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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (April 23, 1922)
THE OREGON- SUNDAY JOURNAL, PORTLAND, SUNDAY MORNING, APRIL 23, 1922. CHARGESJOIIIED; ; 1 FACES DEATH; ; ...... . V '.J V UIHtll Conviction and Death Sentence of Casey and Acquittal of Burns Anomaly in Murder Trial. ., . . , f, Tr mer boeom frlenda--'irere In dicted . JolnUjr .for the murder of J. H. 'back) Fhllllps, an O-W. R. ft N. special stent- They ' -were triad on evidence Inal was practically Identical. Tet one, ! Cutr, la waiting- to be led to the prison gallows some fray moraine and hanged by the ac jntll, be la dead;' ft.l! the other, Joh L. Burn, will walk out Into the world .again a free man a soon aa h disposes of a fed eral charge of tkeft-ef goods In inter-siate- commerce. I. . Puma waa foand not rulHy of the murder by a Jury in Circuit Judge 81a pistons department which returned ita verdict Thursday night at a o'clock. after being locked In the jury room alnca wenadajr morning at 10:10 o'clock. VOUAJI JUROR COLLArBES The Jury waa made up of seven women and five men. ail good and true, aworn lo do their duty. , They were unanimous in saying Duma waa not guilty. Yet c of the women collapsed! in a : Jury chair when she. entered the co art room. It waa learned that aha had' held out. to the very last for conviction. Flva' of .the II voted guilty at one time daring in discussion in the jury room, accord Ina to statements of Jurors law. XJut Casey waa found guilty and Borne net- runty. What la to be the result T Charlea Uarlaad, attorney for tha moo In murdererr row. lara there la a law wfeich provides that where two men are Jointly indicted on a conspiracy charge and ae la found not guilty, tha other cannot be found guilty. Ha declares ha will fit In tha circuit and tha supreme emirt a motions asking that Casey be freed an tha grounds of this Interpreta tion of tha statutes, isscb is TAkm' ';"."'..: District Attorney Myers denies there Is any law that cans be ao interoreted. He declares, the only, hope for Casey at una lata hmr la ' executive clemency, tnat la. the governor may commute hi sentence to life in the penitentiary, Caeey and Burns came to Fortland from Idaho mors than a yea ago, Casey arrived first. Bums being In Jail In Idaho at the time n a booUegglng charge. Both were engaged In the al chohot Industry In Jdaho, they admitted vurwg ue course -Of ttieir trials. Casey, who la a alncle man. lived with the Bomsei at their rooming house at No. 12H Russell street Both ere former railroad men. but neither Jnre I nded to work on anv of the rnuii htr They had no visible means of support except the rooming fiouse. On ths ntght of June 14. Special Agents Fhllllps and Schneider were aent to the a bottom yards of the O.-W. R. . to search a freight train. Boxcar thieves had been , giving considerable trouble and the company waa determined to make relentless war upon them.- The two offlcera got off the cabooae of the irajn aoout ju o ciock and atarted north toward i t hat . . 1 1 1 . ' . w.iu, rnuuM on ine rin ! ana Ncnneider on the left 4 Harry I'atlereon.f a laborer ion the yim, - waa at this moment seated on the eftge of. flatcar about eight cars from the rear.. As he sat there two men. whom he afterwards testified he be lieved to be Casey and Bums, passed itiim on the right side of the car. They " ixrwara. xne night fairly dark, he said, but not so dark tut what be could see them distinctly. A couple of minutes later Phillips .eased on the same side as the. two men. also going forward along the train. Schneider, shortly afterwards, passed on the left aide of the trsin. -: .