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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 15, 1910)
CONFESSION OF IBB IN EVIDENCE Walter A. Johnson Says Ded Brother Not a Quarrel some Man. 'TESTIMONY IS DISPUTED Defense Holds Statement of Accused Jfan Was Made Cnder Duress. Court Overrules Objection and Confession Is Read. William A. Jobnson. who. as alleged, was murdered by Jesse P. Webb June SO. nd his body stuffed Into a trunk, was not a quarrelsome man. according to the testimony of his brother. Walter 8. Johnson. The brother was placed on the witness-stand by the state yesterday afternoon, and after both Deputy District Attorney Fitzgerald and Attorney Mc Oue had finished the examination, one of the jurors closely questioned him as to the murdered man's habits. The witness (aid he is a barber. 48 years old. and has lived In Spokane 21 years. He recognised a photograph of the dead man as his brother, he said, and last saw him at the morgue. The dead man was a farmer, said Johnson, but had done no outdoor work for a year before his death. He was not a powerful men. and for a year bad been Indisposed. He was deaf In both ears, said the witness, so that it was neces sary for a person to speak loudly for blni to hear. He wan i years old. The lfe snd daughter of the alleged murderer a'rived from Seattle at 11 o'clock yesterday morring. and went at once to the acene of the trial, in Judge Morrow's department at the Courthouse. They carefully watched the proceedings durlnr the remainder of the day. Tn morbidly curious crowd. which has packed the courtroom since the trial began, grows larger each day, so that It Is necessary for the baililfs to order It back from time to time as it en croaches uoon the space set apart for attorneys and witnesses. Bloody Trunk Exhibited. The bloody trunk, the gory shirt and shirt-sleeve, the billy or blackjack with which Johnson was slugged, and J1S00 in srreenbacks taken from the stocking of lira. Carrie Kersh, the co-defendant, after her arrest, were admitted In evidence yesterday afternoon, having been marked by ths stenographer for Identification at ths beginning of the trial. J. J. Dunning. Deputy CYjroner. said he found no money of any kind upon John- son'a body when be searched It. Polk fsenreant Golts gave the details of ths grewaoma find at ths Union Depot, and of the manner Jn which the murderers were run down. Detective Graves skso cave ths details of the capture- Webb's confession, made before Deputy District Attorney Fitzgerald, and taken down In shorthand by Mrs. Julia tt Sarre. was admitted In evidence yester day afternoon, and read by her to ths . Jury. Webb said he was born at Atlas. Intra, and was 45 years old. He bad a wife and two children in Seattle, he said. Her maiden name was Caroline fhmuelson. He married tier at AxtelL Neb. He met Mrs. Kersh six years ago, at Ballard. Wash. "Her husband Is an electrician, and Uvea In Seattle." ha said. Webb lived with Mrs. Kersh In Nelson. Wash., sad in Spokans. SUtemenU at Variance. In his statement Webb first said ha was foreman of the Spokesman-Review at Spokane. Then he said be waa a compositor tn the adroom. and later said be was "subbing." He said Mrs. Kersh told him she in tended to run away to San FTsnclsco with Johnson. Ho hsd not became ac quainted with Johnson until he met him on the train, he said. -Why did you register at the New Grand Central Hotel as A. C. Powers?" asked Deputy Fitsgerald when Webb's confession was taken. "Oh. mors as a Jolly than anything else." was the response. In making his confession Webb de nied having asked the bellboy for a room as near as posslbls to 118. that occupied by Johnson. He said Johnson gave Mrs. Kersh his money, asking her to take care of it. The three went to the park in the afternoon, he said, and Johnson became jealous. They had a number of drinks of beer and whisky. Webb declared Johnson started ths quarrel, which Webb says was ths rause of Johnson's death. Johnson hit him twice with hie flat, and Webb re taliated, he said. Then, he declares. Johnson drew the blackjack from his pocket, and Webb wrenched It from hlin and beat him over the head with it. He denied using a sharp Instrument to punch holes In the head, or stran gling his victim after beating him. It is ths contention of the defense that tbs shirt was tied about Johnson's neck before ths body was pat in the trunk, to keep the blood from flowing from the trunk. He put Johnson's clothing in a telescope. Intending to. throw It away, he said. Mrs. Trumbull's Story Denied. Webb dented also having told Mrs. Trumbull at the Cliff Inn or at Lake view that he had just mads a -J1909 haul for ths little woman who was with hlra." That Webb was fully Informed that