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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 25, 1908)
FINGH RELUCTANT IN HIS Hesitates About Describing Details of Murder of Fisher. CONTRADICTS PROSECUTION Heclarcs Miss Burkhart, Stenogra pher, Did "ot See Him In Fish er's Private Orflce and Tteiter ates Story of Attack. HNTH'S VERSION' OF MCRUKK OF RALPH nsHER. Fays he went to Flshe-'s office at i request of Fisher, who called him up by telephone and addressed him as Jim." Asserts when he entered office Fisher ordered him out. selxed no tary' seal and hurled It at him. Inflicting painful and dazing wound on head. s-aw Fisher reach Into a drawer and then fired three shots, killing Mm. Swears he purchased revolver & short time before murder but merely for hi" wife and It waa Just chance he had it when he visited Fisher. Declares Miss Verna Burkhart did not see him after he entered room and was not witness of tragedy. Penies ever having threatened Flshrr or of harboring- 111 feeling to wards htm. Tilts story Is opposed In every essential to testimony of state's witnesses, all reputable people. De fense has stmp'y Finch's word against sworn statements of half dozen people. Including Miss Verna Burkhart. James A. Firch told his story of the luur'dcr of Italpli Fisher yesterday. ' It was the story he had devised in the hope of saving himself from the execu tioner, and in every essential it dif fered from the evidence produced by the state. The general opinion Is that fie most Finch can hope from his nar ration is thut the 12 jurors will take lils word rather than that of Miss Verna Burkhart, Fisher's stenographer, who saw the murder. To believe Finch, the jurors must also disregard the ii.oldtmtal testimony of a score of reputable witnesses as to the facts of tile tragedy as deduced from circum stance? observed before and after the occurrence. Finch's tale of an assault on hi. 11 by Fisher threw no fresh light on the case. It was more or less In genious, but Its effect was only putting J'inch s veracity against that of Miss l!urkiiart and the others. State Tear's Story to Pieces. Tearing to pieces of the story was undertaken hy the state late in the afterroon. The state Is essaying to rmplia-iize absurdities in the story and to entrap Finch In his network of In volved explanation. After being on the rtand all day Finch, nearly exhausted was led down to a cheerless Christmas eve in murderer's cell of the County Jail. fitting restlessly In the witness chair, speaking In a loud but forced and halting voice. Finch presented his narraMve to the jury. At times he was very earnest and his hands kept mov ing constantly with gestures of em phasis. During the description of an alleged assault on him he was very ill at rase and lost the suggestion of self possession that marked him while he was f I lll.i g In with long, dry details of Jiis past life and of his movements be fore the murder. He was on the stand all day. The feature of Finch's story, aside from its contradictory nature, was his marked unwillingness to approach Fisher's room and the moment of the actual killing. AH forenoon he avoided that topic. Three times at the fore noon session he told of approaching the Mohawk building. But each time, when the courtroom fell into a hush of expectancy. Finch dropped away on some wordy side issue. Finch Tells of Murder. When he did finally Invade the fatal room with his story, early In the after noon, he began speaking rapidly, fntered the room with a verbal rush and then, in the very midst of the tragedy, broke and fell away again Into unimportant details. Here is his storv. in its important detail, as he tol.i it. "I entered the Mohawk building."" he began, sitting up erect in his chair and speaking a; from a sudden determina tion to perform an unpleasant task, "and saw S. S. Humphreys near the f levator. I asked him or the elevator boy. or someone, where Mr. Fisher's office was. He told me it was room 529. if I remember rightly. I got off at the third floor, walked down the hall rapidly, opened the door, stepped to a desk where sat Miss Verna Burk hart at a typewriter. "I hesitated a moment and asked her tf Mr. Usher was in and If he was occupied. She said yes, that he was In, ami that he was not busy. I stepped Into Mr. Fisher's room, closed the door and said 'Hello, Ralph.'" Falters at Crncial Point. Here Finch faltered again when he was face to face with the tragedy. "I was about five feet from his desk and he was sitting at the desk." he began, and then fell away into a long and unnecessary set of details as to the