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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (May 2, 1932)
Monday, May 2, 1932 LA GRANDE EVENING OBSERVER, LA GRANDE, ORE. Page Seven ard JURY AT BAKER REACHES VERDICT IN SHORT TIME Judge Knowles, in In : sti'ucting Jury, Points to Fact That Man's Home ia His Castle. BAKER, Ore., May 2 (Special) A Jury of ,12 men returned a verdict of not gulit'y In circuit court In the case of state versus Ward Holden, charged with murder in the second degree-in connection with tho slaying of Milton Hopkins, amid the teheers of o large demonstrative crowdJ ' Persons In the court room were so uproarious in their applause of the decision that Judge J. W. Knowles, of La Grande, presiding during the trial, was unable to subdue the noise for a time. When trip verdict was read by the cleric, J. It. Smiirthwalte Sr., Holden and his father, A. H. Holden, broke down and cried. Other relatives of the freed man also sobbed as relief from the strain overcame them. Many cheered and later congratulated the defense attorneys and Holden, The first ballot is said to have been 10 to 0 in favor of acquittal, Ou the Eccond ballot all of the Jurors votsd not guilty. The Jury was out two hours. It is said that the fact that Hop kins followed Holden to the defen dant's home where the shooting oc curred was the main factor in the Jury's decision to vote for acquittal. Emphasis of this factor in the Jurors' consideration was in line with the court's -Instructions. Man's Homo Ills Castle Judge Knowles' instructions include ed the following significant state ment: "I instruct you, gentlemen of the Jury, that a person in his own dwell ing house is not required to retreat or seek to escape when he is assaulted therein. The rule that 'a man's house is his castle' is of ancient origin and deeply rooted In the elemental in stincts of humanity, and a pcrso& as sailed in his own .home is not bound to retreat to avoid killing his assail ant, even though a retreat could be safely made. When ho has Betlred to his home, he is not compelled to yield further to any assailing antagonist. When ho has reached this refuge he may stand at bay and may turn on and kill' his assailant if this be ap parently necessary to save his own life or to save himself from great bodily injury. Iii this case, the defendant had a light to defend himself In his own dwelling house from assault or per sonal violence, nor was he bound to retreat while therein. He had a right to arm himself, and, standing upon his own doorstep, defend himself to tho last extremity against all assail-? ants. In defending himself, hp had a right to use such force as was nec essary to do so, or as a reasonable man might have appeared to him at the time necessary! Tho defendant, being endowed with these rights, can not be punished for exercising them. Vlf, therefore, you find from tho evidence in this case that the de ceased came to the home of the de fendant for the purpose of assault ing him and doing violence to his person, and that he was accompanied by a third party whom the defendant honestly believed was about to. or did, take , part in such assault, ana that the defendant honestly feared danger to life or limb from such as sault, then I Instruct you that he had a right to defend himself from such assault; even to the extent oi taking human life, and If you find such to bo the facts. It then becomes your duty to find tho defendant not Kullty." : ' Persons experienced with court scenes said the