ENTEKPK FIFTY-SIXTH YEAR No. 29. OREGON CITY, OREGON, FRIDAY, JULY 21,1 922. ESTABLISHED 1866 RUSSELL HECKER ASKS NEW TRIAL OF MURDER CASE Misconduct of Five of Jury Is Charged; Lack of Evidence To Warrant Conviction Is One of Three Claims Made. ERROR OF COURT IN RULING IS ALLEGED Action To Ask New Hearing Of Affair Taken One Day Before Final Lapse of Time. Motion for a new trial for Russell Hecker, convicted July 1 for the mur der of Frank Bowker, Portland musi cian, was filed here Tuesday by Heck er's three attorneys. Insufficient evidence to constitute a conviction, misconduct of the jury and errors of the court on points-of law are the three reasons given for ' the petition. The charges of misconduct of the jury are made on the basis of four af fidavits to the effect that during the course of the deliberation the five women members of the jury left the petit jury room and unaccompanied by the bailiff, walked into another room some distance down and across the hall. The affidavits are signed by George S. O'Neal and T. E. Shea, who were representatives of two Portland newspapers at the trial, by Percy M. j Johnson, one of the witnesses for both state and defense and by B. J. Heck- i er, father of the 24-year-old murderer. Error Is Claimed In claiming error on the part of the court the defense states that Judge Campbell erred in refusing to allow the motion for dismissal after the completion of the state's case in chief, erred in the admission of certain evi dence objected to and further commit ted an error in refusing to give cer tain instructions to the jury requested by the defense and in giving other in structions to which the defense Ob jected. None of the definite points indicated are listed in the motion, but will be argued when Judge Campbell "holds the hearing on the question. The motion for a new trial was fil ed 24 hours before the period for its completion expired. July 19 was set as the final date for the request to va cate the verdict and remand the case for a second trial. The motion is signed by all three of Hecker's attor neys, Gale S. Hill, Thomas F. Ryan and Gilbert L. Hedges. Shot In Self-Defense The Hecker case, tried in the local courts, was one of the most sensation al in several years. The death ot Bowker, and the subsequent sinking of his body in the Calapooia rlve were kept a complete mystery until the defendant himself took the stand. Hecker testified .that he shot Bowker in self defense as the result of a boot leggers' quarrel. The jury was out 59 minutes, when it returned a verdict of guilty in the first degree. Hecker at present is at the state penitentiary under sentence to be hanged on September 22 for the crime committed at Clackamas station on the night of Easter Sunday. His at torneys indicate that the case will be either fought through the lower courts again or carried to the supreme courts in an effort to br&ttk the verdict. MATCHES CAUSE DEATH "OF 15 MONTH OLD CHILD COTTAGE GROVE, July 13. The 15 month old daughter of Mr. and Mrs. Harvey Hough died this morning as a result of inhaling fumes from sul phur matches and from burns received "when her clothing caught fire. The child was found Wednesday with her clothing in flames but unable to make any noise because her lungs had been paralyzed by the fumes of the match es. The mother, who Is only 16 years old, hastily rolled her baby in bed clothing and smothered the flames. The child is supposed to have reach ed a box of matches from a nearby table and in playing with them to have caused their ignition. PORTLAND YOUTH LOSES LIFE WHILE SWIMMING TWIN ROCKS, Ore., July 13. Rob ert Shoemaker, 18-year-old son of Mr. and Mrs. A. W. Shoemaker of Port land, lost his life while swimming in Ocean lake near here yesterday. Life guards, who grappled for the body un til a late hour last night, failed to re cover it. According to witnesses, the "boy was swimming with a number of companions. He sank suddenly and appeared to have been attacked with heart disease. His parents live at Fifty-second avenue Southeast, Portland. OSWEGO CITIZENS DROP CHARGES AGAINST COPS Officials In "Cruelty" Case Puts Sudden End to Action. Investigation Made by Federal Under close investigation by gov ernment and other offiicials, the avow ed intention of Oswego citizens to file a complaint against the federal prohibition department -seems to be weakening, according to Jesse E. Flan ders, chief of the field force of the pro hibition squad. Following the arrest last Saturday night of Frank Marcellas, 18-year-old lad of Oswego, on a charge of drunk- j enness ana possession ui miuui, a. complaint was signed by the mayor and several citizens of Oswego