OCT
VOL. LX NO. 19. 00.5
Entered at Portland Oregon)
Pnsrofflre nil Sfnnd-"'!aii Matter
PORTLAND, OREGON, WEDNESDAY, OCTOBER 19, 1921
PRICE FIVE CENTS
IVE LAUD
10 AVERT SUE
Government! Public and
Some Unions Act.
HARDING CALLS MEETING
Labor Board and Heads of
5 Organizations Ordering
, . Walkout to Gather.
FREIGHT RATE CUT IS ASKED
Farm Bureau Federation Pe
titions Commerce Commis
sion to Reduce Scale.
7 11
DAY'S DEVELOPMENTS I-H
PROPOSED RAIL STRIKE.
Move to prevent strike is
launched by government, pub
lic and some union agencies.
I Labor board's conference call
Is accepted by three of strike
leaders.
Meeting scheduled for tomor
row. Hub of union activities moves
back from Cleveland to Chi
cago. Cut In freight rates Is hinted
at by President Harding, and
hope for strike settlement is
Increased.
Oregon rail officials declare
trains will be moved despite
strike.
Rail labor board, facing acid
test, will get full support of
government.
District meetings of rail ex
ecutives called to discuss strike
programme.
CHICAGO, Oct. 18. (By the As
sociated Tress.) Effort to avert the
nation-wide rail strike scheduled for
October 30 tonight found govern
mental agencies, representatives of
the public and some railway labor
unions taking action simultaneously
which all three hope would prevent a
tieup of the transportation system.
Foremost among ' moves being
made was a meeting between the
railroad labor board and heads of
the five unions which have already
authorized men to strike, called for
Thursday by the board and at the
request of President Harding, it was
said by board members.
Freight Rate Cut Asked.
The first move by a public organ
ization to avert a strike came when
the American Farm Bureau federa
tion, representing 1,250,000 farmers,
sent petitions to the interstate com
merce commission asking an imme
diate 10 to 20 per cent reduction in
freight rates on necessities, and an
nounced that it also would appeal to
the labor board not to grant a new
10 per cent wage reduction which
the roads have announced they will
seek, but rather to revise wages
generally in accordance with the cost
of living.
Concurrence in these requests
should avert the strike, the federa
tion said, and volunteered to meet
with the union and rail representa
tives as a mediator.
Meetings to Last AH Week.
Meetings to last all week will be
started tomorrow by the 11 rail
unions which have not yet issued
strike calls, although most of them
have voted for a strike. Leaders of
several of these unions announced
that at the meeting they will op
pose a strike call in the hope a split
between them and the five unions
already authorizing a walkout may
avert a strike.
Union leaders called in by the
labor board were . W. S. Carter,
president of the Brotherhood of Lo
comotive Firemen and Enginemen;
Warren S. Stone, president of the
Brotherhood of Locomotive Engi
neers; William G. Lee, president of
the Brotherhood of Railroad Train
men; L. E. Sheppard, president of
the Order of Railway Conductors,
and T. C. Cashen, president of
the Switchmen's Union of North
America.
Aim Is to Prevent Strike.
The conference was called for the
avowed purpose of preventing a
strike, according to Ben Hooper,
vice-chairman of the labor board.
(Concluded on Page 2, Column 1.)
TRAINS TO CONTINUE D II
TO DIIM 10 DDnMICCilln
iu nun. io rnumioi.
OREGON KAIL OFFICIALS SAY
RESERVE FORCE IS READY.
Men Sow in Offices and at Other
Work Are Declared Capable
of Handling Situation.
Should the threatened railroad
strike result In every union rail man
leaving his post Portland and the
northwest would have railroad serv
ice, limited at first, but with contin
uously Increasing scope, according to
railroad officials.
In addition to railroad service,
there are available large numbers of
motor busses, motor trucks and both
river and ocean vessels. All of these
means of transportation would be
used to maximum capacity of service
Immediately the rail strike went Into
effect.
The first care of the railroads will
be to look after the mail. After that,
perishable freight will have attention,
Including foodstuffs. Then will come
passenger service, and then movement
of merchandise and fuel.
