-a"
v . - ' .. -.1 . . ....... - .... , ;-'. .-," t - i 'r
" . , v , fa Which It Include IT. BTn)aff Nws and Th RoMburg Reriaw
y -?V0 "urna bevtew. , : bohebubo, orsoor. sattrdav, September n, iwi. . vou x. No. sea, op the evexixo hew.
DR. BRUMF1ELD CAI1 BE
GRANTED FAIR AND IMPAR
TIAL TRIAL IN DOUGLAS GO.
Motion For Change of Venue V.'ill Be FUed Tuesday Attorney
For Defense Announced Today District Attorney Will
File Counter Motions Without Delay
Contrary to the announcement ult of reading the Rotebarg newe-
Bide In court Thursday by Attorney papers.
Dexter Rice to the effect that he ; Attorney Rlee this morning stated
would file a motion for change of that the motion would be bated on
venue In the Brumfleld murder trial statutory actions. The length of
a further 1 lm uiuuum wuh.-u . m i
mm win prooaoiy ue uuw iu im
numerous cases in point to be cited.
Undoubtedly the Centralis murder
case which aroused the entire nation
; a year and a half ago, win t cited
I as a DaralM case. A change or
br the end of this week,
announcement was made by him to-'
day that the motion would not be
to file before next Tuesday.
Apparently the attorneys for the de
fense sre sparring for time. .
It was fully expected that the mo
tion requesting a change of venue
would be filed before noon today but
when Interviewed thla morning At
torney Rice stated that the prepara
tion of the motion would not be com
pleted until late today or tomorrow
and will not be filed until Tuesday.
District Attorney Neuner was- In
formed by the defense attorneys this
morning that he would be furnished
s copy or the motion late today for
hli perusal, but publication of it will
not be permitted until it has been
officially placed on record. Judge
Bingham, circuit judge of Marion
county, who was appointed yesterday
by Chief Justice Burnett to act as
judge In the Brumfleld trial, will
arrive here on Tuesday morning and
venue waa era n ted to the defendants
in that action on the grounds of
prejudice, bias, and fear of violence
in Lewis , county, wnere centralis,
the scene of the murders, is situ
ated. The trial was held in Monte
sano. None of the defendants were
given the death penalty, three were C(,,ve falr lnd impartial trial
overt act beyond the engagement or
special counsel, the pretss accounts
not Selng calculated to Inflame the
public mind, and ninety-eight jurors
having been examined in obtaining
the jury which tried the causv, there
was no abuse of discretion in deny
ing the application.
The attorneys for defense of the
Brumfield ease will undoubtedly
make similar allegations in the mo
tion to be filed Tuesday. Numerous
newspaper dippings from the News
Review will probably be attached to
the affidavits but the defense must
show the tr 1 judge that the articles
are. calculated to inflame the public
mind and not mere matters of news
of the testimony given at the cor
oner's Inquest and other incidents
relating to the alleged homicide.
The change of nue In any case
Is discretionary with the trial court
and if, after many Jurors hare been
examined and only a sw accepted,
the Judge considers it impossible to
secure a Jury in Douglas county, he
may then grant the motion and the
trial could be taken to a neighboring
county.
In the examination of jurors U Is
stated that a general opinion as to
the guilt or innocence of the defend
ant shall not Itself be sufficient to
sustain a challenge to a particular
juror, but the court must be satisfied
from all circumstances that the
Juror cannot disregard such opinion
and try the issue Impartially.
The fact is admitted that the
Brumfield case "has been freely dis
cussed In the press or the state.
Other counties besides Douglas have
read complete press reports of the
alleged murder and other details
connected with the defendant's cap
ture. The general opinion nss neen
expressed that Brumfleld could re
in
Packers. Plan
To Cut Wages
- (Br tJnltad Prw.)
4 CHICAGO, tiept -3. The
"Big Five" . packers are plan-
niag to cut the wages of two
hundred thousand packing
house employes. They will an-
nounce the cut when the agree-
ment made under Judge Samuel
Alschuler, ' arbitrated, expires
on Sept. 15. Union represents-
tlves are discussing means of
meeting the proposed reduction
and are considering particular-,
ly Rair-uel (lumpers' proposition
which was' prepared for pres-
entHtlon to the packers In the
case wage reductions were pro-
nosed. !
roiMMMt. and those sentenced were .... . .. ... ... nthv aantlnn
only recently placed" In the penltea- o( tne statei The expenses connected
tlary to start serving their terms. ..
