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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.)