S THE WEATHER S $
-$ OREGON CITY Fair Sunday. $
S Westerly winds.
3 Oregon Sunday fair. Westerly S
winds. 3
S Washington Sunday Fair. West-S
erly winds. 3
3 Idaho Sunday fair.
CLACKAMAS COUNTY S
FAIR
S ' CAN BY, OR. 3
SEPT. 24, 25, 26, 27. 3
8 $)
WEEKLY ENTERPRISE ESTABLISHED 1866
VOL. V. No. 103.
OREGON CITY, OREGON, SUNDAY, MAY 4, 1913
Pee Week, Ten Cents,
GLENN
GAULT FREED BY JURORS
IN 45 MINUTES; GOES TO WORK
YOUTH WHO SLEW STEP-FATHER LEAVES COURT ROOM WITH
, STAIN OF MALICIOUSLY TAKING HUMAN LIFE REMOVED FROM
CHARACTER GEORGE C. BROWNELL'S CLOSING ARGUMENT,
"" TOGETHER WITH PRISONER'S DEBEANOR WHEN UNDER FIRE
FROM PROSECUTION, BELIEVED TO" HAVE INFLUENCED JURY.
On the verge of his majority he '
will be 21 within a month or so i
Glenn Gault, after almost a year in ;
prison, is a free man, and the strain
of the charge of murdering his step-
father in cold blood has been remov-:
ed from his character by a jury of j
twelve men, who listened for two i
days to the evidence introduced for
and against the young man. It took j
the jurors just 45 minutes of deliber-'
ation to reach their verdict, and five j
minutes after they re-entered the
court room young Gault walked ouf.
on his mother's arm, his face bright j
with hope, and voicing the determin- i
ation to return to life with the firm ;
purpose of conducting himself as a
good citizen.
Gault's ordeal reached its climax
late m the afternoon Saturday, atter ;
the waning light of day had made V
necessary ior nanus 10 turn on xne ;
electric lights in the court room, and
when their yellow glare . made the
faces of spectators, prosecutor ' and
jurymen alike turn sallow and cold, i
It was then that Prosecuting Attorney I
Tongue, in his closing- statement, j
pointed an accusing finger at the ,
young man, and in sybilant tones that j
reached every corner of the chamber, j
told the jurors that he firmly believ-
ed that the young man had, with ma-
lice and premeditation, deliberately;
picked a quarre with his step-father,
knowing full well that toe older man
would probably attack him, ana had ,
relied upon this attack to give him
the excuse of self-defonse later on
when he would be called upon to ex
plain the blows he struck, and which
sent D. M. Leitzel to a higher judg
ment.' Charges Direct Malice
"The indictment charges this man
with deliberate, premeditated mur
der," said Mr. Tongue. "The defense
admits, the killing. Evidence has
shown that the boy entered his home
on this fatal night, picked up an axe,
and went to chopping wood. He took
care to sea that he was armed. Then"
with the axe in his hand, he deliber
ately provoked this old man to a quar
rel, by throwing back at him all the
things that he had done to him in
times gone by. When Leitzel, in his
rage, rushed at the boy, he felled
him. Had he gone no farther, per
haps he could plead that he had acted
in self-defense. He had resisted force
with force, he had put his adversary
out of the way of doing him immedi
ate and further harm.
"But he did not stop then. In his
own words, words which the defense
does not controvert, he went further,
and this shows the malice in his act.
With his step-father down and out,
and squirming on the floor before
him, as he told some of these wit
nesses you have heard, he hit him
again as he says it: 'I batted him
over the head a couple of times to
put him out of his misery.' "
Boy Winces at Charge
As the prosecutor reached this clim
ax of his case in his appeal to the
jury, Gault blanched and bowed his
head. Tears sprang to his eyes, and
instinctively his hand went out to
wards his mother who sat beside him.
