THE MOItXIXG OREGOXIAN, THURSDAY, NOVEMBER 17, 1021
7
GOVERiVOR EXPLAINS
RATHiE CASE STAND
iply to Appeal Tells 'Why
Murderer Must Hang.
DOOMED MAN RINGLEADER
Killing of Sheriff Taylor Held Due
to Conspiracy Which. Slayer
Helped Hatch.
SALEM, Or., Nov. 16. (Special.) In
reply to one of the many appeals re
ceived by him for clemency in the
case of John L. Rathle, under sen
tence with others to be hanged here
for complicity in the murder of Sher
iff Til Taylor, of Umatilla county.
Governor Olcott has written a letter
reviewing and clarifying- the whole
case In Its relation to the compara
tive guilt of the participants. The
. governor says in his letter:
' As you say, a most serious and grave
responsibility rests upon an executive who
Is called upon to determine whether a
human ll'e shall be taken under the man
date of the law. perhaps no one can real
ize that ao fully as the executive himself
who is confronted by such problems and
must make the final decision.
I understand that a deep Interest hai
been manifested In the case of Bathle
In reward to whom you have written. His
accomplice. Kerby, or Owens, seems to be
less fortunate than Kathle and apparent!)
has no defenders. If so, none has appealed
for him to this office. On the other hand
the case of Kathle seems to have excited
. a widespread sympathy, possibly because
he served In the recent world war; possibly
because of the sterling, strong character
of his mother; possibly because of bis own
personality, or perhaps, because of rea
sons not brought to my attention. Ths
fact remain that such sympathy exists.
Both Men Equally Guilty.
Hut if nna familiarizes himself with
the record at the trial of these men: If
he analyzes the testimony not only lven
against them, but by the very aeienaants,
speaking for their lives In their own be
half 4, la difficult in see how one can
avoid the final conclusion that both of
these men were equally resuonsioie wuu
the man of poorly endowed mentality who
already has paid the penalty for the klll
of one of Oregon's finest citizens.
Because you refer to Rathle atone I
will endeavor to set out to you some of the
points In his case whicn may nave escapeu
your observation.
it wa In Rjithle's cell, on Rathlo's bunk
that the plot was hatched which resulted
In the death of Sheriff Til Taylor. On
Kathle'a own admission it was he who was
to strike the first blow at the Jailer, it
was he who did strike the first blow, who
held the arms of the Jalierr pinionea wnne
his accomplices bound him and made him
helpless. On Rathle's own admission In
the grand Jury room, testified to by men
of veracity and standing, selected to serve
aa grand Jurors, the whole plot was based
upon a desperate decision -to escape from
Jail, and not to stop at murder If neces
sary, and Rathle, specifically, in his own
statement to the grand Jury, as proven
by the same competent testimony I have
cited, agreed to the plan to shoot their
way out.
Grand Jury Record Quoted.
I quote the clerk of the grand Jury,
these words being taken from the trans
script of the testimony at the trial, who.
In the following quotation la telling what
Rathle hlmaelf told to the grand Jury:
"We had planned two or three nights
before to make the break and on Satur
day previous to the break we had agreed
on the time when to make the break and
during the conversation we had the re
mark was made if they had to shoot
their way out they would and he says It
suits me. These are the words he said."
I fall to see how sympathy may be
excited for one who calmly and dispas
sionately recited these facts to the grand
Jury, after he had been repeatedly warned,
time and again by the district attorney
and other officers that any statements he
made would be used against him at the
trial.
Chronologically I will endeavor to cover
Bathie's case, and I trust you will pardon
the digression I have Just made.
As I said. Rathle was the first man to
Jump onto the Jailor, as agreed to by him
when the plot was hatched on the bunk
In his own cell. He, furthermore, on his
own statement, took the Jailor's gun from
him. before the men preceded Into the
sheriff's office proper where the tragedy
took place.
Furthermore, based upon his own state
ments, the first thing he did when he
entered the sheriff's office was to search
for guns and whisky. The guns he dis
covered, two of them, and took them from
a drawer.
Bathle Aids Hart to Shoot.
Durln all of the time that Hart and
Owens were engaged with Sheriff Taylor
In the encounter which resulted in the
shooting, Kathio. further on his own ad
missions, was engaged in a hand to hand
encounter with Ouy Wyrick, a close
friend of the sheriff's and his only pos
sible reason for such encounter was to
keep Wyrick from assisting the sheriff.
