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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 25, 1920)
4. THE MORNING' OREGOXIAX, SATURDAY, SEPTEMBER 25, 1920 BOOTLEGGER LEAGUE HELD BIND TRIAL Effort to Oust Policemen for Shooting Attacked. HEARING DELAY CURBED Mayor Itaker Overrules Protest and Orders That Proceedings Con tinue; Arrest Related. Charges that a "leasue of boot-k-XKers was behind the movement to oust K. M. Jackson and VV. D. Mor ris from the police department for I heir participation in the fatal shoot ins of itobert W. Medderley. alleged bootleKwer, killed on Union avenue near Stark street on September 10, nerc made yesterday by Klton Wat kins, attorney for Patrolman Morris in the openinK of the hearing called by Mayor Baker in his office. The hearing followed the filing of charges against the two policemen by Harnett (.Joldstein. appearing as at torney for -Mrs. Hedderley. .Efforts were made at the opening f the hearing by U K. Carter, Elton "Watkins and IS. U Fraley. all attor neys, to delay the case until after the conclusion of the trial in the circuit court. Both of the policemen and also three federal officers who par ticipated in the shooting were in dicted by the grand jury for involun tary manslaughter. Ilrnrlns Ordered To Continue. Mayor Baker after hearing the ar guments offered by the three attor neys ordered that the hearing pro ceed, but not until he had made a Btatement setting forth his position. Attorneys Carter and Watkins argued that a revelation of the evi dence would prove injurious to their clients and that any decision made by the mayor against the two police men would prove prejudicial in their trial in the circuit court. Attorney Goldstein, in urging that the hearing proceed, stated that he was appearing in the dual capacitiy of attorney for the widow of Robert W. Hedderley and as a private citizen who was eager to see that policemen did not take human life unnecessarily. 'Mayor Baker can dismiss these men even though it .is not found that they have violated the law. If it is proved at this hearing that these po licemen are unfit to serve as peace officers the mayor would be justified Jn ijischarging them," said Attorney Ooldstein. ;oldtein Is Criticised. ' Attorney Watkins then charged that Goldstein was unconsciously playing the game of the lawbreaker, who. Attorney Watkins contended. wa anxious to obtain the dismissal of the two policemen from the de partment in order to break down the morale of the department and cause peace officers to stop interference with liquor traffic. In ordering the hearing to proceed. Mayor Baker stated that he did not wisli to lose the city's right to dis charge the two policemen in the event that it was shown that they were unfit to serve as peace officers and to stop the hearing would be equal to losing this chance. j "I appreciate, the seriousness of the situation." said Mayor Baker, "and as mayor of the city of Portland 1 do not want to break down the morale of the police department by any ac tion which will cause fear of dis missal by officers in the event Uiat tiiey do their sworn duty. Position Held Kmbarratmlnir. "Nor do I, as mayor, wish to preiljudice the mind of the public by any act. One of the attorneys for the defendants in the case stated in his arguments that dismissal of these two policemen would deter other of ficers from acting in the same man ner as the accused officers in similar circumstances. "1 want it understood that If the two officers In question were wrong in their action, I want to deter other officers from doing the same tiling in similar circumstances. I admit that I am placed in an embarrassing position but the case must proceed." Only four witnesses were produced at the hearing yesterday, all of them brought to the stand by Attorney ioldstein. The first witnesB was lr. B. N. Wade, who performed the au topsy on the body pf Robert W, Hed- derly. Dr. vvades testimony was similar to that given at the coroner's in quest, showing the course of the bul let which resulted in his death. Other Testimony Contradicting. The testimony of the other two witnesses, George Ijewis, companion of Hedderley, and Hillbrand Zoon, an employe of the street cleaning bu reau, both eye witnesses to the shoot ing, was contradlctatoroy. L.ewis testified, in substance, that Policeman Morris came down the atairway of the Moore apartment and placed a revolver in the pit of his stomach, saying ttick up your bands; you are under arrest." Accord ing to Lewis, at the same moment j-ieaaeriey, who was seated in a car in front of the Moore apartments on "Union avenue, started his car