:i r ..v..: j b Which u Included Th E Tenia g News and Th Roaeburg Reriaw T V7 10.000 people rwd th I y y Xtn-awiw dally. ROSEBCIta OBBOON. TCESDAj", SEPTEMBER 6, 1MI. vou x. Ho. 9m or the evemxo. news. DEFEMSE ISSUES 0F- i i i uuin u V a", V MOTION rUn UHAHUt Ur VENUE III BRUMHELD TRIAL ARGUED III CIRCUIT COURT . r.i.j MntiAii This Mnrnino' Allnnff thit Defendant Uan Be Accoraea rair in impiruu Trial In Douglas County ' The nnriu county circuit court iudge did not return the gaxe or even DOtlKIU n"1"' .,ii.k In h. direction of Ihe nris- ... .hi mnruiiiK " " . , . Marlon : 1 KOHHUUIK .... . -f niTW " - j r .... jmirt MM luru ... tootene louaj. , . waa a VCTY n wnrn mi whiun - 1B , . I - brief one. consilium-, tsar The court convenuu h afternoon at 1:30 o'clock. Bramfieltl Court. -A - I. TWnntV SiorUr before i ociuva HopUu enterea me ju.. ..- ---- Brumfleld irom dm cwi. ... with Sheriff riioner in cinynj . .. ---- truer ana ma v1"" --- liroua the courtnouse uu i mrt room. ui. u'- - -lek and span woeu no bitti-f" km, the jail inn m""is "int. Bruuim&l apieiaii mat deal of comment among tne and banting arouna me Iilkrnf erect, who eye. uiiiht ahead, tne prisoner cuioict eourthouK. He glanced to Hither ilde, out ateppea uiouk m a Wik minner and aeemea mieui uu iwdilni the court room, ne was ImM in a dark- Dtue sun whu pin k npe, ore a wnue couar wnn um ud hii hair was neatly brushed. Bid nothing to the officers at his ale. Eyes Judge Steadily. very tew people were In the court it the time court opened, this i irobiblT due to the lack of pub- Utr clTen the case locally during tit lit! tew davs. Dr. Brumfield seated himself be- mei hit attorneys. Rice ana Or- att ud. in ml broadly as tney BMed him. The fact that all eyes the room were upon him did not na to enUM anv embarrassment on H tlrt And he Annnnred to he en- Jruig men a sensation. He con- fsnel with his atlnrnevs and aald S llU eell nithtr lnnolv alnMl US df Mrtnrft nf t ho nthpr two nrl. am )d Bingham entered the court MB it bmmnllv In n'lfulr nA WlVSd Sheriff Sfjmipr tn annminoA the Mmilnr This miwu.i).im . . n - uiwuuiv vt mm m Rt tk ihrlff nrltrBnAAl 1ia ..11 Blind Uid! "Kpai' vp fiaetv w (h. wtUt Mnrt Af that ir.imtv nf - - aaa aoaiMU, luring this tlmi. Dr. Brumfleld tUt Heart Hv mt I Via OAr iA-m Ui. ItY Via altnna 1 1 1 u..s AW,. " " War In Ireland Appears Imminent (By United Press.) ' DUBLIN, Sept. 6. All factions in Ireland are preparing for war. The Ulster volunteers are being recruited to full strength. The Irish republi can troops are reported to be drill ing and marching in the hills. Pre dictions are being made freely here that the war will be renewed within ten days. Some are still hopeful for peace. FIMIEMENT oner. While awaiting tne arriTai oi the district attorney and his deputy a hush fell over tue court room, simi lar to the calm before the storm. Order Met Aside. Judge Bingham announced that he would set aside the order of Indira Hamilton in overruling: the motion to quanta the indictment. He I ot a number of these appear In the ordered the attorney for the de- text n ,ne a(tidavlt. while the stories fan oa tn a ruin nreaent the motion for I i. .WA .....a tn ti.i. nuBr vni. his ruling. , Attorney Rice; reTtewed ume of iiKnt reading. briefly the motion ana touched on Attorney Rice also goes Into the stories themselves bppearlng as ex hibits. - Attempt ia made to show that these stories have so Influenced public opinion that the prisoner could only face a jury with minds aflame. The Myrtle Creek Mail Is also quoted and reference Is made to its having aided In moulding the opinion of the "dear people." The Portland newspapers are also honored by being mentioned e arly and late throughout the extended affidavit. Attention is called to the fact that the metropolis dallies have been widely read in Douglas county since a certain day In July, that these stories have been lurid and opinion-making. The headlines the salient features of It. After hear ing the review of the motion Judge Bingham overruled H. Orders New Plea. Following the " judge's announce ment that the court proceedings must start from the time the affi davit of prejudice waa filed. District Attorney Neuner requested the court to ask for a new plea from the pris oner. He argued that such proce dure was necessary to keep their records clear, and Judge Bingham agreed. "Richard M. Brumfleld. you "will stand up and enter your plea to this Indictment." ordered the Judge Like a flash. Brumfleld waa on his feet and in his usual snappy manner said. "Not guilty, As Brumfleld slipped back into nis chair, his attorney leaned over to wards