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About The evening news. (Roseburg, Douglas County, Or.) 1909-1920 | View Entire Issue (May 24, 1911)
THE WEATHER LOCAL FORECAST Showers tonight and Thursday Will Unit The Kvtmintf Nuwa the best nuHllum to reach th peuiileof H4)MburB. A wide a-wake publication prlntlDV all the nowa that'aflt to print l A. 1 -v VOL. II. KOSEBUKG, DOUGLAS COUNTY. OKEGOX. WKDXKSOAY, MAY 21, 1011. No. 1TO 4" MXLALLEN CASE . Task of Selecting a Jury Proyes An Arduous One. MANY ARE EXCUSED FROM JURY lt-t'ttular Jury I'ani'l Fxlmusted Knrly Xotlay Special Venire of Twelve Men Also Fails to Provide Jury Attorneys Active Surrounded by an array of counsel, including some of the most exper ienced and skilled attorneys in ! Southern Oregon, Roy McCiallen, a local abstractor, native of Douglas county, and brother of ex-Sheriff H. T. McCiallen is today on trial be fore Judge Coke In the circuit court on a charge of murder in tne sec ond degree in connection with the death of Benjamin A. .Malum, a tormer Roseburg plumber. The crime for which McChillen was in dicted by the grand jury in recent session, occurred at a point almost directly in front of the Roseburg Water and Light Co.'s office, on North Jackson street, on the evening Ait Monday, March 13, and was wit nessed by quite a number of persons, a majority of whom were returning to their homes after witnessing the presentation of the Elks' minstrels. The array of attorneys participat ing in the trial occupy seats near the jury box, as does Hoy McCiallen, the accused; H. T. McCiallen, a brother, and Mrs. F. H. McCord. of Portland, a sister of the murdered man. Included among the lawyers representing MtiClallen lire Attor neys W. V. Cardwell and J. O. Wat son, of Hoseburg, and Charles Mc Knlght, of Marshiield. The prosecu tion is being conducted by District Attorney George M. Brown, assisted bv bis law partner. Attorney B. L. Eddy. Many Talesmen Keucd. The drawing of a jury or twelve men. in whose hands the defendant must necessarily risk his liberty, was commenced shortly ATI or 9 o'clock this morning, and at noon the regular jury panel was exhaust ed. In all, 21 talesmen responded to tho call of the clerk, eight of whom were passed subject to pre einptory challenge at the hands of either the attorneys for the state or defense. Nino prospective jurymen were excused for cause, based upon the challenge of Attorney Cardwell, for the defense, who contended that thev possessed an opinion as to the guilty or innocence of the accused.' Of the total or 1 talesmen, three are yet to be examined by the at torneys. Attorney V. V. Cardwell. chief counsel for the defendant, interro-, gated each talesman at length, and ; not until he was fully sutislied that j the person questioned was tree from, an opinion, bias or prejudice in the; case, did he consent to rolniin from1 subnuitfng a challenge. Each and every matt interrogated was asked , relat ive to bis place of residence, 1 the length of the time he had rosid-. td in Douglas county, his telution hip with defendant, whether or not ho had discussed the case with per sons purporting to be in possession of the facts, and most particular ot all, whether or not they had read accounts of the affair in the local newspapers. In some instances At torney Cardwell even went so far as to ask whether or not the tales man believed in the law of self de fense, and whether or not be believ ed a man had the right to detend himself at a time when he feared his life in danger. Attorney Cardwell also interrogated the several tales men examined relative to whether or not trv believed in compromh-e ver dicts. in illustration Mr. Cardwell said: "In event you believe 1 this d fend:nit innocent, and other persons on t his jury believed hi in guilty of murder in the second debtee -would you compromise and rt irn a ver dict of guilty In a lesser degree?" in eerv instance tne persons inter rogated declared that thev were op. poved to compromise verdicts, and in the event they deemed a person in Our Hair Goods Week OwinK to special discounts from our factory for one week, we will uote the following prices in jjood quality, wavy human hair: sWIil lll S j hi. he at K 7".; 2 I lM re at ? :i , in he at ir-'ii-- at i I .!.. iui be at $1J 7".. Tli'-v are tMiiuli-. PI f I S fv,.m f l to $ . I,, t us S-fciiw on I !,. : t-f. thirds in ptl ft-. Tt ;i fiiri:i:i! ion J'.7.' to jr,.nt. Hair Goods, Millinery, Neckwear and Toilet Articles 'Roseburg Beauty Parlors nocent so would they