuesday morning at eight o'clock, when attorney Elton Watkins of Portland, attorney Frank DeSouza of this city, counsel for Sheriff Schermerhorn, and Charles Fischer went to the courthouse first floor. When County Clerk George Carter arrived to open the vault, they intended to have locksmith Fischer fit the keys to the ballot container locks, to expedite opening, when the counting started. While waiting the three men and janitor Joseph Daniels, Jr., went into the back yard of the courthouse. Daniels noted the opened and broken window. They peered inside and realized that the ballots had been stolen.
    A check later by the clerk's office showed that 46 ballot containers had been rifled. Fingerprints were taken on dusty file cases and on boxes.
    Tuesday morning the two unidentified youths were taken into custody. That afternoon a search of the courthouse furnace revealed that the ballots had been burned therein. Readable pieces of ballots were found. Later the same afternoon 18 ballot pouch containers were found hidden in a cranny far beneath the courthouse walls. Fingerprints were found there.
    Wednesday and Thursday evidence of a valuable nature poured upon the authorities from people living across the street from the courthouse rear and from outside spectators at the "Good Government Congress" Monday night. All reported tense and mysterious movements by groups outside during the Good Government meeting. Several citizens reported that while listening through the windows to the speeches of County Judge Fehl and L. A. Banks and the Rev. Kring, they had a feeling "they were being guarded." Residents and pedestrians reported they saw "strange goings-on" most of the night. and saw eight or ten men skulking around in the shadows.
    It is the theory of the officials that one or two men entered the vault, after the window was broken, and passed out the ballots, and they were then relayed to the furnace room and burned. It is figured that some of the smaller ballot pouches were passed out unopened, carried to the furnace, and then rifled.
    The news of the outrage against constituted authority shocked the county and aroused citizens of all classes, including many members of the "Good Government Congress." A firm demand went forth that the criminal desecrators of the public records be published [punished?].
    Following the news of the outrage the public mind immediately fixed the real motive for the ballot destruction as something more sinister than the sheriff recount. Officials will throw no light on this phase, except that plenty of motives have been revealed.
    The Jennings recount was first launched on December 3, but this was blocked when Sheriff Schermerhorn absented himself in Northern California for nearly a month, and service of summons was impossible.
    Sheriff Schermerhorn returned on January 1 last to assume the office, and then summons for the recount were filed upon him.
    In mid-January, Judge G. F. Skipworth of Eugene was assigned to hear the case. He appeared and heard motions, and returned to his own district, with the announcement that he would return shortly. Pressure of business in his own district prevented his return until last Monday. After a day in court, the way was cleared for the recount. Judge Skipworth ruled that Jennings' "write-in" candidacy was valid, and also ruled that the defense charge that the ballots "had been tampered with" while stored in the clerk's office was "not proven."
    In support of the tampering contentions, Robert Bell, courthouse janitor, T. L. Brecheen, now under arrest, and County Judge Fehl were called as witnesses. They described the ballot containers while in the clerk's office. Brecheen testified that he saw a dozen or so "stickers" that failed to adhere to the ballot pouches lying on a window sill.
    On December 31 the ballot containers were moved to the vault in the basement and the lock combination changed.
    On Monday night, February 20, the ballots were stolen and destroyed.
Medford Mail Tribune, February 26, 1933, page 1


To the people of Jackson County:
    Referring to the affidavit of prejudices filed by M. O. Wilkins as attorney for Mr. Banks against Judge Norton, Mr. Banks in his Saturday issue of the Daily News stated that:
    "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."
    Mr. Banks had no reason to believe anything of the kind. This affidavit of prejudice was filed by Mr. Wilkins, as Banks' attorney, on the 7th day of December. It was filed by Nydah Neil as deputy clerk and entered at once on the file docket of the case. The affidavit bears the filing date on the back of the affidavit, and it was immediately placed in the files of the case in its regular place. Mr. Wilkins' withdrawal from the case is on file among the papers of the case as of February 1st, 1933.
    The imputation made by Mr. Banks to the people of Jackson County that this office is falsifying the records of the office or of any case is very emphatically resented; and he has never at any time had any reason or ground for entertaining that belief. Mr. Banks could easily have learned the truth of the matter by calling at the office, and avoided resorting to a scurrilous innuendo against the clerk's office.
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 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


    A "Citizens' Committee of One Hundred" has been formed, representing every important district of Jackson County, for the express purpose of restoring respect for the law and giving public officers, whose duty it is to uphold and enforce the law, ACTIVE AND UNITED SUPPORT.
    The purposes of this organization are given in the following authorized statement:
    "The object and purpose of the Citizens' Committee of One Hundred is to support the duly elected and appointed state and county officers in the faithful performance of their duties and to assist in the preservation of order in Jackson County. The following is a declaration of the purposes of this organization and the manner in which it shall operate:
    "This organization shall be known as the Citizens' Committee of One Hundred of Jackson County, Oregon.
    "The object and purposes of this committee shall be:
    "TO PRESERVE ORDER.
    "TO SUPPORT THE DULY ELECTED AND APPOINTED OFFICERS IN THE FAITHFUL PERFORMANCE OF THEIR DUTIES.
    "TO BRING TO JUSTICE SUCH PERSONS AS ARE OR HAVE BEEN VIOLATING OUR LAWS WITH A FURTHER OBJECT AND PURPOSE WITH A VIEW TO RESTORING NORMAL PEACE AND PROSPERITY IN JACKSON COUNTY.
    "THIS COMMITTEE SHALL BE GOVERNED BY THE USUAL RULES OF PROCEDURE AND SHALL HAVE A CHAIRMAN, SECRETARY AND SUCH OTHER COMMITTEES AS IT SHALL FROM TIME TO TIME DETERMINE NECESSARY OR CONVENIENT.
    "ANY RESIDENT OF JACKSON COUNTY, ORE., WHO SHALL AGREE TO ASSIST IN CARRYING OUT THE OBJECTS AND PURPOSES OF THIS ASSOCIATION SHALL BE ELIGIBLE TO MEMBERSHIP."
    The plan to form such a committee was drawn up several days ago, but the members of the executive committee were not selected until Friday.
    As the first official action of the Committee of One Hundred, a special committee called on the county court yesterday and pledged its endorsement of the petitions which have been circulated for a week or more, protesting against further holding of political gatherings in the auditorium of the new court house.
    To support this endorsement, the following resolution was presented for the consideration of this court:
    "Whereas, the use being made of the auditorium in the county court house has been objected to; and it appearing to the court that such use has at times been unlawful;
    "It is hereby ordered that the use of said auditorium to any and all persons be and hereby is prohibited, except by written permission of the county court for each and every such meeting, signed by two or more members of the county court.
    "It is further ordered that the sheriff of Jackson County, Oregon, is hereby directed and instructed to see that this order is obeyed."
    Over the protest of County Judge Fehl, who claimed such an order was unconstitutional, and declared any organization could use the court house auditorium as far as he was concerned, such an order was signed by Commissioners Billings and Nealon and made a part of the official record.
    Spokesmen of the Committee of One Hundred told Judge Fehl they were willing to have the constitutionality of the action legally tested at any time, that it was based upon the sound policy that the court house was the property of all the people of Jackson County, and the members of the court, delegated to represent ALL the people, had the right to take such action regulating the use of the court house as they believed a majority of the people would sustain.
    It was following the last meeting of the Good Government Congress in the court house that the court house was broken into, the court vault smashed, scores of ballot boxes stolen and their contents destroyed. This resulted in the recount of the sheriff race, ordered by Judge Skipworth of Lane County the night before, being called off, threw former Sheriff Ralph Jennings out, and allowed Sheriff Schermerhorn, whose legal right to the office had been disputed, to retain the position.
    Printed below are the charter members of the Committee of One Hundred:
    George B. Dean, orchardist.
    C. C. Lemmon, fruit broker.
    W. C. McQuiston, merchant.
    C. F. Rhodes, engineer-contractor.
    Ralph Cowgill, engineer.
    E. C. Jerome, manager Texaco Oil Co.
    W. W. Allen, automobile dealer.
    J. H. Newton, carpenter.
    C. C. Murray, abstractor.
    A. H. Miller, merchant.
    P. W. Taylor, salesman.
    W. E. Thomas, realtor.
    Geo. Chenoweth, rancher.
    Elizabeth Burr, orchardist.
    W. E. Spatz, orchardist.
    H. D. McCaskey, orchardist.
    J. H. French, farmer.
    H. Coghill, painter.
    J. W. Smylie, contractor.
    C. F. Davies, superintendent of Eagle Point schools.
    A. C. Mittelstaedt, farmer.
    James M. Waters, farmer.
    Wm. Perry, farmer.
    Reed Charley, farmer.
    E. T. Seaman, irrigation engineer.
    D. H. Ferry, mining engineer.
    H. D. Reed, justice of the peace.
    W. H. Muirhead, president Beaver-Portland Cement Co.
    Sam Sandry, farmer.
    E. W. Carlton, president Fruitgrowers' League.
    John Anderson, farmer.
    Albert Strauss. dairyman.
    W. J. Freeman, merchant.
    H. Van Hoevenberg, Jr, president, Oregon State Horticultural Society,
    Albert W. Burch, orchardist.
    Wesley Hartman, mayor of Jacksonville.
    H. G. Enders, merchant.
    Wm. McAllister, president of Active Club, attorney.
    Lawrence Pennington, president of Lions Club.
    Dr. Lantis, president Rotary Club.
    Leonard Carpenter, president of Southern Oregon Sales Co.
    J. F. Fliegel, exalted ruler of Elks.
    Everett Brayton, orchardist.
    Col. Gordon Voorhies, U.S.A., retired, orchardist.
    Ted GeBauer, president Kiwanis Club.
    Eugene Thorndyke, banker.
    O. C. Boggs, secretary, Jackson County Building & Loan Assn.
    Thos. H. Simpson, merchant and banker.
    John C. Mann, merchant.
    C. L. MacDonald, advertising.
    L. C. Garlock, commander American Legion.
    C. A. Meeker, merchant.
    E. W. Shockley, physician.
    G. M. Roberts, attorney.
    W. F. Isaacs, merchant.
    Marc B. Jarmin, merchant.
    W. M. Clemenson, hotel keeper.
    Larry Schade, merchant.
    C. M. Kidd, merchant.
    Fred R. Strang, merchant.
    Thos. J. Fuson, insurance.
    James C. Hayes, physician.
    J. J. Emmens, physician.
    C. T. Steward, merchant.
    R. B. Strang, accountant.
    C. C. Furnas, merchant.
    W. D. Butler, merchant.
    R. W. Stearns, president Southern Oregon Medical Assn.
    Harry Rosenberg, orchardist.
    C. W. McDonald, banker.
    Harry Hansen, merchant.
    Geo. H. Stowell, farmer.
    John Kirk, orchardist.
    J. C. Collins, insurance.
    J. R. Woodford, merchant.
    O. O. Alenderfer, president People's Electric Co.
    M. N. Hogan, broker.
    Scott V. Davis, banker.
    Jno. W. Johnson, merchant.
    Sprague Riegel, orchardist.
    A. W. Pipes, former mayor of Medford.
    W. J. Olmscheid, realtor.
    J. R. Marshall, merchant.
    John F. Lawrence, merchant.
    C. S. Eakin, merchant.
    T. E. Daniels, insurance.
    A. E. Orr, merchant.
    Max GeBauer, merchant.
    Ed M. White, realtor.
    W. H. McNair, merchant.
    Regina Johnson, publisher.
    A. C. Nininger, merchant.
    P. B. McDonald, past commander, American Legion.
    Louis P. Dodge, merchant.
    Perry L. Ashcraft, commander of American Legion.
    J. Edw. Thornton, former mayor of Ashland.
    J. H. Hardy, merchant.
    Paul K. Taylor, creamery.
    F. F. Whittle, transfer.
    Raymond Reter, president Traffic Assn.
    W. O. Fillinger.
    The main text of the petition, signed by over 100 names, which the Committee of One Hundred endorsed, contained the following:
    "We voice vigorous disapproval of its (the auditorium) use as a meeting place for those who openly advocate the overthrow of our established institutions of government."
    Public opinion has been against the holding of political meetings in the court house auditorium since at a couple of "convocations" speeches were made of an inflammatory nature, and there was talk of "ropes" and "nooses" for county officials who did not resign.
Medford Mail Tribune, February 26, 1933, page 1


    Mrs. Martin, after the incident, telephoned this paper, and gave her version of the affair.
    Mrs. Martin stated that she had appeared before the grand jury and sought the indictment of Hall for the article to which she objected. She said that the grand jury refused to take any action, and that she "felt the course she took was the only way I could secure redress."
    This was the gist of Mrs. Martin's statement.
    Henrietta B. Martin, president of the "Good Government Congress" attempted to assault Leonard A. Hall, editor of the Jacksonville Miner, Saturday evening about 6 o'clock, in front of the Daily News office on West Main Street. Mrs. Martin and Hall, following the altercation, were taken to the city hall by city and state police for questioning.
    Mrs. Martin, following her short detention, was allowed to depart. Any legal action against her awaits the action of the grand jury, which convenes Monday, the authorities say. Hall did not swear out a complaint against her.
    Hall was lashed across the face once by a buggy whip in the hands of Mrs. Martin, the authorities said. The woman sustained an abrasion under one eye in the melee.
    The assault occurred when Hall, who went to the Daily News office, came out of the newspaper plant. He started east on Main Street. After a few steps he turned. and started back in response to a call.
    At this juncture, Mrs. Martin, who had been seated in a parked auto at the curb, appeared and started swinging with a buggy whip. Hall grappled with her. Immediately two men grabbed Hall, and held him.
    Before any serious damage could be inflicted, state and city police appeared from a hallway and parked autos across the street. They seized the combatants. Hall was escorted to police headquarters by city policeman Tom Robinson.
    The authorities had been apprised of the intentions of Mrs. Martin on a phoned "tip," and a half dozen officers were in the vicinity of the News office.
    Mrs. Martin told the authorities that she assaulted Hall with the whip because of an article published in the last issue of the Miner. She declared, "It is the only way a lady can defend herself."
    For an hour before the assault by Mrs. Martin, it was bruited about the business district that it was planned. A small crowd, including a number of known Good Government Congress sympathizers, gathered on both sides of the street in anticipation of the excitement. Many regarded it as "just another rumor."
    It proved otherwise a few seconds after Hall left the newspaper office. The entire incident lasted less than a minute.
    Before a crowd could gather state police and city police started keeping the fast-gathering throng moving. Under the direction of Lieut. Alexander Dunn, groups were dispersed.
    There were several hot exchanges of words between the authorities and one or two of the more hot-headed men, described as "Good Government followers." As soon as the main participants were hustled away, the excitement palled.
    Last night the streets were crowded with people, many gathering around the News office. People came from all over the county. There was little inflammatory talk. The news of the attempted whip assault was broadcast over station KMED, and the Mail Tribune issued an extra at eight o'clock.
    The affair will be aired before the incoming grand jury, which will be drawn Monday.
    Under Oregon law, assault with a whip is a felony, subject to a state prison sentence.
Medford Mail Tribune, February 26, 1933, page 1


To the Editor:
    Regarding questions put to me recently I will say I am proud to reply we have had no so-called "Good Government" meetings in our district and hope there never will be. Yet, on the other hand, I am very sorry to say there are a few followers and a few more sympathizers in this district. It is for this reason I am writing a plea to my friends and the citizens of this community to leave this thing alone. It cannot possibly help you or gain you any benefit and may cause you to lose much. In fact, I know where it has already hurt some of you, not only in preventing you from getting positions, but also lowering you in the estimation of stable-minded people.
    You all know I am loyal to my community, for I have come before the public several times in spite of ridicule and censure to plead your cause, because I thought it was just and right and for your own welfare. It is for your own welfare now that I ask you to get other information, other than the Daily News, for your information. That paper is only the mouthpiece of a man attempting to gain your support in his efforts to beat his honest debts. Consider this, citizens, from your own angle. How would you feel after working for a man for weeks, months or years without pay, to have your own friends and neighbors turn you down because, for the sake of your family, you sought help in collecting what was justly due you.
    Or suppose you sold your property to this man, giving him full possession, with small down payment and then failed to get anything more, while he collected every cent of income the property produced, leaving you without home or means of income?
    Sometimes I think you have at last got your eyes open to the truth and I go to bed sleeping half through the night, only to find by the morning that Mr. Blank is one of the G.G. followers. It hurts like a stab--a man whose religion alone I thought could keep him from following anything so far removed from God.
    I am loyal to my community, county, state and United States, and I hope the day will soon come when I can truthfully say there is not a disloyal citizen in Sams Valley, and if every community leader can say this we will again be back to the normal good times we used to know in Jackson County.
"Communications," Medford Mail Tribune, February 26, 1933, page 6


To the Editor:
    Prompted by a desire to learn the truth, a large gathering assembled at the Watkins school house the evening of Feb. 22. Practically every inhabitant of the upper Applegate was present with the exception of a few who were so fed up on the vitamin I that they thought they had no room for new ideas.
    Mrs. Martin and associates of the Good Government had promised to speak. Opposing factions had been notified, as it was desired to hear both sides of many questions which puzzle us.
    When the promised speakers of the evening failed to appear the resourceful patriots entertained themselves with an impromptu program of music and readings. Worthy of special mention were piano selections by Mrs. Frank Dawson, several numbers played on the harmonica by Jack Daley, two cowboy songs by "Slim" Crowell, two duets in Spanish by Mr. and Mrs. Geo. Siple, violin selections by Hester Knutzen, and an especially well-received recitation by Knox McCoy, reminiscent of old-time school days. A solo in Chinese by Frank Collings would have been very fine had it not been quite so low. In fact so much local talent was unearthed that a movement is on foot to give a strictly hand-forged program at a date soon to be announced.
    Near midnight the gathering reluctantly dispersed after unanimously passing the following resolutions.
    Be It Resolved, the county turmoil is caused by a bunch of crooks who are hurling accusations of fraud at each other while their hands are shoved deep in the taxpayers' pockets.
    Resolved, that the wives of the taxpayers cut out and securely sew up their pockets which have only one good use left anyway, viz, to carry the jackknife, and it is believed with a little practice this said implement can be carried over the ear like the pencil of the old-style grocery clerks.
    Be It Further Resolved, that this aforementioned Upper Big Applegate community where peace and harmony reign has some citizens who are willing to shoulder the disgrace of being the first to get back between the plow handles.
    Resolved, that copies of this document be mailed to the local papers for publication.
    And Be It Finally Resolved, that hereafter the monkeyshines of the county will have to shine as best they can without the monkeyshining of
Medford Mail Tribune, February 26, 1933, page 6


    Arthur LaDieu, advertising manager of the late Medford Daily News, under L. A. Banks, through his attorney, Tom Enright, late this afternoon telephoned Chief of Police Clatous McCredie, requesting that the warrant issued for LaDieu be served on him immediately.
    A warrant for LaDieu was issued charging burglary not within a dwelling, and arrangements were made for him to appear at Justice of the Peace W. R. Coleman's court immediately. Constable George J. Prescott took the warrant to the court.
     Earl H. Fehl, county judge of Jackson County, was served with a warrant shortly before noon today, charging him with "burglary not in a dwelling," in connection with the theft and destruction of ballots stored in a vault in the court house basement last Monday night.
    Fehl, in anticipation of arrest, had prepared bonds previously under the direction of Attorney T. J. Enright. The bonds were for $5000, with Ted Heimroth and Walter Goble as bondsmen. Fehl appeared before Justice of the Peace W. R. Coleman. Ted Heimroth and Edward Vogel were approved as bondsmen. The warrant was served by Constable George J. Prescott and Lieut. James O'Brien of the state police, in the county court.
    No other warrants in the ballot stealing case were served this morning. The authorities stated they were seeking two more men. One disappeared Saturday night, and the other yesterday.
    Three men, whose names the authorities did not make public, were arrested in a house on Laurel Street late last night. The police say they have been acting as "News guards." Three guns and a quantity of ammunition were seized. The trio told the authorities they received no pay, and were getting supplies from the county commissary. The officers classed the three as "misguided." No formal charge was placed against the men, but they were questioned.
    It developed that two other men living at the Laurel Street house had left last Saturday afternoon and night. A woman, said to be the wife of one of the three men detained for questioning, was employed as a cook.
    Chief of Police McCredie said that the three detained men "had no connection with the ballot stealing," but "were over-zealous believers in propaganda." One told the authorities that he was engaged to "defend the Constitution and the News."
    Walter J. Jones, mayor of Rogue River, arrested late Sunday afternoon on a warrant growing out of the brazen ballot theft, was still in the city jail this noon, awaiting approval of bonds for $5000 offered by J. T. Thomas and Nick Rossi of Ashland.
    Fehl was the second high official of the county to be allegedly connected with the ballot stealing and destruction since Saturday noon. Sheriff Gordon L. Schermerhorn was arrested Saturday evening and freed that night on $5000 bonds furnished by Tom Taylor and Jens Jensen of this city.
    T. L. Brecheen of Ashland, John Glenn. county jailer, and C. W. (Chuck) Davis, all arrested Saturday, are held by state police in the Josephine County jail at Grants Pass. Efforts to secure their release on bonds were under way.
    Davis has figured rather prominently in local county affairs the past two weeks. He is a machinist, and was appointed a deputy at the county machine shops by County Judge Fehl. The appointment was not approved by the county court. Mayor Jones of Rogue River was appointed a road supervisor recently.
    Neither the state police, the district attorney's office, or the city police would affirm or deny the report, from a high source, that several confessions had been made. The authorities admitted that they would never issue warrants for the arrest of county officials save upon the strongest evidence.
    Officials stated today that they had established beyond doubt that the theft and destruction of the ballots started last Monday night, during the "Good Government Congress" meeting. They placed the starting time as shortly after eight o'clock.
    Two of the ballot containers stolen from the courthouse, were found Sunday in Rogue River, and the stream was being dragged today for more, at various points. The authorities state that some of the ballots were burned in the courthouse, and some carried away in autos and dumped into Rogue River. People living in the vicinity of the courthouse took note of the feverish activity in the rear of the courthouse. Numbers of the autos in which large objects were piled and driven away were noted by citizens, when they suspicioned "something was going on."
    It also developed today that the first arrest in the ballot stealing case was made less than two hours after its discovery, and that the local situation has been under the eyes of outside investigators for the past six weeks. The authorities were reticent on this angle, and refused to amplify the report.
    The climax of the ballot robbery caused a tremendous sensation throughout the length and breadth of Jackson County. The citizenry as a whole demanded that no steps or expense be spared to solve the crime. The most common comment was: "There's no excuse for that kind of stuff." The citizenship in all walks is demanding that the crime be probed to the bottom, and quickly. There was also a determined resentment against "any further quibbling or playing politics or grandstanding."
    The arrest of Sheriff Schermerhorn was a distinct shock to many old friends. He has been a resident of the county for 35 years and is well known among the older residents. For many years he was engaged in contracting and farming.
    No date has been set for arraignment of the men arrested, but it is expected sometime tomorrow or Wednesday. Thirteen warrants were issued Saturday. Most of these have been served.
    Investigators on the case report that between 13 and 18 men were actively involved, and that the crime was "quickly planned, hurried, and bungled."
Medford Mail Tribune, February 27, 1933, page 1


    Warrants signed by city police officer Tom Robinson this afternoon ordered the arrest of Mrs. Henrietta B. Martin. president of the so-called "Good Government Congress," her father, C. H. Brown, secretary of the congress; L. O. VanWegen, and John Doe, on a charge of riotous and disorderly conduct.
    The warrants were issued as a result of Mrs. Martin horsewhipping Leonard N. Hall, editor of the Jacksonville Miner, in front of the Daily News office early Saturday evening. She was allegedly assisted by the others against whom complaints were issued.
Medford Mail Tribune, February 27, 1933, page 1


To the Editor:
    "Now that these arrests have been made, and the Morning News management has been changed, don't you think it would be a good idea to stop this bickering and caterwauling, and let everyone get down to business once more? This hell-raising has not only hurt business, but it has given Medford and Jackson County a black eye all up and down the coast, from which it will take a long time to recover. This is not intended as a criticism of the Mail Tribune. I know what you have done you have had to do. But now that the battle has been won, why not declare a truce, and get our old Jackson County hitting on at least six cylinders again?"
    The above is an extract from a communication, dated February 26th, not for publication, but a "friendly tip to the editor."
    No one would welcome an end to "bickering and caterwauling" more heartily than the Mail Tribune. But unfortunately whether it is to stop or continue does not rest with this publication, but entirely with "the other side," which--so to speak--started the shooting.
    If the circulation of half-truths and falsehoods, from one end of the county to the other, is to STOP; if vilification, character assassination and malicious innuendo against honest and upright public officials is to CEASE; if attacks upon our courts, defiance of our law enforcement officers, harangues about "nooses, ropes, and shotgun weddings" are to be called OFF--in other words if the causes of what our correspondent terms this "bickering" disappear, then the "bickering" WILL disappear. IF THEY DON'T--IT WON'T!
    The decision does not rest with this newspaper, it rests with those who have been doing everything in their power to destroy it.
    The decision does not rest with the peace-loving and law-abiding citizens of this county; it rests with a small group of unscrupulous politicians, who have so poisoned the minds of the unwary and unsuspecting that they hope, through continual dissension and disorder, to feather their own nests, and literally establish a dictatorship.
    The next move is up to them. Not up to this newspaper or the type of citizenship it believes in.
    Whether this community returns at once to peace and normalcy depends ENTIRELY upon those who for several years have been doing everything in their power to destroy it. If they abandon those efforts, it will be peace tomorrow. If they don't, it will be war--war of their own choosing--and war to the FINISH!
Medford Mail Tribune, February 27, 1933, page 4


    We extend our heartfelt thanks to those responsible for the formation of the "Committee of One Hundred."
    If you didn't read the list of names Sunday, look them over. They are representative citizens from all parts of the county, in all walks of life ready to "stand up and be counted," for the maintenance of law and order in Jackson County.
    We want to hand these public-spirited and patriotic gentlemen a few bouquets--which they richly deserve.
    When they signed up, things didn't look as peaceful as they do today. The Daily News was still running under its old ownership, and it was generally supposed it would continue.
    Every man that agreed to stand up and be counted expected to suffer for it. He expected to be maligned, slandered, vilified. He expected to have his business boycotted, and had no way of knowing his life would not be threatened.
    From a selfish, "free and easy" standpoint, these men had everything to lose and nothing to gain by the action they took, BUT from the standpoint of GOOD CITIZENSHIP, they had a duty to perform, and they performed it. Not only PERFORMED it, but every one was on the mark and rarin' to go, just as far as their duty as good citizens NECESSITATED.
    There they are now. And there are hundreds more!
    They want no mass meetings to pep up their emotions, They want no ropes or sawed-off shotguns. They want no trouble if they can possibly avoid it.
    But they do want law and order, the maintenance of an orderly and just government, and they INTEND TO HAVE IT.
    Whatever happens, or doesn't happen, these 100 men, and those who join with them, will, in our judgment, always be entitled to wear in their coat lapels the badge of "courage, loyalty and good citizenship."
Medford Mail Tribune, February 27, 1933, page 4


    Would it be too much to ask that the officers and leaders of the Good Government Congress read over that familiar verse written by William Cullen Bryant, nearly one hundred years ago:
Medford Mail Tribune, February 27, 1933, page 4


    Good medicine is sometimes very bad to the taste. It may he the destruction of Jackson County ballot boxes will turn out to be the evil taste of good medicine for that county's ailing condition. We do not mean to insinuate that the patient would not recover without this particular prescription. Jackson County has too many level-headed and public-spirited citizens to permit such a condition to become chronic. But the ballot-burning may speed the cure.
    It was unthinkable that Sheriff Schermerhorn should make the investigation, for he is the one who wins by the destruction of the ballots. His election was contested by former Sheriff Jennings, write-in candidate, at the November election. Election returns gave the post to Schermerhorn by 123 votes, but Jennings claimed to have been elected by not less than 97 votes and demanded a recount. The recount was to have been started Tuesday. But Tuesday morning ballot boxes containing about 10,000 votes were missing from the courthouse vault. Recount could not be made when the ballots were gone, so the action was dismissed. Later in the day, charred remains of the box frames and ballots were found in the courthouse furnace. But the vault had apparently been entered by breaking an "unbreakable" glass window and the vault doors had not been tampered with. There would seem to be a curious inconsistency in these circumstances.
    Schermerhorn is reputed to belong to the Banks-County Judge Fehl clique,and the ballot theft is a symptom of the ailment from which Jackson County has been suffering for the past two years.
    The hope for Jackson County's early recovery lies in the probability that the state police will get to the bottom of the ballot. scandal. The situation undoubtedly needs a thorough X-raying followed by a few major operations.--(Eugene News).
    Members of the so-called Good Government Congress of Jackson County are suspected of having stolen the ballots in an election contest down there. That's why it has such a hifalutin name. We never knew a professional reformer yet who wasn't crooked, and we have been watching their antics for a good many years.--(Corvallis Gazette Times).
Medford Mail Tribune, February 27, 1933, page 8


    Mrs. Henrietta B. Martin, president of the "Good Government Congress," and L. O. VanWegen appeared before Justice of the Peace William R. Coleman this afternoon on warrants issued late yesterday charging "disturbing the peace, and riotous conduct." Constable George J. Prescott accompanied the pair. Time for arraignment was set for tomorrow morning at 10:00 o'clock. Mrs. Martin and VanWegen were allowed to go on their own recognizance.
    C. H. Brown, father of Mrs. Martin and secretary of the "Good Government Congress," and "John Doe," for whom warrants on the same charge were issued, had not appeared for arraignment at 2:00 o'clock.
    State police, city police, and the district attorney's office rested somewhat today after a week of strenuous effort in their roundup of evidence in the brazen and sensational ballot box robbery from a courthouse vault a week ago.
    Three more arrests were scheduled for some time today in the case, bringing the total to 10.
    Those who have been arrested to date include:
    Earl H. Fehl, county judge; Gordon L. Schermerhorn, sheriff; Walter J. Jones, mayor of Rogue River and recently named road supervisor for that section; C. W. (Chuck) Davis, machinist, named a deputy at the county machine shops by Fehl, and whose pay was a cause of a county court debate; John Glenn of Ashland, county jailer; Arthur LaDieu, business manager of the Daily News when under the control of Banks; Thomas L. Brecheen of Ashland, reputed paid organizer for the "Good Government Congress," and speaker at two of their county auditorium meetings.
    Fehl, Schermerhorn, Jones, Glenn and LaDieu were freed yesterday on $5000 bonds. Brecheen and Davis are reported held in the Josephine County jail at Grants Pass by state police.
    Two youths, described as "courthouse boarders," are still detained by the authorities. Their names have not been officially made public.
    The authorities admitted that their next efforts would be to "tie up the loose ends" of the case.
    Date of the preliminary hearings and presentation of the evidence collected to the grand jury drawn yesterday has not been fixed. It will not be until the authorities have completed their case.
    The authorities continued to maintain an attitude of discreet silence relative to the evidence collected on the theory that it should first be revealed in a court, and to the grand jury.
    The officers reported this morning that a number of men from Klamath County and Northern California, attracted here by the turmoil, "have taken it on the lam" since the weekend. They were not wanted, even for questioning. Five of the missing men were almost constant frequenters of the courthouse corridors. It is known that several of the class received provisions at the county commissary.
    Mrs. Henrietta B. Martin, president of the "Good Government Congress," was scheduled to be served with a warrant this afternoon, charging "disturbing the peace and riotous conduct." Her father, C. H. Brown, secretary of the "Good Government Congress," and L. O VanWegen were also expected to be served with warrants this afternoon on the same charge.
    Leonard N. Hall, editor of the Jacksonville Miner, and the target for a whip in the hands of Mrs. Martin last Saturday evening, was detained by the authorities last night for two hours. Hall was brought to the police station when reports were telephoned the officers that a crowd was collecting near the courthouse and near DeVoe's [northeast corner of Main and Oakdale] in anticipation of an attempt to hold a "Good Government Congress" meeting in the courthouse, contrary to the county court's order. For the most part, they were curiosity seekers. State and city police took Hall to the city hall. The crowd dispersed shortly thereafter. Hall was allowed to go about 10 o'clock.
    A wave of wild rumors swept over the county yesterday, but today they were subsiding, and the public as a whole was not giving credence to them. The public attitude was crystallizing fast, a majority holding that the future peace and relief of the community tenseness would best be relieved by waiting for developments, and maintaining calmness.
    Hundreds of letters and phone calls have been received the past two days from citizens, pledging support to constituted authority, and in some instances offering confirmatory evidence of that already given or known. Many messages conveyed the thought that it would be best for all to reflect before passing judgment, and to disbelieve any rumor or report that savored of propaganda. The promises of support came from all sections of the county.
Medford Mail Tribune, February 28, 1933, page 1


    The "Citizens Committee of 100" desires that all registered voters of Jackson County, Oregon, who support the principles upon which this committee is founded, and who desire to become known as affiliated with the committee in its work, should sign the blank below and mail it in to the committee.
    The objects and purposes of this committee, as set forth, are as follows:
    I desire to lend the weight of my influence to the furtherance of the above objects, and authorize the publication of my name as associated with the Committee of 100 for that purpose.
Name_______________________________________________
Address______________________________________________
Medford Mail Tribune, February 28, 1933, page 1


    We are going to hear less in the future about the "breakdown of law and order in Jackson County."
    For two reasons . . . One of them is because the editor who BROUGHT ON THAT BREAKDOWN by his incendiary utterances is today without a newspaper in which to express himself. The other is because the breakdown itself is being patched up.
    You can go back in time and out in distance a long way before you will find a situation like the one that has held our sister county tied up in knots for these last few hectic months. Where you would look for its equal for utter absurdity, we can scarcely imagine.
    Without the depression it could not have happened. Without some fire of steady official dealings, all of the smoke of editorial charges could not have arisen. And without editor L. A. Banks to bring out and top off the whole sorry mess, a thing that proved finally almost a public uprising would have been a complete impossibility.
    Mr. Banks has this peculiarity: Say "yes" to everything he says, and you are a fine fellow. But if the proper answer is "no" and you dare say it you become immediately an arch-criminal, and the man has no hesitancy in writing it all up and printing it, to the large and cantankerous consternation of many a Medford citizen. Before the end this included nearly all of them, or at least the leading ones.--Grants Pass Courier.
Medford Mail Tribune, February 28, 1933, page 4


    "What a sucker I have been!"
    Thus eloquently a former member of the Good Government Congress announced his resignation from that organization, and swore he was going back to the ranch and kick himself around the 40 acres.
    Scores of other Jackson County residents, who signed on the dotted line in good faith, feel the same about it.
    They realize now that they were easy marks. They were "used." The revelations of the past week have convinced them, where months of counterpropaganda failed to. The inside leaders of the organization did the job far more effectively than their opponents could have done it for them.
    The persons criminally GUILTY of the pillaging of the courthouse and the overturning of popular government, through robbery and arson, are not yet known. Every suspect arrested is entitled to the assumption of innocence until the contrary is known.
    But, enough IS known to make the place the Good Government Congress occupied in the picture obvious to all.
    Just a few moments spent in thoughtful analysis of the situation shows the "handwriting on the wall."
    Perhaps those actually guilty of criminal action were merely innocent dupes; perhaps they were responsible members of the congress, carrying out a definite and lawless plan. No one can know until all the evidence has been revealed and our courts and juries have rendered a decision.
    But that the INFLAMMATORY agitation and DESTRUCTIVE propaganda; the FALSEHOODS and HALF-TRUTHS, which leaders of this congress sanctioned, WERE responsible for the most serious threat to orderly government and constituted authority in the history of Southern Oregon there can be little doubt.
    This sacking of the courthouse has done more to clear up the mess, return Jackson County to normalcy and peace than anything the REAL supporters of law and order could have said or done.
    "By their works ye shall know them!"
    Over a week has passed since the courthouse was broken into and the ballot boxes destroyed.
    And yet not ONE WORD, official or unofficial, from the leaders or from the rank and file of an organization claiming to be devoted to the principles of good government, condemning, condoning or EVEN MENTIONING this outrage!
    What need is there of saying more!
Medford Mail Tribune, February 28, 1933, page 4


    SALEM, Feb. 28.--A bill to annex Medford to China if that city does not change its brand of warfare was one measure on the "third house" calendar which passed unanimously last night.
    Waiting their chance to gain control of the legislative halls, the third house members (composed of lobbyists and newspaper men) in one hour disposed of six weeks of "unfinished business," much to the mirth of the packed gallery (made up of duly elected solons and amusement seekers).
    The third house session opened with fanfare and ended with foaming beer. In the middle was sandwiched beautiful bathing girls, who acted as stenographers, and "pestiferous" lobbyists who were cut off by siren whistles.
    Sergeant-at-arms Joe Singer was suddenly transformed into Governor Julius Meier and was escorted into the session to the deafening routine of the Salem drum corps.
    The bogus election of a speaker started the show of clever impersonations. Legislators characterized were the fiery Frank Lonergan, the allegedly communistic Representative Olsen, the scholarly Senator Woodward, the expansive Ben Nichols and others of outstanding personality.
    Acting as pages in the third house session were two-hundred-pound men with colorful tarlatan skirts and painted lips. These, of course, carried on extensive flirtations with the overly susceptible "solons," and did bits of aesthetic dancing during the discharge of their legislative duties.
    Besides the Medford annexation bill which was "referred to the military affairs committee," there was a take-off on the recent mosquito control bill. This latter suggested crossing the mosquito with the flea, calling the new product bee-squeaks and "declaring an emergency."
Medford Mail Tribune, March 1, 1933, page 1


    Mrs. Henrietta B. Martin, president of the so-called "Good Government Congress," her father, C. H. Brown, secretary of the organization, and L. O. VanWegen and L. E. Fitch, asserted members, entered pleas of not guilty this morning before Justice of the Peace William R. Coleman, when arraigned.
    Through their attorney, T. J. Enright, a jury trial was requested, and the court set Friday morning at 10 o'clock as the time for the hearing.
    VanWegen, arrested a week ago last Sunday on a concealed weapon charge, was arraigned, entered a plea of not guilty, and his trial was set on this count for tomorrow. The city police have the revolver.
    Mrs. Martin appeared carrying a large Bible. The small courtroom was packed with people, with many in the hall. Many residents of the city, who heretofore have not appeared at the gatherings, were in attendance, manifesting a deep interest in the affair. The crowd was good-natured, and laughed. The expected tenseness was not manifest.
    The charge of "riotous conduct and disturbing the peace" against the four defendants is the outgrowth of the attempted buggy-whipping last Saturday by Mrs. Martin of Leonard Hall, editor of the Jacksonville Miner. State and city police halted the alleged attack shortly after it was started. The warrants against the four were sworn to by city officer Tom Robinson.
Medford Mail Tribune, March 1, 1933, page 1


    State police and city police and the district attorney's office continued today their activities in investigation of the brazen and audacious ballot box robbery in the court house the night of January 20. The authorities refused comment upon the latest angle of their probings, or to divulge the nature of the evidence and clues, except in a fragmentary manner.
    The authorities admitted, however, that one of the men for whom a warrant was issued has disappeared during the past three days and that his present whereabouts is unknown. He was reported as active in organization of the "Good Government Congress," and for a time one of its chief orators.
    The authorities also admitted that they were "rounding up the loose ends" in the case, and that reports made by citizens of what they saw on the night of the ballot theft had provided much corroborative testimony.
    The officials would neither confirm or deny the report that valuable documentary evidence in the shape of a letter had been turned over to the authorities. They refused to tell the content of the letter, or its author. They said it had been received by a woman in an upstate city.
    H. Von Schmalz of Burns, Ore., informed the district attorney's office this morning that he had been retained as counsel for County Judge E. H. Fehl. Attorney Von Schmalz is well known in Eastern Oregon legal circles. He was a candidate recently for district attorney of Harney County.
    John Glenn, county jailer, arrested Saturday and detained by state police in the Josephine County jail, was released yesterday on $5000 bonds, with Rankin Estes, W. E. Pinney, J. B. Thomas, and Albert Jones as bondsmen. Glenn was reported to have returned to his official duties in the court house.
    Steps were reported as under way late yesterday to secure the release on bonds of T. L. Brecheen of Ashland, reputed paid organizer for the "Good Government Congress," and C. W. (Chuck) Davis, mechanic, whose recent appointment as a deputy at the county machine shops caused a slight flurry.
    No arrests were made yesterday or today by the authorities in connection with the case. They hinted that more arrests were scheduled.
    Citizens throughout the county reported to the authorities that a number of fantastic rumors were in circulation Monday and Tuesday. They were disregarded as a rule as "propaganda," and to be expected as an aftermath of the sensational arrests.
    A calmer attitude prevailed today, and there were even fewer wild reports in circulation. There was a rush of people in all sections of the county to pledge their support to the "Citizens Committee of 100," which has for its objective the end of the turmoil and the restoration of normalcy. Public opinion is crystallizing against further agitation of any nature.
Medford Mail Tribune, March 1, 1933, page 1


    County Judge Earl H. Fehl at about 15 minutes of 12 today issued a warrant for the arrest of Chief of Police Clatous McCredie on a charge of contempt of court when he refused to appear before Judge Fehl this morning on the service of four habeas corpus writs in connection with arrests in the ballot theft case, according to the judge.
    "That warrant will be served if it shakes the very foundation of Jackson County," Judge Fehl told the Mail Tribune this afternoon, and said that the warrant had been placed in the hands of the deputy sheriff. It said the sheriff had been directed to serve the warrant.
    Chief McCredie had not been located at 3 o'clock this afternoon, and as far as could be learned, the warrant had not been served.
    "There is no proper warrant out for the arrest of Chief McCredie as far as this office is concerned," was the statement made by the district attorney's office this afternoon, "because of the fact that Judge W. M. Duncan shortly before noon ordered the county court to desist and refrain from any further action in connection with the writs."
    A certified copy of the judge's order, which was issued shortly before noon, was filed in the clerk's office at 1 o'clock and served on the sheriff shortly thereafter, according to the district attorney's office. This makes any action by the sheriff in connection with the service of the warrant illegal, as the bench warrant is said by the district attorney's office not to carry the proper seal.
    The certified copy of Judge Duncan's order was delivered to Judge Fehl at 1:48 p.m., according to Deputy District Attorney George W. Neilson, and it was reported at the courthouse that Judge Fehl threw the copy back into the county clerk's office from the court chambers.
    Fehl said this afternoon that he probably issued the warrant "about 15 minutes of 12," and added: "A warrant isn't time."
    When he appeared before Judge Duncan in circuit court this morning concerning the affidavit of prejudice and the motion of appeal filed, Fehl was reported to have denied both the prejudice and appeal.
    An appeal to higher court is possible, under the law.
    The district attorney's office expressed the opinion that Sheriff Gordon L. Schermerhorn was liable for his bond as an officer, as well as personally, if he proceeded to serve the warrant issued by Fehl after having seen the circuit judge's order.
    A restraining order prohibiting County Judge E. H. Fehl from exercising any judicial powers in the Jackson County ballot theft and destruction cases, in which he is a defendant, was signed early this afternoon by Circuit Judge W. M. Duncan of Klamath County, presiding in this district.
    Restraining order signed by Judge Duncan says the county judge is "ordered and directed to certify the records in the case, and transmit same forthwith to the circuit court."
    The order also directs that the county judge "desist and refrain from any further action in said criminal matter"--the ballot robbery case.
    A certified copy of the restraining order was placed in the hands of Sheriff Schermerhorn for service.
    Application for the restraining order was filed this morning, following the denial by Fehl of motions filed with him seeking an appeal from the county court to the circuit court, and filing of affidavits of prejudice against Fehl. The action followed the move of Fehl late yesterday, issuing writs of habeas corpus for J. Croft and Virgil Edington, held in the city jail, and T. L. Brecheen of Ashland and C. W. (Chuck) Davis, held by the state police in the Josephine County jail at Grants Pass. A habeas corpus writ was also issued in circuit court by Judge W. M. Duncan for C. W. McKitrick, reputed leader of the "Greenspring Mountain Boys." It is returnable tomorrow.
    The affidavits of prejudice were signed by Chief of Police Clatous McCredie, and set forth that a "fair and impartial hearing could not be obtained," and that Fehl was a codefendant with the other defendants in the ballot theft case
    It was contended that Brecheen and Davis, held in Josephine County, were outside the jurisdiction of the county court and county judge.
    The habeas corpus proceedings were made returnable this morning at 10 o'clock. At that hour the district attorney's office had not prepared its motions, which were not filed until 11 o'clock.
    Further steps to end the turmoil in Jackson County and restore normalcy were manifest today.
    The Ashland Tidings today editorially requested that County Judge Fehl and Sheriff Gordon L. Schermerhorn, both arrested in the ballot-theft case, and at liberty on $5000 bonds, "temporarily resign to restore peace." An early trial for all arrested in the case was also urged.
    There was a persistent, but unconfirmed, report that Sheriff Schermerhorn would withdraw from the office, "turning it over to an appointee of the governor, until the pending case was settled." It was also reported that the surety company providing bonds for the sheriff in the sum of $40,000 was considering action.
    Late yesterday it was announced John Glenn of Ashland, named county jailer last January, had withdrawn, and that Clark Thomas, deputy jailer, was temporarily filling the post. Glenn, among the first to be detained in the ballot theft investigation, was released on $5000 bonds. Glenn was reported as ill. The last grand jury recommended that the post of deputy jailer be discontinued, as no provision for it was made in the budget.
    Semi-official confirmation of the report that federal operatives have been in the city and valley for the past five weeks was made today. There was no confirmation of the report that dictaphones had been installed in this city several times during the past month. The authorities admitted that they had in their possession an incriminating letter written to a woman upstate, who turned it over to the local officers.
    No additional arrests were made today in the ballot thefts, and at least one, and maybe more men, wanted, have disappeared from their accustomed haunts.
    The police are detaining in the city jail a man whose name they refuse to divulge. He came here from California early in January, and has been active in local agitation ever since. He posed as a "Banks bodyguard." Police claim he has been a steady patron at the county commissary. The authorities report that several transients. who have been living here the past six weeks, have departed the past two days.
Medford Mail Tribune, March 2, 1933, page 1


    A decision in the case of L. O. VanWegen, charged with carrying a concealed weapon, was deferred "for four or five days" this morning by Justice of the Peace William R. Coleman, after hearing the testimony. The action was taken to allow attorney T. J. Enright to file a brief in the case.
    According to the testimony VanWegen admitted the possession of the revolver, but claimed it was not loaded. He said he had been acting as a "guard at the News" during the Banks regime, and that he was hired by Arthur LaDieu, former business manager of the paper.
    A smaller crowd than usual heard the proceedings.
    The trial of Mrs. Henrietta B. Martin, president of the so-called Good Government Congress, her father, C. H. Brown, secretary of the organization and L. E. Fitch and L. O. VanWegen, charged with disturbing the peace and riotous conduct in connection with the attempted buggy-whipping of Leonard Hall, Jacksonville Miner editor last Saturday evening, is scheduled to be heard in justice court tomorrow morning.
Medford Mail Tribune, March 2, 1933, page 3


    Warrants for arrest have been served on the following residents of Jackson County in the political turmoil:
    In connection with the ballot theft--
    County Judge Earl H. Fehl;
    County Sheriff Gordon L. Schermerhorn;
    T. L. Brecheen, organizer of the Good Government Congress;
    John Glenn, county jailer;
    C. W. Davis, county machinist;
    Walter J. Jones, mayor of Rogue River, and recently appointed district road supervisor by Judge Fehl;
    Arthur LaDieu, ex-advertising manager of the Medford Daily News.
    C. W. McKitrick, alleged leader of the Green Springs mountain boys, reputed body guard of L. A. Banks, former editor of the News, and also for LaDieu;
    Virgil Edington and J. Croft.
    County officers are holding warrants for six others in connection with the robbery.
    Four are charged with horsewhipping editor Leonard N. Hall of the Jacksonville Miner.
    They are--
    Henrietta B. Martin, president of the Good Government Congress, who wielded the whip;
    Her father, C. H. Brown, secretary of the congress;
    L. O. Van Wegen and L. E. Fitch.
    Saturday, February 25, was a red-letter day for developments in the political turmoil prevalent in Jackson County for several months, and brought to a head by the theft of sheriff-recount ballots Monday of last week.
    It saw the arrest of County Sheriff Gordon L. Schermerhorn for the ballot theft; the reopening of the much-publicized Dahack case; the dispossession of L. A. Banks, fiery editor of the Medford Daily News, of his plant; and the horsewhipping of editor Leonard N. Hall by Henrietta B. Martin, president of the Good Government Congress.
    Close on the heels of these events followed the arrest of County Judge Earl H. Fehl in the ballot theft, along with other county employees, and several members of the Good Government Congress, whose names are listed above.
    Thursday morning papers  confirmed the rumor that Virgil Edington of Gold Hill is one of the youths involved. He has been employed by L. A. Banks as a paper carrier, and later is alleged to have done bodyguard duty for him and J. A. LaDieu.
    Mrs. Martin and others held in the horsewhipping matter were arraigned for hearing before Justice W. R. Coleman Wednesday afternoon. Trial was set for Friday morning at 10 a. m.
    Latest developments in the ballot theft was the issuance of writs of habeas corpus for five of those arrested, namely, C. W. Davis, T. L. Brecheen, Virgil Edington, J. Croft and C. W. McKitrick.
    Judge Fehl issued the writs for the first four and the question has arisen if he has authority to hear the case, being himself a defendant in the matter. Also two of the prisoners, Davis and Brecheen, are held in the Josephine County jail, and there is doubt as to the power of the county judge over the sheriff of another county.
    The writs of habeas corpus demand the appearance of the prisoners at a given time to show cause of their detention.
    The reopening of the Dahack case came as somewhat of a surprise move, but is being made in the hope that another phase of the unrest in the county may be cleared up. Officer Joe Cave is held charged with involuntary manslaughter in connection with the death of Everett Dahack, allegedly killed by a bullet from Cave's gun fired during a raid on a Reese Creek still November 14, 1930. The matter has been investigated by two other grand juries, but the hesitancy of three men held for operating the still to testify prevented a true bill being returned. They have since served their sentences and last week were willing to talk.
    Cave's indictment charges "that said Joe Cave in the commission of a lawful act, but without due caution or circumspection, fired a rifle in the proximity of Everett Dahack, causing his death."
Gold Hill News, March 2, 1933, page 1


    Something of a lull came today to this rumor-racked county, long torn by the fury of political wars. Due to the three-day moratorium it was a non-judicial day in the courts, so legal maneuvers lagged, though some were threatened.
    Early this morning, County Judge E. H. Fehl, accompanied by attorneys T. J. Enright of this city and H. V. Schmalz of Burns, appeared in the county clerk's office and made a request of County Clerk George R. Carter for bench warrants. The same request was denied yesterday, and was denied again today.
    The morning brought forth no new moves in the restraining writ issued by Circuit Judge William M. Duncan yesterday, prohibiting the county judge from essaying any further action in the ballot theft case, in which he is charged as a co-defendant. The county judge was defiant of the order of the higher court.
    Interest shifted to Justice of the Peace William R. Coleman's court, where Mrs. Henrietta B. Martin, president of the so-called "Good Government Congress," her father, C. H. Brown, secretary of the organization, L. O. VanWegen and L. E. Fitch were scheduled for hearing on charges of disturbing the peace and riotous conduct. The warrants grew out of the attempt of Mrs. Martin to lash Leonard Hall with a buggy-whip last Saturday night in front of the Daily News office. Hearing of the case was continued until Monday, because of the bank holiday and non-judicial day.
    The jury had been selected, and seats, which filled early, placed in the small courtroom. More women than usual were present. The hallway was crowded. Before the motion for the necessary continuance was made by Deputy District Attorney Neilson, the court administered a stern rebuke to a spectator, a miner and reputed Good Government Congress advocate. The man told the court that he "was prepared to meet any frame-up" against him. Justice Coleman warmly retorted that this was "the second time" similar imputations had been made, and declared, "I want to hear nothing further of this nature."
    C. H. McKitrick, said to be the leader of the "Green Springs Mountain Boys" and one of the "L. A. Banks bodyguards," held by the authorities in connection with the ballot robbery, was ordered released on $1000 bonds, signed by E. Schollars and G. W. Mosher, residents of this city.
    The court admonished Attorney T. J. Enright, representing McKitrick, "to tell him to stay home and take care of his family, and I would tell McKitrick the same thing if he was in court." Attorney Enright told the court that his client was a married man, residing on Laurel Street, "and has a little girl."
    Bondsmen Mosher and Schollars were questioned at considerable length relative to their qualifications as bondsmen. The court read the oath to them, explained its features and expressed doubt that they were qualified. The court, however, approved the bond. Mosher was frank and explicit in his testimony, and told the court that the matter of bonds was gone into rather thoroughly, "as a matter of safeguarding public interest." The official expressed the belief that McKitrick would not leave the jurisdiction of the court. Attorney Enright also expressed the view that he would not. The deputy district attorney held that the "moral influence was at issue," and decried the "picking up of bondsmen on the street." Attorney Enright explained to the court that the bondsmen were not produced by himself.
    No new arrests were scheduled for today in the ballot-theft matter, but the authorities continued their search for half a dozen men, wanted for questioning and on warrants, who have disappeared since last Sunday. Their whereabouts are unknown. Before the arrests started most of the lot were continuously on the streets of this city. The authorities also reported that exodus of "strangers," who have been conspicuous on the streets of this city and around the courthouse since last January, continued. Included in this group were a number known to be commissary patrons.
    The state and city police and the district attorney's office were busy mobilizing the evidence that will be presented to the new grand jury in the ballot theft and destruction charges. The inquisitorial body is scheduled to convene early next week. Theodore J. Bell, Jr. of the Talent district is foreman. The non-judicial days, as a result of the bank moratorium, will enable the authorities to assemble essential evidence, without the handicap of usual routine matters.
    The authorities refuse to reveal any information as to the number of witnesses, or the nature of their testimony, or the number of confessions that have been made.
    A decided sentiment has been manifested throughout the county the past two days that the county judge and sheriff should "temporarily" withdraw from their offices until the charges against them are finally decided. The Ashland Tidings yesterday editorially favored this course. Citizens generally feel such a course would aid "harmony and peace."
Medford Mail Tribune, March 3, 1933, page 1


    Earl H. Fehl, as county judge, continued today his efforts to have a bench warrant, issued by him yesterday, served upon Chief of Police Clatous McCredie.
    Sheriff Gordon L. Schermerhorn this afternoon told a group of friends in the court room that he had refused to serve the warrant. "I have the restraining order, and am not going to stick my head in a poke," the sheriff said.
    A court house report said Fehl was planning to name a special deputy to serve the warrant upon Chief McCredie, who was at the city police station.
    Coroner Frank Perl was also called upon by Fehl to serve the warrant. Coroner Perl also refused. the district attorney's office reported.
    It was also reported that bench warrants were proposed for Captain Lee M. Bown, head of the state police for the southern Oregon district, and District Attorney George A. Codding and his deputy.
    Yesterday Circuit Judge W. M. Duncan issued a restraining order prohibiting Fehl from taking any further action in the ballot theft case, in which he is a co-defendant. This action followed the county judge's denial of an affidavit of prejudice and an appeal to the circuit court.
    Chief of Police McCredie, on a writ of habeas corpus issued by the county judge, was directed to produce J. Croft, Virgil Edington, T. L. Brecheen and C. W. Davis. Brecheen and Davis are in the Josephine County jail at Grants Pass, held by the state police. Edington was released yesterday on bail. Croft, a recent arrival in this city, is still detained in the city jail. All were held on the ballot theft charge.
    Sheriff Schermerhorn, the district attorney's office said, had instructed his deputies not to serve the warrant on the chief of police.
    Fehl yesterday, when served with the restraining order, threw it on the floor and threatened Judge Duncan with arrest, and threatened action against the circuit judge.
Medford Mail Tribune, March 3, 1933, page 7


    We heartily approve of the suggestion of the Ashland Tidings that County Judge Fehl and Sheriff Schermerhorn resign, so that peace may be restored in Jackson County, and this everlasting strife and discord cease.
    Such action should be taken by these two important officials not only in justice to themselves, but in justice to the people of Jackson County.
    Regardless of the outcome of the charges against them, there is no doubt whatever of this:
    That Judge Fehl, in the minds of the right-thinking people of Jackson County, has disqualified himself to serve them further in any judicial capacity, until the ballot destruction case is cleared up.
    That whoever were guilty of the pillaging of the court house and the destruction of the ballots, this crime WAS committed and Sheriff Schermerhorn was, and is, the beneficiary of it.
    As conditions now exist the positions of county judge and sheriff are extremely important, in the matter of exonerating the innocent and bringing the guilty to justice. These offices should therefore be occupied by individuals WHO ARE ABOVE ALL SUSPICION, and can have no selfish interest to serve.
    The impropriety of Judge Fehl holding office at such a time is clearly demonstrated by his attempt to take drastic judicial action, in a case in which he is HIMSELF INVOLVED. As a member of the Good Government Congress not only has he refused to make any public statement condemning this crime against good government, but in his official acts endeavoring to assume authority in this case, he has clearly indicated his sympathies are with those suspected of having committed the most serious crime against orderly government and constituted authority in the history of Southern Oregon.
    SUCH A SITUATION IS INDEFENSIBLE AND INTOLERABLE. The suggestion of the Ashland Tidings shows clearly what the sentiment in that part of the county is. We are certain the same sentiment exists here, and throughout the county at large.
    THIS SUGGESTION INVOLVES NO ASSUMPTION OF GUILT. It rests solely upon what is best for Jackson County and its people at the present time--and what we honestly believe will be the best for the two officials concerned.
    Such action would not only greatly facilitate the restoration of law and order, the prompt attainment of justice; but it would demonstrate to all that both Sheriff Schermerhorn and Judge Fehl are willing to do their share in restoring peace and harmony to this sadly harassed community at the earliest possible time, and as interested parties are glad to step out, SO THAT MAY BE DONE!
Medford Mail Tribune, March 3, 1933, page 8


    Yesterday was a day of wild rumors in the strife and turmoil that has beset Jackson County for the past two months.
    The most widely circulated rumor was that former Sheriff Ralph G. Jennings, and his two sons--Paul Jennings and Louis Jennings--had been arrested by "government secret men." The report was termed baseless and fantastic in the extreme. It gained wide circulation in some of the country districts, in the north part of the county.
    Earl H. Fehl, as county judge, refused comment upon the report that he had issued warrants for Chief of Police Clatous McCredie, Sheriff Gordon L. Schermerhorn, and Coroner Frank A. Perl. Fehl stated over the telephone that he "was not telling anything to the newspapers." It was reported that Fehl planned to name a "deputy constable" to serve warrants. The coroner and sheriff Friday refused to serve a warrant on Chief McCredie, in defiance of the circuit court's restraining order.
    The district attorney's office spent yesterday working on the evidence in the ballot theft and destruction case for presentation to the grand jury, of which Theodore J. Bell, Jr., is the foreman. The exact date for convening of the inquisitorial body is problematical. It cannot be convened upon any of the non-judicial days occasioned by the bank moratorium. It is probable that the grand jury will consider all the testimony gathered in the ballot stealing charges. The authorities still refuse to make public any of the evidence, or deny or affirm that a number of confessions and statements have been made.
    There were no new arrests in the case yesterday, though a still hunt continued for a half dozen men wanted on warrants or for questioning in the case.
    Efforts of attorney T. J. Enright to secure the release of T. L. Brecheen of Ashland and C. W. (Chuck) Davis of this city, arrested a week ago, and now held in the Josephine County jail, were postponed. Justice of the Peace William R. Coleman refused to approve the bond until the bondsmen had been examined for their qualifications. Bonds were proffered in the sum of $5000 each.
    Saturday was one of the calmest days in weeks at the courthouse, and the main hallway was practically empty most of the afternoon, save for a dozen or so men, gathered in groups. It was a non-judicial day, and less than normal business was transacted by all of the county departments.
Medford Mail Tribune, March 5, 1933, page 1


    A challenge to certain members of the Good Government Congress to come out in the open and lay their cards on the table was made yesterday by R. H. Burton, who proudly declared he had been "spying" on the activities of that organization, and believed such activities, if not checked, would lead to serious harm.
    "I was stopped by three men at Sixth and Grape Friday," said Burton, "and one of them claimed I was a spy for George Codding and staying around the court house.
    "I said I was staying around the court house and that I saw members of the congress going through the files in the county court house. And I also heard them charge George Codding with protecting a horse thief, and I asked them to name the thief and take the evidence before the district attorney. But they refused, and for a good reason, because it is all a lie, just like the other lies. So I advise any person hearing one of these rumors to go to headquarters and find the truth.
    "And I want to say another thing to the people of this county, to those who are law abiding and send their children to schools. That school house was built by the taxpayers' money; it educates your children; it gives them warmth during cold and bad weather. The law protects them, protects your home, protects your children as they go to and from school.
    "So stop and think--what is this coming to? How can intelligent people be led astray by the remarks of a fanatic that is appealing to every district 'even if it's going to shake Jackson County to its foundations.' He is going to make every home tremble and take the bread out of the mouths of your women and children.
    "I say stop and think, people. Before coming to Medford in a body to protest against enforcing the laws on the statute books--look around home, see if there isn't a fence to fix, a gate to mend, some repairs to the house to be made. If you can't find any of these things, look at your wife and children and see if they won't miss you if things continue this way. If you have a grievance, take it to the proper authorities. If you want a change, circulate a petition and get signers to it. But don't follow these fanatics, who just want to use you to gain their destructive and selfish ends."
Medford Mail Tribune, March 5, 1933, page 5


    Standing on the courthouse steps this afternoon before a crowd estimated at 1000, L. A. Banks, honorary president of the so-called "Good Government Congress" and former editor-orchardist, declared:
    "I have written the governor, the supreme court, Rufus Holman, and other officials, that unless justice is restored, I will take the field--take the field in revolution."
    The startling statement was greeted with amazement, laughter and cheers, as Banks ceased, apparently laboring under a strain. The meeting was abruptly turned into "a tour of the courthouse" after Banks' fiery words.
    Banks, earlier in his remarks, discussed his own troubles vehemently and said "I have had $200,000 worth of property taken from me, and I see some of the criminals who took my paper in the audience."
    Of the estimated 1000 present, less than one-third were in sympathy with the movement, and practically all the applause came from the group on the courthouse steps, with scattered hand clapping throughout the crowd. Most of those present were drawn by curiosity. Special officers were plentiful in the crowd.
    Banks also paid his respects to the "gang" and policeman Joe Cave, who he declared "had questioned our boys in the ballot theft, when they were held, in a worse manner then ever was known."
    The crowd disbanded after Banks' tirade. Some remained to accept the invitation to inspect the courthouse. Mrs. Henrietta B. Martin, presiding at the meeting, urged all "to maintain order--it's always order with the Good Government Congress," she smiled.
    County Judge Earl H. Fehl addressed the audience. He declared that "he was the judge for all the people" and read the motion signed by the commissioners, denying the use of the assembly room. He declared that the commissioners have "charge of everything now--your labor and your relief.'' The county judge also impugned the motives of the "Committee of 100" and made serious accusations against attorney O. C. Boggs
    The meeting. the county judge said, was called as "a protest" against the action of the two commissioners in voting to close the auditorium. The protest did not meet with response.
    Henrietta B. Martin, president of the "Good Government Congress," made the opening remarks. She asked the crowd to stand in silent prayer in respect to the late Senator Walsh and Mayor Cermak. She praised the inaugural address of President Roosevelt, and the Constitution, and then launched into an attack on the mythical "gang."
    Mrs. Martin, replying in part to the Mail Tribune editorial query why the "Good Government Congress" had not condemned ballot theft in the courthouse, said:
    "The ballots should never have been counted, owing to the condition they were inn and should have been destroyed months ago.
    "This hullabaloo has been raised to take the people's minds off the liquor stolen from the courthouse, and I would not he surprised if there was not a close connection between the two."
    C. H. Brown, father of Mrs. Martin, stood beside her at the opening of the meeting. A warrant was issued Saturday for his arrest.
    Mrs. Martin also explained her own attack upon Leonard Hall, and explained she had been before the grand jury "four times, and when they failed to act, took matters in her own hands."
Medford Mail Tribune, March 6, 1933, page 1


    Up to noon today, the authorities had been unable to find C. H. Brown, secretary of the "Good Government Congress," for whom a warrant alleging violation of the state banking law was issued last Saturday evening. The warrant is based upon that section of the state code prohibiting circulation of false and malicious innuendo against a banking institution. Early apprehension was predicted.
    A diligent search was instituted for Brown Saturday night, and he was not circulating around the streets or at the courthouse this morning. He has been a daily figure in both places since the first of the year. He has been actively engaged for two months in the current turmoil.
    A week ago, he was questioned by Commissioner Nealon about meals he had allegedly been enjoying in the county jail. A stormy scene followed when Brown was asked on whose authority he was dining at county expense.
    The warrant now issued for Brown is based upon a signed statement by him, which appeared on the front page of the last issue of County Judge Fehl's weekly, the Pacific Record Herald. The statement declared that money was being removed from a side door of the Farmers & Fruitgrowers Bank, contrary to the governor's banking moratorium. Emphatic denial, and a clear explanation was made by William A. Gates of Gates & Lydiard, in the Sunday papers. The article, it is alleged, tended to sow suspicion in the minds of people, and its publication created a firm public demand for action to curb further baseless rumors.
    There were no further arrests today in the courthouse ballot robbery case. The district attorney's office was busy assembling the evidence for presentation at the forthcoming session of the grand jury. All legal action in connection with the arrests is marking time, pending the ending of the bank moratorium. The authorities are still looking for a half dozen men, wanted on warrants or for questioning, who disappeared from their accustomed haunts the past week.
Medford Mail Tribune, March 6, 1933, page 8


    The Jackson County Unemployed Council, through its secretary, O. H. Goss, today issued the following detailed statement to the "unemployed members of the Good Government Congress":
    Yesterday, Monday, March 6, a representative of the Unemployed Council of Jackson County made arrangements, through County Judge Fehl, to speak for a few minutes upon UNEMPLOYMENT and RELIEF in Jackson County at the meeting to be held at the court house. It is a fact that Mr. Llewellyn A. Banks and Mrs. Henrietta B. Martin were fully aware that a short address was to be made upon RELIEF and UNEMPLOYMENT. In addition, perhaps one-half of the unemployed workers present were also aware of this fact. Despite this, Mrs. Henrietta B. Martin deliberately closed the meeting following Mr. Banks' remarks without having announced the unemployed representative who stood near by.
    Immediately after the meeting Judge Fehl expressed surprise that the unemployed were denied a voice at the meeting.
    Questioned by the Unemployed Council as to her reasons for the tactics employed, Mrs. Martin replied: "Mr. Goss did not ask me PERSONALLY. I AM THE PRESIDENT of the Good Government Congress, NOT JUDGE FEHL."
    One can only conclude from this, as well as past actions, that neither Mrs. Henrietta B. Martin or Llewellyn A. Banks are interested in the employment of the unemployed or relief of the needy, but are using the unemployed workers for their own selfish ends and are capitalizing upon their misery and destitution in a vain attempt to bring about certain political reforms that have no bearing upon the needs of the workers.
    The Unemployed Council is in a position to prove that L. A. Banks ENDORSED the principles and program of the Unemployed Council weeks before the organization began to function. However, he soon saw that there was nothing in the program that would aid him in his fantastic self-seeking schemes. His later denouncement was anticipated before it occurred.
    The Unemployed Council feels quite safe in stating that Mrs. Henrietta B. Martin has not uttered a single informative sentence in public. An analysis of her speeches will readily show that they could have been composed by any school girl.
    This is a time for action and a time for serious constructive thinking, and anyone with a voice or a newspaper who does not use it to promote the interests of those most in need should have no claim upon public support. The Unemployed Council makes this statement of its own free will and in the best interests of the unemployed workers and poor farmers of Jackson County.
    We wish to extend an invitation to Mrs. Henrietta B. Martin and Llewellyn A. Banks to debate at any time or place a representative of the Unemployed Council upon the following subject: Resolved, That the unemployed workers and impoverished farmers of Jackson County have nothing in common with Llewellyn A. Banks and can gain nothing by following his false leadership.
    The Unemployed Council principles and program can be lifted bodily from the inaugural address of President Roosevelt. A meeting will be held Wednesday at 2:30 p. m., to again outline these principles and program, as well as certain phases of the local political situation which apply to the unemployed in general. This meeting will be held in the civic auditorium in the county court house and everyone interested is cordially invited to attend. Order will be maintained.
Medford Mail Tribune, March 7, 1933, page 1


    For a long time we have been told there are many sincere and honest people in the Good Government Congress, who are GENUINELY devoted to advancing the cause of good government in this community.
    To them, and them only, these words are addressed.
    If you believe in good government then you must believe in the law--upholding the law, equality before the law, the securing of reforms, in a legal and law-abiding manner, NOT by appeals to violence or open revolution.
    If this is true, then it must be apparent to you now that your officials, your recognized leaders, and your chosen spokesmen DO NOT share this belief.
    Whatever doubt may have existed before was removed at the mass meeting of your congress before the court house yesterday.
    The president of your organization frankly admitted she does not believe in upholding of the law. There is a law against horsewhipping a citizen on the streets of this city. She violated that law.
    Her justification was that after appearing before the grand jury four times that body refused to return an indictment, so she took the law into her own hands.
    Who is to decide whether or not a crime has been committed? The individual who claims it, or the grand jury that considers all the evidence and in the light of that evidence hands down its ruling.
    Mrs. Martin says SHE has the right. The law says the GRAND JURY has the right.
    Now obviously if Mrs. Martin has the right to overrule a grand jury, then every plaintiff has the same right. And what does that lead to--good government? What an absurdity! It leads straight to anarchy, and every thinking person knows it.
    As a true believer in good government, does your president, in taking such a stand, REPRESENT or MISREPRESENT you?
    Mr. L. A. Banks is provisional president and official spokesman of your organization. At this same meeting, he declared he had been robbed of his newspaper, $200,000 in property, and UNLESS Governor Meier, State Treasurer Holman or the members of the state supreme court restored law and order and this property was returned, he would declare open revolution and "take the field himself."
    Is that YOUR idea of advancing the cause of good government? WHO is to decide whether or not the provisional president has been robbed or has merely, with hundreds of thousands of other American citizens, been the victim of the most severe depression in modern history?
    Has Mr. Banks the right to decide that matter? If so then EVERY OTHER citizen who has lost money the past few years--and about $70,000,000,000 has been lost--has the same right. Would THAT lead to good government?
    Why argue such an absurd point further? It would lead only to what your official spokesman proposes--OPEN REVOLUTION, CHAOS, CONFUSION AND BLOODSHED.
    If Mr. Banks has been robbed, he should appeal to the courts. If he hasn't been robbed he should take his medicine like a man, along with over a hundred million other Americans--many of them in the bread line--who are not trying to tear down this government, but build it up, and through loyalty, patience and self-restraint bring it back to normal peace and prosperity again.
    Such action is the very essence of good citizenship and good government.
    Such action as your provisional president proposes is the exact reverse. Is your provisional president REPRESENTING or MISREPRESENTING you in taking such a stand?
    In all seriousness it is time that you as a believer in good government and a member of this so-called Good Government Congress think this matter over carefully. If you DON'T believe in revolution, if you DON'T believe in lawlessness and violence, then you should do one of two things:
    Either throw out the leaders of your organization WHO DO--
    Or before it is too late, get out of the organization yourself.
    For regardless of what you may have heard, this government is still a government under the law, and promises so to continue for a long time to come.
    It is a law of this state that a member of an organization that openly advocates revolution and violence is equally guilty with every other member.
    If you believe in violence and revolution, all right, stay in, and accept the responsibility such a stand imposes.
    If you DON'T--and if you DO believe in good government, and all the term involves--then either change the leadership of your organization NOW or get out, while the "getting'' is good.
Medford Mail Tribune, March 7, 1933, page 2


    To make means of withdrawal clear to all persons wishing to sever membership with the so-called Good Government Congress, the following announcement was released to the press yesterday at the meeting of the Jackson County Unemployed Council, by its secretary, O. H. Goss:
    It has come to the attention of the Jackson County Unemployed Council that several persons have requested of the Good Government Congress, through its secretary, C. H. Brown, the return of signed membership cards in that organization, but to date nave not received them.
    All persons having any such course of action in mind may get in touch with a committee already appointed for that purpose by the Jackson County Unemployed Council.
    This committee will take whatever action is necessary to recover these cards. (Address P.O. Box 643, City.)
    Simply send your name and address stating briefly that you wish the card returned.
    It has already come to the attention of the Unemployed Council that certain dire threats have been made and plans adopted that are strangely at variance with our ideas of '‘Good Government."
    In this connection, we can only say that the Unemployed Council has for its purpose the organization of the unemployed workers and impoverished farmers upon a basis of their immediate needs, namely, food, clothing and shelter and cash wages for any employment obtained.
    In conclusion we wish to emphasize that no amount of terrorism, including nooses, guns or horsewhips will stop us.
Medford Mail Tribune, March 9, 1933, page 1


To the Editor:
    I joined the Good Government Congress some time ago, by signing a card presented to me by a member who is a citizen of very honest repute. As explained to me, and worded upon the back of the card, it appeared a very constructive move toward peace and tranquility in our community. By the speech, actions and defiance of constituted county authorities of Jackson County by the officers or officer of this congress has disgusted me and should disgust any good citizen with a lick of sense.
    I hereby withdraw my membership from this congress, as I have troubles enough without fighting for an out, trying to get in.
Rt. 1, Box 475, Medford.
     (Ed. Note--We congratulate Mr. Graves upon his forthright action, which attests to his good sense and good citizenship. We will gladly print communications from other members of the so-called congress, who joined that organization under a misapprehension as to the real nature and purposes, and who wish to stand up and be counted--OUT!)
"Communications," Medford Mail Tribune, March 9, 1933, page 4


    Not all the banks observed the holiday declared by President Roosevelt and Governor Meier--there is for instance L. A. Banks, of Medford, who refuses to shut up shop. He is the paranoiac journalistic firebrand who has fomented all the trouble in Jackson County and kept the region in a turmoil for the past year as a smoke screen to evade payment of his debts. Standing on the steps of the court house, addressing a mass meeting of the "Good Government Congress" he organized, Banks declared yesterday:
    "I have written the governor, the supreme court, Rufus Holman, and other officials, that unless justice is restored, I will take the field--take the field in revolution."
    Banks is under indictment for criminal libel and criminal syndicalism, has many suits and foreclosures pending against him and recently lost his newspaper by foreclosure on unpaid balance due on purchase price, as well as the building he bought to house it in and failed to pay for. Officers and members of his "congress" are under indictment for theft and destruction of ballots cast in the November election on the eve of a recount, including members of Banks' armed bodyguard. Just what form the "revolution" is to take is not vouchsafed, but Banks has long talked of guns and ropes for duly elected officials who refuse to resign.
    This meeting was called by County Judge Fehl, who is himself under indictment for complicity in the ballot destruction and who sought to free his alleged fellow conspirators by usurping the functions of the circuit court by issuing writs of habeas corpus and refused to accept service when enjoined. In his own paper, in which for 20 years he has played the role of character assassin of officialdom, Fehl encourages the revolution, offering himself as martyr, saying:
    "God being my helper, I pledge unto you all my life, my liberty and my property in the interest of and the cause for the common people."
    There are a good many crimes committed in the name of the common people by demagogues and psychopaths who foment discontent in times of depression, but this threatened "revolution" can be averted by subjecting the leaders to the tests of alienists and placing them in the nut house, along with other would-be martyrs of holy causes, thus affording Jackson County a needed moratorium on revolutions. (Salem Capital-Journal.)
Medford Mail Tribune, March 9, 1933, page 4


    The unfavorable and adverse notoriety that has been showered upon this city and county the past two months has reached foreign lands. Mrs. Axel Benson of the Seven Oaks district has received a paper printed in Sweden last month which carried an account of the local turmoil. The account was complete, and in a paragraph or two treated the rumpus with Scandinavian ridicule and humor. Mrs. Benson received the paper from friends and kin across the sea.
    Papers of the state, Pacific Coast, and nation have been publishing day-by-day accounts with more or less vivid details. The past ten days the main figures have had their pictures in the papers, through distribution by press associations.
Medford Mail Tribune, March 9, 1933, page 4


