Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 4, 1913)
TITE JrOTtNTN-G OI?EGONIAX TTTFSDAY, NOVEMBER 4, 1913. JURY-IN VON . KLEIN CASE IS LOCKED UP Defense Offers No Testimony In Second Trial of Alleged Swindler. RULING FAVORS PRISONER Court "Sustains ObJcctl6n of Coan 6cl to Introduction of Alleged Admission of Client's Previ ous Presence In City. After deliberating more than an hour last night, Oie Jury In the case of E. E. C. Von Klein, charged with swin dling Mls Ethel Newcomb out of more than $3000 and then deserting her after their marriage, was locked up for the night The Jury retired at 10:30 o'clock, a night session having been held to enable the attorneys to com plete their arguments . and give the case to the Jury before the holiday today. No witnesses were called to the stand yesterday by the attorney for von Klein and he rested his case when all the state's testimony had been brought In. In the former trial of von Klein, the defense brought for ward no witnesses, but rested Its case on the testimony of the prosecution. The large part of the sessions yes terday before Deputy District Attor ney Collier began his argument before the Jury at 4:30, dragged along with Attorney TV. T. Hume, for the defense, taking exceptions at every opportun ity. Three or four times during the day, the Jury was sent out of the room so that the attorneys might discuss doubtful points in their absence. One of these occasions was when Deputy Dlstrlot Attorney Magulre prepared to ffer as evidence the statements made by Mr. Hume In the previous trial, which,- he declared, were directly op posite to the defense outlined, in the present trial. Prertoo Admission Alleged. The previous defense outlined. It Is declared by the prosecution, was to admit that Von Klein had been In Portland under the name of Lewis, but to show that he had left the city legit imately, that he had taken nothing and that the measures to bring him back were due to the promptings of female Jealousy. In the present case the posi tion outlined had been that Von Klein was not In the city at the time desig nated In the previous trial. Mr. Hume declared that in the prevl. ous trial he had never made the state ment attributed to him and that If the court reporter had placed it on the record it was an error. He denied that the prosecution had any right to hold Von Klein responsible for the state ments of his attorneys. "Even if I did make such a state ment which I did not Is Von Klein to go to the penitentiary for any state ment made by me?" asked Mr. Hume fervidly. Objection Is Sustained. It seems to me," he continued, "that they are reaching out for rainbows, to try to hound this man to the peni tentiary." Mr. Maguire held that the admission made by the attorney In the presence of his client should. If no measure was taken by the client to correct It, be binding on the client. Judge Morrow, however, sustained the objections of Mr. Hume and the Jury was brought buck 10 continue the case without the Introduction of Hume's alleged previous statement. Judge Morrow, in making the ruling, said there was no question as to the accuracy of the record and that the point was purely a legal one. Mr. Collier, In presenting the argu ment for the state, pointed out that witness after witness had identified Von Klein positively as the George Lewis who had been registered in Portland In 1911 with the woman who afterward brought him to trial for the alleged theft of the diamonds. He re called that In the testimony it was shown that Von Klein had married the woman In San Francisco bigamously and that he had left her without fare well a few days later In Portland, and had been away from her for two years. He also called attention to the evi dence that her diamonds had disap peared at the same time Von Klein dis appeared, and clte'd the testimony of Detective Joe Day, that Von Klein had attempted to bribe him to let the mat ter drop in Chicago. The court declared- a recess at 5 o'clock In the afternoon and the argu ment of the defense was presented to the Jury In the evening at a session be ginning at 7:30.. MILLIONAIRE PACKER DIES Edward Morris Leaves Fortune Esti mated at $30,000,0-00. CHICAGO, Nov. 8. Edward ' Morris, president of Morris & Co., packers, died at his home here today after an illness of more than a year. Morris was born in Chicago 47 years ago and was the eldest son of the late Nelson Morris, pioneer packer. He suf fered a nervous breakdown about a year ago and was obliged to give up active business. He spent last Winter traveling in California in search of health. The wealth held by Edward Morris Is estimated at between S30.000.000 and J60.000.000. It Is said of Morris that It was his custom to contribute to charities each year an amount equal to the sum ex pended for members of his family. WARDEN HOYLE WILL QUIT San Quentin Prison Head Tires of Strife AVlth Board. BAN FRANCISCoTnov. 