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Collection: Newspapers > Nevada City Nugget

November 27, 1944 (4 pages)

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tate a lts ap iz th ipme is wa uber, venti Oo. (th es fiy _ Coul e Uni on j _ thir 4 “ gustice habitually, who find fault _eollided with the law. or traffic laws. They carry resent<i Fl . “citizen may arrest any person charg“ithe “benefit of the doubt” on. two ‘unanimously held. Davis blameless. your home twice a week for only 30 cents per month The Se pineiptt is delivered to . “God grants liberty only to those who love it, and are ready to nee amd defend it.” —Daniel Webster Nevada City Ni u x = COVERS RICHEST GOLD AREA IN CALIFORNIA gget I This paper gives you complete coverage of all local happenings. If you want to read about your friends, your neighbors, and. your ae ‘town, read The Nugget. — Vol. 18, No. 93. —— Thinking . Out Loud te . ‘By H. M. LL. In every community there is group who criticise the administration of mith the officers who enforee the jaw, and in general express hatred for all those who enforce the law, all those charged with keeping the peace. These malcontents form the core of any movement to discredit peace officers and the courts. Some of them, at one time or another have They have been fined for drunkenness, disturbing peace, for violations of game ment for years_and when they see an opportunity, join'in a pack and burst into full cry on the trail of of* ficers whose duty it is to enforce the law, tley go to it. This phenomenon almost always occurs when some notorious outlaw bites the dust. The’sensibilities of this group is then deeply shocked. If convicted of his crimes by a ery, the courts and members of the jury are attacked, The prosecuting attormey is showered with abuse. If killed olitright while evading arrest, the ery is that he wag a poor, unoffending wretch whose only ,fault was that he annoyed the sheriff or the chief of police, ag the case may be. The Bbaugh tragedy its a case in ‘point. A considerable group of skepties seems bent on convicting the sheriff and district attorney of wanton neglect of their duty in not arresting the man who shot Ebaugh, and of demanding a trial for murder, of the man who ‘put an end to Hibaughs extraordinary and _ lurid eareer. Probably a great many of those who are signing petitions in circulation are convjnced a miscarTraligé of justice hag taken * place, however ignorant they may be.of the facts and the law. Let’s deal first with the law. Any ed with a felony. If a person so charged attempts to evade arrest, the citizen seeking to arrest him, may ‘shoot him. Please note that the law ‘does not require ‘the citizen attempting to make the arrest prove that the man evading arrest was guilty of a felony, only that he was charged ‘with a felony or suspected of it. The fact is that Bbhaugh.= was eharged with two felonies, one of killing cattle and the other of kill‘Ing a man, Henry Lewis. If he were innocent he had had ample time <o ‘Surrender and stand trial. He did NOt choose to do so, though he had ‘stood trial twice before, and had been acquitted of ‘two felonies. So ar as ‘his’ experience with law énforcement went he had ‘been given ; ‘Me had eluded arrest on ‘ =~ wattle ‘killing charge for almoat. @ Year and on the . man killing charge, for‘a month. He was a fugi‘tive eine justice. Any citizen had a r the law to ‘arrest him. « Next came the coroner's inquest. ‘The jury sittin in the cast consisted ot 8 Grass Valley residents and two ‘trom Nevada City. This is mentioned ‘to indicate’ that eight of the 10 man TY were not near Pbaugh’s neigh. Berhood and presumably were withUt prejudice. The jury of 10 mét Since that time, agun hag been Wiseovered in the cabin. Ebaugh oc+ ‘upied when killed. No doubt. re, Mains in the minds of any reasonable Man or woman, that Ebaugh was Tushing for (his gun, when he was + But whether he was or not makes ho difference legally. Davis Melieved he was going for his gun and shot him when he avoided arrest, * Was an element of self deintroduced here, but need not ‘De pleaded, because, under the law, s Was warranted in shooting. for. the simple reason that ‘Was evading arrest. ‘The « arrest ‘by citizens of a feloner in the history of this country, _The County § Seat <a ‘{Irvin W. Davis; a citizen accused “of ‘felony, is unusual, fe the first, WILLIAM EBAUGH BORNE TO REST Following ‘the Episcopal © service for the dead, Yead by Rev. (Cedric Porter, rector of Trinity Church in Nevada City, the remains of William Ebaugh, charged with the murder of Henry Lewis on October 14th, were carried from the chapel of Hooper and Weaver Mortuary in Grass Valley Friday, and interred in the plot of the Hecker family in Pine Grove Cemetery outside Nevada City. An audience of about 60 persons attended the service. Four men volunteered their services ag pall bearers when ¢alled upon by Howard M. Edwards, deputy coroner. “The plot in which Ebaugh rests contains the remains of his grandparents, Mr. and Mrs, Sherman Hecker, and two uncles’“who died in the influenza epidemic