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The Infamous Black Bird Southern Oregon History, Revised


Gus Newbury


Longtime Resident Recalls 1881 Arrival in County,
Other Events of Early Days
By GUS NEWBURY
    My mother, two sisters and I left Pennsylvania on the 28th of October, 1881, and arrived at Redding, California, which was the end of the railroad, at 8 p.m. on the evening of the 8th day of November, 1881.
    We got on the California-Oregon stagecoach at nine o'clock on the night of the 8th. We rode on that stagecoach all the night of the 8th, and we rode on that stagecoach all the day of the 9th, and we were all the next day on that stagecoach, and at nine o'clock the next day we rode past the Presbyterian Church, in Jacksonville, which had just been built the year previous.
    In the latter forties or the early fifties, my mother's three brothers came to Oregon. Two of these brothers, George and Mathias Yadus [often spelled "Yaudes"], were still alive in 1881 and living in Jacksonville. My mother's brothers were the owners of the Sterling mine, and we went there to live for a few years, and then we moved to Jacksonville, where I lived during my boyhood days.
    I married a granddaughter of Huldah Colver and was married in the big Colver house. We lived there with Mrs. Colver for a year. Then I built a house in the north end of Phoenix, and moved there. The Presbyterian Church was right in front of the cemetery, and we lived right across the street. The house still stands. I lived there for about four years.
    I was 15 years old when I took my teacher's examination and got a second grade teacher's certificate and taught at Forest Creek. I taught there five months and then took another teacher's examination and got a first grade certificate and taught at Lake Creek for another five months. The school money always seemed to run out after the five summer months.
    Then I got a job teaching school at Jacksonville. I taught the second department in Jacksonville. Before I went into that department those boys just ran that school. They started to do that with me. We had recitation benches then, with a blackboard around the wall. There were three boys who were particular roughnecks, about 14 or 15 years old.
    I had called an arithmetic class and I'd assigned work at the blackboard and one of the boys was still at the recitation bench and I hadn't assigned any work to him yet. I told one boy to work out a problem on the board, and the boy said, "By God, I won't do it!"
    In that department they'd already run out three of the teachers, so I climbed over the recitation bench and got him by the nape of the neck and the seat of the pants and took him over to the teacher's desk and threw him down on the floor with his feet pointing toward the wall. When I stood up, the second boy threw an eraser. I wore a pompadour then--the eraser went right through the pompadour and flew out the window.
    I looked up to see who had thrown the eraser and saw the second boy going toward the door. I beat him to the door. I took him over to the teacher's desk and placed him beside the first boy. Then came an inkwell. It went over my head and out the window. I looked up to see where that came from, and I beat the third boy to the door. I placed that boy at the teacher's desk with his feet to the wall. That was the first time a teacher had ever stood up to the boys.
    A janitor for the school, John Jeffrey, and I had a pair of boxing gloves, and we got so good that none of the boys could ever hit us, and pretty soon they didn't even try.
    I can remember strong feeling over the Civil War many years after it was over. In the valley were several families of Kentuckians who were willing to fight it out all over again, anytime.
    J. H. Stewart, who owned the Voorhies place, shipped his first carload of pears in 1890. The second big orchard was where the Bear Creek Orchard is now. It was planted by Weeks and Orr. [A. J. Weeks planted his orchard in 1883, two years before J. H. Stewart.]
    While I lived in Phoenix I was school superintendent.
Medford Mail Tribune, June 20, 1954, page B6


Gus Newbury, 85, Prominent Lawyer, Educator, Passes
    Gus Newbury, 85, one of the best-known attorneys in southern Oregon and a familiar figure in Jackson County for more than 70 years, died last night.
    He had been in ill health for a number of months, and had been staying at the county farm home. A native of East Liberty, Pa., Mr. Newbury was born on March 27, 1870.
    He arrived in Jacksonville, then the county seat of Jackson County, at the age of 12 in 1881. For a number of years, starting at the age of 16, he taught school there, and later, starting in 1893, served as county superintendent of schools for seven years. During this period he was reading law and, entirely self-taught, he passed the state bar examination in 1903.
Long Career
   
This began a long and colorful practice of law, during which he had broad trial experience both in criminal and civil cases. One of them was the famous DeAutremont case, in which he served as a defense attorney. The case was the last important trial held in the old courthouse, now the Jacksonville museum.
    At one time he was county clerk, and in addition was known for his association with fraternal organizations. In 1906 he joined the Elks lodge, and was grand exalted ruler of the Medford lodge in 1917 and 1918. On each of his more recent birthdays, he has been honored by other past exalted rulers of this lodge, the most recent occasion last March.
    He also was a member of various Masonic orders, and was a member of Hillah temple of the Shrine.
    Survivors include a daughter, Mrs. Maude R. McHaffey, Antioch, Calif., and a son, Carl, Lafayette, Calif., who arrived in Medford today; five grandchildren and six great-grandchildren, and a daughter-in-law, Mrs. Don R. Newbury. His son Don, also a well-known Medford attorney, with whom he was associated in practice, died in 1952.
Funeral Thursday
    Funeral services will be at 2 p.m. Thursday, July 28, at the Perl funeral chapel, with the Rev. John Reynolds of the First Presbyterian Church officiating. Elks lodge members will participate in later services conducted by past exalted rulers of the lodge, who will serve as pallbearers.
    Members of the Jackson County bar today paid tribute to Mr. Newbury for his long service, for an outstanding and keen wit, and for a strong sense of loyalty to his friends. He was both interested and active in Republican politics and in lodge activities, his friends reported.
    They characterized him as a pioneer, a human figure who loved life and his state, and who had won his way in his chosen profession the hard way, despite many years of partial illness.
Medford Mail Tribune, July 27, 1955, page 1


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    From Prof. Newbury, of the Jacksonville public school, we learn that the teachers' institute held at Medford last week was unusually interesting and pleasant. Sixty teachers were enrolled, and the attendance throughout was good, almost every section of the county being represented. Medford's hospitable citizens were courteous and obliging, and all had an interesting and pleasant time.
"Jacksonville Items," Ashland Daily Tidings, January 3, 1890, page 2


    Prof. G. G. I. Newbury this week succeeded in obtaining a state teacher's certificate. Gus. has made an excellent record for himself, both as pupil and teacher, and, as we regard him as a native product in one sense, we are correspondingly gratified at his success.
"Personal Mention," Democratic Times, Jacksonville, May 23, 1890, page 3


    Gus Newbury and his sister Miss Hattie recently passed a very creditable examination before Supt. Price, and now hold state teachers' diplomas. They are deserving of their honors, as both are painstaking, efficient teachers.
"Local Notes," Democratic Times, Jacksonville, February 6, 1891, page 3


    Gus Newbury will soon take the road in the interest of the Jacksonville Marble Works.
"Personal Mention," Democratic Times, Jacksonville, June 19, 1891, page 3


    Gus. Newbury, having passed a satisfactory examination, has been awarded a state life diploma. He received the document this morning.
"Local Notes," Democratic Times, Jacksonville, November 27, 1891, page 3


    Gus. Newbury returned from Portland last week. He delivered the oration at Eagle Point on the 4th, which is highly spoken of by those who listened to it.
    Miss Hattie Newbury has secured a position for the coming year in the Stevens school at Portland, and will doubtless fill the place as long as she desires to do so, as she is one of the best teachers of the intermediate grades in the state. The patrons of the Jacksonville public schools will greatly regret to see Miss Hattie leave this town, where she has so long labored in the educational field.
"Personal Mention," Democratic Times, Jacksonville, July 8, 1892, page 3


    The board of school directors for Jacksonville district met not long since and selected this excellent corps of teachers for [the] ensuing year: Prof. Price, principal; Gus. Newbury, assistant principal; Miss Agnes Devlin, intermediate department, and Miss Dee Ankeny, primary grade. They will no doubt give satisfaction.
"Local Notes," Democratic Times, Jacksonville, August 12, 1892, page 3


    Misses Hattie Newbury and Lottie Reed, two of our best teachers, left for Portland during the week to assume positions in the schools of the metropolis.
"Personal Mention," Democratic Times, Jacksonville, September 23, 1892, page 3


    Prof. G. G. I. Newbury still makes regular trips to Phoenix, despite the unpleasant Sunday weather we have been having lately.
"Here and There," 
Democratic Times, Jacksonville, February 3, 1893, page 3


    The selection of Hon. H. B. Miller as orator and Prof. G. G. I. Newbury as reader for the coming [Fourth of July] celebration is a most happy one, as both gentlemen are masters of the art of elocution and oratory. A grand time is now assured, and it is certain that the crowd in attendance will be something phenomenal. The masses of the people from every direction announce their intention of being present.
"Central Point Pointers,"
Democratic Times, Jacksonville, June 30, 1893, page 2


    Miss Hattie Newbury, who is a teacher in the Portland schools, is paying her home in Jacksonville a visit.