- Suddenly shots rang out. When Schel der. Patterson . and Conductor Murphy srrtved on the- right hand side of the 12th car they found I Phillips lying In tie Own blood., Schneider got a glimpse of two men disappearing toward the erglne end of. the train. They answered tte description of Casey and Burna, ac cording to - hla testimony ; during the trials.' j w", tS " . PhUnps died on Ills way to the faospl tall . ; '-vi ,? -vV. ' CASEY, BClfef S AXKESTZB HMfi, Three days later police ahif deputy i sheriffs, acting on Information (hey had gathered, swooped down on-the rooming house at No. 12V Russell street. . They found Burns in the house and Casey, with a wound In bis right wrist, under Burns bed. : Casey ieuld not satisfac torily erplain the wound. . There waa a bloody -coat hanging in a barrel and blood on the stairs and on articles found In the back yard. Two. .38 caliber re volvers were found, one under Burns pillow and one In a storeroom, wrapped In 'a newspaper dated June' 14, the day of the killing. . J. '.: f..,, ,.r A. Bob- Craddoekv gun expert.' testified at the trial that the gun, under Burns pillow fired the bullets taken from Phil Hps body. Peculiar marks made by the bore of the gun identified the bullets, he said. . , -. , ... : While in the Multnomah, county Jail Burna wrote a letter to Caaey, sending it by a trusty. In which, he detailed the alibi they were to set up in . the trial. Chief Jailer Jackson; Intercepted the let ter. Casey, however, stuck to this alibi. But tt-flld not convince the second Jury that tried nltn. The first Jury disagreed. but the second Jury found him guilty thou t a- recommend tkwi of leniency and he waa sentenced to be hanged. TRIES. THREE TIMES 'ji With Casey disposed of. Burns "then came on for trial. Three times the state fought the case through the circuit court Un the third trial, which - ended, last week. Burns waa -acquitted.' 3 -,--4 Caeey Is feet K In his fttocklne; feet He has a red 'face, he chews arum in cessantly and tries to give the Impres sion tnat be Is very "hard." 'He does not have a personality that -would ap peal to mercy of a Jury. ; , " - -Burns,. on ths other hand; haa a pale race. He Is rather slender and a little taller than the average man. He is poute, and his voice tends to be caress ing. He gave the Impression of modesty. wnere utaey arrected bravado.-Further. more, : by Burna aide , throughout the trials, sat his rood looking; wife -with uneir oaoy in ner arms, cooing. Mrs. Burna aat by Casey when he on trial also, but that did not awaken the Jurors to sympathy. ' Instead the state had Slipped them the information that Mrs. Burna and Cawe were in the same rooming bouse la Portland before Bums got out of Jail and came to Join tnem. . ' , . , But, after all. the simple, fact remains that Casey waits for the rope - to end hla life, while Burns Is about to step out 01 tne prison doors to freedom. BUREAU SHAKE-UP MAY RESULT FROM YOUHG ACQUITTAL! CommissionerBtgelow : Vows He . Will Go to Bottom of. Charges t to See Whose Causing Foment Sherwood Districts Approve Union Plan Sherwood. April t2.WH!" a majority of more than 200 in a total vote of ap proximately COO, thai TJniorr high school project for seven districts surrounding Sherwood was carried this afternoon, $30,000 bond issue for a neat schoolhouse for the union district, to be located here, was also approved. 3 The vote waa ex ceptloxally heavy, M , ; iitebi'ioses foot rt -:'r Baker. April 22. John Dundabbfn. em ploye of E. at B. mine, near Bourne, for It years, lost his left foot It tvas ampu tated aa result of injuries due to a rock waa falling on it -while he waa at work, That the acquittal of Fire Chief John E. Young of the charges preferred against him by A. 1 Pullen, a. lieutenant of the tire ' marshal's office, has not cloaed the incident, waa the statement made by Commissioner C . A, Bigelow Saturday. " - f -A complete ' investigation Of the fire bureau will follow to rid it ct the "poison," the commissioner said. "I have the testimony given at the trial in complete form,"! he said. t will go over this thoroughly and base my in-1 vesti rations i of the bureau; on what I consider discrepancies In the statements made by the various witnesses. Some of it I know is untrue and that will be ferreted out andc reasons will be de manded.! . . i-; . . ..r . -. ., ' XATOK CITES TIEWS - ' : : Mayor Baker expressed similar senti ments when he said the affair was but a beginning. - The investigation, he said, should go right down the line