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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Dec. 15, 1908)
EDITION 3 P. M. FIRST EDITION 3 P. M. I Journal Ik m b M -MBPjJ'm' nTFfc. SALK.M, OKKfiON TIKSDVY, IMWKMIIKH in, 1008. NO 31(1. AND JURY AMENDMENT SEVELT DERAL PROSECUTION FOR PANAMA LIBEL NER UNI) IT iCCIDENT BOY KILLED IUNTING ton who hftB lived noarly Bear Buttovlllo, nccldont- jlmsolf whllo hunting sklft. Quo Swnn wub Geo. Klllon sat In tho At a llttlo oddy thoy bont, whoro Klllon put lo ro and stnrtcd to )iill by tho muzzlo. It went tho top or hlB hoad on. almost Imnioulntoiy. ed nt 10:30 Sunday fote- ; news of tho death was ico and help wub nskeu ; county, but tho coronor I'caso bolongod to Marlon Slouch wont to tho ocono lent on tho 1:40 cur Hun- cldcd to hold no In quest, satisfied tho death was Coroner dough returned inday ovonlng. Klllon icars old, a Intno ninn, a mother, who Is now id, of Woodburn. Tho held Monday afternoon. RELEASED; JT OF JURISDICTION achco, Dec. 15. Docnuso ed offenso of drugging two piissongors on tho bn.itor occurred on tho rlwr mar Astoiin. Ore- h jurisdiction of the k, two men nnd two wotu- ftltc ii nin oh of Sldnoy Lo- vlhlns, Addlo Hoe and It kin wit- today re- ?n t Un of Dpp -tlvos Jas. c- imln"d Mwm last night fh.nl been brought nshoo sl irdocK and a companion. "1 Murray, woro the .HiHH8eB ngnlnst the eged that on last Friday tho ntoanur loft Port- uck and another man, wub a son of tho record- Angeles county, were nucleus, apparently the knockout drops. Mur- lainod of having been MO korltes on tho vcasol woro investigate, and a search for LeCoos, who was uacr tho numo of F. Dor- intll tho Senator docked lid I.oCoos nut in an np- d he was walking off tho when tho cry of 'Stop. sounded. Murdock and Btecrugo passei ?ors gavo the wharf, Murray add- . excitement by firing his Mmes into tho air. Le- Inptured hiding behind a ?i and was compelled to e vessel Be who was posing as . was mot on deck by pointed his pistol at her ner to return Mur rey Tho llttlo woman bo tho revolver from her ve Murray a resounding iach, sending him spin He arms of Steward John wrenched tho weapon oulsc N. Nonander then ' a fortnnl InvoatlcrnMnn lhat Murdock and Murray na-ges beforo the Astoria I he men illil tint wnnt in trip, and it was agreod to oer and have a anal ng at this port. urEd robbery took placo California. th lnrnl au- d hry havo no Jurlsdlc- fs ine accused persons oi-marged from custody. Ions will probably bo at- Meok, a native of Cal- wno has conducted a tay from ail. near As 3UnH rinnri In nlo ikln file has lived in Oregon IMPORTANT LEGAL DECISION UPHOLDS GRAND JURY SYSTEM Tho supronio court today affirmed tho decision of Judge Frnsor, of Portland, who hold that a criminal proceeding against Ju Nun could not bo sot nsldo becnuso tho constitution was ninondcd In Juno, requiring thut all Indictments in futuroMUKT COMK FItOM A GUAM) JUltV. Tho opinion Is by Chlof Juotlco Dcnn, nnd lays down some funda mental principles affecting the rights and liberties of nil cltlzons. With out tho references to authorities the toxt of tho decision Is ns follews: Justice Bojui'h Opinion. After tho defendant had appealed, but beforo tho disposition of the ap peal, an nmondmout to tho constitu tion was adopted, (Juno, 1008) which provides, among othur things, that "no noraon shall bo churned In any circuit court with tho com mission, of any Crime or misdemean or defined or mudo punishable by any of the Iiiwb of this state, K.V I'KPT ITO.V 1NIMCT.MH.NT FOUND 1JV T1IK OltANII .ITHV." It is now contended, that by reason- of this amondiuent the court 1m without Jurisdiction and must order a dis charge of the defendant. It I sot tlod that the repeal of u law con ferring Jurisdiction tnkos away all right to proceed, under the repealing statute, as to nil actions. suits or proceedings pending nt the time of the repeal, unless thoro Ib a saving clause in the repealing stntuto, and this Is so in nn appellate, hh well as th- court of orlKlnnl Jurisdiction. The constitutional niuondment In quostlon did not. In terms, ropoal the law conferring Jtu'isdictlon upon tho eourtB to hoar nnd determlno causes In which a dofondnnt had beou aceusod of a crlmo by Inforina tlon filed by a district attornoy prior to tho adoption, nnd wo do not ih:r.'