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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 24, 1908)
THE MORNING OREGONIAN, WEDNESDAY, JUNE 24, 1908. 10 TEN MEN QUALIFY FOB BOOTH JURY Richard Scott Rejected Be cause He Resents Ueney's . "Meddling" in Oregon. CHALLENGED BY BECKER T. S. McDanicI Also Kxcused When It Develops That He and R. A. Booth Are Both Willam ette Trustees. Warm friendship for Senator. Fulton and a positive dislike for Francis J. Heney were the reasons for the rejection yester day of Richard Scott, a prominent Clack amas County farmer, as a juror in the James Henry Booth bribery case in the United States Court. Mr. Scott had been accepted by the defense, but, In answer to Questions from Judge Tracy Becker, for the Government, declared emphatically that he resented what he considered Heney's 'meddling" in affairs in this state. Mr. Scott further admitted that he had said he regarded that the prosecution of the so-called land-fraud cases in Ore ton had developed into persecutions. In nswer to questions from Judee Wolver ton, Mr. Scott, however, asserted that he could cast aside any feeling he might have regarding the case at trial and serve as an unprejudiced Juror. Following this declaration Judge Wolverton held that Mr. Scott was a competent Juror. Judge Becker would take no chances and per emptorily challenged the juror, who was ejceused. The ill feeling of Mr. Scott towards Mr. Hetiey was not disclosed in his examina tion by Judge Webster, for the defense, which was satisfied to accept him as a Juror. Several preliminary questions were asked of Mr. Scott by Judge Becker, the evident purpose being to show that the juror, by reason of his prominence with the State Grange, had not been on very friendly relations with ex-State Sen ator R. A. Booth, brother of the defend ant, James Henry Booth. But Mr. Scott declined in his answer to lay the foun dation for his possible disqualification as a juror. Finally Mr. Scott was asked if he did not have a conversation with' Harry B. Dyer, of East Portland, one day last Spring, while en route to Salem, in which he had passed an opinion on the Oregon land-fraud cases. Kesents Attack on Kulton. "'If I discussed Mr. Heney at that time, it must have been In connection with his attacks on Senator Fulton," replied Mr. Scott. "If I talked about the land frauds it was only in a general way." "In that conversation with' Dyer did you not say. 'Heney should remain in his own state and not come here meddling in our affairs'?" Interrogated Judge Becker. "I do not remember that I did make such a statement," responded the juror. "My remarks were Intended to apply to Mr. Heney for coming to Oregon and at tacking Senator Fulton, which I resented and still consider was not warranted. I considered ' that In doing so Mr. Heney was entirely out of his latitude." "Did you not further say that you re garded 'these prosecutions as persecu tions'?" followed the Government prose cutor. ' "I believe that I did make such a state ment, but it did not apply to the so-called land-fraud eases. I intended the remark to apply only to Mr. Heney and his at tacks on the character, of Senator Ful ton." Court Rules for Juror. "I submit to your honor," said Judge Becker, addressing the court, "that the juror is disqualified to serve in this case." Judge Wolverton asked Mr. Scott if the fact that Mr. Heney had prepared the in dictment against the defendant on trial and the further fact that Mr. Heney might be called as a witness in the trial of the case would prejudice him either for or against the prosecution. The Juror re plied that he would try the case with the same consideration that he would give any other case, and was held by Judge Wolverton to be a competent juror. After conferring with United States At torney McCourt and Special Inspector N'euhausen, Judge Becker exercised the first peremptory challenge for the Gov ernment and Mr. Scott wa3 excused. Later in the day the Government per emptorily challenged T. S. McDanlel, of Multnomah County, who was also ex cused after the prosecution had sought unsuccessfully to have the juror declared incompetent because of physical reasons. M. J. Adams, of Marlon County; B. C. Mears, of Multnomah County, were ex cused for the reason that they were preju diced against the defendants in the land fraud trials. Jacob Ogle, aged 78 years, of Marion County, expressed a willingness to be axamined as to his qualifications as a Juror in the case,- but was excused by counsel for both