3. The resig nation of John Hoyle. warden of San Quentin Penitentary. will be presented to the State Board of Prison Directors at the next session Saturday and the Warden will request that it go Into im mediate effect. He Intends to enter the hotel business with his brother, James, in San Francisco. Friction with the State Board of Prison Directors over various matters of prison policy and administration led to Warden Hoyle's decision, though he has been looking for a chance to re turn to private life for some time. "A prison isn't a very cheerful place," he aid today. Willamlna Gets Through Tickets. SALEM, Or., Nov. 3. (Special.) The Portland. Eugene & Eastern Railroad has notified the Railroad Commission that It will sell through tickets Irom Willamlna to all points on Its lines and the Southern Pacific. Residents of the town complained that the company was not selling through tickets and the An Organization Is No Stronger Than Its "Weakest Link The directorate of the Columbia Life & Trust Co. represents the utmost in ability, conservatism and strength. "W. M. Ladd Theo. B. Wilcox Edward Cookingham S. P. Lockwood R. R. Ilodge C. J. Smith "Walter Mackay Holt C. "Wilson M. M. Johnson Isaac D. Hunt The Company of Satisfactory Policy Holders SPALDIXG BPlLDmO Commission was giving the complaint consideration. BUDGET PARTLY 0. I'D DEMANDS OP 8 DEP.4JRTSEENTS OF COfXTTY APPROVED. Expense Requests of Seven Others Held Over for Further Investi gation by Committee. Preliminary consideration of por tions of the 1914 county budget by the advisory committee last night resulted In the temporary approval of the de mands of eight departments of the county government and the expense requests of seven were held over for further investigation. Others were not considered but will be taken up at a meeting of the board today. The budgets for the following departments were approved, subject to revision: Public Library, $90,650 for salaries and f62.948.32 for supplies; Board of County Commissioners, $6300 salaries and 60S supplies; purchasing depart ment, 2400 salaries and 1200 sup plies; Assessor, $42,480 salaries and $5505 supplies; Auditor, $6360 salaries and $752.49 supplies; District courts. $15,160 salaries and $2475 supplies: Constable. $17,220 salaries and $1995 supplies, and Coroner, $7100 salaries and $400 supplies. Those departments whose requests were held up for further investigation are: County School Superintendent, Treasurer. Sheriff, Janitor, engine room. Courthouse, District Attorney and juvenile. Reports from Salem where the State Tax Commission has been in session are expected In a few days notifying Assessor Reed of the public service apportionment for Multnomah County. Before that arrives the advisory com mittee hopes to have the county budget in such shape that it may be reduced if necessary. "DRYS" AHEAD IN SALEM Prohibitionist Say Yesterday's Vote Indicates Victory Today. SALEM. Or Nov. 8. (Special.) The results today in the primaries for non partisan nominees for City Council, according to the Prohibitionists, Indi cate that the city will go dry at the local option election tomorrow. It is declared that four out of seven wards had nominated men who are opposed to the licensed saloon. Several of the nominees having received a majority of all the votes cast, will be declared elected, while those loading in the oth er wards will be voted upon at the December election. Efforts to recall Councilmen Stolz and Hatch failed by a large majority. The results in six wards follow: First J. N. Hoover, 135; William Me Qilchrist. Jr., 94; A. T. Moffatt, 29; S. M. Endicott, 7; Q. G. Brown, 6. Second Florlan Von Eschen. 302; Charles Dick. 257. Third Clifford Brown. 104; Walter Spauldlng, 97; James R. Neer, 85; Frank W. Kelly, 76. Fifth Levi McCracken, 881; Theo dore Roth, 77. Sixth J. McClelland. 