Medford mail tribune. (Medford, Or.) 1909-1989, July 28, 1925, Image 1

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The Weather
EDFORD
KIBUNE
Weather ear Ago
Mxlmiim OH
Minimum 3D
Prediction Kill tonight
Cooler WctliivMly
Mxlmuiu yeslerdy 7
Minimum tody ...4
Oilljr Twentieth Year.
WcUy Pmytourlli tat,
M EDFORD, OK KAON-, TUKSDAY, JULY 28, 1923
NO. 109
M
MAILT
m
BRYAN S LAST
ADDRESS IS
MADE PUBLIC
Widow of . Great Commoner
- Gives Undelivered Speech
Against Evolution to World
Bigotry Is Denied Claim
Made That Science Destroys
Religion and Morality.
DAYTON, Teun., July 28. (A. P.)
Viewed by men (ram the mountains
and by women whoso shoulders were
bowed from toll, the still form of
William Jennings Bryan lay in sluto
late today in an -unpretentious south
ern home. ,
Quietly and with solemn faces the
caHt Tennessee hlllmen filed into the
Richard Rogers homo and, stepping
softly, moved Into the flower-strewn
front room, where . roclinod In Ills
casket the body of the former secrc-1
tary or mate, eloquent auvocato or
universal iieace.
They looked intently a moment at
the peaceful face of him to whom they
had looked and looked not in vain
as the champion of their Christian
faith. They looked upon tho proud
and noble features-under their glazed
covering and moved away, passing
around a lone se'ntry of the American
Legion, posted with arms folded over
his olive drab breast
DAY.TON, Tonn.. July 28. (By the
Associated ' Press.) "The Tennessee
rase." an-address prepared by Wliliitin
Jennies Bryan in defense of the Ten
nessee anti-evolution law which iho
lute 'commoner was prevented from
delivering at the Dayton trial because
of an early termination o fthe case,
was made known lo the world toduy
by Mrs. Bryan. -
"A sudden decision of the defense lo
submit the case without argument and
p permit a verdict ;of.uilty. prevented
the delivery of the speech, says an In
troductory nolo to Mr, Bryan's nd
drosB. A-. .' - -
"As it presents the Issues Involved
mid the requirements of the law pro
hibiting tho teaching In public schools
of any hypothesis that makes man a
descendant of any lower form of life.
It In printed for the information of the
general public."
Mr. Bryan declared In the address
that the case was no longer local but
It hnd assumed the proportions of a
battle-royal between unbelief that at
tempts Jo speak through so-cnlled
sicence and tho defenders of the Chris
tian faith speaking through the legis
lature of Tennessee.
'It Is for the Jury to determine
whether this attack uuoti Christian re
gion shal he permitted in the public
schools of Tennessee by teachers em
' ployed by the state and paid out of tho
public treasury," was a conclusion
drawn.
No Within Vkilnlcil
AsertlnL' that "this law does not vio
late any riKltts guaranteed lv any con
stitution to any individual," and was
not an interference with freedom of
conscience, Mr. Bryan indicted ovolu
1 tlon on five brqad counts the first of
which "Is that It disputes the truth of I
tho lBblo account of man' erentlon i
end "hakes man's faith in tho Bible as
the Word of God."
"This indictment we prove by coin
paring the processes described in the
evolutionary theory with tho text of
Genesis." he said. "It not only con
tradicts the Mosaic rocord as to tho
beginning of human life, but it dis
putes the Bible doctrine of reproduc
tion according to kind the greatest
scientific principle known."
"Our second indictment." the ad
dross said. "Is that the evolutionary
hypothesis carried to Its logical con
clusion disputes every vital truth of
the Bible. Its tendency, natural If not
Inevitable, is to lead those who really
accept it first to agnosticism and then
to atheism."