demonstration was tno most outstanding they had ever ceen. Ill tho closing arguments for the defense late Friday, Prank C. McCol loch stated that "Hopkins had made lip his mind that the next time Ward Holden bothered Holdcn's ex-wife he would beat him up. Hopkins was in effect n suicide because he decided to go through with it even if he had to foco a gun. Hopkins made it absolu tcly necessary for Ward Holden to kill him. "You are being asked in effect to makq four other children fatherless for the balance of Ward Holdcn's natural life," Mr. McColloch add. Replying to tho criticism of the defense of the introduction of sola clous testimony into tho case. Dis trict Attorney Pinch said in his clos ing argument that "testimony relative to the Intimacies between the two families was introduced In this cose by defense counsel when he asked Mrs. Holden on cross examination If she and Milton Hopkins stayed in the Hopkins house in Baker one night last July. Two Slnrlrs Tnlil "The reason' Mrs. Hopkins was not pm on the 'witness stand by the state was because she told two different stories about what occurred In the Holden house tho night of the tragedy. Testimony at the coroner's Inquest was different In many re spects from the testimony she gave at tho trial." The Jury Included Otto Lammert. Prank Bowman, H. A. Monday, Will H. Rohnor, T. B. Kennedy, Jesse Brown. Charles Herring, W. H. Brown ing. Marx Surbeck. I.. J. Lewis. Olen Thaxton and J. C. Harrison. Leo J. Brown and Sanford Adler were alter nates. ( FISH STKIKE ABANDONED ASTORIA. Ore.. May 2 UPl Aban . Coning whatever plans had been ."- made for a strike, commercial fisher men of the lower Columbia river were today riding the waters of Ore gon's major commercial salmon fish ing stream. The salmon season Is from May 1 to Aug. 25, and from Sep t, 10 to Dec, 31, Holden SS8"SJ'S!..sse5.3$ I COVE PERSONALS I By Mrs. A. G. Conklln (Observer Correspondent) COVE (croeciui; - , The benefit party sponsored by the Woman's club and held at tho homo of Mrs. u. Anderson, Friday, was a small party but a very pleasant affair. The committee In cnarge was Mrs.' L. E. Anderson, Mrs. Conklln " and Mrs. Hefty. Seven tables of 'bffdge were in piay, Mrs. Bartholoma winning the high score for visitors, Mrs. Slat er, of Union, second, and Mrs. La- Vloletto, high, for the home folks. Visitors were Mrs. Bartholenm from the valley, Mines. Burwoll, Bldeler, Cock, Conklln, Gale, Holly, Hutchin son, Jackson, Millor," Parker, Sclblrd, blatcr and Ward from Union. Mrs. Paul Hansen, and Mrs. Phil Lock wood, of La Grande. Lunch .' was served after the games.. . Arnold Hallmark was honor guest D. A. R.'s Hear First Lady (nest of honor at (he ronm-css or the Daughters or the American Itcvoliitlou in Washington, .til's. Herbert Hoover Is .shown here (right) as she addressed the assembled delegates. Mrs. Lowell Fletcher llv liart (left), president of the II. A. 1!., denounced hunger marcher and warned of "revolutionary plots" against (he government. Quite a Come-Down! Kemcmlier I'rcifessor I'liMril's voyage into the stratosphere a year ngci? Well, they're only now rescuing his hullenn gondola rnim the snows at the 'Tyrolean Alps. Here you see workmen Inspecting the gondola, deeply Imbedded In a glacier Kflcr It plunged down a mountainside during attempts lo recover it from its original lauding point. First Prize to This Child Study mi -j III 1 '''Jfl -at' "Ooh. Dcildy, I'm so hiff." Is nJint this lilt If rrechoskivaklan Rlrl cried when her plrt-nrc tva taken