The Sunday Oregonian., November 29, 1908, Page 8, Image 8

, THE SUNDAY OREGOXIAX. FORTLASD, 3UVCJ1KK V, iwa.
PLEADED FOR FINCH
PRINCIPALS IN YESTERDAY'S TRAGEDY AND DIAGRAM SHOWING HOW IT WAS ENACTED
FINCH DECLINES
TO ADPJIT GUILT
Piano-Buyin:
OO
Fisher Would Temper Justice
With Mercy.
Logic
Wind of Assassin Is Either i
Blank or He Is Playing
Clever Game.
SOUGHT ONLY SUSPENSION
Victim of Assassin's Gun Was In
strumental in Saving Finch From
Total Disbarment From
Bar ol Oregon.
RATIONAL IN OTHER WAYS
Hi 1
tJi''::'f 4 i r
i -;jcr- I . 'V ft
i'i--r ilm, Ilk m
KUhrr'ft Murderer IM't Nut Deny
Purchase of Kevolver, but De
clares lie Was Not Near
Mohan k Buildlne.
Jairifi A. Finch ! either a uiTerer from
a most unusual mrntal lapse or else is
piayfnj? a cool dli Derate game to chrat
l ie hangman. Although he talks fully
iind freely of him movements yesterday
and of his frrievam-es apainst Ralph
Fisher, his victim. Finch deHaren that he
ha no recollection of his actions during"
t he- t i me t he assa&O na t ion occurred.
Thone who have talked with Finch be
lieve he is putting his knowledge of the
law to jrood u.e in his present dilemma.
He ifn't shamming sheer insanity. In
stead he talks clearly and consistently
except when the subject f the actual
ttiootuig is brought no. Of that he pre
t.'iiiiH lo know nothing. Cool and col
lated to a remarkable degree, he sat In
the librat y at the County Jail late yes
terday afternoon and last niKht. talking
if himself and his disbarment and
wis we ring all questions put to him.
nes at High Tciiluu.
Only when his questioner were silent
for a considerable period, would he show
ny traces of the hi Kb tension of his
nerves. Invariably, during thew lapses
in conversation, he would br?ath deeply
and his body would quiver with nervous
excitement. Uut when anyone spoke he
was himself aain, cool, calculating,
quietly alert.
There was nothing in his manner to in-du-:e
mental aberration. His eye were
k lear, hts jcaze level and the pupils nor
mal. The eves were hlood.shot. the result
of drink, but tiie effects of whatever
liquor h drank before the murder were
plainly worn away. His appearance was
decidedly ur.kenipt.. He needed a shave
badly, his hair was tangled and matted,
ins collar dirty. Ins tie awry, his hands
iiled and his clothing much In need
of dusting.
From hts statements ft was made clear
that a conversation which Finch had with
Mr. Fisher over the telephone at 11 :;X
u clock sy led the young lawyer's doom.
Talked to III Victim.
"I called Mr. Ki slier up to ask him if
lie would sifcii a petition for my rein
statement as a lawyer. "Mr. Finch said.
"He told nic ho would not that he
thought a year's disbarment was little
enough. We talked awhile and then he
told ni: he didn't want to be bothered
with the thing, and hung up the tele
phone." Finch admits that Immediately after
this conversation he went to the Hudson
Arms Company's place, bought a -US-caliber
revolver. ! cartridges and loaded
the revolver. Hut as to using It lie said
lie had not the slightest recollection.
"I don't think I used the gun on any
body," KInch s.nid over and over again.
Hatred 1 Not Concealed.
His hatred of Fisher he failed to con
real. Although asserting that he never
harbored any ill feeling against his vic
tim, he broke into bitter denunciation of
Fisher several times and spoke feelingly
nf the disbarment proceedings. He charged
that Mr. Fislier had hounded and perse
cuted him and ruined his life.
The murderer was taken to the County
Jail and surrendered to the custody of
Sheriff Stevens shortly before 4 o'clock,
one of his first acts after reaching the
Jail wm to pose for an Oregonian pho
tographer. Con sc ious of his d is beveled
appearance. he stepped into Jailor
Hunter's room, combed his black, un
trlmmed ha:r, carefully arranged his col
lar and tie and brushed his clothes with
his hands. He then sat collectedly while
time exposures were made.
After this. Finch mads a full state
ment of the case, or rather answered all
questions aked. Only on the subject of
the murder was ho inconsistent and once
when urced to try to remember shoot
ing Mr. Fisher, he lost his temper.