Darwin Is lUTuU'd
Hero Charles Darwin was referred
to to Illustrate what was meant by
this charge. - "I did -not In the least
doubt the strict and literal truth of
every word In the Bible." Darwin was
nuotod an saying of the period from
1S28 to 1931. Then, said Bryan; "tho
ffMntlnw'M on Pure Five)
v WOUNDED WAR VETERAN PREPARES FOR
! HIS 41 ST OPERATION IN LAST 7 YEARS
NEW YORK. July 28- (A. P.)
rank llasselberger was preparing
today for his forty-first operation In
the last sevenyears. .
Army surgeons, determined to put
Tlasselberger together again so that
he looks and feels as he did be.
fore torn almost to pieces In France
even years ago, will operate on hltn
again al the Walter Reld hospital in
WashlngtuQ nevt week.
Hasselberger enlisted In the regu
lar army and was. one. of the-first
tnen sent to Fnre. On Beptfrnber
AS. 11S. the section of trench in
Pioneer of Rdseburg
Found Starving; Too
Proud for. Charity
ROSEBURC. Ore.. July 28.
4 Wilbur Atkinson, 08 years old,
for 40 years a resident of the
county and for ton years city
dump tender at The Dalles, was
found this morning helpless and
slowly dying of starvation, at a f
point along the bank of the South
4 Umpqua river within a few blocks 4
4 of the heart of the city. For a
month he had lain ill with dls- 4
4 ease and too sick to work, and 4
4 for two weeks had tasted no food 4
4 other than a clover tea which he 4
4 brewed himself. His health 4
forced him to quit heavy work 4
12 years ago, he said, and he 4
remained in The Dalles, tending 4
the city dump for ton years. 4
Finally he was unable to do 4
that any longer and with his sav- 4
ings practically gone he came to 4
4 Roseburg in search of something 4
4 to do. At last, almost penniless 4
4 -and too proud to seek help or 4
4 charity, be crawled off to die. -
4 His condition finally attracted 4
4 attention and he was removed 4
4 this morning to the county hos- 4
4 pltal. - 4
TRAGIC ENDS FOR
NINE IN DAY IS
ACC1DENTT0LL
Series of Unusual Events
Boy of Three Chokes When
Rooster Leaps at Him
Water, Weapons and Autos
Contribute to List.
PORTLAND, Ore., July 28. Nluo
persons met accidental death1 In" Ore
gon und western Washington lu the
last twenty-four hours.
' Sieve Casalc, Italian furiner, and
his five year old son, Louis, were
killed yesterday afternoon when their
truck was struck by un O. W. R. &
N. train. Philip Phllllpi, In the em
ploy of Casulc, another -occupant of
the truck, was probably fatally In
jured. , '
J. C. Wilson, Portland vacationist,
was drowned in the surf at Seaside
and his body lias not yet been re
covered, Edward s. Hillery, another Port,
land resident, was drowned at Oak
firove beach on tho Willamette river
Monday evening.
C. C. Parks. 25, of Forent Grove,
was drowned In McClure's lake, west
f Rowena..
Jack Mayflcld.' 3. strangled to
death at Bend on a carrot which ho
swallowed when a rooster Jumped
at him.
Harvey Clmppel. 21, of Hcppner,
died from gunshot wound the trig
ger of which was pulled by his bunk
mate. Edward Sheridan, who de
clared that ho did not know the gun
was louded. -
Ael seaburg. (17. an employe of
tho union Pnclflc railroad, was killed
when he was crushed between two
cars at Huntington, Monday.
Robert G. Fisher, 23, of Port An
geles. Wash., was drowned in Lako
Sutherland when a rowboat over
turned 16 feet from the shore.-
NEW ENGLAND ELKS ARE
.OCCIDENT
ALBEllQUERQUt!, N. July 28
(A. . P.) A . number of passengers
wero Injured, none seriously today,
when a special Santa Fo train 'carry
ing Now England Elks homo from the
Portland, Ore., annual eonventlon of
tho order, wus derailed at Porca, New
Mexico.
Hatliond reports silil eight cars
wore derailed. Atiuut 175 Elks and
their families were abroad.
The wreck was due to a wunhout.
which he was stationed was bombed
by German airplanes alM he was
taken to a first aid station, halt
blinded and apparently dead. There'
was a piece of steel In almost every
square Inch of Ills body.
