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FAIR PROGRESS BEING MADE IN
THE HICKS’ CASE-INDICATIONS
APPEAR FAVORABLE FOR DEFENSE
Special Proscutor Davis, for the
state, made the opening address
in the Ilieks case the day follow
ing the final acceptance of the
jury. Mr. Davis said:
“ Although it has been asserted
that I am here under instructions
to secure a conviction of this man
under any circumstances, I want
to assert that it is not a fact.
The unions have issued no instruc
tions to me of that kind. If this
man is shown to be innocent, there
will be no falling out between you
and me if you do not convict him
of murder. We are here to see
that justice is done; we are in the
fight not in a vindictive spirit, but
for the protection of society.
“ I am not very favorable to a
first degree verdict that means
the death penalty,” he said. “ I
am not bloodthirsty. I am satis
fied when a man is put in the
penitentiary where he can reflect
on his crime and make his peace
with God in after years. How
ever, you are sworn to do your
duty and return a verdict in ac
cordance with the evidence.”
The attorney showed a very
fair and liberal spirit. In outlin
ing the case for the state, he said:
that Hicks was the aggressor in
the fatal fight on East Morrison
street November 5, and became
enraged when Wortman referred
to him as a “ scab herder,” and
after attempting to strike him sev
eral times finally drew an auto
matic pistol and shot him. Davis
named O. B. Raser, John Batruba
and Euegne Huber as the com
panions of Wortman at the time
of the fight.
He said that several witnesses,
including James Bourne and two
clerks in Markell’s store, would
testify that Hicks was the ag
gressor.
Attorney Malarkey told the
jury that Hicks acted in self-de
fense in turning his pistol against
Wortman, and that he had been
driven to desperation by the con
tinual abuse and threats of the
picketers.
The machinists’ strike began in
June, 1910,”
said Malarkey.
“ The shops of the city were
picketed from the first vuider gen
eral orders from the strike com
mittee. The picketers soon aban
doned all pretext of moral sua
sion and grew rapidly more ag
gressive, turbulent and boister
ous. The men at work in the
shops were always surrounded at
quitting time and reviled and
threatened by the gang o f union
men. Wortman was an active
picketer; his face was always
conspicuous; he was always on the
job. We will show you that the
other iron works and machine
shops in the city were left in
peace for long intervals, but that
the
crowd
never overlooked
Hicks. We will show you that O
B. Raser, picket captain, had an
object in view in persecuting
Hicks.”
An altercation arose over the
exhibition to the jury of an au
tomatic revolver, said to have
been the one that killed W ort
man. by Mr. Malarkey of the
defense, and it was ruled out.
This led to a mix-up between
Deputy District Attorney Fitz
gerald and Attorney John F.
Logan, for the defense. The
“ short and ugly w ord” (liar)
was passed.
Both attorneys
slipped out of the courtroom into
Judge Gatens’ chambers. An ink
bottle, hurled by Logan, struck
Fitzgerald in the jaw. It ric-
cocheted and crashed through
the glass door of a bookcase. It
shed its ink over Fitzgerald’s
visage and shirt as well as over
Logan’s hands.
Malarkey stated that the union
men’s tactics
had
long kept
Hicks in a state of nervous ap
prehension. almost amounting to
prostration.
He showed that
Hicks was a man not accustomed
to the dictates of unions and that
he had a right to conduct his
business in his own way. He re
counted how it had been neces
sary to send his men home for
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PORTLAND, OREGON, MARCH 23, 1912
Vol. I. No. 23»
months under police protection
daily. Conditons became so un
bearable that Hicks requested
Captain Baty to allow him to
carry a gun for self-protection
and was told he woidd not be
arrested for so doing.
Malarkey wanted no comprom
ise verdict.
He wanted either
conviction of murder in the first
degree or full acquittal.
W. Dorres, a furniture raaii|
called as a witness by the state,
testified as to having heard a
scuffle between Wortman and
Hicks preceding the shot which
caused the form er’s death. The
defense contends this advanta
geous to Hicks, as proof he acted
in self-defense.
Dr. W. W. Bruce, who attended
deceased prior to his death, tes
tified. He performed the autopsy
on the body. He found that the
bullet entered the left side and
tore its way through the body
about an inch in front of tin»
spinal column and became im-i
bedded within an inch and a half
of the surface on the right side.
There were a number of tilts
between the opposing attorneys,
but no missiles were thrown.
Court adjourned at the close
of last Friday’s session until
Monday, to allow Judge Gatens|
who is judge of the Juvenile
Court, to preside at the session of
the latter on Saturday.
Tuesday proved a very favor
able day to the defense. Patrol
man Bunn, who arrested Hicksi
when examined by the state
proved a valuable witness for
Hicks.
There were frequent clashes
between the attorneys, each side
accusing the other of pettifog
ging.
