The banner-courier. (Oregon City, Or.) 1919-1950, July 06, 1922, Image 1

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40th Year
THE BANNER-COURIER, OREGON CITY, OREGON, THURSDAY, JULY 6, 1922
Number 10
f
MURDER III FIRST
DEGREE IS VERDICT
RETURNED
Russell Hecker Convicted Of
Slaying Frank Bowker
Sentenced Yesterday
NOTICE APPEAL GIVEN
Case Is Strongly Contested Jury Re
turns Verdict In Less Than One
Hour Law Says Must Hang
Russell Hecker, convicted murdered
of Frank Bowker of Portland, was sen
tenced by Judge Campbell, Wednesday
morning to die on the scaffold, Sept.
22, 1922. The execution will take
place at the state penitentiary, to
which Hecker is" to be removed from
the Clackamas county jail sometime
within twenty days from the late of re
ceiving his sentence, that period being
the limit set by Judge Campbell for
keeping him here.
Hecker appeared in the court room
shortly before 11:15 o'clock, escorted
by officers and by his attorneys. Court
was opened immediately and without
further preliminary Judge Campbell
called upon the convicted man to rise
and asked him if he had nything to say
as to why sentence should not be pass
ed; upon him. l, Hecker, facing the
Judge composedly, replied in a low
but clear voice. "Nothing at all, your
honor."
Reading of the sentence was prefac
ed by a few words from the Judge to
the condemned man concerning his
situation;,, of whfch the concluding
words were: "My only recommenda
tion to you at this time is that you
devote the balance of your time of
your life- to making your peace with
God."
Hecker received his sentence with
less apprent emotion than Judge
Campbell displayed in rendering ii
None of his relatives were present at
the time.
Twelve citizens of Clackamas coun
ty, seven men and five women, brought
in the verdict of guilty of murder in
the first degree in case of Russell
Hecker indicted for . the slaying of
Frank Bowker on April 16 lastT" Bow
ker was a Fostland musician. The
case occupied the greater part of last
week and was stubbornly contested by
both defense and prosecution.
District attorney Stipp was assisted
by Frank Lonergan and George Mow
ry deputy district attorney of Mult
nomah county; the defense attorney
Gale S. Hill by Robert Myers of Port
land and Gilbert Hedges, Oregon City.
The history of the tragedy was re
viewed by both sides including ar
rangements by Hecker with Bowker
to sell to the latter some liquor to be
obtained from a man whose only name
Hecker claimed he knew was "Bob".
The trip with Bowker was made out
of Portland along the Eighty second
street road, thence toward the rifle
range beyong Clackamas and on this
jroad (the fatal (Shot which Hecker
claimed in self defense was fired.
"Bob" did not put in an appearance
and remained throughout the trial the
"mystery" man. After the shooting,
Hecker drove, to Albany, to the Cala
poia river into which he dumped the
body encased in a hop sack. He
washed the blood of Bowker from his
hands at the Albany hotel; gave some
of Bowkers money he, had taken from
the latters person into the keeping
of a local barber; drove back to Port
land, went to his apartment occupied
by himself and Nellie Lainhart and
burned his bloody clothing in the base
ment furnace. He was subsequently
arrested and kept in jail awaiting trial.
The defendant, in his own behalf,
told on the witness sta' d of the crime
and the all night ride from Portland
'to the Calapooia and return. His de
fense was. that ecited by fear of Bow
ker who like himself was armed with
a revolver, he had shot his associate
in the liquer deal in order to protect
himself. His attorneys emphasized
his youthful age of twenty-four years;
claimed that his deed was the result
of fear for his own life; that his taking
from Bowker's person all of his money
and some papers leaving his keys and
knife; the disposal of the body and
other acts prior to his arrest, were due
to a panicky state of mind.
The prosecution argued his guilt
upon nine basic points, among them:
Hecker's refusal to allow Bowker's
brother to go with them; his failure
to identify "Bob", the mysterious boot
legger from whom he was to get the
liquor as a real person; the borrowing
of the revolver on two occasions; the
fact that the direction of the bullet
through Bowker's head was from the
right side of the middle of the back
toward the left eye and . that there
were no powder marks as would be
expected at so close range; stripping
the money from the dead man's pocket
and sock; buying a hop sack big
enough for a man's body to hold eight
bottles of whiskey; carrying the body
90 miles and finally dumping it into
the river.
