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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 4, 1920)
THE MORNING OREGONIAX, THURSDAY, MARCH 4, 1920 PROOF OF OVERT ' AU HtLUIVllbW I. W. W. Declared to Have Failed to. Make Point. DEFENSE OFFER REJECTED Testimony as to Meetings in TVliicb Plans Arc Said to Have Been Made Against Reds Halted. (Continued From First Pase.) labor representative named Henry . called upon O. C. Bland, defendant, and told him of what had been talked of at the session. The witnesses by whom he declared he would prove the alleged conspiracy were named by Vanderveer as E. F. KVkland, Frank O'Day. Royal Eu banks and A. L. Dixon, all of Cen tralia. ' Mrs. R. B. Elmcndorff. Centralia, testified mat she ran into the alley when she beard shots. She en countered soldiers and asked them what the trouble was. One of them replied that the legionnaires were raiding the I. W. V. hall. "That was after the volley of shots that 4'ou heard?" queried Special iTosccutor AbeL Yes." A vivacious witness was Mrs. A. Martina of Centralia, whose home is at Second and D streets, with the rear of the residence facing the alley behind Ax Billy's place. Mrs. Martina testified that she and her two daugh ters watched the parade from an up per rear window, She testified that she had an unob structed view of the intersection of Second street and Tower avenue, and that , the head of the Centralia con tingent was not in sight when firing began. The firing followed the blow ing of a whistle by lieutenant Cromier, mounted on horseback, who was the only legionnaire in sight, testified the witness. She placed the horseman some distance north on Tower avenue, while other witnesses, irfcluding the defendant, Bert Bland, have sworn that he was at the street intersection when the first shots were fired. Ioluma Moss, 12, Centralia, testi fied that she visited the scene of the tragedy an hour after the shooting and that she saw spots of blood on the sidewalk before the I. W. W. hall. She was hot cross-examined. Overt Act ot Shonn. Thus far the defense has failed wholly to prove that Warren O. Grimm, for whose murder the ten I. W. W". defendants are on trial, committed any overt act against the radicals or was party to any con spiracy against them, ruled Judge Wilson at the close of the morning session when he denied the admissi bility of testimony relating to a con "versation Grimm is said to have had w-ith Willfam Dunning, a member of the Lewis county trades council. That the defense has produced more generalities relating to an alleged conspiracy, was the court's statement supplementary to the ruling, which decrees that no testimony or evidence regarding an alleged commercial con spiracy in Centralia against the I. W. W. may be submitted until Grimm's connection is clearly shown. Evidence of what took place at certain meet ) irigs, said the court, cannot be in troduced until Grimm's knowledge of such meetings or his presence thereat Is shown. "It is a question whether the evi dence introduced thus far has shown an overt act," said Judge Wilson. "The strongest evidence is that of Bray. The evidence of the two Cooks places the deceased in a different position, but does not in any sense place the deceased in a position within the definition of committing an overt act. o Plna to Harm Indicated. "The evidence of Bray, which was the most favorable offered by the defense, was that he saw a man whom he thought was Grimm near the hall. The evidence also is that Bray did not know Grimm. "There is nothing in his testimony "which places Grimm in attendance, or of even attempting to do anyone any harm, and this is giving the defense the benefit of the doubt. "The court is of the opinion that the evidence fails far short of being sufficient to show an overt act upon the part of Grimm. "The court did not mean to say that an overt act must be proved before evidence of a conspiracy could be shown, but knowledge or a conspir acy on the part of deceased must be shown before evidence of a conspiracy can be shown. You must first show the pre-concert and presence of Grimjn in a conspiracy. You must prove the identity of the alleged con spirators." The ruling came at noon a dis tinct victory for Special Prosecutor Cunningham of Centralia, who op posed George F. Vanderveer, I. W. W. counsel, in the involved legal argu ment regarding the admissibility of testiirony relating to alleged local conspiracies against the I. W. W. of entraua and their hall. mercial conspiracy in Centralia against the I. W. W. culminating in the Armistice day tragedy. "Shooting is justified in the defense of your home, when you are inside that home." said C. D. Cunningham (special prosecutor, in reply. "I be lieve that the defendants are entitled 'to the construction that the hall was their home, but that Is as far as this statute can go, and that -is as liberal an interpretation as can be placed upon it. "The law declares that killing in defense of others is justifiable when the slayer is in the presence of those in whose defense he shoots, and not otherwise. Counsel cannot contend, and does not, that the men on Semi nary hill, in the Hotel Arnold and the Avalon hotel were in the presence of the men in the I. W. W. hall. "So the men on the hill and in those hotels were not acting lawfully when they shot in defense of the men inside the hall, because they were not in their presence, or that they shot out of the building because they were not inside the building." Dismissing the phase of eelf-de- fense, Cunningham turned to the al leged proof regarding the commission of an overt act by Warrep O. Grimm in person. "We've proved deliberate murder or killing," he said. "They want to justify it on the ground of self-de fense. The burden of proof is upon them. The supreme court has said that you cannot kill a man simply be cause he has threatened you." Admitting-for the purpose of argu ment the most favorable construction that might be placed upon testimony relative to Grimm's presence during the alleged raid, Cunningham declared that no part in the raid could De at tributed to Grimm unless it was shown that the deceased himself had done something of hostile nature. What is there in the whole record he asked, "giving their proof the most favorable construction, which proves that Grimm committed an. overt act, ever made a move against the hall or toward carrying out any purported threats?" Grimm Mot Flared. Analyzing the testimony of Bray, now charged with perjury, the prose cutor showed that the witness had not testified positively that he saw Grimm receive his yound before the portal of the hall. He pointed out that cross-examination has developed the fact that "Dutch" Phitzer of Che- halis was wounded there. He drew attention, to Bray's testimony that the man he thought was Grimm stood with hisi back to the hall when hit by a bullet. As for the testimony of Jay and ay Cook, who swore positively that the head of the column rested exactly in front of the hall, whereas all other witnesses, both the state and de fctree.' have' placed it near the Inter section of Second stret and Tower avenue. Cunningham declared it to be of such a nature that neither court nor jury could give it- an instant's credence. Proof of Shooting: Cited. "But you can take as true, if your honor wants to," argued Cunningham, the testimony of the two Cooks, and t falls far short of providing an overt act, as did that of Bray. None of the defendants in the hall, in the Arnold nd the Avalon or on the hill, say that Grimm committed an overt act. 'You denied that there was any shooting from tslie Avalpn," said Cun- ingham, addressing Vanderveer, and you dared us to prove it. And did prove it. And we proved that rlmra was shot from the Avalon." In closing, Cunningham declared that the defense, before.it can con nect Warren O. Grimm with the act of uniformed men who may have rushed the hall, must first identify those men, tell who they were, and link Grimm definitely with- them in the alleged overt act. At the close of argument, and just prior to the noon adjournment Judge Wilson again ruled that the defense had failed in its attempt to prove Grimm's participancy in the alleged raid, or knowledge of plot, and held that proof of any purported conspir acy must not enter the records. SOVIET RMS SPLENDID STATE Lenine's Communist Rule Not Real Communism. necessarily productive of class di vision. - Already there is a slang term for the former the proletarian bour geoisie, they are called. It must not be supposed (that the soviet leaders spend much time in joy-riding or going to the theater. To my certain knowledge they are one of the hard est working groups of men and women in the world today. But it undoubtedly gives one furiously to think to see the lovely wife of Com rade So-and-So, resplendent in a set of superb sables and a bewitch ing toque that might ' have come straight from the Rue de la Paix, alighting from a glistening Rolls- Royce at the portals of the first hnn.n " r.T-rvt Aflir tViA fash. anBIW A . I mi.w mm 1 L ' ...... . ...... - - IVIUnitT UAIM BUT ANT I HHIU.lonabIe Hotel National. Class Distinctions Queer. Such a spectacle is the exception and not the rule, of course, but then exceptions sometimes become rules. Still more startling is an experience I had in one of the government de partments whither I