The Oregon daily journal., December 22, 1908, Page 4, Image 4

THE OREGON DAILY JOURNAL, PORTLAND, TUESDAY EVENING, DECEMBER 22, 1908. .:
Fffilf eomiEO
BUT SAVES CHILD
3Irs.r Julia Laventhal Tosses
Baby Out of Circle of
Flames, Unharmed.
fCalte rn Leaned Wlra.
Ran Francisco, Deo. 22. While Mra
Julia Laventhal was tondling her four
months old daughter. Irma, today In
. her apartment, her dress caught fire
from an open fire In the room and
before neighbors came to her aid ehe
received burns which will probably
cause her death. The baby was rescued
from a biasing bed on which the frail
woman threw It, and was unharmed.
A message was sent to Mrs. Laven
thal's husband, a clothier at Los An
geles, and he is racing with death to
reach hla wife's bedside at the Central
hospital
SO , SIGNS OF STRUGGLE
.'(Continued From. Page One.)
Ivor-Johnson
autopsy on Mnnrinir fnilnwin th nanv and purchased an
shooting, described the wounda on revolver. lie had the clerk load 4t for
Klsher'a hetd. Death was caused al- him. and started direct for the Mo-
most instantly, he said, hr a. nullt that 'hawk building, stopping to take a drink
entered the back part of the skull about lor two in a saloon on the way. With
one inch back ofthe middle line, rani- his hand on that revolver he went to
ing through the brain and lodging back
01 mm temporal bone. Just above the
ear on the left aide. The course of the
bullet was downward.
A second bullet wound was found
on the left aide of the head, the leaden
ball paaslna- lust under the akin and
through the lobe of the left ear. The
nrst bullet was found and removed,
much flattened. The witness illustrated
the points of entry and lodgment of
tire bullet by DOlntlnr them out t the
Jury on the head of Deputy District,
Attorney Pitsgerald. The witness said
he also found a bruise on the right
h iHinr In the Mohawk building
and rode to the third floor. Before the
elevator boy bad time to make another
trip, Ralph B. tisner iaya corpse on
iha finnr nf hla office. Pinch brushed
past the stenographer after asking if
Fisher was in, ana Derore tiBner touio
be apprised of anything, wrong had
aent a fatal bullet througn ms prain
Snencer then rapidly sKetoneo
events following the shooting, telling
how Miss Burkhart -ran In terror from
the office when the shooting began,
how Finch ran to the elevator with a
smoking revolver in his hand, how he
was disarmed ov inesier v, uoiihi,
temple, that might have been caused by 1 how he had told Attorney S. 8. Hum-
a fall on a flat surface
Murderer Snickers.
On cross-examination Dr. Oellert said
there were powder burns on the rlsrht
side of the head, but none on the left.
A question as to whether the wounds
the shooting with the exception of
. Finch himself. With this before it, 4he
defense seems likely to have an uphill
task to substantiate its theory of self
defense, unless It tias unexpected testi
mony In reserve. '
Not untu the examination or wukihh
had been finished by the state this
morning did the defense ask for the
exclusion of witnesses from the court
house. Charles F. Lord, one of Finch s
attorneys, announced after a short re
cess that he had seen "hurried confer
ences among the witnesses for the
state," and he wanted all the witnesses
"fired out" He modified this request
to allow the reporter for The Journal to
remain, but refused to extend this priv
ilege to a reporter for another evening
paper, whom .Deputy District Attorney
Fitzgerald announced he might desire to
call for the state in. rebuttal. Rather
- than have the reporter excluded by en
forcement of the rule, Fitzgerald
would
an-not
, nounced that the reporter
De called as a witness.
Winer's Slaysr Cheerful.
Finch was In excellent spirits today.H
Ha chatted with his attorneys ana rre
quently smiled, as though he were ex
changing bon mots with them at an
: after dinner event. During the giving
of testimony he made notes wun great
, Industry, or leaned over and earnestly
explatned the questions he wanted
asked on cross-examination. He is still
. the guiding hand at the wheel, and if
Ms ship Is wrecked he apparently will
not be In position to blame his pilots.
