Morning Oregonian. (Portland, Or.) 1861-1937, December 23, 1908, Image 12

Historic Oregon Newspapers

Morning Oregonian., December 23, 1908, Page 12, Image 12

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Newspaper Page TexttttE MORNING OREGONIAX. WEDNESDAY, DECEMBER 23, 19Q8. 12 STUMBLING BLOCKS BOTHER DEFENSE Prosecution Trying to Disprove Finch's Story of Murder, in Self-Defense. WRANGLING IS STILL ON Finch's Ijiwyprs Pnt F.arh Witness Thronsrh Hard ('roes-Examination and Ve l"p All Time Pos sible In Quibbling. Formldiihl stumbling: blocks were strewn by the state yesterday In the path of James A. Finch, who hopes to save ills neck from the hanfnnan's noose by letting up that Ralph B. Fisher, his victim, was assaulting him at the time of the assassination. Testimony of at least three witnesses produced by the prosecution in the pro ceedings of yesterday's trial of the case seem to make the plea of self-defense Interposed by Finch an impossible make shift. First. Miss Verona Burkhart. Ralph Fisher's stenographer. told the jury clearly and convincingly that Finch rushed in on rlsher and shot him down with no word except the salutation, "Hello. Ralph." She said she saw every move made by the two men and that Fisher was assassinated without any chance to defend himself or evade the trouble. Testimony Shows No Qnarrel. Then Pr. W. A. Roberts, whose dental office adjourns the victim's private room, told the Jury that no sounds of a quarrel or struggle preceded the succession of shots nrert by Finch. And. furthermore. Dr. Roberts said. Fisher was lying dead beside an overturned chair with his feet yet under the desk when he rushed Into the room a few moments after the shoot ing. This last point was verified by M. O. Wllklns. occupant of an office on the same floor in the Mohawk block, who ran into the office Just after the murder occurred. Cros-Examinatlon Fails. Cross-examination of these witnesses failed In any way to weaken or discredit what they had said. It Is known that the defense had hopes of getting Miss Burk hart to admit being confused and ex cited at the time of the affair. Thl would leave them an opening to discredit her story. But she was. positive in what she said and proved more than a match for Finch's lawyers, who attempted in very way to entrap or confuse her. even approaching once or twice to subtle sar casm for which they were called to ac count by the prosecuting attorneys. Haggling Still Continues. Haggling has taken Its place as a pre dominating feature of the trial. Finch's defenders. Lord, Holcomb and Campbell, are rising to Interpose innumerable ob jections to every step in the trial. Once, during the forenoon, they spent 30 min utes protesting against the description by a witness of a conversation which, when the smoke of wrangle had cleared was found not to have occurred. An impression seems to prevail that Finch's cause is being damaged by the inclination of his lawyers towards petty grumbling and aggressive conduct towards the state, the court, and witnesses. This element, which has served greatly to delay the case, brought on a night nesslon fn order to give the state an op portunity to get through with the case. To this night session Finch's lawyers protfBted but the court was Insistent, railing attention to the fact that the holidays are near at hand and that the trial calendar is crowded with cases waiting trial. The defense insisted that it would be Impossible to finish their case briefly. Finch Will Fight Hard. 'I've gut four lawyers and I'm going io fight this case for two months if I ran." Finch has informed his fellow-prisoners in murderers' row at the County Jail. Finch was the busiest man in the rourtroom yesterday. He actually directed the defense, made suggestions on nearly every question and asked many of them through one or another of his four law yers. While testimony was being given be was busier than a shorthand reporter and when the cross-examination would be taken up he was ready with a bundle of notes to go over the entire field. Every minute of the day he was keyed to a high pitch and not for a moment did his concentration on the case waver. Much of his work was futile, many of the questions he asked were inane and without purpose. But the man made it plain that he realizes fully his desperate plight and is grasping at every straw to save him. Not only did he take copious notes and prepare scores of questions for cross-examination, but