The Sunday Oregonian., March 14, 1920, Section One, Page 7, Image 7

THE. SUNDAY- OREGON! AN. PORTLAND, MARCH 14, 1920 '
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SEVEN
ELD
GUILTYsZAOOUITTEDii
Roberts Is Found Insane by
Montesano Jury.
FIRST VERDICT REJECTED
Original Findings on Barnett and
Lamb Changed to Second
Degree Murder.
(Continued From First Page.)
V
room, accompanied by the two who
were acquitted, Mike Sheehan and
- Elmer Smith, they were followed to
the jail quarters by Sheriff John
; Berry of Lewis county, who served
.' the warrants . which hold them for
'. the murder of McElfresh.
Sheriff Berry read the warrants
to the prisoners, already under con
viction for the murder of Grimm,
and to the two recently acquitted.
As the reading of the warrants
was concluded, Elmer Smith, Cen
tralia attorney, who had experienced
but five minutes of freedom, threw
back his head and burst into the
strains of an I. V. V. song to the
tune of "John Brown's Body." His
: nine fellow radicals joined with him
; and the defiant air rang through
the prison
"These men shall not escape the
penalty of murder," asserted Prose
cuting Attorney Herman Allen, when
asked concerning the McElfresh
warrants.
Though the state did not anticipate
that the jury would fail to find some
of the defendants guilty of first-decree
murder, preparation for any con
tingency led Allen to file yesterday,
at Chehalis, information charging; the
defendants with the murder of McEl
fresh. Warrants were forwarded to
Montesano. and when the defendants
entered the -courtroom to learn the
decree of the jury, these warrants
were In Sheriff Berry's pocket.
Citterns' Comment Severe.
The verdict of second-degree mur
der caused severe comment among
the citizens of Montesano and of
Grays Harbor county who were in at
tendance when it was rendered. Pub.
lie anticipation had been that several
of the defendants, at least, would be
found guilty of murder in the first
decree.
The lesser verdict was commented
upon freely as a compromise, as a
shrinking from responsibility and as
an offering to antagonized radical la
bor. Members of the American Legion
branded it as cowardly. -
When the final verdict was read,
with respect to the second-degree con
victions, George F. Vanderveer, coun
sel for the defendants entered ob
jection on the ground that such a re
turn did not constitute a verdict.
Court Overrules Objection.
The objection was overruled by the
court and the verdict entered. The
defense has two days in which to
move for a new trial, which Vander
veer asserts will be the action taken.
He contends that verdicts of acquittal
or of first-degree- murder formed the
only alternatives in the instances of
the seven defendants held guilty of
second-degree murder.
The court's instructions to the jury
on this point declared that the right
to protect the I. W. w. hall did not
extend to the stationing of riflemen
outside of the hall and that if the
evidence convinced the jury that two
or more of the defendants had con
spired in such plan, tsuch conspirators,
whether parties to the actual firing
or not, were guilty of murder.
Sentence will not be pronounced
upon the convicted men until the time
limit for new trial motion has ex
pired, said Judge Wilson. Vander
veer has indicated that he will move
for a new trial. Preparation of argu
ment will consume several days if
this is done. No definite prediction
can be made of the time when sen
tence will be pronounced.
First Degree Asked by State.
In its arguments to the jury the
state asked for the verdict of first
degree murder, but made no mention
of the death penalty. Under the
Washington law the exercise of the
! : death penalty rests with the jury.
i j which may return special verdicts in-
V ' such cases as are held to merit the
extreme punishment. Otherwise the
' penalty for first-degree murder is 15
,' years to life imprisonment.
- i' i rne veraict proves mat a jury
. ' ' fa n nnt Kj rinmimt. hv the jtrhitrnrv
dictates of a court," was Vanderveer's
comment upon the finding of the jury.
Expressing opinion upon the arrests
for the murder of McElfresh. the
L W. W. counsel asserted that Elmer
Smith could not be tried for that
crime, because it was. in his opinion,
a continuous transaction and ac
quittal of the murder of Grimm con
stituted an acquittal of any partici
pation in the entire armistice day
tragedy.
As the Jurors were polled for their
affirmation of the second-degree ver
dict, only a few answered in loud or
positive tone. The replies were al
most uniformly low voiced. None of
the Jurors commented upon their ver
dict after dismissal. It was said that
two Jurors influenced the leniency of
the verdict. Though each of the
jurors, when accepted on the panel,
had declared no objection to the death
penalty in proper cases, it is said
that not one of the panel would con
cider first-degree murder with hang
ing, while the verdict was under de
liberation. The air of the defendants was
casual, as they entered the court
room, though their faces were tense
and serious. Bert Bland saluted
Vanderveer In military fashion and
counsel and accused smiled.
James Mclnerney, participant in the
Everett affray as well as in the-Cen-trajia
tragedy, turned his head nerv
ously ae the verdict was read and
glanced about the courtroom as
though seeking friends.
