1 1 1 i r i i i i t i h
P
! !i II I!
II i I M I M f
'7
VOL. XI
LA UKAMUfcl. VibUiS UOUiYi UKEtiON.
FRIDAY, JULY 29, 1910.
NUMIJEU2J1
'mi
' . .
5H1E HESIS
1.
omufli
Ell! LIOUQU
Ilftfllf
K1IDEI5EI5
DEM
FLASH LIGHT PICTURE OF DRUG
STORE INTRODUCED BY THE
DEFEHSE AS EVIDENCE
;
fQRCAN EBAY AND ViORSTELL
- . f
BE GALLEO TO THE STATiD THIS L10RFi;nG
IH CSllED ACCOMPLICES V
--. . ,
introduction of a flashlight photo
graph, taken last evening by Photog
rapher Rltter. was the first evidence
introduced by the defense in .the
Newlin liquor case late' this af'.u'
noon, following the rest by the sta'-.e
and over-ruling of a motion for a non
suit. The court's ukase regarding tn?
non-suit came at 2 o'clock, and tb.
defence proceeded with its eviden
The photograph was primarily :i
fchow the court and jury what vtnv
could be gained of the interior of the
rug store from the positions in ihe
s leets. where Porter. yorstetl and
0;ay said they-saw the purchase of
liquor. - " ,
It Is apparent that the case will liV
v to the Jury until "tomorrow morn-
A crowd was on nana tms morn
ing with the calling of circuit court,
to continue the trial of Adolph New
lln, charged with Illicit sale of li
quor. The case was picked up at tin
point whereMt was broken off by ad
journment of the evening session last
nlS-U and Detective Ben Morgan was
again on the stand.
"Attorney Cochran opened the day's
; proceedings with the question. "Who
arranged the meeting In the Corpe
building!"
"Worstell and I.' I don't know how
was no dispute between us as to col
lecting wages twice. I worked -for
Thorough & Houser herding sheep on
Snake river Blxty or , eighty miles
from the nearest ton. I owed a debt
of forty dollars to parties in Port
land. Thorough made a trip out ot
town and was to send that amount
td the Portland parties. He turned
over $40 to a Mr. Miller. When I quit
work I was paid up to date less than
$40. Three months after date the
Portland party said the money hadn't
been received. I then herded sheep
for another man and didn't see Thr.'
ouzh or Houser for another year. 1
actually got my pay two and a ha!
years afterwards in the form ot u
order left In the bank, at Enterprise
will. raiwlnf' Wdcn PVPral mWltht
iaser, In The Dalles. got a letter
from, the bank at Enterprise that thi
. i I monev was there. Thorough & H JUS-
r.nnaMore1 thflv naid m tWO tllUPS.
Vlrpulat was In the store the first! vn .Ws . was connected with the
time I was In the evening. I saw a; case. I was never accused of steal-
man, and I Judge his wife. I don't ( ing a horse.' District Attorney 1 Van
recall any others during the first 'hoe asked if Morgan was acquainted
transaction, and I don't recall any wjta wood Berry. .. -"S
one being there during the , second . aw the defendant at Eerry
transaction. " l ' ma , anA with him. Berry
ONLY WITHESSES TO
"I 'have heard things to that ef
fect." He also stated: "I didn't know
how they stood but guessed they were
prohibitionists. When asked who had
the list, he answered, "Morgan."
The bottle of whiskey was then
shown to Rev. Gray and asked wheth
er he would know the bottle without
tie label, and was asked If he had not
seen thousands of whiskey bottles
like that, answered: , .
: "No, I might have seen a half doz-
I could not tell where Gray and
Worstell were after I went In the
store. I saw them next near the
side door. Mr. Newlln, as I recall IN
didn't say anything when I called for
the second bottle. He went behind
the curtain and brought out a bottle
from behind "there as though it were
all ready wrapped up. I didn't ice
Virulat in the store when I boasil:t
the' second bottle. I got that partic
ular bottle over the counter, this ; Is
my story approximately." .
t Tn AHliastt AvaminoHnn hv Hi a-
trlct Attorney Ivanhoe, Morga safd:
"The counter came about to the
middle "of Newlln's chest and his tody
above that was exposed wheh I pur
chased the bottle.