went to lunch with an official who, not being a communist, likes to poke fun at the Soviet inconsistencies. Noticing that there were two mess halls, I asked why. "Well," he said, gravely, "the larger is for the common herd and the other is for the communists." I once re marked to a high foreign office func tionary that it was hard on Jacques Sadoul. the French captain who has turned bolshevik and has been con demned to death by a court martial in Paris, to be separated so long from his wife and children. "Why doesn't he bring them here then?" the communist queried. I said I "fancied one reason was that Sadoul hesitated to expose his family to the hardships of Moscow life. Equality of Material Possessions Is Jf o n-E listen t Proletarian. "Bonrffeoise" Fast Developing. (Continued From First Pase hare equitably in the national wealth all productive entemrises. including the land, are, in principle, national ized; that is. become the property of the state. Neither private ownership nor money as a medium of labor com pensation, however, has been abol ished, and with either in existence communism is obviously an impossi bility. All that the revolution has sought to do up to the present is to con trol both, without any considerable measure of success. . For while capi talism in the larger sense of the term has been destroyed, together with private ownership on a large scale, capital continues to be accumulated and to make its influence felt. One man may still possess more than an other in worldly goods and receive higher pay for his work. Equality of material possessions is as non-existent in the Russian social republic as it is in the American "bourgeois" republic. s,e"r Aristocracies Bcrinning. Hence there are coming into ex istence new groupings of Russian pop ulations new linea of economic de marcation, new forms of social stand ing and of wealth. The beginning of iwo new aristocracies are detectible. une is found in the governmental nierarcny, the other in the ever-increasing speculator class. Each is de pendent upon the other, for specula tors can operate only with the tacit consent of the Soviets and the cnvwta lor the moment, at least, cannot do without the speculators (which means an persons engaged in private trad ing). Governmental aristocracy has its Doots imbedded in the Kremlin mat ancient Moscow citadel mil nf which there grew the far-flung might wi ipe nomanoiraynasty. in boviet Russia today one speaks vi me jvremun as one SDoke nf Ver sailles in the magnificent days of Louis XIV. To dwell within its sacred precincts, to which none save thn elect have ingress, is to be of those in whose hands repose the present day ucaiiiuea 01 me greatest Caucassian nation. Only the most eminent com missaries, of the people and a few other soviet stars of the first magni tude are domiciled there in the gran diose palaces that once housed the most famous figures of Muscovite history. MAJOR CALDWELL ELATED SEATTLE MAYOR-ELECT COX GRATULATES CITIZEXS. Action of Voters at Election Held Vindication of City Metropolis Declared Safe and Sane. Vanderveer .had Asserted the right of self-defense, had declared that Grimm was slain in the exercise of that right by the defendants and bad argued that the testimony for the de fense shows that Grimm was commit ting an overt act near the I. W. W. hall when shot. He had also asserted that the right of property defense extends to the posting of defenders outside the premises. "Your honor has no right to assume, : that when Grimm marched past the I. W. W. hall, to his death, that he was bent on a mission of mischief," , said Special Prosecutor Cunningham, in replying to Vanderveer. night of Defense Ararned. "rt is not open to speculation. There must be some positive proof of an overt act on the part of Grimm. It has not been proved. The defense knows that it is in a desperate situation and is practically forced to the wall, or It would never argue this point. "We have returned to the original proposition, upon which the court ruled early in this case, that you must show an overt act on the part of Grimm in order to justify his killing." In opening his argument, the I. W. W. counsel quoted supreme court decisions on the right of sell -defense anl the right to protect property, and declared that the present case is a parallel to several he cited. "The persons defending themselves or their property are not required to retreat or endeavor to escape," he as serted. "The law throws no safeguards around those who attempt to commit a felony, or around conspirators. "The law says you may kill any of them, kill all of them, in the exercise of the same right that applies to a single assailant the