Dr. Sam Asks Appeals Court
To Set Aside Murder Finding
Cleveland, O. U,R) Dr.
Samuel H. Sheppard Saturday
asked the court of appeals to set
aside his Dec. 21 conviction of
second degree murder because
of errors in trial procedure and
evidence that someone else com
mitted the crime last Independ
ence day.
The plea was in the form of a
365-page brief. The list of errors
was similar to ones made earlier
as basis for appeals, but refused.
The new evidence and theor
ies were made by Dr. Paul Kirk.
University of California crimin
ologist, who investigated the
crime after the 31-year-old os
teopath's conviction.
Kirk in Berkeley, Calif., said
his findings made a "very strong
case" for the innocence of Dr.
Sheppard, but added "that is
for a judge and jury to decide."
His conclusions were con
tained in a section titled "cir
cumstantial evidence" near the
end of the paper-bound brief.
They included the theories that
Marilyn Sheppard's murder was
committed by a left-handed sex
deviate who probably was bitten
on the hand by the victim.
He described the position of
the body to support the thesis
it was a left-handed killer, and
said tooth chips found under
the body indicated Mrs. Shep
pard had bitten her attacker.
There were no cuts inside the
mouth, he said, to show the
teeth had been broken by one
of the 25 blows that killed her.
Kirk, 53, said "things just
didn't look right" as he reviewed
the state's case against Dr. Shep-'
pard. He said details had been
"overlooked" or not "adequate
ly explained," and for that rea
son he became "suspicious very
quickly.
The brief was the final legal
step taken by Dr. Sheppard's
attorneys in preparing their ap
peal. Earlier, they had submitted
a 7,391 page bill of exceptions
including all the testimony of
the lengthy trial and a 37
page assignment of errors ac
companied today's brief.
Although Chief Defense At
torney William J. Corrigan
10 Hurt as Train
Plunges From Rails
Schodack Landing, N.Y. XU.R)
The New York Central's crack
Pacemaker passenger train was
derailed Saturday and ten per
sons were injured.
The locomotive of the 14 car
train plunged into the Hudson
river.
William Kelly, the engineer,
was trapped in his cab but a
young doctor who was a passen
ger on the train crawled on lad
ders out to the locomotive 30
yards offshore and helped free
Kelly.
The engineer was rushed to
Albany Memorial hospital, eight
miles north of here, in serious
condition after a priest who also
was a passenger had given him
last rites.
A landslide that swept away
part of the tracks was believed
to have caused the wreck. Some
of the passenger cars flipped
over on their sides, but only the
locomotive went into the river.
The tracks are only about two
yards above the river here.
Camp White Art Class Has
Pictures on Display Here
The first public showing in
Medf ord of the work of members
of the Camp White domiciliary
art class, who have completed
six months of instruction, opened
Friday at the Art Center. The
exhibit of 16 oil paintings will
be on display during April.
This gesture of recognition
was made possible through the
courtesy of John Ahern, promi
nent local artist and vice-president
of the Southern Oregon So
ciety of Artists.
The Camp White art class was
formed through arrangements
made by special services for vol
unteer instruction given by Vola
Tolman Blue, Gold Hill artist,
who visits the camp each Tues
day morning to teach the group
of a dozen or more beginners.
Pleased With Gesture
Frank Glonning, chief of spe
cial services, who is in charge of
the volunteer program at the
domiciliary, offered the follow
ing comment on the showing:
"I am very pleased with Mr.
Ahern's gesture of inviting our
artists, from Camp White to ex
hibit their- work in Medford. It
certainly exemplifies a health
ful association of member rela
tionship with the community
that we so desire to foster at all
times.
"This will also do much to
instill greater confidence in our
exhibitors, through such associ
ation. We hope everyone in the
community will take advantage
of this opportunity to view the
work of our disabled veterans."
Winfred Welch and Augustine
Arnold have five paintings each
in the exhibit! Eugene Roeder
and H. L. Williams have two
each ,and George Jennings and
Dan Dyer offered one apiece.
would not, identify which sec
tions were based on Kirk's find
ings, it was learned that those
advancing the left-handed kill
er and sex deviate theories were
made by the West Coast expert,
who was retained by the Shep
pard family at $100 a day.