him :and whispered, "wen Doc. vou've plead 'not guilty' twice now." Motion b Filed. Attorneys Rice and Orcutt then filed their motion for change of venue. Attached to the motion was a bulk of newspaper clippings from the Roseburg News-Review, Portland Journal and Myrtle creek Man The affidavit for the motion was made out by Dexter Rice, who de clare It was done solely for the pur- nose of securing a fair and impartial trial and not to delay the case. He asked that the trial be transferred to Lane county or any other county that the court might designate. The affidavit called the attention to the Increased circulation of the Rose burg News-Review and iates that over 4000 copies of that publication are read dally by at least 20,000 peo- Dle. Atinr.r ia called directly to numerous first Dace stories regard ing the crime that have appeared in the NeVs-Revlew, the headlines t Ing copied In the affidavit and the Italian Murders Arouse New York Giost ot 'Dtnnht Russell Max Walk Into Courtroom to Tell of Roasting Cadaver Under Car In this case, hody was secured from . Bat as a rule, insanity ' the de-. ital and "planted" by Dr. fense of a defendant who baa admlt- Brtmflalil .l r n '... , ,n, ... V. raalllM B -uu Irums nunvu tea me sunns, wl - ntiy tbl, 17, on ,he """"".ho will be confronte MWEESlw. -,h" murde;, . Htxn rwritn.. .k th nrnn trm oil tJ ST" think the whole affair are the only living things that saw IZ? the local dentist to an-! Dennis Russell die. and prone trees hlTM money, that he talk leas than a dentist with a lapse twi 11 disappear and that of memory. That. Is. these orchard Z wPie found nnd.r the I denizens are the only living witnesses cadaver secured , r - -" i' J u i ill mu llu -1L0" orr nint ' Mw T"',ram' corres rvata-t Wnat c Brnm- IT?! W1U uk " their at TVeTai.''"" hlm P"le- JHZ "emory" Idea that ha M " dentist will not rdlng to attor- Wttu.fdllnM' Is not trhi .ur1" storm" plan will l. suinfMl sw .v. . a Wbiiu Vl tnougnuui JeiV ' ,n"nlty wtU be of Russell's death unlea the lone prisoner In the Jail nero saw killing. - In this connection, there runs a lory through Roseburg todsy that mavbe Dennl Russell la not dead. It k.u .... th. hndv was not proved hi beyond a hadow of doubt, that many good '"'""J The i nu ma ntl BrHl that In corpse was not Russell-. Md It Is ... . .... ... nf Rnssell brotn- era on July U. remarked 1 that be .. - - tmm r-hmrrmA remains IB 10. BO luuia - . (ConUaued oa page tt ) realm of mystery when he declares that an unnamed busiuess man of fered to bet $100 that Bruniiteld would be hanged by the neck unt. dead, dead, dead. Rice refused to disclose this mysterious man's name In the affidavit, but says he . will whisper It into the ear of the court or district attorney should they so desire. Attention Is also called to the al leged statements heard up and down the busy streets of the Douglas coun ty capital that a "lynching party" might be held between the dark and the daylight. This no uouoi wouiu perturb the prisoner and so the trial is asked to be held at some secluded spot where lynchtngs are taboo. Attention was also cauea to tne prisoner's alighting from the train at Edenbower to the time he was re moved from the "ladle' room" on the upper deck of the Jail to the quarters for men only : Which Is against the peace and dignity of Dr. Richard Melvin urumiieia s siaie ui mind. Counter Motion r Ilea. The state. In Its counter-motion i.reoared by District Attorney Neun er and Joseph Hammersley, special prosecutor, objected to a change or place of the trial to Lane county or to any other county within the state. The objection was based on a number of affidavits furnished by prominent residents of Douglai coun ty to the effect that, in their opinion. It would be possible for the defend ant to receive a fair and impartial trial In the local courts. Affidavit of Sheriff. In the affidavit furnished by Sam W". Starmer, snerlff. and attached to the counter-motion of the prosecu tion, it waa set out that the defend removal from a train at Eden- bo-rer, a hamlet located one mile north of Roseburg, upon nis reiuii. h.n from Calaary. Canada, was not tor the purpose of avoiding any viol-nee. but merely to escape tne gate of people who might have assembled . iha Hpnnt. It also was set out in mr. .. .rrMavit that the removal of Dr. Brumfteld from a room upper floor or tne couniy ja in the steerage, was pure ly a precautionary measure, and was not due to the contention advanced by the attorneys for the defense that the affiant feared that some person u .hnt the. defendant. Mention . an .as made In Mr. Starmer's affi davit of numerous