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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (March 7, 1920)
THE - SUNDAY OREGONIAN, " PORTLAND. 3IARCIT 7, 1920 ' FATE IE IT General Offices Prosecution Has Final Volley MD SAVE $IOQ! to Fire. , SOUTHERN PACIFIC LINES WITNESSES ON RESERVE Ancinpl Will lie Made in Kobultal or Slate to Completely Shatter Plea of Self-Defense. FIFOS 101 WEEK UP STAIRS CLOTHIERS TAKE THE ELEVATOR BY BUN HL'R LAMPMAN. MOXTESAN'O, Wash.. Slarch 6. (Special.) The narrative of ,Ccntra lia's tragedy, wherein four ex-service n.en fell last Armistice day, now is a complete record in the archives of the superior court for Grays Harbor county. It comprises the transcrip tion of testimony for and against the accused. The defense rested its case at noon today, after six weeks of trial, and the 10 I. W. W. defendants, charged with the murder of Warren O. Grimm legionnaire, wait within a week of the verdict. When court reconvenes on Monday, it will be to hear the testimony of witnesses called by the prosecution in rebuttal witnesses whose recitals of what they saw, declare the state counsel, will further shatter the plea of self defense advanced for the ac cused, and will demonstrate that Grimm had committed no overt act against the I. W. W. when he fell, in a holiday pageant, mortally wounded. Rebuttal to Be Brief. It is the opinion of C. D. Cunning ham and W. H. Abel, special prose cutors, that rebuttal testimony will occupy but a few days, possibly not more than two though scores of wit nesses are under call. Their testi mony will be brief, and will be con fined to specific points. The defense will then present a number of wit nesses in snr-rebuttal, of even briefer duration. The case should go to the jury before the close of the coming George F. Vanderveer. attorney for the accused, closed his case today j with renewed offers, declined by Judge John M. Wilson, presiding, to prove the defense contention that Centralia business men, in a secret commercial league, conspired to raid the I. W. W. hall and drive the radi cals from the city and that this pur ported conspiracy culminated in bloodshed. The refusal of the judge is based upon total lack of evidence to con nect Warren Grimm with any such alleged plot, or to show that the dead legionnaire made a single hostile move against the Centralia I. W. W. as they waited in their hall and at outside points, rifles and pistols ready. Diftvloanre Startling. One of the most startling disclosures of the entire case came yesterday when Rev. T. T. Edmonds, defense investigator and witness, admitted the authorship of a letter written to Vanderveer, in which the secret service clergyman absolved Grimm from all blame and suggested means to controvert this fact. Edmonds testified that he is not and never has been an I. W. W.. but that his zeal for the cause is actuated by a desire for justice. Vanderveer offered proof relative to an alleged commercial conspiracy in Centralia, to the lynching of Wes ley Everest and to various other mat ters, as follows: To prove by Earl Craft, Centralia electrician, that on the night of No vember 11. during his temporary ab sence from the lighting plant, the doors were unlocked and the lights of the city turned off, during which time Wesley Everest, slayer of Dale Hubbard, was taken from the jail and lynched. And further, that when Craft returned he found in the lighting plant the mayor of Centralia, the city electrician and the assistant city elec- irician. Grim Jext Itrought Up. To prove by Dr. David Livingstone, coroner of Centralia, that Livingstone went to the Elks club. American Le gion headquarters. following the lynching of Everest and there made an oral report, as coroner, that Ev erest had broken out "of the city jail, had gone one-half . mile to a bridge over the Chehalis river, had tied a rope about his neck and jumped off the bridge, that the rope was too short and Everest had clambored back and lengthened it, that he had then leaped again, shot himself through the body, cut the rope with his own hand and dropped into the river. (The grim jest that Everest died by his own hand was current In Centralia following the lynching.) To prove by George F. Russell, man aajfr of the employers' association of Washington, that he had conferred wjth Governor Hart and had planned the simultaneous arrest and prosecu tion of I. W. W. in all counties, thus depriving them of adequate legal pro tection; that Russell is the same man who organized movements against radicals in Chehalis and Centralia; that the governor did call a meeting of prosecuting attorneys at which the proposed plan was adopted, and that the plan had the approval of L L Thompson, attorney-general of the Matter Held Irrelevant. To- prove by Judge John M. Wilson, presiding in the present trial, that Judge Wll6on made public addresses on the Centralia tragedy, following Armistice day, and that he preached a funeral oration at an Elks lodge in memory of Warren O. Grimm, Arthur McElfresh and Dale Hubbard, victims. And further that after vari ous changes. Judge Wilson was ap pointed by Governor Hart to try the present case. To prove by W. H. Abel, special prosecutor In this case, that he had once been appointed special prose cuting attorney, during labor troubles, to serve without pay and that such appointment was at the instance of timber interests. To