Had Wyrick been able to give such assist
ance no doubt Til Taylor would have been
alive today. At lease his chance for life
would have been materially increased.
You say that evidence can be produced
to the effect that Kathle begged Hart not
to ahoot. Kathle'a own story at the trial
and before the grand Jury disproves such
a possibility. Rathie all along maintained
that he was grappled in a struggle with
Wyrick when the shooting took place and
he had no particular knowledge of what
was going on until he heard a shot fired.
If, on his own statements, he had no
knowledge of what was transpiring in the
room until the shot was fired, how could
he have warned Hart not to shoot? Rathle
made no mention of this warning at the
trial, although he was on ths witness
stand for some time and made every
possible effort he could in his own behalf
to mitigate his own share of the damn
able proceedings, even so far as to falsify
in regard to statements he previously had
made to the grand Jury.
As cited by the eminent Jurist who wrote
the opinion covering the case tor the su
preme court, there was but one ray of
light In the whole case, " and that came
from Rathie, who stopped long enough
to give the dying sheriff a drink of water.
But Rathle' radiance is somewhat
dimmed, even in that small circumstance,
by the fact that he himself said at the
trial, he gave the sheriff a drink of water
on the order and at the direction of Keal
Hart. . One reading the testimony would
almost beltevs that Rathle was ashamed
"Brush Before You Sleep"
Here's
Health!
COLGATE'S'
RIBBON DENTAL CRCAfl
Large Bass, Medhna Sbs, '
TiACHxasI For dental hygieos lessons
you can get practical suggestions and
classroom helps from Educational De
partment, Colgate &LCo.,NewYok Orr.
fm
of this small kindly act. And he took
toll from the sheriff, as, after he gave
him the cup of water, he robed the sher
iff of his gun. searching through his
clothes lor It, regardless of the fact tha
ins onicer was lying In mortal agony.
Bathle Leaves Jail Armed.
Rathle continued to be armed after he
lect the JaiL There was every indica
tion that, in his desperate straits, he would
have taken as many human lives as may
have stood between him and his liberty.
I note what you say relative to hli
financial circumstances and this being
possible reason for his not being properly
represented at the trial. Prominent at
torneys, well qualified to judge, have told
me that Kathle and his associates had a
most able defense. The records further
show that th defendant counsel was given
a fair and probably ample remuneration.
The sentiment in the community was not
so strong against him that It precluded
tuv ywyiv ui Las coulij in mica xnv
crime occurred, raising a fund tor th
defense.
Rathle and his associates bad a fair
and Impartial trial. In my mind tUere
has been no miscarriage of Justice. Of
the three under sentence of death, if there
was any extenuation whatsoever, and
which I do not admit, the small extenua
tion certainly would have been for Neal
Hart, the man who fired the fatal shot.
Unquestionably he was the tool of stronger
mentalities than his own, and not the least
among these mentalities was that of Jobs
I Rathle.
Case Has Been Studied.
You ask me to investigate this case.
reply that I have. I have investigated
as you would have Investigated were you
called upon to pass upon the question of
life or death for a fellow man. Had your
investigations been as extensive as mine
feel sure your decision would have been
the same. That decision is that nothing
has arisen to cause me to interfere in the
sentences of either of these condemned
men.
Before closing I wish to refer to one
further fact. As I said before, much of
the interest excited is this case has been
excited, I am sure, from the fact that
Rathle is an ex-soldler. I honor him for
that, as we all do. But, had John Rathle
oommltteed as a soldier, the same crime
he committed as a civilian you may rest
assured the penalty would nave oeen tne
cut. and the only difference would have
been that the operation of law would have
been much more speedy.
t wrt I can rive you no other answer
than this. It would be a distinct relief
to me if evidence arose which would snow
these men to be Innocent of the crime with
which they are cnargea. out my con
science cannot permit me to relieve them
of the legal penalty for a crime, the guilt
of which unquestionably rests tipon both
of them.
GIANT STARJS ECLIPSED
Betelgeuse Not Biggest, Declares
Professor Mlchelson.
