Medford mail tribune., July 17, 1925, Image 1

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Mail Tribune
The Weather
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FOUETEEN PAGES TODAY
. MKDFORD, OKEOON. FIND AY, .11TLV 17. 19:r
NO. 100 .
MeDFOKD
BAR EXPERT
TESTIMONY
IH APE TRIAL
Darrow Clashes With Court
Bnoh Rutirig Excludes Sci-
It' T L' I In
i emmc lesiimwijr nw 10
,Hekl Unrtasonabr and Con-
trary to Justka Bryan's
Probanda Scored.
iCOUKT ROOM, DAYTON, July 17
(A. P.) After Judge John T.
Raulston had excluded, scientific tes
timony in the Scopes case, court was
adjourned until Monday morning.
The Intervening time is to be spent
by counsel for the defense In pre
paring statements for- the record of
what their witnesses would have tes
tified had they been permitted to
titfn the witness stand.
Judge Raulston's decision to ex
clude tne experts iruiu me ""
stand developed sharp clashes
tween Arthur O. Hays and Judge
Raulston and Clarence Darrow In the
court.
Although court was In session only
thirty minutes, the Judge giving Ills
decision at 9:61, It was stormy. After
defense attorneys had raised their
voices In vehement protest to the
court's ruling, another argument de-
veKiped on the question of the week
end recess. ' ..
The defense Imitated on this step SALEM. Ore., July 17. That the
and while the state protested, the courts of the state enforce the drunk--court
finally ruled for the halt In en driver act of the 11(26 legislature,
the proceedings. land not substitute chargeR uf "reek-
Judge Raulston indlcnted, how- less driving," for "driving while in
ver, that on his return to the bnch toxicated," is the plea of Governor
Monday he wouli ImM on the ease Pierce in a statement issued today. He
moving more rapidly. . This was states that he does not want It to be
taken to mean that the case might come necessary tav jcall upon the
end MoBday attorney general to appear as a prose-
The judge's deeuUo.n.,was.nno.Mnp-
ItMat . 9:61, after reading, a, general1
jL... , i,- nn1nlnn. of
the IntcM of the statute as pained
, ' , . .l " , . T
W the leetetoture.
The defense at once noted an ex
ception to the court's ruling, and
the Judge ordered it placed on rec
ord. In presenting the defense ex
ception, Arthur O. Hays declared:
"It Is denial of justice to permit
the state to make the case on Us
wn evidence."
"It Is contrary to every principle
of Anglo-Saxon judicial procedure,"
Mr. Hays said.
The defense then announced that
it desired to place Ha proposed tes
timony into the court record for
the purpose of placing It before a
htrher. court.
In reply to a question from Judge
Raulston, Hays said the defense had
about six branches of solence rep
resented by witnesses.
"I think you are entitled to have
In the record a sufficient amount of
your proof to show the appellate
court what your proof would have
been," said the Judge.
The defense contended, however,
that it also had the right to argue
Lrtfore the court that the decision
uRs unreasonable and to put in evi
dence to "inform the court."
If the evidence to be permitted,
Mr. Hays suggested that the court
would be benefitted by such evi
dence. Should the court be convinc
ed that It is in error, "he will re
verse his decision, 7890$ 0560.. 6..
verse his opinion," Judge Raulston
said.
a Attorney General Stewart said that
the defense wishes to conduct a cam
paign of education for their theories
a Mil iii-'A t Inn .1 nil nvfklliHnn tVi rnnirh
the medium of this trial. , WHITE I SALMON Wash.; July 17.-
The state offered no objection, he' p-J-f,re f unknown or gin early
said, to permitting the defense to f to'0 f considerable par of
' ,,!,," . tu. ,,. iBingen, Wash., two and a ha f m lea
. T.fZS?, L -te8"ast of here, buildings destroyed are
Tyi 1m mi J ', .JW' C. Henry, general merchandise;
Dudley Field Melons denied that piub.g caf k re3tauraIlt and La
a campaign of education was being Kocque re8l(iencei and a numl)er of
conducted, although he said be omni dwoilitura nou,,or0io rk
thought the way In which the Je-
tense hac conducted the case was
educational. He sifld that the de-
tense was meeting propaganda, start-
ed by "a distinguished member of
the prosecution counsel.'' . I
judge Raulstdn said he wag not
Inclined after having given an opln-
tap to hj-ar testimony that "the opln-
Wn was wrsng.