The Walter Held hospital surgeons
decided lo reconstruct what was left
of Hasselberger's body. They restbred
his sight completely and then devot-j
ed themselves to skin grafting opo-
rations and plastic surgery on his
body. Forty operations' over a pe
riod of seven years were performed
on all part of his body.
LOVE DUEL
NOTE HELD
FRAME-UP
New Evidence in California
Crime Mystery Points to
Double Murderer, As Writer
of Hate Letter Maid's Tale
Refutes Theory.
BltAWLEY. Cal.. July 28. (By
Iho Associated Press) Officers un
covered evidence today which brand
ed us false the letter purporting to
have boon' left by John Trudon,
telling the story of a duel in which
ho killed Henry Kirk, July 18.
At the same lime other ovidenco
tended to provo tnat tho lettor round
in Trudon's pocket and bearing his
name as a signature was not written
by Trudon at all.
Today's revelations went a long
way In the minds of officers and In
vestigating newspapermen towards
substantiating the theory that botli
Kirk and Truden died at the handn
of a third party and that Truden
did not kill Kirk and then take his
own life as outlined in tho supposed
death nuto.
TJie latest definito cluo in the
mystery which has furnished one of
the most baffling problems ever re
corded In southern California's crim
inal annals, was the statoment toduy
by a maid at the Imperial hotel of
Imperial, a nearby town where both
Kirk and Truden lived, that alio
knocked on Truden's door at eight
o'clock Saturday 'morning, July 18, to
tell him the time and that Truden
replied saying that he did not wish
to got up.
This declaration flatly rofutes tho
statement in tho letter purporting
to have been written by Truden In
which it auid that he .and Kirk had
argued an .tlio Uescrt" Aear JaeuriVba
from - before dawn that ; Saturday
morning unt U nearly noon and that
finally the duel was fought In which
Kirk fell with a mortal wound
Th , , n-...,.Jcl'et Justice McBrlde and Justices - : . '
Jet llL 1,1 '?L"dSL!'K and Coshow concurring,-- that v DAYTON, Tenn., July 28.-(A. P.)
,i " . y 1 1 Oswald West shall recover from Coos. Mrs. William Jennings Bryan went
found propped up against a k county 19,68G.G6, or the full amount by automobile to Chattanooga this
with a bullet hole In tho temple. of his clalm ror attoPney fees for rs. morning., accompanied by her daugh
the following Monday morning is, I roaontmg the county uef01.0 tne pmic ter, Mrs. Ruth Owen, and Mrs. W. H.
m the minds of a number of Inves-, lgndg commlttee ln congress relative Hormln Jennings, widow of a formor
tlgators attributed now to tho hand , to tn0 Coo8 bay wagon road ,,, governor of Florida,
which Is believed to have taken tho,grallt The 0)n0I1 affirms Judge The "party-left with the announco
llves of both Kirk and Trudon. I H H Roll whn ImnrH Ilin nn In tho ment that the nurnose was In olvn
This missive related the story '
six
vmu iouu m uo,vU, west s appearance before tho eon
between Kirk and Truden, of Vrenlnnul ,.nmmlttoe was In bphuir nf
origin
an eurly morning argument
desert between the two which culml.jthe United States from the Southern
iiillvu hi k uutn ill wnicn IVirK waB.ni.n7nn mninnnv rT n ilnnri nf rpnon.
shot dead and of an agreement that
tho winner of tho duel would com
mit suicide within three days.
LOS ANGELE8. July 28. tA. P.)
STAR f OR RANSOM
Douglas Fairbanks, motion picture approved by tho CoOs county court 8on- Marberry, Russell, Ogden and
star and husband of Mary Pickford and a contract made with WeBL But Ruel, Bevoreid. -was
the first witness called at tho when West presented the claim the '" ,
afternoon -session of tho. trial here court would allow him only $1000. It' At Boston '. . R. H. R
today of three men accused of plot, was held that -the employment of West Cleveland .-. ...;...l(t 24 3
ting to kidnap and hold Mary Pick- was Illegal and contrary to public . Boston 7 10 1
ford far ransom. I policy, that the services of West were 1 Smith and Myatt, U Sewell: Ruff-
I lobbying services and the contract a '8. ? "I"". Neubauer, Ross and MetvlnR.
