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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Nov. 30, 1921)
mail Tribune The Weather Maximum yesterday 50 Minimum today 43 Precipitation 55 Predictions Rain. Ully Sixteenth Tear. Weekly Klfty-Flr.t Ter. TUEDFOKD, OKKOOX, AV.KDNKSDAY, XOVKMHKtt SO, 10:21 NO. 215 1 FOLKS TELL HEALTH OF 'Normal, in Every Way," Say Final Witnesses for State in Arbuckle Case Claims of Defense Rebutted Dis credit Mrs. Neighbors' Testi mony. SAN FRANCISCO, Nov. 30. Tack White, motion1 picture director ot Los Angeles was the first witness to day In the manslaughter trial of Ros coe C. (Fatty) Arbuckle, growing out of the death of Miss Virginia Rappe, motion picture actress. White said he directed certain pictures in which Hiss Rappe appeared. She appeared "normal in every way," he said. White was one of a number of witnesses called in rebuttal by the prosecution to discredit, if possible, defense evidence that the bladder rupture which caused Miss Rappe's death was the result of a long stand ing chronic condition. The prosecu tion alleges that tho Injury was caused by eternal force applied by Arbuckle. George Median, motion picture camera man of Los Angeles said that he photographed Miss Rappe in mo tion pictures and that she appeared to be healthy. Mrs. Minnie Ruck, practical nurse, of Los Angeles, said she was com panion to -Miss Rappe for a time and that she did not appear unwell. Tor the fourth time during the trial Mrs. Josephine Hardebuck, housekeeper for Miss Rappe, was caled as a witness. She said she did not know of Miss Rappe having used intoxicating litjuor before leaving Chicago in 1916 for California. . Mrs. Mary Poulin, hostess of the roBort in Los Angeles county, where Mijs Rappe is said to have stopped for a time, was recalled after having given testimony a few days ago which resulted In the arrest by the prosecution of Miss Minnie. Neigh bors of Los Angeles on a periuyr Charge. Mrs. Neighbors had testified that she met Miss Rappe at the re sort. Mrs. Poulin had testified thai there was no record of Miss Kupro having visited the resort and she never remembered seeing tho actress there. Mrs. Poulin testified today that she attended to the registration of the guests. She repeated her previous testimony that she had never seen Miss Rappe at tho resort. "Motion picture actresses attract a good deal of attention and on that account I would have known if Miss Rappe visited the resort," Mrs. Pou lin said. Dr. Rufus L. Rlgdon, San Fran cisco physician was the last witness caled before the noon receBS. He was asked by the defense a hypothetical question of several hundred words intended to have him determine the cause of tho Interna! Injury which re sulted in Miss Rappe's death. There Becnied to be but llttlo gen eral Interest in the trial today. The court room was filled but there were no crowds in the adjoining corridors. F OWLS IS GUILTY INDIANAPOLIS. Nov. 30. Exten Talbot of South liend, Intl., supreme president of the Order of Owls, a fra tcrniil urbanization, who was found guilty in United States district court iast week of violating tho Mann art today wag fined fSOOO by Judge A. 13. Anderson and senenced to Leaven worth prison for five years. It was the maximum sentence for tho of fense. FILE APPEAL JAN. 2 TIOSKIU'RG. Nov. SO. The appeal of Dr. H. M. Hrumficld, convicted of the munW of Dennis H. Russell, will be filed in the supreme court before January 2. Brumfield'R execution has ben fet for January 13, according to his attorneys. The transcript of the case is expected to be received within the next rtny or so. 1 They Didn't Make It; ' 12H.S. Students Die In Crossing Tragedy RED BLl'FF, Cal., Nov. 30. Twelve high school students were killed south of here today at tho Proberta crossing by ohe collision of tho school bus In which they were riding with Southern Pacific train No. 15. Tho automobile contained six teen children. The four Injured are not expected to live. The train plowed Into the bus In a dense fog, according to stories of the train crew und the driver of the bus who himself, was seriously injured. Tho train hurtled on for 200 yards car rying bodies and parts of bodies on the enlgen pilot and strew ing other bodies along the right of way. One man declared tho auto mobile after being struck, was thrown against a post and dash ed back against the train. LEGAL STEPS 10 SET FORFRIDAY Rathie and Kirby Sentenced to