. "
tConUnueJ on Page BID
FICTfOH WRITER AND
. IS ALIVE; TELLS A WEIRD TALE
CALEIXCO. Calif., July 17. Mur
der theories built on the Strang dis
appearance last-Monday of Mrs. VII
glnla Cookson. cWnnge county farmeW
ette and occasional writer of Action, ,
col lapsed late last flight with tne ap-
pearance at police headquarters here i
of the missing womsM herself. Be-
tKen hysterical sobs the woman told ,
oncers she had been kidnaped by.
three men In big automobile, who '
Queen Mary Cheers
Erring Mothers of
Salvation Army Home
LONDON, July 17. Queen
Mary added several devotees to
her list of admirers yesterday
when she opened an extension
of the Salvation Army's matern-
Ity hospital In the east end of
London.
In one ward were a number of
unmarried mothers, who though
aware of the queen's visit, did
not expect her to take notice of
their presence. The unexpected,
however, happened, her majesty
expressing a special desire to
see them,
The queen went to the bedside
of each woman and won their
affections by her kindly words of
praise for their babies.
LAW SOFTENED
SAYS GOVENOR
rt it r n a m i,
be-jCallS Oil l-OURS tO Halt oliO
stitution of Reckless Driving
Charge May Call On At
torney General to Prosecute
Cases Many Complaints.
cuting officer In these cases.
; a courts tit the state, ,s
the governor, "to enforce this act a
says
nd
f use J pt a plea for reckless
driving when in fact the crime is the
greater one of driving a motor vehicle
while under tire Influence of intoxi
cating liquor. I do not wish to call
upon the attorney general to appear
in any of the courts of this state ad a
prosecuting officer, hut it may be
necesHnrv to a0 . nhouhl eomnlnints
continue to come to this office that
the intent of the statute is being nul
lified and set aside by the substitution
in our courts of the lesser charge of
'reckless driving.' I call upon all en
forcement officers of the state to co
operate to the utmost In the strict
enforcement of this law."
Receipt of letters asking executive
clemency In two cases of violation of
the law and several complaints that
the courts are substituting the lesser
charge caused the governor to make
the statement.
The penalty under the drunken dri
ver act' Is fine, imprisonment and
revocation of drivers', license.
"As, a result of pleading guilty to
the lesser crime of 'reckless driving,' "
says the statement, "a small fine Is
assessed and the defendants escape
the more drastic law. They are given
their liberty and may uguln go upon
our highways and menace life und
property."
V
LI
the ,)art of tne ,voiUnteer fro ,epart.
mont Baved the town from further
destruction. No estimate of the loss
has been announced.
,
ST. LOUI8, July 17. (A. P.) Wm.
T. Tilden of PhlluMelphla, defending
champion, won his semi-final match in
the national clay court tournament
here today by defeating Wray Brown
of St Louis, Missouri valley cham-
plon, 6-3. 7-5. 6-1.
FARMERETTE TH(TT
crowded her small coupe to fte edire
of the road In Orange county park
nnd dragged her out of It. Hhe said
her captors bound her and carried her
away to an underground apartment
from which she was able to escape
unharmed with the assistance of a
Chinese boy whose friendship she won
by praising his cooking and who
smuggled her out In a basket.
Police admit themselves myatltlA.
DRUNKEN DRIVER
"Ape" Trial Courtroom Not.Big Enough forroivds
The courtroom in Dayton, Tenn., bccnc of the Scopes evolution trial, is a spai-muit one but not
large enough to accommodate even a small part of the thou.su mih gathered to listen to the battle be
tween the state and John T. Scopes, charged with teaching evolution in the Dayton ehouU. Photo
shows the courtroom.
