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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Dec. 1, 1921)
FIRST SECTION Pages I to 6 SEVENTY-FIRST YEAR Arbuckle's Fate Expected to Be In Hands of Jury Some Time; Tomorrow Come dian Jovial PERJURY CHARGE IS CAUSE OF SENSATION Feature Today Will Be Re V port from Commission Of Medical Experts SAN FRANCISCO, Not. 30. Both sides Tested today in the manslaughter trial of Roscoe C. i Fatty) Arbuckle, but the pros ecution reserved the right to question two physicians and in troduce other testimony and the defense . answered that it expect ed to rebut such new testimony. Prosecution counsel announced that It would conclude finally by noon tomorrow. It was gener ally understood that the final ar guments would begin with the calling .of the afternoon session. Arbuckle Is charged with hav ing caused the death of Miss Vir ginia Rappe. . May Reach Jury Friday Opposing counsel agreed upon four hours to each side for final argument. This would put the case in the Jury's hands some time Friday afternoon. . The announced ending of the testimony taking today saw a slackening of public Interest to . ward the case, although the court ' room and i adjoining corridors were thronged. The tenseness among counsel and spectators that had marked the period on Mon day -when Arbuckle was on the stand was absent, but threats of perjury prosecution against a certain defense witness fade to day's session more a matter of !);neral .curiosity than would hare been the case otherwise. Testimony , Corroborated , - The defense's efforts today Were shaped to some extent to ward answering this perjury charge. In defense of Mrs. Min nie Neighbors of Los Angeles who testified that she had seen Miss Rappe at a health resort in Ven tura county in August of this year, and who was made the sub ject of the charge as a result of her testimony,' the defense pro- t Continued on pare 5) j oi o i j i j p y y u JL ULJ U LIU U I HH H H N Ul UL.UIIUU III ACTOR S CASE BEGIN TODAY WARFARE RENEWAL APPEARS CERTAIN IN IRISH TROUBLE . LONDON, Nov. 30. (By. the Associated Press.) All government business is giving way to tie gravity of the Irish situation. V " ; Both -government and Irish-circles express the feeling that 'only a miracle can avert collapse of the conference and renewal of warfare. , f , v -v Council 'Deferred, II bad been intended to hold a. cabinet council tonight to con sider German 1 reparations, but this was postponed to permit the special cabinet committee, dealing with Irish affairs to assemble. Lord Birkenhead,' due to speak at a political meeting in Liverpool, was, obliged .to, stay in ) London. Ho sent a message of apology ex plaining that his absence was ow ing 'to' the -"grave public affairs. ,A spokesman of the Sinn Fein declared that there was no In tra tie n by the Sinn Fein to alter Its attitude itowards. either the unity of Ireland or allegiance to the crown. ; , t -u . - May Co to Wfcbimtm - Regarding the , suggestion that the' government will propose k a FOCH IS NOW. IN PORTLAND, ASKS RESPITE French Military Leader Pauses at Centralia to Salute Memory of Victims PORTLAND, Ore., Nov. 30. Marshal Foch's special train ar rived tonight from Puget sound. He was hurried to his hotel and by his request it was announced that he would meet no reception com mittees until tomorrow , morning when a full day's program awaits him. CENTRALIA, Wash., Nov. 30. For the first time since his visit to the United States the fighting spirit of Marshal Foch was arous ed this evening when he left bis special train here, passed the spot where four members of the Am erican legion were killed on Arm istice day, 1919 and then went to the city park, and, addressing thousands of people, declared that he there and then enlisted himself under the banner of tbe American legion "to do battle against anarchy and disorder." "I : knew the brave soldiers whom you sent to me from this eity, for X saw them in action in France," he said. "And I have come to this spot to Balute the memory of those, who having been spared by the horrors of war, re turned to fall under the bullets or assassins. "These men personify the spirit of patriotism and the spirit of self-sacrifice which lie at the base of the organization to which they belonged the Ameri can legion. And when I see this great organization applying in time of peace the same splendid traditions and principles which it applied so magnificently durine the war I give to it my complete support and sympathy; and i in scribe myself upon Its muster rolls, with all my soul for the bat tle against anarchv and disorder." HOTEL GUESTS ESCAPE SEATTLE, Wash., Nov. 30. Guests in a