FINGH
RELUCTANT
IN HIS
Hesitates About Describing
Details of Murder of
Fisher.
CONTRADICTS PROSECUTION
Heclarcs Miss Burkhart, Stenogra
pher, Did "ot See Him In Fish
er's Private Orflce and Tteiter
ates Story of Attack.
HNTH'S VERSION' OF MCRUKK
OF RALPH nsHER.
Fays he went to Flshe-'s office at
i request of Fisher, who called him up
by telephone and addressed him as
Jim."
Asserts when he entered office
Fisher ordered him out. selxed no
tary' seal and hurled It at him.
Inflicting painful and dazing wound
on head. s-aw Fisher reach Into a
drawer and then fired three shots,
killing Mm.
Swears he purchased revolver &
short time before murder but merely
for hi" wife and It waa Just chance
he had it when he visited Fisher.
Declares Miss Verna Burkhart did
not see him after he entered room
and was not witness of tragedy.
Penies ever having threatened
Flshrr or of harboring- 111 feeling to
wards htm.
Tilts story Is opposed In every
essential to testimony of state's
witnesses, all reputable people. De
fense has stmp'y Finch's word
against sworn statements of half
dozen people. Including Miss Verna
Burkhart.
James A. Firch told his story of the
luur'dcr of Italpli Fisher yesterday. ' It
was the story he had devised in the
hope of saving himself from the execu
tioner, and in every essential it dif
fered from the evidence produced by
the state. The general opinion Is that
fie most Finch can hope from his nar
ration is thut the 12 jurors will take
lils word rather than that of Miss
Verna Burkhart, Fisher's stenographer,
who saw the murder. To believe
Finch, the jurors must also disregard
the ii.oldtmtal testimony of a score of
reputable witnesses as to the facts of
tile tragedy as deduced from circum
stance? observed before and after the
occurrence. Finch's tale of an assault
on hi. 11 by Fisher threw no fresh light
on the case. It was more or less In
genious, but Its effect was only putting
J'inch s veracity against that of Miss
l!urkiiart and the others.
State Tear's Story to Pieces.
Tearing to pieces of the story was
undertaken hy the state late in the
afterroon. The state Is essaying to
rmplia-iize absurdities in the story and
to entrap Finch In his network of In
volved explanation. After being on the
rtand all day Finch, nearly exhausted
was led down to a cheerless Christmas
eve in murderer's cell of the County
Jail.
fitting restlessly In the witness
chair, speaking In a loud but forced
and halting voice. Finch presented his
narraMve to the jury. At times he was
very earnest and his hands kept mov
ing constantly with gestures of em
phasis.
During the description of an alleged
assault on him he was very ill at
rase and lost the suggestion of self
possession that marked him while he
was f I lll.i g In with long, dry details of
Jiis past life and of his movements be
fore the murder. He was on the stand
all day.
The feature of Finch's story, aside
from its contradictory nature, was his
marked unwillingness to approach
Fisher's room and the moment of the
actual killing. AH forenoon he avoided
that topic. Three times at the fore
noon session he told of approaching
the Mohawk building. But each time,
when the courtroom fell into a hush
of expectancy. Finch dropped away on
some wordy side issue.
Finch Tells of Murder.
When he did finally Invade the fatal
room with his story, early In the after
noon, he began speaking rapidly,
fntered the room with a verbal rush
and then, in the very midst of the
tragedy, broke and fell away again
Into unimportant details. Here is his
storv. in its important detail, as he
tol.i it.
"I entered the Mohawk building."" he
began, sitting up erect in his chair and
speaking a; from a sudden determina
tion to perform an unpleasant task,
"and saw S. S. Humphreys near the
f levator. I asked him or the elevator
boy. or someone, where Mr. Fisher's
office was. He told me it was room
529. if I remember rightly. I got off
at the third floor, walked down the
hall rapidly, opened the door, stepped
to a desk where sat Miss Verna Burk
hart at a typewriter.
"I hesitated a moment and asked her
tf Mr. Usher was in and If he was
occupied. She said yes, that he was In,
ami that he was not busy. I stepped
Into Mr. Fisher's room, closed the door
and said 'Hello, Ralph.'"
Falters at Crncial Point.