charg ing prohibition agents with manhand ling the boy. The complaint, in wmcn the Oswego citizens alleged unneces sarily cruel treatment in subduing the boy, was to have been filed in circuit court, it ws understood. The charges were laid directly against Prohibition Agents Price and Christensen, who brought Marcellas to Portland after he had been arrested by the Oswego marshal and constable and taken to jail there. Price and Christensen had been in Oswego on official investigation, ac cording to Flanders, and when Mar cellas -was arrested it is said the may or requested them tc bring the prison er to Portland, as accomodations at the Oswego jail were meager. It was while the agents were taking the boy to that city in an automobile that the alleged 'unnecessarily cruel treatment' took place. TO AID WAR VETERANS To aid local ex-service men and -women concerning their disability claims and their expediting of any negotia tions which they might have under way with the government, Zach Tay lor, special contract representative of the U. S. Veterans' bureau, is to spend the remainder of the week in Oregon City. Mr. Taylor is" at room 204 Ma sonic building, and will be there til Saturday noon to aid all world war veterans seeking compensation be cause of war disabilities, former ser vice people unable to carry on their pre-war occupation wishing to take vocational training at the expense of the government, veterans needing medical treatment or hospitalization and those who wish to renew their war risk insurance. Mr. Taylor announced that the time for filing claims for compensation Is Bearing an end unless the veteran se cures a certificate of injury. The law gives the former service man five years after discharge to file claim or certificate of injury before August 9 of this year, he stated. "For instance," stated Mr. Taylor in an advance communication, "a man was discharged from the army or na vy December 1, 1917, and filed claim for compensation December 15, 1922. His claim must necessarily be disal lowed because he failed to apply for compensatiot within five year period unless he has a certificate of injury which he must get before August 9. The Veterans' Bureau is eager to have every veteran know the rulings on this important matter in order that no former service man or woman will lose his or her right to make ap plication for government compensa tion because of failure to secure this certificate of injury within the short time allowed." Announcement was made that the Veterans' Bureau representative will assist veterans of Oregon City in mak ing proper application for the certifi cate of injury, thereby protecting them against loss of compensation in case their war disabilities become ag gravated after August 9th or the five year period to such an extent that J they are compensable under the law. GIRL TO ASK CONSENT OF JOHN ROCKEFELLER CHICAGO, July 14. Mathilde Mc Cormick left today to make a final plea to her grandfather, -John D. Rock efeller, for consent to her marriage to Max Oser, Swiss livery stable proprie tor. ' Mathilde planned to Join her father in New York and after visiting Rocke feller they wilTsail for Europe. Russian Delegates are Ready to Leave; Hague Meet Ends THE HAGUE, July 14. The1 inter national conference on reconstruction of Russia ended today, except for the reports of the sub-committees and for resolutions that some of the delegates may propose. The Russian delegates, whom the allies blame for the break-up in the meeting, deny that they have changed their attitude. They said they were getting ready to leave at once unless invited to remain; Committee mem bers may remain here until next Wednesday. COUNTY AWARDS $111000INNEW ROADCONTRACTS Pavement of 9.1 Miles To Be Begun with 7-In. Concrete; Oregon Construction Co. Makes Lowest Bid on Work SALE OF BOND ISSUE IS SET FOR AUGUST 7 Action on Building Program Is Result of Decision To Join Funds for Financing. . Contracts totaling $111,9S0.30 for grading and hardsurfacing of 9.1 miles oft market and bond road in Clacka mas county were awarded to the Ore gon Contract company hero Monday afternoon. Over nine competitive ser ies of bids, the Oregon Contract Com pany secured the entire job which will involve the big portion of the work to be done this year. The contracts, and the - roads on which they let are: Molalla south, one mile, $8,838.55; Wright's Bridge section of Molalla road, 3 miles, $37,903.55; Oregon City-Molalla road south from Oregon City 2100 feet, $7,603.68; South End road, two miles, $26,383.60; Hardscrab ble road, 2.1 miles, $31,256.52. , All of the improvements are to be of seven inch concrete, 1, 2, 3 