10 , TIIE MORNING OREGONTAN. TUESDAY, DFCE3IBEK 22, 1903. J
III :
SELF DEFENSE TO
BE FINCH'S PLEA
Counsel Outlines Story of
Struggle in Fisher's Office
Day of Murder.
PROGRESS SPITE OF DELAY
Finch's Allonioj Intrrpo.-o Objec
tion and Yranlings, anil Inten
tion Seems to He to Make Mt
of Every Clinnce for Delay.
Whatever hope James A. Finh may
have of cheating the callows for the mur
der of Ralph B. Fisher is based on a
Mory which he mill tell from the witness
stand of the State Circuit Court of a
deadly arsault on him by the Bar Asso
ciation prosecutor. This story was out
lined before the jury in the case yesterday
afternoon lv the assassin's lawyers. It
is denounced by attorneys for the state
as a cunnlns: fabrication, devised, by the
lawyer murderer in his extremity as the
only possible method of saviiiR his neck.
The Mory is said to be us much an as
sault on the nam- of the victim as an
Intended vindication of Finch.
That Fisher practically compelled him
to shoot will be Finch's declaration from
the witness stand, according to the open
ing statement presented by the defense.
He will tell of a peaceful visit to Fisher,
wherein he was seeking- to build up his
lost reputation and regain the rood will
of the Har Association. He will tell of
Fisher having a sudden and " unexplain
able tit of wrath during which he at
tacked Finch with a notary's seal. Driven
into a cornier, desperately assailed by il
larger man, and finally compelled to shoot
to prevent his own brains from In-ins
beaten out. that is the lurid picture as
drawn by Finch aiW his lawyers of the
scene In Fisher's office at the time of the
murder.
Much Prnsrcfs JIatle.
"We will show that Finch went up in
the elevator in the Mohawk building, his
hand on his revolver, and that Mr. Fisher
was lying a corpse hefore the elevator boy
had time to bo to the top of the building
and come down acain." was the state
ment of Special Frosecutor Spencer, which
disclosed clearly that the state is pre
pared to meet Finch's weird tale.
Completion of the Jury, presentation of
opening statements and examination of
two witnesses was the unexpected prog
ress made in the case during the day.
The state occupied hut a few minutes in
opening, but the defense consumed 10 min
utes in telling of the things that will be
developed in behalf of Finch.
Hagaling set In when the taking of
testimony began. The testimony was of
a purely technical and relatively unim
portant nature, hut all sorts of objec
tions were Interposed by Finch and his
lawyers. It is more than likely that the
case will be greatly drawn out In this
fashion, for Fln h has uifmltted realizing
that he lias a hard tisht on his hands and
doubtless Intends making the most of
ever)' opening.
Iefcne Object to Jury.
It w as 1 1 ::', n'clwk w hen the jury
was completed, and then Attorney
I-ord. of Finch's counseT. interposed a
technical olje tion to acceptance of
W. H. Musser and Albert Sunderland,
who had Just been accepted out of the
third special venire issued in the case.
Ird called 'attention to a provision of
law whereby all talesmen on the regu
lar panel niust be used up before spe
cial venires may be called. Deputy
County Clerk I.ounsbury was directed
to inquire as to the tlisposition of the
regular panel, and he found that all
had heen used on the various cases
excepting one man. who was excused.
Objection to the acceptance of Musser
and Sunderland was then overruled.
The defense had used 11 of Its 12
peremptory challenges by this time.
The 11th was used on T. H. Foster, a
native of Scotland. There has been a
disposition on the part of the defense
to rule out even those of Scotch de
scent, because of the nativity of Dis
trict Attorney Cameron, who is direct
ing the state's case.
If. F. Yates, the first talesman called
at the opening of the forenoon session,
w-as excused, on account of deafness.
William Stead was let out because of
physical debility, which he said would
prevent him from standing the sttain
of a murder trial. After Foster had
been challenged. Musser and Sunder
land were accepted by both sides.
The jury was not sworn until 2 P. M.,
when the 12 men were taken to lialph
Fisher's law office to vw the scene
of the murder.
I'incli to Be Ilumkurfcri.
It was asked of the Court that the
Sheriff be instru.ted to omit hanucuf
ting Finch hereafter.
"He's perfectly harmless and there Is
no use humiliating him with heavy
handcuffs, for he doesn't Intend to try
to escape.'; Lord assured the Court.
