Capital journal. (Salem, Or.) 1919-1980, July 17, 1925, Image 1

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Capital journal., July 17, 1925, Image 1

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Newspaper Page TextMUSTS ARE BARRE SCOPES T RIAL CIRCULATION Dally average net pala circulation for month ending June 30, 1925 6729 Average dally distribution 7089. Member Audit Bureau of Circulations FORTY-SEVENTH YEAR No. 169 I TESTIMONY IS DECLARED ffiLENT Defense Takes Exception To Ruling of Court; Adjournment Is Taken Until Monday. Courtroom, Davtou, Tenn., July 17. (A.L) AfLer Judgo Julia 'J. Raulaton bud excluded scieutii.c ltestiminy in the Scopes case court w.ia adjourned until M'ui day miming, The liierveuiUir teuie is to be spent by counsel lor the dei nse iii preparing sta. ments fur the records of wbut their witnotsca would have ts. fied bud they teen permitted 'o take the witmve stand. Judo Haulston's decision to exclude taj experts rom the wit ness fiUind tlcveloped sharp clashes between Arthur G. Hays nnd Jud;;e Karlstou und Clarsnic Par row in the court. Mi? Finish Monrlav. Although cou'i was in sees if .1 only 30 minutes the judge giv ing his decision at 9:51, it wife stormy. Alter (icfeu.se attorneys had raiseJ. their voices in ve.ii mcnt pra'.esi to the courts rulia;; another argumuht developed ou the question of week-end rcce.,.3. The defence insisted on this ace,) and while the stale protected, t?ie court finally ruled for the a-li in the proceedings. Judge Itaulston indicated, nuw ver. that en his return to the bench Monday he would Insist on the case moving more rapidly. Thia wan taken t,- mean that the case miK'i; tnd Monday, Etccot.io.-i Taken Court.-oom, Dayton, Tenn., July 17 (By Ttie Associated Press). (Continued on Page Four) ; FIVE IN FAMILY OF EIGHT KILLED Billings, Mont.. July 17. (A. p.) Fivo members of a Sinia Rosa, Cal , family ot eight we.-c Instantly killed another was (Hal ly Injiiro'l, and o seventn serious ly hurt when ai eastbound Bur lington train or'.f,hcd into a sell a at a grade crossing one mile wes! of Billings early today. The deid: IU.pnael Fleck, fi tter. Rose Flick, n-.other. John Fbck. Eleano? I-lecU. Eildio Fleck. The injured: Magglo Fleck, fa tally hurt. Agnes Fleck, arm broken. The eighth member of the fam ily Rosle Flock, a ten year old iirl saved her:elf by Mimping from lie ear when the engine stalled ts it stood on the track directly In the path of the oncoming tiran The Kle-.ks were on their way homo' from California to Dickin on, N. D. They carried tlMlr enmn equipment In a trailer which was sepnraied from the car when the crash crime. Th bo.-l ;cs were mangled fll most beyond recognition nnd the ear was refluce' to a mass iplintered wood nr.d broken and twisted st.-el as the locomo' Tolled it for a distance of !20) feet down the track before the train w.?s V-omrht. to a stop. Mr.cclc Fleck, a 19 year old daughter, died two hours after the accident in a local honplt.-t without regaining consciousness. The children ranged In age from a seven months old baby, who was Injured but will live, to the H year old girl who lived for few hours. Fleck was 46 and his wife 4i. The family lived at 343 Decker street, Santa Rosa. During the morning county and railroad officials took action looking to early elimination of the trade crossing by construction a viaduct. The scene of today's accident w the same crowing t which five were killed In similar accident 11 month ago. Thia crossing ha, claimed more (ban 15 victims In recent years. Til Tries Scopes t-Hjr Tjwt 7 - .Av is- 1 k Although engrossed In the trial of Prof. John T. Scopes, charged with having violated the antl-evo- lutlon law, Judge John T. Raulston (above), before whom the case Is being tried, finds time to smile for photographers. OF ELKS OVER; BIG Portland, Ore.. July 17. (A, P.) The Sixty first grand lodge reunion ot the Benevolent and Protective Order of Elks was brounht tr a close hero tod.tv. Many del ;-atf',ns left last night following the hupe j,ik parade in which annroximately 20,000 per sons took part, rnd others wo.'C lennrtlng this morning. The it maining J!cff.itea were for the most part t-tijoyirig highway trips, climbing Mt. Hocu, or participat ing In a sou tournament at Goer- hart, Ore. Tonighi will see the final revel ry of the tf:dilors and by tomorrow the city wir. cornr. teetering bnct to normalcy aftsr one of the Jol- Hest wcjka :n its history. TortU". 