LIGHTNING AND
fORRENTS CLAiM
TOILJHEASI
Tidal Wave On Lake Ontario
Scores of Buildings Un
roofed, Crops Destroyed
and Orchards Flattened
. Death Toll Is Five.
NKW'" YORK.' Jaiy'' i7r 'Terrific
electrical and rn In storms have taken
a toll of five lives, uprooted trees, un
roofed buildings In many towns, de
stroyed crops and crippled wire ser
vice in the east.. In Wheeling. W. Va.,
two men were drowned . when rain
descended with torrential force last
night, sweeping out small bridges and
undermining roads.
A PittRbuift- man was about to tune
In his radio when a bolt of lightning
struck his aerial and killed him.
Lightning; also killed a farmer ' in
Ogdensburg, N. Y. A man at Aults
ville, Out., plunged blindly Into the
storm with his coat over his head for
protection and was killed by a .mo
torist. Lightning struck the heart of
Mount Gretna, Fa., an encampment of
National Guardsmen and stunned nnd
burned several men. A deluge fol
lowed the lightnlnc and swamped the
camp.
Tidal wuves were reported along
the shore of Lalte Onturlo from Char
lotte to Forest LaWD. The water re
ceded as much as forty feet and
back.
More than a score of buildings were
unroofed at Riverside, N. J. The
gale demolished the orchards In this
vicinity in the heart of New Jersey's
peach and apple-territory. Thousands
'if the fruit trees were flattened. The
los was estimated at between f 200,000
und $300,000.
ATTACKS LEGALITY
OF COMMITMENTS
TO STATE HOSPITAL
SALRM, Ore., July 17. Attacking
the statuten undi which commit
ments to the Oregon state hoHpital are
made and thus the legality uf all rom-
Imltments which have bPen made under
such statute, J. O. Mann todiy filed
In circuit court here habeas eoifyiH
proceedings ngalnst Dr, It. K. L.
Hteiner, superintendent flf the state
hospital, deinahd Ing the release of
Grant Mntfti frona that Institution.
He asserts that Grant Mann was
committed to the Institution from
Hillsboro, Washington county by J. V.
Uoodin. county Judge of that county.
He declares that the statute under
which tho commitment wos made de
nied due process of law to the commit
ted person In. that It, falls to make
provision for an opportunity on Xhe
j-art of the accused to be heard by him
self or counsel or for any procedure
on the part of the accused to pro
duce or have considered evidence on
his own behnlf.
I The petltn forOt writ further al
leges that the order 1b Invalid In that
It purports that thtPaccused be In
carcerated In the state h'Qdtal for an
Indefinite Ond determinate period
limited unly by the judgment,, whim
or caprice of the superintendent.
It Is point l out If the contentions
of Mann are nWtalned, that the points
raised would be equally applicable to
every Inmate In the two Insane asy
gn$ ot the state.
' 7 :1 "r" ' n n n n i t r rtinnr
DEFENSE HOPES Mi l KOFAit KibHi
DAYTON TRIAL
ALL BANJSKEI
0
Court Rulings All Denied, Ex
cept to Adjourn Expect to
Take Case Higher Radio
and Press Aid Science Ex
pect Anything.
3DAYTON, Tenn?, July ti.i A . V.')
The refusal of Judge John T. Rauls
ton to admit scientific and religious
testimony Into the evidence In the
Scopes case marked the end of the
defense hopes for the trial, uttorneys
for the defense said today after tho
adjournment of court until Monday,
when affidavits containing 'this evi
dence will be admitted to the record
for transmission to the higher courts.
"This ends our hope for a trial of
this case," was the comment of John
R. Neal. chief counsel for the defense.
"Since the beginning of this case,"
Dudley Field Malone snid. "there has
been scarcely any motion of the de
fense except the motion to adjourn to
day, that has been granted by the
court.
