SEVENTY-FIFTH YEAR
SALEM; OREGON; TUESDAY MORNING, OCTOBER 20, 1925
m 49 f J -ji
PRICE FIVE CENTS
is
PASSENGERS ON BURNED
PURS FOR TAX CUT
HEILIG ELECTRIC SIGN i
PROHIBITION UPHELD IN
TOM MURRAY FLINCHES i
CONSPIRACY HELD
VESSEL CRITICIZE CREW
BONE 0F CONTENTION
LLOYD GEORGE ADDRESS
AS SENTENCE IS READ
SECIEO Bllffl
OFF
COIICTS' CK
DRUNKEN NEGROES THREW
CITY . COUNCILMEN WAX
n
AMERICAN '1 STAND FAVORED
DESPERADO WILL HANG ON
nrum
no mm
PEOPLE FROM BOATS, SAID-
BY FORMER PREMIER
DECEMBER 18 FOR MURDER
WRATH Y OYER ERECTION t
i - ' .1 . '
Associated ChaVities " Seeking
Evangelist Says No Man Can
Ride to Whitehouse on
Light Wine Ticket ; .
CHURCH IS TOO SMALL
Standing Room Gone an Hour Be-
- fore Sermon Begins; "Ma" Sun
: ; day Speaks While Govern
. or Pierce Presides i .
"I'm going to live long enough
to see America so dry that you will
hare to prime a man before he can
spit!" was the prophesy made by
'Billy Sunday, world famous eyan
gelist. In his address at the First
Methodist church of this' city Mon
day morning. . Mr. Sunday declar
, ed Limselt as being absolutely in
layor of prohibition, declaring:
- "No man , can ride into the
whitehouse on a light wines and
beer ticket. Al Smith of New
' York has no chance." He further
added that "the man who buys
v moonshine is Just as low dawn as
the man he buys it from." Touch
ing on the present fight between
the fundamentalists and the mod
ernists, Billy Sunday declared: '
"If you and your chop-whisker-
'ed professors want to belicTe in
evolutfon, takeyour monkey-tailed
ancestors and go to the devil,
' but don't get in my way, because
I don't belieTe in it!" J
si Mr. Sunday believes that God is
important enough to receive as
much respect as anybody else, and
"believes that it is no virtue In any
one to dress like a tramp; in the
name ' of the Lord. In fact he
said: Wi VVi-iT
"There are. a lot.of people who
would go to heaven if .they, would
. go to the barbershop more often.
Some people believe , that if they
dress like a hog in a rummage
sale they will get to heaven, but
God Is no fool! And girls,! if you
- want to nse a lip etick, or bob
--jour hah-, go to lCifa yoxtntalrT'
anyway. There is no moral aues
tion Involved." r r.' J?
Mr. Sunday s declared himself
out of patience with the preachers
of the land that haggle over the
Question of the divinity I of the
Bible. r . . ,'...;.; .; .
"If " God could . convert '. the
preachers of the' land, we would
, have a great revival," he said. "At
the present time there is more re-
, Hgion in the pews than there is in
i, the pulpits! Man can not, make
. Bin, he can only make laws. So
If the Bible is not inspired by God,
then there is !; not a sinner on
earth!" " .' - - - . j
i There Is something over and
above any thing that can! be ex
pressed in words, and that is in
the heart. said Mr.' Sunday. "You
can go ahead and get your educa
tion and your fame and your
wealth, but you will find they
v "won't lift you : one inch 1 toward
heaven. - ..., : j ' ;
"You can dot every hill top in
America with, schools, put a col-'
lege in every town, but America
' "will sink Into Hell unless her pur
' ity of heart keeps pace with her
brilliancy." To back this up, he
cited the case of various infidel
poets who have been brilliant,' but
have ended In disaster to them
selves because of their "need for
a saviour." I ..