The railroad officials are not wor
rying much from the operation stand
point. The chief apprehension la over
inconvenience to the public and the
losses that must be sustained by many
shippers and the railroads through
the restricted service.
The railroads have an Immense re
serve force to fall back upon In case
of a tie-up. It was declared. This re
serve force was never better organ
ized than at present. At every new
threat of a general strike the last
few years the railroad executives
have Improved this reserve force.
The nucleus of this reserve force Is
comprised of the men now holding
office and sub-officer positfbns men
who have had experience in operation.
All of them are catalogued and would
be the first to go Into the operating
end in case of a strike. It has been
the business of all railroads through
out the country for several years to
catalogue every position an employe
has filled.
Second In line of the reserve force
are the ex-railroad men who have
lost their positions through need of
the railroads to curtail expenses since
the return of the lines from the gov
ernment and who are eager to find
work. These men have had experience
In every line of railroading. Large
numbers of such men have been
thrown out of employment in the last
year.
They include engineers, conductors,
firemen and brakemen: In addition,
there are many men now employed
who hav been reduced from engi
neers to firemen and from conductors
to brakemen and who would take the
first .chance available to better their
lot through a strike, according to
railroad officials.
The belief was expressed by rail
road officials that many men will not
answer the strike call.
Although the rail service may be
crippled badly, there Is little danger
that Portland will suffer from lack
of transportation of foodstuffs, fuel
and .merchandise for reasonable dis
tances. Besides what the shipping board
might do to help a general situation,
there are many boats lying idle here,
and they could be used during the
emergency.
In the words of a railroad man:
"Portland could be cut off entirely
from railroad service forever with
out a train running into It and It
would be able to exist with compara
tive comfort through use alone of
ships to and from any part of the
world and the coast of the United
States and the use of motor transpor
tation at least anywhere along the
Pacific coast."
STAGE DIVES INTO RIVER
Three Passengers Hurt in Crash
Near Gladstone, Or.
OREGON CITY, Or., Oct. 18. (Spe
cial.) Three persons were painfully
injured about 9 o'clock tonight when
an automobile stage, bound from
Salem to Portland, dove over a 60-foot
bank, leaped across a raft of logs and
landed In the middle of the Clackamas
river. The stage fell right side up
and in only a few feet of water. The
stream is narrow at that point.
The accident occurred at a jog In
the road In front of the C. C. Garlick
place. The driver, P. Van Deatta, evi
dently lost control of the big car. The
injured, Mrs Laura Breen of Salem,
who sustained a broken arm, and two
men who were badly cut, were sent to
Portland In passing automobiles.
BERGD0LL PAPERS GONE
Official Documents Stolen From
Desk In Washington.
WASHIXGTOX, D. C. Oct. 18. A
box containing many official papers
relating to the congressional Investi
gation of . the escape of Grover C
Bergdoll. the draft dodger, and some
private family documents, was stolen
last night from the office of Repre
sentative Johnson, democrat, Ken
tucky. The office Is on the main floor of
the house office building.
DRY LAWS ARE SUSTAINED
Wets in Six Provinces Lose Cases
Against Prohibition.
OTTAWA. Ont.. Oct. 18. Prohibi
tion laws in six Canadian provinces
adopted as a result of the dominion
temperance act were held constitu-j
tional today in a test case.
The Canadian supreme court dis
missed a suit which Gold Seal Limited
had brought against the dominion
express company because of refusal
to transport liquor.
U 0
FACES ACID TEST
Practicability of Agency
at Stake in Strike.
FREE HAND IS PERMITTED
Defensive Plans Are Com
pleted by Government.
NEW ACTION AWAITED
Mediation System to Be on Trial
When Compromise Is Sub
mitted to 2 "actions.
WASHINGTON. D. C, Oct, 18. The
threatened railroad strike was recog
nized in high official circles today as
having developed Into the first real
test of the practicability of the
railroad labor board. The outcome
of the negotiations now in progress,
It was declared, would determine
whether an "entirely futile" agency
has been created.
. Prominent in the defense put for
ward by labor leaders In every con
troversy In the past, it was pointed
out, was the plea that there was no
legally constituted body before which
they could lay their grievances, or
to whose Impartial Judgment they
could submit petitions for relief.
