THURSDAY, OCTOBER 8, 1925
ST LOCALS
Henry Walker of Portland has-
purchased tho Soos Scavenger. er
vice and hua contracted for vlO.OOtr
new equipment, Including modern
garbago trucks to render beat noh
siblo, service, Ho is moving here
with his family to make Salem his
.future home. .
The public le invitoil to atti'Ud
a free lecture on Christian Sci
ence by Hon. Win, 13. Urown, C, S,
B. of Lo Angeles, California,
Memhor of the Hoard of Lecture
ship of tho Mother Church, The
First Church of Christ, Scientist,
hi Boston, Massachusetts, at tho
senior high school auditorium Ha
lein, Ore., Thursday evening. Oct.
8, VJ25, nt 8 o'clock. 210
Want used furniture, phono 75.
Ilena GOc ouch, phone G2F2.
240
Verno Anderson of tho Used Car
Corner of Salem has received u
wire from La Grande informing
him of nn addition to his family
late lat night. The new arrival.
a girl, has been named Beverly
Jane, The telegram stated that
mother and daughter wero "both
doing nicely."
Or. Marshall, osteopath, Or bid
Closing out our complete linn
of ready to wear, all coats and
dresses at wholesale price. Come
early while our stock ifl new and
up to date. Mrs. II. 1'. stitu, 33
State.
Tho flr.st meeting Ihia year of
the board of directors of the Sa
lem Y. M. C. A. was held at tho
Y. M. C. A. rooms this noon. The
year fnr the Y. M. C. A. clvsv
September 30.
Now li the time to ' buy the
best and liveat newspaper in the
otate The Capital Journal, by
mall only In Marion, Polk, Linn
and Yamhill counties at bargain
rates, ?3 per year in advance.
The mi it in circuit court. Dr. O.
L. Scott vs Dr. II. R. Scofield to
reolevin an electric sign has been
settled out of court. Dr. Scott re
turning the properly to Dr. Sco
field.
Love, tho Jowaler. Salem.
A default order has been enter
ed in circuit court in the case of
Mellie South against YV. II. South
The Capital Journal by mail
only at bargain ratee ?.1 per year
In advance.
' Decree to quiet title has been
enured In circuit court in the case
of ICcnnclh Griffith ngaliwt I. E.
and Sarah Roberts.
Vinegar applca wanted. Gideon
Stolz Co., near corner Summer
and Mill. Saeka furnished. Phone
2G.
Petition has bene filed in circuit
court by Bertha H. Marsters to re
quire the guardian of Roy K.
Mars t cr?, Insane person, to sign a
deed selling property in Douglas
county betoning to Marsters. The
petition states that Marsters Is In
curably insane.
Evergreen ehruhs, bulue, peon-
too Iriu Pn-ireV ltl'IW.. 17S S
Commercial St. 3-4 block south
of La Id and Hush. 244
An order has been entered in
probate confirming sale of prop
erty of tho T. (I. Bllgh estate in
Cartwrlght addition to O. J. Bur
ger for $3500.
The Capital Journal by mall
only at bargain rates $3 per
year. The only paper that exposes
craft and corruption read it
once, read It always.
Certificate of assumed business
name has been filed with the coun
ty for the J. F. Ulrlch and E. K.
Roberts for their business of Ul
rlch &- Roberts nt 122 North Com
mercial street.
The Canital Journal leads In
circulation and advertising. U
gives later news In Marlon and
Polk counties than all other eve
ning papers in the state $3 per
year by mall only nargain.
Count v Superintendent Fulker
son went to KIkhorn tod;iy to visit
tho school there.
Opening dance Scliindlcr hall
Sat. night. 212
Dr. O. A. Olson, in answering the
da mace action brought against
him by James Ingles, charging
him with pour work In extraction
of nine toerh, denies the allegations
set furlh by Ingle, and for his
defense declares that on nccount
of the plaintiff's age, and decayed
and. brittle condition of the teeth
i Motel Blitrh Arrivals
Portland. F ft Cleaver, C O
Church. Alfred Williams, Henry
P.a rn u m, Mr and Mrs Lloyd K
Orirrith, W A Scott, Keg P.f-alrsln.
William Thomas, Mrs CJvirles
flreon, M'ss Itly Jeans. Miss Jenn
Do la Taste, Miss I'mikie Do df;e.
