The Oregon daily journal., December 02, 1908, Page 1, Image 1

r
:'"
INSANITY Ai SELF
DEFENSE HIS PLEA
FINCH'S. DEFENSE
IS MADE PUBLIC
Emotional Insanity and ; elf-defense
are the two pleaa on which the
attorneys for J. A. Finch," the slayer
of Ralph B. Fisher, hope to, save
him from the gallows. A statement
to this effect was made this morning
by Attorney Charles Lord, counsel
for Finch. . , - '--'- .
"The killing of .Mr. -Fisher.", said At
torney Lord this morning, "was .uperin-
: duped by Mr. Finch', persecution , a. a
member Of the Oregon Bar association,
and by various Statements made to and
of him ?pncerninK his relatione with his
clients. I- understand that during tne
last two week prior to the unfortunate
Incurrence he had Indulged In the ex
cessive use of intoxicating "V"- I"
addition, to that he was married about
two weeks before the unfortunate inci
dent, andthe persecution that appeared
,to follow himworked so much upon his
'nerves that he returned to the exces
sive use of intoxicants, and became fren
zied by reason of the charges made
gainst mm.
insinim. evidence
riven before the coroner's Jury, he went
To tit. Fisher's Office, and whatever oc
curred there will be shown fully b the
testimony of those present at the forth
romlnr trial. Finch's mental condition
at t "e'ttme of the killing will be fully
shown, and other . ctrcumBtanoe. p will
be disclosed as to the actual occur
rences at that time. None J,1r
.cerely regret, the unfortunate occur
rence than myself.
Asks rubllo to Walt.
But when the public learn the facta
as they really occurred, and the frame
of minVto which Finch ;tir wrought
ud as a consequence of the continued
insistence upon his disbarment and. his
welt known nervous temperament, they
will not believe In his guilt. I am post;
Mr. uora mrurei my -rtZ
acstnet hi. client - He stated that no
JvWence wSuld be offered br the defense
at the preliminary eiumn.uu...
Referring to the way in which Finch
day. M' Lord salcf that he thought It
t uimi remarkable," he
said, "tnai ne wouiu w . iJLZ
street shackled to a deputy sheriff for
I - the reason that he was neither belllger-
X ent nor pugilistic, ana nor "';"'
for I have known nim 'Yi
over 10 years. He could and would
have walked the streets without being
shaokled to a deputy sheriff, for his
natural disposition when
mind Is as peaceful as a child.
. Attack Girl. Testimony, '
Miss Burkhard's testimony tp the con
trary notwithstanding. It Is evident that
the defense will try to make the Jury
believe . that Finch .hot Fisher to pre
vent Fisher from .hooting him. and that
they will try to make It
Fisher had a revolver in his hand when
he was shot an that the gun was
hidden by the police to ; make It .appear
that the jnurder was cold blooded.
It was testified to at the coroner's
Inquest that Mr. -Fisher some time be
fore had kept a revolver in the right
hand drawer of his desk. This revolver,
say attorneys for the defense, has dls
appeared, and they -insinuate that it was
surreptitiously removed by the police:
The storm at present seems to center
around- J. a Hitching., the attorney
who is suspected of having written the
letters received by Fisher threatening
his life. Hitching, was sent for yes
terday by District- Attorney Cameron,
notwithstanding Cameron's statement
yesterday that ne had not done so, and
sweated. Mr. Cameron admitted this
morning that he sent Detective Tlohenor
for Hitchings yesterday and questioned
him. Great secrecy is maintained by
tne district attorney regarding the in
terview, although It is known that he
is no wiser In regard to Hitchings' pos
". slble connection with the caw than he
was before. --.', t
Will Attack Hitching..
"$yt It appear.' that Hitching. Is to be
made the subject of a vigorous attack
by the attorneys for the defense. If
J. H. Hitchings Is, as The Journal quot
ed John F. Logan a. saying, 'an accom
plice of co-consplrator In the killing, .
.aid Attorney Charles Lord this morn
ing,, "his character and reputation will
be -a sufficient refutation of anything
which he may testify to.", .
, The disbarment proceedings instituted
by Ralph B. Fisher against Hitchings
are still under consideration in the su
preme court. The charges are revolting.
' In addition to this, his professional
record is attacked, Patrick Bruin, form
erly Inspector of police and captain of
(Continued on Page Four.)