Free Hand Given Board.
With the. labor board, expressly
created to fill this gap, , assurance
vas given today it would be permit
ted a free hand In Its efforts to meet
the Initial test provided by the dis
agreement of the railroads and their
employes over wage schedules .and
working conditions.
With practically every active effort
toward averting the walkout sched
uled to begin October 30 centered in
Chicago, the government today had
completed its defensive plans and
was watching developments.
While authoritative information
stLll was lacking as to the basis on
which the labor board was proceeding,
the impression was given that it in
volved some features, at least, of the
suggestion put forward by the pub
lic members of the board Sunday as
"one feasible plan" for preventing
the tieup.'
The probability that official sanc
tion would be given the proposal that
the July wage reduction be offset im
mediately by proportionate freight
rate decreases was discussed in offi
cial circles. In case this was adopted
as the government's compromise plan
the test of the railroad board's au
thority would arise Immediately, it
was pointed out, in the question of
its acceptance by either or both of
the parties to the controversy.
Apart from the suggestion of the
(Concluded on Page 2. Column 2.)
JOHN L RAND NAMED
TO SUPREME BENCH
BAKER MAX CHOSEX TO SUC
CEED LATE MR. BEXSOX.
Acceptance of Appointment Is Pre
dicted in Salens Funeral of
Late Justice Is Held.
SALEM. Or.. Oct. 18. (Special.)
John L. Rand, prominent attorney of
Baker, tonight was appointed by Gov
ernor Olcott as associate Justice of
the Oregon supreme court to succeed
Justice Henry L. Benson, who died
here early last Sunday. It was said
here tonight that Mr. Rand will ac
cept the appointment.
Mr. Rand was bora October 28, 1881,
at Portsmouth, N. H. He was educated
in the public schools there and at
Smith's preparatory school, also of
Portsmouth. He also Is a gradute of
Dartmouth college, from which In
stitution he graduated in 18S3. re
ceiving the degree of A, B.
Attorney Rand was admitted to the
bar at Walla Walla, Wash., in May.
1885. He came to Oiegon in July of
that year and in May, 1886, was ad
mitted to the bar in this state where
he has been In active practice ever
since at Baker.
He was elected district attorney of
the sixth Judicial district in 1888
anJ.1894 and was elected state senator
from Baker. Malheur and Harney
oountles in 1902. Mr, Rand has been
highly successful as a prosecuting at
torney and prominent as a citizen. He
Is a member of the board of higher
curricula, to which place he was ap
pointed by Governor Olcott.
By the appointment of Mr. Rand
the supreme court will retain two
members from eastern Oregon. Justice
Benson, at the time of bis election to
the supreme bench, was a resident of
Klamath Falls, which is in the east
ern Oregon district.
Funeral services for Justice Benson
were held In the First Methodist Epis
copal church this afternoon.
The funeral sermon was delivered
by Dr. Carl G. Doney, president of
Willamette university, while Judge
Wallace McCamant of Portland, ex
Justice of the Oregon supreme court
and a close friend ' the Jurist for
more than 25 years, gave the eulogy.
Mrs. W. Carlton Smith sang.
Dr. Doney discussed the life of Jus
tice Benson from the angle of a
Christian, educator and forceful char
acter In the development and perpet
uation of better community interests.
His earthly accomplishments. Dr.
Doney said, would ever stand as a
monument to his memory.
Resolutions of condolence adopted
by the business men's class of the
local Methodist Sunday school, of
which Justice Benson was Instructor,
and the faculty of Willamette uni
versity were read by Dr. Doney. Jus
tice Benson was a trustee of Willam
ette university and had given valua-.
ble service in that capacity. Dr. Doney
said.
Judge McCamant spoke feelingly of
his long acquaintanceship with Jus
tice Benson. J(ie referred to the Jurist
ac a man of strong character, of sym
pathetic nature and a person who
was admired and respected by all
those with whom he came in contact.
The funeral was 'attended by a
large crowd. Including many friends
(ConcludedonPase4.Column3.)
PREPARING FOR THE RAILROAD STRIKE.