Mr and Mr Ralph W Portier. Miss
Tilly La Voile. Ray P Wilkinson.
CT K Shaw, William Jensen, Henry
Melville; Salem. M II Hendf rfhott,
Sam Pernor, Robert Day: Kupene,
Mrs Mary K Warren, Miss May
Warren, Miss Evelyn Warren; To
ledo. Dr and Mrs I lor man Knuff
inan, Mis Eugenia Kauffmnn;
Mtayton, Theodora Mlnden. Oenrge
M I'enron: lone, H C Wood; Ar
lington. S M Tiurnclt; The Dalh-s.
Mr imd Mrs Edward L Martin;
Mill City. Theodore L Roberts;
A.Htori:i, John Krickxon; Seattle, IJ
C Spa tit. Mr and Mrs Fi'rd Me7ici.
Mrs (r!, cobson, Mr nnd Mrs
Al Morrtssey; Walla Walla. Mrs
F Rusfell, V I) Unwell. Miss Ar
leen Onriolt; Spokane, O D RMey.
Georgft Roberts, Edward E ier
rlck, Fiank It Orton; Minneapolis.
Minn. C E Peterson, E Anderson;,
Cleveland, O, Mr and Mrs James
J Dtenmii.
and aofine.sa of his gums It wua
Impractical to extract all of his
teeth at one time. Consequently,
he slated, he made an arrangement
with tli plaintiff to return in two
weeks and at such other times ais
might be necessary to finish the
job, Ho soya tho plaintiff never
came back and charges the proxi
mate cause of tho plaintiff's con
dition waa his own failure and
neglect to return and have tho job
completed.
2 furnished or unfurnished
ants, on State street, over Vege
table Corner grocery - for rent,
brand new, roomy and light, elec
tric ranges, hot water heat. J. D.
Hartwell, 1312 State. 240
William E. Elder, 21 and Alice
Wagner, IS, both of Salem, were
granted a marriage license at Van
couver yesterday.
Special 12 shine ticket $1.35.
fw ftblllinir n:irlni nt rinmlrnn-
Shoe Repair Co., 291 X. Commer
cial. 240
A building permit has been Issu
ed to J. W. Wiegand for the erec
tion of u dwelling at 2445 North
Church street to cost $3000. It. W.
Craig has reeeived a permit to re
pair u dwelling nt 1 21 G Court street
to cost $400. Charlo. Heath has
received a permit to repair a
dwelling at 1045 Norway street, to
cost $600, and A. J. Barham a per
mit to repair a dwelling at 440
Division to cost $500.
$250 Victrola now 5120. See
our windows. Gicse-Powers
terms. 240
Mrs. L. J. Hatch of McMIun
ville wna in Salem visiting friend;
today.
Free, old flooring cutifuMp fnr
firewood, free for hauling away.
i-earcy liros., 17S S. Commercial.
210
Mrs. J. A. George was in Salem
tins morning. Her home Is
Albany.
Mighty Blue, a fox trot. See
Stiff s for records. 240
Mrs. L. Siuail, resident of
Scio, was a Salt-in visitor today.
B. P. O. Elka attention, 4 fast
wrestling bouts including Roll
out neeu, winner oi international
championship. 240
R. W. Hassler of Scio was In
Salem on private business thie
morning.
B. P. 0. Elka, 4 wrestling
matchea tonight for all Elks. 240
Mrs. Kittle Smith of Mill City-
was in Salem this morning.
All Vlctrolas, all models, anv
finish, all new stock selling less
than cost. See our windows. Oiese
Powers, terms. 2 10
J. F. Jarvls of Corvallis was In
Salem on private business Wed
nesday.
Vlctrolas, less than cost, $110
machine now $5!. See our win
dows. Glesc-Powers, terms. 240
Mr. and Mrs. W. V. Vatos of
luitiuue were in saieni yester
day. $100 Victrola now $52.50. See
our windows. Giesc-Powers,
terms. 210
C. II. Rider of Mill City was in
Salem Wednesday.
Auction 6ale tomorrow. 10
mile north of Salem on Wheat
land road, Bert L. Jones, owner.
2 new radios, grey enameled Uni
versal range, ruga, high grade
furniture, 3 cows, 2 brood sows;
many other things. If you want
real furniture, be there. 1:30 p
m. F. N. Woodry is the auction
eer, phone 611. 240
Mr. and Mra. S. Ringhoffer of
Walla Walla, who have been vis
iting in Salem for the past two
weeks, yesterday returned to their
home.