    Launching a program to satisfy the immediate needs of the unemployed and to aid all persons wishing to withdraw from the so-called good government congress in recovering their membership cards, the Jackson County Unemployed Council met in the courthouse auditorium yesterday afternoon and took a definite stand against politicians standing between the unemployed and their "flour, beans, bacon, and occasional eggs."
    The protest demonstration staged by the congress at the courthouse Monday was condemned by the speaker, O. H. Goss, secretary of the council, with the declaration: "Lots of working men have died in prison for saying less than the last speaker at the Good Government Congress demonstration."
    He was referring to the promise of L. A. Banks that he would take the field in revolution unless justice is restored in Jackson County.
    The appeal of the first demonstration, Goss stated, was based upon promises of relief and the claim that a county commissioner "had refused to sign the $50,000 appropriation." Before the demonstration was over "Commissioner Nealon said a few very significant things in spite of the heckling," Goss added, pointing out that it was learned that he had signed the appropriation, but that few persons had heard the announcement. If Nealon had made himself clear that day the organization would never have materialized, but he was not allowed to talk. Out of that demonstration, Goss continued his explanation, grew the Good Government Congress with promises of relief which never materialized.
    "Relief is the most important issue in the country. The man with the key to the commissary has the most powerful weapon in this country. The thing we must insist upon is that this power not be used against the people in need of food and relief. All unemployed measures were sidetracked in the good government congress for political measures of no consequence to the hungry worker and impoverished farmers," Goss declared, urging his followers not to be misled.
    "I know that Norton and Codding have nothing to do with relief in this county. Mr. Dahack is dead. He is not hungry and worrying about the depression. There are people living above ground worthy of consideration. If half the words written about Dahack were used in our behalf we would be greatly aided," Goss added, condemning the time devoted by the good government congress leaders to criticizing officers and rehashing the Dahack case.
    "Twenty-five people have come to me today wanting to know how they could get their cards back. They had asked the secretary for them and had not got them. We have appointed a committee to handle the situation." An announcement prepared for the press was then read by Mr. Goss.
    Turning again to the failure of the good government congress to let him speak on unemployment at the demonstration, Goss explained that he had asked Judge Fehl for time on the program and that the request had been made clear to Henrietta B. Martin, president, who nodded her head in assent. Interviewing Mrs. Martin after the meeting Goss said she gave as reason for closing the program without his speech, "I am president of the congress, not Judge Fehl."
    "I realize that Earl H. Fehl is not president of the congress," Goss added yesterday, "but he is its chief drawing card. Without Fehl to support the thing it would collapse."
    Referring to Banks' call for aid in the recovery of $200,000 worth of property, claimed stolen from him through the courts, Goss stated, "No unemployed worker or impoverished farmer has anything in common with anyone who has $200,000 worth of property to loan, be it Banks or anyone else."
    He later declared, in closing, that if "all the arms raised upward during the past few months in passing resolutions had been drawn horizontaly at the saw, we would have plenty of wood to keep us warm."
Medford Mail Tribune, March 9, 1933, page 8


To the Editor:
    The members of the Good Government Congress had a large and enthusiastic meeting at the Shady Cove school house last night. Judge Fehl, Llewellyn Banks and Mrs. Henrietta Martin were present and delivered speeches. An audience of 80 was counted 20 minutes before the meeting opened. Many more came in later. There were well over a hundred present.
    Mr. Llewellyn Banks spoke first. His style of oratory is inflammatory and is very apt to incite people to violence and bloodshed.
    We were pleased to note that Judge Fehl spoke in a conservative, peaceful manner and for the most part friendly. The only time he became somewhat abusive was in speaking of how Commissioner Nealon would block him whenever he wished something done for the good of the community. He said, however, that he had been able to compel the head of the relief committee to furnish the needy with proper, healthful food, whereas before it was unfit for consumption. He said that no violence or threats should be resorted to; but that the members of the G.G.C. should start a petition, beginning with 200 members, and compel an investigation as to the legality of Nealon's appointment. He asserted that the retiring commissioner and judge who appointed him were private citizens on the day they signed his appointment, as their term of office had expired.
    After the speeches those who were not members were asked to hold up their hand and join. I held up mine and said I did not care to join such an organization as it led to too much squabbling. I tried to point out that the officials were appointed by the people and represented the will of the people, and the courts ought to be respected. Mr. Banks politely shook hands with me and asked me to say some more. I went and shook hands with Mr. Fehl and made a few broken remarks. Judge Fehl took me up when I said that the court house was closed only to political meetings. He then read and handed me a typewritten copy of the order of the two commissioners, but without his signature, reading in part as follows:
    "It is hereby ordered that the use of said auditorium in the county court house to any and all persons be and hereby is prohibited except by written permission of the county court for each and every such meeting, signed by two members of the county court." Great applause. I apologized.
    I upheld Billings and Nealon, saying they were good men; I knew them, and both had a very good reputation. This brought forth some booing and a lot of laughter. Apparently all the audience was either Good Government Congressmen or sympathizers.
    I told the audience that I thought Judge Fehl was a good man with good intentions.
    The audience seemed to be a very good natured, jolly lot, who for the most part harbored no ill-will, and we all parted in a friendly spirit.
"Myrtilla Farm," Eagle Pt., Mch. 9.
Medford Mail Tribune, March 10, 1933, page 7


    Is E. H. Fehl judge of Jackson County, or head of the so-called Good Government Congress, or is he both?
    In the last issue of his paper, he issues an official proclamation worded in part as follows:
    "Therefore, as judge of Jackson County I am appealing to each and everyone who is now a member of the Good Government Congress, to at once call at the office of the Good Government Congress located in the Herald Building, at 324 West Sixth Street, in the city of Medford, and leave with the lady in charge whatever sum of money that you can spare in the interest of the re-establishment of a free press in Jackson County."
    Here is a county judge, acting in his official capacity, turning his private office into the headquarters of a political organization, whose leaders have openly appealed to taking the field in open revolution against the people of this state, and asking for cash contributions to maintain a private business in which he is himself interested.
    Do the people of Jackson County endorse THAT SORT OF THING! Do they want their judge acting as the leader of such an organization, using the power of his office to get money from the people of this community to finance a blackmailing sheet dedicated to the destruction of everything that the law-abiding and self-respecting people of this community hold dear?
    The banks are closed. Every spare dime is needed to provide food for the hungry, and shelter for the ill and distressed.
    And yet the county judge of Jackson County, elected to look after ALL the people of this county--at a critical time like this--makes his own office the headquarters of an organization whose members cry out for ropes and nooses, whose leader calls for revolution; demands they hand over their hard-earned nickels and dimes to finance private business in which he is interested, and which had done more to ruin this county than any other agency in its entire history.
    Once more this paper calls on County Judge Fehl to resign, before he violates every principle of decency, drags into the mud and the mire every consideration of honor and self-respect in public office.
    It must be clear NOW to every right-thinking citizen that as long as he remains in office nothing can be done--no constructive work is possible--no genuine relief attainable.
    We asked that he resign before, in justice to himself, as a suspected accomplice in one of the most outrageous crimes against good government and law and order in the history of this community.
    We ask it now, in justice to the people he was elected to represent and the welfare of the community in which he resides.
Medford Mail Tribune, March 10, 1933, page 8


To the editor:
    I say it is a crime--and I mean crime--that at such a tough time as this, when we need as never before to be let alone and given a chance to keep this community from falling into the ditch, that any bunch of cheap, self-seeking politicians and troublemakers should be allowed to keep on stirring up dissension and strife for their own selfish and destructive ends, and render any betterment impossible. Laws are made for the protection of people. Isn't there some law that can protect peace-loving and law-abiding citizens of Jackson County at this critical hour? I don't mean tomorrow, I mean today. I am just a plain farmer, haven't taken any part in this fracas one way or the other. But I am sick of it and I believe most of the people are sick of it. Our new President said something about this condition being like war. I guess that's about it. Well then if it's war, why can't we put down these Bolsheviks and ballot burners like we do in war. The President has got unusual powers to iron out the bank situation; why can't the Governor be given unusual powers to iron out this situation in Southern Oregon? I would like to know if something can't be done and I think there are plenty of people who feel just as I do. I am sick and tired of it, and with all the thousands of laws we have, it seems to me there must be ONE that can protect the plain average citizen from this sort of thing--and do it right now. You keep saying, enforce the law and uphold the law enforcement officers. Well, that's all right, I suppose, but I can't see it's doing much good. I ain't favoring force but it appears to me there ought to be some legal way of putting this pack of wild coyotes where they belong, and doing it right now. If you use this, don't print my name. I got work to do and don't want to be bothered by any of these Good Governmenters. But if you can find a law like I suggest, let me know and I'll take a day off and do anything I can to see it's carried out--good and quick too."
    We have no doubt many people feel just as our correspondent does.
    If our legal fraternity CAN find any law or laws more effective in cleaning up this mess than those already invoked, by all means let's have them. But we fear there are none.
    Nor do we believe conditions are so critical that intervention of the Governor is necessary.
    We may be unduly sanguine, but our honest opinion is the "Good Governmenters'' as our communicant calls them, with their talk of ropes and nooses and open revolution, are all through, but THEY DON'T KNOW IT.
    Irritation at the continuation of this hullabaloo is natural; the desire to clean it up once and for all, "RIGHT NOW," is natural also.
    But the agitation responsible for this "crime" has been going on for months--in fact for years. The infection can't be ENTIRELY cleared up overnight.
    As soon as this bank holiday ends, the courts resume and the juries convene, we are confident that this "pack of wild coyotes" WILL BE PUT WHERE THEY BELONG.
    All we need is what we NOW HAVE, an aroused and aggressive public opinion--a public opinion supporting constituted authority, upholding the laws, and demanding from all public officials the prompt and impartial enforcement of those laws.
    The process takes time, it takes patience. But less of both than at any time since this crazy criminal attempt to destroy Jackson County started.
Medford Mail Tribune, March 10, 1933, page 8


    A dozen or so members of the so-called "Good Government Congress" have requested the district attorney's office, since last Monday, to aid them in securing the return of their membership cards, signed through "misrepresentation." All told the authorities that the "revolution" threat uttered by L. A. Banks, erstwhile editor and orchardist, from the court house steps Monday, and previous inflammatory remarks at the "Good Government Congress" meets had disgusted them and impelled them to seek withdrawal.
    The "take the field in revolution" utterance of Banks last Monday was preceded by incendiary utterances concerning "nooses" and "ropes," and "seize Jackson County." Meetings at which these rabid comments were made were opened with prayer and pledges of devotion to the Declaration of Independence. Several told the district attorney that they joined the organization under the impression its objective was better employment conditions, instead of political vengeance and agitation.
    The Jackson County Unemployed Council also agreed to assist all in securing their membership cards, and that "terrorism" threats would not deter them. It was also reported that L. A. Banks, "honorary president" and chief orator, had no membership card. Under the Oregon syndicalism law, the individual member is liable for the deeds and utterances of the organization.
    There is evidence in plenty that the rank and file of the "Good Government Congress" is rapidly drifting away and renouncing the organization, except for a few of the secondary leaders. The sentiment throughout the county, among all classes, is for a speedy conclusion of the agitation.
    The past week the court house halls have been noticeably free of loiterers, and it is no longer a rendezvous.
    Preliminary legal action in the court house ballot theft cases will be taken as soon as the bank holiday ends. The assembling of most of the evidence has been completed and is ready for presentation.
    The authorities were still working today on various angles of the brazen but bunglesome ballot destruction. Five or six men wanted for questioning, or on warrants, are fugitives.
    Action will also be forthcoming as soon as the non-judicial days end on two or three cases growing out of the agitation engendered by the "Good Government Congress." One is a decision in the case of L. O. VanWegen, charged with possession of a concealed weapon. VanWegen was one of the "Banks guards." Evidence in the case was heard by Justice W. R. Coleman, but decision was reserved.
    VanWegen is also a defendant, with C. H. Brown and L. E. Fitch, in the case charging Henrietta B. Martin, president of the "Good Government Congress," with disturbing the peace and riotous conduct as a result of the attempted lashing with a buggy whip of Leonard Hall, editor of the Jacksonville Miner.
    C. H. Brown, father of Mrs. Martin, and secretary of the "Good Government Congress," was arrested last Monday afternoon on a warrant charging "slandering a bank," as the result of an article published recently in the Pacific Record Herald. Brown was released on $1500 bonds with Ernest Dahack of Eagle Point and Albert Poston of Pinehurst as sureties. He is scheduled for an early hearing.
Medford Mail Tribune, March 10, 1933, page 9


    Further effort to secure the release of Thomas L. Brecheen of Ashland, held since February 25 for alleged complicity in the Jackson County courthouse ballot stealing and burning, was underway this afternoon before Justice of the Peace William R. Coleman. Brecheen and C. W. Davis have been detained in the Josephine County jail at Grants Pass for the past two weeks.
    Dr. F. G. Swedenburg of Ashland and Mrs. Clara Ribley Smith, orchard owner on the Old Stage road, are scheduled to appear as sureties for bonds in the sum of $5000. Mrs. Smith qualified at the first hearing for bonds. Dr. Swedenburg will be given an examination this afternoon relative to qualifications.
    At the first hearing, Mrs. Ellen Jeffries of this city appeared as a surety, but failed to qualify.
    Brecheen and Davis and two unidentified youths, described as "court house boarders," are the only ones of 11 men accused to be in jail up to today.
Medford Mail Tribune, March 10, 1933, page 9


    SALEM, Ore., March 11.--(AP)--A delegation from the good government congress of Jackson County, composed of Mrs. Henrietta B. Martin, president; C. H. Brown, secretary, and Rev. O. R. Kring, was in Salem today to confer with Governor Meier and other state officials. The governor, however, was not to be found, they said, although they had an appointment with him for this forenoon.
    The delegation's mission with the governor was to petition for a special prosecutor to handle cases now pending in Jackson County, particularly those of 16 persons held in connection with the theft of ballots from the courthouse.
    While here the delegation conferred with Adjutant General Thomas E. Rilea of the National Guard, relative to permission for rental of the Medford armory for meetings. They said this privilege had been refused the congress.
    General Rilea later refused to comment upon the interview other than to say that armories are under the control of local armory boards, and that as a general policy no attempt is made from the central office here to dictate their policies.
    R. C. Cummings, of the Rogue River district, owner of a truck, and a county roadworker, was arrested at Wimer Friday night, near the close of a meeting of the so-called Good Government Congress, of which Cummings is reputed to be a member.
    Cummings was arrested by the state police on a warrant charging burglary in a building not a dwelling in connection with the brazen but bungled theft and burning of official Jackson County ballots on the night of February 20, on the eve of a recount of the votes in the race for sheriff between Gordon L. Schermerhorn and former Sheriff Ralph G. Jennings. The authorities, continuing their previous policy of a censorship on evidence, declined to give any details of Cummings' alleged part.
    Cummings is detained on $5000 bonds. He makes the twelfth man arrested. Two youths described as "courthouse boarders" are also held. Eleven known men accused are: County Judge Earl H. Fehl, Sheriff Gordon L. Schermerhorn, John Glenn, ex-county jailer; Walter J. Jones, mayor of Rogue River and recently appointed road supervisor by County Judge Fehl, T. L. Brecheen of Ashland, formerly of Alameda County, Calif., Charles W. (Chuck) Davis of this city, erstwhile county machine shop deputy, whose appointment by Fehl caused a county court upheaval; Arthur LaDieu, former circulation manager of the Daily News, under rule of L. A. Banks; Virgil Edington of the Gold Hill district; John S. Brock, of this city; and J. Croft, who came to this city early in January.
    Brecheen and Davis are still in the Josephine County jail at Grants Pass. The two youthful "boarders" are also in that bastille. A number of efforts have been made the past week to secure the release of Brecheen and Davis on bonds in the sum of $5000 each. Dr. F. G. Swedenburg of Ashland, listed as a prospective bondsman, failed to make an appearance in Justice of the Peace William R. Coleman's court Friday for examination as to qualifications. Mrs. Clara Ribley Smith, orchardist of the Old Stage road section, qualified earlier. Mrs. Ellen Jeffries of this city offered to sign the bonds, but was not accepted.
    Both the state and federal authorities will look into the qualifications of bondsmen, to determine their status under the state and federal income tax provisions. A re-hearing on the bonds already attested is also contemplated, as soon as the current rush of business is ended in the district attorney's office.
Medford Mail Tribune, March 12, 1933, page 1


    O. H. Goss, secretary of the Unemployed Council, announced Saturday that he had received 20 requests through the mail from members of the Good Government Congress for their names to be removed from the membership lists of the congress.
    Mr. Goss stated that the secretary of the congress would be asked to give back the cards of these members, and if such request is refused, the names of those asking for withdrawals will be published.
Medford Mail Tribune, March 12, 1933, page 3


    C. J. (Jean) Conner [Clifton Jean Conner], "parliamentarian of the Good Government Congress," reputed "L. A. Banks' guard," and one of the "Green Spring Mountain Boys,'' was arrested by state police Sunday afternoon in connection with the brazen but bungled theft of official ballots from a court house vault on the night of Monday, February 20. Conner was the fifteenth man to be detained in connection with flouting of constituted authority.
    Conner was found in the Gold Hill area, where he was engaged in placer mining, and told authorities he had been out of touch with the world and did not know of the ballot burning charges and arrests. He left this city two weeks ago, he said.
    Conner was an active worker in the "Good Government Congress." At the organizing meeting, he displayed an intimate knowledge of "Roberts Rules of Order."
    Authorities intimated five or six more arrests are scheduled. Except that they have an "airtight case," and that "tracks were left like an elephant going through the snow," they refuse to divulge the nature or extent of the evidence collected.
    Signs were plentiful that the federal agencies are taking more than a passing interest in the case, and have been for some time. They have been investigating the bonds signers, as related to unpaid federal income tax, it is indicated.
    It was reliably reported this morning that one of the bondsmen who is surety for two of the arrested men out on $5000 bonds was taking steps to withdraw, and had advised the pair of his intentions.
    The grand jury, Theodore J. Bell, Jr. of Talent, foreman, scheduled to meet this morning, was not called due to the continuation of the non-judicial days through the bank holidays. The grand jury is now expected to assemble not later than Thursday.
    Thomas L. Brecheen of Ashland, Democratic war horse of the south end of the county, who was busy in both the primary and general elections, and C. W. (Chuck) Davis, mechanic slated for a county machine shop berth, whose pay for January was disallowed by the county court, today were still held in the Josephine County jail at Grants Pass. Efforts to procure bonds in the sum of $5000 each have failed, so far, due to the bondsmen failing to qualify.
    State and county authorities at an early date plan to examine all bondsmen and their qualifications as sureties in the ballot stealing case.
    It is a probability that unless the non-judicial days end before, that the sheriff's sale scheduled for Wednesday of the Daily News plant will be postponed. The sale is scheduled on a judgment returned against L. A. Banks, erstwhile editor and orchardist, for approximately $15,000 due on mortgages held by the old News Publishing Company, Lee Tuttle, president.
    Members of the Good Government Congress" were asked to donate funds to stay the sale and join in an "Iowa show" and "protest demonstration." The sale will be held at the newspaper plant.
    The demand for "Good Government Congress" card withdrawals continued today from members disgusted with its tactics. Many planned to make a written demand for the cards upon C. H. Brown, secretary of the organization, who is charged with "slandering a bank." Many former members declare they are convinced the "Good Government Congress" leaders "are interested only in keeping up the agitation." Sentiment throughout the county is that "there have been enough pictures in the papers, and it's time to cut out the political and personal vaudeville stunts."
    Henrietta B. Martin, president of the "Good Government Congress," her father, C. H. Brown, secretary. and O. R. Kring, local spiritualist minister, journeyed to Salem Saturday in an effort to see the governor. The governor was "absent from the executive offices."
    The committee also called upon state officers of the National Guard, in an effort to secure the armory for another "assembly." They were informed the use of the armory was in the hands of the local National Guard officials.
    According to the Salem Statesman, the committee declared "the membership is steadily increasing," and that they had "expelled several who were judged to be communists." They also denied they "were fighting one man's battles," those of L. A. Banks.
Medford Mail Tribune, March 13, 1933, page 1


To the Editor:
    I am quitting the so-called Good Government Congress now and forever. I am thoroughly disgusted with it. I attended three of their assemblies, and all I could hear was knocks for our government and blowoff about our county officers, Mr. Harry D. Norton, one of the most upright and honest judges Jackson County has ever had, and our two commissioners, Mr. Nealon and Mr. Billings, two noble men. I am glad and proud that we have such men to manage our county business. And George Codding, one more grand boy to fill our prosecuting attorney's office. He has been faithful and done all in his power to keep peace and law in our little Rogue River Valley and he is a boy who is fearless and honest in his office.
    So I am asking the Mail Tribune to print this for me because I can't see how anyone can belong to such an organization and be sound minded. It only took me a very short time to come to my senses and quit. I hope others will follow so we can get down to business and quit this backbiting.
Eagle Point, Ore.
"Communications," Medford Mail Tribune, March 14, 1933, page 2


    Trial of Mrs. Henrietta B. Martin, president of the "Good Government Congress," for alleged disorderly and riotous conduct as the result of her attempt to lash with a whip Leonard Hall, editor of the Jacksonville Miner, will not be held until the district attorney's office has a respite from the present labors connected with the grand jury session. Attorney T. J. Enright, representing Mrs. Martin and three co-defendants, said he was "ready for trial any time." The trial was interrupted by the bank moratorium, after being set for Justice of the Peace Coleman's court.
    C. H. Brown, father of Mrs. Martin and secretary of the "Good Government Congress," arrested and free on bonds for alleged "slandering of a bank," as the result of an article published in the Pacific Record Herald, will probably not be given a hearing for a week or ten days.
    Justice Coleman will not render a decision in the case of L. O. VanWegen, charged with carrying concealed weapons, until his attorney has an opportunity to file briefs. VanWegen is a reputed "congressman" and former "Banks guard."
Medford Mail Tribune, March 15, 1933, page 3


    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


    Serving of bench warrants on the secret indictment returned late yesterday by the grand jury, for complicity in the ballot theft, was halted today by the slaying of Constable George J. Prescott by L. A. Banks.
    Twenty-one names were listed on the indictment, including County Judge E. H. Fehl, Sheriff Gordon L. Schermerhorn, Walter J. Jones, mayor of Rogue River, Arthur LaDieu and John Glenn, former county jailer. LaDieu and Glenn were arrested last night. They were at liberty on $5000 bonds.
    Circuit Judge W. M. Duncan fixed the bail for arrest under the indictment at $7500. Judge Duncan was holding court in Grants Pass today.
    Attorney T. J. Enright appeared before Justice of the Peace W. R. Coleman and sought bail for County Judge Fehl, with Ted Heimroth and Ed Vogel as bondsmen. Justice Coleman refused to sign the bond until Fehl had been arrested.
    Confirmation of the report that Fehl had been arrested could not be obtained. State police said the officers were looking for him, but he could not be found.
    Arrest on bench warrants of the men indicted in the ballot theft case will be made as rapidly as possible.
    Four of those indicted are already in jail: C. W. Davis and T. L. Brecheen, held in Josephine County, and the Sexton brothers, held in an unnamed jail.
Medford Mail Tribune, March 16, 1933, page 5


    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 Lewellyn 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


    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


    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 Anne, 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


    District Attorney George A. Codding said this noon that the hearing ordered by Governor Meier to test the fitness of Sheriff Gordon L. Schermerhorn and seeking his removal would be started before Circuit Judge W. M. Duncan as soon as possible--tomorrow or Monday.
    PORTLAND, Ore., March 17.--(AP)--Governor Meier today announced he was asking the Jackson circuit court to hear charges that Sheriff Gordon Schermerhorn of that county is unfit to continue in office.
    The governor said he was acting in response to a petition filed in the Jackson County court yesterday by Ralph Billings and R. E. Nealon, Jackson County commissioners. In their petition they said Schermerhorn had failed to fulfill his duties and that his conduct of the Jackson County jail was indefensible.
    They charged he refused to open the doors of the county jail so that his friends, facing arrest on a series of indictments, could be locked up.
    The procedure will be before the Jackson circuit court, over which Circuit Judge Duncan is presiding, to report the findings in the hearings to the governor. If the findings warrant such action the sheriff will be removed by the governor, and a temporary sheriff appointed.
    The governor was in communication with several persons. He did not comment on what steps would be taken in the case of County Judge E. H. Fehl, another official under fire in Medford. There has been no formal petition filed against Fehl.
    Sheriff Gordon L. Schermerhorn, when interviewed last night regarding the notice of cancellation by the Massachusetts bonding and insurance company of $10,000 bonds, covering his duties as sheriff, apart from duties as tax collector, stated that he would obtain new bonds, if necessary, and that he had been assured such could be accomplished without difficulty.
    The announcement received yesterday, he stated, was notice of cancellation and did not mean that the bonds had been canceled.
    Sheriff Schermerhorn stated that he planned to continue in his office and denied all rumors of plans to resign as Jackson County sheriff. "I will carry on here," he stated, "the duties of my office and have no intentions of resigning at this time. I will produce new bonds whenever they are needed."
Medford Mail Tribune, March 17, 1933, page 1


    Sheriff Gordon L. Schermerhorn appeared in court this morning with his attorney, Frank J. Newman, and Circuit Judge W. M. Duncan of Klamath County fixed his bonds on the indictment returned Tuesday afternoon for the ballot theft and destruction at $7500. Jens Jensen and Thomas L. Taylor, old friends, appeared as sureties.
    Fred Kelly late yesterday was named chief jailer by the sheriff, following a conference with the district attorney's office.
    Soon thereafter, the transfer of prisoners arrested on the ballot burning and criminal syndicalism charges started. Up to this time, no men arrested in the ballot investigation have been held in the county jail.
    Kelly is in complete charge of the county jail. Two state policemen are also present, all armed. No one is allowed to enter the jail, except upon a court order.
    The county court issued drastic instructions that no one not an inmate be fed under any circumstances. For some time "courthouse loiterers"' have been eating their meals at the county jail table. Included in this number were two youths, held in the ballot stealing, and C. H. Brown, father of Henrietta B. Martin, and secretary of the "Good Government Congress." Brown was a luncheon diner during January and February, and often had company. He is now eating county jail meals, held on a criminal syndicalism charge.
    John Glenn of Ashland, named as county jailer by Sheriff Schermerhorn when he took office, and arrested last Tuesday night on a warrant charging complicity in the ballot thefts, also occupied a cell in the jail over which he once ruled.
    Others held were Oliver Martin, a "congressman," "Banks guard" and daily court house frequenter the past ten weeks; Joseph Bunch, arrested late yesterday on a "criminal syndicalism" warrant, and characterized as a "minor agitator." His wife called this morning in an effort. to procure his release; Jean Conner, also a guard and vice-president of the "congress," and his official "parliamentarian," R. C. Cummings, a leader of the "congress" in the Wimer district; Virgil Edington of Gold Hill, a "guard," who told officers he was employed "to defend the Constitution and the News," and the "Rev." Edwin Malkemus, recent arrival here, whose "Congress speeches" mentioned "ropes and nooses," and who proposed the "seizure of Jackson County." Malkemus claims to be an ordained minister.
Medford Mail Tribune, March 17, 1933, page 1


    Henrietta B. Martin. president of the "Good Government Congress," ardent orator in support of Banksism here, was arrested shortly before noon today by state police at her home, and lodged in the women's ward of the county jail. The warrant charged "criminal syndicalism." It was stated that Mrs. Martin since late yesterday has been endeavoring to furnish bonds, but had been unsuccessful.
    In a statement published this morning, Mrs. Martin said she would "carry on the work started by Mr. Banks," criticized Governor Meier for not interposing when requested to do so last Saturday by her committee on a visit to Salem, and announced she had sent a "telegram to Washington, D.C.," regarding the local situation.
    Mrs. Martin accepted arrest coolly, joins three co-workers in jail--L. O. VanWegen, a "congressman" who acted as her chauffeur and who held editor Leonard Hall when she wielded a buggy whip upon him two weeks ago; the "Rev." Edwin Malkemus and her father, C. H. Brown, secretary of the organization.
    In her statement today Mrs. Martin declared that the "Good Government Congress" retained 6000 members. In contradiction, there is positive proof of wholesale withdrawals. Evidence indicates that the bona fide membership at no time exceeded 800. The withdrawals started with the ballot theft, and were speeded by Banks' revolutionary talk on the courthouse steps. The wanton slaying of Constable Prescott yesterday caused a widespread revulsion of feeling against the "congress," its leaders and all its works.
    Papers found in possession of C. H. Brown show that the collection of "funds" was fairly profitable. One day's proceeds were $39.50. The list of contributors is being checked. Several are known to have been regular customers at the county commissary.
    Mrs. Martin has been a firebrand figure in the recent agitation of the "Good Government Congress" leaders. She presided at all meetings. She attempted to buggy-whip editor Hall of the Jacksonville Miner, proposed a boycott of all local merchants and was a commanding figure in the many conferences at Banks' home. She was a frequent uninvited witness before the grand jury of which William T. Grieve was foreman. In her last public appearance, on March 6, on the courthouse steps, she condoned the ballot thefts with the claim "they should have been destroyed long ago," and intimated that the brazen and bungled crime was committed to "cover up liquor disappearances."
    State police today were searching for "congressmen" on warrants charging criminal syndicalism. A sheaf of warrants have been made out for service. For the most part, they are said to be for "courthouse guards" and agitators. Many made the courthouse their daily rendezvous, and were "cheerleaders" at all demonstrations.
    None were around the courthouse this morning. Authorities report a general "hiding out."
Medford Mail Tribune, March 17, 1933, page 1


    L. E. Fitch, prominent member of the Good Government Congress, whose comments on the local situation yesterday were allegedly silenced by several whacks on the head with a gun, was reported resting more easily today at the Sacred Heart Hospital, where he will probably be confined for some time. Fitch received several bad cuts on the head but no permanent injuries, the attending physician stated this afternoon.
    He was attacked when he obstructed the passage down West Main Street of a Good Government Congress opponent, according to the story. The assailant, whose name has not been revealed to officials, reached for his gun and hammered Fitch several times across the head, when he stopped his passage in the street and called him names he did not like.
Medford Mail Tribune, March 17, 1933, page 9


    It became known today from authentic sources that 23 men were indicted by the grand jury for complicity in the brazen and bunglesome ballot theft.
    Positively known as indicted were L. A. Banks, held for murder; County Judge E. H. Fehl, Sheriff Gordon L. Schermerhorn, Walter J. Jones, mayor of Rogue River and a Fehl appointee as road supervisor; Charles W. Davis, whom Fehl endeavored to name for a county machine shop berth; T. L. Brecheen, Ashland Democratic ward worker, politically active since his arrival from California 18 months ago; R. C. Cummings of the Wimer district; Jean Conner, one of the "Greenspring Mountain Boys"; John Glenn. former county jailer, and two unnamed "courthouse boarders and roomers."
    Some of those indicted are in hiding, endeavoring to arrange bonds before being taken into custody.
    The authorities still refuse to make known any of the evidence presented to the grand jury, which returned the indictments in a short time. They reiterated their previous claim "it was airtight, and a cinch case."
    The ballots left behind in the courthouse vault by the intruders will be investigated by the grand jury, in an effort to establish a basic motive. Officers contend that while the sheriff recount was desired, it was not the impelling motive. It is known that the recount was a subject of conferences as early as last December, and that Banks told intimates "the ballots must not see the light of day, or I might as well leave Jackson County, for Ralph Jennings will be the sheriff."
    The authorities also desire to establish definitely the "master minds" behind the ballot outrage.
    Only 12 of the containers were left behind, including two from this city, and the Rogue River and Wimer ballots.
    A survey of the official figures, taken from the poll books, shows that the total for county judge and sheriff exceeded the vote for other offices, including President, and that the vote in some of the precincts was "surprising." The results in some of the country precincts has been a source of wonder, since the final count was published.
Medford Mail Tribune, March 17, 1933, page 9


    Before leaving the state police office about 11:30 o'clock Thursday evening, Constable George J. Prescott expressed to a group of friends that "I wish my wife would get better."
    Mrs. Prescott, who suffered a nervous breakdown February 7, when her husband served papers on the Medford Daily News, tying up a supply of newsprint, had a relapse February 25 when numerous arrests were made in the ballot theft case. When seemingly recovering, Mrs. Prescott became ill again Wednesday, and Thursday night Mr. Prescott showed deep concern about her condition.
    Thursday morning, about 9 o'clock Mr. Prescott stated that she was feeling a little better.
    News of her husband's tragic death was kept from her, until their son, Francis Prescott, arrived from Klamath Falls.
Medford Mail Tribune, March 17, 1933, page 10


    Three new arrests were made last night in the extensive drive of city and state police to bring into custody all persons allegedly connected with the theft of ballots from the court house vaults and in other ways implicated in the agitation which has been prevalent here since the first of the year. Earl Bryant of Jacksonville was placed in city jail, charged with burglary not in a dwelling. Andrew H. Simpson, elderly man from Jackson Creek, was brought into county jail, charged with criminal syndicalism in indictment returned by the grand jury, and Donald Tryor, one of the "Greenspring Mountain Boys," was arrested in connection with the ballot theft.
    Bryant is the man whose house in the Jacksonville district was set on fire last January by Nick Kayl of Crescent City, who was brought to this city to face charges January 14. Bryant was picked up on a John Doe warrant late yesterday.
    Simpson has been seen about Medford very frequently since organization of the good government congress. He is usually clad in leather cap and high-topped boots, and is noted for having much to say about the government.
    Tryor, who is a cripple, has been closely associated with C. J. Conner, one of the foremost leaders in the congress.
    The arrests bring the total to seven on charges of criminal syndicalism and the total in connection with the ballot theft to 17. There are six warrants yet to be served. Fifteen of the persons arrested are in jail; County Judge Fehl and Sheriff Schermerhorn, the other two, are out on bail.
    Another arrest in connection with the ballot theft was reported late tonight by state police, when James D. Gaddy of Jacksonville, another leader in the activities of the so-called good government congress, was taken into custody. Gaddy is charged with burglary not in a dwelling in the indictment returned Wednesday by the grand jury, and was placed in the county jail.
    Walter J. Jones, mayor of Rogue River, and road supervisor for that district named by County Judge Fehl, indicted in a secret indictment for complicity in the ballot thefts that thwarted the sheriff election recount on the night of February 20, when a "Good Government Congress" meeting was in session in the court house, will present himself for arrest Monday next, his attorneys announced in court yesterday. The indictment, heretofore secret, was read to Fehl in open court.
    Jones is in Portland, attorneys Enright and Schmalz announced, and is "coming here as fast as an auto can carry him."
    Jones has been sought since Thursday, and up to that time was a frequent visitor at the court house. He was active in "Good Government Congress" circles, and at the Bursell-Lamkin hearing before Fehl in January demanded the resignation of Commissioner Nealon and other county officials. Authorities say he was both inside and outside the court house auditorium on the night of the ballot burnings.
    Jones' bail has been fixed at $7500. It is understood he has made provision to furnish it, upon court appearance.
    All the 23 indicted men, save six "John Does," Claude Ward, a brother-in-law of L. A. Banks, held for murder, and Jones, are either in jail, or at liberty on bonds. Four are held on criminal syndicalism warrants.
    The indicted men are:
    Earl H. Fehl, county judge, released on $15,000 bonds.
    Gordon L. Schermerhorn, sheriff, released on $7500 bonds.
    John Glenn of Ashland, former county jailer.
    L. A. Banks, agitator, held in Josephine County jail for the murder of Constable George J. Prescott.
    Arthur LaDieu, former aide of Banks, in the newspaper business.
    Thomas L. Brecheen of Ashland, former Alameda County, California, resident, Democratie ward worker, and court house habitue as a recipient of board and room.
    Mason B. Sexton and Burley Sexton, brothers, "court house boarders," who had room privileges also atop the court house.
    R. C. Cummings of the Wimer district, and a "Good Government Congress" leader in that section.
    Wesley McKitrick, listed as a "Banks guard," and reputed leader of the "Greensprings Mountain Boys."
    C. Jean Conner,  vice-president and "parliamentarian" of the "congress."
    Virgil Edington, 25, "Banks guard," and last year a Gold Hill High School boy, heretofore highly regarded for sterling qualities.
    Claude Ward, brother-in-law of Banks, once named as a machine shop deputy, reported as ill at his home with flu.
    C. W. (Chuck) Davis, "congressman," whose appoiniment as a machine shop attache caused a county court controversy.
    Oliver Martin, "congressman" (not related to Mrs. Henrietta B. Martin).
    The authorities refused to divulge any of the evidence they presented to the grand jury, and made no statement except "that the case is air-tight and when the full facts are known will surprise and startle." They would not deny or confirm the report that "between three and nine have confessed."
    An unconfirmed report said the authorities had evidence to show participation from near mid-afternoon, until the last ballot had been removed, and that the "Good Government congress" meeting was a "blind" for the activities.
Medford Mail Tribune, March 19, 1933, page 1


    The hearing for the ouster of Gordon L. Schermerhorn, as sheriff, ordered by Governor Jullus L. Meier, was postponed Saturday afternoon until next Thursday, by Circuit Judge W. M. Duncan, upon motion of attorney Frank J. Newman, counsel for the sheriff.
    Attorney Newman in his motion questioned the constitutionality of the ouster proceedings and asked for more time in which to prepare arguments and other legal matters.
    The ouster proceedings were based upon the charges of the two county commissioners that Sheriff Schermerhorn had failed to properly manage the county jail, refused to name a new jailer except of his own choosing, was a member of the "Good Government Congress," and had refused to lock up members of the "congress," or perform other duties concerning them.
    Last week the bonding company providing bonds for Sheriff Schermerhorn for duties outside the tax collection department served notice of the cancellation of the bonds, in the sum of $10,000.
    The suspension of Schermerhorn for 90 days is requested, on the grounds that in that period the ballot theft case, of which Schermerhorn stands indicted, will be cleared away.
    It is understood that similar ouster proceedings have been or will be instituted against County Judge Fehl.
    Schermerhorn, a resident of the county for nearly forty years, was elected sheriff over Ralph G. Jennings, "write-in" candidate, by 123 votes. On the eve of a recount of the valley, the ballots were destroyed and stolen, automatically ending the recount upon order of the circuit court. Schermerhorn is well and widely known, particularly among the old timers.
Medford Mail Tribune, March 19, 1933, page 1


    The county court has taken steps to forbid loitering in the halls of the courthouse, that has been prevalent since the first of the year, and to keep them cleared at all times. Notices to this effect will be posted on the walls. Sheriff Schermerhorn has promised to enforce the order.
    Anyone with legitimate business in the courthouse will be welcome, but the order is aimed at the practice of many gathering daily in large numbers in the halls, and remaining all day.
    Frequent complaints have been made that "congressmen" were making threats against those known to be opposed to the "Good Government Congress" or Banks and Fehl, when they left or entered the courthouse. The courthouse corridors became a rendezvous for members of the so-called "Good Government Congress," and known agitators, and a sort of clearing house for rumors. Many of the loungers posed as "bodyguards." The daily gatherings hampered office and court work.
    The last general courthouse corridor gathering was Thursday morning. Banks, in his issue of his weekly dated March 18, said the trial of Henrietta B. Martin was scheduled for March 16 [sic], and urged all members of the "Good Government Congress" to assemble for the trial. About 200 responded At the time the trial had not been set, and due notice had been given that it would not be called until later. Following the slaying of Constable Prescott by Banks the crowd flocked to the murder scene. The past two days there has been a decided decrease in courthouse attendance among the heretofore regular attendants.
    The county court feels that by keeping the courthouse corridors free of loungers much word-of-mouth agitation, that has been rampant for months, will cease.
Medford Mail Tribune, March 19, 1933, page 1


    Every tragedy has its lesson. The tragic slaying of George Prescott has several.
    One lesson, we believe, stands out above all others. It is this:
    The dangers of unscrupulous agitation, of inflammatory propaganda, the circulation of falsehoods and half-truths, for the purpose of securing political power.
    Few communities are entirely free from this--particularly in such a disturbed period as the present. It is too much to expect that this crime will permanently rid this community of the self-seeking political agitator, who by misguiding and misleading the people hopes to get into office and put someone else out.
    But if this community has learned the lesson of this tragedy, political agitators and trouble makers will never have as EASY a time in the future as they have had in the past.
    For their success depends upon two things: First, public indifference; second, too great a willingness to believe evil of others.
    Because of public indifference the political agitators and character assassins are allowed to sow their poison day after day, month after month, year after year--practically unopposed. For while the victims protest, as do their friends, unless they are supported by the people as a whole, the destructive propaganda goes on and on, until its cumulative effective, as in this case--is tragic.
    While resistance is thus broken down, the little ball of hate and discord grows like the proverbial snowball, because, as above stated, many people are so READY to believe evil of their fellow men--assume they are guilty--without a chance of being heard, without even taking the trouble to investigate the other side of the story.
    Had the people of this community been aroused from the outset--been politically "conscious" from the start, so to speak--the destructive and sinister agitation which culminated in this terrible tragedy would have been stopped before the danger point had been reached.
    Or, had they as a WHOLE refused to so readily believe evil of others--merely insisted upon adhering to the fundamental principle of fair play--that every man's innocence is to be assumed, until the contrary has been proved--the disaster would also have been avoided.
    But they didn't. If they do in the future--if the people as a whole, not only during elections but between them, awake to their civic responsibilities; if they refuse to believe charges of graft, corruption and skulduggery on the "say-so'' of any person, but demand proof--insist upon the facts--insist upon hearing both sides before they decide either side is right or wrong--
    Then, as far as the future peace, prosperity and welfare of this community is concerned, George Prescott will not have died in vain!
Medford Mail Tribune, March 19, 1933, page 4


    No effort has been made to secure the release on bonds of Mrs. Henrietta B. Martin, president of the "Good Government Congress"; her father, C. H. Brown, secretary; L. O. VanWegen, Joe Bunch, Edwin L. Malkemus, self-purported ordained minister, and the Rev. O. R. Kring, arrested on warrants charging criminal syndicalism. All will be given a preliminary hearing or their cases referred to the grand jury as soon as the pressure of official business permits. The authorities allege that those arrested were the leaders in keeping the "agitation going."
    Mrs. Martin also stands charged, with Brown, VanWegen and L. E. Fitch (beaten up Thursday with a pistol butt in the hands of an outraged citizen), with riotous conduct and disturbing the peace, for the attempt of Mrs. Martin to lash editor Leonard Hall with a buggy whip. VanWegen awaits a decision of the justice court on a gun-carrying charge, and Brown on a charge of "slandering a bank."
    Jail attendants said Saturday that Mrs. Martin was getting "uppish and peeved at confinement," and that her attitude was changing. She is kept in a cell by herself.
    Brown has as cellmates Arthur LaDieu, former Banks aide, and John Glenn, former county jailer, charged by indictment with roles in the ballot theft. Brown paces his cell nervously. For several weeks he was "the messenger boy" between the county judge's office and Banks' office. He told intimates that he was going to be named "collector of delinquent taxes" by County Judge Fehl. Brown circulated petitions for the recall of Judge Norton and demanding the resignation of Commissioner Nealon. He was one of the busiest members of the "Good Government Congress." Papers in his possession showed that he made collections for the "defense fund" from "Good Government Congress" members.
    Several of the donors are known to have received commissary supplies. Brown has been a resident of this county for about a year and formerly lived in Oakland, Cal.
    Mrs. LaDieu, detained as a material witness following the Prescott murder, was released on her own recognizance Friday afternoon, after appearing before the grand jury, it is said. She was allowed to depart to care for her children.
    Joe Bunch, held on a criminal syndicalism charge, has only been a resident in this county since last September. His wife, in seeking his release, claimed he was only an innocent bystander. The authorities maintained silence on his role.
    The Rev. Kring, arrested Friday on a criminal syndicalism warrant, is well known in this city. He made a speech at the "congress" meeting the night the ballots were stolen and also read a poem. The Rev. Malkemus was a fiery orator. He talked of "nooses and ropes," and once advocated "seizing the county." Ten days ago he was arrested on a warrant charging larceny by bailee.
    T. L. Brecheen of Ashland and C. W. Davis, charged with the ballot theft, were brought here from Grants Pass Friday and lodged in the county jail. Davis was named a machine shop deputy by Fehl. The county court disallowed his pay. Brecheen was reputed to be the "star boarder" of the court house. He had room atop the structure and ate at the jail table, it was said. He was the "cheer-up" speaker at "congress" sessions, claiming 25 years friendship with President Roosevelt and Justice Brandeis. At one meeting a lady mildly doubted the authenticity of the friendship.
Medford Mail Tribune, March 19, 1933, page 8


    State police and the district attorney's office have completed a thorough search of the Banks home, which has been in the custody of the coroner since the murder. They report finding "plenty of evidence--documentary and otherwise," implicating Banks in both murder and criminal syndicalism activities. Fiery letters he addressed to "congressmen" have been turned over to the authorities.
    SALEM, Mar. 20.--(AP)--William Levens will act as special prosecutor in all criminal matters resulting from the controversy that has been raging in Jackson County for several months.
    At the request of Governor Julius L. Meier, Attorney-General I. H. VanWinkle named the prosecutor from his legal staff.
    Levens said he would appear before the grand jury at Medford today.
    The governor's letter asking for the appointment of a special prosecutor made special reference to the alleged theft of ballots cast at the November election in Jackson County and the recent slaying of Constable George J. Prescott, charged to Llewellyn A. Banks, militant newspaper publisher and leader of the so-called Good Government Congress.
    Levens was also authorized to investigate all acts of criminal syndicalism, libel law infractions and all other violations of the criminal laws of the state.
    William S. Levens, named by the governor as special prosecutor for all actions arising out of the Jackson County agitation, arrived this morning, and started work at once. He will cooperate with the district attorney's office and the state police. He will have charge of the grand jury which convenes tomorrow.
    Levens has been an assistant attorney-general of Oregon since 1929, and is one of the leading attorneys of the state. He was prohibition commissioner under Governor Walter M. Pierce. He was prosecuting attorney of Baker County for 12 years. He was born, reared and educated in this state, and has been prominent in important legal matters for years. He is well versed in all phases of the law. His home city is Baker, Ore.
    Assistant Attorney-General Levens said that morning, in a short interview, that all matters coming under his jurisdiction would be handled as fast and consistently as possible, and that he had started work to this end.
    Levens will have charge of the investigation and prosecution of all murder, criminal syndicalism, criminal libel and ballot-burning cases. In this he will be assisted by the district attorney's office.
    The grand jury, Theodore J. Bell, Jr., of Talent, foreman, will meet tomorrow morning to consider evidence on the information charging L. A. Banks, local agitator and former editor; his wife, Edith R. Banks, and E. A. Fleming, Jacksonville orchardist, with first degree murder for the slaying of Constable George J. Prescott last Thursday when the latter went to the Banks home to serve a warrant for Banks' arrest as one of the secretly indicted ballot-burners.
    Banks admitted firing the fatal shot, and told state police that "he would do it again." Mrs. Banks assertedly held open the door through which her husband fired the fatal shot, and Fleming was in "conference" with Banks. He was found armed, it was said, and arrested when he endeavored to leave the murder scene.
    The grand jury will devote its initial attention to the first degree murder charges, and will proceed with its investigation of the other cases as fast as possible.
    An early trial on the murder charge will be sought, and the other cases will be taken up as soon thereafter an possible.
    Mrs. Banks continued her cool and calm mien in her cell in the county jail, and jailers reported that her attitude had not changed since last Thursday.
    Reports to local authorities indicated that Banks, in his cell in the county jail at Grants Pass, talked freely to his guards and jailmates and was still defiant. He smokes cigarettes incessantly and has periods of extreme nervousness.
    Fleming, also held at Grants Pass, was reported as viewing the situation with deep seriousness, and was very nervous.
    Henrietta B. Martin, president of the "Good Government Congress" and one of the chief lieutenants of Banks, was still in jail today, and no effort had been made to secure her release on $7500 bonds. She was reported as calm, with her attitude changed but little. She has no visitors and spends her time reading.
Medford Mail Tribune, March 20, 1933, page 1


    Friends of Sheriff Gordon L. Schermerhorn today started circulating petitions addressed to Governor Julius L. Meier, asking that Sheriff Schermerhorn, under indictment in the ballot theft case, he retained as sheriff, "pending the determinatton of any and all charges that have been or may be entered against him."
    Frank J. Newman, attorney for the sheriff, said that the petitions were issued at the behest of friends of Schermerhorn of many years standing, and that it was upon their solicitation that he prepared them.
    The governor last week called a hearing before Circuit Judge W. M. Duncan to hear testimony upon his fitness to continue in the office. The court will report its findings to the governor. A suspension for 90 days is sought. The county commissioners filed a petition with the governor asking for a hearing. It has been called for Thursday next.
Medford Mail Tribune, March 20, 1933, page 1


    The district attorney's office this afternoon ordered the arrest of Walter J. Jones, mayor of Rogue River, indicted for ballot robbery, if and when he is located in a Portland hospital, as reported by his attorney in an affidavit filed this morning. The state police have been asked to locate Jones.
    Thomas L. Brecheen of Ashland, held in the county jail for ballot stealing, filed an affidavit this afternoon, in justice court, stating that he was sick, and asking to be released for medical care. The affidavit was signed by Dr. D. M. Brower of Ashland.
    Walter J. Jones, mayor of Rogue River, road supervisor appointed by Earl H. Fehl as county judge, and "Good Government Congress" leader in the north end of the county, failed to surrender this morning to the authorities as promised by his attorneys upon an indictment charging him with "burglary not in a dwelling," in connection with the brazen but bunglesome ballot robbery on the night of February 20, from a courthouse vault.
    His attorneys, T. J. Enright and H. Von Schmalz, presented an affidavit this morning setting forth that Jones was ill in a Portland hospital and that he was unable to present himself.
    Saturday the attorneys assured the court that Jones was on his way here and he was to surrender this morning at ten o'clock.
    State police waited after the hour and were prepared to go in search of Jones. The authorities are checking on the Portland hospitals, and will ask that Jones furnish a doctor's certificate to the court.
    Jones was one of the 17 named men and six John Does listed in a secrct indiciment, charging them with the ballot thefts.
    Claude Ward, a brother-in-law of Banks, slayer of Constable Prescott, and slated for a machine shop foremanship last January, also indicted, is also ill. A doctor's certificate has been issued attesting the genuineness of his illness. He will be arrested as soon as his condition will permit.
Medford Mail Tribune, March 20, 1933, page 1


    L. E. Fitch, courthouse corridor and Medford Daily News office frequenter, when the latter was under the control of L. A. Banks, was placed in the county jail this morning, charged with criminal syndicalism. He was brought from the hospital to a cell. Last Thursday morning Fitch halted a local man and allegedly made a slurring comment. He was beaten on the head so severely, it was necessary to remove him to the hospital for treatment. Since the first of the year he had been one of the most persistent loungers at the courthouse. Several complaints have been filed that Fitch was making veiled threats against visitors to the courthouse.
    Fitch is also named as a co-defendant with L. O. VanWegen, as aides of Henrietta B. Martin in her attempted buggy-whip attack on Leonard Hall, editor of the Jacksonville Miner, when the woman leader of the "Good Government Congress" took offense at an item appearing in the weekly.
    Fitch claimed to be a Forest Service employee. The U.S. Forest Service says he has no connection with that department.
    Fitch's bond was placed at $7,500.
    Now held in the county jail on criminal syndicalism charges are, besides Fitch: Mrs. Henrietta B. Martin, president of the "Good Government Congress," her father, C. H. Brown, secretary of the organization, also facing trial for "slandering a bank"; Edwin L. Malkemus, self-purported minister, the "noose and rope" orator of the "congressional" sessions, who at one meeting advocated the "seizure of Jackson County"; Andrew H. Simpson, Jacksonville, a miner, who was rebuked by Justice Coleman for charging a "frame-up." On the night the ballots were stolen Simpson attracted attention by standing on the platform ledge where all could see him; O. R. Kring, spiritualist minister, who read an original poem at the same meeting; L. O. VanWegen and Joe Bunch are also held.
    Further criminal syndicalism warrants will be served, it was claimed. The courthouse today enjoyed the greatest calm and quiet since the first of the year. There were no loafers in the corridors and no agitation. Public revulsion and the fact that most of the leaders were in the county jail was given as the reason for the change. Vigorous sentiment expressed throughout the county demanded that the courthouse halls be kept clear of loungers, and cease to be an agitation center. The county court plans an order to this effect.
Medford Mail Tribune, March 20, 1933, page 3


    State police today were checking upstate hospitals in an effort to locate Walter J. Jones, mayor of Rogue River, indicted in the ballot theft cases, and reported yesterday by his attorneys as sick in a Portland hospital in an affidavit filed by his counsel. The district attorney's office ordered his arrest yesterday, when and if found. State police said they had been unable to find any trace of Jones in Portland hospitals.
    Jones was not at home last Wednesday afternoon and evening, when an effort was made to serve a warrant upon him. Saturday his attorneys announced he was in Portland, and would surrender Monday at 10 a.m. He failed to do so and later the affidavit was filed claiming sickness. Jones was a leader in the "Good Government Congress," and was a frequent courthouse visitor, taking part in the "demonstrations." Authorities say he was both inside and outside the courthouse auditorium on the night the ballots were stolen.
    Claude Ward, a brother-in-law of Banks, also indicted on the ballot theft charge, is ill. His sickness is certified by a doctor's affidavit. He will be served with a warrant as soon as his health will permit.
    All warrants in the ballot-stealing case have been served except the John Doe warrants, and those for the above two men. Officials claim that all the leaders are apprehended. They refused to deny or confirm the report that "a dozen have confessed."
    John Glenn of Ashland, former county jailer, held in custody, is expected to furnish bail in the sum of $7,500 Thursday. Friends have come to his assistance.
    Officials reported today that an effort was being made to secure the release of Mrs. Henrietta B. Martin, president of the "Good Government Congress." So far they have been unavailing. Mrs. Martin was reported today as reconciled, but dissatisfied that she was not allowed a cell with Mrs. Banks, and had received no visitors.
    The authorities admit they have practically established a "basic motive" for the ballot thefts, and that the votes for sheriff were a secondary consideration. Recently located correspondence indicates that as early as last November they were a source of worry, and that the law and penalty for ballot theft was discussed. A "tip'' was responsible for placing the ballots in a vault last December 31. A re-check of the ballots unstolen will be made as soon as possible. Several discrepancies have been unearthed in the count for the various offices, some county offices receiving close to 1,000 more votes than the President.
Medford Mail Tribune, March 21, 1933, page 1


    In the event that Circuit Judge W. M. Duncan of Klamath County returns tomorrow, as planned, the hearing on the petition seeking the suspension of Sheriff Gordon L. Schermerhorn will be called in circuit court. The governor ordered the hearing upon charges of the two county commissioners that Sheriff Schermerhorn was not fulfilling his duties properly, showing favoritism to "congressmen" in and out of jail, and that his suspension was necessary for the conduct of county jail affairs.
    Under the law, the circuit judge will hear the evidence and make recommendations to the governor for final action. The law gives the governor power to call such hearings for peace officers.
    Schermerhorn is represented by attorney Frank J. Newman, who filed a petition for delay last Saturday, on the grounds he did not have sufficient time to study the case. A postponement was granted until tomorrow.
    Petitions to the governor, asking that Sheriff Schermerhorn be retained in office were circulated yesterday in this city and a number of country districts, including the Applegate. No figures as to the number of names signed were given out. They will be directed to the governor. It was reported the petitions were being circulated by members of the Good Government Congress.
    Sheriff Schermerhorn, among those indicted for the ballot theft and burning it, at liberty on $7,500 bond, with Jens Jensen and T. L. Taylor as sureties. The official has been a resident of this county for nearly 40 years and is widely known, particularly among the older residents.
Medford Mail Tribune, March 22, 1933, page 1


    Authorities admitted today that they had knowledge and affidavits that the so-called "inner circle" of the "Good Government Congress," of which L. A. Banks was honorary president, planned to kidnap District Attorney George A. Codding and his assistant, George W. Neilson, and a high county official whose resignations they demanded. The meeting was held at the home of Banks, and the affidavit was made by O. H. Goss, of the Jackson County Unemployed Council.
    Many of those present at the meeting opposed the kidnapping plan, and were afterwards ostracized as active workers in the "congress." At the organization meeting, held in the courthouse, some of those who opposed the fantastic criminal venture ran for offices and were defeated. They claimed that Banks stationed 15 or 16 of his aides, who voted solid. It was at this meeting that Henrietta B. Martin was elected president, over the objections of some "who thought a woman should not lead us."
    At this same meeting it was proposed by a woman present that Banks be given dictatorial powers. He himself opposed this, but agreed to act in an "advisory capacity."
    The authorities say they now know the place where the kidnapped officials were to be held, and that their resignations were to be the ransom price. The evidence collected will probably be a cause for grand jury probing. The names of those involved are known.
    About the time the kidnapping plot was hatching, a demonstration was held at the courthouse, at which Banks and E. H. Fehl were the main speakers, and demands were made for the resignation of Commissioner R. E. Nealon, District Attorney Codding, and Circuit Judge Norton. It was at this demonstration that Banks told his hearers, as he screamed with rage: "George Codding must be put out of office, and I don't care how you do it.'
    After this session, Banks stood at the exit door of the county court room and shook hands. The same day petitions were signed demanding the resignations.
    In his writings also about this time, Banks cited the kidnapping then prominent in the national news as proof of the "breakdown of law and order," and deplored them, while concocting a similar outrage.
    Authorities also regard it as significant that in the second speech Banks made at the "Good Government Congress" meeting, the night that the ballots were stolen, he took his fountain pen and placed a match in the clip, improvising a cross. He declared that one of his followers arrested on a gun charge was being "crucified by the gang." Banks dwelt at some length on the "significance" of the crude insignia. Officials think that the pen signified the "write-in" names in the sheriff's race and that the match signified those "in the know" that the destruction of the ballots was underway. The "cross" was greeted vociferously by some present, while the majority sat surprised. To the 100 or more onlookers through the window, it was "another one of those things."
    When Banks had finished, E. L. Malkemus made a fiery talk, and Rev. O. R. Kring read a poem of his own construction. Both are held in the county jail on criminal syndicalism charges. Malkemus posed as an ordained minister. Kring is a leader of a spiritualistic group.
Medford Mail Tribune, March 22, 1933, page 1


    It became known today that E. A. Fleming, Jacksonville orchardist, held with L. A. Banks and his wife on an information charging first degree murder, is one of the six "John Does" named in the secret indictment returned a week ago in the courthouse ballot thefts.
    Practically all the men named in the indictment have been jailed or are at liberty on bonds. The authorities say two or three minor figures in the brazen and bungled crime are still at large.
    Claude Ward, a brother-in-law of Banks, and mentioned for a county job last January, is still sick at his home. He will be arrested as soon as his health permits.
    A complete roundup of all the main evidence in the ballot thefts was reported.
    Fleming was at the Banks home in conference when Constable Prescott was killed last Thursday. He was arrested by state police, who were guarding the back door. Fleming was armed at the time, the authorities say. His connection with the ballot burning was not divulged.
    Fleming was an active worker in the "Good Government Congress," over the objections of his kin, according to the authorities. He was also a frequent conferee with Banks at his home. Two of Fleming's former employees, Earl Bryant and James V. Gaddy of Jacksonville, were arrested last Saturday on ballot theft charges.
    Following discovery of the ballot robbery, Fleming, according to Jacksonville reports, "knew a lot about it."
    Fleming signed Banks' bond when he was arraigned in an Ashland justice court last February on a criminal libel charge. The next day kin withdrew his name.
    Ten years ago during the Klan rumpus, Fleming was a leader in the Jacksonville district, and was accused by then Sheriff Terrill of "playing horse around the courthouse nights."
Medford Mail Tribune, March 22, 1933, page 3


    Whereas, a state of affairs has been for some weeks past in existence in Medford and Jackson County that has been a menace to society and good government and the orderly conduct of the peace and well being of the community; and realizing that this condition has been brought about by certain individuals in the organization of the so-called Good Government Congress, and agitated and fomented by certain newspapers supporting and giving countenance to said "congress" and its sponsors; and that an attempt at usurpation of civil power has been made on numerous occasions by individuals giving aid and support to the said organization; and this condition has prevailed until one of our most beloved and respected brothers, and a fine and respected officer, George J. Prescott, has given his life at the hands of a ruthless killer who was one of the foremost of the persons bringing about this condition of affairs; therefore, be it
    Resolved, that we, the members of Medford Lodge No. 83, Independent Order of Odd Fellows, deeply deplore the conditions that brought about his demise, and will ever miss his presence; and be it further
    Resolved, that we hereby endorse and will assist in any legal manner the courts, peace officers in the performance of their duties to our fullest extent; and be it further
    Resolved, that there is no place in the membership of our organization for any members of the so-called Good Government Congress, or any like organization, the intent of which is to foster sedition, discord and strife. This we pledge--unto the last man.
    Resolved, that a copy of this resolution be spread on the minutes of this lodge, and a copy be given to the two daily newspapers of Medford for publication.
    Done in regular session of this lodge the 21st day of March, 1933, and placed under the seal of this lodge.
Medford Mail Tribune, March 22, 1933, page 8


    Walter J. Jones, mayor of Rogue River, sought for the past week upon an indictment as one of the Jackson County ballot thieves, was arrested at his home by state police shortly after daylight this morning. His apprehension brings the list of known "Good Government Congress" members wanted down to one. The latter is Claude Ward, brother-in-law of L. A. Banks, slayer of Constable Prescott, ill at his home with flu, it is reported. He will be arrested as soon as his health will permit.
    State police say that since Monday they have received information that Jones was "ducking and dodging around the north end of the county." They have definite information that he was in three different localities since Monday. The authorities also state that they have information showing Jones was in touch with his family. He was arrested as most of Rogue River slept. Jones was in bed. He claimed he had a cold.
    Jones was brought to the county jail that morning. The jailers say he ate a hearty breakfast, and was apparently in good health. He will be examined by a physician today.
    Jones has been at liberty on $5000 bonds, with J. T. Thomas and Nick Rossi of Ashland as sureties. The district attorney's office announced yesterday that unless Jones was produced today, steps to cancel the bond would be taken. Jones' bond has been fixed at $7500.
    Following the return of the secret indictments on the ballot stealing, Jones has been the object of a wide search. He could not be located at his usual haunts or home last Thursday or Friday. Saturday, at the surrender of County Judge Earl H. Fehl, attorneys Enright and Von Schmalz announced that Jones was in Portland and would appear voluntarily Monday morning at 10 o'clock. When Jones failed to do so his counsel announced he was sick in a Portland hospital. A check of the leading hospitals failed to locate him. Then it was announced, supported by the affidavit of a doctor, that Jones was "sick at the home of a friend" in Portland.
    The state police are checking thoroughly on Jones' movements for the past week, in an effort to determine where he has been and if he had a companion for at least a part of the time. The first report that he was in the county was received Sunday.
    Jones has been an active worker in the "Good Government Congress" since its formation. During the Lamkin-Bursell trial, conducted by Fehl last January, he dramatically demanded, in the presence of a packed room, that Commissioner Nealon resign. He was such a constant frequenter of the courthouse that many citizens thought he was the holder of an official position.
    The authorities refuse to reveal any information upon the evidence collected against him, except "he was inside and outside the courthouse on the night the ballots were stolen, and seen by a dozen witnesses."
    Jones was named a road supervisor by County Judge Fehl recently, for the Rogue River district.
Medford Mail Tribune, March 23, 1933, page 1


    Hearing to determine the fitness of Sheriff Gordon L. Schermerhorn to hold the office of sheriff, and asking for a suspension of 90 days, will be held tomorrow, instead of today, as scheduled. Circuit Judge William M. Duncan of Klamath County was unable to finish a case in progress there in time to reach here today.
    It is also expected that the grand jury will make its first report to the court. It has been in session since Tuesday noon, examining a number of witnesses on the information charging L. A. Banks, editor and orchardist, his wife, Edith R. Banks, and E. A. Fleming, Jacksonville orchardist, with first degree murder for the killing of Constable George J. Prescott a week ago.
    The grand jury is expected to bring in two or three indictments against minor figures in incidents connected with the recent turmoil.
    The petition asking for a hearing on the fitness of Sheriff Schermerhorn was presented to the governor, and signed by the two county commissioners. It is alleged that the sheriff failed to perform his duties, failed to handle the situation, showed favoritism to "Congressmen," and by his attitude hampered others. County officials and others in close contact with the sheriff will be called as witnesses.
    The court will hear the evidence, and will file a report with the governor who has the final decision in the matter. Sheriff Schermerhorn is represented by attorney F. J. Newman.
    Circulation of petitions to the governor asking that Schermerhorn be retained continues. The number of signatures secured was not made public, but it was reported that few were signing in this city and Ashland, and that in many instances the circulators met with rebuffs.
    No further arrests are expected in the ballot burning case. All but two of the indicted 23 men are in custody, or under close surveillance. One is a "John Doe."
    State police continued today to take the depositions of witnesses in both the Banks killing and in the criminal syndicalism and ballot thefts. County Judge Fehl, Sheriff Schermerhorn and Virgil Edington are the only ones indicted at liberty on bonds.
    Jailers reported this morning that Mrs. Henrietta B. Martin, president of the "Good Government Congress," was in a cheerful mood and accepting her confinement philosophically.
    Mrs. Edith R. Banks, held on a first degree murder information, was said to be irritable and nervous, and not as haughtily defiant as first following her arrest.
    The men held on various charges spend their time playing checkers and cards and reading. The bright sunshine yesterday and today caused some to wish they were out exercising.
Medford Mail Tribune, March 23, 1933, page 1


    Authorities this morning issued a statement explaining that Constable George J. Prescott, murdered a week ago by L. A. Banks, was given the warrant to serve because Sheriff Gordon L. Schermerhorn was under indictment for the same offense--ballot stealing--and therefore could not serve the warrant. The warrant, with others, was issued and signed by the county clerk upon orders of the circuit court. The district attorney's office had nothing to do with this phase of the legal proceedings--its duties were centered in the presentment of the evidence upon which the ballot theft indictments were returned.
    There has been some criticism because the sheriff's office was not given the warrant to serve upon Banks. It is based solely upon this unjust, unwarranted conjecture.
    It is the rule that when the sheriff, for any reason, cannot serve a warrant, that it be placed in the hands of the constable and issued in his name.
    Constable Prescott, when the warrants were placed in his hands, called to his aid three state policemen and proceeded to the Banks home. Two of the state police were stationed at the back door to prevent any escape. Sgt. James O'Brien went with Constable Prescott to the front door. Mrs. Edith R. Banks opened the door as far as the door chain would permit. Banks, out of range and behind his wife, then fired the fatal shot. The law could not foresee the desperate defiance and murderous intent of the slayer.
    Banks had threatened many times to slay any officer who came to arrest him, and made good his boast. The state policemen stationed at the back exit heard a muffled sound, followed by the flight of E. A. Fleming, Jacksonville orchardist, who was armed. They arrested him. They had never seen Banks and thought at first that Fleming was the ex-editor and agitator instead of a "congressman."
    The statement of the authorities is as follows:
    "The grand jury returned an indictment charging several persons with the theft of election ballots. The indictment was returned in open court, and the circuit judge ordered the issuance of bench warrants for all these persons immediately.
    "The warrants of arrest were issued in accordance with the order of the circuit court and were signed by the county clerk as the law requires.
    "Since the sheriff was one of the persons indicted, he could not serve the warrants, and therefore it was necessary that the clerk issue the warrants in the name of someone else, and they were issued to George Prescott, the regularly elected constable.
    "Mr. Prescott, as is customary, called to his aid three Oregon state policemen and went to the home of L. A. Banks to place him under arrest.
    "Banks had threatened to kill ANY officer who came to arrest him."
Medford Mail Tribune, March 23, 1933, page 1


    At this morning's session of the circuit court, in the Schermerhorn ouster and suspension hearing, testimony was introduced by the state in an effort to show that the sheriff was reluctant to serve warrants against County Judge Earl H. Fehl and L. A. Banks, the latter now under indictment for first degree murder; that "his attitude was one of encouragement towards threats made by Banks' guards, and that he maintained a close liaison between Banks and Fehl, and conferred with them on matters in which both were interested.
    J. T. Davis, transfer man, testified at this afternoon's session that Sheriff Schermerhorn had talked to him about securing the release of the newsprint of the Banks newspaper seized by the constable, and he had refused, "except under the proper papers." Davis said the newsprint was held in his warehouse, and that the sheriff and four or five others had endeavored to have him release it. He testified that later he saw Schermerhorn, and the sheriff told him, "we can't do nothing until morning."
    Davis further testified that he was visited at the warehouse by four or five men he did not know, who endeavored to have him turn back the newsprint.
    "One of them," Davis testified, "got hard-boiled, and said, "What would you do if we broke down the door, and took the paper."
    Davis said he replied:
    "If any of you fellows want to break down the door to my place while I am here, go ahead and try it."
    Davis said one of the men suggested, "You leave the door open and we will go in and get the paper." Davis frowned on the proposition.
    The witness said that he talked with the sheriff at his place, and in front of the News office.
    Davis said the men with the sheriff on the visit were not known to him by name, "but he had seen them around the newspaper."
    Sam Carey, former ad solicitor for the Banks paper, completed his testimony at the start of the afternoon session. Under cross-examination, he did not materially change his previous testimony that Sheriff Schermerhorn had been present when threats were made, and made no effort to halt them.
    Carey testified that the sheriff had said, at one point, when threats were made:
    "That's the way they did things in the old days, but that don't go anymore." Carey said he told the "Banks guards" they would have to accept any legal paper served.
    Carey testified that C. J. Conner, Wesley McKitrick, Arthur LaDieu, and Donald Tryor, all under indictment for the ballot thefts, were armed guards in the Banks plant.
    McKitrick testified at the morning session that he had talked to the sheriff about getting a permit to carry a gun and was told "it won't be necessary." McKitrick also testified to threats and conditions.
    A packed courtroom greeted the afternoon session. Many of the spectators came during the noon hour. The court ordered the bailiff and state police to permit only those able to be seated to remain in the courtroom, "because the fire hazard is too great." He ordered the court authorities to keep the aisles clear.
    Frequent objections and exceptions to testimony were offered by attorney F. J. Newman, counsel for Sheriff Schermerhorn.
    Sam Carey, former ad solicitor for the Banks newspaper, testified that Sheriff Schermerhorn was a frequent visitor at the "News" office, that threats are uttered by "guards" in his presence, to which his "attitude was one of encouragement," that after the late Constable Prescott had seized newsprint on a legal attachment, Sheriff Schermerhorn had, over the telephone, sought its release, and held the view "that the second seizure was not legal, on the first attachment."
    Carey testified that the men frequenting the News as "guards" were armed and had declared "they would not permit another seizure." Carey was on the stand at the noon adjournment, and was under cross-examination this afternoon at the opening of court. Carey testified that he had heard Arthur LaDieu, former manager of Banks' paper, tell the guards, if another attachment was threatened, "to tag 'em and let them lie."
    M. O. Wilkins, former attorney for Banks and counsel for Fehl, testified that he was present at a conference held at the county judge's home, called for two o'clock in the morning on January 2 last. Wilkins testified that Fehl told him he was "a representative of Schermerhorn's" and that the absent sheriff would return from Northern California in the night and deputies would be sworn in at Fehl's home. He said John Glenn, Thomas L. Brecheen and six or eight other men were present at this meeting at which deputies were sworn in, and the date on ballot recounts discussed at length. Glenn and Brecheen are under indictment for ballot theft.
    Wilkins testified that "plans were formed for taking possession of the sheriff's office," and that "resistance was anticipated." Wilkins said he had presented a bill to the sheriff for services, but it had been ignored. He testified he acted as counsel for Schermerhorn upon the representations of Fehl, who took an active part in the proceedings held at his home.
    Wilkins also testified to difficulty he encountered in having Schermerhorn serve a warrant upon Banks, on the first indictment for criminal libel, and "that it was held by the sheriff from Thursday evening to Saturday noon," and that Banks surrendered voluntarily, per announcement he made at a "great assembly of the Good Government Congress" in the Armory.
    Attorney Newman asked Wilkins, in cross-examination, if he had "been quite an agitator yourself." The impeachment was denied. The witness admitted he had been attorney for both Banks and Fehl in litigation arising from the turmoil.
    Twenty witnesses, including two former "Banks guards" are scheduled to be called by the state, represented by attorney O. C. Boggs. Attorney Newman said "plenty of witnesses" will be called by the defense.
    It is now forecast that the hearing will last until late tomorrow, if not into next Monday
    Hearing before Circuit Judge W. M. Duncan of the charges filed against Sheriff Gordon L. Schermerhorn, asserting his unfitness and ineligibility to hold the position, was started this morning, and it is anticipated that the session will take the entire day.
    The hearing was called by Governor Meier, upon the filing of the charges by Commissioner R. E. Nealon and Ralph Billings. The court will hear the testimony and file recommendations with the governor, who will act upon them.
    Sheriff Schermerhorn is charged with inefficiency, failure to properly perform his duties, obstructing justice, and showing favoritism to "Good Government Congress" members.
    Eighteen witnesses are scheduled to be called in support of the charges. They are:
    County Clerk George R. Carter, Mrs. J. F. Lawrence, who appeared before the "congress" on the night the ballots were burned in an effort to have the "congressmen" subside in talk and acts; attorney Allison Moulton, Robert Bell, janitor at the court house; J. T. Davis, Wesley McKitrick and Virgil Edington, two men formerly "Banks guards"; Sam Carey, former ad solicitor for Banks' paper; Ernest Scott, business manager of the News; Bert Harr, an upper Applegate farmer; Joe Cave, city policeman; Chief of Police Clatous McCredie; Fred Kelly, recently named jailer; Miles Randall, Earl Foy, Deputy District Attorney George Neilson, County
Commissioner R. E. Nealon, attorney M. O. Wilkins, and Commissioner Ralph Billings.
    Commissioner Billings was the first witness. He was called after attorney Frank Newman had filed an answer denying the charges, and a motion attacking the constitutionality of the proceedings had been filed. The court ruled that the latter was a matter for the state supreme court.
    Commissioner Billings testified that since the first of the year, the court house corridors had been overrun with "loafers and loiterers," and that the sheriff made no effort to curb them. He testified that this condition hampered county work, and "that lady clerks were afraid to go down the hall, unless a man was with them." Commissioner Billings testified that on March 6th, when L. A. Banks made his "revolution talk," he and Commissioner Nealon, in the presence of Sheriff Schermerhorn, proposed that the halls be kept clear, and that Sheriff Schermerhorn proposed posting of placards prohibiting loitering.
    Attorney Allison Moulton testified that when he filed a garnishment of County Judge Fehl's salary, the sheriff "seemed reluctant to act," and "wanted to see his lawyer." Attorney Moulton advised the official that he had been called upon to "serve a lawful process and if he failed to do so, his bond was in danger of being questioned."
    Moulton testified that he went to the clerk's office to serve the process with the sheriff, but when he reached the office, Schermerhorn asked to be excused "to see the district attorney, promising to be back in a few minutes." The attorney testified that after a half hour wait, he telephoned the district attorney's office and was advised that Sheriff Schermerhorn had not been there. The witness testified that efforts to locate Schermerhorn by telephone up to 11 o'clock that night were futile and that the garnishment was not served until "about 11 o'clock the following day."
    County Clerk Carter corroborated the testimony of Moulton, and identified the cancellation of the sheriff's bond by the bond company, his indictment by the grand jury on a charge of ballot theft, and other official papers in the case.
    Janitor Bell testified to seeing the sheriff and Moulton in the hallways on the late afternoon of February 28.
    Only a fair-sized crowd was present at hearing, the court limiting the spectators to those who could be comfortably seated.
Medford Mail Tribune, March 24, 1933, page 1