mixture, of the Oregon State Highway commis sion specification. The 'roads are to be built nine feet in width for the ma jority of the contracts, but in some places 16 foot pavement is included. The awarding of the contracts is the result of the decision of the coun ty court to combine both market and bond road funds on some of the main county improvements. The sale of a $152,950 bond issue August 7 is pend ing to finance the improvements. Electric Company Files Answer to 6 Cent Fare Petition SALEM, July 17. Declaring that "8 cents is not too much for a 10-ceat ride," the Portland Railway, Light & Power company today filed with the public service commission its answer to the petition of the Housewives' Council of Portland for a return of the 6-cent fre. Present rates in ef fect on the lines of the Portland street railway system, the answer points out. based upon the traffic handled, are not sufficient to provide for actual operating expenses, depreciation, tax es and a reasonable return upon the value of the street railway property. The answer contends that not only are the rates charged patrons of the Portland street railway system not ex cessive, but on the contrary are lower than in many other cities of the Unit ed States. At the present time, it is pointed out, a fare of 10 cents is in effect in 140 cities, six other cities have a fare of 9 cents, 26 cities pay 8 cents per ride, with an extra cent for transfers, and 83 cities have a fare of 8 cents. Ex-Soldier Drowns When Canoe Upsets SALEM, July 17. Lester Cram, 26 years old, an employe of a local rest aurant, was drowned here last night when the canoe in which he and James Anderson, another restaurant worker, were riding upset. Crum, it was said, was unable to swim, although he had informed An derson that he could. When the ca noe capsized, Anderson, believing Crum could swim, paid little attention to him and proceeded to push the ca noe the sixty feet to shore. C. W. P,attison, employed at the Salem paper' mill, recovered Cram's body with the aid of grappling hooks. Crum is survived by a widow. He was an ex-service man and a member of the Oregon National guard. State Bonus Body Commission Wins in Oregon High Court SALEM, July 18. Tie state bonus commission won in the supreme court today when a decision was handed down sustaining the commission as the final authority in making apprais als for loans to ex-service men and women. The title of the case was: Edwin Stevens Woodford, respond ent, vs. Ben W. Olcott and members of .world -war veterans' state aid com mission, defendants and' appellants appeal from Marion county The opinion by Justice Rand reversed the decision by Judges Percy Kelly and George Bingham, and the case was remanded with directions to sustain the bonus commission's demurrer and to dismiss the proceeding. FUNDS MAY BE RAISED TO AID RECOUNT CASE! Friends Say That Governor Is In No Position to Bear All Costs of Primary Recount. SALEM, July 18. Countering the efforts of the Ku Klux Klan, which is raising a fund of $50,000 to finance the contest instituted by Senator : Charles Hall against the nomination ! of Ben W. Olcott for governor on the J Republican ticket, Salem friends of I Olcott this morning announced the or I ganization of a eommittee to receive funds to defray the governor s share of the expense in the recount pro ceedings. "Governor Olcott is confronted by an election contest which no doubt ! will be expensive," reads the state ment made public by this committfie today. "We feel, in justice to Gov ernor Olcott, that this expense should not be borne by him and we know that he is not in a financial position to bear such an expense. We- feel that he was fairly and Justly nominated in a fair and square contest and we urge those friends who feel able and wish to do so to make such contributions as they care to to protect the interests of he friends and supporters of the governor who assisted to give him the nomination and do not wish to" see it taken from him unless it is shown definitely and honestly that there has actually been such a miscount in the ballots as would fairly deprive him of such nomination." 