But before the hand touched her he
had recovered his self possession,
and drawing back his hand he
straightened in his chair, and looked
the jurymen all of whom were re
garding him closely, square in the
eyes. It was the turning point of
the trial, many who noted the circum
stances believe; and the boys be
havior under the terrific grilling he
received, coupled with the masterly
defense afforded him by George C.
Brownell, Gordon E. Hayes and Ros
coe Hurst, swung the verdict in his
favor.
Mr. Brownell, of counsel for the
defense, fought for the boy's life as if
it hid been his own. Ever alert, and
taking advantage of every bit of evi
dence in the lad's behalf, he built up
a 'defense that showed the hoy had
Wanted!
Girls and Women
To operate sewing machines
in garment factory.
OREGON CITY WOOLEN MILL
$25
S25
PLANS AND SPECIFICATIONS FOR ANY SIZE OR DESIGN BUN
GALOW MADE TO YOUR OWN IDEAS FOR ONLY $25.00. PROMPT
SERVICE AND EXPERT ADVICE GIVEN. CONSULTATION FREE
:i-VtWi,4r?.a:)rUr.i.,3tJS;..ffA--'
m
SPECHT & GOULDING
Architects and Engineers
.416 Behnke- Walker Building
4th and Yamhill Streets, Portland, Oregon
been the victim, long before the fatal
quarrel, of a series of cruelties that
would have Droken many a man.
From time to time Mr. Hayes, asso
ciate counsel, detected an overlooked1
flaw in some bit of evidence, and i
brought it to the attention of the j
court.
Closing Appeal Stirring !
Mr. Brownell closed the case for !
the defense. His plea for his client's j
life was earnest and without passion. !
He spoke to the jury as he would to
friends, discussing with them the j
various phases of the case, and not !
until the end, after he had built up !
proof of the self-defense of the pris-
oner did he appeal to the sympathies
0f the twelve men. When he did
mae tn;s appeal, however, his words
carried may of them back to their i
own boyhood days, when they had J
seen tneir hardships in magnified 1
form, as children
wrongs; and as he
do view their
terminated his ,
argument there was scarcelya dry i
eye in the court room.
Judge" Campbell was absolutely fair
in nis cnarge to me jury, anu. neuuer
counsel found anything for objection
in his remarks. They endeavored to
find opportunity in them for an
eleventh-hour plea in behalf of his
wag choke(J off b hig hon.
h tl Jnformed him that he
'lj8ved had been covered
. h h Judge CamDbell out.
Mned thg three degreg of gum which
! th jury could embrace in their ver
! diet, and then charged them that if
i they could not, beyond a reasonable
! doubt, find the defendant guilty in
I any of these degrees, it was their
j'duty to acquit him.
Much Testimony Taken
The case opened-Saturday morning
with the testimony of several wit
nesses "for the state, who did not ap
pear Friday because they were not in
the Gity. Mrs. Jones, a woman living
at Scott's Mills, testified that she
knew Mlrs. Leitzel and her soon Glenn
Gault. She stated that Glenn had
threatened to kill his father, "while
talking to her, and that she admon
ished him for it.
' Mrs. Maud Leitzel, mother of Glenn
Gault, and wife of the dead man, went
upon the stand at the request of the
defense, and told of a number of times
in which her husband had struck
Glenn Gault and had spoken of him
in vile language. She said that her
husband had threatened to kill the
boy, and had picked quarrels with
him. On one occasion, she said, her
husband had choked her and had
thrown her into the woodbox while
she was trying to keep him from in
juring her son. She stated that her
husband had called her vile and in
sulting names, and had insulted her
character to the neighbors. Prose
cuting Attorney Tongue subjected
Mrs. Leitzel to the most rigid exam
ination of the trial, but he was unable
to confuse her in the least. Her
story did not vary at all any of the
hour and ten minutes which she was
on the stand. Most of this time was
taken up in cross-examination. Mrs.
Leitzel told of her life with D. M.
Leitzel, stated that' they had fre
quently disagreed, and said, "When
my husband was not fighting with
me, he was picking a fight with my
son Gleen Gault, or his own son C.