    With a score of leaders in the Good Government Congress in jail, some charged with first degree murder, others with stealing and burning the official ballots from the November election, and others with criminal syndicalism and another with slandering a bank, 185 conscientious citizens of Jackson County have already asked that their names be withdrawn from the membership of the "congress," a complete tabulation of published requests shows.
    Many of the group had verbally requested that Secretary C. H. Brown of the organization return their membership cards to them, but in no known instance has this been done. Citizens who said they had been misled and who signed the cards through misrepresentation have asked that it be made public they wished to formally withdraw from the group which has in every way violated all principles of good government, their letters state.
    Although "congressional" officials claim a membership of 6000, this number has never gathered at a public meeting, the largest assemblage having been estimated around 2000. Active workers of the "inner circle," who faithfully attended the sessions, were never estimated in numbers over one hundred.
    The county commissary, operated for some time under an appointee of County Judge Earl H. Fehl, was recruiting headquarters for the Good Government Congress, it was learned, and workers in the "congress" were receiving supplies from the county and at the same time condemning practically all of the county officials with the exception of Judge Fehl and Sheriff Gordon L. Schermerhorn.
    Supporters of Fehl, who were also members of the misnamed society, were shown preference in awarding road work, according to reports from various districts of the county.
    The following letter "To the Editor" the day after Constable George J. Prescott was shot down by the honorary president of the "congress," Llewellyn A. Banks, is indicative of the tide which swept through the county, causing many to ask for withdrawals:
    "We wish to announce to the public that our affiliation with the 'Good Government Congress' is terminated at this date.
    "While we believe in the tenets and principles endorsed on the membership cards we signed, the events of yesterday convince us that those principles have been violated and
therefore wish to be no longer affiliated with this organization."
    Another citizen who said he was sorry he had attended one meeting wrote the editor:
    "I wish to announce to the public that our affiliation with the 'Good Government Congress’ is terminated.
    "I only attended the first meeting, and I have been sorry ever since. I am a law-abiding citizen."
    That the Good Government Congress was formed to provide relief work for the unemployed was another claim by which many were inveigled into signing the cards, on which no mention was made of the true aims of the group, it was brought out in the withdrawal requests.
    Known withdrawals to date include the following:
Medford Mail Tribune, March 24, 1933, page 1


    Sensational and damaging testimony to the cause of Sheriff Gordon L. Schermerhorn was given in the ouster proceedings before Circuit Judge William M. Duncan yesterday afternoon, as the testimony closed. The sheriff is charged with laxity and inefficiency.
    Deputy District Attorney George W. Neilson testified that Philip B. Lowd, deputy sheriff, had made a signed statement to the state police that on the night the ballots were stolen from the courthouse, Arthur LaDieu, business manager of the morning newspaper when under the control of L. A. Banks, agitator and orchardist, and Wesley McKitrick, a "Banks guard," both under indictment for ballot theft, had come to the Phil Lowd home and borrowed his Hudson sedan. LaDieu was freed last night from the county jail by court order on $7,500 bonds.
    The deputy district attorney testified that his stenographic notes showed that LaDieu had told Lowd:
    "We want to go to the courthouse and get some liquor--and might want to steal some of the ballots, so there won't be a recount. That won't make you and 'Shimmy' mad." ("Shimmy" is a nickname for Sheriff Schermerhorn.)
    Lowd's statement, the deputy district attorney said, stated that LaDieu's car was placed in the Lowd garage, and his own auto backed out, and loaned to LaDieu and McKitrick. When it was returned it had straw on the floor, and was covered with mud. Lowd estimated that the car had been driven close to 60 miles, as seven or eight gallons of gasoline had been used.
    The deputy district attorney also testified that the Lowd car had been seen in the Rogue River district, on the early morning of the ballot robbery.
    The testimony of Neilson was a bombshell to the defense, who called Deputy Sheriff Lowd to the stand and read him the Neilson testimony. Lowd admitted that it was correct.
    The testimony of the official was the first direct evidence given in the ballot robbery to the public. Deputy District Attorney Neilson was hesitant about giving it, and was instructed by the court to be careful and not jeopardize any criminal case pending. Neilson testified as far as he could without revealing too many official secrets.
    Lowd in his statement declared he thought LaDieu and McKitrick "wanted the car for a party."
    Deputy Sheriff Lowd himself, called as a witness by the defense, testified that L. A. Banks, indicted with his wife for the murder of Constable George J. Prescott, told him over the telephone:
    "I'll kill you if you ever try to take me out of my home on a warrant."
    Lowd testified, "He told me that a great many times--but never thought he meant it--but I do now."
    The deputy sheriff testified he had served 21 civil papers and four criminal warrants on Banks since the first of the year. The witness said he wrote the letter, printed in full elsewhere in this issue, to Banks to induce him to go to Ashland, to answer before Judge Roberts to a criminal libel warrant. Banks refused to go until after he had made a speech at the Armory to the "Good Government Congress."
    Glen F. Shell, an employee of the "News" under Banks, testified that on the day the newsprint was seized, Sheriff Schermerhorn came to the News office and left the impression "the sheriff's office is behind the News." The witness said immediately the 15 or 18 "guards" became armed and threatening. He said Arthur LaDieu was the only employee with a gun that he noticed.
    Captain Lee M. Bown, in charge of the state police for the Southern Oregon district, testified that with the sheriff indicted and in charge of the jail where many indicted for ballot stealing were held, "the conditions were unsatisfactory."
    Deputy District Attorney Neilson previously testified that since the ballot robbery, "the district attorney's records of importance were kept in a vault away from the courthouse, as it was not considered safe, under present conditions."
    County Clerk Carter, recalled to the stand, produced the bonds of Sheriff Schermerhorn, and it developed they were approved only by County Judge Earl H. Fehl, who had been instrumental in procuring them.
    J. A. Perry, E. E. Kelly, Porter J. Neff, and V. J. Emerick, old friends of the sheriff, testified to his good character and reputation for many years.
    Under cross-examination Sheriff Schermerhorn testified that the testimony of I. E. Foy, who claimed he saw him help Arthur LaDieu unload furniture from the News into the Pacific Record Herald building after Banks was dispossessed was false, and that other testimony given against him "was not exactly as it happened." The sheriff emphatically denied he told the father of the Sexton brothers, held in the ballot stealing, "I'm afraid I was overheard, and talked too much."
    The sheriff was questioned at great length why he had "got up in the night to try and get the newsprint back for Banks, but never took enough interest in the courthouse auditorium meeting of the 'congress' to attend."
    The sheriff replied he had two agents there--Amos W. Walker and John Glenn--and they had reported to him that the meetings were "orderly and nothing out of the way said."
    The official admitted he had read in the papers that "congressmen at their meetings demanded ropes and nooses for the district attorney and the judge, and advocated seizure of the county," but had taken no action. He said he had heard Banks made his speech on the courthouse steps, declaring, "I will take the field in revolution." Asked why he had not acted, the sheriff said: "There were plenty of other officers there, and he stopped then."
    Banks' proposal that the sheriff "appoint 50, 100, or 1000 deputies to take over the county," was also passed by. The proposal was made the Monday before the Prescott murder, at the Banks home.
    The main objective of the cross-examination was to show that Sheriff Schermerhorn was indifferent to the incendiary words of the "congressmen" and their "running wild" through the courthouse, but solicitous of Banks' interests; that he was under the domination and dictation of Banks and County Judge Fehl, and that there was a liaison between them; and that the sheriff lent encouragement to the "boys" concentrating at the Banks establishment.
    The hearing of testimony concluded with the re-examination of Deputy Lowd. The court said he would deliberate for a couple of days before making his findings to the governor, who is expected to render a decision in a week or ten days.
    At the morning session of the court, Sheriff Schermerhorn took the stand in his own behalf, and entered a denial of all charges filed against him.
    The official, whose suspension for 90 days is sought, emphatically denied he had said either to Arthur LaDieu, former business manager for Banks, or Wesley McKitrick, a "Banks guard," as witnesses testified Friday: "If anybody tries to come in, put a tag on them and leave them lay." Schermerhorn also denied he told the "Banks guards," "I'll play marbles with you boys." The witness testified he counseled against violence, refused to issue gun permits, and declared, "I'll do my duty, stay with you boys, only as long as you do right. If you do wrong, it's my lookout as well as yours."
    Sheriff Schermerhorn also denied statements of witnesses that he had been a nightly visitor at the Banks home; that he had any favoritism towards Banks or Fehl, and that he was not under their political domination; that he knew nothing of the "two o'clock in the morning meeting" at the Fehl home; that he had never sanctioned the retention of M. O. Wilkins as a counsel; that he had anticipated no "resistance" in taking over the sheriff's office, and had told those at the Fehl home conference we "want no guns"; that his delay in failing to serve the garnishment on Fehl's wages was due to be "sure of my ground, before taking any action, that might be wrong," that he had encouraged loitering and loafing in the courthouse but instead had spoken to the county commissioners urging that action be taken.
    The sheriff said that he had agreed to resign, following an interview with the Committee of 100, and had suggested the names of C. E. Terrill, former sheriff, and William Eads of Rogue River to take the post, and had offered to rush over the management of the county jail to others. He said that after he met the Committee of 100, "I got to thinking it over, and the more I thought about it the madder I got and decided to change my mind and be thrown out, if at all. I had done no wrong, and was guilty of no wrongdoing--so why step aside."
    Sheriff Schermerhorn testified that he had been a visitor at the Banks home but three times--all in the daytime.
    He declared Banks had once proposed to him the appointment of "as many as 1,000 deputies to take over the county." The agitator told the sheriff he had "the power to name all he wanted" and that the state police "have no authority off the highway," "and you can name all the deputies you want."
    Schermerhorn testified:
    "Nothing doing. That's too big an order."
    Sheriff Schermerhorn testified he never "saw the letter Phil Lowd wrote to Banks, until it came up here yesterday." He told of the plans for the service of a criminal libel warrant issued by Judge L. A. Roberts upon the fiery "Congress" leader, and suggested that Deputy Lowd serve the warrant, "as Banks is liable to be troublesome, and Phil has good luck in handling him."
    The solicitous letter, introduced as an exhibit written on the stationery of the sheriff's office, was as follows:
L. A. Banks
1000 West Main St.
Medford, Ore.
Dear Sir:
    "Would it be agreeable to you should I be at the meeting, or at the close.
    "Yourself, Earl Fehl, and myself will have dinner together. Then we will go to Ashland, and pay Mr. Roberts a visit. This should only take about an hour.
    "Your cooperation will be appreciated.
    Bert Harr of the Upper Applegate testified Friday he had seen the letter in the Banks home, when he paid a visit.
    Mrs. Joe Daniels, matron and stewardess of the county jail, testified that as far as she could see, the jail was efficiently managed, that a saving had been effected, and that "order and decorum was maintained" by Schermerhorn appointees.
    On cross-examination the matron admitted that T. L Brecheen, indicted for ballot theft, "ate several times" at the jail table, and that C. H. Brown, secretary of the "Good Government Congress," was a "frequent diner." She said attorney Tom Enright and attorney Newton W. Chaney had "eaten a couple of meals." She also said the sheriff had eaten "meals, and said I am keeping track, and will pay for them."
    The matron said Brown ate meals in the jail while at liberty, upon the order of County Judge Fehl. She had also served meals to members of the grand jury of which William T. Grieve of Prospect was foreman, when they came in their official capacity.
    George W. Neilson, deputy district attorney, was the first witness called yesterday. He testified chiefly to negotiations conducted in an effort to name a jailer, "so the district attorney's office will have a third interest in it." He said that "conditions are unsatisfactory, because of the sheriff's connections with those involved and the suspicions cast by the sheriff's indictment for ballot theft complicity." He said his visits to the county jail were speedily known.
    "In view of the threats I have received by phone, I didn't consider it safe to be around the jail corridor--not that I was afraid."
    The official said he thought "Mr. Schermerhorn should step out for 90 days because of the suspicion in the ballot robbery." He thought he was unfit, because of the evidence gathered in the ballot robbery--the public doesn't know a fourth of it."
    During the examination of Neilson, the court asked attorney Newman to be brief and "not go too far afield. I want all the facts to be brought out, but I don't want any acrimonious feeling to crop out--there has been too much feeling already in this county. The court intends to keep the feeling down, and expects the attorneys to help him."
Medford Mail Tribune, March 26, 1933, page 1


    Clark Thomas of Ashland, deputy jailer appointed by Sheriff Gordon L. Schermerhorn, resigned from office late yesterday, following completion of the hearing to test Schermerhorn's fitness in office. It is probable that no successor will be named, as Officer Lew Bloom has been assisting at the jail, jailer Fred Kelly stated last night.
    Thomas' resignation it was believed was inspired by general disapproval and testimony given yesterday by Deputy District Attorney George Neilson revealing plans to request Thomas' withdrawal.
    Attorney Neilson stressed the claim that it seemed an injustice for Thomas to continue in capacity of deputy jailer when his father, Jean Thomas of Ashland, had gone the bond of several persons accused like those held prisoners of theft of ballots from the court house vaults February 20.
    One person indicted for the ballot theft was released from county jail late yesterday. Arthur LaDieu, former advertising manager of the Medford News under L. A. Banks, was granted his freedom when bonds of $7500 were furnished by Prof C. Engelhardt of Eagle Point, Mrs. Agnes Pinne and Clara Smith of this city. The bonds met with objection from the district attorney's office, but were approved by Judge W. M. Duncan pending proof of inadequate sureties.
    Attorney T. J. Enright was endeavoring yesterday evening to raise bail for John Glenn, former jailer indicted for ballot theft, but had failed to produce bondsmen.
Medford Mail Tribune, March 26, 1933, page 1


    Any member of the Good Government Congress wishing to resign kindly phone Mrs. Brown at any time after 6 p.m., 498-L. Their membership card will then be destroyed and their resignation go on record. Authorized by the president of the G.G.C.
Medford Mail Tribune, March 26, 1933, page 1


    It will be a week or ten days before Governor Julius L. Meier may be expected to render a decision in the ouster move against Sheriff Gordon L. Schermerhorn. Testimony in the proceedings was finished late Saturday. Circuit Judge W. M. Duncan of Klamath County, who heard the evidence, said he would inquire a couple of days in which to study and prepare his findings. They will be sent directly to the governor.
    The hearing lasted two days, and sensational and damaging testimony was divulged. Salient points in the hearing revealed that.
    Chief Deputy Philip B. Lowd had loaned his Hudson sedan to Arthur LaDieu and Wesley McKitrick, under indictment for ballot-stealing, shortly after midnight on the night the ballots were stolen; the testimony was given by Deputy District Attorney George W. Neilson, and corroborated by Lowd himself. Only part of the statement was revealed in court.
    That Sheriff Schermerhorn's appointments were hand picked by County Judge Fehl, and sworn in at his home, on the morning of January 2 last. The appointments were: John S. Glenn, former county jailer, under indictment; Clark Thomas, deputy jailer, who resigned Saturday night, and Amos W. Walker, who resigned a week ago as probation officer, working oust of the county judge's office. Lowd, the other appointee, is still on duty.
    That Deputy Lowd wrote a letter to L. A. Banks, asking when he could serve a warrant for criminal libel, and arranging for the presentation of Banks to the justice court in Ashland, following a "Congress assembly" at the Armory, where Banks was a speaker.
    That Banks had called Schermerhorn to his home and proposed that the official "name 50, 100 or 1,000 deputies to take over Jackson County." This was on Monday, March 13, three days before the slaying of Constable Prescott.
    That Sheriff Schermerhorn had been "solicitous" of the return of newsprint seized in Banks' paper, had maintained an "attitude of encouragement" to the "Banks guards," had ignored threats made by them, and had taken no action to keep the courthouse corridors clear, or act to suppress seditious talk in the courthouse and auditorium.
    That Sheriff Schermerhorn had shown reluctance to serve a legal process on the salary of County Judge Fehl, and had gone into conference with Fehl following its issuance.
    That there was evidence to show that Sheriff Schermerhorn had been under the dictation and domination of Banks and Fehl.
    That the sheriff had assisted in moving furniture into the Pacific Record Herald after it had been taken from the Banks paper, when Banks was dispossessed on a court order.
    That Banks-Fehl henchmen had eaten frequently at the county jail, when not inmates of the jail.
    That Sheriff Schermerhorn's bond, as filed in the county clerk's office, was approved only by County Judge Fehl, and not the other commissioners.
    The state attempted to show that Sheriff Schermerhorn was unfit for the position, and charged that he had shown favoritism to "Congressmen" and had "obstructed justice."
    The state also showed by testimony of the district attorney and the state police that under Schermerhorn's rule "conditions were unsatisfactory in the county jail."
    In defense, the sheriff presented testimony to show:
    That the service of the criminal libel warrant upon Banks was made as soon as possible after he received it.
    That he did not know of the existence of the letter written to Banks by his deputy until its introduction in court.
    That he had conducted an unusually large volume of business through his office, and his chief legal deputy, Olga Anderson, testified the office had been conducted as efficiently as the two previous administrations.
    That "outsiders" eating in the county jail had been upon the orders of the county judge, Earl H. Fehl.
    That he acted under the orders of the county court, and that it was at his suggestion that the halls of the courthouse be kept clear.
    That deputies attending the "Good Government Congress" meet had reported to him "everything was orderly and nothing said out of the way."
    That he bore a good reputation in the county, and that he agreed to the appointment of a new jailer, and to step aside for 90 days, but afterwards changed his mind "because I am guilty of no wrong, and have done my best."
Medford Mail Tribune, March 27, 1933, page 1


    Five men, indicted for ballot-stealing, all active workers in the so-called "Good Government Congress," entered pleas of guilty this morning before Circuit Judge William M. Duncan.
    They were:
    C. Jean Conner, vice-president of the "Good Government Congress" and parliamentarian of the organization;
    Wesley McKitrick, a "Banks guard," also Deputy District Attorney George W. Neilson, said in the Schermerhorn hearing admitted he borrowed Deputy Sheriff Phil B. Lowd's car on the night of the ballot theft, in company with Arthur LaDieu, former business manager of L. A. Banks.
    R. C. Cummings, leader of the "Good Government Congress" in the Wimer district.
    Wilbur Sexton and his brother, Mason Burley Sexton, described as "courthouse boarders."
    The five pleas of guilty made this morning are the forerunner of seven or eight more similar pleas, scheduled to be heard at any early date. All have made signed statements, the authorities say.
    Time for passing sentence upon the five men who pleaded guilty this morning was continued by the court, upon motion of Assistant Attorney-General William S. Levens.
    The five men informed the court they had no attorney, and no funds with which to hire one, so the court appointed attorneys E. E. Kelly and Frank DeSouza to represent them. The Sexton brothers named attorney DeSouza as their choice; the three others attorney Kelly.
    Conner, when pleading, said:
    "I desire to plead guilty to the part I had."
    The young man was then advised by the court that he had to make a direct plea, and he changed it to guilty.
    Cummings said, in response to the same request:
    "Yes, I am guilty."
    McKitrick answered, "Guilty, and I would like to have the same attorney as the other boys."
    The authorities indicated that the remainder of the indicted men desiring to plead guilty would be "brought into court in a day or so."
    Officials, while reluctant to reveal information, admit they "have a dozen or so confessions, corroborated by 30 witnesses who were around the courthouse that night." Many local residents, gathered at the courthouse the night of the ballot theft, "wondered what was going on back of the courthouse." They claim an air-tight case that leads to "the door of the master-mind."
    It has been admitted that the window to the courthouse vault was broken while L. A. Banks, held as the murderer of Constable Prescott, was making his first speech. At a sensational statement and signal from Banks on the platform the leaders of the applause started stamping their feet and yelling and applauding with unusual vigor. At this point a Ford car was started, back of the courthouse. It made an exceptionally loud noise. The joint hubbub drowned the sound of the breaking glass.
    Later, in his second speech, Banks held aloft a fountain pen with a match in the clip, making a crude imitation of a cross. This was also greeted vociferously by those in the auditorium. The authorities say it was the prearranged means of informing "those on the inside" that the destruction of the Jennings "write-in" ballots was under way. Many on the outside wondered by "the fountain pen cross caused so much commotion" among those in the meeting.
    The officials claim that the evidence they have collected shows that the "recount of the ballots started to worry last December," and that their destruction was definitely decided upon on the afternoon of Monday, February 19, after Judge Skipworth of Eugene had ruled that the ballots should be recounted. Two plans were discussed before the theft was decided upon, it is said. It was discussed in the courthouse, and suspicion was first aroused when "courthouse loiterers" were seen viewing the vault. This was called to the attention of a county official, who came to the courthouse and investigated. The names of those at the courthouse plot meeting have not been divulged, but they were seen in conference by five local citizens and businessmen.
    It is admitted that one of the indicted men came upon the group removing ballots by accident, after the "Good Government Congress" meeting, and became "a willing worker because I don't like the Jennings boys." His car was used in hauling away some of the ballots.
    It is further charged that some of the ringleaders in the brazen and bungled enterprise stood across the street from the back of the courthouse and waved their hands as the autos carrying some of the ballots away passed.
    A greater part of the ballots were burned in the courthouse furnace, but some were carted away to the Jacksonville district, and some were dumped in Rogue River.
    Besides the signed statements, the authorities have documentary evidence, some of the participants writing letters to kin and sweethearts giving details, and the testimony of "more than a score of loyal citizens, who knew something was wrong but could not put their finger on it."
    It has been revealed that guards were placed at the four corners of the courthouse on the night of the robbery. All but one of the "guards" are now in the county jail.
    Sensational disclosures are expected to be forthcoming in the investigation at an early date, including the framing of alibis, "if needed."
Medford Mail Tribune, March 28, 1933, page 1


    Additional locks have been placed on the outer door of the county jail lobby as a precautionary measure, and the electric lights on the front steps of the courthouse remain lighted all night.
    The two heavy locks were put in place late yesterday by Tom Merriman, blacksmith. They were borrowed from the city jail, and all the keys thereto are in the custody of the chief jailer. It will take six keys to reach the felony tank, after the inside lights are turned out for the night.
    The two step lamps light up the entire front of the courthouse, except a dark spot on the cornice. A light will be placed there.
    No reason has been given by the authorities for the protective move. In the light of events since the first of the year, they are taking no chances. Enough has happened to make the officials super-cautious against brazen desperateness.
    It was testified at the Sheriff Schermerhorn ouster hearing that at present all the keys to the jail were locked each night in the cell with a jailer.
    There are two doors to the cell occupied by L. A. Banks, former local agitator, editor and orchardist. At each door a jailer sleeps. The cell he occupies is the strongest in the county jail, and has double protection throughout. Banks and his wife have been jointly indicted for the murder of Constable George J. Prescott on the morning of March 16, while serving a warrant at the Banks home. Banks was brought here from Grants Pass yesterday, under state police guard.
    Banks held a conference yesterday with his brother, W. A. Banks, and attorneys. Another conference was held this morning.
    He was normal and cheerful, according to the jailers, and is accepting cell life philosophically. State police report that for the past week he has talked less than during the first days of his incarceration, on the advice of attorneys. The first four days of his confinement, he talked to guards of "conspiracies against me" and "gang plots" and posed as "a martyr for the common people." He suddenly dropped this line of conversation.
    The last grand jury, of which William T. Grieve of Prospect was foreman, recommended that all keys to the court house be turned in. This was due to the evidence that some without right or license had keys, and came and went after closing hours. A checkup of all the keys to the court house is planned. On some of the offices the locks have been changed, and the combinations to vaults changed.
    Deputy District Attorney George W. Neilson testified last Saturday that due to conditions in the courthouse, "it was deemed advisable to keep statements and records in the ballot stealing case in a vault away from the court house."
    Efforts were still under way today to secure the release of John Glenn of Ashland, former county jailer, held on a ballot stealing charge.
    No effort has been made to secure the release on bonds of Henrietta B. Martin, president of the "Good Government Congress," or her father, C. H. Brown, secretary of the organization. Mrs. Martin was indicted last week with her father and two "congressmen" on a charge growing out of the attempted buggy-whipping of Leonard Hall, editor of the Jacksonville Miner. Brown was also indicted on a charge of slandering a bank, as the result of a signed article in the Pacific Record Herald.
    Mrs. Banks saw her husband yesterday afternoon for the first time since the murder. It was a warm and affectionate greeting.
    Today was visiting day at the county jail, and many relatives and friends of the imprisoned men came to see them.
    The grand jury continued its session. There was no information available as to what they were investigating. Court house reports said they were delving into new angles of the Prescott murder, and the ballot stealing.
Medford Mail Tribune, March 28, 1933, page 1


    Evidence uncovered by the state police, city police, and the district attorney's office in the brazen and bunglesome ballot robbery shows that it was plotted seriously at the meetings in the courthouse a few days and hours before its commission, though discussed more or less casually since early in December, by the "master mind."
    Authorities say that one meeting was held in a "court house office," and that the other was held in a room on the courthouse roof. At this later meeting county jail prisoners received a "hunch" that the ballots would be destroyed, and have since reported to the officials.
    Four men, all indicted, have been listed as attending the roof session, and the office plotting was attended by six or eight persons, including an indicted county official, who left the session "a number of times and went to his own office," according to witnesses. Four are described as the "master minds" of the plot. The courthouse office meeting was held on the afternoon of February 19, after the court had ordered the recount of the ballots to start in the morning.
    Attorney M. O. Wilkins of Ashland testified at the ouster proceedings against Sheriff Schermerhorn that Fehl and Banks had asked him for "the law and the penalty if anything happened to the ballots," and that he contended against any such procedure. Several statements to the authorities say that the orders were to destroy all the  ballots--"don't leave a one." The recount of the ballots was the cause of deep concern among leaders and the rank and file of the "congressmen" for weeks, the officials say.
    Little if any consideration was given to the matter of alibis, "but if one is needed, you will be at the home of L. A. Banks, from 11 o'clock to 2 a.m." was asserted assurance.
    The officials claim that some of the "higher-ups," under indictment, were stationed at strategic points, to "inspire confidence and lend dignity." One such was seen standing across the street from the rear of the courthouse by several witnesses, who were awakened by the departing autos and went to the window in their night dress "to see what was going on."
    Two of the indicted men were inveigled into the ballot thefts after it [omission] officers. The two went to their auto parked at the rear of the courthouse, following the "congress" session. A third man, also indicted when apprised of what was occurring, said: "I don't like Jennings; we'll take a couple of sacks." The ballots were thrown into the auto.
    The driver considered driving the auto to the police station, but was "afraid that the police would not believe the story." The ballots were taken to a house in the Jacksonville district. A 70-year-old woman and an 18-year-old girl in the house have made affidavits and statements that the ballots were burned in the cook stove. Ashes and pieces of ballots were afterwards removed from the stove. Most of the ballots were burned in the courthouse furnace, or dumped into Rogue River. The latter were recovered, in a water-soaked condition.
    "Five or more" indicted men are scheduled to enter pleas of guilty at an early date. Judge Duncan was called back to Klamath County late yesterday, and the date of his return here is indefinite.
    Authorities reiterate their previous statement, "the state has a complete chain of evidence without a missing link, supported by confessions and corroborative testimony of citizens."
    It is also said that many apparently meaningless words and acts of leaders, before the thefts, are revealed as possessing significance. Banks' dramatic construction of a crude cross out of a match and his fountain pen was just one instance. This was the prearranged code to the "inside circle" that the burning of the write-in votes had started, it is alleged by officers.
Medford Mail Tribune, March 29, 1933, page 1


    Rev. O. R. Kring, spiritual minister and one of the prominent figures at meetings of the "Good Government Congress," and Donald Tryor, crippled youth, both held for criminal syndicalism, were released from the county jail this afternoon on their recognizance. Tryor, one of the "Greenspring Mountain youths, misled by local agitators," will be returned to relatives. Kring was released to care for his family. Charges against them were not dropped.
    Steps are under way this afternoon to secure the release of Henrietta B. Martin, president of the "Good Government Congress," on bonds, according to T. J. Enright. She was recently indicted on a disorderly conduct charge.
    John Glenn, former county jailer, was released late yesterday on $7500 bonds, with E. E. Simmons, J. B. Thomas and William Bradley as sureties. All are listed as "retired."
     The state of Oregon plans steps to contest the affidavit of prejudice filed by Earl H. Fehl, county judge, indicted with 22 others, including Sheriff Gordon L. Schermerhorn, in the ballot-stealing from a courthouse vault on the night of February 20 last. Fehl filed the prejudice affidavit last week, alleging that he could not receive a "fair and impartial trial" before Judge Duncan.
    The Oregon law provides that when any number of defendants are jointly indicted they must act together, and not singly, in filing affidavits of prejudice and other legal motions. Attorneys point out if each of the 22 defendants availed themselves of the prejudice law, there would not be enough judges in the state. Five of Fehl's co-defendants entered pleas of guilty yesterday, and more are scheduled to be made soon.
    The state will also contest Fehl's motion to quash the indictment against himself, on the grounds that Judge Duncan had no authority to receive the indictment, that Circuit Judge Norton was not disqualified, and should have received the indictments, and because the grand jury did not meet in the grand jury room.
    The state holds that Judge Duncan's assignment here by the state supreme court on February 7 last, was for an indefinite period, and that the statutes do not specify any particular room in the courthouse where the grand jury must deliberate.
    Investigations of some of the sureties for bonds presented on behalf of some of the ballot theft defendants was also under way today, and hearings on their qualifications will be held as soon as possible. One of the bondsmen under investigation is shown to have made conflicting statements in the records of the county clerk's office. In one place he gave his place of birth as New York state, in 1869, and in another as in Germany in 1870.
    A thorough probe of property owned and other matters in connection with bondsmen is being made, and the evidence will be presented to the court at the time of the hearings.
    Walter J. Jones, mayor of Rogue River; Sheriff Schermerhorn; Earl H. Fehl, county judge; Arthur LaDieu, former business manager of the Banks newspaper; Virgil Edington and John Brock are at liberty on bonds. Fehl's bond is $15,000; LaDieu, Jones and Schermerhorn, $7500, and Brock and Edington, $1500.
    During the morning, Mrs. Edith R. Banks held a conference with a friend, under the eyes of the jailer. Her husband, with whom she is jointly indicted for the murder of Constable George J. Prescott, spent the morning reading. They are scheduled to have a farewell visit today with W. A. Banks, a brother, before his return to Los Angeles. Jail attendants said both prisoners "were looking at things more seriously."
    Chief counsel for the Bankses was announced late yesterday as attorney Joseph R. Hammersley of Portland, with attorneys T. J. Enright and W. E. Phipps of this city. Attorney Hammersley is expected here from Portland this week to map out defense plans.
Medford Mail Tribune, March 29, 1933, page 1


    Circuit Judge W. M. Duncan of Klamath County, who heard the evidence in the ouster proceedings against Sheriff Gordon L. Schermerhorn, charged with inefficiency, unfitness and obstructing justice, was expected to have his findings in the hands of Governor Meier not later than Saturday. The court said when the case closed he would require two or three days to study and complete them.
    The findings will embody a review of the facts as shown in the evidence, and it is upon these that the governor will act. The state contended that Sheriff Schermerhorn showed solicitude for L. A. Banks and was under the dictation and dominance of Banks and County Judge E. H. Fehl; that appointments were made by Fehl; that he took no action on threats and gun-toting by "Banks' guards"; was indifferent to court house loafers and their daily overrunning of the court house corridors; that his chief deputy loaned his auto on the night of the ballot robbery to two men indicted for the crime, one of whom has since entered a plea of guilt, and that his occupancy of the sheriff's office was detrimental to cases pending.
    The sheriff in defense contended that he conducted the office economically, was faced with an unusual situation, and had acted diplomatically and consistently and that he was guilty of no wrongdoing.
    A conference of attorneys for L. A. Banks and his wife, Edith R. Banks, jointly indicted for the first degree murder of Constable George J. Prescott, will be held this week. Attorney Joseph Hammersley of Portland is expected to come here tomorrow for a conference with attorney W. E. Phipps and attorney T. J. Enright, his colleagues. No inkling has been given as to what the defense will be. Conviction of the charge in this state has a penalty of death on the gallows, or life imprisonment upon the recommendation of the jury.
    It is expected that considerable time will elapse before Banks and his mate will face a jury. The time for a plea has been set for April 10. After that the trial date will be set. The state, through Assistant Attorney General Levens, indicated that it would insist that the murder charge be tried as soon as possible, "but without undue haste."
    Banks and Mrs. Banks have both settled down to the gray routine of jail life. No bail is permissible on a murder charge. They both have large and commodious cells by themselves. Banks' cell is directly above the court house steps from whence he hurled his defiance of constituted authority, threatened revolution and demanded resignations of county officials who would not do his bidding.
    Lines of worry have started to appear in the faces of both prisoners, and the haughty mein of the first few days has vanished. They view the future, jailers say, with more seriousness than generally believed.
    County Judge Earl H. Fehl, one of the defendants in the ballot theft case, filed a motion for a change of judges with the county clerk today. He alleges that Judge W. M. Duncan is biased and prejudiced against him and that he cannot receive a fair and impartial trial before. Last week Fehl filed an affidavit of prejudice against Judge Duncan on the same grounds.
    It is now expected that Judge Duncan will return here Tuesday or Wednesday of next week, when he will hear the arraignment and set time for pleas of those accused of ballot theft, including County Judge Fehl, Walter J. Jones, mayor of Rogue River; Arthur LaDieu, former Banks henchman and employee; John Glenn, former county jailer, and others at liberty on bonds. It is planned to hold the ballot trials as soon as they can be consistently heard and with as little technical legal delay as possible.
Medford Mail Tribune, March 30, 1933, page 1


    Efforts to secure the release on bonds of Mrs. Henrietta B. Martin, president of the "Good Government Congress" and the central oratorical figure in the "convocations" and the "grand assemblies of the great grand jury," launched yesterday, were of no avail. Her attorney, T. J. Enright, said this morning that no bonds were in sight for today.
    Mrs. Martin is reported as becoming exceedingly weary of jail confinement, though at first she accepted it philosophically. The novelty, her keepers say, has waned.
    Attorney Enright said yesterday afternoon that Ernest Dahack of Eagle Point had offered to go surety and that two others were considering the matter.
    Mrs. Edith Brown, mother of Mrs. Martin, whose husband, C. H. Brown, secretary of the "Good Government Congress,'' is in custody on disorderly conduct and slandering a bank indictments, was at the court house yesterday with friends, hopeful for the release of her daughter. She is reported to have been in tears at one time yesterday.
    Renunciation of the "congress" continues brisk. Only a small portion of the withdrawals were published in the press, a majority being made to the district attorney's office and the circuit judge. The membership started to shrink following the slaying of Constable Geo. J. Prescott. Many members have admitted they signed cards in the belief it would be a means of procuring work, and "the first meeting opened their eyes."
    It has become known that all sessions of the "congress" were attended by local men and women, both inside and outside the court house auditorium, who took notes of the sensational and incendiary speeches. It was the custom of some of the speakers to make inflammatory comment and deny it the next day. One orator claimed he was "speaking in parables" when he advocated "seizing the county." The suggestion for "a rope" and "a noose" for the district attorney and circuit judge was a surefire applause rouser at all sessions.
    It is reported that these notes made by citizens have been or will be presented to the grand jury in its probe of criminal syndicalism charges.
Medford Mail Tribune, March 30, 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 Hammersley 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


    Three more men, indicted for ballot stealing, entered pleas of guilty Saturday morning before Circuit Judge William Duncan of Klamath Falls.
    They were:
    Earl Bryant of Jacksonville, whose home last January was set fire at midnight, in an arson plot for which Joseph Kayl is serving a prison sentence.
    James D. Gaddy of Jacksonville.
    Charles W. (Chuck) Davis, named a deputy by County Judge Fehl at the county machine shops, and whose pay therefore was not allowed following a county court controversy. The court appointed E. E. Kelly and Frank DeSouza as their attorneys for all three.
    Virgil Edington of the Gold Hill district, at liberty on $1500 bonds, entered a plea of not guilty. John Glenn entered a plea of not guilty shortly before noon.
    Further pleas of guilty were hinted by the authorities, the coming week. To date eight of those indicted have pled guilty. C. Jean Conner, vice-president of the "good government congress," Wesley McKitrick, a "Banks guard," R. C. Cummings, leaders of the "good government congress" in the Wimer district, and Wilbur Sexton, and his brother, Mason Burley Sexton, "courthouse boarders," were the first five to enter guilty pleas.
    The state yesterday put in motion the legal machinery to expedite the ballot theft trials, as some of the indicted men filed affidavits of prejudice again Circuit Judge Duncan.
    Thomas L. Brecheen of Ashland, Joseph Croft, "court house loiterer," and Oliver (Big) Martin were arraigned Saturday morning. They were given until Monday, April 10 in which to plead. They were represented by attorney T. J. Enright.
    Sheriff Gordon L. Schermerhorn was arraigned also, and given until Monday, April 10, in which to plead. His counsel, attorney F. J. Newman, asked for time. John Glenn, ex-county jailer, filed an affidavit of prejudice.
    Arthur LaDieu, former business manager for the Banks newspaper, and Walter J. Jones. mayor of Rogue River, also indicted for ballot stealing, late Friday filed affidavits of prejudice, which temporarily delayed their arraignment. The affidavits were in the usual form, alleging that Judge Duncan was prejudiced and biased and they could not receive a fair and impartial trial and that the affidavit was not for the purpose of delay. Jones was represented by attorney Glen R. Jacks of Oregon City, and attorney Enright.
    County Judge E. H. Fehl, also indicted for ballot stealing, has filed a motion to quash the indictment against him, an affidavit of prejudice and a motion for a change of judges.
    Authorities now admit that with the statements secured and the evidence of a score of other witnesses, they have "a complete, corroborated picture" of the ballot stealing, from the time it was first broached, until consummated, and the names of the "alibi-makers."
Medford Mail Tribune, April 2, 1933, page 1


    Mrs. Henrietta B. Martin, president of the "Good Government Congress" held in the county jail for the past two weeks, on two indictments charging "riotous conduct" and "criminal syndicalism," was released Saturday afternoon on bonds.
    Mrs. Ariel Burton Pomeroy and Mrs. Clara Ripley Smith, were named as sureties on $500 bonds required for the "riotous conduct" charge, and Ernest Dahack of the Eagle Point district, and Mrs. Clara Ripley Smith, for the $1500 criminal syndicalism bonds.
    E. E. Morrison of the Central Point district, a well-to-do stockman and farmer, served notice of his withdrawal as a bondsman for County Judge E. H. Fehl in the sum of $15,000, so a new bond was presented by Fehl. George Obenchain of the Central Point district, whose name was among the original five, does not appear on the new bond. He could not be located yesterday, and it is not known whether he will continue.
    Mrs. Ariel Burton Pomeroy, Ted Heimroth and John Huener appear as the new sureties. They were on the first bonds for Fehl.
    C. H. Brown, indicted for riotous conduct and "slandering a bank" was freed on $1500 furnished by Nora Bostwick and C. E. Pfiefer.
    Edwin L. Malkemus and Andrew Simpson were released on their own recognizance.
Medford Mail Tribune, April 2, 1933, page 1


    Sheriff Gordon L. Schermerhorn, through his counsel, attorney Frank J. Newman, last week filed with the governor an 18-page brief in defense of the indicted official, against whom ouster proceedings have been instituted.
    The state has also filed a brief with the chief executive setting forth evidence and facts not brought out in the ouster hearing before Circuit Judge Duncan, on the ground it would reveal important evidence in the ballot stealing case.
    The Schermerhorn brief contends that the law under which the ouster proceedings were brought is unconstitutional; that the state's case was not prosecuted by the district attorney, and that there was an insufficiency of evidence introduced to warrant the ouster.
    The brief cites that the accused sheriff is guilty of no crime; that he acted within his rights; that no evidence of criminal intent on his part was shown.
    Relative to the revealment by Deputy District Attorney George Neilson and corroborated by Deputy Sheriff Phil B. Lowd, that Lowd loaned his auto on the night of the ballot stealing to Wesley McKitrick and Arthur LaDieu, also under indictment, is not binding upon the sheriff. It is claimed that the sheriff showed no solicitude for Banks in endeavoring to procure the return of paper on a legally executed writ of attachment, and that no favoritism was shown to "congressmen." It is also held that none of the charges were proven.
    A decision by the governor on the ouster proceedings is expected the coming week.
Medford Mail Tribune, April 2, 1933, page 8


    James D. Gaddy and Earl Bryant, both of Jacksonville, who entered pleas of guilty Saturday to charges of burglary not in a dwelling in connection with ballot theft, were released from the county jail this afternoon. Bonds of $7500 were furnished by each man and Mary Lereleen [sic] Bryant and C. G. Gardner signed bonds for each.
    Henrietta B. Martin, president of the so-called "Good Government Congress," and her father, C. H. Brown, secretary of the organization, freed last Saturday on bonds after a two weeks' stay in the county jail on indictments, this morning filed a motion for a change of judges and affidavits of prejudice against Circuit Judge W. M. Duncan.
    The documents allege that the judge is prejudiced and biased, and they cannot receive a fair and impartial trial, and the affidavit is not made for the purpose of delay.
    Mrs. Martin stands indicted on two counts, riotous and disorderly conduct in connection with her attempted buggy-whipping of Leonard Hall, editor of the Jacksonville Miner, and criminal syndicalism. Her father is indicted on a riotous conduct and slandering a bank charge, both being indictable misdemeanors under Oregon law.
    County Judge Earl H. Fehl, Walter J. Jones, mayor of Rogue River, John Glenn, former county jailer and Arthur LaDieu Friday and Saturday also filed affidavits of prejudice. All are indicted for "burglary not in a dwelling," in connection with the ballot stealing on the night of February 20. Fehl also filed a motion contending that Judge Duncan had no jurisdiction to receive the indictment against him, and that the indictment was not returned from the proper room in the court house.
    Filing of an affidavit of prejudice automatically removes the presiding judge. The state has indicated it will urge immediate appointment of a new judge to expedite the trials, and that it will seek quick action on all delaying motions and demurrers.
    Judge Duncan is expected to return here the end of the week to hear and receive new motions in the ballot robbery cases. It is reported that more pleas of guilty are scheduled. Eight men indicted in the ballot robbery have to date entered guilty pleas, and made statements concerning their roles in the brazen and bunglesome crime.
Medford Mail Tribune, April 3, 1933, page 1


    Earl Bryant and James D. Gaddy, who last Saturday entered pleas of guilty to the charge of ballot theft, were released yesterday afternoon on bail furnished by Lorleena [sic] Bryant and O. G. Gardner of Jacksonville.
    Last winter, Bryant's home in Jacksonville was set fire by Nick Kayl of Crescent City, Calif., owner of the house. Kayl confessed he set fire to the dwelling to collect the insurance, and was sentenced to state prison.
    County Judge Fehl today said that George Obenchain and wife of Central Point, who went on his bonds for $15,000 at first, were omitted from the second bond, filed last Saturday, because he did not request them to do so. The second bond was filed when E. E. Morrison of Griffin Creek withdrew.
    Eight of the men indicted for ballot theft have entered pleas of guilty. Two have entered pleas of not guilty. They are John Glenn of Ashland, former county jailer, and Virgil Edington of Gold Hill.
    County Judge Fehl is at liberty on bonds, and no date for entering a plea has been set. It will be after a motion to quash has been argued.
    Sheriff Gordon L. Schermerhorn, Walter J. Jones, mayor of Rogue River, Arthur LaDieu, former Banks aide, Thomas L. Brecheen of Ashland, Democratic leader of the south end of the valley, and a recent arrival from Alameda County, Calif., Oliver (Big) Martin and Joe Croft are scheduled to enter pleas next Monday. All are at liberty but Brecheen, Martin and Croft. All are charged with ballot theft.
    L. O. VanWegen and L. E. Fitch, "Congressmen," indicted with Mrs. Henrietta B. Martin and her father, C. H. Brown, on a riotous conduct charge growing out of the attempted buggy-whipping of Leonard Hall, editor of the Jacksonville Miner, are still detained in the bastille.
    No further legal action in the ballot stealing case is expected until the end of the week, when Judge Duncan will return here from Klamath County.
    The state expects to start the ballot theft trials within the month.
Medford Mail Tribune, April 4, 1933, page 3


    SALEM, April 5.--(AP)--Temporary suspension from office of Sheriff Gordon L. Schermerhorn of Jackson County is recommended in a report by Circuit Judge W. M. Duncan to Governor Julius L. Meier, who had appointed Duncan to investigate charges brought against the sheriff.
    Suspension "for a period not to exceed 90 days, or until the peace officers of Jackson County and of the state of Oregon are able to properly cope with this deplorable situation," was recommended by Judge Duncan.
    Simultaneously with disclosure of the context of the report it was announced at Governor Meier's office that the executive would take no action until after he had had an opportunity to confer with Attorney General I. H. Van Winkle.
    Request for the investigation made by the committee of one hundred, a Medford organization, charged Schermerhorn with being implicated in the destruction of ballots "and otherwise obstructing the enforcement of criminal laws."
    In communicating his findings to Governor Meier Judge Duncan reported:
    "That George L. Schermerhorn was politically aligned with that political faction in Jackson County, Oregon, on whom had been cast a strong suspicion as the agency which destroyed the ballots cast in the last election.
    "That because of the influence exerted upon him by this political faction, the said Gordon L. Schermerhorn has not in a sufficiently vigorous and efficient manner enforced the criminal laws of the state (and more especially the destruction of the ballots) with such firmness and celerity as required in such an emergency as the present.
    "That not only for the maintenance of law and order in Jackson County, Oregon, and the more efficient enforcement of the criminal laws of the state in that county, but in justice to himself, the said Gordon L. Schermerhorn should be temporarily suspended from office for a period not to exceed 90 days, or until the peace officers of Jackson County and of the state of Oregon are able to properly cope with this deplorable situation."
     It was believed at the state capitol that the governor would appoint a successor for the period of suspension, after which Schermerhorn would be reinstated unless he  should be found guilty of charges filed against him or otherwise disqualified.
    Under the law, it was stated at the executive office, the suspended sheriff will receive his regular salary during the period he has been temporarily relieved from duty. Schermerhorn was indicted with others for the alleged theft of 10,000 ballots from the  Jackson County court house.
    In his communication to Governor Meier, Judge Duncan prefaced his recommendations with the following remarks:
    "After having fully conducted the investigation ordered by you as to the fitness of one Gordon L. Schermerhorn to remain sheriff during the trial of certain parties in Jackson County, Oregon, on a charge of destroying ballots and otherwise obstructing the enforcement of the criminal laws in said county, I wish to report to your excellency that upon your appointing me to make this investigation I immediately proceeded to Jackson County, Oregon.
    "That various witnesses conversant with the facts were subpoenaed and testified. That one O. C. Boggs, an attorney of Medford, Oregon, conducted the investigation on behalf of the committee of one hundred, an organization at Medford, Oregon, who had investigated these proceedings, and one Frank Newman, an attorney of Medford, Oregon, represented the defendant, Sheriff Gordon L. Schermerhorn.
    "That the testimony disclosed that there were two hostile political factions in Jackson County, and there had been much bad blood engendered thereby, which finally culminated in the shooting of one George Prescott, a respected peace officer of Jackson County.
    "Without going into prolix details, I desire to report to your excellency that I found the following to be the facts," said the report, which proceeded to outline the findings and make recommendations.
Medford Mail Tribune, April 5, 1933, page 1


    Notice of the cancellation of the bonds of Sheriff Gordon L. Schermerhorn for $15,000, covering his "capacity as ex-officio tax collector of Jackson County," was filed yesterday with the county clerk by the Aetna Casualty and Surety Company, surety.
    Thirty days notice was given, making the cancellation effective May 4th. The action was taken through the Portland branch of the insurance company, and no reason was given for the move.
    Last month the Massachusetts Bonding Company served notice that it desired to cancel its $10,000 surety bonds, covering Sheriff Schermerhorn's conduct of his office.
    According to the clerk's office, a bond for $15,000 covering the sheriff's duties as tax collector, ex-officio, is outstanding.
    The original bond of the sheriff was $40,000. It was testified at the ouster hearing against Sheriff Schermerhorn that the bonds had been arranged for by County Judge Fehl, and were ready when the sheriff returned from Northern California January 2 and attended an early morning meeting at Fehl's home.
    Decision in the ouster proceedings against Sheriff Schermerhorn is now up to the governor, and expected to be forthcoming this week. The sheriff was charged with inefficiency, obstructing justice, showing favoritism, and failure to act.
    No further court action in the ballot stealing cases will be taken until next week, when Circuit Judge W. M. Duncan of Klamath County will be here.
    Pleas of L. A. Banks and Edith Banks, his wife, charged with first degree murder for the slaying of Constable George J. Prescott, March 16th, are set for next Monday.
    Pleas of Thomas L. Brecheen of Ashland, Oliver "Big" Martin, Joseph Croft, indicted for ballot theft, will also be heard at that time. Eight of the 17 indicted men have entered guilty pleas. More are scheduled to be made, it is said.
    Action will also probably be taken on the affidavits of prejudice filed by Walter J. Jones, mayor of Rogue River, Arthur LaDieu, former Banks aide, John Glenn, ex-county jailer, and County Judge Fehl, all indicted for ballot theft. The motion of Fehl to quash the indictment against him will also be argued.
    The affidavits of prejudice filed Monday by Henrietta B. Martin, president of the "Good Government Congress," and her father, C. H. Brown, secretary, will be taken up later. Mrs. Martin stands indicted for criminal syndicalism and riotous conduct; her father for slandering a bank and riotous conduct.
    The state expects to clear away the legal red tape next week in the ballot stealing cases in order to bring them to trial at an early date. The usual demurrers and motions are anticipated by the state.
Medford Mail Tribune, April 5, 1933, page 8


    PORTLAND, Ore. April 6.--(AP)--Governor Meier told the Associated Press late today he will appoint Walter Olmscheid of Medford acting sheriff for the duration of a 90-day suspension ordered for Sheriff Gordon L. Schermerhorn.
    The governor said he would sign the order about 5 p.m.
    Temporary suspension of Schermerhorn was ordered by the governor after a hearing had been conducted by Circuit Judge W. M. Duncan to determine the man's fitness to continue in office. Schermerhorn is under arrest on a grand jury indictment as the result of the recent theft of more than 10,000 ballots from the vaults in the county court house.
    Olmscheid is a prominent ex-serviceman and was recommended by the Committee of One Hundred, which was organized in opposition to the so-called "Good Government Congress" started by Llewellyn A. Banks, under arrest for murder.
    Before signing the order Governor Meier received an oral opinion from Attorney General I. H. Van Winkle stating such action was legal.
    Walter J. Olmscheid, whose appointment as sheriff during the suspension of Sheriff Schermerhorn was announced by the governor this afternoon, has been a resident of this city for four years. He is a married man with children, a war veteran, and adjutant of Medford Post No. 15 of the American Legion. He is engaged in the real estate and insurance business. He is a conservative, quiet type, and never active in politics.
    Olmscheid is expected to assume office at an early date. His commission to serve is expected by the end of the week.
    Yesterday afternoon, following the news of the findings of Judge Duncan, Sheriff Schermerhorn and his attorney, Frank J. Newman, were said to have left for Salem. Neither was in his office today. The object of their visit was not known.
Medford Mail Tribune, April 6, 1933, page 1


    County Judge Fehl continues to hold meetings in the country districts, where far from the scene of battle he hopes to continue the campaign of misrepresentation and distortion which put him in office, and apparently believes can keep him there.
    Judge Fehl doesn't want to get into court. He is doing everything possible to delay legal action. He wants to try his case on the political stump, in the school houses and in the columns of his newspaper.
    These methods have been very successful in the past, but we have a pious idea they are not going to be so successful in the future.
    For county officials, particularly other members of the county court, are now attending these rural meetings. They are prepared to call the speaker when he makes false charges; they are demanding proof when he makes criminal accusations.
    At the Beagle meeting recently, Commissioner Nealon asked all those present to report to the proper officials "any charges of dishonesty, or charges bordering on dishonesty, so everybody can get at the bottom of them."
    The county officials intend to ask those responsible for criminal and slanderous charges to appear before those accused and present their evidence in the regular way, or admit they have no evidence.
    An admirable idea!
    Let this method be followed up, persistently, and these rural meetings will soon be abandoned by those who have found them so profitable politically. Once let them become a medium of truth telling instead of the reverse, and the battle for clean politics and integrity in public office is won.
Medford Mail Tribune, April 6, 1933, page 4


    Temporary suspension of Gordon L. Schermerhorn from his office of sheriff of Jackson County is recommended by Judge W. M. Duncan in a report to Governor Meier this week. Duncan was appointed by the governor some time ago to investigate charges of inefficiency made against Schermerhorn by members of the county court, and in a petition backed by the Committee of 100.
    Duncan recommended that Schermerhorn be suspended for a period not to exceed 90 days, or until the peace officers of Jackson County and the state of Oregon are able "to cope properly with this deplorable situation."
    It was reported that Governor Meier will not act on Duncan's report until he has conferred with Attorney General I. H. Van Winkle.
    Schermerhorn is charged with being involved with the faction that has been charged with the ballot stealing, and in the hearing it was alleged that he had shown favoritism in handling prisoners, and that he had "otherwise obstructed enforcement of criminal laws."
    It is believed that the governor will appoint a successor during the period of suspension, after which Schermerhorn can be reinstated unless he is found guilty, or otherwise disqualified. He would draw his regular salary while suspended, under the Oregon law.
    Other developments in the sheriff case this week were the withdrawal of his bonding company of the $15,000 in bonds which covered his duties as tax collector. Previously the bonding company which held the $10,000 bond for fulfillment of his duties as sheriff canceled its obligation.
    Cases against those indicted for the ballot theft are being held in circuit court as quickly as possible.
    The case of State of Oregon vs. L. A. Banks and Edith R. Banks for the murder of Officer Geo. Prescott, who went to the Banks home to arrest Banks on the ballot charge, is set for April 10. It is thought his attorneys may plead insanity, but it is understood that he prefers to maintain that he was "defending his home."
    Affidavits of prejudice have been filed by Judge Fehl, Walter J. Jones of Rogue River, Henrietta B. Martin and her father, C. H. Brown, against Judge W. M. Duncan. Fehl and Jones are allegedly involved in the ballot theft, and Mrs. Martin and her father are held on a disorderly conduct charge in connection with the horsewhipping of editor Leonard Hall, as well as other charges growing out of the county political row.
    Virgil Edington of Gold Hill, who is charged with aiding in the ballot theft, pleaded not guilty last week.
Gold Hill News, April 6, 1933, page 1


    New arrests and developments, and more guilty pleas, are forecast in the ballot theft and Banks murder cases of this county at an early date, as the concluding chapter in the legal proceedings, as the result of a thorough investigation launched before the ballots were stolen and destroyed.
    The authorities also plan to take action against rumormongers and threat makers. Public proof will be demanded of the first named. Two men--including one indicted for ballot theft--are purported to have uttered veiled threats. They will be hailed into court and asked "what they meant." Most of the rumormongers operate in the rural districts. It is also planned to place a check upon agitators who travel about the countryside, fanning anew the fires of prejudice.
    Officials decline to reveal any of their plans, except that further action will probably be taken.
    Incidentally, when time allows, a thorough investigation will be made of bondsmen relative to their qualifications. In the case of Prof. C. Engelhardt, documentary evidence unearthed will be presented the immigration department for further investigation, and action.
    Returns have been received by the officials from the national bureau of fingerprints at Washington, D.C., on some of those accused in the ballot thefts. Most of the lot have no previous record. The government records show that one has been involved twice before on burglary charges. His identity was not made public, except that he was one of the secondary "master minds" of the bunglesome ballot theft plots.
Medford Mail Tribune, April 7, 1933, page 1


    Certificate of appointment by the Governor of Walter J. Olmscheid as sheriff for a 90-day period, starting next Monday, April 10, was received this afternoon from Salem by the county clerk.
    In accordance with the Governor's orders, Olmscheid will assume the office Monday after taking the oath of office and qualifying.
    The order of suspension is based upon three points in the findings of Judge W. M. Duncan:
    That Schermerhorn was aligned with a faction under strong suspicion of ballot thefts;
    That he was under the influence of the leaders;
    And that, because of this, he failed to act with firmness and celerity in the maintenance of law and order, particularly in reference to the ballot thefts.
    Steps are under way for the turnover of the cash in the sheriff's office up to the close of business tomorrow night, under the direction of C. T. Haines, auditor of the county books.
    Attorney Frank J. Newman, representing Schermerhorn, said this morning that he had no announcement to make as to future plans or legal action, if any, but that a decision would be reached later.
    Olmscheid said today that his appointment was a surprise, and that he would make no plans or appointments until after inducted into office.
    The naming of Olmscheid met with general public approval, though a few thought it should be somebody else. Olmscheid, who has taken no active part in local politics, is a thoroughgoing, conservative and quiet type. He has been adjutant of Medford post of the American Legion for two years and is associated with C. Y. Tengwald in the insurance and realty business. Olmscheid has lived here four years.
    Before naming Olmscheid, Governor Meier made a quiet investigation of his qualifications, temperament and experience, and endeavored to name a neutral man, as far as possible, in the turmoil.
    The ousting of Schermerhorn was not unexpected, and was forecast by the evidence submitted at the hearing. In addition, the Governor received a report on evidence not revealed at the hearing.
    Schermerhorn, a resident of this county for nearly 40 years, is well known among the older residents. He was indicted for burglary not in a dwelling in connection with the ballot thefts.
    He won the Democratic nomination in the spring primary last year, and in the general election defeated Ralph G. Jennings by a narrow margin of 123 votes. With the issuance of a certificate of election, he came upon tempestuous days.
    Jennings, a "write-in" candidate, announced he would file a contest late last November, and Schermerhorn absented himself until taking office, in Siskiyou County, to evade summons. The recount petition was then filed under the "corrupt practice" act.
    The matter was pending in circuit court for two months. Finally Circuit Judge G. F. Skipworth of Lane County, after hearing the preliminary arguments in January, returned on February 19. After a day in court, Judge Skipworth ruled the recount should be held, following a determined fight to prevent it.
    That night, and in the early morning of February 20, approximately 10,000 of the ballots were stolen from a courthouse vault, and destroyed. The brazen and bungled crime automatically ended the recount. On February 25 Schermerhorn was arrested by Coroner Frank Perl on a ballot theft charge, and on March 15 he was indicted with 22 others on the same charge.
    Later, Commissioners Billings and Nealon filed a complaint against Schermerhorn, charging him with inefficiency, obstruction of justice, and favoritism to "congressmen."
    The governor ordered a hearing and some sensational facts were revealed, including testimony that Schermerhorn had been sworn in at the residence of Earl H. Fehl, who made his appointments; that he was unduly solicitous toward L. A. Banks and Fehl, and was under their domination; that he showed an indifference towards "congressmen" and loiterers daily jamming the courthouse corridors, that he had taken no action when Banks at an interview proposed the naming of "50, 100 or 1,000 deputies" to "take over Jackson County," that his chief deputy had written Banks, suggesting a convenient time for Banks to be arrested on a criminal libel charge, and that the deputy had loaned his sedan to Arthur LaDieu and Wesley McKitrick, two men indicted for ballot theft, on the night of the robbery.
    Schermerhorn in defense declared he had made concessions in the appointment of a jailer, but after agreeing to resign had "refused because I was guilty of no crime, and had done no wrong"; that he did not know of the acts of his chief deputy until told in court; that he showed no favoritism, and performed the duties of his office as best he could.
    Friends of Schermerhorn of many years standing say his present trouble is due to accepting the advice of political plotters and schemers, and express a firm faith in his integrity.
Medford Mail Tribune, April 7, 1933, page 1


    L. O. VanWegen, held in the county jail for the greater part of the past month on indictments charging "riotous and disorderly conduct" and "criminal syndicalism" growing out of the "Good Government Congress" agitation here, was released on bonds totaling $2000.
    George E. Obenchain of the Central Point district and Martha Stevens appear as sureties in the sum of $500 on the disorderly conduct charge, and Prof. C. Engelhardt of the Long Mountain section and John Bowman are sureties in the sum of $1500 on the criminal syndicalism charge.
    Earl H. Fehl, county judge, this morning filed a motion in circuit court asking for a reduction of the $15,000 bonds upon which he is at liberty on indictment charging "burglary not in a dwelling," in connection with the ballot thefts from the clerk's vault in the courthouse on the night of February 20. The motion is accompanied by an affidavit from his attorney, H. Von Schmalz, of Burns, Oregon.
    The motion and affidavit are brief. It sets forth that the bond is excessive, and "an inhibition of the statutes covering excessive bond," that the district attorney's office by wire or phone had the court raise the fund from $7500 to $15,000, and asserts the procedure was unlawful, and holds that the $5000 bonds fixed by the justice court, when Fehl was first arrested on an information, was excessive.
    The affidavit further sets forth that owing "to the social, financial, and political interests of the defendant," in this county, he will not leave.
    Arguments on the bond reduction motion will not be heard until after the return Wednesday of Assistant Attorney-General William S. Levens. He has charge of the ballot theft cases.
    Bondsmen for Fehl are listed as Mrs. Ariel Burton Pomeroy of the Old Stage Road district, Ted Heimroth of Griffin Creek, and John Huener of Jacksonville. E. E. Morrison of Griffin Creek, one of the first seven signers, withdrew. Ed Vogel of Griffin Creek and George E. Obenchain and wife of the Central Point district, whose names also appear on the first bond, are not on the second list of sureties They were not apprised of the change when Morrison withdrew, and the state accepted the three listed, to save time.
    Oliver Martin, one of the men held for ballot-stealing, was released from the county jail Saturday on $7500 bonds furnished by his wife and Clara Ripley Smith of the Old Stage Road district. Martin has been in jail nearly a month. He is a former resident of Klamath County, and owns property here. When arraigned a week ago, Martin entered a plea of not guilty.
    As soon as the trial of L. A. Banks and wife, Edith Robertine Banks, charged with first degree murder for the slaying of Constable George J. Prescott and scheduled to start at Eugene Monday, May 1, is concluded the state will move for an early trial in the ballot stealing. Some of the vital evidence in the murder case is linked with the ballot thefts.
    Most of the indicted men on the ballot theft charge are at liberty on bonds. Thomas L. Brecheen of Ashland, who claimed a 25-year personal friendship with President Roosevelt and intimate acquaintanceship with Chief Justice Hughes in "Good Government Congress" addresses, and Joseph Croft, said to have come to this section shortly before the "revolution," and to have been active in the agitation, are still held in the county jail.
    E. A. Fleming, Jacksonville orchardist, also indicted for ballot stealing and further detained in connection with the Prescott murder case, is still held in the county jail. Fleming was arrested by state police as he attempted to flee from the Banks home immediately following the killing.
    Of the eight men who entered pleas of guilty, three, C. Jean Conner, Earl V. Bryant, and James D. Gaddy, are at liberty on bonds. C. W. Davis, Wesley McKitrick, R. C. Cummings and the Sexton brothers are still held.
    Virgil Edington, the Gold Hill youth who entered a plea of not guilty, is at liberty on $1500 bonds.
    Suspended Sheriff Gordon L. Schermerhorn, Walter Jones, mayor of Rogue River, John Glenn of Ashland, former county jailer, Arthur LaDieu, former business manager for Banks in his newspaper, are at liberty on $7500 bonds. Claude Ward, a brother-in-law of Banks indicted for ballot theft, has not been arrested, as he is convalescing from influenza.
    In cases allied to the murder and ballot-stealing episodes. two, L. O. VanWegen, charged with riotous and disorderly conduct, and L. E. Fitch, similarly charged, are still in durance vile. The two are said to have been assistants of Henrietta B. Martin, president of the "Good Government Congress," in her attempt to buggy-whip Leonard N. Hall, Jacksonville Miner editor. VanWegen, an old-time resident of the valley, also has a gun-toting charge awaiting decision. Fitch on the morning of the Prescott murder engaged in an altercation with an aged man and was hit on the head with a pistol butt so fiercely that he was in the hospital for three days. He was a daily loiterer in the courthouse up to the climax, and was reputed to specialize in veiled threats to people entering and leaving the courthouse corridors.
    Mrs. Martin is at liberty on bonds, on the above and a criminal syndicalism charge. Her father, C. H. Brown, secretary of the "Good Government Congress," is free on bonds for asserted slandering of a bank and disorderly conduct.
Medford Mail Tribune, April 17, 1933, page 1


    Citizens generally throughout the city and county are frowning upon the reported attempt to rejuvenate the "Good Government Congress," of which L. A. Banks, awaiting trial with his wife, Edith Robertine Banks, on a first degree murder charge, was "honorary president," Mrs. Henrietta B. Martin president and C. H. Brown, her father, secretary, indictment of 32 men, including County Judge E. H. Fehl, Suspended Sheriff Gordon L. Schermerhorn, Walter Jones, mayor of Rogue River, and John Glenn, former county jailer for ballot theft, and the wanton slaying of Constable George J. Prescott, while in the performance of lawful duty, climaxed more than two months of agitation of which the so-called "Good Government Congress" was the seed and core.
    Reports from the country districts indicate that many of the "Congress" leaders, quieted for several weeks by jail incarceration, have started to resume their pernicious activities in rural areas. They have not met with the expected response, as the general sentiment is that Jackson County has suffered too much already from unfavorable publicity and internal turmoil, with heavy drains on county finances looming for trial expense.
    The favorite arguments advanced are the Dahack case, the county liquor case, and "miscarriage of justice" fabrications and the "gang" that inflamed the public mind during the last election. Since emphatic refutations have been made of reports of "shortages" by C. T. Haines, in charge of the audit of county books, it has ceased to be a "talking point." In two instances, authors of the rumor were hailed before the county court, when they denied they had spread reports of "shortages." People are urged to investigate for themselves and determine the falsity of sensational rumors, and not put themselves in a position again to be misled.
    Claims that the membership of the "Congress" is returning are discounted by wholesale withdrawals. Authorities are said to be in possession of the membership cards, and are checking them against the written and oral withdrawals. Some of the membership remained "faithful." It is known that the "Congress" membership never exceeded the 1000 mark, though extravagant claims were made of five and six times that number.
    It is alleged that Mrs. Martin, since her release from the county jail following her indictment on a criminal syndicalism and riotous conduct charges, has been quietly active in endeavoring to revive the late agitation. Her father, C. H. Brown, also a "Congress" leader and indicted for slandering a bank and riotous conduct, has not been seen on the streets of Medford or around the court house for several days. Most of those now reported active are at liberty on bonds under ballot theft, criminal syndicalism, or riotous conduct charges.
    County and state officials would not confirm or deny the report today that a full and complete report of the local agitation had been submitted to the department of justice. It is known that the federal authorities "took an interest" in local affairs when "revolution talk" was called to their attention.
    Mrs. Martin and group of "Congressmen" were at the courthouse yesterday, waiting for attorney T. J. Enright, who said he would seek warrants for the arrest of R. H. Burton  and attorney E. E. Kelly. Burton is alleged to have hit L. E. Fitch, a "Congressman,'' on the head with the butt of a pistol on the morning of the Prescott murder, in reply to an alleged disparaging remark made by Fitch. Fitch was in the hospital three days, and in the county jail nearly a month following the incident. Attorney Kelly is alleged to have hit John Karkes of Grants Pass yesterday with his fist, following the attempted service of a legal paper for attorney Enright. The paper was issued by County Judge Fehl. Officials and citizens express the belief that "Congress" leaders will try and make the two incidents the foundation for new agitation.
Medford Mail Tribune, April 21, 1933, page 1


    Mrs. Henrietta B. Martin, president of the so-called good government congress, and a delegation of her followers called upon Judge L. A. Roberts in Ashland Saturday, seeking a warrant for arrest of Colonel E. E. Kelly and were refused the request, it was learned here today.
    The delegation sought the arrest on a charge of assault and battery as result of the fight between Kelly and John Koskas last week on North Central. Koskas, attempting to serve an ex-parte order issued by County Judge Earl H. Fehl on Kelly, was unsuccessful, "and troublesome," according to onlookers.
    A warrant for Kelly's arrest was sought at the district attorney's office here the day of the fight and was refused pending investigation. Judge Roberts, in refusing the warrant, informed the good government congregation it would not be issued unless recommended by the district attorney's office. When questioned regarding a warrant issued some time ago at request of attorney M. O. Wilkins for arrest of L. A. Banks, he stated that the warrant was issued upon advice of the district attorney's office.
    Several members of the good government congress were seen circulating about the office building occupied by attorney T. J. Enright, close associate of Koskas, today. Their business was not learned. L. O. VanWegen, recently released from county jail on bonds, was posted in the alley near the building for some time this morning. VanWegen was charged with carrying a concealed weapon without license, riotous and disorderly conduct and criminal syndicalism.
Medford Mail Tribune, April 24, 1933, page 1


    L. A. Banks, agitator, former editor and orchardist, conferred yesterday afternoon with his counsel, attorneys William E. Phipps and Thomas J. Enright of this city, and attorney Joseph L. Hammersly of Portland. Most of the afternoon was spent in Banks' cell in the county jail, mapping defense plans. No announcement was made by defense counsel. Mrs. Banks did not attend the conference.
    It is expected that W. A. Banks, brother of the defendant, will arrive here the last of the week, and will attend the trial at Eugene starting next Monday, May 1. The defense counsel expects to move to Eugene next Friday, to arrange their last-minute details and secure office space. Assistant Attorney-General William S. Levens and his aide, attorney Ralph Moody, will move their headquarters to Eugene Thursday. District Attorney George A. Codding will go to Eugene Friday.
    Lane County officials have been busy the past week making ready for the trial, and Judge Skipworth, who will hear the proceedings, has assigned space in the courthouse for state and defense counsel, and the press, who will have a table in the courtroom. The court also ordered that the courtroom be cleared each day at noon, and has banned eating of lunches there to retain seats. The crowd will be limited to the seating capacity of the courtroom, which seats 225 people.
    The state today started serving subpoenas on the 26 witnesses who will be called, and the defense is also expected to do the same, starting tomorrow.
    Jail attendants report that Banks, following the conference yesterday with his lawyers, was in "a more thoughtful mood." Mrs. Banks was reported as "showing signs of worry." No inkling has come of the defense that will be interposed by Banks, but public belief holds that he will employ insanity. This plea is said to be highly objectionable to Banks.
    The officials will make no announcement relative to the time of the removal of Mr. and Mrs. Banks to the Lane County jail, except that "it will be the last of the week." The pair will be in charge of the state police, under Captain Lee M. Bown and the sheriffs of Lane and Jackson counties, with Banks in personal charge of Chief Jailer Fred W. Kelly. The authorities do not anticipate any "spectacular moves, but there is nothing like playing safe." Mrs. Banks will be held in the women's ward of the Eugene city jail; Banks in the woman's ward of the county jail. A state police guard will be maintained over the jail. There have been several jail breaks from it in the past. It is a rather ancient structure.
    Banks and his wife, Edith Robertine Banks, are charged with first degree murder, the extreme penalty for which is death on the gallows, for the slaying of Constable George J. Prescott on the morning of March 16. Constable Prescott came to serve a warrant on Banks, on an indictment charging him with ballot-theft. Mrs. Banks opened the door through which Banks fired with a rifle, killing Prescott instantly. Banks fired from a position behind his wife and from the middle of the room, and secure from return fire.
    The state will contend that Mrs. Banks acted as an accessory, knew of the threats of her mate, and that by opening the door she became an accomplice. Had Banks come to the door, the officers would have been prepared for any armed resistance. Mrs. Banks' opening the door, the state contends, masked Banks' intention and momentarily threw the law off its guard. Among the exhibits at the trial will be the imposing array of firearms found in Banks' home after the killing.
Medford Mail Tribune, April 24, 1933, page 1


    Within a week or ten days following the trial of L. A. Banks and his wife, Edith Robertine Banks, for first degree murder for the slaying of Constable George J. Prescott March 16 last, the state expects to start the ballot theft cases and allied actions in circuit court growing out of the Jackson County agitation. Subpoenas in the various cases are now being prepared for service.
    It is now planned to try Henrietta B. Martin, catspaw of Banks in his turmoil plots and president of the so-called "Good Government Congress," first, and her allies in the disorderly and riotous conduct charge immediately thereafter. L. O. VanWegen, L. E. Fitch, and her father. C. H. Brown, secretary of the "Congress," stand indicted on the same charge. All the defendants spent from two weeks to a month in the county jail before procuring bonds. The disorderly conduct charge grew out of the attempted buggy-whipping of Leonard Hall, editor of the Jacksonville Miner.
    Mrs. Martin is also indicted on a criminal syndicalism charge, as are VanWegen and Fitch. Her father, C. H. Brown, is indicted on a charge of "slandering a bank," as the result of a signed article appearing in the Pacific Record Herald.
    Brown, for weeks a daily visitor at the court house, has not been seen for a week or more. He is at liberty on bonds Authorities "wondered" today where he was. He is not sought, but failure to be seen in accustomed haunts has mildly aroused the official curiosity.
    Delay in bringing the ballot and kindred cases to trial has commenced to irk the general public, who desire speedy action in clearing up the local agitation. Officials declare that they have been delayed by Banks' murder trial, which they desire to try first, as some of its evidence will be used in the minor actions.
   The ballot theft cases will be speeded as soon as the murder trial is ended, and the state anticipates legal delays, despite the defendants' reported demands for "an early trial." Affidavits of prejudice have been filed against Circuit Judge W.m. Duncan, individually and collectively. This issue will have to be decided first. The state plans to move for early clearing away of any legal red tape to bar the trials, if any are interposed.
    Attorney T. J. Enright is counsel in both the murder and ballot theft cases, and has been devoting most of his time and attention to the murder case.
    All of the men indicted, who plead not guilty in the ballot stealing, have been released on bonds, with the exception of Thomas L. Brecheen, Ashland political worker. Eight of the indicted men have entered pleas of guilty. Two of the six "John Does" indicted are still at large. Their identity has not been made public, but one John Doe is reputed to have been one of the yell-leaders at the "great assemblies" and the courthouse lawn demonstration. His cry for "a rope" and "make Nealon resign" was the cue for the crowd to take up the incendiary calls. The officials neither deny nor confirm the report that "three or more guilty pleas are scheduled."
    The authorities continue secretive relative to the evidence collected in the ballot-stealing and burning. They reaffirm their previous claims "the state has an air-tight case."
Medford Mail Tribune, April 24, 1933, page 2


    Organization of a Jackson County unit of the Farmers' National Committee for Action, forecast for several days in dodgers circulated through Medford, announcing a mass meeting at the county court house, was halted here last night when members of the so-called Good Government Congress, center of the political turmoil climaxed by the slaying of Constable George J. Prescott last month, attempted an affiliation with the proposed farm unit.
    The move for unification of the waning organization and the anticipated "Farmers' Group for Action" was led by Mrs. Ariel B. Pomeroy, prominent figure at Good Government Congress sessions and frequent caller at the jail cells of L. A. Banks and wife, who go on trial Monday in Eugene, charged with the murder of Officer Prescott.
    The move met with strenuous objections from P. Dale of Astoria and H. Correll of Salem, here to organize the farm unit. The meeting was adjourned, leaving any future organization plans to the decision of W. A. Ware, farmer, closely associated with O. H. Goss, leader of the Jackson County Unemployed Council, and of enlistment here of men to participate in the bonus march.
    Several other members of the "congress" were present at the meeting, among them Oliver "Big" Martin, one of the more than 20 persons indicted for theft of ballots from the court house vaults, now at liberty on bonds; George Obenchain of Central Point, who appeared as one of the sureties on bonds for County Judge Earl H. Fehl when he was indicted for the ballot theft, was also in attendance and sought an active part in the organization plans.
    The leaders of the Farmers' National Committee for Action, who have organized three units in the state, declared that they did not wish to become involved in political strife or a one-man revolution and put on their coats and departed.
    Throughout the meeting Mrs. Pomeroy expressed hearty approval of the plans outlined by the speakers with repeated applause. When Mr. Pomeroy, seated beside her, failed to raise his hand in approval of organization of a unit here, she raised it for him.
    Members of the audience of less than 50, wishing to organize a unit, were invited to come forward following the addresses. It was in the group session, which followed, according to the out-of-town speakers, that Mrs. Pomeroy offered her suggestion, which was emphatically refused.
    The speakers last night were introduced by Mr. Ware and made a stirring appeal for organization of dirt farmers to bring about a "classless society, a workers' and farmers' government." Dale, in his address, stated that the primary interest of the committee for action is to keep the American farmer on the farm and out of the breadlines. He described the Farmers' National Relief conference, the strikes of Middle-West farmers and distributed extensive literature, which he declared should be read by all "class-conscious farmers." He informed his audience that ex-President Hoover had done nothing to aid the dirt farmer and that President Roosevelt had "absolutely ignored" his organization's demands.
    Correll, although stating that he did not wish to lead an attack on any farm organization, condemned the Grange for permitting in its membership persons who do not make their living farming.
    "When farmers will keep from their membership persons not strictly dirt farmers, we need have no fears," he declared. "We're out to organize committees of action. The Grange admits to membership anyone interested in agriculture, whatever that interest may be. Ours is a dirt farmers' unit."
    He then told of experiences in the farming district out from Hood River, where the Farmers' National Committee for action was refused use of the Odell Grange hall. A meeting was later granted in a building belonging to a colony of Finnish people, he stated, who have arranged for a mass meeting in the near future in a Hood River theater.
    A collection was taken up to aid continuance of the speakers on their tour and numerous pamphlets sold at last night's meeting.
    A similar gathering will be held in Grants Pass tonight, the speakers announced.
Medford Mail Tribune, April 27, 1933, page 1