sides in view of his ad vanced age. Mr. Ogle was also excused by Judge Wolverton from further attend ance on the court for the same reason. McDanicI Also Challenged. In the examination of Mr. McDanlel by Judge Becker it was brought out that until four years ago he was employed as bookkeeper for the Advocate, the official publication of the Methodist Episcopal Church, of which members of the Booth family were prominent members. Mr. Mc Danlel also admitted that he and R, A. Booth, brother of the defendant on trial, were members of the board of trustees of the Willamette University. It was fur them confessed by the Juror that he was subject to illness when confined In a room, especially where there was any smoking. For these reasons Judge Becker asked the court to adjudge the juror dis qualified, but Judge Wolverton held that the man was competent and physically able to sit as a Juror. The Government excused Mr. McDanlel after using its sec ond peremptory challenge. Andrew A. Lee, of Marion County, also Is a member of the board of trustees of Willamette University, and when ques tioned by Judge Webster admitted that while a member of the board he had dis agreed with R. A. Booth, another member, on a question of policy concerning the In stitution. He Insisted that his relations were not such on that account that he would be Influenced in any particular In a fair and Impartial consideration of the case. He was accepted after being ques tioned" at considerable length by both sides. Six Added to Jury. During the day six additional Jurors were secured, making; 10 that have been accepted. Thoso accepted yester day were: C. W. Hermens, of Yamhill; David J. Grant, of Polk; George Bolter, of Polk: W. J. W. McCord, of Clacka mas; W. W. Poland, of Linn; Andrew A. Lee, of Marlon. The other two mem bers of the Jury probably will be se cured before noon today, when the op ening addresses will be made. The in troduction of testimony should begin not later than this afternoon. Counsel on both sides expect to conclude the case and submit It to the Jury this week. Representatives of the Government here say that the Hermann and Wil liamson cases undoubtedly will be tried either late this Summer or early in the Fall. Mr. Heney is scheduled to come to Portland from California to try these two cases. Mr. Hermann will be de fended by A. S. Worthington, who rep resented the defense in the recent Hyde-Benson trial at Washington, and cx-Senator J. M. Gearin, of this city. MAY CALL, HEXEY AXD BURNS Becker- Intimates They May' Testify in Booth 'Case. Counsel to? James Henry Booth, ex Receiver of the Roseburg Land Office, now on trial In the Federal Court on a charge of bribery, will not outline their defense until the Government has pre sented its opening argument. It was in timated yesterday by Judge Becker, for the Government, in the examination of the junors, that Francis J. Heney and W. J. Burns, of the Secret Service, may bo called as witnesses for the prosecu tion before the Booth case Is closed. It is understood that the defendant on trial had several conversations with Heney aod Burns while they were In Ore gon. These talks are said to be vitally important as relating to the case on trial. Whether or not the two Government offi cials will be called from San Francisco will depend on the testimony of Booth, the defendant, when he takes the witness stand. The purpose in sending for ileney and Burns would be to give testimony in rebuttal. ARRESTED FOR IIiIEGAL FILING James D. Hazelwood, of Medford, Faces Federal Charge. Charged with perjury, James D. Hazel wood, of Medford, was lodged in the Multnomah County jail yesterday In de fault of K000 bonds. The recent Federal grand jury returned an indictment against Hazelwood, charging him with perjury in making application for a home stead in Jackson County in July, 1906. In the investigation of the charge against Hazelwood, B. S. Reams, of Jack son County, was the complaining witness. It was represented by Reams that he was the owner of a mining claim that had been worked satisfactorily for probably 15 years and that Hazelwood, knowing the facts, made application before A. S. Hil ton, United States Commissioner, to file on the land as a homestead, subscribing to a non-mineral affidavit in support of the application. Later Hazelwood relin quished his claim and never attempted to make final proof. Numerous instances of this character had been called to the attention of United States Attorney McCourt. who concluded to, present the facts