June 3, 1938 (6 pages)

Thinking Out Loud — By H. M. L. Even while the trial of defendants accused of rioting was in progress Judge Raglan Tuttlhe was in receipi of postcards from Oakland, reading: “T, the undersigned, demand the immediate and unconditional release of the six Murchie miners ‘charged with rioting. These union men have committed no crime and were arrested solely because they exercised their legal right to strike and picket. These framed arrests are merely an attempt on the part of the miners and their political servants to destroy the democratic rights of labor and the people of Nevada County.’’ Since January 20 Judge Tuttle has received thousands of such postals, most of them signed. It is a flagrant exhibition of mass contempt of court. However, George Anddrsonp attorney for these defendants, has said in open court that. if anyone tried to influence the court to, convict these defendants, it they would be “moral perverts,’ while anyone sending these ‘‘demands”’ to Judge Tuttle would be merely exercising itheir constitutional right to “‘petition ihe government.’’ We suppose, of course, ‘this was not said so much for the enlightenment of the court as for the gallery of CIO communists that was present when that extraordinary statement was ‘made. Despite «ihe New Dea] and the new thought that corrosively attacks the dignity of courts and the administration of justice, the most illuminating example of which was the President’s appointment of a former gold card member of the Ku Klux Kian to the United States Supreme Court, we still retain -a very definite opinion that even under this regime of stupid and loose thinking, these card writers are in contempt of court .and should be brought to bar to answer therefore. 3 The chief trouble with such a proweeding is the cost to the county, and beyond that the fact that the men and women who instigate this mass expression of contempt, would escape, while their ignorant and dejuded followers would receive the; punishment. om The theme of the ‘Barber of Seville’ a delightful comic opera is no more fanciful and exotic than the testimony given by the Barber of Wallace, at the trial. One may now comment upon this since he trial is concluded. Scott Erwin stood on a pank alongside the road and obseryed much that ‘happened. He saw a rock strike Sheriff Tobiassen in the neck, a rock ‘‘that would have felled a less husky man,’ and looked quickly to see who had thrown it. He saw only a thighway patrolman and, according to his testimony, knew that he could not have thrown the rock. The real role Scott played in the affair was when ithe fighting was over. Then he came forward, and said to the sheriff: ‘There has been bloodshed enough.’’ A truce was made and a ‘promise given that thereafter the picketing would be peaceful. A certain amount of blood it seems must be spilled to make a case for the CIO communists. For those wo do the bleed letting at the behest of their leader, we have. ® always had a feeling that they were tihe least guilty. Whether convicted or not has not much interested the writer of this column. As the law stands, it is extremeely difficult to convict inciters to mob violence. The “big shots’? who make truces after their followers are worsted in battles with peace officers are usually carefully protected from the conse quences of: their acts. Like the queen bee in the hive, they lay eggs, but the workers must sweat and toil ito support them and their offspring. —— Too often those who lead. labor mowadays ihave a gift of gab and an imagination that runs riot. In effect they are abortive Walt Disneys. Their whole outlook on life is fanciful and thoroughly impractical. Reid Robinson’s statement: “That when all labor is organized each man will reecive not less than $5,000 a year, is an example of the gift of gab wedded to a riotous ‘imagination. They. are able to delude and inspire those who hove to hear of a paradise which they may enter without sweat or worry. A party that enjoyed a happy week end in Nevada City were Miss Mann of Los Angeles, Miss Graham and Messrs George Foreman and evada City Nugget COVERS RICHEST GOLD AREA IN CALIF ORNIA From the Californian, March 15, 1848: The Liberty of the Press consists in the right to publish the Truth, with good motives and for ifiable ends. ton just— Alexander Hamil_Vol. 12. No. 44. _The County Seat Paper NEVADA CITY, CALIFORNIA ~The Gold Center FRIDAY, JUNE 3, q 938. a FIVE RIOTERS CON VICTED \epely Nevada City with the assistance of Grass Valley will celebrate the 90th birthday of Nevada City in a three day celebration over the second, third and fourth. The Fourth of July this year will not only represent our glorious American government but will also have entwined. the sentimeit of Mexico which will consist of history of the early days of the city when Mexican law was in force. The first law and order established in Nevada City was under a Mexican alcalde. The queen will be selected by vote. A contest will be held for: the next three weeks ending at the big fandango at Pioneers Park in Nevada City on Sunday June 26. The ladies of the auxiliary of the firemen have been asked to take charge of the contest and it is expected they will accept. Tickets will be djstributed to all merchants free and