Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 2, 1921)
7i "T" - m a a V l( L Iv l AuLM ABACK BY IKES ill BURGH CASE La Angeles. Nor. 2. - (IT K. 8- Alienist employed by. District Attorney "Woolwine we r. today expected to ex- Famine Arthur C.Barcb.. whoas attorneys nave oemanaea tnat his sanity b tested beore ha U placed on trial for the mur der of i. Belton Kennedy, in preparation for the proaecutlon'a answer to the -defense claim that Burch Is Insane. -VProcoedlng on the theory that Burch l sans and taht the defense request fop a Jury trial to determine Bwrch's men tal condition, is' a ruse to prevent him from being tried on the murder charts. Woolajna summoned numerous witness es to his office for the purpose of tak ing affidavits. g MTATE GBEA.TLY MHFRISED With a rush that nearly1 swept the prosecution from its feet and In one of the most dramatically spectacular courtroom scenes ever enacted here the defense drew "first blood" yesterday. ' Almost before officials and spectator were settled In their seats far the open ins; formalities of the trial, resulting from the tragedy of a much entangled romance, Paul W, Schenck, chief counsel for Burch. filed a series of affidavits In which the defendant was declared to be Insane. This rirst big- surprise of the now famous murder case proved to be uch an unexpected blow that District Attor ns Thomas L. Woolwlne first obtained a recess of a few hours and then a con tinuance of ths trial until next Monday morning. - SKCOSD BLOW COMES , Then - literally ' before thei prosecutor could sain hia "second wind" cams the second sarprise of ths day one al most as .severs "as the first when ths - trustees . of the Los Angeles Bar association by unanimous vote recommended that - Charles K. Erb steln, noted Chicago lawyer, be ad mltted to practice hers as chief counsel-for Mrs. Madalynns Obenchain, co defendant with Burch. Prosecutor Wool wine, had, mads a hot und bitter fight against Attorney Erb steln charring that ths eastern, attorney, was "trickster and suborner of. per jury." ' r But Attorney, Erbstsln'- eaceessfully countered the charge with official rec ords from -Chicago showing thst he had been acquitted of the charges filed against him In ths East. The Chicago Bar association, It was stated, had certi fied that he was an attorney in good stand ins; there. Counsel for Burch demanded that the laurder trial be halted until the defend ant could be tried, either by a Jury or by a commission of alienists, n. a sanity charge. 1I0HTS INSANITY PLEA District Attorney Woolwlne first stated that he did not want to try Burch for murder if' he was insane, but at the afternoon session warmly declared he , would fight the Insanity, contention. He then asked for the continuance In order to prepare counter affidavits. The defense affidavits were sworn to be Attorneys Schenck and Richard Kit trelle of Los Angeles and Attorney John J. Sullivan of Seattle, associated in the defense; by the, Rev. W. A. Burch of Kvanston, father of the defendant and by three alienists. All stated they were convinced Burch now Is insane. It most certainly was a day, if not the day. for toe defense and even ths beautiful Madalyane Obenchain, storm center of ths drama of actual life, had her part In the scene by endeavoring- to personally address Superior Judge Sid ney N. Reeve the trial Judge, during the morning session. CASES' C05TT5UED ' The. case of Mrs. Obenchain, as well as that of Burch, was continued until Mon day, at which time Judge Reeve was ex pected to formally admit Attorney Erb steln to practice as her chief counsel and to order her trial as soon as the Burch case undisposed of. -The' last minute counter offensive of the defense came as one of the most com plete surprises ever staged in a local courtroom battle. Almost immediately as the situation waa realised by him, Woolwlne supped from bia ;chalr stepped 'to the row of newspaper reporters and exclaimed In a stage voice, Tls means that Burch admits his guilt-" " But a careful (perusal of the affidavits read Into the court record showed that the defense attorneys, probably with the utmost care, had avoided mentioning any Incidents prior to Burch's incarceration to support the insanity theory. ETES TCBX 05 BURCH While Attorney Schenck, In droning voice, read through the legal documents, all eyes In the courtroom centered upon Burch. Prior to this time the defend ant. Madalynne Obenchain and