Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 9, 1913)
THE 3IORNTXG OREGONTAX, SATURDAY, AUGUST 9. 1913. SURPRISES COME IH MURDER TRIAL G. M. Stewart Admits Having Gun in Hand When Wife Slain Near Dallas. SELF-DEFENSE DAVIS' PLEA Contention to Bo Based on Father-in-Inw's Display of His Revolver Before Fatal Shooting Bul let May Fix Blame. DALLAS. Or., Aug. 8. (Special.) With the second day of the trial of Lou Davis, charged with murdering his mother-in-law. Mrs. Eliza Stewart, at Ballston on June 30, two unexpected features developed, one being the ad mission by the husband of the dead woman that he himself had a gun in his hand at the time of the killing. The record of the Coroner's inquest shows that Stewart testified that he did not have a revolver when the woman was shot. The other surprise is in the fact that the defendant will plead self defense and not insanity, as had. been expected. G. M. Stewart, husband of the dead woman, was the chief witness of the prosecution today. He said his wife was shot while he and Ben Agee, a neighbor whom he had called to his home, were engaged in a scuffle over the revolvers which he and Davis had. Mr. Stewart said the shooting was started by Davis, who fired at Agee when the latter, accompanied by him self (Stewart), entered the room In which were Mrs. Stewart, Mrs. Davis and Davis. The witness said he left the three together when he went to summon Agee after Davis had drawn a gun when he was ordered to leave the Stewart home. Stewart admitted he had his revolver in hand when he entered the room where Davis was. The plea of self-defense will be based on this admission. Woman In Line of Fire. The witness said Mrs. Stewart was almost directly between Davis and Agee while Davis was shooting at Agee. He said the woman was not shot at that time. It was also admitted by the witness that previous to this Davis had never quarreled with either him or his wife previous to the day of the killing. The prosecuting attorney, in his opening statement today, said he would prove that Davis had made threats against the entire Stewart family. It is understood that the defense will not deny this, but will contend that Davis at the time of the threats was men tally unbalanced. It is contended that Davis Is sane now. The testimony of Dr. A. B. Starbuck and. Dr. R. E. I Steiner, who were the first witnesses introduced for the prose cution, was to the effect'that Davis was insane previous to the shooting. The defense also will bring up the contention that the shot which killed Mrs. Stewart was not fired, by Davis, but came from the gun of her husband, unknown to him. To support this con tention a leaden bullet, taken from the woman's head a few days ago when the body was exhumed, will be introduced and an attempt will be made to prove that only steel bullets can be fired, from the revolver used by Davis. , . Ballet Ruled Out. The prosecution today, after Stewart testified that Davis had shot Agee also, nffared a leaden foultet Allsrf? tn tonvn been extracted from Agee. The court ruled this evidence out and had the bullet marked. The state will endeavor to bring this bullet In the case tomor row. It is said that' J. E. Sibley, of Dallas, ex-Deputy District Attorney, has been retained by friends of the Stewart family to aid District Attorney Upjohn in the prosecution. Walter L. Tooze, Jr., of Dallas, represents the defendant under appointment by the court. It Is not likely that the case will be finished tomorrow, but will have to go over until Monday. The jury is as follows: J. G. Van Orsdel, Mayor of Dallas; W. W. Dawson, Dallas: George W. Hagrood Dallas; J. M. Card, Dallas; J. J. Finn, Buell; Michael Goetz, Independence; A. R. Southwick, West Salem; H. C. Con stance, Independence; John Simpklns, Spring Valley; G. K. Wait, Rlckreall; J. L. Atwater, Airlie; A. H. Holmes, Dallas. office of the State Game Warden Is sued yesterday a set of rules and reg ulations for hunters to follow when in the woods, and also has prepared a code signal system of shooting for use between wounded sportsmen and anyone who may be within sound of his rifle. In part the rules are: To prevent accidental shooting- every hunter should wear a red cap, shirt or sweater, or some other article of clothing: that can easily be Identified from game birds and animals, especially when hunt ing deer in the