vole to the last. District Attorney " George M. Brown, who interrogated the wit nesses upon behalf of the state, sim ply asked whether or not the per son questioned was biased or preju diced in the case at issue, and wheth er or not he could give the defendant i fair and Impartial trial basing . erdlet upon the evidence as ad duced during the trial and tho law as laid down by the court. The district attorney failed to challenge a talesman during the morning ses sion. Among Those Excused. As above stated nine of the pros pective jurymen were excused dur ing the morning session as follows: T. Harvey T. K. Harvey, a farmer who resides near Oakland, said that he had read of the case and consequently had formed an opinion as to the guilt or innocence of defendant. Mr. Harvey was excus ed by the court. W. It. Vinson W. R. Vinson, of Coles Valley, said that he was well acquainted with the defendant, and that he had discussed the affair con siderable during the past month. When asked whether or not he had formed an opinion Mr. Vinson said that be had, and that the said opin ion was a fixed one. Upon the chal lenge of Attorney Cardwell, Mr. Vin son was excused by the court. S. M. Pardee S. M. Pardee, a Cauyonville farmer, said that he had read accounts of the affair in the Roseburg papers, and that he had also discussed Iho circumstance'? surrounding the case in a general manner. In answer to a direct question as to whether he had form ed an opinion relative to the guilt or innocence of the defendant, Mr. Pardee said that he had. Further interrogation upon the part of coun sel for the defense brought out the fact that the opinion possessed by Mr. Pardee was a fixed one and that some evidence might be required to remove it. Upon challenge of At torney Cardwell Mr. Pardee was ex cused. Sam Jones Sam Jones, of Drain, said that he had read of the affair in the papers, and further that he had discussed it with neighbors and friends. He declared that he pos sessed an opinion as to the guilt or innocence of the defendant, and consequently would be unable to go into the jury box free from bias or prejudice. lie was excused by the court upon challengo of Attorney Cardwell. V. Bounds V. Bounds, of Ruck les, said that ho was a reader of the Hoseburg newspapers, and that he had read tho accounts of the af fair leading up to the case at issue. He said that he had also discussed tho, ease with friends, and possessed a fixed opinion. Upon challenge of ttorney Cardwell. Mr. Bounds was excused by the court. I toy Fisher Hoy Fisher, of ivell ogg. said that he bad not only read of the affair, but bad also discussed it at some length with friends am! neighbors. Mr. Fisher said that he possessed an opinion as to the guilt or innocence of the defendant, and consequently could not go into the jun box free from bias or prejudice. .Mr. Fisher was excused upon the challenge of Attorney Cardwell. John Dowell John Do well. of Hoseburg. said that be bad been in town almost continuously since the alleged crime was committed (t'.nd had discussed it frequently. Mr. I owt'll said that he possessed an opinion as to the guilt or inno cence of the accused at this time, and therefore was not qualified to serve as a juror. Mr. Dowell was excused. J. B. Cloytoii .1. H. Clayton, of MiUwood. said that he bad read of the case; bail discussed it with neighbors and consequently had an opinion as to the guilt or innocence of the defendant. Mr. Clayton was excused by the court upon challenge of Attorney Cardwell. F.ugciie Ollivitnt Eugene Dill v;int. of OlaUa. said that he had formed aijf o pinion regarding the guilt or innocence of the defendant from what he had read In the news-pa'i'T-?. lie was excused without prolonged questioning upon the chal l"ime for t he defense. F. F. Well- F. F. Wells, of F.lk- ton. s!d that he had been acquaint d with Mc ClalU n for many yen is. lie also said that he had read con siderable i fiiiirding the case at is sue, and was in possession of nil ixcidknts attkxdaxt to The crime for which Hoy McCiallen, a local abstractor, and brother of H. T. McCiallen, ex-sheriff of Douglas county, was placed on trial in the circuit court this morning, is stilt fresh In the minds of the people of Hoseburg and Douglas county. Notwith standing, however, The News feels justified in reciting the inci dents attendant thereto in order that tho readers may become better versed in the case and thus be In a position to follow the trial more Intelligently than otherwise. According to the best