: : J 71
PORTLAND IS CHOSEN
FLEET SALES CENTER
HEADQUARTERS FOR, IDAHO
AD MONTANA ALSO.
Plan Is to Make It as Easy to Buy
Supplies as It Is From Cor
ner Grocery Store.
THE OREGONIAN NEWS BUREAU.
Washington, D. C, Oct. 18. Portland
is to be headquarters for' the Oregon
district, comprising Oregon, Idaho
and Montana, in a comprehensive pol
icy for disposing of surplus supplies
of the emergency fleet corporation. It
was announced today.
- For the purpose of selling surplus
materials originally jralued at 8125.
000,000, but now appraised at 835,
000,000, the country has been divided
in seven districts, Joseph W. Powell,
president of the emergency fleet cor
poration, said.
These districts include three of the
Pacific coast, as follows: Northern
Pacific, Washington and points In
western Canada, headquarters, United
States shipping board warehouse,
Tacoma; Oregon, United States ship
ping beard warehouse, St. Johns,
Portland; southern Pacific, Califor
nia. Utah, Nevada and Arizona, head
quarters. United States shipping board
warehouse, Alameda.
In outlining the new sales policy
President Powell said:
"The aim of the corporation, in out
lining its policy, has been to remove
all restrictions and limitations which
have tended to make difficult the
purchase of government-owned sup
plies by the general public corpora
tions or others not thoroughly fa
miliar with usual governmental re
quirements. Each of the district di
rectors, of sales will be authorized to
make cash sales of property in
amounts not exceeding 85000. and ws
Intend to make it just as easy to pur
chase from one of the fleet corpora
tion's stores in quantities not ex
ceeding this amount as it Is from the
usual corner grocery stoie. Where
the materials run Into values greater
than 15000. approval by thu manager
of the material sales division, located
In Washington, will be necessary, but
the organization will be such as to
permit immediate action on such pur
chases. "In developing the policy of sales
the fleet corporation has made pre
vision not only for sales to the public,
but of transfer to other government
departments along the lines laid
down by General Dawes, for in trans
fers of this character the amount of
the sale is returned to the treasury,
and in addition the government la
saved the difference between the sale
value and the price Ahat the purchas
ing department would have to pay lfj
it went Into the open market to meet
its needs."
NATIONAL SELLING PLAN
Farmers' Committee Working Out
Livestock Marketing.
CHICAGO, Oct. 18. The outline of
a national co-operative livestock mar
keting plan was being whipped into
shape today by the farmers' livestock
marketing committee of 15 for pres
entation to a ratification conference
in Chicago November 10.
The committee is fostered by the
American Farm Bureau federation,
and has for its chairman C. H. Gus
tafson of Lincoln. Neb.
1 '
SENATE-RATIFIES'
3 PEACE TREATIES
German, Austrian, Hun
garian Pacts Approved.
VOTE ON TWO IS 66 TO 20
Three Senators Absent Dur
ing Rollcall on Third.
FULL PEACE RESTORED
Reservations Reported by For
eign Relations Committee In
cluded in Action.
WASHINGTON. D. C, Oct. 18. The
administration's peace treaties with
Germany, Austria and Hungary were
ratified by the senate tonight, the
vote on the first two being 8 to 20.
or eight more than the necessary
two-thirds and in the case of the
Hungarian treaty, due to the absence
of three senators, 68 to 17.
The action completed the admin
istration's immediate peace- pro
gramme'and brought a full state of
peace with the principal enemy pow
ers. Remaining now only are the
formal exchanges of ratification ex
cept In the case of the Hungarian
treaty, as that government alone has
yet to complete parliamentary action.
Only Three Republicans Vote No.
Only three republicans, Borah of
Idaho. La Follette of Wisconsin and
Norrls of Nebraska, who, absent on
account of illness, was paired against
ratification, voted against the treat
ies. Fourteen democrats supported
the treaties while two more were
paired In favor of ratification.'
Prior to the final vote all attempts
to amend the treaty or the reserva
tions reported by the foreign rela
tions committee were rested.
