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About The Bend bulletin. (Bend, Or.) 1903-1931 | View Entire Issue (Dec. 7, 1922)
PACK 0 DRKP nUIJiRTIN. DEM), OttKflON, TIUHMHAV. DHCKMIIKH 7, laa WRONG SECTION AMENDED, STATE EVANS LAWYERS Attack Constitutionality of I Death Penalty BRIEF IS COMPLETED cross-Cut Clinngo In Constitution Mndo n Affecting Hoozo Section Cited in Kffurt to Save Sin) or of James Doran Courtnev Cooler ItLUSTRVnONS R3.VanKice When tho 1920 legislature, by pas bbo of senato Joint resolution No. 8, reinstated tho death penalty for first degree murder, subject to popular vote, It amended tho wrong section of artlclo one of tho Oregon consti tution. This Is tho declaration of W. P. Myers of Bond, and John Gavin of Tho Dalles, In their brief In tho Abo Evans murder case. In which they seek to free Evans, now under sentence of death, by attacking tho constitutionality of capital punish ment In Oregon. The brief sets forth that section 3G was the section amended, and that this is the amendment prohibiting tho liquor traffic, or the manufacture, sale, or barter of intoxicating liquor in Oregon. The amendment abolish ing the death penalty, which should havo been the one affected by tho law of 1920, was section 37, it is pointed out. Quoting exactly, section 36 pro vides that "No intoxicating liquors shall be Imported Into this state for leverage purposes." Vote Slay llo Obstacle "It appears almost Inconceivable that tho Irregularities and inconsist encies of the senato resolution, so proposing the last amendment to re store the death penalty, should have been overlooked until a number of lives havo been forfeited, but this, unfortunate as it Is, can be no reason for keeping silent as to such incon sistencies," the attorneys emphasize in their statement. The fact that popular vote In the May, 1920, elections, without ref erence to article or section of the Oregon constitution, sanctioned the reinstatement of the death penalty for first degree murder may prove an obstacle In the effort to free Evans through an attack on the constitu tionality of punishment by death. The measure as It appeared on the ballot made no mention of the sec tion to be amended. Guilt Admitted Evans, by his own confession, and as found by the jury which tried the case in Tho Dalles, shot and killed James Doran, Bend logger, on the night of September 10, 1921, with robbery as the motive. The murder was committed near The Dalles, Evans also shooting and wounding William Ducharme, the third mem ber of tho auto party which had started from Bend on a trip to Port land. Evans was arrested on the fol lowing day in Jefferson county as he was returning to Bend. FIRE FAILS TO HALT .CREAMERY OPERATION Bniall Blnzo in Building Calls De partment Cause Not Learned Snow Hinders Truck Operation of neither the Central Oregon Farmers' creamery nor the ice plant of the Bend Water Light & Power Co., was Interrupted more than momentarily by the fire which broke out in the building occupied by them jointly, calling out the fire department at 8:30 o'clock Monday morning. Snow covered streets kept the truck from making the fast time usual. Tho fire started in thq attic, and did no appreciable damage. The fire men were hindered in extinguishing it by the dense smoko and the fact that tho building consists of numer ous compartments. No cause for the fire has been given. They started up the mountnln side, sktrtlng the big gullies nnd edging about the highest drifts, taking ad vantage of the cover of the pines, nnd bending ngnlnst the force of the bllz- znru, which seemed to threaten to blow them back, step for step. No one spoke; Instinctively Fntrchlld and Anita nnd guessed Harry's conclu slons. The nearest mine to the Blue l-oppy wns the Sliver Queen, situated several hundred feet nbove It In alti tude nnd less than n furlong away. And the metal of the Silver Queen and tho Blue Poppy, now that the strike had been made, had assayed nl HiuM, luenticnuy tne same, it was easy to make conclusions. They reached the mouth of the Sti ver Queen. Harry reconnoltered n moment before he gave the signal to proceed. Within the tunnel they went, to follow along Its regular, rising course to the stope where, on that gnrlsh day when Taylor Bill nnd Bllndcye Bozeman had