Mrs. J. D. Kennedy, mother of the slain man, divided attention. No motion picture thrilier ever pro duced a more excithlng and dramatic scene. No story of fiction ever held the attention of the reader more in tensely than did - the proceedings held In spell those in the little crowded court room. And then, as an anti-climax to the great movement of the day, Madalynne Obenchain, wearing a dress of black that was" trimmed with Irish lace, stepped forward, and, in a low voice, addressed the court in her own behalf. Ths "sideshow" contest between Dis trict Attorney Woolwlne and Attorney Erbsteln necessitated the appearance of the heroine of the entangled drama. GALLAXT HUSBAND AFFEABS A I soon as the court had granted the prosecution a few hours to decide what action to take in combating- the Insanity move of the defense, and while the elec trified courtroom was abuzi with mur mured comment, Ralph Obenchain, di vorced, but modernly gallant husband of the fair co-defendant, quietly arose. In a voice In which emotion was evi dent . And acting as associate counsel of the woman for whom he is fighting, despite her former action In leaving his home; for the man later shot down at her side, Obenchain asked permission for Mrs. Obenchain to address the court. Then the courtroom received its sec ond and supplemental thrill of the morn ing. As though she had had no Inter est In the proceedings bristling with sensation that Had Just closed, Mrs. Obenchain stepped jauntily to the at torney's table. But at the last moment the great ef fort of the "heroine -of the- story" failed. She could not lift her voice high enough for the judge to hear what she was en deavoring to say. Leaning forward. Judge Reeve waited a moment as the low mumblings of a feminine voice tried to form distinct words. )I cannot hear, what she says," the court Interposed 4 moment later. .JMrs. Obenchain, Slter- shoulders slump ing slightly In deeifcTK as she fought to control herself, tried again. It was use less. On his guard, as he constantly has been, to protect her the discarded hus band of the past hurried to the side of the woman who so greatly needed his aid. . , ; i . "She asks the court to continue her case until the Bar association has acted on the admission of - her. lawyer; -Mr. Erbsteln of Chicago, said Obenchain. 'The court cannot act on her request until later In the day, replied the Judge. The picture was one . of sharp con trasts as the legal battle openedL A large crowd gathered outside the hall of Justice more than an. hour before the trial was to open. ' Despite the fact that deputy sheriffs announced the venire - of - men and women would fill all available specta tors seats, the crowd waited for the thrill they seemed to sense, One white haired-- woman even was locked' In the courtroom during- the night. ' She was rescued by a deputy sheriff shortly after midnight. Officers did not obtain her name, but she told them she waa from Evanaton. Ills, and that her folks there had written urging her to tell them all "about" the trial. BRITISH NAVY HEAD ORDSARMAMN T New York, Nov. t-ML N. &) Presi dent Harding's conference on limitation of armament will serve, notice on mili tarism that it mult "quit," according to the opinion expressed by one of Great Britain's delegation t the Washington conference. Lord Lee of Fareham, first lord of the admiralty, who arrived from England Tuesdav on the. Olvmnic I Dele gates and advisers to the conference representing Italy. China and Japan, ar rived on the same boat. "This is what brings us to Washing ton," said Lord Lee. "and, if, as I trust, we all go there in a spirit not merely of hope and sincerity but a fixed deter mination to convert the president's lofty aspirations Into a practical working agreement, the war will not have been fought in vain." W Another passenger on the Olympic was Senator Carlo Schanaer, of Italy, head of the Italian delegation to the conference. He favored the disarma ment proposals. if The Importance of 'the Pacific prob lem to be tackled by the conference was emphasized by Senator AJbertlni of the Italian delegation. "After the World war," he said, "an event dominates the Bltuation the gra vitation of naval power from. West to East. It seems to, roe that this event is at the bottom of the Washington con ference. "If the sound, realistic vision and feelings of human sympathy which in spired the president are shared by the other