TIKES POISON
BY MISTAKE
r uavia W; l ucKer oi oeauie
Dies of Laudanum at ;
Tacoma. . -
"(United Press Wirt.)
' Tacoma, Wash., Deo. J. David W.
Tucker, retired merchant who came
here six week.-ago from Seattle, died
from an overdose of laudanum at, his
home late yesterday. He .-had been 111
and wan taking medicine under tha di
rection of his physician. , The laudanum
was -taken by mistake for-another med
icine. Mr. Tucker leaves a widow and
. two brothers. A. L. Tucker, living In
Nebraska, and Abraham Tucker, hi Ore
gon. , : ' I . - ' '
STORY OF 'FINCH" 8 CON
FESSION MERELY'
A FAKE.'
Deputy Sheriff R.' F. Beatty
denies point, blank a 'published
interview In ' which he Is quoted
as having; overheard a whispered
e t conversation between' James ,'A."-
Finch and the latter', " wife in
d the county . Jail, , during which ',
s Finch confessed that he killed
Robert B. Fisher, In self defense.
"I overheard no. such' con ver
w . satlon," said Beatty to a Journal -
reporter this ' morning. - "It Is
true that I wa. present .'during
the meeting between. Finch and
e his wife last Saturday, night, buj
I Overheard practically, nothing
d ; that passed between them.. I was
e there only to see that Mrv Finch ;
w did nob give her husband poison !
or some weapon with " which to
4 commit suicide."-
e The published Interview was
4 no doubt based on stories' which
4 E. H. Martin, the morphine fiend
convicted . of killing Nathan :
e Wolff, has told to all who would
4 listen since Finch entered the '
w county Jail. Martin', stories re-
gardlng hi. .cell mate', confea-
0- storr ars given no credence" by"
e the sheriffs office. .Had they
4 ' been believed Martin . no doubt '
would have been taken before the
coroner's Jury.
NOT HAPPINESS
Southern, .Heiress Comes
Into Divorce Court With
a Tale of Woe.
. (United Press Lewd - Wire J
New York, Deo. 3. Mrs., Keith Don
aldson, the soutnern. heiress, who earned
the nickname of "the million dollar
bride" because at her wedding dinner
he was presented with funds equal to
that amount, ha. retained counsel and
begun action for divorce.- She separated
from her husband several months ago
and is now suing him on the grounds of
neglect, cruelty and other charges. Mrs.
Donaldson was the daughter of A. Willi.
Hunter, a Memphis millionaire.
BATTLESHIP OREGON
TO BE OVERHAULED
-
i (United Press Xeited Wire.)
Navy Yard, Pu get Sound, Wash., Des.
2. After year-of -silence the gTeat guns
of the battleship Oregon are to be again
fiounted for service. Whether or not
hey will form a part of the -armament
of the Oregon , has not . been decided.
More than two .years ago the Oregon
was dismantled, l- The Oregon Is now at
one of the docks -and preparations are
being made to begin the work of re
fitting her. " . - . - --. j, .; .
MILLION DROUGHT
OREGON H0II0R OH TRIAL
(From the Oklahotnan.)
Is there honor among men in; Oregon? We shall see what
we shall see. . ;
-In the Oregon primary election; of last June, held under a law
similar to the one in this state which .'requires all aspirants for
public position to go before the people with their candidacies,
Governor Chamberlain, a Democrat,; was the choice of a majority
of the people for United States senator. At the same time, the
candidates of both parties for the legislature were selected, pledging
themselves to be bound by the willof the people,-as expressed at
the polls; in naming the senator.
In the recent general election, the Republicans elected a ma
jority, of the members of the Oregon legislature. A legal way is
. open, therefore, by which that party could, if it can induce a,ma-
' inritv nf th neu1V-1rrtpH Ircrixlatnra tn violate their oath and
ignore the will of the people, , name' a' Republican for the United;,
States senatorship in place of Governor Chamberlain, the pemocrat ;,
.And. the amazing thing in this connection is that' a well-organ iz'ed ;
. movement is on, inspired and, directed by the Republican machine X
of the state, to, prevail upon the legislators. to violate. their oath.j
ignore their, instructions, and name a ' Republican for; the place J
instead of Governor Chamberlain. ,
Our United States senators, you knowfc.afe chosen by the legis-
lature. The people, , a majority of , whom expressed a preference J
in the primaries for Governor Chamberlain over the Republican'
aspirant, have nothing to say in the 'matter except in an advisory
- capacity. And1 so there is nothing-to prevent the consummation
f of this disreputable and thoroughly. disingenuous .scheme to thwart
the. popular will except' the pledge' of the legislators their honor
as, men.-' ; ' v'--' ;?.r ' .-'-'. ...