"Personal Mention," Democratic Times, Jacksonville, July 28, 1893, page 3


    Gus. Newbury, who has been a teacher in the Jacksonville public schools, will next year take the position of principal of one of the schools at Ashland. He is well qualified to fill the place and will doubtless give satisfaction.

"Personal Mention," Democratic Times, Jacksonville, August 4, 1893, page 3


Wedding Bells.
    Gus Newbury and Miss Nellie Rose were united in matrimony at the residence of Mrs. S. Colver in Phoenix last Wednesday evening. The old historic parlor, which has been the scene of so many like events in the past, and around whose walls cluster so many remembrances of pioneer days, was handsomely decorated for the occasion. The marriage ceremony, simple and yet impressive, was performed by Rev. Robt. Ennis of Jacksonville. The toilette of the bride was handsome and greatly admired. When congratulations were over the guests sat down to a table laden with the choicest delicacies of the season. Mrs. Colver had left nothing undone to make the occasion a decided success, and succeeded admirably. The young couple were the recipients of a number of beautiful presents, tokens of the well wishes of the favored few who were present. Mr. and Mrs. Newbury are well and favorably known throughout southern Oregon, and the event was a pleasant surprise to their many friends, whose sentiments we speak when we say that all join in the wish and confidence that the new home may be a happy one, attended by prosperity and through whose portals no shadow of sorrow may ever come.
Democratic Times,
Jacksonville, September 1, 1893, page 3



    Gus Newbury, assistant superintendent of schools, and a daughter of L. A. Rose, of Phoenix, were married Wednesday evening.

"All the Local News," Medford Mail, September 1, 1893, page 3


    Gus Newbury, the short man who is deputy county superintendent of schools, was in Medford Monday looking after duties connected with that office.
"Purely Personal," Medford Mail, September 1, 1893, page 3


    Miss Hattie Newbury, who is teaching in the public schools of Portland, returned to the scene of her duties this week. Agnes Love accompanied her.
"Personal Mention," Democratic Times, Jacksonville, September 15, 1893, page 3


    Prof. Gus. Newbury, who taught in the Jacksonville public schools for several years, is giving general satisfaction in his new position as principal of the south Ashland school.
"Personal Mention," Democratic Times, Jacksonville, December 1, 1893, page 3


    Prof. Gus. Newbury, principal of one of the Ashland schools, will be a candidate for school superintendent before the next Republican convention.
"Local Notes," Democratic Times, Jacksonville, January 11, 1894, page 3


    Gus Newbury, the seven feet of very clever manliness and good fellowship, who lives at Phoenix and is principal of the south side school at Ashland, was in Medford Tuesday joining hand grips with his numerous friends. He is on a layoff this week because of the existence to a great degree of scarlet fever in his school.

"Purely Personal,"
Medford Mail, February 9, 1894, page 3


    Prof. Gus. Newbury was in town on Saturday, and while here submitted plans to H. F. Wood, the architect, for a neat cottage he proposes having built at Phoenix during the year.
"Local Notes," Democratic Times, Jacksonville, February 19, 1894, page 3


    Prof. Newbury, the tall sycamore of Phoenix, got ducked while trying to cross Bear Creek. The horse he was riding became unmanageable and went in where it was so deep that the water struck the professor under the chin; that's pretty deep, you know, when it does that, of course the horse was out of sight, but there happened to be a tall cottonwood tree standing out in the water and the professor made a grab and caught one of the topmost branches and pulled himself up high and dry, as good luck would have it, but held on. I was going to explain how he got out to dry land, but if anyone wants to know, let them ask the professor and he will no doubt explain. While we think about it we will say right here that Mr. Newbury is making arrangements to build a nice new house in Phoenix in a short time, and will become a permanent resident.
"Phoenix Items," Medford Mail, March 2, 1894, page 4


To the Voters of Jackson County.
    In a recent issue of the Jacksonville Times, in an article concerning Gus Newbury, appears the following: "It is true he has taught some time in the county, but he has not advanced as much as he should in view of the opportunities he has had." Now, having known Mr. Newbury from early boyhood, I am, I think, more familiar with the opportunities he has had, with all the circumstances of his life, than is the editor of the Times. Gus Newbury began life in this county as a small boy, the son of a widowed mother, whose only resource for the sustenance of herself and three children was her own two weak hands. Like many another poor boy, Gus grew to manhood without any opportunities other than those which he made for himself. While acquiring the education which he has, largely under my own personal instruction, he encountered all the privations of poverty, all the discouragements of want and lack of parental assistance, contributing to the support of a widowed and comparatively helpless mother, ever and unceasingly and uncomplainingly struggling against the ordinarily fatal environments of a poor boy without affluent and influential friends. Gradually, through his own efforts, he has advanced to the position of principal of one of the Ashland city schools, and through ability and successful teaching to the possession of a state life diploma. No voter need have any doubt as to the perseverance and ability of Mr. Newbury. Should he be chosen to fill the position to which he aspires, no voter who supports him will have the occasion after his election for regret at having so cast his vote. The above is offered only in justice to Mr. Newbury.
J. W. MERRITT.               
Medford Mail, June 1, 1894, page 2


    Our county school superintendent, Gus Newbury, has been quite ill for the past week with a severe cold which settled on his lungs. Gus explains the cause of his illness by stating that he camped for a couple of weeks over at Wagner Soda Springs with Miles Cantrall and Fred. Wagner and that no man has a license to escape serious illness who camps for so long a time with a crowd made up of the above-named gentlemen. Mr. Newbury has been unable to be at the court house for about ten days, but is now improving.

"News of the City," Medford Mail, September 11, 1896, page 7



    The work of fortifying the land along the banks of Bear Creek from high water, which has been playing havoc for some years past, is progressing to quite a noticeable extent. A. L. Rose and Gus Newbury, of Phoenix, have had a large pile driver built for them at the Ashland Iron Works, with which they will drive timbers along the banks of this troublesome stream. This makes two pile drivers now being used for that purpose--Anderson Brothers, of this city, being the first to commence the work.

"News of the City," Medford Mail, December 18, 1896, page 7


    Chas. A. Moore, a prominent attorney of Portland, and Miss Hattie Newbury, the popular and well-known educator, were married in Jacksonville last Thursday. They left on the evening train for Portland, to make their future home. Mr. and Mrs. Moore's friends, who are legion, are showering their congratulations and best wishes on them, in which The Times joins.

"Personal Mention," Democratic Times, Jacksonville, January 3, 1898, page 3


    It seems as if Gus. Newbury will receive the Republican nomination for county clerk, as he has been slated by the bosses. He is quite averse to letting go of the public teat.

"Local Notes," Democratic Times, Jacksonville, April 4, 1898, page 3


    The people will decide on June 6th that Gus Newbury has held office long enough already. There are others who should be remembered in an official way.

"Local Notes," Democratic Times, Jacksonville, May 26, 1898, page 3


    Mr. Newbury is virtually asking the people to pension him for life. He has already been an office-holder four years, and is quite a young man yet. Where will it all end?

"Splinters," Democratic Times, Jacksonville, May 30, 1898, page 2


    Gus. Newbury claims that he has over 1500 votes already, and seems sanguine that those are enough to elect him county clerk. As the average Republican strength is estimated at about 1300, he must expect that several hundred Democrats and Populists will vote for him; but will they do it? We think that he is counting his chickens too early.

"Local Notes," Democratic Times, Jacksonville, May 30, 1898, page 3


    Four years of office should satisfy any man. But Gus Newbury doesn't think so. If he is elected clerk he will want something better next time.

"Local Notes," Democratic Times, Jacksonville, June 2, 1898, page 3


    Gus Newbury, who takes charge of the county clerk's office next week, will be assisted by Mrs. M. Peters and Miss Theresa Bryant.
"Local Notes," Democratic Times, Jacksonville, June 27, 1898, page 3


    Gus Newbury and family will occupy the residence now the home of County Clerk Jackson and family about July 15th. The latter will locate in Medford.

"Local Notes," Democratic Times, Jacksonville, June 30, 1898, page 3


    Gus. Newbury has assumed charge of the county clerk's office, and is assisted by Mrs. Mary Peter and Miss Theresa Bryant.

"Local Notes," Democratic Times, Jacksonville, July 7, 1898, page 3


    The family of Gus. Newbury, county clerk, have taken up their residence in Jacksonville. They received a hearty welcome.

"Personal Mention," Democratic Times, Jacksonville, July 28, 1898, page 3


    County Clerk Newbury returned from his trip to San Francisco on Friday, accompanied by his brother, Abe, who has been in the more tropical portions of California, hoping to benefit his health. We are sorry to learn that his condition is quite poorly.

