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MONDAY. SEPTEMBER 5. 1960
MEDFORD MAIL TRIBUNE, MEDFORD. ORE.
What Is The Law?
O
Thii column U prepared as a public rrica by the
Willamette university, oaiem, to
College
explain
of Law,
basic lagal
provide
edviee. Tha reader it cautioned not to apply these cases
principles, not to
legal
to hit own problems without an attorney's advice.
differing facts may cnange ine ouicome.
for
Proof of Murder MuiPbe
Beyond a Reasonable Doubt
Most of us have the im
pression that a man cannot
be convicted of murder un
less the body of the victim
is found. Popularly, it is often
thought that a "corpus de-
licti" Is the victim's body.
The Impression is not correct.
ed solely by the confession
of the defendant made out of
tourt. The corpus delicti may,
however, be proved by the
out of court confession of the
defendant if that confession
is corroborated by other facts
and circumstances proved at
the trial.
The words corpus
delicti
l
mean, literally transiaiea, ine
body of the crime. Stated in
another way, it is said that
there can be no conviction
of a defendant for a crime
unless it is first proved that
a crime has actually been
committed.
In murder cases it is neces
sary to prove that the victim
is dead and that the death
was caused by the criminal
act of someone other than
the victim. This is known as
proof of the corpus delicti.
The proof must be made be
yond a reasonable doubt. In
the early history of criminal
law, direct evidence of the
commission of the crime was,
Indeed, required; but down
through the years the law
has changed, so that today
the corpus delicti may be
proved by circumstantial evi
dence. Even though the corpus de
licti is proved, the defendant
cannot be convicted unless
it is proved beyond a reason
able doubt that he is the per
son who committed the crime.
Proof that the defendant is
the person who committed
the crime is not part of the
corpus delicti itself, however.
Not long ago the California
courts affirmed the conviction
for murder of a husband
whose wife disappeared. The
wife's body was never found.
Shortly after the disappear
ance of the wife the husband
began to forge her name to
her stock certificates and
other securities. Various por
tions of the wife's personal
effects were found burned
and buried in the back yard
of the home which had been
occupied by the husband and
wife.
The court held that under
all the facts and circum
stances the corpus delicti had
been Droved beyond a reason
able doubt, even though the
.body of the murdered woman
was never found. In other
words, the court found that
the crime charged, the unlaw
ful killing of a human being
. by another with malice of
aforethought, had been com
mitted.
The disappearance of a per
son is not enough; there must
be proof of facts leading to
the conclusion that the per
on is dead and met death
hv the hand of another,
, The fact of death and the
fact that death was caused
hv a Derson other than the
deceased cannot be establish-
This column of general
legal principles is presented
by the Willamette University
College of Law. It is not
taken as legal advice. Slight
changes in the facts may
change the outcome of a case.
Grange Notes
Griffin Creek Grange
The Griffin Creek Grange
met recently with Master Her
man Kamping presiding. Reg
ular committee reports were
not given since it was the so
cial evening.
William Darby reported
that he finished pruning
tree at the corner of the lot
to better enable people using
Poorman Creek rd. to see tral-
fic anDroaching from the
left.
Jack Bierma reported on in
stallation of a new water tank
since the old one was faulty.
A turkey dinner was sched
uled Nov. 6 at the Grange
hall.
During the lecturer's hour,
a discussion of the Cuban sit
uation was held. The meeting
was adjourned, and refresh
ments served. The next meet-
ine will be Thursday, Sept. 8.
Upper Rogue Grange
The Upper Rogue Grange
met Thursday, Sept. 1, with
Master Eda Torrance presid
ing. Members voted a dona
tion to the Oregon State
Granae to aid In the campaign
for the defeat of the daylight
savins measure on the No
vember ballot.
It was recommended that a
letter be sent to the Jackson
County court notifying them
of the extremely dangerous
condition of. the catwalk on
the Laurelhurst bridge. Warn
ing posters will be installed at
each end of the bridge.
The HEC chairman made
reports on the recent rum
mage sale and announced that
the meeting Sept. 8 will be a
potluck at 1 p-m. at Tor
rance's home. Members are
urged to attend to make plans
for the public dinner Sept. 18.