Eugene Barnett walked back to
prison with bis head held high, smil
ing and nodding to friends In the
courtroom.
Roberts la Declared Insane.
On the special ballot ln the con
sideration of Loren Roberts, defend
ant, for whom the plea of Insanity
wu entered, the jury declared that
Roberts had committed the crime as
charged, but that he was then insane,
is now insane, and is apt so to con
tinue. The verdict means that Roberts
will enter an asylum.
The verdict is apparently in the face
- of evidence, for even Dr. Arthur P.
J Calhoun, alienist of Seattle, called by
-.the defense, asserted that Roberts
was sane when he fired from Semi
nary bill and also when he made his
, ..... A.....!.,-!
f was because of belief In the Insanity
of the defendant at the time of the
, crime.
! S3 The acqmHtal ofIike Sheehan anff
Elmer Smith was not entirely unan-
lcipated. Smith was charged with
being an accessory to the murder of
Grimm, in that he counseled the L W.
W. to arm themselves and instructed
them in the law of defense.
The question of his guilt hinged
upon whether or not he had told the
defendants that it was their right to
station riflemen outside the hall. The
state contended that it was apparent,
from the conversations he had with
the I. W. W. that he was cognizant
of this plan and gave it his approval.
Mike Sheehan disclaimed any knowl
edge of the plan, or participation
therein, but it was contended that
to him had been offered a rifle, that
he had expressed his willingness to
aid in the defense of the ball, and had
been barred from the use of firearms
because of awkwardness.
The 12 jurors who returned the ver
dict were E. E Tornen. farmer. Mon
tesano; U. G. Robinson, foreman of!
the jury, carpenter, Hoquiam; Harry
Sellers, laborer. Elmo: Carl O. Hul-
teen, farmer. Lake Quinault; Frank
Glenn, farmer, Brady; E. E. Sweitzer,
farmer, Oakland; F. ft. . McMurray.
teamster, Aberdeen; W. E. Jnmon. !
rancher, Elmo; Aubry T. Fisher, real j
estate, Aberdeen; James A. Ball, ,
blacksmith. Montesano; P. V. Johnson, :
paver. Aberdeen, and Samuel Johnson, ,
fisherman. Montesano." I
;aanln at Jail Doubled. j
Sheriff Jeff Bartell of Grays Harbor
county doubled the guards around the i
jail tonight. Troops are still on;
picket duty nearby, with others under!
call. But the rendering or tne ver
dict and the final, scenes of- conrt
were marked by no incident of vio
lence or outburst.
Montesano folk believe that only
the presence of the troops prevented
the fruition of ugly rumors that were
circulated throughout the trial to the
effect that the radicals contemplated
an armed action on behalf of the
defendants.
Though it is not in evidence in the
case, it was learned today that War
ren O. Grimm, for whose murder the
defendants were tried, was in Palo
Alto, CaL, on May 18. 1918. It was on
that day, asserted the defense, that
Grimm participated in a previous raid
upon an I. W. W. hall in Centralia.
Deltberatinn Lasts IVIne Honrs.
Rev. T. T. Edmunds, witness for the
defense, declared that Grimm "danced J
like a howling dervish" at the de-i
struction of the hall. Grimm, it is 1
now definitely established, was mar- j
rled on May 18, 1918, at Palo Alto, to;
Miss Verna Barstad of Spokane the'
same white-faced little widow who i
has listened to the trial of her hus-
band's slayers.
The Jury returned its first verdict;
at 6:40 o'clock. It had been in deliber-'
ation nine hours. Though it received '
the case at 10:20 o'clock Friday night,
it did not enter into deliberation un-j
til this morning. ,
First Verdict Is Rejected.
At 5 o'clock this afternoon the court
received word that the jury bad
agreed upon a verdict after nine hours
of actual deliberation. The Jury re
tired at 10 o'clock last night, but did
not begin its deliberations until 8
o'clock this morning.
News that the jury had reached an
agreement did not become general,
and the throng that gathered in the
courtroom was comparatively small.
At 6:40 o'clock the prisoners en
tered, immediately followed by the
jurors. Judge Wilson took the bench.
The court was declared in session.
"Gentlemen of the jury, have you
agreed upon a verdict?" asked the
court.
"We have, your honor," responded
U. G. Robinson, foreman, of Hoquiam.
One Verdict Is Rejected.
The sheaf of verdicts was passed
to the court. Judge Wilson scanned
them, one by one. A puzzled look
was noticeable as he inspected one
document.
"This verdict, gentlemen, cannot be
received by the court," said Judge
Wilson. He turned toward counsel
'Gentlemen, will you confer with the
court?" he requested.
George F. Vanderveer, I. W. W.
counsel. Special Prosecutor Abel and
Prosecuting Attorney Allen of Lewis
county rose and complied. The con
ference was whispered, and the court
and counsel inspected the verdict.
"Gentlemen," said Judge Wilson,
turning again to the Jury,- "the court
will not receive the verdict in this
form, and you are instructed to return
to the jury room and reconsider your
verdict fh accordance with the court's
instructions."
