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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Aug. 1, 1936)
. ' . ' . : . . V . m - - .i b ji . rouNDnp.icsi. , eigiity-cixtii yeah inioaless Deadlock ' ! - . Gminefi- Alter 3ive uro "EDeliib erataon Prosecutor Mootly Indicates He Will Ask Another Trial; Probably Not Until Mid-Autumn, -Indicated Jurors Evenly Divided Upon Question of Guilt or Innocence; Scripture Quoted, Both Sides, Argument JTTOPELESSLY split at 6-6, the circuit court jury which 3. heard the case against Chief of Police Frank A. Minto during the last three days, was discharged at 11:07 o'clock last night and a mistrial automatically declared. The case went to the jury at 5:49 p. m. ' , ' . "111 try the case again," Special Prosecutor Ralph Moody immediately announced. He referred, he said, to the negligence of duty indictment upon which thesecond Minto trial was based. ; . The new trial will not be held before mid-fall, it was apparent. Saying he was going on a vacation, Judge E. C. Latourette of Oregon City declined at once to set a new date. Court attaches, indicated the third trial probably would start early in October. Chief Minto will remain on duty and not ask for a leave of absence in. which to recuperate from the strain of the two trials and his recent illness, hep '. tald, after sitting throughout the evening in the court room await ing the outcome of the df libera tions. The jurors voted "several times" and each time the result was the earns I to 6 tie, one member said. A "majority" of the four women on the Jury fav ored acquittal, it was understood. Myrtle A. . Ilolden of -Silverton, foreman, declined to vindicate how the voting went. The Jury called once, at 3:35, for Instructions. The two Minto trials will have ret the taxpayers at least $700, it was estimated. Itible Quoted Upon lloth Bides of Case The prosecutor resorted to the Tible as he began his arguments at 2:13 p. m. and the defense replied from the same source. Moody called upon the jury to eonsider, from the Apostle Paul's letter to the Hebrews, this ver3e: "Wherefore seeing we are com rassed about with a treat cloud of witnesses, let us lay aside every weight, and the sin which doth so easily beset us, and let us run with patience the race that Is set before us." "That his truth shall be our shield and buckler." quoted De fense Counsel Walter Winslow, from the- 91st Psalm. Moody attacked the defense case as one of alibis and excuses, "a pla of avoidance" and "good faith." and asserted Minto; had admitted "he was allowing gtmlK lip" tj be maintained." The state arguments brought the reply that Minto was' not be ing tried on a gambling charge but on one of "willful failure to enforce the gambling laws . . Custer Ross, opening the defense arguments, declared the prosecu tor had misspoken himself when he asserted the defendant had or dered his men to stay out of "gambling joints," and with his colleague. Walter Winslow, de clared Minto had tried to act against gambling. Touts Not Indicted iWense Mention "Those touts for poker games escaped scot free," Ross pointed out, referring to certain state witnesses. "Moody comes In and attempts to send Minto to the pen. itentlary." "I don't know what politics, by what reason, that is being done," Ross told the jury, referring to Moody's "zeal In prosecuting Mr. Minto." Winslow averted the state ca was 'a jilj of insinuations." and "it doesn't make a bit Of dif ference whether the governor's Indicated or Mr. Moody's vindi cated." Moc-Jy retorted that "neither Governor Martin nor Ralph 'Moody are on trial cor are these wit- EfSSfS." "We can only do one thing at a t. y ti after making ;, .?.rl w 1.-th t-r the y t :?ht to be here r, i,j t, i..1:. r x 5 cS u t y :t r t ti r ;c; le." t j trl : Li t i f cr K " ; ; .'.lr averred an ac quittal w r ill amount to a pardon, as te CI the case at 5:15. i . : 3 I rr:.!3 ' CN. July 3 0. Mr. ' r'. 