and sum mary action taken 00 those found at fault:; - ' ... j; . r--. '.r' - ). Chief Young was acquitted of the charges of Immorality, intoxication and Inefficiency jet the hearing Saturday morning. In making his findings Blge- lcnv the reviewing ; officer, said the charges . had not been proved or sub stantiated, . - & . v'? -An attempt on the part of the com plainant. represented by attorneys A. F. Flegel and Milton R. Klepper, to Introduce new witnesses was stopped by the commissioner. ? - x, 1 Tou have been given ample time to aubpena your witnesses,', he said. "That you have not done ao ia no fault of this tribunal nor will you be allowed, to drag it out any further." TO STUDY SITtTATIOJT In commenting on the. 'nature of the investigation and possible action follow ing it Commissioner Bigelow said he had outlined no plan of action." Any changes or dismissals, he said, will be premised on his careful study of the situation and nothing definite will be announced until a conclusion believed to be for the best Interests of the bureau has been arrived at i. "- ' ;.".."'. During the hearing it was developed that the charges had., been worked up by Pullen, who was assisted by Kred B. Day, a captain of the fire marshal's of fice. ; Fire Marshal Edward Grenfell denied having anything to do with the case, but unaer cross xamin.uon ad mitted that he and Day had interviewed U A. Wilkinson, a waiter at Bab's res taurant. ' 1 1 - ' " CAJftPBELL TS UMKLIGHT ?; . ' Wallace i HcCamant, attorney for Young, made the charge during his cloa ing argument Saturday, that Ed "Camp bell, manager of the local' Stuta Fire Equipment company branch, was instru mental in Jiaving the charges preferred because of personal dislike for the chief. McQamant called attention .to , the; fact that lawyers : do not work; or nothing these days, and that some one must be foot&fg the bill tot the complainant's counseL - '. -,r.i-; ?' i & ; .. . - He brought out the fact that Camp bell had called Bigelow in July to tell him of a party in which the chief was supposed to take part This. McCamant 1 said, might furnish a clew - aa to the real source of the- charges. ?TB,Bll,l,llll,lll,ll,'llllll We Clve "Tour " Favorite Orf anisation f Contest" Votes VseaBaTsTaa?ge-v' (" We' Give "Tour Favorite - Organization Contest" Votes 4 - a HENRY J. DITTER. Mc. 1 V I Sij? mm ) - -JI ' . . 5 .'- : . x i JUL i , . ' 2'. a ' ' '" ' 1 i 11 iZ : :.fi me , No other dress sale approaches . the stunning values presented in this, our greatest $10 dress offer ing. Comparison of its fashions 5 and qualities ' will substantiate such a deliberate statement Tliere are 84 in the lot. Crepe de chine, taffeta, Poiret twiU, krepe knit and mignon-- ' eue. Loiors senna. Chinese blue, lavpnrlr liioi rmi .nn'Mt i 4.n -V brown and combinaUons. . - ' f ! VALUES TO $25 ; , . ' Sizes 16 to 44 i ; Dropttltch Mignonette Drews, Sixes 36 to S2, $19.75 $1000.00 To Your Favorite Onranixalion . . Costs Nothing to Eater , Costs Nothing to Win ' Simply collect votes i '. given by Greater Port- . ' land Association firms that are participat ing in the con- . test. One vote for every . ten cent purchase. V. . .... Zretl-r. I. ri.'.iJ J yr- - . Y V .X - ; i - - fci tw-t? . 1 - I lL.4 m aVl I . al ., .- 1- - ,. , ., , tt- I t v - -r mL" " JTZ-. T rv feafeiM:, .Your - mafiS; i - j .1. I Special Exhibit and Sale : o . " . - . - awes TO r 1 c u m jm - . - awaa , The name "wicfcer'.is one that embraces the .three different, varieties of this wonderfully popular type :. of furniture reed, fjbre, and willow- In these three . kinds of wicker furniture it is possible ttf-find the " exact piece or grouping of pieces which wfil add: a', touch of beauty and comfort to your home, which can be had" in n 0-0 th e r kind of furnishings. $12.50 ivory fibre fern boxes S 9 0 $31.00 ivory urillow cretonne cushioned willow QCI 7K. " arm chairs at .-s. ........... ( ulltt I O , $42.75 coppered fibre chair or Jrocker in bine tQO rTff v velour' : . J ; .DOiWe I D ' $49.75 ivory reed davenport tables .