CHICAGO, Nov. 16. Existence of
..ur otar than Betelzeuse, the
giant star whose diameter was meas
ured as 300,000,000 miles, was an
nnniiMH Vtv Prnfeasor Albert A
Mlchelson In an address before the
National Academy ol Sciences monaay
nlgnt.
a a m ay fn ttiA COTlRfpllfltfo
of Scorpio, was named as one of the
super stars, but Its exact size nas not
yet been determined, ne saia. otner
oaa whnaA mAe-nitude ma v surpass
either of these are to be .measured.
he said, Dy means or. tne new inter
ferometer, developed by Professor
Mlchelson.
, i . K ,i w BnAoVAra hfnrA the ftcademv
A I UltO.Ul i." J
Hopkins university ana troietssur
i.: Ramiiril of Yerkes observatory.
a ..ayw.A invARtlirfttlnnfl of human
mortality and the astronomical ''milky
Too much pampering and hospital
ization are weakening tne uumau
race. Professor pearl neciarea.
PpnfoaRnr Kp.rnard exhibited a eer
iea of photographs of the "milky
way." made tnrougn tne great juu-
i w at MAiinl Wlliinn whlrh
a hn IH. that the dark
spots In the "milky way" were not
holes or openings, but reaiiy aarit or
non-luminous bodies.
REALTORS HEAR REPORT
Iloqulum Dealers Told of Session of
State Branch at Olympla
HOQUIAM. Wash., Nov. 16. (Spe
cial.1 Reports from the state meet
inar of the branch or tne iMormwesi
Realty association at Olympia last
Saturday, and appointment of James
A. Hood as chairman of the annual
banquet committee, were among the
principal items to come before the
Grays Harbor realty board yesterday.
Riley B. Arthaud, secretary of the
local body, made the report on the
state meeting-. The annual banquet
is to be held January 3. A. T. Fisher
and J. E. Fairbairn were named to
assist Mr. Hood. S. K. Bowes, county
commissioner, gave a statement on
tax expenditures.
Among; those who attended the
gathering were Mr. and Mrs. E. B.
Arthaud of Hoquiam, Phil S. Locke
of Aberdeen, and J. B. Calder and
A. C. McNeill of Montesano.
PLAYLET BOOSTS FAIR
"Gloom" Routed and "Optimism"
and "Prosperity" Enthroned.
The forces of "gloom" and his aides
were routed! and "optimism" . and
"prosperity" enthroned In their right
ful positions in a playlet given at the
luncheon of the Portland Ad club at
the Benson hotel yesterday noon as
a climax of the club's campaign for
the 1925 exposition.
In the little allegory presented: by
different members of the club,
"gloom" finally was claimed by the
devil and carried out In a box en
route to regions below, while his
place was taken by his sworn ene
mies, "optimism" and "prosperity."
During the action of the playlet the
representatives of Industry, labor,
agriculture, commerce and business
all added their testimony In favor of
ths 1925 exposition and a better and
more prosperous city and state.
SHRINERS TO GIVE PLAY
Vancouver Club Plans to Present
"Father Time" This Month.
VANCOUVER, WasK, Nov. 16.
(Special.) The Vancouver Shrine
club, of Aflfl Temple, today an
nounced that It will give a perform
ance, "Father Time," on the eve
nings of November 25 and 26 In the
American Legion Community audi
torium. Miss Belle Williams, who
has produced this play In Portland,
San Francisco and Los Angeles, is
training the children here and dally
rehearsals are being held Quite a
number of the parts will be taken by
professionals who have been in the
play several times before.
There will be about 70 In the oast.
Including- those In a folk dance by
12 girls from the Vancouver Y. W.
C. A.
Two Get Licenses.
CHEHALI3, Wash.. Nov. 16. (Spe
cial.) Marriage licenses were grant
ed here today to Joseph R. Chenault
and Violet Agnes Young, both of Se
attle; John M. Tolevich and Hilda
Krusell, both of Hoquiam.
In Lancashire, England, where both
husbands and wives work In the
mills, the husband does more of the
housework kthan perhaps any other
husband In the world. Many of the
men can make a bed and prepare a
meal better than the wives can.
Reports recently compiled show
that approximately 50,000 women
from Europe have entered the United
States sine the armistice.
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BRANDS TO BE CONTINUED
Vancouver Creamery Company Will
Use Predecessor's Labels.
