Me Mail Tribune DFOKD The Weather Maximum yesterday 78 Minimum today 46 Prediction Rain. Oally Sixteenth Tear. WekJy Fifty-First Tear. ITEDFORD, OKEGOX, THURSDAY, OCTOBER '20. 'litl NO. 181 BRUMFIE D FOUND Ti J 'i ' -I '' if IRON NERVE OF T FINALLY After Maintaining. Self-control Following Verdict of Guilty, Brumfield Breaks Down As Wife Calls On Him in Cell 'Brace'Up Says Wife, Tm Going to Fight It Out Case Will Be Appealed. tV ROSEBURG, Ore.. Oct. 20. The iftori nerve of Dr. R. ; M. Brumfield, inhibited during the trial which end ued last night in a .verdict convicting him of first degree murder, for which 'he will receive . the death sentence 'bj'oke this morning In- jail when his Vf lte arrived about- 9 - o'clock bring ing with her a clean -shirt for him. ! lie could not' 'speak to her.' "Brace up," she said with a smile. ;"fh!s thing Isn't through. . I'm a fighter and I'm going to fight it out." Tears ran- down the convicted man's -face. ' He told the sheriff he Sbuldnjt standlt any tonger.' ' . . jjif Application fora" MoV trial, : appeal iond "everything possible," . will be ijriaHO InjBruirifield's behalf, his attor ney's announced today 1. .. . (-. 1 ;.. Jury Unanimous pfJurors'Said today they first took a - ballot to decide whether thi body !feiund under Brumfleld's wrecked au itomoblle on thff MelrOBe road on the night of July 13 was that of Lienuls Russell,- whom-Brumfield was alleg ed to have . murdered. . The ballot '. said It .was. -. . . ' ? i Then they voted to 'decide whether Brumfield-was sane or insane on that night. The Ballot self) he was sane. Then, af to a ,oareful. examlntlon of all 'the exhibits end a general discus sion, of the evidence another ballot was taken- to determine .whether Brumfield was guilty or no" Every ballot said guilty, I ' ItiLsh to Coutyhouso ' ; When the jury announced at 11:25 last night that It was ready to report word was sent to Judge G. G. Bi'ng-j ham 'at his hotel and to the attor neys. Some spectators at the trial had remained in their seats during the waiting hours, hut as soon as the word began to spread the room filled with people, some of whom had ap parently left their beds hurriedly and rushed to'tho .court room without paying much attention to dress. Brumfleld's two brothers arrived and stood In the doorway. Mrs. .Brum field had not yet reached the court when her husband was brought Into the room. . ' The' Jury filed in slowly. Judge Bingham asked .theni .if they were ready to report." for a while no one spoke. Finally. W;E.' Cllngenpeel, a farmer of Looking Glass, who had been elected foreman, said one word in 'reply to the judge "yea.", ' Then he handed up the verdict. Judge Bingham looked at It, read It over slowly to himself, then handed it to County Clerk Riddle who read it aloud. It was over when Mrs. Brumfield came in with Miss Venita Ellenburg, former nurse with the family. She sat down by the .side of f Continued nn faae ElKht) ' DENTS n JAPAN SINCERE IN DESIRE FOR PEACE . HONOLULU, Oct. 20. John Hays (Hammond, mining engineer, arrived from Japan today suffering from an attack of ptomaine poisoning con tracted during a three months our of Japan. Mr. Hammond's condition Is not serious, although he is confin ed to his stateroom. He will con tinue his journey to the mainland to morrow. - , - . That the business men and finan ciers of Japan are sincere In their ex pressed desire to maintain peace in Cuts Off Sisters in Will; Gives Estate To Maintain Cats i NEW YORK, Oct. 20. Cats all over -the world will benefit Irom the $GO,000 obtained by the sale of the Ewen homestead hero. Miss Caroline Ewen, who occu- pied the property for years with her two sisters, had a passion for caring for cats. She devoted her llfo to establishing sanitariums and relief organizations Tor stray cats and when she died left all her estate, save $500 for carrying on the work. She cut off her two Bisters in her will because -they were not sufficiently enthusiastic about cats: .' TENSE SCENE Defense Calls As Witness Porto Rican, Who Married Defendant's Daughter and - Caused- Shooting Not a ' Word Said, But Color Noted. BIRMINGHAM, Ata.. Oct. 20.-Tak-ing of testimony- was. expected '.to be completed today in the trial of. the Rev; Edwin It. Stephenson who . is charged with -second-degree murder-in connection with the shooting of Father James E. Coyle, Catholic priest,' Aug. 11. ....... ,;-v- ' Yesterday's session, marked : by many tense situations, was brought to a dramatic close by the appearance be fore the jury of Pledro Gussman, who as a communicant of Father Coyle's church, was married to Stephenson's, daughter by the' priest . . . Stephenson had concluded his narra tive of events which led .up' to the shooting and had described the man ner in which he slew the priest when he was interrupted by Judge tlugo D. Blaok, chief counsel for the defense; ,"Mr. Sheriff, call Pedro