small downtown hoM here tonight escaped In their night clothes when fire gutted the building. No one was reported in jured. The building was partially destroyed. Damage was estimated at $12,000. TRAIN LS RELEASED BEND, Ore., Nov. 30. An Ore gon Trunk passenger train which had ben buried in snow and ice near Grieda, Ore.,-since November 19 was released today and was due here late tonight. Telegraphis communication with the outside world was restored today for thi first time since the storm. new scheme to Ulster, Sinn Fein delegates say they are not con cerned with It, and. refuso to share the government's responsibility for it. There was another session this evening of the British dele gates but nothing' was forthcom ing as a result of it. "Whatever the result, Mr. Lloyd George will go to Washington, one official said. It was stated at Sinn Fein headquarters that such a move by the premier would not be viewed with-patience or without suspic ion, for 4he reason tbat if Irish American support -was weakened, in consequence of the premier's visit, tho- Sinn Fein might be forced to modify its 'demand -on which H T eels now in . position J to persist.' JAPS PRESENT NAVAL CIAIS Proposal for 70 Percent Fleet Formally Placed Before Conference NATION BACKS POSITION Situation in Parley at Wash ington Assumes Extreme Seriousness WASHINGTON, Nov. 30. (By the Associated Press) Japan's proposal for a 70 per cent fleet as necessary to her national se curity instead of a 60 per cent fleet has been formally present ed to the United States and Great Britain. Baron Admiral Kato, senior Japanese delegate, has communicated it to Secretary Hughes and A. J. Balfour. It is said in Japanese quarters to have the full support of the Japanese cabinet and the diplo matic advisory council in Tokio. Situation Delicate American and British naval ex perts, standing together on Secre tary Hughes' 5-5-3 plan as the only one fair to all, regarded the' Japanese proposal as unaccepta ble. In the opinion of some Am erican delegates the situation is delicate, but not without hope that the Japanese ultimately will accept the original plan. The seriousness of the turn of affairs in the opinion of the Am ericans is that Japan is persisting in her request for a 10-10-7 ra tio, makes a stroke at the funda mental idea on which' .Secretary Hughes' proposal is based. Conference Purpose lOndangcred Japan's proposal, it was dis closed, was based on her estimate of necessity for national security. It was pointed out that if oonsid eration of national security were to be substituted for a continua tion fleets at reduced tonnage but in the same ratio as now exists, the whole basis of the conference would be upset. On the basis of national secur ity, it was said, neither the Unit ed States nor Great Britain would agree to the R0 per cent ratio, which the -Hughes' plan would al low to Japan. Americans in Conference Secretary Hughes and his three colleagues spent nearly three hours tonight debating the situa tion. Baron Kato's action swept away the deliberations of the ex perts considering American limi tation plans. They have had to do only with technical questions of tonnage estimates involved n the American proposal to limit fleets on the basis of existing rel ative strength in capital ships. Japan has now taken the matter out of that field. British in Accord British expert are in full ac cord that the 5-5-3 proposal is the only possible road to an agree ment that is fair to all. particu larly In view of the enormous dis proportion of the sacrifices in ships and money the United States has offered to undertake. The two powers are agreed also that previous efforts of the Jap anese to base their laim for 70 per cent on a calculation of ex isting strength which would in clude ships under construction, are not within the scope of the agreement. Coat Lines May oimt On a national security basis, the extent of American and Bri tish coast lines s" comparrd to Japanese, American and British Interests and obllgatiews in-ths Far East, as compared to Japan ese, the commercial enterprises o American and British: citizens over the world as compared to Japanese, would .have " to bo weighed, it was said. The com parison, it was added, would not admit of even a 4 per cent stat us for1 Japan. Experts of the'big three" na val powers agreed today that they could not reach1 an - accord on the basis of 'calculation to be used in measuring Japan's exist ing" relative naval strength. They j Continued on pag 6.) SALEM, OREGON, THURSDAY oJ ch oJ o it n cM r nY, J m J m U II IL II IVJI s i I I IvJI II I I IvJL II I Li I II s : : 1 " TOWNS CUT OFF AND NEW TERROR REIGNS ALBANY, Ore., Nov. 30. The