K. Leitzel."
Son Against Father
C. K. Leitzel, son of D. M. Leitzel,
was brought upon the stand by the
defense. He testified his father was
of a quarrelsome disposition and had
threatened to "kill the Gault boy. On i
one occasion, he stated, Leitzel had '
gone into a rage over some little
thing which the boy had done, and
had picked up a pitch fork and at- i
tempted to run in through Gault. He
said that a day or so afterwards,
Leitzel had said to him: "Kirk, if
you had not interferred when you
did the other day, I would have killed
the little ." He stated that
Leitzel had constantly picked quar-
rels with the boy and had upon sev
eral occasions knocked him down
with sticks and straps.
In the afternoon session, Bertha L.
Frahlick was the first witness to be
examined.- Aitnougn now living in ;
Portland she had formerly lived near p(m cu on flatars and wWle a rail
Scott's Mills and had spent one month , ,a . machme Is not being used the
at the Leitzel home. She stated that jtrack.l g have become so profici-
ieitzei nas auusea ine uoy, aim iua i
he was a "vicious and villanous man.
no wnti a - v 15 snn vi annua man.
In 1909, she stated Leitzel had gone
into a rage and hit the boy over the
S2S
m
ft-V:.'--'-'
ii wiriLETr
CO MEN MAERY FOR LOVE OR FOR MOREY?
fi-M GomSTo ADVERTISE v . f , . , s,
THAT I INHERITED , f& WH BE ,'P - g?mM &EI ALL f I PtCX OHE FOR
I00 000. USTElt TO) j3 I GRKUD1. MO Wggl DOLLED UP SfetLT OOT OF
A BEAUTIFUL WOMAN ' "V h-$3&2&nt S WVWHK't," ?
. " . , t -
: . (THM 5&I00.00O GENTLEMEN1 I OOn't en if.f )
, . X TOORE THE -v 1 , INHERITED ONIT Si 00.00, .. WhfY wLrFn m I
LOVE WO'WOMW EVER N1CELY wiTH THNTrl CTM ALL'0 )
head with a milk stool.
Dan Major, a negro, who had work
ed for Leitzel, said that he was "an
exceedingly visious man." On one
occasion he saw him strike at the boy
with a knife.
C. Phillips, mail carrier between
Wilhoit and Mt. - Angel, stated, that
Mr. Leitzel had told him that he was
going to kill the boy.
E. H. Hawley, of Woodburn, also
stated that Leitzel had told him he
was going to kill the boy.
C. E. Leitzel, an other son of D.
M. Leitzel, the dead man, appeared
upon the stand as' a witness for the
prosecution. He stated that althougn.
he had not seen Gleen Gault for six
years, he knew that he had caused
trouble between his father and step
mother. He stated that he had vis
ited at home, and had frequently
heard Mrs. Leitzel swear at his father
in a vile manner. S. D. Adkins, of
Scott's Mills also appeared in behalf
of the prosecution.
After a brief recress, the state rep
resented by Livy Stipp, deputy dis
trict attorney, opened its first address
to the jury. Gordon E. Hayes, de
livered an eloquent address to the
jurors for the defense, saying young
Gault. who was but 17 years old at
the time of the crime, had been con
stantly tortured and brutalized by his
step-father and. had so many times
been on the verge of being killed by
him, that his act was simply one of
self-edefense.
LOCAL RAILROAD
IK IS
Improved weather conditions have
made possible the resuming of track
laying on the Clackamas Southern
railroad, and since Friday full crews
have been busy putting down ties and
steel on the newly graded right-of-way
in the neighborhood of Beaver
,-,v Tio. h!,ia,, ,lt fT.om rw
ent in handling the material that
., ...
rapra progress is being maae.
At present material is being hauled
by a construction locomotive, such as
i is used by general contracting firms;
' but orders have been placed for an
engine to handle he freight and pass
nger traffic on the line as soon as the
road is opened. The engine will be
procured from one of the big trans
continental lines, and will come from
their shops with the name of the new
road painted in bright letters on the
tender. Rolling stock for the line at
first will probably be borrowed.