Fridav night dances Derbv hall
112
Expert haircutlii.g. The Bob
Shoppe. 241
M rs. M a ry B. Fess I e r. ret I den t
of Mt. Angel, was a Salem visitor
Wednesday.
To Universal electric stove us
era: Miss Murdoch, factory
demonstrator of the Universal
electric ranges, will be glad to
have you call anv day this week.
Stiff's Furniture Co. 241
A. E. Shoemake, resident of
Rorlland and returned from a
trip to' Europe this wee If, was in
Silem on business today. "One
third of the tourists in Europe
are American school teachers,"
lie pays. "Another third of them
are Israelites. " With a party of
four other Americans, Mr. filioe
make covered some 4000 milre
while on the other pide of the At
lantic, going much of Hie way
by automobile, which they hired
at prices ranging from $15.50 per
day to $50 jut day, including the
driver. They visited most of the
western front.
Trade in your old stove on a
new one. Stiff's. 212
Claimed to be the largest meet
ing ever held by the Pacific Wood
men Life association in tho Flat
of Oregon. Capital camp No. 1 will
meet in Salem tonight. Members
of camps from Portland. St. Hel
ens. Vernon ia. Dallas, Philomath,
Corvallis, Eugene and Junction
City will be present. The meet
ing will be held at Fraternal hall,
240 North Liberty street. State
Managers J. P. Murray of Wash
ington and F. A. Beard of Oregon
will be present and awdft in the
work. A banquet will be served
following the meeting.
TRIBUTE PAID
Pittsburgh, Oct. 8 Five minutes
before game time Umpire Owens'
called the two clubs to the plate:
where they lined up. The players
of each club wore mourning bands
on their left arms for Christy I
Mathewson. Led by a band of two!
clubs in parallel lines marched 1
across the1 field from the home
plate to dcop center field, where
exercises were held briefly in hon
or of the late president of tho
Boston Braves. There was a sol
emn hush among the fans as the
two clubs faced each other in t lie
field. The band played Nearer
My God to Thee, whilo the Im
mense crowd stood standing with
uncovered heads. Tho band then
played the Star Spangled Banner
while the colors wero raised and
then brought back to half staff.
The two clubs then lined up and
marched across tho field while the
crowd broke into a big cheer. Uni
pire Owens then called tho players
to tho field and everybody arose
and cheered as Sam Rice went to
the plate.
The 33rd annual session of the
Columbia river conference of the
women's foreign missionary soci
ety of the Methodist Episcopal
cnurcii opened here today. By
noon 102 delegates had been reg
istered from Montana, Idaho,
Washington and Oregon, the four
states which the conference In
cludes. Mrs. C. W. Henderson of
Portland, recording secretary,
opened this morning's session.
Among those assisting in this
morning's meeting were Mrs. E.
A. Stephenson of the First Meth
odist church, Seattle; Jlrs. H.
Lester Smith of Helena, Mont.,
and Bishop W. O. Shepard ot
Portland. Mrs. Smith is the wife
of the former bishop to India
Bishop Shepard pronounced the
benediction to the devotional ser
vice. All Vlctrolas, ail models, any
finish, all new stock selling less
than cost. See our windows. Cicse
Powers, terms.- 240
An overabundance of enthusiasm
shown by the crowd in the gal
lery of the Heiilg theater last night
resulted In a call being sent for the
police and two members of the
crowd being ejected. Nearly all
the persons present, including the
paiticular two thrown out, are said
to have been Willamette univer
sity students. College ongs and
even yells featured the program,
which began at about ?:30and con
tinned up until nearly time for the
play to begin, it is reported. No
complaint was made of noise dur
ing the time the play was being
presented.
Opening dance
Sat. night.
Sdilndler Jiall
24
Dr. Brewer of Stayton was In
Salem on professional business this
morning.
$350 Victrola now $120. See
our windows. Clicso-Powers,
terms. 210
Mr. and Mrs. J. S. Blodgctt of
Dallus wero in Salem today.
Two" births reported to the of
ficc of tho city health officer yes
terday were as follows: Mary
Joanne, born October 1 to Mr. and
Mrs. B. C. Hall, who live on a
farm near Gervais. Mclvln Lynn,
born October 4 to Mr. and Mrs.