his confession would be used at his trial was ths information conveyed in the testimony of Detective Price, to whom the prisoner consented to make a statement. "Did you kill Johnson?" Price testi fied he asked him. "Supposing Johnson Jumped on me first." Webb suggested, according to the witness. "Go ahead: tell all about It." he said he prompted. It was then that he agreed to tell the story and that the prosecutor and ths stenographer were called. I-rtce denied that he told Webb "It will be better for you." "You and Carpenter are partners in sweating' prisoners, aren't you?" At torney Fonts asked on cross-examination. -W generally work together, but no one ever is made to tell anything unless he is willing." W. E. Robson and Ben Branch. Jail ers, denied that the prisoner was re fused breakfast and said that If he did not eat It was only because he volun tarily refused. Confession Is Questioned. Attorney McCue spoks on ths man ner in which the alleged confession was obtained and argued that if it was not msde "voluntarily." It should sot be admitted as evidence. "I ask the court." he concluded, "not to admit this statement If it was not given tn a free and voluntary man ner." In prssenting the argument for the state in support of the admission of tt ateaoxTSLpnlo record. Prosecutor Fitzgerald stated that ths cause of the defense on this point rested largely upon the question of ths man's state of mind at the time he made the al leged confessldn. and whether' or not he was suffering- from fear. "I can't see where or when he fesred anything." said Mr. Fitzgerald. "His very manner on the stand shows that. Didn't you see the braggadocio he dis played while giving his testimony V Statements Are Ridiculed. In ridiculing the defendant's state ment that he did not know why he was arrested until he was told by the officers, Mr. Fitzgerald said: "That statement is Just as false as a whole lot of others he has made." Assistant Prosecutor Collier cited several cases of confessions obtained by strstegy. and one by making the prisoner druf.k. that bad been admitted by other courts. He argued that the case in point was only a question of whether or not the statement of Webb is true. Attorney Fouts reviewed the police history of medieval England and ex plained how confessions obtained from prisoners in those times had caused similar statements of the present day to be viewed with suspicion. "It is merely a question of whether his statement was voluntary." Mr. Fouts said, and then quoted from the Standard dictionary to define the term "voluntary." According to his conten tions, Webb's testimony to the sten ographer, after he had been taken to the scene of the crime, after he had viewed the corpse of his victim and after ho had been repeatedly questioned by the officers was not voluntary. MANICURE IS FREED Esther Kemp, Former Portland Hotel Employe, Wins Suit. WEDDED LIFE LASTS MONTH Hnsband Says Emily Baker Married Him Believing Him Wealthy. Kobert Trailer Alleges Wife Has Found Affinity. Esther Kemp, formerly manicurist at the Portland Hotel, secured a divorce from Harry Kemp yesterday morning. State Circuit Judge Cleland granting the decree. Kemp formerly conducted a barber supply house. The marriage took place June 14. last. Mrs. Kemp said her husband lived with her less than a month, because he wsnted her to support him and herself. She was discharged from the hotel, shs HOLT REDEEMER CHURCH BAZAAR HAS CAMPAIGN FOR MOST POPULAR YOUNG WOMAN. r"1 rfji Company filed the Injunction suit yester- I day It is alleged that when the real estate firm dedicated the streets througn its Sellwood tract, bounded by Nehalem. Ochoco. Willamette and Eleventh streets. It "reserved the right to lay its own water pipes, gas mains, sewer pipes, teiepnone wires and streetcar tracks, and to operate its own streetcars. The tract comprises 321 acres, it is alleged. The franchise under which the Port' land Gas & Coke Company is operating was transferred to it by the h-asl ron land Gas Light Company, and is alleged to be invalid. Miss Mollis Keating and Miss Nanaile Clark are leading in the contest to decide who is the most popular young woman in Piedmont. Each has a booth at the Holy Redeemer Church Bazaar. He declared that such methods as those practiced by the local detectives were "a step backward toward the dark agea of Russia, and ths kind that breed revolution." In announcing his opinion the court stated that the decisions of the Su premo Court of Oregon alone could be considered and that according to this 11ns of procedure it was Ills duty to admit ths statements and ths Jury's duty to determine whether they were made under d areas. He instructed the jury accordingly. SALES TOTAL CAUFORXIAX BUYS SEVENTH