"The grip was always locked and I
had the key while the grip w.s in in
Knks
.'I had conversation with" the sher-
:r; before I gave hlra the list in re
lRtion to It It was my suggestion
and the sanction of the sheriff
"Did you offer any Inducement to
1
: "Worstell and I. I don t know now . the herfff gnd wUh regard8 to ,thl9
It was arranged for Porter and Gray. ( HBtr (A long argument by the at.
I don't consider we entered nT;torneyB followed.)
agreement to try and get the defend- when l flrBt approached the
sronV th law. We arranged . ... T . ,v .v.
Ub vw M.-v P UC I lit I UUUCI DLUUU lUill
how I was to enter the. ding store, tleg had before glven a jjBt to the
and how they were to watch me. I BhepIf T flgkeil hlm lf he wouid 0b-
went out of the store, and the defend
ant wanted to know It I was the lei
lnw that was nushiue this oe
dun't. remember how the conversa
tion was opened. He said he didn't
know how he passed out thU liaaor
flier the trial he Just got out of. He
spv-ke of costs and atated that ho a 1
T.een taught to take his m jtV.ciii"
when he aot into trouble. I told him,
an a man. he ought to quit it, and if
I had any assurance he would quit
the business before the Indictments
wpr served. I would not have serv
m.A tVim T colli T Would dO all I
cu mn. - ,
could for him, or words to that effect
n,,-..,, ouVuH m tn meet Newlln at
I J ccjnvjj " v- ,
that place." ,
t.. r,.n.F waa repntfpft. ."Here ia
rvev. Kjij ww
mv mark 'X' on the bottle of whli
key.' I put it on In my office -June
in marking a series of bottles air.
Morgan market It. 1 saw him mirk
out the 4 and put 5 on it. I didn't
see any other marks put on the corK.
T know others marked It, but don't
know what it was. I have made m X
like that before. It was my particu
lar mark at that time. I think it is on
other bottles. Others could make .n X
' He was asked if he was willing to
pvear that It was the same bottle.
' think It' Is the same.' The cork
is 'he same, but Morgan had the bot
tle In his possession since June 1. I
saw Morgan write on the wrapper that
was pasted on the Cork." c
When asked If "the contents could
have been changed, he said:
"It could be, but It was the same
cork." '
The list presented to the sheriff
was asked for by the counsel.
"Is this the list you wished se
lected to try the defendant?" '
Yes." ;.A' ,
"You proposed sone?"
"Yes, Worstell knew most of them."
"You wanted them put on the
Jury., 1 ; , ; '' ' .'. ""l
"Yes." ; ." I-'-.."-
The list was then marked for iden
t'fication. i .
On re-direct examination District
Attorney Ivanhoe asked:
"Did I. of Judge Crawford, who Is
pssistlng me. know anything about
1Mb list, which. wal gjven to the sher
iff and Introduced as evidence here?"
No- '. . ;.
W. A. Worstell then - took the
stand, -and stated that at a meeting
held in the Corpe block. Morgan was
examined and found to have no liquor
on Me person and , was watched on
bis way to and from tha
Ills testimony differed from the two
previous witnesses In the position
they" occupied while watching the al
leged purchase of liquor from New
lln's drug store. The rest of th
w w wav ivg-
timony in regard to sampling and lab
eling the bottles was corroborated.
'-'What object waa there in 'taking-a
list in advance for selection of names
for Jurors?"
'I have heard 4nsinuations that of
last part of an envelope and we J
marked it. It has been in my pos-1
tesElon since. The contents have not
lc ett changed. I saw that bottle on
Jur.e 1, at 9:30 p. m., and got it from
Ad'ilph Newlln for fifty cents, and It
has been in my possession and the
seril is the same as put on that night.
Identify It by the numerals on the
('. and seal.".
The Hnttle was then marked for ex
hibit by the court stenographer, the
cork was removed by Morgan and the
bottle given to the jury as evidence.
Morgan added:"
"I have worked la Wallowa and had
trouble there. Then I went to The
Dalles, then to C'lago. I have known
Newlln since last March; I met Rev.