' Bias, prejudice and fear of vio
lence against the defendant. Dr.
Brumfield, will therefore undoubt
edly be the grounds for asking the
change of venue.
The district attorney will file a
counter motion soon after the de
fense motion is filed, it wss an-
the court will probably convene at nounced today. The prosecution will
that time to hear the motion for a
change of venue. Another day will
probably be taken by the .district
attorney to file a counter motion and
the Judge will be allowed time to
take Judicial action on it.
The motion asking the change of
venue in the Brumfield case will
probably be based mainly on the
published reports of the case which
have appeared in the News-Review.
The sttorneys for the defense have
compiled a statement quoting the
larg circulation of the News-Review
In Douglas county. The four thou
sand copies of this publication are
read by over twenty thousand people
and this fact will probably be made
the basis for the motion for change
of venue. Ii addition to the alleged
"inflaming" reports appearing in the
Mwspaners, the motion will probably
touch on the Intense feeling sgatnBt
Dr. Brumfield as a .result of these
articles. All of this was Intimated
In the affidavit of prejudice which
was granted by Judge Hamilton and
which alleged that the trial judge
no doubt base their counter claim
motion on similar criminal cases
where the defendants were denied
such a change, even though it was
shown that the newspapers had pub
lished complete accounts of the
cases. "
The state vs. Casedsv. argued and
submitted on March 23, 1911, and
decided Anril 19th of the same year
In Grant county. Oregon, where the
crime of murder waa committed, is
a case very similar to the Brumfleld
ease. A chance of venae was asked
for and denied by the Judge. The
defendant moved for a change of
venue and filed affidavits to the ef
fect that the homicide had been gen
erally discussed throughout the
county and that several accounts of
It had been published In local papers
and that In the opinion of the affi
ants a fair and Impartial trial could
not be had in that county and thai
prominent taxpayers had employed
special counsel to aid the prosecu
tlon. The court ruled that the affi
davits stating mere opinion as to the
wss Influenced snd biased as a re- state of public feeling without anv
Federal Troops Reach
West Virginia To Halt
War In Mining District
By t?nlted Press.)'
MADISON. W. Vs.. Sept. 8. The
tain war crisis has passed, military
headquarters announced t o d a y.l
Three hundred federal soldiers are
the Logan county war border, and
Hilary officers ssld they believed
the Miners will qnlt without firing
a shot when they sight the regular
soldiers. The definite number of
casualties sustained during the fierce
righting of the passed week Is not
obtainable, but air scouts .reported
"at many miners have been killed
y the rifle and machine gun
"" wienrr Chaftn reported no
tasoaltles In his forces todav. On
on portions of the line where fed-
troops hsve not yet made their
-KK-arance, the fighting continues.
The miners at one point are making
sesperate efort In large numbers
o crush through Hie defense and
' possession of the Logan county
Titjafsfift Atrfnv
CHARLESTON, W. Vs.. Sept. I
"remaining troops ordered Into
disturbed counties arrived today
by Brigadier General Bondholts. The
first troops arrived last mgnt at aiaa
laAit. Federal and state officers be-
lian that (he helllrerancv would end
tnUv and thst the srmed men would
disperse and return nome unuer mr
protection of tne teoerai troops.
Funeral) Orn'l acini,
n ITntfaa Praaal
LOGAN. W. Va.. Sept. 3. Fnner
als for 43 mine wsr victims were
held near Tilalr todsy. The hoJIes
of two unidentified miners nave ueen
r.fnrf Rennrts Indicate that over
a hundred miners nav imtu ui
Rnlnins continued today along a
mile frost. Ordinary prisoners are
ki uud from me i-ozan j"
in mil, room for the esptun d min
ers. Federal tmoi: have arrived at
u.m nortlnns of the name im
ntH.. rtl-r. srs still bottling for
lously for the possession ef the ridge
HKVr BAO KTt' "A-
i FRANCISCO. Sept. I. The
eleven men picked np la a small boat
off the California coast. ms
tng. have been ordered sent n
A ltnnarter. according to ST
vwk np the positions designated sages received here. The owners
Immediate Relief
, Needed In Russia
1 (By United Press.)