alleged threaten ing letters received at his office. t. lorn Mr. Starmer said, were given no significance, and were thought to have 1-een the ravings of persons mentally abnormal. Follow-i-. nnverMtlons with prominent Do igta. county people. Mr 8',rm" snld vt was nis opinion iu. "" -" ... w dentist COUIO rroi" and Impartial trial In the courts. Ha-Ma nun rMjiCTii'. Dr Fred W. Hsynes. Rosebarg dentist and for more than 10 years a close acquaintance of Dr. Brum deld said In his affidavit that he had .a with manr cllixena of r: ... ...,ntr since the murder of if." -i. o,..ll and that In his Says Inhabitants of County too Prejudiced to Give ' Fair Trial ! FALSE RUMORS ALLEGED Charge Newspapers With Having Inflamed Jnblic Mind to 6uoh Degree Fair and impartial Trial ia InipoHnihle. In the first official statement made by Attorneys Rice and Orcutt, who are defending Dr. Brumfleld, It is in timated that an effort will be made to delay the trial of this case for at least SO days. . Charges of prejudice and bias are made against the in habitants of the entire county and the attorney state that it is upon this foundation that they are basing their application for a change of venue. The attorneys for the defense last night prepared and issued the long delayed "statement" which contained little news other than a substantia tion of the former surmises and pre dictions i-egarding the defense. The moit important part of the state ment Is that the defense will not d Ik close any of its point until the case ia called. The full text of th (By United pros.) NEW YORK, Sept 6. Four Ital ian murders within the last 4 hours lead the police to believe that the "Good Killers," an organisation of hired assassins, are resuming opera tions. Further killings are feared. Several suspects are being held here and In Detroit, Buffalo, Pittsburg and other cltiea are being watched. Irish Workers Are In Rebellion CORK, Sept. (. Representatives of the transport workers union, this morning took possession ot the of fices of the Harbor Board because of the refusal' of the hoard to grant a. minimum wage of 70 shillings a week. A red flag floated from the building at midday. Police Quell Riot on Boat ROY GARDNER, SUPER BANDIT, MAKES SENSATIONAL ESCAPE FROM MC II EIL ISLAND PRI80II Companion In Dash for Liberty Loses Life, But Gardner Reach. es Woods Safely and Eludes Searchers Who Comb Island and Peninsula ' (Pr Associated Press.) NEW YORK. Sept. . Policemen with riot guns, were summoned by a radio mesi'age to break up a fight between negro and white members of the crew ot the shipping board freighter Klwania, anchored off Sta ten Island. They found Captain Charles Booth by barricaded in his cabin, bruised and bitten. He at tributed his Injuries to white mem bers of the crew. When the police boat appeared - the officera heard TACOMA, Sept. 6. Officera,, guards ard possemen working tn the vicinity of McNeil Island peniten tiary, have abandoned the theory that Gardner is still on the Island, and are now working on the main land. They think the daring bandit made good his escape across the treacherous waters strengthening the belief that Gardner had confeder ates with whom he planned his es cape. Rogart and Impyn are believ ed to have been drawn Into the plot by Gardner's magnetic personality, solely as a shield for Gardner him self. Every time Gardner haa plan ned an escape he haa had another prisoner escape with him, thus divid ing the trails. The officers expect to find the convict's discarded cloth- Gardner, California mall bandit, ia at large and believed to be In hiding on the island. Everett Impyn and Lawradu Bo cart. Camp Lewis soldiers, recently sentenced to life Imprisonment for a statutory offense, were shot down by the guards. Impyn waa Instantly killed, llogart Is In the prison hos pital literally riddled with buckshot. Superintendent Votaw arrived at the prison this morning ut 8 o'clock on a trip of Inspection, and two and a half hour later witnessed the dash for liberty. Telephone advices from McNeil Is land state that the freak ot Oar diner and his companions occurred at 10:30 o'clock this morning. The I convicts bad been given a holiday for shots and saw negroes and white statement, baitllnr on the deck. Twelve ne- given by Attorney Rica .to the press groes were opposing the rush of fair local representatives Is as follows: "The defendant Is entitled to a fair and Impartial trial by a fair and impartial Judge and a fntr anc' im partial Jury. That much 1b guaran teed every man accused of a crime and we Intend to make a fight to se cure for the defendant a trial such as provided by the laws of the state. If we did not we would be derelict In our duty to the defendant and to our- oaths as attorneys. "We do not believe the defendant can secure a fair and impartial trial, to which he Is legally entitled, in this county, by reason of the fact that the newspapers have played up the case to arouse great public feel ing against the defendant. False rumors have been set afloat in re gard to not only the alleged crime but also to the personal and domestic affairs of the defendant. 