mwtm
Mews-Mi
viEwn
A Newspaper .
with a Circula
tion and Friend
la Which U Included Ine Evening News and The Roseburg Review
vvrv. N
BOSEBtma, OREGON, WEDNESDAY, tKTOBEK 3. l2l.
VOL. X. No. 231, OF THE LVENTN'Q HEWS.
5 'iS, !,
nil
POSTPONEMENT OF MURDER
CASE OVERRULED BY ACTION
OF CIRCUIT JUDGE BINGHAM
Selection of Jurors Started at Once One Hour and a Half Con
; sumed In Examining Three Men-rTwo Excused
Rmmfield Presents Daooer Anneai-ance.
There will be no more delays In
U, murder trial ot Dr. Richard Mel
da Brumfield.
Judlte 0. G. Bingham decided to
ti: effect this morning when he
irtmiled the motion for postpone
ment filed yesterday by Dexter Rice,
ant of Brumfieul's attorneys. -At
promptly 9:50 o'clock this
morning. Dr. Ilrumfield was taken
from hi cell and escorted to the
eonrt room where he will face trial
for life for the alleged murder of
Mania Russell. Sheriff Starmer had
ill arrangements for Brumfield 's
Itird completed this .'mowing and
William Kepper and " Dcpffiy "Two
flun" Hopkins marcaed at the side
it the prisoner as -he was lead
tiroaxh the.courthouyo halls to the
drrait court room. Both Kepper and
Hopkins appear to be of husky Jan lid
lad undoubtedly will He a very ef
ficient guard for the man who claims
to li subject to memory lapses
Had Xeat Apiiejirurfce.
Long before the time scheduled
lot the start of the trial the bench
tvmerc began to arrive and by ten
'dock very few seats in the court
room were available. A majority of
l audleace at the morning session
toatUted of old soldiers and women.
Ai the hour of ten approached a
trowd began to gather at the jail
door to get a glimpse of the" famous
prisoner when he was led forth.
Dr. Brumfield maintained tho
nine Beau tlrummel appearance to
dy which is so familiar to the towns
people who remember this talented
dwiust. When he stepped Into the
brunt lunlUht from the dark Inter
ior of the Jail, the doclor blinked
li syes and waited to be lead to
th sidewalk. He looked to neither
Ids ind his Jaws seerAVd to be set
od his teeth gritted together. He
re a dark blue suit, blue necktie
ntn an immaculate white collar
Jd lils dark, shiny hair was brush-
back as neatly as could be. In
Brumfl!d's appearance this
-''og was nothing unusual. - It
k I i at anne would expect
ta 2..whB had KJown.hira -rlor
l trln to Canada.
Was Xt Worried.
TW prisoner walked with a steady
room I. i"""1 '""'In the court
Wdh ?,Td hany over the
r and ,Paf(.d hm.eIf
,V ,'h Intently and
WnJ", iDtei in the pro
.lLn" .,n V" . His outward
n and lowed no trace of wor
fcs !"? Ll,p"" of ""n"ry, his
.., uiuwn and his
clear and bright.
eyes
swsonii . " conc"M wh his
l"k,unPearan;e- "dJusted
Wth r,:'' m"hed back his hair
fwiail, examined his fin
'r p1.- ?rnn''M Enters.
Brumfield had onlv been ...t.
appeared on th. oi..
de7.n.P"nM lnto ,h' "" r
,Bd 7'" 'torneys. DexU, Rice
tked k.', ZV- Mr- "rumfleld
"losldti . J1"" """onately on the
Cd M "m""d P'-'ntly. She
Br.mn.T " " him. but
MdaaM n"a nl h'l. smiled
' and M ark' wa,kml round
k- .' Th,T did not look si oArh
ItrT. !tor'"' md some Joeu
I" l.h d "ey
it eor;::' i.,na enM ,n
4!ippo.r 0 Hopkins, til
ttt ""lr balrs closer to
"teJ iZ .. na Sh,,rlf Starmer
A,," I"",r M""- Brumfield.
. J I",t,, Object Inn.