In the courtroom 'during the trial
were Heckers' father and mother, two
brothers and the Lainhart girl, Bow
ker's wife, two daughters and brother
Albert.
When the jury returned a verdict
Heckers mother went into hysterics
and was given medical attention. The
convicted was 'obviously stunned but
son recovered the self confidence he
had shown during the trial. The pen
alty is death. An appeal fo a new trial
will be asked.
ANNUAL ENCAMPMENT
DEPARTMENT OREGON
G. A. R. HUGE SUCCESS
Enthusiastic Delegation From Meade
' Post Veterans and Relief Corps
At Newport
The annual encampment of the De
partment of Oregon of the Grand Army
of the Republic was held at Newport
on Tuesday, Wednesday and Thursday
of last week.
A large delegation from Meade Post
of this city was in attendance: There
was a spirited contest for the posi
tion of commander or the Department
which resulted in the selection of D. L.
McKay of Portland, Comrade McKay
saw more than three years of service
in the civil war and spent fifteen
months of that time in Libby prison.
Other officers elected were Ruius
Waggoner, senior vice commander,
Newport; James Pass; W. T. Kerr,
department chaplain. Portland; and
Dr. J. M. Hall, medical adviser, Port
land ;
Grants Pass was selected for the
next encampment. The citizens of the
city will give free trip to the mam
mouth caves in that vicinity.
Frank Moore, H. S. Clyde, E. B.
Grant, J. F. Butler, J. C. Sawyer, L.
P. Horton, G. H. Webster, J. A. Hob
ble, Josiah Martin, A. Mantz, H. Loney
and. M". Swartz were present from
Meade Post, Oregon City.
Among the W. R. C. members at
tending were Rosina Fouts Evans;
Mary Barlow, Amelia Martin, Nellie
Aldredge, Minnie Donovan, Ida Adam
son, Jennie Morgan, Mayme Bennett,
Mrs. L. P. Horton.
The W. R. C. headquarters were at
the Hotel Gilmore.
Newleweds Return
Mr. and Mrs. W. W. Laxton after
spending their honeymoon in Victoria,
British Columbia, returned to Oregon
City on Saturday. They left the home
of Mrs. Laxtons parents, Mr. and Mrs.
G. A. Harding almost immediately for
the summer at a point on the Upper
Clackamas river where the groom is
employed as locating engineer for the
P. R. L. nd P. Co., oil the new power
plant.
Eddys Store Entered
And Articles Taken
W. B. Eddys, Main street depart
ment store was visited by thieves
sometime Friday night and several
articles including shoes, skirts and
kimonas were taken.
Entrance to the store was made
fro mthe Parkside studio which had
been entered by opening the front
door by some instrument adapted to
the purpose probably a screwdriver.
Investigations by officers fail to lo
cate either goods or thieves. The nat
ure of the articles indicates that a wo
man might have been connected with
the theft. Exit was by the back door
route.
REBEL UPRISING IN
IRELAND RECEIVES
SETBACK
. The rebel uprising in Ireland is re
ported as having received a general
setback. Free stte troops are defeat
ing the rebels everywhere. It is re
ported that the rebel leader de Valera
has been wounded.
Some of the rebels still refuse to
surrender and infest hotels and other
fortified positions from whence they
keep up a reign of terror. To rid Dub
lin and the country of these insurgents
the Free State government, awter an
other effort to get them to surrender
will from planes descend upon and
blow up their rendezvous.
New Stores Open In Canby
Three new stores have opened up
in a building on Frist and C. streets
during the past three weeks. The Shel
don drug store has taken possession.
Thursday the C. O. Thomas store open
ed for business and on Saturday eve
ning the second store roo mof the
Koehler building was opened for bus
iness by the Swanby grocery.