3 Howe rre a? J and- S cuscts, at i July 27. r Yanks Captor :. jl . ..... , ; Series Opener Crucial Series Is Opened j Against Cleveland Park Crowded CLEVELAND. July 31.HSV The New York Yankees 'murder ers' row" stopped the rush of the Indians in the opening of their "crucial" series today, firing a 16-hit barrage for an 11 to 7 vic tory to stretch their American league lead to 8 ',4 -games. Pennant fever hit Cleveland along with -the Yanks. A crowd of several thousands waited in line long before game-time, and the gates had to he closed an hour before the battle started, with thj 22.000 capacity of League Park reached. New York 11 1 0 Cleveland ... 1 14 2 Hadley, Muprhy and Dickey; Harder, Galehouse, Uhle, Blae holder and Pytlak. Browns Beat A'e i ST. LOUIS, July 31.-(p)-The St. Louis Browns defeated their rivals for seventh place the Phil adelphia Athletics, 12 to 4 today. Jim. Bottomley of the Browns hit two home runs. Philadelphia . 4 10 0 St. Louis 12 16 1 Keller Flythe and Hayes; Knott and Guilianl. , Red Sox on Warpath CHICAGO, July Zl.-(JP-A bar rage of safe line drives that in cluded Jimmy Poxx 30th home run with two on base cashed in on Lefty Grove's seven-hit pitch ing today to give the Boston Red Sox a 7 to 3 victory over the White Sox in the opener of their series. A ladles' day crowd of 20.000 saw the game. , Foxx added a triple and a double to his homer. Boston ..7 13 2 Chicago ...3 7 0 Grove and Berg; Shores and Sewell. Bridge in Form DETROIT, July 3 l-H-Tom-my Bridges was in rare form to day, scattering eight hits and striking ouC teven men as tho Tigers defeated Washington $ to 2. i . Buck New so m, who held the Tigers to one hit on July 10 when he last faced them, was touched for 13 by the Tigers today and was in trouble la several innings. Erratic throwing by Ben Chap- cian and Johnny Stone complica te:! his difficulties. Washington 1 ........ 2 8 S Detroit 8 13 0 Newsora.and MKies; Bribes and IlaywoUh. Condition Improved GERVAIS. July 3 0 The condi tion of firauel E. Brown, who is -.Jer treatment at a Portland al, U Terete! s somewhat j:urrovc J. thOwh it ia thou-ht Le will not be able to leave the hos I :tal for a few eore wceVs. WHERE FATAL RIOTIIIG OCCURRED Ii Saves Lead of Cubs FourHit; PitchinsTurua 11 Back Giants; "Dizzy" Wins His Own Game NEW YORK, July 3 1-T)-Lar- ry French saved the Chicago Cubs National League lead today by turning in a four-hit performance to stop the Giants 3 to 1 for the first time in the three - game series. : Except for Hank Leiber's homer in the fourth, the No. 1 man of the Cub hurling forces had .the Giants helpless. He pitched hltless ball from the fourth inning to the end. Opposing him In the tight mound duel was Harry Gumbert, who held the Cubs to six hits, bat he gave up two each in the fourth and fifth, which the Chicagoans converted to runs for . their only scores. Chicago ....3 C 1 New York ...... 1 4 1 French and Hartnett; Gum bert, Castleman and Mancuso. : Deaa Wins la 10th : Brooklyn, July Zl-Ah-'Dizzj Dean won his own hall game to day, singling In the winning runs in the tenth inning to give, the Cardinals an 8 to victory-over the Dodgers and enable the gas house gang to remain one game off the National league pace. Although giving up 11 hits. Dean was tight in the pinches. striking out nine - batters and walking but two. to score his. 17th victory of the season against eight setbacks. -- St. Louis 8 11 2 Brooklyn ........ K. . 11 2 J. Dean and Ogrodowski; Brandt, Winston, Banker and Berres, Phelps. ; rhils. Reds Split PHILADELPHIA. July 31-P) -The Phillies and Reds divided a double-header here today. Cin cinnati Won the first game, 12 to 2, when Peaches Davis held the Phil sto six hits while his metes slapped three Phil hurlers for 14 safeties. Philadelphia won the second, 7 to 2. I t - , Cincinnati .,...,....12 14 1 Philadelphia1 ........2 f 2 Davis and Lombard! ; Walter, Harris, Sivess and Atwood. Cincinnati . , 2 8 1 Philadelphia ........7 15 1 Brennan, Schott, Stlne and Campbell; Jorgens and Wilson. rirates Snvaek Rail BOSTON. July 3 l-'P)-'11 Berger's two home runs today did little to aid the cause of the Boston Bees as the hard-clouting Pittsburgh Pirates blasted two Boston pitchers for 14 hits to win, 10 to 5. Pittsburgh ......10 14 1 Postoa ......... .....5 13 0 Weaver, Ilcyt and Paddea; Chaplin, Iteia and Lopez. ;." Gets AnclLcr Jcb LN'DHPE.NDENCE. July 39 Misa Helen been elect? ! noraics vers; Felxert, who tad to fill the home eco- cy ia the tlrh sciocl taa turn i Ler cintract ii tJ ac cept a