Roseburg news-review., September 01, 1921, Page 1, Image 1

MEWSME
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I . V TTi V 1 "ul.lk- Audltertuai f I
7
la Which is Included Th Evening Nwt and Th Roseburg Reri
VOL. X. XO. 80S OF THE EVKSISQ NEWS.
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nFFENSE ATTORNEYS FILE
AFFIDAVIT OF PREJUDIC
REMOVING JUDGE HAMILTON
IC
IL
Motion to Quash Indictment Was Overruled Krumfield Leaps
to Feet and Shouts His Plea In A Defiant MannerrCourt
room Was Crowded to Capacity Early In Aftertnoon
"Not guilty," shouted Dr.imer and Deputy Hopkins en
Richard M. Brumfield, in tones t tered the jail and unlocked the
filled with venom, when he was cell door, Brumtiem was stand
mmmanded by judge i. w
Hamilton this afternoon to en
ter his plea in answer to the in
dictment charging him with
murder in the first degree. The
courtroom was crowded to ca
pacity and the aisles were
jammed with spectators who
were unable to obtain seats.
Attorneys Rice and Orcutt
Sled an affidavit of prejudice
and a motion to quash the in
dictment. Judge Hamilton ruled
on both motions after they had
been read to him by Attorney
lice. .
The affidavit of-- prejudicer
ing ready to be taken to the
court room. He presented the
same dapper appearance as
when he was arraigned yester
day and if he felt his blood rush
through his veins a little faster,
his appearance In no way indi
cated such.
As he emerged from the jail
into the sunlight, he squinted
i i i i i i
ms eyes ana iooku arvuuu. , ftn affidavit of prejudice and
wver a nunareu iup uau wa3 told to ,t to tne court
congregated near the sidewalk Th affidavit which fniinws.
leading from the Jail to the
courthouse. He gave the crowd articles concerning the murder
oniv a Dassinir nance ana save aaA as Thn rhiof ronsnn fnr fit.
T. .hm.,, .. f nn mriinn . - . - .... - - -
mo ii u no sicm or recosmuinir any oi v j. ,h affidavit
charjing that Judge Hamilton his townspe0pie. As he walked! TEXT OF A
w cjuun-cu in : v .aionjr the sidewalk Detween tne
hush
premier appearance before a
nometown audience. :
The door to the court room
swung back. The large ..crowd
within, which had been anxious
ly awaiting the star actor of the
big show, could be heard talk
ing. As Brumfield passed thru
the door to the Interior of the
courtroom, all talking ceased.
The curtain was about to go up
but the only overture was the
arranging or chairs by the
bailiff to accommodate the pris
oner and his attendants.
Brumfield walked steadily to
his chair and nodded to Attor
neys Rice and Orcutt
. He did not turn his head in
the direction of his audience but
on the contrary tilted it a little
in the direction of the judge's
bench
Judge J. W. Hamilton walked
from his room to the bench and
the court was called to order.
ASKS FOR PLEA.
Without a moment's hesita
tion. the judge said: "The pris
oner will arise - and enter his
plea to this indictment.'
Brumfield jumped to his feet,
'quickly followed by Attorney
I Rice. The attorney spoke up
and Brumfield sat down.
! MAKES AFFIDAVIT
Attorney Kiee then presented
asking that another judge be ap
pointed to hear the trial, was
panted and Judge Hamilton an
nounced that he would secure a
new presiding official as soon as
possible
The motion to quash the in
dictment was denied, by the
judge.
Attorneys Rice and Orcutt
pve notice that they would file
a motion for change of venue
when court reconvened under a
new presiding judge. The date
haa not yet been set, but it is
not believed that a new judge
will be secured before late next
week.
At 1:55 p. m. Sheriff Sjar-
shenff and his deputy a
fell over the crowd and only the
scraping feet of the trio could be
heard.
Through the tax office to the
stairs he was escorted.
As he started to ascend the
staircase, he turned to Deputy
Hopkins and wrinkled his mouth
in a peculiar smile. He said:
"They've got quite" a crowd,
haven't they?" Hopkins nod
ded, "yes."
Just before he entered the
courtroom Brumfield brushed
his hair back with his hand, ar
ranged his tie and adjusted his
coat. He was now teady for his
Will Dr. Brumfield Stick
to His Lapse of Memory"
Plea or Attempt "Insanity"
ni Dr. Richard M. Brumfield be
Me to make bit "lapse of memory"
Hm Mick through the trial?