led the enthu siastic parade through the streets, the vein had shown. It was dark there no one-wns at work. Harry unhooked his carbide from his belt, lit it and looked around. "It ain't coming from "erer he an nounced. "It's" then his voice dropped to a whisper "what's thatj" Again n rumbling hnd come from a distance, as of an ore car traveling over the trnm tracks. Harry extin guished his light, and drawing Anita nnd Falrchlld far to the end of the stope, flattened them and himself on the ground. A long wait, while the rumbling came closer, still closer: then. In the distance, a. light appeared, shining from a side of the tunnel. A clanging noise, followed by clatter ing sounds, as though of steel rails hitting against each other. Finally tne tramming once more and the light approached. Into view came on ore car, nnd be- nind It loomed the great form of Tay- wr uiu as ne pushed it alone. Straight to the pile of ore he come, unhooked the front of the tram, tripped it nnd piled the contents of the car on top of the dump which already rested there. With that, carbide pointing tho way, lie turned back, pushing the tram before him. Harry crept to his feet "We've got to follow The whispered. "It's a blind entrance to the tunnel som'eres." They rose and trailed the light along the tracks, flattening themselves against the timbers of the tunnel as the form of Taylor Bill, faintly out lined In the distance, turned from the regular track, opened a great door In the side of the tunnel, which, to all appearances, was nothing more than the ordinary heavy timbering of a weak spot In the rocks, pulled It far back, then swerved the tram within. Then, he stopped and raised a port able switch, throwing It Into the open ing. A second later the door closed behind h!m, and the sound of the tram began to fade In the distance. Harry went forward, creeping ulong the side of the tunnel, feeling his way, stop ping to listen now nnd then for the sound of the fading ore car. Behind him were Falrchlld and Anita, follow ing the same procedure. And all three stopped nt once. The hollow sound was coming dl rectly to them now. Harry once more Drought out his carbide to light It for NIGHT BEST TIME TO DRIVE TO COLUMBIA At night is tho best time to travel between Bend and The Dalles, says Donald McCain, who made the round trip last week, returning to Bend Sat urday. At night tho roads are frozen and firm, while in day time they are slippery. It can be made without difficulty if chains aro used, ho re-poras. DRUG STORE OPENS IN THE OWL ANNEX C. A, Plath has opened a pharmacy in the annox at the rear of the Owl pharmacy, which has been closed as a result of bankruptcy proceedings. Plath will move into the Owl location as soon as tho litigation is settled, he announces. a moment and to diamine the tim bering. us a good Job!" he commented. "lou couldn't tell It five feet offl" ineyve made a cross-cut!" This time It was Anltn's voice, plainly an gry In spite of its whispering tone "No wonder they had such a wonder- iui strike," came scathingly. "That other stope down there " Aim nomine uut n salted nrono. smon." said Harry. "They've cement ed up the top of It with the real stuff and every once In a while they blow a lot of It out and cement It up again to make It look like that's the real vein." "And they're working our mine I" Ited spots of nnger were Hashing be fore Fnlrchlld's eyes. "You've said Itl That's why they were so anxious to buy us out. And thnt's why they started this two-mllllon-dollar stock proposition when they found they couldn't do It. They knew If we ever 'It that vein It wouldn't be any time until they'd be caught on the Job. That's why they're ready to pull out with somebody else's million. They're getting at the end of their rope. Another thing; that explains them working at night." Anita gritted her teeth. "I see It now I can get the reason. They've been telephoning Denver and holding conferences and all that sort of thing. And they planned to leave these two men behind "here to take all the blame." "They'll get enough of Itl" added Harry grimly, "They're miners. They could see that they were making a stralBht cross-cut tunnel on to our "We've Got to Follow." vein. They ain't no children. Wlnaere nnd Taylor Bill. And "ere's where they start