Tillamook headlight., August 02, 1906, Image 1

'M4
Vol. XIX. No. 8
TILLAMOOK, OREGON
.Ifffl PRIMI
oudidht
>1.50 per year.
TILLAMOOK COUNTY FAIR & CARNIVAL,
AUG
Hi
of animals similar to the skull of a
human being.
Q. : Couldn't you tell whether the
portion of a skull came from a human
or the skull of an animal 1
A. : I couldn't tell positively, Witness
was not willing to swear that the skull
bones were not those of a human ;
thought one of the pieces looked like
human skull bone.
Was shown a piece of bone, w hich
had been readily identified by Drs.
Upton and Smith as part of the ear
bone. Dr. Goucher testified that no one
could tell what it was; but corrected, on
further examination, that he could not
tell. Taking up one of the pieces of
bones he said that looked like a piece of
human bone.
the defence placed Lawson ¿nd Roy first
i
degree, milking 10 jurymen in favor WHERE IS TUK COUNTY AT?
Hembree, sons of defendant, aged 16 < of hanging Hembree, with Tubbesing for
and 14 years respectively. They testified murder
i
in the second degree and Hadley Attorteyi for the County Com­
.0.
menced Action Wrong Side Up.
to being at the ruins after the fire and to for
I acquittal. It was thought if Hudlev
An important decision was rendered
finding bones. When asked what they had
I
not been so obdnrnnt Tubbesing
did with them, they both said thev would not have stood out against mur­ by Judge McBride on Tuesday, in the
threw them in the direction of the stove. der
<
in the first, as eleven of the jurymen j Alderman cases. Mrs. Aiderman and
Evidently both boys had been schooled before
I
they left the court room were sat. [ the sureties had filed a plea in abatement
as to what they should say on the wit- isfied
i
that Hembree committed the ter­ in the cases brought by the county on 1
ness stand, but the spectators placed but rible
i
crime, while Hanley wanted to turn the ground that before the administia-
loose. This state of affairs continued trix could be sued the law required that'
little credence in the story that the boys him
I
had thrown in the direction of the stove fora
I
long time, but so ns to return a a claim should be presented to her for
OF
the bones of their mother and sister to verdict, those whowerein favor of hang­ allowance, and that what had been at-»
tempted to be done in this way was not
be carried away by them later. This did ing Hembree changed from murder in the
not help Hembree’s case, in fact it was a first degree to second degree, which is a a legal presentation of the claim, and }
had been so held by ludge Burnett, this
mistake that it was ever introduced if life sentence. Still Hudle.v remained ob­
being the matter with which our readers
it
was
intended
to
infer
that
the
bones
durate
nnd
held
up
lhe
jurv
in
favor
of
AND
'
acquittal. A little before noon on Sun are familiar when Handley & Thayer
came to be in the stove that way.
presented what purported to be u claim
The defence's witnesses helped the pros­ day the jury sent for judge McBride and
I against lhe estate of H. H. Alderman
©
ecution.
Dr.
Goucher,
when
he
took
up
the
attorneys.
Once
more
in
their
seats
Hembree’s Testimony.
for seven thousand dollars, and which
The defendant was called to the wit­ a piece of bone, and that found in the in the temple of justice, some of the jury­ on appeal to the county court was al­
ness stand in his own behalf, who; stove, and said that looked like human men had the appearance ol having put in lowed by Judge Conder. This was ap
seemed reasonably self-possessed upon bone, he played right into the hands of n tough night, looking tired and irritat­ pealed to the circuit court and change
direct examination, but the result of | prosecution. Hembree himself hurt his ed. Foreman Quick addressed the court of venue taken to Yamhill County, where •
Attorney McNary s cross-examination case when he described how the fire was bv saving that it seemed that the jury judge Burnett dismissed the proceeding
speaks for itself. Defendant stated di­ raging and leaping up the stairs when he could not agree upon a verdict in the holding that the claim was not properly
mensions of house to be 15 x 29. Was said he left his wife and daughter, for no first degree, but had almost agreed upon presented.
in habit of hauling wood regularly once woman would rush into such a flame as a verdict in the second degree. Hut what
The county has filed demurrers to the
a week, summer and winter, kept wood, that, unless no other way of escape pre the jury wanted to know was whether pleas in abatement in the several cases,
seated
itself.
And
as
to
his
sons
’
evidence,
they
could
fix
the
penalty.