distribution of the furniture. "And he turned around." proceeded Finch, recovering his courage, "and said 'What do you want here?' I said, Ralph. I came over to see If you couldn't help a man' out.' I talked with him niong this line. " "Get out of here.' he said, all of a sudden, speaking in a harsh way, and he grabbed a notary's seal. He hurled it back wkrris directly back and over. It struck me on the head and hat. a glancing blow. "At the first flash I thought it was a gun. The flash and the blow came almost at once. I was knocked back. It was a complete daze when that seal struck me. and I don't remember very well, but I think my hat was knocked off. "The next real recollection I had there are some confused recollections in between but the first real recol lection was belns against the door, leaning half down and half up." Demonstrates AVith Chair. Finch here took the witness chair, placed it on the floor and demonstrated the attitude he described, also Fisher's attitude. "Mr Fisher was standing by his desk like mis," said Finch, getting astride of , TESTIMONY the chair. "He -was that way when I drew the gun. Whether he had been there all the time or had been around from behind the desk and had gone back, I don't know. Just as I drew the gun I had It In this long overcoat," said Finch, slipping Into the garment for purposes of demonstra tion. "Just then he was reaching into his desk and I had been informed that he had a gun. When I fired the first shot he kept on going; that was the shot that went wild through the window. I guess. The second shot was the one. I think, that did the business, as the doctor de scribed. "When the first shot was fired, Verna Burkhart opened the door and screamed. The third shot came by accident. Just because I had a finger on the trigger, I guess. Says lie Feared Gun. "When Mr. Fisher went lnta that drawer," Finch said, dramatically, "I thought of his gun. It flashed through my head. 'I'm gone.' Just like that. I thousht I was in serious danger. "When lie fell. I picked up my hat and went out. I nearly collapsed with the pain in my head where I had been struck by the seal." "How far were you from him when you fired the second shot?" Inquired Juror Hawes. "I was backing up when the first shot went wild and tired from a crouching po sition. I was trying to get to the door and get out; that was my only thought. ' "Did you pick up your hat from near the window?" pursued the juror. "Yes. I picked it up. I nearly, collapsed before leaving. The hat was at' the west ASMSTIG 1"V PBOSKCl'TIOX OF' MlllUEHUl FI.NtH. side of the room, not far from the win dow, but Just how far from the wall I don't know. Dawd After Shooting. "As to the seal. I'm not certain whether I picked it tin or left it lying there I may have picked it up or I may not. I was dazed," rambled Finch, volunteering this odd ' explanation of why no seal was found lying on the floor after the mur der. "The next I renumber was of being handcuffed. I recall very few things after the time I left the room. I re member coming up in the patrol wagon to the County Jail and of having my wife call on me that night." "Do you remember how the body was lying when you left?" asked Juror Hawes. "No, I don't." replied Finch. "It seems to me the body lunged down by the desk In the direction lie was leaning toward the drawer of his desk. "I was not conscious on Saturday of pains in my head." pursued Finch, but on Saturday night, when I went to bed in my coll, I felt the pain in my head. My mind was perfectly clear when I went to Mr. Fisher's office, but after I left I remember but little of what hap pened." "Do you remember how long it was from the time you went Into the office before you began shooting?" inquired Juror Hawes. "Very short," Finch replied. "It was a very short interval, but I wouldn't at tempt to say how long it was." Jurors Feel Bump on Head. Finch then passed among the jurors and had each one of them feel his head at a point just above his right temple where a small contusion appears. This spot, he said, was the stampmark of the seal hurled at him by Fisher. On being questioned by his attorneys. Finch said again that he went to Fisher's office in response to a telephone call from Fisher. He reiterated that he had no malice in his heart and fired In self-defense. Finch was given over for cross-exami nation at 3:40 o'clock and for the remain der of the session he was cross-examined by Special Prosecutor A. C. Spencer. Over the . whole ground Finch was taken, step by step. Finc h controlled hlm- lf with an effort. He was very cautious and