for the naHmial p'iotsraililr vhllilllii held in Karlsbad. The picture won first prize in child study. Is at a small party Friday evening, the occasion being the 11th anniversary of his birth. ' Tho guests wore all boys and were: Edmund and Alvln Miller, Louis Gclss, Fields Caldwell, Delmar Richards, Elwin Towle, Mil ton Harris, Darrel DcBorde, Gale Mills, Chester Williams, the honor guest and his brother, Lewis. Tho boys nad a weluer roast on the creek Just above the houso and after their supper of most delectable things to eat that Mrs. Hallmark had provided they spent the evening playing games. . i Q'NEU AND SCiiANG . PLAY WITU SlIftKyjKl'Oll? SHREVEPORT. La. T) Two of baseball's vctarau catchers Mickey jO'NciU formerly with the 'Boston Braves, and Wally Schang, onetime i Yankee backstop arcs catching for jShreveport in the Texas league. Aanm 'Ward, another Yankog star or other days, Is playing second base for the I same club. Acquitted 3$S$$$$$ S S S JOSEPH ' PERSONALS , Uy Mrs. Ma Ida Stevenson . (Observer Correspondent) JOSEPH (Special) Mrs. Carl Phapp has bought tho property kuewe as the Hank Colo place, is , cleaning up tho ground and getting reauy to paper and paint tno house. Mr. and Mrs. phnpp will move from their present house as soon as thoy got the house ready. Mrs. Harry Mays gave a birthday dinner Friday In honor of her hus band, inviting members of the family and Mrs. Tccl Mays and baby daugh ter, Mary Caroline, of Eugene, who hava been vlsitiug hare. Dclbcrt Mitchell, and sister, Miss Uattle, of Springfield, Ore., have been in Joseph visiting friends the past week. Thoy formerly lived in Frairto creek whero their parents bvifcd a farm. . : Sclwyn Qaiilko and wife cams in from -Big Sheep creek Wednesday. Sclwyn says that they have had good success with their sheep and a good lambing EeasQu, with a gocd average Of lambs, Mr. and Mrs. Doris Mitchell aro rejoicing over the birth of a baby daughter, born April 25. The mother aud baby are at the homo of Mr. and Mrs. Max Wilson. Mr. and Mrs. Ec'.ward Ebcn left for Portland Friday on tho excur sion for a ten days visit with their son. Maurlco and family. : Mrs. viola: ;.icAllls:!i. o: ,2ntcT- prise. left Friday for Los Angeles to visit her daughter and family. Mrs. McAllister drove down. Alex Gillaspie staried a crow of men. last Monday cleaning und re pairing tho Silver Lake ditch. Max Wilson Js reported us beinc ill of a cold. Friday niilht the Init rinruo ilvnn by tiic Commercial club to raise money to repair tho roof on the Methodist church was held. A fnlr sized crowd attended and n good time was had. A lunch was served cafeteria style. Mrs. Floyd Green was on tho sick list last week. Andrew Stewart went to tho h?od cf tho lako Saturday, taking up some fox feed for tho fox farm there- Mrs. Ebon Daggett visited last weekend with Mr. and Mrs. Andrew Stewart and Mr. and Mrs. Roy Dag gett. County Commissioner Stevo Biev ans is in the hospital ot Wallowa ill of tho flu. Mrs. Hnzcl Borland, and son, Kcl say, of Enterprise, were at Joseph vlsitiug Mrs. Mollio Mays and family Saturday. Mr. and Mrs. F. p. McCully and Frank Jr., nn.d Mrs. Maida . Steven sou went to La Grande last wock combining business and pi ensure. Mrs. S. E. Smutjs preached In tho Mcthcdlst church hero Sunday. Mrs. Smutz has been visiting Mr. Smutz at Hot Lako where he Is convalescing from an operation. Tho Ladies Aid tea was hold Thurs day at the homo of Mrs. F. D. Mc Cully. A short program was given, a planologuc by Mrs. Tom William