Objections by the defense were less
numerous tnan yesterday arte moon.
though there were frequent Interrup
tions on tecnnlcal points, that trie de
fense Is saving. An effort was made to
attack the credibility of Wllklns. the
- most Important witness of the state so
far presented, by 'showing that Wllklns
had some difficulty with Finch In col
lecting a bill several years ago.
An effort was also, made to show
that "Wllklns had tried to talk to mem
bers of the Jury -when the Judge and
Jury visited Finch's office yenterday.
Wllklns denied this, but admitted that
he had gone to the door of Fisher's
room while thejury was there, upon ln-
, virauon or A. c Spencer, special prose
cutor for the state, and had been denied
admittance by Bailiff H11L
Tells of JCurder.
'Wllklns gave a dramatic reoltal of
the events tha't followed the sound of
shots In Fisher's office. He and Dr.
. Roberts were the ones who first entered
, the room after Finch had fled, and the
! defense tried to show that they had
moved the body. Wllklns ' said they
had not moved the body, only touching
: funeri nana ana snoaiaer to De cer
tain that life was extinct.
Finch's old mother again cams to
court this morning, and paused on her
way to a seat to greet her accused
son. Finch said this morning that his
wife Is Still in a dangerous condition,
and will not be able to testify. - The
state has already consented that her
statement may be taken and used as
testimony by the defense. She is want
ed to tell of a burglar being In Jier
' house two nights before Fisher was
killed and of asking her husband to
- get a revolver for protection, this be
ing the explanation of the defense for
the purchase of the gun by Finch Just
' before he shot Fisher,
i ' Victim's Brother oa Stand.
l ...... .... I'loiiQ,, UIVLUDI Ul lOJtl
B. Fisher, was the first witness of the
morning. He said his brother was
born near Dallas, Polk county, was 28
years of age and had been practicing
law for four years. The defense ob
jected to a question as to whether or
not Fisher's parents are living, and this
was sustained. Objection was also made
to a photograph of the deceased, but
tnis was admitted in evidence. The
witness said his brother was about five
feet nine Inches tall and weighed 200
be like pieces of blank paper until that
time. He aald that Spencer was Incor
rect in saying that r men was aisoarreu,
when he was only suspended, and it was
were
only
untrue, he said that three charges were
IfVlUK
phrles that Humphries was the cause
oi u au.
lord Pleads With Jurors.
Lord began an outline of his remark
able version or tne aeain oi r inner
ininA ih. inrnri that tha defendant
could have been inflicted by a person ! 8 presumed by law to be Innocent until
while standing at Fisher's left was pre- j he Is proved guilty. He pleaded with
vented by objection of the-ta1e, and them to reserve their Judgment until
this incident seemed to greatly rejoice : the last word of testimony is In, and
Finch and his attorneys, who snickered tnld the lurors that their minds should
auaioiy a Attorney Campbell exclaimed,
.now wo ve got you where we want
you.
M. u. wllklns, an attorney wno was
an office neighbor of Fleher In the
Mohawk building, and was one of the
first men to enter the room of tragedy
after the shooting, was next called and
taken througn a long examination ay
Deputy District Attorney FlUgerald to
Identify the drawings of Fisher's office
and the location of the furniture In the
office. He was In the office about 11
o'clock on the morning of the shoot
ing and talked to Fisher. He pointed
out several respects In which the dia
gram did not, in his opinion, properly
show the location of some of the fur
niture.
Wllklns then told his story or tne
scenes following the killing cf Fisher.
He heard shots, followed by a woman's
screams. He went Into the hall, where
he saw -Dr. W. A. Roberts, and then
went Into Fisher's office together. They
found the room full of powder smoke,
and saw Fisher's body Just in front of
his desk. It lay as though he had top
pled over with the chair, the office
chair lying on. the right side by the body.
Fisher s breast, was about six incnes
from the front of the desk, tils feet
were partially under his desk, his left
arm was thrown over his back and his
right arm under his head. The top of
his rollertop desk was open, and on It
lay a freshly written check with the
Ink apparently lust blotted. All the
drawers of the desk were closed.