Die for Complicity in Murder of Til Taylor Will Be Carried to U. S. Supreme Court Claim Legislature Erred. SALEM, Ore., Nov. 30. John D Lane, attorney for Elvte D. Kirby, whose petition for a writ of habeas corpus to stay tho execution of Kirby here Friday morning was denied by Circuit Judge Bingham this morning this afternoon filed an appeal and a petition for a writ of supercedes to stay tho execution. Governor Oloott announced this afternoon ho would grant a reprieve to Kathie if a stay of execution was granted. SALEM, Ore., Nov. 30. Elvio D. Kirby and John Rathie, convicted of complicity in the murder of Sheriff Til Taylor, of Umatilla county will probably not hang here Friday morn ing as scheduled. Judge George Ding hum of the Marion county circuit court this morning denied u writ of habeas corpus filed by John D. Lane, attorney for Kirby, and thereby open ed tho way for an appeal to the su preme court, which will be filed to day. Attorneys for Kirby argued, In ask ing for a writ of habeas corpus, that the Oregon legislature at its special session in 1920 exceeded its constitu tional powers in referring to tho peo ple the resolution providing for the restoration of capital punishment. The case will bo carried to tho Unit ed States supreme court if necessary, tho attorneys declare. ' Kathie and Kirby were sentenced to hang for the murder of Sheriff Til Taylor of Umatilla county, during a Jailbreak at Pendleton, Oregon. Neil Hart, an Indian was hanged for the crime, and admitted firing the fatal shot. Two others implicated In the jailbreak were sentenced to life im prisonment. Feeling ran high against the men, and threats of lynching were made. Sheriff Taylor was highly popular, and widely known, and pub lic opinion was strong. Rathie, an ex-service man, who served in France, was claimed to be the ringleader, and they were convict ed under that phase of the law. that provides the co-conspirators equully guilty with tho principal in tho cr;mo. Kirby's former bad record also was exhibited. The men have been in the death house at the state prison for several months awaiting the noose, and their case aroused considerable sympathy, and the war mothers have been ctive in their behalf. Governor Olcolt re cently denied a plea for a commuta tion to life imprisonment. Ilathie's parents, an aged couple living at W'apato, "Wash., mortgaged their homo to save their boy from the noose. The case also attracted considerable attention from a htnnnnltariniv,, stand point, on the grounds that hanging three men for the death of one was a severe strain on tho state's demand for justice, and tho Bibkal Injunc tion of "an eye for an eye, and a tooth for a tooth." Stocks Improve. NEW YORK, Nov. 30. Investment and speculative conditions on the stock exchange became more clearly defined today. Bonds continued to strengthen, while the general share lint was under continuous pressure. Sales of stocks approximated 800,000 hnrcji, HALT 2 HANGINGS F FRANCE IN CITY Marshal Foch, Guiding Genius of World War, to Stop Five Minutes American Legion Posts of Valley to Greet C. of C. Arranges Welcome. The people of Medford anil the Rogue Illver valley will have the op portunity of seeing and greeting Mar- Bhal Foch, the great world war hero next Friday morning, as his special train will stop hore for a few minutes enroute to San Francisco from Port land. The time of the arrival of the train will bo 8:50, and no doubt there will he a tremendous assemblage at the dopot from all parts of the county. News that the famous soldier would stop hore Is contained in tho following telegram dated this noon and received by F. P. Farrell, commander of the Medford iost, from Lane Goodell, com mandor of the Oregon American Le gion: "Roberts consents to five minutes stop In your city Friday morning about 8:50. Make arrangements." The Roberts referred to in the tele gram is probably the official in charge of the special train. Ben Sheldon, president of the local chamber of commerce, also this noon received a telegram from President Van Duscr of tho Portland chamber of commerce, confirming the Information that tho Foch special train would stop here Friday morning. The local American Legion post offi cers and the chamber of commerce will Btait to work at once arranging a demonstration and reception. The official list of personages In Marshal Foch's party, is as follows: Marshal Foch, General Desticker, Comte Charles DeChambrun, aide