similar portion at Il4la cia at a tii-tr t alary. - - .... : Frenc Salem, Oregon, Saturday OREGON STATE PR WARDEN LEWIS Life Threatened Nebraska Farm Boy Taken Into Custody; Letter Demands $25,000 - LOS ANGELES, July t-4JPf-Department of Justice agents an nounced here today the arrest in Grant, Nebr4 of Sterling Walrod Powell, If, farm boy, on a charge of attempting to extort 225,000 from the father of Shirley Tem ple, child film actress. Powell sent a letter threatening Shirley's life, agents said. . Federal officials said the youth admitted writing the letter which read: v ."Unless $25,000 Is dropped from an airplane near Brant, Nebr., on May 15, the life of "Shir, ley Temple will be endangered." Agents quoted George Temple, Shirley's father, as saying the let ter apparently was lost in her. fan mall and was not opened until May 18. three days after the spe cified deadline. : Men Released as Case Is Unsolved PORTLAND. July Z0.-JF)-Ca.V- tain of Detectives John J. Kee gan ordered the release of "Wil liam Rea and Fay B. Wise today and commented that "all in all we haven't anything to work on" in connection with solving the strangulation death of Mrs. Ada Haskins, 4. The woman's body, a wire around the neck, was found in a nark here Sunday. Rea and Wise were questioned: when a photo- rrarh was found showing them ith Mrs. Haskins. They -esta&ilsa- ed alibis. ' l ' Police tare not determined whether the woman took her own life or was killed. Gladiolus Iiow GRANTS PAE3. Ore., July 30- f.ri-Flowers of all hues arrived In c. rants Pass toiay for the first rladlclus show of southern Or en Hills. Ths festival will te t li tomorrow and Saturday. The ia cone froa th ercp Iris? axnuil I SON Sliirley Temple Morning, August 1, 1933 Beeision U pon Lafair, Cause "v Ambiguous, Parole Is Up to Governor ' The legal decision which led directly to the riot in the state prison yesterday was given by Judge Arlie G. .Walker, McMInn ville, in the application of Roy LaNair Jot a writ of habeas cor pus. Judge Walker ruled that the law relating to indeterminate sen tences was "not ambiglous" and that penitentiary prisoners ' were not entitled to the automatic de duction of good time from their sentences.'- LaNair brought his action tor releaser from the prison after 13 year practice of automatically releasing prisoners when two thirds of their sentence bad been served, had been declared illegal by a ruling of Judge L. H. Mc Mahan in the application of Earl H. Fehl for release; Fehl was con ditionally pardoned but Is - seek ing complete release by another action, now pending before Judge L. O. Lewelling. ' In his decision overruling the LaNair application Judge Walker declared that the law was clear and plain and that the practice of freeing prisoners which ' had been 'followed was erroneous. Such - a construction leaves the matter of paroles with the gover nor after a certificate of good time has been .filed by the war den. . " - - :.:- ' - "A practice Indulged , In over a period or years or an errone ous construction placed on a law by various departments cannot alter or change the effect of a law passed by the legislature," Judge Walker declared. George Mowry, LaNair's attor ney, -urged baste in deciding the case -when a demurrer to the LaNair application was argued before Judge Walker here Mon day. . ' :. "Their are many men whom this decision will effect," he said. The petition for the habeas cor pus writ stated that when LaNair was committed from wultnoman county for five years, after being convicted of burglary not in a dwelling, he' was instructed that if he obeyed prison rules and dis cipline he would be ' entiled to good time deduction amounting to one-third of his sentence. He was received at the prison Janu ary 25. 1933. LaNair declared that he had lived up to the prison regulations and was automatically entitled to release. - The application- also cited the ruling of the attorney general in 1923 .which .stated that second term offenders were entitled to release the same. as first offend ers. LaNair is a second offender and relied upon the ruling as a basis for bis application for re lease." ' ,; ' EILVERTON, July 30. Mr. and Mrs. I. D. Wordea have as their house f nests Mr. and Mrs. L. D. Lynch of Jamestown. 