    Trial of the Jackson County ballot theft cases will proceed as fast as conditions will permit, with the prosecution in charge of Assistant Attorney General Ralph E. Moody, and Circuit Judge George F. Skipworth of Lane County on the bench.
    Attorney Moody, who conducted the prosecution in the Banks murder trial, was in Salem today conferring with Governor Meier and Attorney General Van Winkle. He is expected to return to this city the middle of the week.
    Circuit Judge H. D. Norton said he received a telephone call this morning from attorney Moody, stating that Judge Skipworth desired a "few days rest before coming here," and the strain of the murder trial.
    E. A. Fleming, Jacksonville district orchardist and one of the chief witnesses for the state in the Banks murder trial, was removed last week from the Lane County bastille to the Jackson County jail. Fleming was indicted for ballot theft, and was listed as "John Doe No. 1." Fleming was in the Banks home when the murder was committed, and fled out the back door into the arms of state police.
    Twenty-two men were indicted for the ballot thefts, eight of the lot entering pleas of guilty. All have been released on bonds with the exception of Fleming and Tom L. Brecheen, Ashland ward politician.
    The defendants also include County Judge Fehl, suspended Sheriff Schermerhorn, and Walter Jones, mayor of Rogue River.
    The defendants also include ask a change of venue, separate trials or file an affidavits of prejudice [sic].
    As soon as the ballot theft cases are disposed of, the trial of Henrietta B. Martin, president of the Good Government Congress, charged with riotous conduct in connection with an attempt to buggy-whip an editor, and her father, C. H. Brown, charged with slandering a bank, will be called. Brown was secretary of the "Good Government Congress." He has been indisposed lately, reports say, and was not present at the Eugene trial.
Medford Mail Tribune, May 22, 1933, page 1


To the Editor:
    You appear to be a bit annoyed by the attitude of the upstate papers, particularly the Oregonian, toward the "late unpleasantness" in this county. Perhaps your contemporaries up north take for granted that since Medford has become more famous, its inhabitants have left behind the rough-and-tumble life of pioneer days, with beefsteak for food and redeye for drink; that they are milder, softer, more peaceful and have drifted into a sort of milquetoast, silking, never-sweat stage of development.
    On the other hand, their advice to have peace at any price may be nothing but pure jealousy. Those college towns in Willamette Valley, Portland included, seem to be well supplied with professors but they are short on congressmen, and these latter are more important than the former. There is Corvallis with not a single specimen, and this fact must be annoying to Editor Ingalls. Salem, the capital, has barely got one, and Portland, the metropolis, has but one, and that only a few years. Eugene, the home of U. of O., had none up to a few weeks ago. When they had to borrow one from Medford and then locked him up in the calaboose, the neighbors would not steal him and but few have the privilege of seeing.
    Here is Medford with a population of some 11,000; boasts of more congressmen than New York, Pennsylvania, or even Washington, D.C. Now there is something to feel chesty about, but perhaps Medford feels it has too many congressmen and would be happier with less. Maybe the "101's" or the C. of C. could arrange some kind of a trade or swap, especially with Portland, and ship them a lot of congressmen for something they are long on, even if you had to pay freight on the stuff. Many of these G.G.C.'s are experienced campaigners and perhaps chief counsel for defense Lonergan could make use of them in his campaign for governor. They could show the webfooters and all the rest how to "break down law and order," as it is done in Jackson County.
    The case of the Oregonian is rather puzzling, especially to some of us old timers who have seen that paper grow from a small four-page sheet to its present size and importance, and the paper that took the Mail Tribune to task back in February for coming down from the former dignified position to the level of Banks' style of journalism, and if they now recommend to forget and forgive perjurers, burglars and rioters, then the present writers, or at least some of them. have completely abandoned the high standard and character Harvey Scott gave the paper, and also forgotten what the Oregonian did to the Oregon Journal back in the nineties.
    If they look over their old files they will find that the Journal, as soon as established, began carping and abusing its older competitor in the "tall tower." (The Oregonian moved into its new home at Sixth and Alder in 1894; the Journal was housed in a low frame building on Yamhill Street). This racket kept up steadily for some two and one-half years, but was entirely ignored by Scott. Then all at once he got off his stool of dignity and attacked not only the Journal but its financial backers, with the result that the carping ceased. It is absolutely unthinkable that Harvey Scott would have occupied a dignified editorial chair in Medford the last few years or been one of the leading citizens (as he would have been) and taken a daily barrage of mud slinging; no, not for a minute. He was not built that way; but a strong advocate of law-obedience and order, opposed to fake and demagoguery of all kinds. One illustration will show what metal he was made of: When the radical elements in the coast towns were yelling the "Chinese must go," Scott opposed it, but mobs drove the Orientals out of Tacoma and some other towns, and there was uneasiness in Portland. When some came running upstairs at the southeast corner of Front and Stark streets (where the paper was published) and told Scott a mob was starting to drive the Chinamen out of town, he is reported to have said: "Is that so?" but calmly took his old Indian war rifle, went down the street and singlehanded defied the mob, which gradually dispersed, thus saving Portland from the odium of being a mob town. How could such a man or the paper he edits approve of the doings in Jackson County, or say let us drop and forget it?
    Their modern writers must be ill informed, unless there is a political side to it. It has been reported, and not denied, that chief of defense counsel Frank Lonergan wants to be governor and his co-worker, Enright, help in the campaign; also that said attorney also is in the good graces of the Oregonian. If that is so, would not the entire defense staff join in with the Banks or Fehl followers and attempt to poison and influence enough voters in the state, and especially the labor vote of Portland, to make a go of it, and if successful, how long would the main agitator stay in the pen?
    If the Oregonian is a party to a plan of putting barristers in office who wax fat and rich by defending criminals and murderers, defeating and defying the law and making court proceedings a farce, then that said old conservative paper is beginning to decay and ceases in its influence and usefulness. We can easily recall other great papers which caved in after the master minds that created them had passed on.
Medford, May 30.
Medford Mail Tribune, May 30, 1933, page 6


    Circuit Judge George F. Skipworth of Lane County will be here Tuesday, June 6, to hear all preliminary motions in the Jackson County ballot theft cases, for which 22 men stand indicted. At the same time Skipworth will hear the pleas of all defendants who have not entered pleas, including County Judge Earl H. Fehl.
    Judge Skipworth has also announced that he will remain here until the ballot theft cases are disposed of, and has made arrangements to this end in his own district.
    Clearing of the legal decks of preliminary motions and matters is expected to take the greater part of two days, when date of trial will be set.
    Assistant Attorney General Moody said this morning that the state of Oregon was prepared to go to trial at once and was desirous of expediting the ballot cases with the least possible delay. Many of the defendants have expressed a desire in printed and public statements for an early trial.
    It is now expected that the first of the ballot theft cases will be under way by the last of next week, at the latest.
    The defense has the right to demand separate trials, though indicted jointly, and it is anticipated they will do this. While nothing definite has been indicated, it is not held likely that the defense will file affidavits of prejudice or motion for change of venue. The latter plea would require the consent of all the defendants.
    Neither has the state indicated which of the defendants it will try first, which is their prerogative.
    Eight of the indicted men have entered pleas of guilty, and made statements relative to their part in the brazen and bungled crime committed on February 2, last, during and after a courthouse meeting of the so-called "Good Government Congress." It was at this meeting that Banks, in his second speech of the evening, held up a fountain pen with a match in the clip and made an apparently meaningless speech on the significance of the impromptu symbol. It was greeted with vociferous applause from henchmen, and authorities hold it meant the stealing and burning of the ballots had started.
    The state will neither confirm or deny the persistent report that more pleas of guilty will be filed.
    Indicted men entering pleas of guilty include R. C. Cummings of Rogue River, C. Jean Conner of the Green Springs mountain district, parliamentarian of the "Good Government Congress"; Charles W. (Chuck) Davis, reputed "Congressman"; the Sexton brothers, Earl Bryant and J. V. Gaddy of Jacksonville, and Wesley McKitrick of Rogue River.
    McKitrick testified at the murder trial that he was a "Banks guard," and a daily visitor at the Banks home.
    Documentary evidence was introduced at the same trial that Davis told authorities after his arrest: "Banks and his wild writings are making all these I.W.W.'s."
    Most of those who entered guilty pleas are represented by attorneys Frank DeSouza and E. E. Kelly, named by the court.
    County Judge Fehl is represented by attorney A. C. Hough of Grants Pass, H. Von Schmalz of Burns and Tom J. Enright of this city. Fehl testified in the Banks trial that during the two days following the Prescott slaying, he was sequestered in Von Schmalz' room in the Hotel Holland.
    Suspended Sheriff Gordon L. Schermerhorn is represented by attorney Frank J. Newman.
    Attorney Enright is associated also in the defense of Walter Jones, indicted mayor of Rogue River; John Glenn of Ashland, former county jailer; T. L. Brecheen of Ashland, ward politician; Arthur LaDieu, former Banks business aide; Oliver Martin and [Joseph] Croft, reputed "Congressmen.''
    Brecheen is still in the county jail, the others being at liberty on $7500 bonds.
    E. A. Fleming, Jacksonville orchardist and one of the state witnesses at the Banks murder trial, is also indicted for ballot theft, and is yet to enter a plea. Fleming testified at the Eugene trial that he was fleeing from the Banks home when Banks fired the fatal shot from the game rifle, and was arrested at the back door. Fleming testified that he went to the Banks home shortly before the murder to confer on raising funds to finance the defense of ballot cases.
    The state will call a score or more of witnesses, besides alleged participants, including local citizens who stood outside the courthouse on the night of February 20 and watched the maneuvering in the rear of the edifice, and nearby residents who watched the proceedings from their homes.
Medford Mail Tribune, May 31, 1933, page 1


    With Assistant Attorney General Ralph Moody and Circuit Judge George F. Skipworth presiding for the state, the trials for stealing ballots from the Jackson County courthouse last February 20 will get under way Tuesday of next week. These are the same two men who were in charge of the trial of L. A. Banks, former Medford editor, charged with murder, who is now under life sentence for killing Officer George J. Prescott when he went to the Banks home to arrest Banks in the ballot stealing case.
    Twenty-two men, including County Judge Earl H. Fehl and former County Sheriff Gordon L. Schermerhorn, are involved in the ballot stealing, which according to authorities, took place during a meeting of the so-called Good Government Congress.
    They state that it was while L. A. Banks was delivering an address to the congress that he held up his pen with a match in the clip in the sign of a cross, and made a few apparently meaningless remarks, which were greeted with noisy and prolonged applause. This has since been interpreted as a sign to those "in the know" in the audience that the ballot stealing had been started, and the resulting applause was to help hide any noise that the thieves might make.
    The ballots were stolen on the eve of a recount which had been called by defeated Sheriff Jennings, who was a write-in candidate, as there had been considerable misunderstanding about the proper way to write in his name, and because his margin of defeat was very small.
    It is not likely, officials report, that the defendants will ask a change of venue, as all must sign such a petition, and several have already pleaded guilty.
    As soon as the ballot cases are disposed of, the state plans to take up the case of Henrietta B. Martin, president of the so-called "Good Government Congress" and aide to Banks in his agitation moves. She is indicted for riotous and disorderly conduct, as the result of an attack with a buggy whip on Leonard Hall, editor of the Jacksonville Miner, February 17 last. Indicted as aides of Mrs. Martin are L. O. Van Wegen and L. E. Fitch, reputed "congressmen."
    C. H. Brown, secretary of the "Good Government Congress," and father of Mrs. Martin, indicted for "slandering a bank," is also scheduled to be brought to trial as soon as possible.
    Criminal syndicalism charges, growing out of the Banks-stirred turmoil, will be heard after the above matters have been concluded.
    A syndicated letter from Salem the past week contained the information that Governor Julius L. Meier had detailed undercover agents to report to him on conditions in this county. They have been working for a couple of months, unbeknown to the general public, it is reported.
Gold Hill News, June 1, 1933, page 1


    Official notice was received yesterday by county officials and attorneys for both sides that Circuit Judge George F. Skipworth of Lane County, assigned to this district, would be here Tuesday, June 6, to hear motions and pleas in the Jackson County ballot theft cases. Judge Skipworth has made arrangements to remain here continuously until the cases are completed.
    The preliminary motions and arguments are expected to take the better part of three days, after which the court will set the dates of trials.
    The state has reported that it is ready for trial, and a number of the defendants have announced their desire for a speedy trial--some requesting that their cases be heard before the Banks murder case.
    While no definite announcement has been made, it is not expected that a change of venue will be sought, or affidavits of prejudice filed. One defendant has hinted he might follow this course.
    The defendants have a right, under Oregon law, to demand a separate trial though jointly indicted, and it is anticipated this course will be followed.
    During the motion and argument period the state will file its order of trial and which defendant will be tried first.
    Twenty-three men, including six John Does, were involved for the ballot thefts, which occurred during and after a "Good Government Congress" meeting held on the night of February 20. Recount of the ballots in the contest between suspended Sheriff Schermerhorn and former Sheriff Ralph G. Jennings had been ordered by the circuit court. The next morning when attorneys and others went to the court house basement vault, on court orders to fit keys and take the ballots to the court room, it was discovered 46 of the ballot containers had been stolen. The recount was automatically halted.
    In the investigation that followed it was discovered that some of the ballots had been burned in the court house furnace and others burned and hidden in the area between Rogue River and Ruch. The first arrests in the case were started the following Saturday night.
    Later the grand jury, of which Theodore J. Bell, Jr., of Talent is the foreman, returned indictments against County Judge E. H. Fehl; suspended Sheriff Schermerhorn; Walter Jones, mayor of Rogue River; John Glenn, former county jailer; Arthur LaDieu, former Banks business manager, and others, "Good Government Congress" members, "Banks" guards or "court house loafers."
    A hint of one angle of the probable defense to be used was given by Jones in his testimony at the Banks murder trial. Jones testified that he was at the court house on the night of the ballot thefts, acting as an outside guard. He said he had heard a report that the "congress" meeting was to be broken up, and protective steps were taken.
    Attorney A. C. Hough of Grants Pass; H. Von Schmalz of Burns, Ore., and Thomas J. Enright appear as counsel of record for County Judge Fehl and several of the other defendants.
    Attorneys E. E. Kelly and Frank DeSouza were named by the court to defend the eight men who entered pleas of guilty.
    Attorney Frank J. Newman, a friend of many years, appears as counsel for suspended Sheriff Gordon L. Schermerhorn.
    The state will be represented by Assistant Attorney General Ralph E. Moody, District Attorney George A. Codding and Deputy District Attorney George W. Neilson.
Medford Mail Tribune, June 2, 1933, page 7


    Definite signs of frequently rumored attempts to resume the turmoil which has raged in Jackson County since the first of the year, leading to the tragic death of Constable George J. Prescott, were viewed yesterday by local citizens in the last issue of the Pacific Record Herald. A general assembly of the so-called Good Government Congress, believed inactive since conviction of the honorary president, L. A. Banks, for second degree murder, is called in the newspaper for today at Lake Creek.
    A car, carrying a banner announcing the "Good Government Congress" picnic, was also in circulation in the city yesterday. All Good Government Congress members with their wives and families are urged in the newspaper to be in attendance.
    In this same copy of the Fehl newspaper, in an article bearing the name of "Earl H. Fehl, county county judge," it is predicted that "there can be no peace in Jackson County until there will perhaps be many overt acts committed and possibly killings."
    An attempt has been made for some time through the circulation of propaganda throughout the valley, ranchers state, to arouse the people prior to the opening of the ballot theft cases, arguments in which are scheduled for hearing this week.
    The general assembly of the Good Government Congress, called for today, is interpreted as a further attempt in this direction.
    Names of speakers to be heard at todays picnic are not revealed in the Fehl newspaper, but it is stated that the speaking will begin at 1:30 o'clock and that arrangements have been made with Mr. Wyant for use of his jail and picnic grounds.
Medford Mail Tribune, June 4, 1933, page 1


    The state of Oregon expects to have one of the Jackson County ballot theft cases underway within the week, and to prosecute the remaining cases as fast as conditions will permit. Allied cases, such as the buggy-whipping charge against Henrietta B. Martin, former president of the so-called "Good Government Congress," the bank slandering charge against C. H. Brown, her father and secretary of the "Good Government Congress," and the criminal syndicalism cases against other reputed "Congressmen" will be taken up in order.
    Circuit Judge George F. Skipworth of Eugene will be here Tuesday to hear arguments and motions, and to set trial dates in the ballot cases. At the same time, the state will name which of the ballot theft cases it will try first. Arguments on motions are expected to take two days.
    Attorney Frank J. Newman, counsel for suspended Sheriff Gordon L. Schermerhorn, one of the 22 men indicted for ballot theft, said Saturday that Schermerhorn would not ask for any change of venue and desired that he be tried by a Jackson County jury and in Jackson County. The governor's suspension of Schermerhorn expires July 1. The accused official is anxious for an early trial.
    Under Oregon law all of the defendants, jointly indicted, must ask for a change of venue. They have the right of a separate trial, which it reported all will request. Eight of the indicted men, all but one or two reputed "Congressmen," have entered pleas of guilty. State authorities would neither confirm or deny the report that more guilty pleas were to be entered.
    Efforts were underway to secure the release of Joseph Croft, "the man in the horsehair coat," who was returned to the county jail Thursday on a ballot theft charge when Mrs. Ernest Dahack of the Eagle Point district withdrew as a bondswoman. Jail attendants say that Croft objected emphatically to his return to a cell. Overtures for his release again on $7500 bonds were launched Friday. Tom L. Brecheen of Ashland, ward politician, has been in custody since his arrest last February and is the only one entering a not guilty plea who has not been able to secure bonds.
    Among those scheduled to enter a plea next week is E. A. Fleming, Jacksonville, one of the main witnesses for the state in the Banks murder trial. Fleming, also indicted in the ballot-stealing fiasco, was released on bonds last week because of ill health, and is now with his family.
    Public interest in the ballot theft cases is strong. Sentiment generally is that they be tried and disposed of as quickly as possible and settled definitely.
    Daily reports are received of wild rumors being circulated in the rural areas. The reports also state that the country population is becoming skeptical and not accepting crude propaganda as the truth. One widely circulated canard held "that if the ballot cases are tried, there will be no money for schools next fall."
Medford Mail Tribune, June 4, 1933, page 1


    The so-called "Good Government Congress" at Lake Creek Sunday, according to reports received today, was attended by between 200 and 250 people. Fifty autos were parked around Wyants' Grove, where the meeting was held, according to an official count. The attendance was about evenly divided between residents of the Lake Creek district and Central Point, Rogue River, Trail and Wimer sections.
    Henrietta B. Martin, president of the "Congress," presided, and County Judge E. H. Fehl was among the speakers. Fehl talked 15 minutes. He informed a woman reporter for this paper, who inquired about his text, that his speech "was the ordinary bunk."
    A number of well-known workers in the "Good Government Congress" were present at the session, which lacked the venom and fire of previous meetings last winter on the part of the speakers, and enthusiasm on the part of the small crowd. Ariel Burton Pomeroy, Mayor Walter Jones of Rogue River, John Glenn, former county jailer, and attorney Tom Enright of this city were reported among those present. Jones and Glenn are under indictment for ballot theft.
    Reports of the meeting indicated there was some dissension in the ranks of the "Congress."
Medford Mail Tribune, June 5, 1933, page 1


    Arthur LaDieu, former business manager for the newspaper of L. A. Banks, convicted murderer, will be the first of the 22 men indicted for ballot theft, on February 20 last, to face a Jackson County jury. Trial of LaDieu will start Thursday at 9:30 a.m. before Circuit Judge George F. Skipworth of Eugene. The sheriff and county clerk were instructed to have the jury report for that time and date.
    Assistant Attorney General Ralph E. Moody also announced that upon completion of the trial of LaDieu, the state of Oregon would at once proceed with prosecution of Walter Jones, mayor of Rogue River, and that trial would be followed by trial of John Glenn of Ashland, former county jailer.
    The state announced that it was not prepared to list the order of trial for defendants beyond the three.
    LaDieu was arraigned and entered a plea of not guilty this morning. He was represented by attorney Thomas J. Enright.
    County Judge Earl H. Fehl, suspended Sheriff Gordon L. Schermerhorn, E. A. Fleming, Jacksonville orchardist, and Walter Jones, Rogue River mayor, also entered pleas of not guilty. Fleming was represented by attorney E. E. Kelly.
    Motions asking for separate trials for Fehl, Schermerhorn, Jones, John Glenn, former county jailer Joseph Croft and LaDieu were granted by Judge Skipworth, the court explaining that the matter was mandatory.
    Claude Ward. brother-in-law of Banks, represented by attorney W. E. Phipps, failed to make an appearance at the opening of court. Attorney Enright informed court that "he had been cold Ward was sick." Ward and attorney Phipps later appeared and Ward was given until Thursday morning at 9:30 to enter a plea.
    Attorney Phipps explained to the court that he had never seen an indictment or warrant in the charge, whereupon Assistant Attorney General Moody read the indictment and presented the defendant with a copy.
    "John Doe No. 4," "John Doe No. 5," and "John Doe No. 6" the court was informed were not in custody. Earl Bryant, Jacksonville, was listed as "John Doe No. 1," James D Gaddy, Jacksonville, "John Doe No. 2," and E. A. Fleming as "John Doe No. 3."
    All of the ballot theft defendants were in court.
    The entire proceedings took slightly less than an hour before a partially filled courtroom
    Court recessed at 10:30 o'clock, with the announcement that court would be resumed at 1:30 o'clock.
    The court made arrangements for door guards, and guards to keep the hallways cleared during the proceedings. Attendance at the trials will be limited to the seating capacity of the courtroom.
    Circuit Judge Skipworth is known as a strict disciplinarian during court proceedings. He announced that he would be here for the duration of the trial and prepared to accept motions and so forth at any time.
    The expected filing of a motion for a change of venue by at least one of the defendants did not materialize at the morning session.
    None of the tenseness that marked other hearings was noticeable in the morning proceedings, and when court started sharply at 9:30 o'clock, only a half-hundred people were present. Later the courtroom crowd increased.
    A decision in the motion of County Judge Earl H. Fehl and suspended Sheriff Gordon L. Schermerhorn to interview state witnesses held in the county jail, and to inspect confessions in the ballot theft cases, will be handed down tomorrow by Circuit Judge George F. Skipworth.
    The court took the matter under advisement this afternoon, following arguments on the motion by both sides.
    Assistant Attorney General Moody, representing the state of Oregon, resisted the motion, declaring:
    "It is the first time in this state that such a request has been made on behalf of accused men. It is unheard of to expect the state to reveal evidence upon which the state relies for conviction."
    The assistant attorney general submitted legal authorities in a brief. The state contended that the inspection of the confessions and statements might not be material to the ten defendants, yet concerning other defendants. and that the revealment of the evidence might place them at a disadvantage.
    Attorney A. C. Hough. representing Fehl, presented the argument for the accused official, who sat in court beside his wife at the morning session. His argument was short, submitting one Oregon decision in support of his plea.
    The court recessed in mid-morning to allow the state time in which to prepare counter-affidavits in a collateral matter.
    Attorney Frank J. Newman, for Schermerhorn, declared that it was necessary, "in the interests of truth and justice," that the defense have access to the confessions and witnesses in order to prepare to meet the state's charges.
    Moody declared, "The defense is on a fishing expedition, to learn what they can of the state's case."
Medford Mail Tribune, June 6, 1933, page 1


To the Editor:
    A young local scribe got into a little tangle recently with the great metropolitan daily, the Oregonian, over the reporting of "Senator" Banks' trial at Eugene.
    The scribe having (a) accused said paper of being biased in favor of the accused, (b) of saying the Oregonian was sponsoring Lonergan for governor and (c) that it had no firm settled opinion of its own, but kind of smelled around what the public had in mind before announcing its own policy.
    When two parties disagree about something they are both likely to be a bit mistaken, and we think that is the case now. Being on friendly terms with both parties, we will volunteer our service and try to blot out the slight misunderstanding.
    As to (a) there is no doubt in our mind but what the Oregonian tried to report the trial honestly and complains rather sadly that "it is impossible to please the public down Jackson County way." Being some 300 miles away, the picture naturally looks different to them (the Portlanders) than it does to us here on the ground.
    Suppose L.A.B. had "bought" property in Portland like he did here, acted in the [same] manner, got control of the Oregon Journal, used that like he did the News here, and suppose Earl Fehl had published the News-Telegram and the two had carried on a racket that ended with the murder of one of their best peace officers, and suppose further that Medford had sent a noisy, blustering attorney up there who, with the assistance of 4 helpers, had used every trick in the profession to liberate the killer on the plea that he was hounded and persecuted by a wicked bar association, by crooked competitors and a horrible, vicious gang of which the Oregonian was the chief conspirator, that he was an innocent, law-abiding martyr in a holy cause and should be let loose to work in a righteous cause. It makes a difference whose ox is gored. If the Portland papers had been on the spot, their view would be the same as ours.
    Case (b) that the Oregonian was backing Lonergan for governor and in a news dispatch from Eugene that Enright was to organize "Lonergan for Governor clubs," but further than that "they sayeth not." We, out in the sticks, are not supposed to know what is going on in the sanctums of metropolitan journals regarding nomination of officials.
    Modesty probably forbid them (both paper and candidates) to complete the whole state ticket, so we will offer a few more names for positions besides for governor. Portland, having no Senator now, and having not had any since the days of Harry Lane and George E. Chamberlain, may be casting goo-goo eyes for Lew. While he is in the bastile in Eugene he is only 128 miles from Portland and as soon as out he should have a ''castle" in Sullivan's Gulch, and become one of their own citizens. By fixing him up with a pair of horns from some old billy goat, he might butt McNary off the senatorial high chair and become Senator Banks of Portland. Eh?
    According to the Medford Daily News Judge Fehl knows more law than all the lawyers in Medford; he likes to hold office and he prefers to be called Judge. Why should he not go to the supreme bench?
    The boys up in the "big house" at Salem, as well as those who contemplate going there, and who have the Kingsley earmark on them, would be pleased to see Tom Enright attorney general, for "a friend in need is a friend indeed." Our own Henrietta, Pres. G.G.C., would likely fit in as secretary to the governor or secretary of state and would without a doubt be warmly supported, endorsed and recommended by the Jacksonville Miner, while Judge Fehl would have the endorsement of the Pacific Record Herald.
    (c) The charge that the Oregonian is a sort of wobbly will o' the wisp with no steady opinion is a mistake. Up to some 20 years ago the directly opposite was true. It was constantly denounced by someone for being stubborn and domineering, obstinate and bullheaded, never yielding to anybody or anything. The reason for this is as follows:
    In 1850 a man by the name of Thomas Dryer started a little weekly paper in the then backwoods hamlet of Portland. A short time after a young printer, Henry L. Pittock, got a job on the paper. The enterprise did not pay well, so young Pittock had to take an interest in the paper for his wages. A little later some more, and by 1857 he owned the whole business, and by 1861 it was made into a daily. In 1852 a family named Scott came out from Illinois. They had a boy named Harvey, a typical pioneer, worked at any job that came along, helped quell the Indian uprising in '55 and '56, entered Pacific University at Forest Grove when that institution was new, in 1860, and was about its first graduate. In '64 young Scott joined hands with Henry L. Pittock of the Oregonian and became its editor, a position he held continuously until his death in Johns Hopkins Hospital in Baltimore August 8, 1910, with exception of a short time in 1875 when he was revenue collector. The two seemed to fit exactly into the work of making a success of their chosen field. Before their allotted time was up, their paper had a reputation or credit of being one of five best edited and managed newspapers in the nation. In the early days they had a fierce struggle to make a go, but finally won out. One competitor after another came up and went down.
    Scott was strongly Bismarckian in his makeup, and the paper reflected his character. In the '50s and '60s it was strong for the Union and against slavery. In the '70s it was for sound money and against bogus paper or greenbacks; in the '80s it was fighting the anti-Chinese mob spirit and free silver as soon as that became an issue. Scott, being a "gold bug," was hostile to Senator Mitchell, a silver man. Then came populism, "Bryanism" and 16 to 1. Woman's suffrage was opposed by Scott, though his sister, Abigail Scott Duniway, was its greatest advocate and finally won in 1912, 2 years after her brother's death. Local option was denounced as a forerunner of prohibition, another evil. Recall, initiative and referendum was battled against, as only self-seeking politicians and demagogues would profit by it. But after all these new laws were passed, Scott died, and E. B. Piper became editor. The paper became more liberal and gave more heed to modern ways of life and right there is where its critics denounced it as being too changeable, but such is life. You can't please all.
Medford Mail Tribune, June 7, 1933, page 8


    Arthur LaDieu of Medford, Walter Jones of Rogue River, and John Glenn of Ashland are the first of twenty-two men to go on trial for stealing Jackson County ballots last February.
    LaDieu's trial opened in Medford at 9:30 this morning before Judge G. F. Skipworth of Eugene, with attorney Ralph E. Moody prosecuting.
    Separate trials have been granted for LaDieu, County Judge Fehl, former County Sheriff Gordon L. Schermerhorn, Jones and Glenn and former county jailer Joseph Croft.
    Preliminary hearing for LaDieu was held Tuesday morning, and he entered a plea of not guilty. All the defendants in the ballot theft case were in the court room for his arraignment.
    The same day attorneys for Fehl and Schermerhorn filed motions asking permissions to inspect confessions which have been secured by the state from several who are indicted for the ballot thefts.
    This request was officially denied late Wednesday afternoon.
    Attorney Moody has actively resisted this move, contending that "it is unheard of to expect the state to reveal evidence on which the state relies for conviction."
    Another development of the week was the affidavit filed by Judge Fehl, stating that the late Assistant Attorney General William S. Levens had assured him that he (Levens) believed Fehl was being framed. This was backed by an affidavit by Attorney Hough of Grants Pass, defending Fehl, who quoted Attorney General 1. H. Van Winkle as having learned the same from Levens.
    A telegram received from Van Winkle Tuesday, however, stated that he had not seen Levens alive after his purported talk with Judge Fehl, and that Levens had not reported that he had reason to believe Fehl was framed.
Gold Hill News, June 8, 1933, page 1


    Charges of burglary not in a dwelling against Virgil Edington, of Central Point, growing out of the ballot theft for which Arthur J. LaDieu is now on trial, were dismissed in circuit court this morning upon request of Ralph Moody, deputy attorney general, special prosecutor for the ballot theft cases.
    Judge George F. Skipworth dismissed the charges against Edington when Moody declared he wished to use Edington as an important state's witness.
    Attorney General I. H. Van Winkle attended this morning's session of Salem last night to "give the trial the trial, having come here from his personal attention." Van Winkle went into conference with Moody upon his arrival here last night, but the text of their discussion was not divulged. Van Winkle also had a conference with County Judge Earl H. Fehl this morning.
    County Clerk George Carter was the first witness called by the state, and Carter identified the files of the sheriff's recount case, and also identified the damaged and empty ballot pouches found in the vaults the morning after the robbery.
    Carter also identified the vault window which was broken to gain entrance to the vault, and testified that when he locked the vault on the previous evening the window was not broken and that all the ballot pouches were in the vault. Carter could not testify that the pouches contained the ballots cast in the November election of last year, as counsel for LaDieu objected on the grounds Carter was not county clerk at election time last year. Prosecutor Moody said he would call Delilia Stevens Meyer, clerk at that time, to establish the fact the pouches contained the ballots in question.
Medford Mail Tribune, June 9, 1933, page 1


    Opening statements of both state and defense, in the trial of J. Arthur LaDieu, former newspaper business manager for L. A. Banks, convicted slayer, were completed this morning in circuit court before Judge George F. Skipworth of Lane County.
    The opening statement of the prosecution, given by Assistant Attorney General Ralph E. Moody, required an hour to deliver and portrayed the hectic events in and near the courthouse on the afternoon and evening of February 20 last--the date of the ballot theft and destruction--involving, the state's attorney declared, County Judge Earl H. Fehl, suspended-Sheriff Gordon L. Schermerhorn, Walter Jones, mayor of Rogue River, John Glenn, former county jailer, and Tom L. Brecheen, in leading parts and all indicted for the same crime with the defendant at the bar.
    Attorney Tom J. Enright, in his opening statement to the jury, took less than ten minutes. Attorney Enright briefly told the jury that it "would be shown LaDieu took no part," that the state would not be able to prove its claims beyond a reasonable doubt, and asked the jury to "pay particular attention to the demeanor of the state's witnesses upon the stand."
    "The state of Oregon will unfold to you, members of the jury, a concerted scheme on the part of County Judge Fehl, Gordon L. Schermerhorn, suspended sheriff, Walter Jones of Rogue River, John Glenn, former county jailer, and Thomas L. Brecheen of Ashland to destroy the ballots cast in the last election," declared Moody. "The state will show that LaDieu, now on trial, was an accessory before and after the crime, and a big principal in it. I have not told you half of the evidence that will be told from the witness stand, from the lips of participants in the crime--who were mere satellites--and the observations of people outside the courthouse that night during a meeting of the Good Government Congress.
    "The state will prove to you conclusively and completely the role LaDieu played in this crime," the state attorney closed, "and will demand of this jury, as citizens and taxpayers, and fair and impartial men and women, a verdict of guilty as charged in the indictment."
    Discussing the motive for the ballot theft, Assistant Attorney General Moody said:
    "For some reason--political or otherwise--Fehl and Schermerhorn, particularly, did not want the ballots counted. They were not alone afraid of a recount in the sheriff's race, they were suspicious about something in the county judge race that they did not want the people to know. So when the circuit court order was issued calling for a recount, Fehl and Schermerhorn were in consternation. They, with other persons interested, then decided upon drastic action. They made up their minds that the ballots must not be counted."
    Assistant Attorney [General] Moody declared that Fehl was present at conferences on the afternoon before the ballot thefts, with LaDieu, and conferred with Walter Jones of Rogue River, Charles W. (Chuck) Davis, John Glenn, former county jalter, and the Sexton brothers twice on plans for breaking into the courthouse vault.
    "Fehl asked one of the Sextons: 'Do you know the combination to the vault?' Sexton replied, 'I am not sure. I think it starts at thirty.' They were discussing how to get in and steal the ballots."
    "To determine if there were bars on the inside of the window," the state attorney declared, "Fehl sent Chuck Davis and Brecheen outside, and Sexton was to turn on the vault light. It was agreed that the light was to be flickered three or four times and Joe Daniels, a janitor, saw the flickering while outside the court house and came in and asked the Sextons 'what was going on.' They made some joking reply and Daniels moved on.
    "And when the plans were all completed," attorney Moody declared, the evidence will show "that Fehl said to the Sextons, 'We can't have this recount, or we will all be out, and that would be too bad.' Fehl then went to the Good Government Congress meeting in the courthouse, and made one of his speeches for the dear people."
    Outlining the role he held the evidence would show that LaDieu played, the assistant attorney general declared:
    That LaDieu "conferred with Fehl in the afternoon" while the circuit court was in session, and after the ruling ordering the recount had been filed:
    That the defendant "had arranged an alibi with Mr. and Mrs. L. A. Banks to be at their home between 11 o'clock and 3 o'clock in the morning, but failed to get back from Rogue River in time."
    That LaDieu instructed Sam Carey, former advertising solicitor for Banks, "to tell everybody I am in my office, have been there all evening, and don't want to be disturbed, though he was in and out of the News office all evening."
    That he carried ballot pouches away from the courthouse in his auto, buried them in a straw pile near his home, then borrowed Deputy Sheriff Phil Lowd's auto to "go on a party," returned to the straw pile, loaded the stolen pouches, and drove by the Old Stage Road to Rogue River, and went to Walter Jones' home for instructions on what to do with the ballots.
    That Jones instructed that the ballots be taken to the home of Wesley McKitrick's mother and "burned." That while at the McKitrick home LaDieu looked at his watch, said: "My God! I'm late," and left hurriedly for the Banks home, but Banks and his wife had gone to bed.
    The assistant attorney general declared the evidence would show that Mayor Jones, when LaDieu, Wesley McKitrick and Virgil Edington came to his home with the stolen ballots, went and got some pitch, and gave it to them "to better burn the ballots at the McKitricks'."
    "LaDieu, when he found the Banks had gone to bed," attorney Moody declared, "went  to the News office and later went home."
    That ballots had been left by LaDieu in the borrowed Phil Lowd sedan and were found the next morning by Lowd, the state attorney said.
    Virgil Edington of Gold Hill and Wesley McKitrick, both reputed "Banks guards," made the trip to the Jones home in Rogue River with LaDieu, attorney Moody said.
    Moody declared the evidence would show that "Walter Jones--the mayor of Rogue River--was named by Fehl as the big boss. He was the generalissimo--to have charge of everything, and give the orders--and he did."
    Further outlining the activities of Jones, the assistant attorney general declared that besides the visit to his home, Jones arranged all the crime details.
    Attorney Moody declared that Jones and Chuck Davis, one of the defendants who have entered a plea of guilty, "picked out the ax in the tool room with which one of the Sextons was to break the window, after Davis had demonstrated to him that the window could not be opened with a crowbar; that he instructed R. C. Cummings to start his Ford auto, and "make as much noise as possible, and provided for cheering in the "Good Government Congress" meeting to drown the noise of the falling glass.
    That Jones instructed the Sexton youth "to make a good job of it and don't bungle it; hit it as hard as you can, and make only one lick--and Sexton did."
    That Jones afterwards praised Sexton for the thoroughness of the blow.
    That the first load of stolen ballots was taken away in the R. C. Cummings auto under Jones' direction.
    Assistant Attorney General Moody declared that before the vault window was smashed, and after Fehl left for the "Congress" speech, John Glenn of Ashland, former county jailer, took the Sexton brothers to the county jail floor in the elevator, and left the gate open so the elevator could not go down, and then told them:
    "The judge has ordered a recount, and we have got to get rid of them, or we will all be out of jobs... "
    That Glenn further told the Sextons: "Sheriff Schermerhorn has asked me if you boys can be trusted, and I told him you could. You have got to get us out of this hole."
    And further, Glenn was quoted:
    "You boys needn't be afraid. If your fingerprints are on the ballot pouches, that will be all right. You packed the ballot pouches into court, and that lets you out of this. The county judge and the sheriff are back of this. The sheriff's office will undoubtedly investigate, but there won't be anything to it."
    That Glenn warned the Sexton brothers to "keep your mouths shut" and promised "I'll give you $10 apiece."
    Attorney Moody described Tom Brecheen, of Ashland, active in the last primary and general elections, "as rather a large figure in this crime."
    He charged that Brecheen, one of the conspirators in the crime, had conferred with Fehl, Jones, Glenn, Davis and the Sexton brothers on the ground floor near the vault, on its commission, and was "outside the court house" when it was committed.
    That Brecheen went to the broken vault window and asked how many pouches had been thrown out. Told the number was four, Brecheen said:
    "That's not enough," and more were stolen.
    The state attorney charged "that when the first load of stolen ballots were being hauled away in Cummings' car Schermerhorn stood on the street back of the court house and waved at one of the Sexton boys as they passed, as a signal. He had been standing there making observations of what was going on," attorney Moody said.
    Attorney Moody further said that after the window was broken C. Jean Conner, vice-president of the "Good Government Congress," and "parliamentarian," was nominated to crawl through the window, because he was a thin fellow and a big man could not make it. Moody said Conner "wore gloves to prevent any fingerprints." The gloves, the state counsel said, after the stealing, "were given by Conner to LaDieu, who gave them to Edington to destroy."
    The Sexton brothers, who will testify as state witnesses, "were court house boarders and lived in the penthouse on the roof." Permission to do this was given by Fehl and Schermerhorn, Moody said. "One is just past 20 and the other about 17 years old. They were used by older men "for their own purposes." They were arrested first for fighting, but no charge was filed and they stayed on.
    "The Sexton brothers 'did odd jobs' about the court house for their board and room and received no pay.
    "They carried the ballots from the vault to the court room. The first plan was to rip the pouches open while the ballots were en route to court. The Sextons demurred to this plan, and it was dropped."
    The assistant attorney general, near the close of his remarks, said: "I have not told half of the evidence that will come from the witness stand. I have been sketchy necessarily, but want to show you a slight part of the ramifications. It is better that the jury hear it from witnesses who took part and people not participants in the crime, but who were nearby."
    Rapt attention greeted every word of Assistant Attorney General Moody's startling revealments by a well-filled court room. The state's counsel spoke in a conversational tone, rising to no oratorical heights, as he told the dramatic story of what the state expects to prove.
    Contrary to general expectations, a jury was completed and sworn in the first day of the trial of J. Arthur LaDieu, former newspaper manager, charged with a score of others with ballot theft on the night of February 20 last, during and after a meeting of the self-styled "Good Government Congress." It was predicted that the selection of the jury would take until Friday noon, but unexpected headway was made and the jury completed by 4:30 o'clock Thursday afternoon.
    The jury as sworn in, with two alternates, is as follows:
    R. A. Houston, Phoenix; storekeeper, who admitted he signed a "Good Government Congress" membership card but "attended only one meeting."
    Wayne S. Holdridge, Talent; fruits orchard worker.
    Walter Hash, stockman; Ashland.
    George F. Putman, Eagle Point; farmer.
    Miss Mary Hanley, Lake Creek; niece of Bill Hanley, noted Oregon citizen.
    Walter R. Allen, farmer; Eagle Point.
    Glen Saltmarsh, Applegate; farmer.
    C. O. Presnall, Ashland; carpenter.
    Charles T. Nahas, Medford; farmer.
    James G. Ferrell, Medford; farmer.
    William R. Crawford, Medford; electrical mechanic.
    J. Frank Wortman, Phoenix; farmer and banker.
    The state, in the exercise of its peremptory challenges, excused Milroy Charley, farmer, Brownsboro; J. O'Brien, Butte Falls, laborer, and R. A. Childs, Medford.
    The defense exercised its six peremptory challenges against John Cupp, Medford, furniture dealer; Minnie B. Bellinger, housewife, Medford; R. E. Carley, mill worker, Medford; Everett B. Olds, laborer, Ashland; Ed Gyger, auto mechanic, Ashland, and E. J. Brown, farmer, Applegate.
    Two alternate jurors, Alice Waddell, housewife, Central Point, and Horace Green, Medford, were named as alternates.
    The court ordered that the jury be kept together for the duration of the trial, in charge of a man and a woman bailiff, George Inlow and Miss Phila H. Hall.
    The jury were directed to return to their homes and prepare for a stay in Hotel Medford until the trial was finished.
    The court said: "In view of a condition prevailing in this county, of which I need not speak now, it is the judgment of the court that you be kept together during this trial. The court requests that you return to your homes and report here at 7:30 o'clock this evening, when you will be given final instructions. You will be sent to the hotel. During this trial you will be given newspapers to read with stories of the trial deleted.
    "As citizens and taxpayers of Jackson County you are officers now of this court, and in super-abundance of caution I make this ruling to keep you together. The defense must receive a fair and impartial trial, and it is the duty of all officers of the court to see that they do. If anyone should endeavor to talk to you about this case, tell them you are a member of the jury and if they persist report to the court."
    The jurors were also instructed not to read newspapers while at their homes last evening making ready for jury service.
Medford Mail Tribune, June 9, 1933, page 1


    Evidence depicting the part they swore that Arthur LaDieu, former newspaper business manager, played in the ballot thefts of last February, and picturing L. A. Banks, convicted slayer, and his acquitted wife, Edith Robertine Banks, as alibi-makers for ballot stealers, came from the lips of state witnesses Saturday. LaDieu is on trial for "burglary not in a dwelling," as one of the principals in the crime.
    More evidence was adduced to show that Walter J. Jones, mayor of Rogue River, was the signalman of the ballot thefts; that County Judge Earl H. Fehl knew of its plotting; that suspended Sheriff Gordon L. Schermerhorn, while the theft was in progress, was standing on a nearby street; that John Glenn, former county jailer, promised "good pay" and jobs for two of the participants in the crimes, and that Thomas L. Brecheen of Ashland, ward politician, "egged" the Sexton brothers to "take all the ballots, we don't want them to count any of them."
    The state contends that Fehl, Schermerhorn, Jones, Glenn, and Brecheen engaged in a conspiracy to steal the ballots and prevent the recount the court ordered in the sheriff's race.
    Assistant Attorney [General] Ralph E. Moody indicated that the state might conclude its main case Monday, and had "seven or eight more witnesses to call" next week. Some of these, it is said, will tell of a meeting held in the court house, just after the recount decision was made, and the word went out, "There must be no recount."
     Present indications are that the case will be in the hands of the jury by Friday--possibly Thursday afternoon, late.
    Virgil Edington, 26, Gold Hill youth, testified at the start of the afternoon session that he was a "Banks guard," and with Arthur LaDieu, the defendant, and Wesley McKitrick, who testified at the morning session, on the night of the ballot robbery he left with LaDieu and McKitrick with six ballot bags and drove to the home of Mayor Jones near Rogue River for instructions.
    Edington testified that on the way to the north county town LaDieu joked about the ballot theft.
    "LaDieu thought it would be a good joke on the court, when he came to count the ballots, and there were none to count," the witness said.
    Edington further testified that LaDieu said: "There will be no recount, and Schimmy (Schermerhorn) won't lose his jobs for a while."
    Edington testified that Jones gave them some pitch, "so the ballots will burn better," and advised them to go to the home of McKitrick's parents across the river and burn the ballots, and "do a good job of it."
    The witness said the three of them--himself, McKitrick, and LaDieu--went to the McKitrick home and burned most of the ballots in the cook stove. Edington said he and LaDieu cut the ballot bags with his jackknife and they piled the ballots on the floor by the cook stove. They took the slit ballot containers to the mouth of Galls Creek, filled them with rocks and threw them into the stream.
    Edington testified that about two o'clock LaDieu said, "We've got to be going to make good on our alibi." The plan was to stop at L. A. Banks' home on West Main Street, "if the lights were on."
    A couple of days after the ballot theft, Edington declared that LaDieu came to him in the "News" office, and said:
    "We'll go up to the bosses, and get straightened out on our alibi."
    They then went to Banks' house--LaDieu, McKitrick and Edington--and with Banks and Mrs. Banks present, the alibi was discussed. The witness said Banks declared, "I will stand by my boys."
    Edington said at a second conference, with Banks and Mrs. Banks present, an alibi was arranged to cover their borrowing of Phil Lowd's car.
    All three were to say they had borrowed Lowd's auto to carry guns from the "News" office to Banks' home, so the police would not be suspicious and arrest them for carrying guns without a permit  Edington testified they were to explain they were "guarding Banks' house," and all were to say he "had received threats." It was agreed if necessary, the witness said, for all to go into court and testify to the alibi and that Mrs. Banks suggested they "rehearse" their alibi, "so there will be no mistake," and "to remember what to say in court and stand by it."
    Part of the alibi was to be that they were talking "about the Good Government Congress."
    Edington further testified that while throwing the rock-weighted ballot sacks into the river some pencils dropped out of one of the containers and he placed them in his overcoat pocket. Later they were burned in a furnace at the "News." The court ruled that the tin tops of the pencils were not permissible as evidence.
    Edington further testified that he burned up a pair of gloves handed him by LaDieu, that he later learned were the property of C. Jean Conner, vice-president of the "Good Government Congress," and worn by him while in the court house vault. The witness also declared that Brecheen came to the "News," and talked to LaDieu, ere the ballots were stolen.
    Edington's story of the manufacture of the alibi at the Banks home was frequently interrupted by defense objections. causing attorney Moody to admonish him "not to grow nervous."
    Edington was subjected to a fierce cross-examination at the hands of defense attorney Enright, who characterized him as "a bought and paid for witness." Edington claimed that the dismissal of the indictment against him was a surprise.
    Mrs. Nora B. McKitrick, mother of Wesley McKitrick, identified LaDieu as the man who with her son and Edington, came to her home and burned the ballots. Mrs. Elsie McKitrick testified that she was in and out of the room and was introduced to LaDieu. She was busy most of the time caring for a then five-month-old baby.
    Three state policemen attached to the game department--Ed Walker, Rodney Roach and Clarence Malcolm--identified ballot bags they had recovered from Rogue River near Galls Creek, and the Bybee bridge.
    Earl Bryant, and his brother-in-law, James D. Gaddy, testified that with E. A. Fleming of Jacksonville, they had taken five of the ballot bags after the meeting of the "Good Government Congress" in the court house, in a delivery auto, and burned part of the ballots in Bryant's home and the remainder in the woods near Jacksonville. They also burned up the ballot containers, both testified. Later they went to the ashes of the bonfire, built for the purpose, and found "eyelets" of the destroyed containers.
    Philip Lowd, deputy sheriff, testified that shortly after midnight on February 20 last, LaDieu and McKitrick came to his house at 1511 West Main Street and asked to borrow his large auto "to stage a party."
    Lowd invited them into the house, and LaDieu said: "We want to get your car to get some whiskey, and we might get a load of ballots at the court house." Lowd said he dismissed it as "idle talk, as I didn't think anything like that would happen."
    Lowd said: "I told LaDieu this was not my habit, but he could take the car if he wanted it."
    The next morning, the witness said, his auto was parked near his house and was muddy, and had straw and chaff in the rear compartment.
    Lowd testified that he went to the office of attorney Porter J. Neff that day and dictated a statement about the condition of his car, which he later gave to the state police.
    "I checked upon the gasoline and found they had gone about 75 miles," Lowd said.
    Under cross examination, which was brief, Lowd did not change his testimony.
    Chief of Police Clatous McCredie identified 18 tops of ballot bags as those found in the court house basement the day following the ballot theft.
    Judge Skipworth, though both sides agreed, declined to recess the trial until Tuesday morning because of the "great expense to Jackson County, and it would not be right to keep the jury locked up for two days."
    It was explained to the court that a "number of witnesses desired to attend the University of Oregon graduation exercises Monday at Eugene."
    Judge Skipworth replied:
    "I have a daughter--and my only daughter--graduating Monday from the university, and I have just broken the news to my wife by long distance that I will not be there. I feel as sorry about it as anybody, and would love to attend, but it just can't be done."
    Attorney Hough proposed that the jury be excused and "allowed to return to their homes."
    The court declined the proffer because "since they have been kept together thus far, it would be foolish to allow them to separate now."
    The court granted the jury permission to attend church today, in charge of bailiffs, but all must go to the same church, and "it is understood that the minister will make no reference to this trial. or anything connected with it."
    Judge Skipworth left Saturday to spend Sunday with his family in Eugene. He will return here Monday on the 8:40 train.
    R. C. Cummings of Rogue River, a county truck driver when Walter Jones, mayor of the north county town, was its mayor as well as county road supervisor, and whose "Model T Ford coupe" provided a hubbub with the cheers of "congressmen" to drown the sound of falling glass when the court house vault window was broken, testified at the LaDieu ballot theft trial Saturday morning he did not want his father-in-law to know "I had been mixed up in this," so he hurried back from a ballot-destroying auto trip to Bybee bridge over Rogue River.
    Cummings said he drove kin to the "congress" and met Mayor Jones in the hallway shortly after the doors were opened, and Jones instructed him to "go and start a truck with a key in it." Cummings said he left but did not start the truck, telling Jones there was "no key, though there was one."
    The witness then said that Jones instructed him to drive his own car to the west entrance of the court house, keep his engine running and "race it when they get the signal to smash the window, and you hear the cheering." Cummings testified he did, and once when the engine "died" Jones came to him and told him to "keep it racing."
    At a signal and the cheering, Cummings testified, he raced the motor and made noise to drown the sound of falling glass. Later four ballot bags were placed in the car, and Cummings said: "Let's get out of here." Walter with Burley Sexton he left, and on the street heard Sexton say:
    "There's Shimmy" (nickname for Schermerhorn).
    Cummings then corroborated the testimony of the Sexton brothers about driving by a roundabout way to Bybee bridge, weighting down the ballot bags and throwing them into the middle of Rogue River.
    Cummings is one of the eight indicted men who have entered pleas of guilty. He was asked only a few questions on cross-examination.
    Wilbur Sexton, a brother of Mason Burley Sexton, corroborated his brother's testimony that he had helped burn several bags of ballots and that with C. Jean Conner, vice-president of the "Good Government Congress," he had crawled into the vault and passed out ballot containers. He testified he and Conner did this four times during the night.
    The younger Sexton, but 17 years old, testified to talks with Fehl, Glenn and Brecheen, relative to the destruction of the ballot. Glenn, then county jailer, in a conference in the jail office, told the brothers: "The sheriff is with us," and promised money and jobs. He said he was present when Fehl said: "I'd hate to see you boys break into that vault" in a "joking manner."
    Wilbur's testimony, in main details, was corroborative of that of his brother. He testified that when Joe Daniels, a court house janitor, showed up in the rear of the court house, Jones instructed Chuck Davis "to get him out of here." Daniels and Davis moved away together. The witness said Jones spent considerable time at the southwest corner of the court house, and the rest near the vault window.
    The cross-examination of Wilbur Sexton was short, and he remained unshaken.
    Mason Burley Sexton, a dapper, fast-thinking, six-foot youth of 20 years, was the chief witness for the state Friday afternoon in the trial of J. Arthur LaDieu, former newspaper business manager for L. A. Banks, convicted slayer. LaDieu is the first of a score of men indicted for the Jackson County ballot thefts on the night of February 20 last, before, during and after a meeting of the self-styled "Good Government Congress" held in the court house.
    Under a long cross-examination of defense attorney Tom Enright, Sexton failed to waver, and clung to his amazing story of plotting and conniving and conspiracy, rampant in court house circles during the first two months of this year.
    Sexton in his testimony declared under cross-examination that John Glenn, former county jailer, was "the superintendent, Tom Brecheen the assistant superintendent, and Walter Jones, mayor of Rogue River, the boss" of the ballot stealing.
    The youth also implicated County Judge Fehl and suspended Sheriff Gordon L. Schermerhorn, swearing that Fehl knew of the plan to steal the ballots and that Schermerhorn had watched the theft, and waved in return to his own wave of the hand when he left with R. C. Cummings in the latter's auto with the first load.
    Sexton described "talks" in which Fehl, Jones, Brecheen, Charles Davis and Glenn engaged near the clerk's vault, in which the ballot theft was the topic, and that Fehl had dispatched him to the court house auditorium to see if "Mrs. Henrietta Martin and Banks had arrived" for the meeting. The witness testified that when Fehl left to attend the "Congress" he said:
    "I wouldn't want to see you boys break into the vault," in a joking manner.
    Mrs. Martin, president of the "Good Government Congress," sat in the audience almost directly in front of the witness stand Friday afternoon nodding her head in dissent to most of Sexton's testimony.
    The witness also testified that Fehl, in the presence of himself and brother and father, and Brecheen, Jones and Glenn, had declared "the ballots must not be counted or we will all be out."
    Sexton testified that when jailer Glenn had proposed the ballot theft to him, he said:
    "There is too much law around here.
    "I contacted John Glenn on the steps, and with my brother went to his office in the county jail. I again told him 'There was too much law' and Glenn said: 'Don't worry. The sheriff and his deputies who will be around tonight are with us.'"
    Sexton said he promised him and his brother $10 apiece and a good job besides, "and you know the stand in I have with Judge Fehl."
    Sexton testified that with Mayor Jones of Rogue River giving the signal and standing nearby, and the Model T auto of R. C. Cummings clattering, and the crowd in the "Congress" cheering, he smashed the vault window with an ax.
    "I had trouble getting the ax loose but the cheering and the old auto drowned the sound of the falling glass."
    He testified C. Jean Conner, "parliamentarian" and vice-president of the "Congress," had helped pass out the ballot pouches, and that he helped load some of them in the defendant's auto. Sexton also testified that he and Cummings had thrown four ballot sacks off Bybee bridge into Rogue River, and identified four recovered pouches as the ones he had cut and filled with rocks. He admitted also that with his brother Wilbur he had burned the contents of a number of pouches in the court house furnace.
    Sexton said that when he told Brecheen 18 ballot pouches were destroyed Brecheen declared, "That's not enough. Take them all. We don't want them to count a single ballot."
    He said he told then jailer Glenn where he had hidden a number of wooden tops of ballot containers and Glenn retorted:
    "Leave them there. They can't recount them."
    Sexton made a clear, concise and impressive witness. Attorney Enright asked him a number of times, "How often did you rehearse this testimony?"
    Evidently nettled by the persistency of the defense counsel, Sexton retorted: "YOU DON'T HAVE TO REHEARSE THE TRUTH."
    Sexton admitted that he was arrested last January for fighting, and was released from the county jail Friday, January 13th, with no charge against him, and the grand jury returning no indictment. He said he and his brother were destitute and that night they had asked jailer Glenn to be allowed to work for their board and room at the court house. The request was granted.
    Sexton said that he had helped pack the ballot pouches into the courtroom the day before they were stolen, and had "spread" chairs in the auditorium for the "congress" meeting. He testified that at one conference, on the second floor, Fehl had praised the county commissary.
    Describing the conditions after the ballots were stolen, Sexton said: "They gave us plenty of instructions about how to steal the ballots, but no instructions of what to do with them." He testified that he and Cummings drove first down Oakdale to Stewart Lane, then east to the Pacific Highway, discussing "what to do with them." They finally decided to go to Rogue River, and at Main and Riverside Avenue saw Sergeant James O'Brien of the state police standing on the corner talking. They first planned to throw the ballots in Bear Creek.
    At one point of his testimony, Sexton said: "The mayor of Rogue River had a hammer up his sleeve, and another man had a monkeywrench. When I smacked the window, they all scattered in every direction like a bunch of bees." He said Jones had told his brother and Jean Conner to throw out pouches for LaDieu's car and that he had helped load them therein.
    Sexton testified that when near Bybee bridge, they saw a paneled Ford coming, and throwing the pouches in Rogue River was delayed until it passed.
    When Brecheen urged the theft of more ballots, Sexton said he remarked: "We might as well steal the vault, too." Brecheen told him, "I'll go to the 'News' and get the gang." Brecheen never returned. When he saw Brecheen in jail waiting for breakfast the next morning, Sexton said he told Brecheen, "that was a fine one you pulled on us," and then left to prevent an argument. "Brecheen ate every other meal in the jail," the witness said.
    Sexton said he met Glenn after the theft, and Glenn told him, "I'm so nervous I can't sleep." Glenn told him, he testified, "you'll be well paid and get a good job besides."
    The witness said he met Schermerhorn the next morning, and the then sheriff said: "Now there'll be no recount. You keep your mouth shut."
    The witness said he saw LaDieu in jail, and the defendant had been chary about talking, because, he said, "There is a dictaphone in here."
    On direct examination Sexton was permitted to give his testimony without interruption, but was on the stand for two hours under a grueling cross-examination. He was the final witness of Friday.
    The ax and crowbar used in the thefts were introduced as exhibits. Former County Clerk Delilia S. Meyer, Deputy Clerks Nydah Neil and Helen Dugan, testified to court records, discovery of the ballot thefts, and other minor details.
Medford Mail Tribune, June 11, 1933, page 1


    The court in the trial of Arthur J. LaDieu this afternoon denied the motion of the defense for a directed verdict. Attorney A. C. Hough of the defense, in asking for the directed verdict, stated that LaDieu is guilty of larceny, "the facts show it," but maintained that he is not guilty of burglary not in a dwelling, the charge named in the indictment.
    The court held that sufficient evidence had been produced linking LaDieu in the alleged conspiracy, to justify taking the case to the jury.
    C. Jean Conner was the first defense witness called in the trial this afternoon, completion of which is expected Tuesday with the trial of Walter Jones, mayor of Rogue River, also indicted for the theft, scheduled to open Wednesday.
    The state of Oregon rested its main case in the trial of J. Arthur LaDieu, former newspaper business manager, on trial for ballot theft in circuit court shortly before noon. The first defense witness was called at the opening of court this afternoon.
    Further corroboration of the testimony of the Sexton brothers and other state witnesses, who placed County Judge Earl H. Fehl, suspended Sheriff Gordon L. Schermerhorn, Walter Jones, mayor of Rogue River, John Glenn of Ashland, former county jailer, and Tom L. Brecheen, political worker in the last two campaigns, as in and around the courthouse before, during and after the ballot stealing was presented. The state contends the two county officials and appointees and Brecheen engaged in a conspiracy to destroy the ballots to prevent the court-ordered recount of votes.
    Joseph Daniels, former courthouse janitor, now residing at Ruch, testified that on the evening of the ballot thefts, he saw County Judge Fehl and John Glenn talking to the Sexton brothers on the basement floor; that with Brecheen he walked past the vault window and saw the flickering light within, and Brecheen asked him "is that where they keep the ballots?" Brecheen also noticed a light in the clerk's office and asked Daniels if he knew who was in there, and if there was any way to find out.
    Daniels testified that he saw suspended Sheriff Schermerhorn around the courthouse the night of the theft; once at the back door, once going around the northwest corner of the structure and once while he was going up the jail steps with another man, leading to his office, the time being from 7:30 to 9:45 o'clock.
    Daniels testified that he and the Sexton brothers and janitor Bell packed the ballot pouches from the vault to the courtroom and back on the afternoon before the theft, and he "noticed nothing wrong with the window."
    Daniels also said that the morning after the robbery, and before it was known, attorney Elton Watkins of Portland, retained as counsel for Sheriff Schermerhorn in the recount proceedings, attorney Frank DeSouza, himself and Charles Fischer, a locksmith, had met at the vault door, and that at attorney Watkins' suggestion they all went outside to look at the courthouse, and discovered the broken window.
    Daniels testified that Watkins asked him:
    "Are any of the ballots gone," and the witness replied: "I don't know." The witness testified that Watkins led the way.
    Daniels further testified that he had seen the Sexton brothers talking to Glenn, and heard him call them and that at 10:35 p.m., when he retired for the night, Glenn had asked him "to let me know when 'Congress' is over." Daniels slept in a room on the courthouse roof.
    The witness also declared that when he came out the courthouse back door he was met by Charles W. (Chuck) Davis, who said: "Let's go up there and see what these two fellows are doing." Daniels said they then went to the northwest courthouse corner, and around in front, where they talked to County Judge Fehl for 10 or 15 minutes.
    Daniels testified that he noticed a Ford coupe parked between his auto truck and the auto of janitor Bell. R. C. Cummings testified that his Ford coupe was parked there at Jones' order, to make a noise with the "Congressmen's" cheers when Burley Sexton broke with an ax the vault window. Daniels said Schermerhorn asked him to patrol the courthouse that night.
    "Mr. Banks is very tickled, and said he had the best laugh in months when told the ballots were stolen," Sam Carey, former News ad solicitor, testified Defendant LaDieu told him shortly after midnight on the night the ballots were stolen. Banks continued in this morning's testimony to move in the background of the crime. He stands convicted of the slaying of Constable Prescott, while resisting arrest as one of the ballot-stealing plotters.
    Carey, who described himself as "secretary to Mr. Moody," further testified that LaDieu, shortly after the crime was committed, was laying the foundation of an alibi, and admitted his own part.
    Carey testified that LaDieu told him in the presence of Wesley McKitrick and Edington that the ballots had been stolen, and they had thrown them in Rogue River; that LaDieu did not know who had placed the ballots in his auto when he drove to the rear of the court house; that he came to the News office after the "Congress" meeting, and shortly after midnight drove up in a Hudson sedan and with McKitrick and Edington drove away, to return about 2:30 a.m.
    On one of these visits to the "News" the phone rang and LaDieu answered and told him later that Banks had called, and "if anybody asks for me tell them I am up to Banks' house."
    Henrietta B. Martin, president of the self-styled "Good Government Congress," her father, C. H. Brown, secretary of the organization, and L. O. VanWegen, indicted with Mrs. Martin on a buggy-whipping charge, also came in during this period.
    Carey testified that about 2:30 o'clock in the morning LaDieu returned to the "News," and after a lapse of 30 minutes LaDieu drove him home in his auto and repeated the conversation, telling of the theft of the ballots and the role he had enacted.
    "I asked him if he did not consider it dangerous business," the witness said.
    LaDieu replied, "No, because everybody who matters is behind it."
    On February 21, the day after the ballot theft, Carey testified he again talked with LaDieu about the vote-stealing, and LaDieu remarked:
    "It was a laugh, Jimmy O'Brien trying to solve the ballot taking."
    Carey further testified that on March 5, at his suggestion, he went to LaDieu's home with state police detectives and Deputy District Attorney Neilson, and asked LaDieu to come to the state police station for an interview on "this ballot business, and talk the whole thing over."
    LaDieu willingly consented, the witness said, and in less than a half hour, as promised, appeared at the state police station.
    The defendant agreed to tell of his own movements on the night of the theft, with the understanding, "I'm not going to implicate anybody else."
    Carey testified that LaDieu declared that he had nothing to do with the ballot thefts, that on the night of the stealing he had taken his wife to a movie and gone to the News office, that about ten o'clock he took his wife and returned to the News, where he received a phone message from L. A. Banks to come to his residence. The statement said he had gone there with McKitrick and Edington, and remained until 2:30 a.m. at Banks' home,
    Carey further said that the state police aides asked LaDieu if Banks was implicated in the vote stealing, and LaDieu replied, "I won't squeal on Mr. Banks," and that when the defendant left he said: "Sink or swim, I will stay by Mr. Banks."
    LaDieu and Carey then went to Valentine's Cafe, on Riverside Avenue, "to get a cup of coffee."
    There the witness said he asked LaDieu "why he had told me he threw the ballots in the river," and he replied, "I was only kidding you," and that "the borrowing of Phil Lowd's car was all fixed up."
    The witness asked the defendant how he knew the ballots were stolen, and LaDieu answered: "A newspaperman knows a lot of things."
    The witness testified suspended Sheriff Schermerhorn was a nightly visitor at the "News," and that Tom L. Brecheen, another defendant, had told him he had called up lawyer Watkins of Portland and engaged him to aid Schermerhorn in the recount.
    Howard Lowd, brother of Phil Lowd, testified that LaDieu's auto was parked in the garage at Phil's home, and that his brother's auto was gone. He said he came home about 12:30 of the night that LaDieu borrowed Lowd's car.
    Captain Lee M. Bown, state police head, testified to finding the ballot tops under the courthouse, and identified ashes and portions of burned ballots as taken from the courthouse furnace the afternoon following the ballot robbery. All were introduced as evidence.
    Captain Bown also identified a bundle of metal pencil tops, commonly used in voting booths, as taken from the ashes of a retort furnace at the Banks newspaper office.
    Carey also testified that on the afternoon before the ballot thefts he had gone to the courthouse with LaDieu, visited the courtroom where the recount hearing was under way, and heard McKitrick tell LaDieu later, in the basement, that "the ballots must be taken to prevent a recount, and it was planned to split the pouches with razor blades, and stop it." LaDieu then entered the county court office, the witness said.
    Mrs. Nora B. McKitrick and R. C. Cummings, state witnesses, were recalled to the stand, for cross-examination by the defense. Questions were asked about the county aid they received, which was small. Cummings testified that when he started his Ford to make a noise, he saw Jones and the two Sextons standing nearby.
Medford Mail Tribune, June 12, 1933, page 1


    Opening arguments in the case of J. Arthur LaDieu, charged with complicity in the theft of ballots from the Jackson County courthouse, were started at two o'clock this afternoon. LaDieu did not take the stand at any time during the trial.
    Deputy Sheriff Peter Culver of Myrtle Point testified for the defense to the poor reputation of Wilbur and Burley Sexton, former Coos County residents, and Mrs. Conner, mother of C. Jean Conner, a defense witness, took the stand to corroborate statements made by her son.
    A recess until 1:30 o'clock this afternoon was taken by the court at 10:30 to allow two defense witnesses--the sheriff and deputy sheriff of Coos County, called as character witnesses against the Sexton brothers, former residents of Coquille, to testify. It was the first delay of the trial.
    Two defense witnesses, Donald Tryor, a "Congressman," during the agitation-fanned days of January and February and Ingfried Holmes, secretary to the county court, were called.
    Before the resumption of the trial, three persons who figured more or less actively in the local turmoil entered pleas of not guilty to minor charges.
    They were Henrietta B. Martin, president of the self-styled "Good Government Congress," her father, C. H. Brown, secretary of the organization, and L. O. VanWegen, indicted with Mrs. Martin for attempted buggy-whipping of Leonard Hall, Jacksonville editor, last February 25. L. E. Fitch, also asserted aide of Mrs. Martin in her lash attack, was not present, but attorney T. J. Enright entered a plea of not guilty for him.
    Donald Tryor, a sufferer from deafness, gave testimony refuting C. Jean Conner, reputed "bright Green Spring Mountain boy," vice-president and "parliamentarian" of the "congress." It was necessary for the court and counsel to speak in a loud voice so Tryor could hear.
    Tryor testified that he did not hear Wesley McKitrick, pal of LaDieu on the ballot disposal trip, propose to Conner and others that "the ballot pouches be slit with razor blades," en route from the courtroom to the clerk's vault, on the afternoon of the court ruling ordering the recount. He testified that he saw LaDieu around the courthouse between two and four o'clock and saw suspended Sheriff Schermerhorn and Mayor Jones of Rogue River talking in front of the sheriff's vault.
    Under cross-examination, Tryor testified, Conner made the ballot-slitting proposition to him and that he rejected it. Tryor testified he refused both offers to participate. Conner in his testimony questioned the wisdom of the court's recount ruling.
    He said the plan, as told by Conner, was to "chase the two who seized the pouches and fall down in the doorway, and trip the other pursuers."
    The witness confirmed the state theory that in the courthouse corridor throng that day there was a determined move afoot to steal the ballots and block the sheriff recount.
    Tryor said that the day before Banks murdered Constable Prescott he was at the city jail and before Conner signed his statement asked him, "Do you know what you are doing?" and "Is it true?" and Conner made no complaint. Conner testified Monday afternoon that the statement was not voluntary, that he signed it to get out of jail, and maintained he was "bamboozled," and that officers had changed the time, and that he had been promised immunity.
    Ingfried Holmes was recalled to the stand to testify regarding the meeting held in the county court the afternoon of the recount proceedings to arrange bonds for L. A. Banks on the criminal syndicalism charge. She testified the bonds were ready for signing when she left for the day, and that it was her understanding that Claude Ward, a kin of Banks, and Walter Jones signed it. She said she phoned Mrs. Banks to make the preliminary arrangements.
    The county court secretary said that the session was held in the county court reception room and that she recalled Fehl, Schermerhorn, Jones, Ward, Amos Walker, Mrs. Fehl and Banks being present. She could not recall Brecheen, but said "he might have been there," nor did she see "Chuck" Davis.
    The state contends that at a continuation of this meeting, plans for the ballot theft were discussed and the conspiracy born, and that Davis, Brecheen, Schermerhorn, Glenn and other defendants were present.
    The defense contends that the meeting was held to consider only the Banks bonds, and no conspiracy was hatched.
    Unexpected speed has been made in the trial of the case, from the selection of the jury to the hearing of the witnesses. It was anticipated difficulty would be experienced in securing a jury, but this was not the case.
    The splendid courtroom discipline of Judge Skipworth, presiding, has been a large factor in this. The crowd has been limited in attendance to the capacity of the courtroom, and there has been little display of feeling, tittering, or unseemly conduct. The gavel of the court falls sharply at the first sign of a breach of courtroom decorum.
    The state presented a strong and conclusive case tracing LaDieu's movements and part in the ballot theft. The state claims LaDieu was a party to the "conspiracy" with Fehl, Schermerhorn, Jones, Glenn and Brecheen. The court has ruled that inferential evidence is pertinent in a conspiracy and competent as evidence.
    Earl H. Fehl, county judge, has been linked to the conspiracy to destroy the ballots and prevent a recount by the Sexton brothers and other state witnesses. It was testified that Fehl was on the first floor of the courthouse just before he went to the auditorium to address the "Congress," and "jokingly" said: "I'd hate to see you boys break into that vault." Other witnesses testified to seeing Fehl outside the courthouse and very active that night.
    Walter Jones, mayor of Rogue River, scheduled to go on trial tomorrow, has been placed by the testimony as a guard at the southwest corner of the court house, that he gave the signal for the starting of the Ford, and arranged for the "cheering" to drown the sound of the clattering glass when the window was broken, that he was "boss" of the crime and was active in the rear of the courthouse all evening, and later advised LaDieu, McKitrick and Edington to burn their vote loot at the home of McKitrick's parents, which they did. It was also testified that Jones furnished pitch "to make the ballots burn better."
    John Glenn, former county jailer, in shown by the testimony to have arranged with and contacted the Sexton brothers, "courthouse boarders," to commit the crime on promise of $10 apiece and a job. "You know the stand-in I have with Fehl," Glenn told the brothers, they testified, and that "the sheriff and county judge are with us, and the investigation won't amount to much."
    Suspended Sheriff Schermerhorn is shown by the testimony to have been within and outside the courthouse during the theft commission, allegedly waving a hand at the first load as it left; that he attended the conference in the county court room; that he asked Glenn if the Sextons "could be trusted," and to have told one of the Sextons the morning following the crime, "keep your mouth shut."
    Brecheen is connected by testimony with making preliminary arrangements for the vote stealing, to have talked with the Sextons, to have urged the theft of "all the ballots; we don't want them to count a one," and to have showed up earlier than usual at the courthouse on the morning after the crime.
    The testimony also revealed L. A. Banks and his wife, Edith Robertine Banks, as alibi-makers for the ballot stealers.
    C. Jean Conner, reputed as one of the "Green Springs Mountain Boys," "Parliamentarian," and vice-president of the self-styled "Good Government Congress," called as the first witness for the defense Monday afternoon in the trial of J. Arthur LaDieu, former Daily News business manager, charged with ballot theft, was at times a reluctant and evasive witness under cross-examination.
    Before Conner was called to the stand, the court denied a defense motion for a directed verdict and dismissal of the state's claim that a conspiracy existed between County Judge Fehl, suspended Sheriff Gordon L. Schermerhorn, Walter Jones, mayor of Rogue River, former County Jailer John Glenn of Ashland, and Tom L. Brecheen of Ashland, a ward politician, to destroy the ballots and prevent the recount.
    In his statement before the court with the jury excused, attorney A. C. Hough contended that LaDieu was guilty only of larceny--"the facts prove that," but a lesser crime than burglary, as charged in the indictments.
    The defense also contended that the state had not made a sufficient showing to establish a conspiracy, but was overruled by the court.
    Conner, when first questioned by the state, refused to admit a portion of his signed statement, holding that LaDieu was at a meeting in the county judge's office at the courthouse on the afternoon of February 20, and claimed "I don't always know my own signature." The court rejoined: "Everybody knows his own signature."
    The witness claimed that he was "bamboozled" by the officers into signing it, and that he had been made promises of immunity if he would enter a plea of guilty, which he did.
    Court recessed while Conner read his signed statement, and then admitted his signature thereon.
    Conner testified that he had visited the courthouse, when the recount was under consideration and was instructed by Wesley McKitrick to "watch the steps when the Sextons bring the ballot pouches back." Conner said he was instructed, "Never mind what for, do as I tell you: Get a bunch of the boys. and be ready."
    "I finally got it out of McKitrick that the pouches were to be seized and we were to get in the road of the people chasing them and fall down and trip them." He declined the proposition.
    Conner then testified that after the court had ordered the recount "I thought the decision was wrong, because the court had misjudged the honesty of some of the witnesses," and he was willing to "take the law into his own hands."
    The witness was unable to name anybody but L. A. Banks "who felt as I did." Banks told him, he testified, "the ballots should never be recounted."
    Conner said he attended the courthouse "Congress," and first saw the Sextons when the meeting was half over, and was "asked by Burley to help steal the ballots" and "throw the recount."
    He asked, "Why pick on me?" and was told, "A little fellow was needed to crawl through the window." He refused to enter the vault alone and the younger Sexton went with him. "He handed the pouches to me, and I put them on the window sill and somebody--I don't know who--took them."
    Conner said he then went to the News office and went back to "get more ballots later," when McKitrick requested him to do so.
    A mild imputation by Conner, against the court, brought a mild rebuke from the court.
    He asserted that attorney Kelly had told him, "I can fix things up with Judge Norton for a suspended sentence."
    Conner admitted he had talked to defense lawyers in LaDieu's trial and in the Banks murder trial and said, "I did not trust Judge Kelly." Kelly [was] named by the court with attorney DeSouza to defend him.
    Conner said he signed his amended statement to get out of jail, and that state police officers had told him:
    "We don't want you boys--we want the leaders--we want to get L. A. Banks."
    Much of Conner's testimony on direct examination was corroborative of the testimony of the Sexton boys.
    Rawles Conley of Sams Valley testified that Burley Sexton told him in the courthouse, four or five days before the ballot stealing, "that the votes will never be counted; if Jennings gets in we will all be out of a job." There was no cross-examination by the state.
    L. O. VanWegen, reputed "Congressman" indicted with Henrietta B. Martin, president of the "Good Government Congress" on a buggy-whipping charge, testified that he brought Banks, Mr. and Mrs. C. H. Brown, and Mrs. Martin to the "Good Government Congress" meeting, and parked his car at the rear of the courthouse. He denied the testimony of the Sextons, that Mayor Jones had called him from the meeting to move his auto so R. C. Cummings could back in his Ford and make noise while the "Congress" cheered to drown the sound of clattering glass in the broken vault window.
    Mrs. C. H. Brown corroborated VanWegen's testimony, and was a talkative witness on cross-examination. VanWegen said there were "no cars" parked nearby; Mrs. Brown said there were "several."
    Amos C. Walker, former Schermerhorn deputy sheriff appointee, and later probation officer named by Fehl, testified that Schermerhorn, Banks, Claude Ward, Glenn, Mrs. Fehl, Brecheen and Jones attended a meeting in Fehl's office to "fix up Banks' bonds on a criminal syndicalism charge."
    Elsie Olsen Brown, county clerk deputy, and Ingfried Holmes testified that they were at the meeting and typed the bonds. Mrs. Brown testified LaDieu was "in and out."
    Walker and the two stenographers left after the bonds were arranged, and Walter Jones was one of the signers. The state contends that in the session that followed the plot to steal the ballots was hatched.
    Mrs. Esther LaDieu, wife of the defendant, testified that she went to a picture show on the night of the ballot stealing, and did not see her accused mate from "10:45 until the next morning."
Medford Mail Tribune, June 13, 1933, page 1