BUT IT IS INCONCEIVABLE 'THAT: MANHOOD IS A.T
SUCH LOW EBB IN OREGON THAT A TRICK OF THIS
CHARACTER CAN BE SUCCESSFULLY PRACTICED UPON
THE PEOPLE WE SHALL REFUSE TO BELIEVE. UNTIL, t
WE SEE IT WITH OUR OWN EYES THAT THE REPUBLI- I
' CAN MEMBERS-ELECT OF THE'FORTHCOMING OREGON;
LEGISLATURE ARE CRAVEN,, CONTEMPTIBLE ' CURS, X
' LOST -TO I ALL SENSE OF HONOR AND UPRIGHTNESS. X
WE -SHALL. COUNT THEM , MEN UNTIL THEY PROVE
THEMSELVES OTHERWISE. IN THE MEANTIME THE IN- X
AUUUKATION Ur THE MOVEMENT TO ELECT A REPUB-
LICAN IN THE PLACE OF GOVERNOR CHAMBERLAIN
X PLACES' HONOR, AMONG MEN ON "; TRIAL IN .OREGON, I
- . i. i. ..
PLEDGED MHO POIR
CANNOT BE
A. H. , Peyers, Republican,
, Puts Senatorial Situation
in Business Terms Leg
islators Can Only Be Ab
solved by Electors.
r "A pledge Is a pledge, whether glven-
Dy a politician to tne peopie who eieciou
him to office, or by a business man In
business life. I cannot for the life of
me see how any' honest man is to find
any honorable means of evading such a
pledge." . -
Thl. Is the belief of A. H. Devers, one
of the best known husiness men or tne
Pacific coast Mr. Devers wa discuss
"V '."
A. H.s Devers.
.. .u- I.-..' bin. MnHnrfNl
by the old line machine politicians, of
the sUte to break down the Statement
No. 1 majority In the legislature and
elect some other -man for United States
Portland merchant takes a vigorous
stand' on tne. question, x
"Always a BepuDuoan."
portunt offices I have always supported
pal affairs I believe In electing the man
wno is capaoie oi, nimie
Unn Y.n man whA.(l (151 t h& -ttclcet r-
garaiess or nis niuron. oitv.ui, . v...
belief It may be possible that I nm not
consiaerea as a (uuu ""i1""' . "i. 1
old line politicians of the sta-te. those
who are In politics for what the machine
will bring to them through Its success.
"I believe In honesty In politics' cqn-
(Contlnued on Page Nine.) -.,
I
t
t
TO ENFORCE
PAYMENT
Decision of Supreme Court
Leaves Portland Treasurer
'in Embarrassing Position
Must Await Keferen
dum Vote.
.
Decision Far Keaohlng in Its
' Scope.
v Reaching throughout the state '
v Into the municipal legislation of 4
w every city and town, the decision 4
4 of the supreme court, rendered 4
4 yesterday by Justice Bakin, and 4
4 providing that the ordinances of 4
Portland are subject to the refer-
endum, will have great Influence
on municipal affairs. The decls-
Ion, in effect, establishes the fact
that the state Uw providing
4 30 day period after the passage
of a statute for the invocation
4 of the referendum upon all legls- 4
latton, applies to municipal brdl- 4
4 nances. 4
4 This decision therefore means
- that all ordinances passed by
4 city council, must wait for SO 4
4 days after their passage before
4 they can be effective. This is 4
4 thought , to affect those ordi- s
4 nances which have been passed 4
since the enactment of the 4
4 ; statutes of 1907, and should this 4
4 contention be well founded, 4
4 would result In much confusion ' 4
4.,. throughout the state. 4
4
The city of Portland now has in
Its coffers $9,060 of money col
lected as taxes on various vehicles
to which it has no legal right, ac
cording to "the decision of the su
preme court rendered yesterday by
Justice Eakin. In other words the
city government has collected that
amount of money when under the
law it had no right to do so until
such time as the referendum vote of
the people of the city approved the
law.