son, a Japanese playlet by Mrs. Par ker and Mrs. Nina Gibson, of Enter prise. About 45 women were present. Refreshments of chicken sandwiches doughnuts and coffoo were served. Mrs. McCulley. Mrs. Gillaspie. Mrs. McCIain and daughter, Marjorie, and Mrs. Stevenson vcre hostesses. Mrs. Ted Mays and daughlor loft Saturday for La Grande to visit for STORy "MAI COCHRAN (READ THE STORY, THEN fpHB messenger bird Just looked arouml, quite satisfied that It had found' the skinny who had stowed away Inside the Tinies' boat. ' uhAn ft aiiHdAnlv frloA nut nffiln The bird would shake all over when a sound came from Its throat. Then Scouty to the skinny said, "Explain this, son. Go right ahead. It seems you've seen tills bird before. What 13 It doing here? "And do you think 'twill start a fuss, perhaps by biting some ot us? We want to be ail set to fight, if there Is cause for fear." (fyES, tell us quickly what to do," wee Duncy snapped. "It's something new to have a great bird like that just calmly sit and stare. "If it just wants lo rest a bit upon our boat, we don't mind It, but if it wants to fight we'll chase It right up In Ihe air." The llllli: skinny sadly sighed and then jumped up and boldly cried, ""Now, don't ' you worry 'r.V.S. fLASSIFIEP ADS rl'IIK MAItKET I'LACE 01' UNION Si WALLOWA COUNTIES -T ' (Count five average words to the line.) Per line. 1st insertion 10c Per line, each added consec utive lUBerttou "7o Minimum ohargo on one order . '. 25c WANTED WE NEED 3 MEV. shpuld havo car. Good compensation, 103 Fir St.' 4-25- f. WILL BUY 30 old battcrlos. Will pay according to their condition. New batteries as low as 46.05; Automo tive Electric Co., 1425 Adams. Plrono M 520. 1-20-1 m GOOD PAY STEADY WORK Several choice openings in Cities and : Towns for ambitious men and wo men. Experleuos unnecessary. Wo finance you if required. Write to day. Mr. Thomas, Superintendent. 420 Third St., Oakland, Calif. 5-2-1 tp. awbllo before gor.ii, op to their heme in Eugene. Mv. and Mrs. John Searcy and children went to Peudletou Sunday to take Mrs. Searcy's mother. Mrs. Wm. Rngs.'ale, where' $A,v. Ragsdala will meej, her and they will go on to Moro where they lh'. ' Mrs. Itago dalp spent the past week here visit ing the daughter and, family. y My. and Mrs. C. R. Patten have been to La Grande to visit their son, Harvey, who has boon very sick. Tuesday waa Junior sneak day, the members of tho class going for a picnic. Mis. Sadie Slmms and daughter, or Enterprise, were visiting relatives In Joseph lust weekend. How Annoying . A woman explorer s:ih (hp s.til dest moment In Hie Jungle Is witch the perrnniumt wave, finally mnw. And that, prciiiitnnhly, Is when one meets n lli'ico beasl t n disud vantiipc. 1 ' . 1 C-'4I l.'iwo WOilrCr.V, 11, If. 1(1 4tt Hnker, Ore., on cliiU'Ki! of killing (lis foHter-mol Iter, who upbraid ed him for iirKliTllnK ills chores. If lite Juvenile court decides in favor of it circuit court trial, the lad will face the tlmtli penalty. 9 PICTURES 4 JOE KIN& COLOR THE PICTURE) 'bout that bird, lys triendly as can be. "You see, it lives In my homo land and makes all shinnies stay on hand. The other Hkinnlcs missed me and they sent the bird for mo. if AND thus no harm will come to you, If I. do what I ought to do. If I walk right up to the bird 'twill grab mo good and tight. "And soon 'twill sail off In the air. Tho strength ot that bird's really rare." And then tho skinny, to the bird, said, "Come, let's start our flight." The bird began to flap Us Wings and, my, but they were great big things. And then it grabbed the skinny and sprang up with all Its might. "tioodby!" tho skinny loudly cried. "I'm homeward hound, upon this ride." The Tlnles waved and waved until the bird was out of sight. CuuyrlKlll. J!'3i. NBA Scrvlct-. Inc I (The Tlnles meet n funny old fellow Hi the next story.) Paces Gallows . RATE8 5Y MONTH ' 2 lines, per 'month ..93.S0 3 lines, per month . . .