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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 30, 1911)
1911. JURY DELIBERATES Ofi PHILLIPS' FATE OREGON REPRESENTATIVE TN CONGRESS AND PARTY ON BOARD STEAMER N. R.LANQ AT OREGON CITY. T From Now Until Christmas Case of Banker Submitted at 9:10 P. M. After Defense Waives Argument. I I! nnTl w m H 1 TV CT1 T VnTTATT? I." I J flrt I'll L Tni7X'lli I 1 I.' I' I.I I I -t A. IJlliik.TAVAi. v w Jj.uiiuw I .- rA - ' A At- . J:,.j,'1rsT 'Y'SW I 1 --" 1 ' A J . - y To glide through the "Winter with joy and ease Don our good sweaters some reach to the knees ; fktSi ri aLkMM.! jiAttiiiAi;! tikis, m i,?-iilsWJ LAST DAY OF TRIAL WEEPY Juror Plainly Affcctrrt by Teara of Vancouver Banker. Who Breaks Down When Lawyer Asks About Hl Children. KAUMA. Wah.. Nov. J9 i Special.) After a day full of Incident. In which tear, sentiment nd well-timed ap peal to the Jury' tender !de played bo mall part. the trial of C. it. Phil lip. ex-preldent of the Commercial Bank of Vancouver. Wah.. cam to an end lata tola afternoon after the de fenea had rested It case, and tonight the fat of th accueed banker rest with tha Jury. Tha Jary retired at :10 p. ST. after th defena had waived lta argument. Twle In th eouri of th day wa th Jury aubjected to the teat of tear. One everl of th II men In the Jury box wer vlstbly affected. Thta earn when Phillip, on the etand In hla own behalf, under the sympathetic question ing of hla lawyer. Judge Bennett, dropped hla bead on hla breast and wept aloud. The sudden breakdown waa all the more dramatic because previously bla air had been confident and bla rote firm In anawer to all questions. Th other lachrymal MptUm of th J'-ry took place earlier In the day when Judge Bennett. In outlining- the case fr the defense, wept when he declared that he would ahow that Phillips had given up hla own horn to the bank It make good hla twk. and declared . that he had many wltneaaea to prov the ez-banker'a reputation aa a man of honor and Integrity. Mohaadr To Late. A bit of unconacloua Irony waa In jected Into the trial Juat after Phllllpa had left the atand. mhen It becam known that J. L. Mohundro, State Bank Ksamlner. had telephoned that he waa In Seattle and ready to testify. Mo hundro win to hare been one of th state's chief wltneaaea against Phllllpa. and hla mysterious departure from th state, out of reach of aubpenae. Juat be fore the trial opened, no effort ap parently being- made to hinder him. baa not yet been explained. With the prosecution' aa already finished, and the defena Juat ready to close. Mohundro'a belated arrlral In Seattle waa too Ute to be of any erv lc whatever to the Hate. Phillips was by all odds th moat Interesting- witness of the day. With a fine aense of th dramatto, th defena had eared him to th last. It waa 10 o'rlock when his name waa called, and he stepped to th witness chair. He eemel calm and confident, almost aa sured. In manner, and th questions of his counsel he answered clearly and Prmly. without hesitation. Then with out warning came th breakdown. Attorney B-nnett asked him gently t. tell about his own bom and If h had any children. A change cam over the banker, lie aat an Instant as If In a dream, hla itas far away, and then the tears sprang Into hla eyes. He looked ten years older aa his bead slowly drooped on his breast and bla body, shaken by sobs that he could not restrain, alumped down In hla chair. Jary I.leteaa Teaaety. After waiting a full 'minute. Judge Bennett repeated his question. Phil lips strueKicd to control himself, dried his cheek and eyes, but bis role was still broken and shaky when he replied: "Two." After that Phllllpa quickly recov ered himself, but th .ffect of hla emotion on th Jurors was plainly vis ible In the tense set way In which the-y hung to hla every word and move ment. I'hllllpe withstood a eever cross examination without belna shaken from hi atand on direct examination. As he reviewed tha transactions In tha bank he looked several tlmee at th nwn In th Jury box. I'hllllps testified that he had be l'eved ail the firms thnt rot big loans from the bank wer aolvent. and that they had so represented themselves to him when the loans were m'l Swank Company. he said, bad mad a state ment that their aaeets wer 1111.000 and their liabilities 141.000 on lecem ber 1. 10. while Moor Hardin had declared themselves worth .00O. with no liabilities xcpt to th bank, whi.