reflected for a brief space on each question before attempting any re sponse. Traps set for him he side stepped deftly, but many of his explana tions were forced. The weak places In the story were) gone over and their absurdity emphasized. Although the state did not entrap Finch, yet his narration was dissected In such mannet as to destroy. It Is believed. any effect It possibly could have had on the jury. Talks to Wife After Shooting. During tho course of cross-examination. Finch was . asked if he described the tragedy to Deputy Sheriff Beatty the night of the murder. He admitted hav ing talked to his wife in Beatty's pres ence. , Didn't you tell her that when Fisher telephoned for you that you became sus picious and bought a revolver?" inquired Mr. Spencer. "I don't Just remember what I said. I know I didn't go into details at that time. I was so weak I could hardly stand up." "Now as to this bump on your head: didn't you bump your head in jail after your arrest?" I don t think that I did. replied Finch. And isn't it a fact that when you shot Mr. Fisher you aimed the first shot t the back Of his head while he was sitting at work at his desk, and that as he fell you fired a second and third shot?" inquired Mr. Spencer. "No, sir, It is not," replied Finch, de fiantly. The cross-examination continued until 5:35 P. M., when it was found by the state that -it could not finish. Adjourn ment was taken until Saturday morning. at 9 o'clock. Story of Life in Morning. Finch devoted almost the entire fore noon to a rambling account of his life. During this time he was calm and self possessed, but lacked continuity of thought.- He described his rise from a farmhand to a lawyer and his later fall Into the ranks of discredited practition ers. Several times ne was interrupted by Judge Bronaugli, who was unable to see any relevancy in this long, rambling nar ration. The gist of Finch's forenoon of talk was that he once ran a ferryboat on the Willamette, was a farmhand near Albany, a country editor, calendar clerk of the Slate Senate and theu lawyer. He explained tea disbarment proceedings j I . ; - . - 's I ' " t V - ' : " V " ' it v i :. WW. : - J Jt . - -. - f . .; : Lw'.s m ,-A, - -r i Arthur C. Spencer, Will Hi :3 ; 3; fan Seventh and said he pleaded guilty at the in stance of Ralph Fisher, who promised to have him reinstated If he -would save tho grievance committee the troubl of a trial. Fisher "double-crossed" him, he said. On learning of his suspension from practice, tie said he became greatly de pressed, tout found hope in the idea of re instatement. He had been seeking Fisher's approval, he continued, and had asked him, over the telephone, some hours before the murder, but Fisher cut him short. Tells of Buying Gun. ( later he went down the street to buy a revolver, having learned that burglars had frightened his wife the night before. He said he returned with the weapon to his office and shortly afterwards Fisher telephoned him, asking him to call at once at Fisher's office. Thus It was quite by chance he had the weapon In his pocket. Finch said. As to the stories of threats against Fisher, he said they were not true. He branded as untrue the testimony of B. X. Rounds, who said that Finch told him he'd "get" Fisher, the very day be fore the murder. He also disputed the testimony of Charles Downer, who says that Just before Finch went to Fisher's office on the fatal errand, he said "the next time you hear from me I'll be in jail." He was in the midst of this tes timony, which he gave in great detail, when noon recess occurred. Jury Not to Go to Finch's Wife. When court reconvened at 2 P. M., Floyd Mathes, a night watchman, was called.. He testified to having seen C. M. Kissenger, a Eugene lawyer, stand ing across the street from the Mohawk building at the moment of the assassina tion. Kissenger is the man who was re lied on by the defense to tell of seeing a desperate struggle between Fisher and Finch, but who failed to Use up to the expectations ' wheh placed on the stand Wednesday. The defense also asked that the Jury visit Mount Scott sanitarium and hear the testimony of Mrs. Finch, who was reported as very HI. The court refused to permit this and suggested a deposition, ; You Tate an Auto Ride to wintoii on Perhaps 3-011 've been housed up pretty closely right up to Christmas didn't have a chance to get out and see things SWINTON among others. Come to our office this forenoon and take an auto ride to SWINTON at our expense. By going, you do not obligate yourself a cent's worth, understand. You'll have the pleasure of an