Judge
Mc
­
shed lor all purposes—workshop, store
and in his decision ludge McBride over­
room, etc. Couldn't tell exactly what that was another sign of a weak defence Bride replied that was for the disiretion ruled the demurrers, holding that each
of the court and they ahould bring in a
time in the night it was he discovered
The Arguments.
verdict regardless of that. Juror Thump of the suits was prematurely brought.
the smoke. Said he knew it was before
Deputy District Attorney Cooper was
The Judge expressed himself as being
son
brought the switch ol hair into court
three o’clock.
the first to open the argument for the
quite clear as to the matter of suit
and
wanted
some
light
thrown
upon
it.
Q. : " Do you think it was mid- prosecution, and in reviewing the evi­
agaftisc the estate, and took the same
dence made a number of good points by as the jury was undecided whether the view as to the sureties, holding that it
night
hair
had
lieeii
cut
or
burned.
The
court
A. : "It must have been.”
linking together the chain of circumstan­
l would be unjust to proceed against the
Q. : " Do you think it was one tial evidence, and when he came to the could not give any further light other sureties when the principal in the bonds
than that given in the evidence. Juror
o’clock ?”
old iron stove he said if that could speak
could not be held responsible, particular­
A. : " I think so.”
it would tell of a most horrible crime Maxwell wanted some of Hembree's evi ly in view of the law which prescribes
dene*
read,
which
Judge
McBride
ordered
Q. : " Do you think it was two ?”
committed by the defendant.
the rule that in suing upon an official
Dr. Smith was also put on the witness
Attorney McCain folio wed for the de. I he court reporter to rend, but as he did bond the official and the sureties must
A. : ”1 don’t think so.”
not
have
it
in
court,
the
juror
withdrew
Q. : "Do you think it was half past fence, and in going over the evidence he
stand by the prosecution as to the identi­
be sued together.
fication of the bones.
tried to convince the jury that no crime the request. The jury then retired to it*
one 1”
Judge McBride took occasion in rend«
A. ; "I don't think much about it.”
had been committed and,tried to explain room, and it looked again as if the jury I ering the decision to comment upon the
Coroner Reynolds was also put on the
Defendant supposed the smoke waked I a way on the evidence which was of a would hung. The jurymen who had fact that a suit of a similar nature had
stand and related to »he jury what he
him tlult morning. He slept directly damaging character. When became to , changed from murder in the first degree been brought against the sheiiftof Wash-
saw when making an investigation.
, thought they had conceded enough, but
The prosecution closed its case Friday over the kitchen. The bedroom was full the finding of the toe th in the stove, he after talking over the cost of another , J ington County, based upon a report
afternoon, when court adjourned until of smoke, and quite a lot on the stair, taunted the prosecution as to what be­ trial, with the probability that it would made by the same experts who rxperted
Saturday morning to give the defence way. The sitting room was full of came of the other 27 teeth. He pulled a be taken to another county, they agreed the hooks of lhe county officials in this
time. Next morning the defence put on smoke, and all one side of the kitchen number of the witnesses to pieces and to a verdict of manslaughter rather than couuty. The experts had reported a
great stress upon the time between
shortage of five thousand dollars, but it
the stand but few witnesses, including was covered with smoke. When he first ,
waked up, he told Ins wife everything , tl>e fire and the finding of the bones in no verdict. Then the end was reached. turned out, on the trial of the case, that
MANSLAUGHTER IS THE the defendant.
A.
J.
Hembree
was
found
guilty
of
mur
­
was a tire. She took armful of articles ||lc stove, which were not founil uniil a
county was owing the sheriff about
Dr. Goucher for the Defence. and ran downstairs, she didn’t dress her-1 wrek or more after, and to the finding ol ing hi* only daughter, Or* Hembree, a* the
VERDICT.
$150, nnd he recovered judgment for
charged
in
the
indictment
The
judge
Dr. E. E. Goucher, of McMinnville, « self. Ora had armful of things when ! a tooth in March. Before he was thro
that amount.
explained away all lhe pros- «nd the attorneys were again sent for.
Came Near Being Murder in physician and surgeon of 24 years she got down stairs. The three were on 5 Uy|, ,le
The Judge also gave some expression
Only eight ballots were taken in the
of his views as to the matter of sureties
the First Degree—A Com­ practice, was defendant’s first witness, the stairway at the same time. De- ection'a evidence, nnd on that showing jury
room,
aa
follows
;
etc.,
of
the
Described the structure,
fendant ran to u tub and threw water „sked the jury to acquit the defendant,
for officials in a general way. It is his
promise Verdict.
human skull. Stated that the oils, fats. on the fire. Went for second bucket. I Attorney Pipe« commenced bv talking I 1st—First degree, 0 ; not guilty, 2
2nd—First degree, 10 ; second degree, I opinion that bonds should not be re.
etc., composing the contents of the skull, On return lire gushing out of door into ; smooth nnd nice to the jury, telling them 1 ; not guilty, 1.
quired from elective officers ; that each
Guilty of murder !
make it more combustible than other kitchen, and lhe etairway was burning, j whal intelligent nnd honorable men they
3rd—First degree, 8 ; second degree, voter of the county when voting for a
That was the conclusion that eleven of parts of the hotly ; that the brain burns
Took out bureau drawers llis wife and j weri> nnl| then launched off into nnelo- ' 3 ; not guilty, 1.
person for office, should thereby become
the jurymen had come toSaturday night readily ; that when burmng, the suit-
—Second degree, 11 ; not guilty. 1.