' "If the present ratio of insanity
keeps pace with the present In
crease of population," he declared,
'in 210 years every one on earth
be 'bughouse! f f "
There are two Indispensable in
' stitutions on this earth, according
; to Billy Sunday, and these are the
-church and the schools The latter
, can exist -by tax assessment, but
the church has to thrive solely on
' man's generosity, as far as fiuan-
(Continued oa pt 2)
PLAN ARMISTICE DAY
AMERICAN LEGION GETTING
HEADY FOR EVENT
Plans for the observance of i
Armistice Day, Wednesday, No-j
vember 11, were,' outlined at a
meeting of Capital Post' No. 9.
American Legion. last night. Lyle j
Dunsmore was named chairman of
the general program committee,
including speaker and L parade,
while Biddy Bishop will again
head the dance committee.
Announcement was made that
the Fraternal Temple association, !
composed : of fraternal " orders
which took over the old Elks
temple; had : issued a. general
"open house" to American Legion
members at all times and that
"they were always welcome.
The 8llrer loving cupi Fon by
the drum and bugle corps at
PrinevlUe.. was. placed ia the tro-
r hv case. A report of the nation -
al convention at Omaha was giren
by Carl Gabrielson. The drum
"t-orrn will meta at the Armory! that many women had taken np
I Intoxicated Members of Crew De
clared to Have Stampeded .
On Ship
NEW YORK, Oct. 19.(By As
sociated Press.) -The New York i
7iVnrr
neero crew of the Clyde uner
Comanche which burned, off the
coast of Florida stampeded madly-
before the flames, pulled pas
sengers out or life boats and pre
cipitated men and women into the
sea, according to stories of 30 sur
vivors who reached here tonight.
Almost unanimous in their con
demnations of the behavior of the
Comanche's crew, the s passengers
praised the coolness and courage
of the officres and crew of the
auxiliary schooner Meta, one of
three rescue -vessels. - j?
Irvin ? Gomez ! of Worcester,
Mass., charged that the negro sea
men were drunk and that when
the fire started they could not be
controlled by the officers.
. - The . negro crew, intoxicated
and mad, rushed back and forth
on the deck,' he said.. "As soon
as tbejtarpauKn had been cut off
& life boat, they would jump in.
Passengers trying to get into the
boats were yanked out by negroes.
"I finally got into a boat but
when it , had been partly lowered,
the apparatus jammed and. some
of us were thrown headlong into
the water." ,.-
Thomas M. Fanning of New
York said:
, "The crew was of no assistance.
Passengers had to cut the tarpau
lins from the tops of the boats and
as fast as they did members of the
crew pushed in front, taking bag-1
gage with7 them. The crew was!
out of control. It was entirely the
work of the passengers that saved
both themselves and the crew." ;
As Leon Flagstone of Gardner,
Mass., tried to get into the last
lifeboat, he was pushed out by
members of the crew, he said. He
jumped overboard and swam until
he was picked up.
The -charge that the crew- wa
drunk was made also by James A.
Moore of St Petersburg. Fla-. who
Bald:, ..y . 'fx :
"Members of the crew - were
largely responsible for the con
fusion. 'They pushed and pulled
and stampeded like wild men. I
was thrown out by some of them
when I tried to got into a lite
boat." , . 1
THREE AVIATORS KILLED
ARMY FLIERS MEET DEATH
WHEN ENGINE FAILS
- CAPE MAY COURT HOUSEN.
J., Oct. 19. IBy Associated
Press.) Three United States
army aviators fell to their death
near here' today when the Martin
bombing plane in which they were
flying from Mitchel Field, N. Y.,
to Langley field, Va., crashed into
the meadows after one of the two
Liberty motors on the ship ap
parently, went bad.
The men killed were: '
' Captain Robert A. Kinloch,
Charles, S. C.
Lieutenant Abbott C. Martin,
Reading, Mass., the pilot.
Staff Sergeant Joseph Coulston,
Norristown, Peun.
Each aviator had a parachute
strapped to his body, but the drop
was so short as to preclude their
resorting to them and they were
crushed by the heavy motors.
"' The big plane was first' seen to
be in trouble while flying over
Wild wood on the coast. , It then
turned inland and when over Ben
ny's landing, near here, wavered
and - made a r nose ' dive , into the
woods. . :
The men were dead when
reached by observers who saw the
fall. ?