The latter, . which wfcre ' adopted
without a record vote. Vrovlde that
the United States shall ni have rep
resentation on the allied-reparations
commission or on any other Interna
tional agency without consent of con
gress. Substitute la Rejected.
'At effort to substitute the treaty
of Versailles with tbe 12 Lodge reser
vations also was voted down, 69 to
25. The motion was made by Senator
King, democrat, Utah., but Senator
Lodge, republican leader, declared
that the substitute was not in order,
the Versailles treaty not being before
the senate, and moved to table the
proposal.
Another reservation proposed by
Senator McKellar, democrat, Tennes
see, providing that Germany should
acknowledge and accept full respon
sibility for provoking the war, was
defeated. 66 to 12.
An amendment offered by Senator
King, declaring against confiscation
of property of German citizens seized
by the alien property custodian, was
rejected without a rollcall.
The rollcall on ratification of the
Garman treaty follows:
For Ratlflcatloni
Republicans Ball, Brandegee, Bru
sum, Calder, Cameron, Capper, Colt,
Cummins. Curtis, Dillingham, Dupont,
Edge, Elkins, Ernst. Fernald, France,
Frelinghuysen, Gooding, Hale, Har
reld, Johnson, Kellogg, Ken yon,
Keyes, Lenroot, Lodge, McCormick,
McCumber, McKinley, McLean, Mc.
Nary, Moses, Nelson, New, Newberry,
Nicholson, Norbeck. Oddle, Page. Pen
rose, Poindexter, Shortrldge, Smoot,
Spencer, Sterling, Sutherland, Towns
end, Wadsworth, Warren, Watson
(Indiana), Weller and Willis. Total 52.
Democrats Ashurst, Broussard,
Dial, Fletcher, Gerry, Kendrlck,
Myers, Owen, Pomerene, Ransdell,
Shields, Trammel, Underwood and
Walsh (Massachusetts). Total 11.
Against Ratification!
Republicans Borah and La Follette.
Total 2.
Democrats Caraway, Culberson,
Glass, Harris, Harrison, Helfin, Jones
(New Mexico), King, McKellar, Over
man, Pitman. Reed, Sheppard, Sim
mons, Stanley, Walsh (Montana),
Watson (Georgia), and Williams. To
tal 18.
With the vacancy caused by the
death of Senator Knox the total mem
bership of the senate was 95. Nine
senators were paired as follows:
Hitchcock, democrat, Nebraska;
Jones, republican, Washington; Ladd.
republican. North Dakota; Phlpps, re
publican, Colorado; Smith, democrat.
South Carolina, and Stanfleld, re
publican, Oregon, for ratifications,
and Norris, republican, Nebraska;
Robinson, democrat, Arkansas, and
Swanson, democrat. Virginia, against
ratification.
Senator Johnson, republican, Cali
fornia, an "Irreconcilable" in the Ver
sailles treaty fight, opened the day's
discussion in the senate with a state
ment explaining his position on ratifi
cation. Senator Johnson said he could not
subscribe to the views of other "ir
reconcilables" that the treaty would
be lively to Involve this country in
European entanglements, although
recognizing the sincerity of those
holding that view.
Reed Offers Amendment.
Senator Borah, republican, Idaho,
declared he could not subscribe to
views of Senator Johnson that the
(Concluded on Page 4, Column i-J
TROOPS, ABLE TO RUN
TRAINS, BEING LISTED
CANVASS OF EIGHTH ARMY
CORPS AREA ORDERED.
Action Is Declared to Be Only
Accordance With Policy ot
Preparedness Always.
in
SAN ANTONIO. Tex., Oct. 18. (By
the Associated Press.) Orders for a
canvass of all military commands in
the Sth army corps area, comprising
five states, for soldiers experienced
In the operation of railway trains and
maintenance of ways, have been Is
sued at area headauarters. Fort Sam
Houston, It was learned today.
The report. It was said, would show
the number ot officers and enlisted
men of each command who have ad
railroad experience In 26 lines of
work. The men are to be classified
under five heads: Officials, train em
ployes, yard and station employes,
shopmen and maintenance of way and
construction. Personnel officers have
been Instructed to compile the Infor
mation from records of each soldier
and submit the report to head
quarters. The list or railroad workers under
which experienced men would be
classified Is as follows:
Officials: Superintendents, master
mechanics, tralnsmasters, roundhouse
foremen, dispatchers.