"We began this trial on the theory
that it would be the trial of a crim
inal case before a court and Jury, but
because of the constant objection of
the prosecution to attempts of the de
fense to lay any of our evidence be
fore the jury the jury throughout the
past week has only been In the court
room nbout three hours. The rest of
the time the Jury has been compelled
to hear the case of the defense thru
the newspapers and amplifiers,
"Nothing has happened, however,
throughout the trlnl anil nothing will
happen before the trial Is over that
will surprise the defense. Our highest
anticipations will have been realized.''
WALL ST. STOCKS
ON UP TREND
NEW YORK, July 1". Customary
week-end prAflt taking retarded but
failed to check the general upward
movement of prices in today's stuck
market. New 1 l)2fi peak prices were
reported a wide vurlety of Issues
including AWrlcnn Can, Southern
railway and the mull order shares.
Toial sales approximated l,40U,f00
shares.
The closing was firm. New high
prices for the year on gains ranging
from 2 to 3H points were mudc in the
late trading by Mack trucks, Amer
ican Agricultural Chenrtcul preferred.
Hears Roebuck, American Ice, Amer
ican Safety Razor and Foundation
company.
The Noted Dead
SAf fllAMMHCO, July 17. (A.
P.) George 15. MucEarland, chulr
man of the board of directors and
former president of the Pacific Tele
phone and Telegraph company died
here today, aged 62.
Mr. M iic Kar land died In a hospital
after an Illness of ten days He was
one of the best known elephftie
executive In Jfee United States.
Mr. MacKortand was named to the
presidency of the Pacific Telephone
and Telegraph company here In
Mnrch. 1613, having first been em
ployed as a flneman of the Hell sys
tem In Marshalltown, Iowa, in 18f(0.
He retired as president In January
of this year,
KLAMATH FOUND UUN I UUrV WILL
PORTLAND HOTEL
Bradshaw Sisters, Wearied of
Ranch Life, Coyotes, Heat
and Loneliness Hired Man
Aided Flight Didn't Want
to Be Topsies.
A
PDUTLANUr ore.y -JOno- 17. (A.
P.) Junle and Esther Bradshaw, aged
14 and 12, daughter of A. W. Brad
shaw, sheep man of the Tule lake dis
trict In Klamath county, who disap
peared from their sheep cam) several
days ago, were located In a Portland
rooming house late yesterday. They
are now In the custody of the women's
protective division.
Klamath officials came to Portland
after I. W. KhodesJ former employee
Jon the Bradshaw ranch, confessed to
aiding the girls' to mako their way
from the Tule lake district. The girls
laeciureu iney run away oecause tneir
father kept them In the desolate sheep
enmp, and that Rhodes had helped
them at their request.
"We're tired of living In tho open,"
Junle told officials. "The old tent
leaked. The water was awful and full
of alkali and we had to carry It nbout
COO yards. The country is desert. It
gets awfully hot In the day time and
there Isn't a tree for miles. Then It
gets cold nt night.
"At night the coyotes came around
and howl and howl. We two girls
hadnt' slept for a whole night while
we were out there. We were Just
scared to death.
"Yes, sir, you said it when you ask
ed if we weren't gypsfctt. Thut's all
we are. We have four brothers and
three older sisters, but they've all
scattered and wo two girls are the
only ones left with dud and ma. We
never went to school vVry much. We
were too busy moving around.
"We Just got tired of It, tents and
desertn and alkali nnd sheep camps,
and though that we would come to
Portland and find a Job working in
some one's house. We wanted a
chance to live In a real house, with
a roof over our heads, and bath tubs
and gas and electric lights and other
things. We want to be white girls, nut
Topsies."
The girls will be returned to Klum-
ath county today.
10 FOREST FIRES IN
BEND DISTRICT AS
LIGHTNING RESULT
HKND, (re., July 17, Ten forest
fires, as p result uf hundreds of bolts
of lightning which bombarded the
mountains surrounding Itend yester
day and lust night were reported up
to noon today by the Deschutes Na
tional forest headquarters here,
liatchelor mountain lookout report
ed witnessing one hundred bolts strike
In the district covered by his station.