BRIDAL PARTY: IS SOUGHT
CHECK HOLDERS LOOKING
FOR PENMAN BRIDEGROOM
TACOMA; Oct. 19. Aiminlster, !
a taxicab driyer.a . hotel keeper, i
the county marriage license clerk
and Hhe police are today looking
for a bride and groom who gave
their names as L. E. Dalley and j
Eva .Wheeler of Seattle, when
they applied here on October 10
for a license to. wed. The police
hold a warrant - for Mr. Bailey's
arrest. and the four others hold
checks which they declare are
worthless. "
FAIR ONES SIAY PUFF
SAN DIEGO. Cal., Oct. 19.
(By Associated Press). The San
Diego city "council decided at a
conference today i to ; set v aside
smoking rooms for women as well
1 as men in public dance halls. The
step was taken on the advice of
I Police Judge Chambers, who said
Secretary Suggests Maxi
mum Rate of Surtax In
come Tax Be Cut
AUTO TAXES CONSIDERED
Revenue on Tires Reduced; No
Cliange Is Made Relative to
Tax on Passenger
Automobiles
WASHINGTON, Oct. 19. (By
Associated Press). -A tax revision
program contemplating a reduc
tion of the maximum surtax in
come tax rate by one half and of
the,, normal income levies by ap
proximately one fourth was pro
posed to congress today by Secre
tary Mellon,
These w!th other changes which
were suggested at,the opening of
hearings on., new revenue legisla
tion ty the house ways and means
committee, bring about a perman
edt reduction of about $290,000,
000 in the nation's tax bill. The
treasury secretary warned that it
would not be advisable to go be
yond SSOOOOO.OOO in making re
ductiona on the present outlook
for the next two years.
Other proposals were:
- Repeal of the estate tax, reduc
ing the revenue by $100,000,000
annually. "
Repeal of the tax on automobile
trucks, tires and accessories, cut
ting of S35.000.000 annually.
Repeal of the gift and a num
ber, of m i scellaneous taxes such
as the one on works of art brought
from abroad.
Repeal of the publicity section
of the income tax law.
The new maximum surtax rate
proposed -was twenty - per cent,
whichv would apply on incomes in
excess of $1 50,000. This compares
with the. present rate of forty per
cent- Effective at $200,000. 1
'The new normal rates would be
tone and one" hair per cent ori In
comes up to $4,000 Instead of two
per cent, three in place of four per
cent on incomes between $4,000
and $S,000, and five in place of
six "v per cent on incomes above:
$8,000.
Secretary Mellon personally pre-j
sented his suggestions to the com-i
mittee. 'He was questioned atj
some length by its members and
agreed with several that the capi4
tat stock tax of one and one hall
cent on corporations could be
repealed ana ine corporauwn iu
come tax of 12 per cent in
creased by this figure without
any hardships. . f
While voicing dissatisfaction
with the operation-ot the present
law, allowing a reduction on
earned incomes up to $10, 000, the
eecretary made no specific sugges
tion for its repeal
Replying to questions on that
fContintiei! m t
I r . . : 'x t I i i
M mmi av: t:
Home; Routine Matters Oc-
copy Much Time
Remonstrance' ! "against. V .the
Heillg theater management, .for
erecting their electric sign on the
corner of Court and High without
the' permission of the light com
mittee was , voiced at the meeting
of the city council last night i by
Alderman Fred ' A. Williams. He
suid that the sign weighs a ton
and- a' half, ' or "more ' than'' the
weight of an ordinary automobile,
and that tlje committee, of which
he is chairman, have not yet had
an opportunity to see whether or
net the sign is safely' suspended.
He declared that he knows the
city would have the moral re
sponsibility in case of a disaster t'
and is satisfied that it would have
as well the legal responsibility. He
asserted that the sign had been
placed up without the permission
pt the sign committee.
I He also declared that the In
ferior; of the theater hag" not yet
inet with the approval of the state
jFire marshal, ' The show has been
playing to crowded houses, yet;
he said, the exits are deficient. U&
added that he does not blame the
owners of the building, which he
has learned to be the Salem
Amusement company, but only the
management.