PETITIONS OUT FOR UNION
HIGH SCHOOL A CANBY
Petitions for the proposed new Union
high school at Canby will be put into
circulation very soon in districts 86,
Canby; 18, Mindorf; 20, Macksburg;
73, New Era; 81, Union Hall; 22, Oak
Lawn; 38, Marks Prairie; 60, Union
Hall; 63, Central Point; 91, Ninety-
one; 97, Barlow; and 110, Lone Elder.
Two districts containing a number
of opponents will be omitted from
future petitions. Election will be call
ed in each district affected on August
9, from 7:00 to 9:00 o'closk, P.M.
The proposed ' new "'high school
building will be located at Canby.
Mrs. Emily Hood passed away on
Monday this week, he funeral was
private in accordance with her wish
and in charge of the local Christian
Science Church, at the Portland cre
matorium. The deceased wag a general favor
ite, and will be greatly missed by a
host of friends, the husband and the
church which she helped to organize
in this city. . t
WEEKS OFFERINGS AT
CHAUTAUQUA PARK
WELL LIKED
Patton Trio, Lorraine Lee,
And Colton Singers, De
light Crowds of Friends
PIONEERS CELEBRATE
July Fourth Program One Of Best Of
Course Fire Works And Balk
Game Enjoyed
One half of another Gladstone Chau
tauqua has passed into history and it
has been a memorable week from
every standpoint. Splendid programs
have marked every day and assuming
that succeeding entertainments will
be on the same high level of quality,
it may be taken now for a certainty
that the 1922 chautauqua will set a re
fcord for interest and for good things
that will be difficult to equal in follow
ing years.
The huge Chautauqua park is dotted
all over with the tents of families and
parties camping for the two weeks
and the number of these is so aug
mented by visitors from every point
within a radius of many miles that tne
capacius auditorium has been nearly
always completely filled.
Local talent has played an important
part in the program this year. The
Patton brothers of Portland scored an
immense success on their appearance
Monday and at both tile afternoon and
evening pertormance tney received
enthusiastic ovations after their pro
grams. -
On the first day's program an im
portant contribution to the success of
the opening was made by a Canby girl,
Miss Lorraine Lee, and her assisting
company. Miss Lee proved herself a
vocalist of much ability and she was
well supported by her companion ar
tists. County Judge Harvey Cross, presi
dent of the chautauqua association,
gave the address of welcome" on the
opening day, and B. F. Irvine4 editor
of the Portland Journal, was the speak
er of the afternoon.
Sunday's fine program featured
the rendering - of the oratorio "The
Holy City", by the Colton Oratorio
Society, a chorus of fifty voices that
has previously been heard here in
splendid things.
Monday evening brought a notable
lecture by Norman Allan Imrie, Can-:
adian soldier-educator, who is on the
chautauqua platform for the purpose
of strengthening the ties between the
members of the Anglo-Saxon race.
The number hearing him was not as
great as the excellence of this number
deserved.
Tuesday brought the Oceanic Quintet
five young ladies whose musical num
bers took both afternoon and evening
audiences by storm, and the finish to
a perfect chautauqua day came with a
lecture on human nature by Opie Read
that brought out a record crowd for a
lecture. Chautauqua lectures are us
ually passed up by a great many peo
ple, and more is the pity, for there is
nothing of really greter wotrh oh the
whole chautauqua scheme than the
messages brilliant men bring.
A little extra entertainment was pro
vided Tuesday by way of celebration
of Independence Day. A closely con
tested game of baseball between Molal
la and Carus, won By the former 5 runs
to 4, was played late in the afternoon,
and a remarkable pyrotechnical dis
play was staged on the ball field after
the evening lecture.
The feature of the Wednesday pro
grams was the play "Cappy Ricks"
given in the evening before a packed
house by the Vivian players. It came
up to its reputation of being "the most
refreshing comedy in years," and the
cast handled it splendidly.
Wednesday was chiefly notable,
however, because it was Pioneer Day.
The speaker for the occasion was an
address at the morning forum hour
by Judge Peter D'Arcy of Salem. He
was followed by Col. Robt. A. Miller,
one of the first presidents of the Glad
stone chautauqua association. A bar
becue dinner for the pioneers was
served at noon and election of officers
by the pioneers followed this. David
Caufield was elevated from the vice
presidency to succeed the president,
Judge Cross, who was unable to con
tinue longer in this office. Mrs. Geo.