As it is the Intention to eventually
usa electric power in operating the
road, orders for permanent equip
ment will not be placed until the line
has been completed well beyond Bea
ver Creek. By that time installation
of wires and power lines will be
commenced, and then a complete in
terurban equipment of the most ad
vanced design will be ordered by the
road.
Boost your
daily paper
cif by boosting your
Steininger's Auto Stage
TO MOLALLA AND RETURN
Leaves corner of 7th and Main
- St.. Oregon City, every day, ex
cept Sunday at 4.00 p. m. Get
tickets at Elliott's office, down
stairs.
SHERMEN Wl
M I
ROOM ON RIVER
MAJ. MCINDOE ORDERS DREDGE
CREWS NOT TO INTERFERE
WITH GILLNETTERS
COMMERCIAL CLUB GAINS RQJFE
Prompt and Courteous Reply is Made
by Federal Engineer to Request
of Oregon City Salmon
Catchers
Major J. F. Mclndoe, in charge of
the government dredging work on thi
Willamette, has replied to the letter
sent him by the Oregon City Com
mercial club in behalf of gillnet fish
ermen, and has notified President B.
T. McBain, of the club, that he has
issued instructions to the dredgers to
lower all cables to the bottom of the
river at night time, and in other ways
to refrain from any work that will in
terfere with fishing during the 30
day season open to local commercial
fishermen.
Mr. McBain forwarded to Major Mlc
Indoe a petition signed by nearly 50
of the local fishermen, in which they
set forth their hopes that the fedjral
government would change their river
improvement plans so that there
would be no interruption to fishing
during the season. Major Mclndoe's
reply to this petition and Mr. Mc
Bain s letter that accompanied it was
as follows:
"Replying to your letter of April
30, 1913, inclosing petition of Harry
Headrick and others requesting that
the work of deeping the channel of
the Willamette river in the vicinity
of Clackamas Rapids be carried on
with as little obstruction -as possible
to the salmon fishers, I beg to advise
you that the masters of each of the
two government dredges now at work,
have received instructions to avoid
so far as may Ue practicable the plac
ing of lines that will interfere with
the nets of the fishermen. At night
time, when I understand the most of
the net fishing is carried on, the
lines will be dropped to the bottom
of the river, and every effort made to
prevent damage to fishing boats or
nets.
"You can inform the petitioners !
that the necessity for keeping the i
river as far as possible imobstrnctec ij
during the progress of this work of !
deepening the channel between Ore- i
gon City and Portland is fully recog
nized by this office and any com
plaints of carelessness in this respect
addressed to me will receive prompt
attention."
Replying to the letter, Mr. McBain
sent the following reply to the major:
"Yours of the 2nd of Mliy at hand
and we thank you for the attention
given ours of the 30th April and the
instructions issued to the masters of
the two dredges now at work.
"Assuring you that your action will
be greatly appreciated by all interest
ed, and againg thanking you, remain."
Los Angeles . ., 621
Venice .531
Oakland 517
Sacramento .481
San Francisco .438
Portland 407
FARMER FATALLY HURT
While being taken to a Portland
hospital in an automobile, so that he
could receive medical attention M. H.
Taylor, an elderly farmer of Kerns
ville, near Estacada, died Friday af
ternoon, and the body was given into
the custody of Coroner Wilson. Mr.
Taylor was binding a load of hay
when the' pole broke and hurled him
to the ground, causing a fracture of
the skull. He wa about 60 years old
and leaves a family.
MRS. iMOUNT IS HOSTESS
Mrs. H. S. Mount, was the hostess
of a delightful luncheon Saturday af
ternoon in honor of Miss Myrtle Park
er, whose engagement to Dr. Clyde
Mount was announced some time ago.