During the lecturer's hour,
Mrs. Torrance and Mrs. Cham
berlain displayed their collec
tions of shells and coral and
English Toby rugs depicting
Dicken'i characters.
Mr. and -Mrs. Ted Shlmek
' and Mr. and Mrs. Charlet
Moorehead served refreshments.
Finch To Return
To Witness Stand
Again on Tuesday
Los Angeles -IUPD- Dr. R.
Bernard Finch returns to the
witness box Tuesday and his
testimony is expected to take
up all of the holldy-shortened
week.
Finch, 43, and his 23-year-
old mistress Carole Tregoff,
are on trial for their lives for
the second time, charged with
murder in the first degree for
the gun shot slaying of his
wife Barbara Jean July 18,
1959.
In addition to today's re
cess in observance of Labor
Day, court will recess Friday
for California Admission Day.
Told of Armistice
Called to the stand Thurs
day after Miss Tregoff told
her story, the greying surgeon
related reaching a marital
armistice with his wife where
by each could go their own
way. He said they reached
this decision when their love
cooled and a divorce was
ruled out becaue of his practice.
It was then, he said, he be
gan dating Carole, his auburn-
haired medical secretary, and
rented a hideaway . apartment
where they met secretly and
were frequently Intimate.
Finch, in jail since the day
after his wife's body was
found, denied "intentionally
killing" her when she asked
for a divorce and a share of
his property once estimated
at $750,000.
Shot Said Accidental
The prosecution contends he
and Carole went to the hill
top home in nearby West
Covina with a "murder kit"
and a plan to take the social
ite's life. Finch testified the
fatal shot was fired as he at
tempted to throw the gun
away during an argument.
Tuesday will make the 10th
week of the second trial,
which probably wil continue
into October. The first trial
lasted three months and end
ed with a hung jury.
Duke of Bedford
Takes Third Wife
Woburn, England (UPD
The flamboyant Duke of Bed
ford was married Sunday to
kis third wife, wealthy French
Television producer Nicole
Milinair who showed up for
the ceremony with her four
children by a previous mar
riage. The duke, 43, and Nicole,
40, slipped out of the duke's
tourist - jammed stately home
in a grocery truck and were
married in a civil ceremony
at the registrar's office in
Ampthill, a village near the
Duke's estate, Woburn Abbey.
Two of the duke's three
children also attended the
ceremony.
The duke has won fame in
Britain - and displeasure
among some of the nobility -by
opening his stately home
Fair Weather in Most of Nation
By United Fnii International
Picnic weather was on tap
today for most of the United
States.
The U. S. Weather Bureau
said few exceptions would
cloud generally fair skies.
Exceptions included the Flori
da Peninsula and the Gulf
Coast. Eastern North Dakota
and Northern Minnesota were
due for scattered showers.
Isolated rainfall was forecast
for Arizona and New Mexico
to toffrists to help pay the
millions of dollars in inheri
tance taxes he owed. He has
equipped it with a jukebox,
zoo, espresso bar and once
held a nudist convention
there.
The duke and the new
duchess boarded an airliner
unnoticed and 45 minutes
early for a flight to Venice
and a' honeymoon.
mountains and the Northwest
Pacific states.
Northern Maryland and
Pennsylvania - Ohio thunder
storms diminished as Labor
Day began. Earlier Toledo,
Ohio, had reported 1-87 inch
es of rain in less than an hour.
Cool air spilled over heated
land and produced a band of
low clouds and fog from
Eastern Minnesota across the
Great Lakes into Pennsyl
vania. Lightning accompanied
storms in the Northern Great
Plains from Wyoming and
Montana into the Dakotas and
Western Nebraska.
Some early morning tem
peratures were: Boston, 60
degrees; Miami, 77; Detroit,
65; Minneapolis, 'Minn., 75;
Kansas City, Mo., 80; Atlanta,
Ga., 74; Phoenix, Ariz., 83;
San Francisco, Calif., 57;
Seattle, Wash., 53; Anchorage;
Alaska, 45, and Honolulu, 78.