and Policeman Morris fired three shots directly at the car. Then, according to Lewis, Morris atarted on a trot after the car, taking Lewis with him. Lewis testified that before reaching the Intersection of onion avenue and Stark he overheard a, voice say "Get that blank blank.1 When tiie Hedderley car had passed Stark street Lewis testified that he heard several shots. The Hedderley car, he said, came to a stop and Hed derly was handcuffed, by whom. Lewis was not able to state. Liquor Conviction Admitted. Under cross-examination by Mayor Baker, Lewis admitted that he had been convicted for illegal sale of liquor, but contended that following the serving of his sentence he had not sold any liquor in Portland. He declared the effort of Hedderly and himself to dispose of colored water as liquor was a "huge Joke' to be played on Federal Officer Woods, whom he said was watching them. .Negotiations for the sale of liquor had been penning for several days. according to Lewis and during such negotiations, he declared that they noticed Woods watching them. He testified that bad blood existed be tween Hedderly and Wood and tha it was Hedderly s plan to play the Jest on the federal officer. "Have you ever sold colored wate before?' questioned the mayor. "Never," said Lewis. "Never until this attempt?" "No, sir." "Then," continued the mayor, 'you thought this would be a great big Joke, is that it? - . "Yes, sir," answered Lewis. Two Men Keportcd Rnnninjr. Zoon testified that he had not heard ny shots until after the Hedderly car had passed Lnion avenue and tHark streets. After the car had passed him, he said that he saw two men running after the car and that Ke heard four shots fired rapidly. He described the man who tired the shot as being clad In a brown suit, white collar, dark necktie and gray hat. Both of the accused policemen were shown to Zoon as were the federal officers who participated in ' the shooting, and the witness " picked out Officer Jackson "as the man who he thought did the fatal shooting," but he could not positively identify him as such. j Zoon testified that when he reached j the Hedderly car the dying man was j handcuffed and that he was ordered to search Hedderly for firearms. He found no weapons, he said, but found two small bottles of liquor. Pcnnut Vendor Takes Stand. Immediately following the firing of four shots, Zoon testified that he heard a voice say "I got him thus 1 time." Zoon said that he had given his name to Federal Officer Woods, but after he found that he . was not calle-d to appear at the coronor's in quest, he visited a local newspaper and sought advice as to what he should do. Here he was told to visit Barnett Goldstein, which he did and to him he first told his story of the shooting. Harry Starfas, a peanut vendor, was placed on the stand and testified that he was attracted to the . shoot ing by the noise, that he heard one policeman' ask another who had shot Hedderly and that -the reply he heard was "Jack did it." When Attorney Goldstein announced that he had presented his case, strenuous objection was voiced by Attorney Watkins, who said that Gold3tein in conference had promised to bring all his witnesses and this he had failed to do. More Witnesses Admitted. Goldstein admitted that he had more witnesses, but stated that Dis trict Attorney .Evans -had advised him to use no more witnesses than necessary. He contended that he had substantiated hus charge with the evidence presented and that unless the mayor ruled that the evidence was insufficient he would not bring any further witnesses for the prosecu tion. Attorney Watkins objected to this version, contending that if Attorney Goldstein was appearing as a private citizen he should disclose all he knew of the case for the benefit of the mayor. Mayor Baker offered to subpena any witnesses that the attorneys for the defense desired, but stated that he could not force Attorney Goldstein to bring any witnesses. Attorney Watkins demand-ed the appearance of Lulu Rappico, the girl who in passing the scene of the shooting was said to have been handcuffed to George Lewis. Mayor Baker stated that he would require the appearance'of Miss Rappico when the hearing reconvened on Monday morning. Defense Witnesses Not Called. Attorney Watkins, who is directing the figrht for the defense did not have an opportunity to bring" any defense witnesses on the stand yesterday. In discussing the intimations concerning the alleged fund provided by boot leggers for the prosecution of the policemen in the case, Attorney Watkins said: "I am firmly convinced and am ready to prove in the circuit court that bootleggers