A. Harding was elected vlce-presidnt
and the treasurer and the secretary,
E. G. Caufield and E. C. Hackett, were
re-elected.
- Electra Piatt and "Vernon Stone,
among the Chautauqua's best-liked en
tertainers, delighted a large audience
Thursday afternoon and again for a
short time in the evening. Two lec
tures were given also, J. C. Herbsman
speaking in the afternoon and Dr. El
mer Lynn Williams in the evening.
This afternoon the program will be
largely devoted to the G. A. R., with a
lecture by Judge George M. Brown,
of the Oregon Supreme Court dedicat
ed -to those veterans. The Gilvan
Grand Opera Company gives a musical
prelude in the afternoon and a grand
concert at night, . .- ...
Among other notable things coming
during the balance of the course might.
PETITIONS PROPOSED
BY INITIATIVE ARE
FILED
Twelve Not Having Received Required
Number Of Signatures Are Yet
To Receive O. K.
' The three petitions being initiated
by the voters themselves and on file
with the Secretary of State on the
first daj of this week, are the single
tax amendment; salmon fishing and
propagation amendment; and the ex
position tax amendment, this latter
sponsored by the Atlantic-Pacific
Highway and Electrical Exposition.
The legal period of time within
which f urthei initiatory measures may
be received if today, July C. This is
the final date and those measures not
mailed to the Secretary of State before
the close of tcday cannot go upon .the
ballot for the November elpction.
The state constitution provides that
the initiative petitions shall be filed
four months before the election at
which, they will be passed upon.
Af Hi mative arguments on any mea
sure liiUbt be iiled not laterthan July
15. Negative arguments mr.y be filed
at any time up to July 25. The cost of
the argumentative space in the voters
pamphlet will be about $125. .
In order to refer a measure to the
people at the general election, an In
itiative petition must contain not less
than 13261 certified names. This num
ber is eight per cent of the whole
number of votes cast for justice of the
supreme court at the general election
held November 2, 1920. '
COUNCIL HOLDS HOT
SESSION OVER ROUTE
OF HIGHWAY
At the regular meeting on Wednes
day night this week reports were made
by the finance committee, city record
er, treasurer, chief of police and the
water board. All was serene and sat
isfied thus far but no further.
A resolution inspired by citizens and
business men who object at present to
the city cooperating In the matter of
constructing, at this time, the railroad
avenue route as a part of the Pacific
highway system was -read.
In courteous but firm languarge it
told the commision the city could not
cooperate with them In improvement
of the route they had authorized, but
desired the Main street route and
thence over fifth street out upon the
hill route, until such time as the city
should find it feasible to open the
railroad route. . .
Wallace Caufield objected to the res
olution classifying some of its sections
as "bunk" and suggested that the city
might get help from the commission
indirectly for the railroad ' route and
scored the council for going over the
head of the city attorney who had not
consulted, in preparing said document.
Ben Harding took the opposite side
and declared in favor of the resolution
reminding the city fathers that there
is no money for the commissioners'
favored route. All looked the same to
the man in goggles.
O. D. Eby drew the vials of wrath
upon his head by his favorable attitude
toward the Seventh street project de
claring it his "personal" feeling that
the present avenue is a fire menace
and a civic blot. He declared he didn't
want to. get into the controversy but
he soonfound he was in "all over". In
the midst of real Fourth of July ver
bal fireworks Metzner moved the adop
tion of the resolution, Krassiz second
ed and she went over in the twinkling
of an eye. And this action was follow
ed by the authorization of a commun
ication to the commission to meet with
the council relative to this highly im
portant matter.
Thus is written one more chapter in
the calendar of the Pacific highway
through this famous historic city.
Canby Berry Shipments Heavy
Twenty tons of strawberries have
been shipped from the W. H. Luche
commission house in Canby by the
Oregon Growers' Association this sea
son. These berries were taken to the
Woodburn cannery.
Canby sent its first "shipment of lo
ganberries to the cannery on Monday,
here were 150 crates and the berries
were of excellent quality, but it is
thought the loganberry crop will be
short due to the hot weather.