GuBsman." Gussman wastcalled. "Walk before the jury." Judge Black commanded. Gussman without show of emotion, stood before the twelve men In. whose hands rests the fate . of his father-in-law. "That will do," said Judge Black; ."Bring him closer," broke in a juror on the back row. ' ; . The sheriff instructed Gussman to return. He walked-within a few feet of the jury box. Not another word was spoken. He stood for a moment, turned on his heel and left the room. Mrs. Gussman testified at the preliminary trial that he was a native of Porto Rico, Itwaj the first time in the his tory of Alabama criminal procedure, legal observers said, that a witness had actually been called before a jury without speaking. . ..... ... , ? The minister proceeding with Ills 'statement said he went to the rectory in search of his daughter, not . knowing that she had been married. Convers ing with the priest he learned that his daughter had been married by Father Coyle tb Gussman and he then told the priest "you have treated me as dirty as a dog in marrying my daughter to a negro." , The priest told him not to repeat the statement. He repeated it, whereupon he said, the priest grabbed his belt, struck' and kicked him, and reached for his hip pocket. "I shot him then," said the minister his voice breaking and tears coming in his eyes. . the Pacifc, was the opinion expressed by the American Mining expert. He pointed out as an argument in sup port of this' conclusion that the United States buys four times the amount of goods from Japan purchas ed by the remainder of the world. "The military element In Japsn still must be considered," Mr. Hammond said, but Its 'adherents are amenable to reason, especially owing to., the achievements of the United States In I he world war. Also the pacifist ele ment through the country is strong. MURDER TRIAL OF MINISTER STRIKE CAN BE SETTLED SAYS Four Brotherhood Chiefs After Chicago Conference Declare Strike Can't Be Postponed, But Can Be Settled No Further Reduction of Wages Point at Issue. CHICAGO, Oct. 20. (I)y Associated Press.) The prospective rail strike cannot be postponed but it can be set tled.. This was the opinion of the four big, brotherhood chiefs and the presi dent of the switchmen's union after a conference this morning at which it was learned they had considered all possible phases- of the situation as they may be presented at the meeting, this afternoon with the United States railroad labor board. Despite the optimism in brotherhood circles, j.. M. McGarth, vice president of . the railway employes department American Federation of Labor ( the six fedorated shop crafts)' declared 'before the labor board-hearing in the Penn sylvania case began that a, strike seemed to him to be certain. The shop crafts have voted to strike but have not issued strike orders;. Twenty- two railroads have, violated -, labor hoard decisions,' McEorth.sftid, and the men are insistent on walking out.' . N. P. Good, chairman of system fed eration No. 80, the shop crafts .union on the "Pennsylvania lines,' announced he had ordered a new- strike vote taken among all shop employes on the Pennsylvania lines, both' union and non-union and that the shopmen would hot strike i until the result of this bal lot is known. , - Prepare for Worst - ' NEW, YORK, Oct. 20. Proceeding as if they expected failure of the rail road laboV board In its efforts fo pre vent the threatened railroad Btrike by a conference In' Chicago today with big five brotherhood chiefs,- members of (ho executives conference met today to lay plans for. meeting the strike on eastern and New England railroads. " Although they professed to see some hope of peace through -the labor board's efforts, the railroad heads de clared that with strike orders already Issued they could not afford to delay their plans to see what the Chicago conferences would bring forth. Advertisements calling for men to take places of posBlble strikers, it was reported, would be given to news papers.' . .. -. v ; Several of the .railroads have sent out circular letter to their employes urging the men to think carefully be fore ther join the proposed strike and not "be misled in this matter.". . Sproule Issues Statement . SAN F.RANCISGO, Oct. 20 The pro posed strike of the railroad workers is against a decision of the United States railroad board which followed a hear ing granted ' the workers, William Sproule, president of ihe Southern Pa cific company said in a statement here today. Sproule's statement, directed to' the heads of departments through out the system Bold: "To dispel misconstruction and mis understanding It is all-Important that the public and the employes should know at . the outset and bear in mind continually just what It is that this proposed strike of the railroad em ployes is directed, against. They are not striking because of any intention expressed by the railroads to avail