Thursday
sSS::' ! Which is Included Die) Evening Newt and The Roieburg Review '
tornOSEBtn'JKEVIEW. ( ''fWa ROSEBl'RG. OREGON, TtTCRSDAi", OCTOBER 20, 1981. VOL. X. No. 844, OP THE KVEM.NO NEW.
YlTl fn? H1 TTQ TT TTQ n TrTi (Til TliTTTT? jfiilV?
LUU
IN THE
DECREE WITH
PENALTY
Inuafield Must Pay Own Life
sell Wife Collapses When
Brumfield Calmly
Efflll
"Guilty of first degree murder as charged in the indict
ments," was the verdict rendered shortly before twelve
o'clock last night by the twelve men who heard all of the
testimony in the Brumfield murder case.
With the returning of this verdict Brumfield is almost
Handing on the steps of the gallows, the penalty of the of
fense beiner death.
The verdict did not carry with it any recommendation
for life imprisonment but on the contrary carried the phrase
"without leniency." First degree murder in the state of
Oregon is punishable by death only unless the jury makes
wme other recommendation. '
The Brumfield jury deliberated just three hours and
one half. At seventeen minutes to twelve o'clock when
they filed back into. the jury box to announce their verdict
they appeared tired and worn and when the judge asked if
they had arrived at a verdict, nearly all of them spoke up in
he affirmative. . .
J
STRAIGHTCTT VERDICT
The rerdlct rendered by the
I J" l evening In the Brum-
field murder cue was straight-
tot. and evidently there was no
! ?onbt ' the mind of a single
T ,nr,r that the defendant was
I """'We for the crime oharg-
M. The twelve men first voted
e ? hetnr or not the body
nd In the wrecked automo-
1 12 w" ,h of Dennla Russell.
lai n twM iU. .
waa unanimous
7 "t the mutilated body was
ft ttan th8t 0f the dead
J!?"" 0,8 lurT discussed the
eriaeiMe from every standpoint
u.,, "", consideration tbe
Jcrtny Jhlt h&d bI, ,ntr-
n. n " anow tnat
hi rUvfJ"ld w" " Af-
7.u h """"on on this par-
wll ,ri.polnt of ,n ote
hr the tweIv to
,h ""nient of each
S.?.r""d t0 tn sanity
uSd '" They .11 de-
to thi. .!.7M "cording
v"d''I,c nd oted.
rw-M, r dlMU,"on followed
aTtorfJ C "ery of the
i.J 1 wn 0I over after
son. . ,w" men aat for
thoMM t i" ,U"" ,lnd ""'OX"
"tJ on 1h,ort'' a final
of ullt or Innocence
tfi.7', cca"'1 ". Shortly
,..? 'ock each Juror
S.J,vnd, "p of paper on
or Innl" WM t0 Trl,e "t
ta, wmbl"t o and read by
I-,.;" "r. Kicnara Olmore of the Jurors were id aimoai
""arnoid. Tha twelve men bad a ondltloo. and the strain was
FIRST
DEATH THE
WAS VERDICT
For the Slaying of Dennis Rus.
Informed of Verdict
Walks to Cell.
had unanimously agreed upon a
verdict of first degree murder
without any recommendation of
leniency.
Crowd Awaits Verdict.
Soon after the Jury retired the
crowd began to gather In the court
room and on the lawn outside to
learn the fate of Dr. Richard M.
Brumfield. Many of them had been
there since early morning, bringing
their lunchea with them, and dash
ing over early In the evening for a
hltn to nt. Included tn the crowd
were many men who because of their
dally labors were unable to - atieno
the trial, but were taking occasion
during this night session to get tneir
share of the thrills furnished by the
biggest criminal case In the history
of Douglas county.
No Change In Brumfield.
Throughout the afternoon and
evanlnz no chance could be noticed
In the countenance or demeanor of
the nrlaoner. He tu the same cold
hard, adamant, expressionless as an
Inure of stone. If one could look
hrk through thk pupils of those
black piercing eyes and read what Is
written there then he would know
whether Dr. Richard M. Brumtleia is
miitr of the horTlbhe crime, or
whether he Is the victim of one of
the strangest adventures that ever
befell a human being. The Jury of
hia peers said he was guilty.
Juror Exhausted.
Fred Psrlrer. Sr.. one of the twelve
men choMn to decide the fate or ur.
Rrumfleld. became so exhausted as a
result of the severe ordeal he has
gone through during the past few
days thst at I SO a cot was brougnt
In for him to He down upon. 8everal
ore of the Jurors were In almost as
TAM INNOCENT
Brumfield in
"I am innocent," said Richard Brumfield, the con
demned murderer, when he was awakened from a sound
sleep at eight o'clock this morning.