W ...V n,v to "" him so
Hriff. 'orney RCt to the
,-rlft "tnod un and walked
a conference with blm. Rice con
tinued to state that he "could see no
reason why the guards should crowd
so close," but the sheriff could not
be convinced otherwise and the
guards maintained their positions.
Appearance of Wife
A comparison of the appearance
of Mrs. Hrumfleld with that of her
prisoner husband would lead anyone
to beliove that It was she who Is on
trial for her life instead of the neat
appearing Individual wbo declares
that he did not kill Dennis Russell.
Mrs. Brumfleld's eyee look tired.
Beneath them large black circles
have appeared and there seem to be
no color In her face. Instead of the
usnal peach pink oa her cheeks a
sallow yellow has taken Its place.
Many In the courtroom commented
on her bravery and faithfulness to
the man who is the father of her
three little boys. 'This morning she
was attired in a near gray tailored
suit and wore a blouse which ruffled
about her neck.
Dr. Brurofield's three little boys
were not In the courtroom an will
probably not be taken Into the court
during the trial.
Court Convene.
At promptly ten o'clock the cir
cuit court of Douglas county wa.
called to order.
Attorney Rrce announced to the
court that the defense had filed a
motion asking a poRtponfnent of the
trial until October I4th. In order t
secure the testimony of Dr. Mahood,
Calgary elf phyclslan. who exainlu-
ed Brumfield at the time he was in
carcerated in the Calgary lall. At
torney Rice stated that tho post
ponement was not asked for the pur
pose of delaying the trial but urged
Its acceptance In the Interest of Jus
tice. He declared that Dr. Mahood'
testimony was vital and important tr
the defense and that the doctor
could not see his way clear to come
to Roseburg until October 24th, ow
ing to a three weeks engagement
during the first part of this month.
"We've done everything In onr
power to bring this Important wit
ness to Rosebarg at the present time
but he has repeatedly wired to ue
stating that It would be Impossible
for hlni to appear until a later date.
The friends and relatives of ur.
Brumfield have raised the necessary
money to bring this witness and ae
tho state has denied us the light to
take his deposition It will be neces
sary to have him here in person.
Neuner Argues Point.
District Attorney Neuner, In ans
wering the defense's jnotlon for
postponement said: "Your honor, we
have filed no counter motion to the
defense motion as we cannot find
any statutory ground upon which
the defense expected such motion
to be granted. The motion Is very
cleverly prepared and the state can
see the object of U all. but there is
not one scintilla of evidence accom
panying the motion to the effect
that Dr. Mahood's testimony would
be of such value to this case that a
postponement could be expected
There is no statement In the affidav
it that will snow In Mahood's opin
ion thuf Brumfield was Insane In Cal
gary. Naturally we refused to take
a deposition from Dr. asanooo
for as the defense presented the mat
ter to us. It was merely a matter of
dollars and cents.
"The state was not served with
any notice that such motion would
be filed and we went ahead and sub
nnxnul siitv wltnesevM. seven of
them from without the boundarlee
of this state. These witnesses have
all been summoned.
" Four physldans have made sev
ni trinm in iha county Jail to ex
amine Dr. Brumfield and there tr
nothing lo prevent the defense rrom
asking them the hypothetical ques
tions he woutd undoubtedly pro
nnnnd ta the Calgary physician.
For that reason, your honor, we
. n mod reason why this
mnilni should be granted. There
la ao law compelling the attendance
Freight Rate
Increase Denied
:(By Associated Press).
WASHINGTON. Oct. 5 The
proposal ot the railroads to In-
crease the transcontinental
freight rates on lumber and
forest products from Oregon,
Washington and Idaho, to 1
Paso, Tecas, by the rate of 26
per cent, was beld to be not
justiaed by the Interstate com-
merce commission today. The
commission also refused the
4 railroads' request for an In-
0 crease In lumber rates to and
from intermediate points
amounting to 33 1-3 per cent.
The 'rates have never been in
effect, having been postponed
by the railroads pn June 1 and
suspended by the commission.
of any witness who resides beyond
the boundary of the state and we
have no assurance that should this
postponement be granted that Dr.
Mahood would attend this trial at
some future date. It Is absolutely
preposterous to ask for a continu
ance on such a flhnsy motion.
Rice Makes Answer.