themselves of the right conferred by the transportation act of 1920 to apr peal to the railroad labor board for a further reduction In wages. , "The strike vote was taken some time before the meeting of the railroad executives at Chicago and before their attitude in respect to rates or .'further reduction of wages was known. "The strike is against the decision of the railroad labor board rendered June 1, 1921 after a full hearing of both sides, declaring that there should be a 1214 per cent reduction in wages." Farmers Urge Peace WASHINGTON, Oct. 20. Mediation through regular and - constituted authority" as a means, of preventing a' general" railroad strike "was urged upon the chiefs of the four big brother hoods and B. M. Jewell, Head of the (Continued on page eight.) Dr. Brumfield and Man for Whose Murder He Must Hang iw 4 -Vx ? I. -vw- M-v;Vm ' :sBPV''? . 4.' i-- r Wt f a M' V; This was the last picture taken of Dennis Russell before his death. Ha was holding two of his brother's chlldren'ln his lap at the time. It has been claimed that If Russell visited a barber and put on glasses his resemblance to Brumfield would be striking. . . . , . . ... " L Y A new local oil drilltntr vrnt.:.'i h Just been inauguiated by ft companv compoBed of .well known Medfnrd men, which Is capitalized at $50,000 under the name, Southern Oregon Ex ploration company of Medford, and which this week filed nrllrli. ,.f in corporation with the state corpora tion department at Salem. Tho In corporators are L. Neldermcyer, If. 11. ;oei and J. r . .Mundy. Tho comnanv. which la onii.i . separate from the present Mundy well Venture, has leased tho mineral rights under 1100 anrcs ef land, which takes in the Westerlun.d or chards and adjacent territory, Und win at once hegln the sinking of .1 well. The contract for drilling ht.o been lot to the LynU' Bros., the Iai-j;-est drilling concern, on the Pa. lfic Coast, o.nd requires that they dn'.TIo a impin or .iuimj reet. The company alto in sinking this 'J 4 Conrtesv Portlnml Tnl welf will explore for coal, and its promotors say they expect to strike two or three vens of commercial coal as the drill goes down. . The diameter of tho holo is to br 5 feet with it Inch core all the wny, 30 that, an Colonel Mundy snys, "We can Beo nil the way down all tho time and lot nothing got away from us." FATTY ARRIVES FOR E PROBE SAN FRANCISCO, Oct. 20. Roscoe i (. (Fatty) Arbuckle arrived from Los j Angeles today to appear before a Unit Cd States commissioner on a charge of violating tho .Volstead prohibition en iforccmrnt act in the supposed serving jof liquor at a party in the Hotel BU : Francis In which Miss Virginia Rappe, j motion picture actress. Is alleged to have received fatal Injuries. Arbuckle ia awaiting Vial In November on a charge of manslaughter In connection j wun aiiss nappes ueatn. ... j r 'I he commissioner indicated that tile j hearing would be continued one week. MOONSHIN Dalles Police Chief Shot When Chinese Fire Upon Officers TUB DALLKS, Ore., O.-t. 20. Chief of Police Frank lluat- er, Frank Saunders, volunteer fireman and an unidentified Chinese, believed to have bnun an Innorent bystander, were in a hospital today suffering from woundB received in a riot Inst night; Officers met a Chinese at the train who had been purtlcipat- ing In tong war activities hero and the' Chinese was reported to have fired a shot, to which 4 the officers replied. Other Chinese then opened fire, of- ficers said, and Heater was wounded as he ran to tho scone, one of the bullets hit his star and penetrated his breast.. The disturbance was quelled when the flro department and sheriff's forces were called. " . Delegates to Mining Congress ' Told'; That Lower "" Wages With . Work; Better, 'Than 'Higher Wages;-Without - Unions Favored. . ' .1 CHICAGO, Oct. 20. A high scale wage on paper wltli no work will not help tho minor, but a fjxir wage scale with regular -work ' will'" build his yearly earnings to a basis of Ameri can living- and allow tho coal ope rator to offer, cheap fuel to the con sumer and reduce tho producing cost of all commodities, Harry N. Taylor of Kansas City, vice-president of tho Central and Coal and Coko company told delogatoa to tho American Min ing congress here today. . Assorting that he personally had the highest regard for labor unions' 'fairly .conducted,". Mr. Taylor said the : unions had the opportunity- to uiko part in the national readjust ment and urged thoy take advantage of It, .-, 'If howovor,'1 he said, "the miners continue tholr refusal to make a re adjustment of an abnormal wage scale and on April 1 call a nation wide strike tho operators must as sume a public duty of standing for Hie public rights and the well-thlnk- Ing men of this country must atand behind thorn in the battle for tho good of American industry and Amorlcan freedom agalnBt a labor autocracy." Mr, Taylor declared that he had learned from observation that the la bor union had tfone much for the Wage earner, and . had. In many In stances, brought him comfort and contentment thdt otherwise could not have been procured. 