Some opine that he will watch the
' 'w days of the trial to ee
aether or not be la able to "put it
"f ' and then rhanaii hnxk In the
"iuanlty." Which wan nanH lha .!. muIImI an . nl aouthera
h W held tn the Calgary jalL I Oregon also may be called Into the
Should hi, ... ... ..I .. , J -. ,1 nMU..nM
Houae. also a apeclallst in mental
affliction. Dr. House examined the
dentist while ha was in Portland, en
route to Roseburg from Calgary,
Alberta, but aa yet bis report has not
been made nublic. Dr. ueorge n.
Houck. Roseburg ' physician, and
0W that the defendant aa tint tn
"r wr responsible for the crime
Jfon of loss of memory, tt Is
r probable that Brumfield will
ever take the witness stand.
t . u rt eneral'r admitted here
Ml the testimony produced before
JUL4 lurr wal Provide a legal
"r ""t easily combatted by the
LI'?- ,aer l ausplcicn prevall-
"V last ""e a-.torncyi for Dr. Brum
l""l are fully aim to the situation
"""r spring a sensation at the
Wrtu Um, Frfenda of Dr.
mfleld h,ve ,hat Buffered
T of n euory while a student In
l-ZJV 1 that his recent alleged
h i?. ""'P-l'stlon" Is not new.
J sot In.pouible. these men said.
STJJ'icln ""I be brought from
? ,0 "lfy to this end.
tu .w " Kowlp here that
wtense has engaged Dr. Willlam-
WhV ,C ,lc,l,t of Portland.
ssTI.v '""d to "tmine and
f! "r oe called to
Dr. A. P suth.. .
ZiZu.,"?nT Phrlclan' for the
w;eid9. also m-, s. ..iti .
I ifZHX ,t,'"ir for the-doctor.
Boa .i. mrmifnea lenu
I '-he state h k.
. ,w;ni J 1 .
la the words of one man closely
in touch with the Brumfield case
the state apparently has made bo ef
fort to conceal Its testimony. The
defense on the other hand has re
fused to utter word for publication
The silence of the dentist s attorneys
has led many to believe that tne
trial, when called, will not be shorn
of legal sensations.
The so-called motlre for the mur
der. If It was committed by Dr.
Ilnimfleld. la now a secondary con
sideratlon as far artbe prosecuting
officers are ronco fried. While It Is
true that establishing a moUve would
add strength to the case It Is sot an
ImDerative leral reaulrement that
any reason for the crime shall be
nroduced. Attorneys conneciea who
the ease sid tonight that the chief
goal of the prosecution would be to
eUMtsh beyond a doubt the Identity
of Dentils Russell, that he was killed
by Dr. Brumfield and that there was
premeditation. Thus the inotlT Is
only casual and la not essential In
gaining conviction.
Hug Whipple, of Drala. arrived
here this morning to spend eereral
week! visiting with relatlree.
Myrtle Creek Pion
eer Passes Away
Mrs. W. T. Willis, a well known
pioneer resident of Myrtle Creek.
passed away In Portland, Oregon,
yesterday morning. - She left Myrtle
Creek for Portland two wks ago to
vtal, fnw a timA with her dntie-hti.r
Mrs. P. V. Forbes. She was not welf
at that time, aud it was thought that
the change would be beneficial but
death came yesterday while visiting
with her- daughter.
The deceased was 65 years of age
and had lived at Myrtle Creek for
the past t& years. She was born In
Douglas county and spent aU of her
life here. She was widow, her
husband having passed away alx
months ago at Myrtle Creek. Eight
nuarea survive: Mrs. r. u.
Forties of Portland, Mies Mable Wil
lis, of Portland, Mrs. Maude Miller,
jf Oakland. Calif.. James Willis of
Raymond. Wash., Frank Willis of
Oakland, Calif., Jack Willis of Hal
inns, Calif., and Will Willis of Can
vonvllle. The body will arrive In
Myrtle Creek Saturday night. Mrs
Forbes will accompany the body to
'his city. The funeral services will
be held Sunday afternoon at Myrtle
Creek at 2 o'clock with Rev. Woods
officiating. Interment will take
place in the Myrtle Creek cemetery.
Canadian Importer
Found With Crew
SEATTLE, Wash.. Sept. 1 The
missing freighter, Canadian Import
er, with her crew la safe, the Cana
dan Observer havng discovered the
drifting vessel at 10:30 last night
about GOO miles west pf San Fran
cisco. No trace of the missing boat
with two officers and nine men has
been found. The Canadian Importer
drifted 60 miles south and five
miles west oi wnere the steamship
Cordova lost saw her. The Observer
has a line on the boat and is towing
her to Vancouver. The Canadian
Winner and tug Algerine, are speed
ing to her assistance. The cutter,
Snohomish, was compelled to put In
to Eureka for coal, but will con
tlnue the search for the missing life
boat, containing two officers and
nine men.