they will be expected to give each customer a ticket according to amount of purchases. Tickets will be for 10 cents, 25 cents, 50 cents and $1.00 purchases. Prizes will be awarded to the four ihighest ladies in the contest as follows: Elgin wrist watch donated by R. J. Berggren, local jeweler; $10 Drug Store; $5.00 merchandise order Boston Mercantile Co. On June 25 at Armory Hall a Mexican Fandango will be held in ithe evening and all the characteristics of Mexico will be. portrayed. This will be followed on the following day by a picnic and fandango at Pioneers Park on June 26. Dancing, games and baseball will be features merchandise order from Nevada City ' Nevada City To Stage Mexican Fiesta On It’s 90th Birthday and there’ is some talk of a bloodless bull fight. Funds raised from the Fandango of the 25 and 26 will be used to pay for the Fourth of July celegration. This is something new in the way of raising money as in the past merchants and citizens have been asked to contribute several hundred dollars to give the big. celebration, In the present case alt will play on the 25 and 26, as they pay for ithe coming event, of the second, third and fourth of July. Committees were chosen ata meeting held Wednesday evening and from the group of names it is believed that Nevada City is in ee a happy celebration, The following committees have been appointed by the Chamber of Commerce in connection with the . Fourth of July celebration: Executive Committee: George Gildersleeve, chairman. Hal Draper, Louis Kopp, Dick Lane, . Harry Poole, C. E. Bosworth, Frank Davies, Carroll ‘Coughlan, Ward Sheldon. Treasurer, Lloyd Dudley. Secretary, Ward Sheldon. Publici:y Committee, Emmet.Gallagher, John Gaskins, Alec Jacobs. Finance committee, Carl Tobiassen, chairman, George Calanan, Ward Sheldon. Invitations committee, Frank Finnegan, chairman, Miles Coughlan. Music committee, Myers Mobley, chairman. Beverly Barron,Pre-Fourth Celebration: Kopp, chairman, Hal Draper, Lane, C. Berggren. Louis Dick SACRAMENTO, June 2:—-Luther J. Gow, 28, identified in, the court of Supefior Judge Dal M. Lemmom as organizer and president of Local No. 83, Commitiee of Industrial Organization, has been sentenced to Folsom prison for his part in the systematic looting of foodstuffs from stores in the “Sacramento Public Market, Thirteenth and J streets. Henry Bisner, 48, watchman, who admitted Mrs. Hazel Ashley, 23, and her accomplices to the market over long period was placed on probation for six years. He must spend one year in the Sacramento County Industrial Road Camp and repay the market. $500 at the rate of $25 a month. Mrs. Ashley was placed on probaition for six years and must spend one year in the county jail. Mrs. Blanche Thompson, who posed as the wife of Gow, was given probation for three years. Probation Officer: ©. E, Wilson reported Mrs. Thompson’s only part was to prepare lists of groceries desired. She did the cooking but did not participate in the raids. His report also shows Gow admitted being on the Works Progress Adn{inistration payroll from May, 1937 to May 1938, during which time he received $181 a month as an organizer for the CIO. His activities as an organizer itook him to Boca and Nevada City, both in Nevada County The sentencing of the four disposed of all cases but one of the gang whose activities were discovered when Alva F. Love, manager of the market became suspicious and employed a ‘watchman to obse¥ve Hisner’s activities. The secret watchman called the police when he saw Bisner admit two persons to the Frank Hurley, ali of—Oakland,—and--pyitding early one Sunday morning. -Mr. and Mrs. James Storey of Auburn. Miss Graham is a sister of Mrs. Bert Foreman and Mrs. McQuay of Nevada City, George Foreman is a nephew of Bert Foreman. a Robert Ashley, 28, husband of Mrs. Ashley, and the fifth member of the gang,. was convicted by a jury and appeared today for sentence. He has asked for probation. The other where there were labor disturbances. . CIO Organizer and WPA Thief Sentenced defendants pleaded guilty. All except Hisner resided at 1309% I street. Eisner lived at 812% J street. JUDGE REBUKES ELAINE BLACK SAN . FRANCISCO, June Elaine Black, rich eccentric eal for her radical activities, drew a sharp rebuke Wednesday from Municipal’ Judge Thomas’ Prendergast when she sought to act as spokesman for two of the three men arrested in a disorder arising from the German Bund meeting here, She rose when the case was called and demanded a continuance because the attorney for the two defendants, Jack Sutcliffe and Alfred Taylor, had not appeared. “The court objects ito your taking part in proceedings here,’’ snapped the judge. ‘‘You are just a communist and have no standing in _ this court.’’ The cases, however, were put over to Saturday morning, along with that of the third defendant, George Essigman. All three are charged with disturbing the peace. SWIM POOL TO OPEN SUNDAY The swimming pool in Pioneers park will: be open next Sunday at noon, Verle Gray, life guard and manager of the pool, said yesterday. The ‘filter constructed last year will be used this year to clear the water of sediment. A new drain for the scum gutter is to be installed and the old drains cleared. Water running through ‘the filter will be treated with copper sulphate for algae and baccili, and a composition of chlorine will be used in the pool as a sanitary reagent, as it has been since the pool. was first opened. the hills of home, the river sang on ‘near; MANY ATTEND LAST RITE FOR DR. SAWYER Dr. W P. Sawyer, ‘highly esteemed doctor-who came to Nevada .City many years ago, passed away at.the family home Sunday after a long iliness. Services were held at the chapel in Holmes ‘Funeral Home Wednesday forenoon iand remakns were taken to Hast Lawn cemetery and cremated. Rev. H. H. Buckner of the Methodist church officiated at the service, Mrs. ‘Charles Elliott, sang ‘“‘Beautiful Isle of Somewhere” and “Abide With Me.’’ ‘She was accompanied by Mrs. P. Bonner. Dr. Sawyer was born. in Gasport, New York and came wesit afiter completion of his education. He planned to practice.in. Buffalo but his health failed and he continued to come west until he found this city to be the ideal place for him. He always took an active interest in the civic affairs of the community, a splendid citizen ‘ready to do his share in the betterment of his home city and county. Dr. Sawyer was greatly loved as a'physician for kindliness and sympathy in illness. He married Miss Helen Ransome in August 1908, and enjoyed an ideal home life. He Jeaves to mourn his passing his deyoted wife, ithree daughters, Mrs. T. R. Tetz, Mrs. EIbridge Skeahan, Miss Gertrude Sawyer and a sister and (brother the latter two being in the east. Dr. Sawyer was a member of Milo Lodge, Knights of. Pythias and Nevada City Lodge, No. 518, B.°\P. O. Elks. His funeral was largely attended by friends and lodge members attesting to the high regard in which he was held. DR. W.P.SAWYER Tribute By A. MERRIAM CONNER The sparkling freshness of early morning merged at dength into the splendor of high noon, sunset faded and stars shone from the dusky skies, soft winds whispered across its way to the open sea, and into the peace and beauty of the _ fragrant, night, to us came the belated message—Dr. Sawyer had slipped through the mists and shadows of this earthly life into the light of an endless day. The passing of this kindly, gracious gentleman leaves many aching hearts, not only in Nevada County, which was ihis home for many years, but far beyond her smiling borders as well. The circle of his acquaintanceship was indeed a wide one, and of him it may be truthfully said: “None knew him but to love him, None named him but to praise.” His delightful presence is no longer with us; but as the radiance of the -after-glow illumines the sky when day is done, so will the memories with which ‘he enriched us, the lidents he cherished and the examples of faith and courage . set throughout his long life of service and successful endeavor, glorify the shadows that fall about us: now and inspire us to lofty emulation through all the days to come. . Youth with its dreams and aspirations merged at length into the high noon of splendid manhood, the long afternoon wore’ away, night drew soft winds floated down from hillsides far away, the river of life flowed on to lose itself in the ocean of eternity; but through the long day, even unto the end, the soul of Dr. Sawyer fared on, dauntless and unafraid. We may think of him as “One who never turned his back, but marched breast forward, Nevar doubted clouds would break, Never dreamed, though right were ‘worsted, wrong would triumph, Held we fall to rise, are baffled to fight’ better. Sleep to_wake,” The influence of Dr. Sawyer’s life cannot be lost; it will live in the hearts and lives of those who knew and loved him; it will comfort those who mourn his absence; it will— “Roll from soul to soul And grow forever and forever.” Defense Lawyer Asks Probation For Guilty The jury sitting in the case of the . Vasion,. their prerogative under the law to People versus Yuen, Staton, Zdrich, and Circle, charged with rioting, after deliberating for fifty minutes; brought in a verdict of euilty-yesterday afternoon. The ver dict applies individually and collectively. During their deliberations the jury sent out for a photograph taken by Tom Arden the Sacramento Bee representative, while the riot on the Murchie mine.road on the morning of January 20, was in progress and Sheriff Tobiassen and deputies: opened the road for the miners to return to work. An application for probation made by Attorney George Anderson for the defense and Judge Tuttle referred the matter to Probation Officer A. W. McGagin, who will make his report to the court by June 9, next Thursday. A motion for a new trial was denied. The trial began May 17 and lasted, with some intermissions due to a holiday and a law motion day in court, for three weeks and one day. While Attorney Anderson frequently pleaded that no concert of action was shown the testimony of those was who had heard C. E. Circle one of . the defendants who ‘tried to upset the first automobile in the miners caravan ‘returning to work January 20, declaim that they» must die rather than permit the miners to pass, they were standing on their consti-tutional rights, and that ‘‘President Roosevelt was behind them,’ not only destroyed ‘the theory of individual action,.but inevitably indicated concerted and planned action. _ The romantic and fanciful testimony of Scott