1 nu juitct ,.-1, no 1 1, Inlitivlncr nnnlrunl II WNf nllnD-nrl lhaf I ' '
ttja nmiBUBo, O II I J o. t, I .
A statement that they "would
... ..,
uuv iu anuub mury I'icKiura, screen
star, If she made armed resistance
during un attempt to kidnap her was
credited to three men , In " cou irt he
today by tho testimony of Ben Smith,
a police reporter, who declared he
listened to conversation oneornlnir
concerning
.111 alleged plot lo kidnap the actress.
Smith testified he ntene,i . ii,
alleged conversation by the aid of
a physician's stethoscope p I a.c e d
under a dour in a downtown hotel
where the district attorney charges,
the men talked about the alleged
affair.
Smith said he heard the men plan
to disguise themselves as merrymak
ing Hhrlners, whose conclave was In
session here then, and take the act
ress from hor car In an apparently
Jocular manner.
The men on trial are Charles 8to-
phen. Claude llolcomb and Adrian
J. Wood. The former Is an aulo- Officials- at the naval operating
mobile salesman and the two lutter base were without Information this
truck drivers. (afternoon as to tlie location of c-
Mary pickford and Douglas Fair- tlvltles ol Iho naval dirigible Hben
banks were not In court durlna the andoah, which left Lnkohurat last
mSYnlng session, ' Both have been
nuiiuenaea ana Fairbanks was ex.
pectcd to take the stand late today,
the district attorney said.
Bryan's Daughter Arrive.
DAYTON, Tenn.. July 28. (A. P.)
Mrs. Ruth Owen, daughter of Wll-1
jomea ner motheihere
early today.
U.'S. Envoy Dies
il t -I
Edgar Addison Bancroft. '
TOKIO, July ?ai. Edgar Addison
Bancroft, American ambassador to
Japan, died this .(IWeducsday) morn
ing at Karuizawa.
Ambassador Bancroft was taken 111
at Karuizawa, a popular mountain re
sort in central Japan, where he was
spending the summer, about three .
weeks ago. At first It was thought he
was suffering from, lr-dlgestlon but his
,.i,i !!,,. ,,, ;....i .,ii
trouble later was diagnosed as a small
duodenal ulcer, j
COOS MUST PAY
OS WEST CLAIM
TIMBER CASE
Ex-Governor of,' Oregon Wins ' ,n tho 1ew York "" p
"u "V V,V3V" " terlan church some time Friday, Mrs.
tlQnnn Feo fiptc- Fnnr Bryan annuuncd today.
. $I9,UUU. ree UBlb rUUI. The Rev Wallace Rudcliffe. pastor
: n'.' t'T r-i -j of the' church whero the funerul scr-
' Per Lent 0t laXeS ralO .vices for the former secretary of state
I wll be held, luut been for many years a
' Services' Were Lobbying, Mend ot the commoner and his
Says County sCoiirtl
SALEM, Ore., July 28. Tho state
f"'""".."'"; . v7.i
lower court for Lane county.
"".a mil proviuing lor ine acceptance oy-
ml 1 . 1. .. i t . 1. aA..krn
veyance of lands granted to the state
ot Oregon by the Coos bay grant act
and which provided that the govern-1
ment should pay Coos county all taxes,,
costs, interests and penalties thereon.
On February 26, 819, congress en
acted a law which provided for the
payment of $400,000 to tho county and
a further payment of 20 per conl ol'i
the proceeds of tho sales of land and
timber from the granted lands in Coos
county, bringing tho total sum paid
.the county, up to 1492,141.88.