reports assembled on the day following the murder, Roy McCiallen and Miss Speicher, of Edenbower, had attended the presentation of the Klks' Minstrels, and were en route home (a few minutes past 11 o'clock on the night of March 13) when they were observed by Malum, who chanced to stand near the outer curb in front of the Palace theatre, Muhnn detected the couple almost instantly, and for some reason i either out of curiosity or for the purpose of conversing with the couple) he followed them to a point almost directly in front of the local water and light office. At that point he was seen to increase bis step, and a moment later, it Is alleged that he accosted McCiallen. Whether any words were exchanged is unknown, further than the mere contention of one of the witnesses at tho coroner's inquest who said that he heard Mahan say something, the exact nature of which he was unable to recall. Mahan and McCiallen had hardly met, according to the reports, when Mahan was seen to retreat a few steps. An instant later, it is alleged, McCiallen whipped from bis pocket a revolver and commenced to shoot. Four shots were fired, all of which took ef fect. From the condition of the wounds disclosed by the exam ining physicians immediately following the tragedy, it is presum ed that the first bullet entered the back of Ma ban's hand, plough ing its way through the fleshy part of the member and dislodged through the palm of the band. The second bullet is supposed to have pierced the bicepta of the right arm and lodged deep in the muscles. With the firing of tho third shot it Is contended that Mahan attempted to turn partly around as the bullet simply grazed the chest without inflicting serious injury. That the fourth shot fired was responsible for Mahau's death Is the belief of the physi cians, who allege that tho bullet entered the victim's body at a point almost directly below the right shoulder, ploughed ils way in a trinngular course and severed the Jugular vein near its junc tion with tho heart. That Mahan was standing with his back to McCinllen at that time was indicatedby the condition of the wound. Standing in the street as be received the fatal wound, Mahan uttered a faint cry and staggeied hack a distance of about fif teen feet and fell to the sidewalk mortally wounded. Attracted by the report of the. revolver, pedestrians rushed to the Injured man's assistance and medical aid was summoned. Mayor Fred Hay lies, who was returning Ik me after attending the minstrels, was one of the first to arrive at the scene of the shooting. Noticing the man's condition, Mr. Haynes raised his head, but without avail, he sank into death's sleep almost immediately and died before medical assistance arrived. That death was almost instantaneous is the belief of the attending physicians, who contended at tho time, that the fatal bullet pierced the heart iti such a manner as to prevent Its action. Within 9, few minutes after the enaction of the tragedy fully R00 people congregated around the body, nnd it was not until about thirty minutes later that Coroner .lewett arrived and ordered the remains removed to the niorctie. An examination of tho dead man's effects revealed tht fact that he was In possession of a caiibre Coifs automatic revolver, tho same being found by Sheriff Quine shortly after the trngedy occurred. The revolver was di cov ered concealed in the dead man's hip pocket, and in the chamber were found four shells. Immediately following the shooting McCiallen was arrested by Sheriff Quine, and later in the evening was locked In the county jail where he remained for two days, when he was arraigned in the justice court on a charge of murder and held to appear be fore the grand jury under bonds in the sum of $7,500. His arraign ment in court followed tho verdict returned by the coroner's jury in which It was held that McCiallen had a right, to fear that his life was in danger but that he had no right to fire the fourth and last shot which was responsible for Mahau's death. The bonds were furnished readily, and McCiallen resumed his labors. A week ago tho affair was placed in the hands of the grand Jury for Douglas county for investigation, and after nearly two days of diligent labor the body returned Into court an Indictment charg ing McCiallen with the crime of murder in the second degree. Following the return of the Indictment. McClallejt entered a plea of "not guilty", and thereby denied the several allegations con tained in the Indictment. Never has there been a casj in