The evening news. (Roseburg, Douglas County, Or.) 1909-1920, September 06, 1912, Page 1, Image 1

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    ; WEATHER
. -
.Occasional rain tonight
Today's Highest
Temperature, 68
mim suturuay. ...
VOL. III.
ROSEBUKG, OREGON.
l'KlDAV, SKPTKMHKK 0, 1013
No. soa
CASE IS IN THE
HANDS OF JURY
Arguments of Attorneys Long,
Rice's Plea Eloquent
HERMAN'S TALK FULL OF ABUSE
Heaps Abuse And Insults On Tlio Two
College Professors who Testify Iu
lletmlf Of The Suite.
KXTRACrS VllOM ATTORNEY
HKIUIANN'S ADOItUSS.
"You have to try George
Brown every time you try a
criminal case in court."
"If there is one thing that I
try to do when Brown is tulk
ing it Ib to keep track of the
mistakes he . makes and he
makes lots of them."
Referred to Prof. Fulton, of
the Agricultural College at Cor
vallis as "that little fellow
with an Irish face and a pug
nose."
Said of Prof. Shinn, of the
University of Oregon, at Eu
gene, "What good to any com
munity is an over-educated fool
like that."
Called District Attorney
Brown the "King of Pettifog
gers." Said that all people in the
courtroom interested in the con
viction of the defendants were
"hypocrites."
Said that District Attorney
Brown was a "greyhound," and
that Sheriff Quine and his dep
uties were "a bunch of puppies"
and that The Evening News
"was a yellow press with a brass
band."
Called Prof. Shin and Prof.
Fullerton "long headed, over
educated asses."
The celebrated ease of the State
of Oregon against the Roseburg
Brewery & Ice Company and Its five
directors, which has occupied the at
tention of the circuit court and Jury
for the past three days went to the
jury at a late hour this afternoon.
The case has attracted considerable
attention and the court room has been
packed at ench session Including that
held last night.
The State rested about five o'clock
yesterday afternoon and District At
torney George M. Brown took a lit
tle time in arguing points of law
to the court and then made a twenty
two minute address to the Jury, In
which he reviewed methodically the
evidence of this state and parts of the
evidence of the defense.
His ad-
dress was orderly and gentlemanly.
Kllx-rt llerniunn Talks.
The court at six o'clock last even
ing adjourned till seven thirty p. m.
at which time Attorney Elbert Her
mann began his address to the jury.
He consumed two hours time in
furtherance of his advocacy of the
cause of his clients. For the first
three quarters of an hour of his ad
dress he heaped one abuse after an- j
other upon District Attorney George
M. Brown. Sheriff Quine and his
deputies and The Evening News. He
is a master of vituperative language
and he used his powers to the utmost
in bringing Insult upon every one con
nected with the prosecution of the
case. He referred to the prosecutor
as a "weak man" and "a weakling".
In referring to some of Browns
guestions to the witnesses he said
DR. POSEY
Specialist for Eye, Ear
Nose and Throat
Diseases.
EyfsFitiedWith Glasses
PARROTT BUILDING
.fcsiJRG, OREGON.
fi - ,
rv ' : "
"I would resign my office as prose
cutor if 1 had to put the words into
the mouths of witnesses as Brown
has done In this case." Ho frequent
ly told the Jury what he would do if
he were the prosecuting attorney of
this county. He told the Jury that
the prosecutor had practiced fraud
' on the Jury in reading from the artic
les of incorporation of the brewery.
"You have to try George Brown
every time you try a criminal case in
court," he shouted at the top of his
voice, and at another time he bubbled
over with mirth when he said "if
tbore Is one thing that I try to do
when Brown is talking It Is to keep
track of the mistakes that he makes
and he makes lots of them." An
other time he calledthe prosecuting,
attorney "the King of Pettifoggers."
in a dramatic way he said that
The News had been "yellow" in its
conduct in reference to tills case
since tho famous raid on July 3d.
Ho pranced around in front of the
jury box, sometimes yelling at the
top of his voice and at othors talking
iu a whisper.
He referred briefly to the evi
dence of the witnesses, placing a halo
of truthfulness around all those cal
led in behalf of the defense and a
crown of insincerity upon those cal
led for the prosecution.
He charged that all persons in the
courtroom interested in the prose
cution of the case were "hypocrlts."
Once he referred to District Attorney
Brown as a "greyhound," to the
Sheriff and his deputies as "a bunch
of puppies" and to The News as "a
yellow press with a brass band."
To Professors Shinn and Fulton,
men of unquestioned reputation and
ability, he paid his insulting re
spects In such language as "long
headed over-educated asses." At
another time he referred to Prof.
