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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 19, 1918)
TIIE MORNING OREGONIAN, TUESDAY, NOVEMBER 19, 1918. IN DEATH'S SHADOW 5 U. S. Supreme Court Refuses I to Review Case. EXECUTION DATE DEC. 13 12? Only Mope -'ovr Is Action by Gover nor of California Convict Hm Xothinjr to Say. 6 more m is If 1 T WASHINGTON. Not. 18. The Su preme Court refused today to review tha rasa of Thomas J. Mooney, labor 2 leader, under sentence to die December " 13 for murder In connection with . bomb explosion two years ago in San - Francisco. - In asklna- the Supreme Court to re 7 view his case, Mooney charged that his - conviction had been obtained tnrougn " fraud on the cart of the District Attor 1 ney. who had made use of perjured tes- - timony. This fraud waa not discovered ' ha claimed, until after his conviction, but efforts to obtain a new trial failed. Co art Makes Commeat. In acting- on Mooney's petition today - the court merely announced its decision through Chief Justice White, without comment. The case has attracted country-wide - attention. In response to appeals for - vi. influence. President Wilson twice T. ha telezraDhed the Governor of Call fornla sua-?estine that clemency be '.. considered. SAN FRANCISCO. Nov. "The last prop Is knocked from under Mooney, - with the exception of possible action by " Governor Stephens." Attorney tdwln v. ." McKenzie. of counsel for Thomas J. Jlooney, said here today when advised Z. tbat Mooney's appeal to the United States Supreme Court bad been denied. Ca art's Aetloa 3f Sarprlse. 7 "Wa expected a denial from the Su " preme Court, but it waa up to us to exhaust every possible means of get- tins new trial for Mooney. aicis-en aie said. Maxwell McNutt, counsel of record I for Mooney. presented the appeal to the Supreme Court on October 2S. Mooney is In "death row." in the San . Quentln State Penitentiary, awaiting execution. i The action today followed repeated - efforts to have the Supreme Court of the state reverse the judgment of death " against Mooney on the ground that he 1 had been convicted by misfeasance and malfeasance practiced by the District T Attorney and the police department of San, Francisco. ComaaOB Law Appeal Falls. On March 1. 191S, the Supreme Court - denied Mooney's main appeal for a new ' trial based on the ground of .reversible error. A later appeal to the common law waa denied July 22, 1918, two years to the day after the explosion. Mooney's case waa finished In the state courts definitely when his appll- cation for & writ of error waa denied on September It. The appeal to the 1 United States Supreme Court waa then prepared. - Mooney's case early assumed Inter- national aspects. Previous to the ar " rest of the Mooneys, Warren K. BIN " lings. Israel Weinberg, Edward D. No- lan and Mrs. Belle Lavin had been ar- rested. Mrs. Lavin was liberated. Billings was convicted and sentenced a to life Imprisonment.' Mrs. Mooney and Weinberg were acquitted of one - of the chargea against them, but await 2 trial on other charges. Nolan has sot m been tried. Z Alexander Berksaaa Involved'. While the trials were progressing, Alexander Berkman, co-worker of J Kmroa Goldman, was Indicted as an accomplice in the bomb murders. His extradition was refused by the New York authorities. Mooney was convicted of the murder of Mrs. Myrtle Irene Van Loo, of Mer- ced. Cat., one of the 10 persons killed in the explosion. Forty were Injured. . Mooney was arrested with his wife, Mrs. Rena Herman Mooney, at Guerne ; ville. CaL. July 27. 1916, while they were on their way to surrender them' selves. His trial lasted from Janu- ary 3 until February 10. 1917. when he was convicted. He appealed at once. . w Trial Is Denied. On September 11. 1917, a "consent to a new trial filed by U. & Webb. Attorney-General of the atate, waa de . nied by the Supreme Court. This "con J sent" was predicated on evidence ae- cured by the defense counsel that ' Mooney had been convicted as the re suit of alleged perjury practiced by ; rank C Oxman. a Durkee, Or., cat i tleman, and three other witnesses. Ox J man was tried for alleged attempted . subornation of perjury and acquitted. - On July 17. 