and law violators In this ctiy are in league to break down the morale of the police depart ment, by preying upon the sympathy of the public over the killing of a man who it is admitted has been in the bootlegging game and who was caught and when attempting to escape recently was shot by agents of the United States revenue depart ment. I have evidence to prove that bootleggers of this city have con tributed money to dismiss these two policemen, hoping by suoh a dismissal to instill fear in the hearts of other officers which will prevent them from Interfering with liquor opera- ions In this city. The hearing was continued hv Mayor Baker until Monday morning l. ID o clock. OF T. R. SPEAKS FOR HARDING Mrs. Robinson Carries Mes sage to Progressives. END TO DEMOCRACY AIM Democratic Nominee Said to Cse Xame of Roosevelt in EITort to Confuse. CHICAGO. Sept. 24. (Special.) As the sister of Colonel Theodore Roosevelt, there is a special reason hich caused me to take this trip to he middle west," said Mrs. Corine Roosevelt Robinson of New York at epubligan national headquarters to- ay. That reason Is to impress upon former members of the progressive arty in middle west that I am abso- ulely convinced that the colonel rould a ish thorn, to ;?et In behind The publican nominee as he did in l16) and put an end to what he con idered the most sinister influence hat ever enmeshed In its clutches, the people of the United States namely the influence of the demo- atic party during: the last seven ears. Name ITsrd to Confute, Charge. 'By the frequent use of the name Theodore Roosevelt." continued Mrs. Robinson, "the democratic nominee is trying1 to confuse the minds of former rogressives and 1 speak as one hav ing authority and would clarify the tuation for all followers of Theo- ore Roosevelt." Mrs. Robinson, who seconded the nomination of General Leonard Wood n one of the most impressive speeches f the republican national convention. as thrown her whole soul into the Harding and Coolidge campaign. Her only regret is that ill health prevents er from participating- in more ex- ended Fpeechmaking. The itinerary in the middle west includes Indianapolis, St. Joseph, Om aha, Minneapolis, Duluth, and then Mrs. Robinson joins in Chicago the eleg-ation of women who are to visit enator and Mrs. Harding: Octob-er 2. Suffrage Women's A Met. , "Tbe preat asset to politics is suffrage for women," said Mrs. Rob inson. The danger in connection with women in politics is a certain kind sentimentality which only exper- ence will correct. "In my public addresses thus far have found that my audiences are most interested in the "Wilson league nations. The people are beginning; realize that without Americaniza- on reservations the Wilson league ould be a detriment, not only to merica, but to the whole world. I think that really studious women Iready have come to the conclusion that 'America First' is not the self ish slogan which they originally eemed to feel it was, but it is a pride to the whole world that by leaning: our own house thoroughly we can most effectively help clean house in other nations of the world." BOYS GET PRISON TERMS Youths Who Stole Auto Get Year In Penitentiary. ROSEBURG, Or., Sept. 24. (Spe cial.) Alfred Smith and Ted Weir, both 19 years of age, were sentenced o serve one year in the penitentiary today by Judge Hamilton for the theft of an automobile belonging to the Drager Fruit company of this city, which the young men drove to Kastern Oregon before being caught. Smith was promised leniency if he would give the name of his father nd in reply to a question by the court concerning his parents Baid '1 would rather spend 10 years ii the penitentiary than let my father Know or my crime. Archie B. Cody, who pleaded guilty to the theft of a horse belonging to rorest Kanger McL.aughIin, was sen tenced ,to two years in the peni tentiary. DR. BENYAS IN ISLANDS Portland Physician Goes to Tropics to Make Home and Practice. HONOLULU. T. H., Sept. 24. (Spe cial.) Dr. M. S. Benyas, Portland, Or., physician, arrived here recently with Mrs. Benyas to make his home In the islands. He will be associated in practice with Dr. J. C. O'Day, con tinuing a partnership begun several years ago in the Oregon city. Dr. Benyas joined the army shortly after America declared war on Ger many and served throughout the campaign in France with the rank of major. He was attached to a Cali fornia artillery unit. Dr. Benyas is to take his examin tions shortly before the territorial board of examiners. Three Runaways Found. Three small boys, runaways from St. Mary's home near Beaverton, Or. walked to Portland without hats dur ing the heavy rain yesterday after noon. The police found them in south Portland nearly frosen and took them to the city Jail. One of the boys had no coat. The boys were Paul Thomp son. 11; Wilbur McAffery. 