auto ride, will see how very fast this old town of ours is growing, and you'll bring back a dandy appetite for your Christ mas dinner. This auto ride will give you an opportunity to see SWINTON face to face to see the best piece of investment property in this neck o' woods. If you were so lucky as to receive a "Money Gift," you can do no better than invest it in a SWINTON lot. A little over three months ago we placed 1000 lots on sale; today there are less than a hundred of them left. Others have invested in SWINTON and made a turn at a handsome profit already why wouldn't it be a good thing for you to do likewise while you can? Perhaps there's some member of your family who is a wage-earner and whom you want to encourage in thrifty frugal habits. Make a payment and take a con tract and make them keep up the small monthly payment of 2 per cent. Money that would otherwise be frittered away for trifles will be placed where it is sure to double in a very short time. We could go on forever and a day and then not tell you all the reasons for investing in real estate of proven good quality, and SWINTON surely has that quality above all others. Streets are graded to city engineer's stakes. "Water mains in front of each lot and all brush cleared off 3-011 see what 3-011 get. Interested? Then let us take 3-ou out and show you what SWINTON really is. N. B. Remember that there's an advance of 10 per cent on the price of SWINTON lots in a few days. Columbia Trust Company Floor Couch Building ll!!l!!iniliM I hi 11 ii nil iiiT-m; 1 liiii'iim i iih 1 1 1 1,, 1 iKiiimiiiiiHiiiiii iiiiui iMalii but the defense then became conscious of hopes that she could appear before the Jury In person by Saturday. COLLEGE MEN CHUMS KISS Joy and Sympathy Among Students at 1eyden Cnlverslty. Leyden (Germany) Letter to the Bos ton Globe. It Is Interesting to be at Leyden when examinations are going on. Groups of friends gather together In the small court entrance to await the result, and when a student comes down the stairs with a happy face his friends give Joyous shouts, fling their arms about him, frankly kiss both sides of his face, and with arms enlocked they march off to celebrate at some cafe the great good fortune of their friend. If the ' poor fellow comes stumbling down the stairs, half blinded by his tears, the friends gather about him with expressions of sympathy; em bracing him, and kissing his wet cheeks, while some wipe his face with their handkerchiefs, and even weep with him. In a few moments this sym pathy gives him courage, and then his friends pat him on the back, thump his shoulders, tell each other that any man would fall In such a difficult examina tion, and at length walk him off probably to a cafe with a look In his face as If there might yet be a chance for him in this hard world. It is a pleasant sight to watch this entirely sympathetic action. In which there is no shadow of self-consciousness. Even while It looks odd to us Americans to see college men kiss and embrace each other, there is such af fectionate sincerity and frankness of sympathy. It impresses us. Chicago. The greatest mass meeting of the Chicago women's suffragist campaign will be held January 10. The principal speaker, probably, will be ex-Governor Huch. ot Kuuu i Office Open This Forenoon Christmas nmu - ,im 1 1 ; !"i mrrf . lliliiitj UlUAillllttli;titll4iL,iltllHUllllUilNlHIllJbi JKH 1 1 1 1 1 ! H 1 : 1 UUi. ill J lii , I i 1 1 LI. : . . I H H 1 1 i: U. , J 1 1 . . U I i i;i,i iilli I 14, 1 11 : Hi j i U I H M ! IU L MARRIES HOOD CHOICE WIDOW WITH FOUR GIKIS AXD FORTCXE TAKES PLUMBER. Children Are Satisfied, so Are Prin cipals in Match, and That's All. BATH BEACH. N. Y., Dec. 24. "We were. married at 5 o'clock last night In Jersey City. Love. KITTY." This telegram from the former Mrs. Mary Randolph, and received by one of her four pretty daughters at the Ran dolph home, 32 Bay Seventeenth street, one day last week, certainly put them all in a nutter. It was somewhat of a shock to them, of course, but then they knew all about their mamma's romance, and now they are waiting to give the bride and bride groom a rousing welcome when they re turn from the honeymoon trip. The whereabouts of the couple is un known to the daughters, but even if the telegram didn't say so. they know who their mother's new husband Is. He Is Thomas Lang, a prosperous Harlem plumber. Lang was an old flame of Mrs. Ran dolph's. In fact. It Is well known that they were as good as engaged when but girl and boy, the engagement having been broken by Mrs. Randolph's parents because of the young