forests. Since there is a contrast between red and the color of any bird or animal that is being hunted this color will serve the best, purpose. Hunters should never shoot at moving brush, leaves or grass with the expectation of killing game. It is dangerous, for the moving object is likely to be a man. Xever shoot at any object until you are absolutely positive of identification. To prepare for an emergency, every hunter and angler should carry in his pocket a piece of candle and matches in a water tight match safe. In case of becoming lost or Injured, one can readily start a camp fire. Lost or dlstriess signal When a man is lost or injured and needs help a signal by shooting should be given. This signal will be the firing of a gun once, with an in termission of 10 seconds before the second shot, then an intermission of 60 seconds, then a third shot. If no answer is received this signal should be repeated after an In termission of 5 minutes. The answer to this signal would be a single shot from the rescuing party followed by one recognition shot from the lost man. CHANGES UP TP WiLSOM WAR SECRETARY SOT COMMU NICATIVE AT BOISE. ELECTRIC RATES' CUT DUE Oregon Power Company to Make Clianges by September. INDEPENDENCE, Or.. Aug. S. Spe cial.) M. C, Jennings, of Eugene, dis trict manager of the Oregon Power Company, was in the city today, and announced that there would soon be a sweeping reduction in the electric light rates in this district. The rate that has been in force for the last few years is 15 cents a kilowatt and there was no reduction for payment before de linquency. The new rate will be ar ranged on a sliding Bcale, with a max imum charge of 11 cents per kilowatt, with a cash discount of 10 per cent if paid before the 10th of the month. The larger the consumption the smaller will be the chrage per kilo watt. The matter of a reduction was taken up with the company by the Commercial Club some time ago with the above results. Mr. Jennings said that the rate would have to be sub mitted to the utility commission for their approval, but that he thought it would be gotten out of the way in time for the September bills. CHURCH UMPIRE SLUGGED Skull Fractured) When Rival Sunday Schools Play Ball. CAMBRIDGE. O.. Aug. 8. Because he is alleged to have assaulted F. S. Pollock, of New Concord, who was um pire during a baseball game last night between teams composed of members of Sunday schools of two Cambridge churches, J. Powers, member of the fnited Brethren Church team, was ar rested today on a charge of assault and is held pending the outcome of I'ollock's injuries. Pollock's skull was Powers took exceptions to a ruling "f the umpire, and a fight ensued. The game broke up In a row. HUNTERS IN HOSPITAL HERE To Reduce Accidents In Woods Game Warden Gives Instructions. With three victims of guns in Good Samaritan HoBpltal at the present time and with reports constanly be ing received of wounds and fatalities sustained among Oregon hunter, the Policy Regarding Western Forts to Be. Decided After Talk With President. BOISE, Idaho, Aug. 8. (Special.) The policy of the War Department with reference to Western military posts that have been abandoned or where the troops have been removed to Coast posts will not be announced until Secretary of War Lindley M. Gar rison returns to Washington and con fers with the President and Cabinet officers. This was the announcement made here today by the Secretary after he had Inspected Boise Barracks. ' He also refused to talk about the Mexican situation, declaring that matter was in the hands of the President. Secretary Garrison arrived here early today from Walla Walla; so early in fact that the reception committee of the Boise Commercial Club was not on hand to meet him, although other pri vate citizens did the honors. He break fasted at the Owyhee Hotel, inspected the barracks in the morning, was the guest of honor at a luncheon at the clubrooms at noon and left in the afternoon for Spokane. Secretary Gar rison was accompanied by Major-Gen-eral Leonard Wood, Captain Schendel, of the College of War: Private Secre tary Pedigo and General Aleshire, Quartermaster-General of the Army. In the afternoon the party inspected the Government irrigation project east oi this city. During his short address at the Com mercial Club luncheon Secretary Garrison-said that while he advocated