Vacation Is General
Mill workers here have been en
joying a real vacation. Beginning on
Friday night the Oregon City Mfg. Co.,
closed its plant for four days, resum
ing operations on Wednesdy morning.
The Hawley and Crown-Willamette
mills closed for three days beginning
Saturday night. This permitted em
ployees to enjoy week end trips, the
Molalla Round-up, Fourth of July cel
ebrations and Chautauqua, one or sev
eral of them.
be mentioned especially the lectures
by Private Peat Sunday night and
Arthur Walwyn Evans, a brilliant
Welshman and cousin of Lloyd George,
Monday night.'
The daily physical culture classes,
bible hour, children's chautauqua, for
um hour, O. A. C. home demonstra
tions and symposium have all attract
ed iaerest and added much to the en
joyment of the campers and regular
visitors. "
MERCURY CLIMBS TO
THE THERMOMETERS
SUMMIT
Clackamas County Gets
Touch of Temperature
Felt in East
HEAT REAHES ICO
Sunday The Hottest Day Recodred By
The Oldest Citizens Special Causes
Cited By Weather Man
With the sun -tinged to red as it
forced its rays through the Sunday's
stiffling haze the population of Clack
amas tdok (to the cooler spot of
home or shady nooks of wood or along
the stream? wherever there seemed
prospect of relief from the terrific
heat. From eight o'clock in the morn
ing until four in the afternoon the heat
increased and the thermometer rose
steadily from 87. degrees to 102 de
grees, the highest point reported at
Stafford while Oregon City registered
99.
In other parts of the county "Old
Sol" made practically the same record.
Beaver Creek reported 100. Gladstone
Chautauqua grounds 99, Canby 99 and
other sections only slightly variating
from these records. .
Owing to lack of statutus for this
county it is impossible to state com.
parisons between hits and other years
but it is claimed that this caps the cli
ma. for heat in this land of sunhine,
rain and flowers. To an Oregonian
accustomed to comfortable weather
night and day, and though able to go
about his duties as usual just natural
ly "kicks". '
The weather man too apologizes for
this freak of Oregon nature by ex
plaining that this extreme heat wave
was the gradual movement north of
the area of low pressure which has
been to the south for the last ten days.
On Saturday it traveled northward to
this section. Previously during this
season with high pressure to the north
and low to the south the northerly
winds from the cooler spots blew over
and cooled this section, but with the
arrival of low pressure in this locality
the winds decreased, and what remain
ed were of course warmer. So the
heat was not reduced greatly by even
the shade of the woods. At night
however, the temperature became
gradually reduced until the morning
was cool and comfortable.
Indications are the extremes of Sun
day will not be again duplicated this
season.
GIRL TRAVELER RETURN ED. TO
HOME AFTER BRIEF TOUR
Fourteen-year-old Sarah Gross, who
started last week toward Molalla, to
see for herself the "wild and wdoley
west," via the pony route, and accom
panied by her two dogs, fell into the
safe and motherly hands of Mrs.
Church, court matron in this city and
has been returned to her home and
anxious parents.
Sarah is reported by Mrs. Buckley
as a girl of excellent character. She
had been absent from home several
days when brought by residents of the
Fischers' section of the county to this
city.
Joyride Results In Death
Three youths riding a motorcycle at
terrific' speed crashed into three autos
on the road near Gladstone, Saturday
night. They had passed other cars
barely missing them as they whizzed
by in uncertain course. The result of
the crash was that Roy Michs of Lents
sustained fatal injuries, Clyde Moak
and Urial Kennery of the same place
were in the side car and the latter
received injuries about the head, m
Moak's pocket was found a bottle of
moonshine. Two of the autos were
without lights it is reported. Young
Michs passed away at the Oregon
City hospital on Monday.
New Firm Begins Business
W. H. Wilson, now a resident of
Oregon City and in the tailoring busi
ness in Portland until reecntly has
opened a cleaner, dyer and tailoring
establishment at 514 Seventh Street
emphasizing the fact that his is the
only shop of its kind on the hill.
Fifth Street To Be Improved
An ordinance providing for improve
ment of Fifth Street with hard surface
from the east side of Main Street 210
feet east was passed first reading at
the regular meeting of the council
Wednesday night. This section of
street is part of the proposed Pacific
highway route.
