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About Eugene register-guard. (Eugene, Or.) 1930-1983 | View Entire Issue (May 21, 1952)
ELECTRIC CO. Life in Prison Faces Belcher Youth Farmer Books May Be Altered Labor Department Proposes Change By A. ROBERT SMITH Retliter-Guird Corr.apondent WASHINGTON The Labor De partment Is still contemplating a change In bookkeeping require ments for farmers who employ boys and girls under 18 during the school year, but there is no indi cation when a decision 'will be reached., The order would require that Tarm employers keep records for t- -I. a- ..n4a- 1R iraa-af nf age if employed during a week in 1 to police in a patrol car in the Belcher driveway. Here Elmer signed (Continued rom pagt- one) bells drove past on their way to milk and went over and motioned Mary Ellen to follow him. Elmer and the girl then walked in a westerly direction about 200 yards until they came to a small knoll. There were wildflowers growing in abundance and a large clump of brush was nearby. The state contended as the girl stooped over to pick some flowers Elmer pulled a pistol from his boot and shot her through the back. The girl fell forward on her face and died almost instantly. The youth then returned to the car where he was seen shortly by the Campbells as they drove back from milking. Later Elmer re turned the gun to a dresser drawer in his home and eventually hid the boots he was wearing in a nearby sump hole. This is the state's version. These stories or contentions are diametrically opposed. Two things apparently bore heavily on. the verdict written and oral confessions he gave police shortly after his arrest and circum stantial evidence. State police obtained three separate confessions. One was ob tained at the Belcher residence at 2:20 a.m. April 5. Elmer talked Law" Color Gallery! ' 5-8791 ORSHEO! SHOES UCN ond WOMEN BURCH'S USO Wllianwiw PunlRTISEMENT ferhil Relief for 6 SKIN! Lljiootbe intense Itchinc of (Oima, pioi - i nrfnre akin and Eilititu, apply Zenio a hien- ,tidiMiniM!aniipin. ....... ...v,a.A so hclns heal and It irritated akin. Buy Extra Mm cisti. k IVi 1 1 imwho mael.tiitirmsuno.ee etal Clothe! Line Fasts All 111.50 Per Set ftest 11th Ph. (-8903 Free Delivery ADVERTISEMENT TO TAME FIERCE ULCERPAINS fimtj by ixctti acid I JtRfftfiioQlrini pain, constant bum fawolcn, induction, uaa, heart tworaMaatoroaclracld. Plunder'. fumtH imatini (raiek relief o( aoeh wwi wmj romula or F. H. fVJ, (Mtaina nwdically.proTwl In ISmntoi na arid. Coau Mom- fctteipin! Gt PlunriVr'a Tablet fl.OW,alread,ud. which school In that, district is in session. Records woum nave to show name, residence while em ployed, permanent home address, birth date, occupation, njace of employment, and an account for each working day showing the starting and quitting time for each minor. FIRST ANNOUNCEMENT of the proposed change was made March 20 in the official, but ob scure, government publication, Federal Register, after which farmers were given 30 days to exDress their opinions on the or der to the Labor Department. No public hearings were held. Only reaction received com prised protests from the American Farm Bureau jfeaerauon ana its various state organizations; a let ter of opposition from the National Grange: and one letter from a farmer's wife, also adverse, a de partment spokesman revealed. When asked the purpose of the proposal, the official said it was to implement recommendations made by the President's Commission On Migratory Labor, -which urged simplification of record - keeping for farmers. It is also to aid in enforcement of the Fair Labor Standards Act. PRESENT LAW requires farm, ers to keep records on all env ployes, but the spokesman admit. ted this has not been adequately enforced. Only penalties ever exacted for its violation were re cently in Arizona, where two crim inal prosecutions carried fines of $250 each for failure to maintain employment records for minors engaged in cotton picking. The proposed changes eliminate all record - keeping for workers over 18 and for workers who are members of. the farmer's family. The order would only apply dur ing school terms. The Farm Bureau said the pro posal involved costs, inconveni ences and difficulties out of pro portion to the advantages. suit yourself at joe Richards Irvine LeRoy Burk Services were held Monday for Irvine LeRoy Burk, 65, who died May 8 at Harper. He was a for mer resident of Fall Creek. He had been a stockman at Harper the last seven years and prior to that was a resident of Frultland, Ida. He was born in Texas. Sur vivors are his wife, Mina, of Harp er; two sons, Clay of Vale and Roy of Finn Rock; four brothers and one sister. a written statement which he acknowledged to be true A second confession was obtained at the Eueene state Dolice office at aDOUt :dl) p.m., April S. This confession was In the form of wire recording which transcribed questions and answers between Aimer and the police officer. The third confession was taken in the basement of the court house about 9 p.m., April 7. This was a typewritten statement signed by cuner. Confession in Evidence The state Introduced all three confessions into evidence during me trial, judge li. r . Skipworth allowed presentation of this tvne oi eviaence pecause tne state was able to prove a "Drimae facie' case that the confessions had not been obtained through force or inreai or promise or reward. . The confessions stated Elmer shot the girl and that h had hod relations with her. The confession also stated that Elmer had been teased by his grade school friends concerning the girl's pregnancy. Judge Skipworth instructed jurors that it would be up to them to determine how much weight to give the confessions. He said if there were any evidence that threat or force was used the confes sions should be disregarded. No testimony was presented, however, to show that the police used anything but a normal