In Alderman Hal Patton's opin
ion, the theater should not be al-.
lowed to operate unless it com
plies with the law. Mayor Giesy,
in commenting on the issue, said
that at. the last council meeting
the license to place up the sign
was referred to the committee on
signs with power to act, yet the
sign was put Up before it was ap
proved. The Question is." 'said' the
mayor, "is thecity to run its af
fairs, or Is some corporation?" He
asserted that he would entertain a
motion for the company to' be
prosecuted by, the city attorney,'
(Contimie4 on pm 8)
LEPROSY CASE IS FOUND
CHINESE VEGETABLE DEALER
HAS ADVANCED CASE
VANCOUVER. B. C. Oct. 19.
(By Associated Press) A Chinese
vegetable vendor afflicted with
leprosy has been1 discovered at
South Wellington" on Vancouver
Island, it was learned here today
Chinese lumber camps on the is
land are being investigated . for
possible other cases. . ' -v
; The leper was! found .when a
boy was warned by another Chi
nese not to touch the vegetable
dealer because he was a ."sick
man," - The lad's, mother reported
the incidentr to the provincial - po
lice and the Chlneswas examined
by Provincial Medical Officer Mc
Phee who pronounced .he case -to
be in an advanced stage.
THEY RE ALLY DID!
I IWlSHTHEieE 7 I J I
A " WEftE MOftE' .
7V7 iNTUFCLASS o I I
England Should Investigate Ex
periment, Former Prime
. Minister Declares '
' LONDON, Oct. 19. (By Asso
ciated Press). I) a rid Lloyd
George, former prime minister,
had some favorable words to say
tonight of the prohibition law In
the United States. He spoke at
the city temple on "the responsi
bilities of free churchmen."
Alluding to the church's respon
sibilities on the drink question, he
said;
"Do not let us try to cure eter
nal problems with an ' external
plaster of words. Prohibition is
an experiment we ought to Inves
tigate." Despite unemployment
and diverse trade he asserted that
England spent last year 316,000,
000' pounds sterling on alcoholic
liquors.
Then referring to the United
States he continued: '
"It is no use indulging in slap
dash condemnation of America.
Not only have Americans carried
prohibition, but no political party
iu America can now dare propose
p.bolition of prohibition. As poli
ticians the Americans beat us at
every turn."
It has been suggested that pro
hibition in America was the craze
of cranks, but when he went to
America he found this entirely un
true ; he never met a man who
would vote for the re-establish
ment of the saloon. So far as
public opinion in America was
concerned, the beer house was a
thing of the past.
Detailing' various advantages
which he attributed to America's
becoming dry, Mr. Lloyd George
jepeated: "
"It Is an experiment we ought
to investigate. Do not condemn
haphazardly. One hundred and
ten millions of people do not con
tinue to, make fools of themselves
for long. They are the most pros
perous people under the sun, not
because i they have the gold, but
Jj)ecause theyiiave not the drink."
The former premier pointed to
Canada where, he remarked, It
was', suggested prohibition had
been less successful, and conclud
ed , by recalling. Lincoln's looking
forward to the time when there
would be no slavery and no drink.
"He got rid of slavery," ex
claimed Mr. Lloyd George, "and
eixty years later the people are on
the high road to accomplish the
second of his ideals." ? "I
GOLD CARGO ISt CARRIED
STEAMER FROM AIVSKA HAS
LARGE SUM OK BULLION
SEWARDJ Alaska, Oct. 19.
The steamship Victoria, which ar
rived here today from Nome en
route to : Seattle , A , carrying a
quarter of a mjllion. dollars worth
of gold bullion! The vessel Is re
turning from her last' trip of the
season to the far north "
at London
Amity Is
on December 1;
Guaranteed
TREATY SAID PROMISING
smI
Delegates Declare s Move Is First
1 Rral Step Toward Preven
' tion of Future Continen
tal War
LONDON, Oct. 10 (By The
Associated Press.) jThe fruit of
the . Locarno eecurity conference
was put ori display tonight for all
the world to see, whejn seven treat
ies, which comprise Europe's new
est and most promising preventa
tive of .war were made public in
the various capitals.!