before the grand jury for its consideration. The result was that a number of indictments were returned and .Hazelwood was included among the defendants. The practice of these mem, it is alleged, was to seek to acquire possession of valuable mineral lands by filing on the same as a home stead. In order to do so it was necessary to subscribe to a non-mineral affidavit, declaring that the land was . non-mineral and not suited for mining pursuits. By this process several instances were re ported in which mining claims were jumped and the original owners were ousted from their holdings. Bark Vendee Is Libeled. Charles Johnson, a longshoreman of this city, yesterday libeled the bark Vendee for J1500 damages for personal injuries al leged to have been sustained while assist ing to load the boat with a cargo of lum ber, June 18 of this year. In his complaint Johnson changes that while descending a ladder to the main deck of the vessel in the performance of his dutl:s the lad der slipped and he was thrown to the deck, sustaining injuries that will prevent him from ever resuming his work as a .longshoreman. Indian Receives Second Sentence. John Mitchell, an Indian, was yesterday sentenced by United States Judge Wolver ton to serve six months in the Multnomah County Jail and to pay a fine of $50, having pleaded guilty to an indictment charging him with carrying liquor into the Umatilla Indian reservation. Less than a-month ago Mitchell completed a sentence In the County Jail for a similar offense. Saloon Closed by Sheriff. The saloon of F. C. Markwardt at 188 Third street was closed by the Sheriff yesterday because of a suit brought In the Circuit Court by the Mount Hood Brewing Company. The company is seeking to recover (632 for rent and liquors and $75 attorneys' fees. QUEEN RECEIVES MUCH .erf "S- ' PEGGY HOVER, WHO IS THE LITTLE MORTAL CHILD CHOSEN BV THE DOLLS TO RILE OVER THEM DURING THEIR .HOIRS OF FREEDOM. WALTON JURY OUT Locked Up for Night Without Returning Verdict. FOURTH TRIAL FOR HOLD-UP Deputy District Attorney Haney De clares Prisoner Will Be Tried Again If Definite Verdict Is Not Returned. The Jury which has been trying Charles W. Walton in Judge Cleland's depart ment of the Circuit Court for the fourth time, retired for deliberation at 5:15 last night, and was locked up for the night several hours later without having arrived at a verdict. If there is another disagreement Deputy District Attorney Haney says that the case will be tried for the fifth time. . Walton took the witness stand yester day morning and gave his version of the streetcar holdup at the fair grounds between '10 and 11 o'clock on the night of September 1. .1904. With but few exceptions the story was the same as that he has told at previous trials. He said that before be took the car a flask of whiskey was obtained for him. ' be cause .he had a headache. He was not positive whether the handkerchief, which others testified he used as a mask, and which was pulled off over his head at the police station, was tucked under his coat or knotted. He stuck to the story that he had only IB cents in his possession at the time of his arrest, fail ing to account for the $2.80 which the police record shows was taken from his pockets at the station. John McNulty was placed on the stand yesterday morning to testify that the moon was not shining at the time of the robbery, as it rose at 11:25 P. M. District Attorney Manning was ques tioned regarding a statement made at the Good Samaritan hospital by Patrol man Nelson, who was shot by the holdup, when It was thought Nelson would die. Mr. Manning said that he did not think this was preserved after it was found Nelson would recover. Henry Kahn, R. C. Beckett, Harvey J. Beck. I. Watson and Fred English testi fied as to Walton's reputation before the holdup. In his instructions Judge Cle- land said it was within the discretion of the jurors to consider or lay aside consideration of his previous reputation Walton testified that he sold his re volver to Ben Backman before the night of the holdup. Mr. Backman said yes terday that he could not swear that Wal ton ever sold him a gun. In the face of Walton's testimony that he was 17 years old at the time of the robbery the record of Walton's former school teacher, Kmma W. Mackenzie, made February 13, 1900, was introduced in evidence, showing that he was 15 years and s months old at that time. He would. then, have been nearly 20 years old at the time of the robbery, and Is 25 years old now. The record was