Fulton as "that little fellow with an
Irish face and a pug nose." Almost
In the same breath he said of Prof.
Fulton "What good to any commun
ity is an over-educated fool like
that."
Aside from these expressions
against the prosecutor, the sheriff
and his deputies, the yellow press
(singular, not plural) his two hours
were filled with others along the
same line. He devoted little argu
ment to the evidence, as evidence and
apparently endeavoung to take the
part of an actor.
Attorney Itlco Talks. '
After the address given by Attor
ney Elbert Hermann court adjourn
ed till nine o'clock this morning when
Attorney Dexter Rice, for the defense
began his argument to the court and
to the Jury. Mr. Rice cited a num
ber of cases and authorities to show
that tho corporation, and not its direc
tors, are llablo for the acts of its em
ployees. Mr. Rice suggested to the
court that if the jury found It to be
a fact that the beverage sold was in
toxicating thnt the corporation alone
was responsible, and not the directors
who could not be charged, with the
knowledge of what the employees
made and sold. Jlr. Rice started out
by saying that he wanted to he per-
u'cuy 1,111 l,,n n--uiviv
to the testimony. He took up me evi
dence given by the different witnes
ses and explained to the jury what
value they should place upon It. In
contrast to Attorney Hermann's re
murks Mr. Rice stated "I would not
tear down the reputation of George
M. Brown to win this case." His
speech as a whole was free from any
abuse and what references ho made
to the prosecutor, the sheriff the
press and the state's witnesses were
not filled with vlndlctlveness but on
the contrary-were made In a humor
ous manner which took away any
Biting that might otherwise have at
tached to them. He was given close i
attention by the jury and every one
In the court room. In closing he
asked the jury to attribute any mis
takes that he may have made In the
exposition of the evidence to himself
and not to the defendants on trial.
His last sentences were eloquent and
made the heart throt faster when he
told of the humiliation and shame
that would attach to the defendants In
case a verdict of guilty as charged
was rendered against them. He
paused a moment and then said
"Gentlemen all that we ask of you
Is a fair, square deal for these men
and I know that they will have It at
your hands." As he took his seat
the dropping of a pin could have been
heard anywhere in the courtroom, so
deep was the silence.
j (Continued on Page Eight)
LOOD SPURTED
Convicts in Michigan Peniten-j
tiary Inhumanly Whipped
ARE PUNISHED FOR REVOLTING '
All Men Pnitii-lpiUiiK In Klot At The
Prison Met Like Fate Work
el's Or World Pinned The
Strike.
JACKSON, Mich., Sept. 6. All
prisoners who In any way participated
In the recent revolt in tho State I
penitentiary here were punished by
whipping today. The order was given i
to-"Lush them till the blood spurts," !
and those instructions were carried (
out by guards. The convicts were
brought out one at a time and pun-
,8hment inflicted according to orders ,
01 tne Warden. I
(.'iguntic Strike l"romisoil. j j0hn -Messmaker. Miss Brooks as
NEW YORK, Sept. 6. William D. ! serts that Messmaker Is one of the
Haywood, head
of the
industrial
Workers of
the World, announced,
here today that all members of the
organisation would go out on a
strike Sept. 30 in protest against the
imprisonment of Joseph Ettore and
Alluro Giovannlttf at Lawrence, Mas
sachusetts. Haywood alleges that
Ettore and his fellow prisoner are ; brought to the resorts of West Ham
belng held in Joll unjustly on charge ! mond In violation of the white slave
of murdering
woman during the !
recent strike at the Lawrence textile
mills. " . . -
Hank Statement Called For.
WASHINGTON, Sept. 0. The
comptroller of the currency today is
sued a call for the condition of all
national banks at the close of busi
ness on Sept. 4.
XKAH Ill
icit RESORT
SOLD 11KAL
W1I1SHY
LicenHC In Name Of Man Not 111 City
At Present Indictment
Pending.
The saloon in the George Hoover
building and once owned and operat
ed by Robert Connor, has lately got
ten Into the lime light again. Sus
pecting that liquor was sold In the
place, Billy Eastman generally known
as the converted ex-convlct, in the
role of detective, visited tle place on
August 14 and called for whiskey.
A bottle of the real stuff was produc
ed and without question or com
ment a portion of the liquor was pns
sed out to Eastman who paid for It.
The evidence was turned over to
Sheriff Quine who raided the place
a few days after. On the strength
of the evidence secured at that time
and from what Eastman held, the
matter was turned over to the grand
jury last week. Anticipating troub
le, perhaps, from grand jury invest
igation, the place was closed for a
good part of Saturday.