Ellis la June: I was in the city Ap
ril 12, then went to The Dalles. 3
came back on June 1, on my way to
Wallowa and went there June 2 or .
1 think I had a chat with Newlln on
April 12. near the curtain In ; the .
drug store. I waa behind the curtain
some time in March. On June 1, T
net Newlln four or five times." ,
When asked If anyone outside ere
watching, he answered:
; "Yes. I met Worstel June , 1 .at S
). m. M. Vurpllat directed me to
him. I was talking to Vurpllat in be
half of law and order and he directed
me to Worstell I came here in the
interests of law and order and my
work Is of my own accord. I am
n-.U looking for a Job and not trying
Iti find someone to aiopt my "schemes
and plans. I will not get many dol
lars for the services in law and or
der league; only expenses.
The court waa then adjourned un
i Ml 7:30 last night and convened al
7:40 with Morgan again on the stand.
Attorney Cochran commenced:
"I want to know how much you
get for your services."
'Actual expenses, I Including board
carfare, cost of 'fcooKe,' and erpenHes
of uartles assisting mo. No arrange
ments are made for anything above
expenses. I never, opened, negotlat
tlons for law and order with Worstell
I don't know E. "B". Morelock' '
PAQQCHP.Cn IQ
I ilUULIilUl.ll 10
pninnm nnun
Ullll i Lll OlilG
cram
I WIRELESS TO IMTED TKESS
t'APTAIX OF MOXTR0SE
IS POSITIVE
LISEELlSEinGHliDBili
WItk Boy" la His Custody (rlpiea
U Jierreus While Crossing the At
lanticDoes not Know lie Is Sua
pected Girl-boy Seems Jfertons and
Gay Alternately Ifa Qnentloa as t
Identity. , . ; ' ' ' !
Montreal,' July 29. "Robinson la" as
suredly Dr. Crlppen, and, his Bon J
Mile. Ethel Leneve. Crlppcn attempt-
eil tc disguise himself by shaving hU
mustache. His companion tried to
hide her identity in the garb of a boy."
Signed) Captain Kendall.
In a special to the United Press tb
captain continues by Baying ha 'I'st
'uspected the couple when the stern
er h"ed. He says he was fully nc-
quaiuted ,wlth the case and now
citain there is no doubt as t hs
identity. He says the couple il'i not
know they are suspected and are al
lowed every liberty. bu(, are closely
watched. Hi says Crlppen teads al
most constantly, seems nervous and
Bleeps but little. The girl is some
times gay and sometimes worried.
They don't suspect' the 'police are
waitl' for them atv Montreal, vhen
the -y. land, at jntfaishwonht.
other bottles, otners coum ouu ' v .
?ike that, but by the way I put on. have not done their duty in
Tcolu identify it. I am willing to1 I. tb.
recall several things In the store, In
cluding the counters, glass case,
iponga rack, about as high as the
average man's head. I dealt over a
counter about as high as my should
ers, which la about four and a, nan . ake thlg Dubuc x a88ured him
. feet, approximately. I was standing . j dldnt have the Jn
by the counter In front wnen i pur
chased the liquor, a Uttlo to the left,
about ten feet off, straight in front of
the door. I was five or Btx feet to
! the right of the cash register, as I re
' call It. I didn't transact any business
at the time I bought the liquor near
.been changed. I "don't think U -ulil
sheriff, I aBked him if he would ob
Ject to consider the list of names of
lurors that had to be called. I knew
It was a hard matter to rustle Jurors
He asked me lf I had a list there. I
utit 'Nr. tta until h did not want be changed.
W. A. Woratell . itecaiieu.
Intention. He told
me 'all right' or words to that ef
fect. When I presented the list he
Bald, 'This Is the list of names?' I
have a slight personal acquaintance
with one man on the" list,' F. H.
Green.
"Gray and Worstel were present
1 . . .. - i U h. h.i-iu names on this list as aood lurvmen
nwpar that tne corw " ii,v- " . .