Santiam river rose four feet during the past 12 hours and was again out of its banks, according to word received in Albany today. The recurring high water has cut Scio, Crabtree and Sanderson's bridge from Albany and the river was reported to be rising at the rate of six inches an hour. The melting of snows that have fallen since the last flood is ascribed as a cause or the new terror. It is also reported here that traffic between Lebanon and LaComb has become paralyzed by the rising water. Travel South Stopped . The state highway department reports the Santiam three feet deep over the detour established last week where the Pacific high way was washed out by the roar ing Santiam flood. Travel south over the highway is again impossi ble until the flood recedes. The river started to rise Tues day night, and at noon Wednesday it overflowed. Last night it was a flood too deep ancr loo' danger ous to ford. The state highway de partment asks that travelers going south cross the Willamette at Sa lem, and proceed by way of Drunks' Corners, Independence and Suver. The rise in the river had not been predicted, though there has been some effective rain Tip in the mountains to make it certain. The highway department announce.; that as soon as possible, it will relay the plank detour through the fields now inundated, and re store the highway for easy travel. The present interruption is not ex pected to be of longuration. Willamottc Seonis Safe Reports that the Willamette river was rising rapidly caused a deluge of telephone calls at Tho Statesman office last night by Salem and Marion county resi dents whose homes are in the PROSPEC T IS BRIGHT EXCELLENT Here is a ray of sunshine for the prune growers in the Willam ette valley who have played in pretty hard luck the past two years. The prune market is strong and indications are that the price will hold steadv or advance, ac cording to W. T. Jenks. manager of the Willamette Valley Prune association. During the past six or eight weeks the market has been dull in dried fruits, but of all, prunes hold the strongest position, Mr. Jenks says. Open Market in Prospect From California come advices that there will bo on hand Janu ary 1, 1922, about the same amount of prunes at last August 1. And this rather indicates that by June of next year tbe entiro crop will have been sold, leaving an entirely open market for tho 1322 crop. Prunes hold a favorable po sition in the market from the fol lowing causes: Tbe supplies of peaehes and apricots are short, and the quantity of canned fruits available is far below usual sup plies on hand. With these conditions and can ned fruits advancing in price, prunes are about the cheapest fruU available. All of which tends to show that there will be an early cleanup of the 1921 crop. And with no stocks left over, Mr. Jenks is inclined to feel that tho grower of prunes will fare favor able conditions next year. Close Attention Needed For this reason, he urges that prune orchards be given the best of attention. Orchard renditions are line, now. he says. It has been a favorable season so Tar, and irads -a.ro showing .strong. With the right kind of weather State MORNING, DECEMBER 1, 1921 M fl rfl M (& hangings at I ' . 1 1 ii I r rm.iiiit QUITS BANKS, areas anected ty recent nign water. Local river records do not con firm the reports, as reading ob tained last night are to the ef fect that the river is now near the 16-foot level. This is within a few inches of the average main tained by the river since the river receded from the 26-foot mark about 10 days ago. I ail road Damaged TORTLAND, Nov. 3 0. High water wl lch brought heavy drift wood down Eagle creek early to day swept out two spans of the 260-foot Eagle creek bridge of the Oregon-Washington Railroad & Navigation company, necessitat ing the detouring of trains over the Spokane, Portland & Seattle, running along the north banw of the Columbia river gorge. .Higher temperatures have hit the hills and mountains above the Columbia river V&orge and started a quick run-off of the heavy snow which covered the distrist last week. LA GRANDE. Or.. Nov. 30. Three hundred feet of track near Kamela. Or., on the Union Pacifk main lini, was smashed out to day. All through trains were be ing held. It -was said the tracks might be restored tonight. PRUNE MARKET during the blooming period there should be a fine crop next year. It is understood that but few prunes are left iu the hands of growers. The prune crop of 1921 is now estimated at about 25,000 of0 pounds for the northwest, against about 35,000,000 pounds for the year 1 920. The California Fruit News, the highest authority on fruits in the west, 'n a recent