-h lent them $30,000 In H10. The ex-banker said that his own home, which he had turned over to the bank, was worth lit. 000. laeaaertrae) Heel a red Crvat. Th defens mad much of Phillips' alleged Inexperience In banking affairs. Juris Bennett declaring In bla state in' n I to the Jury that h had no mora business la a bank than a Uv aheap In a butcher shop" when he entered tn business, and that b bad bought for II. TS stock worth no mor than ft la. Bennett also declared that he would prov th assets of th bank to b worth IIU.000 and Its liabilities approximately 1111.000 and that ulti mately the depositor would get dol lar for dollar. F. P. Warner waa a willing wttneea for the d-fenlant- lie estimated th value of I'hllllps' bom at IIO.OOO and declared th reneral reputation of th several bankrupt firm to be apletndld. That of Phllllpa. he aald. "could not he better." Jo Harvey, of tha Harvey Milling t'ompany, said th value of 37 S shares of th company's atock waa IJ&.000. This amount of atock had been placed tn th bank to secur a 117,100 loan, which a as paid ahortly after tha bank closed. Th defense! desired to ahow n at this note waa very good, to offset some of the bad ones. Phillips rood reputation and th val ue of various of th bank'a securities waa also testified to by Charles A. luurork. M. K Sparks. K. P. Waajnor and W. S. Miller, of Vancouver. Jary Oat Late. Other witnesses who swore to Phillips" rood reputation were W. J. White, of Uoldenilale: fol Smith. Su perior Jadse of Pacific County. Wash.; lr. H. S Ood'lard. Mayor Klcglns and f'r. A. P. Stowell. all of Vancouver. The state presented no rebuttal tes timony and Attorney Bennett offered to submit tha cas without argument. Attorney Plpea, for th prosecution. however, desired to read evidence that had been submitted without readme ourt then adjourned at & 10 o'clock to I T.:0 I hn court reconvened after supper. JiMge H. K. Kenney delivered hla In structions lo the Jury. Judxe Kenney told the Juror that the atate must snow two things: first, that th bank waa Insolvent: and second, that I'hll llps knew or had rood reason to be- 1 i! V "'-- ' . -'' -- . MR. HtWlET I?T CEXTKR, REIT TO RAILIJCO. OREiO.V CITT. Nov. It. (PpoolaJ-) After It hours of probably th busiest time he haa had In hla 1000-nill trip over his district. Kepre sentatlv. Hawley left for Portland today to keep an appointment and will be at Salem tomorrow to pass Thanksrlvlns; with hi family. After getting- a close Insight Into th conditions and necessities at Oregon City. Mr. Hawley expresaed himself aa being confident of be ing able to secure an appropriation for th removal of th Clackamas Kaplds. Mr. Hawley waa entertained at luncheon today by th Live Wlrea of the Commercial Club nd was elected an honorary member of that organlxatlon. Ppeeche wer made by Rv. A. Hlllobrand, H. E. Crose. J E. Hedgea. C. H. t)y and Mr. Hawley. Mr. Hawley. along with a delegation of 15 business men, waa taken on th steamer Lang down th river this morning. Th boat went over the Clackamae Rapids and th legislator waa given an op portunity to view the obstacles to navigation at Maxone'a. Meldrum and Jennings. After going down th rivr aa far aa Elk Rock, th steamer returned to Oreron City. Following the Llv Wlr luncheon. Mr. Hawley met with a delega tion from th Orand Army of th Republlo, and they dlscuaaed leg islative matter relating to tha Teteran of th Civil War. lleve that th Institution waa In such a cordllk'n. If th prosecution failed to ahow either on or th other, then the defendant ahould atand acquitted, he said. Jnrr Oat at Mldalght. Tha defena. after tha delivery of th Instructions, announced that It Intend ed to waive argument, which waa In tended as notice to Fred W. Tempes, County Attorney of Clark County, who conducted the trial, that he would have no opportunity for rebuttal argument. The prosecutor In asking the Jury for a verdict of guilty declared that the state had shown all that waa required by th law of evidence. It had shown the exlatenc of the bank, he aald. Its lnaolvency at th time the deposit un der question waa accepted and It had shown by letter' written by Phllllpa to the state banking department that Phllllpa was beyond doubt well In formed of th bank's shaky condition. I'p to midnight th Jury bad not reached any agreement. That th Juror may pass Thankaglvtng at bom. Judge Kenney left word that he waa to be called at any time In th night, ahould a verdict be reached. PADRONE SYSTEM HIT COVFR-XStEXT TAKES IIAVD AGAINST "LABOR GRAFT.1' Oregon Short Line Official May no Involved In Alleged Extortion From