DATE FOR CLACKAMAS 1922
COUNTY FAIR IS SET
From Tuesday to Thursday, inclu
sive, September 19 to 22, is the time
set for the Clackamas county fair.
The secretary, David Long, states
that the outlook for a successful fair
is brighter than in any previous year.
The dairy and poultry departments
will be especially strong this year, it
is believed.
Strong interest in the event is being
manifested throughout the county this
early.
RAILROAD SCRAP MAY
SET PROGRESS WHEELS
IN MOTION
Interstate Commerce Commission To
Decide Contest- Central Oregon
Is Favored Spot
If the interstate commerce commis
sion shall give the Southern Pacific
railroad the privilege of retaining its
Pacific, genuine expansion of railway
facilities will result to Oregon, is the
definite promise of Southern Pacific
officers.
In this case a road following the
lina from Oakridge to Klamath Falls
will be started at once and another
line from the latter place to a connec
tion via Westwood and Susanville,
Calif., with the main line of the Cen
tral Pacific at Feroley, Nevada, will
also be built. This the Natron pro
ject, is highly important to the state
of Oregon,; and since the supreme
court ordered the unmerging of the
Central Pacific and the S. P., it has
appeared that this project must lie in
abeyance as the S. P. claims largest
interest in the project as a part of
her future development in her twin
system of lines.
The country to be opened up by this
new line contains heavy tonnage, in
cluding lumber and timber. It will
have for Eastern Oregon shipments to
the south great advantage, as it is east
of the Cascades and would eliminate
the crossing of the Siskiyous at the
Oregon line, resulting in a more di
rect haul and cheaper operation.
Litigation has been going on during
the past ten years over the separation
of the C. P. and S. P. lines and now
that the supreme court has decided
for the separation both the Union Pa
cific and Southern Pacific are vieing
with each other- in promises to build
the Natron cut-off, depending upon,
of course, which one shall obtain re
sultant control of the Central Pacific.
Whichever way the matter is decided,
the result seems likely to be favor
able to Oregon.
Forest Fires Grow
More Threatening
Forest fires in timber holdings in
Washington threaten the greatest dev
astation of recent years. Crews are
combatting the flames which have
covered sections of Long-Bell,' Inman
Poulson and other lumber companies
during the past week.
New lookout stations have been es
tablished and new fire fighting ap
paratus including modern pumping
plants which have the power to raise
water 700 feet are in use. Thousands
of fire fighters are distributed over
the threatened or burning districts.
MOLALLA ROUND-UP
ATTENDED BY HUGE
CROWDS
The three-day Molalla roundup ended
today with an attendance of about 4000
About 1000 persons were said to have
been turned away for lack of seating
room inside the park.
One of the features of the program
was a series of . baseball games in
which Molalla defeated Springsdale,
Macksburg and Aurora. One game
was played each day. Other events
were band concerts, bucking contests
and races. A 2-year-old boy was the
hero of the races today, when he rode,
with his father.
PORTLAND HOUSEWIVES
REQUEST LOWER FARE
Thej Portland housewives council
has filed a petition with the state pub
lic service commission asking for the
reduction of street railway fares.
Among the claims set forth are: that
ther is downward trend in costs and
that 8 cents for fare is now since the
war is over, too much; that under
this excessive charge people cannot
afford to use the cars as they might,
under a five cent fare; and that the
present charge discredits the city.
The commission is expected to set
the date for this hearing at .the earli
est possible time after the hearing in
the matter of reduction of telephone
rates.
Mare Booze Found
Deputies Burke and Hughes brought
Charles Rocker 'from bis ranch near
Estacada to the. hotel de Wilson on
Friday.' He was booked on the charge
illicit manufacture of intoxicating
liquor. His equipment consisted of
a complete still, 200 gallons mash, and
one jug moonshine booze.
Mrs. Matilda Druschell passed on at
the home of her daughter in Canby,
Sunday evening.
A native of Germany, the deceased
came to America 66 years ago and has
lived at Canby more than a quarter of
a century. She leaves several chil
dren including Mrs. Louise Koehler of
Canby and Mrs. Minnie Zimmerman
of Portland.