nations, the conference will be a great success and will corjiatitute a great step towards the permanent mainten ance of peace." V. K. Wellington Koo formerly Chin ese minister to Washington and now minister to England, who will be at the conference for China, declared that the stability of. China would be a great contribution' toward assuring world peace. Healso arrived on the Olympic. Washington League To Continue Fight . '. Spokane. Wash., Nov. 2, The national Non-Partisan league of Washington will continue its activities in this state more vigorously than ever, despite the defeat of the league in' North Dakota, strong hold of non-partisanism. according to Y. C Mansfield, director of the state organization and .acting manager at the headquarters located here. Harding: ; to Revive;. New Year Reception; First in Ten Years V " IBy Catted Sews) Washington, Nov. 2. New Tear's "open house" is to. be restored at the executive mansion by President and Mrs. Harding. For the first time in 10 years, the White House on January 1 next, is to be thrown open. Neither age, sex nor color line will be drawn in this event, established years ago, but discontinued under the Wilson regime. It is estimated that 10,000 people, more than ever attended such an open house in the past, will come to this one. - According to the rules set up for the occasion, the president and his wife first receive In order, the justices of the su preme court, members of the senate, members of the house, all with their families ; then' the heads of the depart ments In order, then employes of all the departments, until the last of the gov ernment workers, has passed through the line. At the conclusion of this parade the public generally will be admitted by the front entrance and permitted to file single file through -the blue room, each shaking hands with the President and Mrs. Harding. BRHB.DK WITHHIS FAMILY Salem,' Nov. 2. Mrs. B. M. Brumfield arrived in Salem today from Roseburg and this 'afternoon-spent half an hour visiting with her husband, who last night was "dressed'! In as a prisoner at the state penitentiary and assigned to a cell in murderers' row... Mrs. Brumfield; who was accompanied by her three young sons, came only for a visit of a few days and does not Intend to make her heme In Salem, it was ex plained. , Prison rules permit relatives to visit condemned men daily if they so desire. and also allow the bringing of food and reading matter. ( Neither the prisoner nor his wife dis played any emotion upon their meeting here today, the prisoner being apparently resigned to his fate, while the wife clings to a hope based on the proposed appeal toy the supreme court. at her home and did not appear at the train- to see him depart on -his prison journey." - It is understood that tlx. Brumfield informed friends here that she would visit her husband as often as prison rules would permit.', v Pasco Child Burned To Death When Fire Destroys Residence Pasco, Wash., Nov. I. The 16-mpnths-old child of Mr. and Mrs. Fred Selvig was burned to death Tuesday morning when their home on the east side was destroyed by rire. The origin of the fire is undetermined. Mrs. Selvtg had gone .to milk a cow, leaving the two children, one about 4 years old and the other the 18-montha- old baby, playing In the house. When she returned the house was in flames and the older child was found in the yard, but was too frightened to talk. The house had been built ' out of old. dry lumber and burned like paper. The baby was burned to a crisp.' The re mains are now at the undertaking par lors of the Lee Perry company and funeral arrangements will be made later. Vice Squad Mills Is Busy During Month The vice squad of the Portland police, under Sergeant John Keegan, made 221 arrests during October, according to fig ures compiled at police headquarters Tuesday. The largest number of ar rests were for being behind barred doors, 38 being made on that charge. Others were taken on the following charges: Vagrancy 31, disorderly con duct 26, violating the prohibition law 25, visiting lottery 21, visiting gambling game IS, gambling 17, drunkenness 13. Fines aggregating $2080 were levied against defendants. Days spent in jail totaled 519. MBS. BBFMFIELD WILL GO TO WILLAMI3TA, BEFOBT Roseburg, Nov. 2. Mrs. Richard M. Brumfield, wife of the condemned mur derer of Dennis Russell, left here this morning for Willamlna. where she will remain indefinitely