Spent Morning at Office.
"I go up tl.is morning at 7 o'clock and.
after breakfast with my wife and two
adopted b.fbies. at my home. Tl Colum
bia street. 1 cam- down to my office,
in the Muikfv block." he atd. in re
sponse to quest tons. "1 sat t here alt
morning dictating husi no to my sten
ographer. "At U:V o'clock 1 ealled Mr. Fisher up
on the telephone to ak him if he would
si tin a petition t hat was tn-lng circulated
for rnr reinstatement. ! told hfm that
Frank S. Irani, of the grievance com
mittee, had prom teed to Mign It. but he
a:d he wouldn't Sign anything of the sort
and SMtit me off.
"Now. T il fell ou what Fisher did.
Finch broke ofT. taking up the subject
of his grievances voluntarily. "He prom
ised me t hat if I would plead guil'y to
rharges of drunkenness ncainst me at the
Bar Association trial, he would see that
t he c was dropped.
"Hut he went back on his word, he
tricked me." Finch ended, with a flourish
of profanity. "He stuck me for a year.
Frank i.ram was white about it, but
Fisher wasn't.
Tne whole trouble was that I
wouldn't give up tite dope about t Tie theft
of Jewelry from the Portland Omo room
a year acv Yon ilre.oiwahl. the Fink'T
lon joip'-riniendcin. offered ."0 if 1 would
gr't KMie Vuu'i. w ho I w as defending
of the charge of sealipg the jewelry, to
dig up the stuff, (tut 1 wouldn't. Fisher
offered m- the money, too. but I stood
pat and thn h. threatened to have mv
disbarred before be got through with me.
He kept his word."
Admit- He Was Prinking.
"Were you drinking today?" he was
asked.
'Only four drinks, and I have been
ober all the time."
Did you take th's-e drinks before you
ahol and killed Fisher?"
'Shot and killed -M Pishrr?" he ex
plained. "I didn't shoot Fishrr. I'm
here because I had trouble with a po
liceman down the street here awhile
ago. I never harmed a man in my
life."
"Yon don't deny that you were In
his offWs today?"
"No. haven't seen him at all that
1 know of today."
"Hut you were seen to enter, the Mo
tawk building, you were seen to draw
a revolver and shoot him through the
head. You were arrested In the build
ing with the revolver in your pocket.
Do you remember that?'
Say. you're a damned liar that's
what you are. It doesn't take mc long
tn figure that out you're a liar." he
flared up. half rl.iins from his chair.
"That' tlie truth exactly," the of
ficers told him.
"Well. It's very doubtful." he said.
So you say you remember nothing
about that?" was next asked.
Says He Is Not Himself.
"Well. I may be able to track myself
back on the proposition, but I'm all
soot to pieces and ain't myself."
"Do you think it possible that you
could have shot him and not know
anything: about It?"
"No. I do not."
"But you've made Just such pleas in
behalf of clients?"
'es. that's true, but I don't think
my mind would act that way."
"Do you feel normal or has your
head actually been bothering you of
later
"Well. I feel all right now but I've
not been myself since Tuesday nlpht.
When they disbarred me that was the
most terrible Blioch I ever had in my
life. It was all fixed up for me to
plead guilty and be let off and when
I heard they'd given me the double
cro. I was not myself."
'Have you been drinking much since
then'."
"No. not very much. Just drink
now and then."
"Did your disbarment bring about
domestic trouble?"
. Peclares It Was Trumped I'p.
"No. I told my wife Just how the
whole thing was that It was trumped
up. She felt badly but nothing more.
We've only been married a few days
and have been very happy. I married
a fine girl and we'd been going to
gether for 22 years."
"Getting back to your telephone con
versation with Mr. Kisher, did that
maililen you?"
"No I didn't get mad in the least."
"Where did you telephone from?"
"From over In my office."
"Where did you go then?"
"Down the street for a walk?"
"To the guntore?"
"Yes. I went in to get a revolver and
some cartridges."
"For what purpose?"
"Oh. 1 Just wanted them."
"What did you do then?"
"I went up the street and met
Charley Downer and we went into
Roemitch's saloon and had a drink to
gether." 'What did you drink and how many
drinks did you have?'
"I had one drink of brandy."
"Did - you then go to the Mohawk
block T-
"I don't think so."
Persistently Avoids Tragedy.