.i It does by implication. Tho ponnl code of 18C4 declares that no porson enn ho prosecuted for tho commission of a crlmo but upon tho Indictment of a grand Jury, unloss otherwise provided by law. It also provides In detail for tho drawing and forming of a grand Jury, de fines Its powers and duties, pro vides tho form of Indictments nnd tho manner of finding nnd returning tho samo, and for nil subsequent proceeding thoroon. In 1899 tho leg islature adopted, ns It had nowor to do. an act, .MAKING IT l;A W'L ' F()lt A MBTHIOT ATTOKNKV TO PItOCKD, UV INFORMATION against any person aceusod of the commission of a crime, without the Intervention of n grand Jury, ana providing that the form of tho In formation, and tho mannor of sot ting out tho nets constituting tho crlmo. should be substantially tho samo as provided In cose of an In dictment, nnd that from the time tho Information Is filed It shall be deemed to bo In all refpecta tho samo, nnd thoro aftor until, and Including, final Judgmont and execu tion. This statute has not beon re pealed, and wo think the recent con stitutional amendment J feet thereon, except TO lIl'l"j V DISTRICT ATTOUNKV OK TIIK ItlfiilT TO KILE AN INFOHMA TION In the circuit court by requir ing that all prosecutions In that court thereafter Instituted shall be by indictment. In nil other re Rnecta tho statute is In full force and 02?. and the Jurisdiction of ?ho court to proceed with pending casos remains unimpaired. The language of the amendment Is In he future tense and Is suscen lb e of a construction making It AITLIl A fit K TO FI'TI'IIB AND NOT PKM- NoSsVfs, and It mould J." construed., especially in view of the consequences 'which would result from the contrary view. It will be observed that the amend- GUNBOAT IS TAKEN BYDUTCH SECOND LOST TO VENEZUELA (United Press Leased WIro.) London, Dec. 1C- -According to a Contrt'l Nowh dispatch from Tho Hague, tho Dutch blockading squad ron in Vcncauolan waters has effect ed tho capture of another of Sastro'n warshlpo, supposed to bo tho coast defonso gunboat Mayo. Tho report gives no dotallo of n skirmish, and it is bollcvcd hero that tho Vonezun Inn voisol surrondored without a shot being fired on either side. Tho Mayo In a small gunboat of modorn construction. After its cap ture It was rblo to prt-cocd to Oura cao under Its own b toe in, tho vessel being plrced In chnrgo of a Dutch prizo crow. Cn.Htro. Herlln, Die. ir. President Can tro, nccordlng to nn ndmlss'.on mndo today by a mocnbor of tho Gorman forogu olllco. Ib hpro to, ojfeot a,dlp fniinntlc ulllnlico, whereby Germany will iMpport Vonezurla In futuro lu teriintlon.il ontanglemonts In roturn for such coucosilons from the liopuo lie thnt will allow Germany to he como tho dominating Influence In Venolliula's cominorco. Castro, It wa also lonrnod today, wants n big loan. Horr Goosch, tli counsellor In tho foreign ofllce, visit ed Castro today and urranued for "n ofllclnl vlilt with County Von Hue low, the German chancellor, and For eign Secretary Von Schoon. Caslio and Horr Goosch Indulttod In a lenn thy dlscuoolon coneernlng the otl-qutt;- of the proposed Interview, the prMldont of Venezuela demand'ng that he be rocelvod In a manuer com mensurate with his Htntlon. Till, wa promised him. aftor which Castfo gout n inombor of his suite to ltv Hs enrds with Voil Iluclow nnd Von Schoon. Umporor Wllliolm touny soul cordial telesram of welcomo to tas tro. ipllod to erlmlnal proctedluga. muy havo difforont moaningB, according to tho subject matter and the eon text. It may mean the accusation which precedes tho formal trial, or It may monn tho responsibility for tho crlmo Itsolf, nnd may bo applic able to one who has beon convicted and Is sorvlng a sentence In com mon parlanco it