    At 3:30 o'clock this afternoon the jury in the LaDieu case was still out with no indications of an early verdict. Conviction of the charge of burglary not in a dwelling brings a sentence in the state penitentiary of two to five years.
    Selection of a jury for trial of Mayor Jones of Rogue River, which started at the afternoon session of court, was continued with two persons challenged and a third excused because of work.
    Selection of the jury to decide the fate of Walter Jones, the mayor of Rogue River, and second person to go on trial here for burglary not in a dwelling in connection with the Jackson County ballot theft, was under way this afternoon. The first 12 names drawn included five women.
    W. D. Doty, prominent figure as a speaker at one of the meetings of the so-called "Good Government Congress" during its heyday here, was on the list. He was disqualified by Assistant Attorney General Ralph E. Moody on the grounds that he had attended the trial of Arthur LaDieu all week.
    Doty, when the jury was being drawn for the LaDieu trial, is remembered as the man who took a place in the jury box without his name being called. When questioned, he stated that he thought he heard his name and readily responded.
    The jury in the trial of J. Arthur LaDieu, former newspaper business manager, charged with ballot theft, received the final instructions of the court just before noon, and deliberations started after lunch.
    Judge Skipworth of Eugene in clear and concise terms delivered the instructions, starting at 11:25 o'clock and finishing at 11:50 o'clock, following closing argument of Assistant Attorney General Moody for the state.
    The court in its instructions held that presence at the scene when the burglary was committed was not necessary for finding a verdict of guilty, if it is shown that the defendant took part in a continuing act of the crime.
    The instructions held that in a conspiracy, the act and word of another conspirator bind all, and it was the duty of the jury to determine if a conspiracy existed, and if the defendant, LaDieu, was a party to it.
    The court held that it was not necessary for the state to prove every material point of a conspiracy, but by evidence that tended to show it, and that corroboration of every allegation of an accomplice to the crime was not necessary by witness not engaged in the crime.
    The state contended that a conspiracy existed between County Judge Fehl, Gordon L. Schermerhorn, Walter J. Jones, Tom Brecheen and John Glenn to steal the ballots and prevent a recount, and that LaDieu was a party to it.
    The closing argument for the state was made by Assistant Attorney General Ralph E. Moody, and was largely a reply to the final blasts of defense attorney Enright.
    Enright's talk embodied a harangue against the district attorney's office, the state police, and state witnesses, the latter being characterized by him as "jailbirds and ex-convicts." The defense counsel made a reference to the Dahack case, in his argument, also former Sheriff Jennings.
    A personal attack was directed against attorney Moody, which he answered in one sentence:
    "What they say about me I care not--I consider the source."
    Attorney Moody showed by documentary evidence that he had been named by the governor and attorney general to make the prosecution.
    Both defense counsel referred to Moody's opening address "as cowardly and vicious," and "a personal attack on Banks and Fehl," who the defense counsel faintly painted as victims of plots. "Look at Deputy District Attorney Neilson, who has sat here like a wooden Indian, and never let out a peep in this trial."
    Attorney Moody, in his reply, said: "I also ask you to look over your deputy district attorney, and then to look over Mr. Enright."
    Enright charged that "LaDieu was the victim of bought and perjured testimony," "trumped-up evidence," "Banks' voice has been successfully stilled and they want to do the same thing to Fehl, your duly elected, qualified and acting county judge, and Gordon Schermerhorn."
    "If LaDieu is sentenced to the pen, it will be possible for an honest citizen to be put away on framed evidence, and not safe to live in Jackson County," Enright declared.
    "Gordon Schermerhorn had a right to be where he wanted to be," the attorney declared, in explaining his presence, as shown by the evidence, in the vicinity of the courthouse on the night of the crime.
    The defense counsel also flayed the Sexton brothers and District Attorney George A. Codding, and said, "I too would be ashamed to come into court and prosecute a case of trumped-up evidence."
    At one stage of his talk, Enright endeavored to make a noise like a bull and compared it to Moody's brilliant opening address. He bellowed three times in imitation of a bull. He further declared LaDieu was being "framed because of his loyalty to Banks."
    Enright praised Jean Conner, and referred to the defendants "as good citizens."
    He closed with a plea for the jury to "remember the three children of LaDieu," and that "Fehl and Schermerhorn are elected, and they (the state) are trying to upset the will of the people."
    Attorney Moody in reply said, "On the face of returns Fehl and Schermerhorn were elected, but the will of the people, as expressed through the court, to find out, was thwarted by the ballot thefts."
    "When Enright calls the state witnesses 'ex-convicts and jailbirds,' he is as near the truth as he will ever get," attorney Moody declared. He then read the names of 26 witnesses of the state, not in any way connected with the vote stealing, and asked if "they were jailbirds."
    "Defense counsel has attacked the Sexton brothers for telling of their crime. How about the old men who put them up to it? How about the trusted county officials who connived with them?" the state's attorney asked. "The defense does not seem to be satisfied with the state's witnesses," he added.
    Attorney Moody then reviewed the state's evidence, and closed with the words:
    "This county was named after Andrew Jackson--'Old Hickory.' It is the duty of this jury, to act as 'Old Hickory' would have done, when law and order were in the balance, and restore the good name of Jackson County to its rightful place in the eyes of the state of Oregon."
Medford Mail Tribune, June 14, 1933, page 1


    Assistant Attorney General Ralph E. Moody, in his first of two closing arguments to the jury, Thursday afternoon, in the trial of Arthur LaDieu, charged with ballot theft, declared the state has proven the guilt of "the defendant clearly and completely beyond any reasonable doubt," and "established the existence of a conspiracy between County Judge Fehl, suspended Sheriff Gordon Schermerhorn and Walter Jones, mayor of Rogue River, "to destroy the ballots and prevent a recount in the sheriff's contest and, it seems from the evidence, one other office. Who else in this case had any interest in their destruction?"
    Attorney Moody declared: "Conspiracy is hard to prove. It is a secret matter between the conspirators. They don't put it down in writing. You have to go by circumstance. You take a little here and a little there. You put them all together, and you have the story."
    Declaring that Schermerhorn and Fehl "were the chief beneficiaries of the recount failure," they were characterized as "too big cowards to do the job themselves, so they induced boys to do it." They picked the Sexton brothers--and they were not looking for youths from the Y.M.C.A., or the Sunday school class."
    Attorney Moody described the Sextons as "more sinned against than sinners," and then said:
    "The defense has impugned the state's witnesses, but they were all associates of LaDieu the defendant," Moody declared at another point.
    "The evidence in this case strongly tends to show that Fehl and Schermerhorn were afraid of a recount, not alone in the sheriff's office, but in another office. They did not want the votes counted so the people might know."
    "They used the Good Government Congress as a mask for their plots. The G.G.C., it might be called the 'Gathering Good Conspirators.' Many good citizens were misled by the noble pledges behind which the leaders of the organization operated to accomplish their own ends, and using boys to accomplish their foul purposes.
    "LaDieu, the defendant, is no 'kid.' He is a matured man, who entered whole-heartedly into this burglary and conspiracy.
    "The defense told you the meeting in Fehl's office was to arrange bonds for Banks. That was a blind. There are many things the defense did not tell about that meeting. Schermerhorn was there. Instead of arresting Banks he was trying to arrange bonds. Schermerhorn the sheriff, who stood in the background making observations while the ballots were stolen. Schermerhorn the sheriff, who waved a friendly salute to the thieves as they drove away with the loot."
    Referring to the alibi plans of LaDieu, attorney Moody declared, "honest men don't need alibis. They started manufacturing one while the crime was still warm and made two visits to Banks' house to get it right, and so that they would not forget it in court."
    Moody referred to C. Jean Conner, vice-president of the "Good Government Congress" so "that poor, simple-minded Conner, who thinks he is very smart, who had the audacity to sit in the witness chair and tell the court he had made a wrong ruling, and he (Conner) would correct it with his own lawless act." At another stage of the argument, Moody painted Conner as "a party to the crime who glorified in it."
    The defense counsel filed vigorous objections, when attorney Moody referred to the testimony that Banks, Henrietta B. Martin, president of the Good Government Congress, her father and mother, and L. O. VanWegen left the courthouse by the rear door, "but did not see the broken vault window.
    "Why did they wait 35 minutes? as they testified before they left.
    "I am reminded of a recent incident, when four witnesses testified at a trial that they stood within 10 feet of each other, yet none saw the other."
    The court upheld the objection of the defense, as "it is perfectly plain to what incident you are referring." The reference was to the defense testimony in the murder trial of L. A. Banks, at Eugene.
    Attorney H. Von Schmaltz of Burns made the opening address for the defense and characterized the address of Moody as "the most vicious and cowardly I have ever heard, partly a political speech and partly an appeal to your prejudices."
    Von Schmaltz' speech tasted less than 30 minutes, and was devoted chiefly to legal phases of the trial, dealing with corroboration of evidence given by an accomplice.
    Mr. Moody, in closing his argument, spoke in part as follows:
    "The responsibility is soon to be yours, and your duties are not light. The state expects of you to do your duty. Law must be enforced in order that your liberties may be preserved and your property and its interests protected. Without law and order, chaos exists and you have no protection. The citizens of our country and our forefathers have fought very hard for a government and we must maintain that government in order to secure protection of ourselves and of those dependent upon us.
    "I want to say to you, ladies and gentlemen of the jury, there is a great principle involved in this prosecution. There is the principle of the maintenance of popular government. The American people, from our forefathers down, have fought for the right to express themselves by the ballot in selecting the officers that they want to perform official duties, and in this state the people have the initiative and referendum whereby the people themselves may enact laws on their own initiative by votes and by the ballots. They may repeal a law that is passed by the legislative assembly, and that is all done by the ballot. This country believes in the principle that the majority shall rule, and we have maintained one of the best governments in the world. We are looked upon by all the nations of the world as being as near perfect as is possible to make a free government, and the reason that it is as perfect as it is is because the people have kept affairs of THEIR GOVERNMENT IN THEIR CONTROL, AND THEY EXERCISE THAT CONTROL BY THEIR BALLOTS.
    "When Earl H. Fehl, L. A. Banks, Gordon Schermerhorn--these people made up their minds that the will of the people should be thwarted and that they would steal ballots so as to prevent a recount to find out what to majority of the people--of the voters had actually said--THEY STRUCK AT THE VERY FOUNDATION OF OUR GOVERNMENT.
    "If the ballot is not to be kept sacred--if the record of that evidence is not to be preserved--our government cannot exist, and will not long survive. If the people cannot always ascertain what the majority have determined shall be the policy of the government, your government BECOMES NO GOVERNMENT--and you have a Mussolini--you have a dictator, and that is just what I think they would have liked to have here in Jackson County.
    "Why they even educated that poor simple-minded Conner, who thinks he is very smart--he had the audacity to sit up here on the stand and to say that Judge Skipworth was wrong in his ruling in ordering these ballots to be recounted and in order to prevent that thing to be carried out--in other words, in order to prevent the people from being assured that the majority of their determination had been recorded--why he himself said, 'I myself became a party to taking away from his Honor the evidence of the fact as to whether or not the votes had been properly counted.' Who taught him such anarchy? Who were his tutors? They are not good American citizens. They are traitors to their country. Benedict Arnold never did worse.
    "And yet that boy came up here--and undoubtedly he expressed his own view. Now he himself was not interested in the office. He was not a candidate. Who was he the spokesman for? Don't you see what these mature minds, like the defendant you have in this case, are doing? Now are you going to pat them on the back and acquit them? The State of Oregon--every portion of this state--is watching you, and well they have a right to. They want to know if there is any place in the State of Oregon where inroads may be made which are going to affect the stability of this wonderful state----my native state--the state that I am proud of--the state that all of us are proud of.
    "Where is there any evidence offered upon the part of the defense which shows or tends to show that he (the defendant) did not do as the State's witnesses said he did--go around there and help the boys to steal these ballots? Can you, members of this jury, on your conscience say the the fact hasn't been proven beyond a reasonable doubt? There is one person in this world that you have got to satisfy, and that is yourselves. Your consciences are always your companions, and you and yourself, and each of ourselves know better than anyone else what is right and what is wrong, and we always know ourselves what to do.
    "We have to appease our own consciences. Now, you have a duty to perform, and in the words of the immortal Grover Cleveland, 'An office is a trust.' It is not a thing to be used for private purposes. You are in office--I am in office--Judge Skipworth is in office, and we have a duty to perform. My duty in this case is almost over--the Judge's will soon be over, and then the duty is delegated to you so that you can perform your duty, and you have said--and I believe you--that you will a true verdict render in this case, according to the law and the evidence, as defined to you. The state asks you, under this evidence, to render a verdict of 'guilty' as against this defendant. That, it seems to me, is your duty."
Medford Mail Tribune, June 14, 1933, page 8


    The jury in the trial of Walter J. Jones, mayor of Rogue River, and active in the local turmoil and activities of the so-called "Good Government Congress," charged with vote-stealing with a score of other defendants, was completed this afternoon shortly before 2 o'clock, and is as follows:
    John Peterson, Medford; J. H. Unruh, Phoenix; J. C. Lusk, Barneburg Lane; Mazie Bates, Ashland; L. S. Hackler, Talent; H. M. Schilling, Ashland; Mary E. Kleinhammer, Applegate; L. H. Pankey, Ashland; F. W. Combs, Talent; S. A. Peters, Ashland; George W. Goldy, Ashland, and Harley Hall, Jacksonville.
    The two alternates were yet to be chosen. The jurors were dismissed by the court this afternoon, with instructions to go home and return tomorrow morning at 9:30 prepared to hear the case of Jones and to stay until its completion.
    Up to noon both state and defense had exhausted all but one of their peremptory challenges, and the morning session was featured by long examinations of prospective jurors, their connections with, and belief in, the doctrines of L. A. Banks.
    Jim William Neathammer of Wimer disqualified himself. He declared he would take his own views on the law, in preference to those given by the court, and was excused by the court. Up to this time, Neathammer had answered all questions satisfactorily. He admitted he had joined the "congress" and still retained his membership card.
    He knew slightly a few of the defendants, had no opinions, had worked for Jones on county roads, had refused to sign a petition for the recall of Judge Norton, and denied that he had signed any of the numerous petitions circulated for the resignation of county officials.
    Lester Pankey, a truck gardener of the Ashland district, in response to state queries said he had believed "Banks' claim of a breakdown of law and order" and other charges he made, "but he got so strong I could not keep up with his opinions." The challenge of the state was denied. Pankey said he had changed his mind under further questioning, and the state renewed its challenge which was denied.
    J. C. Murphy, who said he lived on "Poverty Ridge" and is employed by the Hillcrest Orchards, said he "hears the ballot cases for lunch daily," and that "it would not be right for me to sit on the jury." He was excused by the court.
    Lem Frink, orchardist of Talent, a tentative juror, was excused by the court upon his representation of pressing orchard work. Both sides agreed to the dismissal.
    Mrs. Mazie Bates of Ashland, another juror, was ten minutes late. She said he "was sorry," and the court accepted the excuse, "I take it you could not help it."
    The courtroom was only partially filled at the morning session.
    W. D. Doty of this city, one of the jurors drawn for the ballot theft trials and appearing as a prospective juror in the case of Walter Jones, mayor of Rogue River, who went on trial Wednesday as one of the accused ballot looters, created a scene in circuit court late yesterday, as he was disqualified.
    The state declared that Doty, despite the warning of the court, had attended the LaDieu trial. Drawn as a juror, Doty declared:
    "You'll never get a better juror, even if George Codding was on trial."
    As he left the juror box and court room, Doty mistook Deputy Sheriff Ed Leach for District Attorney George A. Codding.
    Doty denied that he had attended the trial. Assistant Attorney General Moody informed the court that he had been present. The court ruled that Doty be withdrawn from jury service. He was an occasional "Congress" orator.
    Good progress was made Wednesday in the selection of a jury to try Jones. The first 12 names drawn for service were John Peterson, Medford; Charles Unruh, laborer, Phoenix; J. C. Lusk, farmer, Barneburg Lane; Charles Bergstrom, farmer, Ashland; Lulu B. Franco, housewife, Ashland; Lem G. Frink, orchardist,Talent; Ruth A. Porter, Ashland, bookkeeper; Thomas Henderson, miner, Gold Hill; Josephine Cota, Sams Valley; Anna L. Myer, Ashland, housewife; Mazie Bates, housewife, Ashland and L. S. Heckler, Talent, farmer.
    The first juror excused was Charles Bergstrom, Ashland fruitgrower. He told the court that the pressure of work at home would not permit him to give his undivided attention to jury service.
    Lulu B. Franco of Ashland was excused because of acquaintance with former Sheriff Jennings, and Thomas Henderson was excused because he had known Jones, the defendant, for 25 years. Both expressed the view they might be swayed by this opinion.
    Lusk was excused. He had attended two "conclaves of the Congress" and had views.
    O. W. Train of Wimer, who denied "Congress" meetings had been held at his place, was excused by the state, and James Buckley of Ruch was excused by the defense.
    Mrs. Mary Kleinhammer of Applegate was drawn to fill the place vacated by Mrs. Franco.
    W. H. (Moose) Muirhead of Gold Hill was excused by the court. He is a member of the "Committee of 100."
    Just before the close of court, a special venire of 12 names were ordered drawn to complete the jury. At the close of the day the defense had exhausted three, and the state one of its peremptory challenges.
Medford Mail Tribune, June 15, 1933, page 1


    Examination of bondsmen in the sum of $7500 for J. Arthur LaDieu, convicted yesterday for ballot theft, was continued until 4 p.m. today by Judge Skipworth.
    Prof. C. Engelhardt was accepted as one bondsman, and Mr. and Mrs. Ernest Dahack for $1500. Engelhardt said his place was worth $40,000. He balked at answering queries put to him by Deputy District Attorney Neilson. Assessed valuation of the property is listed at $3800 in the assessor's office.
    Mr. and Mrs. Agnes Pinne were disqualified as bondsmen, not being able to show property above the legal exemption.
    The state seeks LaDieu's commitment to the county jail.
    J. Arthur LaDieu, charged with ballot theft, and designated by the state of Oregon as one of the leading actors in the bungled crime of February 20. which was climaxed by murder, was found guilty by a circuit court jury Wednesday evening after seven hours deliberation. His trial lasted seven court days--two being required for selection of a jury.
    Under Oregon law. the convicted man faces a term of from two to fire years in the state penitentiary. Imposing of sentence by Judge George F. Skipworth is expected to be delayed by the usual formalities on the part of the defense, including request for new trial, appeals to the state supreme court, etc.
    Courthouse reports said that the balloting through the long, hot June afternoon, stood ten to two for conviction almost from the start. It was reported that between eight and twelve ballots were taken.
    J. Frank Wortman of Phoenix was foreman of the jury. At seven o'clock the jury returned to the jury room from dinner. At 7:15 o'clock, it was announced by the bailiffs that the jury had reached a verdict. At eight o'clock, the defendant and counsel for state and defense were in court and the jury filed in, weary from their long efforts.
    The verdict was handed to the court. LaDieu, accompanied by his wife, heard the fateful words without a show of emotion.
    Close to 100 people were present, and there was no sign of a demonstration.
    Following the reading of the jury's decision the state, through Assistant Attorney General Ralph E. Moody, asked that the bonds of LaDieu be strengthened as "the state is not satisfied with the present sureties."
    The sureties are listed as Prof. C. Engelhardt of the Long Mountain district; Mrs. Agnes Pinne of Ashland, and Ed. Schollars of this city, in the sum of $7,500. Moody said, "there was some question about the citizenship of Engelhardt and the other two were uncertain."
    Objections were filed by attorney T. J. Enright for the defense, to the state's contentions, and their request for immediate commitment.
    The court ruled that LaDieu be allowed liberty for the night with the understanding that he be in court this morning, to satisfy the court on the strength of the bonds.
    "The court must be assured that the bonds are gilt-edged," Judge Skipworth said.
    The controversial points in the jury's discussion were said to be over the connection of defendants other than LaDieu with the vote stealing and that the jurors analyzed thoroughly the evidence of the chief witnesses.
    One of the jurors, declared that two of the jurors were "guided more by their sympathies than their convictions."
    The state contended that County Judge Earl H. Fehl, Suspended Sheriff Schermerhorn, John Glenn, former County Jailer, Tom L. Brecheen of Ashland and Walter J. Jones, mayor of Rogue River, conspired to steal the ballots, and prevent a recount of the votes for sheriff.
    The verdict was a signal victory for the state, inasmuch as it gave credence to their conspiracy contentions. The case was bitterly fought.
    The evidence against LaDieu, told by accomplices and corroborated by others, not parties to the crime, was that on the night of February 20, during a meeting of the "Good Government Congress." the theft was committed and the courthouse vault burglarized.
    four ballot containers were taken on the first trip, and six more were taken in Phil Lowd's auto, borrowed and driven by LaDieu. They took the ballots to the home of Jones in Rogue River, burning the ballots at the home of Wesley McKitrick's parents and throwing the empty sacks in Rogue River at the mouth of Galls Creek.
    Evidence was introduced to show that Fehl, Schermerhorn, Jones, Glenn and Brecheen had suggested the crime to the actual perpetrators. The state held that Schermerhorn and Fehl were the chief beneficiaries of the crime."
    LaDieu did not take the stand in his own behalf and the court instructed the jury that this was his privilege and should not weigh against him in their deliberations.
    LaDieu, who has been a resident of this city for about four years, was formerly a business aide of L. A. Banks, convicted slayer. He has a wife and three children.
Medford Mail Tribune, June 15, 1933, page 1


    Trial of Walter J. Jones, mayor of Rogue River, second defendant in the ballot theft cases, begins today.
    Thomas Henderson of this city was excused from jury duty yesterday. Josephine Coda is the only other Gold Hill member of the venire.
    After a trial which was outstanding for the minimum of delay allowed by Presiding Judge Allison Skipworth, Arthur LaDieu, former managing editor of the
Medford Daily News, was convicted last night of "burglary not in a dwelling" for his part in the theft of general election ballots last February. The crime carries a sentence of 2 to 5 years imprisonment.
    The ballots were stolen to prevent a recount asked by former Sheriff Jennings, who was defeated by a narrow margin by Gordon Schermerhorn. It was intimated in the trial that County Judge Fehl, as well as Schermerhorn, did not desire a recount, and helped plan the theft.
    Among the most important witnesses of the trial was Virgil Edington of Gold Hill, who testified that he, with LaDieu and Wesley McKitrick, took six of the stolen ballot pouches to Rogue River and burned the ballots at the home of McKitrick's parents. Then, he stated, they drove to the mouth of Galls Creek, just south of Gold Hill, weighted the empty bags and threw them into the river.
    Edington took the stand as a state's witness, having made a full confession in the weeks following the theft. He was indicted with 22 others, but charges against him were recently dismissed.
    While on the stand Edington involved L. A. Banks, former editor of the Daily News, now under life sentence for the murder of Constable Geo. Prescott when he sought to arrest him on the ballot charge. Edington stated that alibis were framed at the Banks home two days after the theft.
    The state contends that County Judge Fehl, suspended Sheriff Schermerhorn, Walter Jones, jailer Glenn and Thomas Brecheen, Ashland politician, conspired to steal the ballots after the court had granted a recount, and that the other indicted men carried out their plans.
    The story of the theft, as pieced together from the testimony, is as follows:
    During a meeting of the "Good Government Congress" last February, two brothers, Mason and Wilbur Sexton, gained entrance to the ballot vault by breaking an outside window. The brothers had been held in jail on petty charges and jailer Glenn had offered them "$10 and good jobs" if they would aid in the theft.
    Mason Sexton testified that Glenn was the superintendent, Brecheen the assistant superintendent, and Mayor Jones the boss of the stealing.
    Jones gave the signal for smashing the window, after instructing R. C. Cummings, county truck driver, to race the motor of his Model T Ford. Cheering of congress members in the courthouse auditorium also helped drown the noise.
    C. Jean Conner, vice president of the organization, helped remove the ballots from the vault, handing them to others who put them into waiting cars, one of which belonged to LaDieu. LaDieu, according to other testimony, later borrowed Deputy Sheriff Lowd's car to carry the ballots to Rogue River. LaDieu told Lowd that he and some of the boys were going to "stage a party, and maybe do a little ballot stealing." Lowd testified that he considered the latter remark "only idle talk."
    Mason Sexton and Cummings took the other load of ballots in Cummings' car and dumped them into the Rogue River at Bybee bridge.
    He stated that Brecheen left orders to take all the ballots as they didn't want them to count a one, and with the statement that he was going to the News office to get the gang, left but did not return.
    Mason's younger brother Wilbur testified that he was present in the courthouse corridor when Judge Fehl said in a joking manner, "I'd hate to see you boys break into the vault." Fehl then left to attend the congress, and the theft was committed.
Gold Hill News, June 15, 1933, page 1


    Examination of bondsmen in the sum of $7500 for J. Arthur LaDieu, convicted yesterday for ballot theft, was continued until 4 p.m. today by Judge Skipworth.
    Prof. E. Engelhardt was accepted as one bondsman, and Mr. and Mrs. Ernest Dahack for $1500. Engelhardt said his place was worth $40,000. He balked at answering queries put to him by Deputy District Attorney Neilson. Assessed valuation of the property is listed at $3800 in the assessor's office.
    Mr. and Mrs. Agnes Pinne were disqualified as bondsmen, not being able to show property above the legal exemption.
    The state seeks LaDieu's commitment to the county jail.
    J. Arthur LaDieu, charged with ballot theft, and designated by the state of Oregon as one of the leading actors in the bungled crime of February 20, which was climaxed by murder, was found guilty by a circuit court jury Wednesday evening after seven hours deliberation. His trial lasted seven court days--two being required for selection of a jury.
    Under Oregon law, the convicted man faces a term of from two to five years in the state penitentiary. Imposing of sentence by Judge George F. Skipworth is expected to be delayed by the usual formalities on the part of the defense, including request for new trial, appeals to the state supreme court, etc.
    Courthouse reports said that the balloting through the long, hot June afternoon stood ten to two for conviction almost from the start. It was reported that between eight and twelve ballots were taken.
    J. Frank Wortman of Phoenix was foreman of the jury. At seven o'clock the jury returned to the jury room from dinner. At 7:15 o'clock, it was announced by the bailiffs that the jury had reached a verdict. At eight o'clock, the defendant and counsel for state and defense were in court and the jury filed in, weary from their long efforts.
    The verdict was handed to the court. LaDieu, accompanied by his wife, heard the fateful words without a show of emotion.
    Close to 100 people were present, and there was no sign of a demonstration.
    Following the reading of the jury's decision the state, through Assistant Attorney General Ralph E. Moody, asked that the bonds of LaDieu be strengthened, as "the state is not satisfied with the present sureties."
    The sureties are listed as Prof. C. Engelhardt of the Long Mountain district; Mrs. Agnes Pinne of Ashland, and Ed. Schollars of this city, in the sum of $7,500. Moody said, "There was some question about the citizenship of Engelhardt, and the other two were uncertain."
    Objections were filed by attorney T. J. Enright for the defense to the state's contentions and their request for immediate commitment.
    The court ruled that LaDieu be allowed liberty for the night with the understanding that he be in court this morning to satisfy the court on the strength of the bonds.
    "The court must be assured that the bonds are gilt-edged," Judge Skipworth said.
    The controversial points in the jury's discussion were said to be over the connection of defendants other than LaDieu with the vote stealing and that the jurors analyzed thoroughly the evidence of the chief witnesses.
    One of the jurors declared that two of the jurors were "guided more by their sympathies than their convictions."
    The state contended that County Judge Earl H. Fehl, suspended Sheriff Schermerhorn, John Glenn, former county jailer Tom L. Brecheen of Ashland and Walter J. Jones, mayor of Rogue River, conspired to steal the ballots and prevent a recount of the votes for sheriff.
    The verdict was a signal victory for the state, inasmuch as it gave credence to their conspiracy contentions. The case was bitterly fought.
    The evidence against LaDieu, told by accomplices and corroborated by others not parties to the crime, was that on the night of February 20, during a meeting of the "Good Government Congress," the theft was committed and the courthouse vault burglarized.
    Four ballot containers were taken on the first trip, and six more were taken in Phil Lowd's auto, borrowed and driven by LaDieu. They took the ballots to the home of Jones in Rogue River, burning the ballots at the home of Wesley McKitrick's parents and throwing the empty sacks in Rogue River at the mouth of Galls Creek.
    Evidence was introduced to show that Fehl, Schermerhorn, Jones, Glenn and Brecheen had suggested the crime to the actual perpetrators. The state held that "Schermerhorn and Fehl were the chief beneficiaries of the crime."
    LaDieu did not take the stand in his own behalf, and the court instructed the jury that this was his privilege and should not weigh against him in their deliberations.
    LaDieu, who has been a resident of this city for about four years, was formerly a business aide of L. A. Banks, convicted slayer. He has a wife and three children.
Medford Mail Tribune, June 15, 1933, page 1


    The state sprang a surprise this afternoon in its presentation of its case against Walter Jones, mayor of Rogue River, the second of the ballot-burning defendants to go on trial, when Assistant Attorney General Moody declared to the jury that he would present evidence to show that Jones had conferences both with Mrs. Henrietta Martin, president of the Good Government Congress, and Earl H. Fehl, county judge, a short time before the vault of the court house was broken into and the ballot boxes stolen.
    "The evidence will show you," declared Mr. Moody, "that after the meeting of the Good Government Congress held in the court house just before this crime was committed, the defendant, Jones, held a long conference with Mrs. Martin, and following that conferred with Fehl. At the latter meeting Jones said to Fehl, "It's all O.K. now." And the evidence will show the county judge replied, "You keep mum."
    The state also declared evidence against Jones will be supported by many witnesses who had no part in the crime, were not connected in any way with it and the evidence will further show that Jones admitted to others his own participation in the sacking of the court house.
    Attorney Glenn R. Jacks of Oregon City opened the statements for the defense this afternoon in the trial of Walter Jones, mayor of Rogue River, for ballot theft and said that the defense would be an alibi.
    Attorney Jacks said that Jones was in town throughout the day of the ballot theft and that every minute of his time would be accounted for in testimony. That he ate supper at the home of Earl H. Fehl and that he was outside the court house at the request of Henrietta B. Martin, president of the so-called Good Government Congress, who asked him to make a checkup and see that there was no disturbance.
    He informed the court that Jones' family would testify that he arrived home about midnight and that nobody called. That the first news received by Jones of the ballot theft was over the radio the next day.
    Attorney Jacks also stated that he would introduce character witnesses for his client, Jones.
    Walter J. Jones, mayor of the town of Rogue River, one of the rural leaders in the self-styled "Good Government Congress," and who, the state of Oregon contends, was the signalman of the ballot stealing last February, went on trial today in circuit court charged with "burglary not in a dwelling." Jones is the second of the score of defendants to face a judge and jury.
    The first witness will be called to the stand this afternoon, with the completion of the opening statement of the defense.
    The trial is expected to be in the hands of the jury, completed this morning with the selection of two alternates--S. D. Linger, orchard worker of Phoenix, and Elliott P. Brooks, laborer, this city, not later than next Wednesday.
    The state indicated in its opening statement by Assistant Attorney General Ralph E. Moody that much of the evidence would be the same as presented in the LaDieu trial. Attorney Moody in his talk to the jury gave no hint of new evidence, if any, in the state's possession.
    Attorney Moody reviewed what the state intends to show, in a conversational tone, and traced briefly the history of the ballot thefts, from its inception last November, following the counting of the votes. Only passing mention was made of Jones' accomplices.
    Attorney Moody declared that the state would show that Jones was a party to the conspiracy to destroy the ballots to prevent a recount in the sheriff's race, and attended meetings to discuss plans; that he was the "boss" of the crime, instructing the actors and giving the signal for the noise to drown the sound of shattering the vault window glass; that he told Burley Sexton, youth, who broke the vault window, to "do a good job of it" and "make it in one lick"; that he was conspicuous around the rear of the court house, before and during the actual commission of the crime, and that when LaDieu and two other participants came to his home in the early morning hours of February 21 and asked for advice on what to do with six ballot pouches and ballots he advised their burning, and provided pitch for the purpose.
    The state contends that County Judge Fehl, suspended Sheriff Schermerhorn, John Glenn, former county jailer, Tom Brecheen, Ashland politician, and Jones engaged in a conspiracy to destroy the ballots. The jury was cautioned that Jones was the only one on trial now, and that their verdict should not be confused with his asserted co-conspirators, who would receive trials later.
    The state maintained it would prove "conclusively and completely, and beyond a shadow of a doubt, Jones' participation in the ballot thefts."
    Jones is represented by attorney Glenn R. Jacks of Oregon City and T. J. Enright of this city.
    Following the completion of the jury, and inspection of the scene of the crime, attorney Moody filed a motion, asking that the indictment against E. A. Fleming, Jacksonville orchardist, be dismissed so he could appear as a witness for the state. Fleming was at Banks' house when the slaying of Constable Prescott occurred. Earl Bryant and James D. Gaddy of Jacksonville, companions of Fleming when they attended the "congress" on the night of the ballot stealing, have pled guilty, and testified all three destroyed five pouches and their contents. They received them when they were going home from the "congress" in Bryant's auto. The court granted the motion.
    New witnesses for the state to be called, it is expected, will be a number of local residents who stood outside the courthouse auditorium and listened and watched and wondered on the night of the vote stealing.
    The court issued an order excluding all witnesses for both sides, including John Brock, said to be a material witness for the state.
    The courtroom was only comfortably filled this morning, and most of the spectators were women and young boys and girls. John Glenn, one of the defendants, and Arthur LaDieu sat within the court sanctuary. Suspended Sheriff Gordon L. Schermerhorn was not present. Neither was Henrietta B. Martin, president of the so-called "Good Government Congress." Her father, C. H. Brown, secretary of the "congress," and wife occupied seats in the back part of the courtroom. Most of those in attendance were from the city. J. G. Ferrell and J. Frank Wortman, members of the LaDieu jury, were present in court for a short time as bystanders.
    Examination of the alternate jurors required until 10:30 this morning. Charity A. Sanders, housewife, was excused by the defense. She expressed a prejudice against the "congress," but had no opinions as to the guilt or innocence of the defendant, that could not be changed by the evidence.
    S. H. Conner, an electrical engineer, was also excused by the defense. He had heard some discussion of the ballot theft in the Foots Creek district.
    E. E Brown of Central Point was excused by the court when he said he had fixed opinions. Brown lost his garter on the way to the juror chair, and took time out to remove it and put it in his coat pocket.
    S. D. Klinger, orchard worker, and employed by Rosenberg Brothers for 13 years, had no pronounced views, had heard the case discussed and had read some about it. In response to a defense query, he said he would not be influenced by anything his employers said or thought, and that they had never talked to him about it, or any other political matter.
    Elliott P. Brooks, laborer of this city, said under questioning that he paid little attention to the ballot theft, "one way or the other, as it looked like a "fuss"; he said he was busy with other matters while the turmoil was raging. Brooks said he signed a "Good Government card," but withdrew "when I found out about it." Brooks said he had no opinion except that he would like to be discharged as a juror.
    Klinger and Brooks were accepted by both sides.
    The jurors will be kept together during the trial in charge of bailiffs, the court ordered.
Medford Mail Tribune, June 16, 1933, page 1


    Shouting of "extra!" as a prank by boys without papers, merely to see residents stick their heads out the door at all hours of the day and night, is going to get some youngsters into trouble, it was declared today.
    The practice has aroused considerable indignation in the residential sections because of the recent big news "breaks," and anxiety to purchase such extra editions as are issued. Steps are being taken to bring police action against the peace disturbers, if the prank is again perpetrated.
Medford Mail Tribune, June 19, 1933, page 1


    Further testimony linking Walter J. Jones, mayor of Rogue River, and involving County Judge Earl H. Fehl in the ballot thefts of February 20, last, was introduced by the state this morning, in the trial in which Jones is the defendant, in circuit court.
    Charles W. (Chuck) Davis, one of the eight defendants who entered a plea of guilty, testified that on the night of the ballot robbery he saw Jones at the southwest corner of the courthouse with the Sexton brothers and Oliver Martin, also indicted; that he talked with County Judge Fehl and Newton C. Chaney, former district attorney, in front of the courthouse auditorium, about ten o'clock on that night, and that Jones came up and called Fehl to one side, and Jones said:
    "Everything is okay now," and Fehl replied: "You keep mum."
    Davis testified that he was present with the Sextons, Fehl, Brecheen and others on the first floor of the courthouse, when the ballots and the vault were under discussion, and that he went with Fehl to the auditorium door, where Fehl spoke before the "congress." Jones came up as the conversation ended, the witness said.
    "I told Judge Fehl and the Sextons that if they figured on stealing the ballots they would get into plenty of trouble," the witness further said.
    Davis corroborated the testimony of the Sextons relative to the preliminary arrangements for the theft, going to the basement to look for tools and endeavoring to open the vault window with a crowbar, which the witness identified.
    For the first time in the trial the name of Claude Ward, brother-in-law of L. A. Banks, convicted slayer, was brought forth. Davis testified that Ward was on guard duty at the northwest corner of the courthouse, and Ward introduced him to a "man by the name of Stevens." At the time, Davis said, he was leading janitor Joe Daniels away from the  rear of the courthouse, upon suggestion of Jones, and as several state witnesses have testified.
    Davis testified that the "Saturday following the ballot theft, I met Jones in front of the News office, on Main Street, and Jones told me that if the ballots had not been stolen when they were, Tom Brecheen and I figured on going into the vault and getting them."
    Davis declared that about 9:15 o'clock on the night of the vote stealing he met suspended Sheriff Schermerhorn. in front of the Park Grocery. Neither the state or defense counsel pressed the witness as to what conversation took place, if any. Davis said he returned to the courthouse, met Jones, and asked him, "How is everything going along?" and Jones replied: "Fine."
    Davis was able to give the time of the various incidents, and said there was a large crowd outside the courthouse auditorium listening to the "congress" that night.
    Under cross-examination Davis said he had resided here five years, had been employed by former Sheriff Jennings on special work, and was named last January by Fehl to assist in taking an inventory of county machinery. His acquaintance with Jones was casual, and "for about a week." Davis said he had been "key trusty" in the county jail, and was allowed to go home nights, since June 9, because of his wife's health.
    Virgil Edington, a native son of Sams Valley, whose case was dismissed, testified that after he had entered a plea of not guilty, he met Jones and Arthur LaDieu, found guilty of ballot theft last week, on the second floor of the court house, and that it was suggested "they have nothing on us. If the three of us get together and form a line of defense and stick together we can overrule the testimony of Wes McKitrick on his past record."
    Edington testified that Jones and LaDieu proposed that he change attorneys, and he replied he was "satisfied with Kelly and DeSouza, named by the court. They wanted me to get Enright."
    Edington testified that later he again talked to Jones, and the latter said, "Though I'm an old man, I am going down fighting and will never give up. They only want to get Banks and Fehl and the older heads; they don't care anything about you small fry They want the leaders."
    Edington testified under cross-examination that he was "guard for Banks" and took orders from Wes McKitrick, "captain of the guards," and related his previous testimony, under direct questioning, of taking six ballot pouches to Jones' home at Rogue River, and getting pitch "to make the ballots burn better," upon the defendant's suggestion.
    Edington testified that "McKitrick and another man went to the woodshed and got the pitch." Attorney Enright queried the witness at length on why he had not told this in the LaDieu trial.
    E. A. Fleming, Jacksonville orchardist, and one of the key witnesses for the state in the Banks murder trial at Eugene, testified that he and Earl Bryant and James Gaddy, about 11 o'clock on the ballot robbery night, were stopped at the southwest corner of the courthouse by "a man who took a hammer out of his sleeve." He could not identify Jones as the man, but said "he was about my heft." (Jones and Fleming have similar physical characteristics.) Fleming testified, "Two big black men were with Jones." He could not identify them. Other witnesses have testified Jones was on guard with a hammer and a monkey-wrench.
    Fleming said he was told, "We are stealing the ballots," and was asked, "Can't you take some?" He went and got Bryant's consent to haul them in his truck. They took five pouches, Fleming testified, and burned the ballots in Bryant's cook stove, and in the woods near Jacksonville. Fleming said, "We did a good job of it."
    Fleming said with Bryant and Gaddy he had attended the "congress," and afterwards went to the News office, and back to their conveyance near the courthouse.
    Attempts of the state to have Fleming tell of a conversation he had with Fehl about the ballots failed when the defense objections were sustained by the court.
    Mrs. Nora B. McKitrick, and daughter-in-law Mrs. Elsie McKitrick, repeated their testimony at the LaDieu trial, of Wesley, LaDieu and Edington coming to her home at Rogue River about one o'clock and burning the ballots in the stove.
    Rodney Roach, Ed Walker, and Clarence Malcolm, members of the state police, testified to finding the ballot pouches in Rogue River, at Bybee bridge and the mouth of Galls Creek.
    Chief of Police McCredie testified to finding tops of ballot containers in the basement of the courthouse, the day after the crime.
Medford Mail Tribune, June 19, 1933, page 1


    C. Jean Conner, of Pinehurst, vice-president of the self-styled "Good Government Congress" and its "parliamentarian," who admitted entering the courthouse vault to steal ballots and entered a plea of guilty to the charge, was the first witness for the defense, which started this morning, in the trial of Walter J. Jones of Rogue River, on the same charge. Conner admitted he was one of L. A. Banks' "armed guards."
    Attorney Glenn R. Jacks of Oregon City, chief counsel for Jones, informed the court the defense would be completed today.
    The court ordered that steps be taken for the hearing of the ballot theft charge against John Glenn of Ashland, former county jailer, which will be called at the conclusion of the present trial.
    At the opening of court it was announced that J. G. Lusk of Barneburg Lane, farmer, and No. 3 juror, was ill with the flu. The county physician reported a high temperature and pulse. Alternate juror S. D. Klingle, Phoenix, orchard worker employed by Rosenberg Brothers, was drawn to fill Lusk's place.
    The defense in its questioning of its witnesses indicated it would attack the credibility of the state witnesses, and attempt to prove that Jones was outside the courthouse to preserve order among outside spectators, at the instance of Henrietta B. Martin, chairman.
    Conner, in his direct examination testified that "he heard Leonard Hall offer two boys $1.00 apiece if they would throw a gas bomb into the meeting." Conner said they were standing at a window and he overheard the conversation.
    Conner repeated his charge that his two signed statements were not true, and that "the officers were trying to get him to say a lot of baloney." He claimed his second statement was not voluntary.
    Under cross-examination, Conner was able to point out but one portion he considered untrue, and claimed he had been forced to make the statement.
    "You entered the vault voluntarily. No officer forced you to help steal the ballots?" asked attorney Moody. The witness answered in the affirmative.
    Conner reiterated his testimony of the LaDieu trial, that he helped steal the ballots because he did not agree with the court's decision ordering a recount, and the court "did not understand things as well as some of us did."
    The court asked:
    "You did not know you were in contempt of court then?"
    Conner replied: "No, your honor, I did not."
    Under cross-examination Conner did not remember time or faces, and was an evasive witness at times.
    Conner maintained he did not "throw the ballot pouches out," but "put them on the window-sill." He did not see or know who took them away.
    Sheriff H. E. Hess of Coos County was called as a witness to attack the veracity of the Sexton brothers, and was subjected to a grilling by attorney Moody.
    "I didn't have to inquire about the Sextons. I had them in jail enough to know that," was Sheriff Hess' reply to one query.
    "When did Tom Enright tell you to say that, if you got a chance?" asked attorney Moody. The sheriff denied the charge.
    Sheriff Hess denied that he had "spent an evening with Enright," but admitted he had received a letter from suspended Sheriff Schermerhorn inquiring about the Sexton
brothers.
    Sheriff Hess testified that the reputation of the Sexton brothers for truth and veracity was "bad" in Coos County.
    The state indicated in its questioning that it would impeach Conner's testimony, and he was asked:
    "Will you deny that you saw a woman at the southwest corner of the court house, just after you had left the vault, and had removed the six ballot pouches that LaDieu hauled away?"
    Conner thought it "possible," but "I don't remember."
    The final state witness on direct examination was Frank McKitrick, brother of Wesley, and around the rear of the courthouse on the night of the stealing of votes.
    McKitrick testified that he saw suspended Sheriff  Schermerhorn leave by the rear door, about 9:30 o'clock, and that the lights over the back doors were not burning a few minutes later. This is the approximate time the state contends the vault window was broken, and the first ballot theft committed.
    McKitrick also testified he had seen Fehl and Jones together on the south side of the courthouse; that he had seen Jones and the two Sextons talking at the southwest corner, and that he had seen Jones inside the auditorium.
    Burley Sexton was recalled for questioning by the defense relative to time, but the witness said, "I would not attempt to fix the time, definitely."
    Philip B. Lowd, deputy sheriff, testified at the Monday afternoon session of the Jones trial that two or three days after the vote stealing he saw Jones, Glenn and suspended Sheriff Gordon L. Schermerhorn in the sheriff's office, and "a son-in-law of Jones, whose name I do not know," and the son-in-law of the defendant told him:
    "I saw your car in Rogue River early Tuesday morning," and that Arthur LaDieu (convicted of vote stealing last week) was driving, and "Wes McKitrick and another man were in the car."
    Lowd further testified that he repeated the conversation in Jones' presence, and he admitted it, and then Lowd said to Schermerhorn, Glenn and Jones:
    "I don't know what you fellows know about this ballot stealing, if you know anything, but I serve notice that I don't want to be implicated in any way."
    State witnesses have testified that LaDieu and McKitrick borrowed Lowd's sedan on the night of the robbery, drove to Jones' home in Rogue River, with stolen ballots, and McKitrick and Hugg, son-in-law of Jones, cut some pitch to make "the ballots burn better."
    Lowd was subjected to a short cross-examination, the defense stressing the fact that Lowd had not reported his testimony to Schermerhorn, then sheriff.
    Twenty-seven witnesses went to the stand yesterday, and at 3:30 the court recessed until this morning at 9:00 o'clock.
    John Brock, a taxi driver, testified that he attended the "Congress," and about 8:45 o'clock Jones tapped on a window in the rear, from the outside, and asked him to determine if Leonard Hall was outside as a spectator.
    Newton C. Chaney, former district attorney, on the way home from the public library, testified that between 8:45 and 10 o'clock that night, he saw Jones and Fehl on the south side of the courthouse, going to the rear, and that he saw both several times. Chaney also testified that he saw Leonard Hall at one of the windows, listening to the harangues.
    Hall, Jacksonville Miner editor, testified he was an "outside spectator" and that he saw Fehl "leave the building three times to prowl around on the south side." Hall said he saw Jones at the southwest corner, and that he ambled up and down the south side, as if on guard duty.
    Hall testified that he saw Jones talking with L. A. Banks on the platform, and that he also noticed Mrs. Ariel Burton Pomeroy, Amos Walker, and young Mrs. Elsie McKitrick at the same time. Hall testified that he saw Jones "both inside and outside the auditorium during the night."
    Hall testified he saw suspended Sheriff Schermerhorn coming around the southwest corner of the building from the rear, and that Schermerhorn talked to Oliver Martin. a defendant, for a considerable length of time.
    Under cross-examination by the defense, Hall admitted he was indicted for criminal libel upon L. A. Banks, and denied the claim of attorney Enright that he heard Mrs. Martin, chairman of the meeting, tell Jones to do guard duty, because of boisterous conduct outside.
    "Most of the boisterous conduct was inside,." Hall answered.
    Mrs. Geraldine Kring testified that she saw Banks, Mr. and Mrs. C. H. Brown and Mrs. Henrietta B. Martin and a Mrs. Lindsay in the auditorium about 11 o'clock that night.   
    The witness was not allowed by the court to repeat Mrs. Martin's declaration as to why they were remaining so long when the defense objected.
    Elsie Olsen Brown, a clerk in the county clerk's office, testified to Jones being present at a meeting in the county judge's quarters, when bonds were purportedly arranged for L. A. Banks on a criminal libel charge.
    Mark Whipple, a farmer of the Rogue River district, testified on the afternoon before the ballot thefts he talked with Jones, after the recount had been ordered, and bet Jones a cigar that "Schermerhorn will be counted out."
    Jones replied: "No, they won't count Schermerhorn out."
    Whipple said the next morning when he learned the ballots had been stolen he met Jones in a grocery store, and said:
    "You win." He then bought Jones a cigar.
    Donald Tryor testified that on the afternoon before the ballot robbery C. Jean Conner, vice-president of the "Congress," propositioned him twice to steal the ballots, and he refused. Tryor testified that Jones and suspended Sheriff Schermerhorn were standing nearby, on the basement floor of the courthouse.
Medford Mail Tribune, June 20, 1933, page 1


    Walter J. Jones, charged with ballot theft, took the witness stand in his own behalf and entered a general denial of all allegations made against him by state witnesses, picturing him as one of the leaders and plotters of the crime.
    After the morning recess the court ordered the courtroom corridor cleared of all spectators, and the witnesses for both sides to remain in their respective witness rooms.
    "This is going to be an orderly trial, if it is possible to have one--and I think it is," the court commented.
    The past two days there has been a constantly increasing gathering in the courthouse.
    The order was the result of a wordy exchange this morning  between a number of defense witnesses and R. H. Burton, when the latter passed through the defense witness room.
    Jones, in his direct examination, denied that he had met the Sexton boys on the basement floor; that he was around the courthouse the night of the vote stealing, with a hammer and monkey-wrench in his sleeve; that he told "Chuck" Davis, "Tom Brecheen and I figured on getting in the vault and stealing the ballots, if they had not been stolen," or that he had given the signals for "congress" cheering and R. C. Cummings to start his Ford to drown the sound of the breaking vault window.
    Jones denied that he had ever had a conversation in the sheriff's office with Deputy Sheriff Phil Lowd, when he allegedly admitted that he saw Lowd's car at his home the night of the ballot robbery.
    The defendant denied all the state claims, except that he was present around the courthouse on the night of the ballot taking, and that John Brock, a state witness, had tapped on the window and told him, "Leonard Hall has arrived."
    Jones corroborated defense witnesses that he had eaten supper at the home of County Judge Fehl, and then went to the courthouse, arriving about eight o'clock. After the meeting started, he was asked by Henrietta B. Martin, president of the "congress,'' to be so good as to go outside and keep order, it was claimed.
    Jones identified a road work payroll, made out by himself, purporting to show that he was working on the Saturday following the ballot theft, and was not in this city that day, as "Chuck" Davis testified he was.
    Jones declared that he had no special interest in the sheriff's race, and volunteered the information, "I voted for Jennings, as he was the only man I knew." He said he met Schermerhorn after the election, and bet Mark Whipple of Rogue River that "Schermerhorn would not be counted out." He said Whipple paid the bet, and he gave the cigar to R. C. Cummings, "as I never use tobacco in any form."
    Jones testified that he was in this city all day February 20, on county road relief work, spending some time at the courthouse and some at the county machine shops making a truck ready for service. He admitted that he had put in time for this date, and the county court had disallowed it.
    The defendant denied any part in the ballot stealing, and declared he spent the entire evening on the south side of the courthouse, as a "sergeant-at-arms."
    Jones said the only conversation he had with Fehl that night was to pass him and remark, "It's a blamed cool evening."
    Cross-examination of Jones will be completed this afternoon, when the state will call its rebuttal witnesses.
    The case has been prolonged and will not reach the jury much before tomorrow afternoon. It is expected that most of the testimony will be submitted today.
    Cross-examination of Lee Hugg, son-in-law of Jones, was finished this morning by the state. Hugg maintained his positiveness of Tuesday, and in his concluding statement on  the stand averred in response to a query from attorney Moody that it would not have been possible for the Jones dog to bark without him hearing it. Hugg denied any conversation with Deputy Sheriff Phil Lowd, relative to Lowd's car being at Jones' home on the night of the ballot robbery with stolen ballots. He also denied he had helped Wesley McKitrick get the pitch, "to make the ballots burn better." Hugg also entered a sweeping denial to the state's testimony concerning his role.
    Bearing a Bible and a copy of L. A. Banks' paper, printed on green paper, Mrs. Ariel Burton Pomeroy of the Old Stage Road district was called as a witness for the defense.
    Mrs. Pomeroy testified that Wesley McKitrick, one of the "Banks guards" who has entered a plea of guilty to ballot theft, told her on or about February 10, last, in the "News" office:
    "The gang has offered me $2000 to double-cross 'Papa' Banks, but I would die before I would do it."
    Mrs. Pomeroy said she remembered the conversation "vividly."
    Under cross-examination, Mrs. Pomeroy admitted she had signed bonds for many ballot theft defendants, and "that she had been a worker in the congress from the start."
    "You were interested in all the defendants in this case, and in the defense of each," attorney Moody asked the witness.
    Mrs. Pomeroy insisted on answering. "I was interested in justice." Finally under the orders of the court, after three attempts, the witness admitted that she was. The court also sustained the state's objections to a number of Mrs. Pomeroy's volunteer comments.
    R. C. Pinkston testified that he was a Thompson Creek farmer, and testified that he formerly lived in Coquille, Ore., and that the reputation of the Sexton brothers was "bad."
    Pinkston admitted he had lived here three months, and "was migratory," and "a jack of all trades," working as a harvest hand, oil company employee, and lumberman in various sections.
    Mrs. Ella Jones, wife of the defendant, testified that no one called, as state witnesses testified, on the night of the ballot stealing, as "I would have heard them if they had." She declared her daughter, Hugg, her son-in-law, and herself were "light sleepers," but "Mr. Jones is a sound sleeper."
    The wife also testified that the family dog was given to "barking at strangers, and nipping them." The witness said the dog was a "good dog," and when the family returned was accustomed to "joyful barking." She had no distinct recollection of the dog barking, except when they returned home from the "congress" at midnight on the night of the ballot theft. Mrs. Jones was positive that the dog would have barked had LaDieu, Edington, and McKitrick come to the Jones home on the night state witnesses testified they did, with stolen ballots in the rear of Deputy Sheriff Phil Lowd's auto, that LaDieu borrowed.
    Mrs. Jones testified the dog had been poisoned.
    The defense in the trial of Walter J. Jones, mayor of Rogue River, charged with ballot theft, introduced a dozen witnesses at the Tuesday afternoon session tending to show that Jones and County Judge Fehl were at the home of Fehl in this city, eating supper, at the time state witnesses testified they were on the ground floor of the courthouse discussing ballot theft plans with the Sexton brothers, Charles W. (Chuck) Davis, Tom Brecheen, and former county jailer John Glenn.
    Mrs. Electa A. Fehl, Mrs. Lee Hugg, daughter of Jones, and her husband, Jack Enright, a roomer at the Fehl home, and Delbert Fehl, Jr., a nephew of the county judge, testified that they sat down to supper in the Fehl home about 7:30 o'clock on the evening of the ballot theft, and that Jones, Fehl and Jones' son-in-law arrived at the courthouse between 8:00 o'clock and five minutes past that hour; that Jones went to the first floor corridor, and Fehl to his office to get a law book.
    A half dozen state witnesses, including Joe Daniels, janitor, testified that Fehl and Jones were on the courthouse first floor corridor, at the time of the alleged Fehl supper gathering.
    Serving of the supper was delayed. the witnesses said, by Fehl saying "he was going over to Enright's."
    Mrs. Fehl testified that she and Mrs. Hugg arrived at the Fehl home shortly after six o'clock, and that her husband and Jones arrived about 6:45 o'clock.
    Henrietta B. Martin testified that on the night of the ballot robbery she had asked Jones to keep watch outside the courthouse, because "we had heard the rumor that Leonard Hall and a group were going to throw stink bombs."
    Mrs. Martin, as president of the "Good Government Congress," acted as chairman and testified the meeting was late in convening, and the reading of the minutes was dispensed with.
    Mrs. Martin was subjected to a long cross-examination on minor details of the incidents of the evening, particularly on the members of her party on the platform, and the course they took in reaching VanWegen's car, parked in the rear of the courthouse, and their means of getting to and from the meeting. Mrs. Martin said she noticed nothing wrong with the vault window when she passed after the meeting.
    Mr. and Mrs. C. H. Brown, called as witnesses, each corroborated their daughter, Mrs. Martin, as to time and events, and seeing Walter Jones come to the platform with a short talk with Mrs. Martin, early in the meeting.
    Lee Hugg, son-in-law of Jones, who lives at his home, denied that he had seen LaDieu, Virgil Edington or Wesley McKitrick at the Jones home in the early morning after the vote stealing. He also denied that he had told Deputy Sheriff Lowd, "I saw your car at Rogue River yesterday morning," that he had a conversation with Lowd in the sheriff's office, or that he had helped cut pitch kindling with McKitrick.
    Lowd testified that Hugg told him he had seen his car in Rogue River the morning of the crime, and had repeated the conversation with Hugg in his presence, to suspended Sheriff Schermerhorn and Jones in the sheriff's office. Edington and McKitrick testified that with LaDieu they had driven to Jones' home on the night of the vote stealing, and asked him for advice on the disposition of the ballots, and he had advised them to burn them at McKitrick's parents' home, and that Hugg had helped McKitrick cut some pitch "to make the ballots burn better."
    Edwin L. Malkemus, who made the motion to dispense with the reading of the minutes at the "Congress," testified to that effect and that when the session got under way he crawled out the anteroom window to play a joke on some "newspaper reporters" on the outside. He never perpetrated the joke. He said he made the rounds of the courthouse, and saw four of five men near the vault. He could not identify them.
    "You met some around the courthouse, who were not willing to go to the rear of the courthouse with you?" Malkemus was asked. He answered in the affirmative, but a defense objection to further explanation of the event was sustained.
    Frank C. May, keeper of a service station near Rogue River, testified he had sold the R. C. Cummings family some wood on a check signed by George A. Codding for $3.
    Cummings was a state witness, and it was his Ford, along with the "Congress" cheering, that the state holds drowned the sound of clattering glass when the vault window was smashed.
    S. H. Iverson corroborated previous testimony that Jones had passed him on the way home, on the Pacific Highway.
Medford Mail Tribune, June 21, 1933, page 1


    The question of guilt or innocence of Walter J. Jones, mayor of Rogue River, accused of participation in the Jackson County ballot theft, was placed in the hands of the jury at 3:26 this afternoon, following instructions by Judge George F. Skipworth.
    Selection of a jury to try John Glenn of Ashland, former county jailer, charged with ballot theft, was expected to start immediately.
    The state announced that following the Glenn case, it will try Thomas L. Brecheen, Ashland politician, the only one of the ballot theft defendants never admitted to bonds, and follow with the trial of suspended Sheriff Gordon L. Schermerhorn.
    It is now presumed that the final defendant to be tried will be County Judge Earl H. Fehl.
    Final arguments of the state and instructions of the court will be completed this afternoon in the trial of Walter J. Jones, mayor of Rogue River, charged with ballot theft. Assistant Attorney General Ralph E. Moody this afternoon resumed his closing statement.
    Attorneys Tom J. Enright of this city and Glenn R. Jacks of Oregon City made the closing arguments for the defense.
    Attorney Enright in his opening remarks referred to attorney Moody's first statement, as "one of the most cowardly attacks I have ever heard in a courtroom, seeking to make you believe a lot of inferences." Attorney Jacks designated it as "a marvelous address by a distinguished attorney."
    Attorney Jacks confined his able talk to analysis of the evidence, declaring that the state had failed to prove beyond a reasonable doubt the guilt of the defendant, and the evidence had not been corroborated by anyone save accomplices. His address was short and convincing.
    Attorney Enright also declared, "If they can convict Walter Jones upon the evidence they have submitted here, it will not be safe to live in Jackson County. They could even convict President Roosevelt on the same evidence."
    Attorney Moody in the course of his address declared: "There was never a criminal case tried in any court that the counsel for the defendant, did not criticize the lawful forces that brought him to the bar of justice.
    "It is painful to be hearing in every prosecution growing out of the Jackson County situation the defense abuse the state police or the district attorney. The governor ordered that the attorney general clean up the situation--and you all know to what a sad state it had fallen by the acts of this defendant and his associates. Where would we be now but for the state police. They did their duty. They should be commended, not criticized.
    At another point attorney Moody said:
    "The defense claims that the evidence given against Jones by his fellow conspirators does not coincide. The testimony in the greatest conspiracy that ever existed does not conform. There was a conspiracy to crucify our Christ. The record of the four apostles--Mark, Matthew, Luke, and John--are all different, but the conspiracy was completed. Does any sane person doubt for one moment that a conspiracy did not exist to destroy the ballots, and prevent the recount."
    "This was not a spontaneous crime. The boys--the Sextons and Conner--did not do it of their own volition. Older men put them up to it. Men who would profit thereby, men who did not want the ballots counted in the sheriff's contest, and who did not want them counted for another office. They wanted to be able to continue their practices.
    At another point Moody said:
    "I'll tell you why the defense did not call LaDieu. He could testify. His case has been disposed of. He has been seated in the courtroom all the time advising the defense. I presume they did not call LaDieu because LaDieu did not want to add perjury to his crimes, and he is to be complimented for it.
    "Attorney Enright gets up here and tells you that the state is paying for witnesses. The state is also paying for defense witnesses. The defense brought two from Coos County. All the witnesses get the same pay. Jackson County foots the bill."
    Referring to Enright's castigation of state witnesses, attorney Moody said:
    "The state has to take the associates of the defendant in the crime as its witnesses. The state did not ask them to commit burglary not in a dwelling, and thus thwart an order of this court.
    "The defense deals in half-truths, to blind you to the guilt of Jones. They should point to the whole truth or nothing."
    Attorney Enright characterized Moody's first speech as "a patriotic address of government, and says the nation will not survive unless Walter Jones, a good taxpayer, is not convicted."
    "Walter Jones--and you will remember I asked him specifically--declared on the witness stand that all the state witnesses who connected him with the ballot theft were untruthful," declared Assistant Attorney General Ralph E. Moody in his closing address to the jury Wednesday afternoon.
    "The state needs no witnesses to impeach Walter Jones. He impeached himself. I could ask for no better impeaching witness.
    "According to his testimony, no state witness told the truth. It looks like at least one of them might have approached it, when Mr. Jones was concerned. Are you going to believe Jones the only witness who is not a liar.
    "Jones and Glenn and the rest of the co-conspirators were too cowardly to do the job themselves. They wanted the fruits of the crime, but would not take its risks," declared the state prosecutor. "A man the size of Jones could not crawl through the vault window, as the jury can see for themselves. So they went and induced these kids to do it. They didn't want to do it, but they looked at the size of Jones and Martin and others, and thought it best.
    "The Sexton boys were not the best boys in the world. They had been buffeted around a bit. Glenn and Fehl gave them a place to sleep, and something for their stomachs. So when the ballot theft conspirators went looking for aides in their crime did they seek boys from the Sunday schools, and the well-regulated homes. They wouldn't do it, and they knew it. So they went to the Sextons, who have not been blessed with the divine environments such as you have in your own homes. The Sextons were not as fortunately circumstanced as most youths. They were obligated to Jones and Fehl.
    "The ballots meant nothing to the Sexton boys. They couldn't eat them. They couldn't spend them. The Sextons didn't care who was sheriff. It made no difference to them who was county judge. But it did make a difference to Glenn, who held a job under Schermerhorn. It did make a difference to Jones, a Fehl appointee to a county job.
    "You have got to believe the Sextons, for they told you they broke the vault window, and with Jean Conner, another boy, they stole the ballots.
    "Fehl was mighty interested in the ballots. They did not want the ballots counted, for sheriff or any other office. They were afraid the sheriff's recount would reveal other things they did not want the people to know," declared attorney Moody at another point.
    "Jones denies that LaDieu, McKitrick, and Edington came to his house at Rogue River with stolen ballots. Jones' wife denies it. His daughter denies it. His son-in-law denies it. Why didn't the defense call Arthur LaDieu. He has been in the courtroom all the time. He was there. He knows. They didn't call LaDieu because he would have knocked the story of Jones and his kin into a cocked hat," attorney Moody asserted.
    "Jones' defense has been an alibi, and a poor one," Moody said in closing.
    "You as citizens have got to do your duty, and put a stop to things like ballot stealing. It strikes at the very foundation of our government--the rule of the people. It is hard to imagine the malignancy of this crime--its audacity."
    Attorney Moody also said: "No defendant, in any court, in any jurisdiction, ever received a fairer trial than Walter Jones."
Medford Mail Tribune, June 22, 1933, page 1


    The state built up a strong case against Walter J. Jones, mayor of Rogue River, during his trial for ballot theft this week, but in testimony from the stand Wednesday, Jones has made a sweeping denial of any part in the robbery perpetrated last February.
    Jones has been pictured as the boss of the stealing by the Sexton brothers who entered the vaults in the courthouse and took the ballot pouches. They testified that he gave the signal for breaking the vault window after instructing one man to start the engine of his car, to drown the noise, and that he stood around all evening with a hammer up his sleeve, to prevent anyone "on the outside" from disturbing the proceedings.
    He is also alleged to have arranged with Mrs. Henrietta B. Martin that the Good Government Congress, in session in the courthouse auditorium, cheer loudly at a given signal, to help drown the noise made by those entering the vault.
    Further testimony, given by Virgil Edington of Gold Hill, stated that he, Wesley McKitrick and Arthur LaDieu, the latter convicted last week of the ballot theft, took six of the stolen pouches to the Jones home near Rogue River, where Mr. Jones instructed them to take them to the home of McKitrick's parents across the river and burn them. Both McKitrick and Edington said that Jones told them to get some pitch to make the ballots burn better.
    McKitrick and another man--now said to be Jones' son-in-law, Lee Hugg--got the pitch from the Jones woodshed according to these state witnesses.
    Mrs. Jones, her daughter, Mrs. Hugg and Mr. Hugg, have all denied that the men came to their home, stating that they are light sleepers, and that they would surely have heard them if they were there. The parents of McKitrick have admitted that the ballots were burned at their home, and that pitch was used.
    The defense is basing its case on the argument that Jones was outside of the courthouse to prevent threatened disturbance, as word had reached them that Leonard Hall, editor of the Jacksonville Miner, had offered two boys $1 apiece to throw a gas bomb into the Good Government Congress meeting.
    Defense attorneys are also seeking to refute evidence of the Sexton brothers by statements of character witnesses who maintain that the boys' reputation for truth is very bad. They are former residents of Coos County, and Sheriff Hess of that county has testified that they have been in his custody many times.
    The case will probably go to the jury tomorrow.
    The trial of John Glenn, assistant jailer, is the next scheduled in the ballot theft case, for which 22 are indicted.
Gold Hill News, June 22, 1933, page 1


    Walter J. Jones, mayor of Rogue River, held by the state to have been one of the ringleaders of the ballot theft plot, was found guilty by a circuit court jury this morning after 14½ hours' deliberation. The verdict was returned shortly after 7 o'clock.
    According to court house reports, the jury stood 8 to 4 for conviction until just after dawn this morning, when one of the jurors, looking out of the window, noted the closeness of the spot which Jones admitted he was guarding to the ballot vault window, which fact influenced the juror and others opposed to conviction to change their views.
    H. M. Schilling of Ashland was foreman of the jury. The four, according to reliable sources, who voted not guilty were Harley Hall, Jacksonville; J. H. Unruh, Phoenix; S. W. Peters, Ashland. and S. W. Klingle, Phoenix. Klingle, an alternate, went into the jury box when J. G. Lusk became ill.
    Jones received the verdict with outward calm. His wife engaged Mrs. Mary Kleinhammer of Applegate and Mrs. Mazie Bates of Ashland, the two women jurors, in conversation in the court house after the verdict had been returned.
    Arrests are scheduled to be made of two men, about 30 years of age, who last night during the deliberations of the jury threw pebbles into the jury room from the rear of the court house, annoying the jurors. A guard was placed over the rear following the incident.
    Jones rested his defense upon an alibi, claiming that he was outside the court house, acting as a guard, upon the orders of Henrietta B. Martin, president of the so-called "Good Government Congress." Jones made a general denial of all the material allegations of the state witnesses.
    The state introduced witnesses to show that Jones was active in the preliminary plotting; that he attended two meetings where the ballot theft was discussed; that he was the "boss" in charge of the theft; that he gave the signals for smashing of the vault windows, and that he assisted in the loading of the ballot pouches on autos, and that he warned Henrietta B. Martin, L. A. Banks, C. H. Brown and wife, and L. O. VanWegen, who remained in the auditorium, not to come out until the rear of the court house had been cleared of stolen pouches.
    The state contended that County Judge Fehl and the "congress" leaders knew of the ballot theft.
    Jones introduced witness purporting to show that at the time the state held he was in the court house, about 7:30 p.m., discussing the theft with Fehl, Brecheen, Glenn and the Sexton brothers, he was at the home of Fehl eating supper, and that he did not arrive at the court house until 8 o'clock.
    A son-in-law, daughter and Jones' wife testified that LaDieu, McKitrick and Edington did not come to his house at Rogue River with Phil Lowd's auto loaded with ballots, as had been testified.
    Jones, a man of 62 years, is mayor of Rogue River, and last January was named road supervisor by County Judge Fehl. He took part in the January-February turmoil at the court house at the Bursell-Lamkin trial farce, dramatically  presenting a petition calling upon Commissioner Nealon to resign.
Medford Mail Tribune, June 23, 1933, page 1


    John Glenn of Ashland, former county jailer and pensioned veteran of the Spanish-American War, went on trial this morning in circuit court--the third of the defendants indicted for ballot theft to face a jury.
    The first 12 persons drawn for jury examination were: W. F. Harris, Phoenix; H. E. Conger, Jacksonville; Marion Blaylock, Medford; R. E. Robison, Talent; H. H. Gearhart, Ashland; Robert Lytle, Ashland; Leland J. Knox, Medford; Kitty Danford. Ashland; Ethel Kneebone, Ashland; E. R. Jackson, Rogue River; Vivian Barto, Wimer, and Alice Jillson, Ashland.
    Questioning of the jury was conducted for the defense by attorneys Enright and Von Schmalz, and for the state by Assistant Attorney General Moody.
    The chief defense questions were devoted to queries relative to their membership in the "Committee of 100" or the "Committee of 7000"; if they had taken any interest in the sheriff contest last fall, and if they had been influenced by newspaper articles and opinions.
    The state asked the prospective jurors if they were members of the self-styled "Good Government Congress"; if they had attended any of its meetings; if they believed in the doctrines advocated by L. A. Banks, former local agitator and convicted slayer, and their views on "corroboration" of evidence.
    Good progress was made this morning in the selection of a jury, and it is expected to be completed by noon tomorrow at the latest.
    Glenn is the third of the ballot theft defendants to go on trial--the others being J. Arthur LaDieu, former business aide of Banks, and Walter J. Jones of Rogue River, both convicted.
    In the LaDieu and Jones cases the testimony revealed a portion of what the state contends was Glenn's role in the crime.
    The Sexton brothers, who pleaded guilty to the charge, testified that on the evening of the crime Glenn, then county jailer, had propositioned them on the basement floor of the court house about committing the theft, but they demurred on the ground "there is too much law around"; that Glenn later induced them to go to his office in the jail, and there he promised them $10 apiece and "good jobs"; that when they told him they had burned the contents of 18 ballot pouches in the court house furnace and hidden the tops, Glenn replied: "Leave them stay there; they can't recount them," and that he praised them for the thoroughness of their destroying.
    The state contends that Glenn was one of the leaders of the plot.
    Glenn has been a resident of Ashland for four or five years. He was named county jailer last January by suspended Sheriff Gordon L. Schermerhorn at the reported instigation of County Judge Earl Fehl.
Medford Mail Tribune, June 23, 1933, page 1


    A Jackson County jury to decide the fate of John Glenn of Ashland, former county jailer, charged with ballot theft, was finally selected Saturday afternoon, after 69 names had been drawn and examined and all but 12 excused for various reasons. One of those whose names was drawn had been dead for six months, another has been bedfast for four years, another is exceedingly deaf, and many have moved away in the past six months.
    The jury as selected is as follows:
    W. F. Harris, Phoenix, farmer.
    M. E. Blaylock, Medford, electrician.
    Lester Carr, Phoenix, farmer.
    H. H. Gearhart, Ashland, electrician.
    Robert F. Lytle, Ashland, dairyman.
    George B. Holmes, Eagle Point, farmer.
    Mabel M. Stearns, Ashland, housewife.
    Lloyd Anderson, Medford, barber.
    Edwin F. White, Medford, farmer.
    J. F. Duggan, Central Point, farmer.
    Earl W. Cook, Gold Hill, laborer.
    Frank Cameron, Jacksonville, farmer.
    Alternates:
    Mabel Brock, Medford, housewife.
    Homer W. Culbertson, Ashland, student.
    Opening statements will be made Monday morning, after convening of court, and the first state witness is expected to take the stand early Monday afternoon.
    The defense Saturday exercised three of its peremptory challenges, excusing Minnie J. Koyl of Ashland, W. D. Beebe of Ashland, and Henry Conger, of Jacksonville.
    The state used peremptory challenges on W. Myles and Charles Williams.
    Difficulty was experienced in selecting the final alternate, a special venire of nine names being drawn for this purpose before Homer W. Culbertson of Ashland was approved.
    Mrs. Olive Blackford of the Willow Springs district was the last juror examined. Her answers to the preliminary queries were not satisfactory to the defense who excused her after questioning by the court. Mrs. Blackford stated she could give the defendant a fair and impartial trial.
    The court declined the proffer of both sides to proceed with the trial with one alternate, on the grounds that "It is needless to take any chance, and have to do this thing all over again. The court wants to be sure and safe and have two alternates."
    Following re-questioning Saturday by attorney Moody, Eugene Frost, R.F.D. No. 2, Medford, was excused. Frost admitted he had attended the LaDieu trial and part of the Jones trial, and listened to the evidence, but declared he had formed no opinions. The court excused Frost with the comment, "It was not possible to listen to the evidence and not form a conclusion, one way or the other." Frost admitted he had attended two meetings of the "Good Government Congress" in the courthouse last spring.
    Charles Williams of the Wimer district was challenged by the state. Williams admitted he had signed a "congress" card, and the Norton and Codding recall petitions, "but have since changed my mind."
    The jury was sworn in and received instruction from the court Saturday afternoon. They will be kept together during the trial at a local hotel.
    I. D. Canfield, of this city, head of the Veterans of Foreign Wars, of which Glenn is a member, and Rankin Estes, local pool hall operator, who was one of Glenn's bondsmen when he was first arrested, were excused by the court.
    Vivian Barto of Wimer, dance hall matron during the Pipes administration, and bitterly attacked by Fehl in his weekly during her incumbency, was excused by the defense.
    At one stage of the jury selecting, five women were in the jury box, but all were excused or challenged.
    Roy Ashpole, Eagle Point, merchant, and Don Wilson, Central Point, student, were excused because of fixed opinions, as was James O'Brien of the Applegate.
    Glenn is the third ballot theft defendant to go on trial and is defended by attorney H. Von Schmalz of Burns and T. J. Enright of this city. The state is represented by Assistant Attorney General Moody, assisted by Deputy District Attorney Neilson.
    Glenn at the time of the vote stealing was county jailer, appointed to the place at the instigation of County Judge Fehl, evidence at the Schermerhorn ouster proceedings revealed.
    In the trials of LaDieu and Jones, both of whom were convicted, threads of the testimony that will be presented against Glenn were revealed. The Sexton brothers declared that Glenn had "propositioned" them to commit the crime and had promised money and jobs. The state also contends that Glenn was present at conferences held to discuss the crime at which Fehl, Jones, the Sextons and others were present, a few hours before the theft. Glenn was one of the ringleaders, the state maintains.
    Only a fair-sized crowd was in court Saturday to hear the proceedings. The court order to keep the corridors clear of spectators and the witnesses in their rooms is still effective.
    The Glenn trial is expected to be completed by Thursday at the latest, and will be followed by the case of Thomas L. Brecheen, Ashland politician, who at one "congress" boasted in a speech he was "a friend of President Roosevelt of 25 years standing."
Medford Mail Tribune, June 25, 1933, page 1