Train employes: Conductors, loco
motive engineers, locomotive firemen,
brakemen.
Yard and station employes: Sta
tion agents, clerks, telegraph oper
ators, yard clerks, switchmen.
Shopmen: Clerks, machinists, boil
ermakers, carmen, blacksmiths, acet
ylene welders, hostlers, roundhouse
men.
Maintenance of way and structures:
Bridge carpenters, piledrivers and
crane engineers. structural steel
workers and trackmen.
States In the 8th area are Texas,
Oklahoma, New Mexico, Arizona and
Colorado.
WASHINGTON, Oct. 18. (By the
Associated Press.) The canvass or
dered among military commands In
connection with the threatened rail
road strike was understood to have
been ordered by officers of the gen
eral staff in line with the general
policy of always being prepared to
act at a moment's notice If an emer
gency develops and also to be In a
position to give Information as to
resources quickly should administra
tion desire it.
Although no officials would com
ment on the orders Issued at San
Antonio, It is understood Secretary
Weeks has taken no such action.
and the canvass has been ordered as
a matter of routine by officers. Other
departments of the government. It
was understood, had begun a canvass
of the situation to be In a position
to act intelligently, if necessary.' It
was made clear, however, that the
situation was so nebulous as to make
It practical to await developments
before taking action.
MARINERS ARJ WARNED
Storm Off A'ancouver Island Moves
Southeast liapldly.
The weather bureau issued warning
to coast shipping last night of a storm
off Vancouver island, moving rapidly
southeast bringing southeast gales
through today.
The gales will be confined almost
entirely to the coast it was said by
Frank Gillam, temporarily in charge
of the station here.
INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maximum temperature, 68
dFRrMs; minimum, o aegreea.
TODAY'S Rain.
Strike.
Troops, able to run tralna. Hated by army
officers, rage i.
Move to prevent strike is launched.
Page 1.
Oregon rail officials declare trains will
run despite strike. Page 1.
Rail labor board la facing firat real teat
Page 1.
President's hint at rate cut causes specu
lation. Page 8.
Labor board's conference eall accepted
by three strike trailers, rag z.
Rail labor board atlU in dark as to what
to do. rage a.
Union chiefs flout labor board court.
Page 8.
Foreign.
Ex-King Ludwlg of Bavaria dead in Hun
gary. Page 4.
British delegates to armament conference
named by prime minister, rage o.
Chancellor Wtrth announcea Intent to re
algn. Page 5.
H O. Wells confident of results of coming
armament conrerence. rage o.
Ulster forces begin reorganising. Page l4.
National.
Portland Is chosen headquarters for sale
of surplus fleet supplies. Page 1.
Senate ratifies German. Austrian and Hun
earlan peace treaties. rage 1.
Director Forbes attacks placement of dis
abled soldiers, rage 10.
Domestic.
Capture of yacht unfolds weird tale of sea.
Page 8.
Profitable farming under present freight
rates Impossible, say governors, rage .
Kleagle tried here turns on Klan. Page 9.
District Attorney Brady, Investigating
Arbuckle case, loses quart ot whisky.
Page i.
Pacific Northwest.
Alienists hold Brumfield is aane. Page 1.
John L.. Rand named to supreme bench to
aucceed late justice .Benson. rage l.
Pports.
Smith tough customer for Denver Ed
Martin, rage 11.
Washington players In pink of condition
for game wltn Aggies, rage la.
Commercial and Marine.
Local wheat bids at lowest point of season.
Page 23. .
Chicago wheat slumps with lack of buying
orders. Page 23.
Rali stocks recover and specialties are
firmer, rage ia.
New municipal elevator success at loading
grain. Page 22.
Portland and Vicinity.
Merchants favor downtown parking.
Paga 12.
Scout conference opens la library.
Page IS.
Foreign gold floods American financial
market for investment. Page L'2.
Farewell banquet given Milton A Miller.
Page 8.
Autolt who bit and fled la arretted.
