: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."