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Insanity Claimed by Roberts, One
of I. W. W. on Trial.
MONTESANO, Wash., ' March 13.
The ten defendants, all,, members of
the I. W. W., according to admissions
of their counsel during the trial,
were charged with the murder of
Warren O. Grimm,- overseas veteran,
who led the Centralia contingent of
American Legion men in the patriotic
parade in celebration of the signing
of the armistice November 11, 1919.
Thirteen men were charged with
Grimm's murder, two being still at
large and another, Bert Faulkner,
having been dismissed at the close of
the state's direct case.
The defendants who went to trial
were Britt Smith, Elmer Smith, Ray
Becker, James Mclnerny, Bert Bland,
Mike Sheehan, Eugene Barnett, Loren
Roberts, John Lamb, O. C. (Commo
dore) Bland and Bert Faulkner.
Faulkner was dismissed because of
lack of evidence. John Doe Davis
and Ole Hanson also were charged
with Grimm's murder, but they have
not been apprehended.
The Jury comprised E. E. Torpen,
66, retired farmer, Montesano; U. G.
Robinson, 67, carpenter, Hoquiam;
Harry Sellers, 47, laborer, Elma; Carl
O. Hulten, 39, farmer, Lake Quinault;
Frank Glenn, 45, farmer, Brady; E. E.
Sweitzer, 53, farmer, Oakville; F. H.
McMurray, teamster, 41, Aberdeen;
W. E. Inmon, 53, rancher, Elma;
Aubrey T. Fisher, 32, real estate,
Aberdeen; P. V. Johnson, 34, paver,
Aberdeen ; Samuel Johnson, 57, fisher
man, Montesano, and James A. Ball,
47, blacksmith, Montesano. The last
named juror was originally selected
as one of two alternates, he being
chosen as a juror when Edward Parr
of Hoquiam became incapacitated anl
was dismissed. Parr's illness delayed
the trial several days. The other
alternate juror, who did not partici
pate in the deliberations, was A. R.
Johnson, cigar dealer of Hoquiam.
Counsel for the state Included
Herman Allen, county attorney of
Lewlj county; C D. Cunningham,
Centralia. and W. H. Abel, Montesano,
special prosecutors. Defense counsel
included George F. Vanderveer, re
puted counsel for the national or
ganization of the L W. W., and Elmer
bmith. defendant, who was a practic
ing attorney in Centralia.
The case was transferred from Che
halis county to Grays Harbor county,
following a showing by the defense
that a fa r trial in Lewis county did
not appear possible. A further change
of venue from Grays Harbor county
to Thurston was denied, although
Judge John M. Wilson, who presided
at the trial, is of the Thurston county
superior bench.
Warren O. Grimm, for whose mur
der the men went to trial, was march
ing at the head of the Centralia
legion men, when he was mortally
wounded, prosecution testimony Indi
cated. Three other legion men were
dead at the same time, but no murder
charges were forthcoming tor these
deaths.
OREGON CITY, Or., March 13.
(Special.) The Stuart Puncture Proof
Liner & Tire company started its ma
chinery Friday, and during the after
noon had manufactured ovep. six in
terlinings that were exceptionally well
made.
The company's plant is located in
the northern part of the city, a large
building adjoining the Willamette
Lumber company having been leased.
The company has over 20,000 feet of
floor space, most of the machinery
being located on the second floor,
where the interlinings are manufac
tured. An immense kettle, 12 feet long and
four feet in diameter, manufactured
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land and the Oregon City foundry, has
been installed on the first floor. All
repair work will be done on this floor.
The office, on the main floor, is
10x30 feet, and at the fear is" the
storeroom, 24x40 feet. Here are kept
the necessaries for manufacturing the
tires.
The company has started with six
employes, all men, but expects soon
to increase this to from 20 to 30 men,
and will' also give employment to
about six women.
Among those bejng connected with
the new manufacturing Industry is G.
Buchholz, a man of experience in this
line, who will be foreman. B. J.
Staats is manager.
There have been many cities en
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large number of these being in the
east, but the inventors. Dr. G. E. and
C. A. Stuart, father and son, and the
stockholders, including many lead
ing citizens of the county, have de
cided to have the plant locate here in- Salem and J. H. Cavanagh of Pasa- I
their old home town.
"Lafe" Cavanagh Dead.
Lafayette C. Cavanagh of 1475
Court street, Salem, died Friday at
the age of 67. Mr. Cavanagh was
known as "Lafe" Cavanagh through
out Marion and Polk counties, having
come to Oregon from Iowa in 1865
and early located on the Howell
prairie in Marion county. He is sur
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and Mrs. O. L. Ragan of Denver, and
two brothers, George TC. Cavanagh of
dena, Cal. Funeral services will be
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Dr. W. T. Phy of the Hot Lake sani
tarium. She alleges she suffered the
amputation of a foot following treat
ment by him.
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