at the home of her husband's 'sister. Mrs. C. B. Patrick. She was accompanied by her three little sons. Mrs. Brumfield took her departure on an early morning train. She refused to talk to newspaper men, nor would she be interviewed at any time during the trial of her husband. After bidding her husband farewell at the jail Monday morning she remained V . j 'S I J L I.I ' ... Robbed Gas Station At Hillsboroj Two. Confess When Taken I ' -v - ' . ) Jejn, Cooper, 22, and Horace Lampoon, 24. were arrested Tuesday afternoon on a charge of robbery, and confessed to holding up the Standard Oil station-at Hills bo ro, Saturday night, when $180 and 1 books of tickets were, taken. They were identified by-a tax driver who took themi to Hillsboro on the night of -the holdup. I, In their -confession they stated that they first planned to hold up the Stand ard Oil station ' at Sixth and Caruthers streets, but char-ged their minds. Cooper and Lampoon will be taken to Hillsboro today by Sheriff Alexander of Washing ton county. Child Wounded by Ricocheting Bullet The Dalles, Nov. 2. Struck by a ricocheting bullet, which glanced from a 'rock at which boys engaged in tar get practice with a .2 2 -calibre rifle were shooting. Vera Winfree, 9 years old, is suffering from a severe wound in the forehead. The accident happened in the municipal 'auto park. -The girl was standing on a rock several feet above the ground, and the impact of the bullet caused her to fall unconscious. B. FIirine!:Is to V ; Address Teachers ; AtWascblnstitute "-- '-t , '- - "ii ni - t "'-- yS. ' j, . The Dalles, Not. . B. F. Irvine, edi tor of the Oregon Journal, has consented, to deliver the opening: address hex in connection with the annual institute of Wasco county teachers, which Superin tendent Qfonewald Is planning on a more elaborate scale' than was ever attempted in the county before. , Irvine will speak in the high school auditorium Tuesday evening, Novem ber 22. J. A. Churchill, state superin tendent of public schools, will speak Monday morning.. A. branch of the State Teachers association is to be organ ized for the county Wednesday. . School children of the county will en joy a vacation during the entire week of Thanksgiving. Superintendent Grone- wald said Tuesday;--; r ' ? Attempt to Destroy Liquor Costs $100 Police were searching a soft drink parlor at 321 Water, street, when Gordon Pattee, age IS years, endeavored to roll a bottle containing moonshine through a hole in the floor. He kicked the bottle at the, hole, but it missed. and bounded out where the officers saw it. Then he hurriedly, thrust it down, but police saw him, and recovered the bottle. Below the oDeninsr a number of rocks bad been Disced, police believe for use in Just such an emergency. But Pattee's throw went wild and the bottle lit in some soft dirt. - He. was. fined -8100 In. municipal - court Tuesday, for" attempting to de stroy evidence. ' . ' i COMING mm NSW. j PrSfaSTSfc mm n-x r, ASTORIA RESORT RAIDED Astoria. Nov. 2. A rich hoard of liquor, both moonshine and bonded, was seized Tuesday, when Sheriff Nelson and Deputy Hansen swooped down on the Louvre soft drink resort, once the largest and most palatial establishment in Astoria. Seventeen sacks of liquor were seized-. I I I I . I I . I I . Ml I 1 A I I . VILJ MJ kLL 1 YJ NJJ MJ iJ. o Save oe Fiaips aid Phoiograplis FOLEY-MAEGLY MUSIC CO. 5T7 T uu As Told in Former Announcements We Must Vacate Soon. Our Present Building Is to Be Wrecked. We Must Get Out! V Finest Expensive Pianos All Now Reduced . if -W have an extra large stock of fine pianos "which .because of the workmanship, the fine ma terial used in" their construc tion and the high finish, cost more than the ordinary kind. Buy a Really High Grade Piano Now at Less Than an Ordinary Piano Price. - t $750-i723 high grade, fin oat quality Pianoe clotting out price. ........ ..$585 $690 high grade, finest quality pianos closing out price i...;...$535 1875 klf K trade, finest qualit Pianos closing oat pric. ... ........ . .$485 $6S0-$625 high grade, fiaest qoality Pianos closing eat price. ..$450 $S50-$57S high, grade, finest quality Piano closing oat price ....i-$410 M85-4525 high grade, finest quality Pianos dosing out price '.'. .'.$375 I3SS-S42S high grada, Finest quality Pianos closing out price. . ' $325 Used Pianos at $98, $163, $250, $298 and Up j PLAYER PIANOS 775-$850 finest quality Playar-Pienoa Joing out price. 