Sheriff Starmer appeared at the cell door and asked the
man if he had a statement to ma1e to the newspapermen.
Brumfield raised up in his bed, rubbed his eyes and
yawned.
"Yes, I'm innocent. Even if the whole world con
demns me, in the eyes of God I am innocent hut I am not
afraid to meet death.'
This was the first statement made since the man re
ceived his verdict of guilty last night. A News-Review
representative stood at the cell door and took his state
ment in shorthand. It was as follows:
When asked if the verdict was a 6urpri.se to him, the
prisoner answered:
"Well, I will tell you. I am just as innocent of that as
anybody could be, but I wasn't surprised at the verdict, be
cause I wasn't able to help my lawyers, and the evidence
was as damning as could be, but just as sure as there is a
God in Heaven, I aminnocent.
"If I thought for one minute that I was responsible for
that man's death I would have said so. I say now I am
innocent, and I will always say I am innocent.
"I am not afraid to die for this thing, but that doesn't
make me guilty,
"I know the story I told sounded like an awful wild
one, but they are the only facts I know."
The condemned man was still in bed this morning at
8 o'clock when he made this statement. He talked in a
natural voice, and seemed no more nervous than if it had
been nly a verdict that required a ten years' sentence.
lie said he slept fine, but
which he said he had contracted from his wife.
When asked by the sheriff
fast, he said, "Just as you say,
Ihen he asked: What time will I see my wife, Sam?
"I don't know what time she will be down,' was the
anser.
"I am afraid she won't be
the prisoner, remarked. "She
When asked what he wanted for breakfast, he said:
Uh, just the usual thing, Sam.
And do you want somethinrr for vour sore throat ''
he was asked.
"Oh, no, it will get alright. I'll fix me un some salt
water after while and gargle
And you slept prettv well last night?"
"Oh. yes. Fine." '
telling heavily upon all of them.
Ready to Report. .
The Jury announced to the bailiff
at 11 :25 o'clock tha: they were'ahora apace of time he was deeply
raadv to resort, hav nc arrived at a ,
verdict. The ballllf at onoe notified
Judge Bingham and the court at
taches and court was In seealoa with
in twenty minutes to receive the
Jury report.
The courtroom was orowaed to
capacity when the verdict was reed.
Jury Itotlrre to Dfillberate.
Following the court's Instructions
the Brumfield Jury retired to dellb-
erste on the case at 7:47 o'clock last
night. They did not return to the
courtroom at any time for tnstruo-
tlons and within three hours and a
half had all agreed on tbe Turd lot
of first degme murder without any
recommendatlone.
Brumfield Own to Cell.
The defendant talked to his wife
only a few minutes after the Jury re
tired and then told her that aha had
hot tor go home and get some sleep
She assented to the proposition and
he turned to hla guards and ssked to
be tskeo to the fU. He waa In a
cheerful mood as he was led down
the "stslrwav of sorrows" to his
cell and talked about topic other
than the murder trial which has had
the entire community on the verge
of nervous breakdown for tbe past
few months.
One In tbe call ha proposed to his
fellow prlsossrs tkst a tea eC
. n n: n
complained of a sore throat.
is he wa6 ready for break
Sam."
able to come down today."
was pretty sick last nicrht.
that."
1 card a ISa Indulrnd tn. nrnrtitflld
1 took off hla eoat, pulled up a table
' aal mi . -.A t A.im 1 .
land atarted to deal the carda. In a
interested In tne game ana apparent-
ly had no concern In the faot that
twelve men wer sweating and argu
Ing In a nearby room whether or not
to ansa out his lire.
The gsme of cards continued until
about 11:80 o'clock, at which time
the Jailer reported to the prisoner
that the Jury waa roady to announce
the verdict. Brumfield amlled to his
fellow prisoners and said: "Well
boys, we'll bsre to postpone our lit
tle game for a while." He got up
from .the table, combed hla hair
brushed his cost snd snnounced that
he waa ready for the big performance
In the courtroom,
As h was led from the Jail s few
rsln drops were spattering down on
the sidewalk. Brumfield raised his
eye to the hesvens and said,
didn't know It was raining." He
made some other eaaual remark con
oernlng the weather and that
all. He ssld nothing about the ran
nothing concerning the possibility of
his being hung, and was still the
same cold, ellrnt defendant, deflan
to the very last
As be ontered the courtroom he
gave the large crowds a psslng
glance, looked towards the Jury box
ht.h ansLalned twelve amntri
osiainso
shalrt. He waa aeatea ana me two
getrds pulled their thalrs elos to
Says
Statement
him. He said nothing but once or
twice looked anxiously towarda the
door through which the Jury had dla
anpeared earlier in the evening. His
mouth was curved downward at a
slight degree, his eyes were glassy
and hia hands clenched.