Ora were standing by foot of stairs. Ora ' qUent addres«, taking up the principal! 4th
surety
for the acts of the official, and
Sth
—
Second
degree,
6
;
manslaughter,
as they filed out of the court room alter stances within the skull would form a
said something «boot getting her trunk. pOinu in ‘lie case nnd tore them to pieces 6.
11 that it is unjust that a few men in any
listening to one of the most interesting combustible gas, sufficient, if exploding,
D-fendant said, " not to go up there ; one niter another in quick succession
6th—Second degree. 4 ; manslaughter, ( communilv should lie required to make
criminal cases ever tried in this county, to tear the skull apart. A human skull
While defendant an,j ¡n doing ao made a strong plea in ! 1
it was dangerous."
although all the evidence was circum­ whs introduced for purpose of illustra­
7th—Second degree. 2 ; manslaughter. I 1 (nod losses arising on account of the
and wife worked. Oia w as “ rushing ' |,ehult of the defendant. Mr. Pipes also
IO
1 lets of an official elected by all the peo«
stantial and the prosecution was not tion. Stated that if a skull was tilled
around throwing things out.” Didn’t see laid great stress upon the failure of the
8th—Manslaughter, 12.
>lr.
permitted to introduce anything as to with oats, and moistened with water,
wife and daughter .go upstairs Ora prosecution as to where the other 27 I It waa a bright, beautiful Sunday after
the previous character of the accused nor the oais would expand sufficient to said, " Oh, mamma, my trunk ” The
teeth were and challenged them to pro- noon,
(
with Judge Mi Bride on lhe bench,I
to the many incidents and threats that separate lhe skull, and that same would luotlier didn't say anything. Hembree
nuce them. Before closing he appealed i the
,
attorney* in their place«, a wearied
lead up to and were the real cause of come apart in complete form. Other went away and left them, after he
to the jury not to convict the old man | looking lot of men on lhe jury aland, a
the murder. Hembree has been proven human bone« were introduced for pur­ warned them not to go up. The house was
upon circumstantial evidence.
| few apectatora and a representative of
guilty after a fair trial, with the best of pose of illustration. Witness testified then all a tire; tlnee blazes reaching to
District Attorney McNary closed the ! the
,
Pre»« «at in the new court room, and
legal talent. It was al! on account of that he could not tell, without having a the ceiling, surrounding the stairs, the
argument, which the large crowd in the | wilh A. J. Hembree at the bar of justice
one juryman that a yerdict of manslau­ complete skull, whether bones were of a whole house was a tire, with the carpets,
court room had been anxiously waiting 1, charged with murder, and that of hia
ghter, instead of murder in the first de­ human skull or those of some other stairway* and sills burning, and with
to hear. He commenced by saying he own daugh'er. It waa the moat solemn
gree, was returned, which, probably, animal. That by subjecting the frag­
streaks of tlauie at head of «lair». After waa not there to persecute «nvone, but occasion of the whole trial, aa ludge
cheated the gallows out of another vic­ ments of a. human skull and the frag­ leaving them at foot of stairs. Defendant
to do his duty as the prosecuting attor , McBride naked lhe jury : •‘Gentlemen,
tim—that is if Hembree he is not tried for ments of a skull of any other animal to testified he went into kitchen ai.d threw
ney Hi« addre»« was pointed »nd wove have you arrived nt a verdict
In re.
and convicted of murdering his wife.
chemical anal) sis. it would be impossible out some thing, then went to front of around Hembree a chain of circumatan I | plv to thia Foreman Quick replied, “Yea
VVe give below a continuation of the to tell one from the other ; it was hie house. He didn’t hear the stairs fall.
tial evidence which made beads of pres j 1 air." He handed the verdict to the judge,
principal witnesses in the case, as we opinion no doctor or surgeon could say Didn't hear any sound of voices calling |
I piration appear on the face of the defend, j who handed it to County Clerk Lamb
gave the particulars of the case in our with any degree of positiveness that Hie Ran to wagon shed to look for them.
