The Sunday Oregonian., December 20, 1908, SECTION THREE, Page 12, Image 36

13
TEN JURORS READY
TO TRYJ. A. F
Slow Progress Made Selecting
Necessary 12, Owing to Re
quirements of Defense.
"MENTAL STRESS" IS PLEA
funeral Belief That This, Combined
. With Seir-Defcne, Will Be Ad- ,
ranced hy Murderer as
Cause for Foul Peed.
Owing to k widespread prejudice
htrh Is shown to exist In the public
mind against James A. Finch, perpe
trator o the inth murder In Mult
nomah County -within a, year, talesman
after talesman had to b dropped at
yesterday's session of the. trial In the
State Circuit Couit. Ten Jurors had
been accepted at the close of the day.
It Is not unlikely that all of Monday
will be requlrej In which to complete
the Jury.
Never in any pievlous murder trial
have so many tal.-smen been excused
because of having fixed opinions In the
cise. in all 32 men have been let out
of this cas because of a feeling that
they could not grant Finch a fair and
Impartial trial. The fiendish and ma
licious murder of the Bar Association
prosecutor by a renegade lawyer whose
disbarment had been effected for te
Improvement of the profession oc
curred only 21 days ago, and Is yet a
live subject of horror In the public
mind.
And when court convened yesterday
morning the Finch cause was threat
ened with a new danger. Itself a prod
uct of public feeling;. In the venire
box sat nearly all of the men who con
victed Harry Daley of first degree mur
der the day b?fore. Haley was known
as a crack-brained fellow. He killed
Harry Kenny on a dare, and It waa
Quite generally believed be would got
off. But the jury made short work of
Mm.
No Daley Jurors Wanted.
I'nwilling to have any members of
such an unsentimental and business
like Jury sit i.i the trial of Finch, hia
lawyers attacked every one of them
and dragged -vjt the entire forenoon
In an effort To pet each one relieved
from service. .
Of the eight Daley jurora presented
all were bins.-! :n this case, and but
one peremptory challenge was Issued
br the defence. This was used on John
W. Campbell, r. rtfldent of Sellwood.
Campbell said frankly that he had
formed opini ds on the case as the
result of reading- press accounts, but
lie Insisted tint he felt quite able
to try the case fairly and without bias,
lie was accepted by the state, and al
though he seem.-d a fair-minded and
well qualified Juror. Finch would not
overlook the fact that he had voted
for the conviction of Daley. Campbell
waa challengr-l peremptorily after a
brief conference In the Finch legal
quartet.
Seven other of the Daley Jurora had
such decided opii.lona in the case that
they were readily excused for cause.
71 Chh-kerlng said his views of the
Flnch-Flsher murder were such that
much evidence would be required to
change them. Carl A. Carlson said he
had read of the 'ase In the newspapers
and had opinions. M. O. Faulk was
of the same state of mind, as waa F. J.
Cofer. W. H. Caldwell said he would
not want a Juor of his frame of mind
trying him for murder. E. .A. Bamford
hd talked with friends of Fisher and
was prejudiced aga'.nst the slayer. J.
V. Burke was very much biased.
Cartoon Has Influence.
The gallows cartoon published In The
Pregonlan several mornings after the
Fisher murder developed as a fresh
cause of alarm during the day. This
cartoon by Harry Murphy made no di
rect reference to this case. But the
picture of a callows covered with cob
webs made a "-vide Impression at the
time, as it called attention to the fact
that with first degree murders occur
ring monthly. :md with murderers fill
ing the County Jail, local jurors were
letting those blood-stained wretches
escape the hangman's noose.
R. W. Dickey wa attacked because
he had seen that cartoon, and had been
Impressed by it. The defense was sav
ing Its pcrcmp;ory challenges with
srreat care by this time, having used
svcn of the d'zen allowed. After a
prolonged course of examination Mr.
Dickey finally admitted that he had
opinions which strong evidence alone
could remove. He was then challenged
for cause and the challenge was sus
tained. After Fred A. Burgard and R. K.
Warren had admitted being prejudiced
against Finch, the first and only Juror
of-' the forenoon- sefcslon.- C. J. Bush,
was accepted. Bush, a laundry wagon
driverhad paid little attention to the
case at the time of the tragedy. He
had not read any of the press com
ments, had read very little of the news
accounts and Viad ' no opinion of any
Jind In the esse. He waa readily ac
cepted, by Finch and after Deputy Dis
trict Attorney Fltxgerald asked him
If he was opporcd to capital punish
ment, to which h replied In the nega
tive. Bush waa accepted by the state.
