QTY
OREGON CITY, OREGON, FRIDAY, JULY 7, 1922.
FIFTY-SIXTH YEAR No. 27.
ESTABLISHED 1866
RUSSELL HEGKER
FOUND GUILTY OF
BOWKER
MURDER
"Guilty of murder in the first de
gree," wag the verdict brought against
Russell Hecker here Saturday. ' After
deliberating for 59 minutes, the jury
which was trying him for the slaying
of Frank Bovker. Portland musician,
returned a finding upholding the in
dictment for the crime committed at
Clackamas station Easter Sunday last
Under the verdict Hecker must
'' hang.
Hecker, standing before the bench
to .hear the verdict, sank into a chair.
For a moment he sat as if stunned,
then slowly let his head sink into his
hands. But he didn't cry. Down
stairs, his mother, whose face had
grown more haggard as the trial pro
gressed, went - into hysterics. Her
shrieks, which filled the aged court
house, did not stop until a physician
was called. Almost unconscious, the
woman was removed to a hotel room,
where she was given immediate medi
cal attention.
Sweetheart Despondent
Nellie Lainhart, Hecker's sweet
heart, shrieked with grief upon being
informed of the verdict. Later, in the
sheriff's office, she lay despondent in
the arms of the 24-year-old youth who
next Wednesday will hear from trial
Judge Campbell the sentence for his
crime, for which the jury made no
recommendation of leniency.
Hecker's father, who had sat at the
boy's side during the entire trial, was
stunned by the verdict. For an in
stant his color blanched, but with a
set expression he turned and laid his
hand upon his son's shoulder.
The defece immediately will move
for a new trial, Thomas Ryan, one of !
the attorneys, stated. A two weeks'
interval for the perfection of the nec
essary legal detail has been allowed
by Judge Campbell.
Argument Is Limited
The case was sent to the jury at
3:37 o'clock Saturday afternoon. The
arguments of the attorneys, limited to
two hours on a side, consumed the
morning and part of the afternoon ses
sion. Judge Campbell's instructions
to the jury were brief, outlining the
genera 1 terme of the law and the con
stitution of the four verdicts which
could be returned, varying from first
degree murder to manslaughter.
The opening argument for the pros
ecution was made by George Mowry,
deputy district attorney of Multno
mah county. A plea for either the
capital sentence or a complete vindi
cation was made by the state in sup
port of the contention that the crime1
was premeditated and committed in
cold blood. The position of the bullet
wound in the back of the head, the
removal of all the markls of identifi
cation on the body, the sinking of the
corpse in the Calapooia, the borrow
ing of a pistol and the purchase of a
nop sack were dealt on by the attor
ney as evidence of murderous intent,
also the fact that Hecker's commis
sion on the bootleg deal was to be
small, and his taking of the money
from Bowker's pockets.
Stipp Closes Argument
Livy Stipp, district 'attorney in
charge of the prosecution, gave the
closing argument for the prosecution
He covered the entire ground of the
prosecution's statements, showing the
corroboration of the state's story with
that Of the story told by Hecker, ex
cept the minor deail of the struggle,
introduced as self defense.
Gayle S. Hill and Gilbert Hedges, at
torneys for the defense, conducted
' the closing arguments'. The boy's
story of the sinking of the body in the
Calapooia and the other inexplicable
actions, were results of the panicky
state of mind of the lad after the
crime. They drew at length upon the
intent of both Bowker and his broth
er Albert to accompany Hecker on
the trip after the liquor, stating that
this bit of evidence was proof that the
Bowkers had inended to rob Hecker's
friend of the liquor and that it was
their intent which was premeditated
rather than that of the defendant.
- The trial of Hecker for the offense
on April 16 opened here Monday last.
Its completion marks the end of one
of the most interesting and mysteri
ous cases in the criminal history of
this district. Bowker was discovered
to be missing. There followed the lo
cation of the blody car and the sur
render of Hecker by his attorney. A
trip to locate the body was made by
the defendant, his father, and attor
neys and the officers. Even the po
lice, directed by the elder Hecker, did
not know where they were going.
Stopped at the Calapooia, they were
shown the spot where the corpse had
been pushed over. But ho body was
located.