signifies tho formal commencement of a criminal pro coding by tho filing or returning of tho accusatory paper. Whon wo speak of chargin ga person with the commission of n crime, wo ordinar ily mean tho coinmencomont of the proceeding, by tho filing of a writ ten complaint or accusation, and in our opinion it wa uln thla souse that tho words woro used In tho constl tutionnl amendmont In question. Honco, when It provides that NO PKItSON SHALL JIK CMAHGKI) WITH A CHl.Mi:, I3XCKIT ITO.V INIUCTSIKNT, it means that no prosecution shall horo aftor bo com monced except In tho manner stated, nnd does not refor to pending casos Tho amendment doos not reiwial or change tho law undor which do fondant wa strled and conviotod. nor makes that a criminal act which was Innocent when committed; or chango tho punishment; or niter the rules o fovldence; or In any othor mnnnor nffetjt nny substantial right of tho dofendant. It was a mere change In tho proceduro and Is pros pective, not rotrospectlvo. (To huve held otherwise might have turnd looso nil criminals hold for trial but not yet convicted when tho new amendment was adopted In June by tho people.) Kd. Journal OKLAHOMA BANK ' ROBBED OF $15,000 (United Press leased- Wire) McAlester. Okla.. Dec. 16. Tho safe of the First' National Bank of Bufala. Okla., was blown open with dynamlto today by robbers, who es caped with 115,000 In gold. A posse Is In pursuit of the thieves. BIGGY'S BODY IS FOUND RECOVERED FROM URISCO BAY (United Proju Lcnsod WIro.) San Fjanclsco, Dec. 1C. A body poBltlvoiy ldontlflod ns that of Chlof of "Pollco Willlr.m J. IHcgy. ra. found lii vlio bay today, clad In n hoivy black overcoat and with tho hands cltfpped tightly bohtnd tho back Tl.o f.,co xrnti not recognizable on account of thn r.ctlon of tho wntor during tho two wc-olcs elnco tho chlof dlsapponrod from tlio police launch. In a pocUol of tho overcoat was found a rovolvoi, I ellovod to bo tho ono vhtcli Coii'inlBclonor Koll loanod niggy at the tlino of hln visit to thi comnlsivlonor'n Uiomo nt Ilolvodoro Junt boforo tho fetal trip on tho bay Captain Conboy, 8crgennt Dono van, Patrolmen Hums and Uorry pos itively Idcntlflod tho boly, nnd tho liiombors of tho pollco rommlsslon woro iiotind. An escort of mounted pollco. waa.ordfred to accompany tln body toTllio morgue. The fact that tho hinds woro flannel behind tl'o body lndloittkl , Unt tlio man nr.do no Btrurrglo when i he fell Into the v-ator, nnd h tnken ' to up:ort tl'o sulo'de theory. I Tl'o body 'v.ib sighted llontlng In (he f:'lray nbopt half way botweon Goat Island nn Vallojo stroot wharf ! by the pilot of tho Bouthorn Pacific sterner Transit, which plUa In Oak land oreok. Tho pilot roportod to the pftlloo. The dopartmenl launch wih still out on Its long ' oared for the body nnd nnothor launch was h'rtd to tow !u tin remain of the lain fhlef. It Is roportml thnt tro pollpo com nils -Ion will postpone n moetlng i-allod for tomorrow at which It wns to colool HiIrk's ouccescor. The d5Kippor.rr.nce of Chief Illggy from the pollco launch nn the ulgat of N'ovomhor 30, followed n visit to tho homo of Pollco Commliwlonor Knll rt Ilolvodoro. acrosi tho bay. t Muni- had bton groatly affocted by allogntlons of lnonioloncy, and m a I conduct ngalnot which nppoared In !he nowapf.pore, nnd tho foot that j chargoa to bo profcrrod against hlin 1 woro being prepared by lawyors. Ho , offered o reslcn when ho cnlltnl on ' Koll. and sr.ld ho wa"bolug hounded I to doath." H.'b most serious troubles began whon Morris Haas, who at- tompted to nBHassinnto Franclu J. Honey, committed sulcldo nt the county Jail, whllo being guardod there by throo of n!ggy'a mon. It Is KHiirrf.llv bollovttl that Dlggy coin m'ttcl tulclde. Knginoor Murphy was tho only othor onoupant of thu , launch o Uio roturn from uoivoaoro, i and Y. did not mlai thn chW until he hni' alr.oat reachod tho city. I INSPECT VESSELS FOR UNCLE SAM BITTER PEELING JNTRIAL LAWYERS WRANGLE IN HAINS CASE (United I'roso Loasod WIro.) Flushing, L. I., Dee. 1G. Tho stnto today sprang