$3.SI6 4 lines, per month ......4.Q0 5 UnoB, per month .'...I 14.76 ' Each additional line over five charged at 60c per line per month. FOR SAIE FURNITURE, ovcretuffod. dining sot, Frlgidaliv, uea room suite, ' etc., 1303-Oth St. 6-2-8 tp FOR SALE MODEL A FORD PICKUP Excellent Condition PERKINS MOTOR CO. 4th Ss Adams. Ph. Main 600 4-30-t f. FOR SALE Furniture, 1 101 O Avo. 4-30-8 tp. GOOD SEED POTATOES but not cer tified. F. A. Brown, Union. 4-30-3 tp. 1 STANDARD 30 Caterpillar tractor. Good condition. H000.00. Chandler Tractor & Equip. Co., Allls Chal mers dealers, Elgin, 4-30-2 tp. FOR SALE 6-rm. mod., mm. houso. Will consider car and terms. 903 Spring t.. Ph. 285 W. 4-20-0 tp 5-RMS. nnd conservatory, mod. Fore closure. Best offer takes, 1409 9tn. 4-39-8 t. NETTED GEM'oocci- potatoes. Cull po tatoes for hog toed. Call F. 20X. ' 4-29-4 t. DRY WOOD, posW." Also truck for li re anywncre. insured carrier, ru. 1051-W. Frank Seward. 4-28-1 m. DRY WOOD, oi)y kind or length. Wm. ,csi-p, ru. oii.u yy. ft.-a'-f nip. MILL WOOD. Archlo Cbniey. 137-J. 4-20-8 tp. OLD GROWTH rn nr W cordwood 0 cord. Phono 037-J. 4-25-1 ni. TYPEWRITERS, fqr rent or sa'.e. ' Let us show 'you our slock of now and used portables. E. C. Tuckoy's Type writer Exchange, 109 cepot St. . ' d.ln.t. r. LUMBER SPECIAL Now Is the tlino to build or do that repair work on your houso or gar age. You can buy lumber for lees j llian ever before. We havo 2x4 to 2x12 dimension at 10.00 per thous and and a good supply of sheathlngv siding and flooring at very reason able prices. There is a limited sup ply of Dry Chain Wood ot 4.6Q per (oad and 12" Red Fir Wood at (J.a3 per cord. Call Main e. BOWMAN-HICKS LUMBER CO. 4-13-t f. GRIMM and common annua, white sweet clover, seeds at lowest prices. O. W. Bond, Haines, or Owen Led- rldge, Ph. 47, Union. 4-7-1 m. FOR SALE 10 A. mod. Improvements. Or will sell 6 A, all In orchard. Good location. Ph. 498 J. 4-1-1 m. ALFALFA nnd clover Beed. Send fr samples. Wclser Grain and Feed Co., Welser, Idaho." 8-4-2 mp. Professional Directory Hospitals DIU IjRB II. HOl'fY Eye. Ear,. Nose and Throat Hospital ;rd coor Foley Bldg. Ph. Main 16. Osteopathic Physicians nS. 1. L. A MARGARET INOLB General Practice and Obstetrics Bommer Bldg. Office, Main 108 ' Res., Main o3 Miscellaneous ASTROLOGER MRS. FKFDKUICK BALMES 203 N. Ave. Readings Dally. THE NEW F ANGLES (Mom'n wOhile, H A NEARBY HOMER BITTY PPE PARES TO HEAD FOR THE SAME DESTINATION SO CLADVS AND CHICK THCVVE ( VOVJ LOOK MIGHTV t DON'T APE HAVING VOW OUT 1 CERTAINLY SVVEET, ALL DRESSEO V KNOVM, DAD : I AGAIN TH1Q EVENING. '' BEEN UP. THCOE MUST BE. I GLMJV5 1 II ' WELL, THAT'S FINE1. I'M I NICE TO A WEASON FOR IT. I ' ' DIDN'T SAV sJA CLOSINO A DEAL WITH MO. ME, DAD DON'T SUPPOSC, BY ANY 't s'Mm fFFEL TO-NIGHT AND WE IA. 1 CHANCE , THAT YOUNG I -t-LJI MAY DROP OUT THERE SCAMP Or A HANK WILL S T LATEW,TO THANK THEM stS BE THEPE . Jk, -i i-JMnA JTCm WHAT IHETVE , . TO THIN THAT IN BUT A FEW , FLEETING MOMENTS I'LL HAVE HER IN MY ARMS WHAT A LUCKY GIRL A.GUSTA IS TO HAVE A HANDSOME FELLOW LIKE ME FALL IN LOVE WITH HER HOLLYWOOD or Hanson Wlilto Log ham baby chicks, ta.00 per 100; 600 3S.0O. Shipped O. O. D. prepaid, May 4, 11 or 17. Pacific Hatchery, Tangent, ore. 5-2-9 tp. FOB RENT Mod.' house with 1 aero land. Adults. Main 200. 