Attorney Rice was on' his feet In
an Instant following the close of Neu
ner s argument. He stated that Dr.
Mahood's testimony was extremely
Important In this case as the defend
ant was on trial for his life and that
the testimony of the Calgary doc
tor would show that Brumfield was
suffering from a hallucination and
delusions at the time he was kept In
the Canadian jail awaiting the ar
rival of the Douglas oftclals. He
quoted portions or his affidavit con
tending to establish that point
"We do not want to delay this
trial." said Rice, "but In the Jnterest
of justice we sincerely believe that
a postponement Is absolutely necea
flaxy.
Motion is Overruled
Judge Bingham In commenting on
the motion said: "I presume the mo
tion filed is the same one which ap
peared In the local paper last night.
I read It. In the motion there Is no
iteftnltn heaaon a ven explaining wny
Dr. Mahood could not come to this
trial at this time. He states that he
has an engagement and we do not
know whether it Is business of pleas
ure Being beyond the Jurisdiction
of this state this court has no as
surance that be would attend snoina
. owtiuinement be granted the de
fendant. The motion Is therefore
overruled."
TwaIva Xiinies Drawn.
The selection of the trial Jury
started at about 10:30 o ciock. . htk
Riddle drew the following twelve
names upon order of Judge Bing-
bHarry I-arkins, C. L. 8trong, Oeo
Hall M H. Pavne, Walter O. Goates.
H E Kruger. Jesse 8. Clayton., R. B.
Way, Amos B. Crlpp. J. A. Jacques,
.a r w Hartshorn.
They were sworn In to be examin
ed.
The court announced that the de
fense would be granted twelve per-
mntorv balleres ana me
i six. The attorneys, however, can
challenge for cause as msny men
they desire.
Indictment Is Read.
aitnrnev Rice read the Indictment
-barging Brumfield with first degree
murder to the twelve men and then
read the names of the fifty-two wit
nesses contained on tne innicimciii-
He asked the Jury to pay sirici at
tention to the names to ascertain
whether or not they were acquainted
with any of those listed.
First Man Examined.
Harry Larklns. of Oaklsnd, was
the first man examined. Rice asked
the prospective puror his place of res
idence and was Informed that the
man had resided In the Oakland dis
trict for the psst thirty yesrs. furth
er questioning revealed that Lar
klns was not acquainted with either
the defendant or the murder victim.
Dennis Russell. He stated that he
was a constant reader of the Journ
al and the Roseburg News-Review
He said that he had read nearly all
of the newspaper articles concern
ing the Brumfield case but that he
had not discussed the case a great
dtal with anyone. The defense ask-
irkins If he was a patron of the
Pearce harness shop and the man
answered In the negative. n u
.i.. h he nossessed an opinion
as to the guilt or Innocense of the
defendant and that the opinion was
fixed one which would requlrj a
rreat deal of evidence to remove,
u. ..m that his opinion would In
fluence Blm to some extent In the
event be was selected as a jure.r
He said he had no bias against so
Continued on Page BU )
linn
'SICKLE JO BE
ARRAINGED TODAY
Will Answer to a Charge of
Manslaughter Growing Out
of Death of Miss Rappe,
ARREST IS PLANNED
Prohibition Authorities Arrange to
Arrest Arbuckle fur Alleged
Violations of VoKtead Law
Upon His Arrival.
ny United Pres..)
SAN FRANCISCO. Oct. 6. Fatty
Arbuckle will probably be formally
arraigned late today or early tomor
row on a manslaughter churge grow
ing out of the death of Miss Virginia
Rappe. beautiful motion picture ac
tress. Fatty will probably not attend
the arraignment. The prohibition
authorities meanwhile are trying to
answer the question, "Where did
Fatty .get the liquor? It has been
promised that three men will be
charged with violation of the prohi
bition law In connection win tne
case. The officers refuse to say
whether or not one of these men will
be Arbuckle.
Fatty to Br' Arrested. .