    The jury drawn and sworn in the trial of John Glenn of Ashland, former county jailer, was discharged this afternoon by Circuit Judge Skipworth. A new panel was drawn upon the orders of the court.
    The court declined to dismiss J. P. Duggan, a juror, against whom affidavits were filed, without discharging the entire jury, and with approval of the state this was done.
    J. E. (Mose) Barkdull, of this city, one of those signing affidavits, was examined by counsel for both sides, and the court. Barkdull engaged in a lively exchange with attorney Von Schmalz for the defense. Barkdull declared that Von Schmalz had "insulted him," and when Barkdull's voice rose, the court threatened him with a contempt charge. After cautioning, Barkdull verified his affidavit by his testimony.
    Barkdull took exception to Von Schmalz' query, "Were you sober at the time of the conversation with Duggan?"
    "Reasonably so," replied the witness, and commented further, "Both you and Enright drink."
    Mrs. Fay Tresham, a neighbor of Duggan's in Sams Valley, also gave testimony in support of her affidavit.
    Duggan remained in the jury box, white his mates were excused, and entered a general denial of the affidavits. He admitted a conversation with Barkdull in the Gates parking lot, but said that it was not as contained in the Barkdull affidavit.
    Duggan testified that Mrs. Tresham "was a good neighbor, and treated my mother fine, and I do not understand how this has gotten into her head."
    The court ruled that "in the present state of the record I will not discharge Duggan unless I discharge the entire panel."
    Attorney Moody for the state agreed to this. Attorney Moody further contended that the state had submitted sufficient evidence to support its claim of Duggan's disqualifications as a juror.
    Following the decision a new jury panel was ordered drawn, and the examination of a new jury will start tomorrow morning.
    The court held that if Duggan was not prejudiced before, he was now, and that no impartial trial could be had.
    The panel of 40 names, drawn this afternoon, with instructions to report tomorrow morning, is as follows:
    Ross Tilley, Siskiyou, laborer.
    W. E. Hammel, Eagle Point, farmer.
    Ed F. Dimmick, Rogue River, farmer.
    Robert Newman, Medford, painter.
    Charles E. Blaess, Trail, merchant.
    R. T. Morrison, Medford, chauffeur.
    Jean McKinney, Gold Hill, laborer.
    John Matney, Ruch, farmer.
    M. E. Olson, Medford, electrician.
    H. T. Disney, Medford, laborer.
    Doris Gerber, Central Point, housewife.
    Clyde R. Richmond, Central Point, farmer.
    Sylvia L. Kellogg, Medford, housewife.
    Agnes Sanderson, Gold Hill, housewife.
    William Lewis, Eagle Point, farmer.
    W. L. Miller, Applegate, farmer.
    Ruth Kincaid, Eagle Point, farmer.
    Hudson Cox, Trail, farmer.
    Charles Lindsay, Ashland, farmer.
    C. M. Kidd, Medford, merchant.
    Victor F. Birdseye, Foots Creek, farmer.
    E. H. Porter, Medford, retired.
    Frank C. Clark, Medford, architect.
    Claude H. Long, Ashland, farmer.
    C. W. Martin, Gold Hill, farmer.
    Newton Lewis, Jacksonville, farmer.
    R. C. Holmes, Medford, real estate.
    R. L. Doty, Medford, lumberman.
    A. I. Brookes, Rogue River, farmer.
    L. W. Ash, Trail, laborer.
    Fred Buerke, Medford, laborer.
    Claude Miles, Butte Falls, merchant.
    Theodore Deter, Colestin, logger.
    Darwin G. Tyree, Ashland, Copco official.
    George R. Hammersley, Gold Hill, merchant.
    Elva Adams, Central Point, housewife.
    Mary Spencer, Ashland, housewife.
    Tom Rainey, Trail, farmer.
    Guy Davis, Medford, laborer.
    K. D. Jones, Butte Falls, mason.
    With the drawing of the above panel, only 13 names are left in the jury box.
    Trial of John Glenn of Ashland, former county jailer charged with ballot theft, was delayed today by claims of the state, supported by affidavits that J. F. Duggan of Sams Valley, a member of the jury sworn in last Saturday, was disqualified to serve by reason of utterances and acts, and had "deceived the court and the state by his oral answers during his examination as a juror."
    The defense was given until 1:30 o'clock this afternoon to make its reply to the state's contentions and file a counter-affidavit, the court was informed, against another member of the jury.
    Final decision will be made by the court this afternoon, when the arguments of defense are finished. Attorneys Enright and Von Schmalz, counsel for Glenn, said they did not know of the affidavits until a half hour before court opened this morning.
    Three affidavits were presented in behalf of the motion for the disqualification of Duggan as juror, and signed respectively by Assistant Attorney General Ralph E. Moody, J. E. (Mose) Barkdull of this city, and Mrs. May Tresham of the Sams Valley district.
    The affidavit of attorney Moody sets forth:
    That Duggan by his answers in the examination of jurors "indicated that he was a fair and impartial juror," and that his answers were made "deceptively, and for the purpose of deceiving the court and the state's attorneys as to his real and true mental attitude"; that the state first learned of Duggan's mental attitude last Saturday, after he had been sworn in as a juror; that Duggan has formed and expressed opinions relative to the case; that he is in sympathy with Glenn and other defendants in the ballot theft prosecution; that "it would thwart the cause of justice, and be inimical to the state to permit Duggan to act"; that Duggan had stated, "it was no crime to steal the ballots," and that Duggan had declared that L. A. Banks did not have a fair and impartial trial for murder, and was unjustly convicted, and that Banks was justified in the slaying of Constable Prescott, and that suspended Sheriff Gordon L. Schermerhorn had offered him the chief deputyship, and that he was now an ardent supporter of Schermerhorn.
    Mrs. Fay Tresham of Sams Valley in her affidavit declares she has known Duggan for 27 years, and has resided near the Duggan family for a large portion of that time; that Duggan is an outspoken supporter of Gordon L. Schermerhorn, and circulated a petition for him in the 1932 primary; that Duggan is a "Good Government Congress" follower, and "has been the foremost agitator of that organization in the Sams Valley district... that it is a matter of common knowledge in this vicinity that Duggan is an agitator against the administration of law under the present officers of Jackson County; that he is, in fact, opposed to all government.
    "That from repeated conversations I have had with him, he is an uncompromising adherent of the members of the 'Good Government Congress' now on trial; that he declared L. A. Banks, convicted of the murder of Constable Prescott, 'did not receive a fair trial, was unjustly convicted, and was justified' in the murder."
    J. B. (Mose) Barkdull of this city deposes in an affidavit, that he has known Duggan for many years; that on or about May 12 last in the Gates parking lot on Central Avenue, in conversation with Duggan, "he offered to bet me that Banks would either be acquitted, or there would be a hung jury," and "stated that Banks was within his rights in shooting Prescott"; that "Gordon L. Schermerhorn had offered him the chief deputyship in the sheriff's office, but he had refused to take it"; that Duggan "is a violent partisan of Schermerhorn, a ballot theft co-defendant; "that the ballots had been stolen by the same ones who stole the whiskey," and "that it was no crime to steal the ballots."
    Attorney Moody, in his arguments in support of the motion seeking the disqualification of Duggan, cited numerous authorities in support of his contentions, and called the attention of the court to the Oregon law upon the point, and that decisions in many states held that the defendant was not placed in "double jeopardy" by reason of the disqualification of a juror.
    The court intimated that two courses were open, the discharge of the present jury and the selection of a new one, or the selection of one of the alternates to sit in Duggan's place.
Medford Mail Tribune, June 26, 1933, page 1


    A plea of former jeopardy, filed this morning by John Glenn of Ashland, former county jailer, charged with ballot theft, was denied by Judge George F. Skipworth, and the selection of a new jury to try him was started.
    Glenn, through his counsel, contended that by reason of the dismissal of the jury Monday, following the state's claims that J. F. Duggan, Sams Valley rancher, had disqualified himself by asserted utterances on the Banks murder trial and the ballot cases, he had thus been placed in "jeopardy" twice, for his liberty, and, that he was technically on trial when the jury was sworn in last Saturday,
    The defense held that the first jury was dismissed over their protests and without their consent, and "that the act amounted to acquittal by reason of a blunder of the state." The state argued it did not know of Duggan's statements until after he had been sworn as a juror.
    In overruling the motion, the court said:
    "The court was within its rights, and very properly, in dismissing the jury, and the action of the court will be upheld if the case ever reaches the higher courts. There has been no double jeopardy."
    The first twelve persons called to the jury box were:
    Newton Lewis, farmer, Watkins; Miss Elva Adams, housewife, Central Point; Gordon Cox, farmer, Trail; Frank C. Clark, architect, Medford; Mrs. Agnes Sanderson, housewife, Beagle; Mrs. Sylvia Kellogg, housewife, Hillcrest orchard district; Marmie E. Olson, electrician, Medford; Roscoe L. Doty, lumberman, Medford; Ed F. Dimmick, farmer, Rogue River; Charles E. Blaess, merchant, Trail; Jess McKinney, laborer, Gold Hill and R. T. Harrison, salesman, Medford.
    Both counsels interrogated prospective jurors at length on their knowledge of fundamental law, what they had heard about the ballot thefts and what newspapers they read, and if they had followed the LaDieu and Jones trials, co-defendants, found guilty by a jury.
    Newton Lewis of Watkins, asked by defense counsel, "Do you believe in government by committees," replied, "The present form of government is all right. I've never found anything wrong with it." Lewis manifested firm convictions, and was excused. Besides his hearing is "none too good," he said. In his place was drawn William Lewis of Eagle Point, a farmer, but no relation.
    Miss Elva Adams of Central Point, a young woman, who spoke in a clear voice and gave ready answers, responded that she "took little interest in politics," had heard the ballots had been stolen, and was a scant reader of the newspapers. She never attended a "Good Government Congress" meeting, and said she would be a fair and impartial juror.
    Gordon Cox of Trail had opinions, he told the court, and was excused. Cox doubted evidence could change his views. A. I. Brookes, Medford, was drawn in his place.
    Frank Clark of Medford said, "I have talked about the ballot case, and expressed radical views against ballot theft. I have read every line I could find about it." Clark was excused. Robert Newman took his place.
    Mrs. Agnes Sanderson of Beagle took no interest in politics, and read but little about the ballot thefts, as "I read the papers for the news." She said she would be fair and impartial and be governed by the law and the evidence. She knew but slightly one of the defendants--Virgil Edington of Gold Hill--who carried the mail to her house.
    Mrs. Sylvia Kellogg of the Hillcrest orchard district replied to queries "I am interested in politics," because her father was a former Clark County, Washington official. She had read articles about the ballot stealing, but formed no opinions. She had never attended the meetings of the "Good Government Congress," and read few of L. A. Banks' writings. Mrs. Kellogg said she has "always taken a normal interest in affairs," but had taken no special interest in the last election, "save as any good citizen, I always vote." She had seen former Sheriff Jennings but once, and that was when he came to get the ballot pouches while Mrs. Kellogg was serving as a member of the election board. She did not know ex-Sheriff Jennings' two sons.
    R. T. Harrison, a salesman for the Fluhrer Bakery, Inc., the last prospective juror examined before the noon recess, developed opinions early in his examination. When the defense submitted a challenge, the court quizzed Harrison.
    "Are you sure you are not trying to get back to selling your bread?" asked the court.
    Harrison replied, "Not necessarily, but I have heard the ballot theft discussed every place I go, and have expressed opinions myself, and have read about it."
    Harrison was excused.
    Direct examination of the jurors is expected to start by mid-afternoon, when the exercise of peremptory challenges will start. The state has three, and the defense six. Good progress, despite thorough quizzing, was the order this morning, and the jury is expected to be completed by tomorrow afternoon. There is a possibility that the trial will be over and in the hands of the jury by Saturday afternoon.
    Forty names were drawn on the present panel, and only thirteen names remain on the jury list. The drawing of a new panel will probably be required to complete the Glenn jury.
    Darwin G. Tyree of Copco was exempted from jury service because he is an attorney.
Medford Mail Tribune, June 27, 1933, page 1


    Six men and six women will decide the fate of John Glenn of Ashland, pensioned veteran of the Spanish-American War, charged with ballot theft, and the third of 22 defendants to go on trial. The jury was completed and accepted by both sides at 10:50 this morning.
    Opening statements by both sides will be made this afternoon, and the first witness for the state called in the morning. Besides the regular panel two alternate jurors were also picked.
    The jury is as follows:
    Claude H. Long, Ashland, rancher.
    Elva Adams, Central Point, housekeeper.
    A. I. Brooks, Kanes Creek, farmer.
    Robert Newman, Applegate, miner.
    Sylvia L. Kellogg, Hillcrest Road, housewife.
    Doris Gerber, Central Point, housewife.
    Clyde R. Richmond, Central Point, miner.
    George B. Hammersley, Gold Hill, miner.
    Mary Spencer, Ashland, housewife.
    Charles E. Blaess, Trail, farmer.
    Sadie L Frink, Beagle, housewife.
    Mary F. Glenn, Valley View, housewife.
    Roan Green, Medford, lumberman.
    Mrs. Fannie Thompson, Medford, housewife.
    The state at this morning's session excused two prospective jurors, who under examination revealed that they entertained suspicions "that law and order had broken down in Jackson County," as often charged by L. A. Banks, former local agitator and convicted slayer.
    Chester Ellis, Butte Falls woodsman, called this morning, was excused by peremptory challenge, after the court had denied two requests from the state. Ellis held he would be a fair and impartial juror. Under questioning he said that he had discussed the case but little and had read few accounts of the ballot theft and the LaDieu and Jones trials, resulting in conviction. Miller was examined Tuesday. He admitted he had signed the Norton recall petitions, and had slightly suspected that "law and order had broken down."
    Harry Hammett, farmer, Medford, R.F.D. No. 2, under quizzing by the state admitted he attended the self-styled "Good Government Congress" conclave, in the courthouse, the night the ballots were stolen. He heard no commotion, and at first could not recall any of the speakers. He finally named Henrietta B. Martin and L. A. Banks as two of the platform orators. The court excused Hammett.
    The final juror accepted was Mrs. Mary E. Glenn of Valleyview, no relation to the defendant. In response to state questions, Mrs. Glenn said: "The law is the law, and I am for law and order." She is a former schoolteacher and a resident here for 20 years, with the exception of five years spent in Alaska.
    Roan Green, former Medford High School football star, now a lumberman, was the first alternate accepted. Green had heard the vote stealing talked, but had formed no opinions.
    Mrs. Fannie Thompson of this city, who said she once served on a jury in Pittsburgh, Pa., was the final alternate chosen. She has resided here two years. "The only people I know are people I meet in church," Mrs. Thompson said. "Then you don't know any lawyers," remarked defense counsel, causing a ripple of laughter to spread over the half-filled courtroom.
    Before Mrs. Thompson was accepted three men were rejected--Peter Fick of Jacksonville, and Fred Taylor of Ashland, because of "fixed opinions." O. L. Payne of Ashland was excused when he declared, "I'm sick of the whole mess."
    The jury was excused at eleven o'clock this morning until two this afternoon, to go home and prepare for a hotel stay during the trial, under the custody of three bailiffs.
    Glenn, a man past middle age, has resided in Ashland the past five years, coming here from Coos County. At the early morning meeting at the home of County Judge Earl H. Fehl last January 2, he was named county jailer by the county judge, with the approval of suspended Sheriff Gordon L. Schermerhorn. The appointment was a surprise and a shock to many.
    In the LaDieu and Jones trials, both resulting in convictions, evidence was adduced by the state to show that Glenn was one of the ringleaders of the crime. He was pictured as the "contact man" to the Sexton brothers; that he "propositioned" them to commit the vote burglary, "or we will all be out in the street," and proffered the Sextons $10 apiece, and a good job--claiming "I have a pull with Judge Fehl."
    The Sexton brothers in their testimony described Glenn as the "assistant superintendent," who praised them for their ballot destruction. The evidence in the two previous ballot cases also linked Glenn as present at "conferences" held in Fehl's office, and in the courthouse corridors, before the ballot-stealing, when the state holds the plot was hatched.
    The defense exercised its first challenge Tuesday afternoon, excusing Mrs. Agnes Sanderson of Beagle. K. E. Jones of Butte Falls was called in her place. Though he tried hard, he was excused by the court, because of deafness. Ross Tilley of Siskiyou was next called.
    Marmie E. Olson of Medford was excused by the defense in its second challenge. George R. Hammersley of Gold Hill, a miner, and nephew of Joe Hammersley, one of the counsel for the defense in the L. A. Banks murder trial, was called in his stead. Hammersley admitted he signed a "Good Government Congress" card, but never attended a meeting. When attorney Moody for the state had finished, he said, aside, "I think you'll make a good juror."
    The state in the exercise of its first challenge excused Roscoe P. Doty, a lumberman of this city. Luke Kincaid, drawn in his place, had opinions, and Clyde R. Richmond of Central Point was then selected. Richmond was an emphatic venireman, answering all questions briskly and briefly. He said he knew "Chuck" Davis, one of the defendants who have entered pleas of guilty.
    The defense in the exercise of its third challenge excused Ross Tilley of Siskiyou.
    At this point in the proceedings, the court announced that the regular panel drawn last January was exhausted, and of the ten jurors drawn by the sheriff, only five were in court.
    Those drawn were:
    June Earhart, Medford; O. D. Payne, Ashland; Fannie Thompson, Medford; E. H. Tucker, Brownsboro; W. J. Edens, Jacksonville; Peter Fick, Jacksonville; Fred A. Taylor, Ashland; Roy W. Hollenbeck, Medford; B. W. Cody, Jacksonville; Allen Adams, Medford, and Mildred Cowgill, Medford.
    Henderson P. Disney, Dr. E. H. Porter and C. M. Kidd, all of Medford, were excused because of fixed opinions, as was Claude Miles of Butte Falls, Victor Birdseye of Foots Creek, and Charles Long of Ashland.
    Charles Blaess of Trail, former merchant, now a farmer, under examination by the state denied that he had taken any part in "congress" activities in the Trail district, or had discussed the local agitation or ballot thefts at the Trail store. Blaess believed he would be a fair and impartial juror.
    Walter H. Miller, for 60 years a resident of the Applegate, under cross-examination by the state admitted that he had signed the Judge Norton recall petitions, and that "he had suspicions" about L. A. Banks oft-repeated charge that "law and order had broken down" in Jackson County, and "might be sympathetic to the attackers of county officials."
    At the close of the day, the defense had three peremptory challenges left, the state two.
Medford Mail Tribune, June 28, 1933, page 1


    Jesse Thomas of Ashland, father of Clark Thomas, former assistant county jailer appointed by the Fehl regime, was serving a jail sentence in the city of Ashland today. Thomas, known here as one of the leading financial supporters of County Judge Earl H. Fehl and L. A. Banks, ex-editor convicted of second degree murder for the slaying of Constable George J. Prescott, was arrested in the Lithia City for drunkenness.
    He was fined $20 and sentenced to 10 days in jail.
Medford Mail Tribune, June 28, 1933, page 3


    O. O. Clancy, held in the county jail since last February on a check forging charge, told the jury in the trial of John Glenn of Ashland, former county jailer charged with ballot theft, that a few days after the vote stealing he had smuggled a letter out of the county jail to his mother in Portland, reciting what he had seen and heard in the county jail on that eventful February 20 evening, with instructions to turn the information over to Governor Julius L. Meier, which she did, with the result that the state police took a statement from Clancy a week later.
    Clancy testified that Glenn, suspended Sheriff Schermerhorn, Charles W. (Chuck) Davis and Thomas L. Brecheen, all co-defendants, held several conferences in the county jail office and corridors between 6 and 10 o'clock that night; that Glenn had received three telephone calls, and that Glenn was extremely nervous and had walked frequently to the windows overlooking the rear of the court house to peer out. Glenn also made several trips from the jail, the witness testified.
    Clancy testified that the next morning Glenn told him the vaults had been burglarized and the ballots stolen, and he asked:
    "Who did it?"
    "Suspicion points to Paul Jennings," Glenn replied. Paul Jennings was a deputy sheriff while his father was sheriff.
    Clancy testified that during the evening suspended Sheriff Schermerhorn thrice entered the jail with his private key, and the last time engaged "Chuck" Davis and Glenn in conversation.
    Brecheen was seated in a chair, leaning up against a cell, with his hat pulled down over his eyes, "as if in deep study," Clancy said. The court sustained the defense objection to the witness' observation that Brecheen "was in a deep study."
    "Glenn said to Brecheen," the witness testified, "Come on, Tom; You are in on this, too!" and Brecheen joined the group.
    The three talked in a low voice, Clancy said, but he overheard Schermerhorn say:
    "What the hell are we waiting for? Let's go get the stuff before too many people get snooping around." Clancy thought "a raid was on."
    Schermerhorn, Brecheen and Davis then left the jail, the witness said. Schermerhorn was nervous, and was assured with the words, "Everything has been arranged."
    Glenn remained behind, nervously pacing the jail reception room, and received two phone calls.
    Earlier in the evening, Clancy declared that Glenn had a conference in his office with the Sexton brothers, corroborating the pair's testimony at the LaDieu and Jones trials on this point.
    Clancy testified he was the jail cook and after supper played solitaire. The frequent conferences and phone calls he regarded as "unusual," and when he heard of the ballot robbery he "thought them significant, and jotted down the names of all who had been present," later to turn over the data to the governor through his mother.
    The witness said about 10 o'clock he asked Glenn to open his cell so he could go to bed, with the remark, "It's way past my bedtime," and Glenn answered:
    "I know it, but I have been very busy this evening." The witness added Glenn acted very nervous
    Three or four days after the vote stealing, Clancy testified. Glenn received a phone call and then said:
    "Those people want their $10. I bawled them out, and asked them "What are you trying to do? Get me pinched?'"
    Clancy also testified that the regular jail aides, janitors and prisoners were at the table on the evening of February 20, with "Tom Brecheen as guest." The chief topic of conversation was the ballot recount. Glenn remarked:
    "Schermerhorn is not getting the breaks in the judge's ruling. I bawled out that Portland lawyer for telling about the pen expert and the magnifying glass, and letting the cat out of the bag."
    The jail supper was finished about 6:30 o'clock and the Schermerhorn-Davis-Brecheen and Glenn conferences started, the witness said, while he and other trusties read and played solitaire.
    Under cross-examination Clancy was queried at great length relative to the time of the various meetings, but no positive time was elicited.
    "The time element is very important," pleaded Von Schmalz, "and I wish you could be definite."
    The witness replied: "I had no watch, and time meant nothing to me in jail."
    Clancy testified that it was common jail talk "that suspicion points to Paul Jennings," "and I heard it often."
    Clancy said he arranged with a prisoner named Randall to "sneak out the letter to his mother through a lady friend of Randall's, by the name of Goss. I didn't trust the state police, the sheriff or the district attorney, so took that means. My mother induced me to make the statement I did."
    The witness denied he had told Randall "get this letter out, and we will both hit the sidewalk, and be free men again," or that he had been prompted by any expectation of clemency from the governor. He knew the delivery had been made when the state police took him to their headquarters, and he was asked to make a statement.
    Clancy testified he did not see Mrs. Glenn in the county jail that evening. The defense indicated yesterday, as part of the Glenn alibi, that the wife had come to the jail at 7 o'clock and left about 7:45 p.m. with friends to attend a meeting of foreign war veterans. During this period, the state holds, Glenn was busy conferring with Schermerhorn, "Chuck" Davis and Brecheen and the Sexton brothers on vote-theft details.
    Clancy also revealed on cross-examination that after the theft became known "I understood better." He said one jail code in those days was to "keep out where you could be seen."
    The state indicated it would call Mrs. Daniels, matron, her son Joe, janitor Bell and several others to corroborate Clancy's story of conferences and intrigue.
    Burley Sexton was next called to the stand to tell for the third time how, he avers, Glenn induced him and his brother, Wilbur, to assist in the ballot robbery with the promise, "I will pay you $10 out of my own pocket. The sheriff will pay you well, and you know how I stand with Fehl."
    On the first invitation, Sexton said he demurred, and Glenn replied: "You have nothing to be afraid about. The sheriff and the judge are back of you." The talk occurred in the county jail office, behind a closed door, and the three then went to the basement to look for tools. Burley admitted breaking the vault window while the "Congress" applauded and a Ford rattled.
    Glenn declared Sexton again testified: "We've got to get those ballots, or we will all be out of jobs."
    Sexton repeated the basement floor conversation with Glenn, Fehl, Jones, Davis and others present, in which Fehl said:
    "We've got to keep that old bunch out! I'll show ------ ------ ------ something before I get through with them."
    The state contends the plot began to take form after this confab.
Medford Mail Tribune, June 29, 1933, page 1


    John Glenn of Ashland, former county jailer, on trial for ballot theft in circuit court, will offer an alibi in defense and take the stand in his own behalf, his counsel, attorney H. Von Schmalz of Burns, Ore., indicated Wednesday afternoon in his opening statement to the jury.
    The 57-year-old defendant, a pensioned veteran of the Spanish-American War, will attempt to show by witnesses that at the time when the state contends he was conniving with co-defendants and propositioning the Sexton brothers to commit the vote burglary, Glenn was with friends and his wife in the county jail, later with County Judge Earl Fehl, also under indictment, and that about 10 o'clock he retired to learn for the first time the next morning that the county vault had been looted of ballots, due for recounting.
    Attorney Von Schmalz said that about 7 o'clock on the evening of February 20 Glenn's wife and a "Mr. and Mrs. Pearson of Ashland" came to the county jail to see Glenn and left about 7:45 o'clock. That about 8:45 o'clock Glenn went to the basement floor and seeing Burley Sexton, one of the chief witnesses for the state, said:
    "Burley, it's cold in the jail. Go down and fire up the furnace."
    Wilbur Sexton then joined his brother, and when Burley demurred to "firing the furnace," Glenn told him:
    "If you don't fire the furnace you don't get any breakfast."
    The state contends that at this meeting Glenn talked with the Sextons on the interior basement steps and later took them to the county jail office, where he proffered them "$10 apiece and a good job" to get rid of the ballots, "or we will all be out in the street."
    The defense counsel said he would show that about 9 o'clock Glenn met Amos W. Walker, former deputy sheriff and county court probation officer, near the auditorium door, and Walker said:
    "If you want to see Fehl, he's in his office now."
    Glenn then went to Fehl's office and talked with him until 10 o'clock about a loan Glenn was thinking of making Fehl to permit him to purchase newspaper equipment.
    After leaving Fehl's office, Glenn contended he met assistant jailer Glenn Thomas and the two went to the county jail and retired, and about 10:45 o'clock janitor Joe Daniels came to Glenn's quarters and reported "All is quiet," and the accused went to sleep and did not learn of the ballot robbery until the next morning.
    Assistant Attorney General Moody, in his opening statement, said:
    "The state will show that on the night of the ballot robbery John Glenn was so nervous that he kept going to the jail windows to see what was going on and that he was so perturbed that he forgot to lock up the prisoners in their cells until far past the regular hour."
    Attorney Moody also declared the state will show that Glenn participated in the conferences when the destruction of the ballots was discussed; that he enacted a leading role, and reviewed his part not only as told from the witness stand in the LaDieu and Jones cases, but hinted at new evidence.
    "The state will not only prove every claim it has made--but more. The state will prove that every man indicted--and maybe more--is guilty, not only beyond a reasonable doubt but beyond all doubt.
    "We will show by witnesses who stood outside the court house that night that Fehl was walking back and forth on the side of the auditorium--something unusual for him do--and that he was highly perturbed.
    "When Fehl was thus displaying his nervousness, a bystander said:
    "'Won't they let Fehl in?'
    "And Fehl came back and asked:
    "'Who said that?'
    "Gordon Schermerhorn, then sheriff, was also nervous. He was flitting around, and in and out of the jail, with a private key."
    Attorney Moody said that the state would prove a conspiracy to destroy the ballots to prevent a recount, and that L. A. Banks and his wife were scheduled as the "alibi makers."
    The first witnesses for the state were called yesterday afternoon. They were County Clerk George R. Carter and Deputy Clerks Nydah Neil and Helen Dugan. They testified, as in former trials, to the existence of the court house and vault, and to the stolen ballots and preliminary details of the case.
    The court overruled a defense plea for reintroduction of their plea of former jeopardy.
Medford Mail Tribune, June 29, 1933, page 1


    The state in the trial of John Glenn, ex-jailer, charged with complicity in the Jackson County ballot theft, rested its case unexpectedly at 2:30 o'clock this afternoon. The defense, which appeared taken by surprise, was expected to proceed following a recess.
    Mrs. Edith Sexton, mother of the Sexton boys, who claim the defendant hired them to remove the ballots from the vault, was the last witness called. She related a conversation with John Glenn during which she allegedly informed him that if her boys were mixed up in the ballot theft there were "some older heads to blame." She quoted him as asking her if she thought the boys would "squawk." She said she told him she didn't know, and that he called her into his office to talk the matter over.
    Defense Counsel T. J. Enright in cross-questioning the witness asked her if she had not told Louise Yocum and a Mrs. Tatum at a dance at Dreamland that she was drunk and had drunk two pints of liquor before coming to the party. Also if she had not informed the two women that the district attorney's office furnished her all the money she wanted for liquor.
    Assistant Attorney General Ralph E. Moody objected to the question and asked that defense counsel be reprimanded by the court. Judge Skipworth objected to the question as unfair to the witness.
    John Glenn of Ashland, former county jailer on trial for ballot theft, according to Joe H. Daniels, former courthouse janitor, "two or three days, or a week" before the vote stealing bet Daniels and his mother, a jail matron, during a discussion of the Schermerhorn-Jennings recount proceedings, "that Schermerhorn would lose" in the recount. The Daniels wagered that Schermerhorn would win, the wager being for theater tickets.
    Glenn was named county jailer at the early morning gathering in the home of County Judge Fehl on January 2 last, at the instigation of Fehl, testimony in the Schermerhorn ouster proceedings showed.
    The witness did not state whether the bet had ever been paid.
    Much of the testimony of Daniels, whom the court told "take your hand down from your mouth, and talk louder," was corroborative of the Sexton brothers, who gave damaging testimony against the middle-aged Spanish-American War veteran yesterday.
    Daniels testified that he had seen Glenn three times on the night of the vault looting. Once on the steps nearby talking to Burley Sexton, between eight and half-past eight; once in the basement hall, and about 10:30 o'clock in the county jail. Daniels at 10:30 o'clock reported to Glenn that the "congress" was not over. Daniels said Glenn had asked him to make this report.
    The witness also testified that about "dinner time" the day following the ballot thefts, "Newt Chaney and a man by the name of Woods" talked to Glenn in the county jail, and that later, suspended Sheriff Schermerhorn and Glenn talked in the jail office and left before dinner was served.
    Daniels testified that he helped carry the ballot pouches to and from the court room, the day of the recount hearing and that the next morning he went to the ballot vault with Charles Fischer, a locksmith, and Elton Watkins of Portland, Schermerhorn's attorney in the recount hearing. While waiting for the county clerk to open the vault, Daniels testified that Watkins suggested they all "go out and look the building over, and wound up at the vault," where they found the broken window. Watkins and Daniels noted the breakage about the same time, the witness said. Attorney Frank DeSouza was also a member of the exploring party.
    Under cross-examination by the defense Daniels said that Burley Sexton and Glenn were not friendly, and "there was bad blood" between them.
    Daniels testified he was "in and out of the congress" all night, and testified he saw Fehl standing in front of the courthouse. He also testified that he saw the Sextons, Brecheen, Fehl, Jones and "Chuck" Davis talking near the old record vault, as the Sextons testified they were. Glenn appeared later.
    E. A. Fleming of Jacksonville, who said he was a "congressman," and whose case was dismissed, testified that he saw Burley Sexton with his pants leg torn. Sexton testified yesterday he tore the garment on Arthur LaDieu's auto, while loading stolen ballot pouches.
    Fleming said he attended the "congress" with Earl Bryant and James D. Gaddy, and after the meeting he went to the "News." When the three came back to the courthouse they were stopped by "three large men, and a small man" and one "backed Bryant up against the wall with a hammer. Fleming said a man he could not identify asked him if he could take some of the ballots, and they took and destroyed the contents of five pouches in Bryant's stove, and in the woods near Jacksonville. Fleming's recollection of faces and names was poor.
    Wesley McKitrick, "captain of the guards" at L. A. Banks' newspaper, testified that with Arthur LaDieu and Virgil Edington he had helped destroy six pouches of ballots at his parents' home, on the night of February 20, and was substantiated by his mother and sister-in-law, who were in the house at the home.
    McKitrick said the "Banks guards" were C. Jean Conner, Abner Cox, Al Stone, John Brock, "a man by the name of Penny" and Donald Tryor. They were armed, but with no permits for guns.
    McKitrick under cross-examination testified he had only assisted the sheriff in locating three state witnesses yesterday living at a mine, "because it would be hard for anybody else to find the place." The defense had asked if McKitrick was not a deputy sheriff. McKitrick admitted he had been convicted of a felony. The state brought out, however, that he had been pardoned.
    Virgil Edington corroborated the testimony of McKitrick relative to destroying ballots with Arthur LaDieu, and the midnight visit to the home of Walter J. Jones, mayor of Rogue River, convicted last week of ballot theft.
    Under cross-examination, Edington said that he assisted the district attorney's office recently, and had spent an afternoon with L. A. Banks in his cell, while awaiting trial for murder.
    Goaded by heckling queries of attorney Enright, as to his motives, Edington replied:
    "I did it because I felt it was a duty that I owed, to gain all the information I could, and help all I could, in clearing up the situation."
Medford Mail Tribune, June 30, 1933, page 1


    John Glenn of Ashland, former county jailer on trial for ballot theft, promised them each $10 if they would assist "in getting rid of the ballots," the Sexton brothers testified Tuesday afternoon, but Glenn was poor pay. For Burley Mason Sexton, 20, received only $1 and Wilbur, 17, received only 80 cents, the brothers said.
    Burley Sexton further testified that while in the city jail he phoned Glenn at the county jail, asking for his promised money, "as I needed shoes and a lawyer." The defendant made no definite reply, and Sexton admitted he told him: "I've got you in a tight spot."
    Wilbur testified he asked Glenn for the money, and the ex-jailer said "he couldn't pay it till the first." He then received 50¢ for tobacco.
    The two brothers, who testified to the same set of facts in the LaDieu and Jones trials, remained unshaken under cross-examination. They linked Brecheen, suspended Sheriff Schermerhorn and Oliver Martin, co-defendants, anew and brought in the names of Robert Bell, janitor, and Clark Thomas of Ashland, former assistant jailer.
    Burley Sexton testified that on the night of the ballot robbery, he saw suspended Sheriff Schermerhorn, assistant jailer Thomas and Glenn talking in janitor Bell's office, on the third floor of the courthouse. Sexton was standing in the rear yard.
    "Later Glenn told us not to tell Clark Thomas about it, because Thomas thought Glenn did it all," Burley Sexton testified. "I guess he wanted all the credit."
    Wilbur Sexton testified that he went into janitor Robert Bell's office and Glenn said to him: "Keep still! Bob don't know anything."
    The Sexton brothers both testified that at a gathering in the county jail on February 22 last, two days after the vote-stealing, with Schermerhorn, Glenn, Brecheen, janitor Joe Daniels, and assistant jailer Clark Thomas present, the conversation turned to the ballot robbery, and Glenn said:
    "It is a hell of a way to build a vault, with an iron door in front, and a glass window in the back." Those present laughed at the wisecrack. Glenn also joked about the Mail Tribune account of the robbery.
    At another point, Wilbur Sexton said Glenn asked Schermerhorn:
    "How come the state police are investigating," and Joe Daniels answered: "It's some of George Carter's (county clerk) work."
    Glenn told the brothers "to swear in court that he gave them the $10 to pay for house rent," and advised them "to sit tight and keep still, and they won't find anything out."
    The Sextons testified they had heard courthouse rumors the ballots would be destroyed, but thought it "was just talk," until Glenn presented his proposition.
    "Glenn hid out during the robbery," Burley testified. "He said if anybody wanted him, he would be in the jail or at the 'Congress,' and said he was going to keep out of sight."
    Under cross-examination the defense desired to know why this evidence had not been given at the LaDieu and Jones trials. The court interrupted to say it was because a defense objection to its introduction had been sustained.
    When attorney Von Schmalz and Moody engaged in an exchange, the court said: "Counsel will stop quarreling."'
    The Sextons testified that Glenn told them "to go see Brecheen and he will tell you boys what to do."
    They also testified that Brecheen ate supper and breakfast at the jail table on the day of the robbery.
    R. C. Cummings of Rogue River, one of the defendants who pleaded guilty, told how he had started his Ford to make a noise while the "Congress" cheered to drown the sound of falling vault window glass, and with the Sextons threw the first four stolen ballot pouches in Rogue River from Bybee bridge.
    Cummings also testified that he saw Brecheen standing on guard outside the "Congress," and approaching him, said:
    "Tom, why are you not inside making a speech?" and Brecheen replied, "I can do more good out here tonight."
    Cummings, on cross-examination, said he had not told this at the previous trials, "because nobody asked me."
    Wilbur Sexton testified that, during the night, he saw Oliver (Big) Martin, also indicted, standing with a monkey-wrench in his hand at the southwest corner of the courthouse.
    State Policemen Ed Walker, Clarence Malcolm and Rodney Roach identified ballot pouches they found in Rogue River at Bybee bridge and the mouth of Gall Creek, ten days after the robbery.
Medford Mail Tribune, June 30, 1933, page 5


    Testimony in the trial of John Glenn of Ashland. former county jailer charged with ballot theft, was completed Saturday afternoon. The closing arguments will be started Monday morning, and the case will be in the hands of the jury of six men and six women Monday afternoon.
    Glenn was the principal witness in his own behalf Saturday. He characterized the testimony of Burley Sexton, 20, and O. O. Clancy, two of the state's principal witnesses against him, as "deliberate lies." Under cross-examination, the middle-aged defendant testified that between 7 and 7:45 o'clock on the night of the ballot robbery, he was with his wife and two friends in the county jail office and between 9 and 10 o'clock the same night he was with County Judge Fehl in his office in the court house, discussing ways and means to secure money to provide a press for Fehl's newspaper and "arrange a deal with Niedermeyer."
    The state witnesses testified that between 7 and 7:45 o'clock Glenn was conferring with Fehl, Jones, the Sextons, Brecheen and Chuck Davis near the sheriff's vault on the basement floor relative to plans to steal the ballots, and later promising the Sextons money and jobs for their role in the crime.
    During the time that Glenn testified he was with Fehl alone in his office, the state contends he was holding conferences in the county jail with Schermerhorn, Brecheen and Davis at various times, and during the same period he brought the Sextons to the jail office and told them, they testified, "that the ballots must be gotten rid of, or we will all be out."
    Glenn testified that he went to bed at 10 o'clock, was awakened at 10:45 by Joe Daniels, and thereafter did not arise again until 6 o'clock the next morning, and did not hear of the ballot robbery until after 8 o'clock.
    The Sextons testified that they awoke Glenn at 2:30 a.m. and told him the ballot robbery had been finished and Glenn praised them and told them he would pay the promised $10 in the morning.
    Under cross-examination Glenn denied that Thomas L. Brecheen had eaten breakfast at the county jail and had spent the day following the vote stealing sleeping in the hospital ward of the county jail.
    Catherine Daniels, jail matron, called in rebuttal by the state, testified that Brecheen had eaten breakfast at the jail, at the same table with Glenn, and that Brecheen spent February 21, the day following the ballot thefts, in the hospital ward.
    Mrs. Daniels also testified that she saw Mrs. Glenn come to the jail door on the evening of February 20, and she was alone. Mrs. Glenn testified that a "Mrs. and Mr. Petersen of Ashland, now living in Spokane, were with her" at the jail. The matron did not know whether or not Mrs. Glenn entered the jail.
    The matron also swore that on the evening of February 20, about 7:45 o'clock, on the first floor of the court house, near the record vault, she saw Fehl, Brecheen, Burley Sexton and Jones talking. Witnesses for the defense tended to show that Fehl did not arrive at the court house until 8 o'clock. The Sexton brothers and Davis testified that at this confab the theft plot was hatched.
    Mrs. Daniels was positive that Brecheen had eaten and slept in the county jail on February 21, the day following the robbery.
    Glenn, recalled to the stand, testified that "Brecheen might have been there but I have no recollection of seeing him."
    Under direct cross-examination Glenn admitted that he had talked to Burley Sexton on the basement steps "about 8:30," and that he was "bawling him out for not having heat in the jail." Sexton testified that Glenn took him there to discuss plans for the ballot theft.
    Glenn testified that few people were in the corridor and recalled seeing nobody but Joe Daniels and Wilbur Sexton.
    "If there was nobody around, why did you take Burley Sexton up the steps to bawl him out?"
    "1 didn't want anybody to hear me," replied Glenn.
    "Then, as you testified, nobody was around, why was it necessary to be secret about it?" asked attorney Moody.
    The witness repeated he did not want anybody "to hear the bawl-out."
    Jailer Fred W. Kelly testified relative to acoustics and lighting in the jail in contradiction to Glenn, and Myles Randall, a defense witness. Randall testified he did not hear the jail bell "from 11 p.m. to 6 a.m." Randall was held in the felony tank for drunken driving and spent a sleepless night. The Sextons testified that they rang the bell at 2:30 a.m. to inform Glenn that the ballot theft had been completed.
    Kelly testified he had made tests of the jail bell, and that if the doors to the "bullpen," where Randall was held, were closed, the bell could not be heard. Kelly also said that if the light was burning in the jail office, its reflection could be plainly seen in the jail lobby, as the Sexton brothers testified. He said from the main door entrance window, it was possible to see a corner opposite the jail office.
    Randall declared on the stand, under cross-examination, that he had falsified a portion of his statement to the district attorney, wherein he affirmed that O. O. Clancy, an inmate, and surprise witness for the state, had told him Schermerhorn, Brecheen, Glenn and the Sexton brothers "did a lot of talking up here last night." Randall declared this was fabricated to "get out of jail."
    "The rest of the statement was about L. A. Banks kidnapping the district attorney and was true," said Randall, but the court would not let him elucidate on the information.
    Randall was a cohort of O. H. Goss, head of the "Unemployed Council" here last winter. Goss was recently arrested at Salem for agitating At the time, it was printed and reported that Banks had a scheme to kidnap three local residents for ransom.
    Captain Carl Y. Tengwald, 188th infantry, Co. A., O.N.G., and Sergeant Charles Reed testified that the reputation of the Sexton brothers for truth and peaceableness was "good."
    Mrs. Florence Staten, this city, and Louise Yocum of the Orchard Home district testified they had attended a Saturday night dance in April, and Mrs. Edith Sexton, mother of the two boys, told them "the district attorney will give me all the money I want for whiskey."
    Attorney Enright's wording of the question was objected to by the state, and the court ordered the striking of the phrase, "that old Codding." The court kept the defense query within the legal limitations.
    Mrs. Ariel Burton Pomeroy, with Bible and copy of Banks' newspaper, covered with a white scarf, was called as a witness to testify that Wesley McKitrick's reputation for truth and veracity was "bad." Mrs. Pomeroy's amplification on the questions were stricken by the court, the law requiring the answer to be "yes" or "no," "good" or "bad."
    Mrs. Pomeroy also testified that McKitrick had told her in the News office that "I have been offered $2000 by that bunch to double-cross 'Papa' Banks, but I would die first."
    The state excused Mrs. Pomeroy without a question.
    Sheriff H. E. Hess of Coos County, Peter Culver, marshal of Myrtle Point and N. W. Pinkston of the Applegate testified that the reputation of the Sexton brothers was "bad."
    James Watson, former county judge of Coos County, and his brother, Robert Watson, for 25 years connected with the Coos County clerk's office, testified that Glenn's reputation was "good."
Medford Mail Tribune, July 2, 1933, page 1


    C. Jean Conner, vice president and parliamentarian of the self-styled "good government congress," testified Friday afternoon, as the first defense witness in the trial of John Glenn, of Ashland, former county jailer, charged with ballot theft, that after he had testified in the Walter J. Jones trial, Prof. C. F. Engelhardt had given him $5 for "telling the truth on the stand."
    "You and I are the only ones who tell the truth," Conner swore Prof. Engelhardt told him, in the law library of the courthouse, and then gave him the $5 bill, over Conner's objection. Prof Engelhardt insisted, and accompanied his fight [sic] with a hearty slap on the back, the witness said.
    The witness said he met Prof. Engelhardt in County Judge Fehl's office, when the proffer was first made, and Conner demurred, with the words: "You don't owe me anything, and I don't want your money." The professor was not to be denied, and told Conner he would give him the $5 at the first opportunity. The donation was made the next day.
    Prof. Engelhardt is a bondsman for Arthur LaDieu, convicted of ballot theft.
    Conner admitted he had helped Wilbur Sexton remove ballot pouches from the vault on the night of February 20 and that the decision of the court that day, ordering the recount, did not meet with his approval.
    Conner said he saw many men around the rear of the courthouse, but could identify any of them. He insisted that it was Wesley McKitrick, a state witness, who has pled guilty, and not Thomas L. Brecheen, one of the defendants, as the state maintained, who induced him to enter the vault the second time, and steal more votes.
    The final state witness on direct examination was Mrs. Edith R. Sexton, mother of the Sexton brothers. Mrs. Sexton said she went to the county jail on February 28, last, to talk with John Glenn about her sons.
    "I told John Glenn, if the boys were mixed up in this ballot business, some of the older heads would pay too," Mrs. Sexton testified.
    "Glenn then asked me to come to his office, and there he asked me if the boys would 'squawk,' and I told him I didn't know."
    Glenn was then quoted as saying: "They gave me the third degree at Grants Pass, and I have a weaker constitution than the boys. It nearly put me in the hospital, but I didn't squawk."
    Mrs. Sexton also said: "I didn't tell Glenn all I knew."
    The defense tried to break down Mrs. Sexton's damaging testimony, with a question inferring that Mrs. Sexton had told two women acquaintances at a local dance that "George Codding will give me all the money I want for whiskey." The court ordered the query stricken, and characterized it as "unfair to the witness."
    Mrs. Electa A. Fehl, wife of the county judge, testified to a dinner at her home the night of the vote-stealing, and named those in Fehl's courthouse office on the evening of the ballot robbery. Mrs. Fehl testified that she and her husband arrived at the "congress" about eight o'clock, and that they remained until the close.
    A. L. Hugg of Rogue River, son-in-law of Walter J. Jones, second of the ballot theft defendants to be convicted, was an obdurate and evasive witness, and at one stage made a statement to the jury, over the objections of attorney Moody. All the skilled efforts of attorney Moody could not elicit from Hugg who was present at the Fehl room after the meeting, or when they left. He declared the meeting was for the purpose of arranging bonds for L. A. Banks, when he was indicted for criminal libel and criminal syndicalism.
    Mrs. Fehl listed among those present her husband, Elsie Olsen Brown, a stenographer; suspended Sheriff Gordon L. Schermerhorn; L. A. Banks; Amos W. Walker, former deputy sheriff; Claude Ward, brother-in-law of Banks; Walter J. Jones; Arthur LaDieu, and others. There was a general movement in and out of the office, witnesses testified.
    Charles W. (Chuck) Davis, who has entered a plea of guilty, testified that on the evening of the ballot robbery, at a confab on the basement floor, he told County Judge Fehl:
    "If you fellows are figuring on stealing the ballots, you will get in trouble."
    Davis said Fehl made no reply, and that he gave the same warning to the Sexton brothers.
    Davis admitted that he tried to pry open one of the vault windows with a crowbar, which he identified, but failed. He said that after the vault window was smashed he went to Estes pool hall and played cards.
    About 9:20 p.m. Davis testified he returned to the courthouse, and passed Schermerhorn near the Park Grocery, and said "hello." When he arrived at the court house, he met Newton C. Chaney and Fehl talking in front of the auditorium. After a few minutes, he strolled around the courthouse, and saw Jones, and asked him "how things were going." He then walked around the courthouse with Joe Daniels and saw Claude Ward, "and a man by the name of Stevens" standing at the northwest corner. He then returned to where Fehl and others were standing, and that all took out their watches and compared time, and it was "five minutes to ten."
    Davis said about this time Jones came up, called Fehl to one side, and said:
    "Everything is O.K. now," and Fehl replied, "Mum's the word."
    Under cross-examination Davis denied, that he had told attorney Enright in the Grants Pass jail that he had played cards until midnight at Estes' place. Davis said: "I saw you and I told you I didn't want you for a lawyer, in the presence of my brother."
    There was a lively exchange between Davis and attorney Enright, over payments of bills for rent and groceries by the county.
    "Fehl phoned me in jail that the county court had approved my bill," the witness said.
    "Do you want this jury to believe that the county judge telephoned you to tell you the bill had been approved," asked Enright.
    "That's what I want to tell them, for a fact," the witness replied.
    Davis said he had been a jail trusty, and because of illness in his family was allowed to go home nights, since June 9.
    Deputy Sheriff Phil Lowd testified to LaDieu and McKitrick borrowing his auto, to transport stolen ballots, and how when he became suspicious, and "didn't know whether I would be implicated or not," he dictated a statement in Porter J. Neff's office, as to words, events, and observation.
    Lowd said he told Schermerhorn, Glenn, Jones, and the latter's son-in-law, "I don't want to be mixed up in this mess, and serve notice on you now."
Medford Mail Tribune, July 2, 1933, page 3


    "You will hear, from the lips of defense counsel, unjust and improper criticism of the state police and district attorney's office," declared Assistant Attorney General Moody, in the course of his first closing address this morning in the trial of John Glenn of Ashland, former county jailer, charged with ballot theft.
    "The governor of Oregon started the machinery of prosecution in this case--the district attorney's office has enacted a minor role, but rendered invaluable aid. The governor stepped in when the stability of government in this county was threatened by the ballot thefts.
    "The state police unfolded to you the details of this crime, and we have proven here the governor's wisdom in securing their formation. Without their assistance this crime might never have been solved, and the state of Oregon can well be proud of them.
    "In almost every criminal action, I regret to state, it is the lot of the district attorney and the state police to be abused by counsel for defendants brought to trial."'
    Other high points of Assistant Attorney General Moody's address were:
    "The ballot thefts were a frightful tragedy that struck at the very heart of the fundamentals of government. It will stand as an everlasting disgrace to Jackson County that should cause every good citizen to blush. It is no matter to be waved lightly aside, but a crime, committed by men of evil heart and selfish purpose, to retain their county offices against the will of the people.
    "It was not the sheriff's office alone that was alarmed. There is evidence that the county judge did not want the ballots counted for his office either.
    "The real culprits in this crime--the men who would have benefited most, entered pleas of not guilty, placing the burden of prosecution and expense upon the state and county. They were too cowardly to commit the crime themselves--they induced boys to do it."
    Referring to John Glenn, the prosecutor said:
    "The defendant knew if the recount was held Schermerhorn would lose, and he would lose his job.
    "He admitted on the stand that he bet with Joe Daniels that Schermerhorn would lose--and that was one of the few things he did admit.
    "A nice county jailer! A nice county judge, who to retain their offices urged boys to do their dirty work and steal the property placed in their custody.
    "Glenn, we contend, was a principal in the ballot thefts, and hoped to be a beneficiary of the crime. The facts are irresistible that John Glenn is guilty."
    Relative to Tom L. Brecheen, Ashland politician, attorney Moody said: "He was a guest of Glenn at county expense. What right had he to eat and sleep in the county jail, and be a privileged guest.
    "Brecheen was the urging force. He wanted more ballots stolen. There were rigs at Banks' paper to carry them away, and Brecheen wanted all the ballots destroyed.
    "He was present at the early evening plotting in the county jail, with Glenn, Schermerhorn, Davis and the Sexton brothers. He was whispering with the men who have pled guilty. He was very active inside and outside the courthouse that night.
    Attorney Moody characterized C. Jean Conner as "a young snip, who pled guilty to stealing the ballots, but for some reason has been hobnobbing with his old associates, and has admitted on the stand he took a bribe of $5 from Prof. Engelhardt for telling the truth. Conner wouldn't tell a lie for a million dollars, but he would commit burglary in the night to defeat an order of this court. He wanted to make a speech, but never explained his willingness to commit a crime, at the behest of a couple of kids who were strangers to him.
    "The state is extremely grateful to Mrs. Fehl for her testimony. She gave the names of those present at the meeting in Judge Fehl's office, when they were plotting the theft of the ballots," declared attorney Moody. "The meeting, they claim, was to arrange bonds for L. A. Banks. That was no business of your county judge, but shows they were all acting together in the ballot theft."
    Speaking of the testimony of Mrs. Glenn, the state attorney said:
    "She is the wife of the defendant, and we must be charitable to her."
    The closing address of defense counsel started this afternoon, at the opening of court.
Medford Mail Tribune, July 3, 1933, page 1


    Circuit court adjourned this afternoon between 1:45 and 3.15 o'clock, out of respect to the memory of Burrell Milo Baucom, martyred state policemen, slain last Saturday afternoon on Sexton Mountain by two transient youths.
    J. H. Hardy of Ashland, who admitted he was a member of the "committee of 100," an organization founded for the restoration of normalcy in Jackson County and ending agitation, was examined by the court and counsel for both sides at great length.
    Hardy declared there was nothing that could prevent him from being a fair and impartial juror, that he had no prejudices, and had not been active on either side. He said he had known Ralph G. Jennings and his sons for 15 years.
    Half of the jurors had been preliminarily questioned when the recess was called.
    Slow progress was made this morning in the selection and examination of a jury in the trial of suspended Sheriff Gordon L. Schermerhorn, charged with ballot theft.
    Both the state and defense counsel were explicit and exhaustive in their queries to test the qualifications of the prospective jurors. Up to noon three had been examined.
    The defense is represented by attorney Frank J. Newman, a personal friend of the defendant for many years, and H. Von Schmalz of Burns, also counsel for John Glenn and E. H. Fehl. The state is represented by Assistant Attorney General Ralph E. Moody.
    The first 12 to fill the jury box were:
    R. B. Vincent, Prospect; W. H. Arnold, Jacksonville; George S. Vestal,. Central Point; Winnie K. Cook, Medford; Elizabeth A. Fowler, Rogue River; G. W. Godward, Jacksonville; J. H. Hardy, Ashland; Harold Crump, Ashland; William Joe Nee, Jacksonville; Perry Ashcraft, Ashland; C. S. Hatch, Rogue River and Elsie Churchman, Ashland.
    Three women were among the first jurors drawn.
    Following the temporary filling of the jury box, the state asked that at the conclusion of the trial the court submit written instructions, without comment, to go with them to the jury room in their deliberations. The request was granted.
    R. B. Vincent of Prospect, farmer, was the first juror examined. Vincent was excused. after he answered that he had read the writings of L. A. Banks, local agitator, now under conviction for second degree murder, believed in them, and would carry some of the impressions he gleaned from them to the jury room. Vincent told the court he could not be fair to the state, by reason thereof, and was excused. Vincent was sincere, and extremely modest about his own ability to fairly decide the issues. W. E. Blake of Ashland was drawn to fill the vacancy,
    Examination of W. H. Arnold, farmer, Jacksonville, took close to an hour and thirty minutes, and the court denied two motions for dismissal by the state.
    The state objected to the form of a series of questions propounded by the defense to Arnold, covering the legal phases of conspiracy and accomplices' testimony, and was sustained by the court. The court held that it was proper for the jury to infer from a meeting that it was for the purpose of plotting, and that the jury should consider circumstances in arriving at the guilt or innocence of the defendant. The law on circumstantial evidence was also explained by the court.
    Arnold said that he read all the newspapers, but had no opinions, that he knew the Jennings family, and that he was a member of the election board last November in his precinct.
    Arnold also said that he had talked to Arthur LaDieu, convicted of ballot theft this morning, about mowing some hay, but that LaDieu had not mentioned any of the ballot theft cases. Later, Arnold admitted LaDieu had "said something about the cases," but could not recall it, as it had left no impression on his mind. The venireman also said that LaDieu had never asked him to mow his hay before.
    Arnold stated that he had faith in law and order, and had not signed any of the petitions seeking the recall or resignation of county officials during the height of the turmoil.
    The witness added that he knew E. A. Fleming, Earl Bryant, and James Gaddy of Jacksonville, who have entered pleas of guilty, and that he entertained a slight aversion to the testimony of accomplices, but that it would not prevent him from being a fair and impartial jury.
    At the present rate it will take three days to secure a jury in the trial.
Medford Mail Tribune, July 5, 1933, page 1


    John Glenn of Ashland, former county jailer, charged with ballot theft, a pensioned veteran of the Spanish-American War, was acquitted by a circuit court jury composed of six men and six women, after 11 hours deliberation, at 4:30 o'clock in the morning of the Fourth of July.
    Sympathy was a vital factor in the conclusions of the jury, according to courthouse reports. Charles A. Blaess of Trail was foreman.
    On the first ballot, it was reported, five women and four men voted for acquittal, and shortly afterwards the sixth woman joined them. Two men held out for conviction until the final ballot. Throughout the long discussion and deliberations until early in the morning the count stood ten to two for acquittal.
    The fact that Glenn is in ill health and stood to lose his government pension, it is reported, swayed the women jurors. Glenn was overjoyed by the verdict which, it was claimed. came on the 34th anniversary of a skirmish in which he was engaged in the Philippines. During the course of the closing arguments of attorney Von Schmalz of Burns, one of the women jurors, Mrs. Sylvia Kellogg, wept freely.
    The verdict came as a surprise to hundreds of Jackson County residents who closely followed the trial, and the evidence submitted by the state.
    The state contended that Glenn was one of the principals in the ballot theft and introduced evidence to show that he took an active part in the preliminaries, inducing the Sexton brothers to assist, with promises of "$10 apiece, and good jobs." There was also testimony to show that Glenn had been present at "conferences" the night of the ballot theft, on the basement floor and in the county jail office and lobby.
    The closing plea of attorney Von Schmalz, a comrade of the defendant in the Philippines in 1898, was unquestionably effective with the jury. It was appealing, gentlemanly, and free from the abusive personalities and attacks against law enforcement agencies which characterized his colleagues' remarks.
    The personnel of the jury was as follows:
    Claude H. Long, Ashland, rancher.
    Elva Adams, Central Point, housekeeper.
    A. I. Brooks, Kanes Creek, farmer.
    Robert Newman, Applegate, miner.
    Sylvia L. Kellogg, Hillcrest Road, housewife.
    Clyde R. Richmond, Central Point, miner.
    George B. Hammersley, Gold Hill, miner.
    Mary Spencer, Ashland, housewife.
    Charles E. Blaess, Trail, farmer.
    Sadie L. Frinke, Beagle, housewife.
    Mary E. Glenn, Valley View, housewife.
Medford Mail Tribune, July 5, 1933, page 1


    The Sexton brothers--Burley and Wilbur--testified at the trial of suspended Sheriff Gordon Schermerhorn, charged with ballot theft, that when confined with the accused official in the women's ward of the city jail, Schermerhorn made denials in a loud voice, and spoke in a whisper when discussing more intimate details of the ballot theft shortly after his arrest.
    "Schermerhorn told us to sit tight, say nothing, for if you squawk, it will be too bad for all of us," Burley testified.
    The witness said that state police and aides of the district attorney's were concealed in the bathroom and on top of the cell taking shorthand notes of the conversation.
    Burley Sexton further testified that Schermerhorn asked, "Where did you see me," and denied that he was standing on the corner of Laurel and Eighth streets when the first load of ballots went by.
    "Schermerhorn said no car went by the corner when he was standing there." He said, "they will get Fehl into this--they are arresting everybody."
    The ousted official expressed the fear of dictaphones and urged the two brothers not to "talk so loud" at this time.
    Wilbur corroborated the testimony of his brother, Burley, in detail, and the defense was unable to shake them in the main details of their testimony under cross-examination.
    The Sexton brothers repeated the testimony they gave at the LaDieu, Jones and Glenn trials, of how Jones had given the signal for the vault window breaking, how Glenn had "propositioned them," to help steal the ballots, how Tom Brecheen had directed that more ballot pouches be stolen, how Arthur LaDieu had driven away with six pouches in his auto and how Fehl, at a meeting on the first floor of the courthouse, on the night the votes were stolen, had left for "Congress" with the joking remark:
    "I hope you boys don't break into that vault tonight."
    The brothers testified that on the night of robbery they had seen Schermerhorn four times--once in the jail at supper time, once on the fail steps, at the street corner and in the janitor's office when the theft was under way.
    In a conversation in the county jail, two days after the robbery, at which Glenn, Schermerhorn, J. T. Thomas, bondsman for some of the indicted men and financial backer of Fehl, in some enterprises, Joe Daniels and the Sextons were present, the ballot theft was under discussion, and all laughed about the press accounts of the robbery.
    Glenn asked, the brothers said: "How come the state police are investigating the ballots," and Joe Daniels replied, "It's some of George Carter's work."
    Burley Sexton was on the stand most of the morning session and the defense filed a "continuing objection" to his testimony, which the court disallowed. The court said it would rule on "specific objections," but would not grant the continuing objection, because "it would make an awkward record."
    R. C. Cummings of Rogue River testified to starting his Ford auto to drown the sound of the breaking vault window, and hauled four ballot pouches to Bybee bridge, where they were slit open, filled with rocks and cast into Rogue River. Two of the pouches were recovered. They were identified by the Sextons and Cummings.
    Cummings testified that he started his auto and made the noise at the instance of Walter J. Jones, mayor of Rogue River, under conviction. Cummings also testified Brecheen told him, "We got to get the ballots."
    George Carter, county clerk, and Nydah Neil and Helen Dugan, deputy clerks, testified to court records and events on the afternoon of the recount proceedings before the ballots were stolen.
Medford Mail Tribune, July 9, 1933, page 1


    Evidence that the state of Oregon will introduce against suspended Sheriff Gordon L. Schermerhorn, charged with ballot theft, and now on trial in circuit court, was told to the jury Friday afternoon by Assistant Attorney General Ralph E. Moody.
    The state's attorney declared the evidence will show "that just prior to the commission of the crime and afterwards, Schermerhorn visited several offices in the court house, and the Mail Tribune, and the News office, building up a false alibi, and in many instances left instructions to remember where he was at the time."
    That immediately "before the crime Schermerhorn was conferring with Glenn on the first floor and that when he left by the back door, the entire rear of the court house was left in darkness when the outside lights were switched off.
    "That when the ax was found with which the vault window was smashed it was turned over to Schermerhorn. Schermerhorn then reported that he had turned it over to the chief of police, when as a matter of fact he had hidden the ax, and it was found where he hid it.
    "That after the discovery of the crime, Schermerhorn was nervous and excited, and was in daily secret conferences with Fehl, Brecheen, Glenn and LaDieu, in his private quarters in the sheriff's office.
    "At the first intimation of a recount contest, Schermerhorn absented himself in California and remained there until after midnight of December 31. He returned on Sunday, January 1, and was told by Fehl, the evidence will show: 'You came back a day too soon. You better get out of the state.'
    "The evidence will show that Schermerhorn did go back to Yreka, and returned here on the morning of January 2, and went to Fehl's home, cleaned himself up and took a bath for a meeting arranged by Fehl at which Glenn, Phil Lowd, Amos Walker and others were present. The evidence will show that Fehl instigated the appointment of Glenn and Walker, and that Banks named Phil Lowd.
    "The word went out that the recount had to be stopped, after it had been ordered. The evidence will show that Schermerhorn and Jones, sometimes referred to as the 'mayor of Rogue River,' entered the sheriff's vault, and it will be strongly indicated that the ballots, had they been stolen in the afternoon as first planned, were to have been hidden there until nightfall, and then removed.
    "They planned to steal the pouches from the boys--say it was done by a 'man with whiskers,' a description that would fit everybody in general, and nobody in particular.
    "That Schermerhorn aided, abetted, helped, encouraged, counseled, and recommended the ballot theft, and was its chief beneficiary," attorney Moody declared.
    "The state, in the presentation of its evidence, will go into detail and show this jury the passive and active part--and the passive role is the more convincing."
    The Jennings family--father and sons--crept again into the case during the short opening statement of attorney H. Von Schmalz. In the Glenn trial, O. O. Clancy testified that the morning after the vote stealing, Glenn, then jailer, told him, when he asked who committed the crime:
    "Suspicions point to Paul Jennings."
    "We believe we can show that Mr. Jennings had notice that the ballot robbery was planned before its consummation, and did nothing about it," attorney Von Schmalz declared. "We will also show that one of the Jennings boys was in the clerk's office, near where the ballot pouches were piled, one evening after working hours."
    Attorney Von Schmalz gave a brief description of Schermerhorn's life here, "without a mark against it," and reminded the jury that as a contractor he had built the Schermerhorn block, and the present Perl Funeral Home in this city. Attorney F. J. Newman, contrary to expectations, made no statement.
    Early in his statement attorney Moody, referred briefly to the Jennings' angle, without mentioning the family by name, with the words:
    "The evidence will show that if the ballot pouches were tampered with in the clerk's office, it was the work of some of the main actors in this drama."
    Attorney Newman for the defense filed objection, which was overruled, against the state mentioning Schermerhorn's absence in California last winter, after Jennings served notice of a recount contest on the grounds it was "prejudicial." The court held the competency of this evidence would be ruled upon when it was introduced.
    Other high points of attorney Moody's statement were:
    "This is not a political matter. It is a criminal case and the only issue is the guilt or innocence of Gordon L. Schermerhorn.
    "The evidence will show that Schermerhorn was very much opposed to the recount.
    "The state will necessarily have to present evidence, pointing to the guilt of others. Many of the actors in the crime were just tools, used by Fehl and Schermerhorn for the fulfillment of their purpose.
    "Prevention of the recount was the motive of the burglary.
    "Schermerhorn was not present at the actual breaking of the vault window, but he connived and consented and furthered it.
    "The evidence will show that no recount of the ballots for county judge was wanted for reasons best known to themselves.
    "Technical objections were filed to prevent the recount--everything possible was done to prevent it. When the court ordered the recount, they decided to get busy, and get busy in a hurry, and they did.
    "The evidence will show that Schermerhorn used no independent judgment, but did as Fehl and Banks told him and with the consent of Schermerhorn, Fehl and Banks ran the sheriff's office."
    The state's attorney hinted that full details would be given of the meeting in Fehl's office after the recount order, and maintained that at this confab, the final decision was reached.
    "The state cannot give the exact hour of the birth of this conspiracy--it was secret and not put in writing--but as far as Fehl and Schermerhorn are concerned, it has an early history--starting sometime shortly after the election, and before Schermerhorn departed for California and secreted himself for more than a month to prevent the service of summons, so the recount could not be held and decided before he took office."
    During his statement, the part of the Sexton brothers, Chuck Davis, E. A. Fleming, Earl Bryant and others took in the brazen crime was related, and how Jones, found guilty of ballot theft, gave the signal for the starting of the auto engine, and the cheers of the "Congress" to drown the sound of clattering glass when the vault window was smashed.
    The jury spent some time inspecting courthouse spots that will be mentioned in the testimony.
Medford Mail Tribune, July 9, 1933, page 4


    "We were all bamboozled by Banks, and thought stealing the ballots would be a heroic stunt, and in no way a crime." Virgil Edington, Gold Hill youth, testified under defense cross-examination this morning, in the trial of suspended Sheriff Gordon L. Schermerhorn, on trial in circuit court for ballot theft. Edington made the statement in response to a defense query whether he had not been a willing participant in the vote stealing. Edington further testified that he regarded his present attitude as "a patriotic duty, and to do what he could to clear up the situation."
    Edington also testified that Schermerhorn had issued instructions to the "Banks guards," but was not allowed to tell the instructions when the court sustained the defense objections.
    Edington, whose case was dismissed so he could be a state witness and who admitted aiding Arthur LaDieu, convicted of ballot theft, and Wesley McKitrick, who pleaded guilty, in hauling ballots to the home of Mayor Walter Jones of Rogue River, later destroying them at the home of McKitrick's parents, was a hesitant, but careful witness.
    Edington testified that Henrietta B. Martin, president of the self-styled "Good Government Congress," and C. Jean Conner, "parliamentarian" of the organization, who pled guilty, were around the Banks headquarters, after the "Congressional session," and the ballot theft was under way. Edington recalled that Tom L. Brecheen, another defendant, had been in the "News" office about the same time the Sexton brothers testified he was, and that L. A. Banks, former local agitator and convicted slayer, had telephoned LaDieu, before the trip to the home of the mayor of Rogue River, in Phil Lowd's auto, was started.
    Banks was also linked in the testimony as one of the framers of an alibi for LaDieu, McKitrick and Edington, but testimony on this point was limited by defense objections.
    Edington testified that the first plan was to steal the ballot pouches on the way from the courtroom to the vault. Late in the afternoon of February 20, with McKitrick, he went to the courthouse for that purpose, and under orders of McKitrick was stationed on the first floor near the vault. The plan was abandoned. The witness was not sure, but thought he had seen Brecheen and McKitrick talking shortly after the arrival there with McKitrick and LaDieu. There was a crowd around. Edington said this plan was dismissed.
    Edington said "I was supposed to take orders from McKitrick, who was 'captain of the guards,' at the News, and ask no questions."
    Wesley McKitrick, "captain of the guards," numbering a dozen men, testified that Schermerhorn was a "frequent visitor at the News," conferred with LaDieu, and that McKitrick and the other guards lived in a house at 323 Laurel Street, furnished by the Fehl Realty Co. The witness said he paid no rent, "but I painted the inside of the house."
    Edington testified that Schermerhorn called every evening at the News and McKitrick "on the average of every other evening."
    The defense objected to this line of questioning, but the court ruled it was competent as "showing the associations of the conspirators."
    In an impeaching question to McKitrick, attorney Newman for the defense asked, "Do you recall a conversation with Harley Hall of Jacksonville, a juror in the Jones case, on or about February 10 or 11 last, in and in front of the News office, in which Hall said to you, in effect:
    "'There is going to be a recount of the ballots,' and you replied: 'There will be no recount, for we are going to steal the ballots.' Hall then said to you: 'Will Schermerhorn stand for that?' and you replied 'He won't know anything about it.'"
    McKitrick did not recall any such conversation.
    McKitrick testified that with LaDieu and Edington he went to the courthouse while the recount hearing was in progress on February 20 and was told by Brecheen to "go to the basement and get ready to steal the ballots when they come down."
    McKitrick repeated his testimony given in previous trials, depicting how under the direction of LaDieu they had made a midnight trip to the home of Mayor Jones in Rogue River with six ballot pouches LaDieu had procured at the courthouse, and later destroyed the ballots in the home of McKitrick's parents at Jones' suggestion, and dumped the pouches into Rogue River at Galls Creek.
    The defense questioned McKitrick and Edington relative to money they had received from the county. Edington said he had received $30 or $40 for services and "felt I should do all I could to help get all the information I could, to help clear things up."
    McKitrick testified that when he was first arrested Deputy District Attorney Neilson "had stood good for some groceries at Alexander's" for his wife and baby, and had paid for it with a personal check.
    McKitrick said the county had paid him recently for "going to a mine claim and telling three state witnesses they were wanted, but carried no papers to serve." The claim is located in an isolated area, and difficult to locate.
    Mrs. Nora B. McKitrick, her daughter-in-law, Elsie McKitrick, 18, E. A. Fleming, Earl Bryant, and James D. Gaddy of Jacksonville were scheduled to be among the state witnesses called this afternoon.
Medford Mail Tribune, July 10, 1933, page 1


    The motion for a change of venue was denied this morning, by Circuit Judge George F. Skipworth, to Earl H. Fehl, charged with ballot theft.
    It was also announced by the court that the trial of Fehl would start upon the completion of the Schermerhorn trial, now in progress.
    The court in denying the change of venue plea of Fehl stated that "while there have been editorials in the Mail Tribune upon the trial, it develops that in the Pacific Record Herald, edited by Fehl, there has appeared an article just as bitter, or more so."
    The court commented that in the selection of the jurors in the four ballot theft trials, "it is significant that so few of the jurors examined had formed opinions from newspaper articles."
    The court further stated "that the jurors have been selected with amazing rapidity, where 1 expected it would take days and days.…"
    "There is no doubt but that defendant Fehl can procure a fair and impartial trial, and therefore the granting of the change of venue is not warranted, and is denied."
    The court declared it was ready to "cooperate with the counsel for both sides and the sheriff," in the selection of a jury list.
    The statement of the court, with the jury excused, is as follows:
    The Court: The jury will please retire from the court room a few minutes while I make a decision.
    In this case of State v. Earl H. Fehl there is a motion for change of venue on the ground of prejudice created by certain newspaper articles that it is claimed have appeared from time to time in various newspapers of the county during the campaign and since the campaign. With reference to newspaper articles which were attacking Earl Fehl, the answer to the proposition that he was prejudiced thereby is that he was elected by a majority despite the attacks made upon him by the newspapers. The only question that made me pause in passing on this motion last Saturday was an editorial which appeared in the Mail Tribune concerning this trial--I mean the Fehl case and the other cases, not only the Fehl case but the other cases--but it also appears, and it is of general knowledge, that there was published in the Pacific Record Herald, a paper published by the defendant Fehl, an article concerning these trials which was just as bitter, or more so, than the editorial in the Mail Tribune.
    Now these newspaper articles or contentions have been going on in this county for more than a year. It is common knowledge throughout the state, and the court may take judicial knowledge of the fact that there has been attacks by various papers on various people in the county, but the significant thing to me is that upon examining the jurors in four cases, the very small, if any, effect any of these newspaper articles have had upon jurors. It is amazing the rapidity with which we have been able to select juries to try these cases. When I came here I expected that it would be almost impossible to select a jury--that we would probably be days and days in the selection of jurymen to try these various cases--but I think the largest number we have examined in any particular case does not exceed forty. I am merely speaking from memory now, and not from notes, but there is the Schermerhorn case--this last case on trial now--we examined thirty-seven--that doesn't include the alternates--37 jurors--and here in the Glenn case we examined thirty-eight, and I think in the Jones case we probably examined 37, and the LaDieu case about the same number.
    Now about the effect of newspaper articles, I just take myself for example. I am a reader of newspapers--very largely so, and I will read an editorial--it may be a severe editorial. Now it may make an impression upon me for a few moments. I may either agree with that editorial, or may have a feeling of resentment against the editorial, but it is only a fleeting impression. It passes away--there is no question--there is nothing that dwells within you--within your heart or your conscience. It is simply a matter of first impression, and that is all there to to it. Now Mr. Schermerhorn has been a resident of this county for year and years--an old settler--elected to one of the most prominent offices in the county--that of sheriff--one of the most important, and yet we only examined thirty-seven jurors in his case, and out of the thirty-seven we have a jury which appears to be fair and impartial.
    Now another thing. Three of these cases have been tried--the LaDieu case, the Jones case, and the Glenn case. There were convictions in the LaDieu case and in the Jones case and an acquittal in the Glenn case--so that shows the trend of the jurors, and I haven't any doubt but what a perfectly fair jury may be found in this county and secured in this county to try the defendant Fehl. He is entitled to a fair trial, of course, by an unbiased and unprejudiced jury. But he was elected in spite of all the newspaper discussions--he was elected I think by a fifteen hundred majority--I just speak offhand--but it was a very large majority, one that any man might be proud of, and as far as that is concerned, he resides in this county, holds prominent office--and so does Mr. Schermerhorn hold a prominent office, and there was no difficulty in securing his jury. The court is not warranted in giving a change of venue if a fair and impartial jury can be secured in Jackson County, and with the large population in this county, I have no doubt but what a fair jury can be selected.
    The court will do all in its power to see that a fair and impartial jury is selected. The panel is exhausted, but the court is willing to cooperate with counsel on both sides in the selection of a jury. Neither side has any right to an advantage over the other. I think the court and counsel can select a jury so that the ends of justice will be met. And the court will certainly see to it, as far as is within my power, that a fair and impartial jury is selected to try the defendant. He is entitled to a fair trial, and I want him to have a fair trial, and insofar as in me lies, he will have one, but in the circumstances, I do not think this court is warranted in granting the motion for a change of venue, and the motion will be overruled.
    Von Schmalz: We desire an exception.
    The Court: It is not necessary for the record to show it, but you may have your exception.
    (At this time the jury is recalled.)
    The Court: This case is set for trial right after this case as I understand?
    Mr. Moody: Yes, your honor.
    The Court: Counsel will be ready right after this case? If there is any way to select that jury in open court in the presence of the judge I am perfectly willing.
    Enright: I will put some time in looking that up, your honor--we would like to have it if possible.
    Court: I think the court has jurisdiction to see that a fair jury is selected, and I will certainly exercise that power.
Medford Mail Tribune, July 10, 1933, page 1