he found time to observe every witness closely and during the few lapses' in the progress of the trial he was busy studying the Jury. Mis Burkhart Testifies. It was nearly 4 o'clock P. M. when Miss Burkhart was called to the witness stand to tell of the tragedy. In response to preliminary questions, she gave her age as 20 years and said she had been working for Ralph Fisher two months before the murder. The statements she made voluntarily to the Jury was given clearly, unfalteringly and in a quiet but convincing manner. Mr. Fisher had Just returned from lunch and was at work in his private of fice." she said. "I was at the typewriter in the outer room when this man Finch came in and asked me if Mr. Fisher was in. I stepped to the inner door and stood In the door, waiting for Mr. Fisher to look up from his work. He wa sitting at his desk, with his elbows on it. working. As I stood in the door this man rushed past me. Just as he passed, I heard him say: -Hello. Ralph!' Then he walked on Into the room, drew a gun, pointed it towards Mr. Fisher and tired. This was before I had time to close the door. I saw every step he made. When he drew the gun. I saw it and gave a little scream. He walked right owr to Mr. Fisher and held the gun almost against his head when he tired. Mr. Fisher had no chance to " Story of Death Told. "Hold on." protested Attorney Ford. He objected to any statement of opinion by the witness and this objection was sus tained. "I heard Mr. Fisher making a most horrible noise when he was shot." Miss Burkhart continued. "It sounded as though he was trying to scream, but couldn't. I ran out of the office screaming and someone asked me If I had been shot, but I told him '.No, but catch the man. " Miss Burkharfa testimony occupied a period of less than 15 minutes before she was given over to the defense for cross examination. Mr. Lord conducted this process and took the witness over every word of her direct testimony in an effort to break down what she had said. Charles S. Fisher, brother of tha vic tim of the murder, was caned as the first witness immediately after the con vening of court for the forenoon session. He immediately identified a photograph of Ralph Fisher and gave testimony suf ficient to establish the identity of the murdered man for the purpose of trial. He was asked one significant question on cross-examination, and that was as to the weight and sire of his brother, to which he replied that Ralph Fisher's weight was about 200 pounds and he was built In proportion. This information Is regarded as valuable by the defense as lending color, however meager, to the story of an alleged assault on Finch by Ralph Fisher. Dr. S. M. Gellert. who made a post mortem examination of Fisher's body, de scribed the gunshot wounds inflicted by Finch. He said death was caused by a bullet which penetrated the brain. Dr. Gellert was cross-examined, at great length, but to no obvious advantage. M O. Wllkins. who occupies offices near Fisher's suite in the Mohawk building, described the scene in the victim's private office immediately after the "murder. He was attracted by the screams of Miss Verna Burkhart. Fisher's stenographer. Fjiterlng the office, he saw Fisher lying dead beside his desk, the feet -resting under the desk. This served to dis credit the contention made by Finch s lawvers in their preliminary outline of the case that Fisher was making a mur derous assault on the murderer when the shooting occurred "in self-defense." The cross-examination of this witness continued for more than an hour, but without weakening the effect of his tes timony. Questions were asked him bear ing on every word he said on direct ex amination. The ground was gone over several times in the hope of catching him up on some little detail, noi uinu u hour for noon adjournment did Finch's legal advisers tire of questioning Wllkins. Noting that the defense Is inclined to use as much time as possible. Judge Bronaugh ordered the afternoon session for 1:30 o'clock, a half hour earlier than usual. Dr. Koberts Testifies. Dr. W. A. Roberts, a dentist, whose of fice adjoins that of Fisher, in the Mo hawk building, was the first witness of the afternoon session. An ordinary par tition separates the two rooms. He said he was attending a woman patient when he heard several shots flred. As soon as he could quiet his patient, who became greatly excited, he ran out into the cor ridor and turned In at Fisher's