of 19118. Ebaugh was shot and killed by who _ attempted to arrest him, on the morning of November 17th. He died on the porch of a cabin a mile and half’ from White Cloud, 12 miles east of Nevada City. Davis, who had discovered that the cabin was occupied, lay in wait concealed in the woods. Ebaugh for whom a citizens committee had offered a reward of $300, ‘dead or alive’, appeared, about 10 o’clock on his porch. According to the testimony of Davis before the coroner’s jury, Davis. waited, while’ he identified him, until Bbaugh made his third appearance on the porch. He then called on Ebaugh to surrender. Mbaugh made a rush for the cabin door and died instantly when Davis shot him, At the time of his death, Sheriff (Carl J. Tobiassen had hunted Bbaugh for a year on a charge of killing cattle, and had redowbled his efforts 4or a month on a charge of murdering Henry Lewis, wounded veteran of World War II, who was hunting deer with his father, brother, and Fred Reed. According to evidence in the sheriff's possession Lewis was shot immediately when he stumbled upon the entrance to the .thnnel, where Bhaugh had ‘been hiding for almost a year. It is charged that Ebaugh dragged Lewis*s’ hody down the trail 500 yards to the Snow Mountain ditch and piloted it down the ditch a mile, before abandoning it. At the funeral services yesterday, Thomas O'Dea, who has interested himself in the ‘circumstances. surrounding Ebaugh’s death, sought signatures to two petitions among the audience as they came out to get into their cars. The petitions are directed to the district attorney and to the attorney general.and ask that Davis, who was exonerated by a coroner’s jury on November ‘18th,, be arrested and tried for murder. “The Grass. Walley Cub Scouts program ‘for the winter got under way (Friday evening with a meeting at the Scout Lodge to which members of.all dens were invited. Elmer Stevens, of the high school faculty, was introduced as eubmas. ter to succeed Clay Caldwell for the]. coming year. Bight dens were registered and it was decided to hold pack meetings on’ the last ‘Friday of each month. The youngsters enjoyed movies, games and refreshments. person accused of a felony by a pesca is. considerably more rare: Nevertheless the law provides when a citizen so acts, he shall ‘be held blameless. And Davis has. been exon‘grated ‘by the coroner's jury. However, if. evidence should be discovered tending to Show that Davis was guilty. of a law ‘violation, there is still a way to bring him to trial. The grand jury may convene to consider such evidence ‘and vote an indictment if it points: toward guilt. We feel confident that ‘this will be done if x co evidence of that kind develops. We: -are not qufticiently. versed in the history of this county to pie whether this is the first time a ¢ fi ‘igen, making an attempt to. — (person gharged with a felony, has ‘shot and. killed the suspect. It may in any event, we But. jury are convinced the coroner's . e steal many. The shooting rendered a otis verdict. . yt ~~ BOND PREMIERE ‘. from Lake City to the Nevada state of the opening date for N EVADA CITY, CALIF ORNIA s The Gold Center THURSDAY AT NEVADA THEATRE William Tamblyn, manager of the Nevada Theatre, announces that there will 'be.a bond premiere show at the theatre next Thursday evening. Bond purchasers who show receipts for bonds bought will be admitted free. Tickets are on sale at post office,, Nevada City branch of the Bank of America, and the theatre. The title of ‘the moving picture is Bathing Beauty. The show will open at 7:30 o’clock. MEMORIAL DAY SET FOR DEAD OF WORLD WAR II DE WITT GENERAL HOSPITAL, INov. 27 —iMajor General ,Shedd, Commanding General of the Ninth Service Command, has ‘séetSunday, December 3 as Memorial Day for the ‘men losing their. lives in the present war. Chaplains and commanding officers are planning observances at the posts, camps and stations through out the command. — Colonel William H: Smith, Commanding. Officer DeWitt General Hospital, and Chaplain (Major) L. Vv. Harmon, post chaplain, are arranging a special program, to be held in the post chapel on that Sunday. Patients, military and _ civilian personnel are invited to participate in the service by sending in_ the names of-deceased relatives, or close friends, to be put on the honor roil. Names, including rank and theatre in which they lost their lives with next of kin, should be gent to Major R. M. Miller, the post adjutant before Friday, December 1. : The details of the service will be announced later. The public from surrounding communities will be invited to attend. OPEN SEASON FOR PHEASANTS SAN FRANCISCO, Nov. 27—Sunday November 27th, one half hour ibefore sunrise, the season opened on male pheasants, in California. The outlook for this coming season is only fair, the general opinion being that pheasamts are more scarce this year than last. No hunting will be permitted in the following counties: Alpine, “Amador, “Calaveras, El Dorado, Marin, Mariposa, Nevada, Plumas, San Diego, Trinity and Tuolumne. : That portion ef Modoc Geant lying east of the ‘Warntr Mountains and north of the Mill Creek road and north of the road extending eagtrly line will be closed to pheasant hunting. Sierra County east of the crest of the Sierra and Yuba Pass summit is closed to pheasant hunting as is (ish and Game district 2 1-2 in Mendocino county: ‘ : Pheasant hunters. are reminded . that in addition to a regular hunting license, pheasants tags are required. These tags cost $1 for ten, and should be purchased in advance shooting. Tags must be carried while hunting, . and on killing pheasant must ~ be punched and attached around neck ‘of bird. Gifts For _ ghrisi Mer On the Seas The hospital service committee of the Grass Valley Red Cross Chapter ‘has announced it will sponsor the