MOSCOW. Sept. S. Anna Halues
today rushed a cable to Herbert
Hoover aaylng: "Siieed up. Kvtry
moment la precious " Miss Haines
has been In Russls for over a yoar
and has seen the t.-rrlble famine
death mount to unheard of totals
She dlared that If food dues nit
reach Moscow within three weeks.
SO ner cent of the children will die.
She declared that 35 per cent of
the children will perish anyway.
Holiday Hours ;
At Post Office
Tug Picks Up
Wrecked Ship's
Missing Lifeboat
(By Associated Vr,,i 1
8 AN FRANCISCO, Sept. 3. The
missing lifeboat of the crippled
steamer, Canadian Importer, contain
ing 11 members of the crippled ship's
crew, was picked up st 1 s. m. today
at a point IPS miles' off San Fran
cisco Bay by the red stack tug Sea
Lion. The occupants of the host
were reported in a wireless message
to be "all safe and well."
Names Are Uiven.
" VANCOUVER, B; C, Sept. 8..
The names pf the eleven members
Holiday hours will be observed by
the Roseburg post office next Mon
day, September 6, Labor day. ro
mall will be delivered by carrier or
from the general delivery except dur
ing the only open hour, from 9 to
10 o'clock a. ni. when patrons may
apply at the post office. All regu
lar dispatches of mall will be made
but only the evening collection will
be msds from the street letter ooxen.
GRAZING EXAMINER MAKING
APPRAISAL OF STOCK RANGE
- WITHIN NATIONAL FORESTS
StocTimen of Middle West Force Congress to Consider Raise of
Fees For Permits Allowing Grazing of Stock on
Government Owned Lands -
with a change .of venue also figures
largely in the matter. County Judge
Quine states that It the trial Is held
nmirlas eountv It -win cost tun
taxpayers 36000. If It la transferred
another county mat estimate
would be doubl-d.
Fefellnr ssalnst the defendant In
this case is not running near so high
ss It waa In the case of the murder
ers of Til Taylor, tne renaieion
sheriff. In that case a change of
venue was denied in spue or tne
affidavits that the deceased was a
man of exceptionally high character
and that subsequent to tne nomiciae
the citizens of Pendleton joinea in a
poase to capture the defendants snd
the other persons implicated in the
murder. Following their capture.
the murdeiers were returneo to tne
county Jail where a large concourse
of people gathered ana tneir num
bers were such as to lead those in
charge of the prisoners to fear that
the latter, would be lyncnea uy
mob. These and other statements
were not sufficient to provide tne
trial ludee with evidence tnat a
change f venue should be granted
and It was denied.
mall delivery route from Roseburg
through Looking Glass and Happy
1 1 V n kAAn withdrawn hiwatiaa
of the importers crew found In the f O,'po,ltlon Dy residents affected,
missing lifeboat wore reported here d regttrd, M improbable that
today l,y wweless: - They were. Sec t, w b nvly0il, at least to
ond I of leer A. Laird, Melbourne, Aus- emDce tne K&ma route originally
muia; inira oince, j. w. "'" outlined
North Vancouver, second engineer ' -
C. H. Greenhill, San Francisco; ca
det R. Newell, Vletorla; Puraer W.
Sissons, Medicine Hat: able sea
man L. G. Marpole, L. E. Profit of
Vancouver ;E. W. Irvine, Montreal;
Donkeyman E. J. Sebelin, Vancou
ver; fireman A. J. Hawker, Langley
Prairie, B. C. and C. Banks, Van
couver. The men were adrift for
two weeks, having left the Importer
In search of aid when the vessel
sprung a leak on August 19.