AXD MADISON" AT $60,000. B. Pape Sells East Side and West Sld Properties for $44,000. Increase in Values Shown. Sixty thousand dollars of San Fran cisco money was Invested in Portland real estate yesterday afternoon. Through James J. Flynn. the Callaghan Company bought the property at the southwest corner of Seventh and Madi son streets, paying cash. This property is in block roe, Port land, and comprises all of lot 1 and the north 1 2-3 feet of lot . It has 100 said, being told by her employer that he did not want married women around there as manicurists. Then Kemp want ed her to secure another place, she said. Four other divorces were granted. .Joseph Baker said his wife, Emily 'Baker, married him supposing him to bs wealthy. When she found he was only a poor carpenter she began to vent her spleen upon his three children by a former wife, once putting the lit tle boy's hand on a hot stove and burn ing it. She la worth $10,000. says Baker. He married her July 15, 1908. Desertion was the ground for the fol lowing decrees: W. W. Crowder from Mary E. Crowder. married at Scholia, Or., November 10, 1891, deserted at San Diego; R. A. Gaus from J. H. Gaus, mar. ried at Vancouver. Wash.. March 9, 1909; Mary A. La Fontaine from J. V. La Fontaine, married ct Chehalis, Wash., October 25, 1906. Ernest Howe has won the affections of Mrs. Erroa Beulah Trailer, according to the charges of Robert Trailer, in a divorce suit, filed in the Circuit Court yesterday. He says Howe even went to the extent of having a telephone in stalled In the Trailer home, and of pur chasing wearing apparel for Mrs. Trai ler, charging it to Traxler. The unhappy husband says his wife is frequently out late at night with Howe, and was once arrested with him for being out after hours, on one occasion Howe brought her home In a taxlcab, says Traxler. He has been obliged to cook his own meals, to which he objects. The Trailers mar ried at Detroit, Mich., December S. 1904, nd they have one child. Mrs. M. A. Simmons has filed a dl- Ll'MBER FALLS, $10,000 ASKED Eastern & Western Company Sued for Damages Due to Accident. Suit against the Eastern & Western Lumber Company was filed In the Cir cuit Court yesterday by Carl W. Mertin. who demands $10,000 damages for injuries lie says he sustained when buried under a falling lumber pile, xne acciaeni uf nened February 2. Jjert'n says four men were loading a truck, and the crew was reduced Dy tne foreman to three. The lumber fell, he complains, when they attempted to move a truckload away from a pue wmca ran become Jammed together. WOMAX'S WILD CTJTS OFF SOX Instrument Declares Adelbert Yer- gen Was Already Provided For. "It Is my will that my son. Adelbert Tergen, take nothing under this will, as I have heretofore conveyed to him suffi cient property as his rightful share of my estate," reads the will of Ellzaoetn Tergen, filed for probate in the County Court yesterday. The other heirs are George W. Tergen, Francis E. Tergen, Fred Tergen, Henry F. Tergen and Mary E. Swan, four sons and a daughter. Mrs. . Swan was ap pointed by County Judge Cleeton yester day executrix. Court Notes. E. A. Howard has filed suit in the Circuit Court sgalnst the Charles H. Lilly Company for J300. alleged to be owing on a five-year lease to property on Spear street. San Francisco, between Mission and Howard streets. A. C. Emery & Co. .filed suit yesterday against J. H Bronaugh to recover J859.SS because, it is alleged, he discounted sev eral bills while collecting them, which the Emery firm says should have been paid In full. George K. Rogers has brought suit against W. G. Royce for $3519.75, alleged to be owing on a set of suspension bub wheels furnished Royce. MORE EXITS DEMANDED BAItX COX'STRXXTION WILL BE REGULATED. vorce suit against G. A. S'mmons. 'al- " leirinir HMprtlnn. Thou ... r m...i.j feet on Madlpon street and 66 2-3 feet j August 2J, 190S. on Seventh. John D. Kelty was the j steiia E. Lane has alBo filed suit. She former owner. 'alleges that Joe T. Lane, her husband. of the Callaghan Company. His hold- inas In San Francisco real estate are heavy, but lately he baa been investing outside and Portland appeals especially to him. Mr. Flynn. through whom ne made his purchase yesterday, says he has In mind still other investments here. This is the third riychase in this part of the city made By the Callaghan Company within the past five months. For 925,000 the southeast corner of Seventh and Madison was obtained first. Then the corner or west 1'ara and Harrison streets was bought for 135.000. Altosreth- Mr. Callaghan has invested 1120,000 In this vicinity. He houcht the Kelty piece more as in investment, says Mr. Flynn, al though he is considering putting np a family hotel there. At