Others reported from twenty-five to
fifty bolts.
A total W five fires werg located
west of Ui Pine, Pistol flutter, oi
Pall river, one Fox butte, one ftulker
mountain, while three oth Smaller
fires viie reported In the Walker
range. ' ! '
The electric storm did not touch
Mfn, apparently following the nn
tuln ranges.
TQ national headquarters this
nfternoon reported Indications of fur
ther electric storms approaching thli
vicinity.
Court Ruling That
Barred Science View
Of Life's Origin
.
OOrRT ROOM. 'DAYTON.
Tenn.. July17. Jude Raulston
In remleriiig bin declHlon, said in
part: ' 4
"In the finnl analysis this
court, after most eartvest and
careful consideration has reach-
ed the conclusion taht under the
provUioiiH of the-act involved In
tliis case. It Is made unlawful-
thereby to tench In the public
schools of the state of Tennes-
see the theory that man deHceiul-
ed from a lower order of animals. .
If the court is correct In this,
then the evidence of experts
would shed no light on the In-
sues.
"Therefore the court is con-
tent to sustain the contention of
tho attorney general, to exclude
the expert testimony, tl.ie purpone
or which Is to explain the origin
of man and of life in this world."
SHEPHERD LOSES
Undue Influence Charge Up
heldTwo Legal Courses
Open to Acquitted Benefic
iary Must Remove All
Doubt Fiancee Wins.
CHICAGO, July 17. (A. P.)
Basing his decision on "a presump
tton of undue Influence," Probate
Judge Horner today refused to admit
the will of William Nelson McCllntuck
to probate. -,... t
Joining forcen with cousins who are
seeking1 to prevent tidmfssfson to pro
bate of the will, Miss Isabella Pope,
fiancee of the millionaire youth, al
leged through her attorneys today that
the will was the result of a "criminal
conspiracy between William Darling
Shepherd" and others.
Shepherd, principal beneficiary un
der the wilt of his foster son,. offered
the testament for probate several days
ago.
Miss Pope, whose marriage to Mc
Clfntock was prevented by the boy's
sudden death last winter, wns recipient
of an $8000 annuity under the will.
"I should not like this case to leave
the court with a finding of undue In
fluence," said Judge Horner, "but he
cause a presumption of undue In
fluence has been developed from the
evidence of tho attesting witnesses, I
will deny this will to probate. It is
part of the system In Illinois that while
contestsants are bound by the evi
dence of the attesting witnesses, the
proponent of a will Is likewise bound."
Pointing out that the proponent had
recourse In other courts, he added:
"It Is the duty of the proponent to
remove the presumption of undue in
fluence." Two courses nre still open to Shep
herd. He may Initiate chancery pro
ceedings to mandamtls the probate
court to admit the will or appeal to
day's decision to a higher court.
SALEM, Ore., July 17. Archie W.
McKlllop, 'an employe of the state
printing department, attempted to
commit suicide a few minutes alter 11
o'clock today by ahootfntf hiinsolf
through the body at the rooms of him
self and wife. - He wus rushed to the
hospital, where, - early this morning,
the physician who operated on him
Bald he had a fair chance to recover.
McKlllop's act Is believed to have
been caused by domestic trouble. A
note written by McKlllop, though hav
ing no address on It, was evidently
Intended for his wife, said:
"There Is enotiKh to pay all we owe
and a little over. 1 love you."
I Chnuncey Florey was a business vis-
Itnr In Ashland yesterday forenoon. -
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iiini iirnAii mil
DOMESTIC TROUBLE
SUICIDE MOTIVE
i
2 SAWMILLS, AND 25 AUTOES OWNED
BY WORKERS. DESTROYED IN .FLAMES
PORTLAND, Ore., July7 (A. P.)