    Eight witnesses testified this morning at the trial of suspended Sheriff Gordon L. Schermerhorn, charged with ballot theft, in support of the state's contention that he was around the court house before and after the ballot theft was started; that the accused official was lax, and that he attempted to establish an alibi.
    Captain Lee M. Bown of the state police, in charge of the Southern Oregon district, testified, in response to a defense query: "If I had been sheriff of Jackson County I would have been much more active in the ballot robbery investigation."
    The state police official further stated that Schermerhorn, as far as he knew, conducted no investigation, tendered no information and offered no services.
    Captain Bown testified that he entered the case under orders of the superintendent of state police, Chas. P. Pray, "and I understood from the superintendent it was at the suggestion of District Attorney Codding."
    Under cross-examination by attorney F. J. Newman for the defense, Captain Bown admitted, "it would have been humiliating to work with Schermerhorn, but we would have gladly received any evidence he had offered."
    It was not brought out by either counsel why Captain Bown considered it "humiliating." The defense questioning tended to show that Schermerhorn had asked the state police to aid.
    Charles Morningstar, foreman at court house, testified that about 4 o'clock on the afternoon of February 24 he found the ax used by Burley Sexton in breaking the vault window, hidden under a basement stairway.
    "I told Schermerhorn," the witness testified, "that I had found the ax and had locked it in a cupboard under the elevator shaft. He told me to 'let her set and I will report it to Jimmy O'Brien.'"
    Morningstar testified that when he showed Schermerhorn the ax and called his attention to bits of glass in the handle, the defendant said:
    "It's plain to see what that ax has been used for."
    Morningstar testified that he told Robert Bell, janitor, of finding the ax, and that Bell told Deputy District Attorney George W. Neilson.
    Deputy Neilson testified that with Sergeant of Detectives Clyde Warren of the state police, he had gone to the stair cupboard and retrieved the ax on March 1 last, about 6:30 in the afternoon. The witness said the late hour was chosen to avoid the mob of loiterers around the court house in those days. Sergeant Warren corroborated Neilson and Morningstar, all agreeing that the ax was recovered several days after it had been reported to Schermerhorn. Sergeant Warren testified he had been assigned to the crime by Superintendent Pray.
    Neilson testified under cross-examination of defense that he met Schermerhorn at the jail elevator door, when he was carrying the small crowbar used in an effort to pry open the vault window, unsuccessfully, and that Schermerhorn had said nothing.
    The witness said he said nothing to Schermerhorn, "because we all knew Schermerhorn knew all about the ballot robbery." A defense objection was sustained, and the answer stricken. Revised, Neilson answered, "Because we did not think it necessary."
    Joe Daniels, former janitor, testified that three or four days after the vote stealing he met Schermerhorn in the Daniels apartment atop the court house and Schermerhorn said:
    "'I see they have you on the spot down in the district attorney's office,' and he asked me if I remembered seeing him three times that night, and I told him I had."
    Daniels said he left Schermerhorn talking to his mother, matron Catherine Daniels. The matron corroborated her son's testimony, but heard nothing of the conversation, except a chance mention of the name of Oliver Martin, one of the defendants.
    Daniels testified that he had seen Schermerhorn about three times; about 8:30 o'clock on the jail stairs, in the rear yard of the court house about 9 o'clock, and at the northwest corner with Oliver Martin about 9:30 o'clock.
    Daniels testified that he had seen Fehl, Brecheen, Chuck Davis and one of the Sexton boys about 7:45 talking on the first floor at the sheriff's vault; that he had seen Glenn call the Sexton brothers away: that he had been with Brecheen outside when the light flickered on in the vault, and Brecheen asked: "Is that where they keep the ballots?" and that he had seen Fehl in front of the auditorium about 10 o'clock, and that at 10:35 when he went to bed the "congress" was still in session.
    Under cross-examination, Daniels said he had been questioned about what he had heard, but "did not remember conversations Daniels admitted the state thought he knew."
    Daniels corroborated in many important details previous testimony given by state witnesses who admitted ballot stealing and have pled guilty
    Mary Sweeney, 1704 West [Main] Street, a former county employee, was the first witness called by the state to prove the contention that Schermerhorn laid foundations for an alibi.
    The witness testified she was in the sheriff's office on the night of the ballot robbery between 7 and shortly after 9 o'clock, and that Schermerhorn came in twice, and she was introduced to him by Chief Deputy Olga Anderson. Schermerhorn made a trip to the jail and returned. Shortly afterward he returned and received a phone call, saying when the call ended, "That is from the Daily News. I will see them on my way down, as I want to be in bed by 9:30." It was then about 9 o'clock. With Olga Anderson, the witness left about 9:10. Miss Anderson was doing extra work at night.
    Paul La Claire of Rogue River testified he was at the court house "between 8 o'clock and close to 10," and that about 9:30 he saw Schermerhorn leaving the rear of the court house, and saw Earl Fehl standing out in front of the court house. He left about 10 o'clock with C. Jean Conner, who pled guilty to participation in the vote looting.
    La Claire testified that about this time he knew the ballots had been stolen and had it fully confirmed the next day.
    The witness said that after 10 o'clock he went to Witham's service station to "work on an auto," and he had "been wandering about town and in and out of the Daily News all day," and had seen Conner there.
Medford Mail Tribune, July 11, 1933, page 1


    Three witnesses for the state, at the trial yesterday afternoon of suspended Sheriff Gordon L. Schermerhorn, charged with ballot theft, declared they saw the accused county official in the rear of the courthouse, between 9 and 9:30 o'clock, February 20 last--the night the ballots were stolen and destroyed, and about the time the vault window was crashed.
    The three witnesses were Mrs. Mary Wilson, a stenographer, Frank McKitrick of Rogue River, and John Brock of this city, the men both former "Banks guards." Mrs. Wilson was a surprise witness.
    Mrs. Wilson testified that she came to the courthouse at 9 o'clock, went to the third floor of the courthouse, where she had an appointment to do dictation for Judge W. M. Duncan, found him absent, returned to her car on Oakdale Avenue and drove around to Laurel Street, where she saw suspended Sheriff Schermerhorn leaving the courthouse.
    Mrs. Wilson testified Schermerhorn, after a few moments on Laurel Street, returned with a man about his own size, and then went north. The witness said she recognized Schermerhorn when he stood in the glare of her auto lights momentarily, and that he seemed to hesitate when he reached the sidewalk.
    Frank McKitrick testified that he was in the courthouse, and around it from 7:45 to 9:45 o'clock, on the ballot theft night. Between 9:15 and 9:30 o'clock McKitrick testified he saw Schermerhorn leave the sheriff's door in the rear of the courthouse, and a "very short time afterwards the light over the rear door went out." He said Schermerhorn went to Laurel Street.
    McKitrick testified he saw Walter J. Jones, the mayor of Rogue River, standing at the southwest corner shortly after Schermerhorn left, and that a short time after that he heard an auto rattling in the rear courtyard. He said he learned afterwards it was R. C. Cummings' auto, started, the evidence showed, to drown the sound of the breaking vault window.
    McKitrick testified he saw Fehl talking to Jones at the east side of the courthouse; that he saw Brecheen, another co-defendant, on the south side, and in the auditorium.
    John Brock of this city, also a "Banks guard," testified that he saw Schermerhorn at a rear window when he crawled out of it, and that it was between 8:45 and 9 o'clock, and that the defendant made some passing remark about the meeting.
    Chief of Police Clatous McCredie testified that suspended Sheriff Schermerhorn "became nervous" when with District Attorney Codding and himself the ballot pouch tops were found in the courthouse basement and that when the suspended sheriff tried to open the sheriff's vault later to store the ballot tops, he was "very nervous." When this was accomplished the witness declared Schermerhorn said:
    "You go in first. That's the liquor vault, and I don't want anything to do with it."
    Chief McCredie also testified on cross-examination that he and Schermerhorn were in the district attorney's office, the day after the robbery, and District Attorney Codding said to them:
    "You fellows are going to talk to the superintendent of the state police at Salem. He's on the line now."
    McCredie testified he suggested that Schermerhorn talk first, and he did, telling the state police head he was "short of help and needed assistance." The witness denied that the state police phone was at the suggestion of Schermerhorn, but was District Attorney Codding's idea.
    Under cross-examination by attorney Newman, McCredie declared, "I think Schermerhorn's nervousness was due to finding the ballots. What else could it be?"
    The witness also said that after the Salem phone call District Attorney Codding said:
    "Let's get going," and Schermerhorn said: "What'll we do. The ballots are gone."
    McCredie then said: "We'll go down in the basement and look around."
    Chief McCredie was examined at length relative to the arrest of Schermerhorn and his detention in the city jail, and the placing of the Sexton brothers in the same department. Attorney Newman intimated that Schermerhorn had been subjected to the "third degree."
    "If placing him in the women's ward is the third degree--that's it," the witness replied.
    Chief McCredie admitted that while Schermerhorn was talking to the Sexton brothers, state and county officials were within earshot.
    Under re-cross-examination by the state, McCredie declared that Schermerhorn had taken "no initiative" in ballot theft detection, and when the wholesale arrests started "we did not want to put the prisoners in HIS jail."
    The witness said the defendant made no discoveries, offered no suggestion and "just stood around, and went with us."
    Dan Tryor testified that on the afternoon before the ballot thefts he was twice "propositioned" by C. Jean Conner to steal the ballots, but declined, because he didn't want to "tangle with Uncle Sam."
    "I was seated on a bench on the first floor, near the rear window, the witness said. "Schermerhorn came over to me, and said:
    "'How's everything?' and I told him everything was all right."
    Tryor said this was between the first and second time that Conner had proposed stealing the ballots.
    "I thought at the time," Tryor said, "he was inquiring about my health, or the weather, but when I heard the ballots were stolen, I began to think different." Tryor is quite deaf.
    Charles W. (Chuck) Davis, a co-defendant, who has pleaded guilty, testified that at about 7:45 o'clock on the night of the ballot robbery he and the Sexton brothers, Fehl and Brecheen engaged in a conversation near the sheriff's vault in the courthouse, and that Jones came up in a few minutes. Davis testified Fehl asked the Sextons if they knew the combination of the ballot vault, and Brecheen asked if there were bars on the vault windows.
    Davis testified he then told the Sextons and Fehl, "If you fellows figure on stealing the ballots, you will get into trouble, and none of them made answer."
    Davis testified he had then gone to the basement with Jones and the Sextons to look for tools, and tried to pry open the window with a crowbar, and failed. He then testified he went to Estes' pool hall, remained there till 9 o'clock, and returned to the courthouse about 9:10, meeting Schermerhorn en route near the Park Grocery on Main Street. He testified he saw Fehl and Newton C. Chaney, talking in front of the auditorium, and that he returned to where they were standing about 9:45 o'clock, with janitor Joe Daniels, and all three compared their watches and it was 9:55 o'clock. Davis said he went home at 10 o'clock. He testified he saw Jones and Oliver Martin standing at the southwest corner of the courthouse about 9:30 and Claude Ward, brother-in-law of L. A. Banks, at the northeast corner a few moments later.
    B. A. Fleming, Earl Bryant, and James D. Gaddy, Jacksonville residents, testified that they destroyed the contents of five ballot pouches, and were stopped on the south side of the courthouse by a "husky man with a hammer," who detained them. Gaddy testified that Fleming said, "I've got to go back and see Fehl," after the ballot pouches were loaded on Bryant's truck. Fleming testified that the burning was first tried in Bryant's home, but most ballots were taken to the woods near Jacksonville and burned to make destruction speedier. None of the trio could identify the man with the hammer, but Fleming did identify Burley Sexton as one of those who had helped load the ballots.
    Mrs. Nora B. McKitrick and her daughter-in-law, Mrs. Elsie McKitrick, testified to LaDieu, Wesley McKitrick and Edington bringing ballots to her house, and burning them in the early morning of February 21.
    State Policemen Rodney Roach, Ed Walker and Clarence Malcom testified to recovering ballot pouches where Edington, McKitrick and the Sexton brothers testified they had thrown them in Rogue River, at Bybee's bridge and Galls Creek on the night of the robbery.
Medford Mail Tribune, July 11, 1933, page 5


    Suspended Sheriff Gordon L. Schermerhorn, on trial charged with ballot theft, feared the Sexton brothers would "squawk" and that his conversation with them in the women's ward of the city jail following his own arrest was "overheard," M. B. Sexton, father of the two youths, testified this morning. The Sexton boys admitted their part in the brazen crime.
    "A few days after the ballot robbery, I met Schermerhorn on the second floor of the courthouse opposite his office and we had a conversation about the boys. I told him they were in the women's ward of the city jail," the senior Sexton said.
    "'I was in there an hour or two myself'," the father testified the defendant replied, "'for an hour or two after my arrest, and I am afraid the conversation I had with them there was overheard'."
    The elder Sexton also said he had a conversation with Schermerhorn on the sidewalk in front of the courthouse, and Schermerhorn had asked, "Do you think the boys will tell?"
    The father had inquired as to the whereabouts of his sons, and the suspended sheriff told him they were in the custody of the state police and advised him "the thing to do is get a lawyer and get them out."
    Sexton replied that he had no money for that purpose, and expressed the view that the authorities should get them out.
    The father told the court, "I am very nervous, and have been for two or three days." He was told to take his time in making replies.
    The father further testified that on the night of the ballot theft he came to the courthouse early, and attended the "Congress." He testified that about 7:30 o'clock he saw Judge Fehl, Tom Brecheen, Chuck Davis, and his sons "congregated in conversation" at the sheriff's vault, and that he had heard Fehl say:
    "I'd hate like h--1 to see that vault broken into, and the ballots taken" when he left to speak to the "Congress.' Sexton said he walked with Fehl, Chuck Davis and janitor Joe Daniels to the auditorium, and that he went in and remained until the meeting adjourned at about 11 o'clock.
    Fehl also was bitter against "that old bunch," and told his listeners, "If they get back we will all be out." The witness further testified Fehl applied a vile epithet to the "old bunch" and declared, "I will show them something yet."
    Sexton testified that Brecheen and Fehl made inquiry about the vault combination and the windows, and that Brecheen left with a "couple of fellows" to inspect the outside.
    Sexton's testimony was corroborative of that of his sons, Davis, Mrs. Catherine Daniels and Joe Daniels. The latter could remember no conversations on the stand.
    Phil Lowd, deputy sheriff, testified that a day or so after the ballot theft, Schermerhorn and he went to the courthouse basement, and the sheriff told him:
    "We are not going to do anything. The state police are in full charge, so let them do it."
    The response was to Lowd's query to his chief, "What are we going to do?"
    Lowd also testified that the report came to him "that both Lowd and Schermerhorn were leaders in the ballot stealing, and are involved" from John Hughes, one of the numerous primary candidates for sheriff in 1932.
    When he heard the rumor, Lowd said: "I went back of the courthouse, where a crowd had congregated, and brought Hughes and a man by the name of Luy together, and Luy denied that he said 'Lowd was mixed up,' but admitted he had said Schermerhorn was 'implicated.'" Hot words flew between Hughes and Luy, the witness said, in the presence of a crowd around the robbery scene.
    Lowd testified that Schermerhorn appeared "put out," and was more "nervous" after the robbery discovery than before.
    "Neither of us seemed to think much of that kind of talk," Lowd testified. Lowd said he told the state police all "I knew," and the auto borrowing, soon after the vote stealing.
    Lowd testified that after the robbery, he told Schermerhorn, Jones, his son-in-law, Hugg, and Glenn in the sheriff's office, when Hugg identified Lowd's auto as the one he had seen in Rogue River a few hours after the theft, "I served notice on the four of them I don't know anything about this ballot stealing, and I don't know whether you fellows do, or not, but I am not going to be implicated." None said anything, "but all looked at me." Lowd said Jones also admitted Lowd's car had been in Rogue River. Lowd testified it had been borrowed by Arthur LaDieu and Wesley McKitrick, the night of the thefts, on a pretext.
    Lowd also testified that Brecheen, Jones, Glenn and Fehl held frequent daily conference in Schermerhorn's private office, before and after the robbery, and that each often entered through the tax department, an out-of-the-way entry.
    On cross-examination, defense counsel asked many long, involved questions on minor points, and attorney Newman made mild objection when attorney Moody called them "long-winded."
    Howard Lowd corroborated his brother about the absence of the latter's auto on the night of the robbery, and its muddy condition when returned.
    Cross-examination of O. O. Clancy, a jail inmate, took the major part of the morning session, the defense endeavoring to pin Clancy down to the time of Schermerhorn's four appearances in the county jail on the night of the robbery. The witness would not be explicit as to time. Clancy testified the conferences and comings and goings of Schermerhorn, Glenn, Chuck Davis and the Sexton brothers aroused his suspicions, and he made a note of the names and happenings, which he embodied in a letter to his mother, with instructions to turn it over to the governor.
    The defense contended, from its queries, that Clancy had concocted his testimony as a means to "get out of jail." They laid the foundation for impeachment, by asking Clancy if he had not told Myles Randall, a jailmate, "we will both hit the sidewalk if this letter is mailed," and had told Nye Matthews of the Eagle Point district, also then jail detained, "a man will say anything to get out of jail."
    Up to noon today 46 witnesses had testified for the state, 13 appearing yesterday, when the best progress of the trial was made.
Medford Mail Tribune, July 12, 1933, page 1


    Olga Anderson, chief office deputy of the sheriff's office, and Gertrude Martin of the tax department testified Tuesday afternoon at the trial of suspended Sheriff Gordon L. Schermerhorn that the official, accused of ballot theft, and Walter J. Jones, mayor of Rogue River, and J. Arthur LaDieu, both convicted of ballot theft, Thomas L. Brecheen of Ashland, defendant awaiting trial, John Glenn, acquitted former county jailer, and County Judge Earl H. Fehl, also a co-defendant, held frequent secret conferences in the sheriff's private office between the date of the ballot robbery and the series of arrests.
    Mrs. Martin testified that the purported leaders of the vote stealing plot entered the sheriff's office by way of the tax department--an unusual route--and that they came "quite often." Both testified Jones, LaDieu and Brecheen "were in and out frequently," and that as far as they knew, their missions were not county business.
    The witness also testified that the visits averaged half an hour in length and that Fehl and Brecheen were the most frequent conferees.
    Both the witnesses testified that after the ballot thefts, Schermerhorn was "absent-minded, excitable, concerned and nervous."
    Olga Anderson testified that Schermerhorn had asked her to recall that he had been in the office "between eight and nine o'clock." Miss Anderson testified it was between "7 and 9:10 o'clock" on the night of the vault looting.
    Col. R. H. Burton testified that about 10 o'clock on the night of the ballot robbery he was standing on Laurel Street and saw some men crawl out of the courthouse window in the rear from the auditorium and thought it was a fight. He investigated and met Schermerhorn there and the latter, after a talk, asked him what he thought of the "Good Government Congress." Burton replied he did not think it was "worth a d--n."
    The next day, after the robbery was discovered, Burton testified he met Schermerhorn near the vault window and he (Burton) said:
    "If you had stayed at that window, you might have caught the thieves," and Schermerhorn replied: "I wasn't at the window." Burton said he then told Schermerhorn, "I am the man you spoke to, last night."
    Under cross-examination Burton admitted he had several talks with Schermerhorn in the city park and other places, and had urged him "to come clean and resign, and have your friends intercede with the district attorney."
    Burton testified "he seemed to be afraid if he resigned they wouldn't dismiss the indictment." He insisted that the meetings had been agreeable to Schermerhorn, though defense counsel tried to make it otherwise. Burton admitted Schermerhorn told him: "I went into the office clean, and I'm going out clean."
    Burton was a voluble witness, and had to be admonished by the court several times. Burton said he "sauntered down to the courthouse after he had been chased away from a friend's house, where he was playing pinochle, as Andy's wife said he had to go to bed and get some sleep so he can get up in the morning."
    County Commissioner R. E. Nealon testified that a few weeks after the ballot robbery, he had said to Schermerhorn:
    "Like a lot of other people, I feel sorry for you, for we feel you have been pulled into this, until they have you under their control." Schermerhorn replied, "They have not got that much pull."
    Commissioner Nealon said when the commissioners voted to put on a night watchman after the ballot robbery County Judge Fehl objected and called Schermerhorn and asked him "if the sheriff's office couldn't handle the situation?" Schermerhorn was reluctant to make a definite reply. The commissioners appointed a night-watchman, over Fehl's objection, and the next day Schermerhorn deputized him.
    Commissioner Nealon said he told Schermerhorn, "People can't see how the robbery was committed without the sheriff's office knowing something about it--right under the sheriff's windows."
    Schermerhorn told Nealon he had been on the west side and the south side of the courthouse on the robbery night, and that he saw "them fellows, or those fellows crawling out of the window, but thought they had a bottle of whiskey hid in a tree," Commissioner Nealon testified.
    William Rosenbaum, airport mechanic, testified that he attended the "Congress" at the courthouse on the ballot theft night, and heard Fehl ask the audience, "how many want a recount," and a few answered in the affirmative, and Fehl then declared "he would see there would be no recount."
    Rosenbaum testified he saw Fehl and Schermerhorn talking on the south side of the courthouse and they were joined by Newton C. Chaney, who soon left for home. He said when Fehl first appeared on the south side, a "young kid said, 'What's the matter, Fehl, won't they let you stay inside?' and Fehl asked, 'Who said that?'"
    Rosenbaum said he saw Oliver Martin standing at the southwest corner, and that Schermerhorn also held a conference with him.
    Leonard Hall, editor of the Jacksonville Miner, and a figure in the turmoil last winter, testified that he was at one of the windows on the south side of the courthouse, looking inside at the "Congress," and was there from 8 till about 11 o'clock. Hall said he saw Oliver Martin standing out 20 feet from the southwest corner, and "seemed to be the hub of things and delivering messages." He said Schermerhorn came out from behind the building and Hall saw Fehl on the south side, also Brecheen and Jones talking to Martin, and Fehl and Jones talking. He said Jones "kept prowling up and down."
    Hall said he saw Schermerhorn at the Mail Tribune office about 11 o'clock that night and he was "nervous," that he came without an invitation, and forced his way into the conversation. The latter revelation was ordered stricken by the court. Rosenbaum testified that he also saw Schermerhorn at the Mail Tribune, but he only remained a few minutes.
    Earl York, a postal clerk, testified that on the way home from the Elks he stopped at the courthouse and saw Schermerhorn coming around from the rear and talk to Martin. York said he lingered between 10 o'clock and 10:30 o'clock and the outside crowd had started to thin.
    Sam Carey, former ad solicitor for the News, testified Schermerhorn called and said he was "going to the Mail Tribune to give them a story about the recount" and returned in a few minutes. The evidence showed that Schermerhorn was in the Mail Tribune for close to an hour talking to printers, scribes, and the night watchman on duty during the height of the Banks-fomented agitation.
    Attorney Frank Van Dyke testified that the day the robbery was discovered he met Schermerhorn on the second floor of the courthouse, and Schermerhorn, after a few conversational remarks, said: "I used to be in the secret service in Colorado, and if I was handling this case, I would let it drop for a couple of months, and then start a quiet investigation."
Medford Mail Tribune, July 12, 1933, page 8


    Amos Walker of Central Point, called as a witness this morning by the defense in behalf of suspended Sheriff Gordon L. Schermerhorn, charged with ballot theft, admitted under cross-examination of the state that last Saturday morning, at the instigation of County Judge Earl R. Fehl, also under indictment for ballot stealing, he (Walker) had gone to the home of George B. McClain of Phoenix, to determine how McClain stood. At the time, McClain was a member of the Schermerhorn jury. Walker was ordered cited for contempt.
    The court, upon Walker's surprising word, said to him:
    "You mean to tell me that you were around a juror's home while that man was on the jury, inquiring as to his attitude in this case?"
    Walker replied that he had gone to the McClain home, under orders of Fehl to "find out what he could," and said that he had talked to Mrs. McClain, and some of the neighbors.
    "Someone is in contempt of court. I submit this question to the district attorney's office," said the judge.
    Assistant Attorney General Ralph E. Moody informed the court the state could produce witnesses and conversations.
    In the absence of the jury, following a recess, Attorney F. J. Newman for the defense filed a motion asking that the Schermerhorn jury be dismissed, and that a mistrial be declared, on the grounds that the court's remarks and the contempt charge incident were "prejudicial."
    Judge George F. Skipworth overruled the motion, declaring that the contempt incident was competent as evidence, as showing the motives and activities of Walker, "and the court would be derelict in its duties, [omission] attention of the district attorney."
    Walker, in response to a state query under cross-examination, denied that he had followed a similar course with other jurors.
    Walker insisted that he had acted under the direction of County Judge Fehl, scheduled to face a jury on a ballot theft charge, upon the completion of the Schermerhorn case.
    Relative to his conversation with the wife of McClain, Walker had a hazy recollection.
    Walker admitted that he had a conversation the first of the week with Justice of the Peace William R. Coleman, regarding his mission.
    Attorneys Newman and Von Schmalz for the defense stated that they knew nothing of the Fehl-inspired actions of Walker, until told in court.
    The revelations came as a bombshell to the dull morning proceedings, and stunned the crowded court room.
    The defense questioned Walker and he endeavored to minimize his acts, but adhered to his testimony that he had "gone to the McClain home, under orders from Fehl." The defense contended in its questioning that Walker had acted to secure evidence of statements made by McClain and his sentiments relative to ballot theft.
    McClain was dismissed from the jury last Tuesday, after he had been sworn in the Schermerhorn trial, upon an affidavit by the defense that his daughter, Mrs. Dorothy Watkins, had an altercation with  Mrs. Effie Lewis of this city when she called at the latter's home with a petition to Governor Meier not to remove Schermerhorn as sheriff. Mrs. Lewis was a defense witness in the murder trial of L. A Banks, former local agitator and convicted slayer.
    Mrs. Watkins claimed she slapped Mrs. Lewis when she allegedly justified the slaying of Constable Prescott by Banks. Mrs. Lewis claimed the dispute was over signing the Schermerhorn petition. The incident occurred March 25 last.
    Walker has been more or less in the limelight since County Judge Fehl assumed office. Testimony in the Schermerhorn ouster trial showed that Walker was named a deputy sheriff January 2 last, at the instigation of Fehl. Later he was named probation officer for the county judge. The county court refused to pay the salary. June 29 last, Walker was again appointed probation officer by Fehl "to serve during the pleasure of the county judge" and "to look after delinquent, dependent, and neglected children."
    July 5 the county court served notice on Walker that no funds were available to pay him, that no provision had been made for his appointment, and that his services were dispensed with.
Medford Mail Tribune, July 13, 1933, page 1


    The official stenographic report of Judge Skipworth's word, also question of counsel and replies of witness Amos W. Walker, relative to citation for contempt and revealments of jury tampering, in circuit court this morning in the trial of suspended Sheriff Gordon L. Schermerhorn, is as follows:
    On cross-examination by attorney Moody :
    Q. Now on last Saturday morning you called at the residence of Mr. McClain, who was a juror selected in this panel, to inquire as to how he stood, from the members of the family, did you not?
    Von Schmalz: We object to that as incompetent, irrelevant and immaterial.
    The Court: The objection will be overruled. It certainly goes to the motive of this witness and is competent. You may answer the question.
    A. Yes, sir.
    Q. Who sent you there?
    A. The defense.
    Q. That is general--particularize.
    A. I think Judge Fehl asked me to go out there.
    Q. What did he ask you there to do?
    A. To inquire around about some particular thing that he had said.
    Q. Yes, and you talked to Mrs. McClain, did you not, at that time--the wife of the juror--and asked her how he stood on this case?
    A. No, sir; I did not.
    Q. You had a conversation with her?
    A. I did.
    *    *    *
    The Court: Was McClain on the jury when you were making these inquiries?
    A. I don't know.
    The Court: You mean to tell me you were around the juror's home while this man was on the jury, inquiring as to his attitude in this case?
    A. No, sir; I never inquired.
    The Court: You knew he was on the jury at the time you made the different inquiries you did make, didn't you?
    A. I knew he was drawn on the jury, yes, sir.
    The Court: And you knew he had been drawn as a juror in this cause?
    A. Yes, sir.
    The Court: You did, and Judge Fehl sent you out there?
    A. Yes, sir.
    Q. And you went and did what he told you to do?
    A. No, I didn't.
    Q. What did he tell you to do?
    A. He told me to find out what I could about Mr. McClain.
    The Court: Someone is in contempt of court on this.
    Mr. Newman: I don't think so.
    The Court: I do. I submit this question to the district attorney
    Mr. Moody: If the court please, I will produce the witnesses before your honor at any time as to who he talked to and what the conversation was.
Medford Mail Tribune, July 13, 1933, page 1


    Ralph G. Jennings, former sheriff of Jackson County, and on the face of the official count defeated by 123 votes by suspended Sheriff Gordon L. Schermerhorn, now on trial for ballot theft, was called as a witness this morning by the defense, but was not allowed to testify when the court sustained a state objection that his testimony would be "hearsay and inferential."
    Attorney Frank J. Newman, for the defense, in urging the admissibility of Jennings' testimony, told the court, "It is the theory of the defense--and we wish it understood that we are in nowise casting any suspicion upon Mrs. Jennings--that the ballot theft was inspired by persons other than Schermerhorn and Glenn. There has been evidence introduced attempting to show that Schermerhorn and Glenn induced the Sextons to commit the crime. The defense holds they did not."
    The court sustained the state's objection and Jennings was excused.
    Jennings, it is understood, would have testified that after the recount had been ordered February 20 last, an aged woman resident of Jacksonville telephoned him and said she had heard the ballots would be stolen, and advised Jennings to watch the ballot pouches.
    The next day, after the robbery discovery, Jennings said off the witness stand that he had visited the aged woman and found it was "just an old lady's whim, and she was following a hunch that something would happen to the ballots."
    Jennings was dismissed after a few perfunctory questions.
    O. O. Clancy, a jail inmate, testified that John Glenn, former jailer and acquitted July 4, had told him the morning following the robbery that "suspicion points to Paul Jennings." Clancy testified in the present trial that for several days after the robbery, Glenn often said "suspicion points to the Jennings." The same propaganda was widely circulated over the county with the rumor "the same people stole the ballots who stole the whiskey."
    Mrs. Electa A. Fehl, wife of the county judge, testified for the defense. She said she was not a member of the self-styled "Good Government Congress," and neither was her husband. Mrs. Fehl also listed those at the Banks bond meeting and said ballots were not mentioned.
    Mrs. Fehl further testified she and her husband, Walter J. Jones, the convicted mayor of Rogue River, and his wife, and A. L. Hugg and wife, kin of Jones, arrived at the court house to attend "Congress" about 8 o'clock the night before the vote-stealing, after dining at her home.
    A half dozen state witnesses have testified that Jones and Fehl and other co-defendants were on the first floor of the courthouse at 7:45 that tight, talking to the Sexton brothers relative to the ballot robbery plans.
    The defense opened, and the state closed its direct case this morning, following minor cross-questioning of W. J. Looker, court reporter, and Mrs. Mary Wilson by the defense.
    Mrs. Wilson had testified for the state she saw Schermerhorn on Laurel Street between 9:05 and 9:25, on the robbery night. Mrs. Wilson said she also saw a man who was a city policeman, but could not identify. She also testified that she saw no auto leave the rear courtyard about 9:30, as Sergeant O'Brien testified Wednesday.
    Looker was questioned relative to the acoustics of the women's ward of the city jail, where he admitted he took shorthand notes of a conversation between the Sextons and Schermerhorn, shortly after the ousted official was arrested February 25. Looker testified he was interrupted only "four or five times" by the auto traffic. The defense contended the traffic would prevent a complete report.
    Sheriff H. E. Hess of Coos [County] testified that the reputation of the Sexton father and sons in the coast county was "bad" for truth and veracity. Under state cross-examination attorney Moody boomed once at Hess, "Answer the question, and no argument from you please!" The state questions to Hess over a minor charge and the management of a stock farm were not allowed by the court.
    P. W. Culver, deputy sheriff, Myrtle Point, and William Howe, night marshal at Coquille, also said the Sextons' reputation for truth was "bad."
    Amos W. Walker, on his direct examination by the defense, and before the revealments in the contempt surprise, testified that he was around the courthouse February 20 until 7:00 o'clock. He said Schermerhorn, Jones, Glenn, Brecheen, Chuck Davis, Fehl, Mrs. Fehl and others were in the county judge's office with L. A. Banks arranging bonds for Banks on criminal libel charges.
    Under examination Walker stated, "I have the thought we all left together about 7 o'clock."
    Under cross-examination, Walker admitted that he could have left before Glenn, Brecheen, Schermerhorn, Jones, Fehl and others the state holds were the ballot theft master minds.
    Walker also testified that between February 22 and 25, when Fehl disappeared following his indictment, he had driven Fehl to Salem.
    At this point the contempt charges came up.
    C. A. Pinkston, a Thompson Creek farmer, was called as a character witness against the Sextons. He formerly lived in Coos County. Pinkston's testimony was indefinite.
    Under cross-examination Pinkston testified that "a Mr. Hugg," a son-in-law of Walter J. Jones, had first broached him to be a character witness. He said Hugg came to his home and said he was wanted as a witness. Pinkston admitted he had testified in the other ballot theft trials, and thought he had talked to attorney T. J. Enright about his testimony. Pinkston said he was "a poor hand to remember names and faces," and mistook attorney Newman for attorney Enright.
Medford Mail Tribune, July 13, 1933, page 1


    Gordon L. Schermerhorn, suspended sheriff, on trial charged with ballot theft, when confined February 25 last in the women's ward of the city jail, following his arrest, "whispered admissions" and spoke "denials loudly" in more than an hour's conversation with the Sexton brothers, William J. Looker, court reporter, and Sergeant of Detectives James O'Brien of the state police testified Wednesday afternoon as the final witness for the state. The stenographic notes substantiated the main contentions of the state's chief witnesses.
    Sergeant O'Brien and court reporter Looker were stationed at the cell where Schermerhorn was placed with the Sextons. Looker was atop the cell, and Sergeant O'Brien in a bathroom. The conversation between the trio lasted one hour and fifteen minutes, it was testified.
    Looker was unable to get a stenographic report of Schermerhorn's whispering, so Sergeant O'Brien, who stood within four feet of Schermerhorn, took it down in longhand in a notebook. The defense objected to this evidence, but the objection was overruled.
    High points of Schermerhorn's whispered words, as told by O'Brien, were:
    "Don't tell anything boys," and on another occasion he called the Sexton boys closer, and said, "Don't tell. They can't get anything on you. Sit tight.
    "Did you see me standing across the street?
    "Have you told anything?
    "As long as John (Glenn, former county jailer) told you, I wanted you to help, keep it to yourself.
    "Well, if John told you he would pay you keep it to yourself."
    Schermerhorn, the evidence showed repeatedly told the Sextons to "keep your mouths shut." "Keep still," and often expressed concern that "there is a microphone on top of the cell--don't talk so loud."
    Burley Sexton did most of the talking, with Wilbur a listener, but he also assured Schermerhorn he "had told nothing."
    The stenographic notes as read by Looker showed that at one stage Schermerhorn said:
    "I'll bet you a nickel, they get Earl Fehl in this. They will arrest him just for meanness."
    Burley Sexton answered: "If they arrest everybody who was there they will have the jails full. There were 40 around back of the courthouse. Those that were not packing ballots, and driving cars, were running messages."
    Schermerhorn said, at another point: "I saw Joe Daniels out there. He said there was a secret service man around," and Burley, surprised, said: "Did Joe say there were secret service men back there? If there was, he was helping."
    Schermerhorn, the record showed, once said loudly:
    "Well, gentlemen, I don't know anything, and I saw nothing, and so it will be a short story I will have to tell."
    Schermerhorn also said: "Joe Cave is out, but I'm in here. I've got his bond in my pocket, and he's loose."
    Another bit of conversation between Schermerhorn and Burley was:
    Sexton: "What's the matter with this country anyway. What's all the 'yow-yow' about?"
    Schermerhorn answered: "It's Banks' paper. A new bunch are moving in there today."
    "Whoever planned that ballot robbery sure did a poor job of it" was another remark attributed to Burley, along with his vow, "If I ever get out of here, I am going to a country where they have no sheriffs, jails, or ballots."
    Burley told Schermerhorn:
    "If it hadn't been for John (Glenn, former jailer, acquitted July 4), and Brecheen I wouldn't be in this mess. I bet I get ten years. Well, I'm only 21. I'll be 30 when I get out, and have 20 years to live if I live that long."
    Schermerhorn, the record shows, advised the youth to "sit tight till you're out, and then settle with John."
    Schermerhorn predicted "the whole thing will blow over in a few days, and then they will turn you loose, when they find you won't tell anything. Don't tell anything. Just tell them you don't know anything."
    At one point, Schermerhorn in deep disgust said:
    "THIS IS GOOD! THIS IS GOOD!"
    Attorney Von Schmalz objected to the inflection Looker placed on the words, but was overruled by the court.
    There was an argument between Burley and Schermerhorn whether or not the former had seen him standing on Laurel Street when he drove away with his brother and R. C. Cummings, with the first four stolen ballot pouches, and the official had waved at him.
    Schermerhorn insisted, "I was not on that side of the street," and the youth closed the debate with: "Well, it sure looked like you. I saw you in the headlights. If it wasn't you, it was just like you. I waved my hand, and you waved back."
    Sergeant O'Brien testified further that about 9:30 on the night of the vote looting he "cruised by the courthouse, to see what the congress 'was doing,' and saw Schermerhorn standing on Laurel Street." His attention was then attracted to the glare of headlights moving out of the rear courtyard, and when he looked again Schermerhorn was not in sight.
    Ten minutes later O'Brien was parked at Main and Riverside streets, and saw the two Sextons pass in a Ford coupe. The next morning, when he learned of the ballot theft, his suspicion was aroused, and the Sextons came under surveillance. It later developed that the car coming out of the courtyard was driven by Cummings, with the first stolen votes, that were cast into the Rogue at Bybee bridge.
    O'Brien said when Schermerhorn was first arrested he asked why, and was told that the evidence indicated that he was involved, and showed him the note Burley Sexton had attempted to smuggle to John Glenn, asking for the promised money to procure a lawyer, and that Schermerhorn replied he was innocent, that his story would be short, and that he had not been at the courthouse, "but spent some time at the Mail Tribune." O'Brien then told the official that he had seen him on Laurel Street.
    Schermerhorn, the records showed, complained because he was not given phone privileges, and declared "my arrest is the result of spite," "they want to humiliate me" and "they think nobody can run the sheriff's office but Ralph."
    O'Brien testified that Schermerhorn had never told him of the finding of the ax, as he promised to report when it was found in the basement, but that he had given him a piece of tape-like material, found at the southwest corner. The defense insisted this had been wrapped around a hammer. The state contends a hammer was packed up the sleeve of Walter J. Jones, convicted Rogue River mayor, as he stood guard at the southwest corner.
    O'Brien further testified, under cross-examination, that any proffer of assistance in investigating from Schermerhorn would have been embarrassing for all concerned, "in view of the situation."
    Following the testimony of Looker, the court ordered a transcript of the testimony for the defense, with instructions they be given time to cross-examine him later. Court then adjourned at four o'clock until this morning.
Medford Mail Tribune, July 13, 1933, page 10


    Suspended Sheriff Gordon L Schermerhorn, longtime resident of this city and county, on trial in circuit court charged with ballot theft, took the stand this morning in his own behalf, and will be cross-examined this afternoon.
    The defendant is the final witness for the defense in its direct cause, and up to the noon recess Schermerhorn had told of his early life and activities here and in Colorado and New York. He took the stand at 11:30.
    Schermerhorn detailed a part of his movements on the night of the ballot robbery and told of his activities in relation to the filing of bonds for L. A. Banks and the meeting in the county judge's office between 5 and 6:30 or 6:45 o'clock in the evening. The bonds were signed by Walter J. Jones, mayor of Rogue River, under conviction of the same charge, and Claude Ward, a brother-in-law of Banks, also a co-defendant. Schermerhorn journeyed to the Hotel Medford, had Judge Skipworth sign the bonds, and released Banks with the understanding that the district attorney would have "to approve the bonds in the morning."
    Schermerhorn testified that he advised Banks against having his wife acting as one of the bondsmen.
    The suspended sheriff testified that after the bond transaction he then went to his home on North Grape Street for supper and returned to the courthouse, going to his office by the sheriff's entry about 8:00 o'clock. He had an appointment to meet attorney T. J. Enright, he said.
    Schermerhorn was in the midst of his testimony at the noon recess.
    It is now expected that the evidence will be completed by tomorrow noon, when the closing arguments will start. It is forecast that the case may be in the hands of the jury by tomorrow evening.
    William T. Grieve of Prospect, foreman of the February grand jury, called by the defense as a witness, was dismissed when the court sustained the state's objection to his testimony on the grounds it would be a revealment of grand jury.
    The jury was excused, while attorney Newman for the defense made a proffer of proof. The defense offered to show by Grieve that Deputy District Attorney Nieilson had told the grand jury "the investigation of the ballot theft was in the hands of the state and federal authorities, as ballots cast in a national election had been stolen."
    Grieve was on the stand less than five minutes, and his testimony was brief.
    C. Jean Conner, vice-president and parliamentarian of the "Good Government Congress," and known as "bright boy" of the organization, testified to and admitted his participation in the ballot theft as in previous trials. Conner with Wilbur Sexton crawled into the vault and passed out the ballot pouches, the testimony showed.
    Conner, under cross-examination, testified that he saw Schermerhorn about 7:35 o'clock, near the sheriff's door in the rear, and that he had a flashlight in his hands.
    Conner admitted he had signed two statements, and claimed discrepancies in them, but was unable to point out in what vital particular. He claimed he was given thinly veiled hints of immunity by officers, which prompted his statements. He claimed his mother was told, "You have nothing to worry about; your boy will never go to the penitentiary," and that the officers said "we are not after you kids; we want the leaders who put you up to it."
    Attorney Moody asked Conner once: "See if you can answer this question without making a speech?"
    Newton C. Chaney testified that he was around the courthouse the night of the ballot robbery. Chaney denied that he had been in the county jail early in the evening, or that he had a conversation with Fehl and Schermerhorn on the south side. Chaney said he saw Fehl coming from the southwest corner and just said "hello" and that Fehl seemed to "be bothered about something." Chaney denied that he had had a talk with Chuck Davis, Fehl and Joe Daniels. when watches were compared at 9:55. Chaney said he came to the courthouse about 9 o'clock and remained an hour.
    State witnesses testified that Chaney was present at a jail conference, and that Chaney and Fehl and Schermerhorn had talked on the south side of the courthouse.
    C. W. (Chuck) Davis, who entered a plea of guilty, testified that he had not seen Schermerhorn on the night of the ballot robbery. O. O. Clancy, a jail inmate, testified that Davis, Schermerhorn, Glenn and Brecheen had conferred in the jail a short time before the robbery,
    Robert Bell, janitor, testified that Schermerhorn was not in his office about 10 o'clock as Burley Sexton testified, and differed with Deputy District Attorney Neilson on minor details and the time when the ax was found in the basement.
    Charles Morningstar, fireman, testified that he was present in the basement when the search for evidence in the ashes was started and that Schermerhorn had instructed him to give the state police and city police assistance.
    J. Frank Wortman of Phoenix, foreman of the LaDieu jury that returned a verdict of guilty, J. A. Perry, fruitgrower and banker, A. C. Hubbard, merchant, and Dr. J. A. Gitzen, next-door neighbor of Schermerhorn's, testified to his good reputation for truth and law-abiding qualities. All had known the defendant for many years, and admitted under state questioning that they had not made inquiries about his reputation since the ballot thefts became a subject of public discussion. The court ruled that the testimony should apply only to the period before the ballot robbery.
    Dr. Gitzen caused laughter when he testified, "Schermerhorn was a square shooter in a horse trade, and that's what counts in that business."
    Mrs. Shelly, a kin of Schermerhorn, testified that Schermerhorn came home to supper on the ballot robbery night about seven o'clock, and came home for the night shortly after 11 o'clock.
    Attorney T. J. Enright testified that he had an appointment with Schermerhorn on the ballot theft night, but had been unable to keep it. The state asked one question of Enright--that he had been counsel for a number of the defendants.
    Most of the defense testimony was for the purpose of refuting salient points in the state's case.
Medford Mail Tribune, July 14, 1933, page 1


    The jury in the case of suspended Sheriff Gordon L. Schermerhorn, charged with ballot theft, was still out at five o'clock. The jury, which started its deliberations at shortly after two o'clock Saturday afternoon, was served sandwiches and coffee at midnight.
    Owing to the heat, the deliberations were carried on in the main court room, behind locked doors with bailiffs on guard, instead of in the stuffy regular jury room.
    No intimation came from the jury as to how the voting stood.
    The jury went to supper shortly after six o'clock, and hurried back to the court room.
    The court was prepared to receive the verdict at any hour it might be returned.
    Considerable interest was manifested in the outcome of the trial, scores of phone calls being received by the Mail Tribune during the early hours of the night.
    Outside guards kept crowds and autoists from gathering at the court house.
    The case was placed in the hands of the jury shortly after two o'clock, following the instructions of the court, which required 35 minutes.
    The closing arguments of Assistant Attorney General Ralph E. Moody were completed at 12:15. By agreement each side was allowed two hours for their presentations, and the court held them to the time.
    Attorney Frank J. Newman made the closing plea for the defense, and at one juncture was reminded by the court "to address your remarks to the jury--not the opposing counsel." Newman bitterly flayed the prosecution and the state police.
    "We are not seeking sympathy, but we do want justice," Newman declared early in his address, "and if Gordon Schermerhorn can be convicted upon such dirty flimsy evidence, the liberty of every citizen is in jeopardy."
    "If I had an imagination like Moody, I would not waste my time practicing law--I would be writing thrillers for the movies," was another observation of the defense chief.
    "The damnable press of Jackson County has been firmly and determinedly prejudicing the minds of the people against the ballot thefts and the defendants in that crime."
    Attorney Newman also declared, "We admit Mr. Schermerhorn was unfortunate in some of his associations," and said that Carl Y. Tengwald "owes this jury an apology for his testimony giving the Sextons a good character."
    "We demand to know why Phil Lowd, a deputy sheriff, did not report the loaning of his auto to his chief, instead of making a statement in the office of Porter J. Neff" was another statement of the defense counsel.
    Attorney Newman stressed the statement introduced by the state revealing a conversation between the Sexton brothers and Schermerhorn in the city jail shortly after his arrest, and declared it contained nothing incriminating against Schermerhorn, "who had kindly advice for the boys."
    The defense declared that the facts of John Glenn were not binding upon the defendant, and that the ballot thefts were "a dastardly crime with which this defendant had nothing to do."
    Attorney Newman also attacked the testimony of O. O. Clancy, jail inmate, who testified to Schermerhorn's purported visit to the county jail for conferences on the evening of the vote stealing.
    Attorney Von Schmalz, in his argument for the defense, stressed the testimony of Harley Hall, Little Applegate farmer and member of the Jones jury, who testified that Wesley McKitrick had told him ten days before that the crime would be committed, and that Schermerhorn would "know nothing about it." Attorney Von Schmalz declared, referring to the opening argument of the state, "never in my life have I heard such an argument."
    High spots of the address of Assistant Attorney General Moody for the state were:
    "Counsel for defense admits that Schermerhorn was unfortunate in his associations. He did his own choosing, he picked his friends. Like Old Dog Tray, he is a victim of bad company."
    "I thank counsel for his compliment upon my imagination, and that I should be writing fiction instead of practicing the law. Truth is stranger than fiction. Nobody would believe, if they did not know it for an absolute fact, that under the nose of the sheriff and within earshot of the county judge's office ballots could be stolen, until as one of the Sextons said, 'The yard was full of them.'
    "What was Schermerhorn doing around the courthouse from eight to eleven o'clock that night? Who was he with? What was he doing? He was in the rear, coming around the corner. He was with Oliver Martin, one of the guards, and Jones, the convicted mayor of Rogue River.
    "Why was Schermerhorn conferring with the leaders--Brecheen, Jones, LaDieu, Glenn and Fehl--in his private office, about the procuring of bonds for ballot theft charges before they had been arrested?
    "He was all around the courthouse that night, and what does this jury think of his actions?
    "The defense attempts to impeach the testimony of Clancy with a doctored record, and the state proved that Schermerhorn knew Bunch was in jail on the day and date that the records show he was.
    "Schermerhorn's alibi is that he went to the 'News' office to tell them what they already knew--that the editor of that paper had been arrested. He went to the Mail Tribune to tell them too. And all he talked to there was the night watchman. He was trying to cook up an alibi.
    "Why did he tell Olga Anderson and Mary Sweeney, on the night of the robbery, that he was going to the county jail and then get on the stand and deny it? Why did he tell these women, 'I've got to be in bed by 9:30' and a few days later tell them not to forget it?
    "Nobody but Schermerhorn benefited by this crime, directly. There were others interested--but Schermerhorn was the direct beneficiary.… They did just the things that were necessary to stop the recount, up to the time of the robbery.
    "Old man Fleming has never told all he knows about this crime. Other state witnesses have followed the same course... They were trying to protect themselves.
    "All that is necessary is the use of common sense, as you would use in your own private affairs, to arrive at a just verdict.... Sympathy is not for the just administration of our laws.
    "The state cannot protect the innocent, if juries will not convict the guilty.
    "The state has proven the guilt of Gordon L. Schermerhorn beyond any possible show of reasonable doubt, conclusively and completely."
    Cross-examination of Schermerhorn was fairly short Friday afternoon. Schermerhorn admitted that LaDieu, Glenn, Brecheen and others involved had conferred with him in his private office following the ballot robbery, relative to providing bonds in anticipation of arrest. The accused sheriff admitted he had not reported this to the district attorney or state police.
    Schermerhorn contended that his attendance at the meeting in the county court offices with many of the central figures in the crime was for the purpose of arranging bonds for L. A. Banks. The state contended it did not require from five to nearly seven o'clock to prepare a page and one-half of typewritten matter.
    Schermerhorn also admitted that Elton Watkins of Portland, his attorney in the recount suit, was present in the county judge's office. This had never been mentioned by any of the other witnesses.
    Schermerhorn also corrected himself at one stage of his testimony when he said, "that was after I was up in the jail."
    The denial brought from attorney Moody... "O! that is just a slip is it?"
    Schermerhorn denied he had been in the county jail that evening, as the state has held.
    Sheriff Percy Webb of Douglas County, and Deputy Grant Perry, testified that they removed T. Jackson Bunch from the county jail to Roseburg on February 22. John Glenn, former jailer, testified that it was on February 19th. Records of Jackson and Douglas counties were introduced to show that Bunch was incarcerated here, as Clancy testified he was.
    W. J. Looker, court reporter, was also called as a rebuttal witness for the state.
    Carl Y. Tengwald, National Guard company officer, was called to testify to the good character of the Sexton brothers, while members of the company.
Medford Mail Tribune, July 16, 1933, page 1


    Arthur Perry of the Medford Mail Tribune, in his column, "Ye Smudge Pot,'' offers the opinion that the other districts believe "Southern Oregon in general, and Jackson County in particular, is a region of renegades, and violent men of dark crimes, where there are blotches on the sun, and blood on the moon." And this he denies with patriot vigor, while appealing to Oregon citizens to remember the natural beauty and charm, and the regional virtues, of one of the loveliest and most neighborly sections of the commonwealth.
    The Oregonian probably is as well qualified as any other newspaper, not published in Southern Oregon, to speak for the opinion of general observers. And while it is undeniably true that the troubles of Jackson County have been much in the press of late as matters of current news, we find nowhere even the vestige of a conclusion that Southern Oregon is largely populated by desperadoes. Indeed, a contrary opinion prevails, and this opinion has it that a great majority of Jackson County citizens, law-abiding and reasonable, has been at grips with a minor and cantankerous element that did not scruple to employ criminality to serve its mistaken ends. The rest of the state has always believed that the better citizenship of Southern Oregon must surely prevail, as it is now prevailing.
    Other regions of the state, as Mr. Perry more than intimates, have in their times been stirred by serious factional disorders, by crimes and bold misdemeanors, and are in no position to point the finger of disdain. What the Oregonian would wish to establish is that these regions have not indicated Southern Oregon as a community lost to a proper sense of citizenship. There has been a deal of sympathy, but little of criticism, and much of hope--and faith--that justice and the better citizenship would restore order. The disorders in Jackson County, which culminated in ballot theft and murder, are at an end. They were the misfortune of Southern Oregon, rather than the manifestation. And the state at large realizes this.
    The real Southern Oregon remains unsmirched--as the friendly, hospitable, more than lovely district it has always been, where fine citizenship is the rule rather than the exception.--Oregonian.
Medford Mail Tribune, July 16, 1933, page 4


    An order declaring the office of sheriff vacant, and re-appointing Walter J. Olmscheid to the post, was made by the county court this morning.
    The order was signed by Commissioners R. E. Nealon and Ralph S. Billings, with County Judge Earl H. Fehl taking no action. The county judge was apprised of the intention of the county commissioners to consider the matter but declined to leave the circuit courtroom, where he was present at the drawing of the jury for his trial for ballot theft, scheduled to start tomorrow.
    The order of the county court, made in accordance with provisions of Oregon law, is as follows:
    "Whereas on July 16, 1933, Gordon L. Schermerhorn was convicted in the circuit court of the state of Oregon, county of Jackson, of the crime of burglary not in a dwelling.
    "And, whereas, by reason of such conviction the office of the sheriff of Jackson County has become, and is now, vacant,
    "Now, therefore, it is hereby ordered that Walter J. Olmscheid be and hereby is appointed to fill such vacancy and to hold office until his successor is elected and qualified.
    "Dated this 17th day of July, A D. 1933.
    The county judge did not sign the order.
    The county court will meet at two o'clock this afternoon, to consider, as a matter of form, new bonds prepared last week by Schermerhorn. Private citizens are listed as sureties on the bonds. They include R. M. Conley, Prof. C. Engelhardt, and John Glenn and wife. Glenn, former county jailer, was acquitted by circuit court jury, July 4, on a ballot theft charge.
    Schermerhorn appeared in court this morning with counsel, prepared to return to the office, if and when his bonds were approved. His attorney, Frank J. Newman, threatened mandamus proceedings to compel the court to accept them.
    Attorney Newman in the course of his comment declared, "No official can now get a surety bond in Jackson County." Deputy District Attorney Neilson protested the remark.
    Bonds of appointee-Sheriff Olmscheid, provided when he was named by the governor to the post when Schermerhorn was ousted by executive order, have nine months to run. Olmscheid was originally appointed for a 90-day period, which expired July 8 last.
    The court held that Olmscheid was "sheriff de facto," and further commented that it was "moot question" he did not care to decide.
    Attorney A. C. Hough, counsel for Fehl, offered to provide legal authorities upon the issue.
    The defense contended that the conviction of Schermerhorn, until it is affirmed by a high court, has no bearing upon his qualifications to act as sheriff.
    Legal action to block the appointment is anticipated, and it is expected that the opinion either of the state supreme court or the attorney general will be sought, to settle the controversy.
    The state's interests in the absence of Assistant Attorney General Moody, on his honeymoon, were safeguarded by Deputy District Attorney George W. Neilson. Moody is expected to return late today.
    Owing to the controversy, Coroner Frank Perl was directed by the court to draw the jury list in the Fehl ballot theft case, which starts in the morning.
    The law provides that when the sheriff is disqualified from acting for any reason. the coroner shall perform the duties. Coroner Perl was delegated by the court to summon the jury list to report at 9:30 o'clock in the morning. The sheriff's office will aid him in this work.
Medford Mail Tribune, July 17, 1933, page 1


    Attorneys for Gordon L. Schermerhorn this morning were granted ten days in which to file a motion for a new trial.
    Attorney Von Schmalz said the new trial plea would be based upon opening statements of Assistant Attorney General Ralph E. Moody, in which he mentioned Schermerhorn's absence in California before the recount; the Walker episode, wherein the wife of one of the jurors was interviewed; certain evidence admitted over the objections of the defense, and evidence proffered by the defense but not accepted.
    The present bonds of $7500, with Jens Jensen and Tom L. Taylor as sureties, was ordered continued by the court.
    Gordon L. Schermerhorn, suspended sheriff, and for 40 years a resident of this county, was found guilty of ballot theft complicity by a circuit court jury, Sunday after 18 hours deliberation. The verdict was returned Sunday morning at 8:20 o'clock. They retired at 2:10 Saturday afternoon.
    Dr. W. E. Blake of Ashland was foreman.
    Schermerhorn received the verdict without any show of emotion.
    Though it has been agreed among the jurors, they would tell nothing of their long vigil. It is reported from a highly reliable source that the vote stood ten to two for conviction until six o'clock Saturday evening, and from then until the conclusion at 11 to one for conviction.
    The state presented its strongest chain of evidence, to date, against Schermerhorn, fourth of the score accused in the crime.
    In the final stages of the deliberations, it was reported, recommendations of leniency were broached, but were not embodied in the verdict.
    The jury composed of nine men and three women was worn and weary from their long siege, which was aggravated by the heat. They rested throughout the night on the courtroom benches and in the jury chairs. They left for their homes Sunday morning, as soon as the verdict was received.
    The jury personnel was:
    The fact that Schermerhorn had heretofore borne a good reputation and possessed scores of friends, particularly among the older residents of the county, is said to have weighed heavily with the jury.
    The state introduced evidence to show that Schermerhorn was around and about the rear of the courthouse on the night of the vote-stealing. A statement showing conversation between Schermerhorn and the Sexton brothers, in the city jail, was admitted by Schermerhorn as "practically correct," though he denied he whispered any part of it. Schermerhorn also admitted that he had held conferences in his private office with Glenn, Brecheen, LaDieu, Fehl, and other asserted leaders of the plot, relative to the securing of bonds before they were arrested.
    Counsel for Schermerhorn also admitted in closing arguments that "some of Schermerhorn's associations have been unfortunate." The defense counsel attacked the state police, and "the damnable press of Jackson County, which has firmly and determinedly prejudiced the public, against the ballot thefts and the defendants."
    R. H. Burton, one of the state witnesses, testified that he had conferred with Schermerhorn on several occasions, and endeavored to have him "resign and come clean," in the belief that leniency would be extended by the prosecution. Schermerhorn refused the proffer, with the words, "I went into the office clean, and will go out the same way."
Medford Mail Tribune, July 17, 1933, page 1


    Gordon L. Schermerhorn, former sheriff, found guilty of ballot theft by a circuit court jury, this morning through his attorneys filed a motion for a new trial based upon the following main contentions:
    Irregularity in the proceedings of court, jury, or adverse party, or any order of the court, or abuse of discretion.
    Misconduct of the jury.
    Insufficiency of the evidence to justify the verdict, and that such verdict is against law.
    Error at law occurring at the trial and excepted to by the defendant.
    Supporting affidavits attached as exhibits to the motion, and deposed and signed by H. Von Schmalz, one of Schermerhorn's counsel, make the following allegations:
    That the jury was "drawn in a wrongful, illegal, highly unfair and prejudicial manner."
    That Sheriff Olmscheid, directed by the court to draw the jury panel, was occupying the office "rightfully and legally belonging to the defendant"; and further contending that the jury panel should have been drawn from the registered voters' list instead of the tax rolls of the county. The motion also holds that the manner of drawing the jury was prejudicial to Schermerhorn, and that the drawing of the Fehl fury later from the voters' list and consequent dismissal by the court, and the granting of a change of venue to Klamath County, for Fehl, was prejudicial to Schermerhorn and against his receiving "a fair and impartial trial."
    Jurors E. C. Faber of Central Point, Harold Crump of the Applegate, Dr. W. E. Blake (foreman of the jury), and Mrs. Elsie Churchman, both of Ashland; Fred W. Nelson and Thomas Gifford of this city come under the defense fire in affidavits of attorneyVon Schmalz.
Medford Mail Tribune, July 20, 1933, page 1


    KLAMATH FALLS, July 27.--Residents of Rogue River, attending the Fehl ballot theft conspiracy trial here, bring the news that Walter J. Jones, convicted of ballot theft, has resigned as mayor of Rogue River, and that "Daddy" Snow has been named to fill the vacancy.
    Jones was the second of the ballot theft defendants to be convicted, and the evidence showed that he was the "signalman," and "generalissimo" of the crime.
    Jones, in January, when the Banks demonstrations at the courthouse flourished, presented a petition demanding the resignation of Commissioner R. E. Nealon. He was named road supervisor by Fehl, and later resigned that post.
    Jones is scheduled to be called as a witness for the Fehl defense. Gordon L. Schermerhorn, former sheriff, also convicted, and John Glenn, former county jailer and pensioned Spanish-American War veteran, acquitted on the Fourth of July, by a jury of which Charles Blaess was foreman, are also slated as defense witnesses.
Medford Mail Tribune, July 27, 1933, page 5


    KLAMATH FALLS, Aug. 3.--Claude Ward, brother-in-law of L. A. Banks, through his attorney, W. E. Phipps, yesterday demanded a separate trial on the charge of ballot theft complicity. The motion for severance was granted by Circuit Judge George F. Skipworth.
    Ward, with Oliver Martin, J. Croft and Tom L. Brecheen, joined with Fehl in seeking a change of venue to Klamath County.
    Attorneys for Croft, Martin and Brecheen agreed to be tried together, and Ward was included in the arrangement, without his consent.
    The trial of Martin, Croft and Brecheen is scheduled to start as soon as possible after the Fehl trial is completed.
    Brecheen, the testimony of the state in all previous trials has shown, was active around the courthouse on the night of the ballot-stealing, both inside and outside, and to have urged the Sexton brothers to take more ballots after the first four pouches were removed. Testimony also showed Brecheen was a frequent table guest at the county jail, a friend of Fehl and Glenn, and conspicuous around the courthouse during the period when the Banks-bred turmoil was at its height last January and February. Witnesses have also testified that Brecheen slept in the woman's ward of the county jail the night after the ballot robbery. Brecheen is the only one of the ballot case defendants to remain in jail without bonds since his arrest last February.
    Oliver Martin, a former resident of Klamath Falls, and described by one prospective juror as "an unsuccessful farmer," is alleged by the state and corroborated by witnesses in the other trials to have been the "central guard" at the southwest corner and to have relayed messages from the rear.
    Croft is still in jail, but enjoyed a short period of liberty. Mrs. Ernest Dahack of Eagle Point withdrew as a bondswoman, and Croft was placed in custody again. He is known as "the man with the horsehair coat." The state claims he was one of those present in Fehl's office on the evening before the robbery, when it is asserted that plans for the robbery were discussed.
Medford Mail Tribune, August 3, 1933, page 1


    C. W. "Chuck" Davis, 36, local machinist, who had entered a guilty plea to participation in the ballot thefts, is being held on an open charge in the county jail as a result of the death of Joseph Baron "Bud" Johnston, 62, last night following an altercation over the ballot cases. Johnston had a fracture of the skull from his forehead to the base of his skull.
    According to Chief of Police Clatous McCredie, Davis said he was talking to John McConochie, son of Roy McConochie, at the corner of Front and Main streets near the Hotel Allen, when Johnston came across the street and shoved into him with both hands.
    Davis told officers that Johnston called him a "---- ---- ---- stool pigeon," and that he (Davis) struck him twice.
    Captain Lee M. Bown of the state police said that Davis came to the state police office about five minutes after he had struck Johnston, knocking him to the pavement, and said he had had a fight with the man down on the street.
    Johnston was not dead at that time, Captain Bown said. The quarrel occurred about 7:40 or 7:45 o'clock, and Johnston died at eight. An ambulance, and City Physician L. D. Inskeep, were called to the Hotel Allen, but Johnston was dead.
    George Codding, district attorney, told officers that a thorough investigation of the case would be made, and that charges will be filed against Davis Monday. He did not indicate what the charges would be, as he was not familiar with the details of the case,
    Davis, who had been a city and county employee off and on for a number of years, was taken to the county jail by Chief McCredie and Captain Bown. When informed that Johnston was dead, Davis' only remark was "Oh, Hell!" officers quoted him as saying.
    The body was immediately taken to the Perl Funeral Home, and Coroner Frank Perl announced that an autopsy will be held today, and the coroner's inquest probably on Monday.
    Coroner Frank Perl said that Johnston had a fracture of the skull, which measured about 10 or 12 inches. The only other mark on his face was a slight cut opposite his left ear. Davis had told police he struck Johnston twice after Johnston attempted to hit him.
    Davis, who has lived in Medford a number of years and has a wife and son, has been at liberty for several months, following his entering a guilty plea to complicity in stealing ballots from the Jackson County courthouse. Following his arrest on February 25, Davis was held in the city jail for several days, transferred to the Josephine County jail, and was then returned to Medford and placed in the county jail.
    He was a trusty at the jail for some time, but during the LaDieu case he was allowed to go home nights, and since that time has been residing at home. He has testified for the state in all five of the ballot cases which have been held. Although admitting his guilt in the burglary, Davis vigorously denied membership in the so-called Good Government Congress.
    Davis was employed at the county machine shops during the month of January, having been hired by County Judge Earl H. Fehl, who Friday was convicted of ballot thievery. He had previously worked for the city fire department and the city water department.
    Johnston, a Spanish-American War veteran, had resided in Medford for the past 20 years. A wealthy brother who is thought to reside in Athens, Ohio, purchased an apple orchard in the valley, and according to friends of Johnston's the local man came here at that time to operate the place.
    He had been a repeater man at the Pacific Telephone and Telegraph Company, but has not been with the company for the past eight years.
    Johnston, who is survived by his wife, Eleanor, and three children aged 12, 10 and 8, has been operating a small turkey ranch on route four near the Rogue River Valley golf course. He was born in Greensburg, Pa., March 23, 1871.
    The tragic killing of Johnston Saturday night made the fourth violent killing in Jackson County since March 16, when Constable George J. Prescott was shot down by Llewellyn A. Banks, who was being served with a warrant in connection with the ballot theft.
    Bill Sheldon was killed in the Birdseye Creek section in a triangle love affair, with Fred Wolfe now in the county jail awaiting grand jury investigation in connection with the case.
    Earl Hanscom was sent to the state penitentiary about two weeks ago when he entered a guilty plea to second degree murder as the result of a fight at an Eagle Point dance which caused the death on July 9 of Albert J. Tingleaf, Eagle Point farmer.
Medford Mail Tribune, August 5, 1933, page 1


    A plea of guilty to participation in the Jackson County ballot theft was entered in the circuit court of Klamath County by Thos. L. Brecheen at 2:05 o'clock yesterday afternoon, bringing the list of confessions to the charge of burglary not in a dwelling, growing out of the ballot stealing of February 20, to nine.
    Less than 24 hours after the jury announced a verdict of guilty for County Judge Earl H. Fehl, bringing the convictions to four for the state, out of five trials, the political organizer of the Ashland district and alleged close associate of the county judge in the local turmoil appeared before Circuit Judge George F. Skipworth with attorney T. J. Enright, appointed as his counsel by the court. Announcement was received from Klamath Falls.
    Joe Croft and Oliver Martin, also members of the list of 22, indicted for the Jackson County ballot stealing and scheduled to go on trial with Brecheen tomorrow, will appear in court at 1:30 o'clock Monday afternoon.
    The same afternoon sentence will be meted out by Circuit Judge Skipworth to County Judge Fehl, who had not filed a motion for new trial late yesterday. Motion for new trial, if filed by the defense, will bring Fehl a 10 days' stay in execution, and continued release from custody if bond is approved. Still further time will also be granted the defendant if an appeal to the supreme court is made.
    Sentencing Monday will not be delayed by any motion for new trial, but execution of the sentence will pend action of Fehl and his attorneys, according to the announcement from Klamath Falls, where the judge received the verdict of guilty Friday afternoon.
    Continuing further along the legal pathway to bring the close of several chapters in the story of the ballot robbery, Circuit Judge Skipworth and Special Prosecutor Ralph E. Moody, assistant attorney general of Oregon, are scheduled to arrive in Medford Tuesday to sentence Gordon L. Schermerhorn, deposed Jackson County sheriff; Arthur LaDieu, former business manager on L. A. Banks' newspaper; Walter J. Jones, mayor of Rogue River, all convicted of complicity in the ballot theft, and the persons who have pleaded guilty.
    The next action will be taken in still another court, that of Lane County, where it was reported in the Klamath Falls announcement, L. A. Banks, convicted of murder in the second degree for the slaying of Constable George J. Prescott, will be sentenced to life imprisonment. Judge Skipworth, it was understood yesterday, will continue to Eugene Thursday to pass that sentence, which is mandatory with the conviction of second degree murder.
    Those who have entered pleas of guilty to ballot theft, in addition to Brecheen, are: C. J. Conner, the "Greenspring Mountain Boy"; Wesley McKitrick, Earl Bryant, J. V. Gaddy, C. W. "Chuck" Davis, R. C. Cummings, Wilbur Sexton and Burley Sexton. All have admitted active participation in the theft, and the last seven have testified for the state in preceding ballot trials. Conner has been a witness for the defense in the same five trials.
    The guilty plea of Brecheen yesterday reduced the prosecutions to be continued by the state to three--the cases of Croft, Martin and Claude Ward, brother-in-law of Banks, who was recently granted a motion for separate trial. The three cases were moved into jurisdiction of the Klamath County court under the change of venue granted by Judge Skipworth.
    Cases against two indicted men, Virgil Edington of Gold Hill and E. A. Fleming of Jacksonville, were dismissed upon request of the state, that they might testify in the ballot trials.
    The one acquittal gained by the defense in the five trials held brought freedom to John L. Glenn, ex-county jailer.
    The record up to date yesterday in the ballot theft history gave to the state four convictions, nine confessions, two dismissals and three prosecutions yet to be carried out. To the defense one acquittal.
     The twentieth indicted man, Banks, was convicted of second degree murder before the ballot cases came to trial. Two John Doe warrants were never served.
Medford Mail Tribune, August 5, 1933, page 1


    Gordon L. Schermerhorn, former sheriff of Jackson County, was sentenced late this afternoon to serve three years in state prison for conviction in the ballot theft conspiracy.
    Schermerhorn was sentenced following a statement in which he defended his absence in California before the recount proceedings. He declared his "home was constantly spied upon," and that "an effort was being made to arrest him."
    Tears came to Schermerhorn's eyes at one stage of his talk.
    The court, before passing sentence, said, "It is a tragedy that a man of Mr. Schermerhorn's standing and reputation should come here today to be sentenced. It is one of the saddest duties of my life to sentence you. I took a liking to you from the first time we met. My duty is plain."
    Schermerhorn's bonds were placed at $7500. The court said he would inspect them at once. Schermerhorn was remanded to the custody of the sheriff.
    Motion for a new trial was denied.
    Attorney Frank J. Newman, in arguing his motion for a new trial for Schermerhorn, based the plea upon five grounds:
    That the method of drawing the jury to try Schermerhorn was illegal; that it should have been drawn from the registered voter list, instead of the tax rolls, and in the presence of counsel and court.
    That the opening statement of Assistant Attorney General Moody, wherein he described the flight and concealment of Schermerhorn, was prejudicial.
    That the refusal of the court to allow the admission of testimony of W. T. Grieve of Prospect, foreman of the grand jury, and former Sheriff Ralph G. Jennings, was detrimental to the defendant's cause.
    That alleged statements by jurors Elsie Churchman, E. G. Fabrick, W. E. Blake and Thomas Gifford indicated they had made up their minds before they were called.
    That the remarks of the court in the Amos W. Walker contempt incident, and the incident itself, influenced the jury.
    That the court erred in allowing the entrance of the conversation between Schermerhorn and the Sexton brothers in the county jail, and the further entry of Glenn's conversation with the Sexton brothers in the same place.
    That the jury was composed of "nine business men and only three farmers, which prevented a fair and impartial trial."
    The statement by attorney Newman that "no evidence was introduced to show any connection of Schermerhorn with the crime brought from the court the comment: 'I do not see how you can make such a statement and be sincere about it.'"
    Attorney Moody for the state, in reply, said, "The affidavits introduced here are based upon idle rumor and gossip, and should never have been dignified as legal documents.
    "During the trial, counsel for Schermerhorn declared in open court they had received a fair trial, and complimented the court upon the able manner in which he conducted the case, and now, when the verdict has gone against them, cry like babies they did not receive a fair trial."
    Attorney Von Schmalz objected to Moody's comment, and reiterated that the defense had received a fair trial.
    "Think nothing of it, Mr. Von Schmalz," replied the court. "I know how lawyers act."
    The Schermerhorn new trial motion was heard at 11 o'clock and postponed until this afternoon.
Medford Mail Tribune, August 8, 1933, page 1


    Mason Burley Sexton and Wilbur Sexton, brothers, who the assistant attorney general declared "gave me invaluable evidence in clearing up the ballot theft cases." were given paroles by Circuit Judge Skipworth this afternoon.
    Wilbur Sexton was sentenced to one year in state prison, and paroled to County Engineer Paul Rynning.
    Burley Sexton was sentenced to not exceed three years in state prison, and paroled to County Engineer Rynning.
    Conditions of the parole were that the Sextons "stay off the streets of Medford, work when possible, and not hang around the courthouse."
    The court in granting leniency said, "These boys were just kids, who were the tools of those who concocted this crime, and in no way benefited."
    Granting of a parole or sentencing C. Jean Conner, vice president of the "Good Government Congress" and its parliamentarian, was postponed until nine o'clock tomorrow.
    "I hear this boy is a sort of an agitator," said the court, "and seems to be a dangerous young fellow to have around, from what I hear."
    The court said he would investigate the case further, and have personal interview with Conner.
    The state declared that a letter had been found in the L. A. Banks home written by Conner to the slayer of Constable Prescott last January, in which the "congress parliamentarian" said, "If you can't get law and order in Jackson County any other way, we will come down and get it, with the smoking muzzles of Winchesters."
    The defense declared Conner was an "Eagle Scout' in Idaho, and exhibited his honor medals.
    "His attitude has changed since he was a Boy Scout," declared the state's attorney.
    Deputy District Attorney Neilson declared that Conner and  Tryor, both crack shots, had placed tin cans and posts at Pinehurst and shot them off, with the words:
    "There goes Judge Norton"; "there goes George Codding", and "there goes Nealon."
    Attorney Von Schmalz said, "Jean has some queer notions about reforming the county, and the world, and is proof of the saying a little learning is a dangerous thing. He should learn there is nothing like minding your own business."
    Conner "swore to God, I have told the truth," and said, "I am sorry for what has happened. and what I have caused Jackson County and the state of Oregon." He spoke with uplifted hand, and wept as he closed.
    Assistant Attorney General Moody said:
    "Conner's repentance is an eleventh-hour repentance, and I have no faith in it."
    Wesley McKitrick, "captain of the Banks guards," was sentenced to one year in state prison. Extreme leniency was denied because McKitrick had previously been convicted of a felony. He was given the minimum.
    R. C. Cummings, employee of Jones, Earl Bryant and James D. Gaddy, who pled guilty, were given two years and paroled to Colonel E. E. Kelly.
    They were characterized by the court as "just plain dupes."
Medford Mail Tribune, August 8, 1933, page 1


    Appearing before the coroner's jury investigating the death of Joseph Baron (Bud) Johnston, C. W. (Chuck) Davis this afternoon demonstrated how he was leaning against the lamp post at the corner of Main and Front streets Saturday night when Johnston approached him and struck him in the ribs on the right side.
    Davis testified at the request of his attorney, Frank DeSouza, following the testimony of 14 witnesses called by officers. In his statement, Davis said that he had never had any conversation with Johnston before he came to him and uttered a vile oath and called him a stool pigeon. Davis said he did not remember saying anything to Johnston.
    Although several of the witnesses testified they could tell that Johnston had been drinking, Davis said that he couldn't smell any liquor on Johnston's breath nor could he tell if he had been drinking.
    Testimony varied somewhat with John McConochie, who was talking to Davis at the time of the altercation, saying that Davis struck Johnston five times and called him a vile name. Others said they only saw Davis strike him once.
    Witnesses called were John J. Wilkinson, Dr. C. I. Drummond, Howard Gault, Cecil Jennings, Captain Lee M. Bown, Chief of Police Clatous McCredie, John McConochie, Ray Steele, Mrs. C. R. Warner, Mrs. Alice Kincaid, Everett Cole, W. C. Hooper and Fred Gerard.
    Members of the jury were Tom Waterman, George Carstons, Charlie Adams, Hiram Meader, Stanwood Osgood and O. Ray.
Medford Mail Tribune, August 8, 1933, page 1