Christmas gift packages for men in the armed forces who will be om the seas enroute various world battle fronts on Christmas Day. . * The packages may be single or multiple gifts, but in no case is the value to exceed $1.50. A personal message or greeting may be included in the package. Dead line for. acceptance of these gifts is December 8th. They must be deposited at the Red Cross chapter house before that date. They will be taken to ‘San Franciseo and made available aboard ghips that will be on the sea on CONSTITUENTS ARE WELCOME of Roseville, enth Senatorial District, cludes Placer, Nevada counties, in announcing vening of the state trict to contact tions, problems or ings. individuals, groups, the welfare of this state. generally. these jproblems may _ be fully.’’ JAP PSYCHOLOGY NOTEASY TO UNDERSTAND By LEONE BAXTER stand each other. Take, for instance, nihilate”’ language without loss the Jap translates it fiously. To him, annihilate, to reduce to nothime. to —-the American fleet. ed by now, he does. with boundless joy, as each Our guess is that the At first the odd Japanese claiming recurrent cause was lost, anese people were convinced battles were being won. the farce ends the vanced in qualified military been attempting t el been take ‘nin themselves by misled. Further caniinabieis the enemy—which he sonnel, Christmas Day. SUGGESTIONS OF State Senator Jerrold L. Seawell ‘representing the Sevwhich and Sierra, the reconlegislature for Monday, January8 asks the citizens groups and. organizations of the dishim .on their queslegislative business, or he would be glad to meet with them in conference or meetSenator Seawell has incision: “I would appreciate hearing from or organizations regarding any problems confronting them, or any su@gestions: they might desire to give'-me that would benefit district or the I am willing to meet with any organization prior to the convening of the lezgislatufe that discussed It is not surprising that we have trouble understandings the Japanese. he Wenderite: Row thes can pam is anticipated that artificial rearing .of young pheasants will cause this the word a term without -which' 10 communique out of ,Tokyo today 1s complete. The word ‘can be trans-. : lated easily into virtually any foreign of meaning. Its connotations are fairly exact. But freely—licendoes not mean cause cease to exist, to exterminate or to destroy, If it did, he could ‘not apply it repeatedly to the same object But without regard either to emporic or scientific knowledge he should ere absorbThe relation of the Japanese people at home to each day’s new ace counting of the total destruction of something which was destroyed the day before and the day before that, would be interesting= to know. The Tokyo radio says they are _ excited and total papier mache victory over the American fleet is announced. mixup is less etymological than. psychologieal. line of victory where there was only disastrous defeat worried observers here. Long after their such -a line could keep the Japanese people at home working and starving. for “HMirchita; it would keep the Japanese soldiers rushing in drunken exultation to pinion themselves, on -Awmerican bayonets. Jt was clear that on both the home and fighting fronts the JapToday it is plain that the sooner sooner the will end. One theory has been adnaval quarters. which imwites exploration: that Jap leaders not only have but have reports from the field.Jap pilots ‘tt is advanced may have been. psychologically unable to report their failure to complete, their missions siccessfully; or they may have been so poorly trained in gom'ib damage evaluation that they themselves were the * Jap home was Admiral Nomura’s statement a few days azo warning people to tighten their belts and that called nihilated in a previous broadcast—ig planning to reduce Japan with little harm to his own warships end wer: One sure aid to the Pacific atten: tion would be a program ihy our psy-. chological warfare bureau to get,the/ real facts of the -war om: the wase tad . » of Japan. «©. =. ® in“anto new their war and false at the -anweber oeiencceeeerere wn tn i ay aaa . FOREST HILL CLUB REARS . 