The first and foremost of the
agreements is ' the Security pact,
or the treaty of mutual guarantee.
guaranteeing the inviolability of
the frontiers between Germany
and Belgium and Germany and
France as fixed -by treaty of Ver
sailles. It will be signed at Lon-
don December 1, ind assuming
that all the signatory governments
rauiy me paci, u w,iu Become ei-
fective when Germiny Joints the
league of nations. !
By the treaty Germany on her
side undertakes never to trespass
upon the soil of France or Bel
gium or make any wariiKe ges
tures In the demilitarized Rhine-
land area. 1 . i
On their side France and Bel
gium promise not to violate Ger
many's western frontier. Should
either party violate: the agreement
set forth, the pact provides that
Great Britain and ; Italy shall go
to the aid of the aggrieved party,
whether it be Germany, France of
Belgium. 1
The powers' iparties to the pact
agree to submit ail their future
disputes to judicial jtreatment with
Lhe ouncil o. the league acting
as a qourt. The whole plan Is to
work under the ., aegis of; the
league; it is for. this reason that
the treaties 'do not become oper
ative until Germany is a member
of that organization.
Of the other six treaties j that
have come out of the Locarno con
versations. Germany Is signatory
,o, one each wit n France, Belgium,
Poland and
Czecho-Slovakla;
these four are.
identical; Germany
agrees with each of her four neigh-
bors to set p-;peaceful machinery
to settle any disputes she may
have with any lot them that do not
yield to ordinary diplomatic treat
ment. These j neighbors of; Ger
many agree to submit any; dis
putes they may have with ! Ger
many to an arbitral tribunal or
ganized under jThe Hague conven
tions of 1907, br to the permanent
court of international justice.
But, -according to these treaties,
before the parties resort to either
of these two means of adjudging
I their difficulties they may by an
agreement submit their dispute to
a permanent conciliation commis
sion of five members, one from
j Germany, one: from the other par
ty to me ireaiy ana mree loreign-
ers selected by the first two ap
nnintBP.s. These commissioner!
will hold office for three years
and will have 'six months in which
to decide any dispute. If j their
:i -- j-
( Continued on pg 2) .
TRAFFIC COURT SOUGHT
" t j . - r
I SPECIAL DEPARTMENT IN SE-
ATTLE IS SUGGESTED
SEATTLE, Oct 19. ( By j Asso
ciated Press.) Police Chief Sev-
eryns in advocating . loaay a spe
olal traffic court for Seattle; sale
fifty, per cent of the arrests a
for violating; traffic .ordinances.'
"Last yeaf . tWre ?,were 14.12:
traffic cases and campaigns beinf
I conducted Till result in . a I mucl
larger percentage of traffic ar
rests," he , continued. A specia.
court, is needed; ;
LINER
USED! AS SHIELD
--i ;--t'-
iv. la"'
TOWERING SIDE OF SHIP
NEW YORK,! Oct. ". 19 (Bj
Associated Pressi)- Machine gut
I bullets whizted about the team
ship Leviathan today as sbe an
chored in quarantine during the
i chase of a rsm runner.
Two emplejesott the Leviathan
said - the ruin runners sought to
I use the big ship is a shield against
the rum chaser's .bullets.' They
told how the rduners maneuvered
their boat under . the Leviathan's
(stern: and jraced ! alongside, the
starboard sirle within five feet of
the shjp, ... Trapped; by a chaser
rom Mj.h- sld'inf the liner, .the
i runt runners sped for opei water.
. ;The outcome of tlhe chase had
hot een learned when tbe Lev-
Pact to Be Signed
iathla docked, ;
Young Convict Sentenced to Death
Makes Plea for Judicial
Clemency
The Iron nerve of Tom Murray,
convict-murderer, failed to hold
him steady Monday as he listened
to Judge Percy R.. Kelly sentence
him to, die on the gallows Friday,
December IS, in expiation of the
killing of Guard John Sweeney,
during the prison break, of August
12. Murray was convicted of fir
lng the fatal shot.