Erwin, former barber of Wallace, Idaho, to the effect that Henry Yuen one of the defendants, while engaged in putting his glove over the end of exhaust pipes in order to stall the engines, came near getting his legs and arms cut off by a driver or ‘drivers in the cars behind the one on which. Yuen was centering his attention, Thedriver, according to Erwin would step on the gas and crash his front bumper against the rear. bumper of the car ahead. No one else witnessed this occurence, or at least testified to it. Even the court took notice of Mr. Erwin’s extraordinary imagination. : Judge Tuttle among others gave these instructions to the jury. I instruct you that if you find that the occupants of 'the automobiles which arrived and were stopped on the Murchie. road were employees of the Murchie mine on the way to work on the morning of the occurrence, and that it was necessary for such employees to use said road in going and. coming to work, then, in that event I instruct you that such employees had a lawful right to traverse and use said road on the morning of January 20, 1938. , The defendants, in pursuance of their strike, which was lawful, had the legal right to maintain a peaceful picket line, and in so doing they can not be deemed to have engaged in a riot, but in maintaining such picket line, it is unlawful, by means of physical force or violence, or physical restraint, to interfere with the going to and returning from work on the part of any employee of the party or corporation against whom such picket line is directed or maintained. In addition to these instructions on the law the court has a few comments to make to the jury, not so much as to the facts but as to the creditibility of 'the witnesses. I want to state that any comments I make to you from ‘this time on are not binding on you in any manner, shape or form. They are simply devised by the law as aids to you, if they are of any assistance, in arriving at a just and proper verdict; but you are not to consider them obligatory in any manner. There ‘has been “considerable contradictory evidence in this case, but that is not unusual in criminal cases or in civil cases for that matter. There are quite often contradictions and conflicts tin the testimony of the witnesses, and when those appear it Re right is the duty of the jurors.to exercise believe whom they please, guided by the instructions as to the law given to you by the court. You have the to tconsider whether the_evidence is conflicting, when one witness testifies to one thing and affother testifies to another, the witness’s demeanor on the witness stand, any discrecapcies or contradictions with reference to a witness’s testimony—all those things you must take into consideration and it is for you to finally say which one is telling the real truth. Particularly in this case I think that is true. There are and must be different versions of a conflict of this character or episode or whatever you might call iit. The evidence shows there was considerable stress upon everyone out there on the morning of January 20th and I feel that that may give rise to different versions of what took place. That is something that you will have to use your judgment upon and decide for yourself, as to where the truth ultimately lies. With reference to the witnesses (Continued on Page Five ) MEMBERS CLASS OF 1888 ENJOY DINNER REUNION were Wednesday evening, at and Mrs. George Legg hosts on their home on Nevada street at a reunion dinner to members of the class of 1888 of the Nevada City high school of which Mr. Legg was a member. 1888 is fifty years ago and the group had a wonderful evening of reminiscences. Present at the sumptuous dinner which was presided over by Mrs. Legg were: Mr. and Mrs. George Legg, Mr. Joe Stenger of Nevada City, Mrs. Anette Dorsey of Berkeley, (nee Nettie Breed), Attorney and Mrs Barnum Power (nee Minnie Lester) of San Francisco. This was only a neuclus of the class of 1888 graduates which numbered 20. Some have passed away and others were unable to come to Nevada City for the occasion. The class was composed of: Minnie Lester, Nettie Hackley, Molly Rosenthal, Jennie White, May Ashburn, George Legg, Louie Woodruff, Maggie Hutchinson, Rachel Morgan, Nettie Breed, Flora Miller, Thomas Goyne, Bert Dickerman, Minnie McNeeley, Maggie Shahaen, Horace Rolfe, Orlena Arnhart, Joseph Stenger, Ella Leonard and Lucy Hurst. Mr. Legg had files of old time school papers some of which he has given to the Nevada City high school. Copies of the Transcript of Nevada City which had ‘the account of the graduating exercises of the class were also enjoyed. Miss Minnie Lester was valedictorian of the class. George Leege’s essay in its entirety was printed in the Transcript_and is given in a separate column of this issue of the Nugget“THEBOOMIN CALIFORNIA” BY 1888 GRADUATE (GEORGE LEGG ESSAY, GRADUATION 1888) George Legg at the high school commencement exercises held in the theatre Thursday afternoon made the following: remarks about the boom in California. ; “What is the boom? Where is the boom? Why is it and what are its . effects?) Webster says to boom is rush and to roar, Figuratively it means a rush or stampede ple to one locality. ‘ . “They have had a boom in Southern California, For several ) (Continued o1