.'Body Is Located
Then the spots on the Clackamas
road near the rifle range were found.
The- murder car was traced through
its route to Albany. Then, on the fol
lowing Friday, the body of Bowker
. was located, in the river.
. Originally the case was to have
been tried in Multnomah county,
where the preliminary hearing was
held, but on account of Jurisdiction,
venue was changed and the indict
ment returned in Clackamas county.
Russell Hecker. on the witness
stand Friday morning, admitted the
killing of Frank Bowker, Portland mu
sician. In a heated argument, Bow
ker threatened to kill him, Hecker
told the jury, and he was torced . to
(Continued on page five.)
STATE HIGHWAY BODY TO
MAKE EXTENSIVE TOUR
KAL.KA1, July l. on July 6 mem
bers of the Oregon state highway com
mission will leave Portland on an ex
tensive trip, the chief feature of
which will be a joint meeting of the
Oregon and California commissions at
Crescent City, Cal., on July 10. The
gathering will be held under auspices
of the Roosevelt Memorial Coast
Highway association and will have for
its purpose the creation of a perma
nent organization for development of
highways on the entire West Coast.
Problems in connection with the Roos
evelt Coast highway will have chief
consideration.
PLANTED IN 2 STREAMS
M. A. Elliott, of this city, today
planted 20,000 Rainbow trout- in the
Molalla river and Milk creek, convey
ing the fish to their destination by
automobile truck. In order to meet
the necessary expense of conveying
these fish to that stream some of the
sportsmen donated towards the
cause. These are as follows: E. P.
Elliott, $1.00; M. A. Elliott, $1.00;
James S. Manning, $1.00; Jones Drug
Company, $1; E. J. Noble, $1.00; Jolft
A. Weber, $1.00; Jack Bannon, $1.00;
Frank 'Busch & Sons, $1.00; W.
Schwoch, $1.00; C. G. Miller Company,
$1.00; O. .A. Pace, $1.00; Huntley
Draper Drug company, $1.00; Dr. W.
Ross Eaton, $1.00; Price Brothers,
$1.00; George H. Lennox, $1.00; Bruno
A. Weber, $1.00; Dr. J. G. Nash, $1.00
E. L. Johnson, $1.00; C. W. Fnedrich
& Son, Hardware Store, $1.00.
The trout were taken from the Unit
ed States government fish hatchery at
Clackamas Station, and all were in
good condition.
This makes the tenth year that El
liott has deposited the fish in these
streams, making in all over 300,000
trout. He is well posted on the var
ious streams of the county, and is one
of the most enthusiastic anglers of
the state. ,
TEN4MNT MAY BE
GIVEN BANK DEPOSITORS
SALEM, June 29. Dividend checks
for 5 per cent of the total deposits in
the defunct Bank of Jacksonville are
being prepared by the state banking
department for distribution among
the depositors of the institution, ac
cording to F. C- Bramwell, state sup
erintendent of banks.
This is the first dividend to be de
clared since the bank was closed in
August, 1920, and Bramwell states
that he does not expect the total sav
ed to the depositors out of he wreck
ed bank will exceed 10 per cent.
Checks in' the first dividend will ag
gregate approximately $12,000, out of
a total of $250,000 in deposits.
5 YEAR OLD GIRL KILLED
BY WOMAN HATING LIE
DOYLESTOWN, Pa., June 29.-
Hating life and preferring prison to
liberty without being able to wear
pretty things, Emma Mack, 26, and
crippled, dragged herself twenty
miles over country roads to the jail
here and surrendered to answer to
the charge of killing a 5 year old girl
by giving her poison tablets.
"I don't deserve any pity," she
cried after confessing her deed to the
jailer. "Send me to jail for life,
lynch me, shoot me, kill me; I don't
care."
The child whom Miss Mack poison
ed was Anna Van Horn, who lived
with her parents in a bungalow ad
joining the home of Miss Mack in
Horslam.
VOTE RECOUNT DENIED
2 ELECTION CANDIDATES
PORTLAND, June 29. The ' elec
tion recount suits of W. W. Banks
against W. J. H. Clarke for state sen
ator and of John Coffey against R. J.