ar bitration and peace, an army was nec essary to secure results along that line and for a defense in case peace terms failed and war is necessary. He strongly advocated the enlistment of young men for two years in the regu lar Army, then return to civil iife, de claring that military training of this kind creates a great standing army, ready for call at any time. Governor Haines presided at the luncheon. Gen eral Wood also spoke briefly. POTISON'S JOB WANTED DEMOCRATIC RAXRS OF WASH IXGTOS STIRRED CP. Successor to National Committee man, Who May Get Federal Ap pointment, Is Real Pnzzle. OLYMPIA. Wash., Aug. 8. (Special.) Sharp skirmishing Is going on in Democratic ranks In regard to the elec tion of a successor to National Com mitteeman Pattison, o Spokane. Pat- tison has been promised appointment to the first available Federal judge ship in the Philippines and' may get the appointment in the next few months. If the billet comes this soon it will mean that whoever succeeds Pattison may be dispenser of Federal patronage for half the jobs In the state, as the policy that has been pursued thus far Is to make recommendations to the Administration only- when the terms of Republican office holders are about to expire. With half the patronage of the state in view the contest for the office is beginning to attract consid erable attention. The National committee itself fills any vacancies in its own ranks. If National Chairman McCoombs takes it upon himself to name a successor to Pattison many believe Charles G. Heifner, former state chairman, and a candidate against Pattison for National committeeman, may be the chosen one. Heifner was the original Wilson man in Washington, acted as Wilson per sonal representative in the Northwest during the preconvention days, and has been closely in touch with the execu tive since that time. On the other hand, Heifner has made many bitter enemies in the state, sev eral of these being members of the state committee. The anti-Heifner state committeemen have brought out as a candidate for National committee man W. H. Dunphy, of Walla Walla. CODS COUNTY MAKES 110 APOLOGIES Action in Leach Oustmerit Calls Forth. Statements From Citizens. MARSHFIELD MAYOR TALKS EXPRESS COMPANIES GAIN Parcel Post Fails to Cause Loss of Business in Washington. OLYMPIA, Wash., Aug. 8. (Special.) Instead of losing money with the parcel post in operation, the 1913 re ports of express companies operating Is) the state for the year ending March 31, 1913, show an increase in state receipts averaging more than 6 per cent over the previous year. The par cel post has been in operation since January 1. The figures given below deal purely with intrastate shipments, all business originating in Washington for other states and business coming from other states to Washington be ing excluded. The reports of the va rious companies for the two years on the state business are as follows: 1918. Express company 1012. Northern S 689.572.87 Great Northern... 854,498.41 American ....... 78.S32.9S Wells-argo ..... 43.43i.28 Western ......... 6,137.82 8 624.S55.41 847.617.73 0.546.64 66.5SO.90 6.577.74 Totals , .1,071.475.84 L125.038.44 Municipal Ebnsecleaner Lectures. ABERDEEN, Wash.. Aug. 8. (Spe cial.) Mrs. Caroline Bartlett Crane, municipal housecleaner and sanitation expert, was the guest of Aberdeen and iioqulam clubwomen yesterday, lec turing at night in the high school an aitorium here. A. large number heard ner criticisms on local conditions and a sketch of her work in Eastern cities. Mrs. Crane was entertained at lunch eon at noon. "I. Consider Deportation of Editor Coos County Affair and Quiet Will Continue if Coos Is Iiet Alone," Says Executive Straw. BANDON, Or, Aug. 8. (Special.) The interview with Governor West published in The Oregonlan of August 3, regarding the departure of D. K. Leach from Bandon, does not reflect the affair in its true light, according to the statements made today by citi zens of three towns whose residents were witnesses of Leach's action and conversant with the cause. Mayor Straw, of Marshfield, said: "I consider that the deportation of Leach was a Coos County affair and certainly this was evident to all who may have been among those gathered at the wharf when Leach arrived at Coquille on boat. Things are quiet now and will remain so if left to Coos County people to keep them that