1 mav have the El its convention the next time she wants it," eaid Retiring Grand Exalted Huler John C. Price in discussin; the success of the con vention jua. ended, and other 10) k officials a -'-"ecd with him. Char lea II. Grukclow of Pliila- delnhla. ."rand etnuJrc of the or der, was presented by Exalted R't- ler Milton R. Klcnner, of lb Portland ledre, with a fishing rol each joint of which ie engraved with an elk inscription. GAVE IN OF MINE DENIED Nogale3. Ariz. July 17. (A.P.) Denial of a report that a cave-in occurred yesterday at one of Us mines at Ci.nar.ca Sonora Mexico, entombing two hundred miners is contained !n a message sent by officials of Iho Cananea Consoli date Copper company to the assoc iated PrcM today. i 1 4 Missing Girls Found; Lonely Life In Sheep Camp Palled On Them Tort land. JuVy 17 Junle and Esther Iiradhaw, aged 14 and, 12, daughters of A, W. Bradahaw, F.heepmnn of the Tule lake district In Klamath county, who disappear cd from their sheep camp several days ago, were located in a Port land rooming house late yesterday. They are now In the custody of the women's protective division. Klamath officials came to Port land after I. W. Rhodes, former employe on the Bradshaw ranch confetfted to aiding the girls Make their way out of the Tule lake dis trict. The girls declared they ran away because their father kept them In the desolate sheep camp, and that Rhode had helped them at their request. "We're tired of living In the open." Junle told officials. "The old tent leaked. Tho water was awful and full of alkali and we had to carry It about BOO yards. The country Is desert. It gets awfully hot In the day lime and there lin't Mm LEGALITY OF Attack Made Upon Statute Permitting Commit ments To Asylum With out Appeal by Victim. Attacking the statute under which courmtmeutfi to the Ore gon state hospital are made and thus the legality of all commit ments which have been made un der such i-'uitute, J. G. Maun toduy filed in circuit court here habeas corpus proceeding against Dr. il Uj. Lee Sleiner, superintendent cl the state lupital, demanding the release o: Grant Nann from taut instituti'ju. He assens that Grant Mann was cur.niMiU'd to the institution from llilltboro. Washington coua- lYi hy J. W. Codin, county judjj of that county. He declares that the statato under whith th commitment was made denied due process of law to the committed person in thai it fails to make provision for nn opportunity on the part ot the accused to be heard by hfnisolf or counsel or for any procedure on the part oi the accused to prodJoe or have tontwCered evidence on bis own behalf. The petr.lon for a writ further alleges ihV. the order is invalid in that it purposes that the ac cused be incarcerated in the state bosnital ior an indefinite anJ in ileterminate period limited only by the jj''gmeni, whim or cap-ice of the suprintenneni. It is pointed out if the conten tions of M.-.nn pre sustained, that the noints raised would bo equal ly applicable to every inmate 'n the two mssne asylums oi - state. LOSS IS 1500,000 Portland. July 17 Lomi In yes terday's Lirinton fire when the West Oregon Lumber company and the Beaver-Llnnton Timber com pany mills and yards were almost totally destroyed, remained ai $500,000 today. Two men, J. W. Fowler, employe of the Went Ore gon company was severely burned about the arms and sides, and . M. Orchard, hoseman. was burn ed about the arms, while fighting the flame. In addition, six railroad boxcars and 25 automobiles, the latter own ed by the employes of the West Orescon company were destroyed The loss is believed about evenly divided between the two concerns. Both mills will be rebuilt at once it was announced. a tree for miles. Then It geta cold at night. "At night the coyotes