At the coroner’s inquest Earl
Griffin’s testimony made him a
material witness for the state, but
when placed on the stand Mon
day his testimony weakened the
state’s case considerably.
Bitterness of feeling and ascer-
bity o f temperance marked the
progress o f the Hicks case, from
day to day, and frequent wordy
clashes have taken place between
the attorneys.
Even the most!
fair-minded person can readily]
see that the case is apparently i
one prosecuted by the machin
ists’ union with the desire to se
cure a conviction at all odds.
Last Wednesday Attorney Ma
larkey forced the statement from
O. B. Raser, a witness of the
(Continued on Page Four.)
Prominent Figures In Great
Britain’s Mining Strike
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HAS BULLY TIME ALL BY HIS
LONESOME IN A BOOZE JO IN T -
RINGS UP DRINKS ON REGISTER
Frederick Craig had a bully
tiiue in a Burnside street saloon
one night last week that cost
him a headache and a fierce ease
of katzenjammer next morning.
He conceived an ingenious idea,
and it worked. He managed to
secrete himself in the boozorium
late one night and he was over
looked and locked in.
“ In the cold, gray dawn of the
morning after” he awoke to the
opportunities he was missing. Ho
hiked behind the bar, where
without let and hindrance, he
sipped all kinds of stimulating
fluids. Pretty soon he began to
feel the effects of his cumulative
jag. The joy of living was too
much for Craig. He was drunk
and he evidently didn’t care who
knew it. After each drink he
began to ring up the cash regis
ter. The drinks came faster and
faster, and the cash register kept
up such a clatter that it sounded
like a whole battery o f Swiss bell
ringers.
Three lilueeoats heard the cash
register chorus, and investigated.
Craig felt that he was out on the
heaving ocean, and thought the
barroom was a vessel responding
to the swell. Quite naturally he
shouted, “ Ship a h oy!” when the
officers grappled, took him in
tow and he finally east anchor
in the city jail. He was full
clear to the lee scuppers, nor
were his hatchways battered
down. In fact, he was too full
to he bailed out— at least no one
undertook this kindly office for
him. He was invited to attend
a reception tendered him by
Judge Tazwell, hut was unable to
accept the honor, so the social
function was called off till a later
date.
MODERN NEBUCHADNEZZAR WITH
“ DOPE’’-A C ID BURNS HIS P A N T S -
COOLS IN WILLAMETTE MUD
“ Dope”
makes
people
du
strange things sometimes. One
A1 Gregory last week got pos
sessed with the hallucination that
he was a cow or something of that
sort. Assuming that he was •*
quadruped instead of a biped, ho
got down on all fours at the foot
of Nebraska street, and began
prancing around in the grass.
Officer Bales began to investigate.
He was surprised to see Gregory
enact the role o f Nebuchadnez
zar. He buried his face in the
succulent green and bit off large
mouthfulls.
Y the strike of 1.400.01X1 coal miners Great Britain has been brought to
The cop thought this grass sal
the verge of panic. The men left their work because tbelr employers ad was a new idea and drew
B
near. Gregory cut short his
vegetarian dieat and “ lit out”
towards the river. About this
time a bottle of sulphuric acid
in his hip pocket gave up its
contents and the industrious
chemical immediately got busy.
His trousers were ignited and the
acid begun working on his skin.
To cool himself he plunged into
the river and calmly sat down in
the mud. It required consider,
able muscular persuasion by the
officer to jar Crosby out of the
“ goo,” and he placed the charge
o f having opium in his posses
sion against
the muncher of
grass.
refused to concede their demands, tbe chief of which was the establish
ment of a minimum wage scale. The cutting off of the coal supply
crippled the railways and manufactories and raised the price of food. The
government made strenuous efforts to bring about peace between the mine
owners and operatives, the premier promising the latter to Introduce a bill es
tabllsblng the minimum wage If they would return to work. Many of the
miners treated the strike as an occasion for taking holldny trips or attending
football and pigeon flying matches In the negotiations which were carried
on the representatives of the miners' organization were Its president, vice pres
Ident and secretary. Enoch Edwards la member of parliament!; R. Smlllle and
Here is the sort of stuff the I
Ten members of the Portland
T. Ashton Others who participated were Sydney Buxton, president of the
board of trade, representing tbe government, and Sir N. Llewelyn Smith, rep W. W. and Socialists handed out' Realty Board, headed by George
at a meeting held in front of the B. Cellars as spokesman, called
resenting the mine owners.
M ayor Lew Shank, Foe of
Middlemen, and His Wife
CLASH BETWEEN
UNIONISTS AND
CIVIL OFFICERS
BARRE. Mass.— Several shots
were exchanged between strikers
at the Baare Wool Combing plant
and civil officers here. Half a
dozen men, all Italians, were ar
rested.