Here Finch faltered again when he
was face to face with the tragedy.
"I was about five feet from his desk
and he was sitting at the desk." he
began, and then fell away into a long
and unnecessary set of details as to
the distribution of the furniture.
"And he turned around." proceeded
Finch, recovering his courage, "and
said 'What do you want here?' I said,
Ralph. I came over to see If you
couldn't help a man' out.' I talked
with him niong this line.
" "Get out of here.' he said, all of a
sudden, speaking in a harsh way, and
he grabbed a notary's seal. He hurled
it back wkrris directly back and over.
It struck me on the head and hat. a
glancing blow.
"At the first flash I thought it was
a gun. The flash and the blow came
almost at once. I was knocked back.
It was a complete daze when that seal
struck me. and I don't remember very
well, but I think my hat was knocked
off.
"The next real recollection I had
there are some confused recollections
in between but the first real recol
lection was belns against the door,
leaning half down and half up."
Demonstrates AVith Chair.
Finch here took the witness chair,
placed it on the floor and demonstrated
the attitude he described, also Fisher's
attitude.
"Mr Fisher was standing by his desk
like mis," said Finch, getting astride of ,
TESTIMONY
the chair. "He -was that way when I
drew the gun. Whether he had been
there all the time or had been around
from behind the desk and had gone back,
I don't know.
Just as I drew the gun I had It In this
long overcoat," said Finch, slipping Into
the garment for purposes of demonstra
tion. "Just then he was reaching into his
desk and I had been informed that he
had a gun. When I fired the first shot
he kept on going; that was the shot that
went wild through the window. I guess.
The second shot was the one. I think,
that did the business, as the doctor de
scribed. "When the first shot was fired, Verna
Burkhart opened the door and screamed.
The third shot came by accident. Just
because I had a finger on the trigger, I
guess.
Says lie Feared Gun.
"When Mr. Fisher went lnta that
drawer," Finch said, dramatically, "I
thought of his gun. It flashed through
my head. 'I'm gone.' Just like that. I
thousht I was in serious danger.
"When lie fell. I picked up my hat and
went out. I nearly collapsed with the
pain in my head where I had been struck
by the seal."
"How far were you from him when you
fired the second shot?" Inquired Juror
Hawes.
"I was backing up when the first shot
went wild and tired from a crouching po
sition. I was trying to get to the door
and get out; that was my only thought. '
"Did you pick up your hat from near
the window?" pursued the juror.
"Yes. I picked it up. I nearly, collapsed
before leaving. The hat was at' the west
ASMSTIG 1"V PBOSKCl'TIOX
OF' MlllUEHUl FI.NtH.
side of the room, not far from the win
dow, but Just how far from the wall I
don't know.
Dawd After Shooting.
"As to the seal. I'm not certain whether
I picked it tin or left it lying there I
may have picked it up or I may not. I
was dazed," rambled Finch, volunteering
this odd ' explanation of why no seal was
found lying on the floor after the mur
der. "The next I renumber was of being
handcuffed. I recall very few things
after the time I left the room. I re
member coming up in the patrol wagon
to the County Jail and of having my wife
call on me that night."
"Do you remember how the body was
lying when you left?" asked Juror
Hawes.
"No, I don't." replied Finch. "It seems
to me the body lunged down by the desk
In the direction lie was leaning toward
the drawer of his desk.
"I was not conscious on Saturday of
pains in my head." pursued Finch, but
on Saturday night, when I went to bed
in my coll, I felt the pain in my head.
My mind was perfectly clear when I
went to Mr. Fisher's office, but after I
left I remember but little of what hap
pened." "Do you remember how long it was
from the time you went Into the office
before you began shooting?" inquired
Juror Hawes.
"Very short," Finch replied. "It was a
very short interval, but I wouldn't at
tempt to say how long it was."
Jurors Feel Bump on Head.
Finch then passed among the jurors
and had each one of them feel his head
at a point just above his right temple
where a small contusion appears. This
spot, he said, was the stampmark of the
seal hurled at him by Fisher.
On being questioned by his attorneys.
Finch said again that he went to
Fisher's office in response to a telephone
call from Fisher. He reiterated that he
had no malice in his heart and fired
In self-defense.