Page iS-
ALIENISTS
BH DM
Holes Torn Into Defense
by Two Physicians.
CASE GOES TO JURY TODAY
Prisoner Keeps His Nerve in
Face of Reverses.
STATE REBUTTAL STRONG
Witnesses to Offset Innantty Pica
Declare Dentist Normal About
Date of Russell Murder.
BY DON SKENE.
ROSEBURG. Or.. Oct. 18. (Special.)
The fate of Richard II. Brumfield,
charged with murder, will be In the
hands of the Jury tomorrow night.
Attorneys for prosecution and de
fense rested their respective cases
this afternoon and plans were made
to present the closing arguments to
morrow. Judge Binghnm announced
that he would Issue his Instructions
and send the Jury out to deliberate
on a verdict, even If a night session
were necessary to reach this stage of
the trial.
Palo and tense, Dr. Brumfield to
day heard two recognized experts on
Insanity answer a hypothetical ques
tion based on the testimony In the
case, with the firm professional
opinion '.hat the defendant was not
Insane on the July night when he
Is alleged to have murdered Dennis
Russell by methods of unusual bru
tality. Holes Torn In Defense.
Dr. 'William House of Portland, an
authority on the brain and nervous
diseases, and Dr. George E. Houck of
Roseburg were the physicians who
tore holes In the Insanity plea of the
defense. Their testimony outweighed
that of Dr. B. F. Scalfe of Kugene,
who testified that In his opinion the
defendant had suffered from "a com
pound type of insanity which had
some of the elements of several
forms," but who gave only a vague
explanation of what - he meant by
these terms.
The prosecution added to the ad
vantage of expert medical testimony
by calling nine other witnesses who
had observed Dr. Brumfield on the
day of the murder, or a few days be
fore, and whose general opinion was
that they had noticed nothing un
usual In the actions of the defend
ant at that time.
Defendant Keeps Hln Nerve.
In spite of the damaging testimony
piled up by the state, the remarkable
self-control of Dr. Brumfield did not
waver. The accused slayer walked
briskly to the Jail after adjournment
tonight, before a crowd of girls nnd
old women who had waited patiently
on the courthouse lawn for his ap
pearance, which was about 40 min
utes behind his regular schedule be
cause of a conference In court.
He entered the Jail and told offi
cers that he felt Jlnc. He whistled
gay, tuneless airs as he busied him
self making a fire In his cell. His
conduct killed the rumor that he hud
expressed the belief that he "had
almost given up hope," and the un
founded report that tears had filled
his eye a after the sessions today.
Dr. House testified that he had
met and examined Dr. Brumfield.
August 17, in the county Jail at Port
land, and that he had spent about 40
minutes talking to the defendant and
observing him.
"He answered all questions Intel
ligently," said Dr. House. "He said
he remembered nothing after July
10, but described the automobile ride
he took on that morning.
Vague About Finances.
"He recalled the Incidents of his
visit to Portland and Blaine, 'Wash.,
shortly after the murder as much as
he did yesterday on the witness
stand. He talked vaguely of his fi
nances, and told me that he hud an
Income of 1700 or SSOO a month.
"Dr. Brumfield said he had a wife
and three children whom he loved.
His eyes dimmed with some emotion,
but that was natural and not the re
sult of a mental breakdown.
"The defendant was perfectly sane
at that time."
Dr. House was then asked the long
hypothetical question Involving a
synopsis of all the testimony pre
sented in the trial.
"Assuming these facts to be true,
was the defendant sane or insane July
13?" asked Deputy Prosecutor Ham
mersly. Prisoner la Held Sane.
"He was not insane," answered Dr.
House.
"Did he have sufficient mental ca
pacity on that date to distinguish
right from wrong, and appreciate the
nature and consequence of his act?"
"He did, in my opinion," said the
physician. "AlthouKh the act was not
rational, no evidence of insanity was
present."
The defense confined cross-examination
of Dr. House to a few unim
portant questions.
Dr. Houck followed the Tortland
alienist on the witness stand. He tes
tified that he had been a physician
for 31 years, and had served in France
(Concluded ou Past a. Column 1.)
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