West Park and Harrison streets an apartment house may be built, but no plans have been drawn. Three old frame houaes stand on the corner of Seventh and Madison, bought yesterday, but the rental is in significant. Deeds to rour principal pieoes oi nroiviirtT on the estate of B. Pape were passed yesterday to the purchasers by H. H. Xewhall. the total amount of the j transfers being 141.000. Mr. lNewnail had purchased all tne properly m xne estate for 143.950. and he disposed of it all except a house and lot in Dunn's Addition. . The East Side property consists of a half block on the east side of East Eleventh, between East Burnslde and East Ankeny streets. The Quarter at the northeast corner of East Ankeny and East Eleventh streets was sold lo Henry Pape. son of B. Pape. for 911,000. It is occupied by a residence. The quarter block at the southeast corner of East Burnside and East Elev enth streets was sold to William Mc Hardy. from Polk County, for 913,000. Mr. McHardy announces that he will erect an apartment house on the quar ter block. C. Grltzmacher secured the lot and house on Eleventh street, be tween Taylor and Yamhill streets, for 920.000. Mr. Newhall retains the prop erty in Dunn's Addition. Lsikevlew to Have New Church. LAKEVIEW. Or- Oct. 14. (Special.) Rev. M- O'MaUey. 8. J- of the Catholic Church at this place, has Just received the plana and specifications for the new Catholic Church to be erectea hers next Spring. The sum of 92000 haa already been collected and 9500 additional has been promised. The building will prob ably cost about 9TO0O. and will seat lis persons. Trunks, suit eases and bags. Largest smrleur at Harris Trunk Co, 131 Sixth. goes on sprees lasting from four to six weeks. The intervals between the sprees are about two months long, she says. She married him In Missouri, February 5, 1S99. They have two children. AUTO TAKEX, ALLEGES WIFE Mrs. W. J. Scott Complains That Husband Stole Valuables. Alleging that her husband. Walter J. Scott, gave her an automobile when they were In Missoula, Mont., and then moved it to the State of Washington so that she does not know where it Is. Louise E. Scott, who is suing for a divorce, made affidavit yesterday that she Is In need of money. She asks the court to give her 950 a month pending the disposition of the divorce suit, and 50 attorney's fees and suit money. Before her husband deserted her. she says, he sold the most valuable part of her clothing and the furnishings at 747 East Eleventh street, for 910UO, took with him 91000 in cash, and 91500 worth of dia monds, besides her diamond set worth She was left with only 930, she com plains, and is so weak from abuse- her husband heaped upon her that she is un able to support herself. BRAKEMAX ASKS $7500 BALM Car Jumping Track, Guardian of Young Employe Sues O. R. & X. An accident in the progress of con struction work on the new O. R. & N. cutoff at Batrsdale is the basis of a dam age suit for 97500, filed in the Circuit Court yesterday against the Pacific Coast Construction Company. M. F. Durham, guardian for G. D. Durham, being the plaintiff. O. D. Durham is 19 years old. He was employed as a brakeman on the com pany's work train. He was standing on the car next the engine at 2:15 A. M. August 11. It la alleged, when the car left the track, burying him under debris at the bottom of a 20-foot embankment. His legs, feet and ankles wers Injured. It is alleged. With Recent Fires In Which ors Have Pe'rished by Score, Sub ject Has New Interest. Owners of many barns in Portland will be required to alter the exits of their buildings, says Building Inspector Plummer, and at the next meeting of the City Council he will recommend that such changes be ordered. Accom panying his recommendation will be a detailed statistical statement setting forth the number of stables in which 10 or more animals are housed and the percentage of those that fall to come up to the ordinances governing exits. A. S. Latsplech, a special inspector employed during the Summer, has just submitted his report to the building inspector's office. It covers 305 build ings in which 10 or more horses are kept and sets forth the name of the owner and the location of all that are constructed contrary to the present law. "At least 15 per cent of these barns," said Mr. Plummer yesterday, "do not come up to the requirements of the ordinance, which specifies that they shall have eight feet of exit for every 2500 square feet of floor space. We shall try to have these defects reme died In every case." Since more than 100 horses were burned to death in the fire at the old Exposition building last July, there has been much agitation among city offi cials and the public generally for more adequate protection fof