issue stated that the prune market was definitely " an upward movement and a firm and advancing market iu sight. Outlook Is Best With such conditions, Mr. Jenks says, growers are justified -n keeping prunf. orchards in the finest of condition, as not for years has there been such a fav orable outlook. Many growers outside the big organizations have-l sold their prunes and got their money. But taking everything into consideration, prospects look good for the prune grower next year. Tumble-Down Theater Owners Out on Bail NEW YORK, Nov. 30. Syl vester Rosenthal and Samuel Moskowitz, owners and contrac tors of the American theater in Brooklyn which collapsed yester day, hurrying nearly 50 work men, today were ordered held without bail when they were ar raigned on charges of man slaughter. Later, however. Supreme Court Justice Kelby granted a writ of habeas corpus and the pair wera released on $15,0.00 bail each. Search of the ruin continued, re sulting inJ the discovery of the seventh body. - Eighteen injured are in hospitals. UNDER DEBATE Sharp Issues Injected Into Disarmament Conference at Washington GOOD OFFICES ACCEPTED Balfour and Hughes Will Meet With Chinese and Japanese Today WASHINGTON. Nov. 30. Hv the Associated Press) Bringing with it some of the sharpest is sues of world diplomacy, the Shantung controversy took its place today at the arms confer ence. The result was an offer by the United States and Great Britain acepted by Japan and China lo as sume the role of friendly advisers in a new attempt to solve the pro blem and end the long and bitter debate. America Take Initiative The plan for an exercise of American and British "good offi ces" is understood to have orig inated with the American delega tion after it became apparent China had resolved to raise the question in the conference. Secretary Hughes and A. J. r.nl four, as hoSds of the American and British groups, will mret to morrow with the Japanese and Chinese to lay the basis for Ihe negotiations. The Chinese delegates an nounced tonight they ould go in to the discussions prepared to ac cept nothing less than uncondi tional withdrawal of the Japan ese claims in Shantung. It was assumed that the Japanese spokesman ould contend for the serervations insisted upon in th:; diplomatic exchange between To kio and Peking. Order Ins.t'd I'pon Advent of the Shantung ques tion at the council table,, follow ed a debate on the maintenance of foreign troops in China. Speak ing for Japan Vice Foreig-n Min ister Hanihara declared with drawal of the Japanese troops from several parts of China out Fide Shantung must nwait defin ite assurances that the Chinese authorities would take more ef fective steps to maintain order. At Hankow, said the Japanese delegate, repeated disorders bad justified Japan in keeping her troops where they are r.ow sta tioned. He declared garrisons in North China were remaining un der specific1 authorization of the Boxer protocol and that those along the Chinese Eastern railway were acting under the inter-allied agreement of 1919 Willingness of Japan to withdraw her troops I from Shantung, he assorted, as dependant on the establishment of an acceptable Chinese police force. Treaties May lie TlasU The conference postponed its decision until Friday. Among the American delegates the elief was that some general declaration of principle might lw adopted fi nally, petting forth the opinion of the powers that all foreign troops in China without treaty sanction should be withdrawn when con ditions arrant. Along Hh the general rubier t of foreign troops is the problem of foreign telegraph and radio fa cilities installed in China without her specific consent, with the ar gument apparently tending to ward a reference of that feature of the negotiations to a more gen eral conference on Pacifi? com munications to;be held next 'year. Japan i ItHurtant In its approach to the Shantung problem, the conference is aid to have been influenced by rmny 'ti tricate considerations. China's representatives have indicated they wanted the question raised openly for all of the nine nations to debate and 'one Chinese dele gate. Dr. Wang; declared that the "good offices" negotiations mean: that tbe subjec was "outside the conference." Japan has indicat ed reluctance to debate Shantung at the regular, conference ces- (Continued on page 5) WEATHERMAN FINDS MONTH VERY CLOUDY Unusual Weather Conditions During November, btit No Extreme Temperature When the weather observer in future years is looking through the government's records for a cloudy month, he will pause at November, 1921. For, according to the official observer at Salem, every day was a cloudy day. This means that taking the days en a whole, the sun wag out of sight more than it was shining. But while the month was clou dy and rainy, there were no ex treme temperatures. The highest was on November 6, with a max imum of 67 degrees. The low est temperature was during the early morning hours of November 9, when the mercury dropped to 22. The temperatures of the month are as follows: Date Min. Max, 1 56 35 2 49 39 3 49 40 4 ' f.4 42 5 67 46 6 G5 4S 7 61 V45 8 57 36 9 57 32 10 45 34 11 50 37 12 57 41 13 57 39 14 55 4 5 15 ; 52 3J 16 . 