    Walter J. Jones, ex-mayor of Rogue River, and J. Arthur LaDieu, former business manager for the L. A. Banks newspaper here, both convicted of ballot theft, were each sentenced to "not to exceed four years in state prison" by Circuit Judge George F. Skipworth of Eugene this morning.
    Upon the passing of sentence each was remanded to the custody of the sheriff, and bonds on appeal fixed at $7500.
    Both LaDieu and Jones stood erect in court and listened to the fateful words without show of emotion. Both told the court they "had nothing to say," following pleas for leniency by their attorney.
    LaDieu was sentenced first, and his motion for a new trial was denied. The motion was based upon the claim that the court's instruction that the fact that LaDieu did not take the stand in his own behalf should not be considered by the jury.
    In support of this motion, an affidavit was presented, signed by Earl H. Fehl, former county judge, that the jury had argued the point. Fehl alleged that J. F. Wortman of Phoenix, foreman of the jury, had told him in a telephone conversation on July 4 that "If LaDieu had taken the stand, it might have been different."
    LaDieu's counsel also contended that the indictment was insufficient and did not state facts sufficient to constitute a crime.
    Attorney H. Von Schmalz of Burns asked the court to consider the fact that LaDieu "did not take the stand and commit perjury, as others might have done."
    Leniency was also asked for LaDieu on the grounds that he has a wife and three children; that he has always been "a good worker" and "was more or less a victim of circumstances."
    Assistant Attorney General Moody opposed the contentions of defense counsel. "The purpose of the burglarizing of the ballot vault was to thwart the orders of the court and, by the connivance of a few, the will of the majority was defeated. This defendant laughed and joked about how the judge would feel when he discovered the ballots were stolen. If this condition were allowed to prevail, anarchy would flourish.... The state feels that law and order should come first."
    Before passing sentence, the court said:
    "The court feels there should be no discrimination in the sentences given to the main defendants. LaDieu is no different than Judge Fehl. Both were in the affair. They were among the arch-conspirators in the commission of a heinous and outrageous crime that filled all decent people with a sense of horror. They attempted to take the law into their own hands, which is unpardonable and unthinkable."
    Jones was then brought before the bar of justice from his jail cell, whence he was placed last night following his arrest in Klamath Falls Monday.
    His counsel, Glenn R. Jacks of Oregon City, was unable to be present, and attorney T. J. Enright filed a motion for a new trial, based upon the grounds that the verdict against Jones was based upon passion and prejudice, that jurors Mary Kleinhammer, S. M. Schilling and John Peterson had misquoted the evidence, that juror Peterson had said, in the reception room of the Hotel Medford, "Jones is guilty as hell, and I am going to vote to cinch him," and that juror Mary Kleinhammer had expressed an opinion on the case. It was also contended that A. L. Hugg, a witness for the defense, had waited for a nod from Jones before answering.
    The defense motion also claimed that juror Harley Hall of the Little Applegate was taken ill and the bailiff promised to get him some medicine, but did not, and that to procure the medicine juror Hall voted "guilty" and thus ended the long deliberations.
    The court ruled, as it did in the LaDieu new trial motion, that the statement of a juror, made after his verdict, cannot be used as a means to the impeachment of their verdict.
    Leniency was asked for Jones upon the ground that Jones had always been "a good citizen," that he had been elected mayor of Rogue River, that he was formerly employed by the Forest Service, and that he had a wife and children. 
    Before sentencing Jones, the court said:
    "The court feels sorry for the family of Mr. Jones, just as it feels sorry for the families of Mr. LaDieu and Mr. Fehl. The court is human, and is subject to human emotions. Emotions do not override duty with this court.
    "Mr. Jones, like all the defendants in the ballot trials, has had a fair and impartial trial. As I said yesterday at Klamath Falls, whenever there was any doubt it was resolved in favor of the defendants. Mr. Jones had a fair trial."
    The court then denied the motion for a new trial, and ordered Jones to stand up for sentence.
    Jones is a man of past 60 years, and has been a resident of Jackson County for about 10 years. He operates a small fruit ranch near Rogue River. He first came into public notice last winter, with the assumption of office by Fehl. He was a daily visitor to the courthouse, and sprang into the limelight in the Lamkin-Bursell farce contempt proceedings, by introducing a petition for the resignation of Commissioner R. E. Nealon. He was named road commissioner by Fehl, and afterwards ousted.
    Evidence in the five ballot theft trials revealed that Jones was a moving spirit. The testimony showed that he made preparations for the breaking of the vault window by Burley Sexton, and gave the signal for the window smashing and R. C. Cummings of Rogue River to race his auto engine, while "Congress" cheered to drown the sound of breaking glass; that he was a roving guard around the courthouse on the robbery night, and that he was in conference with Fehl before and after the robbery.
    Evidence in the trial of LaDieu showed that he aided in hauling away six ballot pouches from the courthouse, with Virgil Edington and Wesley McKitrick, that he borrowed Phil Lowd's auto to cover up his tracks, and that he had arranged for L. A. Banks and wife to provide an alibi for his absence; that the six ballot pouches were taken to the home of Mayor Jones in Rogue River, who provided pitch, and the trio followed Jones' suggestion to burn the ballots at the home of McKitrick's parents.
    LaDieu has been a resident of this city for about four years. He formerly lived in Oakland, Cal., and Klamath Falls. He was identified with L. A. Banks in various newspaper capacities here.
Medford Mail Tribune, August 8, 1933, page 1


    All pending indictments arising out of the Banks-Fehl-inspired turmoil in this county were dismissed this morning by the court upon motion of Assistant Attorney General Ralph E. Moody.
    These include criminal libel, criminal syndicalism and ballot theft indictments against L. A. Banks, a criminal libel indictment against Leonard Hall, editor of the Jacksonville Miner, and criminal syndicalism indictments against a number of "Congressmen."
    The ballot theft indictment against C. W. (Chuck) Davis, confessed ballot theft defendant, was ordered held in abeyance pending the result of contemplated grand jury action, as the outgrowth of a street altercation last Saturday night when Joseph B. (Bud) Johnston met death.
    Indictments against Henrietta B. Martin, president of the self-styled "Good Government Congress" charged with riotous conduct, and her father, C. H. Brown, secretary of the organization, charged with slandering a bank in a signed article, were not dismissed.
    The cases come under the jurisdiction of the district attorney's office, and will be held in abeyance. The court expressed the hope that the indictments against the "Congress aides be dismissed" to clear the docket, and "end the agitation."
    The district attorney's office refused to dismiss, giving no reason for their course.
    Appeals of the habeas corpus proceedings instituted by Earl H. Fehl as county judge in an effort to secure the release of ballot theft defendants, when first arrested last February, were dropped. They were carried to the circuit court on an appeal.
    The state also dismissed the contempt proceedings against Amos W. Walker, probation officer under Fehl, and arising from Walker's testimony in the Schermerhorn trial.
    In seeking the dismissal of the pending indictments and actions, Assistant Attorney General Moody said:
    "All the principals in the ballot theft cases have been disposed of. All of the main defendants, but one, have been convicted and sentenced. The state regrets the miscarriage of justice in the trial of John Glenn. He was undoubtedly as guilty as any of the other defendants.
    "Just what the Glenn jury had in mind in this improper verdict, I do not know. I have never talked to any of the jurors. I have been, however, informed that they were influenced by the report that if convicted, he would lose his government pension for the rest of his life.
    "The governor and the attorney general have been much interested in the prosecution of these cases, to the end that peace come to Jackson County. In a large measure that has been accomplished.
    "As assistant attorney-general, I now ask the dismissal of all cases over which the state has jurisdiction. The state desires the slate cleaned--and then quit."
    Shortly afterwards court recessed, and criminal procedure in the local turmoil closed.
Medford Mail Tribune, August 9, 1933, page 1


    Circuit Judge George F. Skipworth, who since May 1, with a 10-days' interlude, engaged in presiding at the Banks murder trial and the five ballot theft cases which started June 8, left this morning far Eugene.
    The parting admonition of Judge Skipworth was to "forget the agitation." The court stated the prosecution had demonstrated that "law and order has not broken down in Jackson County. In the future there should be prompt and summary action for law violators," said Judge Skipworth. "If anybody gets on the courthouse steps and advocates revolution, arrest him on the spot. The need of Jackson County from now on is prompt and summary law enforcement for law violators."
    Judge Skipworth, in his discussion, placed the blame for the Jackson County turmoil squarely on the shoulders of L. A. Banks, and the editorials written by him.
    In the Conner case, the court said:
    "Now then, there is no doubt in the world but what Jean Conner helped steal the ballots. He said he helped steal them. He went in with young Sexton and threw these ballots out the window. He sat on the witness stand and said so in all of the cases. Now then the officers give the boy a bad reputation--not that he has committed crime, but they claim he advocated force and that he has advocated violations of law.
    "Now I had a long talk with this boy this morning, in the presence of Mr. Kelly. He had been reading these editorials written by Banks, and THERE IS THE VICE OF THE WHOLE BUSINESS. That all goes back to that Medford Daily News, and there is the whole trouble in this county. If it hadn't been for that continuous publication I doubt if I would have been here today, or any of these people would have ever been brought before the bar.
    "Now he (Conner) became imbued with the vicious doctrine advocated by Banks through the Daily News, who conceived the idea that he was a reformer and that all law was wrong.
    "No doubt about that--that was his attitude, and there is no question about it, and he advocated strife and he advocated trouble, and this Good Government Congress was organized and young Conner was the vice-president and parliamentarian of the Good Government Congress--if they had any rules of parliament in there--rules of order--I don't know whether they did or not--I doubt it. At any rate, he was one of the active members.
    "Now during all of these trials he has been aligned with the defense, I mean people who were in sympathy with the defense. He has been in conference with them. I have seen him myself in conference with them around in different places, and he says that he is involved."
Medford Mail Tribune, August 9, 1933, page 1




    In charge of Sheriff Olmscheid and Deputy Sheriff Phil Lowd and jailer Fred W. Kelly, and escorted by state police, three of the convicted ballot theft defendants left early this afternoon to start serving sentences in state prison.
    They were:
    Walter J. Jones, ex-mayor of Rogue River, "generalissimo" of the ballot thefts, sentenced to "not to exceed four years."
    J. Arthur LaDieu, former business manager for the L. A. Banks newspaper, sentenced to "not to exceed four years."
    Wesley McKitrick, "captain of the Banks guards," who pled guilty to ballot theft participation, sentenced to one year. McKitrick's previous record prevented his parole. The state said McKitrick "had tried to atone for his mistakes and undoubtedly gave information that prevented wholesale bloodshed in Jackson County."
    The trio will be "dressed in" at the penitentiary this evening.
    Thomas L. Brecheen of Ashland, sentenced to 18 months in state prison for admitted ballot theft, was received at the state prison this morning.
    Earl H. Fehl, former county judge sentenced to four years, has a stay of execution of sentence, pending filing of a motion for a new trial within ten days.
    Efforts were under way this morning to secure bonds of appeal for some of the convicted and sentenced men. The proffered bonds were disapproved on the grounds they did not represent sufficient and justifiable security.
    Instructions have been given that the $7500 bonds offered must be accompanied by an abstract of the property, if the bonds are based on property security, and free from all encumbrances of any nature whatsoever, and double the amount of the bonds.
    The court ruled that all future bonds be gilt-edged in all respects.
Medford Mail Tribune, August 9, 1933, page 1


    Gordon L. Schermerhorn, former sheriff, sentenced to "not to exceed three years in state prison," upon conviction of ballot theft complicity, was at liberty on bonds today in the sum of $7500, signed by Jens Jensen, merchant, and Thomas L. Taylor, farmer. They were on Schermerhorn's original bonds.
    Notice of appeal to the state supreme court was formally filed by Schermerhorn, through his attorney, Frank J. Newman.
    An appeal to the state supreme court requires from 90 days to a year, depending on the importance of the case and the supreme court docket.
Medford Mail Tribune, August 9, 1933, page 1


    Disposal of the cases arising out of the theft of the general election ballots last winter, and dismissal of several indictments against lesser figures in the crime this week, practically cleared the court docket of these cases.
    County Judge Earl H. Fehl, who was this week succeeded by Earl B. Day of Gold Hill, faces a four-year term in the state penitentiary for his part as the "brains" of the theft. It was brought out in his trial that he and Llewellyn A. Banks, former Medford editor, now convicted of killing Constable Geo. Prescott when he attempted to arrest Banks on a ballot theft indictment, were leaders in the plot.
    Gordon L. Schermerhorn, ex-sheriff, received a 3-year sentence. It was because former Sheriff Ralph G. Jennings, a candidate against Schermerhorn in the fall election, had asked for a recount of the ballots that they were stolen.
    Arthur LaDieu, former business manager of Banks' paper, the Medford Daily News, and one of his right-hand men, is to serve not to exceed four years. He aided in the theft and destruction of the ballots, driving a car to the mouth of Galls Creek near Gold Hill and dumping the ballot pouches into Rogue River.
    W. H. Jones, ex-mayor of Rogue River, who superintended the stealing and gave the signal for entering the vault, received the same term as LaDieu.
    Tom Brecheen of Ashland, a close associate of Fehl who also helped plan the theft, was given 18 months. This leniency was in recognition of the fact that he pleaded guilty and saved the expense of the trial. The court also stated that Brecheen was not an habitual trouble maker, as were some of the other participants
    C. Jean Conner, a young man who had been active in the "Good Government Congress," the organization which spread much of the political unrest, was sentenced to 3 years, but was paroled to attorney Von Schmalz of Burns, a member of the defense counsel throughout the ballot trials. Conner pleaded guilty to help steal the ballots.
    Mason and Wilbur Sexton, two youths who did the actual stealing, entering the vault and passing the pouches out through the window and later helping to destroy them, were sentenced and paroled. Mason's sentence called for not to exceed three years in prison. His younger brother, Wilbur, was given one year. Both were paroled to County Engineer Paul Rynning.
    Wesley McKitrick, known as "captain of the Banks guards," was sentenced to one year. He assisted with the theft and destruction of the ballots.
    R. C. Cummings, employee of ex-Mayor Jones, and Earl Bryant and James D. Gaddy pleaded guilty to minor parts in the theft. They were each given two years and paroled to Colonel E. E. Kelly.
    Virgil Edington of Gold Hill, a former Banks follower, who accompanied LaDieu on his ballot-destroying expedition to the mouth of Galls Creek, was freed and the indictment against him dismissed early in the cases, when he turned state's witness.
    Criminal libel and criminal syndicalism and ballot theft indictments against L. A. Banks were dismissed by the court as were a criminal libel indictment against Leonard Hall, editor of the Jacksonville Miner, and criminal syndicalism indictments against a number of "congressmen."
    The ballot theft indictment held against C. W. Davis was ordered in abeyance pending the result of grand jury action on the death of Joseph B. Johnston after a street fight with Davis last Saturday.
    The district attorney's office refused to dismiss the charges against Henrietta B. Martin, president of the congress, for riotous conduct in the horse-whipping of editor Hall and against her father, C. H. Brown, congress secretary, charged with slandering a bank.
    Otherwise, the political turmoil in Jackson County is practically a thing of the past.
Gold Hill News, August 10, 1933, page 1


    Cost bills were filed yesterday by the district attorney's office against L. A. Banks, convicted slayer and former local agitator, and his wife, Edith R. Banks, jointly accused, in the sum of $7,700.60--the cost of their trial in Lane County on a change of venue.
    A cost bill in the sum of $5,094.50 was also filed against Earl H. Fehl, awaiting sentence in Klamath County, for the expense of his trial there on a change of venue.
    Similar action, the district attorney's office said, would be taken against Gordon L. Schermerhorn, former sheriff, convicted of ballot theft and at liberty on $7,500 appeal bonds, Walter J. Jones, former mayor of Rogue River, and J. Arthur LaDieu, convicted ballot theft defendants, now serving four-year sentences at Salem.
    Cost bill will be filed next week against Schermerhorn, Jones and LaDieu. The action is taken under section 27-3050 of the Oregon code, which provides:
    "The costs and disbursements in a criminal action or proceeding are paid to the person rendering the service by the proper county; but in case of a judgment of conviction, such costs and disbursements must be taxed against the defendant."
    The district attorney's office said in the Banks account, the claim for the trial expenses would be filed with J. F. Wortman, named trustee in bankruptcy in the federal bankruptcy proceedings against Banks.
    The records of the county clerk's office show that Fehl Saturday, Aug. 4, the day following his conviction by a Klamath County jury in 12 minutes, transferred three parcels of property to his wife, Electa A. Fehl. Fehl was sentenced last Monday to not to exceed four years in state prison for ballot theft conspiracy.
    The transfer is held void by county authorities, on account of being filed after conviction and before sentence.
    Costs in the Schermerhorn, LaDieu and Jones trials--all held in this county--are estimated to run between $3500 and $4000.
    No cost bill can be filed in the trial of John Glenn of Ashland, former county jailer, acquitted by a jury composed of six men and six women, of which Charles E. Blaess of Trail was foreman. No cost bill can be filed in cases where the defendants entered pleas of guilty.
    The steps are being taken to reimburse the county treasury as much as possible in the heavy expense incurred in the Banks-Fehl turmoil adjustment. The costs are docketed as judgments and enforceable as liens.
    O. O. Clancy, held in the county jail since last February, and one of the star witnesses for the state in the ballot theft trial, was ordered dismissed yesterday by the circuit court. Clancy was charged with forgery. It was explained that Clancy had been an exemplary prisoner, had rendered valuable aid to the state in his testimony, had "made good" the $11 check he was accused of passing, and that there was another man, unapprehended., more involved than Clancy.
    Clancy, a prisoner in the county jail at the time of the vote stealing, had his suspicions aroused by a series of conferences held in the jail the evening of the crime between Glenn, Schermerhorn, Davis, the Sexton brothers and others. He took a memorandum of what he saw, and through his mother transmitted the information to Governor Meier, who ordered the state police to act. Clancy testified to these general state of facts in the Glenn, Schermerhorn and Fehl trials.
Medford Mail Tribune, August 13, 1933, page 1


    SALEM, Aug. 14.--(AP)--Four ex-residents of Jackson County, who were convicted of complicity in "unloading" ballots from the courthouse there, are now unloading hog fuel at the state penitentiary.
    Warden J. W. Lewis said today that Walter J. Jones, ex-mayor of Rogue River; Thomas J. Brecheen of Ashland and J. Arthur LaDieu and Wesley McKitrick, both of Medford, would continue on the unloading job until assigned regular duties in some department of the penitentiary farm or manufacturing shops.
    The ballots were stolen from the Jackson County courthouse on the eve of a scheduled recount of votes to determine the legality of Gordon L. Schermerhorn's election as sheriff.
Medford Mail Tribune, August 14, 1933, page 1


    The district attorney's office has completed, and will file today, the cost bill in the trial of Gordon L. Schermerhorn, former sheriff, convicted of ballot theft and sentenced to serve three years in state prison. Schermerhorn is at liberty on $7500 bonds, pending an appeal to the state supreme court. The cost of the Schermerhorn trial is computed at $1,925.06.
    Similar action will be taken in the cases of Walter J. Jones, convicted mayor of Rogue River, and J. Arthur LaDieu, former Banks newspaper manager, now in state prison for ballot theft.
    Cost of the Schermerhorn trial was about one-fourth of the cost of the Banks murder trial and slightly less than one-third the cost of the Fehl trial. Banks was tried in Lane County and Fehl in Klamath County, on changes of venue. The Banks trial cost was $7,700,60, and the Fehl trial $5.094.50.
    The action is taken under the section Oregon 27-3050, which provides:
    "The costs and disbursements in a criminal action or proceeding are paid to the person rendering the service by the proper county; but in case of a judgment of conviction, such costs and disbursements must be taxed against the defendant."
    They are docketed as judgments and enforceable as liens, and will reimburse Jackson County considerably for its outlay of cash in restoring normalcy after months of agitated turmoil.
    Saturday, August 5, the day following his conviction, Fehl filed with the county clerk transfer of three pieces of property to his wife. Under the law the move is null and void.
Medford Mail Tribune, August 15, 1933, page 1


    Gordon L. Schermerhorn, former sheriff found guilty of ballot theft and under sentence of three years in state prison, has filed objections to the cost bill totaling $1,925.06, filed by Jackson County against him for collection of costs of his trial. Schermerhorn in his objections claims an overcharge of $1,488.93. This leaves a balance of $486.10 for cost of the proceedings, as presented by attorney Frank J. Newman.
    Objections are filed to $547.40, mileage to jurors examined and drawn, and $538.30 for meals and rooms for jurors, on the grounds it is legally provided for under Oregon statues, to $212.96 for bailiff pay and court reporter's salary, on the ground it is not the province of the defendant to pay for his jury's board.
    Objection is also made to $78.80 mileage and witness fees paid John Glenn of Ashland, former county jailer, acquitted of ballot theft by a jury composed of six men and six women, of which Charles E. Blaess of Trail was foreman; to Jean Conner, "bright boy of Pinehurst," paroled to Harney County on a three-year sentence; R. C. Cummings of Rogue River, whose clattering auto mingled with "congress" cheers to drown the sound of breaking glass; Walter J. Jones, "generalissimo," now serving four years in state prison; Virgil Edington, pled not guilty and had his case dismissed, and James D. Gaddy and Earl Bryant of Jacksonville, who pled guilty and received paroles because the court said, "They were dupes who don't know yet how it all happened," on the grounds they were co-defendants.
    Payment of $2 fees to Mrs. Mary Sweeney, a state witness, and Mrs. Nora B. McKitrick, Mrs. Elsie McKitrick and Wesley McKitrick, "captain of the Banks guards," amounting to $47.40 is also protested. Fees paid Sam Carey, Mrs. Edith Sexton, and Paul La Claire are also protested.
    Assistant Attorney Ralph E. Moody, Deputy District Attorney Neilson and attorney W. E. Phipps, representing L. A. Banks, former local agitator serving a life term for murder, conferred this morning relative to objections filed by Banks' attorneys to the cost bill filed in his case.
    Objections to cost bills are also expected to be filed in the Earl H. Fehl and Walter J. Jones trials. The heaviest item in the Fehl trial was mileage fees to Klamath County, occasioned by the change of venue.
    Schermerhorn is at liberty on $7500 bonds pending an appeal to the state supreme court, which must be presented within 60 days.
Medford Mail Tribune, August 18, 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


    The Jackson County contingent at the state prison are all busy and behaving themselves according to Gene Hawley, deputy warden, who spent the weekend in the city en route home from a short vacation spent on the coast.
    L. A. Banks, serving life for murder, and Earl H. Fehl, serving four years for ballot theft plotting, and their first lieutenants in the local agitation, J. Arthur LaDieu, of this city, and Walter J. Jones, ex-mayor of Rogue River, and Thomas L. Brecheen of Ashland, are all employed on the "hog-fuel" pile. All who enter the prison must spend their first days at this task. Wesley McKitrick, "captain of the Banks guards," is similarly employed. Brecheen entered a plea of guilty, and received an eighteen months sentence. McKitrick received a one-year sentence.
    Jones, LaDieu and Fehl, all sentenced to four years, will be eligible to parole in 32 months, Brecheen in a year, and McKitrick in 7½ months
    Pat Donohoe, serving life from this county as an habitual criminal, and specifically charged with burning the feet of an aged junk dealer in an effort to make him divulge the hiding place of his savings, has been in the bullpen for 14 months, as the leader of an escape plot over a year ago. Donahoe before arrest engaged in a pistol duel on South Central avenue, with Officer William Peck. [The convict was apparently Jack Donovan or James Donoghue, who tortured junk dealer Pat Bohan.]
    Hugh DeAutremont, one of the Siskiyou tunnel slayers, also serving life, was involved in the Donahoe escape plot, and served nearly a year in the bullpen, and lost his laundry job. Hugh has been a sullen prisoner for the past two years. Ray DeAutremont is the victim of a malady, and Roy DeAutremont, his twin brother, is still a prison barber. The DeAutremonts have started their seventh year of prison incarceration.
    Albert W. Reed of Denver, Colo., serving life from this county for complicity in the murder of Victor Knott, Ashland special policeman, is employed in the prison machine shop. Earl Hanscom of the Eagle Point district, sentenced to life on a plea of guilty to second degree murder for the death of a friend and neighbor, as the culmination of a trivial quarrel, has been assigned to no regular task. Hanscom is described as a model and contrite prisoner.
    Robert Glenn, sentenced to 15 years in state prison for attempted robbery of the State Bank of Central Point with a gun in 1931, and one of the Banks-Fehl "injustice cases," is a prison roustabout.
    Alvin Tollefson, former cashier of the Central Point Bank, and used by Banks and Fehl in their prejudice-rousing efforts and attacks on the courts, is employed in the identification department of the prison, and Fehl and Banks when they entered prison were checked in by Tollefson. Tollefson is eligible for parole early next spring. He perpetrated a bank robbery hoax to cover up alleged defalcations.
    In the interest of discipline, prison authorities have abolished visitors' day, except for kin, and then but for fifteen minutes once a week. Writing privileges are also restricted to a letter twice a month to relatives.
Medford Mail Tribune, August 28, 1933, page 5


    The trial list for the circuit court term, scheduled to tentatively start Monday, September 14, will be drawn this week, and included in the cases to be tried are those of Henrietta B. Martin, president of the self-styled "Good Government Congress," charged with riotous conduct, and her father, C. H. Brown, secretary of the "Good Government Congress," charged with slandering a bank. Both charges are indictable misdemeanors, and have been pending since last March.
    The cases are the last of the Banks-Fehl turmoil indictments. Both Mrs. Martin and Brown were active in the "congress," and lieutenants of the two now imprisoned Jackson County agitators.
    Associated with Mrs. Martin as defendants are L. O. VanWegen and L. E. Fitch, reputed "congressmen." Mrs. Martin is charged with attempting to lash Leonard N. Hall, editor of the Jacksonville Miner, with a buggy-whip in front of the Banks newspaper on the evening of February 17 last. The local agitation was then at its height, and the episode added fuel to the prevailing tension.
    Brown is charged with slandering a bank, in a signed article appearing in the Pacific Record Herald, in which the inference was made that money was withdrawn from the Farmers and Fruitgrowers Bank after the bank moratorium of last March had been decreed.
    Both Mrs. Martin and her father were frequently mentioned in the testimony in the five ballot-theft trials, and occupied the courthouse auditorium platform, in their organization capacities on the night of the vote stealing. The state contended that Walter Jones, the ex-mayor of Rogue River, now serving four years for his part in the brazen and bunglesome crime, advised all on the platform to delay their departure by the rear door until the stolen pouches were removed, and that Mrs. Martin, Brown, L. A. Banks and Mrs. C. H. Brown did so.
    When ballot theft indictments against Oliver Martin, J. Croft, and Claude Ward were dismissed by the state at the conclusion of the Fehl trial, the charges against Mrs. Martin and Brown were continued.
    The trial of Fred Wolf, Birdseye Creek rancher, indicted for manslaughter for the slaying of Bill Sheldon, will also be set for the coming term. Wolf allegedly shot Sheldon as the culmination of a rural love affair involving Wolf's wife. Self-defense and the "unwritten law" will probably be introduced as the defense. Attorney Frank DeSouza is counsel.
    The case of W. G. Nelson, indicted for reckless driving and failure to report an auto accident in which another was injured, will also be set. Nelson is alleged to have ignored the signals of S. W. Baize, Central Point cutoff watchman, while the road was under construction, and to have hit the watchman with his auto, inflicting severe injuries, and then sped on.
Medford Mail Tribune, September 5, 1933, page 4


    The county court has disallowed the bill of attorney T. J. Enright for $25, submitted for legal services performed for C. Jean Conner, former vice-president of the self-styled "Good Government Congress," and that organization's parliamentarian. Conner, also one of the "Banks guards," reputed "Greenspring Mountain Boy," also known as "the bright boy of Pinehurst," was sentenced to three years in state prison for admitted ballot theft participation. He was paroled to attorney H. Von Schmalz, of Burns, with the proviso that he remain out of Jackson County for one year.
    When Conner appeared for arraignment the court named attorney E. E. Kelly as his counsel. Conner appeared as a defense witness in several of the vote-theft trials, and when the time came for assistance, requested in open court that attorneys Enright and Von Schmalz act as his counsel. Conner declined the services of attorney Kelly.
    The county court has written a letter to attorney Enright, setting forth that inasmuch as Conner selected counsel other than named by the court, the county could not see fit to allow the bill.
Medford Mail Tribune, September 6, 1933, page 1


    Charles W. (Chuck) Davis, cleared yesterday by a grand jury report of any blame for the death of Joseph B. (Bud) Johnston during a street argument and altercation over the ballot theft convictions, is held in the county jail, awaiting sentence upon his plea of guilty to participation in the ballot thefts of February 20 last. Date of sentence is problematical. It will be made by Judge George F. Skipworth of Eugene, who heard all the vote-stealing trials, and whose date of holding court session here is indefinite.
    The grand jury, in its report filed late yesterday and signed by all seven members, relative to the Davis case said:
    "Because of the general public interest exhibited in the case of the state of Oregon against Charles W. Davis, the grand jury spent a large amount of time hearing a number of witnesses, including several who were present at the scene of the tragedy, and we have concluded there was not sufficient evidence to warrant a return of an indictment, and, if an indictment was returned the possibility of a conviction was small, and the cost would be a large item to the county."
    The grand jury report also stated that after an inspection of the county jail, county machine shops and county poor farm, "they were found to be operated in a satisfactory and economical manner."
    The grand jury report recommends that three more milk cows be purchased for the county poor farm, that a roof be placed on the hog house, and that the poor farm land lying adjacent to Bear Creek be leveled with county equipment and made ready for cultivation.
    The grand jury also returned an indictment against Joe A. Daniels, charging obtaining money under false pretenses. Daniels is alleged to have represented to Lee B. Ryan, manager of an Ashland movie theater, that he had $1000 in a Portland bank, whereupon Ryan cashed a $46 check which later was returned, marked N.S.F.
    The Joe A. Daniels indicted is not Joe A. Daniels, former courthouse janitor and now a farmer of the Ruch district.
Medford Mail Tribune, September 7, 1933, page 7
    Henrietta B. Martin, president of the self-styled "Good Government Congress" during the heyday of that organization's existence, charged with "riotous conduct," will go on trial Monday, September 18, as the first case on the criminal docket prepared for the circuit court term yesterday.
    Indicted as co-defendants are L. O. VanWegen and L. E. Fitch, reputed "congressmen."
    Mrs. Martin, one of the leading figures of the Banks-Fehl agitation turmoil in this county, is specifically charged with the attempted buggy-whip lashing of Leonard Hall, editor of the Jacksonville Miner, on February 17 last, on Main Street. Mrs. Martin allegedly took the dramatic action in resentment to an article published by Hall. Fitch and VanWegen are alleged to have attempted to hold Hall.
    Records of the case show that Mrs. Martin filed an affidavit of prejudice against Judge William M. Duncan of Klamath County, who at the time of the return of the indictment was presiding on the local bench. Under the law she has one affidavit of prejudice motion left.
    The trial of C. H. Brown, father of Mrs. Martin and secretary of the "congress," charged with slandering a bank, is the second case listed on the calendar. Brown is alleged to have signed an article appearing in the Fehl weekly paper charging that funds were removed from a local bank during the period of the bank moratorium last March.
    Joe Cave, city policeman, indicted for involuntary manslaughter in the Everett Dahack case, is listed on the court calendar as the fourth case to be called. Counsel for Cave has announced intention to file a demurrer to the indictment and to seek a change of venue.
    The trial of J. E. Corey, former storekeeper of Rogue River, indicted for a statutory offense involving a young girl, is the last case listed. Corey is out of the county. Corey, authorities say, figured prominently in the local turmoil, as far as the Rogue River district was concerned.
    Milroy Charley of the Antelope district, who entered a plea of guilty to a calf stealing charge, is awaiting sentence. The court has ordered the appearance of Walter G. Nelson in court. Nelson pleaded guilty to an indictment charging failure to render aid to an auto accident victim. Nelson assertedly struck S. W. Baize, watchman of the Central Point cutoff construction, last May while driving at a reckless rate. Nelson is now employed in the Portland area. Nelson and Charley will probably be sentenced at the same time.
    Fred Wolf, Birdseye Creek rancher, charged with manslaughter as the result of the alleged slaying of Bill Sheldon last May, is scheduled to go on trial on the completion of the Cave case.
    Other cases on the calendar, to be heard in the order named below, are: Mervyn (Sonny) Gleason, barber, Central Point, charged with assault and battery; Ted Haines, charged with a statutory offense; C. C. Day and Thomas P. King, charged with larceny of livestock belonging to F. E. Bybee, stockman; John M. Price and W. L. Ray, charged with practicing engineering without a license, and Joe A. Daniels (not the former court house janitor), charged with forgery.
    Attorneys Saturday morning submitted to the court a list of civil cases they desire to try at the coming term of court.
Medford Mail Tribune, September 10, 1933, page 1


    The county commissary, launched last winter by Earl H. Fehl, then county judge, and for which there was no authorization in the budget, caused an expenditure of $14,163.93, according to the August financial report of the county, submitted today to the county judge.
    Trial of L. A. Banks, local agitator now serving life for murder and the ballot theft trials, which resulted in the conviction of Fehl and his chief lieutenants in the agitation that followed his assumption of office, resulted in the circuit court budget appropriation of $8430 being over-expended by $18,022.90. The circuit court expenditures to date total $26,452.90. Estimated cost of the Banks murder trial at Eugene, the Fehl ballot theft trial at Klamath Falls, and the four ballot theft trials here is placed at $25,000. They entailed 90 percent of circuit court expense since January 1.
    The county commissary extravagance will either have to be absorbed in tax levies of the coming year, or subtracted from the relief fund allowances for 1934.
    These restoration of law and order costs probably will have to be absorbed in future tax levies. The circuit court budget, trimmed last year to the bone, was only $8430 and will be the same the coming year, it is thought. The budget-makers last year could not foresee the turmoil and therefore allow for its heavy cost.
    Absorption of these two costly items in the tax levies for the coming year without increasing the tax burden or impairing the functioning of vital parts of the machinery of county government, is one of the many financial problems confronting the county court and the budget committee when it starts preparing the annual budget next month. Under a new law passed by the legislature last winter, the budget committee meets in November, instead of in December, as previously.
    Relief expenditures for August, the report shows, were substantially reduced over July. The July expenditures for the care of the poor totaled $6443.14; in August they were $3856.83. Much of this saving was due to the economy policy and sentencing of Fehl to state prison. Indiscriminate granting of hospitalization to all comers upon their own word was discontinued, transients were denied prescriptions for minor ills, and only worthy cases of established residents were considered. Economy and a thorough investigation have been invoked in the handling of all relief applications since Aug. 6.
    Up to August 31, a total of $43,782.25 has been expended for relief. The budget allowance was $43,047. At present the relief fund is overdrawn $735.25. Seasonal labor, improvement in local conditions, welfare work, and the departure of many indigent transients who flocked here last January and February during the height of the Banks-Fehl turmoil, will lessen the tension on the relief expenses, but they will still close the year with a deficit, due to the furnishing of necessary aid to the worthy poor of the county.
    County Judge Day, in his first six weeks in the office, has succeeded in restoring cooperative harmony in the courthouse and laying the foundation for conservative economy and businesslike methods in the county judge's office.
Medford Mail Tribune, September 14, 1933, page 1


    Henrietta B. Martin, president of the self-styled "Good Government Congress," indicted for "riotous conduct," is scheduled to go on trial in circuit court next Monday.
    The district attorney's office reports that Mrs. Martin's attorney, T. J. Enright, has intimated a willingness to offer to try the case before the court, and without a jury. Acceptance is discretionary with the court.
    Judge H. D. Norton announced today that, owing to many attorneys having cases before the federal court, which opens next Tuesday here, the criminal docket would be called sooner than intended, to avoid any conflict. Counsel in the pending civil suits, in many instances, are not ready for trial, was a further reason.
    Mrs. Martin is specifically charged with attempting to lash Leonard W. Hall, editor of the Jacksonville Miner, in front of the Daily News office on the evening of February 25 last. L. E. Fitch and L. O. VanWegen, two reputed "congressmen," are listed as co-defendants. The episode was one of many that arose during the Banks-Fehl-engendered turmoil. Mrs. Martin allegedly acted in retaliation for an item published by Hall.
    The second case on the criminal docket is that of C. H. Brown, secretary of the "congress" and father of Mrs. Brown. He is charged with "slandering a bank," as the result of a short article signed by Brown and published in the Pacific Record Herald, in which it was alleged that the bank moratorium was violated.
    Both Mrs. Martin and her father are charged with indictable misdemeanors which call for county jail sentences and fines, or both, upon conviction.
    Other cases listed on the docket are:
    Fred Wolf, Birdseye Creek, indicted for manslaughter for the slaying of Bill Sheldon, May 4 last, as the tragic ending of a rural triangle love affair. The "unwritten law" and self-defense will be interposed by Wolf's counsel, in mitigation of his act.
    Joe Cave, city policeman, indicted for involuntary manslaughter, is also docketed for trial, but his counsel has filed a demurrer on the grounds that L. A. Banks and E. H. Fehl, now serving prison sentences, appeared before the grand jury as witnesses, but are not listed on the indictment, as required by law, and that the indictment is insufficient and does not come under Oregon statutes. Arguments on the demurrers are scheduled for next week. The indictment was an outgrowth of the "Dahack case," around which so much of the local turmoil seethed.
    Two indictments charging statutory offenses are also docketed, one against Ted Haines, at liberty on bonds, and the other against J. C. Corey, former Rogue River storekeeper, now reported out of the county.
Medford Mail Tribune, September 29, 1933, page 1


    Henrietta B. Martin, president of the self-styled "Good Government Congress," and the oratorical ace of the Banks-Fehl agitation last winter, charged with riotous conduct, will go on trial the last of this week or the first of next.
    The present state of the circuit court docket indicates it will be reached this week. The trial of Ted Haines is under way today. It will take a day. Next on the calendar is that of State against Thomas King and Clarence Day, charged with larceny of livestock, and also will require a day. This will bring the Martin case to trial by jury Friday.
    One of Mrs. Martin's attorneys is Glen R. Jack of Oregon City. The case was listed as fourth on the docket, when it developed that sickness in the Jack family would prevent his appearance here. The case was originally set for last Monday.
    L. O. VanWegen and L. E. Fitch, reputed "congressmen," are indicted as co-defendants, and charged with attempting to hold Leonard N. Hall, editor of the Jacksonville Miner, while Mrs. Martin attempted to lash him with a buggy-whip procured by her father, also a co-defendant.
    "The state has intimated that it will show that the episode was inspired by L. A. Banks, former valley agitator now serving a life sentence for murder, and discussed at his home, as further means to keep the turmoil seething.
    C. H. Brown, secretary of the "Congress," and father of Mrs. Martin, is scheduled to go on trial at the conclusion of his daughter's hearing, charged with slandering a bank as the result of an article published in the Pacific Record Herald under his his signature. The article charged that money was removed from the Farmers and Fruitgrowers Bank while the bank moratorium was in effect last March. Brown was also a prominent figure in the turmoil. Evidence in the ballot theft trials showed he was almost an hourly courthouse visitor during the height of the turmoil, and a frequent diner at the county jail table.
    The Martin and Brown cases will complete the criminal docket for the present.
Medford Mail Tribune, October 4, 1933, page 2


    Drawing of a jury in the trial of Henrietta B. Martin, charged with riotous and disorderly conduct, was ordered by the court this afternoon, after the denial of a demurrer to the indictment and a motion for continuance until Monday.
    Mrs. Martin indicated through her counsel, W. E. Phipps, that she would ask for a separate trial. The district attorney held that in misdemeanor cases this is discretionary with the court.
    The court stated that the case under consideration had already cost the court more than a felony case and that the circuit court budget had been exhausted three times over this year. "We must not squander the taxpayers' money in the administration of this court," he further declared, adding that there was no question but what the defendant knew with what she was charged, and the time and the place.
    Henrietta B. Martin, president of the self-styled "Good Government Congress" in the local agitation, chairman of all "grand assemblies" and courthouse steps demonstration last winter, lost her plea for a continuance of her trial in circuit court this morning. Mrs. Martin essayed to act as her own attorney. She is charged with "disorderly and riotous conduct" for attempting to punish Leonard N. Hall, editor of the Jacksonville Miner, with a buggy-whip, on Main Street.
    Mrs. Martin, who was dressed in a black gown with a white neckpiece, appeared without counsel. Attorney T. J. Enright withdrew yesterday, after what the court called a "falling out."
    "I ask a continuance," said Mrs. Martin, who displayed none of the oratorical fervor of the turbulent days, when she was in the limelight, "because Mr. Enright has withdrawn, and my chief lawyer, Glen R. Jack of Oregon City, will not be able to be here because his wife is sick, nigh unto death."
    "With all due respect to Mr. Jack," replied the court, "there are plenty of attorneys in the city and county qualified to act as your attorney. I will give you until 11 o'clock to procure a new one. If you do not have one then the court will appoint one--probably attorney Enright, who is acquainted with all the facts.
    "This case has been at issue since last June. It is a trivial case. It should have been tried in the justice court, where it belongs. Since the grand jury has returned an indictment, it is the duty of this court to hear it. There will be no delay," continued the court. "It will go to trial immediately."
    Mrs. Martin again arose and said:
    "I stand upon my constitutional rights as an American citizen, and demand a continuance."
    "Eleven o'clock," replied the court, recessing to that hour.
    At 11 o'clock, attorney W. E. Phipps appeared as attorney for Mrs. Martin. Attorney Phipps also asked for a continuance, on the grounds that he was hired on short notice, and it would take some time to find out what it was all about.
    The court then agreed to continue the trial until Monday, provided Mrs. Martin and co-defendants would "pay into the court the costs of jurors for today." Twenty-two jurors were in attendance, at $3 per diem. Mrs. Martin was given until 1:30 this afternoon to reach a decision on the financial outlay.
    Appearing with Mrs. Martin, as co-defendants, were her father, C. H. Brown, secretary of the "congress," and L. E. Fitch, a reputed "congressman," who figured in a sensational event on the day Banks committed murder. Fitch was pecked on the head with a pistol butt in the hands of Col. Burton, since returned to Texas. It was alleged that Fitch directed an opprobrious epithet at Col. Burton while he was en route to the Banks home after the slaying.
    "Where is the defendant VanWegen?" inquired the court, when he noted his absence.
    "The defendant VanWegen is now in Chico, California, this office is informed," replied the district attorney.
    "The matter will be taken up later," then said the court.
    VanWegen, who is alleged, with Fitch, to have attempted to hold Hall while Mrs. Martin tried to lash him, is at liberty in $500 bonds furnished by George Edward Obenchain of the Central Point district and Martha Stevens of the Talent district. An order in default is contemplated.
    Brown is alleged to have purchased two buggy-whips from Lamport's, one of which he concealed in his pants leg, pending use on the editor. It was the first sale of a buggy-whip in many a moon.
    Mrs. Martin filed an affidavit of prejudice against Judge Norton, which the court denied on the grounds that it had not been filed within the statutory time required by law, to wit: one day after filing of the plea.
    This exhausted this legal recourse, as Mrs. Martin had previously filed her first affidavit of prejudice against Judge W. M. Duncan of Klamath County last March.
    The court ruled that attorney Von Schmalz of Burns and attorney T. J. Enright of this city were "attorneys of record."
    Mrs. Martin said that "I beg the pardon of the court, but Mr. Jack is the chief attorney, your honor. Attorney Von Schmalz has nothing to do with the case." Mr. Brown also stated that attorney Von Schmalz had never been retained.
    "The court is only going by the records. It was not here, but was in another district, when the case was before the court," said Norton.
    At an other point in the discussion of who were the attorneys, the court observed, when Mrs. Martin arose with a "Beg pardon, your honor":
    "The court will have to ask you to be seated. The court is now passing judgment on the matter at issue, and does not propose to be constantly interrupted."
    The court then recessed, while Mrs. Martin, her father and Fitch went to find counsel, with results already noted.
    "Defendants could delay a trial a thousand years, just by hiring a new lawyer," remarked the court. "There is no reason why these defendants should be shown more consideration than other defendants who come to trial when scheduled to do so."
    The case is the outgrowth of the Banks-Fehl agitation last winter, in which Mrs. Martin played a leading oratorical and advisory role. On Saturday, February 25, it was noised around the streets that Mrs. Martin contemplated giving Leonard Hall a whipping." Mrs. Martin took umbrage at a squib published in his weekly. Agitator Banks was also considerably "put out" by Hall articles on his business methods. In the late afternoon, people commenced to gather on both sides of Main Street, in front of the News office, to see the fulfillment of the threat.
    In due time, according to the testimony the state says it will introduce, Mrs. Martin, her father, C. H. Brown, and the missing VanWegen drove up in the latter's auto. Fitch was already on the ground. The state and city police had wind of the fracas, and lurked in doorways and nearby autos. Hall came out of the News office. Mrs. Martin is then alleged to have called to him, and when he approached her, started swinging the buggy-whip. VanWegen and Fitch attempted to hold Hall. He broke loose and started hugging Mrs. Martin, in self-protection. He was hit in the face once.
    By this time, the police--city and state--swung into action, and escorted the combatants to the police station, and they were afterwards freed.
    The state expects to introduce evidence by former "Banks guards" that the "whipping" was discussed by Banks at the "inner circle" sessions at his home, and that it appealed to all concerned as "a good idea."
    Mrs. Martin, the district attorney's office states, recently informed them that she had "severed all connections with the Good Government Congress."
Medford Mail Tribune, October 6, 1933, page 1


    Selection of a jury to try Henrietta B. Martin, president of the self-styled "good government congress"; her father, C. H. Brown, secretary of the organization, and L. E. Fitch, a reputed "congressman," was completed Friday afternoon in an overtime session of the court. The defendants are charged with "riotous conduct" as an outgrowth of a spectacular attempt of Mrs. Martin to buggy-whip Leonard N. Hall, editor of the Jacksonville Miner, February 25th last. All the defendants figured more or less in the Banks-Fehl-inspired turmoil.
    L. O. VanWegen, fourth defendant, also a reputed "congressman," was not present. The district attorney reported he was in Chico, Calif. In mid-afternoon the court instructed the bailiff to proceed to the courthouse front steps, and sing out the name of L. O. VanWegen three times. There was no response from Mr. VanWegen.
    The court then instructed the district attorney to notify George E. Obenchain of Central Point, and Martha Stevens of the Talent district, on VanWegen's bonds for $500 to have him in court Monday morning. The clerk was instructed to notify T. J. Enright, his attorney, to present him in court Monday. If VanWegen fails to show, the court said, "other necessary action will be taken to have Mr. VanWegen here."
    Opening statements and taking of testimony will start Monday morning, the court recessing over Saturday for the Josephine County session.
    The jury as sworn and accepted by both sides is as follows:
    Charles T. Nahas, farmer-laborer, Medford.
    Harry Hammett, farmer, Orchard Home.
    H. T. Disney, watchman, Medford.
    Mary L. Phipps, housewife, Medford.
    Noel Erskine, music teacher, Medford.
    George F. Putman, farmer, Eagle Point.
    A. Schmidli, mechanic, Medford.
    Ruth A. Porter, bookkeeper, Ashland.
    Frank Anderson, merchant, Phoenix.
    C. O. Persnall, carpenter, Ashland.
    C. C. Hoover, farmer, Medford.
    1. D. Canfield, businessman, Medford.
    Selection of the jury came after a half day of legal maneuvering by Mrs. Martin to secure a continuance of the trial.
    The court indicated that the evidence would be confined to the buggy-whipping episode, and that collateral matters from mines to still raid tragedy [the Everett Dahack case] would be banned.
    Mrs. Martin in an effort to obtain trial delay twice asked for continuances, filed a demurrer claiming it was not sufficiently definite as to the nature of the crime, asked for a trial by the judge without a jury, and a separate trial. All were denied.
    "You don't mean to say that you are going to ask for a separate trial on a misdemeanor," the court asked defendant's counsel.
    The court said that under the law, in misdemeanors, separate trials were discretionary with the court, and denied the plea.
    Attorney W. E. Phipps for the defense, selected after the court had ruled there would be no further delay, questioned jury's relative to service on the ballot theft cases, membership in the "congress," or the "committee of 100"; if they had publicly denounced the activities, or expressed an opinion on the case, if they read the newspapers, and if they knew O. C. Boggs.
    The state confined its questions to the ability of the jurors to give both sides a fair and impartial trial.
    The defense on peremptory challenges excused J. Frank Wortman of Phoenix; J. G. Ferrell, Medford; Herman Powell, Medford; Henry G. Enders, Ashland; Agnes Cantwell Kelly, Medford; and H. C. Fredette. Wortman and Ferrell were members of the LaDieu jury in the vote stealing trials.
Medford Mail Tribune, October 8, 1933, page 1


    Slanderous, libelous or insulting words do not constitute justification for assault--was the ruling handed down this afternoon by the court in the trial of Henrietta B. Martin for riotous and disorderly conduct. The decision followed a legal argument, which filled most of the court period prior to 2:30 o'clock. Leonard N. Hall, the object of Mrs. Martin's alleged assault with a buggy-whip, giving origin to the charge, took the stand at 2 o'clock. He reviewed the story of Mrs. Martin's alleged attempt to thrash him with the buggy-whip following his exit from the Daily News building last February 25. He stated that L. E. Fitch, also on trial, grabbed him. and that there was someone behind him of whose identity he was not sure. He failed to name that person as L. O. VanWegen, one of the defendants in the case. He stated that Mrs. Martin struck him and that a struggle ensued.
    Lieut. A. G. Dunn of the state police was called to the stand after Hall.
    The defense advanced the theory the authorities could have stopped the affair before it happened.
    In accordance with this ruling, City Officer Tom Robinson testified that when he arrived on the scene he saw defendants Fitch and VanWegen grab editor Hall by the arms, saw Mrs. Martin then wield a buggy-whip, and that VanWegen was standing in a doorway, Fitch leaning against a lamp-post, and Brown was "pacing up and down." The state and city police then rushed to the scene. Officer Robinson was not permitted to testify why or how the police happened to be so handy. He identified the buggy-whip, and it was placed in evidence.
    VanWegen returned yesterday from Chico, Calif., to stand trial, after his bondsmen and his attorney, T, J. Enright, had been directed to produce him in court.
    Mrs. Martin and her father wrote assiduously all morning as the witnesses testified. Fitch and VanWegen occupied bench seats. The court room was packed.
    Self-defense and justification would be the defense, attorney W. E. Phipps told the jury in his opening statement.
    The state said it would show the buggy-whip assault was planned; that Brown had purchased two whips and that riotous and disorderly conduct prevailed. Both opening statements were the soul of brevity.
    Before the first witness was called the defense filed another motion asking for a continuance until attorney Jack of Oregon City could be present, renewed their demurrer to the indictment, and asked that the jury be discharged, as many members had served in the ballot theft cases, so were "prejudiced." All motions were denied.
    Henrietta B. Martin, president of the self-styled "Good Government Congress," her father, C. H. Brown, secretary of the organization and L. O. VanWegen and L. E. Fitch, reputed "Congressmen," charged with "disorderly, riotous and violent conduct," as the result of an attempted buggy-whipping by Mrs. Martin of Leonard N. Hall, editor of the Jacksonville Miner last February 25, went on trial before a jury in circuit court this morning. All the defendants were more or less active in the late Banks-Fehl turmoil.
    The court ruled that the testimony be confined solely to what happened in front of the News office at the date specified and who took part in it. The court explained this would "prevent the introduction of collateral matters that have nothing to do with the alleged crime. We do not care anything about what happened before or after, or what people said or thought. The only issue before the court and jury are the circumstances surrounding the actual altercation."
    Mrs. Janet Guches, former secretary to L. A. Banks, local agitator, testified that Mrs. Martin came to Banks' home the afternoon of the episode, told [him] her plans to "whip young Hall." Banks, the witness said, "counseled against such a thing," but Mrs. Martin said "I have made up my mind."
    "If you are determined, I will stand back of you," the witness declared Banks then said.
    The witness said Mrs. Martin told her, "Mr. Martin was angry and would take the matter in his own hands, but I told him it was my personal affair, and I would handle it in my own way."
    The witness testified Mrs. Martin told her "she feared bloodshed if the men met, as Hall has a permit to carry a pistol." Mrs. Guches, with her husband, was seated in an auto across the street when the fracas started.
    Verne Van Dyke, clerk at Lamport's, testified that Brown came to the store in the morning and looked at two whips and returned in the afternoon and bought them. Van Dyke cut off the butt of one whip, so it would fit in Brown's pant leg. One end was placed in a sock to keep it from dropping out. The whip was introduced as "exhibit A." The defense objected on the grounds it was "incompetent, immaterial and irrelevant, and not binding on Mrs. Martin." Van Dyke testified Brown "preferred a whalebone whip."
    Roy R. Shreve of "Your Office Boy" testified that about the time of the ruckus, there was quite a crowd around the News office when he came to his business from supper, and just as he was entering the door, he saw Hall leave the News, when Fitch stopped him and Mrs. Martin appeared with a whip in her hand and struck the scribe with it. The crowd and the police gathered quickly around and Shreve saw no more hostility.
    Paul Luy testified that a short time before the assault he saw Brown peeking in the alley window of the News, "so I went out to see what he was up to." Luy, an employee of the News at the time, said he saw Fitch leaning against a lamp-post, and Mrs. Martin was seated in VanWegen's auto. The street was full of people "eying the News, and Brown was fussing around." The court ruled that Luy could not testify "that he felt something was going to happen." The defense held this would "be a conclusion of the witness."
    Hall came out of the News front door, Luy said, "and Fitch grabbed him by the arm and turned him around. Then Mrs. Martin hopped out of the auto and hit Hall twice with the buggy-whip she held in her hand." People came running from all directions, the witness said, and he further testified "McKitrick, captain of the Banks guards, was shouting around and a number of people known as Banks guards were on the sidewalk."
    Under cross-questioning by attorney Enright, Luy denied "you know as a matter of fact Fitch grabbed Hall by the coat-tail and tried to hold him back," or that Hall "clinched with Mrs. Martin." Luy said Hall "only put his hands on Mrs. Martin's shoulders." Attorney Enright queried if "Sheriff Schermerhorn was not present," and the witness replied "Schermerhorn had been arrested for ballot-theft about the time of the whipping." The court then asked: "What has Schermerhorn got to do with this case, anyway?" and halted further questioning along that line.
    Harry Moore testified he was walking up the street and passed Brown, Fitch and "a man by the name of Croft, standing in the alley," and heard Brown say: "When he comes out the door, grab him and beat hell out of him." The witness saw Hall and Gus Newbury in the News office talking to Lee Tuttle. He went into the News, told the trio he suspected something was going to happen, and Hall and Newbury looked at Brown, Fitch and VanWegen while Tuttle went to the phone.
    Later Hall left, and Fitch stopped him, and Mrs. Martin came out of the auto and started lashing Hall, the witness said. "VanWegen showed up, but I did not see what he did." Moore further testified the police also showed up, the crowd was dispersed, and "all concerned taken to the police station."
    Moore said, "I knew Croft, as he applied for aid the first day he was in town, and Col. Burton pointed out Fitch to me afterwards." The court ruled that Col. Burton hitting Fitch later with a pistol butt had nothing to do with the case under trial, when the defense started to dwell upon the turmoil incident.
Medford Mail Tribune, October 9, 1933, page 1


To the Editor:
    As you know I have been a reader of your paper ever since coming to Medford, nearly six years ago.
    Tonight's report of my withdrawing from Henrietta Martin's case, as produced in your paper, might leave the wrong impression with some people so I am going to give the facts regarding the same.
    I was engaged last spring to defend Mrs. Martin on the charge of riotous and disorderly conduct filed against her in the justice court, before Judge Coleman. We were going to try the case and then we heard through various sources that two of the jury drawn to try the case had expressed opinions. So we moved to strike out the jury and draw an entire new jury. In the meantime other cases came up and the district attorney's office took the matter before the grand jury, which met in the district attorney's office instead of trying it in justice court, with the result that Mrs. Martin was indicted by said grand jury.
    Later one Glen Jack of Oregon City was retained by Mrs. Martin to assist in the trial of her case. He has never appeared with or for her in court.
    We were given to understand that the case would be tried at the October term of the circuit court of Jackson County, Oregon, Mrs. Martin having entered a plea of not guilty. Then with short notice it was set for trial at this, the May term of court.
    Three days ago Mrs. Martin came to the office and told me she desired it postponed until such time as her other attorney, Glen Jack, could be present at the trial, stating that Mr. Jack's wife was dangerously ill in Oregon City and that it was necessary for him to remain there. I had also been so advised by Mr. Jack in a letter a day or two previous. I informed Mrs. Martin that the legal way to obtain a continuance of her case was to file a motion for continuance, supported by affidavit and showing the facts entitling her to said continuance. She asked that I draw such a motion, which I did and stated that she would call Mr. Jack by long distance phone and have him send me an affidavit from a physician that Mr. Jack's wife was dangerously ill and he was needed at home and that it would be inadvisable for him to come to Medford at this time. Instead of sending the affidavit, as Mrs. Martin said he would, and as I advised her was necessary, Mr. Jack simply wrote a letter to Judge Harry D. Norton, stating that his wife was ill and that he could not appear for the trial and asking that it be postponed. Now any lawyer knows that the method or manner of obtaining a continuance, far from being just a request or an attorney, is to file a motion for said continuance, which motion must be supported by affidavit setting out the facts upon which the motion is based, and Mr. Jack should have also known that this is the statutory manner of obtaining a continuance. Mrs. Martin was so advised by the undersigned.
    Naturally, the statute not being followed and no proper motion for continuance being filed, the Hon. H. D. Norton, as was his duty, refused the continuance, the case having been set for trial for some time and having been pending since spring.
    Yesterday afternoon Mrs. Martin, much put out because a letter from her "chief counsel" as she has chosen to call him did not operate as a motion, supported by affidavit, came to my office demanding that an affidavit of prejudice be filed against the Hon. H. D. Norton, as circuit judge, she having already exercised her prejudice rights against the Hon. Wm. Duncan, theretofore.
    Acting as her attorney, although perhaps not "chief counsel" if such an animal there be, I advised her against filing an affidavit of prejudice and stated to her that I would not care to represent a client who filed such an affidavit against Judge Norton.
    She stated that I should do as she stated, and I informed her that whenever a client refused to take my advice it was time that client engaged the services of another attorney, as I always supposed a client hired a lawyer to advise them and why ask advice if you will not heed it. I, therefore, withdraw from the case as her attorney.
    Had Mr. Jack forwarded an affidavit regarding his wife's condition properly sworn to by her attending physician, there is no question in my mind but that Judge Norton would have granted her a continuance of her case and the entire controversy, if any, [would] have been avoided. But when the law of the state says a motion supported by affidavit, maybe some of the lawyers and their clients will someday learn that that is what it means.
Medford, Oct. 8th.
Medford Mail Tribune, October 9, 1933, page 2


    Henrietta B. Martin, chief lieutenant of L. A. Banks in the turmoil and agitation that racked Jackson County, and chairman of the "Good Government Congress" convocations and "Grand Assemblies," whose last public oration was delivered from the courthouse steps on the day Banks declared his "revolution," was found guilty by a circuit court jury last night of "riotous, violent and disorderly conduct." The jury deliberated slightly less than four hours. Leniency was recommended. Mrs. Mary L. Phipps was jury forewoman. Sentence will be passed Wednesday morning. Six months in the county jail and $500 fine is the maximum sentence the law provides.
    Costs of the trial will be assessed to Mrs. Martin and under Oregon law are docketed as a judgment and enforceable as a lien. The cost total has not yet been computed.
    L. E. Fitch and L. O. VanWegen were found not guilty. C. H. Brown, father of Mrs. Martin, was acquitted, under instructions of the court. All were charged with participation in the attempted buggy-whipping of Leonard N. Hall, editor of the Jacksonville Miner, February 25 last. Mrs. Martin was president of the "Good Government Congress," her father secretary, and VanWegen and Fitch were "congressmen."
    It was a compromise, members of the jury said last night after the verdict, which was returned at 9:15 o'clock.
    Testimony was introduced to show that Brown purchased the buggy-whip and that Fitch and VanWegen had played minor roles as attendants of Mrs. Martin in the episode, which occurred in front of the "Daily News" office.
    Mrs. Martin, on the stand in her own behalf, admitted she wielded the lash and "endeavored to strike Hall in the mouth as squarely as I could." She maintained, however, she was "orderly" and acted "to defend her honor, and publicly resent an insult given." She added she horsewhipped the editor to "protect my husband and prevent bloodshed," but that her recollections of the affair was "slightly hazy," as it had "been a hard day." She testified she had lived in Medford since February, 1929. Witnesses for the defense, from Reno, Nev., were barred from testifying by a court ruling, which held the evidence should be confined to the actual assault.
    The court ruled that in passing sentence, it would weigh alleged provocative matters, but they had no place in the trial. Articles written and published by Hall were introduced as evidence by the defense to this end, but were excluded by the court, on the ground that the only thing the jury was to decide was whether or not the crime charged had been committed.
    Hall, on the stand as the final state witness, testified that Fitch took him by the arm when he left the News, and Mrs. Martin approached him with the whip. Hall testified he did not know for "certain" Mrs. Martin was "waiting for him" until the assault occurred.
    Mrs. Martin, with her mother, father and husband, were in court when the verdict was returned. They received it calmly. The defendant counseled frequently with her attorney, W. E. Phipps, in the conduct of the case.
Medford Mail Tribune, October 10, 1933, page 1


    Charles W. (Chuck) Davis, last of the ballot-theft defendants, and who entered a plea of guilty, was granted a suspended sentence in circuit court this morning.
    The action was taken upon the recommendation of the attorney general, and in accordance with the policy laid down by Circuit Judge G. F. Skipworth in meting punishment.
    The court explained that "at any time conditions warrant," Davis would be subject to further court action.
    "This defendant," said the court, "was the dupe of higher-ups, who are now paying the penalties of their unreasoning folly."
    The district attorney's office informed the court that Davis had rendered "valuable assistance to the state and corroborated evidence that the late county judge had plotted the ballot theft with Brecheen, Jones, and the Sexton brothers, in front of the sheriff's vault, on the night of the burglary." Davis counseled against the crime and advised Fehl, Jones, Brecheen, and the Sexton brothers, "you will get into trouble if you steal the ballots." Davis left the courthouse before the ballots were stolen, and had no part in the actual theft, the district attorney said.
    "Davis was the least culpable of all the lesser defendants," attorney Kelly said in behalf of Davis, and cited the dismissal of the indictment against E. A. Fleming of Jacksonville, and the parole of C. Jean Conner, "the bright boy of Pinehurst," and others involved.
    The court commented upon the tragedy in which Davis was involved, which resulted in the demise of Joseph B. (Bud) Johnston, following a street argument. Davis was exonerated by the grand jury of blame, supposedly on the ground of self-defense.
    Davis has been in the county jail practically all of the time since his arrest last February.
Medford Mail Tribune, October 11, 1933, page 1


    Passing of sentence upon Henrietta B. Martin, former president of the self-styled "Good Government Congress," and lieutenant of L. A. Banks, former local agitator now serving a life sentence for murder, was deferred this morning by Circuit Judge H. D. Norton, "to determine the attitude of this defendant. What the final decision will be depends upon her future course. I want to see what is going to happen. Neither the court nor the people of the county want any more foolishness."
    Mrs. Martin was found guilty by a circuit court jury late Monday of "riotous, violent and disorderly conduct," in connection with her attempted buggy-whipping of Leonard N. Hall, Jacksonville Miner editor, February 25 last.
    In a brilliant and scathing denunciation of the turmoil leaders, and followers, the court characterized the buggy-whipping as "a little echo of the turmoil…reflecting credit upon none of those concerned, as well as being silly and trivial.
    "Sub-normal people were led around by the nose by Banks and Fehl," said the court, "and are more an object of pity than condemnation. It is the opinion of the court that the individuals involved here today come under this classification. Out of ill-advised and intemperate leadership has come a tragedy from nothing and a turmoil that became a stench in the nostrils of the people of the state, and the nation.
    "Jackson County, up to few years ago, was noted for its sound citizenship and enterprise, but self-seeking apostles of reform, seeking to gain power through scurrilous criticism, plunged the county into a condition without parallel. It was a false leadership, and a destructive leadership.
    "Every official of the county, including this court--no matter how sincere, conscientious and honest--was subject to contemptible attacks from Banks and Fehl, subversive to law and order, and the peace of the community. All the charges were false and libelous."
    Other high points of the court's remarks were:
    "The county has been brought to the point of bankruptcy by the turmoil--which was a period of extreme insanity, and lack of common sense.
    "The preamble of the Good Government Congress, an organization founded by Banks and Fehl, enunciates principles anybody could subscribe to, and many people joined because of it. They were misled. But it was just a camouflage to mask the criminal operations of the leaders.
    "The defendant associated with these leaders, and came into the limelight, and now complains because she was in the limelight.
    "The court wants to see for itself whether an effort will be made to keep up the turmoil and stir up criminal activity, or whether the defendant will behave herself.
    "The people of Jackson County want peace. They need all their reserves to restore economic happiness, instead of battling disturbing elements in the community."
    Tho court said at one point of his remarks, "I am disposed to postpone sentence for six months, to see what will happen."
    In behalf of Mrs. Martin, attorney W. E. Phipps read articles published in the Jacksonville Miner, which he declared were "provocative and justified the assault, though it is not sanctioned by law."
    Attorney Phipps also read an item in the Mail Tribune of October, 1929, praising the technical ability of Mr. Martin in the preliminary work at the airport, and "the efforts of Mrs. Martin" as his private secretary, closing with the news the Martins had purchased a home on Beall Lane. He then presented for the court to see a recent issue with a picture of Mrs. Martin, which he claimed was "intended to distort, pervert, and make her hateful to the public."
    Attorney Phipps declared the assault grew out of a "political condition." Attorney Enright also spoke in behalf of the defendant.
    Mrs. Martin appeared in court, wearing a fashionable dress, and a brown hat with veil to match. She listened intently to the remarks of the court, at one time rapidly tapping the desk with her pencil and conferring with her counsel at other periods.
    The defense filed a motion for a new trial, and renewed its demurrer to the indictment.
Medford Mail Tribune, October 11, 1933, page 1


    Henrietta B. Martin, president of the late self-styled "Good Government Congress," found guilty of "riotous conduct" by a circuit court jury and granted a suspended sentence by Judge H. D. Norton, pending good behavior yesterday morning, yesterday afternoon, through her attorney, W. E. Phipps, filed a motion for a new trial.
    "Unquestionably a number of the jurors swore falsely regarding their prejudices and opinions to secure places on the jury," the motion alleges.
    Other allegations embodied in the document were:
    That the verdict was one of passion and prejudice; that the indictment did not state sufficient facts to constitute a crime; that the verdict was contrary to the evidence; that the verdict was contrary to the instructions of the court; that the defendants were not prepared for trial and that the court erred in not permitting the introduction of certain evidence and refusing to direct a verdict of not guilty as requested by the defendant, Henrietta B. Martin.
    L. O. VanWegen and L. E. Fitch, co-defendants, were acquitted by the jury on the same charge. The evidence showed VanWegen drove Mrs. Martin to the scene of the attempted buggy-whipping, and that Fitch, posted against a lamp post, attracted the attention of editor Leonard Hall when he left the News office.
    A directed verdict of not guilty was ordered by the court in favor of C. H. Brown, father of Mrs. Martin, similarly charged. All he did, the testimony showed, was to purchase the buggy-whip for the assault, and hide it in his pants leg.
    Arguments on the motion for a new trial will take place after the usual ten days.
Medford Mail Tribune, October 12, 1933, page 1


    The county court expects to settle within the week claims against it for gasoline incurred last January and February, when gasoline flowed freely and credit books were distributed with considerable zeal. The accounts have been hanging fire for some time, because County Clerk Carter insisted that vouchers be submitted, showing where, when, and to whom gasoline was distributed. Some of the cost has been paid.
    The accounts are a legacy of the Fehl regime, when people who claimed they had no beans; but always had gasoline to get to "Grand Assemblies" and "Special Conclaves."
    The amount is less than $500, and the oil companies concerned, today presented bundles of vouchers, showing delivery and dates, which will be checked.
Medford Mail Tribune, November 2, 1933, page 1


    C. Jean Conner, "the bright boy of Pinehurst," under a three-year sentence with parole, for his confessed part in the ballot-theft, is herding sheep on the broad and rolling ranges of Harney County, according to attorney H. Von Schmalz of Burns, to whom he was paroled by the court.
    The former vice-president of the self-styled "Good Government Congress," and reputed leader of the "Green Spring Mountain Boys," "is a very good boy, and hard worker," according to his parole guardian. "He is not in town," said attorney Von Schmalz, who is here as associate counsel in a circuit court case.
    The terms of the parole provide that Conner remain out of Jackson County for a year, returning during that period only with the permission of the court.
Medford Mail Tribune, November 7, 1933, page 3


    Several weeks ago the Mail Tribune published a news article setting forth that the county court had refused to pay certain gasoline bills, and telegraph and telephone tolls, on the grounds that they were incurred by persons for private, and not official business. The article stated that officials of the self-styled "Good Government Congress" had sent the telegrams. This was denied by the president of the organization, Mrs. Henrietta B. Martin. In support of the contention statements signed by County Clerk George R. Carter and the managers of the Western Union and Postal companies were published locally.
    Miss Bernice Cameron, manager of the Postal Telegraph, said this morning that Henrietta B. Martin recently paid a bill of $1.89 for a message sent last January during the Banks-Fehl agitation turmoil, to Chief Justice Charles E. Hughes at Washington, D.C. The message was signed by Earl H. Fehl, then county judge. Mrs. Martin was president of the organization during its heyday.
    County Clerk Carter states that shortly after the Mail Tribune article appeared, Mrs. Martin called and asked about the bill and expressed a willingness to pay it, explaining that she had requested Fehl for the bill, but was never able to receive any satisfaction. Clerk Carter said he referred Mrs. Martin to the manager of the Postal Telegraph. Manager Cameron inquired of the Portland office where all the unpaid accounts were then kept, and received notification of the debt in due time. Mrs. Martin then paid it, stating it was her account--this was subsequent to the publication of the article in the Mail Tribune.
    The Mail Tribune article also stated that a message from attorney Von Schmalz to his home in Burns, amounting to $1.13, was charged to the county. This was true. But Clerk Carter states that within the LAST TEN DAYS he received a craft from attorney Von Schmalz for $1.13. Attorney Von Schmalz was a defense counsel in all the ballot theft cases.
    Payment of the tolls for the Chief Justice Hughes and Von Schmalz messages wiped out the former charges to which this paper referred. The statements of the telegraph managers says they can find no unpaid messages charged to the "Good Government Congress" in their files. None of the above facts were set forth, and the story was only half-told. Payments by Mrs. Martin and attorney Von Schmalz for messages are not mentioned.
    The Mail Tribune article stated that a telegram had been sent to Congressman Mott at Washington, D.C. A notation beside the item in red pencil listed it as "GGC." County Clerk Carter says that this was an error, as it was afterwards discovered the Mott message was official county business when the county court investigated, and the G.G.C. had nothing to do with it.
    The county was also assessed for telephone calls made by Fehl to his attorney in Grants Pass, and to the sheriff of Coos County, a defense witness in the ballot cases. The county court is reluctant to pay, but will probably have to. No denial is made of the legitimacy of the long distance calls, as charged from the telephone records, or that Fehl made them, on personal matters.
    Heavy use of gasoline and charged to the county, during the months of the Banks-Fehl turmoil and the trial of Banks at Eugene, were also set forth in the article. Most of these charges have been paid, and some are pending.
    The district attorney's office this week stated that some confusion has arisen because the hospital bill of L. A. Banks, incurred after his conviction for murder, had not been paid. Banks went to the Eugene hospital for an operation, and remained for about a month. The district attorney's office states the hospital sojourn and medical attention was upon the understanding between counsel for the state, defense and the court, that Charles Moran of Cleveland, Ohio, would pay the bill, and that Jackson County would not be charged for it. Moran is a brother-in-law of Banks, now serving in state prison. The account is still unpaid.
Medford Mail Tribune, December 15, 1933, page 1


    C. Jean Conner, "bright boy of Pinehurst," vice-president and parliamentarian of the self-styled "Good Government Congress," and one of the leading noisemakers of that late organization, now on parole for his confessed part in the ballot thefts, is in economic stress.
    Lola M. Smith, welfare worker of Harney County, has advised the county court by letter that Conner and his wife, sister, and mother-in-law have applied for relief. The welfare worker cites the Oregon law that Conner has not been a resident of Harney County a sufficient length of time to receive aid there and that a pauper shall be cared for by the county from whence he hailed. The communication asked what Jackson County intended to do about it.
    The district attorney's office advised Harney County to take up the matter with Circuit Judge George F. Skipworth of Eugene, who paroled Conner to attorney Herman Von Schmalz of Burns. Attorney Von Schmalz, the letter states, is now ill but as soon as he is able the welfare worker will hold a conference with him. Conner was sentenced to a two-year term in state prison, and paroled, with the condition he stay out of Jackson County for one year. The court in passing sentence lectured Conner on the dangers of his agitating proclivities, and advised him to refrain therefrom in the future.
    The district attorney's office says that embarking on a matrimonial venture during a period of parole is not allowed, and subjects the paroled party to a revocation of the parole if the court sees fit. Conner was not married when paroled, and has evidently become a family man since.
    A few weeks after arriving in Harney County, Conner requested that he be pardoned so he could take up a homestead in Harney County. No action was ever taken on the plea.
Medford Mail Tribune, December 27, 1933, page 10


    With the ringing down of the curtain on the year 1933, Medford and Jackson County will realize the close of one of the most dramatic years in their history, which gained for this section international notoriety as a result of the sweeping political turmoil. The restoration to normal civic life has been rapid.
    And Jackson County, with thankful hearts for the return of peace, now hopes for a year of prosperity.
Medford Mail Tribune, December 31, 1933, page 7


    MEDFORD, Ore., May 10 (AP)--A straight-thinking newspaperman, who pitted clear editorial persuasion against the forces of political insurrection, directed the campaign which won for his paper the Pulitzer Prize for "the most distinguished and meritorious public service rendered by an American newspaper" in 1933.
    He is Robert W. Ruhl, 54-year-old editor of the Medford Mail Tribune and once a schoolmate of President Roosevelt at Harvard. He helped smash an upheaval in Jackson County which threatened guerrilla warfare in the first six months of 1933.
    Puhl's fight began when Llewellyn A. Banks, 70, an orchardist, developed political ambition and bought a newspaper plant to aid his desires.
    Stirred into a violent temper by what he thought were gross wrongs perpetrated by city and county officials and fellow residents of the Rogue River Valley, Banks organized his "Good Government Congress."
    Through his paper, the Daily News, he harangued the citizens and pleaded for support. "Ropes and nooses" for some county officials were demanded.
    The first bombshell burst when 10,000 general election ballets were stolen from the county courthouse on the eve of a recount on charges of fraud.
    In addition to the ballot theft charge, Banks was the defendant at that time in two criminal libel cases, one criminal syndicalism charge, and 18 or 20 lawsuits. Banks published an extra edition of his paper declaring he would resist arrest.
    "We have now come to that great showdown," his paper asserted, "where blood is likely to be spilled."
    Members of the "Good Government Congress" threatened to "take over Jackson County."
    Banks' prediction of bloodshed materialized on the morning of March 16, 1933. Constable George Prescott of Medford walked up the steps of Banks' residence with a warrant for the man's arrest. A rifle bullet blew off the top of his head.
    "I shot Prescott," Banks shouted as he stepped over the prostrate body. "He was trying to force his way into my house as any burglar would!"
    Banks was sentenced to life imprisonment.
    "Militant journalism," so called, had no place in editor Ruhl's program. He won his case with expressions of calm, deliberate judgment.
Niagara Falls Gazette, May 10, 1934, page 7





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