Funeral services were held this
morning at the Evangelical church.
Interment was in the Zion" cemetery
at Canby.
MOTION FOR NEW TRIAL
IN $20,000 DAMAGE
SUIT IS FILED
Undue Influence Upon Jury
Detrimental To The
Defense Claimed
MISCONDUCT CHARGED
Many Affidavits Favoring Defendants
Presented Arguments Before
Judge Morrow
Motion for a new trial in the case
of Dr. H. S. Mount against Drs. Orel A.
Welsh, M. C. Strickland, A. H. Huycke,
C. H. Meissner, W. Ross Eaton, G. A.
and C. E. Stuart was filed with the
county clerk on Saturday and argu
ment wil Ibe heard by Judge Morrow
of Portland at a near date.
The original action brought by the
plaintiff grew out of the publication
of a communication, alleged libelous,
and in which the defendant physicians
scored the acceptance of a twenty-five
dollar fee charged by the plaintiff for
performing an autopsy on the body of
Alex DeFord and in .which they also
questioned the accuracy of his find
ings in the case.
" The result. of the first trial was an
award of $20,000 to the plaintiff. Gen
eral surprise was expressed over the
amount of the verdict and announce
ment was made that the case would
be carried to the highest courts. It
is understood that this motion for a
new trial is the first lap on the upward
journey.
In the motion are 119 reasons set
forth seeking a new trial. Affidavits
include charges that nine of the jur
ors were patients of the plaintifi and
none personal friends of the defend
ants and that some of the jurors were
hostile to defendants; that one juror
was in favor of returning a verdict
for $250 damages but voted for the lar
ger amount in order to get rid of the
case and go home. Another, affidavit
states that one juror who claimed
when examined to be unbiased had a
personal grudge against Dr. Welsh.
Charges are also made that one
juror talked about the case with per
sons not on the jury during the pro
gress of the trial; that plaintiff was
guilty of misconduct in suppressing the
report of Dr. Menne whom he em
ployed to make the autopsy, which
report defendants claim sustained
their contention as to the cause of De
Ford's death.
It is further contended in the mo
tion that jury members were influ
enced by the attitude of the Judge be
lieving that he would set aside any
thing but substantial verdict and if
a substantial verdict was not awarded
that the plaintiff would lose his license
to practice medicine in this state.
E. B. Tongue, Earl C. and C. D. La
touretto and Grant Dimick are attorneys-
f r the defendants.
BANK OF COMMERCE
IS SETTLED IN NEW
HOME
On Monday morning this week the .
Bank of Commerce, after occupying
the present Hogg building since its
establishment in December 1915, open
ed for business in its magnificent new
building at the corner of Main and Sev
enth streets.
The new quarters are unusually at
tractive and a credit in structure and
appointments to any city of even me
tropolitan character.
The building itself is of double con
crete fireproof construction with
cream brick surface appropriately
trimmed in white and with mahogany
doors. The interior is done in marble
with copper color frame and glass
cages. '
The heating and lighting systems
are modern in every respect.
The coin and securities vault is
acetalyne torch or burglar proof with
triple time locks. Its, doors are of 6
inch steel weighing 12,000 pounds
each. . Besides this vault there are
two others, one for safety deposit box
es and one for storage.
The apartments for convenience of
the business and patrons, consist of
offices for president, cashier, and as
sistant, coupon room, directors' room,
and mezzanine floor for the bookkeep
ing department.
In this new and modern building
Oregon City takes pride. And in every
such substantial improvement there is
encouragement to continued progress.
WINNERS IN BUY AT
LETTER CONTEST
HOME
Mr. E. B. Charman of Oregon City .
has been judged winner of the first
prize of $15 for the best letter on the
subject, "Why we should buy at
Home." Mr. Charmans letter was pub
lished in last weeks issue of the Banner-Courier.
.
The second prize $10 has been
award, to Mr. B. L. Calverly of Oregon
City, whose letter appeared on the Buy
at Home page of June 15. Mrs. Opal
Borgess of Boring, Oregon was given
third prize and Mr. H. O. Neason of
West Linn was given one year sub- '
scription to the Banner-Courier."
f
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