10, an Frank isiancnard, i. They were taken back to the home last night. A. V. Houseman Is Arrested. A. W. Houseman, 339 East Fifty second street North, was arrested last night by Patrolman Keegan, who was investigating the theft of an auto mobile tire from George Wilson, of Union avenue and East Everett stree Arthur Mely, Houseman's partner, was alsO arrested. ' Xiiqnor Law Violation Alleged. Henry Abrancoff. 24, was arreste last night at 6S6 Third street by Pa trolraen Huntington and Kussell, an charged with violating the prohibition law. The police seized a small still as evidence against mm. Mrs. Millie Brooke, Xewberg, Dies MrS.Millte Brooke of Newberg. Or. died last night after an operation at St.' Vincents hospital. She was years cod S. & . green stamps for cash Holman Fuel Co. Main 353. 580-3 Adv. Phone your want ads to The Orego nian. Alien vu.u. Automatic 660-95, team in Cleveland today characterized this report as foolish. Jacob ("Rube") Benton. New York National pitcher, in his testimony to day reiterated previous statements that a Pittsburg gambling syndicate had raised $100,000, which was paid to Chicago American players to "throw" games In the world series. It became known tonight that the players whose world series checks were held up last year were Eddie Cicotte, Claude Williams, "Happy" Felscb, "Buck" Weaver, Charles Ris berg, Joe Jackson, Chick Gandil and Fred McMullin. Gandil no longer is in the major leagues. Benton in his testimony said he understood Cicotte, Williams, Felsch and Gandil had been approached by gamblers, mentioning a man named Hahn in Cincinnati, and that he "felt sure Cicotte could tell the names of the gamblers." District Attorney Ciyne took a hand in the inquiry today by starting an in vestigation to find out whether base ball pool tickets were being sent through the mails in violation of the lottery laws. George Cohan Mcwtloned. Investigation of a report tnat George M. Cohan. New York theatri-, cal producer, and Mont Tennes of Chicago had lost large sums bet on last year's world series was under stood to be today to be under con sideration by the grand jury which will resume hearing testimony on charges that the series was "fixed" for Cincinnati to win next Tuesday. Published reports place Cohan's losses at $30,000 and Tennes at $80,000. The inquiry into the "fixing" charges will be pushed to the limit, according to a statement made by Henry H. Brigham, foreman of the grand jury, who declared that he was "shocked at the rottenness so far re vealed." He added that "Chicago, New York. Cincinnati and St. Louis gam blers are bleeding baseball and cor rupting players." States Attorney Hoyne. according to a statement received from him in New York, declared he had "no doubt that the 1919 series was crooked and that at least one Chicago player was crooked." "Unquestionably there was a lot of money bet on the Cincinnati-Sox games last year," a statement at tributed to Ban Johnson, president of the American league, said. "A New York man said he won $170,000 in two bets, taking $100,000 from a stock ex change man and $70,000 from a race horse man." McGraw Geta Order. Prosecutor Hartley Replogle, in charge of the case, said tonight that subpenas would be issued for several gamblers in New York. Boston, Cin cinnati. Pittsburg and St. Louis. He refused to give their names, but said they had been implicated by wit nesses before the jury. ' Subpenas were issued for John J. McGraw, man ager of the New York Nationals, and President Stoneham'of that club. Both were asked to appear next week. It was unofficially reported that one witness had implicated the wife af a Chicago White Sox player, say ing he l.ad seen her making' bets against the Chicago club when her husband was pitching. Judge McDonald tonight charac terized the reports that he planned to displace Replogle as "the work of a baseball writer who was given a rather severe jolting when he testified." ANGLERS WANT FOUR FISH CODE CHANGES Increase in Fishermen's censes Proposed. Li- NEW SEASONS ARE URGED HAMILTON GETS 5 DAYS udge Assesses $50 Fine for Viola tion of Dry Law.. . Robert Hamilton, arrested Thurs day night at the corner of First and Hooker streets, by Motorcycle Patrol man Drennen on a charge of having iquor in his possession, and also on charge of driving an automobile while intoxicated, was fined $50 and sentenced to five days in jail by Municipal Judge Rossman yesterday. According to Patrolman Drennen's report, he first noticed Hamilton's car up on the curb at the corner of tho street. When he approached the man and questioned him he noticed that he was under the influence of iquor, he declared. A search of the car brought a gallon of moonshine to ight, which Hamilton is said to have admitted belonged to him. Hamilton was sentenced for viola io.'