223; W. II. Dahlrymple, 109; D. M. Brown, 95; O. G. Tooker, 34. Seventh E. O. Presnell, 277; J. D. Warring, 146; N. D. Elliott, 4. THE wonderful success of our Ladies' Coat Department is due in a large measure to the fact that the stocks have not been al lowed to become depleted. You'll find here today more coats than you would have found six weeks ago, but they're not the same coats. New fabrics new models new combina tions of color tones, making it a pleasure to select where there is so much from which to choose. Weaves that are worth while modes that are in good taste all are worthily repre sented in this collection. There's economy in price as well; garments that are tailored in the best of styles at $15, $18.50, $20, $22.50, $25, $270, $30 and , upwards. cliim hi P, SA t ir Hint SM& The ladies' store occupies the entire third floor; it is perfectly lighted by windows and skylights allowing all fabrics to be seen in their true colors. You are courteously invited to visit this splendid apparel exhibit. BEN SELLING 1 Morrison Street at Fourth IBflfcW HOTELS lraT EX-BELLBOY ON STAND HEXXIJTG TESTIFIES DONAHOE DREW HIM INTO PLOT. Witness Says He Got Money for In volving ex-Manager of Harvester Company in Alienation Salt. CHICAGO, Nov. 3. John C. Kenning. a former bellboy, testified today at the trial of Attorney Daniel Donaboe and Isaac Stlefel, charged with conspiracy to defame Clarence S. Funk, former manager of the International Harvester Company, that he had been induced by Donahoe to bring suit charging Funk with having alienated his wife's affec tions on Donahoe's promise that noth ing ever would come of the suit and that he would be well taken care of. Mrs. Hennlng, who was excused from the witness stand last week because of illness, was cross-examined by the defense today and denied she ever had told Donahoe she had gone riding and to hotels with Funk and that Funk had given her money. She said she never had seen Funk until she con fronted him in court 10 days ago. Hennlng told on the stand of his first meeting with Donahoe in 1911 after his wife had been introduced to the attor ney by Miss Alleen Happner. Hennlng said: "When I saw Donahoe the first thing he asked me was if I knew Clarence S. Funk. I said no and he said: 'Well, there are certain parties who want to bring a suit against Mr. Funk. The Interested parties have told me that you and Mrs. Hennlng will be well taken care of as long as you live. You will never need to worry any more.' He gave me $150. I think he also gave my wife some money and the tickets to the theaters. "Three days later he gave me a state ment to sign." 'What was the statement?" "Well, I was the plaintiff in a suit against Mr. Funk, charging him with the alienation of my wife's affections." The witness said he saw Donahoe three days later and the attorney ad vised him to get out of town because the reporters would be hounding them. Donahoe bought the ticket to Mobilo for him and gave him $200. BAR R ATT O'HARA IS "HOBO" Illinois Lieutenant-Governor Admits H Was "Down and Out." CHICAGO, Nov. 3. Barratt O'Hara,' Lieutenant-Governor of Illinois, is a hobo. It became known yesterday, when E. Jeff Davis, president of the eratlon of Labor. Later O'Hara ad mitted it and announced that he is proud of the connection. "I met the Lieutenant-Governor at a ball," said the king of the hobos, "and he told me that once he had been down and out. I told him that enti tled him to membership and I pledged him. The Lieutenant-Governor was given a number, a road sign and a badge, but he will be expected to make at 'least one trip on his own resources before he will be regarded as a real 'Bo.' " "Yes. I joined the Hobos." said O'Hara. "I took the oath, although I never expect to ride in a side-door Pullman." Pavlowa Opens Second Tour. ... NEW YORK, Nov. 3. Madame Pav lowa, the Russian dancer, and her com pany formally opened their second American season with a performance at the Metropolitan Opera-House to night after an absence in Europe of three years. Novikoff, Zalich and Ceceihetti were the three men dancers who appeared as principals with the danseuse. Premier to Have Outln" NEW YORK, Nov. 3. Robert Laird Borden, premier of Canada, and Mrs. Borden, who have been spending a few days in New York, will leave tomorrow National Hobo Union, reported theVa., where they will spend the re fact at a meeting of the Chicago Fed- I mainder of the month. UNION FOR WORKMEN'S ACT Compensation Bill's Principle Is Sound, Say Engineers. Local 87 of the International Union of .Steam and Operating Engineers, at a meeting Saturday discussed the work men's compensation act. going into all the different features of the act. The consensus of opinion was that the com pensation, while greater than that pro vided in the Washington act, should be more. The principle of the act is sound, and a good foundation to build on In the future, speakers asserted. The first-aid feature