Ae the words were pronounced
by , J udge Kelly the condemned
man waa seen to flinch. He sat
down beside his attorney, regain
ed full possession of himself and
evinced the same attitude exhibit
ed during the trial.,- ? ;
In a clear, cool voice, Murray
responded to , the inquiry as to
whether or not he had anything
to say before sentence
was pro- I
nounced.
Voicing a plea for mercy on the
ground of his. youth and record,
with still no trace of remorse for
his crime,, Murray said:
l ne prosecution in this case
nas tnea us best to dig up my
criminal record, but the best they
have been able to do is to show I
two crimes, a.Durgiary in Calif or-1
nia committed when I was only
18 years and didn't know any
better, and the Florence bank rob-
ery. . -
"After being released from San I
Quentin, I went straight for two I
years before we stuck up the
Florence bank.
rney nave said tnat I was a
Killer, m the Florence job we
could, have killed but we didn't
During the time I have been in
the penitentiary I have been shot
at five times without any warn-J
ing.,. They, would shoot first and I
talk afterwards. . I
In he break we could have I
killed several we didn't even shoot
at. i naa jonn uaviason m myt
j powerto and if there was any man j
at th pen I would have reason tojtrict attorney, declared that thej
kill it would have been him. But would not contend that either WU
I didn't. - los or Kelley actually fired-thi
We could have killed Guard
Gardner as he ran ahead of us
toward the state hosnital to eive
the alarm, and we could have done
the same thing at Monitor and at
the Newman's. I could have taken
the ci0thes of "the Monitor boys,
but I onrv took' a coat and kent
my prison pants.
1TSor(l 9 GOVpra1 .a ..t
. aVtt . ,IA, - Von. .m
,nfnrmi,tlnn ayn?1t . . w
didn't."
Judge Kelly, in passing sen
tence, said:
"The law gives the court no dis
cretion. You are to be delivered
:o- the warden of the Oregon state
penitentiary within 20 days and
3n, the 18th day of. December you
are fo hang by the neck until you
are dead. And may God have
mercy on your sooL" '
Will R. King, defense counsel.
-announced Monday "that he had
I abandoned any idea of asking for
i retrial. but that the" case will be
i appealed, to the supreme court.
?Ie has until December S to pre
pare a bill of exceptions.
SHIP FINALLY FLOATED
SEVEN MEN DROWN IN AT
TEMPT TO SALVAGE VESSEL
VICTORIA, B. C. Oct. 19.
tEy Associated Press). The Hoi
'and-Amerlean line freighter Eenv
iyk which drove ashore on Ben-
uncK isiano, ten mues west ox
iers Wednesday, night In a heavy
'og, was floated today by the salv
lge steamer King. seven men
vere drowned , Saturday-night In
ide rips at the stern of the Eem-
lyk when the. tug Hope sank with
!4 aboard,. Twenty-seven were
escued.
Repairs
were made on the
relghter before pulling ' her Into
ho water. , Rocks tore away her
orepeak , and damaged bulkheads
n the forward section of the ves
sel and let in 400 tons of water.
.iiiiiii mm nnHTris ilHIP
I I MWii , UloUVJuH I JHIIO
DOCTOR'S AID IS NECESSARY
' y TO CLOSE SIOUTH
OREGON CITY. Ore., Oct. 19.---
( By j Associated jress.) A'" good
'wealthy yawn' upon awakening; In
the morning is an expression of
satisfaction over a tine night's
alee for most persons,- nt to
Frank HoglandV tourist from" Se
attle it meant a trip to the emer
gency hospital ' here-jcarjy '; jester-
day. . . Frank yawned, foog and
Frank yawned, loag
tride ot:when. M attempted to
I ciose nis; luouiu .c u..v
do so, a' brttn his" Ja ws -were cut
of place and it required the aid
of a physician to straighten . out
the yawn.