The brief said the position
of the murder victim's body on
the bed, and the injuries she re
ceived, showed a left-handed per
son committed the crime. Her
husband, it pointed out, is right
handed. '
"The blows, the way they are
placed, the position of Mrs. Shep
pard's head, the fact that the
right hand was used in defen
sive action more than the left
indicates that the blows were
left-handed blows and the per
son who committed the murder
was left-handed," the brief stat
ed.
Judge East Warns
Of Growing Dispute
Between Law, Press
Eugene (U.R) There is a
growing conflict between the
press and the courts, .a circuit
judge said Friday during a panel
discussion on "freedom of in
formation" at the Oregon broad
casting conference here.
Circuit Judge William G. East
of Eugene warned that unless
some cooperative arrangements
can be worked out the situation
could "ultimately develop into
some form of unsatisfactory leg
islation against one group or the
other."
Speaks On Panel
Judge East appeared on a pan
el with Ralph Hardy, vice-president
of the National Association
of Radio and Television Broad
casters; Calvin Crumbaker,
former , Eugene city council
president, and Tom Lawson Mc
Call, Portland radio commen1
tator who acted as moderator.
The question of whether phot
ographers, microphones and tel
evision cameras should be al
lowed into courtrooms was de
bated. Judge East said he felt
it could cause great damage
because witnesses might not
testify as freely.
Greater Privileges
McCall said radio and tele
vision were enjoying greater
privileges and prestige at this
session of the Oregon Legisla
ture than ever before. But he
criticized some legislators who,
as former lawyers, he said car
ried over their inhibitions
against radio and television into
the Legislature.
7 -'
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oppressive, LAYERED heat?
i. Does it heat the floor FIRST?- (You live on the floor higher tempera
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6. Will it keep floor and ceiling within the same temperature range?
7. Is it impossible to SCORCH furniture or drapes, or burn children, even
if they are up to the heater?
8. Does it give "WHISPERING" heat AT YOUR FEET?
9. Does it give DUAL-PURPOSE use. Live Heat in winter-cooler air cir
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STEPHEN A. MITCHELL
Memorial Dinner Speaker
Former National
Democratic Leader
Slates Talk Here
Stephen A. Mitchell, former
Democratic national chairman,
Chicago lawyer, will be guest
speaker at the fifth annual Roos
evelt Memorial dinner to be held
Saturday evening, April 23, at
the Medford Junior High school
boys' gymnasium, according to
Democratic County Chairman
Robert A. Boyer.
Mitchell, a close friend of Ad
lai Stevenson, Sen. Paul Douglas,
Oregon's two senators and Demo
cratic leaders throughout the na
tion, recently made it clear that
in accepting the Medford invita
tion he was making an exception
to his previous decision "not to
speak this soon," Boyer said.
Praises Group
"The spirit and idealism with
which the Democrats of Jackson
county have launched and built
this unique Roosevelt Memorial
dinner has a special, werm ap
peal to many of us," he said in a
letter. "I not only gladly accept
this invitation but shall try and
induce Mrs. Mitchell to accom
pany me on the trip."
Elected Democratic national
chairman in September, 1952,
Mitchell, following the national
election, faced the task of elim
inating a campaign deficit and
rebuilding and strengthening a
party suddenly out of power
after 20 years. His work took
him into 42 states the first year,
where he met party leaders and
rank and file workers. During
his first year as chairman the
party initiated the "Democratic
Digest" as Well as a program of
publicity, research and speakers'
programs.
Wartime Service
During World War II Mitchell
served as chief of the French
division of the Lend-Lease ad
ministration, as chief advisor for
French economic affairs of the
State department and advisor in
the U. S. Embassy in Paris.
Mitchell, a native of Rock
Valley, Iowa, attended Creighton
university and is a graduate of
Georgetown university law
school in Washington. He is 52,
married and the father of three
sons.