The clash followed the removal
of some cars from the plant.
Without interference the train
moved up the track, but suddenly
about 20 strikers surrounded and
attacked half a dozen officers.
Reinforcements were sent, but
meanwhile persons concealed be
hind a building opend fire on the
officers, who returned it.
A bullet grazed the face of an
officer, another scarred a police
man’s back and a third passed
through an officer’s helmet. An
other policeman had his head
split open by a club and others
were hurt by stones.
The riot quickly was quelled
and the streets cleared.
On man managed to escape
from the officers after he had
been severely clubbed.
The Fall River, Mass., Textile
Council, representing 90.000 op
eratives. announced it had vir
tually rejected the 5 per cent
wage increase offered
by the
manufacturers and demanded a
flat increase of 15 per cent.
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•’'ce 5 Cents
P h o t o b y A m e r ic a n P re s a A s s o c ia tio n
AYOR LEW SHANK of Iadlanspoll*. accompanied by Mrs Shaak,
recently visited New York to deliver an addressa In Cooper ITnlsa
ami to observe market conditions In the metropolis. He said after
visiting some o f them that the markets of New York were a disgrace
to the city Speaking o f the experience which be had had with tbe middle
men—to be more explicit, with the commission men -o f his own city, the
mayor said that there were three ways of getting money-through work, girt
sad theft and that the Indianapolis commission men did not get their money
by the application of the first two methods Mayor Shank has won country
wide fame by his campaign to bring the farmers In tbe country surrounding
todlanapolls In tosch with the ultimate consumers of their produce, sad last
fall and this winter be succeeded la lowering prices considerably, la sev
eral c a a a , acting as salesman la the public market and enabling the farmers
to dispose of their fruit, poultry and potatoes without the latorventleo of the
commission msa of the city.
M
RANTERS BECOME HARD PROBELM
DEFIANT-PLANS
FOR THE MAYOR
TO OUST THEM
TO FIGURE OUT
courthouse last Sunday, in which
the Spanish War Veterans were
defied and called cowards:
“ The most of us arc men win*
are willing to give our lives for
our cause.” said one speaker
“ We have no home, no families
and nothing to live for excepting
our cause. If we have not enough
men here to handle a fight, w,
can bring more here from other
cities in Oregon. If that w on’t
suffice, we can get more from sur
rounding states. If they are used
up. we can call help from East
ern states, and we can augment
that number hv calling for help
from Europe if necessary.
As a prelude to his speech ho
informed his followers to hw
ready for trouble, and instructed
them in the proper procedure if
anybody “ started" anything.
“ If only a few come to break
iqi the meeting,” he said, “ don’t
use violence; just escort them
out. If they come in force, just
go to it and floor them as fast as
you can. I think we are a pretty
good class of fighters, and I ’m
sure all will do our best.” Great
applause followed and spurred
the speaker into more fiery
words.
“ W here’s the Scout Young
Camp?” he asked. “ They were
going to lie here. They called 11 s
cowards. Who arc the cowards?
We are here ready for them, and
they are hiding out. They are
the cowards.
“ If there are members o f the
Scout Young Camp in the crowd
1 wish to inform them that wc
are here ready for anything they
want to start. And we will he on
this very spot every Sunday aft
ernonn until we are victorious in
our fight.”
('apt. W. C. North, a member
o f Scout Young Camp and a <-an-
(C o n tin u ed on P»*** T h re e .)
upon Mayor Rushlight and pro
sented resolutions passed by the
Board. He said:
“ Your Honor, we are here as
representing the Portland Realty
Board, consisting o f some 900
members, to ask you to give seri.
oils consideration to the question
of suppressing these so-called
soap box orators, who are block
a«ling our streets, are reviling all
departments o f constituted au
thority; who are reviling you,
the Mayor of the city; who are
calling the police cowards, who
arc insulting the President o f the
I nifed States, who arc insulting
the flag of our country.
“ We come here as represent
atives ot the Realty Board, con
sisting ot some 900 members. No
body would do more for union
labor or the laboring man than
we would. Nobody believes more
strongly in freedom of speech
than we do, hut we do protest
against the infamous denuncia
tions against all forms of govern
merit which these fellows utter
\S c want, it stopped. We are tax
payers and help support the po
lice departmnet, and if this de
partment cannot handle the sit
nation we would like to have the
authorities devise some other
means for supressing these street
speakers who shout treason, de
nounco everything and every
body and even try to incite their
hearers to violence and crime.”
Other members spoke their
condemnation.
Camp Scout Young, No. 2
Spanish War Veterans, adopted
these resolutions for presentation
to the mayor:
“ Whereas certain persons have
in the past and are still confirm
ing to make pubiu addresses in
the city of Portland, in which
they openly insult the flag of our
(Continued on P»*e T hree.)