Thinking Out Loud — By H. M. L. Even while the trial of defendants accused of rioting was in progress Judge Raglan Tuttlhe was in receipi of postcards from Oakland, reading: “T, the undersigned, demand the immediate and unconditional release of the six Murchie miners ‘charged with rioting. These union men have committed no crime and were arrested solely because they exercised their legal right to strike and picket. These framed arrests are merely an attempt on the part of the miners and their political servants to destroy the democratic rights of labor and the people of Nevada County.’’ Since January 20 Judge Tuttle has received thousands of such postals, most of them signed. It is a flagrant exhibition of mass contempt of court. However, George Anddrsonp attorney for these defendants, has said in open court that. if anyone tried to influence the court to, convict these defendants, it they would be “moral perverts,’ while anyone sending these ‘‘demands”’ to Judge Tuttle would be merely exercising itheir constitutional right to “‘petition ihe government.’’ We suppose, of course, ‘this was not said so much for the enlightenment of the court as for the gallery of CIO communists that was present when that extraordinary statement was ‘made. Despite «ihe New Dea] and the new thought that corrosively attacks the dignity of courts and the administration of justice, the most illuminating example of which was the President’s appointment of a former gold card member of the Ku Klux Kian to the United States Supreme Court, we still retain -a very definite opinion that even under this regime of stupid and loose thinking, these card writers are in contempt of court .and should be brought to bar to answer therefore. 3 The chief trouble with such a proweeding is the cost to the county, and beyond that the fact that the men and women who instigate this mass expression of contempt, would escape, while their ignorant and dejuded followers would receive the; punishment. om The theme of the ‘Barber of Seville’ a delightful comic opera is no more fanciful and exotic than the testimony given by the Barber of Wallace, at the trial.. One may now comment upon this since he trial is concluded. Scott Erwin stood on a pank alongside the road and obseryed much that ‘happened. He saw a rock strike Sheriff Tobiassen in the neck, a rock ‘‘that would have felled a less husky man,’ and looked quickly to see who had thrown it. He saw only a thighway patrolman and, according to his testimony, knew that he could not have thrown the rock. The real role Scott played in the affair was when ithe fighting was over. Then he came forward, and said to the sheriff: ‘There has been bloodshed enough.’’ A truce was made and a ‘promise given that thereafter the picketing would be peaceful. A certain amount of blood it seems must be spilled to make a case for the CIO communists. For those wo do the bleed letting at the behest of their leader, we have. ® always had a feeling that they were tihe least guilty. Whether convicted or not has not much interested the writer of this column. As the law stands, it is extremeely difficult to convict inciters to mob violence. The “big shots’? who make truces after their followers are worsted in battles with peace officers are usually carefully protected from the conse quences of: their acts. Like the queen bee in the hive, they lay eggs, but the workers must sweat and toil ito support them and their offspring. —— Too often those who lead. labor mowadays ihave a gift of gab and an imagination that runs riot. In effect they are abortive Walt Disneys. Their whole outlook on life is fanciful and thoroughly impractical. Reid Robinson’s statement: “That when all labor is organized each man will reecive not less than $5,000 a year, is an example of the gift of gab wedded to a riotous ‘imagination. They. are able to delude and inspire those who hove to hear of a paradise which they may enter without sweat or worry. A party that enjoyed a happy week end in Nevada City were Miss Mann of Los Angeles, Miss Graham and Messrs George Foreman and evada City Nugget COVERS RICHEST GOLD AREA IN CALIF ORNIA From the Californian, March 15, 1848: The Liberty of the Press consists in the right to publish the Truth, with good motives and for ifiable ends. ton just— Alexander Hamil_Vol. 12. No. 44. _The County Seat Paper NEVADA CITY, CALIFORNIA ~The Gold Center FRIDAY, JUNE 3, q 938. a FIVE RIOTERS CON VICTED \epely Nevada City with the assistance of Grass Valley will celebrate the 90th birthday of Nevada City in a three day celebration over the second, third and fourth. The Fourth of July this year will not only represent our glorious American government but will also have entwined. the sentimeit of Mexico which will consist of history of the early days of the city when Mexican law was in force. The first law and order established in Nevada City was under a Mexican alcalde. The queen will be selected by vote. A contest will be held for: the next three weeks ending at the big fandango at Pioneers Park in Nevada City on Sunday June 26. The ladies of the auxiliary of the firemen have been asked to take charge of the contest and it is expected they will accept. Tickets will be djstributed to all merchants free and they will be