ant. After controverting the arguments ! wilh inatrucliona to read it. Hembree
last issue up to Friday noon :
' bones on exhibit were those of a human Asked why lie ran Che 40 or 50 step* to of the attorneys for the defence he grew ! waa told by the judge to atand up He
Dr. Upton said lie had examined the being That there was no way of telling lhe wagon shed, he replied that lie
xcarcasiic when he came to the challenge did ao. Then the clerk read the verdict
bones found in the stove, »nd when whether lhe «kull bones were broken wanted to find them a* soon as he could
| to produce the 27 teeth. Turning to Mr. | which declared that Hembree waa a
asked whether they were skull bone, he 'before or after being burned; that in House still standing when he started lor
Pipes he said, "Take your client into the murderer, the elayer of hia own dangh
said, “ This one is a |«ortion of the ear either case the edge« would be similar. Hoyts'.
Started little faster than a next room and ask him what had lie- ter Hembree, who haa maintained a
hone. That bone sets in the skull in That a fire hot enough to warp iron in walk. He slowed up because he clahued
1 come of the 27 teeth. He (Hembree) waa | bold front, although visibly nervous, was
A determined effort was mnde on be-
this manner at angels forward and in­
; the way the stove (on exhibit) waa he had a rupture and al way* wore a truss , the only man who could tell what had evidently aurpri«ed, lor he expected a die­ iialf of the county by Attorneys Thayer
ward. This would lhe a bone from the warped, would be very likely to wholly (no trace of such an ailment in evidence).
become of them.” The prosecuting at­ agreement yet for all that he appeared te Johnson to obtain a different decis­
right ear.” He was asked whether he consume the skull and some other parts Didn't say anything to Hoyt»' alarnt
torney told th* jurv that he would like to lie relieved and not very talkative «• ion, Mr. |ohnson remarking that if the
had examined the other bones and he
assistance ; didn't tell tliem what Ins 1 to know what had liecome of the teeth, i he waa taken back to hie cell.
of the skeleton.
county is required to present a claim
said he had. They were mixed bones.
District Attorney asked if the beat trouble was ; went without trow next but he had no |K>wer to wrench that 1 The verdict will long lie remembered in now against the estate and liegin new
Some were very cancellous and some
day. Didn’t ask Hoyts’ for any elotlles. ! from ’.he defendant, ns long as Hembree'« Tillamook lor several reasons. It waa suits, it would result that a large part
were not. The witness stated that It that melted the top portion of the stove
Asked if his wife and gill were up there. mo rth wu» closed and sealed. In answer the firat trial in the new court house, bl lhe amount claimed could not be re­
waa very difficult to mash the skull of came from the inside of lhe stove, if it
Said they were either burned or out in 1 to the attorney« on the oilier aide, who the worae crime ever committed in lhe covered, because the claim would lx
'
would
consume
the
skull
as
the
doctor
a hun.an being. When a»ked to examine
tile night air. He fell asleep «1 Hoyt* : had given lhe jury a great «peal because county," and the moat illogical verdict out la wed, having run more than six
the skull bon**s and state whether or had stated ! Dr. G. replied that he had
(for three hour») owing to pain in bead I the prosecution did not produce evidence ’ that could lie brought in lor ao aeriona a Years In addition to this, the fact that
not they were broken before or after­ not made that statement. That if lhe
and exhaustion and the malady.
to show the motive of the crime. Mr crime, lor if Hembree committed the foul from the years 1900 to 1902 no tax-
by
ward. lie stated they were likely broken skull was subject to the same heat that
Tlie District Attorney brought out some McNary answered this by saying that deed, and the jury aava he did nfler a fair collector's bond was given, and it being
before or during the tire. He did not the iron was, lie thought it would con­
I of the indescrepanciea in Hembree's the prosecution could not bring in that trial, a verdict of manslaughter ia a tra­ during this period that the greatest part
of
obaerve any sharp edges that would in­ sume It. Was asked if them wasn't
testimony. Put on shirt and drawers claaa of evidence in this state. If any of vesty on justice.
some
difference
in
the
size
and
shape
of
&
of
the
shortage
is
alleged
to
have
occur-
dicate the bone* were broken after n *rds.
iinstead of trousers, which would have the jnrymen had any doubt« aa to the
Johnson.
Ill* attorneys
county,
ed, it would
appear that for the th*
county
has
Motion for a New Trial.
"There * as one little piece that looks as skulls. Replied that there were. Was
been quickest.
Underclotbe* appeared innocence or guilt of tlie defendant, Mr
whether
the gain
county
will feel just of
­
little to
by itwrlf
a continuation
though it was broken afterwards. With asked if he coul In t tell, then, without
Il being Sunday when the verdict waa or very
’
fresh
and
clean.