21. D. Mr. Lynch was prcrrietcr of a renral store ia Ecotts Mills 29 ynt C3 tnd plans tu rttirn to ths EUvertca; comnunity to cake hia home. V " " r . r I 5 i mJ sW TTN f 1 1 :liSlll(G): Riot Stoiy Is Told, Vitness Scenes in Prison as Men Go on Rampage Viewed by News Reporter - By CLAYTON Y. BERNHARD I stood in the yard of the Ore gon " penitentiary t o d a y and watched 700 angry convicts hurl their defiance at six prison guards on the walls and Wajfden James Lewis. . ' They milled about; some of them taking it as a lark, others looking hopefully at the walls, wondering whether they could make a dash for it. The din was deafening but the guards j u t stood there, rifles in hand, watch ing every move. Suddenly there was a shrill cry. "Come on guys let's make a run for it!" , A few convicts started and in an Instant there were a hundred of them running like madmen tor the walls. X was on the ground, in the yard, and I stood there dazed by the thought of those men run- nts5 .tow ard tbo?sj;uarda w 1 1 h4 their rifles gripped tightly. Suddenly a saw a rifle raise. I knew mere was going to be a shot. In a flash came the report of a bullet fired then another cracked across the big yard. I turned and ran into a small reception room, out of range. ! I iw three convicts slump to the ground. That broke up the charge, Quickly the on-rushing mass of men stopped, turned in their tracks and fled for cover. There was unlet for a few mm utes ana then shouts began to brea kout. For another hour and half the prisoners milled about the yard. , "We'll eat anyway" they had raided the commissary before riot ing and stacked supplies of food in the yard some yelled laugh' ingly. others said more a-rimly: "We aren't going back to the cells. " I stepped out of the reception room to . the yard again. The guards were carrying off the wounded convicts. - There was an undertone and looked up. On the walls stood 20 booted state polciemen. They said nothing but In their hands they carried tear gas guns and the convicts knew it they knew, too. what the police Intended to do. Without a word the state troop ers stuck the guns skyward and held them there. The rumble of shouing suddenly died down. In a moment guards, without firearms, were walking among the prisoners, They gave the , usual signal to line op.. I . . . ' ' Sullenly but without resistance the convicts fell into ranks I and marched slowly " into " their cell oiocks. some of them carried as much food as they- could get in their arms. The guards let them take it In. - - . ' I noticed with a start that the yard it seemed, strange that. where a moment ago 700 yelling men, many in a vicious mood, stood and where' one of them had been killed, that quiet now prevailed and only the high grim walls of the prison showed. ; It seemed- like a bad dream, I Landon's Wire Is j Read by Stciwer CHICAGO', July J0.-(jpj -Thei following; telegram from Got. Alt Mr Landon, republican presiden tial .nominee, was read at -tae Knox notification' ceremonies to night by Senator Frederick Stciw er of Oregon: The Hon. Frederick Steiwer, chairman, eommittee to- notify the candidate for vice president, Chi cago, 111. May X add to the warm tribute whicn you are paying to night to my friend and fellow woTker. Colonel Frank K. Knot' The years of our friendship add for me a meaning to our new re lationship. , They contribute a "confhlenc and an enthusiasm to. the worK; we thall da together ia fc coia4 boh cause. The repuoncan party will taia rvaca strength in thii cin;i!:T frou the experience vf-cr tr.i.the c-tst&niiax l":tf cl"Cc!:r..l IIcox. - ' (Clsacd) Air U. Landc i f ; I . t i i Ox i j o; : -I i ! - f igJiu i . '- Is. CDWM BY ZZ: 700 ' Take Part in :M i i S. Ruling on Good-Time Relea Tilson Reported Ringleader i, r I Arrival of State ion Walls With Turns Tide; jSeven hundred angered convicts in the Oregon peniten iary here retreated sullenly to their cell3 shortly after G jb'clofck Friday night after their h brtakltoward the walls had jBauhn 50, Deschutes county murderer, and vound3 to two others. Appearance of 20 state policemen on the walls, pre pared to drench the mob with minaitioh. I Paiighn, serving his third hiur&erj paid with his life as he 