Finch was given over for cross-exami
nation at 3:40 o'clock and for the remain
der of the session he was cross-examined
by Special Prosecutor A. C. Spencer.
Over the . whole ground Finch was
taken, step by step. Finc h controlled hlm-
lf with an effort. He was very cautious
and reflected for a brief space on each
question before attempting any re
sponse. Traps set for him he side
stepped deftly, but many of his explana
tions were forced.
The weak places In the story were)
gone over and their absurdity emphasized.
Although the state did not entrap Finch,
yet his narration was dissected In such
mannet as to destroy. It Is believed.
any effect It possibly could have had on
the jury.
Talks to Wife After Shooting.
During tho course of cross-examination.
Finch was . asked if he described the
tragedy to Deputy Sheriff Beatty the
night of the murder. He admitted hav
ing talked to his wife in Beatty's pres
ence. ,
Didn't you tell her that when Fisher
telephoned for you that you became sus
picious and bought a revolver?" inquired
Mr. Spencer.
"I don't Just remember what I said. I
know I didn't go into details at that
time. I was so weak I could hardly
stand up."
"Now as to this bump on your head:
didn't you bump your head in jail after
your arrest?"
I don t think that I did. replied Finch.
And isn't it a fact that when you
shot Mr. Fisher you aimed the first shot
t the back Of his head while he was
sitting at work at his desk, and that
as he fell you fired a second and third
shot?" inquired Mr. Spencer.
"No, sir, It is not," replied Finch, de
fiantly.
The cross-examination continued until
5:35 P. M., when it was found by the
state that -it could not finish. Adjourn
ment was taken until Saturday morning.
at 9 o'clock.
Story of Life in Morning.
Finch devoted almost the entire fore
noon to a rambling account of his life.
During this time he was calm and self
possessed, but lacked continuity of
thought.- He described his rise from a
farmhand to a lawyer and his later fall
Into the ranks of discredited practition
ers. Several times ne was interrupted by
Judge Bronaugli, who was unable to see
any relevancy in this long, rambling nar
ration. The gist of Finch's forenoon of
talk was that he once ran a ferryboat
on the Willamette, was a farmhand near
Albany, a country editor, calendar clerk
of the Slate Senate and theu lawyer. He
explained tea disbarment proceedings j
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i Arthur C. Spencer,
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fan
Seventh
and said he pleaded guilty at the in
stance of Ralph Fisher, who promised
to have him reinstated If he -would save
tho grievance committee the troubl of a
trial. Fisher "double-crossed" him, he
said. On learning of his suspension from
practice, tie said he became greatly de
pressed, tout found hope in the idea of re
instatement. He had been seeking
Fisher's approval, he continued, and had
asked him, over the telephone, some
hours before the murder, but Fisher cut
him short.
Tells of Buying Gun. (
later he went down the street to buy a
revolver, having learned that burglars
had frightened his wife the night before.
He said he returned with the weapon to
his office and shortly afterwards Fisher
telephoned him, asking him to call at
once at Fisher's office. Thus It was
quite by chance he had the weapon In
his pocket. Finch said.
As to the stories of threats against
Fisher, he said they were not true. He
branded as untrue the testimony of B.
X. Rounds, who said that Finch told
him he'd "get" Fisher, the very day be
fore the murder. He also disputed the
testimony of Charles Downer, who says
that Just before Finch went to Fisher's
office on the fatal errand, he said "the
next time you hear from me I'll be in
jail." He was in the midst of this tes
timony, which he gave in great detail,
when noon recess occurred.
Jury Not to Go to Finch's Wife.
When court reconvened at 2 P. M.,
Floyd Mathes, a night watchman, was
called.. He testified to having seen C.
M. Kissenger, a Eugene lawyer, stand
ing across the street from the Mohawk
building at the moment of the assassina
tion. Kissenger is the man who was re
lied on by the defense to tell of seeing a
desperate struggle between Fisher and
Finch, but who failed to Use up to the
expectations ' wheh placed on the stand
Wednesday.