4 5 39 17 4 9 35 IK 4fi 35 19 53 41 2 0 5 5 41 ,21 CO 37 22 54 45 23 53 43 24 54 44 25 53 44 26 58 41 27 53 4 4 2S 50 37 29 57 40 30 58 4 9 FniMl Captain Loomis, Lieutenant Lanfall, Privates Tub bard and Smith Die LAWTON, Okla., Nov. 30. Four army aviators, two officers and two privates, were killed to day when two airplanes in which they were practicing combat duty, collided while at an altitude of 2000 feet, and crashed down a half mile east of Post Field, Fort Sill. Okla. The dead arc Captain Loomis, Lieut. A. T. Lanfall and Trlvates Tubbard and B. A. Smith. As the airplanes struck the earth their gasoline tanks ex ploded, enveloping the wreckage in flames. Ambulance attendants were unable to reach the bodies until after they had been charred beyond recognition. Aecording to officers the two machines had been in the air for some time when they attempted to execute a difficult maneuve". As thev swooned toward each (other their wings met and both airplanes fell in a helpless tan gle. Longshoreman Drives Car Into Willamette; is Dead PORTLAND, Nov. 3D. Ed Eo dine, a longshoreman, was drown ed early today when he drove his automobile into the Willamette river at Terminal No. 4. Police were not certain whether his brakes failed to work or whether in the darkness he mistook his position. Eodine's body was re covered late today by a diver. It was still in its place at the steering wheel of the car which lay in 40 feet of ater. WEATHER Thursday Tain; strong south west to west winds,: later backing to south. TWO SECTIONS 10 Pages PRICE : FIVE CENTS Attorneys for Convict Mother Appeal to Su; reme Court Challengir Capital Punishment La DAY IS MARKED BY j LEGAL MANOEVEF. New Date for Executions Fixed in Proclamation as February 2 k Jack Rathie and El vie I Kerby, alias Jim Owens, wi not be hanged at the star penitentiary Friday. j Governor Olcott last nigl granted to the two men, wl were implicated in the killir of Sheriff ..Til Taylor t Pendleton, a reprieve ; unt Friday, February 3, to gh the supreme court time 1 pass on a suit challenging tl constitutionality of the Or gon capital punishment law. "udge George G. Bingha: yesterday morning denied tl, application of attorneys ft Mrs. D. C. Kerby, mother the prisoner, for a writ c habeas corpus. The attorney then applied to the supren court for a writ of probab cause and late in the aftei! noon the supreme court n fused this, holding that j habeas corpus is a civil, not j criminal action, and that i writ of probable cause woul not apply. The writ , woul have served as a stay of ex cution for Kerby, and it wr presumed that the governd would then grant Rathie a rc prieve. :? -; It was a day of rapid leg; manaeuvering by- Attorney John C. Lane and Charles Ga: land, and their next move w: ' to appeal to the supren court from the Bingham d cision. Each legal move,wi' attended by deliberation ar careful scrutiny of the autho ities in the state law librar: As soon as the transcript c appeal had been filed Goven or Olcott was informed i asked to grant reprieves fc both Rathie and Owens. TJ governor called into confc ence Assistant Attorney Gei eral Wilis S. Moore, Chi Justice George. H. Burnet Secretary of State Kozer, ar Don II. Upjohn, private seer tary to ihe governor. Lat Attorneys Lane and Garlar were called in. The repriew were the outcome of the co ference. . -: Separate proclamations reprieve were issued for tl two men. They are identic; That for Kerby reads as ft "Whereas. ElvJe D. Kirby w; by tho circuit court of the sta of Oregon for the county of Ui atilla, convicted: of the crime murder in tbe ftTit degree and judgment thereon be has recei ed the sentence of death, by tl judge of said court, -on the 2 4 day of October, 191, and a ws rant in .execution thereof made the form and manner required I law, and therein appointing1 t 3rd day of 'December, 1921, as t' day on which said judgment d eath should be executed, 1. been made and signed by t judge of said court and attest by the clerk, with the seal of sa "WHEREAS,; the said Elvle i Kerby. . together with said w;i rant, vas duly delivered to II , , ' (Continued on page 3) U I IIJ lU I IIIUUlw ARE PUT DF!