Qna la closed Drawer.
Wllklns said ha made a search for
weapons on the floor to see if he could
find evidence of how the deed was done,
but could find nothing. After the cor
oner came he saw a revolver in the rear
end of a drawer In the right side of the
desk. This drawer was 16 or 18 Inches
LEAPS 100 FEET
10 RIVER GRAVE
Tom Sullivan Commits Sui
ride Off Willamette
Bridge at Salem.
pounds or more.
B. M. Uellert, who performed the
Dr.
long, and ws closed when he entered
tne ornce arter the shooting.
The witness said that he went to the
telephone from Fisher's office and
called for the police. He then went
back to the office, and while he was
there Finch was brought in between
two policemen. Persons in the office
asked who the man was and the wit
ness, who knew him, said "He is J. A.
Finch." The defendant said, "How do
you know?" and the witness again told
the officers that the man was Finch.
Then Fineh held out his hand as though
to shake hands, and said, "I am glad to
know you." The witness turned away
from him and the officers led the pris
oner away.
The first question on cross-examination
by W. C. Campbell, attorney for
Finch, was:
"Are you as ismlliar with the post
office as with the Mohawk building?"
This was objected to by the state
and the court sustained the objection.
Finch's attorney said .he wanted to
show tha Wllklns would be unable o
draw a plan of the Mohawk building,
and therefore was not qualified to iden
tify the plans of the building.
Questions about the accuracy of the
chart -J n showing ths pigeon .holes In
fisher's office desk were riled out
by Judge Bronaugh. Attorney Campbell
who conducted the examination of wit
nesses for the defense this morning,
started to address the court in protest
on this ruling, but the Jfidsre cut him
short and told him he might have an
exception. Later, the court warned
Campbell that he was consuming tdo
""fh time on unimportant things.
wllklns was asked nothing about the
seal, directly, but did say that he.aaw
nothing on the floor or anywhere in
Fisher S office that mle-ht L
used as a weapon. The state did not
ask specifically about a seal her-aiiaa
that is nart of tha Hp'-nu
defendants attorneys evidently fought
shy of the question because they were
certain that the witness would sav he
did not see the seal. Tha drift nf th
cross-examination was an effort to
weaken Wllkln y,v irvin. v..
he has taken extraordinary interest in
the case and that he Is unfriendly to
r iiit-a uecause oi tneir differences over
filed against Finch, there
'"tVi, attnrnav then aald that Finch
while under the cloud of charges In
dulged too freely In Intoxicating liquor,
and he did do some of the things
charged In the complaints of the bar
association. Some of the members of
the bar interceded for htm with Fisher,
one of them being C. M. Idlemen, who
thought that Fisher was "crowding him
too hard." He referred to Finch's mar
riage about two weeks before the trag
edy, and said that up to November 28
finch had never , used a hard word
toward Fisher, but had been a suppliant,
pleading that he might be allowed to
earn a living for himself and wife and
thus make a home. .
Coming down to ths day of the kill
ing Lord explatned the purchase of the
revolver by saying that a burglar had
been discovered In the Finch house two
nights previous, and Mrs. Finch and W.
C. Plggott, a nephew of the attorney
assisting in Finch's defense, wno naa
frightened the marauder away, had ad
vised him to purchase a gun.
Ooes to riaheVa Offioe.
Just after buying the revolver, said
Lord, Finch went back to his office.
Before removing his coat he received a
telephone message from Fisher, in
which he was invited to call at Fisher s
office. He went to the Mohawk build
ing In response to that call, and when
t, inttrul aoM "Hello how are vou.
Ralph," in the most friendly tone. Finch I
tnen taitcea wun usnur, uniunK mo
prosecutor to "let up on him," and say
ing in substance, "I am Just married, I
am poor. 1 have fot to support my wife;
for God's sake, give me a chance; you
can give me a chance ir you win.