And no closer to the actual tragedy
would Finch go. He gave different
accounts of his whereabouts when the
murder occurred, first saytnfr he was
In his office and then that he was on
the street. This attitude seemed
strangely inconsistent with the clear-
SOLE WITNESS OF ASSASSINATION OF RALPH B.
FISHER
ON
if
MIS VERSA
l
ness and. accuracy shown by him In de
scribing all his other movements of
the day.
"I've lived here in Oregon for 22
years." he said again voluntarily revert
ing to his grievances. "I've been an
honest man and have worked my way
up from cordwood boy and then to be
attacked by a lot of " and he
broke off into unprintable Invectives.
Detectives Tichenor and Howell were
admitted to the library at this juncture
to serve a formal warrant Just issued
by Justice of the Peace Olson.
"I've got an unpleasant task to per
form, Jimmie, and that is to serve this
warrant, charging you with the mur
der of Ralph Fisher."
"Oh. that's all right." said Finch, and
he took the document with steady,
hands and read it through without a
tremor.
"Have you a copy of it for me?" he
asked calmly when he had read the
warrant through.
"No. this is the original," Howell in
formed him.
"Well, let me have a copy as soon as
you can." he said.
"This Is a damned hard thing, boys."
he said after several moments of si
lence. "If I've done anything wrong,
I ran t help It."
"I've known you a long time and
didn't think you'd kill a man like you
did Fisher," an officer told him.
"I didn't do it," he replied.
"But this girl saw you, you were
i J
A
i
BVRKHART.
-Photo by Davies.
caught with the gun leaving the build
ing and there is no getting away from
the charge," he Was told.
"Well, if that's the case boys, I know
what I'm up against," he said solemnly.
LIVED IX ALBANY 12 YEARS
riiich Established Populist Paper,
Then Turned Republican.
ALBANY, Or., Nov. 28. (Special.)
James A. Fiuch, who shot and killed
Ralph B. Fisher in Portland this after
noon, was a resident of Albany for 12
years, and Is better known here than
anywhere else in the state.
He came to Albany in 1893, and es
tablished the Silver Imprint, a Popu
list paper, which flourished during the
reign of that party in Linn County.
He sold the paper to J. S. ("Populist")
Smith, when the latter returned from
the "hold-up" Legislature of 1897,
where he acquired considerable no
toriety, as shown In affidavits In the
last state campaign. Finch then es
tablished the Albany Bell, and con
ducted that paper a short time. He
Dally Herald, and held that position
six years. While working on these
newspapers. Finch continued the study
of law, which he had begun in Iowa,
before he came to this state, and was
admitted to the bar In 1898.
Finch retired from the Herald when
the paper was sold In 1904 and prac
ticed law here a short time. Early In
1905 he went to Salem to work as a
clerk in the State Printing Office un
der State Printer J. R. Whitney, who
had been his employer on the Herald.
He later worked for a time on the
Salem Capital Journal, and then went
to Portland, where he has since re
sided. He was calendar clerk of the
House at the legislative session of
1905.
Finch attained considerable political
prominence in Linn County. He was
first allied with the Populists, but
later Uecamo a Republican and took
an active part In the conventions of
that party. He never had a large po
litical following, but had great talent
as a destructive politician and was a
dangerous opponent in a convention.
He was very vindictive in politics, and
his ability as a manipulator enabled
him to accomplish the political over
throw of a number of local men. His
chief feat was the overthrow of D. F.
Harriman. now of Portland, then the
"boss" of Linn County, who was a for
midable aspirant for Secretary of
State until Finch encompassed his de
feat in the Linn County convention.
Finch's political activity won him
some very bitter enemies. But while
relentless in his attacks on enemies,
he was Jovial with friends and was
generally considered good-hearted. His
chief fault was drinking. He drank
heavily, and this won him an unfavor
able reputation in Albany.
Finch is the son of James Finch, who
also came to Albany in 1893. and who
was engaged in the real estate busi
ness here until his deatli in June, 1905.
His mother is now living in Portland.
The shooting of Fisher caused a big
sensation in tills city this afternoon
because of Finch's wide acquaintance
here. Finch made no secret of the fact
that he generally carried a gun when
he lived here, but said It was for pro
tection against his enemies, of whom
there were many. Since the killing of
Fisher, stories are afloat here that
Finch had made threats against vari
ous local men when drinking, when
he lived here. They never came to
light at the time.
Kaiser Is Recovering.
BERLIN". Nov. 2S. The bulletin issued
from the new palace at Potsdam this
morning says the improvement in the con
dition of Emperor William continues.