VANCOUVER, Wash, Nov. 18-
(SpeciaL) The Vancouver Creamery
company, at Twentieth and Main
streets, has taken over the labels and
name of the Columbia Ialry Products
company, "Maid o "Wauna," and will
put out the brands in the future. The
company will double its capacity at
once. A Ibrick building has been built
at Main and Fourteenth streets, and
will be occupied as soon as completed.
The company reports) that it 19 sell
ing 30,000 pounds of butter a month,
and with the new brand will sell
60,000 In all, to supply the trade.
Courthouse to Be Remodeled.
SALEM, Or, Nov. 16. (Special.)
Complete remodeling of the Marlon
county courthouse is being consid
ered by the county court, according to
announcement made hers today. In
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You'll find the h
The designing is right to start with; beautiful
all-wool fabrics add a note of good taste; the
expert tailoring gives the smart drape Get it all
Above, at the left, is a men's big,
warm double-breasted ulster
mmmwiwwmwBMIlmi
Fifth at Alder
'
novation of the woman Jury system
and the fact that the present court
rooms are too small were the reasons
assigned by Judge Bushey for the
proposed alterations. The Marion
county courthouse was erected 50
years ago. The cost of the proposed
Improvements have not yet been esti
mated. $2000 Back Pay Awarded.
MONTESANO, Wash., Nov. 16.
(Special.) Back pay amounting to
$200 was awarded L. N. Yarbrough,
who had sued McKinly Wilson, a
rancher, by a Jury In Judge Abel's
court yesterday. Yarbrough asked
I960, but Wilson charged that a land
contract was involved and put in a
counter claim for $1000. Many wit
nesses from the North river country
were called.
The inhabitants of St Kllda, which
Is often cut off from the mainland for
weeks during rough weather, seldom
develop coldis unless a steamer visits
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IX
These clothes for sale by
am'l Rosenblatt &
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PRUNARIANS PLAN TRIP
Big Delegation Will Represent
Clarke County at Fruit Show.
VANCOUVER, Wash., Nov. 16.
(Special.) Prunarians - In uniform
will attend the northwest rult ex
hibition in Seattle next week, leaving
here Thursday night. Clarke county
has a fruit exhibit at the exposition
and the Prunarlana have hopes of
capturing the $1000 prise.
Those wno have already signed up
to make the trip are J. W. Gardner.
W. J. Knapp, M. J. Newhouse, Harry
R, Porter, A. L. Curtln, Fred W.
Brooker, Victor H. Limber, M, S,
Cohen, William B. DuBois, George
Lee, Herbert J. Campbell, Lewis Shat
tuck, J. W. Shaw and Henry Crass.
Statutory Crime Charged.
CHEHALIS, Wash., Nov, 16. (Spe
cial.) Lee Forst was lodged In the
Lewis county Jail here today follow
ing his arret 4 iatiUJ9. i'orat,
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At the right, young men's stylish
overcoat with belt across the back
1
Gasco
was charged with a statutory crime
while employed near Galvin, his al
leged victim being a young girl.
George Stelner was arrested here by
Deputy Sheriff Herriford and taken
to Castle Rock, where he will answer
a charge of alleged assault with a
deadly weapon.
Railroad Building Rumored.
TILLAMOOK, Or., Nov. 16. (Spe
cial.) Several reports reaching this
olty, one of which was from Ralph
Williams of Portland, were to the
effect that the Hill Interests, which
have an option en the Sales Creek &
Wilson River railroad, will start work
on the road before the option expires
next June, and that tha motive power
will be eleotriclty,
Divorce Decree Refused.
SALEM, Or., Nov. 16. (Special.)
Unless sufficient grounds are recited
in the complaints, persons seeking
divorces in the circuit court presided
ovep by Judge G, G. Bingham of
Maiea county are 4tea& to sUsan
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pointment. This was Indicated here
today When Judge Bingham refused
to grant a decree of divorce to Goldle
May Sharps, wife of Claude Clayton
Sharpe, a rancher. Judge Bingham
held that both parties were young In
years at the time of their marrlnge
and apparently had little conception
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of the responsibilities of married life.
The court held that neither the plain
tiff nor the defendant was entitled
to a decree.
Begging In Egypt Is as legitimate
an occupation as la banking In Amer
ica. sii.iissh in.. .i i i m.m is.. j
aiyill Stores
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