'The public mind has become so inflamed In this county against the defendant that threata of lynching have been made. The fact that the defendant ex ercised the right given him by law and filed an affidavit of prejudice against the presiding Judge of this court, has been used against him and it has been declared that this Is he first time the law has been made use of In this county, which is un true. In the quite noted Kiddle road case, tire case of S. H. Rockhill the state highway commission this lsw was Invoked by the attorney general's office acting for the state highway commission on the airtdavii of prejudice made and men Dy n Benson, chairman or tne coinmia slon. "Our application for change of venue is based upon local bias and nreJudice of the Inhabitants of this county. In Interviewing some or me leading business men or Koseburg one ot tbem said: Of course, a gen oral hiss and prejudice exists against the defendsnt In this couniy, and anyone who says to the contrary speaks sn untruh.' Yet this man de clined, for business reasons, to make an affidavit to this fact, becauses of the condition of public sentiment. "We do not Intend to seek to 4e lay the 'rial of this cause, but we do claim that we are entitled to reasonable time to prepare for the trial. We have been making every effort to locate some of our wit- nwaans hut there are some nf them we hsve as yet failed to locate, but If we are allowed 30 days' time we can secure all of our witnesses "As for our defense, the defend ant stonily maintains bis Innocence of the crime wlin wnicn no ehnre-ed. We shell not. however, nuhlifh our defense In thti news papers as the prosecution ha pub- llahed Its s de. However, you can thirty white toward the captain's cabin. Socialists Plan Union of Radicals (Br United Praaa.) WASHINGTON. Sept. 6. A plot for the mobilisation of all kinds of radicals Into an effective political machine to be united with the American socialist party, was reveal ed here today. A nationwide cam paign to effect this union baa been started. Should the plan be adopted the following results will follow: The election of from twelve to twen ty-five radicals In congreas, Instead of one socialist as at present: the election of a score of state legisla tors and some governors, county and city officials: a great Increase In radicalism and a reform In the two major parties. o Alleged Bad Check Man Caught 3. R. "Chief" lialllot was arrested yesterday at Salem charged with passing a bad check for the sum of $20 on the C J. Hreier store. Hal ing as the first clue to the direction Labor day and about 250 of them he took. (were watching baseball game be- Roy Gardner, super bandit 1 freeUween two prison team, again. With governmont launches i , . sjdner. Impyn and Bogart had patrolling tho water all about Mo- contrived to seat themselves togetner Neil's island and posse combing at the extreme edge of the crowd. Olympic peninsula Gardner still en-1 Plans Carefully Laid. ' Joys his liberty after a sensational I Thoy had evidently made careful and daring escape from the federal j preparations for the attempt and prison. Gardner's escape Is believed, timed their movements to the second, to have been planned for a long time -They waited until a tense point had and during an exciting period of the, been reached In the ball game and ball game yesterday, he made hia ; then suddenly bolted. Gardner waa 1 dash for liberty. Accompanying hlm the fleetest of the three and reached In the attempt were Everett Impyn and Lawardus Bogart, rormer sol diers, sentenced to life for an at tack on an army nurse at Camp Lewis. They had evidently arranged and limed their break and Gardner with a pair of wire pliers stolen from the tool house cut the wire fence and went through. Impyn and and no gart drew the guards' fire and Gard ner made good bis escape. He Is believed to have escaped to the mainland, and government launches are patrolling the waters around the Island nnd searchers are guarding every cove where the fugi tive may be. There Is a possibility that he may still be on the Island, although no trace of him has been found. It is