law does not seem to favor the conspirators." Arguing that the defense has proved au actual raid on the hall and has implicated Warren O. Grimm in that raid. Vanderveer declared to the court that it should not be permitted to pro t od with proof . an alleged com- SEATTLE, Wash., March 3. (Spe cial.) Major Hugh M. Caldwell, elect ed mayor yesterday, views his elec tion as a vindication of the city against charges resulting from activ ities of radicals during the past year. He was besieged with callers and friends on the telephone today who congratulated him on his victory and offering support to his administra tion. Major Caldwell is elated. He reiter ated to friends who conferred with him today his campaign statements tbat he docs not believe Seattle needs a cleaning insofar as vice is con cerned, but needs one badly in rela tion to red activities. This will take up a considerable portion of his time upon taking office, he said. He is- sued the following statement this af ternoon: , "Pleased as I am personally at the outcome of the election, I am more gratified on account of the city of Se attle. The good people of this city have, by their votes, emphatically told the world that Seattle is safe and sane, 100 per cent American and a good place in which to live. I desire to express my heartfelt thanks to the thousands of citizens who loyally aided in bringing about the vindi cation of Seattle and burying fac tional domination in this community. It will be my unalterable determina tion to perform the duties of mayor in such a manner as to merit the ap proval of all loyal citizens of this city." JAIL MERGER PROPOSED Montana Scheme Is Result of Fall ing' Off In Arrests. GREAT FALLS, Mont Between $12,000 and J14.000 annually, it is esti mated, will be saved taxpayers of Cascade county If the plan now under consideration here to combine the city and county jails, is adopted. Since the advent of prohibition, It is declared, arrests have fallen off to such an extent that there is hardly need for one jail, to say nothing ot two. There is also a plan to operate a city detention hospital in the pres ent city jail building using Ihe pres ent county Jail for the combined purpose. . Chieftains Reign Like Czars. Protected behind numerous ha tri at of bayonets and machine guns, the bolshevik chieftains have made this barbarically gorgeous nestine- nlaw of oriental autocracy the throbbing nerve center of world revolution Within its buttressed walls thev nlnn the progress of revolutionary Russia. and from its frowning gates they sally " mcir mgn-power limousines on affairs of state even as the czars in their day went forth to superintend the administration of their collosal heritage. Bolshevism's upper ten ar in the Kremlin. The lesser lights of the bolshevik aristocracy must content themselves with quarters in the "so viet houses," which were the city's leading hotels, and are now national ized habitations reserved for prom inent soviet officials. These build ings, like the Kremlin, are better heated and generally better cared for than most other domiciles, and the iooq served in them is slightly more abundant. Sentries guard the doors to prevent unauthorized visitors from gaining admission. State Farnishes Limousines. t Many tenants, owing to the nature of their, work, have automobiles at their disposal, which, however, are not always used only in line of duty. Indeed, on a gala night at the Mos cow grand opera there are practically as many cars parked outside as there were in the old days only they are all the property of the state and merely temporarily assigned to their individual users. Still, the fact that some individuals ride to the opera in I,enine'a Pay Small. "That is absurd," was the indig nant retort. "He is a member of the third' Internationale and a very im portant personage and as such his family would be lodged in the Kremlin and naturally get better food than the average person in fact, they would have everything here they need. In the governmental aristocracy must also be listed technicians and specialists who, if they do not live in the Kremlin, are otherwise far better off than the bolshevik commissaries themselves, in that tey draw much higher pay. Lenine, in common with all high soviet officials, gets only 6000 rubles a month less than the skilled workman can- earn whereas, engi neers, architects, doctors, scientists, artists, and even some lawyers are paid 50,000 and more. R. Keely, an American industrial efficiency expert who came to Russia four month3 ago to sidy industries under the soviet system and who has given the Moscow government tcchni cal advice with regard to factory management, received rations