expected to give each customer a ticket according to amount of purchases. Tickets will be for 10 cents, 25 cents, 50 cents and $1.00 purchases. Prizes will be awarded to the four ihighest ladies in the contest as follows: Elgin wrist watch donated by R. J. Berggren, local jeweler; $10 Drug Store; $5.00 merchandise order Boston Mercantile Co. On June 25 at Armory Hall a Mexican Fandango will be held in ithe evening and all the characteristics of Mexico will be. portrayed. This will be followed on the following day by a picnic and fandango at Pioneers Park on June 26. Dancing, games and baseball will be features merchandise order from Nevada City ' Nevada City To Stage Mexican Fiesta On It’s 90th Birthday and there’ is some talk of a bloodless bull fight. Funds raised from the Fandango of the 25 and 26 will be used to pay for the Fourth of July celegration. This is something new in the way of raising money as in the past merchants and citizens have been asked to contribute several hundred dollars to give the big. celebration, In the present case alt will play on the 25 and 26, as they pay for ithe coming event, of the second, third and fourth of July. Committees were chosen ata meeting held Wednesday evening and from the group of names it is believed that Nevada City is in ee a happy celebration, The following committees have been appointed by the Chamber of Commerce in connection with the . Fourth of July celebration: Executive Committee: George Gildersleeve, chairman. Hal Draper, Louis Kopp, Dick Lane, . Harry Poole, C. E. Bosworth, Frank Davies, Carroll ‘Coughlan, Ward Sheldon. Treasurer, Lloyd Dudley. Secretary, Ward Sheldon. Publici:y Committee, Emmet.Gallagher, John Gaskins, Alec Jacobs. Finance committee, Carl Tobiassen, chairman, George Calanan, Ward Sheldon. Invitations committee, Frank Finnegan, chairman, Miles Coughlan. Music committee, Myers Mobley, chairman. Beverly Barron,Pre-Fourth Celebration: Kopp, chairman, Hal Draper, Lane, C. Berggren. Louis Dick SACRAMENTO, June 2:—-Luther J. Gow, 28, identified in, the court of Supefior Judge Dal M. Lemmom as organizer and president of Local No. 83, Commitiee of Industrial Organization, has been sentenced to Folsom prison for his part in the systematic looting of foodstuffs from stores in the “Sacramento Public Market, Thirteenth and J streets. Henry Bisner, 48, watchman, who admitted Mrs. Hazel Ashley, 23, and her accomplices to the market over long period was placed on probation for six years. He must spend one year in the Sacramento County Industrial Road Camp and repay the market. $500 at the rate of $25 a month. Mrs. Ashley was placed on probaition for six years and must spend one year in the county jail. Mrs. Blanche Thompson, who posed as the wife of Gow, was given probation for three years. Probation Officer: ©. E, Wilson reported Mrs. Thompson’s only part was to prepare lists of groceries desired. She did the cooking but did not participate in the raids. His report also shows Gow admitted being on the Works Progress Adn{inistration payroll from May, 1937 to May 1938, during which time he received $181 a month as an organizer for the CIO. His activities as an organizer itook him to Boca and Nevada City, both in Nevada County The sentencing of the four disposed of all cases but one of the gang whose activities were discovered when Alva F. Love, manager of the market became suspicious and employed a ‘watchman to obse¥ve Hisner’s activities. The secret watchman called the police when he saw Bisner admit two persons to the Frank Hurley, ali of—Oakland,—and--pyitding early one Sunday morning. -Mr. and Mrs. James Storey of Auburn. Miss Graham is a sister of Mrs. Bert Foreman and Mrs. McQuay of Nevada City, George Foreman is a nephew of Bert Foreman. a Robert Ashley, 28, husband of Mrs. Ashley, and the fifth member of the gang,. was convicted by a jury and appeared today for sentence. He has asked for probation. The other where there were labor disturbances. . CIO Organizer and WPA Thief Sentenced defendants pleaded guilty. All except Hisner resided at 1309% I street. Eisner lived at 812% J street. JUDGE REBUKES ELAINE BLACK SAN . FRANCISCO, June Elaine Black, rich eccentric eal for her radical activities, drew a sharp rebuke Wednesday from Municipal’ Judge Thomas’ Prendergast when she sought to act as spokesman for two of the three men arrested in a disorder arising from the German Bund meeting here, She rose when the case was called and demanded a continuance because the attorney for the two defendants, Jack Sutcliffe and Alfred Taylor, had not appeared. “The court objects ito your taking part in proceedings here,’’ snapped the judge. ‘‘You are just a communist and have no standing in _ this court.’’ The cases, however, were put over to Saturday morning, along with that of the third defendant, George Essigman. All three are charged with disturbing the peace. SWIM POOL TO OPEN SUNDAY The swimming pool in Pioneers park will: be open next Sunday at noon, Verle Gray, life guard and manager of the pool, said yesterday. The ‘filter constructed last year will be used this year to clear the water of sediment. A new drain for the