de camp; Major DcMlerry. Captain Rone Il'Hopital, Lieutenant Paul deSoubey ran, Dr. Andre, Colonel Frank Parker, U. S. A., honorary American aide; Myles McCahlll, secret service; three French orderlies, Hanford MacNlder, A. T. Roberts, Franklin D'Oller, Ray mond O'Hrackett, Colonel Francis E. Drake, Colonol James A. Drain, D. John Markey, Van R. C. King, Leo A. Stafford, C. IS. McCitllough, J. M. Lounsborough, two stenographers and one messenger. PORTLAND, Ore., Nov. 30. Mar shal Foch and party will be greeted hore tomorrow morning nt their-special train by Governor Hen W, Oleott, Mayor Oeorgo L. linker and repre sentatives of the American Legion, according to announced plans. Tho 5 nth regimental band will attend the welcoming officials and a battalion of infantry from Vancouver barracks will act as escort in a parade. A motor trli on the Columbia river highway, banquet at 6:30 and a mass meeting at the armory In tho evening are events planned for tho day. :.F E NEW YORK, Nov. 30. Mrs. Ed ith Kelly Gould today won the first stop In tho olgal proceedings against Frank J. Gould in this country as a result of tho divorce he obtained against her In Franco ubout a year ago. Supreme Court Justlco Guy signed an order granting her $5,000 coun sel fees. Justice Guy said that the question was of so novel a character that he would grant a reasonable al lowance for purposes of appeal. GRANTS PASS, Ore., Nov. 30. Albert Borde ot Jacksonville is lying at the point of death as a result of falling into a vat of boiling water while helping a neighbor scald hogs. A telephone message this afternoon to Coroner Perl said Horde died about 1:30 p. m. Washington AiiUm 19:1.000. OLYMPIA, Wash., Nov. 30. Ap proximately 113,000 motor vehicle 11 censes were issued In 1921, the books of the department of licenses revealed today at the closing of the year's busi ness. After today all applicants for licenses will receive 1922 plates for i heir cars. FRIDAY 8:50 A. M. Princess Mary to Wed f : The bcthrothnl 'of Princess Mary, only daughter of King George and Queen Mary of England, to Viscount Lnscelles has been officially announc ed in London. Viscount Lnscelles is the oldest son of the Earl of Hare wood. He is thlrty-nino years old and won distinction In the World War, be- F, IS' Claim Authority Overstepped Hinshaw Thinks President Not Active Enough for Enforce ment of Dry Law Prohibi tion Party to Be Continued Until 18th. CHICAGO, Nuv. 30. Continunnne of thu prohibition party us a national political party wiih recommended by the national executive committoo to day in a resolution presented to the national committee. Tho resolution declared that the party would be "recreant to tho trust committed to in care by the -founders of the prohibition party if It now failed to continue its activities." The resolution further declared it to be the duty of t ho party to carry on its work "until there Is elected to power u party in Htate and nation that is committed by platform declaration to the continuance and enforcement of- the eiKhteenth amendment and makes such declaration an establish ed fact.' .State, county and local com mittees were ured to continue their activities. Vlrjfil C. Hinshaw, national chair mau of the party, criticized President Harding for what he said wan lndif fcreneo to enforcement of the prohibi tion law. Although Dr. Klisha Kemp Kane, of Philadelphia, declared prohibition was "only in the cackling stage we have yet to lay the egg." Plans will be taken up tomorrow to determine whether It would bo advisable to in clude other fields of enduaver In the party program. He vera 1 speakers em phasized necessity for stricter observ ance of the prohibition laws. END OF WEEK ERE E 1IKND. Ore., Nov. 30. Railroad of ficials hero have virtually ahnndoncd hope of clearing snow and ice from thp rails in the Deschutes valley In time to resume the regular schedule before next week. Mail is now blng routed through Sbanlko, HARDING UNDER HI INDIFFERENT wfej !ng wounded three times and winning tho British Distinguished Service Or der and tho French Croix do Guerre Princess Mary was twenty-four years old last April. It was learned from a close friend of the couplo that the wed ding would take place some lime be tween Christmas and tho beginning of the Lenten season. ALLIES MAY ACT E Bolshevism Spreading Through Large Towns and Powers May Intervene Attempt to Torpedo Spanish Boats Members of Cabinet