Investigation developed the fact
that Cox, the barkeeper In charge of
the night shift on August 14, had
been discharged last Thursday. His
whereabouts are not known to the
officers at present. Friday night
business In the resort, so It Ib alleged,
was wide open, and whisky wag sold
without stint to all who had the
price. Lfmas Whltford was said to
be In charge of the place at that
time. Wiring to Joe Call, who was
at Portland, and who Is said to have
purchased a partnership In the busi
ness on August 5, that he must come
at once, Whltford left the city pre-
sumahl Sunday morning. Just
where he is right now Is Immaterial
Call arrived and opened the place
for business late Saturday. An In
spection of the place a couple of days
ago revealed the fact that no retail
near beer license was In evidence In
the place, and a demand to see the
document brought forth the reply
that It was In the safe and the com
bination unknown. Today the license,
made In favor of Lima Whltford.
is posted on the wall. Joe Call, on
being questioned closely, acknowl
edged that he was a partner In the
business with Whltford, having I
purchased an Interest on August 5.
This fact makes him an accessory to
the whiskey selling of August 14.
While Indictments are probable, the
grand Jury ban not yet returned a
true bill against any one connected
with the place.
CHAN UP DIVES
Chicago Suburbs Come in for
Cleansing
MlSS BROOKS CRUSADEFRUITFUL
Offcials ltccotrnizo The Woman's
Fght For Better Morals Itifcco
War liooked For At Princtont
West Va.
C1I1CAG0, Spet. 6. The campaign
recently started by Miss Virginia
Brooks against the disorderly resorts
In West Hammond, a suburb at Chi
cago, received official recognition for
tho first time today when Coroner
I Hoffman, State Attorney Waynian
j and Assistant Chief of Police Schuet
i tier confelred with the vountr woman
collrernnB plans for uni.avolng the
nii'fltprv onrrnnnrili, H, .loot I, nf
victims or KnocK-oun-uropit aamin-t
lstrated In west Hampton resorts. In
conclusion of the conference Miss
Hammond swore out a warrant for
the arrest of Mrs. Ethel Parker, alias
Frankle Ford, charging the woman
with the murder of Messmaker. The
Ford woman. Is alleged to have been
law. Other warrants are expected to
be Issued by tonight.
lUice War Imminent.
BLL'UFIELD, W. Va., Spet. 6.-
-A '
bloody retribution for the lynching, M,aMnn noiei wnere ne remained
yesterday, by a mob of white men. ulUi A,,K,1Bt 30" He left there on the
a negro named Walter Johnson for I ,nttcr dato nnd went t0 the Gran(1
the alleged attempted assault of Nita!hoteI wllero he 8ta,e(l "ntn Ieav,K
White, a 14 year old white girl, Is
threatened today. According to tel
egrams and telephone messages re
ceived here today the negroes .of
Princton are organizing quietly, and
are sullen and defiant. While they
are kepfng under cover it Is believed
that a bitter race riot may be ex
pected to materialize at any moment.
STK A N EH PASSES WORTH-
- liESS CHECK ARRESTED
Day Clerk I In lit or, Of The (.rand Ho
tel. Endorses Chock And Must .
Make Ciood Tho Amount "N
Officers Pursue.
Representing himself as a travel
ing salesman and giving his name
as R. L. Wyatt, a stranger yesterday
sucretded in pursuadlng Day clerk
Hunter, of the Grand hotel, to en
EXPERT FOK DEFENSE. ;proiianic tnat the prlsonor will bo
; brought here this evening in the
In yesterday s Issue of The ! event Mr. Hunter Is ahte to Identify
News It was stated that Mrs. jhlm as the person who presented the
Dr. Hampton, of Portland, was check to him for endorsement.
called as a witness for the State.
This was h typographical error Joel J. Sehmltz and Miss Joseph
and should have read thnt Mrs. , Ino Hunch were quietly married at the
Hampton was called by the do-
fenso. Tho error occurred In
the late rush of court evidence
of tho trial of the Roseburg
Rrewlng & Ice Company nnd its
five directors.
Hair drenHlnn, Manicuring,
I lair and . Scnlp Treatment,
Facial MoaMfte.
r - n
Salem, Ore., Sept. 6. In an
Interview with Roseburg resl-
dents this morning. Governor
Oswald West said he had pre-
pared a petition asking that the
city license granted the Rose-
burg Brewing & Ice Company be
rejected. This, petition, ho says,
will be submitted to the city
council for consideration at the
next regular meeting which oc-
curs on Mondny evening. "In
tho event the Mayor and coun-
ell refuse to act upon this pe-
tltion I will find out the reason
why," said the Governor Iu con-
elusion. Governor West says he
has evidence at hand where-
by he expects to annul the chart-
er of the Roseburg brewery
without the least difficulty.