Fisher became much Incensed, accord
ing to Lord's narrative, and the two
men engaged In an. altercation. Fisher
used harsh language, seised a notary's
seal weighing about a pound and a half
from his desk and struck Finch with it
on the head.
"That blow loosened the bone," said
Lord. "You can put your finger there
now and feel that bone, that Is loose
Just under the skin."
Then Finch tried to get out of the of
flee, his attorney declared. He was half
daied, and Fisher barred the way to the
door. He stood for a moment with his
back to the window, with his arms ex
tended, then tried to get past Fisher
and esoepe. Fisher had arisen from his
chair, and again that seal came into
play. This time he was struck in the
back of the head and knocked ogainBt
the door and partition between the outer
and the private office. As he stood
there Fisher advanced on him, and in
that position. In self defense, he drew
his revolver and fired.
Claim of Self-Dtftnse.
"If he had not had the gun," exclaimed
Lord, "he would have stayed and had his
brains knocked out. Fisher had started
to get chair or something else to re
new the assault, end Finch did just what
you would have done, protected himself."
Lord attemnted to ridicule the disarm
ing of Finch by Dolph, referring to the
latter as the '"hero," but
(Special Dtcpetck t Ths JaaraaL)
Salem, Or., Dee.; IS. Claiming to
have lost his last dollar In a land deal
at Portland, and unable to find work.
Torn Sullivan, tS years of age, commit
ted suicide
last night
leaping from the bridge that spans the
Willamette river at Salem, . 100 feet
above the water.'. His coat was found
on tne onage oy g, l FTasurs about
1.30 o clock this -morning, and on It
was uinnea me xouowing note
'Salem, Or., Dec. 11. To ; whom ; It
may concern : . I am old and useless,
never was other than a detriment, so In
avy xew uoniRa i imena to step flown
and out My family lives at 1110 North
M street. Tacoina. Wash. ". They are
better off without ma. ,
' "TOM BULXIVAN.-
1 Sullivan had been in the city three
or four -days, having corns here from
Wood burn. He was a member of the
Y. M. C. A. and while here had spent
much of his time at the association's
Headquarters, us toia secretary Forbes,
who helped him, that he had Invested
every cent he had in a land proposl-.
tlon. He said that he had trusted the
money with a friend, but that when
he had come to Woodburn to take
possession of the land he found that he
OS a none.
Sullivan's occupation
engraver
bv trade. He had. excellent recommen
datlons from former employes, and was
at -one time .employed on The Ram's
Horn, published at Chicago. lHe came
to Tacomav from Chicago seven " years
ago, according to tne story tola orbes.
LAB0BERS KILLED ' :
: BY QUAJIRY CAVE
t7nltd PrM Leased Wlra.1 . .
Santa Crux, Cal., Dec. 22. Messages
from Davenport today tell of the death
of' three men who were burled under
tons, of rook last night by a. landslide
at a Portland cement quarry,' The mem
wer at work in the quarry when sud
denly without apparent cause ths side
gave way and they were, orushed to
death. A number of other workmen wit
nessed the burial of the victims, who
had no chance whatever to escape. Res
cue parties last night succeeded in tak
ing out the body of Jakoo Perkoo. At
l o'clock this morning .the body of
Garda.- Gulsonne
7 o'clock another landy was, taken from
was remqyed and; t
me eartn. - r uiro notanoo was taken
from the slide at midnight. . Many of
his ribs were broken. , ', -t
Looked Down Gun Barrel.." "
(United Press Leiiad Wlra.l
Bonora, Cal., Dec. 23. Wade Archer,
16 years old, son of George Archer, was
brought to the hospital here today from
Tuloumne. , where - he was shot In the ,
eye while removing a cartridge from a
shotgun. He will lose the eight of ths
eye, Tut will recover fronv the gunshot
wound. - r. , .. ... v v. r - ... .-
: : oomusanoT a xaxxstios.
Ptovs that a neglected cold or cough
puts the lungs In so bad a condition
that consumption germs find a fertile
field for fastening on one. Stop the
eough Just as soon as -It appears with
Ballard's. Horehound Syrup. Soothes
ths torn - and ' inflamed - tissues and
makesvou wall again. Sold by Skidmors
Handkerchiefs in lin
en from Ireland 50.