"Personal Mention," Democratic Times, Jacksonville, August 29, 1898, page 3


    A. L. Newbury, who has been suffering from consumption for a long time, died at the residence of his mother in Jacksonville Sunday evening at 7 o'clock aged, 32 years. He was a highly respected young man. A mother, brother, two sisters and other relatives mourn his death, besides a large circle of friends. He was a member of the Masonic, Odd Fellows and Workman orders. The funeral will take place on Wednesday, September 28th, at 2 o'clock p.m.

"Local Notes," Democratic Times, Jacksonville, September 26, 1898, page 3


    The funeral of the late A. L. Newbury, which took place yesterday, was largely attended, many acquaintances following the remains to their last resting place.

"Local Notes,"
Democratic Times, Jacksonville, September 29, 1898, page 3


    Gus Newbury has been appointed administrator of the estate of A. L. Newbury, deceased, and Peter Applegate, L. L. Jacobs and Owen Keegan appraisers.

"Local Notes,"
Democratic Times, Jacksonville, October 10, 1898, page 3


    The young business men of the county are almost without exception in favor of the retention of Gus Newbury in the office of county clerk. This fact alone is worthy of consideration. The day is past when men are chosen for office because they are the oldest qualified members of their party or are personally popular. As the business of the country expands and grows in volume it gravitates into the hands of the younger men, whose vigor and strength, to say nothing of their being more up-to-date in business methods and more in touch with modern times, better fits them for the discharge of these duties. Mr. Newbury is one of the best of the county's younger class of business men, well qualified, and fully informed in every particular of the business of the clerk's office. He should be retained in the interest of every class represented in the county.
Medford Mail, May 4, 1900, page 2


    Miss Bertha Rose, of Phoenix, is visiting her sister, Mrs. Gus Newbury.

"Jacksonville News," Medford Mail, November 29, 1901, page 3


IS GUS NEWBURY SEEKING NOTORIETY, OR OFFICE?
    The Corvallis Times tells the following story of Jackson County's tall "quaken asp," Gus Newbury, county clerk. Just ask Gus about it. The Times says:
    "F. E. Stevens, who arrived in Corvallis two weeks ago and resides now on Sixth Street, wrote before he left Lincoln, Neb. to various persons in Oregon making inquiries, among others to Gus Newbury, county clerk of Jackson County. The latter answered all the questions of Mrs. Stevens faithfully and fully, and in turn propounded several of his own. They are the sort called leading questions and have afforded much amusement to Mr. Stevens, who appreciates humor. Here is what the county clerk said:
    "Now let me ask you some questions. You see, we are a little particular out West, and we want to know what kind of people we are inviting to our clime.
    "What are your politics?
    "Have you any anarchistic tendencies?
    "Have you any inclination towards socialism?
    "Are you a religious man?
    "Do you believe the earth is round?
    "Are you sure Oregon is on the map of the U.S.?
    "Did you ever live in Missouri?
    "Do you think Bryanism is a live issue?
    "Which state do you think will be benefited by your removal to Oregon--Nebraska or Oregon?
    "Do you consider governmental policies a menace to your liberties?
    "Do you know that Oregon took the first prize at the Buffalo Exposition for butter, fruit and grain?
    "Do you know that Portland, Oregon is one of the very first ports of shipment for grains--especially wheat and lumber?
    "Have you ever had your liberties restrained; if so, what did you steal? There are many other questions I might ask, but these are sufficient to determine your desirableness as a citizen of Oregon."
Medford Enquirer, December 14, 1901, page 4


    Chas. Moore, a Portland attorney, is spending the holidays here with his wife. Mrs. Moore has been the guest of her mother, Mrs. Newbury, this winter.
"Jacksonville Items," Medford Mail, January 3, 1902, page 3


    It has been whispered on our streets that Gus Newbury, at present county clerk, aspires to the Republican nomination for clerk of the supreme court.
"Medford Squibs," Democratic Times, Jacksonville, February 13, 1902, page 5


    Bertha Rose, of Phoenix, is the guest of her sister, Mrs. Newbury.
"Jacksonville Items," Medford Mail, April 11, 1902, page 3



    Gus Newbury has purchased the Ezra Arnold place, situated in Watkins precinct, for stockraising purposes.

"Local Notes," Democratic Times, Jacksonville, October 16, 1902, page 1


    Gus Newbury has become the owner of the Ezra Arnold place in Watkins precinct.
"Jacksonville News," Medford Mail, October 17, 1902, page 3


    Gus Newbury, who has been preparing himself for the practice of law for some time past, will soon apply to the supreme court for admission to the bar.
"Local News," Democratic Times, Jacksonville, February 4, 1903, page 1


    Gus Newbury left for Salem Saturday. He will apply for admission to the bar at the present term of the supreme court.

"Personal Mention," Democratic Times, Jacksonville, April 8, 1903, page 1


    Gus Newbury has been admitted to the bar by the Supreme Court. We are informed that he will become a resident of Ashland in the near future.

"Brief Mention," Democratic Times, Jacksonville, April 15, 1903, page 2



    GUS NEWBURY has made a most efficient clerk of the circuit and county courts, and has proven himself to be a courteous and obliging official. Even his enemies admit his qualifications and fitness for the place and his courteous and obliging course towards his constituents. He knows neither enemies nor friends in his official intercourse with the people of Jackson County. He is a man with convictions and has courage with them. He has served one term as county clerk and with satisfaction to the people of Jackson County. Can the taxpayers of the county afford to make a change and place a man in the clerk's office who is a stranger to the business of the office? It is the consensus of opinion of the thinking men of the county that the clerk's office has never been more ably conducted than it has been during the past two years by the present county clerk--Gus Newbury. The Mail, as an advocate of economy in the conduct of the affairs of the county, and as a supporter of proper official management of the county's business, supports Gus Newbury for reelection as county clerk.
Medford Mail, May 18, 1903, page 2


GUS NEWBURY. Although admitted to the bar as recently as 1902, Gus Newbury already has a gratifying clientele, recruited from the ranks of those who, for many years, have watched his growing success as an educator. In his case it would seem that teaching is contagious, for three of the two sons and two daughters in his father's family have achieved excellent results along educational lines, all having contributed to the advancement of the schools of Jackson County. Mr. Newbury was born in Tioga County, Pa., March 27, 1869, his father, George W., a native of England, being at the time engaged in milling and mill-building, an occupation to which he devoted the most of his active life. The elder Newbury died in Tioga County at the age of eighty-seven years, and is survived by his wife, formerly Barbara Yaudas, a native of Germany, who now lives in Jacksonville, Ore., with her daughter, Mrs. Mary Peter.
    The boyhood of Gus Newbury was characterized by excessive zeal as a student, and by considerable expenditure of midnight oil. At the age of sixteen he entered upon his educational career in Jacksonville, to which he came in 1881, and taught continuously in the town and county until engaging in the practice of law. For five years he was vice-principal of the schools of Jacksonville, and in 1894 was elected county superintendent of schools on the Republican ticket, in 1896 being re-elected, and serving in all four years. In 1898 he was elected county clerk, succeeding himself in the election of 1900. In the meantime, in 1894, he began the study of law, and since being admitted to practice has devoted his entire time to his professional duties. At present he is a clerk on the school board, and is a member of the Republican county central committee. Mr. Newbury is also an active member of the board of trade.
    In Jacksonville, in 1893, Mr. Newbury was united in marriage with Nellie Rose, a native daughter of this county, and whose father, L. A. Rose, is a farmer in the vicinity of Phoenix, this state. Maud, Donald, and Carl, the three children born of this union, are living at home and are being educated in the public schools. Mr. Newbury is connected with Warren Lodge No. 10, A. F. & A. M., of Jacksonville, Ore.; the Eastern Star; Medford Lodge, Knights of Pythias; Woodmen of the World; and the Artisans, in which he has passed all of the chairs.

Portrait and Biographical Record of Western Oregon, Chapman Publishing Co. 1904, page 826



    Gus Newbury, the entertaining and brilliant attorney, this week received a consignment of pear and apple trees which he is planting on his ranch east of this city. He is setting out 10 acres of pear trees and 10 of apple trees. He has also sent 500 apple trees to his Applegate ranch.
"Local Notes," Jacksonville Post, December 21, 1907, page 3

May 27, 1908 Southern Oregonian
May 27, 1908 Southern Oregonian

    Mrs. Mary Newbury, mother of Gus Newbury, and a pioneer of Jacksonville, is lying very ill at her home there. Mrs. Newbury is over 80 years of age and has been in feeble health for some time.
"Social and Personal," Medford Mail Tribune, July 17, 1910, page 5


PIONEER WOMAN ANSWERS LAST CALL
    Mrs. B. F. Newbury died at her home in Jacksonville Thursday afternoon, aged over 80 years. Mrs. Newbury had been in failing health for some time, and the end was not unexpected by her relatives.
    Mrs. Newbury had been a resident of Jacksonville for over 30 years, coming there as a widow with three small children, all of whom, by her industry and perseverance, she educated and made sterling men and women.
    The three children, Mrs. Mary Peters of Jacksonville, Mrs. Charles Moore of Baker City and Gus Newbury of Medford, were present at the time of her death.