Judge Bronaugh. however, said tlmt i
this matter was entirely at the discre
tion of Sheriff Stevens.
Finch accompaniel the jury to Fisher's
offices in the Mohawk building and
shower a great Interest in the arrange
ment of the fixtures. He gave no sign
of any feeling as he saw the spot on
which he shot Finher down less than a
month ago. After familiarizing them
selves with the arrangements of the two
rooms, the jurors were returned to the
courtroom and the opening statements
were taken tip at once.
Special Prosecutor Spencer outlined tjie
ca.se rfuliout going into the details of
testimony to be presenter.
Spencer Outlines Cu.se.
"Ralph B. Fisher, as we shall show to
you. gentlemen, was an ambitious and
an esteemed young man bearing the
good will of all who knew him." said
Mr. Spencer. "In his capacity of prose
cutor of the Bar Association it became
bus luty to proceer against the unworthy
of the profession. It will be shown that
It was. necessary for him to file three
charges against this defendant Finch
for drunkenness, forging a pension cer
tificate and "
"Hold on, 1 object." said all four of
Finch's lawyers in one voice. They went
on to say that the previous ciiarges had
qualifications, the pater suggester that
nothing to do with this triaf and were
Fisher wan in. She said she wauld look
anil see and as she opened the door to the
inner office. Finch brushed past, his hand
on his gun. and almost on the instant
sustained in their view.
"Well, leaving that aide," proceeded
Mr. ipeiicer. "I will state that on No
vember the Suprtme Court disbarred
Finch, finding him unworthy of practic
ing law. On learning this. Finch, who
was out of the city on business, came
back here at once and began circulating
a petition for his reinstatement. He
asked Mr. Fisher to sign, but this Fisher
declined to do. This request was made
or repeated on the morning of November
IS and we will show to you that Finch
left his office at 11:30 A. M.. going to the
Hudson Anns store, where he bought a
cheap revolver and a box of cartridges,
getting the clerk to load the revolver.
lolls Story of Murder.
"Finch, as we shall show you. then
went towards the Mohawk building, where
Mr. Fisher had hi offices. He paused
at a valoon in the neighborhood to take
a couple of drinks or to and then went
on Into the Mohawk building, his hand
on his revolver. And before the elevator
boy who took Finch up had time to get to
the top of the building and down again.
Fisher was lying a corpse beside his chair
and desk in his office.
"We will show you that whep Finch
reached Mr. Fisher's offile he inquires
of Miss Burkhart. the stenographer. If
sen a fatal bullet through Fisher's brain.
"We expect to show, beyond any ques
tion of a doubt." concluded the Special
Prosecutor, "and we will show In the
minutest detail to the satisfaction of any
man who believes in law and the pro
tection of human Jlfe. that this man
Finch, with vengeance In his heart and
revenge in his mind, went up there
sneak inslv. cowardly, murderously, and
in as dastardly and diabolical fashion s
any murder was every committed took
away this young husband and father.
How well the blind hypocrisy of the man
was shown when he snid. Hello, Ralph.'
and then murdered him in "
"I object." put In Attorney Lord. ' to
this unjustified denouncement," and the
objection was sustained.
Defense Gors Into Detail.
"Maybe I was wrong In thinking there
was room for another cyclone in the same
room with Mr. Lord," suggested Spencer,
and shortly concluded his remarks.
Lord outlined the case of the defense in
greater detail.
"It Is my duty, and a crave one. to
stand between the defendant and the
malice which has just now been shown to
you only too well." he said. "In this duty
I must ask you to help me, not only as
Jurors, hut as citizens.
"The facts will not be. I fear, quite
as delineated by the Special Prosecutor,
and I want to ask you as Jurors to re
serve your opinions and Judgment until
you have heard the last word of testi
mony. Evidence will be presented here
to show that the Grievance Committee
hail agreed to drop these charges against
him, or rather charge, for there was only
one.
"Mr. Finch was not disbarred, as has
been stated here. He was suspended for
one year because of drinking. His
friends wanted to see him given a fair
chance, and many of them called on Mr.
Fisher, among the number being C. M.
Idleman. About 11:30 o'clock of the day of
the killing Fisher called up Finch on the
telephone and asked to see him. It was
in response to that message that he went
over to the office. '
Givc9 Kxplanalion of Gun.