of the bill strongly appealed to all present, and they were enthusiastic for its passage Tuesday. Resolutions passed denounced as false and misleading the "paid ad vertisement" appearing in the dally press regarding the workmen's com pensation act. The resolutions declared: "This law will give the worklngmen more, but the liability Insurance com panies less. . It protects the workman, his wife and children. Worklngmen generally are in favor of the measure. "We unhesitatingly indorse the law and ask all home-loving worklngmen and women to vote 308 X, "Yes." Three Street Speakers Arrested. Braving the rain that fell persistently at Sixth and Alder streets last night. John Schalner, Charles Glbb and W. F. Lash el la were arrested on a charge of violating a traffic ordinance when they attempted to speak from the forbidden Intersection. E. I. Chamberlain was arrested for disorderly conduct. The United States exported 82.000,000 gal lons of gasoline la the XisuaU rear ending with Juuo, nterlinking Talking Circles EEACH Bell telephone is the center of a talking circle, to which there are no arbitrary boundaries within the limits of speech transmission. Each central office is a clearing-house for telephone talk extending far beyond it3 own system. , Universal communication means not only intercommunication between subscribers in the same exchange system, and' with those in other exchange systems, but also long distance communication with each connected telephone in the Bell system within speaking distance. There are over 7,500,000 interconnecting Bell telephones, each an open , door for telephonic communication, uniting a nation of 92,000,000 people and promoting the happiness, the welfare and the prosperity of all. Every BELL TELEPHONE Is A Long Distance Station The Pacific Telephone and Telegraph Company The. most superbly ..jaled hotel in all America." Accommodations for 400 guests American plan. Famous the world over for its excellence in cuisine and thoroughness of service. Guests are extended every privilege at the fanrVius Virginia Country Club. 18-hola golf links; tennis; winter bathing; miles of macadamized boule vards. For folder and rates write Carl S. Stan-ley, manager. am i." .ill .11 !::; .a Ml mat AMI lit !!!!!!. hi mi BrMsr-i" EUROPEAN PLAN" OPEN DEO. 1. The new., perfectly appointed fireproof hotel; half block from Central Park; convenient to all stores, theaters, amuse ments. Tariff. Sl.oO. 2. X2.60. S3. S3. 60. (4 and $3. 555 beautifully furnished rooms with private bath. F. M. 1II1IM1CK. Leore and Manager. Hill at fourth St.. Los Angeles, Cat. LOS ANGELES. CAL HOTEL nfc Hollywood Hollywood, Jjob Anffe.es, Cal., Midway between city and ocean. Kq uable, warm, dry Winter climate. y outdoor recreation. SpJftnd ne. Write for booklet and rati George S. Krom, manager. AT "THE SPOT BEAUTIFSJlTOF ALL SOUTHERN CALIFORNIA uuiuininr ocean, m oil nt Bin ann v Piey. rerpeiuai bprintime. Aioaeri. -vl hotel, open year around Tor those de-,-n mandlns refined surroundings. L'n- 3 i(utti.u s.i uskcbi ivata mill iliua FOR SAN DIEGO, CALIFOllNl.l First port of call and Exposition City. Our headquarters and banking connec tions are with The UNITED STATES NALONAL BANK "The Bank that Made Broadway." Broadway at 2d St. SAJf U1EOO, CAL. 3m SANTA n Aoc5.pjA CALIFORNIA. - "Only fireproof hotel in tha Mission t lty. tquable Winter climate. l ount:es outdoor sports and amuse ments. Famous for its cuisine. P. Dunn, manaarcr. 'Fift years ago, when Golden Wedding Whiskey was young.' I -fc.T.1 11 1 .1 ft. uie oiu uays tney man z root any "harder" for a crood one over the plate than they do. to-day when they see 4 I it a V lf--V .V.I going straight "home", where it scores to the satisfaction of both host and friends. You get a winner every time when you pick this - 11 . if i-i i - O J ------- wv fine, mellow, old whiskevthatis n'nenpH in the sunshine under strict government supervision, and made according to a special formula that has been handed down through generations. Golden Wedding is really "some whis key." It has the right "zip" because it is "Made Difierently" I STAMP I Full Quart Rah! Football U.of O.vs.O.AX. Saturday November 8 At Albany Rah I Game $3.10 A OsS 10 sun set X "V I t ROUTES I I S7- $3.10 VIA THE "The Exposition Line 1915" Join the Crowds Students, faculty and citizens from towns in the Willamette Valley will be there. Tickets good going Saturday For return Sunday or Monday Call at City Ticket Office, 80 Sixth St., Corner Oak, Union Depot or East Morrison Street John M. Scott, Gen'l Passenger Agent