door, knowing the shots had proceeded from that quarter. Dr. Roberts substantiated the testimony of the previous witness that the lifeless body lay as if it had fallen from the chair. His feet being under the desk and the chair upset beside the body. He noticed a check lying on Fisher's desk the ink shining as if freshly used. His testimony in regard to the condition of the room was damaging to the claim of Finch of an assault upon him by Fisher. While h was In the room. Dr. Roberts said Finch was brought into the room by two officers. He was asked to relate what was said to Finch or uy him. Half an hour of wordy debate followed this, for the defense was much opposed to hav ing any such conversation repeated. After the bone of contention had been gnawed to a pulp. Judge Bronaugh ruled that the conversation and remarks might be brought out in evidence. An exxception was asked and allowed and the Finch de fenders than proceeded to renew the ob jection. For a time it appeared as If the whole afternoon would be consumed, but the defense finally gave In. Wrangle Is Over Nothing. "They put the handcuffs on him and took him right away," was the surprising response. The half hour of wrangling over a conversation which had never taken place caused a brief ripple of mer riment in the courtroom. When asked If he heard any unusual noises In Fisher's office before the fatal shots were fired, the witness replied that he was sure he did not thus placing an other stone In the way of the Finch tale of assault. . After again describing a freshly-written check which was lying on Fisher's desk immediately after the mur der. Dr. Roberts was turned over to the defense for the ordeal of protracted and wearisome cross-examination. For 15 minutes he was question about how he reached the conclusion that the check was freshly written. Then the thickness of the partition between his room and Fisher's waa taken up. to the detriment of Finch's cause, for Lr. Roberta said any unusual noises could readily be heard from one room to an other. The cross-examination frequently he came so laborious ts to call out interrup tion from Judge Bronaugh. After a solid hour, the defense quit and a rest of five minutes was declared before Miss Burk hart, star witness for the state, was called to the stand. Night Session Is Held. Chester V. Dolph, a lawyer, was called by the state at the opening of the night session. He said he was attracted to the hall by a woman's screams. Seeing Finch being held he stepped Into the elevator, took Finch by the left arm, led him out of the elevator and took the revolver out of the murderer's pocket. "Just at that time," said the witness, "a ynaing lawyer named S. S. Humphrey stepped up and Finch asked me to give the revolver to him. I handed it to Dr. Leonard and we then took him into Mr. Fisher's office. 'Humphreys, you are to blame for this, he kept saying, address ing his remarks to Humphreys. I said to him. 'My God. Finch.' and the defendant turned his head and covered hie face with his hands. Shortly after this the police came and took charge of the prisoner." Dr. Leonard Testifies. Dr. "H. F. Leonard's testimony waa of a corroborative nature. He said that after receiving the revolver he turned it over to A. S. Thompson, a tenant of the build ing, who turrd It over to the police. On being recalled he told of hearing the shooting. He said he went out In the hall and saw Miss Burkhart run scream ing down the hall. A moment later Finch emerged from Fisher'a office, hesi tated a moment and then went to the elevator, saying he wanted to go the Sheriff, but was prevented from leaving the building. Dr. Leonard said he then went into Fisher's room to fln4 Fisher lying dead beside bis overturned chair, part of the body being yet In the chair. Court Takes Hand. He was given the customary colorless cross-examination, a long course of seemingly meaningless questions being asked, amid frequent interruptions from the court. Attorney Ford was told half a dozen times by Judge Bronaugh that he waa getting away from the proper manner of cross-examination. Adjourn ment finally occurred at 10:30 P. M., un til 9 o'clock this morning. SPECIAL SUIT SALE. All $35.00 to J50.00 Suits on sale at I28.n0. All 125.00 Suits. $18.50. $7.50 Silk Petticoats. $3.98. Special reduced prices on Kimonos. Dress bKirts, Waists and Coats. McAllen & McDon nell, Third and Morrison. MADE WITHJ.OVING CARE Mullane's Taffies are world-famed. Portland lovers of "Taffy made with loving care" will doubtless be delighted to learn that it is always on sale at Sig. Sichel & Co.. 3 Third St.. and two branches. Olympla Beer. "It the water.