6-2-3 tp. SMALL, TORN. HOUSE, 3122 Adams. Call 324 W. 5-2-3 t. VQli RENT Mod. ti-rm. (urn. bouse: garden, fruit, garage, &15, 1904 V .Ave. Pft. 373 W. 6-2-t t. PPR RENT Apt; Ph. 481 W.:. 4-30-3 t FOR RENT Hull or duplex house. ' furnished olid heated. Garage, 1104 j M Avo. 4-30-3 t. I SADDLE HORSES lor rent by the day ! or hour. 902 1st, Cor. I Avo. I - , 4-30-6 tp. 6-RM. MOD. HOUSE, 'garago. 10. Ph. Main 900, 2113 2nd. 4-30-2 tp FOR RENT 3-rrn. and 5-rm. furn. ; apartment, 19Q5 Adams. 4-30-3 t. 6-RM. FURN. HOUSE. Adults. Oarage. Ph. 408 J. Fannie Alllnson. 4-22-t f. FOR RENT Modern 6-rm. furn. I house. Inqulro 2115 Pine. 4-12-t f. PURN. HOUSES AND APTS. With !-aths, clean, quiet, lowest rent. , Adults, 1810 Greenwood. 4-2-1 m. 'FOR RENT oarcty deposit boxes, La I Qrandc Investment Co. 3-12-1 m. FOR RENT Hupso and Apts. La Grandb investment Co. -8-12-1 m. rRE(?lCLES AND HIS FRIENDS ; By Blosscf One in a Million! tSSS. IT'S VA3WDQ5FUU ) VEAH...THS HCNV A TOS W". JsMAfiTCST OO0 LBJS1J 1V)lsl(5S,lS(JT l (NER SAW It, oscar? Some uweuES, 0 X WAS f I TtfZm l lw ATWOOD -1 . f. ' 1 r-sBr?. J. HA K IHPA PUJ21-eO...THBIJE vfASH'T AnV VSTrjn ) (SAME H&AR Biy THAT 1 COULD S?B..VAW TH SRAS5 t WAWUg IW THE PARK WAS COT SHORT- tH PO HAD HIS . 7J? ,-. (JOgfi STRAI6XT OW A tflAM SITTIkl OIJ BSHCM..'. yKST 1 1 IHOUOHT THB WAN WAVS A lNE Jf M I W Biro iw ms pocket,.... . - ; f r;o ,,i r BUT JO, THG MAM WAS M MIS SHIRT ei.EEVES...T(lEN Atl OP A SUDDEN 1 HAD AM IDEA X (JEHT UP TO "IMS AAAtJ AM' ASKED IP WE'D AAIMP TELLIM ME r; HIS NAWE fop) SHIRT euEEVES...T(lEN AU OP A M lun.lT'S K AlJft bi mdumnz&jL: m --1- Party Freparations WELL . I'M BREATHING EASIER ABOUT EVERYTHING HAVING DINNER WITH OLD A.YER AND VT LOOKS LIKE A RAISE FOR MODERN ROOMS Comfortable steanyi heated rooms $3 per weefc and upX Hot and cold water. Closo in. Pleas-! ant surroundings. 1902 Second Bt.R 2 blocks west Montgomery WartIK on Washington St. 4-ll-12tp1' MISCELLANEOUS MOREMEN'S SCHOOL of Beauty Cul- ture is recommended by shop own ers for Its thoroughness in training. Spring classes now forming. For information call or write 23 West Main St., Walla Walla, Wn. - 4-28-1 mp FOR BUILDINQ ana shop work call M 900, Pete Bousquet, 4-4-1 mp POWELL BROS. CLEAN-UP Wo WUI clean ' up your ashes, papers, etc. Phone 323-J. ' ' ' , 3-8-t f. RAISE, MOVE, repair and rebuild houses. John Mars. 4-2-t f. EASTERN OREGON School of Music violin, piano, voice. Credits. 1. O. O. F. temple. 447-J. ', 9-6-1 m1'1 MONEY TO LOAN We are represen-"1 tatlves for the Prudential Ins. Co:,1" and can make city loans at attract' ' tlvo rates of Interest, Chas. H.'-: HeynqMs, Insurance, loans and' I bonds, 9-1-1 ou" LA GRANDE MATTRESS ana Upbol-" storing and Rug Cleaning Works:" Ph. 424-W. Chas. Edwards Prop. ' 12-1-J m.'" FOR TRADE 100 A. FARM. cows, horses, wagons; harness to trade. Wrlto Observer. '' 4-30-3 tp." Zff WAS A BIRD DOS, AM' OKIE THAT MEVCB FAILED OH A POINT.-OWfi PAV 1 MAD HIM OUT RB BXER ClSff IH TH' PARK WHEM AU AT OWCS USs POIWTSOt, 6TIPI5 A3 A STOWS... tbach ifeoa ooe 1t ww. on HIS FQOKIT LESS? TUSH DOUT, AAISS THE WBXT STRIP. m By Cpwan "5UPE. WILL YOU STOP TALKING BUSINESS -THE BpSS IS AND PUT THESE FLOWERS IN THE HALL? ' HOMER WILL E ME HERE ANY MINUTE, THERE'S THE BELL, ' NOW 1 ( US SAlDrlY.MO.t ) V VA OAOToirvciS'" rf SCM& ','