come around and howl. We two girls had not slept for a whole nigh while we were out there. We were Just scared to death. "Yes, sir, you said It when you naked If we weren't gypsies. That'i all we are. We have four brothers and three older sisters, but they've all scattered and we two girl are the only ones left with dad and ma, We never went to school very much We were too busy moving around "We JuM got tired of It, tents an deserts and alkali and sheep camps and thought that we would come to Portland and find a Jo! working In someone's house. Wi wanted a chance to live In a reft) house, with & roof over our head and bath tubs and gas and electric lights and other things. We want to be white girls; not gypsies; The gtrlB will be returned to Klamath county today. LUNATIC LAW QUESTIONED n Firmer" SALEM, OREGON, FRIDAY, JULY 17, 1925 Wf M'CLINIOCK WILL DENIED COURT ENTRY Judge Refuses To Admit Instrument To Probate Until Presumption of "Influence" Cleared. Chica?-), July 17. (A.P.) Basing hij decision on "a presump tion of un-lue influence," Probate Judgo Horner 'today .refused ;o admit the will oi William Nelan McClintock to probate. Joining forces with cousins wm: are seeking to fi event admission to nrobato of the will, Miss Ifta- belle Popi, finance of millionaire youth, chaiged through her attjr- neys today that the document was the result o! a "criminal conspir acy bctwe:ii William, Darling Shepherd, und otuers." Shepherd Beneficiarv Shepherd, principal benefici.iry under th3 will of his footer son, offered tu.j testament for probate several days ago. Miss Pou'J. whose marriage to McClintoi'k was prevented by the boy s sudltn couth last wintff was recipient of an $8000 ann iity under tbi wlh. i 1 Bhould like this case to leave the court with a rinding of tin due inflitcuce," eaid Judge Hr ner, "but because presumption of undue influence has been develop cd from the evidence of the r.t testing witness J will deny this will to probate. It is part of the system in Illinois that while con test ants a"j bouud by the evident of the nt:estins witnesses, tho pro ponent of n will Ij likewise hound Muit Remove Cloudv Pointing out that the prop: ent had recourse in other courts. hit added: 'It is th) duty of the proponsm to remove ihe resumption of un due influence. Two courses aro still open to Shepherd. He may initiate chan cery proceedings to mandamus the probate court 10 admit the win or appeai today a decision to a higher court. BEFORE COURT The city of Woodburn was this morning facing a damage action for $20,500 In circuit court when jury was Impannclled to hea the case of N. Miller against Wood burn. Miller, a rancher living about two miles north of Woodburn Ferrier creek, claims that his land has been depleted of Its value from the fact that the city dumps Its sewage In Ferrler creen, wnicn runs through his place. Millers land, he states. Is beaver dam land worth at least $1000 an mere. Dumping of the sewage in the creek he contends, has so accelerated the flow of the creek thnt It has caused damage to his land, and he avers In addition that because of the porus nature of the bearvcrdam noil the sewage has percolated through the aoll to such an extent It has made It virtually valueless as a producer of crops. The present action nan taken several angle, the first case being for 150,000, then efforts at Injunc tion were tried until the case enme to Its present form. An array of legal talent is lined up on both sides of the action, Miller being represented by W. C. Wlnslow of Salem and W. Lair Thompson of Portland, and Wood burn by Blaine McCord, Woodburn and John A. and Allan Carson of Salem. II In Cools LaOrnnde LaGrnnde. July 17 Eighteen foreit fire are reported in Wallo wa county. The fires are under control and little damage has re sulted. Thunder showers last night cooled LeOrande after the city had sweltered from a temperature of 10S Thursday. It Is feared the In tense heat, If continued, will prove damaging to crops In the valley, IJoiiiraa!: FRENCH LOSS INM0R0CC0 IS OVER 4,000 Persistent Attacks of Riffian Tribesmen Re duce Strength of De