way. "There is only a small element of people in Bandon who sympathize with the work Leacb had been doing by means of his publication, "the Justice." " Socialists Show Dislikes. F. X. Chapburne. a Bandon Social ist and an esteemed citizen, said that the Socialist party of Bandon looks with disfavor upon the intemperate and insulting language used by Leach in his paper and that this party in Bandon had so informed Leach. Rev. Frank Eddy, who lives on a large ranch near Bandon, takes the position that Bandon citizens were not Justified in forming a mob and thus deporting Leach from Bandon. There was no mob, said a prominent hotel man, one of Bandon's leading merchants, and a number of City Councilmen said Dr. Leach was merely invited to leave Bandon and he went. If Governor West or Attorney-General Crawford should come to Bandon and make personal investigation they would find that the citizens of Bandon were fully justified in the step taken, said the president of the Commercial Club. History of Trouble Told. That the history in brief of the causes that led up to the sudden de parture of Leach and that the circum stances attending his departure may be presented as they really were. The Oregonlan publishes the following: Last Winter Rev. S. R. Steele, Boy Scout commissioner, visited the light house and upon his return wrote an article complimentary to the light house keeper for one of the local pa pers. In this story the commissioner suggested that scouts visit the light house. Immediately thereafter the same paper was asked to publish an article presented to them by Dr. D. K. Leach. This the paper refused to do, on the ground that the language used was too personal 'and too offensive. The writer of the story bitterly as sailed the Scout commissioner for com mending the faithfulness of the light bouse keeper to the Boy Scouts, be cause, presumably, the lighthouse keeper was a servant of Uncle Sam. Not long after this occurred the Scout commissioner became affiliated with the Public Library and this seemed to displease the doctor greatly, and so he began to attack the library and the fact that a certain book was denied space in the library, it gave him more intense prompting for more bitter and insulting remarks. This book was the prison memoirs of an anarchist, by Alexander Berkman, and the book seemed to have been placed, says the librarian, in the li brary in a. surreptitious manner to see what disposition the librarian would make of it. He condemned the library directors for discriminating against this class of literature. In this he re vealed his anarchist tendencies, thought the majority of tha people. Leacb Attacks Club. Later Leach attacked the Commercial Club. He abused the ministers of the town without cause and attacks upon the flag followed. When Edgewortn and Everett had been sent away from, Marshfield, Leach dedicated a few col umns of "The Justice" to excoriating the Marshfield mob. A mass meeting of Bandon citizens was called, a com mittee was named to wait upon Dr. Leach and invite him to the hall. Upon his arrival at the hall he was told that he had proved himself an undesirable citizen and that he was requested to discontinue publishing his paper and to leave town the next day, bef ore 2 1 P. M. . j Arrangements were made to look after his family in the event they should need attention and the meeting was dismissed without any sign of dis turbance. The next day at the ap pointed time the stores and shops and mills were closed and practically the entire populace gathered at the wharf to see Leach off. At no time was there any violence and at no time was there any questionable language used. Citi zens had besought Leach some months ago to discontinue his rabid publication but he paid no heed to courteous re quests. One of the prominent mill owners said that Leach had begun to be a menace and should be asked to leave the country. Labor conditions in the logging camps and in the mills in Ban don and vljcinity are in excellent con dition. Good wages are paid and the men are contented. A visit by the Ore. gonian correspondent to the camps and a conference with Nonda Anderson, of Seely-Anderson logging camp, con firms this statement. The lowest wage is $2.50. The fare at the logging camp is good, the bunks are comfortable, with, few floating men. The mill work ers are nearly all long-time