17 that time or one like it. I dilut I Rave Morgan a list of the names: 1
see the bottle after I left. I .don't know all but one. They are not all
n.L th contents of the bottle ha. Prohibitionists. All of them want to
...... a v..- ..... . ,
I
: tha cash register. On the counter . t. ., t . mftde t a8ited Gray
' where I reached over to buy the 11- and Wor8ten to select names that
! qaor, I don't recall whether or not would make good jurors. Gray se-
there was any merchandise plied up. lected BQme and worgteli more. They
it was passed over a counter with toofc & teiepnone directory to assist
' poods on it or some framework. I re7 them n m&Ung the list. I wrote the
r lH Ua mv Kahlnn
names as they were suggested and
' a. iL
for one entrance. I winn i goi me and or4er league and similar 'lodges;
the counter. There are two curtains
' "In the study I marked the cork
and Morgan marked it too. This Is
my 'W' put. on numerals. I think oth
er marks were1 put on. The W is
made with my pen. It is a print. Oth
ers could make.it the sam.e I had
seen the bottle until yesterday." said
Mr. Worstell when recalled.
State Best Case.
At this point the state rested its
case. The derense immeumicij
pA for a non-suit on grounds of liiRuf
flclent evidence and that the state
witnesses were accomplices of the Ac
fendant. " Arguments were broken by
the noon recess.
liquor by the cash register on the
purchase, and the Bame circumstances
that pertained to the first sale. This
took place near the register
they were later scratched off the list.
"I worked for parties In Wallowa
ten years ago and didn't get my mon
ey until two and a half years ago. I
v jiiuvv - w . t-y u mil iwu auu a- uaia jvi
"My Idea of going In immediately h . trouble C0Hectlne wages.
and buying the second bottle was to AD0Ut tne time of the Indictments
show the witnesses what a wholesale j WM talklng to W. W. Berry in front
business was going on in me nquor of hJs gtore
A. W.Mft
business there, l inougm mi
would be enough times to show the
witnesses that though perhaps not
Belling to everyone, there were a
eood many people who pot it. The
:..faqt that I could go in and buy with
Recess was taken and on redirect
examination. Morgan testified
"I didn't know who was president
lAST SIGHT'S F.TIDENCE
Worst'!! and Morgan Chief Wltncf
at Last Sight's Session
At the time the Observer went to
niPHB yesterday afternoon Rev. Gray
of the Baptist church, had Just given
pvldenre substantially, corroborating
that eiven by Night Policeman Por
ter and stated that he, Worstell. and
see the law enforced."
"Didn't these men alve Insinuations
that the law was not being enforced?"
"One or two of them may have snld
so. . That is the reason I suggested
that it was my desire that they be
Jurors.' , ,
? Then Ben Morgan,, the, detective.
was sworn. ."I am twenty-six years of
age: my home Is In The Dalles; I
was In the city on June 1; I taw
Porter. Worstel and Gray : In the
Corpe building. They all searched me.
end found that I had no liquor on me.
V.'e went to the street, Porter ahead
on the opposite side of the street.
Gray and Worstell behind me. 1
went to the rear door of Newlln's
drug store. I was In the drug store
two times." '
. - When ? aBked what happened the
second time, stated:
"I bought a one-pint bottle of whis
key from Adolph Newlln, paying him
a ; fifty-cent coin., The bottla , was
wrspped in plain paper and I pufr 1'
! my left coat pocket, went out a
ibe side door, and went iUrsctly t"
;e study at the Baptist chi roh. T
had not changed the.contenta of thp
bottle.-. The cork was then taken out
. While .waiting for forelock to enter
the room, he continued." "I atfided
VArHiwBntern Medical College- five
months, and was In Rush one year
Adnrntton U not finished. I have
.'j -- ---- -
a two-year course yet." . ; ,
Morelock was brought In at this
time, and Morgan said he did -not
think he had ever 'tnet him in Henry
Badger's saloon in Elgin on the last
of March
"Did you not talk with Morelock lu
Badger's saloon confidentially, but
with others in the rdbm. outside of
bearing distance, and did not ask him
'Do you not live in Portland,' and
talked of the weather, and Btated, 'I
am a detective?' and was asked by
Morelock. 'What are you on?' aud re
plied. ' am after some guys and ex
pect to make a stake on H7"
Morgan replied: "I did not have
such a conversation, and if I did meet
him it was only as a parting glance
an von might say.