Jury KiiK'in.
Judge Bingham called tho court to
order and the Jury filed in.
Brumfield was alone, none of his
family having arrived on the acene.
The Jury filed past the man and
before the last of the twelve men
had been seated the foreman, W. K.
Cllngenpeel, handed the verdict to
the bailiff, who in turn handed tt to
the Judge. ,
Judee Blnchnm glanced at thr
verdict and handed it to Clerk Rid
dle with Instructions to read It to
the dafi'tidnnt.
During those proceedings a hush
fell over Iho courtroom. The spec
tators were visibly excited. Brutn-
n.'lrt watched the JudKe closely dur
ing the tlnio ho was peniHlng the
verdict and when It ws banded to
the clerk he leaned forward slightly,
placed his hnmln on the table In
front of him and clenched them.
Vertllrt First IKfcro.
And then the verdict, which will
send the polished Richard Melvln
Brumfield to the gallows, was read
lu oien court.
The condemned man slumped
down In his chair as though s'ruck
a heavy blow. Great beadB of sweat
stood out "on his forehead.
Mrs. Brumfield entered the room
Just as the verdict was finished. . She
did not hear the words which will
take from her the man who Is the
father of her three little boys.
For the first time since the trial
atarted Brumfield did not lump to
his feet and courteously escort Ills
wife to her chair. He was oblivious
of all his surroundings and did not
know of her presence until she spoke
to him and smiled. She was still un
aware that the verdict had been ren
dered.
Courtroom Is Silent.
For a period of time which seemed
like ages, a silence prevailed In the
room. Mrs. Brumfield looked sroiind
Innulrlngly as If to ascertain the
esiiao of the delav. Her husband was
like a stnttie. His black, piercing
eyes were fixed straight ahead.
A rav of hope was still sMning in
the face of tho woman who hns held
up so bravelv during the fesrfiil or-
denl of the Inst two weeks.
The eves of everyone In the court
room were upon the eouiile and then
Brumfield gathered himself tnpether.
leaned towards his wife and said two
words: "First derree "
Spirit of Wife Broken.
Momentarily she shrank back as I'
he had been slnpncd In the faoe. She
llnned down In the chair and the
gtiarda started to assist her. Her
eves were brimming with tears. She
lid nothing to her condemned hus-
bsnd hut seemed to be In a trance
nrtimfleld turned and looked to
wards her. Seeing her In tears, he
leaned over and kissed her, the first
kiss she has received from his Hps
since his return to Hoseburg from
Canada. It was then that she broke
down completely. She placed her
head or. Ms shoulder snd sobbed a-
though her heart would bresk. She
said nothlnr. but It was plsln to be
seen that the lat rav of hone hsd
heen dashed to bits with the news of
the "first degree" verdict.
pfiss Sentence Sntiirdnv,
Judge Blnrhsm then announced
that sentence would be pined on the
convicted man on Pa,tnrdny morning
st t o clock
t'onrt was then adjourned until 9
o'clock this morning
B this time the reletlves of the
fsmllv were on the pisiform ronsol
Ing Mrs. Brumfield. No one ssld
snvthlnr to the condemned mur
derer. TTe turned to Ms guards and
In his eves wss a plea to be taken
his edl. He kissed his wife affec
tlnnatetv snd walked from the court
room with the two guards close by
his side.
Apparently rnconcrmed
Down the stairs he lumped The
guards tried to n"in eim ear
He
seemed to be unable to slow up and
JUDGE BINGHAM'S IN
STRUCTIONS TO JURY III
BRUMFIELD MURDER
Covered Over Twenty fge. of Typewritten Matter and Wart
an Exhaustive Sumaary of the Jury's Duties One of
Six Different Verdicts Could be Rendered. ,
Judge Q. 0. Bingham started hla
Instructions to the Jury at 6:40 p. m.
and had read over balf of It at the
tlmo the evening recess was taken.
The court convened again at 7: SO
p. in. and at that time the Judge com
pleted the. Instructions and the Jury
eotlred to deliberate on their verdict.
The Jury instructions covered over
twenty typewritten pagea and col
ored every phase of the famous case,
outlining clearly to the Jury the varl
oua verdicta which could be returned
and defining the legal phases.
Must Prove Three Allegations.
The material allegations contained
In the Indictment which the Judge
ruled the stare must prove were aa
followa:
First, that the defendant killed
William Dennla Russell.
Second, that the killing waa done
and the crime committed unlaw
fully, feloniously, purposely and of
deliberate and premeditated malice.
Third, mat tne crime was commu
ted In Douglas county, state of Ore
gon, at any time prior to this Indict
ment. Murder In tho first degree, murder
n the second degree, and manslaugh
er as relating to the charges In the
Indictment were fnlly explained.