fenders Seriously, Paris, .ixly 17. (A.P.) Total French casualties so far in thit Moroccan war w:th Abd-el-Krim's Riffiaus arc gien by the Pe;it Journal, i a Fez dispatch as 4, 148. Of these 707 were killed, a,- 776 woumk i and 660 missing. Fren. h viihonties estimate Aid- el-Krim has not more than 30 French prisoner., those technical ly listed mis-sing aro regarded as dead. These ar-3 the first detailed fig ures published of French casu..I ties. Pre.uier rahilevc, nfter hlr, recent return from Morocco, as sured the chamber of deputiri French losses were not as great. but be avoided giving figures. Eft'ictivf ness Lost The Petit Journal's Fez correj pondent sayi Al d-el-Krim has so reduced the French troops because their numbers are insufficient, nrj compelled to bo in the fighting (Continued on Pago Four) L Fl Ey unanimous vote at this noon's me -tins of the Salem Lloim club decision was made to ju;j port e campaign to secure ade quate equJpmen'. tO-nd suf licie'it man powe for the Salem fire d( pnrtment. The decision took th form of a resolution, unanimously adopted, and Intioduccd by FraiiA Neer, district Governor of Ihe Lions club. The resolution ai-'-o commended the work of the de partment iii handling the fire fi liation last Sunday night when, Neer declared, the- flames might oasily havi broken away and de stroyed a lnrge portion of the city. Near al E&Vt a report of the intruatioujl Liunii convention at Cedar Point, Oh.o, from which he returned erly this week. The convention will ne held at Sn Francisco next year, he statjJ, delegates irom the west having united -in tin effort to bring the convention to the coast. A stiff rivalry sp,:ng up on the train go ing east, between tho delegations from Los Angelas and San Fran cisco, both wanting the convennun held at tJe1r cities. A caucus was held on the train, however, and decision m.ide to eliminate L Angeles from ;h3 competition, all western de.tgntt supporting Han Francisco. Work cf the Lions as an In'.er national organ'ratiun was outliu ed briefly by Mr Neer. One thing stressed was that fact that the wcs has done "better than ai other section ot the country in the Lions elm procrain" of furnish ing a special type of magazine for the use cf Inmates of biuiu schools. In many parts of the United States the Lions aro carrying on un active cami.picn against the sale of oUcene literature, N3' Haid. In" cme places Lions have gone so fa) an tt arrest diwtrMn- tors of th-3 m?.gtiz'ne for contrlo- ine tn tin dolinuuency of minors. SUtlstirn were cited, Neer declar ed, showing thai within the i,as 1 months there hpve been IS mag azines stail'd in the United Sulci that "out-French the French. GIANT ONION PLANNED BY ENGLISH LEADERS London, July 17 AV) A con ference of trade union executives meeting here today approved a plan for a great consolidation alliance embracing millions of Ilrltlsh work era, including miners, railway men engineers, shipbuilders and trnns- port In borers. Mysterious Note Secures Reprieve For Doomed Slayer Chicago, July 17 (AP) A new lease on life for one week hati been given Russell Scott, con demned to die today for the mur der of Joseph Maurer, a drug store clerk, In a hold up. Six hours before the timo set for the execution of the erst-whlle Canadian miner, Governor Small, moved by a mysterious message from Detroit, granted a reprieve. It enmo when all hope had been abandoned by Scott and his wife and aged father who had worked for weeka to save him. The Detroit message signed "Robert Scott,' confessed the kill ID TAKE ACTION IF STRIKE CALLED Swampscott, Mass., July 17- (AP) The government will take a hand In the anthraclto coal wage negotiations should an agreement not bo reached and a strike called on September 1. The program which the government will pur sue in the event of a strike was discussed at a three hour confer ence hero today by President Cool Idge and Secretary Davis. The specific plan of the govern ment was not disclosed. Secretary Davis ventured no opinion as to tho outcome of the wase negotia tions now under way. Ho pointed out, however, that tho depart ment of