Clarence Faucet end S. G. Gumperty
were the last talesmen to be examined
at the forenoon t-ession. Gumperty had
a decided opinion and was excused
for cause; but Faucet had no prejudices
In the case. It developed, however,
that he had read all the press accounts
quite fully. After being unable to get
him to disqualify himself. Finch's de
fenders Issued another of their precious
challenges.
Panel Is Exhausted.
The regular Jury panel ' was ex
hausted at 10 A. M. and a special
vtnlre of 10 was drawn, a second spe
cial venire of five being drawn again
at I P. M. All connected with the case
early despaired f,f feecurlng a jury In
view of the vxtreme caution being dis
played by the defense.
In their examination of talesmen
Finch's lawyers revealed no additional
phases of the proposed line of defense.
The campaign of placing legal ob
structions In tho path of the trial was
dispensed with altogether. It Is learned,
however, that the many technical
points raised ct the beginning of the
trial and based on Imperfections In, the
Indictment proceedings are to form the
mainstay of appeal in the event of
Finch's conviction In the present trial.
Self-defense waa apparent as the
basis of defense throughout the ques
tioning of prospective jurors. No ref
erence was made to the subject of In
sanity as a cause of defense. Just
bow Finch is gJ'ng to get around the
Question of Insanity, though. Is a mat
ter puszling to the state's attorney.
For after the Fisher murder. Finch
either suffered symptoms of a mental
lapse or else simulated It. Talking ra
tionally of evry subject excepting the
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VINCENTS
' 142 Fifth Street.
Bet. Morrison and Alder.
actual murder, he claimed to have no
recollection of tny shooting. He tried
to appear dazed on that subject, al
though later in the day he was heard
talking rationally with relatives about
the murder.
'Mental Stress" the Plea?
As the state will produce witnesses to
tell of theee things, the defense necessar
ily will have to make some explanation.
It is said that Finch will lay claim to a
condition of mental stress which caused
him to Interpret .alleged threatening at
titudes of Fisher as forming a great men
ace, and which caused him to forget the
tragedy for several hours after its oc
currence because of this brain disturb
ance. During the progress of the. forenoon ses
sion It waa discovered by Finch that the
name of one of tho witnesses had been
misspelled in a subpena. This witness.
B. J. Watts- of Eugene, had been noted
In the subpena as "J. B. Walls." An
immediate correction and the. issuance of
a new subpena were asked by the de
fense, and this was allowed. Watls Is
one of the men quoted by Finch's law
yers as having seen a trugle in Fisher's
law office between murderer and victim.
Watts Is alleged to have seen this strug
gle from the street: and if he gives any
such testimony it will be in direct conflict
with the story of Miss Veraa Burkhart.
Fisher's stenographer, who was In an ad
joining room. ,
It Is learned that Finch has hopes of
weakening the evidence of this sole eye
witness because of the great excitement
she admit having been under at the
time.- It will probably be set forth that
she was too badly frightened to be clear
ly conscious of all that went on during
the brief interval ' between Finch's en
trance to the office and the fatal shoot
ing. Finch was less actlva than on the first
day of the proceedings, although he made
frequent auggestions to his lawyers. He
spent a great deal or his time with a
long black pencil. When a flashlight waa
arranged Just before the convening of
court for the afternoon. Finch was
warned by one of his lawyers of what
waa about to occur. But Instead of turn
ing away. Finch smoothed his hair and
posed quietly until a blinding flash and
muffled report proclaimed that the pho
tographer was through.
Lawyers Get Together.
At the convening of court for the after
noon session, all the lawyers 'in the case
agreed that a jury should be secured if
possible, so that the actual trial of the
case might be taken up Monday morning.
In view of the farft that five jurors were
secured In the course of an hour on Fri
day afternoon. It was thought that an
other such fortunate spurt might occur.
But the talesmen continued largely un
satisfactory to the defense.
G. W. Brant, real estate agent, had
read of the murder In the newspapers.
He had heard "the affair discussed. But
he was sure that he could give the case
a fair and Impartial trial. Brant looked
for a time as a probable Juror: but the
Finch lawyers, after a conference, de
cided that he knew too much about
the case, and failing to have him ex
cised for. cause Issued their eighth per
emptory challenge.
O. H. Anderson had heard of the case
and had a definite opinion. He was ex
cused. Then Captain W. J. Riley was
called nnd while he said he had no opin
ions and could try the case fairly, yet
It developed that he had been reading
and talking about the case. The defense
disposed of him at the expense of Its
ninth peremptory challenge.