- . i - 4
No Effort Will Be Made by
btate to Prove hither
Actually Killed Guard,
SIX WITNESSES CALLED
Trial Gets Under Way Monday;
Prison Is Visited During
Morning; Defense Out
' lines Its Case - -
Maintaining that James Willos
and Ellsworth Kelley, . convicts,
had entered into a conspiracy, with
Tom Murray and. Bert Oregon
Jones while in the penitentiary,
and that as a result of that con
spiracy two guards, John Sweeney
and J M. TTnlman m 1a-itfi tfca
Ltata ,a lta to arguments to
.k - k. v
death penalty be meted out to the
two men on trial, indicted by the
grand jury for murder ia the first
degree as a result of Sweeney's
death. . -: '
Six witnesses were called by the
state yesterday afternoon, offer-
ing testimony as to the wounds
found on Sweeney's body and also
on the body of Holraan. Those
called to the stand yesterday were
Mrs. Lucille Sweeney, wife of the
dead sruard. Georce Weield. ' tho-
toeranher. Llovd T. Ricdon. Mar
ion county coroner. Earl A. Paul-
son, an embalmer, and Dr. W.
Carlton Smith and Dr. G. E. Prime
two phyeicians who examined the
bodies of Sweeney and Holmans
A detailed description was given
of the wounds ' that caused the
death of the two guards. The
bullet that ended Sweeney's' life
was introduced as evidence by the
state, over the objection of defense
counsel. ' Tom Murray haV bee's
sentenced to hamg on December
18 for having tired that bullet y
m miroaucing tee case to the
Jurors, Lyle J. Page, deputy dis
jghet that -resulted - in Guard
I weeney-s - ueatn, but that , they
would attempt to prove that a
conspiracy existed between the
lIOB convicts involved ; In , tho
I Dreait OI August is. r wniie this
conspiracy Waa being carried into
eriect, me two guards were killed
I and under the statutes .of .the
state of Oregon, the prosecutor
declared, Willos and Kelley are
Muet a8 responsible i as If they.
themselves had actually fired the
death shots." t
Will R. King, defense counsel.
in - his declarations to the jury,
outlined the possible verdicts that
may be returned. "The state must
prove," ' Mr. King declared; "that .
premeditation - and malice accom
panied the killing of the guards.
These men are not! on trial lor
firing the fatal shot. H They are
being tried as parties to a conspir
acy to kill, and the stats must
prove that they entered Into It
Wta tfee intenion to kill.
"As a matter of fact" and a I
hope to demonstrate to you be--;
yond any reasonable doubt, neith
er Willos or Kelleyf knew of the
contemplated break until two days ,
hfnra ft am aT.iinf Art Tn A if nn
derstood the plans called for no
firing. They were the last' ones
down the rope ; and when they
reached the ground they heard
shots. Then they saw a guard in
the yard, unarmed, and they sur
rendered held up their hands."
4'
(Continued oa pC S) .
tnii hi-ii I11SIM1 VI-KKI1
'-.1 viVr-; ? 'V r
BOXES OF PREinSTOIUC MAM-
MALS FOUND NEAR LAKE
BEND, Or.. Oct. jl$. (By As
sociated: Prfess.lr-Buried , ages
tgo in the soft sand's of the great
pleistocene lakes z which: ' spread
over a considerable part of the
j south central Oregon country, fos-
I silized bones of huge camels which
ijyed la this part j of the- world
thousands of years ago have been
found by Dr. L. . Packard of the
Cniyersity of Oregon geology fac-
Ulty. ' -i ' 'J:..,' : '
It Is the belief of Dr. Packard,
who . passed through Bend today
with the mineralized bones of the
prehistoric camels on ' his way to
Eugene, that the newly found fos-
sfl territory Is rich. ia'Temains of
fauna life . which ranged . on tho
shores of the ancient, lake. It is
his opinion that fossils of mam
moths, strange birds 11 and . many
creatures now' extinct J will be
found In this locality, ia the Lake
yiew country. - t "
- Dr. ' Packard, with- several stud
ent geologists from the state uni
versity, ' made the trip to Lat e
county to explore the new Ic: ll
u;u oa J the. it;craEica;aiion oi
i Dr. Charles Leith ' of . Lakeview
who had soca t-e fossils oa sev
eral OCCasiTES. :
' v r