The defense also asked that the Jury
visit Mount Scott sanitarium and hear
the testimony of Mrs. Finch, who was
reported as very HI. The court refused
to permit this and suggested a deposition, ;
You Tate an Auto Ride to
wintoii on
Perhaps 3-011 've been housed up pretty closely right up to Christmas didn't have a chance to get out and see things
SWINTON among others. Come to our office this forenoon and take an auto ride to SWINTON at our
expense. By going, you do not obligate yourself a cent's worth, understand. You'll have the pleasure of an auto
ride, will see how very fast this old town of ours is growing, and you'll bring back a dandy appetite for your Christ
mas dinner. This auto ride will give you an opportunity to see SWINTON face to face to see the best piece of
investment property in this neck o' woods. If you were so lucky as to receive a "Money Gift," you can do no better
than invest it in a SWINTON lot. A little over three months ago we placed 1000 lots on sale; today there are less
than a hundred of them left. Others have invested in SWINTON and made a turn at a handsome profit already
why wouldn't it be a good thing for you to do likewise while you can? Perhaps there's some member of your family
who is a wage-earner and whom you want to encourage in thrifty frugal habits. Make a payment and take a con
tract and make them keep up the small monthly payment of 2 per cent. Money that would otherwise be frittered
away for trifles will be placed where it is sure to double in a very short time. We could go on forever and a day and
then not tell you all the reasons for investing in real estate of proven good quality, and SWINTON surely has that
quality above all others.
Streets are graded to city engineer's stakes. "Water mains in front of each lot and all brush cleared off 3-011 see
what 3-011 get.
Interested? Then let us take 3-ou out and show you what SWINTON really is. N. B. Remember that there's an
advance of 10 per cent on the price of SWINTON lots in a few days.
Columbia Trust Company
Floor Couch Building
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but the defense then became conscious
of hopes that she could appear before
the Jury In person by Saturday.
COLLEGE MEN CHUMS KISS
Joy and Sympathy Among Students
at 1eyden Cnlverslty.
Leyden (Germany) Letter to the Bos
ton Globe.
It Is Interesting to be at Leyden
when examinations are going on.
Groups of friends gather together In
the small court entrance to await the
result, and when a student comes down
the stairs with a happy face his friends
give Joyous shouts, fling their arms
about him, frankly kiss both sides of
his face, and with arms enlocked they
march off to celebrate at some cafe
the great good fortune of their friend.
If the ' poor fellow comes stumbling
down the stairs, half blinded by his
tears, the friends gather about him
with expressions of sympathy; em
bracing him, and kissing his wet
cheeks, while some wipe his face with
their handkerchiefs, and even weep
with him. In a few moments this sym
pathy gives him courage, and then his
friends pat him on the back, thump his
shoulders, tell each other that any man
would fall In such a difficult examina
tion, and at length walk him off
probably to a cafe with a look In his
face as If there might yet be a chance
for him in this hard world.
It is a pleasant sight to watch this
entirely sympathetic action. In which
there is no shadow of self-consciousness.
Even while It looks odd to us
Americans to see college men kiss and
embrace each other, there is such af
fectionate sincerity and frankness of
sympathy. It impresses us.
Chicago. The greatest mass meeting of
the Chicago women's suffragist campaign
will be held January 10. The principal
speaker, probably, will be ex-Governor Huch.
ot Kuuu i
Office Open This Forenoon
Christmas
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MARRIES HOOD CHOICE
WIDOW WITH FOUR GIKIS AXD
FORTCXE TAKES PLUMBER.
Children Are Satisfied, so Are Prin
cipals in Match, and
That's All.
BATH BEACH. N. Y., Dec. 24. "We
were. married at 5 o'clock last night In
Jersey City. Love. KITTY."
This telegram from the former Mrs.
Mary Randolph, and received by one of
her four pretty daughters at the Ran
dolph home, 32 Bay Seventeenth street,
one day last week, certainly put them all
in a nutter.
It was somewhat of a shock to them,
of course, but then they knew all about
their mamma's romance, and now they
are waiting to give the bride and bride
groom a rousing welcome when they re
turn from the honeymoon trip.
The whereabouts of the couple is un
known to the daughters, but even if the
telegram didn't say so. they know who
their mother's new husband Is. He Is
Thomas Lang, a prosperous Harlem
plumber.
Lang was an old flame of Mrs. Ran
dolph's. In fact. It Is well known that
they were as good as engaged when but
girl and boy, the engagement having
been broken by Mrs. Randolph's parents
because of the young man's obscure pros
pects financially. Richard Randolph,
whose business was far more promising,
was chosen as her husband.