Medford Mail Tribune,
July 22, 1910, page 2


MRS. B. F. NEWBURY DEAD
Pioneer of Jackson County Was One of Oldest Residents.
    JACKSONVILLE, Or., July 28.--(Special.)--Mrs. Barbara F. Newbury, one of the oldest residents of Jackson County, died at her home here on July 21, at the age of 83.
    Mrs. Newbury was born in Wurtemburg, Germany. When she was 3 years old her parents came to America, locating in Pennsylvania. In the early '60s she was married to Washington Newbury, and four children were born to them. In 1881 she came to Oregon to be with her brother, George, at one time one of the owners of the Sterling mine.
    Her last illness was of short duration. All her living children were present at the bedside when death came. These were Gus Newbury, a leading attorney of Jackson County; Mrs. C. A. Moore, of Baker City, and Mrs. Mary Peter, a teacher in the Medford schools.
Morning Oregonian, Portland, July 29, 1910, page 7



GUS NEWBURY STRIKES GUSHER
Automobile Skids on Wet Pavement, Snapping Fire Plug--
Water Gushes Forth and Forms Great Geyser--
City Officials Get Busy in a Hurry to Check Flood.
    Gus Newbury, barrister, who occasionally strikes a flow of oratory in court, struck a different kind of flow this morning when his automobile skidded on the wet pavement of Seventh Street and hurled itself into a fire plug in front of the Medford National Bank, snapping off the plug. For the next few moments Medford had a gusher on her principal thoroughfare which put to shame any of the world-famed geysers of the Yellowstone. Frantic scramblings on the part of the city officials finally resulted in the water being shut off, but not until considerable water had raced over the city streets and had done some damage, principally to the basement of the new Howard block, which was partially flooded. Only prompt measures on the part of the workmen in the basement, who hastily erected an embankment, turning the water, prevented further damage.
    Mr. Newbury, according to eyewitnesses, was not proceeding at an excessive speed, and the wet pavement, it is said, was responsible in a great degree for the accident. In negotiating the turn it slipped and in an instant the damage had been done.
    With the snapping of the plug the water gushed forth nearly as high as the top of the Medford National Bank building. Councilman Demmer, who was near, rushed to his machine and broke all speed limits in reaching West Jackson Street, where B. A. Boone was at work upon a main which burst Thursday afternoon. Back they hurried to the scene with a tap key to shut off the water. In the meantime Street Commissioner Baker had secured a key and was endeavoring to stem the tide. Owing to the great pressure on the main and the length of time since the tap had been in use it was with considerable difficulty that the flow was finally checked.
    Contractor Powers, who is in charge of the Howard building, estimates the damage done to the basement at an amount ranging between $75 and $100. The water also crossed new pavement at Sixth and Bartlett and is said to have done some damage there. Further damage would have been done to the Howard basement had it not been for the fact that two wagons loaded with gravel were nearby and were dumped so as to form a dike, turning the water.
    Mayor Canon states that an investigation will be made in order to determine where the responsibility lies. This will be determined by finding at what rate of speed Mr. Newbury was traveling.
Medford Mail Tribune, September 9, 1910, page 1


NEWBURY, DUNN LIEUTENANT, IS FATHER OF MOVE
    All doubt that the circulating of petitions for the purpose of having Westville Honor Camp No. 1 abandoned and the honor men taken back to Salem was undertaken as a political move was removed today, when it became known that Gus Newbury, George W. Dunn's right-hand man and chief lieutenant in Medford, fathered the movement and prepared the petitions which are now in circulation.
    The men who are circulating the petitions have failed to meet with the success they expected, as it is difficult to show that the honor men are now doing the work far more cheaply than it could be done otherwise.
Medford Mail Tribune, March 22, 1912, page 1



    Gus Newbury--I don't see any reason why a woman should not have the right to vote. Her intuition is as good as a man's judgment, and she arrives at her conclusion without a long process of reasoning and usually hits the nail squarely on the head. She may not know why she does, but she does. In other words, she "has a hunch," and unlike a man takes it. She does this as unconcernedly as she rifles her husband's pockets and generally with the same net result--she finds what she is looking for. She is or would be able to tell by looking at a candidate whether he is as big a thief as the other fellow running for office and thus make a wise choice for the taxpayers. The general average of intelligence among the women is equal to that of the general average among the men. It could not be urged that her husband would control her vote, for every man knows that if he controlled her in this it would be the only instance where his control would be successfully exercised. He knows that in other particulars she is uncontrollable, and must conclude she would be in the matter of her voting. She certainly would be as cleanly in her politics as the Front Street "bum." She meets man on the level in every other avenue of life, why shouldn't she in politics?" Let her vote if she wants to--if she doesn't want to, she can exercise her own "sweet will" not to, just as the man does.
"What Medford Men Think About Suffrage for Women," Medford Mail Tribune, May 11, 1912, page 8


J. S. HOWARD HANDS ONE TO GUS NEWBURY
    The local legal fraternity is still chuckling over the clever manner in which J. S. Howard, the pioneer surveyor of Jackson County and "father of Medford," came back at attorney Gus Newbury during the progress of a recent trial at which Mr. Howard was a witness on the opposite site of the case from Mr. Newbury.
    At several points during the progress of Mr. Howard's testimony Attorney Newbury objected long and strenuously upon the grounds that Mr. Howard's evidence was "hearsay," and therefore immaterial. Mr. Howard, who has known Gus since he was an infant, failed to flare up at the broadsides of objection and sarcasm flung at him, but bided his time.
    Finally Mr. Newbury was through with the witness and in order to sum up the case, said:
    "Mr. Howard, you will please state
your name, your residence, your occupation and your age."
    "My name is J. S. Howard," came the answer as quick as a flash. "My residence is Medford, Oregon; my occupation is that of a civil engineer and my age--my age--is a matter of hearsay."
    All of which was true.
Medford Mail Tribune weekly edition, September 19, 1912, page 3


MOORE, Charles Allan, Lawyer; born, Knox Co., Mo., Mar. 9, 1864; son, John
William and Edna Frances (Payton) M. Edu.: public schools, Mo., Cal., and Oregon; State Univ. of Oregon, Eugene; took 3 years course at Univ. Married, Hattie A. Newbury, Dec. 30, 1898, at Jacksonville, Ore. Secy., mgr. and dir., Baker Abstract & Trust Co. Republican. Res.: 1723 Valley Ave.; Office: 2104 Court St., Baker, Ore.

Franklin Harper, ed., Who's Who on the Pacific Coast, Los Angeles 1913, page 407



    Two of Medford's prominent legal lights, attorneys Gus Newbury and W. E. Phipps, engaged in a fistic battle in the circuit court room after adjournment of court the beginning of the week. Spectators say that one fast round, with honors even, was fought before the combatants were separated.
----
    As a result of a knock-down argument with a brother attorney, Gus Newbury of Medford was given a hearing before recorder's court in this city Friday afternoon. The charge against Mr. Newbury was dismissed.
"Local News," Jacksonville Post, April 12, 1913, page 3


NEWBURY'S NARROW ESCAPE FROM DEATH
    Attorney Gus Newbury and Mrs. Newbury, and Mrs. August Paulsen, wife of the Spokane millionaire property owner and mining man, had a narrow escape from death or serious injury when the front spindle of the automobile driven by attorney Newbury broke at the approach of a bridge, and a plunge down a ten-foot embankment [was] narrowly averted.
    The front wheel of the car plunged down the embankment, and by good luck and much strength the car careened on the bridge and listed on its side. [That] the drop of the heavy car down the cliff would have resulted in serious injury to members of the party is certain. The party was on the way to Ray Gold.
Medford Mail Tribune, May 1, 1914, page 2


    And my friend, Gus Newbury, who was so ill that he could only lie in one position (but I am pleased to know that he has so far recovered that he can lie easily in any position); poor, Gus, he, too, has gone wrong.
J. S. Howard, "Howard Favors Medynski Plan of Refinancing," Medford Mail Tribune, January 6, 1917, page 5



    Gus Newbury's wood shed and garage, with a Chalmers auto, were destroyed by fire at an early hour Thursday morning..