2 STILLS FOUND GOING Neighbors State Man Jumps Out of Window and Runs Away With Two Suitcases. PORTLAND, July 13. Firemen who dashed to 708 Alleghany street at about 5 o'clock yesterday afternoon to put out a fire caused by an exploding kerosene lamp, fo v ! JL two bis. stills op-1 erating upstairs in the hottse,. but no operators in sight. ' Shortly before the fire broke out. neighbors who turned in the alarm declared they sawy a man leap out the front window of the house and flee with two suitcases. There were four people living in the dwelling, two men and two women, according to the neighbors. In addition to the stills, the firemen found seventeen barrels of mash, sev eral gallons of moonshine, prunes, sugar, bottles and jr"r supplies enough to keep an indiJous moon shiner busy for about six months. FIRE DESTROYS 2 CARS Broken Trolley Causes Blaze At Fern Ridge; Barrels of Oil Rolled From Flames. A broken trolley wire set fire to two freight cars at Fern Ridge sta tion, on the P. R. L. & P. line, shortly after 2 o'clock Sunday morning. The train was en route to Oregon Ciity. The two cars, one a box car and the other a flat car, were loaded with freight for points on the Willamette Valley Suthern railway. In the freight were several barrels of oil which the crew succeeded in unload ing, and rolled out of reach of the flames. The Oregon City fire department re sponded to a call for help and assisted in quelling the fire, but not until two cars were completely destroyed to gether with a large quantity of the freight. YEAR OLD BABY IS NOT FOR SALE SAYS MOTHER BYESVILLE, Ohio.J July 13. Thir teen months old Richard Turner is off the market. - Love for the child late today tri umphed over Mrs. Augusta Turner's desire to see her mother cured of can cer and funds for the operation will have to come from some other source. The child will not be sold. "I love my mother and I want to save her, but I can't give up my baby boy," Mrs. Turner says. The mother said she had received no answer to her "For sale" adver tisement, published in a Columbus pa per, in which she set the price of her mother love at $3000. She offered to sell Richard to ob tain funds to prolong her mother's life. The child's grandparent, Mrs. Leon Dubois, physicians said, will die unless she is sent to a sanitarium for treat ment which will cost approximately $3000. I OAK GROVE DANCE dfdmit DnmifFn I LIU III HLIUllLU BY COUNTY COURT License To Operate. Pavilion , At Beach Cancelled Thru Action of Judge With Two Commissioners In Accord. SUNDAY STEPPING IS CAUSE OF NEW ORDER Fight Over Legal Phase Of Question Looms; Lengthy Controversy Here Recalled. The Oak Grove Dance pavilion li cense has been revoked by the county court. With all three members of that body concurring, the permission under the county laws to run a dance at Oak Grove Beach has been withdrawn. The action comes as the sequel to a long series of events, starting the first of the, year when the license was issued by the two commisioners. W. F. ' Harris and W. W. Proctor, over the protest of County Judge H. E. Cross At that time a vigorous campaign against the dance hall was 'waged by the residents of the district on the bas is of the conditions there the year be fore. A petition protesting against the license, with some 80 signatures at tached, was presented to the court. The revocation of the license was upon the basis that dances are run there cn Sunday. The license ex pressly prohibits this- action. It is' further cited in the order that the no tice had never been posted as required under the county provisions. The Oak Grove management howev er claim that a county license is not needed. As the "Oak Grove Beach So cial Club" they are operating as state incorporation and refuse to take any cognizance of the action of the county court. The operators of the beach are Har ry Tregraskis and Mrs. M. L. Hubbard A ltjral tangle, oveF v;hy.her or not the dance can be closed on Sunday or whether it can be' closed at all is expected. The sheriffs office has not intimated what action it would take, although a number of arrests on var ious charges have been made at the beach this year. At the time the li cense was issued, it was done over the further protest of Sheriff W. J, Wilson and police matron Mrs. M. E, Church. Silverton Block Is Menaced By Blaze of Unknown Origin SALEM, July 13. Six horses were burned to death and an entire business block was menaced for a time today when a fire, starting from an unde termined source, broke out in the Fred Lawrey stables at Silverton shortly after 4 o'clock this morning. The stables, a lumber yard owned by the Silver Falls Timber company, and the H. L. Stiff Furniture store each suffered damage. The total loss was estimated at $7800. About $1000 insurance was carried by Lawrey. Since three tons of hay were placed in the Lawrey barns yesterday, it. is believed that the fire may have re sulted from spontaneous combustion. When first -discovered the blaze was well under way and fighters feared it might spread rapidly. One Killed, Three Seriously Hurt In Logging Car Wreck LA GRANDE, July 13. William Palmer, aged 12, was almost instantly killed and his father, James