scum gutter is to be installed and the old drains cleared. Water running through ‘the filter will be treated with copper sulphate for algae and baccili, and a composition of chlorine will be used in the pool as a sanitary reagent, as it has been since the pool. was first opened. the hills of home, the river sang on ‘near; MANY ATTEND LAST RITE FOR DR. SAWYER Dr. W P. Sawyer, ‘highly esteemed doctor-who came to Nevada .City many years ago, passed away at.the family home Sunday after a long iliness. Services were held at the chapel in Holmes ‘Funeral Home Wednesday forenoon iand remakns were taken to Hast Lawn cemetery and cremated. Rev. H. H. Buckner of the Methodist church officiated at the service, Mrs. ‘Charles Elliott, sang ‘“‘Beautiful Isle of Somewhere” and “Abide With Me.’’ ‘She was accompanied by Mrs. P. Bonner. Dr. Sawyer was born. in Gasport, New York and came wesit afiter completion of his education. He planned to practice.in. Buffalo but his health failed and he continued to come west until he found this city to be the ideal place for him. He always took an active interest in the civic affairs of the community, a splendid citizen ‘ready to do his share in the betterment of his home city and county. Dr. Sawyer was greatly loved as a'physician for kindliness and sympathy in illness. He married Miss Helen Ransome in August 1908, and enjoyed an ideal home life. He Jeaves to mourn his passing his deyoted wife, ithree daughters, Mrs. T. R. Tetz, Mrs. EIbridge Skeahan, Miss Gertrude Sawyer and a sister and (brother the latter two being in the east. Dr. Sawyer was a member of Milo Lodge, Knights of. Pythias and Nevada City Lodge, No. 518, B.°\P. O. Elks. His funeral was largely attended by friends and lodge members attesting to the high regard in which he was held. DR. W.P.SAWYER Tribute By A. MERRIAM CONNER The sparkling freshness of early morning merged at dength into the splendor of high noon, sunset faded and stars shone from the dusky skies, soft winds whispered across its way to the open sea, and into the peace and beauty of the _ fragrant, night, to us came the belated message—Dr. Sawyer had slipped through the mists and shadows of this earthly life into the light of an endless day. The passing of this kindly, gracious gentleman leaves many aching hearts, not only in Nevada County, which was ihis home for many years, but far beyond her smiling borders as well. The circle of his acquaintanceship was indeed a wide one, and of him it may be truthfully said: “None knew him but to love him, None named him but to praise.” His delightful presence is no longer with us; but as the radiance of the -after-glow illumines the sky when day is done, so will the memories with which ‘he enriched us, the lidents he cherished and the examples of faith and courage . set throughout his long life of service and successful endeavor, glorify the shadows that fall about us: now and inspire us to lofty emulation through all the days to come. . Youth with its dreams and aspirations merged at length into the high noon of splendid manhood, the long afternoon wore’ away, night drew soft winds floated down from hillsides far away, the river of life flowed on to lose itself in the ocean of eternity; but through the long day, even unto the end, the soul of Dr. Sawyer fared on, dauntless and unafraid. We may think of him as “One who never turned his back, but marched breast forward, Nevar doubted clouds would break, Never dreamed, though right were ‘worsted, wrong would triumph, Held we fall to rise, are baffled to fight’ better. Sleep to_wake,” The influence of Dr. Sawyer’s life cannot be lost; it will live in the hearts and lives of those who knew and loved him; it will comfort those who mourn his absence; it will— “Roll from soul to soul And grow forever and forever.” Defense Lawyer Asks Probation For Guilty The jury sitting in the case of the . Vasion,. their prerogative under the law to People versus Yuen, Staton, Zdrich, and Circle, charged with rioting, after deliberating for fifty minutes; brought in a verdict of euilty-yesterday afternoon. The ver dict applies individually and collectively. During their deliberations the jury sent out for a photograph taken by Tom Arden the Sacramento Bee representative, while the riot on the Murchie mine.road on the morning of January 20, was in progress and Sheriff Tobiassen and deputies: opened the road for the miners to return to work. An application for probation made by Attorney George Anderson for the defense and Judge Tuttle referred the matter to Probation Officer A. W. McGagin, who will make his report to the court by June 9, next Thursday. A motion for a new trial was denied. The trial began May 17 and lasted, with some intermissions due to a holiday and a law motion day in court, for three weeks and one day. While Attorney Anderson frequently pleaded that no concert of action was shown the testimony of those was who had heard C. E. Circle one of . the defendants who ‘tried to upset the first automobile in the miners caravan ‘returning to work January 20, declaim that they» must die rather than permit the miners to pass, they were standing on their consti-tutional rights, and that ‘‘President Roosevelt was behind them,’ not only destroyed ‘the theory of individual action,.but inevitably indicated concerted and planned action. _ The romantic and fanciful testimony of Scott Erwin, former