tirc-rk. Laborers. MOSCOW. Idaho, Nov. I. iSpeclal.) When I'nlted Ftates Immigrant In spector McConnell today directed a let ter to the County Attorney of Pocatello asking that he Institute, criminal pro ceedings against William Marvalls, a Greok pardon, and subordinate officers of the Oregon Short Line Railroad, he delivered the first blow over struck In th West against what ha term tha greatest graft In th country th "la bor graft." Inspector McConnell haa a score or mor of affidavits from Greek laborers In . which they accuse Marvalls uf rharglng them 12 to obtain employment with th com pany anJ of charging them 12 a month to retain their Jobs. Home of those af fidavits have been forwarded to Wash ington, but most of them accompany the letter to th County Attorney. While th affidavits do not accuse any officer of th railroad company, th Inspector say ha ha evidence against them which h cannot disclose. Idaho ha no law bearing directly on this subject, but McConnell believes that charges can b brought under th general conspiracy law. A section of this provides that It shall be unlawful fur two or mora persons to commit any act to Injure the publlo health, morals, or which will subvert Justice or th due administration of th law. Th inspec tor asserts that the railroad officials are In collusion with th Greek padrone and receive part of th money extorted by him from the laborers. McConnell haa prepared a draft of a bill which he think will deal with th "padrone" evil, and It will be submit ted to th Leglalaturea of Oregon, Ida ho. Washington and Montana. "It la a sham for th people of these state to permit a graft Ilka this to fasten Itself on labor," said McConnell. "It 1 universal, and If American labor Is to be. protected. It must ba dealt with by law. These Greek do not coma to th country voluntarily, but ara shipped here by tha padrone. After they are landed, they are charged ao much for their Jobs, and so much for each month afterwards to retain It-" Xepro ex-Soldier Shot. srOKA.NT, Wash, Nov. !. (Spe cial.) Phot through th Jaw and neck and through the arm when h attempt ed to force an entrance into the home of Mabel McPheraon. colored, at 1:30 o'clock yeaterday morning. Arthur Owena. colored, an ex-aoldler. now lie In a critical condition at the Emer gency Hospital. Mabel McPherson. charged with assault with a deadly wrM'-.n. ,n lh Cttr J"- Accord ing to the story told by the woman, owens. whn refused admittance, threw himself against tha door. Armed with a as-callber revolver, the woman met him In th front hall. - Befora he could reach her she fired twice. Owena fell In a heap at her feet. " ev. "?i i I.r t'' JAIL GETS BANKER Sudden Fall of Idaho Finan cier Is Tragic. PECULIAR LAW IS UNDOING Leo Cramer, Head of Institution at Hal ley, Convicted on Statute Hold ing 'Offlc'als Reoponslble for Aria of .. Employes. BOISE. Idaho. Nov. 19. (Special.) Vice-president and active manager of a prosperous banking-house a little more than a year ago, Leo Cramer, recog nised head of the Idaho Ptat Bank of Halley, defunct, la now a convict tn the Idaho Stat Penitentiary. His sentence Is for six month to two years, and un less tha application for a review of his case, now pending before) th Supreme Court. I granted, he must serve full time. Cramer was a crushed man when he entered the prison last Saturday night. None of th usual formalities connected with th reception of prisoners at the penitentiary waa auspended for him. He became convict No. 1862. and was taken to a cell. When the officials hav de rided what occupation ha I most fitted for, h will be put to work. Idaho I.cw Peculiar. Cramer' case Is peculiar In that his conviction was secured under a statute peculiar to Idaho alone. It provides that a director or officer of a bank act- I Ively engaged tn Its management can b held guilty of having received a de posit when th bank was Insolvent, al though th deposit Itself was actually received by another. This statute was enacted In 1905, and It la without prece dent anywhere. The affaire of the Idaho State Bank of Halley and their airing In court have not entirely dropped out of th calcium light with th conviction of Cramer. Sensational suit are following In rapid uccesalon. the most Important Involv ing 130.000 which the Idaho State Bank Is trying to collect from Mrs. Annie I. Miller a defendant. When the bank failed Mr. Miller, who I a widow, had S01.000 on deposit. 