What is to be done about the
tangle is a puzzle, though it is gen
erally supposed that the city will
hang onto the money until after the
referendum has been applied to the
ordinance in controversy. Then if
the people reject it the city can re
fund- the money. If the people ap-
1 (Continued on Page Four.) '
SYMPATHY FOR
VVIDOtVAHD CHILD
Hood River Bar Association
Passes Resolutions on
Attorney's Death.
(Special Dlspstcn to The Joerasl.)
Hood River, Or., Dec. 2. The Hood
Rlve,r County Bar association has passed
the following resolutions on the death
of Ralph B. Fisher, which occurred Sat
urday at the bands of James Finch: -
"Whereas, Ralph B. Fisher. late of
Portland, and .a worthy member of the
bar of this state, has become the victim
of a cowardly and vicious assassin; and
"Whereas, The apparent reason for
such unprecedented and cowardly , deed
was that the deceased had the courage
of his convictions and dared to stand
for the right; and
W hereas, Tne state nas . Deen de
prived of a useful cltlsen; a wife and
child have been deprived of an affec
tionate husband and father; the bar of
the state of Oregon of a lust, conscien
tious and able member: Now, therefore,
be It .
,"Resolved, By the' Hood River County
Bar association that this association
does deeplv deplore this cowardly and
unprovoked assassination of an official
for tne honest discharge or his duty;
and be It further
"Resolved, That this association doe.
hereby extend to the widow and 'or
phaned child tho.e who long for
' The touch of a"vanished hand ,
Ana tne souna ox a vuic mat is sun
Its deep and heartfelt sympathy, in their
bereavement; and
"Resolved, That a, copy of these reso
lutions be forthwith sent to Mrs. Fisher.
one copy to tne secretary or tne vregonu
Bar association, one- to tne - rortiana
daily papers and one filed with the rec
ords of this association.
HOOD RIVER COUNT! .BAR ASS'N,
Hood River, Or. . .
t"E. H. HARTWia,
:, "A. A. JAYNB and
"JOHN UEfcAND HENDERSON, -
I .1 . i"Committea.'
THE COUNTRY ; LIFE COMMISSION , ARRIVES , ; ,
a
' Tired 'and hungry after an all night
Journey, the four members of the com
mission appointed by President Roose
velt to Investigate farm life in Ameri.
ca, reached Portland this morning and
were receivea witn. open arms , oy a
delearation of Dromlnent citizens, in
cluding William A. McMurray, general
passenger agent of the Harriman lines
In. Oregon, and Tom Richardson of the
Portland Commercial club, H. C. Atwell,
president of the Oregon Horticultural
Moh Armed With Revolvers Makes a Demonstration at
.Plant of Fireproof ingcCompanyT at :Perth "Amboy,
N,; J.lfey0p$ JArmed Strikebreakers. u:
1 A j.
J" (United rrn Uasad w0
Perth Amboy, N. J.. Dec. 2. A mob
of a hundred strike'; sympathisers;
armed with revolvers, ' early ' today
charged the plant of the National Fire
proofing company, firing at .the guard
of 40 special deputies and policemen
on duty at . the works. The . sentries
returned the fire and the battle was
about even until the professional strike
breakers, who were at work at the fac
tory, were hastily sworn in as deputies
and given orders to lead ' a ' counter
LEPER. IS DEAD
Body Will Find Ignoble
Burial in the Potter's
Field:
MRS. WARDVELL,
(United Press Leased Wire.)
Los Angeles, Dec. I. Mrs. . Iiabella
Wardwell, the leper wife of ,the famous
old-army officer, 'who recently died In
Arizona,' died early today at the' county
hospital here. She will be buried In'the
potter's field.
'Mrs. Ward well's case attracted wide
attention a few months ago when; her
husband, General Wardwell - kidnaped
her from the county hosoltal and ' fled
with her to a hut in the mountains of
Arizona. He died a short time later and
she was returned to this city.
. Seven years of misery were spent. by
the unfortunate woman - before death
ended her untold sufferings. She was
not confined In the hospital here, how
ever, until last June, when she was
found wandering; In a dazed ' condition
about the shopping district. At theTjo
lice station It was discovered that 'she;
was a leper.