Harry E. Sines, of Salem.
Win nrnmntinn in vnnr nrncr.nl
position by learning more. The
nignc scuooi at nie capital Buel
nesa college will afford the op
portunity. Start at the beginning.
Office oneil niirhfa tlm rnmln,li.i
I of the week for registration. 210
Mr. and Mrs. McCorkle and their
daughter, Volma, were in Salem
yesterday. They are residents of
Brooks.
Vlctrolas. less than cost, $110
machine now $55. See our win
dows. Ci iese-Po wera, terms. 2 4 0
Thomas McClelland of Forest
Grove was In Salem todav.
Work was begun at the office of
tho city superintendent of schools
compiling names for the teacher's
directory today. The directory will
be off th? press In about two
weeks.
$100 Victrola now $52.50. See
our windows. Close-Powers,
terms. 240
Definite an noun cement was
made Him morning that the font
hall Hit between Willamette uni
versity ami Oregon normal school
slated for next Saturday, will be
held at 9:30 o'clock in the morn
ing. The normal srhool Is rated
about on a par with Linfield col
lege, who will he met later in the
spason. Coach Rathhun of the
university states. "Pig Bill"
Muilra. who hna been out to prac
tice Tor the past three nights, will
he in Saturday's game. Other
tentative changes In the lineup,
as announced todiy by Rathhun.
include putting Waddil 1 at htlf
hack and Muniford at end. Both
are new men, and are said to
have shown up well In the OAC
game to warrant giving them an
other chance Saturday.
A representative of the Port
land Clearing Hnuso association
today requested Governor Pierce
on behalf of the association to de
clare Columbus day, Oct. 12, a
legal hnli'.u . The nmocial ion Is
of the opinion that the law in
tends the day as a legal holiday,
but the statute Is not clear. It Is
understood that the governor will
ask Attorney General Van Winkle
for an opinion before reaching a
decision.
Mltchel Field. N. V., Oct S.
(A. P. ) Basil P. Howe of Key
port, N. J., piloting a Thomas
.Mors plane, won the two-water
free-for-all race which -opened the
national air races today. His tim
for the 100-mile course averaged
102.9 miles an hour.
THE CAPITAL JOURNAL, SALEM, OREGON
F!
One of the best and most enter
iuiuing shows to co mo to Salem
over tho Association Vuitdevilk
lour will he seen at tho Heilig
thou tor tomorrow afternoon and
evening. The 'evening's entertain
ment, includes five excellent acts,
nliort subjects und the Heilig thea
ter concert orchestra, which will
play one concert number.
One of tho contributing factors
to the pheuomenal success of Car
son brothers und Mario in their
"Dance A-La-Cruphouola," is I he
fact that each member of tho trio
is u creator of u dance step. Willi
so much originality combined into
one program it Is small wonder
that tho act is more than a "little
diferent"-as ihoy modestly state.
It is different and strikes a new
note In tho world of terpsichoreuu
symphony. Carson brothers ma
nipulate four feet that just will
not behave and Miss Murie Is an
attractive little e.rtiiit very capable
and dainty.
The xylopone, more so than any
other instrument demands that
the virtuoso possess a warm tem
perament. It offers unlimited pos
sibilities. Winifred and Lucille,
two dainty senoritas from sunny
Spain, with black Clashing eyes
aud raven locks have the requisite
temperament for bringing forth
from a xylopnone the purest melo
dies. Their program is replete
with popular, jazz and semi-dassi
cal numbers and to each rendition
they lend a hit of their scintillat
ing personalities.
A little dog seated on his mas
ter's shoulders and balancing a
full grown man on his own head is
exactly what little Bobby, the
'strongest dog in the world" do?s
in the act of the DcKoe Trio, the
'human jugglers " At the close
of the act he leaves the stage wag
ging his abbreviated tail, appar
ently in pleasure at the apprecia
tion shown by the audience. The
DeKoe Trio also does some won
derful hand to hand and head to
head balancing along with numer
ous other athletic feats. The li ttlt
French poodle has good claim for
damages in. not being Included in
i tie "trio" instead el trailing along
as a no account side dish.