. - of the prohibition law and the charge of operating an automobile while Intoxicated was dismissed by Judge Rossman. BASEBALL HELD' POLLUTED (Continued From First Page.) and horse-racing crucified." Henry H- Brigham, foreman, said in a state-ment Comparatively few players are Im plicated, however, said Mr. Brig ham, only a "few weak-moraled and weak- -charactered men being preyed upon ly the professional gamblers. Jokawin . Ia Censured. A statement was made by Presi dent Chariea A. Comisky of the Chicago Americans, saying he had not the full support of President B. B. Johnson - of the American league in his attempts to run down charged of crooked work By some players on his team. After seeing this state ment. President August Herrmann of the Cincinnati club, Chicago's op ponents in the world series, said: "He knew positively President Johnson made an eager investigation." President Johnson, when he testi fied before the grand Jury Wednes day, told reporters he had "given the Jury evidence which he believed proved that star players had attempt ed to 'throw' games last year, but had no evidence of such actions this year.' A statement attributed to President Johnson yesterday quoted him as say ing he had received reports that gam biers who were said to have 'fixed' last year's world's series had threat ened Chicago players implicated with exposure if they won the pennant this year and had told thenl they m t lose in the present series with Cleveland. Chicago won yesterday but was de feated today. 2 to 0. Members of the BEXTOX'S CASK CHALLEXGBD Heydler Says AM National Games Played on Merits. DETROIT, Sept. 24. A challenge to anyone "inside or outside the ranks of professional baseball" to appear be fore the Chicago grand jury and prove that any championship game played in the National league in 1919 or 1920 was not "won or lost strictly on its nierits" was made in a statement to night by John A. Heydler, president of the National league. Mr. Heydler spent the day in De troit investigating rumors in connec tion with betting on the Chicago Philadelphia game of August 31, he said. His statement said: "Every championship game played in the National league In 1919, as well as this season, has been won or lost strictly on its merits. I challenge any of these muckrakers, either inside or outside the ranks of professional base ball, to appear before the Chicago grand Jury and prove otherwise. "Regardless of the alleged attempt ed 'fixing' of the first two games of the last world's series, I always have contended and do now contend, that the best team won the pennant on the level. If the testimony given by Pitcher Benton of our New York club is correctly set forth in today's press accounts, then that fellow either per jured himself before the grand jury or- in his private examination be fore me. "His contradictory statements will be carefully gone over at the proper time. No suspicion should be fas- I tened on any player or group of play ers uecause ok semon b statement. Redaction of Basket Limit in Num ber and Weight and Increase in . Length Sought. 1 Four Important changes in the present Oregon state fish code were advocated by the members of the Multnomah ' Anglers' club at the monthly meeting in the Oregon build ing last night. .The four questions which pertained mainly to' trout fishing in the Ore gon streams and which the members of the club went on record -as being in favor of were the raising of the amount of the fishermen s licenses. reduction of the basket limit in both number and weight, the raising of the limit as to the length of trout to be taken from the streams and the changing of open season periods in the various streams so as to prohibit tbe taking of fish at their natural spawning periods. Committee to Be Xamed. Other questions of importance to fishermen were discussed but the four mentioned were the ones which the reorganization will recommend to the Oregon state legislature to be in corporated in the new fish and game laws. A committee of five members of the Multnomah Anglers' club will be appointed to confer with the state rish commission at its next meeting for the purpose of discussing other changes in the present fish laws. One of the reasons broflght out at