n ourprlso on thu attorneys defending Thornton Jon kins, charged with participation in tho shooting nnd killing of William 13, Annls by Captain Potor O. Ilnliis, brothor of tho mail on trial. Justice Crane, beforo tho examination of tnlosmon began, deslgnrtod Janios A. Dayton and IClmor S. Whlto as spo clnl prosocutors to nsilst tho Btnto ot flclaln during tho trial. Thu nnnouncomont brought forth stronuouB objoctlons from Chlof Conn sol Mclntyro, of tho defense. Tho ob joctlons wero ovorrulol nud tho ox nmlnntlon of Vcnlroinnti 1311ns 0. Ulchnrd. a liiiuher dealer, by Proao cutor Whlto began. ICvory quoatlou or wiiuo s wiia objected to ny Mcln tyro, who announced thnt ho would oltjqct to ovory proceeding of tho court In which Whlto participated. As a ro&tilt of tho objections con stant wrnu.'iles botweo noppoRlng control took place, and tho bitter feeling engendered wns uppnreut to tho npectatora During thk morning Alexander J. Ardlne, n plimhor,.of Long Island City, wan chosen ns tho Hovouth Juro'. During n recem of tho court, Chief Counsel Mclntyro nniinunned that Thornton HhIiih would take the stand to toMlf" In his own liahnlf. Mrs. William Annls, widow of tho man wIioko murder tho defendant Is being tried for, arrived today and will remain until after tho comple tion of tho Jury. Sho Is oxpnotod to ho ono of the first witnesses for the prosecution. (United Press Leased WIro.) San Francisco. Dec 15 An army Inspection board, comprising Col onel J. II. Ilelllnger, superintendent of tho army transport servlco, chief onglneer John Donuolly und Cap iiiin Seatt at tho transport servlco. today is completing an Inspection of tho steamers Sierra, Bononui and Ventura of tho Ocean Steamship line with thu probable purchase of thorn by tho govornmont In view. Ono of tho oftlcors admitted Inst night that they wero making nn Inspection of the vessels and would forward the report of their Investigation to the department nt Washington. Tho shipping men of this city be lieve that the government Intends buying the vessels for use In the much-talked lino botweon hero and Panama. The government purchased three vessels In Hoston to. hit used between Now York and Colon, and It Is believed that throo ships in the Pacific will link New York and San Francisco via Panama by a govern ment owned steamship line. It Is rumored that the frequent complaints of large shippers of tho Pacific Mall's Punama service has -:aud tho government's action. .MKH IIAINH WILL NOT TICSTIKY Wlnthrop, Mass., Doc. Ifi. Mr. Potor Ifnlns. wlfo of Captain Potnr Huliirf, whoso brothor, Thornton Jonk'nn Hnlus. Is on trial nt Flush ing, charged with participation In tho killing of William Annls, tnduy said that sho would not go to Now York during tho trial, n sho had nothing to say ugalnst or for her husband')) brothor. Sho tarthor said thnt sho did not know whether sho would testify nt tho futuro trial of her husband. KING EDWARD REPORTED ILL (United Press Leased WIro.) London, Dee. 15. From sourcea of unquestioned reliability, It wan learned todny that tho royal family u physician was deeply concerned over the kin's condition. Thnt Kdward hlinsolf r llr.oo tho gravity of his III noun Is Indlcntod by tho fact that ho Ij rapidly unloading nianv govern mental responsibilities on tho should ers of tho Prlnco of Wales. Tho mo t alarming foaturoi of tho klnif'R ronillMon p.ra thu remmoaYailoo of thou symptoms which preceded hU operation in 1002 Ho suffea much from abdominal pain, and his weak ened physical condition is seon In hla noticeable Iohh of weight. I Tho court physicians havo ordered the'r roval patient to cancol nil on-gagcmoitt... -o - LAYING COUNHH STONU OK KATON HUILDINO Tho cornor stoHo of tho now ad ministration building, to bo known aa Baton Hall, on Willamette University campus, will bo laid with appropriate ceremony on Wednesday, Docoinbor IK. nt 2 30 p. in. The donor of tho building, Hon. A. K. Knton. of Union county, will be prMiont, as woll as othor prominent friends of the Methodist Institution, and tho