getting their trouble." He pulled at the door and It yielded grudgingly. The three slipped past. louowmg along the line of the tram track In tho darkness. Harry's Dlck handle swinging beside him as they sneaked along. Itods that seemed miles; at Inst lights appeared In the distance. Harry stopped to peer ahead. Tnen lie tossed nslde his weapon. "There's only two of 'em Bllndcye ana Taylor Bin. I could whip m both myself, but I'll take the big 'un Tou " he turned to Falrchlld "you get winaeye. "I'll get him." Anita stopped and groped about for a stone. Til be ready with something In case or accident," came with determination. "I've got a quarter of a million In this, myself I" They went on, fifty yards, a hun dred. Creeping now, they already were within the zone of light, but be fore them the two men, double-Jack Ing at n "swimmer," had their backs turned. Onward until llnrrv and Falrchlld were wltiiln ten feet of the "hlgh-Jackers," while Anita waited, stone In hand. In the background. Came a yell, high-pitched, fiendish. racking, as Unrry leaped forward. Ami before the two "hlgh-Jackers" could concentrate enough to use their sledge ana drill as weapons, thev weio whirled about, battered against the hanging wall, and swirling In a daze of blows which seemed to come from everywhere t once. Wildly Harry yelled ns he shot blow after blow Into the face of his ancient enemy. High went Fnlrchlld's voice as he knocked Bllndeye Bozemnn stnggerlng for .1io third time against the hanging wull, only to sue him rise and to knock him down once more. Dizzily the sandy.hulred man swung about In his tracks, sagged, then fel unconscious. rnircriliu leaned upon him, culling at the same time to the girl: "rind me a rope I I'll truss his hands while he's knocked out I" Anita leaped Into action, to kneel at rulrchlld's side a moment Inter with a hempen strand, ns he tied tho man's hands behind his bnelt. There was no need to worry about Hurry, m . . . . uiuucinK oui oi a corner or ins eye, raircnild saw now that the dig wmiisnmnn nnu Taylor Bill flat on his back nnd wns putting on the finish- ing touches. And then suddenly the exultant yells changed to ones of com mand. "Talk English I Tnlk English, you bloody blighter I Tulk English I 'Ear me I'll knock the bloody VII nut of you If you don't Tnlk English like this: Throw up your 'nnrtsl' 'Ear meV Anltn swerved swiftly and went to her feet Harry looked up at her wildly, his mustnehc bristling like the spines of a porcupine. "Did you 'ear 'Irn sye ItT" he asked. "No? 8ye It again I" kill you. 'Oucst I 'nve. And I'll do It too -unles you start talking. I might ns welt 'Mil you us not. It's t penitentiary olTousu to 'It n limn un derground mites there's n good rea son. .So I'm ready to go the 'olo route. So tell It tell It mid lie quick ulmtit It. Toll It wasn't you lilmr "lllni who" tho volco was wenfc, frightened, "You know 'oo tho night of tho Old Times dniicol Didn't you pull that 'old-upr There was n long silence. Finally: "Where's Ilodnlnn?" "In Center City." It wits Anltn who spoke. "He's getting ready to run away mid leave you two to stand thu brunt of all this trouble." Again it silence. And ngulii Hurry's volco: "Tell It. Wasn't you the muni" Once more n long wait. Finally: "Whnt do I get for Itl" Falrchlld move-it to the man's side. "My promise nnd my partner's promise that if you toll the whole truth, we'll do what ne can to get you lenloncy. So toll tho truth; weren't you the man who hold up tho Old Times tinned" Taylor Hill's hrcnth traveled slow ly past his bruised lips. "ltodatnu gnve mo a hundred dol lars to pull It," emtio thirdly. 'And you stole the horse nnd every thing" "And enched tho stuff by tlio Blue Poppy, so's I'd get tho blame)" Ihirrv wiggled his mustache fiercely. "Tell It or I'll pound your 'cud Into a Jelly I" "Thnt's about the size of It." But Falrchlld was tlshlng In his pockets for pencil nnd paper, finally to bring them forth. "Not that we doubt your elnrorltyt Bill." he said snrcnstlcnlly, "hut I think things would be n bit ouster If you'd Just write It out. Let him up. Hurry." The hlg Cornlshniitn obeyed grudg ingly. "Muku hit fulsome, Bill tell Just 'ow you did Itl" And Taylor Bill, bloody, eye blnck. lips bruised, obeyed. Fnlrchlld took the bescrnwlcd