That the accurate appraisal of the
grazing land In the National forests
Is the gigantic task which the. forest
service has set for Itself to complete
by July of 1923, Is the statement
of "Jack" Horton, grailug examiner,
who Is In Roseburg today. Mr. Hor
ton, who makes his headquarters at
Bend, has started upon appraisal
work and spent today In this city
consulting with Forest Supervisor
Ramsdell and limn urf the nrellm-
lnary work which must be done In
the Umpqua forest. This task was
voiumaruy -accepted Dy tne rorest
sorvlce, Mr. Horton states, following
the objections of cattlemen of the
middle West, that the foes set by
.... . ivuuaiuoa lur aiaa.ua ill uiv uauuuai
The netitton circulated two weeks , " . . .... .
" . .,il,u,rBl wiw mr ww tuav tup ntjoici u
ago lor tne esiaDiisiiineui i . cattlemen had an vnfalr advantage
In the morkets. Congress proposed
R.F.D. Petition
Is Withdrawn
Brumfield Says
"Good Morning"
But Nothing Else
after being notified that tne men
were aate. ordered them taken to
their own vessel and not landed In
San Francisco as previously report-
it. it has been fifty years since s
boatload of men have attempted to
rnarh land from a disabled vessel.
Mark Twain scored the iirst news
paper scoop on the experiences of s
nr a dissbled "windjammer"
who finally readied tne nawu"
island.
firing Kenunwo.
imiv Rent a. Colonel Eu
banks, commanding the state and
county forces In Logsn county, re-
At -nnrilflnna aions coruce rura
ridge at noon as comparatively
quiet. Firing was resumed a siton
time before noon oy
slong Crooked Creek.
tx-iuiNfiTON. SeDt. 3. Samuel
nnnn.ra todav told President -Hard
Ing thst the people mites iriu..
cannot atand In hostile array sgotnst
a. t-niiett States. He urtred the
president to call a conference to set
tie the present coniroraj
tablleh better relations.
Veaforal TmolM in IIM1.
rnARLF.STON. W. Va.. Sept. 3.
Federal troops hsd their nrst en.
.m with srmed - men nesr
Sherries todsy. when they disarmed
. hanrf holdlne- a locomotive on Lit
tie Cosl river orancn oi ine tn
peake and Ohio rauroaa.
fiMMM RlamM Onrrators.
wiauiNGTON. Sent. 3. Samuel
nomnara In his conference with
Pairient Hsrdlna- ssld thst the
West Virginia coal operators sre to
blame for theeoal wsr.
Irrauinv-nls flat 1 1 ndVv.
em a Matad Praul.
ruiPi.r.STON. Bent. 3. Arm
reports Indlcste general quiet along
the Boone-Loiaa county lines. Fed
eral troops ate meeting with no oo-
anaitlna. Four Bunureo insur
gents" surrendered this afternoon,
Mail Hauling Con
tract Awarded
f T
ir
i r
i' "
s -
It.
J. M. Judd has secured a govern
ment contract for carrying the malls
between the nostotfice and tne rail
war depot In Roseburg, at a price
of I960 Der annum. He win suc
ceed Albert L. Hash, who has been
employed as a temporary contractor lf th (tt8k wmch ,' foreit .crv,.e
'Good morning," said Dr. Richard
M. Brumfleld to a News-Revlow rep
resentative who called at his cell
this mornlnc to Inquire concerning
the prisoner s health and any otner
news he might wish to give out for
publication. But the good morning
was all that was said.
When Deputy "Two Gun" Hop
kins threw bsck the heavy iron doors
to allow the newspaper reporter ad
mlttanee to Brumfleld's cell, ' the
prisoner was sested on a stool In the
middle or the room witn nis nose
literally hurled In a book of fiction.
This was the first time that news-
Dswrmen hsd been sllowed inside
of the rell and as they walked
around the prisoner snd inspected
the three dark dungeons In the resr
of the Jsll. Brumfield paid no at
tention to them. Only once did he
glace np. That was when the greet-
Inc "a-ood morning" was tossed In
his direction. His reply wss bsrely
audible snd he no doubt found his
book much more Interesting tnan me
visiting reporters. Several questions
were asked of mm nut ne mo not
bat sn eye. Wha he wss ssked If
he did not feel lonely witnout nis
two cellmstes, he Just turned over
snnther lesf snd started on Chapter
XXV.