- Brew ery's own bottling. Phoneu Main 7J. A 867. Xmas perfumes. Eyssell's Pharmacy. 39 Morrison, between 4th and 6th streets. GOFFEY ISSUES CULL FOB SOUS Multnomah County's Delega tion to Meet to Discuss Proposed Legislation. ALL SUBJECTS INCLUDED Chairman Declares Unless Company Acts He Will Present Bill to Legislature Requiring- Seats for Motornien. Senator John B. Coffey, chairman of the Multnomah County delegation, yesterday Issued a call for a meeting of the legislators-elect from this county, to be held in the convention hall of the Commercial Club at 8 o'clock next Monday night. The purpose of this gathering Is to consider subjects of legislation which representa tives of the Port of Portland and other organizations in this county desire to pre sent. This will ba the first meeting of the delegation since it effected organization three weeks ago. It will be considered a general conference, to which persons In terested in some particular legislation are Invited. The date of the meeting Is only two weeks prior to the meeting of the Legislature and It is desired that every member of the delegation attend. L. D. Mahone, Representative-elect, is secre tary of the delegation. While Senator Coffey does not expect to have a great many bills to introduce on his own account, he declared yesterday that unless the Portland Railway, light & Power Company provides the motormen on its longer divisions with stools 'before the Legislature meets, tie will present a bill requiring that corporation to furnish such conveniences. "There is nothing unreasonable about such a request," said Mr. Coffey yester day. "Many of the men on these long runs are also obliged to work long hours and they are entitled to some means of rest while on duty. It Is possible the railway people will Install seats of some kind for their men before the Legislature convenes, but if they do not I propose to offer a bill covering the subject." REED WORKS FOR GOVERNOR Active In Effort to Get Republican Signatures to His Petition. Ferdinand K. Reed Is continuing his ac tivities in the interest of the election of Governor Chamberlain as United States Senator. Reed for some time has been undertaking to get the members of the Republican County Central Committee to sign a petition addressed to the members of the Multnomah County delegation, re gardless of their position on Statement No. 1, and requesting them to support and vote for Chamberlain for Senator. It is reported that Reed has succeeded In in ducing about 30 of the 115 committeemen to sign his petition. Reed, it is charged. Is doing what he can in the interest of Chamberlain in return for the assurance of the Governor that in event of the passage of a bill by the coming Legis lature creating a board of pardon com missioners. Reed Is to be made one of the members. But Reed is a versatile fellow, accord ing to report, and is not devoting all of his energies to an advocacy of Chamber lain's election to the Senate. Incident ally, he is playing with the liquor inter ests and if the local option law is amend ed by the Legislature this Winter, he will appropriate no small measure of th credit. Rumor has it that it was none other than Reed that effected a meeting a few days ago between Rev. Clarence True Wilson, president of the Anti-Saloon League, and Paul Wesslnger, president of the Brewers' Association. Reed also is said to represent that it was through his winning way that Dr. Wilson con sented to deliver his sermon on "That Perjury Petition." last Sunday night, the sermon being a defense of Statement No. 1 and the sacredness of the pledge sub scribed to by members of the Legislature. Having arranged for the sermon. Reed Is said to have spent several days in the capacity of press agent working up a good audience for ur. w uson. Sold Them Four Dolls and a Bear. Cruel Pieces of tlmlim ky Best Salesman, Who Needed Money lor Candy for Hl Own Chil dren. IX happened In a department store, and It was all the fault of the Best Sales man. A worklngman and his wife came in. and on reaching the toy depart ment asked to look at dolls. Fates sent the Best Salesman to them, and he showed them three, one at 58 cents, one at 79 cents and one that "went to sleep at 98 cents. The workingman expressed the opinion that