Kirkwood, Herbert Gordon, E. R.
Campbell and Louis Koehn for state
representatives, both on the Republi
can ticket, received a backset this
morning when Circuit .Judge Phelps
ruled that more definite ' allegations
of mistakes on the part of election
boards must be given by the two
plaintiffs.. .
He did this when he sustained as
a demurrer the motion of counsel for
the defendants designed to quash, the
charges of the two plaintiffs.
Judge Phelps ruled that it "is not
fair for disgruntled and disappointed
candidates to make general charges
of mistakes In counting by election
officials" and asserted that he could
not order a recount until he had more
proof that there had been such, mis
takes. The two plaintiffs were given ten
days to amend their motions of con
test, which it was indicated would be
done.
MAN DROWNED IN
WILLAMETTE AT
JENNINGS LODGE
Robert Spicer Loses Life In
Plunge From Boat; Efforts
To Resuscitate Victim of
Water Prove To Be Futile.
BODY IS RECOVERED
WITH LITTLE DELAY
Corpse Is Brought Here By
Coroner Pace; Is Sent To
Portland To Await Burial.
Roger Spicer, 30, was drowned In
the Willamette river at 5:30 o'clock
Tuesday afternoon. The accident hap
pened just across from the island at
Jennings Lodge.
Spicer with some Portland friends
were in a boat and the man who was
in swimming dove from the craft.
The bady was recovered almost imme
diately and Dr. Edward McLean was
called. All efforts at rescusitation
were futile.
Spicer's home was in Cela, Wash
ington, where his mother was living.
He was unmarried Spicer had been
working at a garage in Portland.
The body was taken in charge by
Coroner O. A. Pace and sent to a Port
land undertaking establishment pend
ing the funeral services in that city.
ACTION UPON ROOSEVELT
Washington, D; C. After a confer
ence with Forester Greeley, Represen
tative Pfawley . announces tba. three
units of the Roosevelt highway in Ore
gon are to be constructed this sum
mer through forest reserves.
The first is from Tidewater bridge
to Waldport, in Lincoln county, eight
miles, at a cost of $100,000. The sec
ond will be from Brush creek to
Mussel creek, in Curry county, six
miles, at a cost of $150,000. The third
south of Neswokin, in Tillamook and
Lincoln counties, 20 miles, will cost
$300,000.
This last unit has not yet been for
mally acted upon, it was said, but is
practically certain of approval and the
money is being reserved for it. This
makes a total of 34 miles.
In addition, there will be construct
ed 14 miles of road in Jackson county,
from Trail to Prospect and on the
Crater lake road, at a cost of $300,000,
and from Eugene to Florence, . be
tween Rimrock and Blachly, 24 miles
of road, at a cost of $300,000. All are
co-operative projects.
Construction of the Roosevelt high
way between Hebo, in Tillamook coun
ty, and Siletz, in Lincoln county,
which will cost practically half a mill
ion dollars, was one of the agreements
of the state highway commission.
Another section of the Roosevelt
highway to come in for attention is
the Sixes section, north of Port Or
ford, in Curry county.
The Rosevelt highway work in
Tillamook and Lincoln counties will
be participated in by the counties,
the ptate and the forest depar,tsicst.
DIFFICULTIES OF ROAD
BUILDING ARE PICTURED
The most difficult road building in
the United States the construction
of good highways through the Na
tional Forests of the West is shown
in a new United States Department of
Agriculture motion picture, "High
roads and' Sky-roads." The picture,
one reel in length, was made in the
western tier of states under the su
pervision of highway engineers of the
Bureau of Public Roads, which is in
charge of the Federal Government's
road construction work.
"The old frontier has gone, never
to return," says the film at its open
ing, just preceding a scene showing
the grave of Buffalo Bill on Lookout
Mountain overlooking Denver. A
contrast is drawn between the old
prairie schooners and pack trains, of
days gone by, and the motor cars of
to-day. Surveying on high mountains ,
and in narrow canyons, blasting, grad
ing, and surfacing are pictured, and
at the end some of the finished high
ways leading over the Continental Di
vide are thrown on the screen.