labor, through two media tore, was keeping in close touch with the discussion of the opera tors and tho miners and wan hop ing that an agreement would be reached before the present wage contracts expire on AugUAt 31. Secretary Davis came to Swamp scott to dismiss several depart mental matters before sailing to morrow for Knplnnd, but the coal situation received particular em phasis during his conference with tho executive. There wan no hint by the presi dent of the plan of procedure by the government In case a strike In called. Mr. Davis will, however, return to this country on AusuHt 25, a week before the expiration of the present wage agreement In the anthracite field. The secretary expects to study Industrial conditions In Kngland, a study interrupted two years ago when ho was called back by the death of President Harding. I T New York, Ji-ly 17, (A.P. i -.lack Dempfcy, heavyweight 'j jx ing champion today visited ho New Yor!( etaU commission nu t ald after the conference that he had made hlft peoce, and that the commissio-.iers l:et agreed to two or three bo-i's before ho meets rh negro, Harry Wills. The title holder snid that tic- had signed an agreement with motor Tex Rlckard to box Wil-s and' that Ihe way now was open to the contract fjr the bout. Com missioner Muldoon agreed, Demp scy said, that he ihould he permit ted a couply of warming up iou teste. A funn match Is In proaepc. tho chompi'.n admitted, and nuiy be one of the feature attractlnr. at (he pew Madison Square Car- den this winter. He expects t meet IlarMey Maoden at Mlchiga City before the summer Is ocr although he his not signed -h papers. When thown dispatches from x Angeles qur.llng Jark Kearn as saying thnt Drmpsey would noi fight Harrv Wills or anyone cls Without his r.trovnl, Domp;ey smiled and dismissed the subject with: 'Somebody got hot. The boy evidently lost his head." ppiin TtiPTri? nirMTQ ON trains and news rtxiLiEj ltlrCliiiii LJliJNlo stands five cents lng and promised surrender, urg ing that the hanging be delayed It had been glvon to a meMsenSorj0ji an(j deKc- uoy on tne street oy a young man, Investlcatlon devclooed. Scott Imf-V maintained that Robert, his broth (Bring Container) er, was the slayer. The 30 year old man whose"- orful career has included vat. -rmci a vlllo acting, authorship o fcooiWhE FLAKES Some on business methods and ethics LcftVCS COoked, promotion of million dollar enter- nrlHes and finally bootleccing, was.' prepared for death when news of the reprieve came. He had bade farewell to his father and asked (Continued on Page Six) FIRE FIGHTERS Priest River. Idaho, July 17 An unidentified forest fire fighter Is missing and perhaps dead and two others are In a hospital hero, seriously burned, following the trapping bf a cow of seven by flnmes at Lamb creek, thirty mile north of here, yesterday afternoon. Emll Lambert of Spokane and Luke Krikor of Seattle, suffering from burns all over their bodies walked 18 miles after they had es caped the flames and were brought here, iambret was said to be In grave condition. When the flames surrounded the crow, Lambert hurdled the blaze and escaped. Krikor gave up. lying with his hands over his face await ing death. When the flames had nearly reached him he leaped to his feet and dashed to safety. Four of the other members of the crew were not seriously burn ed. DECISION KILLS HOPE OF DEFENSE Daylon, Tenn., July 17 (AP) The refusal of Judge John T. Raul ston to admit scientific and relig lous testimony Into the evidence In the Scopes ca.se marked the end of the defense hopes for the trial. attorneys for the defense wild to day after tho adjournment of court until Monday, when affidavits con tain Ing this evidence will be ad mltted to the record for transmis sion to the higher courts. "This ends our hope for a trial of this case," was tho comment of I John R. Neal, chief counsel for the fense. "Slnco the beginning of this ease," Dudley Field Mulonc sall. there has been scarcely any mo tion of the defrnnX except the mo tion to adjourn today that hns been granted by the court. Wo began this trial on the the ory that