men. Most of them have acquired property and are good citizens, belonging to the lodges and taking part in the develop ment of the town. Bandon saw that the invasion of the L W. W. was imminent and thought it best not to permit any too much organization of this kind. It con sidered that Leach was opening the way through his connection with the Socialists of the county and by virtue of his publlo statements for the tramp element to gain a foothold in this county, so he was asked to leave. The county was nearly a unit on the propo sition. A. McNalr, of the McNalr Hardware Company, and an old citizen of Ban don, said the patience of the community was taxed beyond its endurance by the Indecent and insulting remarks pub lished in Leach's paper. O. S. Zee, a business man of Bandon, also adjutant of the G. A. R. Bandon post, chairman of Boy Scout local coun cil and secretary of the Bandon Grange, says iieacn naa become an abomina tion in the eyes of the best people of the community. IRoo On Ttieir Way to ttie rua silt IB a. mm MHLSOIHl ott Sal talk 9s Stock There's no abatement to the enthusiasm, the eager buyers, at this mighty sale Portland's sale of a life time! Men are supplying their needs in High-Grade Clothing, Furnishings and Hats from Robinson & Co.'s bankrupt stock for months yes, a year to come! TODAY THE DOORS OPEN AT 9 A. M. AND CLOSE AT 10 P. M. Fifty salesmen to take care of the crowds. Come! Earl. & "Wilson, Arrow, Star, Manhattan and - Robinson & Co. $1.50 Shirts at..... 95 $2.00 Shirts at S1.25 $2.50 Shirts at S1.55 $3.00 Shirts at $1.75 $3.50 Shirts at ... .S1.90 $4.00 Shirts at. . . : .. -S2.40 $5.00 Silk Shirts at S3.40 $6.00 Silk Shirts at. . . -S3.90 $8.50 Silk Shirts at S6.15 ' t et ei-IBI eta and Other Famous Clothes Famous Styleplus Clothes, best value in America at $17 Bankrupt price . . $10.85 $25 Stein-Bloch Suits at $13.85 $30 Stein-Bloch Suits at $16.85 $35 Stein-Bloch Suits at..r 19.85 $40 Stein-Bloch Suits at. $22.85 $50 Stein - Bloch Full -Dress and Tuxedo Suits for only $28.85 Overcoats, Raincoats and Gabardines at Bankrupt Prices. $5 Stetson and Dunlap Hats$3.45 All of the $5 Stetson and Dun lap Hats, from Robinson & Co. 's Bankrupt stock. Soft and stiff blocks, now S3.45 $4.00 Stetson and Trim ble Hats S2.95 $3.00 Robinson & Co. Hats S1.95 $8.00 Dunlap Silk and Opera Hats S5.45 $10.00 Stetson Hats at S7.45 Pajamas, Night Shirts, Trousers, Full-Dress Vests, Gloves, Neckwear, Caps, Umbrellas, Handkerchiefs, Sweater Coats, Belts, Suspenders, Garters Allat Bankrupt Sacrifice. 50c Silk nr Socks,6Pair ) 1 I J Men's Silk Socks, in black,' tan and colors. Box 6 prs. SI. 75; pr. 30? Men's 25e Socks, 6 pairs 90c 15c Earl & Wilson Redman Collars Box of OneDoz. 85c 35 different styles all sizes. E. & W. Collars, dozen. ... .2.00 Arrow Collars, dozen 95 Underwear 50c Shirts or Drawers 30 $1.00 Union Suits for. ... .65 Sale at 'Robinson-& Co. Former Store Y eon Building Corner, Fifth and Alder FARRELL IS FREED Writ of Habeas Corpus Grant- "U" ed by Idaho Courts. TECHNICAL ERROR CAUSE By Pleading Exemption, as Wife, Officials Declare' They Can. Make Bigamy Charges Hold When Case Come Up for Trial. BOISE, Idaho. Aug. 8. (Special.) J. R. Farrell, of Payette, formerly of Denver, Col., arrested and bound over to the District. Court of Canyon County to stand trial on the charge of bigamy, and Mrs. Gertrude Farrell, No. 1, of Fort Lupton, Colo., held as a material witness against her husband, have been ordered released by the Supreme Court on a write of habeas corpus. The court .held ' that Mrs. Farrell could exercise the exemption right not to testily against her husband. She left. Idaho for her Colorado home. Farrell owes his release to the fact that Otto F. Thum, -of Colorado, au thorized to issue a marriage certificate, failed to sign his own name to the certified copy of the marriage certifi cate Issued at Denver in 1907. when Farrell was married to Mrs. Farrell No. 1. The certified copy was In regu lation form, but was issued by a deputy who signed Otto F. Thum's name in typewriting. The court ordered Farrell released from custody today. Canyon County officials expect to be. able to hold him on the bigamy charge. The case has excited much curiosity. Farrell came to Idaho from Fort Lup ton. Colo., last October. On March SO, 1913, he was married 'to Miss Frances I. Richardson. Two