A beautiful girl la often the
cause of an otherwise conservative
and rational man developing into
a "nut." Charles Lelaud, a very
capable comedian, and Miss Rcna
St. Claire, through the medium of
song, tulk and dance, illustrate
the foregoing statement with their
present successful vaudeville skit
"The Nutand the Reason. '
Miss Mlndell Kingston and
George Ebner will have a corking
good act which thoy call "Tlvis and
That." It gives Ebner an oppor
tunity to do soma unusual inutu
tions of horns. He Is declared to
be an excellent comedian. Miss
K Ingston wilt be fou n d ea sy to
gaze u pon , and ;;h o possesses a
good voice. Both have material
and personality to score decided
hits.
SUBSCRIBERS TO
LINEN ILL STOG
WANT TO PAY UP
With a number of subscribers to
the new Oregon Linen Mills, Inc..
coming in and asking permission to
pay up their entire stock subscrip
tions at once and with new sub
scriptions coming forward volun
tarily asking for subscription
blanks, things continue to look
rosy for a rapid progress toward
getting actual work on the mill
under way.
The bonrd of directors of the
mill have not decided as yet wheth
cr or not they will accept ubscrlp
Hons In full at this time, or only
take payments on subscriptions as
the board calls for them. Inasmuch
as the 7 per cent Interest on the
preferred stock does not commence
to run until the stock shares are
received there Is a desire on the
part of some to pay up their en
tire subscription so that Interest
payments wilt start. Tho board,
mi the other band. Is not certain
Just how soon it will need nil the
money and may decide not to ac
cept payments in full now so nn to
avoid the earlier Interest pay
ments. It Is likely the board will hold
its next meeting about October 12,
or a short, lime after tho flr.st pay
ment of 10 per cent is due to be
In on Orfober I a. At that time it
will bo known just what per cent
of the first payment Is in. and If
the pay men ti nro heavy enough it
Is likely definite action will bo tak
en at once toward selection of a
manager leading up to t lie selec
tion of a site for the mill.
LEADERS CHOSEN FOR
BOYS AND GIRLS CLUBS
fiorlen Simpson and Fnye Wolz
were chosen leaders of the boys
and girls' booster organizations nt
Salem high school nt a meeting of
students at the high sthool yes-,
terday afternoon.
The organization of clubs
throuKhout the school will be con
tinued next Tuesday morning.
Principal N'.-lson announced today.
Kach roll room, or first period
room, will form Its own organiza
tion and select the leaders for Its
hws and girls, the leaders being
formed Into an organization of
their own.
A faculty toco ting will be held
Monday evening, teachers of the
hii(h school cont;dei ing the mat
ter of new clubs In the school.
ELKS 10 SEE
r Robin Reed, wrestling coach of
O. A. C, will ha lu Salem tonight
with a bunch oe his boys to put
on an exhibition for tho benefit
of tho Elka ut their new temple,
arrangements having been made
tor eight of ins best boys to be
hero for four bouts that will take
about 40 or 50 minutes of actual
competitive exhibitions. Included
in the group ara several champions
in the group holders ot city, inter-
couegmte, state aud Paciiic north
west titles, Reed writes.
The bouts will he Ua follows:
Al Petallion, O. A. C. ltobj,
L'-gainst Harold Ainsworth, Corval
lis high school, at 12S pounds.
Petal! iu is a Multnomah club
wrestler. Ainsworth won the
state high school chanupouship for
two consecutive years In addition
to the open A. A. U. championship
at I'ortiana last year.
Harold Cariyle will meet Had
dock, both candidates fur tho 145
pound berth or. the O. A. C. squad.
Haddock has had two years' train
ing and Carlylo three years and a
bout full of action and fight Is
promised.
Powell, 175-pound varsity man
will meet Frank Byran, 158-pound
varsity. Bryan is Pacific north
west intercollegiate champion and
captain oE tho O. A. C. varsity
team, while Powell holds three Pa
cific A. A. U. championships.
Talbert against Pubnls will fur
nish the contest between heavy
weights. Othor features may he added.
ILEILUX
San Francisco, Oct. 8. The ex
tensive hohthiKS of Miller nnri
Lux, Inc., comprising aiiproxi
niatcly 800,000 acres of Cull
fornia land, oro to be divided and
placed under cultivation, a ayudi
cate of bankerB announced hero.
Cultivation and development of
the properties, estimated to bo
worth $50,000,000, will be
brought about through tho Isbh
ance of $25,000,000 in bonds
during the first part of next week
by tho syndicate beaded bv Peirce,
Koir & Co., and Dlyth, Witter &
Co.