Identified by Miss Emma Butler as being in Miss Mackenzie s handwriting. Other witnesses of the day were: John E. Boys. Mrs. C. Badgley, Police Captain E. A. Slover. Mrs. C. K. Smith. Dan wemer, t. s. Wells and Julia Maxwell Fred Wagner said that he played in an orchestra with Walton on the night of me nomup. The jurymen are as follows: George Lawrence. (J. t. uaylord, L. H. Cham bers. C. M. Paul, P. A. Presen, E. Silver, Harry E. Wood. E. Versteeg. C. A. . R. Strauss. E. S. McCoy, W. A. Currie and McKinley Mitchell. TWO WIVES SUE FOR DIVORCE Mrs. Herman Smith Declares Hus band Threatened Her Life. Herman Smith seized Ida Smith by tne throat and threatened to kill her when she asked him not to walk across a newly painted floor, last January, ac cording to her allegations, made in a complaint for divorce, which was filed in the Circuit Court yesterday. She says further that in the Fall of 1905 he cursed her when she was sick, be cause she could not go out to work "like other women." She was com pelled to undergo a surgical operation, but Smith would not pay the bill, she says, and she borrowed the money. They have two children, aged 13 and 8 years, of which the wife asks the APPLAUSE AT "TOYSHOP" -'TT -.-a custody. She also asks that her title to lot 2, block 8, Brentwood Addition, be made clear. The Smiths were married at Portage, Wis., March IS, 1893. Ida Miller Brown has brought suit in the Circuit Court for a divorce from Frederick Emery Brown, on the ground of desertion and drunkenness. She says that prior to the wedding, which took place in Portland, September 1, 1903, she did not know -that her husband was a drinking man, but that since that time his drunkenness has been ha bitual. She wants her former name, Ida Miller, restored. MORTGAGE TAKEN OX JOURNAL Security Savings & Trust Co. Ad vances $100,000. A $100,000 mortgage on all the property of The Journal Publishing Company has been taken by the Security Savings & Trust Company. The mortgage is to in sure the payment of a similar amount in bonds, which bear Interest at 7 per cent, and are payable semi-annually on May 1 and November 1. It is provided that in default of the Journal to pay any part of either the interest or the principle the Security bank may take charge of its business. The default in payment must extend for three months, however, before such action may be taken. All the machinery and other prop erty of The Journal, located in the Good nough building, at Fifth and Yamhill streets, Is covered by the mortgage. JAPANESE DEMAXDS LICENSE Petitions County Court Against State Dental Examiner's. Upon the petition of George Y. Ta maya, Judge Gantenbein, of the Circuit Court. Issued an order yesterday for a writ of mandamus against the State Board of Dental Examiners. This order Is to compel the board to Issue a li cense for the petitioner, or appear in court at 9:30 A. M., June 80, and show cause why it has not been done. A copy of the mandamus was served on John Yates, president of the board. Yamaya asserts that prior to Janu ary 1, 1905, he had been practicing den tistry in Oregon for five years. On this account, he says, he should have been granted a license when he made appli cation to the board, June 1. 1907, and fulfilled all the other requirements of the Oregon law relative to dentists. He asserts that he presented to the board the affidavit of L. D. Reaves, but that this did not secure for him a li censed BRAKEMAX SUES FOR $20,000 Declares Broken Footplate Was Cause of His Injuries. Because the footplate on the pilot of a freight engine had been broken off in an accident, and was not replaced, L. O. H. Vose has brought suit in the Circuit Court against tne Northern Pa cific Railway Company to recover $20, 000 damages. He alleges that while employed as a brakeman on the freight train running- between EUensburg and Tacoma, Wash., known as "Extra 1500," he met with an accident and was in jured for life. VOTE BONDS FPU TOWAGE PORT COMMISSION ACTS UNDER NEW LAW. Authorizes Issue of $500,000 for New Service ' Under Amendment Passed at General Election. The Port of Portland Commission, at a special meeting held at the City Hall yesterday afternoon, voted to proceed at once with the execution of the initiative amendment to the charter of the Port of Portland, authorizing the commission to establish a towage and pilotage service between Portland and the sea. The is suance of bonds to the amount of $500,000 was ordered, bearing Interest at 6 per cent per annum, in denominations of $1000 