from four different official sources as a result of his complaint to Lenine that he is unable to live on the food sup plied him at the start. He is one of the most envied individuals in Mos cow. All Experts Wax rtlch. I met a lawyer who had been legal representative of several factories be fore the revolution. Owing to ins knowledge of administrative affairs of these concerns he was retained in the same capacity by their' soviet di rectors and was making, according to his own confession, larger fees than before not merely larger in point o money paid him, of course, but larger in proportion to the cost of living. He was living at the rate of 3000 rubles a day, so he must have been making fully 70,000 ,or S0.000 rubles month. (It is practically impossi ble to accurately estimate the value of the soviet ruble in American cur rency. The highest rate of exchange I was able to get was about 120 rubles to the dollar, but it should be three or four values that today. The theatrical artists are classified as specialists and receive enormous salaries, compared with non-special ist workers. Chaliaplne, the cele brated basso, gets as high as 50,000 rubles for one concert. Ballet dancers are also of the "proletarian bour- geoise," even the coryphees drawing 5000 and 6000 rubles a month. So much for the governmental aristocracy. The aristocracy, or rather plutoc racy, of speculation 13 quite as ex tensive though less clearly defined. Practically aR Russians speculate to a greater or lesser extent, it is only the big speculators, those who derive 11 or a bulk of their income from speculative barter, however, who may be considered the charter members of the new aristocracy class. Every now and then some of them are jailed, and before the death sentence was abol ished a few were shot, but the vast majority feel themselves quite safe, because they know the government recognizes them as a necessary evil. Opponents Take Opposite View. The bolsheviki insist, however, that at the worst the margin between the lowest wage and highest income is far narrower in the soviet republic than elsewhere. No soviet employe legitimately draws a salary as big as that of the president of France, they' equal the profits realized by capital ism in Europe and America. "There can never be a J. P. Morgan in Rus sia,"' they like to boast. Peace, cou pled with industrial rehabilitation, they add, will eventually provide a government with enough , manufac tured goods to get on an adequate trading basis with the producers of foodstuffs and raw materials and so do away with speculators. But the opponents of bolahevism are inclined to, the opposite view, which is that peace, depriving the dictators of an excuse for enforcing drastic measures and maintaining a huge army, is far likelier to afford greater opportunities for speculation, since it will reopen communication with the outside world and bring foreign cap ital to Russia. The efficiency which the latter development is bound to bring to bear on the task of indus trial reconstruction, it is. acgued, will react favorably on the aspirations of the Russian capitalists and help them to persuade the political powers to modify still further the communist programme. Compromise Believe Inevitable. A compromise on the part of the Soviets, according to this theory, will be inevitable, since the bolsheviks cannot remain on top of the heap without bowing to the demands of realistic conditions. ' Into this belief there enters also the presumption that a soviet aristocracy having been cre ated about the Kremlin as a nucleus, this new ruling class will go a long way on the road to concessions rather than surrender its hard won privi leges. In a word, the situation is this: Everybody in Russia, including the bolsheviks, understands the need for foreign capitalistic assistance in re building an almost wholly paralyzed industrial organism; nobody save the bolsheviks believes that the new Rus sian capitalistic or speculator class can be suppresse"d in time of peace. Hence, what becomes of communism as an immediate practical possibility? WOMAN RELEASED, HOWEVER, OX HUSBAND'S PLEA. Jealousy Declared to Have Been Motive for Attack Court Is Asked to Arrest Man. limousines while the rest walk is 'aver, and no traders Illegitimately NEW TOR: March 3. (Special.) Jules von Tilzer, a musical publisher of 204 West Ninety-fourth street, stabbed early Tuesday by his wife, Mrs. Estelle von Tilzer, who inflicted a slight wound, appeared) -in the west side court when his wife was ar raigned and asked Magistrate' Simp son to-show cleinencv. me magis trate discharged Mrs. von Tilzer. Mrs. von Tilzer admitted she was jealous of her husband, who