The Miller and Lux company
also own 200,000 acres of un
cultivated land In Oregon and Ne
vada which is to be Included In
tho development plan.
Practically all of the properties
have remained Idle since their
acquisition by the late Henry Mil
Ier, cattle nnd land baron, from
hpnnlsh grandees' during tho early
uays oi (.aiirornia.
OTS DIVOHGE BUT
'(J
Mildred E. Hamel, In seeking i
divorce fro n Dewey K. Ifafnc!
Charges that hnr hutthnnrt numl In.
toxica ting liquors excessively for
two years, that ho had been ar
rested and lodged In in ii fnt vio
lation of prohibition laws and that
no n a u urougnt other similar Inw
Violators ta tho honsn nn.l
them there much to her humilia
tion. Mio also charges he used
nllVSical 1-folpllCA n n".nUt l- ..
that he was Insolent and domineer
ing.
She declares that although her
husband 1a an ablo horitH nf..in.n
ie, capable of seeking a good liv
ing sue wants no alimony and
wan (a ho maiden name of Wlnshlp
restored to her. They were mar
ried At VnnCOIlVlr IViialilnHnn
July 0, 102.
WITNESSES
. PUT BLAME
ON MURRAY
(Continued from 1'age Ono
started to run around tho corner
of the building toward the turn
key's office. Then Murray turned
aud followed close behind Jones.
Crawford said he then shouted
Break!" and ran Into his office
in the basement portion of the of
fice wing, directly under the
warden's office. From there he
went back into tho dormitory un
der the turnkey's office.
when he entered tho dormitory
Crawford said ho heard scuffling
in I ho turnkey's office Just, above,
closely followed by shots appar
ently fired In the turnkey's of
fice. Asked how many shots
were fired Crawford said ho did
not know.
"There were a lot of them, hut
I could not nay how many' lie
aairt.
Puns Un Stairs
Immediat'-Iy of I it I ho firing
ceased Crawford ran upstairs and
into (fie tu ri key's office whore,
he said, he found filings in general
disorder. On the floor were three
riflr, a revolver anil fit) sixty
cartridges, some of them loaded
some einpiy. Tho nrnenal in Iho
northwest corner of the room was
wide open and tho keys were
hanging in the door of the arseixil
in tho northeast corner.
Tlie lower half of tho window
looking fut upon tower Nn. t had
been shattered by bullctfi," Craw
ford Raid.
Krom the turnkey's office Craw
ford said he proceeded to lower
No. I where he found fluard
Sweeney lying dend upon I he
Door just Inside t ho door. On
tho floor a few feet from him lay
i revolver, nnd to one side was a
pool of blood.
Crawford was unshaken lu hi
testimony under cross examina
tion.
J. 8. Murray, chief clerk at the
prfton, was also on the stand this
mornlnHf to Iden'lfy Murray and
his- companions In the break fls
rerularly committed convicts at
the prhon. The slfempt of the
tUu.i' to ciiUhlUh through him the
fact that Murray had escaped;
twice previously waa resisted by j
the defenso, and the state aban
doned this tact for the present.
Warden On Staim
When the noon recess was
called Warden A, M. Dalrymple
had just taken the stand.
The little court room was
crowded to its seating capacity
this morning and there wero sov-
eral people waiting In the hall
way to get In. Among the spec
tators wero Bishop William O.
Shepard and Hev. V. W. Young
son, Methodist minister of Port
land, who occupied front seats.
Murray was more cheerful this
morning than at any time during
the trial so far. A3 he passed out
of the room between two guards
at the noon recess he motioned to
ward his father and mother in the
front seats and smiled broadly
making a gesture of elation.
In keeping with the surprises
and thrills which have marked his
entire career of crime the defense
of Murray did the unexpected again
in outlining their case yesterday
afternoon.
Instead of basing his case upon
extenuating circumstances and
ccking a verdict less severe than
first degrco murder, as had been
Intimated In his opening state
ments and generally anticipated,
King told the Jury that he expect
ed to present evidence substan
tiating an acquittal on the grounds
that Murray was so mistreated and
persecuted during hla confinement
in the prison as to place hie life
In Jeopardy, and to justify him In
seeking to escape even nt the cost
of taking human life to secure his
liberty.
King in describing to the Jury
tho various degrees of murder and
the verdicts they were authorized
by law to find, explained that there
wero extenuating circumstances
which, If not justifying acquittal,
would amply support a finding ot
guilt of second degree murder or
manslaughter.