"Local News," Jacksonville Post, August 18, 1917, page 3


    Two of Medford's leading legal luminaries, Gus Newbury and Charles Reames, after a lengthy and heated debate over a point at issue in Judge Gardner's court Friday, locked horns and attempted to inflict great bodily damage upon each other's person. No great damage was done, that is, beyond damage to pocketbooks, as Judge Gardner upheld the majesty of the law by clapping a $25 fine upon each combatant.
"Town Talk," Jacksonville Post, September 10, 1921, page 3


    Mr. and Mrs. Don Newbury returned to their home in Medford Tuesday after spending the past weekend at Klamath Falls, where they were guests at the White Pelican Lodge in the west side of the lake.
"Local and Personal," Medford Mail Tribune, July 9, 1926, page 2

June 19, 1927 Medford Mail Tribune
June 19, 1927 Medford Mail Tribune

DeAutremont defense team, June 20, 1927 Medford Mail Tribune
June 20, 1927 Medford Mail Tribune


JONES, Nellie Rose Newbury (Mrs. W. A.), born in Phoenix, Oregon, daughter of Mr. and Mrs. Lewis Albert Rose, a lifelong resident of the state. Married to Wilbur A. Jones. Children: Maude Newbury Mehaffey, Donald R. Newbury, Carl Newbury, Wilbur Jr. Club woman. Corresponding secretary. First District Fed. of Women's Clubs of Oregon. Holds office in several organizations. Member: O.E.S. (Past Matron), D.A.R. (Past Regent), Woman's Library Club, Delphian Society, Harvard Classics Club. Home: 203 High Ave., Klamath Falls, Oregon.

Max Binheim, ed., Women of the West, Los Angeles 1928, page 161


OLD TIMER SAYS HALL CAN SPELL RING AROUND GUS
To the Editor:
    I see in a late issue of your valuable paper that one Gus Newbury is getting rather bombastic in regard to a spelling match with Court Hall at the Elks club Thursday night.
    I am a resident of Applegate and have known both Gus Newbury and Court Hall for the past 47 years, and I know considerable about these gentlemen when they were boys struggling for educational supremacy in the early history of Southern Oregon.
    I taught school for more than 20 years in Jackson County and happened to be in attendance at the first examination these boys had under Superintendent Mitchell in the year of 1885. How well I remember that event. Neither of the boys could have been more than 17 years of age. Now here is where I want to show the people just how Gus got his first certificate to teach school. I am going to prove that Gus, outside of a few Applegate friends, never would have been heard of except through the kindness of Court Hall.
    When examination began I could see that young Hall had the coolness and confidence of an old-time veteran, while Newbury seemed nervous and ill at ease. However, Gus managed to get along fairly well until it came to spelling. About that time Superintendent Mitchell had occasion to leave the room. Gus immediately appealed to Court for help. Court at first shook his head. Then I saw a sorrowful look come over his face, and he leaned toward Gus and whispered rapidly for a few moments.
    Many years afterwards Gus confessed to me that he would not have passed his first examination for a teacher's certificate if Court Hall had not helped him out in his spelling.
    I have been a member of the Elks lodge for many years, and have attended all the spelling contests held in the Elks club room, and personally know that Court has won two more contests than Gus.
    Gus went down on his first word in their last contest, the word "chauffeur," a simple word that every automobile owner knows how to spell. Gus was not considered in Court's class during the big spelling matches held at Jacksonville in the early days. In fact, he was such a poor speller that he was rarely chosen by either captain. On the other hand, Hall was generally the first one chosen and always managed to be one of the last to go down.
    Gus has been in the law business for many years and has had the opportunity of increasing his knowledge in spelling, while Court, for the past 30 years, has been looking after his orchard interests with practically no training except in reading the daily papers.
    However, after a lapse of all these years, Gus has just about had time enough to catch up with Court in his spelling. This fact, no doubt, will make the contest quite interesting next Thursday night. And, by gosh, you can bet your Uncle Dudley is doing to be there.
OLD TIMER.           
    Applegate, Oregon
Medford Mail Tribune, May 13, 1931, page 5


Old Picture Reveals Accident of Horse-and-Buggy Era Here
    Attorney Gus Newbury was confronted with the "evidence" recently and readily admitted his crime--that of running into a fire hydrant in Medford in October of 1910 with his 1909 Buick car.
    The "evidence" was a picture postcard at the scene and showing a spout of water shooting from the damaged hydrant as several men, many wearing derby hats, looked on. The card was found by Virgil Halstead, carpenter, in a house on King Street which Frank Walton, contractor, is renovating. Addressed to Miss Alice Streets, it told how Newbury had wrecked the hydrant, causing mild excitement on Main Street, and was initialed H.C.K. [H. C. Kentner?]
    When shown the card by Mrs. Halstead, Newbury recalled the incident clearly but did not remember having seen one of the pictures. The hydrant was in front of the Medford National Bank at the corner of Main Street and Central Avenue.
    Newbury recalled that Main Street had just been paved, but that horse-drawn vehicles from the country kept it pretty well covered with dirt, and that a light rain had resulted in a very slippery street. Turning out quickly to avoid one of these wagons, Newbury's Buick skidded and struck the hydrant, which broke, and the resulting geyser of water spouted as high as the bank building for a time.
    The attorney could not identify any of the interested spectators with the exception of a bank employee gazing out of the window at the scene. This young woman, wearing a high-collared white shirtwaist and a pompadour hairdo, he identified as the late Miss Clara Wood, longtime employee of the bank.   
Medford Mail Tribune, October 26, 1948, page 1


Newbury Recalls Days of Flour Sack B.V.D.'s
    There were no gay pink and green rayons then, "back in the good old days." And they didn't call them lingerie. The undies were made from "A. A. Davis' Best." But many oldtimers remember the cloth as it gleamed from teeter-totter and rail fence, in the '90s when "times were hard."
    Some mothers had time to boil the letters out of the sacks, but the majority left them in, and everyone knew that A. A. Davis' flour mill was supplying southern Oregon with underwear. Kayser and Van Raalte didn't have a chance.
    "Times were really hard then," Gus Newbury, local attorney, who was just a country boy at Phoenix during the panic, declared yesterday. "I have a vivid recollection of the three years from '93 to '96. The prevailing wage in the harvest fields was 75 cents during threshing time. We got $1.50 a day for feeding the machines, and we worked 16 hours a day. We got up no later than 4:00 a.m. and kept going until the sun went down behind the hills. The men on the threshing machine started at sunup and worked until dark. You could meet Rufus Cox on the road any time of night looking after his threshing machines.
    "We didn't eat strawberries for breakfast, either. They were almost unknown. Grapefruit couldn't be had, and oranges were in the markets about once a year. Farmers had chicken dinners twice a year and laborers none at all.
    "Oak wood, split for cook stoves, was sold for $1.25 a tier, delivered in Medford. And the roads over which it was delivered were hub deep in mud from November 1 to April 1. Those were the good old days." Attorney Newbury added, "I know a lot of other good things, too.
    "J. H. Stewart raised wheat and sold it to the mills at Ashland, delivered for 50 cents a bushel. He made two wagon trips a day, starting on the first one at 4:00 o'clock in the morning.
    "You could buy the finest beef in the country for one and a half and two and a half cents a pound. Farmers killed their own hogs, made their own lard, sold the surplus hogs to Bill Ulrich, who ran the southern Oregon pork packing establishment. The price was one and a half to three cents per pound. Chickens sold for 25 cents apiece, but nobody had the 25 cents. Thanksgiving turkeys brought 75 cents. The farmers came to town in their overalls and no oftener than they had to.
    "Subscriptions to the Medford Mail (parent on the mother's side to the Mail Tribune) were paid to A. S. Bliton in tier wood at $1.25 per.
    "Fur coats were never seen, and if a young lady appeared in a topcoat costing more than eight dollars, well--she was pointed out as a paragon of great extravagance."
"
Newbury Recalls Days of Flour Sack B.V.D.'s," undated 1930s Medford Mail Tribune clipping, RVGS


Newbury Groans Before Election Bet Payment
    His brow was drawn, his temples twitched, and the cords of his neck stood out to verify his agony as attorney Gus Newbury, Medford's veteran schoolmaster, sat at his desk this morning--for what might have been gold was only copper in the stack of coins sliding slowly over the top of his desk into his groping hands, and being copper was far too much for Gus' non-arithmetic mind.
    Above him glared attorney Rawles Moore. "You are paid in full. I want my receipts," he protested. Two witnesses stepped forward. "Your receipt," they reminded. Through his fingers, attorney Newbury let slide another shower of coins to the floor. Then a groan escaped from his lips. "Oh, why did I specialize in orthography," he stormed. The pennies clattered in many directions.
    "My receipt," attorney Moore repeated.
    "I will take your word for it; there is honor among lawyers." Attorney Newbury shoved the coppers in another golden shower to the floor. "I'm paid, I'm paid," he exclaimed.
    Attorney Moore walked out the door.
    "He can't count," he remarked in an aside to the office staff, concluding the exchange.
----
    In the recent primary election Newbury bet Moore $10 that Early H. Fehl would win the Republican nomination. He won, but Moore failed to win his bet. Each day Newbury hounded him through the halls of justice, he declared today, until driven to desperation by the "Shylock," Moore appeared this morning with the pound of flesh, $10 in copper pennies.
Medford Mail Tribune, June 1, 1932, page 5


    Gus Newbury's stories are always up to par, sez local resident after listening to Gus' latest story about the Chinaman.