'Hut tho miners' oritanlzatton must bo purged," he said, "of the' radical und revolutionary leadership that has sprung up In many districts before It can hope to rcgnln Its. standing in public OBtceni; Many of the. leaders, In their greed for power, have be- como moro .and more unroasonable until thoy aro making It. Imposslblo for many mines to. operate. Pcrhans only when they have driven the mln- ng Industry to the opon shop, will - f Con tin lied on Page Eight) URGE MINERS TO ACCEPT CUT IN WAGE SCALE SUPREME COURT REVERSES DECISION IN FAVOR OF SALEM BERRY GROWERS BALBM, Ore., Oct. 20 The contro versy between loganberry growers of the Salem district, members of the old Halcm Fruit Union, and the Phez com pany Is thrown back into the circuit courts through an opinion handed down by the supreme court reversing the decree of Judges-Bingham and Kelly, favorable to the growers, and remanding the suit to a new trial. The suit, brought by the Northwest Fruit Products company, predecessors to tho Phez company,. Involved the al leged failure of the Salem Fruit Union to live up to the terms of a contract under which the, union agreed to de liver 1200 tons of fresh loganberries of tho crops. of 1917 to 1921, Inclusive. Damages aggregating not (ess than CLAim PARIS BOMB MADE IN ENGLAND Paris Police Declare Bomb Sent Ambassador Herrick Was Type Used By England During War Valet's Ex- perience in War Saved His Life Herrick's Nerve Good. PARIS, Oct. 20. (By Associated Pross.) Myron T. Herrick, the Amer ican ambassador, went to his office in the American embassy as usual this morning, little affected by his narrow escape yesterday aftornobn when a bomb exploded In a room of his home. At tho enibassy Mr. Herrick found scores of telegrams and letters of con gratulation from officials and friends all- over Europe. The first thing he did was to Issue Instructions that any one desiring to give him a present rilust' bring It opened to the enibassy. .... iu.noa uiuiihiib itiu cilllJUQajr wilh' be under suspicion and will be opened under" water In the presence of police. ' '' . V ' '' PARIS, Oct. ). Pollco authorities Investigating the explosion of an Infer nal machine- ' In the uresldence of Myrdn T."WPrrlek, American; nJnbaSBa: dor to France,, yesterday, report that apparently a BrltiBh bomb widely used ...ii.un .110 vm, vrtuf vuuucmru lu ilia package H. to the ambassador; i ' : Mr-- Herrick's valet reallied a the sound given, out by the package when it was opened as being that of ft bomb. He was formerly a soldier in the Brit ish forces in France. No clue as to those' who plotted to assassinate Mr. Herrick has been found.' Fragments of the wrapper of the' deadly package-are being examined in the hope that It may be passible to troco its origin. It was badly uhnttei-ed by the 1 explosion, however and there would appear-to be little hope of de tecting the criminal, t '- I Paris newspapers today voiced hor ror at the outrage and prin'tod long accounts and photographs showing the wrecked room In the Herrick real-' dence; ' 1" 1 ' ' L'Humanlte declared that the police might use the incident in their cam paign against communists. ; The entire detective force of Paris. under the personal direction. - of the perfect of police, worked throughout the night in efforts to trace the mak-v era of the bomb. No arrests had been announced by the police up' to noon' today but it was said a number of per sons were under surveillance and that two clues formed the basis for further Investigation. -,...' '-"; Walter Blanchard, Mr. : Hefricks,' valot, who was hit by pieces of the - Domo, probably win leave the Amer ican hospital tomorrow aB his Injuries have proved to be light. An X-ray Is being taken today to de termine the exact location of the frag ments, which the physician said could be removed without difficulty. The embassy was carefully guarded today by policemen and dotectlves. Experts at the city laboratory had comploted examination of fragments of the bomb and confirmed earlier re- mtlnued on Pane Eight) $375,000 are claimed by the Phez com pany as a result of this failure on the part of the Fruit Union to deliver the product of its members according to Its agreement. The lower court dismissed the com plaint without prejudice from which action the Phez company, appealed. In reversing the decree of the lower court, Justice McBrlde, who wrote tho supreme court opinion, holds that the contract entered Into by the Salem Fruit Union with the Phez company, , "although In a sense a contract of an agent for known principals, wag never theless its covenant by which ft pledg ed its own good faith and Credit that the fruit mentioned therein should be delivered.