Save 25 per cent on everything at
Metsger's. 342 Washington street.
25 per cent off on watches at Mer
ger's. Hi Washington street.
SALEM, Or., Nov. 2S. (Special.) It was
the friendly attitude of R. B. Fisher
toward James A. Finch that saved the
latter from complete disbarment after the
Bar Association had made out a com
plete case against Finch. After asking
the Supreme Court to suspend and not
diebar Finch. Fisher wrote:
"Justice tempered with mercy ofttimes
works to the betterment of the punished,
and it was wth the hope that it would
so operate in this case that could bring
myself to make the recommendation you
have in my former letter."
The letter to which Fisher referred
was one of the last papers filed in the
disbarment proceedings. The proceed
ings against Finch were begun July 1,
1S08, charging three offenses passing
four J6 checks against Ashley & Rume
lin. bankers, with whom he had no de
posit; appearing in court in an intoxi
cated condition and falsely attaching the
name and notarial seal of C. H. Prig
gott to the pension voucher of Charles
Keyes. On November 9, after the dis
barment proceedings had been set for
trial before C. M. Idleman, as referee,
Finch filed a brief confession of all
charges against him. Thereupon Fisher
wrote the letter recommending mercy, to
which he referred In the quotation
above.
His letter is as follows:
Commends Efforts to Reform.
"To the Honorable Justices of the Su
preme Court, Salem, Oregon: Directing
your attention to the disbarment pro
ceedings brought by the grievance com
mittee of the Oregon Bar Association
against J. A. Finch, an attorney of this
court, permit mc to advise that the de
fendant has of his own accord entered
a confession of all the charges alleged
in three separate complaints filed and
has withdrawn bis answers thereto and
declines to further move or plead.
"The defendant, by virtue of these pro
ceedings, has been brought to see the
error of his ways and has mended them
to the extent, as I am advised, of having
for the time being departed from them.
How thorough is his reform time can
only tell. It is certain that he is making
an effort, and so far is deserving of
commendation. It is not the purpose ot
the plaintiff and relator in this case to
pursue tills or any other prosecution for
disbarment to the extent that it amounts
to a persecution. Our duty and our aim
is to purify, elevate and mainta the
high standard of the legal profession. In
the case of this defendant it is certain
that he had descended to very low
depths, and. so far as he could, had
dragged the profession with him. It is
remarked here that he has made such
an attempt to raise himself from those
depths, and to redeem the reputation he
has lost. I am conscious of a desire
to assist this defendant and others, even
outside of our profession, to make a new
start in life, and to that end am going
to offer my recommendation to this
court that in considering the punish
ment to be meted out to this defendant
that a suspension under probation for
such a period as you may deem proper
be considered. ,
Pleads Mercy of Court.
"The crimes of which the defendant
stands guilty of his own confession are
serious ones, and it is undoubtedly im
perative that a good lesson be here
taught. However, if, after examining the
complaints filed, this court can determine
that a suspension With conditions of
probation may meet the ends of this
prosecution, then the writer shall have
performed what he considers his duty
in writing tills letter, and the defendant
given the chance he seems to merit. I
must add, however, that 1 would regard
it a mistake to suspend this defendant
without any conditions of probation be
cause of the fact that his will power
has been weakened to such an extent
that I fear he would not maintain his
good Intentions unless there were con
ditions constantly to be fulfilled.
"Neither do I desire to stand In the
light of one dictating to this court what
Its Judgment should be. but rather that
of a prosecutor who had done his full
duty toward the state, turns to one he
regards as owing to the defendant, and
presents conditions to the court entirely
outside the record for Its consideration In
meting out punishment.'
"I have the honor to remain, your
obedient servant. R. B. FI3HKR.
"Prosecutor for the Relator."
Approved: A. F. Flegel, Chairman
Grievance Committee, Oregon Bar Asso
ciation. Finch was suspended last Monday with
permission to apply for reinstatement
one year hence.
FIXCH SHREWD POLITICIAN"
Made Calendar Clerk in Lower
House Because of His Ability.
SALEM. Or., Nov. 2S. (Special.) J. A.
Finch, murderer of R. B. Fisher, was
known in Marion and Linn Counties as a
man of remarkable political sagacity.
There were few in Linn County who
could equal him in mapping out a polit
ical campaign, and notwithstanding his
bad reputation he had a record for win
ning out in political fights.