the criminal annals of Douglas county that has incited more interest than the one at issue. Mc Ciallen has lived here almost since boyhood, and Is a member of one of Douglas county's pioneer families. Mahan, I he victim of the tragedy, was also well known in Hoseburg where he conduct ed a plumbing establishment for nearly three years ,prior to his death. He was of a quiet and unassuming nature, and was high ly respected. Kach man had his many friends, and the outcome of the trial is being watched with more than ordinary Interest, opinion relative to the guilt or In-, nocence of the defendant at :thls time. He was excused by the court' upon cnallenge of Attorney Card- well. Kigbt ro Passed. j A. (1. Clark, of C.lendale; S. D. i Evans, of Coles Valley; J. H. Mara-. ters. of Floumoy Valley; L. S. Coon, of Dillard; H. J. Rovlniiion. of Oak-, land; Hoy driggs, of (omstoik; .1. I. C.illiam, of Deer Creek and T. O. .folnis, of Olendale, were among thos' "passed"' by the attorneys during the morning session. Th'se gentlemen declared that they had read of the case, but that lle-y had formed no opinion ns to the guiit or Innocence, of the defendant and consequently were In a position to enter the jury box and give the ac cused a fair and Impartial trial. Instruction of Court. With Hie regular Jury panel ex hausted just prior to the noon hour, ludge Coke instructed Sheriff (ieo, Quine to summon a special venire of twelve men to appear at (clock. I'pon request of Attorneys C;trd well and McKnlght. Judge Coke -vimm! an ortb-r placing the jury under 'he direct, supervision of the batiff. In accord. tnce with this ord'-r. t;tb neii paed or accepted a: jurwuen hy the ii'tornys will In rornpHb'd u purtake of their ineuls and !( ip t gu.ird of the baliff, and ut.iier io conditlor;-. will they Id allowed o j-. prirate. J u dire Cnk also tu ;t rin in tho jurvrnen thai they wo-;M not he altowed to read tV-T--u-:-;ipers during the trial, reirard- i-i of their d'-slres in the matter. 'I be Afternoon Sesnil. fViit-t reconvened after the noon ;.d:-'i:irnm'tt at 1 : '.'.() n't loi k Hi ' ' " : !;f I'!! V.'!t!) H h:-eri;ll Vftl'f' if t,i!-';-l!ien present A 1 1; n v; ,.-,r.p..T "-,;,m, the affef'i'iori ;m pr:r (!! ci.-p-mned in He v ;r, In ' nf pro" peri ', y r HH n ;it (! t--i)t Tin.-! i,? rt ti, ;t '. I,. Hamilton C. 1,. Hamilton. : rear okfa'id. w-i : - t .!'-'! ?rt ev;irii 'n-d dur ifrf ' ,!'" " - en . ion Vr. Il.i: ,ir'-.r mirdkr of u. a. marax. raid that he had read a number of newspaper articles regarding the af fair, and possessed a so-called tem porary opinion. He denied .that his opinion was of a "fixed"- nature, and thought he would be able to give the defendant a fair and impartial trial, and base a verdict upon the evidence as adduced during the trial and the law as laid dovn by the court. Mr. Hamilton said he was j believer in the law of self defense, and ttioui:lit a man had the light to defend himself even to the extent oT taking human life'. The jut or was pa-ed. Fdgar Walker Kdgar Walker, of ! Dillard. nU that he- hai) lived In : Douglas county for over r,o years and whs acquainted with .MrClnllon'ft brother. II. T. McCiallen. Mr. Wal ker Dirt her said that he had read considerable regarding the affair in the local newspapers, but. had form ed no opinion relative to t lie guilt or )n nocence of the defendant. I n response to hit erroita I ion at the hands of Attorney O'urdwell, Mr, Walker said that he belleveil In tne la w of self defense, and was eiri pfiatjeally opposed to the Ho-calb'd compromise verdict. 4. In answer io quest inns propounded bv the district attorney. Mr. Walker said he would give the defendant a fair and Impar tial trhil, ami would b guided sole iv bv the evideiic addu-d .during the trial and tie lew as given by the court. The furor was p:i--j-d, .r. i:. Medley J. K. Me.lp.y, of Oakland, said that he m awav from hone at the time the trged nr-citrre-i, and i 'ine'i-jenMy had r:d ICtle con-"rnimr it in Ute local pap yri. M r. M"d!ey admitted that he v. ti "intain'ed with 1 o h McCiallen -i'td Mahan but wan rn ph.: ! !e In hi1 '-'rt:' n !h M sui h acqua intern -hi t nn.Id !i iv no weight, what evr. In influencing a v-rdht, cither for or fu'iirr-.t the d--nd:mt. Mr. M. -S;"V ;.;.'d M'.at. ho h'!:eve, . -lV f.f f d"!. ri-e. and considered i ! r-on had a h ;r al and mor al rkv t to d 'end blnudf tri the e-ent h" feared hi-t llf" in dairyr. :;'V.-rm !' remarked th ? m :i ; o; :-"f.