Assas sinated Posts Vacant. LONDON, Nov. 30. (Hy Associated Press.) Bolshevism is spreading through the largo townn of Portugal, the Timos declares this morning and there have boon many outrages, espec ially in tho province of Alemtcjo. The recent bombing of the American consulate in Lisbon was an incident In this movement, It is said, and most of tho foreign diplomats there have re ceived letters threatening their lives, As a result the powers aro consider ing intervention In Portugal and the assumption of a mandate there to quell tho ugly wave of bolshevlsni, ac cording to tho Times. France, Italy and Spain favor such a niovo. When a number of foreign warships moored In the Taguo river at Lisbon recently, the sailors on a Portuguese gunboat ure said to have been re strained with difficulty from attempt ing to torpedo the Spanish vessels. Dispatches to tho TlniCB assert that tho condition of tho country Is such that It lias been very difficult to find men willing to occept iosts in the cabinet. Dispatches from Portugal to the Associated I'ress liavo reiwrted two distinct revolutionary movements in the past six weeka. In the first, sev eral members of the Portuguese cab inet, including Premier Granjo, were assassinated following their resigna tions. A few days later it was report ed that royalists were plotting for the re-cstabllshmcnt of a monarchy. On November 21 dispatches from the Por tuguese frontier of Spain reported another revolution brewing, Carvalno Mesqulta heading tho movement. The troops in Lisbon wore said to have been confined to their barracks in preiiaration for eventualities. No ad vices have been received since that time as to conditions in Portugal, AV PORTUGAL FROM D WAVE U. S. Wets and Drys Use Austria As a Propoganda Center WASHINGTON. Nov. 30. Decision to open an American prohibition office in Vienna was announced hero today by the prohibition foundation. Its aim will largely be combatting of wet propaganda about, the prohi bition situation in tho 1'nited States which its leaders declare Is mostly misleading. "The Vienna office will also servo as a distributing point for literature for total abstinence and as a propaganda center for prohibition legislation," said G. 1. llarger, of Pittsburg, secre tary of tho foundation today. IRELAND FACES CIVIL WAR AS PEACEjALTERS Resumption of Armed Hostili ties Loom Sinn Fein Re fuses to Take Allegience Rush for Guns When Breaks Come Military to Rule Erin LONDON, Nov. 30. ( fly tho As sociated Press) Government circles today expressed belief that tho Irish conference would break down almost Immediately as a result or mo mm cultlcs which have arlfcn and that tho resumption of armed hostilities could not be postponod. Tho alternative sottlemont plan sub mined by the government to the Sinn Vein representatives last evening In cluded the nocesslty for a definite undertaking by the Sinn Fein to talto the oath of allegiance to tho crown. Thus it appears, according to gov ernment officials that ,tho breach In negotiations, If It comes now, ns fear ed, will take place over the allegiance Issue. There has been hopo of prolonging tho truco nnd adjourning tho negotia tions for an additional period of two months, but this hopo now has re ceded. Tho Sinn Fein has many objections to tho government's new plan, but oven If it ngreed to discuss this plan it would not now givo Its assent to the oath of allegiance proviso, it is stated. Tho moment a breach occurs, it 5s believed In these quarters that there would bo imminent danger of the Sinn Fein, on the other side, and tile pollco auxiliaries, on tho other, try ing to get to their guns first. The military It Is indicated, would be put In charge of affairs in Ireland and Interference by civilian officials with Its action would not bo per mitted. A mooting of tho British represen tatives in the Irish conference was held today. It was presided over by Prime Minister Lloyd George. 