I Douglas county was also Interested
In the congressional act and West .
entered Into an agreemont with tho I
county Judges of Coos and Douglas)
I counties whereby his compensation '
would be 4 per cent of the amount
recovered by Coos county for taxes.
or I19.G8B.68. This agreement was
. . . o - -
County Judgo James Watson was re-'
naltoH at an nlnflinn .lllnn 119 nnd
" .
that when West entered into the 8 -
ment wllh Watson and County Judge
W. Marsters of Douglas county,
noln ne ""d Watson Know tne ouicomo
ofJhe a'octlon. '
Tho suireme court states that the
11,0 supremo coun sinivs mm mo
tirt "as lounu no error in
tho rocord and on that basis upholds ,
tho lower court.
SHENANDOAH SENDS
NO FLIGHT WORD
P.)
NORFOLK. Va.. July 28. -t A.
night. . If messHges have been Stent
either by the Shenandoah or the bat
tleship Texas, which has been mak-
ng experiments with tho big airship,
they have been In code and directed
to the navy department.
Mrs. J. W. Vard was among the
visitors who were In the city today
from the Eagle Point district.
FUNERAL
TO BE FRIDAY
Mrs. Bryan Selects New York
Avenue Presbyterian Church
for Final Services Rev.
Wallace Radcliffe, Friend
; of Family to Officiate.
'DAYTON, Teun., July 28. (A. P.)
Funeral services wore said over the
body of Willlnm Jennings Bryan hero
lato today.
The column formed at the stops of
the humble home at 2 o'clock, whero
a blue clothed officer directed tho
movement into the hushed, but choor
ful chamber of tho dead.
Thoy came from the hillside farms
and towns of southeast Tennossee,
"""! l T " " .,
Bingliamdad women. Among them
were Dayton folk,,, companions of the
commoners last days and eager sup
porters In his last, great struggle,
Wouion and children out-numborod
the men. Wide-eyed boys and little
girls clinging to their parents' hands,
Hp-toed to catch a glimpse of tho now
Immobile features.
In the hall and at the' entrance. In
sailor uniform stood two youug men
of the Dayton guard of honor, to guide
the stream of humanity entering and
returning.
Across tho passage from whero her
husband lay, Mrs. Bryan sat in her
invalid's chair behind closed doors.
DAYTON, Tenn., July' 28. (A.' P.)
Funeral services for William Jen
nings Bryan will bo held In Waal' hi:-.
The exact hour .of the fpnerul will
depend upon the time- of. tho arrival
in Washington" of - William Jennings
uryan, me younger, wno wun nis sis.
tcr, Mrs. "Grace Hurgreaves, Is en route
. .uu
,.Mrs. Bryan an outing and to do some
noceesary , snopping. , They expected
to -return to On v ton before 2 o'elork
wnnu mw, uuuy m mr. uryan win oo
laU In Blnln. T Vi I .. ,Ba iuA ft !.
laid In stnto, This was the first time
Al TS. 15ryan nafl left tne Klf!llnrrl Rflir.
era premises slnco her husband's death
Sunday,,, .
: . -- r
BASEBALL SCORES
,., , . 1
NEW YORK, July 28. (A. P.)
Babe Ruth hit his 11th home run of
"e season today against Wlngard of
l-me sovenm inning, rne
blow,. , Into the right field standi,
scored Paschal from third,
,S 1'.', ''
. " American League.
Washington , n; U. fc.
mcago ............ v.;.. : .id 11
Washington 5 11
1
Lyons. Connelly and Schalk; John-
, , -f vb
,'1' we.w
l, LOIllS
R. 11. E.
3 8 0
v. a o .
'twljLri - - ''': - 1;"'''"' '
Wlngard, falk and- Hargroaves:
Shawkey and Bengough,.
.. '' National League.
Al lilllul.niir
It
H. K.
-
-
rl"n r
1 7 2
G90
Benton, Marquard
and
Selmer;
Meadows and Smith.
I At Cincinnati ' . R. H. tl.
Philadelphia ...;. 0 5 0
Cincinnati . Hal
I Ring and Wilson; Luque anil Mar
graves. , 1 '
At ' Chicago ' ' R. H. B.
New York 10 8 1
I Chicago 3 G 0
IBentley and Onwdy; Cooper, Bush,
Jones nnd Gonzales.