Palmer, Mrs. Pete Mengas and Leonard Leslie were seriously hurt when a car of a logging train on which they were rid ing broke loose from the train and dashed down the logging road from the Palmer Lumber company camp to Vincent on the Joseph branch, where it was derailed. Several others were on the car, but escaped. Palmer and Leslie were members of the train crew. The dead body and injured were rushed forty miles -to la Grande, arriving here late last night. It is not thought any of the injured will die. Failure of brakes i3 given as the cause of the crash. Mrs. James Palmer, mother of th dead boy. and Mrs. Mengas six months' old baby escaped unhurt. Five Year Old Boy Drowns In Columbia ASTORIA, July 14. Eino Matson, 5 year old boy, was drowned here in the Columbia river Wednesday while playing on a log. Another boy who was with him on the log said nothing of the accident- until too late. The body was found yesterday. The boy was. the son of Mr. and Mrs. Alrick Matson of Astoria. CAPITAL INCREASED. RY BANK OF WPJl $50,00c Raise Vlf III Resoo to Two Millions ; Building Improvement Plan A $50,000 increase in the capital of the Bank of Oregon City was voted Thursday night at a special stock holders' meeting. The increase will raise the capital of the institution to $150,000. The surplus of the bank has been increased to $30,000. The change in the capitalization Is the second since the bank was found ed here with a capital of $50,000 in 1881. In 1916 the capital was increas ed to $100,000. The latest change will give the institution, which is the old est in the county, the largest capital stock in its field, and will raise its to tal resources to approximately $2,r 000,000. Plans for renovation of the bank quarters are being drawn and work will be started in about, two weeks. The complete revision of the arrange ment of the fixtures is planned together- with added accomodations for the bank's customers. The definite detail, however, has not been completed, and the architect is at work upon it. "The increase in the. capital of the bank," explains Will T. Wright, presi dent, "has been made necessary by the increasing business in order to keep pace with our growth. The aug mentation of the capital stock has been made solely through the earn ings of .the bank." No changes in the organization or directorate of the bank, are planned at this time, Mr. Wright stated. LIVES OF TWO BOYS ARE SAVED; LOSES OWN LIE ELLENSBURG. Wash., July 13. Unable to save her own life after she had saved the lives of her two small children, Mrs. Pearl McMikel, aged 30, of this city, was instantly killed yesterday when she was struck by an eastbound special train on the Chica go, Milwaukee & St. Paul fine, four miles northwest of Ellensburg. -The mother; accompanied -fey : her two children, was crossing a railroad trestle when the, speeding train ap proached. - She seized both boys and set them aside ' in safety, but appar ently became paralyzed -with fear as the engine swooped down upon her. Members of the train crew declared she had ample time to save herself. She was struck when standing in the middle of the track. She was the wife of Wfllar McMikel of this city, and a daughter of Mr. and Mrs. Mitchell Stevens, early residents of the Kittitas valley. She is survived by her wid ower and three children. 300 BARRELS OF WHISKY TAKEN BY 60 BANDITS OYRK, Pa., July 15. Sixty armed men with 15 trucks raided the Foust DistUery near Glen Rock early, today, seized 300 barrels of whiskey and dashed for the Maryland line. George Strine, a guard, said he was surrounded suddenly by men with au tomatics, who forced him to phone the police here that everything was "ait right." He was able to report the facts of the gigantic raid pnly aftev the bandits had loaded every barrel in the place on their trucks and dis appeared. Keeping the three guards covered, according to Strine's story, the raid ing "army" rolled barrels .of whiskey from the storage room on the third floor ot the distillery down to their fleet of trucks. Having secured their booty, the. caravan of trucks roared away, headed apparently for the Mary land liine. Oil Controled By Monopoly, Is Federal Charge WASHINGTON. D. C. July 13. That "monopolistic situation" with re spect to gasoline prevailed over the entire country, due to the fact that in terlocking stock ownerships in the several Standard oil companies have perpeuated the very monopolistic control which the courts sought to terminate," was asserted today by the federal trade commission which rec ommended in a report to congress the enactment of legislation prohibiting 'common stock ownership in corpora tions which