H. S. Crocker, lodging-house keeper, had
an opinion and said If the testimony was
balanced he would decide the case on his
previous Impression. John Burrows had
not read much about the case but he
seemed of somewhat too positive a na
ture to suit the defense, which used up
Its tenth peremptory on him after an
unsuccessful effort to have him excused.
C. H. Thompson was then accepted.
He had not read of the case a. great deal,
had no set opinion ,and was generally
satisfactory to both sides. The next
talesman. F. C. Baker, seemed to meet
the approval of the defense, but the
slats was dubious about him and had
him ruled out- This was the first tales
man let out at the Instance of the prose
cution, and possibly he would have bgen
retained except that Attorney Lord, of
counsel for Finch, gave vent to an excla
mation of satisfaction at the mental atti
tude Bhown by Baker, a young draftsman.
Baker had not rend much of the case, had
not discussed 1t at all. was of a fair and
Impartial frame of mind, and knew no
body connected with the case.
"It Is refreshing to find a juror like
this the defense accepts him." said
Lord.
"Refreshing" Juror Refused.
"Whereupon Mr. Fitzgerald decided he
didn't want Baker, and after lengthy ex
amination learned that the young man
Is not a taxpayer and consequently not
entitled to serve. He was excused by the
court.
M. L. Lank, who was next called, was
accepted as the ninth Juror. He had read
or heard but liftle of the case, and said
he would make his findings solely on the
testimony produced. David Fisher knew
llttla of the case, and proved satisfac
tory to Finch, but he knew Plggott. one
of Finch's lawyers, and the stats dis
qualified him by developing that he
served on a regular panel during the past
year.
F. TV. Hanna. a storekeeper, was ac
cepted by the defense and state after
protracted examination. Joseph W.
Crampton. a collector, had opinions of a
positive nature and was excused. This
exhausted the special venire and as there
were no more talesmen present, court was
adjourned at 4:35 F. M. until nine o'clock
Monday morning.
The ten men accepted on the Jury thus
THE SUNDAY OREGOMAX. . PORTLAND.
Terms on
Monarchs
$g.00 Down
MUSIC
CABINETS
Oak or mahogany, 20
patterns, . '
$7.65to $39.00
Portieres and
Couch Covers
Very latest styles, mod
ern or Oriental, 54 pat
terns. $2.00 to $15.00
You
Are
Welcome
to
Credit
far re: diaries J. Biisn.
driver- C. H. Thompson, cunnwun , .....
b. ADDeUi niiutri,
Hawes. agent road machines. J. W.
Davis, streetcar conductor; W.
ton. dairyman; S. I. 0den, farmer; Rob
ert Sarvice, farmer.
FOUR COUPLES ARE SUNDERED
Judge Gantenbein Grants Divorces
In State Circuit Court.
C. R. Filkey .was yesterday gra-ntea a
divorce from Marietta Filkey, .on' the
ground of desertion. Judge Gantenbein
also granted a decree, -to Elizabeth Bevan
from John Bevan on the same ground.
Mrs. Bevan was also granted the custody
of the 11-year-old daughter.
little Mae De Lashmutt was granted
a divorce from Albert De Iashtoutt. Bhe
was awarded one-third Interest In the
real estate belonging to defendant and
, '
! lfi
A Monarch
Gift J Useful gifts always show thought in the giver that makes them
doubly appreciated - but a MONARCH is more than merely 'useful - it's , a ,
fMl DELIGHT to the woman who uses it. J More than this, it is a constant
; PRIDE to her. Its attractive design and perfect finish make it. the handsomest
Range known. Its polished top and bbdy retain their finish- without stove blacking-saving
hard work and dirt. The Monarch is re
an admiring friend. qH you haven't a Monarch there's a need for this ideal gift in YOUR home.
TTbeal as a (Sift IPetrfect as a TRainge JSuiIt of
YnNalfea
Whether you buy this Christmas or next
summer, remember this --Don't, select a
range that is not built tight and solid in the
seams and joints. Open joints waste fuel.
The only way to tnake range seams tight
PRICES
$57.00, $63.00, $70.00, $76.00, $81.00, $135.00
Liberal Discount for Cash. ' :
All departments of this store are a delight to the perplexed Christ
mas Shopper, It is here you find those rare Holiday Gifts that
combine beauty and usefulness. , . w '
LADIES'
DESKS
Mission, mahogany, ma
ple, golden, 26 patterns.
$5.00to$40.00
PICTURES
Gilt or mission frames
are being closed out at
actual cost; 43 subjects.
39c to $8.00
"Lll"; T J::'T i," VT0' .