In Silk from France
$1.00.
In mercerized cotton
from Germany 35f.
And American makes
at 25.
In plain white or white
with colored borders, or
colored throughout.
No man can have too
many of them.
Here they are put up
in handsome Christmas
boxes.
Special today, Silk In
ital Hankerchiefs, 3 for
25.
156-170 Third Street.
Two Pictures of Pinch.
Two word pictures of James A. Finch.
2nitrU,or, llfe tor tlle murder of
Ralph B. Fisher, were painted before
the Jury In Judge Bronaugh's depart
ment yesterday afternoon. One was
given by Arthur C. Spencer, - special
prosecutor, when he said that the state
expects to show "beyond the peradven-
i a. uuuui, io a moral certainty
that when Finch went to Fisher's of
fice on the afternoon of November 28.
he went "with revenge in his heart,
with vengeance in hla minrl hn nn
destruction, no matter what might fall,
and went cowardly, aneaklngly, to com
mit the dastardly act."
The other picture was presented by
Charles F. Lord, attorney for Finch,
who declared that hl client had no
Idea of harming a hair of Fisher's
head and was driven to shoot after try
ing to escape from an unprovoked as
sault, tha result of Fishers anger and
hatred.
Besides listening to the opening
statements of the attorneys, the Jury
yreaterday afternoon heard the first two
witnesses for the state. One of thosa
John D. Wilson, explained In detail the
diagram he had drawn of Fisher's of
fice and the furniture in it. J. C.
Moreland. clerk of the supreme court,
was called to identify the transcript
of proceedings in that tribunal of the
case which Fisher prosecuted to a suc
cessful conclusion, and under which
JM.rh was supended from the practice
of law for one year. Moreland also
Identified the letter, addressed by Fisher
to the supreme court in which he
recommended that leniency be extended
to Finch and that he be merely sus
pended Instead of being permanently
disbarred.
XMsch Apparently Unmoved.
Spencer's opening statement con
sumed only 16 minutes. Finch listened
to it with the closest attention, and the
keen shafts of denunciation hurled bv
the prosecutor did not appear to dis
turb him. He had Just gone with the
Jury to visit the scene of the tragedy,
but this and the scathing words of the
state's attorney seemed to give him
no more concern than if he were ap
pearing as an' attorney In some ordi
nary case.
Spencer first referred to the life of
Fisher and his career at the bar. He
told of the dead man's exemplary
character and the success he had
achieved in "a few years.
"In such esteem was he held by his
nnsociai.es ai me oar, saw tne speaker,
'that he was employed by the bar as
sociation to prosecute unworthy and dis
reputable members of the profession.
I'pon the resolution of the bar associa
tion grievance committee It became his
unfortunate duty to file three com
plaints against the defendant Finch for
Improper and illegal conduct, such as
warranted disbarment. The cases were
assigned to a referee for trial, and the
defendant confessed the- charges. One
or tnem .was for forging his name to
a check, another for forging his name
to a pension certiricate, and another for
gross arunaenness.
Spencer was here Interrupted by ob
jections, on the ground that the nature
of the charges were not nronr mator
for comment Spencer withdrew his re
marks In that respect, and then pro
ceeded to recount the action of the su
preme court In disbarring Finch. The
latter then began o circulate a petition
asking to-be reinstated as an attorney.
t , Purchase of Kevolver.
It seems that Finch had called on
Fisher to sign this petition, and that
Fisher declined to- do HI' the prosecutor
continued. JWbout 12:j(S on the dayi
Fisher Was shot, this ifrfendant mimnt
to the store of the Hudson Arms com-i
was cut short
bv admonition from Judge Bronaugh,
Preceeding, he said that Finch was not
In a normal state for a time following
his arrest. He talked In an incoherent
manner, and about all that ran In his
mind was to say, "I am a disbarred
attorney." i
Lord also made an attack on the I
newspapers, particularly a morning pa- j
fier, which he said had advised the hang- i
ng of Finch without a trial. Judge Bro
naugh again admonished him that this !
had nothing to do with the case.