barber of Wallace, Idaho, to the effect that Henry Yuen one of the defendants, while engaged in putting his glove over the end of exhaust pipes in order to stall the engines, came near getting his legs and arms cut off by a driver or ‘drivers in the cars behind the one on which. Yuen was centering his attention, Thedriver, according to Erwin would step on the gas and crash his front bumper against the rear. bumper of the car ahead. No one else witnessed this occurence, or at least testified to it. Even the court took notice of Mr. Erwin’s extraordinary imagination. : Judge Tuttle among others gave these instructions to the jury. I instruct you that if you find that the occupants of 'the automobiles which arrived and were stopped on the Murchie. road were employees of the Murchie mine on the way to work on the morning of the occurrence, and that it was necessary for such employees to use said road in going and. coming to work, then, in that event I instruct you that such employees had a lawful right to traverse and use said road on the morning of January 20, 1938. , The defendants, in pursuance of their strike, which was lawful, had the legal right to maintain a peaceful picket line, and in so doing they can not be deemed to have engaged in a riot, but in maintaining such picket line, it is unlawful, by means of physical force or violence, or physical restraint, to interfere with the going to and returning from work on the part of any employee of the party or corporation against whom such picket line is directed or maintained. In addition to these instructions on the law the court has a few comments to make to the jury, not so much as to the facts but as to the creditibility of 'the witnesses. I want to state that any comments I make to you from ‘this time on are not binding on you in any manner, shape or form. They are simply devised by the law as aids to you, if they are of any assistance, in arriving at a just and proper verdict; but you are not to consider them obligatory in any manner. There ‘has been “considerable contradictory evidence in this case, but that is not unusual in criminal cases or in civil cases for that matter. There are quite often contradictions and conflicts tin the testimony of the witnesses, and when those appear it Re right is the duty of the jurors.to exercise believe whom they please, guided by the instructions as to the law given to you by the court. You have the to tconsider whether the_evidence is conflicting, when one witness testifies to one thing and affother testifies to another, the witness’s demeanor on the witness stand, any discrecapcies or contradictions with reference to a witness’s testimony—all those things you must take into consideration and it is for you to finally say which one is telling the real truth. Particularly in this case I think that is true. There are and must be different versions of a conflict of this character or episode or whatever you might call iit. The evidence shows there was considerable stress upon everyone out there on the morning of January 20th and I feel that that may give rise to different versions of what took place. That is something that you will have to use your judgment upon and decide for yourself, as to where the truth ultimately lies. With reference to the witnesses (Continued on Page Five ) MEMBERS CLASS OF 1888 ENJOY DINNER REUNION were Wednesday evening, at and Mrs. George Legg hosts on their home on Nevada street at a reunion dinner to members of the class of 1888 of the Nevada City high school of which Mr. Legg was a member. 1888 is fifty years ago and the group had a wonderful evening of reminiscences. Present at the sumptuous dinner which was presided over by Mrs. Legg were: Mr. and Mrs. George Legg, Mr. Joe Stenger of Nevada City, Mrs. Anette Dorsey of Berkeley, (nee Nettie Breed), Attorney and Mrs Barnum Power (nee Minnie Lester) of San Francisco. This was only a neuclus of the class of 1888 graduates which numbered 20. Some have passed away and others were unable to come to Nevada City for the occasion. The class was composed of: Minnie Lester, Nettie Hackley, Molly Rosenthal, Jennie White, May Ashburn, George Legg, Louie Woodruff, Maggie Hutchinson, Rachel Morgan, Nettie Breed, Flora Miller, Thomas Goyne, Bert Dickerman, Minnie McNeeley, Maggie Shahaen, Horace Rolfe, Orlena Arnhart, Joseph Stenger, Ella Leonard and Lucy Hurst. Mr. Legg had files of old time school papers some of which he has given to the Nevada City high school. Copies of the Transcript of Nevada City which had ‘the account of the graduating exercises of the class were also enjoyed. Miss Minnie Lester was valedictorian of the class. George Leege’s essay in its entirety was printed in the Transcript_and is given in a separate column of this issue of the Nugget“THEBOOMIN CALIFORNIA” BY 1888 GRADUATE (GEORGE LEGG ESSAY, GRADUATION 1888) George Legg at the high school commencement exercises held in the theatre Thursday afternoon made the following: remarks about the boom in California. ; “What is the boom? Where is the boom? Why is it and what are its . effects?) Webster says to boom is rush and to roar, Figuratively it means a rush or stampede ple to one locality. ‘ . “They have had a boom in Southern California, For several ) (Continued o1