Covers were laid for eleven about a
beautifully appointed table, in the
center of which was a hugerose bowl
filled with bridesmaid roses. About
the table were seated: Misses June
Charman, Myrtle Parker, Hester Dan
nennman, Cris Pratt, Wynne Hanny,
Marybelle Meldrum, Helen Daulton,
Bess Daulton, Neita Harding, Dollie
Pratt and Mrs. H. S. Mount.
CITY C. C.
TEAM PLANS GAMES
The baseball team recently organ
ized by members of the Oregon City
Commercial club has arranged a prac
tice schedule with local and neighbor
ing ball nines, and after playing these
games will challenge a number of oth
er teams for a series later in the
summer and early fall. Much enthu
siasm is being manifested by the
members of the club nine, and they
expect to be in fine from within a
short time. Already the members
aer developing considerable speed
and are working well together as a
team.
The practice schedule is as follows:
With Mt. Pleasant at Canemah Park
Sunday; at Portland, with the "Stil
ettos" May 25; at Salem with the Sa
lem -with the 'Salejp Athletic club
June 2 ; at "Vancouver, Wash., with the
St. James Athletic club June 8. and
on June 22 at Canemah park with the
same club again.
The Portland Railway, Light &
Power compang is fixing up the dia
mond and grounds at Canemah, and
will soon have the field in regulation
shape. v
To procure funds for uniforms and
other expenses the Commercial club
r T " f m i? tw.
Kit h
S' orchestra "
:
" LORD'S DAY SERVICES
Christian Church, Gladstone
Bible School, 10:00 a. m.
Communion and sermon, 11:00.
Subject, "The Lord's Day, Its
Observance."
Evangelistic service at 3 p. m.
Subject, "Believing in Jesus."
Evening service at 7:45 p. m.
Song service by singing Evan
gelist E. E. Fleishman and choir.
Subject of sermon, "Disciples of
Christ, or Christians."
Closing service with a large num
ber to be buried with ChriBt in
Baptism. Brethren and friends of
the' church at Gladstone, in Ore
gon City are invited to services.
. . R. L. DUNN, Evangelist
STATE'S NEW RECALL AMENDMENT
MAY YET BE PROVEN INEFFECTUAL
ATTORNEYS WHO INVESTIGATE RECENT POPULAR LEGISLATION
FIND THAT NO PROVISION IS MADE N LAW FOR EFFICIENT
ENACTMENT MEASURE AS IT NOW STANDS SAID TO MERELY
PROVIDE MANNER BY WHICH POPULAR DISAPPROVAL OF OF
FICERS MAY BE EXPRESSED; BUT POWERS ARE LACKING.
Local enthusiasts who desire to re
call certain of the county officers may
find, provided they secure a sufficient
number of signatures upon their pe
titions to make it seem evident that
a recall is desired by any substantial
percent of the electors, that such an
election cannot legally be held in the
state of Oregon. Startling as this
possibility may seem, there is a very
grave doubt as to whether the recall
amendment of the state constitution
is operative, or even legal, in spite of
the fact that under what were be
lieved to be its provisions, several re
call elections have already been held.
Investigation of the law leads many
attorneys who have looked into the
matter to believe that the amendment
adopted by the people is ineffectual,
and that if its wording were question
ed and the matter taken before the
supreme court, the justices of that
tribunal could not do otherwise than
declare the measure inefficient and
useless. The amendment as it reads
is not sufficient to make the recall of
any officer possible until there shall
have been enacted legislation in aid
of the amendment.
The amendment, by its terms, says
that "there may be required twenty
five percent, but no more, of the num
ber of electors to file their
petitions demanding his recall by the
people."
, There is in the foregoing phrase
nothing but a provision that "there
may be required." Necessarily the re
quirement must be by law either
that of the legislative assembly or
that of the people. No such legisla
tion has been had. .