SAN FRANCISCO. Oct. 4. Ar
rangements have been completed to
arrest Roscoo C. (Fatty) Arbuckle,
motion-picture actor, for alleged vio
lation ot the Volstead prohibition en
forcement act. when he arrives here
from Los Angeles tomorrow to an
swer to a manslaughter chaVge In
connection with the death of Miss
Virginia Rappe. motlonplr.ture ac
tress, Robert Hv McCormlck. assist
ant United States attornev-general
in charge of prohibition prosecu
tions, announced today.
Two others will be arrested with
Arbuckle on the same charge. Mc
Cormlck said. He declined to name
them.
The announcement resulted from
the alleged delivery and serving of
liquor to the party In the Hotel St.
Francis, In which MIrs Rappe was
said to have been fatally Injured,
supposedly by Arbuckle.
McCormack said that the liquor
source was traced to a still on .Ma
nila street, a few blocks from the
hotel, but that whon a federal raid
of the grill was arranged, "It was
tipped off by someone In the office
of E. Forrest Mitchell, district fed
eral prohibition enforcement offi
cer." "We are trying to find out who
that someone Is." McCormack snld,
"and see that he Is prosecuted."
Southard Defense
Struck Hard Blow
(Fly United Press.)
TWIN FALI,H, Idaho, Oct. 6.
Mrs. Southard's claim that her
fourth husband, Edward Meyer, died
of ptomaine poisoning from eating
canned corn, is to be disproved to
day by, the prosecution, it was
learned. The statu attorneys, it is
claimed, have found a witness able
to testify that no canned corn was
being served at the Blue Lake ranch
at the time Meyer was taken sick.
This is expected to be a crushing
blow to Mrs. Southard's defense. ,
Revenue Jobs Not
Under Civil Service
WASHINGTON. Oct. 4. The In
ternal revenue commissioner has ad
vised Senator McNary that many of
the Important offices under Collect
or of Internal Revenue Huntley are
not covered by the claaslfled civil
service and that these positions may
be filled without reference to the
civil service requirements.
Evans.Found '
to be Guilty
(Ttr As"''!te4 Press.)
Til K DALLES, Oct. 6. A verdict
of guilty was returned by the J-irv
trying Abe Glvena charged with the
murder of James Dorsn who was
killed on the road west of here while
Does Not Expect
Strike to Materialize
(By United Press.)
CHICAGO, Oct. 6. A high
Union official admitted today
that there is a remote chance
of the strike of railroad em-
ployees as a result of. the vote
rejecting the twelve percent
wane reduction. "I don t be-
lieve the strike will material-
1ze." suid this official. "In-
dustrlal conditions warrant no
strike. In case the men struck,
half would become scabs and
the rest tramps. This ts.no
time for a strike." The nnme
of tliis official was withheld at
his request. Meanwhile the
Urotherhood officials continue
to count strike votes with a
complete .count obtainable this
woek.
driving Evans and a companion from
Bend.
The trial of Evans has occupied
five days, with the state attempting
to prove murder for the purpose or
robbery and the defense bringing out
testimony to the effect that the de
fendant was Insane at the time tho
deed was committed.
In hl3 closing argument. District
Attorney Calloway demanded that
Evans either be found guilty and re
ceive the extreme penally, or he re
leased. Mvers asked that the defend
ant be found Insane and his ease
placed at the discretion of tho court.
Tr. A. Mi ' Wllllnmson,.alienlst of
Portland, testified- that Evans.la Ip
Fne and to tho best of his judg
ment, was Insane at the time the sl-
leged murder was committed. Ir.
Renter snd Dr. Coberth of this city
testified that tho prlsonor Is sane. In
their opinion.
: : 0
McNary Interested
In Survey
WASHINGTON", Oct. 5. Sontftor
M.Vnru la making everr effort to
have a resnrvey by the board of river
and harbor engineers of tne Colum
bia river, for a dOO-foot channel and
. rtnn-h nf thlrtv-two feet. The dis
trict engineers of the board of river
and harbor englnoers have recom
mended a f.OO-foot channel and tblr
tv feet In depth. Senator McNary
V-as Introduced and had referred to
the senate committee, an amenumeni
asking for a re-survey and examina
tion of the Columbia to provide the
irrp-i'er depth of channel as above
outlined. '
0
Senator Stanfield
Asks to be Paired
WASHINGTON, Oft. B.-Senator
Ptanfleld will not return to Wash
InRton for several days apparently,
as this morning Senator McNary re
ceived a request from the Junior sen
ator asking that he be paired as vot
ing in favor of the Panama canal
tolls bill and also In favor of rati
fying the peace treaties now boforo
the senate.