o
KKV. OVICK TO 1'RKUII.
ttev 1. B Quick formerly pastor
of the local Pis'rvterlsn church, will
oceunv the pulpit of thst rhirrn si
the rerutar rnornl.ir service mior-
row Rev. Quick snd his family arc
touring the roat anl nrriv.-a iss-:
night on their way from southern
California lo Portland
a straight raise in lacs which the
forest service opposed until a more
definite basis on which to tlx fees
might ba adopted. As certain long
lime permits had been granted, con
gress gave the forest service a spec!.
fled time In which to make a com
plete apralsal which will In the fu
ture do away with all estimating and
guess work and will permit of a
Just and equitable charge for per
mits allowing stock to grate on the
ranges within the national forest
boundaries.
"Range appraisals," Mr. Horton
stated, "Is a study of the commercial
value of the range within the na
tional forest. When one stops to
estimate the great amount of graz
ing land so embraced, the enormity
in lnlv IB Mr. Hasb will be re
tained to assist in performing the
service.
Charley Chaplin
has voluntarily placed upon Itself
becomes apparent. The Job Is made
doubly hard by the time limit which
has been set, fur we hoiie to have
all of our data In by July 1923.
"When this appraisal Is completed
- a 1 we nope to navrj rnuuail unia ui ut-
HriTP.Z M W C1TU.RH I term Ine absolutely and exactly just
wuai uiw raiiaw 111 1110
worth to the stockmen who are al
lowing their stock to graze upon
hese lands.
This anoralsal was brought about
by the attitude of the stockmen ol
the middle west. These stockmen
The rehesrssl of the Jubilee Ring
ers, scheduled tor mat nixni isura
to materialize. Msny or tne memoers
are est of town or were unable to
attend and the number present wss
not Urge enough tu wsrrsnt a practice.
R. R. Tumor appeared before city
record Whipple this mornlnc snd
paid a fine of II for leaving bis csr
atand oa the streets ever night
First nrlze In the Charley Chaplin
conteat put on by the Oeorge Addis
Co., In conjunction with the Liberty
heater, wont to Ross Hates, snd con
lated nf a classy baseball -Mil. sec
ond and tnlrd nrlzes went to Charley
llenkett and Loren oJhnson. The
nrlve winners were derided ;y the
applause of the audience when the
nlcttirrs were tnrown on ine wrou
at the Liberty lat night.
Th theater was crowded to ca
pacity last night to see the local
production, and many people were
thrilled" by seeing themselves in the
mnvi for the flrM time. Picture
nr Wal business houses were also
thrown nn the screen.
t'non entering the door of thi
theater each natron wss given a
numbered ticket, and these nutibers
later drawn from a onx uy
blindfolded boy, about twenty rrlJ.es
hain. riven to the holders of.ine
numbers. One small boy car
rled home a doien bottle of ni
,.. a l.dv drew another for five
rfnii'.r in antilv nn the Diirrhaa of
a new battery: and Oeorne 'i rantm".
well known hootblacK. was m- prouo
winner of a gallon or ice cream.
TTOVJf IS THfU:.TEF.I.
(Br rmied Preael.
BT PAi:i.. Sent. 3. Forestry men
ara m.htnr to sld In a fight against
the forest fire soldi Is reported to
he hemming In the lown ol Randall.
Minn. Three hundred people sre re
ported to be endangered. '
ani.nts-.R'a TIOIIY ARRTVFJ.
Mr. snd Mrs. J. H. Kruse of Von-
ralla. have received a messa se front
ttni.nkan V J., stating inn in
hn, f their son Roy Kruse, who
hilled In Frsnre. hss srrived In
the slstes. It will be shipped to his
horn a at Toncalls Immediately. Roy
Kruse was a member of that famous
1st division and was killed la action
a tha araonne battle on Sept. 39.