Because of his services to the Mitchell
faction in Linn County in 1300 he was
made calendar clerk of the State Senate
in 1901. While serving In that capacity
he rendered invaluable services to his
political friends, for he was able to
detect political movements quicker than
almost anyone else. Though he had no
business or social standing anywhere, he
was able to make political combinations
A Liquid Food
For Brain. Body
and Nerves
t
"There' a Reaion"
P0STU1
If we advertise to sell you a pi.ino today for $223.00 that
was $446.00 yesterday, would you not think the man who paid
$446.00 was -wronged?
We have uo reason for offering a $400.00 piano for $200.00.
Values do not fluctuate in this way. Our $400.00 values are
worth $400.00. Our $200.00 piano is worth $200.00. Why should
you pay twice as much as your neighbor pays for the same
piano f
Visit our store every piano marked in plain figures. Every
figure is right. Every piano worth what the figures say. It is
worth something to know the value is right. It is no mistake
to buy where you get
"AN HONEST PIANO AT AN HONEST PRICE"
SHERMAN, CLAY S CO.
Sixth and Morrison Streets, Opposite Postoffice.
THE HOME OF RELIABLE PIANOS
Portland, Seattle, Taeoina, Everett, Bellingham, Spokane,
San Francisco, Oakland, Los Angeles.
which secured him the position of cal
endar clerk in the House in
Finch was admitted to the bar In 19S.
but never attempted to practice law until
he went to Portland three years ago.
LKFT BAD RECORD IX SALEM
Finch Accused ' of Reckless Esca
pades in Capital City.
SALEM, Or., Nov. 28. (Special.) James
A. Finch, who Bhot and killed Ralph
Fisher in Portland today, had an un
savory record in Salem, though he had
always been considered harmless. Three
or four years ago, while employed as a
reporter on the Capital-Journal, he gross
ly insulted Joseph Harris, a well-known
hop dealer, and Harris promptly slapped
his face.
Finch rushed away and shortly after
was seen armed with a rifle and hunting
for Harris. Friends induced him to go
home. At his own request he was per
mitted to appear a. attorney for the
HAMBURGER'S
illinery and Ladies' Furnishings
145-147 SECOND ST., BET. ALDER AND MORRISON
All Millinery Strikingly Reduced
1 of tfie
Our Chic
A "comer in the
FLORSHEIM String
of "Thorobreds."
For the man who cares.
Ask to see this
Fall Winner
PRICES $4, $5, $6
EEVES
313 Washington
state In a minor criminal proceeding.
9oon afterward proprietors of gambling
games complained that Finch had rep
resented himself as a deputy prosecuting
attorney and had attempted to work a
graft.
During the primary campaign of 1H06
Finch managed the campaign for State
Printer J. R. Whitney, who was a can
didate for renomination. While occupy
ing an office in the capitol he became
badly Intoxicated and one night went
through the corridor of the building fir
ing his revolver in all directions. As
none of his escapades resulted seriously,
he was never prosecuted.
Football Kills Another.
BOSTON. Nov. 28. While playing foot
ball on Thanksgiving day. Sergeant Bird
Doivdie. of the Eighty-third Company,
Coast Artillery, stationed at Fort Rivera,
Hull, became paralyzed from his neck
down. He attempted to make a tackle
and struck his throat against the knee
of an opposing player. It is feared that
his spinal column has been dislocated
and that he will not recover.
ino Trimmed Hats on sale Mon
day at, each Sl.OO
100 doxen Assorted Fancy Feather
Flowers and Foliage, values up
to J1.50 at 39
Odd lot of Untrimmed Shapes and
Children's Hats, values to fl.f0
at : 25
Ladies' Furnishings
at Special Prices
Ladies' Pettleoats. black heather
bloom or mercerized moreen, ex
tra deep flounce with two and
three ruffles and shirring some
with deep embroidered flounce.
Regular J2.00 and $2.23 value.
Special. SI. 39
Ladies' Kult Vests and Pants. Win
ter weights; vests have high neck
and long sleeves: anklo-length
pants; regular and extra sizes;
cream or white: regular 60c and
Tuc values, special -4T
Ladles Fine White Handkerchiefs,
hemstitched or lace-trininied;
others with fancy Insertions.
Regular 10c value, special 4e
ljadlea' nnd Gentlemen's ITmbrer
Ims, corded or plain silk, bulb run
ner. 8-rib paragon frame; large
assortment of handles. Regular $2
value. Special 81.38
New 1111
Street, Near Sixth
n
ifii
r i