Loss In ytj;Wlny' l.innlon (Ira wltfrn
tha West Oregon Lumber company
a tha Beaver-Llnnlon Timber com
pany mlM)nnd ynrds were almost tu.
tally di'xTi uyc remained nt IBoo.oM
today. Two men, J. W. Fowler, em
ploye of Ihett'eat Oregon company,
waa severely Turned noul the arms
CONFESSION
IN TELEGRAM
SAVES scon
Ex-Millionaire, Doomed to
Hang, Given Last Minute
Reprieve Brother Admits
Killing, and Surrender Is
Promised Mystery Sur
rounds Case.
CHICAGO, July 17. (A. P.) A
new lease on life for one week has
been given Russell Scott, condemned
to die today for the murder of Jose M.
Maurer, a drugstore clerk. In a hold
up, i
Six hours before the lime set for the
execution of the erstwhile Canadian,
miner, Governor Small, moved by a
mysterious message from Detroit,
granted a reprieve. It came when all
hope had been abandoned by Sontt and
his wife and aged father who had
worked for weeks to save hiin.
The Detroit message nlgned "Hub
ert Scott." confessed the killing and'
promised surrender, urging that the
hanging be deluyed. It had been giv
en to a messenger boy on the street by
a young man. investigation disclosed.
Scott has maintained thut Robert, his
brother, was the slayer.
The thirty year old condemned man,
whose colorful career has Included
vaudeville acting, uuthorshlp of books
on business methods nnd ethics, pro
motion of million dutlur enterprises
und finally bootlegging, was prepared
for death when news of the reprieve
came. He had bade farewell to his
father und asked that the Instrlptlun
"murdered by the state of Illinois," be
placed on his tombstone.
Governor Small's action came after
Scott's relatives early this week hail
been unsuccessful In efforts to obtain
a reprieve or commutation. ...
Businessmen and friends of.: Scott,
who three years ago was rated as a
millionaire In Windsor, Ont., address
ed an appeal for clemency to Presi
dent Coolldge.
Several reprieves previously had
been granted while the supreme court
of Illinois passed on the case.
Maurer was shot and killed April 2,
1024, in the basement nf a drug store.
Scott maintained his brother fired the
shuts during a quarrel at a drinking
party, but the prosecution contended a
holdup had been staged by the broth
ers.
Russell ficott, arrested the next dny.
pleaded guilty to murder, but when
the court Indicated a deut hsentence
would be Imposed, his attorney burst
Into tears and pleaded for mercy,
Through a technicality the plea wns
withdrawn and Scott was tried and
sentenced by a jury, whose judgment
wns sustained by the supreme court.
In his heyday, Scott headed a $30
000,000 sales corporation In Windsor.
Ont., Interested In the construction of
a $12,000,000 bridge over the Detroit
river. The projest failed and Scott
went broke. t
SHOT IN HOLD UP
NRW YORK, July 17. (Ai :j
Frederick Smith, former city alder
man, was shot severely this afternoon
during nn attempted payroll robbery
by 'three armed men In Christopher
street. Almost at the same time, two
men attempted a $10,000 payroll rob
bery In the offices of the United
States Trucklng corporation In Canal
street of which' Governor Smith was
formerly president.
miOOKJ.INE, Mans., July 17. Mrs.
J. II. J8niii or Wilmington, Del., ftrtli
In the notional tennis ranking. (In
feutcd Mlns Eleanor (Ions or New
York, who ranks one place higher, to
gain the final bracket In the women's
Invitational tournament -lit the Long
wood club today. 'TJie scores were
8-3. 6 0.
Miss Helen Wills of Hei"kelo). Cnl.,
defeated Mrs. K. II. Cole of North
Anrtover, 6 4, 6 0. This vlclory en
titled the nntlonal champion to meet
Mrs. Jessup In the finals.
and Rides, and . Nf. Orchard, hose
man, was burned nhout the arms,
while fighting the flames.
In S'Mltlun. six railroad box cars
nnd 2 A uutomohlles, the Intter owned
by the employes of the West Oregon
compnny were destroyed. Tha losa Is
believed about evenly divided between
the two concerns. Both mills will b
Wuullt at ones, It was announced,
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