1313. Mooney waa taken . from the County Jail here to "death row" at San Quentln. after having been Incarcerated continuously since his arrest. The original date of ex ecu . tion having been held up by appeal, Mooney bid been resentenced to die on EAT A TABLET! Tape's Diapepsin Instantly Re lieves Sour, Gassy or Acid Stomachs. When meals hit back and your atom ach is sour. acid, gassy, or you feel full ana Dioated. ben you have heavy lumps oi pain or neadacne from lndl gestlon. Here is Instant relief! Just as soon as you eat a tablet or two of Pape's Diapepsin all the dyspep sia. Indigestion and stomach distress ends. These pleasant, harmless tablets of rape s Diapepsin never fall to make upset stomachs feel fine at once, and they cost very little at drug stores. Adv. OLD-TIME COLD CURE DRIXK TEA! Get a small package of Hamburg Breast Tea at any pharmacy. Take a tablespoonful of this hamburg tea, put a cup of boiling water upon It. pour through a sieve and drink a teacupful at any time. It is the most effective way to break a cold and cure grip, as It opens the pores, relieving congestion. Also loosens the bowels, thus breaking cold at once. It Is Inexpensive and entirely vege table, therefore harmless. Adv. A VI ta- A.l-,-iLi - fawaaaia 'ii ii run imin' i . Xtozothy ?ishJm-B&tttirzg.J3ne' ' at thePeopksThraier TODAY'S FILM FEATURES. Sunset Charlie Chaplin, "The New Janitor.-" Liberty Marguerite Clark, "Out of a Clear Sky." Star "Crashing Through to Ber lin." or "Why the Allies Won." Majestic Alice Brady, "Woman and Wife." Columbia Shirley Mason and Ernest Truex. "Come On In." Peoples Dorothy Gish, "Battling Jane." Globe Mary Pickford. "The Eagle's Mate." Circle Elsie Ferguson, "Barbary Sheep." i Celebration Delays Picture. TpvATRIOTISM broke up work at the l ' Thomas H. Ince studios the Mon day morning peace was declared. Actors had been called to shoot scenes for a Charles Ray picture showing a baseball precession and a country band in a hick town. All were In make-up ready for work when Mr. Ince drove Into the studio with a cheer. There was rousing response and then the pa rade that was ready for the picture started on a tour of Los Angeles. Artists caught the spirit. The goat that had been secured for the picture was labeled "The Kaiser's Goat." The ide curtains of a big truck were dropped and decorated with cartoons. One showed the Kaiser blown into the lr with his throne and crown flying to the sky. On the other side was pictured the Kaiser In Holland and with bayo nets pointing at him from all other dl rections. rne caption oi this was Where Will He Go From Here?" On the rear of the wagon was painted End of Story Fade Out en Bill and No Clinch." A German flag was dragged In the dirt behind on automobile. On an other truck was the band and three girls, one holding a French, another an English, and a third an American flag. automobiles rode Mr. Ince and his lrectors. Charles Ray and Dorothy Dalton also rode in machines. About 200 players in costume arched In the procession, some carry- lgn brooms, others lanterns labeled 'Looking for the Kaiser," and nearly every one blowing horns. As the play ers returned to the studio, they gave three rousing cheers for Thomas H. Ince and peace. Kitty Gordon Stays by Film. Kitty Gordon, despite all of the per sistent rumors that she was going to turn her Justly celebrated back upon motion pictures, is going to do no such thing, according to latest advices. It is true that she completed her con tract with the World Corporation, but It was only to form a company of her own, which will be called Kitty Gor don pictures. The announced Intention August 23, when the common law ac tion was denied by the trial court. Gavernor leauea Reprieve. On July 27 he was reprieved until December 13 by Governor Stephens. SAS QUENTIN, CaL. Nov. lg. "1 have nothing to say," was Thomas J. Mooney's only comment when Warden James J. Johnson waited on him In his cell in the State Penitentiary here and told him that his appeal seeking a re versal of his murder conviction had been denied by the United States Su preme Court. SACRAMENTO, Cal., Nov. M-There was no indication here today of what further action, if any. Governor Will lam D. Stephens will take in the case of Thomas J. Mooney, whose application for a review of his case was denied to day by the Unltejt States Supreme Court. CONSUMER NOT AFFECTED SUBSTITUTES TO BE BOUGHT FROM DEALERS, MILLS. Food Administration Urges Owners to Use Stocks on Hand; Details of Baying Plan Not Announced. Details of the Grain Corporation's plans for purchasing flour substitutes from dealers and bakers have not yet been made known to the Federal food dministration of Oregon. The fol lowing was issued by the administra tion yesterday: "It Is perfectly clear, however, from the telegrams that have been received, that the plans apply only to the stocks of substitutes In the hands of mills. bakers and dealers, and do not contem plate the purchase by the Government of any stocks that are in the hands of consumers. Such stocks were acquired by the consumer as a necessary war measure, and