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