- The picture is the first of a series
dealing with the road building work
in National Forests. It may be bor
rowed from the Department of Agri
culture, or prints may be purchased at
the manufacturing cost by authorized
institutions.
THE HUMANITARIAN
"I use this horrible shriek horn on
my car for humane reasons," explain
ed Gilmore Hoft. "If I can. paralyze a
pedestrian with" fear, he will stand
still, and I am less likely to run over
him.
STORY OF OLD PIONEER
OF COUNTYCOMPLETED
Life of Samuel K. Barlow Is
One of Interesting 'Bits of
History of This District.
With the celebration of the centen
nial of the founding of Oregon City
being talked and definite plans under
way for the staging of a historic page
ant here, the history of the pioneers of
this district is assuming added im
portance. A sketch of the life of Sam
uel K. Barlow, one of the early pio
neers of Clackamas county, has been
completed for the Clackamas County
Pioneer Society. It follows:
The family history of Samuel Kim
brough Barlow is not known farther
back than seven generations from the
present. A tradition in the family
states that the blood of. Bruce and
Wallace was in their veins. By mar
riage, they become Scotch-Irish and
Welch.
John Barlow, the earliest known in
America, came from Scotland long be
fore the Revolutionary War and set
tled in Old Virginia. Many in the fam
j ily claim that he became a captain in
" the Revolution but the contention can
. not be substantiated. The Barlows
were known to be Quakers and thatl
fact rather -contradicts the claim.
They certainly were loyal Americans
and hated George the III and his fol
lowers, as the following incidents will
affirm: John Barlow's oldest son,
William, was one day accosted for
not giving up h& whole road to an
English red-coat. The order was
promptly disregarded and in the bat
tle of tongues and vehicles which fol
lowed, the result was disastrous to
his royal highness, cutter, horses and
all going over in the snow. Courtesy
prompted the American to set the
Englishman on his way which he ac--cepted
without further parley or de
mands. Soon after, another son, fail-
I ing to salute a king's officer was sum
I marily ordered to do so. The Salute
took the form of a blow which laid
the officer low in the dust of the
road. He was assisted to arise and
told to give orders to ' members of
his own command, if he wished them
t ho Hvrl Aftsr tho nffaio
was tfions:Ht.. the- bett t2tr" of valox
for this generation of Barlows to fol
low Daniel Boone into Kentucky.
Famous Inventions Made
Milton Barlow, another son of John
Barlow, was a gunsmith and manufac
turer not only some of the best Ken
tucky rifles but was the inventor
of a planitarium which was used in
teaching astronomy in many schools
of the country; he also made a bold
attempt at a mono-rail track which
was demonstrated with success on a
circular railway. He was also said to
be the inventor of the Barlow knife,
the first that could be closed with a
hinge and carried in a pocket.
William Barlow, the oldest son
married Sarah Kimbrough of Welch
descent and Samuel Kimbrough,
James, John and Martin were their
sons. John was with General Jackson
at New Orleans as master armorer,
James, was also in the service, but
Martin and Samuel were store-keepers.
There is no record of these two
brothers taking part in the war of
1812. Though both were Quakers, they
paid their war tax as well as that of
many other Quakers. In some mys
terious way, the brother Quakers nev
er let -the Barlows lose a cent, often
leaving money, corn or tobacco in the
store and never referring to the sub
ject of, taxes or payment.
Samuel Kimbrough Barlow was
born January 24th, 1792 in Nicholas
county, Kentucky. He made good use
of his liberal education and supple
(Continued on page five.)
AUTO IS HIT BY TRAIN
. ON CANEMAH CROSSING
Several persons in a light automo
bile narrowly escaped injury late last
night when their car was struck by a
Southern Pacific train at the Canemah
crossing. The driver, according to the
report, turned tha wrong way in com
ing toward Oregon City and ran down
the railroad track. The occupants
succeeded in getting out of the ma
chine before it was hit by the train.
The car was badly damaked.
FORMER KM HEAD IS
FOUND GUILTY BY JURY
BAKERSFIELD, Cal., June 30
John H. Vi telle, former exalted Cy
clops of the Taft Ku Klux Klan, was
found guilty on an indictment, charg
ing him with assaulting Dr. Dwight
H Mason of Taft by beating him
with ropes by a jury in the Kern
county superior court tonight after
more than four hours' deliberation.