paper and wrote his nnme as a witness, then handed It to Harry nnd Anltn for their signature. At lust, hu placed It In his pocket and faced the dolorous hlgh-Jacker. "What else do you know, Bill" "About what? Ilodnlno? Nothing except that wo were In cahoots on this cross-cut. There Isn't any use denying It" there hud come to tha surface the Inherent honor thnt is In every metal miner, a stalwiirtiicss that may lie dormant, but that, sooner or Inter, must rise. There Is somi thing about taking wculth from thu earth that Is clean. There Ir some thing about It which seems honest In Its very nature, something that build big men In stature and In ruggodncs, and It builds an honor which flu lit against any attempt to thwart It. Taylor BUI was finding thut honor now. He seemed to straighten. Ills teeth hit at his swollen, bruised Up. He turned and faced the three per sons before him. Take me down to the sheriffs office," he commanded. "I'll tell every thing. I don't know so awful much ho "It ngo where ho could wnfeh Did failing hlnek smudge of Mm liorsti ami rldor as It wont on mid mi along I tit rocky roml, iimilly to roach tho main thnr- ouKlifnro mid turn swiftly, Then wont buck to Join the others. "IIo'n taken tho Center City roml I emtio his umtotmcvmcitt. "In thorn turn-oiT on It anywhere" "No." Anita gave the mum or. goes straight through hut Im'll tmv a hunt ttmo making It there In thl blizzard. If wo only had horses t" "They wouldn't ilo uh much good now I Cllnili on my back. Vein on handle these two men alouol" Till to his partner. The Cornlshimin grunt ed. "Yes, They won't start anything Why" "I'm going to take Ml. ltlchmon nnd hurry tihoud to tho sheriff's otllce, llo might not botlovo mo. Hut ho'll take her word nnd that'll lie NUlllclout until you get there with tho primmer. I've got to porHiiado htm to telephone to Center City mid head oft tho Ho- daliieNl" (To ilo Continued.) BEFORE LIFE WAS COMPLEX Prthlitorlc Woman Whoie Remains Hav Juit Dean found Mad Com psratlvoly PUeld Existence. Bonos of it prehistoric woimin, ho- lluved to liiivo been a troo-cllmher, have been found In tho I us I of tho Itlver Cam, and uru being submitted to expert opinion In limloii, llngliiud The hones wore brought to tho Mir- face by it dredger within it quarter of a mile of the famous l-Ynlutid Inn, "Tim Five Miles From Any where; No Hurry I" Tho wholo district Is onu vast for est of buried oaks, which wero In ex istence many thouiands of years ago, before tlie Fen wuro formed, mid It Is hoped to recover thu complete skel eton. 'The find Is a tnoit Interesting one, suld a Fellow of thu ltoyal society. "The leg bones are undoubtedly those of n woman, but they uru of ixtruordlnury conformation. "Whoever sho wus, she had a pretty foot. "If alive today, she would hu n short. deep-chested creature, covered with hair, and with long, ape-like arms nnd prehensile toes. "Her home would ba s rudely built platform of stick, with n family like ness to a glorified crow s nest. From this, excursions would be tnsdo among the tree tops, she nnd her mute swing ing thrmlveit, monkey-fashion, from bough to bough. "When on the ground, her gait would be that of a monkey, with the arms swinging to the knees." EXAMPLE OF FOOL PARENTS Onlookers Doubtless Would Have Said the "Twig" Might Have Been "Dent" to Advantage. That's Maurleel I Cot j Glimpse of His Face!" "Throw up your 'amis!" came the answer of the beaten man on the ground. Anltu ran forward. "It's a good deal like It," she answered. "But the tone was Wither." "Italse your tone I" commanded Harry, while Falrchlld, finishing his jou or tying nis defeated opponent. rose, staring lu wonderment. Then the answer came: Thut's It that's it. It sounded Just like It!" And Falrchlld remembered too the English accent of the highwayman on 'fie night of tho Old Times dance. Harry seemed to bounce on the pros trate form of Ids ancient enemy. "UUI," lie shouted, "I've got you on your back. And I've got a right to because I ain't tried to lenrn nny. thing more than I could help. Hut I'll give up everything I've got." And how about him?" Falrchlld pointed to Bllndeye, Just regaining consciousness. Tuylor Hill nodded. "Ho'll tell ho'll have to." They trussed the hlg miner then, and dragging Bozeman to his feet, started