in any case cannot be of very large propbrllona. It is incon ceivable that any consumer should re gret having the small amount on hand. Consumers having substitutes 'should cheerfully and uncomplainingly use them until they have been consumed and not expect their dealers to take back these substitutes. These small and broken" stocks cannot be handled conveniently or practically, and should be used as a war measure by the con sumer having them on hand. There is no obligation on the part of the dealer to take back Into their own stocks sub stitutes that have been sold to con sumers. The bulletin Issued by. the Grain of the new organization Is to "provide the luxurious charm and regal grace Kitty Gordon with worthy pictorial set tings." Miss Gordon Is to appear in six featurea a year, all of them to be written for her by Wilson Mizner. one of the wittiest and most adroit of Broadway's playwrights. Mahlon Ham ilton, who played leads for Madame Petrova in several pictures is to be I Miss Gordon's leading man. Word comes from New York that "Shoulder Arms," the picture in which Charlie Chaplin is starring, has taken New York by storm. Harold Ebel, late manager of the Strand. Broadway's big pre-release theater, - announced that. "By press and public demand, 'Shoulder Arms' will be continued for another week. This is the first time in the his tory of the Strand Theater that any subject has been shown for more than one week." It has been announced that "Shoulder Arms" will be shown in this city In the near future. Screen Gossip. Charles Ray has purchased a new car. He feels that he Is entitled to a few comfortable spins after working for three weeks In a picture In which he had to drive a homemade auto which was christened "Greased Lightning," and in tha words of the actor, "rode like thunder." a a Dorothy Dalton has Just purchased a new Boston Bull terrier with which she expects to carry away high honors at all the Kennel shows In America. The canine has been named Honey Blossom and is now eight months old. The pup is a beautiful type. - Rexie I Jane, a two and one-half-year-old ter rier, also owned by Miss Dalton, baa I won six bench shows ivazimova. who nas terua wont on I the screen version of her well-known play, "Ception Shoals", has been granted permission by the Government I to take many of the scenes at a light house on the Maine Coast. a One of the attractive features in Lady Frederick, starring Ethel Bar- rymore. Is the magnificent salon of I a gambling casino, copied from pictures I taken from a resort in Europe. a a a May Allison plays a girl from the South In "Kate of Kentucky." As this beautiful young star Is a Southerner herself, she is thoroughly at home in these roles. a a a Harold Bell Wright, who organized producing company in order that his works might be Immortalized in film to his satisfaction, is to commence the I work of their picturizatlon Imme diately. The first picture to be taken will be "The Shepherd of the Hills," to be followed by "The Calling of Dan Mathews." George McDanlel, who has appeared In a number of leading roles with Lanky, Is to appear In tha leading role of the first subject, and a com petent cast will support him. Corporation to the millers Intimated that stocks taken over by the Grain Corporation would be paid for. not on the basis of domestic prices, but on the basis of export prices, but beyond this Information this office is absolutely wunout any advices.' EDITOR IS CALLED EAST E. E. Fa vino, of Western Fanner, to Attend Agricultural Conference A telegram from David Houston, Secretary of the United States Depart ment of Agriculture, received Saturday called E. E. Favllle, editor of Western Farmer, to Washington, D. C. A con ference of the prominent farm paper editors of the United Stater will be held tomorrow to consider the agricul tural situation of the present and the problems of the reconstruction period. This conference emphasizes the fact that the ending of the war has not solved the agricultural and food prob lems. This country not only has to concern itself with the feeding of our own soldiers aDroad and their allies, but the suffering nations of all Eu rope that have been affected by the war and now find themselves in a state or turmoil and unrest, with industries disorganized, farms razed of their en tire equipment and with their man power in many cases sacrificed to the great conflict. LABOR ORDER RESCINDED Recruiting of Men From Non-Essen- Ual Industries to Cease. The chairmen of the five community labor boards or Portland held a meet- Ing yesterday at the Courthouse. R. L. Sabin Xhfl IT.tMkan 1 T T T- 11 I B. S. Huntington and A