He was acquitted of a charge of
assault with intent to commit mur
der and the jury disagreed on the
charge of assault with intent to do
great bodily injury by hanging.
The third indictment on which Vi
telle was convicted Is punishable by
from one to ten years in prison. VI
telle will appear In court for sentence
Monday. -
SPIRITOFFOURTH
IS PAID HOMAGE
THRUOUT COUNTY
8 Communities Hold Special
Independence day Program.
Picnics are Feature at Many
Observances; Talks Given.
BIG CROWDS ATTEND
HAWLEY PARK AFFAIR
Brush Blaze Started by Fire
Cracker Rages Hour With
out Doing Serious Damage.
Eight celebrations were held today
in Clackamas county, all of which
were largely attended. There were
over 2000 people at "the Hawley Auto
mobile park, when the A. F. and A. M.
Lodge of Portland had charge of the
day's program. One of the big fea
tures was the drawing of the automo
bile, the drawing taking place at 5:30.
Tickets at the gate entitled the bear
er a chance in the drawing. Some ex
citement was caused at 5:30 o'clock
when fire was started on the edge of
the bluff of the park by firecrackers,
necessitating the call of the fire de
partment, raging for about an hour.
Dancing was a feature of the day,
when an orchestra furnished the mus
ic for the occasion. The cars from
Portland were laden with picnickers
who remained for the evening.
There were about 7000 people at
tending the patriotic exercises at
Gladstone park, and among the fea
tures that drew a large crowd" in the
afternoon was the "baseball game be
tween Carus and Molalla.
Beaver Creek's community picnic
was attended by a large throng. Two
baseball games were enjoyed, and
there was enthusiasm during the
I games, a aance uiis evening cwswi
. tne festivities of the day.
New Era had a celebration, the first
in years, when the Warner Grange
planned and carried' out an excellent
patriotic program. The orator of the
day was Judge Grant B. DiDmick, who
made an eloquent address. There
were patriotic songs and readings that
also delighted the audience. Over
500 people attended the exercises,
which were held on the campmeeting
ground. '
The third day of the round up today
brought another big crowd, when Or
egon City and Portland were largely
represented. Many went by automo
biles, while a large number went over
the Willamette Valley Southern Rail
way, making special trips. The crowd
today was a record breaker.
Maple Lane's celebration was large
ly attended. A patriotic program was
given.
A large number from Oregon City
went to Sandy to spend the Fourth.
3,438 TRAGTORS SOLD"
A total of 3,438 tractors were sold
in-- the Prairie Provinces of Canada
during 1921, according to a report re
ceived by the Department of Com
merce from Consul General Brittain,
Winnipeg. Of these, 1.057 were sold
in the province of Manitoba, 1,655 in
Saskatchewan, and 715 in Alberta.
This repisents sales of new machines
only, in all sizes, the largest propor
tion being included in the two classes
from 6 to 12-horsepower, and from
10 to 20-horsepower. A limited num
ber of machines of from 14 to 25
horsepower and 16 to 32-horsepower
was sold.
i
These figures indicate a very mark
ed decrease as compared with tract
ors sold in 1920. The number of ma
chines sold in 1921 is slightly over
33 per cent of the total number sold
in 1920. The decreased sale is ac
counted for. largely by the depressed
condition in the market for agricul
tural implements, and not to any de
ficiency in the operation of the tract
ors themselves. It is estimated that
in 1921 there were 33,000 tractors in
Western Canada, of which the total
value was $24,250,000. The average
number of days during which each
tractor was operated in 1921 is giv
en as 22 days, which is about 21 days
less than for 1920. This is accounted
for largely by the limited amount of
new ground that was broken in the
past year.
The prospects for 1922 are much
improved, but in many instances the
farmers, as a result of the depression
of last year, are unable to find suffi
cient capital with which to purchase
new tractors. The farmers who are
using tractors are .well satisfied with '
them and there is no doubt but that
"the use of tractors will continue to
increase.