weeks after his second marriage, Farrell disappeared. Clothing? found on the banks of the Payette River led the authorities to believe Farrell had been drowned. The river was dragged to bring up the body, but proved fruitless. A month later Farrell appeared at the home of Mrs. Farrell No. 2. Mrs. Farrell No. 1 had, however, read the account of her hus band's death and she hurried from Col orado" to Idaho. She arrived at Payette where she made herself known. Know ing that Farrell had married there re cently, the authorities became sus picious and arrested him on the charge of bigamy. Shortly after her husband's arrest, Mrs. Farrell No. 1 started back to her Colorado home. She knew of her hus band's second marriage. Wishing to hold - her asv a material witness, al though she refused to testify against the ma n who deserted her and married again, the officers removed Mrs. Farrell No. 1 from an east-bound train, took hor beiore a Justice and had her bound over to appear in the District Court under a $600 bond. x Mrs. Farrell No. 2 has not figured in tne litigation. sue claims Kan-ell as her husband, despite the fact he has a legal wife. She Is on friendly terms with Mrs. Farrell No. 1 and Is the daughter of a highly respected rancher in the Payette Valley. She refuses also to testify against Farrell. By exer cising the exemption right under the Idaho statute of a wife to refuse to testify against her husband, Mrs. Far rell No. 1 admits that she is the wife of Farrell. Salmon Creek Survey Being Made. TOLEDO. Wash.. Aug. 8. (Special.' Surveyors are engaged making a sur- TRnlHS BUN IN NOVEMBER PKESIDEXT STRAHORS SAYS JANUARY IS LIMIT SET. Head of Portland, Eugene & Eastern Road Assures JTewberg Resi dents Cars Due Soon. NEWBERG, Or.. 'Aug. 8. (Special.) A committee from the Newberg Com mercial Club, consisting of President Wharton, Mayor Gordon, E. E. Goff, Clarence Butt and Jesse Edwards, had an Interview by appointment yesterday with President Strahorn. of the Port land, Eugene & Eastern, at his office in Portland, in regard to the operation oi ne line ox nis company to New berg. It is expected that the big bridge across the Willamette will be com pleted by Christmas and the committee suggested to Mr. Strahorn that, as it was the intention to have here the big gest celebration ever held, in Yamhill County' when the first Portland, Eu gene Bn Eastern train rolls into berg, it would, be v gratifying till to the citizen of Newberg If there could be a joint celebration of that event with the completion of the bridge. - Replying to this, Mr. Strahorn said that if the plans of the company do not miscarry, the first train of elec tric cars on his line would enter New berg by November 1 and he assured his visitors that January 1 at the farthest would see the line In full operation. He said that 100 cars for use on this line were on their way from the shops In the East and were now within the borders of the state; that all of the money required had been appropriated and that the line would have been in operation from Portland to Eugene long ago had it not been for the mer ger proceedings relative to the South ern Pacific and the Union Pacific in stituted by the Government and which but recently had been adjusted. vey of the proposed railroad up Salmon Creek. The work was started at the rock quarry on the Northern Paciflo across the river from Olequa. Tha line runs toward Toledo. The general impression Is that the road will cross Salmon Creek near the Graf fenberger place, skirt Layton Prairie and follow Salmon Creek to the upper country. The proposed road will enter one of the finest belts of timber in Southwest Washington and. aid in development of a vast area of rich country. Loggers' Expected to Fight Tax. ABERDEEN, Wash., Aug. 8. (Spe cial.) While yesterday was, loggers day before the County Board of Equal ization, no one appeared, and it Is be lieved all are waiting for August 15. which Is the date set for appearance by counsel of about 20 leading firms. It is known that the loggers think the valuation placed on their holdings too high and that they will not submit to the present Imposition of taxes without a figh . It TGUgil strong wtiisKey irarns "voof moniix i gags yoiiwiien yon swallow it what will it do to if yooir st Cyrus Noble mild and pure W. J. Van Schuyver & Co., General Agents Portland, Oregon J