man's obscure pros pects financially. Richard Randolph, whose business was far more promising, was chosen as her husband. Somewhat against her will. Miss Mary married him. They did well, and in time amassed a fortune. At her husband's death Mrs. Randolph found herself the possessor of several hundred thousand dollars, well Invested in real estate, both In New York and elsewhere. Lang "re mained single, and when he heard of the -m t! ' I i oaay ; Fourth Street, Near lUmitHtlUIINIIIMIItMlfl'lHIIIinilllillllliniMllltMIMMlllirilin'tTTTTinmTTt nmmimmmrmmri death of his old sweetheart's husband fie called upon her. He, too, had grown more prosperous with increasing' years and Harlem patrons. Lang became almost a dailv visitor I after that and well, the wedding took place in Jersey City last Wednesday. Lit tle Miss Kitty, the youngest of the four daughters the others are Alvira. Minnie and Ellis told a reporter all she knew about it and showed the telegram she had received from her mother. "Mother's marriage to Mr. Lang was quite a shock to all of us." she said. "We girls never suspected anything like that happening. You see. they were such old friends, and mother well, mother must be nearly 45 and has us big girls, you know and it was Just the last thing we ever dreamed of. "Mr. Lang has been a constant visitor and they really thought a lot of each other, but the other night before we got the telegram we thought she had gone shopping. She started out with that intention in the afternoon, and by night time she had not returned, and we girls were getting real anxious." thinking something must have happened to her. When we got her wire then it was all right. "Oh. yes. Mr. Lang is a nice man. and we like him. Good looking? M-M-M well, he'd pass In a crowd and he's got a real nice disposition. Yes. we approve all right. Only ma should have told us. We haven't heard a word from them since, but everything will come out fine." Mrs. Randolph Is handsome and pos sessed of $50,000. She inherited a fortune on the death of her first husband five years ago and owns much realty In Har lem and other parts of New York. She also owns a number of houses In Bath Beach, Including the one she bult not long ago as a home-for herself and four of her daughters. A fifth daughter. Mrs. Albert Huott. lives just a block from her mother's home. Yuma. Ariz. The Tvaguna. cotferiiam stamls Intact, but it has rnulrert tho uni ted efforts of all the crewa employed In stemming the tide of the swollen river with sand bags. For 12 hours the water came through the sluiceways In walls six feet high, cutting the soft ground and duodlng the surface of the dam. aTW J Washington ffi!!!l!!li!!iR!!!i!l!!!!!E 1 1 1 1 i H I in BRAVE RESCUE AT FIRE New York Tenement Blaze Scene of Great Daring. NEW YORK, Dec. 24. Another of . New York's typical tenement-house fires, re plete with sensational rescues, panic stricken women and children and terrified men, occurred In Harlem early today. Shortly before 3 o'clock flames burst from the upper floors of the double tenement-house at No. 122-124 West 127th' street, gutting the structure. One man was killed and three other men and a woman were seriously burned, while the lives of many others were 6aved only by prompt, heroic work by firemen and the tenants themselves. The man who lost his life was Daniel Frizzel, 18 years old, an Englishman who lived with a family named Looker on the top floor. The injured are: Mrs. Alice Looker, 50 years old. burned about the head end body; condition se rious. Charles Looker, her son, burned about head and feet. Harrison Looker, another son, hands and arms burned. David Mul len, fireman, burned about hands and feet. Mullen received his burns in saving the life of Mrs. Looker. He rushed up a ladder to a fifth-story window, from which Mrs. Looker was about to jump to the ground, shouting encouragement to the woman and telling her not to jump. Although the flames were pressing close behind her, she waited and was reaching out to meet Mullen's arms when she fainted and fell back Into the blazing room. Mullen plunged headlong after her through the window, from which clouds of smoke and flames were swirling. When he found Mrs. Looker, her night clothing were a-blaze. He beat out the flames with his bare arms, tore off his coat and wrapped it around her. Mullen then car ried the unconscious woman through the flames and to the window and half way down the ladder, where his companions were waiting. Frizzel's blackened body was found later by the firemen. Th building wss damaged to the extent of about tlS.OOO, i