H. Averill were present. Wilfred F. Smith, Federal di rector of the United States Employment Service, and E. J. Stack, member of the State Advisory Board, also at tended. Director Smith read a telegram from the Department of Labor, Washing ton, D. C, stating: "Cease efforts to secure men from non-essential Indus try." It- u. Sabin suggested that the boards should continue as organized bodies, but to cease official activities until further Instructions. Questionnaires sent ont by commu nity labor boards during the past month need not be filled out, it was stated. Women in England do from 60 'to 70 per cent, of all the machine work on shells, fuses and trench 'warfare sud- plies. of I - I I I I Don't Sell Your JEWELERS AND DENTISTS RE LIEVED OF RESTRICTIONS. Special Order and Repair Work Af fected Plate Order Is Ex pected Soon. Restrictions on platinum special or der and repair work have been removed by the Government, and the restriction on platinum plate is expected to be re moved within the next few months. This was the message brought by David Schwab of the New Tork firm, Davidson and Schwab, Inc., well known in the banking world. Mr. David9on, partner of Mr. Schwab, is a member of the platinum section of the United States war industry board. It is from him that Mr. Schwab has learned of the removal of platinum restrictions to which jewelers of this country have submitted with much injury to their business interests that the war might be better waged by the United States and the Allies. "When Germany entered Russia it cut off the platinum supply located In the Ural mountains, said Mr. Schwab Platinum is necessary for scientific work, for dental work and for automo biles, and these in war time are con sidered much more necessary than jew- elery. So platinum factories have been closed for more than a year, and the recent removals will bring back from 15,000 to 20,000 persons to their places in those factories. Platinum is not a fad. For 30 years it has been used almost exclusively In Russia for rare jewelry, but it was not until about 14 years ago that Paris began to use it extensively. Once adopted by Paris, American jewelers began to realize it was the only metal for exquisite and rare jewels. Now it is being bought and sold, not only by 1 mi . rt Ill ASSES I hat JlPfVP w w w When you buy STORE GLASSES you buy M K R C H A NDISK. When you have your Elapses fitted by a SFKCIALIST, you get something more than VIS ION GLASSES you get SERVICE GLASSES, Wear glasses that save your eyes Instead of those that insidiously ruin them. FIFTH AND WASHINGTON STREETS, OOS-509 SVEIXA.D SLUG, BJlXfliAifii ELECTING giving them extreme care in preparation, packing them properly all would be effort wasted, if the products did not reach you in good condition. To distribute perishable foods requires skill and highly specialized equipment This is the reason Armour has a Branch House here. It is a part of the food-distributing machinery no less important in its way than the producing plant and the refrigerator car are in theirs. While most of the Armour Branch Houses are cooled by ice or mechanical refrigera tion, they are not "cold-storage" houses. They simply hold in first-class condition the stocks necessary for local distribution for a limited time. The space in the average Armour Branch House permits only about ten days supply. For every carload of goods shipped in, therefore, there must be equal consumption here. Few butchers care to stock more than two days' supply of meat. But ' the Armour Branch House prevents a shortage between Liberty Bonds-They're the Best Investment on Earth the exclusive jeweler, but also by those with medium capital." Mr. Schwab arrived in Portland yes terday morning, and is spending a few days in the city conferring with Albert Feldenheimer. He is a guest at tn Benson HoteL BOOTLEGGERS SAY GUILT Two of Notorious Ring Sentenced 2 78 Quarts of Whisky Seized BAKER, Or., Nov. 18. (Special.) Harry Newton and Jake Decker, mem bers of a notorious local bootlegging ring, pleaded guilty in Justice Court today to the charge of possessing In toxlcatlng liquor. Each was fined $300 and sentenced to 60 days in the County Jail. Two other members of the ring, Ed "I Couldn't Do Without it " say all the women whs navs ua4 the APEX ELECTRIC i Washing Machine Buy it on easy terms- Hks la unary. 4 k v - J.C.EEglishCo. BTsrytWsg OEIeetrleal ' Jit rtftfe.