Falls Off
Stack on Pickets
KLAMATH FALLS, Oct. G. J. W.
Kink.fHe, 22 years old, suffered an
extremely serious accident yesterday
when ho fell from a haystack onto a
fence picket, the i.ie-n of wood pierc
ing hlni In the left sldo and penetrat
ing nls stomach.
The young man was taken at once
to Warren Hunt hospital whore me
dical attendance was rendered and It
was hop'd ho would recover from
his Injuries.
Mr. Kinkade'a home Is at
Wanlland avenue.
)
2024
I IM II $10 EACH.
Bert Chance and Clarence IIIII, ac
cording to the records of the city
police court, were each fined 110 Sat
urday for disorderly conduct. The
two local celebrities engaged In a
fistic encounter near the depot and
were taken In charge by Night Offi
cer Wright, who requested them to
appear In court Saturday morning,
which they did and liquidated their
fines.
Mr. and Mrs. John nedrlck. of
Drain, moforesWiere this morning 10
spent a few hours with friends.
ft
YANKEES SHUT OUT GIANTS
IN THE FIRST GAME OF THE
1 92 1 BASEBALL SERIES
Home Teams Tangle in Errorless Game Played Before Crowded
' Stands'in the New York Polo Grounds Giants Strive
Hard to Pull Out of Hole Hits Scattered.
POLO GROUNDS, NEW YORK,
Oct. S. The Yankees lore oft the
world's series opener, today kalso
mining the New York Giant by a
scoro of three to uothing. - May s
submarine bull tied the Giants into
knots, although Frisch National's
third baseman took four Alts. Ruth
brought In the Yankee's first run
with a' blazing single but struck out
twice thereafter. McNally's steal
home In the fifth was the base run
ning feature of the game. Douglas
pitched good ball for the Giants, tan
ning Ruth twice, but gave place to
Harnes In the ninth, ilarnos being
touched for two hits.
Itaty is Kino
NEW YORK. Oct. 8. The polo
grounds were Jammed to the gates
this morning, with thousands of
bleacher fans unable to enter be
cause nf the cordon of police thrown
around the park. - Fair weather has
been promoted for today and tomor
row.-The battle between the Gotham
teams opened' with Douglas on the
mound for the Giants and Carl Mays
hurling them for the Yanks. Schang,
the sparse locked world scries vet
eran catcher, took Douglas' offerings.
Betting, Is six to flvo on either team
with fid favorltos apparent so far.
Wall street reported about two
hundred thousand to bet on the
Giants, but at last reports Yankee
money had covered this amount.
Both teams are In good condition
with the exception of Babe Ruth's
hitting mate. Bob Meusel, who Is
suffering from a slight cold, though
DRUNKEN MAX FINED.
11 ' .... 1. 1 ....... llnn.ii a rualilnllt nt
the Grove, was found by the officers
h. In an I n f r l oa I H cnndlllnll luRt
evonlng, and was asked to appear at
the city recorder's office this morn
ing, which be did.- He was fined $25
snd given a sentence or ten oays in
iail. which was suspended upon good
behavior
Sidelights on Brumfield Murder Trial ,
The Portland publications are well
represented, by aptxial writers who
are: attending the Kiumfleld trial.
Dave Kazan, editor., of "Klghlln'
Fools' and 'Incldeutly a special writ
er for the i'ortland Telegram Is re
presenting that paper. Fred Boalt.
the live-wire editor of the Portland
News Is here for his publication and
Don Skene, Is representing the Port
land Oregonlan. Mr. Skene has been
reporting the Arbuckle case in San
Francisco.
Judge G. G. Illngham. Circuit
Judge of Marion county, io was
appointed to hear the Brumfield
trial, arrived at 10 o'clock last night.