the animals. Those Interested in humane work have taken a prominent part in the agita tion. Other fires in recent years have dealt death to horses and cattle until the aggregate loss Is appalling, says the Building Inspector. Councilman Watklns recently intro duced a measure providing for more protection for horses kept in stables, but the provisions requiring all barns of frame construction, containing 10 or more horses to be torn down before January 1, 1912, prevented its passage. A revision of the ordinance, with this feature eliminated has been suggested. The Building Inspector's office has sent notices to all the owners of frame barns that do not come up to the re quirements to provide the additional exits. He has received no protests. He expects that considerable objection will spring from tne owners or. Dries, ana concrete barns, however. He will start mailing out notices to them during the next few weeks. - i A provision that will gradually elimi nate all the large frame barns In the city is also under consideration by the building department. SCANDINAVIANS TO MEET! Assembly Advocating "Oregon Dry In 1910" to Gather Sunday. A Scandinavian mass meeting in the Interest of "Oregon 'Dry' in 1910" will be held in the First Presbyterian Church, Twelfth and Alder streets, tomorrow Ti -o ir ire riorses plunging down the street thrill the best of us. The man with a story of stirring adventure gets the floor. A good adventure story is always worth read ing. But where can you find such a story? You have to read through a lot of mush to get the real stirring thing you want. Why not get a magazine that has adventure stories and nothing else especially when you can get a magazine that is edited - just as carefully as a magazine like Everybody's that is, in fact, published by the publishers of Everybody's ? For instance : A. rJ v. V." "if . wN- r ,jn rTJST SUPPOSE you woke from a drupec sleep in the hoia oi a. souui America?. ilrig vessel hund for you knew not SUPPOSE you found yon were alone on the Pacific with a crew of Chinaman and a lady-skipper, whoso only name was "Bessie'' SUPPOSE you had been robbed of an Inventory-list of priceless treasure consigned by Pizarro, from Peru, in the galleon Espiriiu Santo, to the King of Spam BUT SUPPOSE you remembered the lati tude and longitude of the spot where 'the Eapiritu Sanio went down AND SUPPOSE you found "Bessie" a game sport and her crew of Chinamen a bunch of heroes JUST SUPPOSE WHAT would you doT YOU'D join the quest of "The Yellow Men and Gold." And you can join it for that's the name of the best adventure story you ever read. It's by Gouverneur Morris and it's in ADVENTURE. AND there are 192 pages of just such stories in this brand new magazine -some fact stories, mostly fiction stories, but L all adventure stories. There is "something doing" in every one of these'yarns. They'll grip you. They're in The Ridgway Company's new magazine Published by Eyeiybodys-Magazine i At All Newsstands 15 Cents' afternoon at 3:30 o'clock. All the Scandi navian churches and temperance socie ties of the city will participate. Rev. C. J. Larsen will preside. The following programme will be given: Sons by union chorusv scripture reading and prayer. Rev. J. N. Burdell; orchestral music, selected; "Can Prohibition Be Enforced?" Rev. John Ovall; duet, Mrs. R. H. Torry and F. P. Holm; "Personal Liberty and Prohibition," Rev. H. P. Nelsen; solo, "Molly and the Baby," J. Hedln; "Saloon and the Cost of Crime, Rev. D. Iarsen; music by orchestra, se lected; "Saloon and the Church," Rev. H. B. Sanstedt; solo, "The Dramshop," Mis Christine Olson; "The Saloon and the Home." Rev. B. J. Thoren. : I- -Hhli WiMirfjin1 FIRM FIGHTS GAS COMPAXT Sellwood Would Bar Concern From Laying Pipes. An effort is being made in the Circuit Court to have the Portland Gas & Coke Company restrained from laying Its mains Is SeUwood. Ths Sellwood, Seal Estate IS THE ONLY EMULSION IMITATED If there was any other Emulsion as good as SCOTT'S, SCOTT'S would not be the g only one Imitated. g For thirty-five years it has 1 been tne standard remedy ror Cough. Colds. Los-r of Fluh. Anemia, H rone hit U CONSUMPTION Be n to set SCOTT'St ewr bettle of it is nanatead aad backed by world-wide ropotaboa. ALL DRUGGISTS There's More to Shoes Than Just That Certain Amount of Wear You cannot measure in money, the style and worth you get in-Foot-Schulze Shoes. You cannot fix a price on the comfort of mind and body these splendid Shoes give you And yet their price is very low for their value Foot-Schulze Shoes j MEN WOMEN CHILDREN Are Sold by the better dealers in the Northwest FOOT, SCHULZE & CO. SHOEMAKERS Sole Distributor. FOOT-SCHULZE GLOVE RUBBERS 226 East Third St ST. PAUL, MINN. ITHI 107.0