8h was away from Halley. but hurried to that city on learning of the suspen sion. She asserts that Leo Cramer met her at Shoshone and Induced her to j-lde over to Halley with him In hla auto and remain aa a gueat In his home. IShe had every confidence In Cramer and accepted th Invitation. Widow Charges Fraud. It was while aha was visiting at the Cramer horn that Cramer Informed her. according to Mrsr Miller story, that he had 130.000 worth of unse cured note In the bank and told her that If h could take care of them th bank would roopen. He asked her to turn over her certificate of de posits, amounting to 1.000. and sign a not for 110.000. in return for which he would give her the note secured by 1100,000 worth of personal prop erty. Ph considered th security good and accepted, she says. Later, she say, she discovered Cramer'a property given aa security was worth but 17000. She was then sued by th bank for th 120,000 not he gave to Cramer, plus tha interest. She haa aaked that the entire trans action be rescinded and that her es tate and bank affairs be left aa be fore th bank failed, so that she may realise something from' her 161,000 In deposits. Body of One of Seven Pound. VANCOUVER. Wash., Nov. 29. (Spe cial.) The body of Arnold Murk, on of th seven young men drowned In th Lwls River, when driving log for the Lewi River Boom Company. wa found 12 miles below the cen of the accident and taken to his home, where the funeral was held Monday. . Uoldendale Ticket Named. GOLDENDALE. Waah, Nov. 89. For cold weather comfort there's nothing like these. We'll give a Sweater to the person who sends us this ad., cut from this paper, with the best two lines in rhyme to fill the missing lines. A cravat to the second best. T THNCI-OTHIrlG 6 liiUll GusKuhn Prop. 165-170 THIRD ST.- (Special.) Th present City Counoll and Treasurer were nominated at a mass meeting of Goldendale voters held at the Court House Monday night, on a ticket styled N "Cltlxens Progres sive." Councllmen who will run for re election for a two-year term are: Rob ert J. Willi. Jacob Crocker and John Coffleld; one-year term. Cecil Smith. Treasurer H. Hyatt- A surprise was sprung at the meeting when John R. McEwan announced his withdrawal from the scramble for the Treasurer's office. So far this Is the -only ticket In th field. BLETHEN TRIAL LIVELY Attorneys for State) and Defense Clash Over Evidence Submit bed. SEATTLE, Wash., Nov. 29. (Special.) With the attorneys for th slate and defense clashing continuously over tha Introduction of evidence In the trial of Alden J. Blethen, the Seattle newspaper owner, charged with maintaining a nuisance at the Arcade dancehall. the testimony of 16 witnesses was never theless taken. Judge Ronald a num ber of times overruled the prosecution In It attempt to get certain evidence before the Jury. The first clash came at the very outset, when Willard T. Hartson. Federal revenue collector, waa called aa the first witness for the pur pose of showing that Ludovlc Dalla gtovanna and Charles Berryman. who actively operated the dancehall, had ob tained a Federal liquor license for tha retail trade, but that they had no city or state license. "We waive the necessity of proving that the Arcade dancehall waa a publlo nuisance and that liquor was sold Il legally," Interrupted Fulton, chief coun sel for the defense. Much of the day wrangling was over the prosecution's determination to prove the character of tha resort In pit of the detente' admission. . SUSPECTS ARE IDENTIFIED Alleged Stage Holdup Men Plead Not Guilty at Preliminary Hearing. DRAIN. Or., Nov. 19. (Special.) Edward Juergena and Fred Foster, suspected of holding aip the Draln- Coo Bay stage, were brought here today by Sheriff Qulne and Deputy Stewart. The watch they have was Identified by the Jeweler and several others as the watch of the stage driver. W. W. Kemt. th hardware merchant. Identified them aa tha fellows who tried to buy guns from him the day before the holdup, and Mr. Russell, the hotel manager. Identified them as the ones that stayed at hla place last Friday. District Attorney Brown Is here with the Sheriff to try th men. At the preliminary hearing they pleaded not guilty and were bound over to the district court, ball being set at $2500 each. LOST RIVER DAM FINISHED Contractor Keep Frost Out of Con crete With 4 0 Fires. KLAMATH FALLS. Or., Nov. J9. (Special.) After keeping 40 fires going night and day for weeks to heat con crete, and building large canvas walls and ceilings over th work to keep the heat In, the contractors of the Lost River diversion dam, building for the Government, hsve put In all