5 SHOTS IN Hi 0.K, SPOKANE, Nov. 30. Five bullets wero removed In a hospital hero today from the body of Hob Cress, a resi dent of Opportunity, east of here, fol lowing a shooting affair at Harring ton, Wash., In which Cress was do clared to liavo drawn a gun on a posse of citizens tliMt had arrested him on bootlegging charges. Another bullet leas left in Cress' nock. Attending physicians said ho was in no imme diate danger. NOALISH, Ariz., Nov. 30. Colonel Kanmvlzca. Francisco Lopez Homauo dls and Daniel Vnldez arrested in Nogales, Soiicu-a, last week on u charge of beimt ring leaders in a pro posed now revolt inMexlco, were exe cuted nt Culirati Mnmlav. ltcoorclEiiir tn word just received hero. A militury court imposed toe death sentenco. Albany Murder t'uso. ALBANY. Ore., Nov. 30. Presen tation of first degree murder charges against Peter IJeobe, accused ot kill ing John Painter and his son, Wil liam Painter, Is In progress boforc tho Linn county grand Jury. The jury will probably bo In, session three or four days. JAPAN All ! LARGE NAVY PIVOT ISSUE Delegates Refuse to State What They Want Toku gawa Clears Situation Is Willing to Take Troops Out of China As Soon As Pos sible Experts Meet. AS1IINGTON. Nov. 30. (Ily tho Associated Press.) The Isitto raised in Japan's de sire for an increase In relative naval strength allotted her under tho A n....i.., llmltnMnn propositi still hold at tention today an a piv otal question in tho arms conference proceedings. In some quarters prospects for an early agreement on tho question were regarded as having been somowhat improved by the statement of Prlnco Tokugawa of the Japanese delegation that tho announcement Monday of Vico Admiral Kato of tho Japaneso ad visory staff that Japan wanted a 70 Instead of a 00 per cent naval ratio, was merely an expression of "personal opinion," not sponsored by tho delega tion, of which ho is not a menibor. As Prlnco Tokugawa doclinod to ro veal, howevor, the actual vlow of the Japanese dclogaton as to what porcen tage of fleot strength Japan would Insist uion, no definite deduction was posslblo from his statement. i Tho reiterated flrmnoss of the American delegates at the same time against acceptance of any Increase of H, ,,,.,1 ixillri f.i Tiinnn wn. under stood to liavo had the offoct of defin itely onding consideration of tho ques tion In tho naval sub-committee of the powers and it was said authoiltntlvoly that the committee would not oven touch upon It at Its postponod uiooting today. . .. It was expected that tho ultimate agreement would be left to , informal meetings hotweon tho various dele gates. Tho Far Eastorn committee of tho conference was propnrod to resume to day Its discussion of China's request for withdrawal of foreign troops from her soil, general adheronce in prin ciple to this course having been given yosterday. An announcement to news papermen following yesterday's ses sion by Prlnco Tokugawa that Japan, regarded as chlofly concerned In-tho qflosllon, "intonds to abolish" tho sys tem under which her troops aro in China "ns soon aa possible" was takon to mean such withdrawal was contin gent on tho working out of a satisfac tory program by tho conference re garding tho program ot China. There also was no indication that tho full committoo of naval exports. Including tho officers of tho French nnd Italian navies had boon called it Is generaly expoctod that when tho oxperts ot tho throo powers reach a point where they eauont procoed fur thor until tho conforonce has docldod tho fundamental quoBtlon of fleet ra tio us botweon the Unltod tSatos and Japan, that tho full naval expert com mlttco will bo assomblod and will Ihon miiko Its report to tho confer ence naval committoo. Optimism was npparont among members of tho British delegation, a spokesman for which prior to tho ad journment of tho sub-commlttoo as sorting that he believed some an nouncement along tho lino of naval armament might be oxpoctod next wook, probably before tho conforonco In plenary session Wednesday or Thursday. WASHINGTON, Nov. 30. (By As sociated Press.) China "cannot aban-. don" her attitudo expressed at Ver sailles concerning unconditional re turn of Shantung by Japan, hut is willing to discuss "any reasonable moans ot settlement" at tho mooting' between Chinese and Japanese dole gates which has beeu arraugod thru tho good offices of Secretary Hughos and Mr. Balfour, Dr. Wang, a Chlnoso delegate, said late today. Bringing the two delegates together in an effort to scttlo tho long contro versy over Shantung doos not moan that tho dispute will be taken out ot tho conforonco, Dr. Wang said. Tho prospocts woro considered iu American quurtcrs as good indication that the Japanese and Chlneso repre sentatives would bo ablo to settle tho Shantung dlsputo outsldo of the con ference Tho Far Eastern committee did not ' concludo discussion today ot China's . troops from China and the . matter, (Continued on pngo eight.)