THEY MIGHT SERVE
I The florist sava "Sav it with flow
ers"; the candy man wants you to
say it with candy; the jeweler advises
us to say It with pearls, but, strange
ly enough, Heinz doesn't suggest that
one ought to say it with pickles.
- c
REDUCTION ,oARFARE
a? vS
rPORTLANDERS
SAlVM, June 30. Declaring that
"8 cents is too much for a 5 cant
ride," the Housewive's council of
Portland today filed with the public
service commission a demand for a
downward revision in streetcar fares
charged by the Portland Railway,
Light & Power company.
The demand is presented in the
shape of a - formal complaint againsl
existing rates in the city, of Portland
and is signed by Josephine Othus as
president, and Rose S. Young, secre
tary of the council, with Edwin M.
Cousin appearing as attorney.
The complaint charges that the 8
cent fare now exacted from patrons
of the Portland street railway lines is
"unreasonable, excessive and unjust
and therefore unlawful and that rea
sonable and just fares and charges
for the aforesaid transportation of
passengers would not exceed 5 cents
per passenger."
HIGH SCHOOL PETITIONS
OUT FOR DISTRIBUTION
New petitions pertaining to the es
tablishment of a union high school in
Canby will be distributed by County
School Superintendent Brenton Ved
der, covering twelve districts. Here
tofore when similar petitions were
distributed fourteen districts were in
cluded, but two have been dropped.
This is owing to the fact that a num
ber of the residents did not desire to
sign for the proposed institution.
Among the districts where peti
tions will be distributed will be Dist
rict No. 86. Canby; No. 18, Mindorf;
No. 20, Macksburg; No. 73, New Era;
No. 81, Union Hall; No.. 22, Oak
Lawn; No. 38, Mark's Prairie; No.
60, Union Hill; No. 63, Central Point;
No. 91, "Ninety-One;" No. 97, Barlow;
No. 110, Lone Elder.
These petitions are to be sent to
each clerk of the twelve school dist
ricts with the request that notice giv
en each school board that a special
election will be held. The election
will be, fcel at tie Wual noting places U&&ija?Fen-; were Mount's patients
in earh district fvn AiiLiisf 9th 1 922.Pf T?'- - .
in each district on August 9th,' 1922,
from 7 p. m. to 9 p. m. The question
of uniting said school districts for
high school purposes only, thus form
ing a union high school district.
The high school building is to be lo
cated on a certain tract of land do
nated by D. G. Clark and others. The
tract being, situated in district No.
86, and the school board of District
No. 86 has agreed to furnish suffi
cient "room to take care of all high
school students -for a period not ex
ceeding two years.
At a meeting of the committee held
at the Canby gymnasium on Thursday
evening those in attendance were en
thusiastic over the campaign. "The
committee is to visit the twelve dist
ricts to talk In the interest of he pro
posed union high school. A number
of the outside districts were represent
ed at this meeting, which was presid
td over by County School Superintend
ent Vedder. Similar meetings will be
held previous to the election fn Aug
ust. SEPTEMBER 19 TO 22 IS
DATE FOR COUNTY FAIR
A conference of the president and
secretary 'of the Clackamas County
Fair Association was held today in
the office of the 'president, Judge
Grant B- Dimick. The date of the
1922 fair was set. This will be on.
Tuesday, September 19 to 22, inclus
ive, one weelt preceding the Oregon
State "Fair.
David Long, secretary of the asso
ciation, says from all indications this
year's fair will exceed anything giv
en by the association, for unusual in
terest is being taken in the coming
event. Stockmen and poultrymen
from a distance are contemplating en
tering this year. The dairy depart
ment is also to be a leading feature.
Horse racing, always proving an at
tractive feature, will be on the 1922
program, and it is probable that Ed
Fortune will again be in charge. It
has been found necessary to make
improvements von the race horse
barns, and the wqjk will soon be
started.
WORKING ON BRIDGE
Robert Tremayne, of Barlow, em
ployed on construction work on the
new suspension bridge In this city,
met with an accident a few days ago,
when a splinter about three Inches in
length penetrated the arm and when
striking the arm bone the point broke.