Mississippi Miss Wants o
To Become Miss America
miumic v-uy, n .a .-tum-i . ousmuss later loaay wun a
long evening rehearsal for the
show that will be put on by
the contestants during the
four nights of judging that be
gii(t)Wednpsday. The prize to the pretty and
talent girl who succeeds Miss
Mead at Miss America is a
$10,000 scholarship and the
possibility of receiving as
much ft $80,000 in fees for
appearnnccs and modeling.
Another $25,000 in scholar
ships is up for grabs among
those whconly come close.
tricia Ann McRaney wants to
be Miss America but she
knows what it's like to be the
girl behind the girl behind the
girl.
The Mississippi miss is fol
lowing in two pretty sets of
footsteps-current Miss Amer
ica Lynda Lee Mead wild the
1959 Miss America Mary Ann
Moblcy, both former contest
ants from herehome slate and
schoolmates at the University
of Mississippi.
Miss !ycRaney was one of
25 "day early" arrivals Sun
day for the Miss America pag
eant which officially opens to
day with registration of the
contestants from all the 50
states, New York City, Chica
go, Washington, D.C., and
Canada.
The pageant gets down to
Anchorage. Alaska - IUPD -Sen.
John F. Kennedy flew to
this new political region Sat
urday night lo climax a 5,000
mile cross-country trip kick
ing off his "n e w-f rentier"
campaign for the presidency.
Kennedy Helps Stranded Airiffan
Detroit - (UPD - Sen. John F.
Kennedy provided space on
his chartered (impalgri jet
liner today for me emergency
flight home of a serviceman
notified his father was dw(
in Oklahoma.
The Democratic presiden
tial candidate gave a free air
borne lift to Airman lc Lloyd I,
D. Sheets, 25, and his wife,
Shirley, 24, Hobart, Okla., on
Kennedy's flight here from
Anchorage, Alaska. The sena
tor's staff also radioed ahead
for a reservation for him on
the first available flight out
of Detroit for his continued
trip home.
Sheets told newsmen his
father, Wilbur A. Sheets, a
retired farmer, was hospital
ized In Lawlon, Okla. He said
his father, a heart patient,
had been 111 since 1952 and
his condition became serious
enough to require surgery
three days ago.
Sheets said he was Informed
Sunday afternoon that debtors
had give his father only a
short time to live. He obtained
emergency leave and tried to
wke plamOconnections but
could not.
QJIRE FOUNDER DIES
Akron, Ohio - (UPD - William
F. O'Ncil, 75, founder and
board chairman of the Gen
eral Tire & Rubber Co., died
Sunday.
EX-BUSINESSMAN DIES
Rochester, N.Y.-lUPIi-Wesley
M. Angle, 77, former presi
dent of the Stromberg . Carl
son Co., died Saturday.
The United States uses
enough wood in manufactur
ing paper to build a bridge of
logs to the moon each year.
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Parachute Jumper
Didn't Have Time
To Describe Fall
Augusta, Ga.-IUPD-When Te
resa Ann Bichlmelr, a native
of Munich, Germany, married
Carl F. Morgan, an ex-U.S.
paratrooper in 1955, she
promised she would try to fol
low him in anything he did.
When Morgan became an
Army pilot, Mrs. Morgan fol
lowed him into the cockpit
and learned to fly. When he
resumed jumping, she donned(
a parachute and learned to
jump.
Sunday, Mrs. Morgan, 29,
was fitted with her para
chutes, a small hand micro
phone and a radio broadcast
ing set. She climbed into a
small plane with pilot Dick
Hafner and flew to about
5.300 feet for her third jump.
To Describe Sensation
As she fell, she was sup
posed to describe the sensa
tion to the crowd of 1,500
spectators at Augusta Speed
way. But the radio was never
used. Mrs. Morgan's para
chutes failed to open and she
plummeted to her death in a
swamp.
"As the pilot explained it,"
her husband said, "she was on
her back when she left the
plane. The main parachute
couldn't open. On her back
she couldn't see the ground
coming up at her. She waited
too long to pull the reserve'
chute rip cord." .
Mrs. Morgans body was
found near the racetrack by
motorcycle racers who Inter
rupted their race to help find
her. Beside her body was the
release handle for the emer
gency parachute. Around her
lay the partially opened safe
ty chute.
John Philip Sousa, the Unit
ed State military band lead
er and composer who died In
1932, was the ion of Por
tuguese musician.
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