THIRTY MINERS KILLED 111
BLAIR MOUNTAIN DISTRICT
YESTERDAY-BATTLE RESUMED
Sympathy Stunt ,
Doesnyt"(jetOver'
AFFIDAVIT.
The affidavit of prejudice ask
ing the removal of Judge Ham
1lton as the trial judge in the
murder case, and which was al
lowed, reads as follows :
"Comes now the above named
defendant, Richard M.s Brum
field, by his attorneys, Rice &
Orcutt. and moves the court for
an order calling in some judge
other than the Hon. J. W. Ham
ilton to try the above entitled
action, arid to hear and dispose
of all motions and proceedings
therein, for the reason that the
said J. VV. Hamilton is preju
diced against the defendant in
this action.
"This motion is based upon
the affidavit of the defendant
hereto attached and made part
of this motion.
"RICE & ORCUTT,
"Attorneys for Defendant."
Following is the affidavit :
"I. Richard M. Brumfield, be
ing first duly sworn on oath de
pose and say:
"That I am the defendant in
the above entitled action.
"That I have only recently
been returned to Douglas coun
ty, Oregon. That since jny re
turn I have read in the. news-
naners and have been informed
of the accusations that are be-
inir made against me by the
citizens of Douglas county.
"That the newspapers pub
lished in Dousrlas county, and
particularly the newspaper pub
lished in Roseburg, since my
return has been filled with false
and scandalous matter con-
crnino- mv case and my person
al affairs, and I am advised
reading these news-
to Roseburg the ollicers h'aving
me in custody caused the Shasta
Limited train to be stopped at
Edenbower and I was brought
into Roseburg at night by auto
mobile secretly to prevent vio
lence being done me.
"That I am also advised and
believe that the- officials of
Douglas county, Oregon, are
prejudiced against "me, and the
officers have been criticized by
the public. press for the treat
ment accorded me since 1 nave
been confined in the jail in
Roseburg, all of which has cre
ated a strong prejudice and bias
against me, and I believe that
the Hon. J. W. Hamilton, Judge
of the above entitled court, has
been, and is, unconsciously af
fected by the public bias and
prejudice that is existing
against me, and that he has
made statements which indicate
a prejudice against me, and be
fore I was returned to the Unit
ed States had called a special
term of court for the purpose of
trying my case
"The affiant therefore says
that the said Hon.. J. W. Hamil
ton is prejudiced against me,
and I believe that I cannot have
a fair and impartial trial before
said judge, and 1 desire to nave
my attorneys file a motion for
change of venue, and I do not
believe I can secure a fair and
impartial hearing tjn sucn mo
tion before said judge, and
therefore your affiant retjuests
that his case, and all motions
and proceedings therei.i be
hnrrl before some other judge.
and -the chief justice of the su-
nremo court be requeue-, to
tend a judge to hear all motions
and proceedings in the above
entitled action ana to try tne
eame.
"RICHARD M. BRUMFIELD.''
Motion to Uiuwll.
The motlonto quah the Indict
ment charelnz the defendant with
mnrHpf of the first degree was next
resd at the request of the court. This
motion was denied by Judge Hamll-
. Vinment after the reading had
nleted. The text of the
You're looking fine, - Doc." said
Deputy Hopkins to Dr. Brumfield
last night as the officer entered the
cell carrying the meal basket. "You
seem to be growing fat."
'Yin, I'm feeling fine, but It's not
due To that food you have mere.
answered the dentist in a bitter tone
'No," chimed In Mrs. Brumfliild
who was standing near her husband
"He can't eat that stuff. If It. were
not for the food I bring to him every
day. he couldn't live. That food
you furnish is terr'ble and my hue-.
hand can't eat It. .
Yet- the doctor does eat It and nl
ways takes his share. '
This last attempt to gain sym
pathy at the hands of the officials
foil flat. Sheriff Slarmer and Deputy
Hopkins both know that Brumfield
appetite Is not so delicate that he
cannot partake of "the coarse food
furnished to the prisoners by the
county. He eagerly accepts his share
of the prison meals and is also "on
the Job" when the extra delicacies
are provided by his wife.
Sure he eats It," said Xelth
fellow prisoner of Brumfield. when
he was aBked this morning If the
doctor eats any of the "coarse food.