Didn
’
t
go
himself
for
McNary's
argument
went
a
long
way
to
in proceeding
further
with claim-
the
the prosecution
of nny
these
suits. The
tl»at exception I wotihl consider tlxy Having the whole Skull, whether it waa
rendered, no legal business could lie ified
trunk, but let them. Di.in t tell on cross- unravel lhe mystery.
for which
succrss is ao
alight
as they
ed shortage,
now
protected
by
were broken before or during the fire of a human, or, for instance, of a cat
transacted, but it waa stipulited that prospects
examination of going with wifo to creek
ludge Mr. Bridecharged the jury, and
to lie. ’s bond, living a very
the appenr
tax-collector
It would take a very I m H fir»- to burn the I Replied that it might be ft a very small
Hembree's attorney« should move for a now
and
her
dropping
o
‘
ie
side
of
tub.
as
be
it
was
about
eleven
o'clock
when
tne
Th«) amount.
er Sc Johnaon appeared na
boiiM to lhe extent thew wrre lairned. child, and then one couldn't tell. But
new trial next day, ao on Monday the small
told on direct. Bald the brush acralcli*d jar» retired to conaider the verdict.
the addition
county in
cnaea,
This is the for
latest
to the large
Could not state the degree of Ixat. other Itould usually tell from the thickness
regular procedure waagone through and attorneys
' him going to lloyta'. N j person would j
The Verdict.
«nd Ralph
R. Duniwnv
nnd H.
Botta
of instances
in which
the T. county
than to say it would take a very hot tire. I «nd shape.
Judge McBride allowed thirty day* to numlier
y
Tlien it would he necessary for enter into a blaze to rescue a trunk
When the jurv left th* court room, tbia file exceptiona and lor a new trial, which has
repreaent
the a defence.
________
met with
decided
set back in the
When askeil whether an ordinary farm
, Arriving at lloyta’, wantej tliem to look is how the lury stood I
house one and one half stories high and vou to have a whole skull to tell whether
will be argued nt Oregon City on Aug. prosecution of these claims. It had been
for wife and daughter, ile slept late,
Spend
Save Galloway
One.
For murder in the firat degree—Foster., 2‘Jth. Should lhe judge decline to allow thought
that One
when and
Judge
16 x 24 feet would burn a human body or not it came from lire skull of a man
>
ate
breakfast.
Asked
for
tobacco.
lenkina.
Miller,
Curl.
Rhoades,
Mur
well.
over
ruled
the
defendant
s
motions
which a
Th*
saving
you
can
effect
by
having
to the extent that those tames were or a cat.
Hembree a new trial he will return to
I Asked tor pipe. Smoke 1 <>n return to Alley. I hompUM, Quick—»
The cat* would ba similar.
A.
were
high filed
grad*
last
piano
spring,
during
that
th* the
great
county
earth­
I »u riled. mm ! that would depend upon
Tdlamook and pass sentence.
Undecided
as
to
inunler
in
the
firat
or
had
quake
at last
sale reached
at Eilers
a point
Piano where
Ilona* some
is ao
the position ttf the body occupied in the
w An-J li»e same would I* true of j ruin ‘ and conduct undisturbed. Smoked I second degree—Elliott—t.
while
the
rest
investigated,
lhdn
t
«1-
other
animal,
wouldn't
it.
For murder in the second degree—Tub-! If you are a Reader and no" a results
great that
favorable
you can to almost
it might
purchase
be two
ex­
building, if Hie falling timbers would ao I alueart any
Subsciber of the Headlight, the pected,
—I.
for on*. but 'Twill
this decision
not last of
always,
Judge how
Mc­ ­
fall upon the body to give it tlx benefit unices you got it fiom aa ape or some­ I tend interment, saying lie Imd no guud ' Iiesmg
For acquittal—Hadley—1.
Kditor will be glad to add your
! clot lies.
Bride
to wipe out
a great
ever. would
Drop appear
in and confine*
yourself.
of lhe heat it might burn to that extent, thing near tire size of a man !
name to bis subscription list
A.: You can find parts of the skull* I Some little surprise was created when 1 Later Elliott decided lor murder in th* I
deni of the hopes that were raised
**uat it looks |<0cticaliy imp» rsible.
Judge Galloway’s decision
It remains to lx seen what course
action will lx taken by Thayer
EwilJ. s«®® receive from
0
©ROWING
1
0
0
M.and Winter
«ft
Of the Latest Up-to-Date Goods
and Correct Styles
HEMBREE IS GUILTY
I