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Page: of 4

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“ 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