"Now. the night before, we will show
that C. H. Piggott. a nephew of the man
wlw Is appearing as counsel in this case,
was called by Mrs. Finch, who was oc
cupying his house, and who crfmplained
that burglars were trying to get in. She
asked him to purchase her a revolver,
and so the next day Finch. learning of
the incident, went down and bought a
gun and went back to his office. It was
immediately upon his arrival that he got
the telephone message from Fisher to
come over.
"When Finch entered the private office
of Ralph Fisher, who was alone at the
time, he said. 'Hello. Ralph: how are
vou?" or something of the sort. I don't
know his exact words after that, but he
began pleading with Fisher for another
chance. 'Why can't you give me a show?'
he said. 'I'm poor, just married, broke,
got a family to support, and for God's
sake give me a chance. You can if you
want to.'
"Thai was the nature of Finch's plea,
and in some way Fisher became very
much incensed and used harsh language
and without provocation or excuse seized
a" heavy notary seal with which he struck
Mr. Finch on the head, loosening a bone.
Tells of Desjierate Fight.
"Finch didn't want any trouble and he
said. 'For God's sake, don't, don't, don't.'
He tried to get out. but their positions
were such that he had to pass Fisher,
who had arisen. Mr. Finch started to go
by him. and again the seal, came into
play. Half dazed by the blow and putting
aside the insults, he again tried to es
cape. "I dislike to say these things against
the dead, but It is my duty to this defend
ant. Fisher struck Finch again on the
back of the head, knocking off his hat and
making a slight wound. Then he threw
the notarial seal at him. Finch had to
protect himself from a man larger than
himself. If he had not had the revolver
with him It is likely that he would have
had his brains beaten out. Half dazed
from the blows on the head he put his
hand In his pocket, drew the gun and
ftred. And the evidence of competent
witnesses will show you that he was
Justified In protecting himself.
"In the meantime the hero you can I
have a murder scene without a hero
came rushing bravely up in the person
of Chester N. Dolph. He seizes the re
volver and putrols the corridor until the
police arrived and relieved him.
Two Witnesses Kxaniined.
I.ord concluded by ' saying all these
tilings would be fully proved and asking
that the jurors be attentive and decide
purely on the testimony. He attempted
an arraignment of The Oregonlan for Its
expressions on the subject of Fisher's
assassination, but was interrupted by
Deputy District Attorney Fitzgerald.
Judge Bronaugh directed him to con
fine himself to the case.
John G. Wilson, an architect who pre
pared a diagram of Fisher's offices for
use during the trial, was called by the
state as the first witness in the case.
He explained these maps in detail and
was subjected to a long and apparently
meaningless cross-examination. It was
made very plain that the case is to be
stubbornly fought and that every pos
sible technical point within the law Is
to' be put to use.
J. G. Moreland. clerk of the Supreme
Court of Oregon, was the cause of a
fresh siege of objections and wrangling.
He was called by Mr. Fitzgerald to
identify the records of the Finch dis
barment proceedings. Lengthy argu
ments against tills were made by At
torneys Liord, Holcomb and Campbell.
Holcomb was particularly sure that the
document could not be admitted.
Tilt Willi Judge.
"You'll make this a mistrial. I'll tell
you that," Holcomb ' advised Judge
Bronaugh. who promptly ruled the other
way and directed that the case proceed.
Moreland was used merely to identify the
records in the case, and was excused
without cross-examination.
"Court was then adjourned until this
morning at 9:30 o'clock, when the state
will proceed to prove the facts of tiie
killing.
Finch was absorbed in the proceedings
all day and watched every move that
was made. He made frequent sugges
tions to his lawyers, and was jotting
down memoranda while the brief testi
mony of the 'day was- being taken.
Large Crowds Attracted.
No murder trial of past years has
attracted so many people. Although theS
curious multitude was excluded after the
seats had all been filled, enough per
sons claiming to be lawyers got into the
room during the afternoon to jam com
pletely every inch of standing room.
There were no less than 300 persons in
the spacious courtroom and double that
number was turned away.
The completed jury in the case is: W.
G. Ahbett, K. 11 Howes. J. W. Davis.
W. K. Charlton. S. I. Ogden. Robert
Servlca. Charles J. Bush, C. H. Thomp
son. M. I- I-ank. F. W. Hanna, W. H.
Musser and Albert Sunderland.
GROCERS MIT OF IT
State Pure Food Law Must
Come From Other Source.