Mrs. Brumfield last evening told
Mrs. Hrumneio last ?ming ' ea(.h perion must look out for their,
the deputy aherlff that the prison j ."f i,
m.i a Min, ,l,il nf 'Vnmn-hncks ' at
the restaurant. She said one of the
waitress told her that. This report
was Investigated at once and found
to be not true. The food Is or the
best and perhaps a whole lot better
than many prisoners are forced to
eat
o
H.S. Principal to
, Go to Smith River
C. H. M( Knight, for the past two
years principal of the Roseburg high
school, has accepted the prlnclpai-
shlp of the union high school. No. 8,
at Smith River. This Is a fine posi
tion snd Smith River offers Mr.
MrKniRht a broad field of endeavor.
Mr. McKnlght will have the honor
of being the first principal In the
new Smlih River hleh .school, which
thrnuo-h
. unnwa an1 a lan irnm in
pl:r o - -"-" ' ... foiiows:
terviews witn tnose lew wno, :,-" dof,ndsnt h his
have been permitted to see me, . .ttorne)ll Uice orcutt. and movos
that a Strong prejudice exists I tne ciirt to quash the Indictment
against me throughout Douglas returned against the e'endsnt In
rnnntv. .and more particularly
throughout and among ine
people of the city of Roseburg.
"That I was removed from
one place of confinement in the
countv jail to another by the
sheriff of Douglas county, who
Mated that I was being removed
for fear that some person would
shoot me on account of the pub-
lie senumeni m nuseuurs suu
vicinity being so strong against
"""That when I was returned
the above entitled Court, and Hied
therein on the 1ls Osy or August
mi foe the res-wn:
First: That the C.rand Jury, at
tempting to return said Indictment
was not legsllv constituted, selected
.n.llfiml ;rsnd Jurr. and was
without anv authority of law to re
lurn stir Indlr tment. and by reason
thereof said Indictment u toui.
linnA- That contrarv to the et
nrovialoa of the laws of Ore
gon, a ' person otttrT than ,n ol'
- titnrnn for Douglas Connty.
resident Harding's Call to Disperse Is Disregarded - Federal Troops
Will Be Sent to Mining District to Quell Disturbances .
Mountains Swept By Machine Guns -,
I.OGAN. W. Va.. Sept. 1. Thirty
miners were killed In Crook Creek,
at the Blair mountain battles yester
day and last night, according to the
reports that air scouts brought bere
this mo'rnlng. The flyers also re
ported a steady stream of miner re
inforcements moving into ine uumo
zone. Reports to the effect that the
miners appeared to be dispersing
was looked upon as a ruse, aud
aharirr chaffin'a forces are taking
precautions against a surprise atiacs
i nv noints. The Logan forces, ex-
. - . a
pectins further nttncKB, aro sweepmx i
the ridge rrom Blair to muis rot-n
with machine gun and rlfhj fire. A
SDeciul reinforcement train is. re
ported derailed near Logan.
Aii-plane Hquadron Dispatched.
WASHINGTON, Sopt. 1. An air
plane squadron was dispatched to
the Industrial war area In West Vir
ginia by Secretary of War Weeks to
rinv. and orders have been sent to
fnmp Sherman for the federal In
fantry regiment to hold Itself In
readiness to entrain for the war area
at noon todav. The l!th Infantry,
comprising Mi men and officers. Is
ready to entrain at a moment's no-
RAXCIIER BIRXKII TO DKATII.
' SPOKANE, Wn., Sept. 1. John
Anacher, was burned to doath today
In a forest fire west of here. Fires
In Stevens county are reported the
worst in the county's history. Num
erous fires are beyond conlrol and
tho residents have been warned that
Mrs. JV k. Jacquos of Clendale
is spending several days in this city
vlstinc with her husband who Is con
fined to the Mercy hospital with a
broken leg. sustained In a recent ac
cldent.
tice. Thirteen airplanes were en-
route from Langley Field, Va., to the
coal fields aa a precautionary meas
ure. Messages have been pouring
Into the White House from West Vlr-
glnla officials and cltisens saying
that the armed bands were disposed
to disregard President Harding's
call to disperse. . The president has
a proclamation declaring martial
law ready to algn If the battle con
tinues. . ,
0 r '
Local Production :
Shows at Liberty
The home talent motloa picture,
"A Wealthy Financier from New,
York," starring Lorlene Co alee and
Sam Campbell, and with a large
supporting cast of local high school
students and prominent businessmen .
was shown tor the first time this
afternoon at the Liberty theater.