After being confined In the . contag
ious ward for several weeks her aged
husband. General David Wardwell, kid
naped her at night and -took her to a
little hut1 on a mountain side near
Tombstone. Arii. For some time the old
couple were lost to the authorities but
officers finally, located them. and com-j
?elled the afflicted woman to. return to I
he Isolation of her living tomb here.
"Unmindful of the danger to ' himself,
the aged general begged .that . his wife
might be left to. his care In the Ari
sona cabin. When his plea ' was un
heeded he failed In health and died
within a few days after. their separa
tion. Leprosy had already affected the mind
of Mrs. Wardwell and a short time af
ter her return here she became t a rav
ins; maniac. She had lucid moments and
in one of them a few days ago she told
a Mexican whb had traveled hundreds
of miles to have'hls case dignosed, that
he was afflicted with the ''living death."
BELLINGIIA3I WANTS
FEDERAL BUILDING
'(United Preaa Leased Wlre.V
Belllngham, Wash.. Dec 2. At a meet
ing of the Bellingham chamber of com
merce .last night' the citizens decided
not to wait for an additional appropria
tion from the government for . the son
structlon of a federal building In this
city. A total of 1 110,000 has already been
appropriated for the-- building. -. The
original jplan was to wait- for more
money In order to-erect. a larger build
ing than will be possible with the money
now available. The-site has been ex
cavated and' It is now the - dwsire ef
the merchants that the construction
work the started. 4 The -matter will be
taken up at once with Senator Piles and
Congressman llumphrey. -
' ' '..'-.. '
4
1 m
society, and . several' prominent fruitgrowers.-
The train on which the party
arrived was late, and 'aa 'the commis-t
sloners had not breakfasted, they .were
not taken at once to ' the fruitgrowers'
convention, as 1 had been planned: In
stead they were placed within striking
distance of a bountiful breakfast after
they had removed the stains of -travel.
Later, during the-noon hour, they were
tendered an informal reception- at the
Commercial club.- ;
Portland.' is one of the four " coast
charge. They soon .cleared the ground
in irom 01 me plant. 1.,
Many' arrests followed .the - demon
stratior. on the cart of the' strikers. -
' T, he troops .which have 'been- guarding
me piace- were sent nome 'yesterday.
The departure of the -militia cauiieri
many striker who had returned to their.
places in tne plant to desert once more,
belna- persuaded hv their ; frlhtnt1
wives that without the . protection of
111,3 DViuici llicir 11VC9 WOUJU ' DQ in
danger from the vengeanoe of .their for
mer comrades. V -
PERISHES WHILE
SEEKIIIG REVEfiGE
Montana Man Fires His Ene
my's House and Falls
Into the Flames.
(United Preas Leased Wire.)
. Townsend, Mont. Dec. 2. Hume
Hahn, son of. a rancher living near
here, has been exonerated by a cor
oner's Jury from all blame In connection
with the death of Mark Aminesden yes
terday. It developed that Ammesden,
while Intoxicated, attacked Hahn, and
the latter, after shooting him twice,
fled.
The shots were not fatal,' und Ammes
den,' crazed with drink and with the
pain of his wounds, tried to carry out
a plan for ' revenge. When Hahn, ac
companied by a neighbor, returned . to
his house, he -found Ammesden -on
guard with a rifle in his band, appar
ently awaiting Harm's nittfrn. The
house was .on fire but Ammesden did
not heed the proximity of the . flames,
and, before the eyes of Hahn and his
friend, he was overcome by 1 the heat,
fell back into the fire and was burned
to death.
LOGS IN HARBOR
. A DOLLAR HIGHER
Aberdeen, Wash., . Dec. ? J. -The Dries
of logs went up II per thousand today.
Lumber will advance accordingly. It Is
claimed that not more, than. 4.000.000
reel or iors are now in the waters of
Grays harbor and that not more than
vt,v;0;O feet are available. ' counting
logs In mill booms. '" No." 1 fir logs, for
meny , are now epruce logs
have advanced to IIS. Cedar logs range
from 8.0 to $12, the highest price in
many months. .' -,
LOCAL SUPPORT NECESSARY !
w
I
"I have noted with interest the 'Home "Product, campaign now
being featftred by. The Journaf, said V. El CampbeU, president of
' the Automatic Safety, Gts, Burner company.' .