each. It is understood that a friendly Buit will be instituted to test the legality of the action of the Port of Portland Com mission, in the courts. The resolution upon the part of the commission to estab lish the towage and pilotage service, it carried out without interference from the courts, will mean that the service will be operated by the commission. Instead of by the O. R. & N. Company, which now conducts it. The action of the Port of Portland Com mission follows the enactment of the .amendatory act. Instituted by Initiative petition, through the instrumentality of Edmund C. Giltner, January 3, 1908. This was submitted to the voters at the last general election and was carried by a good majority. The action of the commis sion yesterday, therefore, is simply or dering the execution of the will of the people. Toyshop" Again at the Heilig HE TOY SHOP," at the Heilig, drew two packed houses yesterday, thereby adding considerably to the funds of the Institute Club of the People's In stitute and also affording much pleasure to the audiences. Yesterday afternoon's performance attracted the children of Portland especially, and they entered into the spirit of fun-making, as well as did those on the stage, shuddering at the awful pills of Dr. Plllsby, Philip Carson, and laughing at the three fops, Hoyt Colgate, Crosby Shevlin. Herbert Hill. whose make-up and acting were especial ly good. ' The young ladies who were the four hours, Miss Zeta Hollister, Miss Beulah Cadwell, Miss Gene Butterfleld. Miss Clara Howell, liave exceptionally good voices and one of the prettiest bits of the op eretta is a quartet sung by them unac companied. A chorus of "Ohs!" greeted the beautiful lady, dolls, Helen Ladd, Elizabeth Malboeuf, Louise Caswell. The Noah family drew hearty laughs again with their antics. The last performance of '"The Toy Shop" is to be given this afternoon at 2:15, and it is well worth seeing and hear ing. v Miss Margaret R. Martin, who is direct ing the production, was given an ovation last night between acts one and two. The curtain was suddenly rung up dis closing her in the midst of the happy children. . This was not to Miss Martin's liking and she tried to escape through the wings but the laughing children blocked her way, and she was forced to make a curtain speech. She told of her work among the chil dren in an informal way and how she enjoys it as much as they do. She thanked the donors of the flowers that ' were given her and expressed her ap preciation of the way Portland people had worked with her to make "The Toyshop" a success. Out In front the audience by its applause showed its appreciation of what Miss Martin had done for its enter tainment. The Star Brewery's famous Hop Gold beer Is unexcelled in all respects and la highly recommended for its strength and health-giving qualities. Orders for bot tled beer receive prompt attention. Phone East 46. Home phone B 1146. Bajian shoes flt tne feet. RoaeaUuJ's. WASHING Jetty Has Deepened Channel to 26 Feet. WIDTH NEARLY 3000 FEET Government Officials Elated With Improvement of Conditions at Moutli of Columbia River. Full Report This Week. Preliminary returns from the survey of the mouth of the Columbia River show a general widening and an in creased depth of water on the bar. Blue prints of the survey are being made, and the full results of the survey will be ready to be made public within the next . week. At present. Government officials declare that the depth of water has been increased to 26 feet, and that the width of the channel has been increased to nearly 3000 feet. Colonel S. W. Roessler, United States Engineer in charge of the work, re turned yesterday from a trip to Fort Stevens, and is very much elated over the results accomplished by the jetty during the past year. The rock work has been pushed so far seaward that the desired effect is being felt,' and the natural scour of the river is taking out the sand, and is gradually deepening the channel. With the completion , of the Jetty, which will probably be accomplished within another year, the depth of water ori the tar will be increased -to about 30 feet, according to estimates made by engineers. The scouring dur ing the past year is what the Govern ment has been attempting to secure since the Jetty was first planned. The delivery of rock has been increased to almost the capacity of the crews to handle, and the work of dumping along the line of false work will have pro gressed so far by Fall that It will not require much more time to