1725-1750 finest quality Player-Pianos dosing out price. sen teim tr . t-. m v. . - . lojw-fui a (west quality r layar-riaaos Cioaaag out price ........... USED PLAYER-PIANOS at $325 $385 $425 $785 $635 $585 .$485 Phonographs of almost every style, size and make, all selling, at one-half to one-third off former price. (Victor products not included In this sale) See Us Now for Your Christmas -Phonograph Emersons, Brunswicks, Edison, Columbias,' Cremonas, Stradiyaras, Etruscans, Sonora, Mandell (Used and New), and all going at heretofore unheard of prices but we 'must get. rid of them. ' ' ... : . -" ' i t " $110 Phonograph, oak r mahogany, new, $47.50 $135 Phonograph, oak or mahogany, new, $78.00 $16$ Pkonograph, oak or mahogany, new, $98.50 $175-$200 Phonograph, oak or mahogany, new $125' Small portable styles, used, $12.50, $17.50, etc RECORDS 5 Each i Extra Urge assortment of Pa the, Emerson and . ethers included in this lot. Victor Records not reduced.) . t P EASIEST TERMS OF PAYMENT Pay $10 per month or more on pianos. $5 per month and up on phogwsraphs ; OUT OF TOWN MAIL ORDERS GIVEN PROMPT ATTENTION F.QtEY-MAEGLY MUSIC CO; 10e FIFTH ST., BET. WASHINGTON AND STARK, r.? ; OUR WOMEN'S READY-TO-WEAR DEPARTMENT Hnartmnt- wr are dosinp- out our women's Ready-to-Wear Depart ment. We take this opportunity to offer the thrifty buyer Fall Wearing Apparel at greatly reduced prices. Our stock consists of new merchandise for Fall trade. Those in need of good garments at low prices should not fail to take advantage of this great Closing Out SaleJ 3 DAYS' SALE THURSDAY FIRST, SECOND AND ALDER STREETS- SATURDAY sot Women's Cloth Coat .98 Beautiful -Coats lined throughout. Large collars and cuffs. These 'oats sold formerly 22.50. Closing out price, $14.98. Women's Bolivia and Yelour Coats Here Is indeed a good bargain. These Coats formerly sold for $27.50. Some have fur collars. But ton trimmed, loose back effects, figured sateen lining. Make your selections early. SILK AND VOILE WAISTS S) Regular J2.50 values. Women's Black Silk Waists, also some Nov elty Voile Waists. Ooing at this bargain price.. - v - - . A l WOMEN'S PIusK 3oats mmm mm These Coats formerly sold for, $28.60. -There are only a limited. quantity, ot these high-grade Coats. Full 49 inches long. Fur collars and cuffs. Lined throughout. WOMEN'S EXTRA LARGE Broadcloth Coats W8 These Coats- f ormerly u sqld for $30. There are all extra large sixes and . onjy a limited ouanUty left. . I WOMEN'S BLACK Soisette Waists Regular J2 . values. These are all extra large sixes. Also some White Waists going at . the closing. : out price. ' - ' At- 14. v CHILDREN'S W0MENS WOOL WOMEN'S Knit Toques 25c Sweaters $3.75 Dresses and Coats 85 Regular $1 values. Here is your opportunity to Values up to $7.50. Here you will find an ex- v '' ceptionally good selection-- in colors and shades." Extra good values. 36-INCH FLOWERED CRETONNES 1 lard Heavy, excellent quality, suitable for com for coverings, draperies, etc. Actually 25c values for only 19 yard. VELOUR - FLANNELS Yard We are showing a splendid assortment of Velour Flannels suitable for kinronoef dressing saoaues, etc .- C3R3 BEST STANDARD DRESS GINGHAMS -LLw Yard Pretty , plaids, checks, stripes .'and plain col ora. Suitable for dresses and aprons, etc. . SPECI AL! I We Carry Shoes of Quality MEN'S WORK OR DRESS PANTS $2.95 Men's dark gray Worsted Work or Dress Pants, well made, fuy out. These Pants were a special lot we purchased at an unusually low price and we wish to giyj? our trade the benefit of this great bargain, .Regular JS.00 values. Men's Flannel Shirts These come in kliakl color. Two pockets, collars, faced, neckbands, i Sixes 14V to if. MEN'S HEAVY WEIGHT flat Work HOSE 3 Pairo" . : Regular values 'Cac a pair. -You ahould .. taka advantage of this bargaia price. Colors gray, blue and white. In wool and woolmii. t ; v ? Each Customer We Make We Keep Low Prices and Quality Count ,. TICKLE TOE SHOES FOR THE BABY . : 31 .98 Made of high-grade kid and patent leather. Good leather soles. Clean cut and well made in most all colors. 8izes 2 to S. also all-hlaclc kid aod patent .with black kid tops. Sixes a to s. Other colors, sizes 5 to t, $2.39r - . WOMEN'S ONE-STRAP SLIPPERS AND JULIETS : $1.98 ' Comfortable Low Shoes for house wear. . Black. iu jioiieu wiin patent or kid tips, low rubber heels, and : black kid oae-strap Clipper with plain toe and low leather heels.