ccromoulos will ho conduotod by tho local order of Odd Follows. Addreeies are to bo dellvored bv Hlahoi Smith. Hon. It. A. nooth nnd , Hon C. II. Moore. I President I Ionian and the faculty ari atuHnnta will attend, nnd thn In tention Is to make thff'occaslon im iirenslvo and Ionic lo t remomborel In the hi tory of te icnooi. PRESIDENT ROASTS PULITZER SLANDERING CANAL COMMITTEE (Unltod Press Leased WIro.) Washington, Doc. 1G. Asking thnt tho government proioeuto Joseph Pulitzer, ownor of tho Now York World, for llbol upon tho good natno of tho Unltod States, In connection with chargoa of fraud In tho pur chnso of tho Panama cannl, President IlooBovclt today aont a vigorously' worded special moasago to oongro, with which ho (rannmlttod all th records nnd papers concerning the donl. , Tho messago In pnrt follews: "In vlow of tho constant roltorntlon of tho assertion of tho nnsorllon that thoro wan some corrupt action by oi on bohalf of tho United Status govern mont In tho acquisition of the tltlo of llin tfrnnnh rntiuinnv lit thn Pnnnmi cntinl, .1 doom It wlso to submit to congress all tho Information I havo on tho fluhject. "Tho Btorfos woro first brought lo my nttouttnn, as nibllhcd In th in dlannpollH Nowb, which Is 'i!cod b; Delnvau Smith. Tho stories woro suiirrllous, libelous nud false. Mr. Smith Iiiih Hholtored hlinsolf behind the oxcu o thnt In- accepted tho state ments of lh' Now York Vorld,.ownod by Josuph Pulitzer. "it li Idle to say mm inn Known chnrnetor of Mr. Pulitzer nnd lii) pa pur l Hiirh that statements in tho paper should Ih Inllnved by nobody, but. unfortunntnly. there nro thou suns who believe stutoinuiiU thoy bo printed, even though thoy nro In Pulitzer's paper. CoHKrotwinon actu ally hnve been Induced to liitrndu) a rosohitloii with referonco to thoso chargeH." Tho Preoldont then quoted tho iqn clflP chnrgos. as publl'hod, brlnglag In tho nninon of Ohnrlea P. Tnfl, brothor of tho prosldent-eloct and Douglas Iloblnson, hrothor-ln-luw of tho Preoldont. Ho then contlnuea: "lfho stntemeiits wnnetlincs occur red In tho edltorlnl coluinni nnd somotlmos In tho news columns nnd In special conrlbiitlnns. Tlio wick eUnosH of tho slanderers Is Bur paiBoi only by thoir faulty. Tho Inventor of tho Tnft tory evidently .ij)oaod that William II. Tnft was1 oocrotary of war during somo porlnd of tho Pannma cannl purchase. Ho did not 'b-como secretary until after tho transaction wbb clonod. Thn liP'ontor of tho Robinson tory did not tnko tho trouble to nscortaln that ho wan not eoiinoctod with any phase of tho doal No shadow of proof can ho produced to support the stories. Thoy consist of utrong, Infamous llbols. In form thoy aro part I'bols on the Individu als, Iloblnson nnd Taft, for Instance. In fact, thoy nro llbols upon tho gov ernment. "I don't hello vo you Hhould concorit yourselves with tho Individual wrlten of tho artlclea. Tho real offondor 1 Pulitzer. Tho great Injury l tha blackening of tho good namo of tho American people. "It ahould not bo loft for a private citizen to mo Pul'tzor. hut ho shouU In. prosooutod for llbftlliiB tho govern ment. In point of encouraging the lnq"lry of wrong doing, thoro Is no oholi-o botweon u public servant be trav'n' his tnnt than u man gulltf as Pulitzer Is In this Instance. It Is a high national duty to bring thl man. who only so-ln to connect tho government villi wrong doing 6f tho basest and foulest kind, to Justice. Tho attornoy-goneral Is considering the form of proceedings." Tho ret of tho mo-nage Ib taken up with a deocrlptlou of the method of purehA'Ing tho canal. The Provi dent declaros that tho tnoiiuy was paid to the stockholders at tho dlretr .i,,.. nf tii l.'riMinli rnurlH. and th( ' ! story that Amerlerns wero Intorosteil In either the o'd or new Fronch coiu I pany Is declared groundless. All thu !d cumenta In tho case are subml' tod. It was oupgonted by Hqpwelt that If tiingrcst demed. it advjzable, tIt douhtlCM would be poflbloio got 'the nawoi of tho sbaroholdorrfrOin I Franco through tug American .ihub- rrdor.