prove byC D. Cunningham, spe cial prosecutor, that on November 11 he was attorney for the Eastern Rail way & Lumber company, of Centralia, of which F. B. Hubbard, who is al leged to. have directed a purported commercial conspiracy against the L W. W, was and is still its president. "All objected to as Incompetent, ir relevant and immaterial," said Spe cial Prosecutor Abel. "No excuse In this for the killing of Grimm." Objection sustained, ruled Judga Wilson. Defense Wltneaa Recalled. John Patterson, witness for the de fense, was recalled by the state for continued cross-examination in an ef fort to impeach the previous testi mony of the witness who had testi fied that he stood at the corner of the variety store, during: the shoot ing and saw the body of Arthur Mc Elfresh carried from the entrance of the L W. W. halL The witness denied that he had ever said, in the hearing of Ruth Godfrey and her sister, of Centralia, that he was not in the vicinity of the trouble and that he did not see anything, or Now Located 7th and 8th Floors Yeon Building Telephone Main 8800 General Passenger Department, John M. Scott, General Passenger Agent. General Freight Department H. A. Hinshaw, General Freight Agent. that he had ever made a similar state ment to J. A. Pollock, a neighbor. The state asserts that Patterson did disclaim any direct knowledge of the tragedy. Since he had testified, said Patter son, he had been interviewed by state investigators, aB had his wife. "Get Out," Orders Woman. "You get to hell out of here and don't come back until you have a war rant," was the reply that she gave to state investigators, testified his wife, Mrs. Patterson. Britt Smith and Mike Sheehan, de fendants, both testified that the doors of the hall were kicked open by pa raders before shots were fired. Charles Everest, Aberdeen, brother of Wesley Everest, the I. W. W. par ticipant who was lynched on armi stice night, testified that his brother had been in the United States army, that he possessed a .45-caliber auto matic, presumably that which he used on armistice day, and that he had never heard his brother speak ill of the. army service. On cross-examination by W. H. Abel the witness admitted that Wesley Ev erest was drafted into the service and that his military record comprised a period with the spruce division in logging operations. Faulkner Ilidea Card. Himself a defendant but a few days ago and released oy oraer 01 me court, Bert Faulkner of Centralia, who was one of the I. W. W. in the hall at the time of the shooting, was called to the stand to testify. Faulkner said that he had never heard of any plan to post riflemen outside the hall and that the only suggestion he had heard of antici pated trouble was when Wesley Ever est had approached him and asked if he had his "card on him." He had taken the card home, secreted it and had returned to the hall. That Centralia business men,- as they passed in the parade, "made j faces" at the hall, 'and that Paul Uhl- j man, cashier 01 tne i-armers ana Merchants Bank, whom he knew, "made a face" at him as Uhlman saw Faulkner standing near the window, was the testimony. When the parade returned and had halted, testified Faulkner, he heard shouts of "Let's go get 'em!" followed by the rush towards the door. He testified that at the time the shoot ing started he was standing between the defenders and the door. A bulle fired from outside, into the hall, de clared Faulkner, pierced the shoulde of his overcoat. This coat, he said, had been loaned while he was in Che halis jail, and the evidence destroyed by enlargement of -the tear. Friendship Casual. Faulkner testified that he was on terms of casual friendship with all of the legionnaires who were killed that he know most of the men in th parade, that he had gone to school with Grimm, and that he had ho mal ice against the paraders. On cross-examination Faulkner said that six or seven men were in the hall. Of these he knew only Wesley Everest and Britt Smith. He saw no weapons and heard no plans. The defendants had not talked of their case in jail or had reached any agree ment regarding their tactics of de fonse. Recalled to the stand, Elmer Smith attorney defendant as accessory, tes tified that he went home about o'clock on the afternon of armistice day. convinced that there would be attempted lynchings, to get his re volver and endeavor to preent mob action. His wife had cried as be left. I. W. W. Right Asserted. Smith asserted, under cross-exam ination that he did not advise the de fendants to station men outside the hall to fire upon the paraders, but he is now convinced, he said, that the I. W. W. had the right to station riflemen in the Arnold, the Avalon and on Seminary hill. Frank Xearing, Chehalis, who marched in the eighth platoon, tes tified that he saw soldiers rush the hall, but that their movement and the shots seemed to be simultaneous. He -saw the-body of Arthur McEl fresh, where it had fallen at the cor ner of the variety store. Nearing also testified that he thought he heard several shots at his left, after the firing had opened from the hall. His platoon was halted al most before the Arnold hotel which would be on the left hand of the col umn, where O. C. Bland and John Lamb, defendants, were stationed. The defense denies that any shots were fired from the Arnold. 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