out of the cross-rut with them, Hur ry's carbide pointing the way through the blind door and Into the main tun nel. Then they halted to bundle themselves tighter ngalnst the cold blast thut wns coming from without. On to the mouth of thu mine. Then they stopped short A figure showed in tho dnrknos, on horseback. An electric flashlight. suddenly flared ugalnst the gleam of the carbide. An exclamation, an ex cited command to the horse, and the rider wheeled, rushing down tho moun tain side, urging his mount to dan gerous leaps, sending him plunging through drifts where a misstep might mean death, fleeing for the main road ngaln. Anita Richmond screamed: "Thnt's Maurice! I got a glimpse of his facol He's gotten nwuy go after him somebody go after hlinl" But It wns useless. Tho horseman had made tho road nnd was speeding down It. Hushing ahead of the oth ers, Falrchlld gained h nnlnt of vnn-1 "They" hoarded an outbound street car. "They" father and mother, mis takenly, unfairly adoring nnd old enough to ho wiser, and sturdy, hand some, udornble (at times) two-year-old son, wise beyond his years and beyond his parents. Not quite so adorable at this particular time, for he was screeching, yelling, howling, screaming, kicking nnd doing every thing else In his small hut mighty power to make known Ids wnntH and attuln his desire. His attention re fused to be distracted. Older people might lime envied 111 irt his power of concentration. "What do you want, darllngl Come on, let's huve a little lunch. Oh, look at the pretty light. Tell mother what sweetheart wants" repeated In tones of varying Invitation and hnpo fulness wero all In vain. "Darling sweetheart" refused to be diverted from his purpose or to voiiclisufu a single word of reply. After two blocks of this uninter rupted performance the small futility rose to leiivu tho ear, the mother ex plulnlng to an obviously curious be holder: "We have to got off. Hu won't ride In a street car. Ho must havo a tnxl." Last seen, adored and uilorlng wcru hiking up .Sixth avenue to n tuxl station, adored all smllu and sunshlno In his fii tiler's arms. Iteho both Sunday Herald. WORKMEN'S ACT CHANGE SOUGHT Introduction or Wailing Pe riod Most Desirable, Says R. 1). Moore Hr IJnltwl I'reistoTlie llcn.l hull. tin.) BALICM, Doc. 1. That cnrtiiln Ore linn luinlior Inturusts nro preparing for n fight against (tin workmen' cumpotisatlou act its It Is now tin tho atntutn hooks, was Ion rued horo to day. Tlioy want modification nnd it change to tho company sulf Insurance plan, It Is Intimated that thn next legis lature will ho torn by tho fight over tho new bill. It. 1), Mnore, assistant vlco presi dent of Tho Hhnvllit-Illxon Company, member (if n special commltlon of thu Western I'lno Manufacturer' as sociation appointed on this question, stated that practically thu only change now under couuldorntliiu to bo ask ml would ho tho Introduction of n waiting period, which would ro dtico tho number of trilling Injuries which now drnw compensation. Thn saving so effected, ho stated, could he used In lucrunsltig tho compensation In sorlous ensos. SCARLET FEVER ON WANE, IS INDICATED With four families released from quarantine last week, tha number quarantined for scarlet favor Is re duced to H. reports City Physician C. A. Fowler. No now casus hovn boon reported for soverol days. Fa llouts roloasod wero Joseph I.awtnti, Kd Bnrrott, William Hulllvan and Clnudo Watilchok. Ilullotln Want Ads bring results try them. I'llOFKSHIONAI, AND IIUHINK88 OIHKCTOItY PHONE 14 J Lcc Thomas, Architect nnd Hugh Thompson Deschutes Investment Building, Wall Street, nond, Oro, R. S. HAMILTON Attorney At Law riooms 13-10 First National Bank Bldg. To). 61 (Dr. Cot't I'ormtr Oflltt) II. C. ELLIS Attorney At Law United Htatrs ("ommlloiter First National Bank Building Bond, Oregon Versatile Cacao Tree. The mono tree Is an evergreen nnd hears fruit nnd (lowers nil the year round, hut thn usual times for gather. Ing the fruit nro June and December. Chocolate Is mndo from the seed or beans. When oil Is extracted It makes cocoa butter, and tho residue Is ground and marketed us cocoo. C. P. NISWONGER Undertaker, Licensed Kmhnlmcr, Fiinernl Director Lady Assistant I'hono C9-J Band, Oro. 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