1 v
SALEM. Ore., July 28 (A. P.)
Ilnrrm Much, u Inent man. .uraa sen.
,..,, , . yo.r, . lh. I,(,nit.n,i.Py
ana- t0 . IOoo fine by Clroult
I Judge Kelly'today. on a muonshlnlnf
'charm.
fence ever Imposed lo Marlon county
for violation of the liquor laws.
BRYAN
INWA1NGT0N
- i
i
Oregon News
in Brief
Milt Miller Reveals
True Story Bryan's
Break With Wilson
4 PORTLAND, Ore.. July 28. 4
4 (A. P.) Milton A. Miller of Port-
4 land, an intimate friend of the
4 lato William Jennings Bryan, ro- 4
4 vculcd here today an account that 4
4 Brynn gave him in 1920 of why 4
4 he happened to quit tho cabinet 4
4 of President .Wilson. It had 4
4 nothing to do with tho presl
4 dent's notes to Germany or with 4"
4 a glass of water, as Washington 4
4 dispatches have reportod, said 4
4 Miller. 4
4 "The United Stalos wns having 4
4 much trouble with Austria dur- 4
4 ing the spring and summer of 4
4 1915," said Millor. "Austrluns 4
4 wero causing trouble In our mu- 4
4 nltlons factories and it wns 4
4 thought that the embassy wan 4
4 plotting with the German war 4
4 office to crlpplo our plants." 4
CONFERENCE IS
STILL Fl
President Coolidge Believes
Consummation of European
Security Pact Would Lay
. Foundation for Further Dis
armamentOpposes Haste,
However.
KWAMPSCOTT, Mass., July 28.
(A. P ) Consummation of the Eu
ropean.. security pact In- 'the opinion
I of President Coolidge woul-5 lay a
foundation for further disarmament,
j i Publlahed reports thut tho presl--I
dent find given up hopo for another
I armament conference Wero denied
today at tho summer white house,
UIIIIUUK'I It WHS piilllll'U Ulll wini
conditions In Europe are not yet
propltous for Initiating' a definito
move for a conference.
It was stated there' had been on
chunge In the status of the proposal
which thus far has been confined
to preliminary and rather IndcfThlto
suggestions from tho administration
that It would make an effort to
have the conference 'called whenever
there appeared to be any likelihood
of Its going through to u successful
termination.
It wus reiterated nt While Court
that president Coolidge, - although
hopeful that another armament con
ference can be arranged. Intends to
bide his time until European condl.
tlona become as stable as possible,
lie realizes that thoro probably
will never bo perfect conditions for
another conference but ho bollovos
no. good eould come from an effort
to hold ono until the situation
abroad la such as to give iho move
ment the largest possible prospoct
of success.
Pr'esldont Coolidge did not want
to Inject the armament question Into
the DawcB plan, during Its formula
tion and thought It Inudvisublo to
press hhy" proposal while tho plan
was bel(g put in operation and
thought It advisable to hold his pro
posal In abeyance during the Geneva
arms conference and now Is of the
I opinion ' that U should await the
putting Into effect of the security
I agreement.
The security pact, In the presi-
uni n uiHiuun, in no way disposes
Of the armament question and tho
field Is oft open for discussion of
International adjustments In which
the United Htutes would take a load
ing part.
N. Y. Price Women's
Clothes Takes Tumble
NEW YORK.vJuly 28. (A. P.)
The lowest prices in many years wore
quoted on women's wear fabrics today
by the American Woolen company, lit
opening Us lines for tho spring of
jiio. -me reduction rollnwed similar
I price cilia announced yesterday on
men's wear lines, based on lower wool,
lanor and other manufacturing costs.
The koy number of women's fabric
Was priced 1714c a yurd below that of
the last opening.
BEND, Ore., July 2S (A. P.) A
ft'iulhern Pacific branch line Into the
fir belt of the McKenzle slope, In the
Deschutes national forest. Is consid
ered probable by Robert E. Hlrahorn.
builder of railroads, who Is here with
a party of Southern Pacific officials.