-tjBecoad JTleor wean..MftErfaa asd.AK. the choicest arrival of trains, and gives supply as they want it And it gives it to them in perfect condition. Retailers do not have to depend upon way freight or express shipments upon the handling of burlap and paper-wrapped meats by careless or untrained men. Out of our temperature-regulated storerooms into the butcher's refrigerator, is the Armour plan, , You win readily see the Armour Branch House is more than merely a convenience to dealers. It safeguards quality, insures a regular supply for you, and provides a cer tain outlet for the American farmer's yield. And now, with foods on a war basis with more than one-third of Armour's entire production going to feed our fighters this necessary work of the Branch House be comes increasingly important James F. Furlong, Jr. Manager Portland Branch House Telephone Broadway 1380. Newton, popularly known here as "king of the bootleggers," and his brother, Henry Newton, have not been arraigned. In catching these men county and SUFFERED 30 YEARS, SHE SAYS "III Praise Tanlac The Longest Day I Live," Says Mrs. Bobbins. "Talking about things that help peo pie," said Mrs. P. H. Robbins. of 1449 South Fourteenth street, Omaha, Neb. in an Interview, recently, "Tanlao doing more good than any medicine have ever known in my time, and I'm now past 60 yearn of age. "In 1889, nearly 36 years ago no she continued, "when lagrippe first came along and so many people were having It, I had an attack of It my self and have had it In some form or other from once to twice a '.ear ever since. The first spell left me In badlv weakened condition and I would no sooner recover from one attack than T wnnM be nulled down again. The Hortom at that time called it 'rheumat ic grippe' and I had aches and pains all through my body, in all my limbs and miisrles. Three vears aeo I had one of these spells, which was so sev tha.t thev took me to the hospital, am nearly died. I had the worse headaches it Kni3 anvona could have and I was hdiv run down and frightfully weak couldn't sleep well ior an tnose ou vir. Mv aoDeuto was puor, i iui v pounds in weight and Just had to drag mvaiiif p round. I was hardly ever without aome kind of an ache or pain and the past Spring I was in such a bad ti-r that we couldn't keep house, so I went to my daughters. My husband went to boarding and where he boarded ha hpard of a remarkable case like mine, that had been relieved by Tanlac. "Then he went straigni to onenna.ii & McConnell's drug store and got two hottlps. one for me and one for bimself, as he was In very bad health, too. Well, I showed some improvement on the first bottle and kept on getting better slowly. My appetite came gradually. and my strength . came back a little each day. My aches and pains wore away and I got to sleeping oeiter. When we would see one bottle getting low we would hurry to get another and ince I finished my sixtn Dottle lm feeling better and more like myseii than I have in years. With all the sickness and 'Flu' epidemic that's going over the country I'm feeling stronger and better than I ever did. We are keeping house again now, and I eat well, sleep well, do all my housework and feel fine all the time. I am taking Tanlac with the Tanlac Tablets again now to keepin shape for the winter. It certainly Is a blessing to humanity and has done so much for my husband and me that I will praise it the longest day live." Tanlac is sold In Portland by the Owl Drug Co. Adv. . foods, them their city officers confiscated whisky. 278 quarts of Musterole Loosens Up Those Stiff Joints Drives Out Pain Youll know why thousands use MusJ terole once you experience the glad rc lief it gives. Get a jar at once from the nearest drug store. It is a clean, white ointment; made with the oil of mustard. Better than a mustard plaster and does not blister. Brings ease and comfort whila it is being rubbed on! Musterole is recommended by many' doctors and nurses. Millions of jars are used annually for bronchitis, croup, suff neck, asthma, neuralgia, pleurisy, rheu matism, lumbago, pains and aches of tha back or joints, sprains, sore muscles, bruises, chilblains, frosted feet; colds of the chest (it often prevents pneumonia). 30c and ouc jars; Hospital sue SISTER HELPED HER BROTHER i Mr. George Schlllo, 6206 Pear avenue, Cleveland, writes: "I am J i glad I was recommended to your 1 medicine. I was pretty well ruu- , down, nervous and loss of ambt- a ' tion, felt tired at all times, could ' not sleep, and had loss of appe- tite, felt weak and trembled from weakness. I find your Cadomene Tablets are helping me very much. I was writing to my sis- ter about my rundown condition. She advised me to take Cadomene, a as she had been as bad off as my- self. Cadomene built her nerves up and restored her health. I am more than thankful I received her advice." Sold by druggists everywhere. Adv. Rrftfe- tssrirSl mm