the 58-cent one was good enough for Sadie, and then the Best Salesman got in his work. He described the many beauties of the doll that "went to sleep." called particu lar attention to the skill with which Its face waa painted, the texture of its gowns, the manner In which its limbs were Jointed, and to the fact that It had real hair. The .worklngman's wife said Sadie should have that doll if she had to pay for It out of the pickle money. And so they bought It. While they were waiting for change, the Best Salesman asked theVn If Sadie was their only child, and learning that they also had Minnie, he suggested that per haps Minnie ought to have a doll as well, and advocated a cheaper one. This brought the proud father to the front, and he said he guessed Minnie was every bit as good as Sadie, and that she should have a doll that went to sleep as well. And so they bought another one. Again there was a wait for change, and again the Best Salesman talked. This time he told them they ought to be glad that they had children of their own, and added that the only pleasure he could get out of life was in buying dolls for other people's little girls. This reminded the mother of the O' Flaherty twins, next door, whose father was in the hospital. And after a lengthy discussion they bought two of the same kind of dolls for them, so that Mrs. O' Flaherty should not think they were handing her cheap charity. Once more there was a wait for change, and this time the Best Salesman accidentally knocked a Teddy Bear down. Further cataloguing of his wiles is un necessary; they bought the Teddy Bear. And after they had gone, the Best Sales man smiled. Those five sales win help my commis sions." he said: "maybe. I can buy my own kids some extra candy now." Came West for Gold In '49. CENTRAL.IA. Wash., Dec. 22. (Spe cial.) The funeral of Lysander Au- .Why .leave your estate to the uncertainties of probate and individual care after your decease when definite and effectual disposition can be made through our Trust Company during your life time T You can arrange now to have your estate distributed or disposed of at a future time and with absolute cer tainty as to the fulfillment of your desires. Correspondence or inter views solicited. MERCHANTS SAVINGS & TRUST COMPANY S47 WASHIXGTOIV STREET. - gustus Sackett was held here yesterday from the home of his daughter, Mrs. M. A. Johnson." He died Saturday momlpg at the age of SS years. He was born March 6, 1S20. at Cornwall, Conn. He was one of the "Forty-Niners" in the California cold discoveries. Mrs. H. & Calhoun and Mrs. J. C. Newell, both of Portland, are daughters. Xmas perfumes. Eyssell's Pharmacy, 2S9 Morrison, between 4th and 5th streets. The Stomach Does Not Cause Dyspepsia Neither Will It Cure It Because the Lack of Gastric Juices Pro hibits Relief. The stomach is a strong, powerful or gan, which is composed of muscles of great strength. It Is filled during di gestion with gastric juices which, when the stomach, extending and compress ing the food, dissolve-- it and separate the nourishment from the waste matter. If, however, these gastric Juices are lacking, the stomach is not capable of digesting its food because it has not the tools with which to work success fully. The gastric juices when in a perfect state do away with all foul odors, fer mentation and decay, reduce the food to a disintegrated mass and the stom ach then presses it into the intestines where another form or digestion takes place. Then the intestines take from this mass of food all that is nourish ing and give it to the blood. The waste matter is thrown from the system. If instead of. nourishment the In testines receive impure deposits com bined with a poisonous and imperfect gastric Juice, it can be readily seen that they mu3t turn such imperfect nourishment into the blood. The blood then being unable to give each part of the body that which it requires, becomes impoverished and disease is spread broadcast. Stuart's Dyspepsia Tablets corrects such a condition at once. If the gastric juices are lacking and imperfect these tablets do their work just the same. They build up the elements in the Juice which are lacking and remove those elements which cause disturb ance. Meat, grains, fluids, vegetables and delicacies, in fact each portion of a large meal have been placed in a glass rial and Stuart's Dyspepsia Tablets have digested them to a perfect fluid just as a healthy stomach would do. A large