Hlrahorn said the purpose , ot the
visit was to got data on the possible
tonnage In the Klamath country. The
party expects to be her four or five
DISARMAMENT
WORED
S. P. CONSIDERING EXTENSION OF BRANCH
LINE INTO FIR TIMBER OEM
. 11- .... . ,
CELL DOORS
3
Father of One Member of
Prison Parole Board and
Long Active in Rescue Work
Supreme Court Upholds
. Sentences Case Is Sordid.
SALEM, ore.. July 28. Allen Mc
Iju en. a Portland youth, ' whose
tin her. w. O. McLaren. 1b a stato
prison official as a member of tho
state parole board, must enter the
stato prison as a convict to servo
a maximum of four years. With him,
as fellow convlctn, will be OUdwIn
Luwpaugh and Archlo Livingston,
sentenced to sorve five and two
yours respectively. The three youths
were convlctod before Judge J. U,
Campbell In the lower court for
Clnckamns county of a statutory
crime. Tho supreme court today, in
ai opinion written by Justice. Co
show affirmed the lower court1, 'de
claring that "the defendants had' a
fair and Impartial trial, the -Judgment
of the court wus merciful and
la affirmed." ,'
Chief Justice McBrlde and Jus
tices Burnett and Rand concurred.
W. G. McLaren, father of Allen
McLaren has for years been Inter
ested ln rescue and aid work for
prisoners, and has 'been identified
prominently with organizations for
that purpose.
The three youUts were indicted
Jointly. In the iupeal they assign
23 alleged errora In the lower court.
Among these they complained about
remarks made by District' .Attorney
Llvy Stlpp, In his opening stato.
ment to the effect that he would
t'rnvo Roscoe p. llursb, attorney for
McLaren, attempted to Intimidate the
prosecuting witness and. her mother,
prior to tho' "trial. ; The supreme
court holds that Stlpp was In good
fuith. - ' ; ' , - r -
The '-appellant- also alleged error
upon the court's refusal to com
pel the stato to elect the particular
offenso upon which it rulod for. con
viction, only ono offenso was
charged in the indictment. . There
was no attempt by the state to
prove actual rape by either McLaren
or Livingston, but tho evidence in
dicated that both had Illicit relations
with the prosecuting witness imme
diately after, rape had been com
mitted by Lawpaugh. ' -
"The three were acting together."
says the opinion and their conduct
during tho entire time they were
with the young ludlcs was admis
sible for the purpose of showing
the part they took In the commis
sion of the crime charged against
all three of them. It we propel
to indict the defendants togethor
and to try them togother."'
Other allegations of error are not
uphold by tho opinion. - ;
ADULT IMMIGRANTS
TO BE El
SALEM, Ore., July 28. The stato
Americanization board cr&ited -. by
an act of 192G legislature, was today
appointed by the state boaord of
education. The member of the com.
mission are: L. R. Wheeler, , Port
land; B. F. Irvine, Portland: Justice
John L. Itund, Salem; H. H. Herd
man, Portland and J. A. Buchanan,
Astoria. t .
The purpose of the commission Is .
to advance the education and Ameri
canization of adult immigrants. In
Oregon. The members of the com- 1
mission roceive no salaries.
Tho state board of education that
made the appointment Is composed"'
of Slate School Superintendent J, A,
Churchill, Governor Pierce ; ttijd 'Sec
retary of State Kozer. , P 1
Kiihhrr Drops. -
LONDON. July 28 (A. P.) Crude
rubber prices which recently " rose
to unprecedented heights, ' weakened
rapidly .toduy under the pressure of
speculative sales, dropping three end.,
one-half peiire for spot quotations,
bringing the price to throe shillings.
ten pence, per pound.
'KENZIE SLOPE
days. They have conferred with Des
chutes national forest official! ;
Other members of the party' of
Southern Pacific officials In Bend are:
J. H. Dyer, general manager; Russell
Chase, assistant chief engineer; N, 11.
Bogue,' chief engineer of the Oregon
California and Eastern; Jam Miller,
district freight and passenger agent,
and 8. C. Bruce, timber expert of the
Southern Pacific.