Capital journal. (Salem, Or.) 1919-1980, 1922-02-28
20 ERRORS
ARECITED
in APPEAL
Attorney for Brum-
field Ask Review of
Technical Points In
Dentists Trial

Twenty assignments Of error
are listed by Rice & orcutt, attor-
neys for Richard NJ. Brumfield,
condemned slayer Of Dennis Rus
sell, Douglas county hermit, in
their brief filed with the su-
preme court here Monday, Brum-
fields sentence to hang on Janu-
ary 13, last being automatically
stayed pending the outcome of his
appeal to the higher court.
While Brumfield's attorneys do
not specifically attack the consti-
tutionality of the capital punish
ment act as a violation Of the bill
OF rights they point out that such
a case is now before the court In
the interest of Elvie D. Kirby and
declare "the objections made by
counsel for Kirby in that case are
well taken"
Hanging mot Valid"
I'VE maintain there is no valid
law in Oregon authorizing the i'm
position of the death penalty on
one convicted OF murder" the ap-
pellant's brief reads. THAT there
is no valid statute for carrying
such judgment into effect and
that the trial court erred in refus-
ing to set aside s'e verdict and
also in refusing to set aside the
void judgment which the court
rendered on the verdict Of the
jury in this case"
In summing up their brief Rice
& Orcutt declare that "the de-
fendant was indicted by a grand
jury whose sittings were conduct
ed in plain violation Of the law.
He was compelled to go to a trial
at a special term of court In a
community where the prejudice
was so great and the feeling
against him so bitter that he could
not secure fair trial. He was
compelled to submit to be tried
before a biased jury who had
made up their minds in advance
as to the verdict that should be
rsndeLs@; and lastly. a void judg-
ment was imposed upon -ffYR. 'T'
Say Trial Unfair,
1T appears to us that for TIE
court to hold in this case that the
defendant had fair trial would
be equivalent to setting aside the
constitutional guarantee and re-
pealing the statute" the brief
reads in conclusion. an order to
maintain the wholesome respect
for law and that high regard for
the constitution which is the hone
OF the republic the law of the land
should be fearlessly construed and
applied in accordance with the
letter and spirit thereof and ii
VIII be sorry day when the peo-
pie feel that fair and impartial
trial is not given one even though
they have believed him guilty; for
II In one case fair and impartial
trial is denied an application of
the same precedent in another
case may result in the innocent
suffering the penalty of death. We
do not believe the evidence In this
case justified the verdict return
ed. We do not believe in this case
that an unbiased Jury un-influ-
enced by the psychology of the
mob would have returned the YER
dict rendered In this case. We be-
lieve that the people of this coun-
try now feel as the excitement
following the alleged crime and
trial subsidies, that the defendant
had not that fair trial guaranteed
him by the constitution of this
state"
Dennis Russell was murdered
on the night of July 13, 1921.
Brumfield was arrested in Canada
on August 12 and returned to
Roseburg for trial on a charge of
murder on August is, was found
guilty as charged and sentenced to
hang on January 13 which SEN
tence was automatically stayed
when his appeal from the decree
Of the circuit court was filed with
the supreme court.