Tho Judge was up early and enjoy
ed a brisk walk about the city before
opening court this morn Ian.
sat
.ton Hsmmnrsly, Assistant District
Attorney of Multnomah county, who
was appointed by Governor Olcott
to assist District Attorney George
Neuner' of Douglas county In the
prosecution of the Hrumfleld ense.
nrrlved In Roseburg last night. Mr.
Ilammersly Is one or the lesdlng at
torneys In the stato and will give
Attorney Neuner much valuable as
sistance. The casual visitor In l!oebiirg
today would have thought that there
was a circus In town judging from
the number of people coming Into
tho city at an earlr hour. Hundreds
came In by auto hoping lo get seats
In the court room, but because of the
small number of seals available
many were disappointed.
Dr. Frank R. Menne. M. T.. pro
fessor In the department of pathol
ogy. University of Oregon, arrived In
Roseburg last night and will be an
Important witness for the stato. Dis
trict Attorney Neuner acnt Dr.
Van,, a. ulnnla rt ttlA taken
I from the pavement near the Booth
orchard, where the murder of Den
- Ufa
able to play.
The line-up follows:
Nationals Position Americana
Bums c.f. Miller
i Uuucroft ss. Pecklnpaugh
Frisch 3b. McNally
Young r. f. R. Meusel
Kelley lb. Plpp
Muusel l.f. Ruth
Kawlings 2b. . Ward
i Snyder c. Schang;
I Douglas ' p. Mays
First Inning;. '
First half Yankees at bat; game
delayed while photographers were
being chased oft the field. Mayor
Uylan tossed In the first ball and the
game was on. Miller singled Into
center, Pecklnpaugh sacrificed,
Douglas to Kelly. Ruth up. he was
given big hand. Miller scored on
Ruth's single to center, Ruth clout
ing the first ball pitched. Meusel hit.
Into a double play, Frisch to Raw
lins to Kelley. One run, two hits,
no errors.
Second half Giants- at bat; Peck
lnpaugh threw out Burns at first and
made neat play ot It, Ward took
Bancroft's roller, threw him out at
first. "Frisch singled. Mays tried to
catch Frisch off first. Mays threw
out Young at first. No runs, one hit,
no erapru.
Second Inning.
First hair Rawlins threw out
Plpp at first, Ward walked, Frisch
threw out McNally at first. Ward go
ing to second. Schang struck out.
i No runs, no hits, no errors.
Second half Kelley Hied to Ruth."
Meusel tapped a sxyoreaaer iu uis ,
brother. Rawlins was hit by ball. -Schang
threw out 8nyder at first. No
runs, no hits, no errors. .
Third Inning.
First half Rawlins took a slow
hopper and threw Mays out at first.
Bancroft throw out Miller at first.
Pecklnpaugh fanned. No runs, no
hits, no errors.
Second half Douglas lined out to
(Continued on page six.)
nis Russell Is alleged to have taken
place. The blood was examined care
fully and was found to be human
blood. -; -
The widespread circulation of the
News-Review was exemplified this
morning wher. the jurymen were be
ing examined. Every man ques
tioned admitted having followed the
case closely through the columns of
the News Iteviow. Judge Bingham
also Informed the attorneys for the
defense that be had carefully studied
ihilr affidavit for a continuance be
fore It was brought before him. hav
ing read It in the News-Review Is
sued last night.
o
Medford Daily Sus
pends Publication
The Medford Clarion, a dally paper
started at Medford a few months ago
In opposition to the Medford Mall
Tribune, has suspended publication,
the promoters finding it impossible
to opvrafe at a prtTftt. It is said noon
good authority that the few short
months the paper existed upwards ot
twenty thousand dollars had been
Invested In the plant over and above
the nniount taken In through sub
scription and' advertising accounts.
The funeral services for the late
Samuel William Bell were beld at
11:15 this afternoon at the home of
Miss Minnie Bell, on East Lane
street. Many friends of the family
were pronent and many beautiful
I floral offerings were received.
The Auxiliary to the American Le-
glon entertnlned with a party last
i ewnlng at the parish house, and had
' ordered five gallons of rider to be
left there yesterday morning. It was
inft there all rtsht. b"t within an
hour It was gone again, evidently
, mistaken Identity. The nature of Its
1l'nnearance has not been ascer
ItalnedU