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
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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.
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