Insanity Defined.
The Judge Instructed the Jury that
the defense of Insanity Interposed by
he defeneo was perfectly legal and
that It wl the duty of the Jurors to
consider the evidence Introduced to
that effect and tending to show that
the defendant waa not responsible
for'hls acts.
The definition of the eonrt con
cerning Insanity waa as follows:
"Insanity, to excuse crime, must
he such a disease of the mind as
dethrones reason and renders the
person Incapable of understanding
the nature, quality, and consequence
of his act or of distinguishing be
was undoubtedly anxloua to get back
to his lonely cell. As he walked out
Into tho open from the courthouse,
he paused an Instant, looked at one
of the guards and ssld:
"So that's the verdict, la II?"
Half way down the walk to the Jail
he turned -to fbo guards and said:
You needn t hold to me like that,
boys. I'lr go along a'l rltht.
The big Iron doors to the Jail were
unlocked and the man walked to hla
cell. As he entered the cell the two
prisoners there looked up st him In-
nulrlngly. Brumfield walked past
them, took off his eoat and aald.
First degree, boys."
"First degree?" repestea one or
the prisoners.
Yep," answered nrumtleld.
i Joes to Ited.
The two prisoners In his dell were
then taken upstalra and the deputies
searched the cell thoroughly. Tnev
went through all of the prisoner s
bedding and clothing In the search
for firearma. poison or anything with
which he might harm himself. Sev
eral bottles were picked up and car
ried ontalde.
Brumfield placed his cost and vest
on a hanger and brushed them. He
then rolled back the blankets on his
bed and arranged the pillows. He
sested himself and atarted to undress
for bed.
Sheriff Starmer alammeu the door
shut and aald, "Anything you want
Doc?"
Brumfield looked nn and sa'l,
"No. Sam, I'm fixed all right."
JtlMV HKIM NOTK.
TOKIO. Oct. 19. .tansn aent
nc Shantung note to Chine today
with a view of clearing up vague
polnla In the controversy. No new
concessions ware contrlnsd In tbe
note.
U L
CASE
tween right and wrong In relation to '
such act. It Is not every eccentricity
of mind, however well ee'abllahed,
that will excuse the commlaUen of aa
act otherwise criminal."
Brumfield Competent Witness.
He Instructed the Jurors that
Brumfield was a competent witness. .
In hia own behalf and that hla teaU
mony must be weighed the same aa
that of the other wltnessee In tba '
ease. , -,j
OnUlnea Verdict. . , .
The concluding paragraph! of tbe
Instruction! were aa follows!
"The law of this atata provides .:,
that 'Every person convicted of mar-r
der tn the Brat degree shall be pas
ished with death, except when the '
trial Jury shall in Its verdict recom-,
mend life Imprisonment, In which '
case the penalty shall be Ufa lmprls- i
onment. - f,
"So, gentlemen. If yon are satisfied -beyond
a reasonable doubt that the '
defendant la guilty of murder In the
first degree, you should take this
provision of the law Into considera
tion In returning your verdict.
"This Is a criminal case and It la
essential that all members of tbe
Jury agree before a verdict can be
returned. When the verdict Is re- .
turned, all members of the Jury must i
agree with It. and It will be euffK
clent If It be signed by the foreman.
"In this case you are Instructed to
return any one of six verdicts, forms
of which will be furnished you:
"First, guilty as charged In the In
dictment. "Second, guilty aa charged In the
Indictment with a recommendation :
of life Imprisonment.
"Third, murder tn the second de
gree. "Fourth, guilty of manslaughter. J
"Fifth, not guilty on the ground
of Insanity.
"Sixth, not guilty."
Americans to Try
to Kill Alliance
frlr Onltea rsat ;
WASHINOTON, Oct. IS. It are
learned today that the American
delegation to tbe arms conference
will seek to kill the Anglo-JaDaaeea '
.ui, n.. i'r,uA a..iu t...
..
opposed this pact which It eoasldera
a menace.
1 0
Peace Agreement
Expected Soon ,
iBr OnreX Press.) -WASHINOTON,
Oct. It. Ratlfl-'
CaQon of the German peace) pact
seemed assured today with a good
margin of senatorial votes. If tha
senate approves the pact only the
exchange of ratification resolutions
between the two governments will
be necessary to restore permanent
peace and commercial relations.
TWO MKX AltK imoWVKD.
ABTOUIA, Oct. 1. Two men.
Joe Corrtgan and Oeorge Hlckle are
believed to have heen drownd, when
their car plunged through the craw
of the Lewis and Clnrk liver bridge.
Three of the passengers In the ma
chine were ssved. The car was trav
lllng at a high rate of speed and
skidded from the bridge Into the
water ss the draw opened to allow
the steamer Coqallle to pass.