"In Tacoma,' Seattle and Spokane the mannfactortr have car-
ried out ; a -milarj'policy artd . in each place have met .with huge
success.-.l anyone dbubtsjhis let him attempt to market any-
thing,-in any.. of the places named, that i manufactured? at that
" particular ; point,--;v. j;" '.":;"!.-'; ? .' ','-,) .r .; , X
Ve Oregoiiianj. must :pujli together, to accomplish the' same
results, and our 'home, consumer must be impressed with, the j s-
portance. of 'calling for,; 'Oregon made good.''
" "This; is. a vital question and' means the whole life a !
'.perity of our state forojir factories musti have the uri:
(port of, the home buyers." :'
J-
cities in which'the commissioners will
hold meetings. ' The four commission
ers are President U H. Bailey, W. A..
Beard, K W. Allen and Tr. C W.
Stiles. They will hold an all day hear
ing tomorrow;.
The commissioners were photographed
at the union' depot 1 this morning - by
Aiie journal starr arimt. ; in tne ac
companying cut they are shown as fol
lows,' reading from left to right: Mr,
Allen, Mr. Bailey, Mr. Beard and Mr.
Stiles. ...-' t 1 . v
ER:
FOUND GUILTY
7". ii ' X
Jury: Decides pTHi -Parker
; Did Wrong ? 'f n i Hating
' ; Non:MitimrAjmm
James Parker,, vice president of . the
First Natlonal'bapkj at, Baker City, was
found guilty of the charge of swearing
falsei- to' a' nori-mlneral affidavit by; a
Jury in the, United State, district ,'cqurt
thls'morning. . -
The evidence went to the jury at 19:30
o'clock yesterday 'morning. ; AH day, the
Jurors 'deliberated." JAtj 9. O'clock ! the
men. were Unable " to agree and -were
locked up for the night. ; At ) o'clock
this ' morning the; verdict was reached.
The ' Indictment against Parker was
returned by a federal grand Jury several
months ago. , The principal witness for
the government was" Fred 'Wunder, ' an
old miner, who , had been v working a
mining claim since 1883. Parker filed
on -the. land under the. timber and stone
act and swore that the claim was more
valuable for Its timber than for Its min
eral. - -.--' '" , t ' 4
Before the filing-, bad . been made - It
was brought out by District Attorney
John McCourt during the-trial; Wunder
went to Parker and ' told him that he
had a minlna- claim on -the land in ques
tion. Parker promised '.to , investigate,
saying that if he found thls-rto be true
he would make no effort to take up the
land. .... . -
At the timeJ Parker agreed "to' visit
Wunder and go over-the lend with' him.
This it ' seems Parker failed - to do.
Parker took , the stand-In his-own be
half, and - frave testimony to the effect
that he had gone over the claim, as re
quired by law, .and had seen certain
mining improvements, consisting of res
ervoir and ditches. When he made final
proof he -swore to a non-mineral-affidavit.
1 The principal contention of the
prosecution was that Parker had made
no effort to'see lf--the claim of Wunder
was belns; worked and developed for. Its
mineral values. If this had-been done,
the government ; asserted, -the-question
would -have been settled 'by a bearing
before a commissioner of. the land of
fice. ; , -. -" .( ,
TJecide la Early Mora.' , .
. Although 1 the " verdict - was decided
upon at 2 o'clock, it was "not .' read in
court until o'clock this morning.-After
the announcement that the Jury had not
agreed at . 9 o'clock, last night. 'Judge
Wolverton went .to ,hts ' home. . Soon
after he arrived at his chambers In
the . federal - building-.1 this morning he
was . notified , that, a verdict has . been
reached. At I o'clock court was called,
the-Jurors, brought, in. and the .verdict
read. . ,
Parker and hi. -attorney; -AV C. 1 Johns,
were In- court at' the -time. . Parker ' was
vlsably affected -and said -not a word.
evidently, and, both he and his. client
left ,the courtroom without making any
remark whatever. -',....-..
.The maximum penalty. of conviction
for havlna- made a falsa affidavit la a
fine of 1500, .or two years In prison at
hard labor. - ; , . . -
-Judge Wolverton will set the date of
? renouncing sentence .within -the, next
ew days. Parker is out on bond.
hkh