complex, hearty meal holds no terrors for a dyspeptic If Stuart's Dyspepsia Tablets are used. Abnormal eating, late dinners, rich foods cause ill effects to the stomach, but when Stuart's Dyspepsia Tablets are used one may eat when and what one will with out danger of dyspepsia or discomfort. Forty thousand physicians endorse and prescribe Stuart's Dyspepsia Tab lets and every druggist carries them in stock, price 50c. Send us your name and address and we will send you at once by mall a sample package free. Address F. A. .Stuart Co.. 150 Stuart Bldg.. Marshall. Mich. IN THE VERY POPULAR FURS Black Lvnx and Mink 1 H IEB 288 Morrison St. FREE! EDUCATIONAL CONTEST Have you entered? If not, get busy. It costs you nothing. A Beautiful $80 Drop to be given away "absolutely free to the one writing the sentence the greatest number of times. It is yours for the mere trying. The White Sewing Machine Company has placed at our disposal 100 of their latest improved drop-head automatic-lift machines for advertis ing purposes. One to be given, away free. There are 100 other valuable prizes to be given away. If you are not successful in winning the first prize, you can easily win one of the other 100 prizes. These prizes are valuable to the winners. Do it now. Take a piece of paper the'size of a Government postal card, write the following sentence, The T hito is Kine of Sewin- Machines,'' as many times as you can, and on the other side of paper answer the following Stion8rave vW awingm.cLet Old or newt What make have you? How many times dxd you write the sentence? Writeour name and address plainly. The prizes will be awarded as follows! FIRST PRIZE The one writing the sentence the greatest number of times will receive free of charge a beautiful $80 OoT style 35, drop-head, automatic-lift White Sewing Machine, with a complete set of the latest proved case-hardened steel attachments. There will be 100 other prizes awarded, ranging in value from $15.00 to $25.00. , - The Contest Closes December 29 at IO P. M. Address Letters T T Tk TrMVTT7C ( Contest 420 WASHINGTON STREET H. D. J UlN Jbo, Dept. PORTLAND, OREGON CHRISTMAS FECIALS ICE CREAM PLUM PUDDING ICE CREAM. A delicious frozen dainty, in flavor not unlike the genuine Plum Pudding. Jt contains spices, raisins, figs, etc., and is very rich. Special for Chnstmas, 75 quart brick. HOLLY ICE CREAM. A very rich cream, vanilla and Pistachio marbled, containing chopped cherries. Special for Christmas, 60 quart brick. -'- - CANDY We mate our own Candies. That's why they are so good. Hazel wood Chocolates, tastefully packed in our entirely new showing of Christmas Boxes and Baskets ranging in price from 50c to $12, will make a most acceptable remem brance for this, the season of good cheer. The Cream Store 388-390 Washington Street. We are showing a number of very striking sets and single pieces, just suited for Christmas presents; some thing that will delight and satisfy the feminine taste. We have sets and single pieces in every known fur of .value and at prices ranging from $1 upwards. Nothing will please the children more than the dainty sets we are showing at comparatively trifling cost. STORE OPEN ES & CO. JOHN P. PLAGEMANN, Mgr. FREE! - Head, Latest-Improved, 'THE WHITE IS KING" EVENINGS LEADING EXCLUSIVE FURRIERS Corbett Building: t i -n, M. Hi-, , , i In nnLi FREE! White Sewing Machine RULES GOVERNING THE CONTEST Any person living in the United States can enter this contest. No employe of this firm or of any firm in the same business will be allowed to enter con test. It is conditional upon entering contest that contest ants shall abide by the de cisions of the judges, who will be three representatives of the daily papers of Portland. Holiday Excursion Tickets WILL BE SOLD AT One and One ThirdFare For the Round Trip BY THE 0.R.8N. Between points not over 200 miles apart BY THE Southern Pacific Go. (LINES IN OREGON) Between stations in Oregon, SALE DATES, DEC. 23, 24, 25, 31; JAN. 1. RETURN LIMIT, JAN- 4. Ask at City Ticket Office, Third and Washington Sts., Portland, or any local agent elsewhere. WM. M 'MURRAY, General Passenger Agent, Portland, Or. " Saturday night is the night when ALL the little ones are given what the French call "The Grand Bath" a thorough cleansing from top to toe. In this weekly func tion, Ivory Soap plays an important part. A white soap, it yields a snow white lather a lather that cleanses but does not harm. Ivory Soap .'.It Floats.