This proceeding, he says, Is In
tho hands of District Attorney
Brown who has been requested
to act as soon as ho disposes of
the case now on trial in the clr-
cult court. "In an interview
given to the Portland Journal
yesterday, West sayB: "Let the
breweries tend to their own
business their business is
mnklng beer and not running
the country and breaking the
laws."
dorse a worthless chock In tho sum
of $12. This check was later passed
on a local rbsturnnt by Wyatt, aftor
which the, latter left town.
Wyatt first arrived iu ' Hosolnirg
on August 23 and registered at the
town sometime yesterdny. Appearing
in the office of the Grand hotel early
yesterdny morning, Wyatt accosted
Clerk Hunter and asked that the lat
ter endorse a small check In order
thnt he might liquidate a few minor
accounts .contracted' 'since driving
In the city. Thinking that Wyatt
was on the square, Hunter endorsed
the check and the same was later
honored by the Roseburg restaurant.
When presented at the bank last
evening the chock was branded as a
fraud and returned to the owner of
the restaurant. The check was
drawn on the Douglas National Dank,
of Roseburg, and was purported to be
signed by L. C. Miller. Sheriff
Quine was notified following dlBcov-
i ery of the forgery and an hour later
j had a man giving his nnmo as Wyatt
i under arroHt at Eugene. The Eu
j geno prisoner claims that he Is ln
; noccnt of the crime, however, and
1 Rfiy8 1)0 ,B being followed by a man
5 who Is as.su nilii g his name. It Ik
parsonage of tho Christian church,
j In Rosehiirg, on August 29. The
) ceremony was performed by Rev. J.
j N. McConnell. Tho couple have gone
to California on a woddlng trip and
will not return here until about Sep-
tembor 20. Thev will reside on RhnH
street.
Swell Line
Tailored and Dress Hats
Swellest Line Ever
Shown1 In Roseburg
Prices Very Reasonable
THE LEADER
ORDER SALOONS
In Portland Depot to Close
Their Doors
MINERS PROTEST ACAINSTGUARD
TIkhimiihIs Of Men A.sMMtibUi At SUito
Cnpitul To Participate In Popular
Demonstration Aitgtttst
Owners,
PORTLAND, Sopt. 6. Governor
West today sent letters to the three
Baloon men conducting resorts In the
Oregon Electric building In this city,
notfylng thorn to close up their liqu
or shops. The demand was made on
the ground that tho resorts are a
public nuisance. He also notified
Welnhard's Brewery not to sell theBe
places any more liquor, and the gov
ernor Instructed Special Prosecutor
Esterly to procede In action of law
ngainst the men. West said that he
would use more drastic measures to
close these saloons If this warning did
not suffice, and it fa supposed that
the governor will send the militia to
tnke the places if they are not closed
at once.
Minister Entera Protest -CHARLESTON,
W. Va., Sept. 6 ,
Ton thousand mlnevB from the Paint
Creek district, augmented by ' hun
dreds of business men and mountai
neers poured Into Charleston today to
participate In the demonstration
agnlnBt the employment of private
gunrds by ownerB of mines affected by
the strike in the Paint Creek country.
Mother Jones, labor b foremost yo
man lender. Btlrred deeply by -personal
Investigation of alleged brutal
treatment accorded miners wives and
daughters by detectives In employ of
the mine owners will lead the parade
tonight, which will organize at the
capital building. She will plead with
Governor Glnsscock not to allow pri
vate gunrds to return to the Paint
Creek District.
LOST PURSE Contained 10 gold
niece and some silver. Finder
please leave same at News Office.
Good reward offered. si 4
WANTED 60 good breeding ewes,
Shropsh!res: praforred. AddreBB,
E. A. KruseItt. 1, Roseburg, Ore.
tf
WANTED Hy responsible farmer,
to rent nnmll ranch on shnres. Ad
dress Geo, L. Hall, Edenbower,
Oregon. s-14
iritY RETIRES.
Tho Jury In the celebrated
cane of the State vs The Rose
burg Brewing & Ice Company
retired at 3:40 o'clock this af
ternoon to deliberate .Al
though the prosecution Is hope
ful of securing a vordlct of
guilty there are many who pre
dict thnt the deliberations of
the Jury will result In a disagree
ment. This prediction Is shared
hy the attorneys for tho defense,
who at no time expectod a ver
dict of acquittal.
TO-DflY
of Eastern Hats