The young man was removed to Ore
gon City hospital, where an operation
was performed and the splinter re
moved. -
Tremayne, who is a son of Mrs. An
na Tremayne, of Barlow, was able to
leave the Oregon City hospital the lat
ter part of the week, and i3 now re
cuperating at the home of his uncle
and aunt, Mr. and Mrs. Hal Lindsley,
of Beaver Creek.
NEW TRIAL ASKED
BY 7 DOCTORS IN
MOUNTLIBELSUIT
Motion Filed In Case Here Is
Based on Plea of Prejudice
And Finding of Additional
Evidence, Said Suppressed.
IMPROPER CONDUCT
OF JURORS CHARGED
Effort to Break Verdict For
$20,000 Is Commenced By
Attorneys; Action Waits.
Based uporf claims of prejudice and
the discovery of new evidence, claim- -ed
to have been suppressed By the
plaintiff, the seven defendant doctors
in the so-cailed Mount Libel suit, Sat
urday filed a motion for a new trial. -The
case, heard in the circuit court
here resulted in the awarding of a
$20,000 verdict to Dr. H. S. Mount
against O. A. Welsh, M". C. Strick
land, A. H. Huycke, C. H. Meissner,
Ross Eaton, C. A. Stewart and George
Stuart. The action was for $50,000
based on a libelous publication made
to the county court.
The motion for the new trial, among
the 119 reasons set forth in the vol
uminous document, claims that three
of the jurors in the case were guilty
of misconduct during the trial. Affi
davits in support of "this contention
are attached, stating that certain of
the jurors openly discussed the action
while it was pending and expressed
either a preference for one side of an
antipathy toward the qther.
It is also contended hat some of
the jurors were personally hostile to-
ward the defendants, and had admit
tedly preconceived opinions. None
an r:6ne of the jury were personal
friends of the defendants, the motion
claims. It further states that only
nine of the 12 signed the $20,000 ver
dict and that one of their number
was in favor of giving the plaintiff
only $250 but voted for the larger
amount because he wanted to get rid
of the case and go home. "
The claim that the verdict is ex
cessive is substantiated by affidavits
from the defendants, claiming that
five of them are worth less than $3,
500 each.
Misconduct of the plaintiff is
charged in the "suppressing of the
report of Dr. Menne, a pathologist
whom he employed to hold a post
mortem on the body of Alex DeFord,
which report sustains the contention
of the defendants and discredits the
contention of plaintiff as to the cause
of death." In-the communication to
the county court, the defendants
claimed that Dr. Mount's diagnosis of
DeFord's death was incorrect and
the medical issue became one of-the
principal . points of the trial. Dr.
Menne who performed a post mortem,
was east, and could not testify, the
plaintiff claimed, as to his findings.
The defense objected that no depo
sition had been presented and con
tends that Menne's findings substan
tiate their claim.
The motion contends further that
some of the jury were influenced by
the attitude of Judge R. G. Morrow,
who 'heard the case, being cf the
opinion that he would set aside any
thing but a substantial verdict. Affi
davits to this effect were obtained
from the jurors. It is also alleged
that the jurors ware influenced by
the belief that if a substantial verdict
were not returned the plaintiff would
lose' his license to practice medicine
in the state.
Want of evidence to sustain any
claim for punative damage is also al
leged, together with the statement
that the amount of $20,000 would
practically double the capital of the
plaintiff and bankrupt five of the
seven defendants.
The motion for the trial is to be
argued before Judge Morrow of Port
land, "who sat on the case here.
Ear! C. and C- D. Latourette and
E. B- Tongue, and Grant B. Dimick,
are the attorney's for the defense.
SUIT TO COLLECT $256
FILED IN CIRCUIT COURT
Mrs. Nina Taylor has brought suit
in the circuit court of Clackamas
county against Garfield Schwartz for
the sum of $256 and costs. Injuries
have been received by her nine-year-old
son, Samuel Taylor, who was
struck by an automobile owned and
driven by Schwartz, while the lad was
crossing the Abernethy bridge in the
northern part of the city on May 25,
1922.
In the complaint the plaintiff says
that the child stepped behind a park
ed car, and that Schwartz recklessly
and carelessly failed to have his car
under control and ran Into the child,
causing injuries. The boy's leg was
broken. '