-d io ; o-r ailed compro- 1 n' ini.wi from I'atft? REBS RESTLESS Carry Large Quantity Amuni tion Outbreak Probable. MADERO'S TROUBLES INCREASE Japan Wilt Prohuhry Hold the New Administration Responsible for Massacre of Its Sub jects all Torveon. ( Special to Tho Kvening News.) F.L PASO. May 24. Reports that American intervention Is near as a result of tho massacre of Chinese and .la ps at Torreon a few days ago by Mexican Insurgents, are greatly Increasing the dilUeulties of Madero In bringing about peace and quiet. Insurrectos around Juarez are now carrying thrice Iho usual amount of ammunition and appear very restless. An outbreak is fear- j ed at any time us the rebels are ; tiring of Madero's Inactivity and in- i ability to get the government into i his hands at once. Army officers are of the opinion that Japan will demand intervention If It is shown that any Japs were killed at Tor reon. It Is pointed out that Do La Hurro and Madero, If they should as sume control cf (he government, will be responsible for all rebel acts, des pite tho fact that don era I Flguero a n d his i '.t .000 m en a re opera ting Independently, nnd that thero are a number of independent rebel bands in lowor California and several other Mexican states. Wilson In Miniiesotji, MINNEAPOLIS. May 21. -Governor Wilson, of New Jersey, arrived here today and was met nt the depot by a reception commit lee and con ducted to the pu hi icily club rooms whwere he made an address to the business men assembled at noon. Harrow Taken Charge. SAN FHANCISCC), May 21. Clar ence Harrow, chief counsel for the McNamara boys, arrived here last night from Chicago and will . leave this evening for Dos Angeles. Dur ing the day he held a number of conferences with labor leaders In San Francisco, 'oufesslou Improbable, I .OS ANCKLKS, May 21. When the grand jury met today Hert Con nors, who It is alleged plotted with J. Parks to blow up Iho hall of rec ords building was again the witness occupying tho stand. Despite the fact t hat It was unofficially slated that Connors had confessed to the crime. Implicating Parks as a con federate, no official confirmation of the fad could be secured. For this reason the belief Is general that no confession has been made by Con no nt. Pence Conference. DAK IS MOHONK, May 24. Nich olas M array Hut ler, of Columbia Cn iversliy. was today re-elected president of the Lake Mohonk. New York, conference for the promotion of international a rbli rat ion. At I lie opening session Mr. Hutler declared that the Culled States Senate will probably ratify tho Anglo-A merlcan a rb It ration t reaty. On nut ho tit y of Secretary of Stale Knox Mr. Hutler announced also t hat t he proposed Intermit ional court of a rb II rat Ion of justice would soon bo established nt Farce in UNDKK jOld District School Christian Church Choir Two Hours of Roaring Fun Come anil Sec the Rendered at the Church on Pine Street Thursday Night, May 25 ADMISSION' 25 CENTS I The Hague. He stated that th question of disarmament will be Im possible until all nations subscribe to the doctrine that private property shall ba exempt from capture at sea during war. CALIFORNIA XKJHT. The state of California will bo wonderfully portrayed In words and pictures aC the Palace thoatre to night by Mario Alice Perrln in her illustrated travel talk from 8an Diego northward through all of tho cities in California and winding up at Mount Shasta. All of this In ad- ' dition to the regular show at the Palace, consisting of three roela of latest licensed pictures. Tho school board expressly thanked Miss Por rln for her beautiful renditions last evening. I liFHiHT ItKDUCTIOV. The hollowing Reduced Rates are Announced. On ce:ment from Davenport, Oak land Whf. Oakland. Cnl., San Fran cisco; reduced from 41Mjc to 28 3-4c. From 'i olenas, Port Costa, Napa .let n, Hay point; reduced from 32 o to 2 tie. There has been no competitive or other conditions goverulug this re duction t.imply a desire on tho part of the company to bo of assistance In tho upbuilding of tho territory, to assist communities that aro paving nnd also for building purposes. These rates will go Into effect Juno 25. Did You Ever Stop To Think That tho Cost of fine writing paper In not much moro than what you pay for tho ordinary quality? Think of the satisfaction to one's self and to tho recipient cf a nolo or Letter on paper of good quality. The Roseburg Book Store Sells the Rest writing papers at lowest prices. Headquarters for Fountain Pens School Supplies Office Supplies. ROSF.Hl'HO, ORKtJOV. Two Acts AUSI'ICKS Spanking Machine