have been members of a combinatin dissolved under the Sher man law." Dealing specifically in the report with conditions in the gasoline trade in Montana and adjacent states, where the commission declared the crude petroleum producer and the gas oline consumer were "both at the mer cy of the Standard through a monop olistic position perfected in 1920 and 1921" by acquirements of the Standard Oil company of Indiana, the commis sion reported the conclusion that "con ditions In other sections of the coun try are not radically different" ' MAINSTREEr FIRE DAMAGE $56,000; CAUSEJS ENIGMA Early Morning Blaze Sweeps Over Quarter Block; Loss Involves Many; -Laundry and Restaurant Are Razed. EIGHT ENDANGERED BY SUDDEN FLAMES Structures Engulfed in Short Time; Heavy Pressure Aids " Department in Hard Fight. Fire of mysterious origin which did $56,7o0 damage at three o'clock Tues day morning, razed a quarter block at Fifth and Main streets and endan gered the lives of eight people. The blaze broke out in a vacant half of a store building, formerly occupied by Alex Scheierman, a tailor. The fire was discovered by E. T. Mass, special night officer, but had gained such headway that by the time the fire department arrived, the . three structures at the corner were entirely engulfed in flames. The losses are estimated as fol lows: Oregon City Laundry,. $30,00dT with $10,000 insurance. Loss to property of laundry customers, $10,000. Gil bert shoe store, $3000. Fifth street restaurant, $6,500. Washburn and May garage, $5,000. Red Front Cloth ing store, $1,000. Ketchner confec tionery, $500. Individual residence damage, $750. Laundry Suffers Big Loss The Oregon City laundry, which smas tained the most serious loss was pur chased by Knoepel and Schofield from C. L. Blakesley and son about a month ago. It had just been installed with cmplete new equipment. Blakesley and his wife and two grand children, Lavina and Ernest, Jr., occupied an apartment over the laun dry. The little girl was awakened by the flames cattng through the walla of her bedroom and aroused the fam-"' ily. They had barely time to escape in their night clothes. C. A. Rosen crans and his wife and son and L. E. Blakely, who occupy rooms adjacent to the structures which were burned were warned of the fire barely in time to escape. Blakely succeeded in sav ing his automobile, but all of their personal belongings were burned. Blakely owned the Fifth street rest aurant, which was a total loss. The building was owned by C. P. Gates, of Portland. L. Wolf, of 33 N. 3rd St., Portland, who owns the Red Fronr clothiing store, damaged by the flames, recently, purchased the shoe store building in which the fire start ed. The building to the north of the fire was saved by fire proof struc ture. Car Is Destroyed The garage of Washburn and May to the rear of the laundry building, was destroyed. One car was lost. The Overton home, directly to the north of the quarter block, was dam aged and several other residences, in cluding the Thomas Pope home on Water street, were slightly damged. The flames were fanned by a strong; wind and in spite of the seven lines of hose with 120 pounds -of pressure could not be controlled until the buildings were completely burned. The use of the pumpers was not ne cessitated as there is sufficient pres sure below the bluff at that point. The fire had been practically extin guihed at four o'clock. The firemen, when called to fight the Main street blaze, had returned about two hours before from burning the dry grass along the face of the bluff. This work had taken about six hours. SWEEPING IOWA STORM DES MOINES, la., July 17. A storm of tornado proportions struck Boone and surrounding territory last night, according to meager reports received. It was reported that a cyclone hit the town of Ogden, twenty miles west of Boone. Telegraph and telephone wires are down in this section. Boone's electric plant is out of. commission. At Colfax, twenty miles east of Des Moines, a number of buildings were blown down and all windows in the business block were broken. Trees, blown down by the storm, are blockading the streets and roads. Wire communications to Ames, Og den, Grinnell, Boone and Newton are down and the latter town is reported to be in darkness. Weather bureau reports indicate that the storm caused considerable damage to crops. It was accompanied by pevere lightning. Telephone reports from the vicinity of Boone, thirty-five miles northwest of Des Moines, stated that a score or more of persens were slightly injured when automobiles in which they ware riding were Hewn into ditches. Inter-' urban street car service to Boone has been abandoned. (