"Town Topics,"
The Tattler, Medford, February 21, 1936, page 1    SOHS M46C Box 1


Early-Day Incidents of Jacksonville Community
Told by Gus Newbury at Dedication of Museum

    Following is a portion of the speech made by attorney Gus Newbury at the dedication of the Jacksonville Museum last Saturday. We regret that space limitations make it impossible to carry the entire address, but the part here shown will be of deep interest to readers.--The Editor. [The complete address is below.]
    When I came here as a small boy, Jacksonville was the center of all Southern Oregon. There was no Central Point, no Medford, no Grants Pass and but little of Ashland. Jacksonville had approximately 3,000 people, and when the Oregon & California Railroad Co. located the railroad line where it now is, it inflicted a severe blow upon the future of Jacksonville.
    At that time there was an old wooden courthouse standing where this building now is, and probably it was constructed in the '50s. At any rate, it bore evidence of the ravages of time. It was concluded that a new courthouse should be constructed, and my memory recalls that there was a violent controversy over the construction of this building.
The County Court
    The county court at that time consisted of Silas J. Day, a resident of Jacksonville, and two commissioners, Robert Cook from Foots Creek and A. Alford of Talent, and because the railroad was then in process of construction through the place where Medford now stands, the majority of the citizens of the county believed that this courthouse should not be constructed where it is, but the matter should be submitted to a vote of the people.
    Judge Day, being a resident of Jacksonville, and Robert Cook, having many warm friends here, voted to construct a new courthouse and entered into a contract with one L. S. P. Marsh for the construction of this building at a consideration of $37,000.00. This building was thereupon constructed adversely to the wishes of most of the people of Jackson County.
    My recollection is that the cornerstone was laid in September, 1883. At that time I was working for my board at the brewery in Jacksonville, and I stopped a great many times while they were laying the bricks in the courthouse.
Wm. Justus Murdered
    While this courthouse was being constructed the court was held in the city hall of Jacksonville. About 1883 or 1884 [It was March 1883.] a murder was committed near Medford of a man named William Justus, who, it was alleged, was killed by his son. This trial took place in the city hall, and I attended many of its sessions in the evening after coming from school.
    Justus was convicted and sentenced to the penitentiary for life, served 15 years and a few years ago was resident of Medford. Subsequently, a man by the name of O'Neil killed a man in Ashland named McDaniel, and that trial took place in this courthouse.
    The former H. K. Hanna, circuit judge, presided in each of these trials. Judge Hanna resigned the position of circuit judge and was succeeded by L. R. Webster, a young lawyer just starting practice in this city and who was one of the prosecuting lawyers against John Justus for the murder of his father. Judge Webster served as circuit judge for eight years. He was first appointed to succeed Judge Hanna and then was elected for one six-year term.
Court vs. Press
    An interesting and far-reaching event occurred in this old courthouse when Judge L. R. Webster was circuit judge. He was a very fine, honorable judge of a satin finish character, scrupulously honest. One E. J. Kaiser was the editor of a paper in Ashland called the Valley Record.
    Kaiser published an article accusing Webster of corruption upon the bench. It so incensed Webster that he issued a bench warrant for Kaiser and sentenced him to jail for contempt of court.
    Therein Webster made a mistake. Under the law he had no right to send a man to jail for contempt unless the contempt was committed in the presence of the court while in session. If the contempt were committed at some other time proceedings before the grand jury would be necessary. Webster failed to resort to the required procedure against Kaiser.
    Kaiser took an appeal to the Supreme Court, and it reversed the case and freed Kaiser from the conviction of contempt.
Of National Interest
    This incident really ripened into a matter of national consequence. That year when Webster went off the bench the Republican state convention nominated Webster for attorney general. George E. Chamberlain was then district attorney for Multnomah County, and the Democrats nominated Chamberlain for attorney general against Webster.
    Kaiser proceeded to array all the newspapers in Oregon against Webster excepting one, and that one was very lukewarm in favor of Webster; and while Webster would have been elected had it not been for the Kaiser incident, he was defeated by 240 votes, and George Chamberlain was on his way to national distinction.
    Chamberlain was re-elected attorney general, then elected governor and then went to the United States Senate and served as the chairman of the Military Affairs Committee of the U.S. Senate during World War I.
Federal Court
    When the old wooden courthouse was first erected in the '50s the federal court was held here in that courthouse, and Matthew P. Deady was the judge. When the state was admitted to the Union, P. P. Prim became judge of this circuit, which consisted of Jackson, Josephine, Lake and Klamath counties. He served in that capacity for 20 years, retiring to be succeeded by the former Judge H. K. Hanna.
    Judge Hanna was a striking character. He had coal-black eyes and snow-white hair and always had the courage of his convictions. While the judge was on the bench the taxation of the railroad through Jackson County became an issue, and a suit was brought by the railroad company to reduce the assessment to less than the then-assessed value per mile.
    The case came before Judge Hanna for trial and determination. A new circuit judge would be elected the fall following the time this case came on for trial, and the then-court judge and one of the county commissioners sought to influence Judge Hanna to decide that railroad tax case the way they wanted it decided.
Attempted Bribery
    The county judge and one commissioner filed into Hanna's office in this old courthouse and proposed to him that if he would decide this railroad tax case their way they would see that the was nominated for circuit judge again on the Democratic ticket and elected.
    During the time this case was up for consideration I happened to be county clerk, and the judge advised me of the attempt to corrupt him that was made by the county judge and the commissioner. He told me that he grabbed a chair, called them a few names you wouldn't find in the Ladies' Home Journal and ran them out of the office. Hanna was nominated on the independent ticket and elected that fall, and from there on had the excellent good sense to belong to the Republican Party until the day he died.
    It is impossible to chronicle all the interesting incidents that took place in this building, and they were not all sad and they were not all cool, calculated opinions based upon contested statements of causes of action and issues of facts connected with trials.
Humor in Court
    Many of them were of a humorous character, and I am sure that this audience will not consider me presumptuous if I relate an occurrence in which I was the victim of the humorous aspect of an incident in the trial of a divorce case in this building. A prominent attorney of Medford brought suit for divorce for a man whom we shall call Smith, and the wife of this man Smith employed me to defend her in this suit for divorce.
    The case came on for trial on a hot day in July. The bailiff of the court placed a pitcher of ice water on the ledge of the judge's desk for the court and the attorneys. During the case the plaintiff's attorney placed upon the stand a man who I thought had made several overdrafts on the truth and I gave him an unhappy half hour on cross-examination.
    The next witness the attorney for the plaintiff placed upon the stand was the wife of the preceding witness; and while the other attorney was asking this wife the perfunctory questions of what is your name, your age, and your residence I rose from my position and was about to step over to the judge's desk to take a drink of water from this pitcher.
    The witness immediately stopped in her testimony and pointing her finger at me she said, "Now you sit down. I don't want you to go after me. I've got heart trouble and I might die, you old thing, you!"
    Everybody in the courtroom including the judge on the bench broke out into laughter excepting myself. All of this evidence was taken down by the court reporter, except that tone of voice when she said, "You old thing, you!" He didn't get that tone in the record.
DeAutremont Case
    Within the recollection of most of the listeners here there was tried in this courthouse the celebrated DeAutremont case. The DeAutremont brothers were accused of the murder of the engineer, fireman, brakeman and U.S. postal clerk in a holdup of the passenger train in the Siskiyou tunnel about 25 years ago.
    This case was one of the most spectacular ever tried in Oregon and received nationwide consideration. Newspapers from all over the coast had their reporters present at the trial. Newton C. Chaney was district attorney, but he never lifted his voice in the trial of the case, and the state, through G. M. Roberts and George Neuner, prosecuted the defendants.
    I was one of the attorneys for the defendants in that case, but I was employed and officiated in the case for ornamental purposes only.
    In this old courthouse there were incidents of joy, of sorrow, of inexpressible griefs and of heartaches. They, too, are a part of the history of this old building. It is unfortunate that these events cannot be enshrined in this museum as fragrant recollections of the past. But they can only be perpetuated in the recollection of those who happened to live through that eventful period.
Appropriate Museum
    When we stop to consider all of the interesting things that now are nothing more than memories, it seems entirely appropriate that this old courthouse should be employed as a museum for the preservation of those relics of times gone by that can be preserved, and in the vault of this old courthouse there be perpetuated these old records of important events for present and future generations to contemplate.
    How wonderful would it be if all the stirring events as they occurred could be reproduced for the benefit of future generations. It is too bad that the heroic struggles of the pioneers who came to this country cannot also be visualized in picture for the present generation of youth and citizenship to show what hardships they bore in making this a great country.
    If they could and if the generation now here and those that are to come could be made to live, in their minds, those hardships and those struggles endured by early settlers, these later arrivals might have a better appreciation of the wonderful era in which they live, and would be less inclined to think that the U.S. government owes them whatever they see fit to wish for without any struggle upon their part and would be less inclined to think that the government should subsidize them to meet their every coveted want.
    This building and its predecessor connect the present with the beginning of history in all of Southern Oregon; and there could be no more appropriate receptacle of the evidences which make history; and for this purpose this building is therefore dedicated.
Medford News, August 11, 1950, page 1