"Dinner tickets now out are in
the hands of a committee headed
by Attorney William A. Death
erage, chairman, Medford. As
sisting him are Mrs. Albert
Straus, Mrs. Thomas Higgins,
James Main, Bruce Manley, Cecil
Norris, Medford; Mrs. Doris
Sunday, April 9, 19S8
MEDFORD (OREGON) MAIL TRIBUNE THREE
'Welfare State' Finds Most
Violet Critics North From
Arctic Circle in Finland
(Editor's note: This is anoth
er in a series of. articles writ
ten for The Mail Tribune by
Walter Maltila. Portland news
perman who Is now touring
the Scandinavian countries.)
By WALTER MATTILA
Mall Tribune Special Writer '
Kemijarvi, Finland (By Air
Mail "The welfare and secur
ity social aim" of Scandinavian
countries in general finds its
severest critics here well above
the Arctic Circle. This country
can afford to have only a part of
the usual Scandinavian attention
to every citizen.
An automobile dealer who was
harassed by critically low quotas
for the foreign car he sold said
even his crew did not care for
all the "welfare devices cooked
up in Helsinki."
Must Have Cook
He said he could pay his
employees considerably more
money if he did not have to
maintain a cook and lunch room
for them in a city of 15,000 and
numerous restaurants.
He complained he never knew
what his payroll was when he
showed up at his office, because
it would vary with every addition
to the families of his employees.
Automatic pay increases are pre
scribed for the father. The new
father also receives a minor child
support contribution from the
state.
Many Subsidies
The auto ' dealer said the tax
load on his business was 'in
creased by "absurd subsidies"
paid to farmers. One of these
called for a farmer getting a sub
sidy on jwhat he, his wife , and
children consumed. Admittedly
there are corpulent housewives
on the farms. ' '
Finnish agriculture, however,
appears to suffer seriously from
small unit operation. In Sweden
the Labor government has been
studying the conversion of the
least economical farms into tree
growing. Some foresters contend
aLr.ost a fourth of Swedish farm
land could be devoted to tree
farming without a serious de
cline in national revenue and no
huger pains in the Swedish stom
ach. Swedes eat well.
Face Tasks
All Scandinavian businessmen
who sell foreign products, such as
cars trucks and tractors, are
faced with almost insurmount
able tasks in getting permits to
import their stock in trade. This
situation generally is . getting
worse, with the least restraint
evident in Sweden. But the eco
nomic forecasts indicate that pur
chasing of American cars will
run into "dollar difficulties."
Sweden's imports from the
United States are much larger
than her exports.
In Finland the foreign car im
porter is facing ruin. Although
Russian cars are more expensive
and have an amazingly ' short,
useful life, the Finnish govern
ment is pushing them on the
people. In contrast to the serviee
provided by the distributor of
American cars, those handling
sales of Soviet models have, show
rooms. The Russian cars are
towed in and sputter out of
garages established by distribu
tors of American, British, French
and Swedish vehicles.
Excellent Reputation
The Swedish car, Volvio, has
an excellent reputation for en
durance, although it competes at
a disadvantage in price because
of small scale output. A Finnish
distributor of the vehivle, to il
lustrate its reputation for serv
ice, said some five years after
one of the first models was sold
in Lapland, a region hard on car
and man, an inquiry came at
last about maintenance. It was,
"How in the dickens do you open
the hood on this tarpot?"
Ben H. Todd Architect announces that
William H. Seibert ,
is now an associated architect with the firm
- BEN H. TODD
WILLIAM H. SEIBERT
Associated Architects
303 U.S. Natl. Bank Bldg, Tel. 2-51 80
Boothby, Prospect; Dr." Arthur
Kreisman, Mrs. L. Peers Wilmeth
and Sidney Ainsworth Ashland,
and Marcus Norton Phoenix.
m srv .see" - m m ; u
Call Trowbridge h.
Flynn today for in
' formation on the
better
Electric heat
THERMADOR.
Remember it takes a
minimum of
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to adequately heat 1
cubic foot space in this
area.
TROWBRIDGE & FLYNN
214 WEST MAIN
ELECTRIC COMPANY
MEDFORD
PHONE 2-5211
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