The local production will be shown
afternoon and evening.
A food slsed crowd saw the pic
ture this afternoon, and many of
them had the thrill of seeing them- '
Velvet for the first time on the movie
screen. Pictures of all Roaeburg'a
Industries are shown la connection
with the play. All this Is In addt-
lion to the regular proeram, which
Includes a big feature production
and a comedy.
From 40 to 60 prises donated by
the merchants of Roseburg, Includ
ing everything from a bo of candy
to a suit of clothes, will be given
away today and Friday. A number
Is given with each ticket purchased,
and a drawing takes place after
each performance.
i o t
Ralph J. Castle of Kansas City ar
rived In Roseburg last evening to
enjoy a visit with his mother. Mrs.
O. K. Cafctle of Greenr
Veterans Entitled to State
Bonus Should Attend Meet
ing at the Armory Tonight
new sinl.h River hlKh scnooi. nn t AdJulaj)t C(.nera, whlte and
has Just been completed, and which ' .., ,.,h mm.
n ..n .r nr. oil to he slate commission but' caused 4 great
at the armory at . o'clock tonight to .l f Vard
will be dedicated on the opening
day of school, Sept. 12. , j
Mr. McKnight will leave this af
ternoon for Smith Klver, to mass
arrangements for moving his family.
While bis many friends regret his
loss to Roseburg. still they rejoice
in his good fortune In securing such
s desirable position.
Kiddies Not to
Hear Murder Case
The Brumfield murder esse, which
promlne to provide more inrins man
a Bill Hart six-reeler, will be shown
to "adults only" according to the
ruling made by Judge i. W. Hamil
ton today.
All children under the age of six
teen will be barred from the court
room, and -Jbhnflle, Willie, Sam
and Jane, who fced hoped to see their
fsmlly dentist playing a stsr role,
must be content with wstehlng him
as he is walking from the Jail door
to the circuit room.
In addition to this ruling It was
announced that the "stanoing
room" sign will be stored In the
attic. Only those who are able to
...ta will be admitted.
A special table wss provicea mr
Oregon. "' the newspapermen this morning by
meratev of Mnllnomsh County, Ore- ""; e r
I.Tilian IUtii of Pendleton, both mem
bers of the state bonus commission,
exnlaln concerning the loan and cash
features of the measure. The meet
ing is most Important and all veis
should he on hand to get this de
sired Information. ,
Blank forms for the applications
of Orecnn service men hsve been re
ceived by Leon McCllntoek. adju
tant of ITtnnaua nost. and they will
be ready for distribution at the
meeting tonight.
Detailed IMructlons, concerning
the proper procedure In making ap
plication for the bonus were also for
warded from the state capital In ad
dition to sovernl specimen forms for
the guidance of the ex-service men.
A eotrmunlcatlon was alro rcelr-
ed by the local adjutant from the
state commission suggesting various
methods in hanniing tne ioci pph
cstions thst will result efflilenl
snd quick sctlon on sll forms, sub
mitted and thus avoid the tangle
that rulted la the stsle of Wash
ington as . the result of Improperly
filled out applications thst had to
h rot iirned without action during
tha receit distribution of the bonus of time,
n the onrth.
X early All Msile Out Wrong:.
Nesrly 90 per cent of the applica
tions foe the Washington bonus were
not properly made out. states the
(Continued on page tlx.)
I order of Judge Hamilton.
hopes to avoid a similar condition
by thoroughly nstructlng every ap
plicant before he submits his com
pleted form to the state commission.
The commsslon requests the co
operation of the American I-eglon
posts In the work of handling the
applications as being already thor
oughly organiied they will be of
great assistance In centralising the
work and avoiding a vut number of
of Individual efforts to make out
the required forms. The commis
sion suggests that a committee be
formed by the local post who will
devote their time to Informing the
x-servlce meu at to their bonus ap
plications. . ,
"Bonus Week" ftaggested.
A further auxgeston from the
tain board of a method to ditri
Bute the bonus without unnecessary
delsr is to follow a plan that wa
originated In South Dakota for the
state bonus there, which provided
for a speelat "bonus week" during
which every effort was made by the
American legion posts and Red
Tross organizations to Instruct the
men In Disking the applications and
clearing off the work In a short span
Mr. and Mrs. Henry Johnson spent
several hours !n this cltv yesterdsv
Tinting with Victor Boyd. Mr. and
Mrs. Johnson are on their return-
communlc.tlon from Salem, and this trip to their home In Vancouver,
not only slowed up the work of the B. C. ...
it
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