the con crete without damage from Jack Frost and are breathing freely once again. The auxiliary work which remains to be done will take probably six weeks, after which the work will be turned over to the reclamation service, that It may go ahead and reclaim SO, 000 acres mostly Inundated by Tule Lake. The dam Is of the horseshoe type, built In circular fashion to distribute tha pressure of a vast amount of water over a greater area than a "straight across" dam would permit. KLAMATH WATER IMPURE Typhoid Fever Epidemic Leads City to Consider Own System. KLAMATH FALLS. Or, Nov.. 29. All efforts to purify the water fur nished by the Klamath Falls Light St Power Company ror domestic purposes have so far failed to bring the per centage of Impurity aa low as the city authorities and water company want It to be. and the city seriously contem plates putting In a plant of Its. own and piping water from springs on the Government reserve on Upper Klamath Lake. If It Is necessary to go that far to get It. The City Council and Mayor Sanderson have within a fortnight held two secret meetings on th subject. Th Councllmen are by no means a unit on th water question, as some of them are opposed to the million dollar or more which it Is alleged the right kind of a system will cost. Dr. R. R. Hamilton, city physician, says the fourth analysis taken of city water samples since the typhoid fever set In shows from 600 to 6X00 organisms to the cubic centimeter. Of the three sam. pies, only one showed no colon bacilli. Th springs are In the city limit and BUYS THIS $600.00 PLAYER. PIANO $9 DOWN ..AND.. $9 Per Month It would cost you at least $12 per month to rent this fine Player-Piano. For $9 a month you can OWN IT, with no extras to pay. NO IN TEREST for one year. This is one of the enor mous savings in cash and terms given you by the PlANO&PLf 375 Write for Our Club Plan ! ii for a time wer contaminated by sur face sewage. Fire Auto Tested Well. GRANTS PASS, Or Nov. 29. (Spe cial.) Mayor Myers and several Coun cllmen left here today for Medford In Grants Pass' first automobile fire-fighting engine In an exhaustive test of the apparatus. The new method of extin guishing fire with automobiles affords th different cities In the valley an op portunity to call on their neighbors for aid In case of a serious conflagration. Sirs. Elisabeth Maupin IMe. SOUTH BEND, Wash.. Nov. 29. (Spe cial.) Mrs. Elizabeth Maupin. 67 years old, wife of J. T. Maupin, of this city, died of heart trouble at a local hos pital Sunday evening following an Ill ness of six weeks. Mrs. Maupin had re sided In this city and county for the past quarter of a century. With her No Music for Thanksgiving? This machine (cut does not do it justice), with twenty-four selections of latest records, all for $22.80 cash or 10c daily, at Eilers Music House, on Alder street at Seventh. PS A Washingto n Street Open husband aha had returned the latter part of October from a six week's trip to Kansas and Oklahoma, where they visited their daughters. She was born in Lynn County, Missouri, March 17, 1844, residing in Southeastern Kansas 14 years and two years in Cherokee, I. T. On September 6, 1888. she came with her husband to what was then known as Shoalwater Bay, now Wlllapa Har bor, settling on North River. Mrs. Maupin was the. mother of seven sons and four daughters, six of whom sur vive her. The funeral was held today and burial took place here. "There could be no better medicine than Chamberlain' Cough Remedy. My children were all sick with whoop ing cough. One of them was In bed, had a high fever and was coughing up blood. Our doctor gave them Cham berlain's Cough Remedy and the first dose eased them, and three bottles cured them," says Mrs. R. A. Donald son, of Lexington. Miss. For sale by all dru gglst. Go to Eilers Music House Immediately to morrow and get one of the latest Hornless Talking Machines and Eecords 10 cents a day. A limited number of the great $22.80 combina tion offer. Latest ' hornless machine and 24 selections of records, all for $22.80 cash, or on payments of TEN CENTS A DAY. YrrP I lift! Evenings Until lO A "Grouch" Is a Man Who smokes all-Havana cigars all the time. He doesn't give his nerves a chance to rest up. He doesn't give himself tho opportunity to be cheerful. Wise smokers choose the light, soothing, domestic Gen! Arthur Miw iuc Ligar M. A. Gunst CB. Co.. Distributors Hair Health If You Have Scalp or Hair Trouble, Take Advantage of This Offer. 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