Loru asked the Jury to carefully note .
Miss Burkhart's testimony. He said
her desk was at a point where she
could not see what was transpiring in
the Drlvate office, but he understood she
had peeked In when she was alarmed
bv the loud talk within. He Indicated
that the defense will t-ttempt to explain
away her damaging testimony by argu
ing that she was too excited to know
what took place. This is apparently
their only hope, for unless the force of
her simple story of what she saw can
be broken, Finch's narrative seems likely
to be discarded as a desperate fabrica
tion, concocted to save him from the
gallows.
odj actions o Diagram.
When Lord had finished, the defense
entered strenuous objection to a mount
ed diagram of Fisher's office. The de
fendant's attorneys said It was not
needed, because the Jury had viewed the
premises, and they complained that It
obstructed the Jury s view of Finch.
But Judre Bronaugh thought the dia
gram might assist the oourt and jury
during the progress of the case, and the
offend!nr chart was placed at the end
of the jury box near the Judge, where it
no longer nifl men rrom tne jury.
John D. Wilson, under whose direction
the diagram was prepared, was then
called and explained it. He said that
tha articles of furniture were drawn In
the rooms where thev had been placed
under the direction of Miss Burkhart.
Cross-examination was directed to sho-v-lng
that he knew personally nothing
ebout the position Of the furniture at
the time of the shooting. W. C Camp
bell, who questioned him for the de
fense, apparently attached much Im
portance to the witness' statement that
Detective Tichenor called htm in to
make the drawing. The diagram was
marked for Identification, and will be
offered in evidence later on.
When Clerk Moreland of the supreme
court was called to identify the trans
cript of proceedings In the disbarment
case the defense objected, principally on
the ground that the document assails
the character of the defendant Deputy
District Attorney Fitzgerald pointed out
that the state offers the transcript to
show Finch's motive for murder, and
that any aspersion on the reputation of
the defendant is incidental and is to be
disregarded by the Jury. Although Lord
declared that the Introduction of this
record was "Unchristian and unfair."
Judge Bronaugh ruled that it was proper
After Moreland had identified Fish
er's letter to the supreme court asking
leniency for Finch, tie was excused ana
court was adjourned for tne day.
by"
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The Five Wishes,
From tho Round Table.
"I wlah I llvd In a beautiful palace.
with nothlnir to no out wnat pleased,
aid little Susie Blake.
"O, I wlah I was very, very pretty, so
that the people najuld look at me and
aay, "She's the prettleat elrl I ever
saw " exclaimed .una uuaiey.
"And I do wish, more than anything
else, that I had lots and lots of money.
said Dora Kyle.
1 would like to be very bria-ht, and
write beautiful story books," said Mac
gy Wllklns.
'1 wish 'tc be good so good that all
my friends will love me," timidly said
littls Kato Otis.
A NEW ONE
- Kaad-Palatsd lna Candy . Box.
Among; th many new and attractive
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an VCV. ; 4 (.
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OUR ENTIRE STOCK OF THIS SEASON'S NEWEST
SUITS, OVERCOATS AND RAINCOATS
No last season's styles. No odds and ends. Blues and blacks included.
SUITS, OVERCOATS AND RAINCOATS
$20.00 VALUES NOW $15.00
- r
VALUES
VALUES
VALUES
VALUES NOW $30.00
$25.00
$30,00
$35.00
$40.00
NOW
NOW
NOW
$18.75
$22.50
$27.50
ALL SMOKING JACKETS
OneThird Off Regular Price
TROUSERS
Eniire. Line Fourth Off Regular Price
, FANCY VESTS
One-Fourth Off Regular Price
In This Sale Benjamin's Full Dress and Tuxedo Suits Are Excepted
COMMENCING MONDAY OUR STORE WILL REMAIN. OPEN UNTIL CHRISTMAS
BUFFO! & PENDLETON
311 Morrison Street, Opposite the Posfofflcc