1913. The American Legion of this
city will be asked to have charge of
the funeral.
n a netlt on to conKreBS. ciaimeu
that they were forced to pay high
'area and hlah rates and fees and
k. -. . t. i n m Mtflaman with InW
! Ln",,U.;,7c ',, e on ihV (Continued on page six.)
eastern market at much lower rate. -
"Congress suggested that the fees
be raised 300 per cent, wheu the
forest service Interposed with a sug
gestion that before any increase be
made, a Complete and . thorough in
vestigation be conducted, and data
obtained on which to make a fair
and impartial schedule of rates. As
the service. bad Issued a number ol
6-year permits, terminating In 1935,
congress to allow until that time te
make an appraisal. It is now up to
the forest service to show what the
rata of increase, or decrease In fees
will be. The appraisal will doubt
less show that there should be in
creases In some places but there will
also undoubtedly be decreases In
other sections,.
"The forest service take no posi
tion either for or against aa increase
in rates. It Is our hope and aim
to have a firm basis on, which to
work. When the task Is completed
there Will be no. further 'It is re
ported' or the examiner estimates,'
attached to our reports, but they will
be made strictly on accurate Infor
mation collected from the most re
liable sources. " ' :
The service Is not working in the
dark but Is placing all of lis cards
on the table. If the range is worm
more to the stockmen tban they are
paying for It, then it is only fair to
the other men engaged in the indus
try thst the government Increase the
amount of the fees. If on the other
hand, the appraisal shows that the
stockmen are Daring all that the
range Is worth to them, then an In
crease In the fees would bo uninir.
"When our flxures sre complete
It Is our Intention to lay them before
the cattlemen and their associations
will have the privilege of making
any suggestions, criticisms or cor
rections which they may find ad
vlsible. We wapt to make appraisals
accurate, and consequently are ac
cepting no figures and taking uo
statements that have not a complete
and" solid foundation. If any mis
takes are made we want to have
them corrected aa It la our tntontlrn
lo have ouf bawls for future work
absolutely reliable."
The task which Mr. Horton has
before hlin. Is a big one. I ne smsii t
Cum in It section oi tne iikim m" ; j
i M,nn. .thntiaann head nf sheen '
inese sneep ;
1 3.
I :
I?
t
u
Prune Season lo Be Under
Way Next Week: Prospects j j
Indicate an Excellent Crop
The prune season Is slready Weill
under way In the Myrtle Ciwek ani
Kiddle districts snd win proDSDiy
start In the vicinity of Roseburg on
Monday or Tuesday. E. Bond, wno
owns a larae prune orcnaru near
Myrtle Creek, atarted the eesson in
thst locality, putting bis pickers In
the orchsrd the early part or tnis
week Several other growers I in me
diately f-, Mowed his exsmple. -
A few driers are already opersnns
on a small seals, and the big driers
at niddle will begin running the
early Dart of the coming week. The
treat in heavily loaded in most dis
tricts and while the crop will not be
the iiest Dnuxlas county has ever
had, It will be larger than It has been
for several years. The slight show
ers yesterdsy sfternoon were fine
for the prunes, scorainc to irun
Inspector Armstrong shd even a ten
or twelve hours heavy rsin wouia
do no harm If it were followed by
clear weather.
The Oregon Growers association
expect td have about three million
ponnds of prunes from the I'mpqus
vajley district this yesr. The open
ing price loss packing costs amounts j ,
to 10 3-4 cents for so-su grsaee. (
cents for 40-iOs, tA cents for j
E0-60s and cents tor su-.vs. j
The association has slready disposed , j
of 45 esrs of the 19Z1 crop at tnese v
prices. f J
These results are very gratifying,'
as the prunes are going at flsurea s
a II ll 1 arv w l m I" uan a ' " - ft
opening price on California pr-nes.;
which for a number of years paat i
have brought several cents a pound f
more than Oregon Italllan prunes. t
The prospect ts mnch brighter thin I.
year beesnse every Indlcstlon points j
to a rlslnc market In contrast to tbe I
sharp decline which was experienced, J
with the 1920 crop. While the open-,
Ing prices are below those of lest 5
yesr, it is prooame tnai m iwrnRni .
enlng market will net more to thrf
grower than last year's prices did. 1
. -a t
The esse of Fslrhsnks. Morse 1-
Co.. acalnst Sherirf Sam Starmeti t
was dismissed todsy bv order ol J
Judge J. W. Hsmlltoa. The ease grev I
out nf an attachment served by iht
therlf.