the meeting for the rise in the amount of the fishing license, which is at present $1.50. is the fact that the fish commission which was recently ap pointed has not sufficient funds to carry out its trout propagation pro gramme and that the rise in license fee would give the commission addi tional funds to work with. Banket Limit SO a Day. The basket limit on trout is at present 50 for one. day's catch. This amount is thought "by the majority of the fishermen present at the meeting last night to greatly exceed the num ber which any one person can dispose of and as a result many trout which are taken from the streams are wasted. The question of the present length limit on trout, which is six Inches, was brought up. Several of the mem bers expressed themselves as being in favor of raising this limit to eight or 10 inches. Under the present law many of the trout which are released by the fish hatcheries throughout the state are being taken from the streams by fishermen before they have had a chance to spawn. Change In Seatton Advocated. The proposition of having different open fishing seasons in various parts of the state at different times has often been advocated by the fisher men and came in for a lengthy dis cussion at the meeting last night. Trout spawn in some sections of the state at one time of the year and in another part of the state at another time. When under the present laws the streams throughout the entire state are thrown open to the fisher men at the same time it leaves the fish which are spawning to fall a prey to the fly of the angler. This condition would be changed under the plan advocated by the Mult nomah Anglers' club, whereby cer tain streams wherein the fish were spawning would be closed to the fishermen while other streams where the fish were not Epawning would be open. Walter Backus, president of the club, was unable to be present at the meeting last night and in his absence Paul P. Farrens, vice-president, presided. New Show Today! Another Double Bill On Saturday Only $i will buy FOUR pieces of the latest popular music Other Music, 3 copies 35c Sevenlh Floor. 0 el "Merchandise of cJ Merit Only" 1 Cohan Denies Gambling. NEW YORK, Sept. 24. Denial that he had ever "lost any money on base ball was made today by George M. Cohan in connection with a dispatch from Chicago stating the Cook county grand jury, investigating charges of "fixed" baseball games, had been in formed he lost $30,000. Rains Delay Stages. EUGENE, Or., Sept. 24. fSpeclal.) The recent rains have made the newly-built McKenzie highway between Blue River and the Belknap Springs road practically impassable for the heavy stages that run between Eu gene and Foley Springs, according to Pat Adrian, proprietor of the stage line. He said that on Wednesday it was necessary to use a light ear to carry the mail from Blue River to McKenzie bridge and Foley and that when the winter rains begin it is probable tnat he will have to go back to the old horse stages on that part of the highway above Blue River. TOO LATE TO CLASSIFY. WANTBD An milk waKon. Main ixperiencert driver for a Apply Sunset Creamery, 36 Mi.'-:.-.-. ik'IrV A mirereat Kinds of I nuadrr 4 Different Prlcea EAST 494 i j f . . HAM (ID v nEmvnFKvnFF "Bnmdumy Bab" Byjmhmmtmn McCallmy Kath Roland Serial The Greatest Story of the West Startling- Melodramatic Heart Stirring Romantic Start from New York with "Broad way Bab" and go with her to the far West, Be with her when she is captured and ride through her thrilling aeroplane rescue. Don't Dream Adventure See. it Live it In a Pathe Serial HIPPODROME THEATER Mattneea Only Monday, Tneadny and Wednesday BEGINNING NEXT Monday, Sept. 27 i r-v' ' -'-j (. '7" r- 7 4 presents i : -V, ' 1 CECIL TEAGUE In his wonderful musical accompaniment and in the following concert pro gramme tomorrow at 1:30 P. M.: Spanish Waltz. Waldteufel "Give Us AU of You." "Sari" .Kalman Clown's Song from Pag liacci. So Long Oo Long... Ruby Every Rex Beach picture is a masterpiece. "Going Some" is entirely different from all that have preceded it, and equal to any. It is a big, thrilling tale of the outdoors in Nevada, magnificently pro duced with a splendid all star cast. PATHE NEWS CARTER DE HAVEN Comedy "A Model Husband" mm iwirwwiw" '-w ' him I W 1 ILA f m7m foil i i r , ; v-w.-.. - Direction of Jensen and yon Herberg ;5J WJ il If il i : ' i - : m w SB Tfie Mosi AsiottfidiAg Real Ufe Victures ef Savages evs&T&ksz NovPteyiacf. l -If! 5 i.Tk. if? yfHH g HM.-jy mf-J 1 t - The AmaslnrfAdvenftirea of Edvatd l&emmle and Villi am K Alder amoa NOW PLAYING AND ALL WEEK Comedy Weekly COMING "UNDER NORTHERN LIGHTS!" SOON