ADDRESS
    For this event there was originally scheduled another speaker by the name of Phil Metschan, who resides in Portland. Phil never was a resident of Southern Oregon, but he had the good sense to come to Southern Oregon to select his life partner and in doing so he invaded one of the old pioneer families of Southern Oregon--that of Kaspar and Ellen Kubli. He took from the confines of that home Velene Kubli, and he took her to the wilds of Eastern Oregon and finally gravitated into the city of Portland. Prior to the time that he married into this distinguished and influential pioneer family Phil was singularly unknown, but when he allied himself with this good fortune his fame throughout the state of Oregon increased, and perhaps there is no man in the state of Oregon more widely known than Phil Metschan. It is with great regret that on this day we register the fact that Mr. Metschan could not fill the appointment of speaker upon this occasion.
    The management here was hard put to find somebody who would take the place of Phil Metschan, and they scanned the entire horizon of Jackson County, and without success, to find anyone with sufficient knowledge of pioneer history to function upon this occasion. In their deep distress they inflicted upon you the selection of myself to appear upon this occasion. That is why I am here.
    When I came to Jacksonville, Oregon as a very small boy, Jacksonville was the center of gravity of all Southern Oregon. There was no Central Point, no Medford, no Grants Pass and but little of Ashland. Jacksonville had approximately 3,000 people, and when the Oregon and California Railroad Company through the manipulation, and we may say chicanery, of its chief engineer located the railroad line where it now is, he inflicted a severe blow upon the future of Jacksonville. Not many years ago it was thought that Jacksonville would disappear from the face of the earth and be one of the ghost towns of the Pacific Coast, and it seemed at that period that Jacksonville should be confined in the museum as one of the interesting, old relics of bygone days. But in these latter years a veritable renaissance has hit the old town of Jacksonville, and it is on the way to resume its original pioneer figure. Everywhere around this old community there has been developed a new citizenship, and new and comfortable homes have been built that are better than most of the residences that were in Jacksonville when I first came here, and Jacksonville is to be congratulated that it has arisen from this ghost atmosphere of the past and has taken its place once more among the advancing cities of Southern Oregon.
    When I came here there was an old wooden courthouse standing where this building now is, and probably it was constructed along in the fifties. At any rate, it bore the evidences of the ravages of time. It was at the time concluded that a new courthouse should be constructed, and my memory recalls that there was a very violent controversy that arose over the construction of this building that stands here today. The county court at that time consisted of Silas J. Day, a resident of Jacksonville, and the two commissioners consisted of Robert Cook from Foots Creek and A. Alford of Talent, and because the railroad was then in process of construction through the place where Medford now stands, the majority of the citizens of the county believed that this courthouse should not be constructed where it is, but the matter should be submitted to a vote of the people as to whether  the old courthouse should avail for court purposes until the matter could be submitted to a consideration of the people. But Judge Day, being a resident of Jacksonville, and Robert Cook, having many warm friends in Jacksonville, voted to construct a new courthouse and entered into a contract with one L. S. P. Marsh for the construction of this building at a consideration of $37,000 and this building was thereupon constructed adversely to the wishes of most of the people of Jackson County. My recollection is that the cornerstone was laid in September, 1883. At that time I was working for my board at the brewery in Jacksonville, and I stopped a great many times while they were laying the bricks in the courthouse, and there was a man by the name of [James] T. Guerin, who was a very rapid bricklayer. he didn't belong to any bricklayer's union and therefore was not limited to the number of bricks he could lay, but he laid all the bricks he could during the day. And thus was this courthouse constructed.
    While this courthouse was being constructed the court was held in the city hall of Jacksonville, and about 1883 or 1884 [It was March 1883.] a murder was committed near Medford of a man by the name of William Justus, who, it was alleged, was killed by his son. This very eventful trial took place in the city hall, and I attended many of its sessions in the evening after coming from school. Justus was convicted and sentenced to the penitentiary for life, served fifteen years, and a few years ago was a resident of Medford. Subsequently, a man by the name of O'Neil killed a man in Ashland by the name of McDaniel, and that trial was a very eventful one. It took place in this courthouse.
    The former H. K. Hanna was the circuit judge who presided in each one of the trials. Judge Hanna, reputedly, because of a reversal in the Supreme Court of a celebrated case, resigned the position of circuit judge and was succeeded by L. R. Webster, a young lawyer just starting out to practice in this city and who was one of the prosecuting lawyers who prosecuted the case against the said John Justus for the murder of his father. Judge Webster served as circuit judge for eight years. He was first appointed to succeed Judge Hanna and then was elected for one six-year term, when he retired.
    It may seem a little far-fetched to the people who are listening here that an interesting and far-reaching event occurred in this old courthouse when Judge L. R. Webster was circuit judge. He was a very fine, honorable judge of a satin-finish character, scrupulously honest. One E. J. Kaiser was the editor of a paper in Ashland called the Valley Record, and this man Kaiser published a very scurrilous article against Webster accusing him of corruption upon the bench in some of the decisions which Webster rendered. It so incensed Webster that he issued a bench warrant for Kaiser and sentenced him to jail for contempt of court. Therein Webster made a mistake. Under the law he would have no right summarily to send a man to jail for contempt of court unless the contempt was committed in the presence of the court while it was in session, and if the contempt were committed at some other time against the court when it was not in session proceedings before the grand jury would be necessary before a man could be convicted of that kind of an offense. Webster failed to resort to the required procedure against Kaiser. Kaiser took an appeal to the Supreme Court, and, while the Supreme Court castigated Kaiser for his accusation against Webster, it reversed the case and freed Kaiser from the conviction of contempt. This incident really ripened into a matter of national consequence. That year when Webster went off the bench the Republican state convention nominated Webster for attorney general. George E. Chamberlain was then district attorney for Multnomah County, and the Democrats nominated Chamberlain for attorney general against Webster. Kaiser proceeded to array all of the newspapers in the state of Oregon against Webster excepting one, and that one was very lukewarm in favor of Webster; and while Webster would have been elected had it not been for the Kaiser incident, he was defeated by 240 votes, and George Chamberlain was on his way to national distinction.
    Chamberlain was re-elected attorney general, then elected governor and then went to the United States Senate and served as the chairman of the Military Affairs Committee of the U.S. Senate during the World War I, the most important committee in the world. Chamberlain attained very great distinction in that position. Verily, "A pebble in the streamlet scant has turned the course of many a river." What the political future of Oregon may have been but for the incident which arose in this courthouse no one can ever conjecture, but so far as personal effect was concerned it had very far-reaching consequences. Judge Webster went to Portland and for two terms served as county judge in that county.
    When the old wooden courthouse was first erected along in the fifties the federal court was held here in that courthouse, and Matthew P. Deady was the judge. When the state was admitted to the Union, P. P. Prim became judge of this circuit, which consisted of Jackson, Josephine, Lake and Klamath counties. He served in that capacity for twenty years, retiring to be succeeded by the former Judge H. K. Hanna. This former Judge Hanna was a striking character. He had coal-black eyes and snow-white hair and always had the courage of his convictions. While the judge was on the bench the taxation of the railroad through Jackson County became an issue, and a suit was brought by the railroad company to reduce the assessment to less than the then-assessed value per mile, and the case came before Judge Hanna for trial and determination. A new circuit judge would be elected the fall following the time this case came on for trial, and the then-court judge and one of the then-county commissioners sought to influence Judge Hanna to decide that railroad tax case the way they wanted it decided. The county judge and one commissioner filed into Hanna's office in this old courthouse and proposed to him that if he would decide this railroad tax case their way they would see that the was nominated for circuit judge again on the Democratic ticket and elected. During the time this case was up for consideration I happened to be county clerk, and the judge advised me of the attempt to corrupt him that was made by the county judge and the commissioner. He told me that he grabbed up a chair, and he called them a few names you wouldn't find in the Ladies' Home Journal or the Saturday Evening Post and ran them out of the office. Hanna was nominated on the independent ticket and elected that fall, and from there on had the excellent good sense to belong to the Republican Party until the day he died.
    It is impossible to chronicle all the interesting incidents that took place in this building, and they were not all sad and they were not all cool, calculated opinions based upon contested statements of causes of action and issues of facts connected with trial. Many of them were of a humorous character, and I am sure that this audience will not consider me presumptuous if I relate an occurrence in which I was the victim of the humorous aspect of an incident in the trial of a divorce case in this building. A prominent attorney of Medford brought a suit for divorce for a man whom we shall call Smith, and the wife of this man Smith employed me to defend her in this suit for divorce. The case came on for trial on a blixenly hot day in July. The bailiff of the court placed a pitcher of ice water on the ledge of the judge's desk for the court and the attorneys. During the progress of the case the plaintiff's attorney placed upon the witness stand a man who I thought had made several overdrafts on the truth, and I gave him an unhappy half hour on cross-examination and he was much relieved to vacate the witness stand. The next witness which the attorney for the plaintiff placed upon the stand was the wife of the preceding witness, and while the other attorney was asking this wife the perfunctory questions of what is your name, your age, and your residence I rose from my position and was about to step over to the judge's desk to take a drink of water from this pitcher and the witness immediately stopped in her testimony and pointing her finger at me she said, "Now you sit down. I don't want you to go after me. I've got heart trouble and I might die, you old thing, you!" Everybody in the courtroom, including the judge on the bench, broke out into laughter excepting myself. All of this evidence was taken down by the court reporter, excepting that tone of voice when she said, "You old thing, you!" He didn't get that tone of voice in the record.
    Within the recollection of most of the listeners here there was tried in this courthouse the celebrated DeAutremont case in which the DeAutremont brothers were accused of the murder of the engineer, fireman, brakeman and United States postal clerk in a holdup of the passenger train in the Siskiyou tunnel about twenty-five years ago. This case was one of the most spectacular cases ever tried in Oregon and received nationwide consideration. Newspapers from all over the coast had their reporters present at the trial, and we had a long table in the space reserved for the attorneys for the accommodation of the reporters. Newton C. Chaney was the district attorney, but he never lifted his voice in the trial of the case, and the state, through G. M. Roberts and George Neuner, prosecuted the defendants. I was one of the attorneys for the defendant in that case, but I was employed and officiated in the case for ornamental purposes only.
    In this old courthouse there were incidents of joy, of sorrow, of inexpressible griefs and of heartaches that were almost unendurable. They, too, are a part of the history of this old building. It is unfortunate that these very interesting events that took place in this old building cannot be enshrined in this museum as fragrant recollections of the past. But they can only be perpetuated in the recollection of those who happened to live through that eventful period, and I happened to be one of them. When we stop to consider all of the very stirring and interesting things that took place in this courthouse that now are nothing more than memories, it seems entirely appropriate that this old courthouse should be employed as a museum for the preservation of those relics of times gone by that can be preserved, and in the vault of this old courthouse there be perpetuated these old records of important events for present and future generations to contemplate, to muse over, and if possible to be able to imagine living through those eventful occurrences. How wonderful would it be if all the stirring events as they occurred in this building could be reproduced in the order of their occurrence for the benefit of future generations. It is too bad that the heroic struggles of the pioneers who came to this country cannot also be visualized in picture for the present generation of youth and the present citizenship to show what hardships they bore in making this a great country, and it is too bad through the evidences of those struggles endured by those early settlers, these later arrivals might have a better appreciation of the wonderful era in which they live, and would be less inclined to think that the U.S. government owes them whatever they see fit to wish for without any struggle upon their part and would be less inclined to think that the government should subsidize them to meet their every coveted want.
    This building and its predecessor connect the present with the beginning of history in all of Southern Oregon; and there could be no more appropriate receptacle of the evidences which make history; and for this purpose this building is therefore dedicated.
"Southern Oregon Historical Society," address of Gus Newbury, August 5, 1950 at the dedication of the Jacksonville Museum, Oregon Historical Society, September 1950, pages 223-227