."Are you acquainted with W. W.
Berrv of this city?
"I think not." He afterwards re
membered Berry.
said: 'If this list is of any aid, use
lt we would be glad of it "It waa
given to the sheriff In the lobby with
only the two of us present."
."Have you not previously sought'
the privilege of the sheriff to hand' -the
names to hlm.'and did not Fraw-'
ley and, Undgren see you give It to
the sheriff?" - - J
"I do not know." i
"Were you not working in ,the in
terests of the Law and Order League
to urge people to sell liquor, then
J try and pick a Jury, and then testify .
before them on the stand?"
I do not consider it as auch." "
"I took the bottle and It has been
In my possession In a vault equivalent
to a bank In La Grande. The Dalles,
and Enterprise, or In a grip with a
sea! on it. since June 1. It has been
in two banks In this city. I do not
know who took the bottle In the La
Grande national bank. It was not a
young man with prematurely, gray
hair. It seems to me It was the last
window near the vault. It was not
Mr. Meyers; he Is the only one I
know by name In the bank. I did not
rent a vault in the bank;. J do not
J "Did' you have a conversation with know the name of the party th
Berry about 'indictments?''
"Yes."
"Did" this conversation take place
on June 10, 1910.?"
"Yes.
it back to me; I do not know the
names of anyone in the other bank. I
gave it to him near the vault and I
didn't rent a vault In that bank eith
er. It has been in the United States
Did you converse with Berry about I National more than a week. I had It
"1 amni Know wno was Miunn - (pr and g ated tnat ne, worsen. '
of the law and order league at lhlawn nad prepared a list of suit- W tasted by WoraWl
ttmn T was pneaeed as detective, frwr 4nrnr nnri Morzan. ac-
"T bad trouble collecting wages , ..mnnrtaA v t?r -r.rav. bad Drpsent-
out any hesitancy was evidence that j frnm Wallowa pPOple in the spring fnls Bt to fjherlff Chllders. 1 '
he was selling to many people. rromjof 1)01 , dfdn.t get all my wa(?eg ( A whether a fa!r igt of
one to three minutes elapsed be
tween the first and second bottles. Mr.
for three years.
"I didn't get my wages twice. There I gtated.
Jurors would not have been selected.
Porter and myself. I called it. an av
erage grade of whiskey When pur
chasing It I said: 'Give me a dupli
cate of that one I. purchased before '
Tn tf study the cork was' pished in
ant' the bottle sealed with the muscl-
ln a sealed grip along with about'ten
other samples of whiskey In bottles
Tir,ar la that aaal afoV
"It Is for the Jury to declclh. The
numerals on the labels and cork and
the size of the bottle was used to
distinguish them from other like bot
tles of whiskey. I can't tell the bot
tles apart without the corks."
When asked why the numeral ,"0",
ou the bottle had been hanged from
the numeral "4", he ttated: 1
"When- Porter. Worstell Gray iand
sheriff, he said: "It Is my handwrlt- I. took the bottles out of; my pock
ing,' I gave It to the Bherlff to call et, in the ctudy at the Baptist church.
hl attention to names of persons and laid them on tne tames, tne ono
we considered fair. I understood the on Its wrapper and the other 'with
premptor yllst was nearly gone. I out, I first marked number four on
(luageBted the names or people at i the last bottle purchased, and u
vji M,t h..rlff mlerhr consider should have been number 5. as we de-
imuu iiiah i"o 1 , , ;
not that this list might be used ex- elded that . the wrapped bottle was
....oiifAiv hut that thA unpriir misnt i numnpr rive. -
see fit to get them. These are men Court then adjourned until 9 o'clock
of the same ttandanl for the Jury. I this morolng. '. ".; ...- , .A
this Newlln and thirty-nine other In
dlctmentsr
"Yes."
"When asked by Berry, How much
will vou aet out of this.' you stated
r will gt enouah to go through
school.'
Wltnesa denied such a conversa
tlon. .. - . ."
"I have talked with Worstell and
Grav several times and at Beveral
nlaces."
When shown the list handed to tne