tttE 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.