Is a brother of Harry von Tilzer. but said she stabbed him in self-defense, with a silver table knife. The wound is in the left side of the back. Mrs. von Tilzer is about 6 feet 4 inches and weighs about 90 pounds, while her husband is 6 feet 4 inches tall and weighs about 225 pounds. "Last week," said Mrs. von Tilzer to the magistrate, "I received a tele phone call from a mysterious woman who said my husband has been living with another woman since 1917. This excited me greatly. My husband went to Boston last week, and sent me a telegram yesterday that he would be home that night. "During the day the mysterious woman telephoned again, saying: Your husband is going to meet the other woman today. I then tele graphed my husband that I was seri ously ill and signed the name of the family physician. He came home yesterday. 1 1010, him of this mysterious woman. He denied it. Last week I was in an automobile wreck, which excited me. He told me it was all a lie. Tour honor, I love my husband and I could not get it off my mind. I walked the floor all night. About 4 o'clock this morning I brought the subject up again. He told me to go to sleep or he d put .me to sleep. He has struck me on other occasions. He jumped up and dived at me. I picked up a table kJiife and in self-protection I stabbed him in the back. He fell on the bed and I imme diately called an ambulance. We were married in 1908. and there nas al ways been a little trouble." Mrs. von Tilzer turned to her hus band and said: 'Tfes, and you even told this woman that when I died you would give her my house and my clothes. Tou also told her you were trying to divorce me, but at the pres ent time you couldn't becauseof the automobile accident. Turning to the court, Mrs. von Tilzer continued: "May I make an application to have this man arrested for stealing my jewels?" The magistrate directed her to As- Your Spring Clothes Three important factors have made this store the . logical institution for you to come to for your Spring Clothes Our high standard of quality, right pricing and personal service. f Suits $30 to $97.50 Topcoats $30 to $75 See our Fifth-street window of Donegal Tweed Over coats made by Kenneth Durward, London, $55 and $65. s7 J T (mm us MENS WEAR Mathis' Corner Fifth and Morrison Mat hit for : 1 Quality I 1 jS? uyi si intra Good News Another big shipment of Spring Manhattans has arrived. You will find these new Manhattans unusually attractive in their pat tern arrangement. As for quality of fabric and workmanship, they need no farther commendation. Silks, Madras, Mercerized and Silk and Madras Mixtures. $4 to $18.50 We feature extra length sleeves. Sec Morrkwn Street Window Display sistant District Attorney Lynch. She did not say what jewels had been taken from her. Burglars Take Meerschaum Pipe. ALiBAXT, Or., March J. (Special.) When burglars broke Into the gen eral merchandise store of Homer Speer, at Tangent, Monday night, they not only took cash and merchandise, but carried off the proprietor's meer schaum pipe. When Mr. Speer wcn to the store in the morning he mlseil his pipe and then, upon looking around, found that wme knlvo. jew- Sure Relief HWtSV0Hh 1 6 Bell-ans Hot water Sure Relief E LL-ANS FOR INDIGESTION Today Marks the Beginning of the Big Motor Demonstration See the New Series Marmon 34 Motor Taken Down and Rebuilt in One Hour and Fifteen Minutes. At the salesroom of the Northwest Auto Co., Alder and 18th, today at 3 and 8 P. M. and tomorrow and Saturday at same hours .nTHIS is the most remarkable demonstration of ' " motor mechanics that has ever been given in the history of the industry and should not be missed by anyone interested in automobiles. Two mechanics will take a motor of a New Series Marmon 34 completely apart and reassemble it in one hour and fifteen minutes. They will fully explain 'every part and step in its progress. . Arrange to be here during one of the demonstration . hours. Northwest Auto Company Marmon Distributors " v ' ALDER AT EIGHTEENTH . MARMON 54 f -' 0 MEN'S SHOE SPECIAL Thursday, Friday and Saturday We are offering a large assortment of styles in high shoes at greatly reduced prices. Some of these shoes are worth double what we ask for them. Values to $15.00 &45 elry and other mnll artlrlm wet mltmlng mid that the burglars hsit secured about IN In CNMh. Nearly all of the cities and totm of Swltierland, and even mntiy of thl small village, hare technical school upeclallnlnir In wilrhmB k In. SEE OUR WINDOWS Now is the time to save on your shoes-Out-of-town orders Receive Prompt and Careful Attention. BUSINESS HOURS 9 to 6, including Saturday. KNIGHT SHOE CO. MORRISON, NEAR BROADWAY r 0. V 1 r v t- i