Somewhat against her will. Miss Mary
married him. They did well, and in time
amassed a fortune. At her husband's
death Mrs. Randolph found herself the
possessor of several hundred thousand
dollars, well Invested in real estate, both
In New York and elsewhere. Lang "re
mained single, and when he heard of the
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i oaay ;
Fourth Street, Near
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death of his old sweetheart's husband fie
called upon her. He, too, had grown more
prosperous with increasing' years and
Harlem patrons.
Lang became almost a dailv visitor
I after that and well, the wedding took
place in Jersey City last Wednesday. Lit
tle Miss Kitty, the youngest of the four
daughters the others are Alvira. Minnie
and Ellis told a reporter all she knew
about it and showed the telegram she
had received from her mother.
"Mother's marriage to Mr. Lang was
quite a shock to all of us." she said.
"We girls never suspected anything like
that happening. You see. they were such
old friends, and mother well, mother
must be nearly 45 and has us big girls,
you know and it was Just the last thing
we ever dreamed of.
"Mr. Lang has been a constant visitor
and they really thought a lot of each
other, but the other night before we got
the telegram we thought she had gone
shopping.
She started out with that intention in
the afternoon, and by night time she had
not returned, and we girls were getting
real anxious." thinking something must
have happened to her. When we got her
wire then it was all right.
"Oh. yes. Mr. Lang is a nice man. and
we like him. Good looking? M-M-M
well, he'd pass In a crowd and he's got
a real nice disposition. Yes. we approve
all right. Only ma should have told us.
We haven't heard a word from them
since, but everything will come out fine."
Mrs. Randolph Is handsome and pos
sessed of $50,000. She inherited a fortune
on the death of her first husband five
years ago and owns much realty In Har
lem and other parts of New York. She
also owns a number of houses In Bath
Beach, Including the one she bult not
long ago as a home-for herself and four
of her daughters. A fifth daughter. Mrs.
Albert Huott. lives just a block from her
mother's home.
Yuma. Ariz. The Tvaguna. cotferiiam
stamls Intact, but it has rnulrert tho uni
ted efforts of all the crewa employed In
stemming the tide of the swollen river with
sand bags. For 12 hours the water came
through the sluiceways In walls six feet
high, cutting the soft ground and duodlng
the surface of the dam.
aTW
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Washington
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1 1 1 1 i H I
in
BRAVE RESCUE AT FIRE
New York Tenement Blaze Scene of
Great Daring.
NEW YORK, Dec. 24. Another of . New
York's typical tenement-house fires, re
plete with sensational rescues, panic
stricken women and children and terrified
men, occurred In Harlem early today.
Shortly before 3 o'clock flames burst
from the upper floors of the double tenement-house
at No. 122-124 West 127th'
street, gutting the structure.
One man was killed and three other men
and a woman were seriously burned, while
the lives of many others were 6aved
only by prompt, heroic work by firemen
and the tenants themselves.
The man who lost his life was Daniel
Frizzel, 18 years old, an Englishman who
lived with a family named Looker on the
top floor.
The injured are:
Mrs. Alice Looker, 50 years old. burned
about the head end body; condition se
rious. Charles Looker, her son, burned about
head and feet. Harrison Looker, another
son, hands and arms burned. David Mul
len, fireman, burned about hands and
feet. Mullen received his burns in saving
the life of Mrs. Looker. He rushed up a
ladder to a fifth-story window, from
which Mrs. Looker was about to jump to
the ground, shouting encouragement to
the woman and telling her not to jump.
Although the flames were pressing close
behind her, she waited and was reaching
out to meet Mullen's arms when she
fainted and fell back Into the blazing
room. Mullen plunged headlong after her
through the window, from which clouds
of smoke and flames were swirling. When
he found Mrs. Looker, her night clothing
were a-blaze. He beat out the flames
with his bare arms, tore off his coat and
wrapped it around her. Mullen then car
ried the unconscious woman through the
flames and to the window and half way
down the ladder, where his companions
were waiting. Frizzel's blackened body
was found later by the firemen. Th
building wss damaged to the extent of
about tlS.OOO,
i