DEFEATED TWO YEARS AGO
Asocial ion Spent Time and Money
n Measure Which Was
Beaten In Last Legisla
ture by tlie Jobbers.
If legislation enlarging the scope of the
pure food laws of the state Is presented
at the coming session of the Legislature,
it will have to originate from less inter
ested sources than those that fought
earnestly for such a bill at the 1907 ses
sion. Two years ago the Retail Grocers'
Association introduced and supported a
bill guarding against the Introduction of
adulterants Into foodstuffs and requiring
true net weight of all packages. Jobbers
and manufacturers Joined in an assault
on this measure, the author of which was
D. C. Burns, a Representative from this
county. As a result, that provision of
the bill relating to weights was elim
inated. The Retail Grocers' Association spent
considerable time and money preparing
the bill, which was modeled after the
National pure food law. It passed the
House by practically a unanimous vote,
hnving been recommended favorably by
the committee, of which Mr. burns was
chairman, and to which the measure in
Its original form had been referred. The
Jobbers and manufacturers went before
this committee, but could not get the de
sired concessions, and when the bill
reached the Senate, these forces trans
ferred their fight against the measure to
the I'pper House. After having been re
ported favorably In that body by the
Commltte on Horticulture, the bill was
rereferred to the Judiciary Committee,
where the net weight clause was elim
inated and the measure reported back to
the Senate late In the session and passed
in its amended form.
In contending for this law. the Grocers'
Association was opposed not alone by the
jobbers and manufacturers. Resolutions
were adopted by the Consumers' League
protesting against the bill. The same
action was taken by the Board of Gov
ernors of the Portland Commercial Club,
with the result that the grocers have
concluded that if such a bill is to be pre
sented for legislative -consideration this
Winter it must come from some other
source.
"We spent both our time and our
money two years ago trying to have this
law passed which would inswre for con-
sumers full-weight packages." said
Charles B. Merrick, secretary of the Re
tall Grocers' Association yesterday, "but
we received opposition from very unex
pected sources. Principal among the op
ponents to the bill was the Consumers'
League, the verv organization that should
not only have been directly interested in
the proposed bill, but should have joined
with us in our fight. Among the 90 mem
bers of the Legislature, at least eight are
members of our organization from dif
ferent parts of the state. So far as I am
advised, none of them expects to father
any such measure, although If such a bill
should be Introduced they would not only
suppdrt It. but do everything In their
power to bring about Its enactment."
Mr. Merrick said that the grocers of
the state are making elaborate plans for
the third annual convention of the Ore
gon Retail Grocers' and Merchants' Asso
ciation, which will be held in this city
Januarv 6 and 7. It is expected that 100
delegates will be In attendance. The
purpose in holding this convention just
prior to the meeting of the State legis
lature is to give the members an oppor
tunitv to consider subjerts of needed
legislation in connection with their rou
tine deliberations. It is barely possible
that this organization may take the Ini
tiative in seeking to extend the provisions
of the pure food laws of the state.
CHICAGO PARENTS ANXIOUS
Send Many Letters I'rglng That
Their Children Conic West.
The proud parents of promising children
in Chicago have swamped the publicity
department of the Commercial Club with
applications Inquiring for information
as to the qualifications that will be
required of the 50 Chicago school chil
dren whom Tom Richardson, manager
of the club, proposed to bring to Ore
gon next year as a novelty advertising
departure. No..less than a dozen com
munications on this subject reached
the desk of Assistant Secretary Cris
sey yesterday. More are expected to
day and daily hereafter.
'One mother, residing In one of the
suburbs of Chicago, wrote to inquire
If the list to bo selected would be con
fined to children residing in the city
proper, also to request that her 17-year-old
lad be considered an applicant
for the transcontinental trip.
Another of the letters came from a
proud father who described the many
virtues of his 16-year-old offspring,
who. he wrote, neither drank nor
chewed nor smoked the "nasty cipar
ette." Possessed of these exceptional
qualifications, the'pater suggested that
his boy was about the proper type to
be recognized in selecting a party of
59.
Of the many letters received only
one presumed to disapprove of the
plan to have the party consist of 50
school children. The author of this
one was woman, who formerly re
sided in, the West. She contended that
a better plan would bo to choose 20
progressive women, believing that
from an advertising viewpoint, better
results could be expected.
Fitted bags and cases, Harris Trui.lii
Co.
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