complete. The survey made during the Summer of 1907 showed four narrow channels with a maximum depth of 25 feet. There were small ridges between with an average depth of about 23 feet. The scour of the past year has removed these ridges, and alao deepened the channel to 26 feet and widened the same to about three-quarters of a mile. Bearings and courses will be given after the official notices have been issued, together with the blue prints of the survey. Contour maps will also be Issued at that time, which will show the shape of the bar, and of the sand spits at the entrance to the river. WILL ATTEND ELKS' LODGE Chamberlain and Moody Delegates to National Meeting. Governor Chamberlain and Ralph Moody will leave about July 3 for Dallas, Texas, to attend the grand lodge of Elks, rep resenting Portland lodge. W. S. Levens, district deputy grand exalted ruler, of Baker City, and probably other past ex alted rulers, will join the party, though at present there is nothing definite known as to their plans. Mr. Moody is a member of the grand lodge committee on charters and has oc cupied that position for the past three years. By reason of that position he is one of the best known members of the grand lodge and it would not be a mat ter of surprise if he should be chosen to occupy even a higher office than that which he now holds. Among local members of the organiza tion it is confidently expected that with in the next two or three years the Grand Exalted Ruler of the organization again will be chosen from the Pacific coast. Judge Melvin, of Oakland, being the last one chosen from this part of the country. About a dozen delegates to the grand lodge will attend from this state and Idaho and in all probability they will have a special car. In addition to the delegates there will be a number of mem bers of the order who will make the trip, for as a rule the "Hello Bills" on the outside of the convention hall exceed in numbers those who are the accredited delegates. BATHINGSUITS. New lot bathing suits for men, women and children Just received. We'll accept regular wholesale prices for the next three days. McAllen & McDonnell, Third and Morrison. Merchants Savings 6 Trust Company 247 WASHINGTON STREET Capital$150,000 Pays interest on Savings Ac counts and Time Certificates. Receives deposits subject to check without limitation as to amount. , Effects collections in any part of the country on most reason able terms. Acts as Trustee in all legiti mate relations. Oares for properties, collects rents, etc Interviews solicited with those contemplating any phase of our service. First Prize $10 Second Prize $5 For letters describing the good points of Kee Lox Ribbons and Carbons. Comptltion closes July 15. For par ticulars and samples, call or send to K.I UIAM STATIONERY & PRINTING CO. Fifth and Uak Streets. H. B. FEEMCH LEMGE1IE (Today Oraly) FORMERLY $20 TO $35 Store Opesia aft 9 nri it A I A great many people believe' that it is better not to drink anything until after eating, confining themselves, then, exclusively to coffee. It has also been fairly well established that if people ate less and drank more at luncheon, they would be far better off. Providing, however, they drank of a beverage that will promote health. This is true of pure water but not of coffee. It is true of beer, Being in a class by itself, especially conducive to good health, and actually a substitute for food. It is a fact that such beer as PALE BO HEMIAN contains a great many, if not quite all, of the nutritive qualities that make bread such a remarkable health food. A great many people in this country eat one small sandwich for lunch and drink one bottle of beer. As a rule, you will rind them exceptionally healthy. One Dozen Large Bottles 1.75, and 40 Cents for Returned Bottles. NORTH PACIFIC BREWING CO. Main 2890. 591 Thurman Street. A 2690. ff jmk Wad Hand Myf jTL,! 1 Aif Isn't a circumstance when i3f "2jSbT J compared with the glad foot. p fciSr i4l 'lijlv, you wear tne Vl tH MlSf! "Crawford Stub" H K-ia ti -T:2g5! , your feet will be as easy as fJ3 11 ''tyi ffl1f a hardened crook's con- p'j.-J Eqj ft ? :'-'ti&j science; won't bother you at rS'f t?J H?".,' Jrt a"' no matter how far you fro. fff IKS The "Stub" is made in all Keif m iui-?5$ the leathers tan and black fei' W'ti8rf oxford ties or -regular high iSsf VSAtl Zm&yj shoes. Genuine oak-tanned cBf V 'Vv-r ' soles in every pair. Come in -'Tl pSif and try on a pair; let's get feSI ' acquainted, anyhow. Price $4- jmf 0TOR MEN W WOMENy LITT AT 1