17) PHEASANTS The Forest Hill.Rod and’ Gun (Club has completed: a successful season of pheasant rearing, announces Tahoe National Forest Ranger Joe Ely, who is also the club president. The club maintains rearing pens at tthe Forest Hill ranger station. Each club member is responsible for spading his portion of the rearing pen .each fall and planting wheat and. rape seed. This assures greens for the young birds in the spring. Bly states that the club started the season with 200 pheasant chicks supplied by the’ California Division of Fish and Game. Of these 175 reached maturity and were released this fall. Species were divided among ‘Reeves, Mongolian and Ring Neck (China pheasants. ‘A loss of only 25 birds out of 200 is considered low as the ‘birds are very delicate in infancy: Birds are kept in the rearing ipens until they are three months old. Louise Hughes, dispatcher-clerk ‘at the Forest Hill ranger station, -assumed charge of the birds this year and the project's success can well be attributed to her constamt attention to the young birds, é Club president Ely and secretary M. W. Tripp arranged a dinner and party for the 20 members of the club this fall, signalling the close of the 1944 activities. Ranger Bly states that the Forest Hill rod and gun club is dedicated to the improvement:-of hunting and fishing on the Forest Hill Divide. It fine bird to become plentiful enough so that seasonal hunting will be possible not too far in the future, FOR EVERYBODY WHEN WAR ENDS — A joint committee of represéritatives of Bell and independent ‘oper: ating telephone companies’ throughout the. United States has been form: ed to advance the nation wide post . ’ war programs which the various telephone companies have been} working on individually to extend and improve farm telephone service, it was announced today by E. R. Ingalls, telephone company manager. Co-chairman of the committee are} John P. Boylan, president of the! United States Independent Telephone Association, the National organization of the thousands. of independent telephone companies, and Keith. Ss. Company, representing the helt wy erating: companies. . “Rural telephone service is ‘more highty ‘Geveloppd. in this country, under the Américan system of private enterprise. than in. ‘any other’ MONDAY, NOVEMBER 27, 1944 : McHugh, vice president of the Am-}. erican Telephone and ° Telegraph. country in the world,’ Bare and ; rs EXPECTED TO. REDUCE TAXES With war boom state revenues still running far in excess of norm budget requirements, despite multi million dollar fund siph off for post. war building programe, ‘the 1945 state legislature when, it convenes next January, undo will vote a two year continuapee im tax reductiong adopted at ben ee, session. Majority leaders of the senate a assembly, it can be authoritativel stated, have made a careful surve of the etate’s financial condition amd are in general agreement that the tax cuts now in effect can be alt tinued for another two years. , Even. with the substantial slashes” in tax rates voted two years ago state revenues, under. the impact of @ war geared economy, have exceed. ed expectations, with the result that the state general funid will “boast a surplus of approximately $250,00 000 at the close of the current ‘ ennium next June. \ 2G With $150,000,000 of this” hinge surplus hag been earmarked and eet aside—$14,000,000 for. bond deb redemption and $136,000,000 post war construction—there . still be an unencumbered surplu: of approximately $100,000,000 a the start of the new biennial peric unless this reserve is dissipated by — ypork barrel raids at the fort legislative session. t Tax reduction adopted at ‘th 188 sessions, which, with: one. e3 must be voted again at eee y session if they are to continue’ fect during .the coming mo. included; 1.-Reduction of the ‘state’ ‘tax from 3 per cent to 2 + per cent, 2—-Several noditteditidiian ins state jitome tax, including. tion of ‘the upper ‘bracket. tax 15 per cetn to 6 per cent come, and am Ancredte of tt 3—A 15 per cént credit and corporation franchise ments. . rt The > leielature in slash F ent, ‘Dpt, éach ‘of tnd: oth ‘wag enacted for a two> ‘only-—and must ‘be re-pddpted 1945 session to ga enact t the broad tax sev ia -éven pet bono ae ee ' “However, it is by no means as ‘high‘ly developed as we in the industry . want to see. it, and the industry “Hipmida to We rentytiung: 40 ‘ttm cpio to provide more service, and better service, at a cost which sad farmer can afford. panies throughout the whole count been formed consisting of a numbey new facilities and methods: whien}: ‘were under development by the in-. dustry before the demands of war interrupted our research and constructelephone service to: many new * are reduced, we propose to resume along with it, the intensive program for extending farm service which issued by them for ‘the committee, Sl dy Since operating slain ereeth have been working onthis problem, . a representative joint committee has a tion program -will help to bring the of their most experienced officials. elected to t We believe that the application’ of . ntpoira gd “a Y customers. As’ soon as war demands ‘ate ef : and extend our research effort and}, was being carried on before win ‘ break of hostilities, “Over. one half million mttngs o! ‘telephone . aa lines" serving up