Daily capital journal. (Salem, Oregon) 1903-1919, 1909-09-21
HEMBREE
CASE is
REVERSED
Brief History of the Crime and
Review of the Testimony
on Which Verdict
Is Set Aside.

After a battle in the circuit courts
of Polk and Tillamook counties ex-
tending over four years, A. J. Hem
bree, who was sentenced to death for
the alleged murder of his wife and
daughter at Sandlake, Tillamook
county, and upon which judgment
he appealed to the supreme court.
was given another chance to clear
i himself, in an opinion handed down
1 by Oregon's higher tribunals this
morning reversing the decision of
the lower courts and ordering a new
trial.
Hembree was tried and convicted
before Circuit Judge Mcbride OF iill-
amook and was sentenced by Judge
Burnett i'm Polk county. In the year
1905 the home of the Hen1bree fam
| lily at Sandlake was burned, and upon
an investigation there was found in
the ashes two headless skeletons, sup
posed, and afterwards proved. to be
! the remains OF Hembree's wife and
! daughter. A charge was placed
against the husband which was uu-
dertaken to be established by the fol-
lowing cirmustances:
His sons were away from home
when the house burned; when the
skeleton was discovered there were
no skull bones seen, and the finding
in the broken parts OF the stove the
skull bones and an artificial tooth.
These constituted the basis on which
the verdict and judgment rested.
In giving testimony In his own be-
half Hembree told that after he had
retired and was asleep he was awak-
ened by the strong odor of smoke in
his room, which was upstairs and
over the room occupied by his daugh-
ter, Ora. He at once aroused his
wife, who was lying beside him. and
then the daughter was awakened
After carrying out several articles
Hembree said that himself and wife
attempted to put out the flames un-
der the stairway by throwing a tub
OF water on II, out owing TO the
handles of the tub coming off they
were unable to do so, and at the
same time his wife was thrown down
from the sudden parting of the tub
handles. In the meantime the daugh-
ter had ran into the burning house
to save her trunk and Hembree went
to the rear of the house with the
Intention or saving some things in
the woodshed and kitchen. and when
he returned he found that neither
his wife or his daughter had left the |
burning structure and were undoubt- |
edly midst the burning timbers. Hem |
bree then told OF his hurried journey |
to neighbor's house and how, ow-
ing TO a recent rupture. he was un-
able to travel with much rapidity. |
and after he reached the house he |
tainted and could not give an ac- ,
count OF the affair He then gave an |
explanation regarding the teeth |
which he said he and his brother eX- |
tracted from the ashes and laid 20 |
one side preparatory for burial along |
with the balance OF the remains.
The opinion OF the supreme court |
which was written by Chief Justice |
Moore, holds that circumstances must |
be established by direct proof and not |
10 be based on differences as was the |
case during the trial In which IL was |
Inferred that Hembree, after severing |
The heads OF mis- wife and daughter, |
put the members In the stove and set |
the house on fire. There was no di- /
rect evidence OF incriminating nature |
introduced by the state during the |
trial that was based on actual proof |
and the fact that the conditions OF |
he bodies and the locations OF the /
remains were such as 10 leave some |
doubt In the minds of the jury. there |
was no direct indication that Hem
bree was guilty of the crime charged. |
Another contention and Inference /
drawn by the state was that Hem
bree was guilty OF having incestuous |
relations with his daughter Ora dur
Ing a few months preceding the al.
legged homicide, which also was con-
sidered a motive for destroying the /
two women. Counsel for Hembree
argued that testimony given by
hotel keeper by the name OF Larsin
In TillamOok county, did not prove
any improper relation existed be-
tween HembTee and his daughter.
and that the jury was incorrectly |
permitted to infer such. Prior TO
the alleged crime Hembree and his
daughter had been to school enter
Iainment and had stopped at Larsin's
nostelry for the night. Larsin testi-
fled that he had no room for Hem
bTee but that his daughter was pro-
Vided with a sleeping room, and that
Hembree had entered the room that
night. In other testimony, however.
I4arsin could not exactly corroborate
his statements pertaining to Heni-
bree's action he formerly made. He
said that after the daughter had been
shown TO her room Hembree called |
.na a. -. H. 49, 4 /