King submitted that ho would
provo that ftturr.iy and his com
rades, KN.swoith Kelley and James
Willos, were undor the influence
of Merrawanna, a drug placed
within their reach by tho prison
authorities through negligence, at
tho time of their break, and that
Murray might have been Influenc-
ln his past misdeeds by tho effects
of a blow on the head when ho was
about 14 years old.
lie described Murray as tho nor
mal son of a good nnd respected
family who had been forced into
an unhealthy environment by the
war, nnd who had become a vic
tim of bad associates.
Supporting his contention of
Justification for tho attempted
break and the murder of Guard
John Sweeney, which murder the
defense- refuses to admit, King
pointed out that that Murray bad
at various tlmea been confined to
tho "bull pen" for roal or Imag
ined offenses against prison rules,
that one of the guards ovor the
"bull pen" had a mania for kill
ing and a record of having killed
five men, Including one prisoner
In the "bull pen"; that two shots
had been firad Into Murray's cell
in tho "bull pen" by guards with
out caupo or Justification, and that
convicts confined to 1 lie "bull
pen" wero in constant fear of their
lives.
"It wa.s understood among sev
eral of the convicts, anil tho de
fendant had been so informed that
six of them had been marked to
bo killed upon the slightest provo
cation," Judge King told the Jury.
"Simply because there are laws
which make Jail breaking a felony
it does not follow that one la not
Justified In defending one's self
from even nn officer of tho law
to escape death.
"There Ih no evidence here to
show that any conspiracy did ex
ist which premeditated killing.
Condi tloim existing at the prison
not only Inspired but encouraged
attempt at escape. The state was
negligent In not providing safe,
guards against escape. The only
shots fired in this break wero those
necessary to secure their liberty,
and not one shot wan fired after
they got outHlde the walls."
Examination of witnesses yes
terday afternoon was confined to
establishing the corpus delicti. The
only challenge of evidence offered
by the state came when tho de
fense object ed to the Introduction
of a 32-20 bullet Identified by Dr.
W. Carlton Smith as tho bullet
taken from the head of Mr. Swee
ney, and which the state nlleged
was fired from the gun carried by
Murray, Tho objection was over
ruled.
Oilier v. iincsscg examined yes
Died
MATTK.V Cieorgu Cornelius Mal
ten, Jr., died Oct. 7 at tho age
nf three months. He Is surviv
ed by bis father, George Cor
nelius Mutton, his mother, lies
ie (Kdge) Malten, and hit;
Ier, Mary Klizabet h. Funer
nl fiorvlre will be held Friday,
at 2:30 p. m. from WebbV
funeral parlors, Rev. J. .1. Kv
nn official ing. Interment City
V iew cemi tery.
DOAN'K - In Hits clly. Oct. 7. Mrs.
Kliaabeth Doane, nt the age of
5 1 yea i-H. T h e re m a i n are a I
1 he Iligdon mortuary. Funeral
announcement will bo imid'1
later.
INCItAM - r this rily, Oct. 7,
Mm. Arlie Ingrain age 10 years.
The remaln are lu the rare of
tho Kigdon &. Son mortuary
a n d f 11 n era I a n 11 on n ceme n a
will ho made later.
MA NKFIKM) At the n!dence
of her daughter, Mm. G. II.
Deacon. Mrs. Manna A. -Matm-fleld
died at the ago ot 7fi
years on Oct. 7. She was the
mother of Mia. O. H. Deacon
of Halem, Mra. Charles . Hush
of San Fra ncimo, Clyde J.
Mansfield of Vancouver, W11.,
William II. Mansfield nf Seat
tle, Clarence L. MaiiHfleld of
Hverett, VV11. A slfUer, Mra, C.
J. Hurifon of Gold lllll, nnd two
hrolhora, Clifford .1. Holla of
Monroe and Will Kolls of Cali
fornia are also living. Mrs
Matmfleld Is also survived by
10 grandchildren. Funeral ser
vices will he held Saturday.
Oct. 10 at 3 p. m. from the
Itigdnn mortuary. Interment
CI ly View cemetery.
terday were George H. Welgel, who
Identified photograph he had tuk
en of the scene of the escape:
Lloyd T. Rhjdon, coroner and Karl
A. Paulson, undertaken.
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PAGE NINE
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