1100 felling prisoners in a dash piat a fa lay beyond. A bullet from the rifle of al jabdominal wound. Two lets ran for cover. tonv Uames Hamilton, 36, was IhrcizsH the lungs and Joseph Dupray, 21, suffered a rr.ircr Woulid n the hand. - , i'f 'The. burst of gunfire quickly reversed the hoarse com mand ojf the -ringleader, Frank Tilson, S9: Come on guys let s make a break for it lswi i 1 1 iine iriffntenea prisoners rniniite the ringleaders conferred and sen an ultimatum to HVarderi James Lewis:' ,- - I 'We are not going back to the cells." !; I The warden snapped: . fTheyare!" Suddenly a detachment of state police appeared on the Kvalls and gazed silently at the howling mob. The score of pa trolmen! raised tear gas guns in the air. They said nothing Jtheyldid not need to. A hush fell over the yard. I !Unlder the cover of rifles on the walls, guards walked put id the prisoners and signalled them to line up. Sullenly jthe meii fell into ranks and filed back to their cells. ) Curiously, it was a message from Warden Lewis which I touchedj off the outbreak. ' T T" I , 1 A . xieiorougni wora 10 xioy had cleriied Lanair's plea for la minimum sentence with" good (Until a short time ago, prison officials following a cus- itomjof (years had freed prisoners automatically after they had served a minimum sentence less good behavior credits. I The icourt ruled that a prisoner .only! a full sentence unless the ; freed him. T::,- - By prison grapevine, word of the decision spread anions !the tonVicts. Two of them, identified by the warden as tho iUadrsof the riot, Tilson and Lloyd Sorahan, 24, get in tha icommissary and ordered the cooks to stop work. . - ' j : iWith the assistance of 75 or 100 other prisoners, they ibegah piling food in the yard, where 00 other -convicts wero Staking a rest period. Virtually all the food was removed. .t . fThe leaders began to yell and the prison yard seen was transformed into a deafening roar of shouts, seream3 und profanity. ' - - For fifteen minutes the convicts milled about, with a half dozen guards stationed along who; later was reported to have been "drunk" a report which could hot be verified yelled at the prisoners near him to run for the walls. Seven hundred convicts In Oregon's state penitentiary, turning into a mob of angry men over an adverse court deci sion rioted late today and three of their number were ihet, one fatally, when they attempted to charge the wans. jThjomas Baughn, 50 - year courity,! died within an hour from a rifle bullet through 1:3 lungi j - iTwo other convicts, James J. Hamilton, SG, shot thrcu :,a the jbadk, and Joseph Dupray, 24, shot through the l,arul, were; seized by the guards in the stunned silence which f 1 lowed the runfire and put in the prison hospital. (A moment later the yard ajrain was a seething r: yeUipg,! shouting, prisoners,; milling around and tcrvi ultimatum to Warden James Lewis that" they v.ere net to return to their cell blocks. jThe warden answered cryptically: They are." . . ;A Sshort time later a detachment cf stts fc!!:?, ped with tear gas, appeared 'preparatory to dre r.:!.; yard with the fumes if the convicts trie i to held tl. i r r iThe riot broke out m the entlt following out a wcll-plar.r.ed plot, L:;iiiii cirr;..:,; intojthe yard as supplies for their attempted defiance c. warded. . iTh2 cutbrcal? :ll3wcd a (I l.v Judrs ArLa G. Vl.:cT reiuein;: n.2 p.:.u; convict, for automatic release sentenea with good behavior c a plrcla must L2 specifically i.Zziis cf th law. iTasthres ccnvieti wer x;l:vk ti.ey c.. w:.i: :. Ths n .a v.; . - No. 1 ' 1? V Riot; Men Anger Police. 20 - St Mr Tear Gas Gmi3 Warden Finn defiance of prison rule and resulted in the death of Thomas tear gas, ybroke their dcter- term in connection with a and several others led nearly for the walk and the freedom : a guard felled him, inflicting others went down before the believed dying from a bulkt a awe ! W retreatea in cusoraer. in a iew V " T ? " A 1 A. xanair, a cuiiviwi, wiat a wun automatic release after serving behavior credits deducted. might be freed after scrvirs parole board and the governor the walk, rifles gripped in - old murderer from De ulr3 ccmi.-ary wr.:n c r from ccrapleiin. 1 c 4 ' crJerci f'.et Cy C k -i