generally believed, how ever, that he reached th Olympic peninsula Just lo the west. Impyn Is Killed. s SEATTLE, Wash.. Sept. IS. i:n der the eyes of Herber II. Volaw, superintendent of fedeial prisons and brother-in-law of President Harding, three convicts In the Mc Neil Island federal penitentiary to day made a dnsh for liberty, with Ihe the barbed wire several yards in ad vance t his companions. He had stolen a pair of pliers from the prison, tool shop and whipping those from his pocket, be used them so quickly that he cut an opening through the fence before his escape . was noticed, the prison official stated, . Impyn and Bogart had scarcely got sway from the crowd before the guarda aaw them. In an Instant pan demonium reigned. Half a doicn i guarda opened fire on the fugitives while the rest of "' officers directed their attention I plng in check the prisoner, mat., n whom, seeing the gap In tho fence started to surge toward It. Impyn and Rogart fell at the very threshold of liberty but Gardner wormed bis way through the hole In the fence and sprinted for the woods, braving a fusllade of bullets from the guards' guns. Tt Is only a short distance from Ihe baseball field to the wood and Gardner quickly disappeared. Several of the guards believe Gardner was wounded In his dash across the field but the majority are result that one Is dead, another Is : of the opinion that he escaped wa llet has been employed In Hosehurg . . rf . . lio tlvlfl. Hov Continued on Psae HU.t for a number of wee!.s and during ,, M J . i , i i saa the summer was a popular player In the twlllaht league. It Is charged that on Friday he purchased articles at the Hreier store and tendered a check In pnyment. The check upon presentation to the bank proved to be worthless and was rejected. Sher iff Starmer was notified and suc ceeded In having tho man raptured In Salem, where he I now being held. Arraignment of Woman Postponed Sherijj Does Not Fear Vio lence to Prisoner From Residents oj Douglas Co. tfly United Press.) Apparently In an effort lo cause Injury and so far as any other v!o the officers to believe Dr. Brumfleld nre Is concerned I do not believe to be In danger of being lynched In lhat ,,, wMl b. 0ne lo harm order to strengthen their chnnce for, nI Th. ., . ,., .nunlr .r. rhsng of venne. Attorneys Rlce . .i,,in-. Thev are wlllii.a to al- 8ALEM. Sept. . Delay in the remand Orr.nU. yesterday appealed to , th ,aw , uk. , MurM ,nd turn of Justice or tne reaco i.nrun neriii starmer lo aounie me joira i hle )u doolslons. Taking affairs caused the postponement of the i about the Jail and qno:ed from a tBto th,r own n,nd, is not to be scheduled arraignment of Mis. Alma letter purporting to he from a p-rson IDBCted louise v urte iwrsr, ivii-iviuwciiiiniii mniuq utfirc vm husband murderer. The woman, party,," which, according to the let who" Is In iall here, declares that all'ter was scheduled for last night. she wants Is Justice. to her storr of the murder of her I hands of the populsre of Douglas. "" .Ti "There have been other cases where the popular prejudice and bias She sppears Gh.rlff Starmer refused to Increase hve been as trong. Douglas eoun urbed by thel.he g.srd. slating that the prisoner tr h.. k. I a iu'S ""---,, ,-.,..1,1 trial nan that the derense win oe 3doe h.d Tin this county. Btnlghi.r ;,ad"-?hB; Affidavit of Vraser. reeogalaed by law and within the m.trlet Attornely Neuner. In an ethics of Ihe profession, affidavit Supporting the contention. "When the case comes on for trial ? be bid ex.mlned carefully the w. will present our ease, and not (Continued oa page !. ntll then. husband, which she said was Incited through his repeated threats to kill her. She will be charged with first degree murder. county. I l'nce was offered In those cases, and I V... .V. .. mHmmim In I QO not See WOf 11 BnOUIO. DW w- a ana uuiiuii " I , . the nennle of this county." Sheriff . "" Starmer stated todsy. "I do not be lieve that the prisoner is in any dan ger of violence unless It should be 'As to the three's that have been made practically all of tbem have been from the oatslde. I have re- tV. a A tkanfnad district nBHP- i.i.n'jari ih. u k church is i .1 iha h.nd. of Boms crank, who has t reived a number of letter threaten expected In Rosebi rg today and will allowed tbl affslr to work upon bis Ing th life of th prisoner but prae hold the quarterly meeting tonight ' mind. tlcallv all of them have beu from at t o'clock. He desires lhat all "We are taking the ordinary pre-1 Portland aad non bavw been frosp ' official of tb church be present. cautions to protect him from uch Douglas county."