It would be the trial of n criminal case beforo a court and Jury but because of tho constant objection of the proHucutlon to at tempts of the defense to lay any of our attacks before tho Jury, the Jury throughout the pnst week has only been In (he court room about 3 hours. "The rest of the time the Jury has been compelled to hear the case of the defense tin ouku me newspapers and amplifiers. "Nothing has happened, how ever, throughout the trial and noth lng will happen before the trial le over that will surprise the defense Our highest anticipations will have been realized," VON hindenWsigns REVALUATION MEASURE Uerlin, July 17 ( A.P.) Pres ident Von lllndf-nburg has BUne-l the re-valuation bill passed by ihe Reichstag Tuesday providing for tho cxchri:i;,'o of German war tlm and prewar lonr for a new toi-.e I equal to 8 per rent of tho orlglr.nl 'loan FAIR TONIGHT , And Saturday, slightly cooler Saturday In east portion; moderate NW winds. Local: Max., 93; mln,, 56; rain, none, river, -1.2; atmos., clear; wind, NW. BULLET THRU BODY FAILS i iff Juvo i C I'KK, iasty, 45c ) " Pz . Arohle W. McKillop, Hoye ot tho state printing de partment, attempted to commit feuiclde a few minutes after 11 o'clock today by shooting himseit through the body at the rooms of himself and wife at the Palace Court apartments, 249 south Cot tage street. He was rushed to the Salem hospital, where, early thia afternoon tho physicians who op erated on him said he had a lair chance to recover. Left Note to Wife McKillop's act is believed to have been caused by domestic trouble. This is Indicated by in formation gleaned by police offi cero who investigated the case Immediately after the shooting. A note written by McKillop, though having no ad (frees on it, was ev idently intended for hlB wife. said: - "This Is enough to pay all we owe and a little over. I love you." The note probably referred to in surance papers which were found in the apartment. Mrs. McKillop Is also a state employe, being employed by the state Industrial accident commis sion. They were married less than n year ago. McKillop was In Portland yes terday In attendance at the na tional Hike convention. Called Wife Home According to information from tho police, McKillop today. Just before he turned a .25 calibre re volver upon himself, called hie wife at the state house and told her she had better come home, though offering no explanation. Before her arrival he fired the bullet through his body. The shot was heard by Kenneth Bell, another state employe who Is a tenant, of the Palace Court apartments, and he rushed to Mc Killop's aid, also calling a physi cian as soon as possible. An examination at the hospital showed that the bullet entered near the center of the abdomen, a little under the breast bone. It perforated neither the stomach, nor the bowels and lodged juet under the skin about three Inches to the right of the spine. The bullet wos removed by the physi cians. Apparently the greatest danger from the wound Is hemorrhage. McKillop Is a eon of Mr. and Mrs. A. B. McKillop, 670 Union street. Mrs. McKillop was form erly Miss Florence Varley. LITTLE BETTER Th" condition of Miss Catherine Hallen of Portland and Mini Eva I lopkfns of Hnlnrn, who were In jured when an automobile In which they were riding ran Into a train at Deny station. Polk county, early yesterday, was mill reported seri ous today. Miss Hopkins received a broken leg nnd severe body lac erations, and Miss llaltzen Is be lieved to have a fractured skull. C. J- Ball of Ua 1 1st on received a broken ;trm and broken nose, and A. McKabln of Salem, driver of tho car. was bruised. FIRE DESTROYS MOST OF WASHINGTON TOWN White S-.lmon, Vnh.. July It. A.1) l'h-e ci unknown orls'n curly today destroyed a consider able pnn ot ninfen, Wash., two mm and a ha,, mllof. enBt or aqre. HullilliiKfl dcHtroicil are W. C. Henry, Kiin-ral nxotchamllae, IMuba e.nfo, (iaaKIU restaurant anil L oequo rea'i'encR and a number of small dwelling Deapcrnto wor'.t on the put ot the volunteer lira department taved tha town trom rimlrnctiO'V Nt emlmate ot tha loi has bten announced.