, v,l.-. - - .
j " " ' " ' ' a
or crueny ana aesenion.
TRIAI IS PROCEEDING SLOWLY
Petrasso Case Drags Because Testi-
. mony Must Be Interpreted.
The. afternoon session yesterday In
the Petrasso murder case, on trial' be
fore Judge Morrow, was devoted to
the cross-examination of the defend;
ant, Antonio Petrasso, by Special Prose
cutor John Dltchburn. The questions
had relation to the defendant's ante
cedents and incidents prior to and- at
the time of the tragedy. Attorneys on
both sides are experiencing extreme
difficulty in the handling of witnesses;
owing to their habit of evading- an
swers to questions and their readiness
to narrate Irrelevant Incidents. - Con
i ; - , , ;
IffOQQD
i , i
I3ECE3IBER 30 1908.
Range is just the thing for a Woman's ChHstmas .
Is to rivet the steel to Malleable' Iron frames. That's
how Monarch Ranges are made.
We want to tell you more about the construction
of this wenderful range. Put the name "Monarch"
on your, shopping list and remember where it's sold.
MORRIS
CHAIRS
. t
Spring seats, automatic
backs, 19 patterns;
$7.50 to $45.00
CLOCKS
Guarantee - - by ourselves
and the factory; new style
' cases, 14 patterns. "
$2.75 to $8.50
PLACE TO Tl
stant necessity, ct the interpreter's
services has hindered the progress of
the trial to a considerable extent and
it will probably not go to the Jury
before Tuesday afternoon..
Tomorrow's sosslons will be devoted
to testimony In rebuttal, when Mr.
Dltchburn will endeavor to contradict
some statements of the defendant -and
the charge that the murdered man
was quarrelsome and dangerous. The
defendant is represented by Seneca
Fouts and E. 1-. Minar, while Deputy
District Attorney T. W. Vreeland and
Special Prosecutor. John Ditchburn
appear for the state. The trial began
a week ago. ... . ........
Court Notes.
- Amended complaint was filed yesterday
in the Circuit Court in the suit of Einar
Halvorsen against the O. R. & N. Com
pany for damages in the sum of $20,000,
on account of injury sustained while in
the employ of the corporation.
The American Surety Company, of New
RUGS'
All grades', in . sizes 27x
54 inches to 11x15 feet,
1000 .patterns. ',
$1.00 to $85.00
Tabourettes and
Pedestals
Best selection - in- the
city; oak, mahogany, or
walnut ; . 50 , styles. .
75c to $19.00
York, through its. attorneys, Kollock &
Zallinger, has filed a demurrer to the
Complaint in the suit of M. H. Hender
son, J. H. Morrissey and Tliomas laiooi,
constituting, the Board of School Direc
tors,' No.. 2, Washington County, Ore
gon. Accuses Husband of Nonsupport.
Katherlna Hilter yesterday filed in the'
County Clerk's ofTlce a complaint against
Jacob Hilter, her husband, charging non
support. ' : : :
A HAPPY BOY
Will be the one who finds' in his stock
ing Xmas morning' a year's membership
ticket in the Y. M. C. A. Phone Santa
Claus at Exchange So-or A 4414:
New ' Buildings' Projected.
t IsL M.. Baker has'star'ted on the ereotibn
of a two-story frame building on Alberta
.... i .. .4 . i - r t v .
la
m-f
in il
FOR
CHILDREN
Chairs and Rockers in
endless variety. .
$1.00 to $5.00
Parlor Cabinets
Solid or imitation ma
hogany, with French
bevel mirrors, ' surpris
ing values: ' . . . '.
$15 to $33
Store
Open
Evenings
Until
Christmas
street and Glen avonue. at Highland, that
will cost. J10.000, for stores and ofTW-ea.
It is one of the most pretentious struc
tures of the sort in that portion of the
city. -'
J. Landigan ! will creut a four-story
frame' rooming-house on Commercial
street, between" Stanton and Morris
streets, to cost J12.000. On Vancouver ave
nue and Skidmore street the foundation
of a $7000 church has bf-en sta.ted by the
Norwegian-Danish M. E. Church Society.
In University Park a $7000 addition has
been started for the Hoiy Cross Catholic
Church. -
' " ' Women in Motor Race.
i -
NEW YORK, Dec. 19. The Women's
Motoring Club, of New York, will ha'c a
two-day run to' Philadelphia ami return
on Tuesday, December 23. and Wednes
day. December 20, Just before the opening
'.oX. the big automobile show in the Grand
Central Palace.
" Fitted suit cases, Harris Trunk Co.
I