Gus Newbury, 85, Prominent Lawyer, Educator, Passes
    Gus Newbury, 85, one of the best-known attorneys in southern Oregon and a familiar figure in Jackson County for more than 70 years, died last night.
    He had been in ill health for a number of months, and had been staying at the county farm home. A native of East Liberty, Pa., Mr. Newbury was born on March 27, 1870.
    He arrived in Jacksonville, then the county seat of Jackson County, at the age of 12 in 1881. For a number of years, starting at the age of 16, he taught school there and later, starting in 1893, served as county superintendent of schools for seven years. During this period he was reading law, and, entirely self-taught, he passed the state bar examination in 1903.
Long Career
    This began a long and colorful practice of law, during which he had broad trial experience both in criminal and civil cases. One of them was the famous d'Autremont case, in which he served as a defense attorney. The case was the last important trial held in the old courthouse, now the Jacksonville museum.
    At one time he was county clerk, and in addition was known for his association with fraternal organizations. In 1906 he joined the Elks lodge, and was grand exalted ruler of the Medford lodge in 1917 and 1918. On each of his more recent birthdays, he has been honored by other past exalted rulers of the lodge, the most recent occasion last March.
    He also was a member of various Masonic orders, and was a member of Hillah temple of the Shrine.
    Survivors include a daughter, Mrs. Maude R. Mehaffey, Antioch, Calif., and a son, Carl, Lafayette, Calif., who arrived in Medford today; five grandchildren and six great-grandchildren, and a daughter-in-law, Mrs. Don R. Newbury. His son Don, also a well-known Medford attorney, with whom he was associated in practice, died in 1952.
Funeral Thursday
    Funeral services will be at 2 p.m. Thursday, July 28, at the Perl funeral chapel, with the Rev. John Reynolds, of the First Presbyterian Church, officiating. Elks lodge members will participate in later services conducted by past exalted rulers of the lodge, who will serve as pall bearers.
    Members of the Jackson County bar today paid tribute to Mr. Newbury for his long service, for an outstanding and keen wit, and for a strong sense of loyalty to his friends. He was both interested and active in Republican politics and in lodge activities, his friends reported.
    They characterized him as a pioneer, a human figure who loved life and his state, and who had won his way in his chosen profession the hard way, despite many years of partial illness.
Medford Mail Tribune, July 27, 1955, page 1



    In September of 1919, on my return to the ranch from France, I put in an application for membership in the Medford Elks Lodge. "Gus" Newbury was the lodge Exalted Ruler that year, and on my initiation night with some dozen other candidates, a member rose at lodge closing and requested that Gus relate to the new members the story of his journey to Oregon and his growing up in Jacksonville, Oregon, then the county seat of Jackson County.
    As Gus told it, his widowed mother had a brother working in Jacksonville, and when she received a letter from him urging her to move west with young Gus at his expense, they were soon saying goodbye to Gus' birthplace, East Liberty, Pa., to travel by trains to Sacramento, California, where they boarded a four-horse stage for Jacksonville. The third day's stagecoach ride brought them to the Callahan ranch-hotel for a night's lodging only a few miles south of the gold mining town of Yreka. The year was 1881, and Gus was 12 years of age. The next morning when boarding the stage Gus talked his mother and the driver into allowing him to ride on top with the driver and the man riding "shotgun." It must have taken some fast talk on Gus' part, as California's most famous stage bandit, Charles E. Boles, "Black Bart," was still on the loose, and some of his banditry, with no accomplice, was in the Yreka area. Credited with some 28 successful holdups, this outlaw was not apprehended until run down by Wells Fargo Bank operatives in November of 1883.
    Shortly after their arrival in Jacksonville, Mrs. Newbury secured employment as a maid in the old United States Hotel, and Gus was put to work as an assistant janitor in the town brewery. When he traveled to Salem in 1903 to take the state bar examination, he was the only candidate to show up that morning before a judge, and as Gus related the event, the old judge stated, "This will be an oral examination, and we will make it short, as I have an appointment down the street, and for the first question we will assume that you have opened your first law office and a prospective client walks in the door and states his problem. Now, young man, what would be your first move?" After some deliberation Gus replied to the judge, "Well, sir, the first thing I would do would be to collect a fee," to which the judge replied, "We will now conclude the examination; you can go back home, and in due time you will receive your license to practice law in this state."
George W. Vilas, Tales of a Rogue Valley Rogue, 1974, page 32


    There was a colored midget shoeshine boy. I never learned his name. He was just the right height to shine shoes without stooping. Occasionally, Judge Kelly and Gus Newbury, a prominent attorney, would be seen walking along Main Street, the colored midget shoeshine boy walking between them. He would look up, they would look down as they conversed. Rather amusing.
    That's the way it was 60 years ago.
                Ellis Beeson
                Talent, Oregon

"The Way It Was," Medford Mail Tribune, March 23, 1982



Last revised May 20, 2017