-'-'CQl Kf " at wceW $42.50 ivory reed gate leg tables ' S3X 75 $49.75 ivory reed floor lamps S36 25 ' $41.50 frosted brown oval top tables at l...?"1!! $26.75: S22.75 $29.75 $36.00 ivory willow desks . ' (lOO r7ET - at : b6Li.4D $39.50 ivory willow vchair or rocker-- at . .. 521.50 i'SLdcKerivs ;:" In Tapestry or Gretohne;3 Comfortable arm rockers with spring seats, t tapestry or cretonne uphol stered and finished frosted brown or fumeiaS Suitable for either fivihg jooni;br porch.use. a - . ' To the hundreds of folks who have been depriving themselves of this type of furniture,, this announce- ment will prove ood news indeed, foe it means that one can again own and enjoy this attractive and in- -.expensive living room furniture at prices particularly low. Lome in and take advantage, of the .values in ; ViJo waaVa'trwisl solo . - " this week's special sale. $84.75 frosted brown fibre settee ia v i ' QfT Cf cretonne . . . . . . .... . . ;.. . . . . . . T. o31uU . $14.75" frosted brown or -ivory .wUlow chairs (? f TPC " $23.50 frosted brown r fibre jround, top table Q" rj QC - .at. . . . . k . .'. .' .' .'. .f....; 2 i . . . ......- O. I tOJ . . : $580 ivory fibre corner' desk - . - -. ; QOQ f7K - ' ' $31.00' frosted brown fibrf tretonni cushioned QOQ Hf" '.- rocker . .. . . T. eDawOe 4 O " ; $58.75 frosted brown fibre floor . ; , . S43 50 33.50 frosted brown fibre ' -' COO HIZ. " tables .i. .... ........ &tUlt) $330 ivory -willow fern box '; - QQ - . txtvh fmafrl hmwn fitfr .: 'Srt M sr desk. ................;...:V..v....v..'..... The New Victor .Console r - v'- e " 4 t 5 $115.00 r r " , V . $5.00 Cash$2.00 a Weelr "Nolnteresf - This new . console model is another ' Victor triumph and is one of the most attractive machines ever produced. They are entirely new and made to fit every home and every purse. " . Other models at $160.00, $200.00 and $250.00. , ' - . - r Choose Your i New Gamage Here; A Small Deposit Delivers It The new and lower prices on baby carriages should certainly be good news ;-for mothers who desire for the baby the handsomest carriage-on the. street. There are many f rich, new color effects in the'attractive models offered in" ... ourshowing. " , - , - ; A special reed h o o d sulky, that folds; con- . 11 a -.a' Reed sulky with hood.' sulky, that folds, con- ' comfortable springs, C A OCT veniently.and with very I00 y folding, special fDJLOO. roomy body at.. OaWaWe I J . . - Lloyd loom woven car- UV B1 genuine : . ;-, riagesMn a splendid eOQ 7K wed in ivory. ... - .new body desien at SaJ.75 "J?7 n?me1' coV ' . ' . Genuine reed, carriage, . - J'1'" rew"'"iei S4t.f corduroy:' lining and v curtains, roll reed QQQ Kf $37.75 small reed car- QQ rjff !; hood, special at. . . .. tj)Oa7etlU, ; riage in ivory; special uwee I O A Sale of HI 1 er Furniture - ; Offering Over 200 ' - ' Pieces at Big ; . : ; ' : Reduction in Price V kr- : ' Beds, dressers; chiffoniers," dressing tables in walnut, ivory or mahogany finishes carry special price tags ,this. week which show splendid reductions. - . .. . If you have an odd piece to buy for your chamber, you can save,' and save largely, on your purchase. . V '. ' - ' :.. Sk ?. x prap 9x12 Extra Heavy - ; Wool waton ; Rugs $10.00 Cash-$8.00 a Month ' ' s v - - These rugs range in price from $85.00 to did new patterns for. selection. The de- . ' 35-incft Pl4" nks in blue,, rose, yel- Q -signs, are new, the color combinations are v low, gold or lavender, special, yard UC The use of nroDeif dnoeries is now reorxr ' nized more than ever as an-absolutely es - sential feature of properly furnishing the - home.-"The entire color harmony of the .: -,i .om ia" dependent -largely upon the .dra r peries, and these must be selected with care. 65c .Madras in cream' with rose, fTQ n : - pink, blue and yellow designs, yard OOC er y- Materials,' new, and the rugs the best we have offered at these prices. Axminstef Runs $45.00 Particularly good rugs at this price Tour choice of 12" new 'patterns in "wonderful colorings and combinations. ' 50-mch plain Sundours for liv- Q Q ' ing room drapes, special, yard OC 1 SVlflT?. aKinD-i .m, ea. 'VV''11 LL -an