procedure in obtaining the statements. Apparently, the jury placed considerable weight on the confes sions, for without them, the state had only circumstantial evidence. The defense contended the con fessions shouldn't be considered because Elrner didn't understand most of the words involved. Tes timony revealed that Elmer, al though in the eighth grade, had a word usage and reading level of a student sllghtly under the fifth grade. One series of tests on Elmer's reading ability, according to tes timony, asserted Elmer could read about as well as a second grade student. The ' defense said Elmer didn't know what "pregnant" or other Such terrns meant. The de fense also contended Elmer was scared and cold and sleepy when he gave his first confession and scared and tired when the wire recording was made. It was also asserted Elmer didn't know where baby rabbits came from or how children are born THE STATE attempted to re fute this contention by pointing out Elmer raised rabbits and that school mates had teased Elmer about "Mary Ellen's big belly." Turning to circumstantial evi dence, the stale developed a web of scientific evidence that was designed to place the guilt with Elmer. An "expert" witness testified the bullet taken from Mary El- LUCKEY SAID Elmer told the court he ran from his Model A to a nearby fence when he heard the two shots and that when Elmer reached the fence he saw Howard running down from the pump house. According to Luckey, the pump house is 238 feet from where the girl's body was found. (The defense contended in its closing argument that the girl's body must have been dragged about 15 feet Into a clump of brush, that the girl was shot in the open, judging from the ap pearance of the murder scene). Luckey asked the jury: "How could Howard shoot the girl, drag her 145 pound body 15 feet, and then run 238 feet in the time that it took Elmer to run from his car to the fence a distance of about 60 feet?" The defense contended there was no motive for the killing, that Elmer could not have made Mary Ellen pregnant. DEFENSE ATTORNEYS said Elmer paid no attention to the girl and that "things just don't hap pen like that." (They were referring to Elmer's confession that he went into the Campbell home one day when Mary Ellen was alone and had relations with her.) The state contended there was a motive, that Elmer must have felt in his own mind he might be responsible for Mary's pregnancy. The case was summed up by Luckey in thij way: Speaking to Register-Guard, Eugene, Ore., Wed., May 21, 1952 Page 5 Willamette River ' Expected to Rise PORTLAND (P) The Wil lamette River will rise more than jurors, he said: "If you are to be- loot in Portland harbor by bat- lieve Elmer's story, then you will uraay, nooaing aaaiuonai iow have to believe that Howard com- lying docks, the weather bureau mitted the crime, but there is noiforecast Wednesday. evidence to show Howard was involved In any way." Defense Attorney Herbert Lom bard made this closing statement: "Elmer has had a rendezvous with destiny since the case started. If there is any reasonable doubt in your minds of his guilt, then you must find him not guilty." Emperor Selassie Orders Uniforms THE HAGUE W) Emperor Haille Selassie of Ethiopia has ordered 180 ceremonial uniforms for the imperial guard from a Hague firm. The uniform has high buttoned yellow epaulets on a red tunic with green trousers piped with yellow. Worn with it are a white helmet with a tricolored plume, white spats and white leather gloves, McMinnville on DST McMINNVILLE tfP) McMinn- ville will go on daylight time June 1 under a changed decision of the City Council. The Council earlier had voted to stay on standard time. The June 1 shift is the same date chosen by tioott Kivej. At 20 feet, the expected week end level, there is no serious dim age but considerable disruption of mill, warehouse and other activities along the river. The expected rise will com from higher level in the Colum' bla backing up the Willamette. PAPPY says We'll bo open again Thursday night (tomorrowl) COMPLETELY REMODELED trad REDECORATED fo better serve you wtne good food some good seruice CLINGMAN'S Closed Mondays Ph. 4-6054 Mil Workman Injured COTTAGE GROVE Raymond L. Stroud, 34, 12 S. 11th St., was admitted to Cottage Grove Hos. pital Wednesday morning suffer. ing from a leg injury received wnne working at the W. A. Wood ard Lumber Co. mill. His condl tion was described as good. I lit rrrr-ntisif I len's body was fired through the gun taken by police from the Belcher house. The witness also testified an empty shell cartridge found 15 feet from the body was fired by the death weapon. POWDER BURN tests indicated the shots were fired from 18 inches to three feet from the girl. Elmer's confession said he was standing that close when the gun was ilred. The state had no eye witnesses to the shooting, but circumstances surrounding the crime, apparently in the minds of jurors, pointed to Elmer. THE CLOSING argument pre sented by the state did much to solidify the state's case and prove that William Howard could not have committed the crime. The state introduced testimony that placed Howard at his own home at the approximate time of the fatal shooting. Mr. Campbell, the dead girl's father, testified he saw Howard while he (Campbell) was sitting In his car a short dis tance away. The state asked the jury: "Would Campbell want to protect the kill er of his own daughter?" What seemed to be the state's clinching argument was presented by District Attorney Ed Luckey. The Appliance Center "",66 jSSQi I I'll CENTER I II 70 West 10th I use the New 1952 Estate Electric Range because it Grills, Bakes, barbecues ! toys Amenta's tVemest J Authority On Good Food QsjMA&aSvy. NO FINER RANGE AT ANY PRICE. Come in and see the iQsationaI NEW 1952 ESTATE ; Electric Ring with the Dew Cooverto-Grid foe gril ling ... 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