There is another provision which
makes legislation necessary, which is
HIGH SCHOOL LADS
TACKLE CHAMPIONS
On a slow field, with alternating
sunshine and slfowers, members of
the Oregon City high chool track team
made a most creditable showing
against the crack team of Vancouver
high school, at Vancouver, Wash.,
though the champions of Southwest
ern Washington took the local ath
letes into camp by a total score of
points of 79 to 33. Oregon City en
tered the meet crippled by injuries to
two of fcer best men, but nevertheless
won three firsts in the series of
events. Considering the class of ath
letes that they went up against, the
members of the local team feel that
they did even better than was to be
expected.
Ernst Cross and Kent Wilson, who
had been relied upon to uphold Ore
gon City were hurt in practice dur
ing the week, and another of the men
was taken ill while on the field, and
though he fought gamely, was inable
to establish the mark that he had
made during training. The list of
events, with the finishing order of
the contestants, follows!
50-yard dash Wilson 0. C. H. S.)),
Shanedling (Van.) Collings (Van.)
Time, 5 2-5 seconds.
220 low hurdies Crocker (Van.),
Wilson (O. C), Damback (O. C).
Mile Roberts (Van.), Davis (Van.),
Hathaway (Van.) Time 5 niin. 30
2-5 seconds.
Shot-put Steel (Van.), Rotter (O.
C), Crocker (Van.) Distance 35 ft.
100-yard dash Miller (Van.), Shan
edling (Van.), Crocker (Van.). Time,
10 2-5 seconds.
110 high hurdles Damback (O. C),
Crocker- (Van.), Collings( Van.)
Pole vault Zilley (Van.) , Kellogg
(0. C), Meyers (O. C.) Height, 9 ft.
440-yard dash Roberts (Van.),
Hathaway (Van.), Cross (O. C),
Davis (Van.) Time, 54 seconds. "
220-yard dash Miller (Van.), Cross
(O. C); Crocker (Van.) Time, 25 sec
onds. High jump Roberts (Van.), Dam
back (O. C), Hathaway (Van.), Kell
ogg (O. C.) Shanedling (Van.) Height,
5 ft. 8 in. .
Broad jump Collings (Van.), Wil
son (O. C), Damback (O. C.) Dis
tance 19 ft.
Half mile Chandler (Van.), M.
Hathaway (Van.), Davis (Van.)
Relay race Vancouver.
COAST LEAGUE
At Portland Venice 2, Portland 1.
At San Francisco Sacramento 10,
San Francisco 2.
At Los Angeles Los Angeles 12,
Oakland 0.
WANTED !
1000 TO 2000 ACRES IN ONE BODY OR NEARLY SO NOT
OVER $35.00 PER ACRE. WHAT HAVE YOU TO OFFER?
W. A. Seek:
Molalla
Exclusive Agents for Gregory Addition, Kaylor
Addition and Harless Adition to Molalla.
as follows: "Such additional legisla
tion as may aid the operation of this
section shall be provided by the legis
lative assembly." 'No such legisla
tion has been passed.
J. E. Hedges, a local attorney who
has, among others, been looking into
the matter of the recall amendment,
comments on the above condition of
affairs as follows:
"Evidently the people in adopting
the amendment with such language
contained in it contemplated further
legislation before the amendment
should become operative. As far as
$ have been able to determine, no
such legislation has been passed that
makes the measure operative in this
county."
Investigators of the recall law as
it stands today have also found that
there is no nrovision in it fnr tho
payment of the costs of a special elec
tion. Thus, under a strict interpreta
tion of the law, there is no responsi
bility that can be fallen back upon by
people wh0 print ballots, and in case
of dispute those ordering them print
ed, or ordering any other expense in
curred, might have to put up the
costs themselves. There is no pro
vision in the law that definitely sets
it forth as the duty of the county to
pay the costs of such an election.
This may have even more bearing
on the local recall election than the
other phases of the matter, for such
an election would cost, as near as can
be computed, from $5,000 to $6,000.
Former elections, at which only men
voted, cost the county an average of
$3,000 apiece; and with the women
voting, as they now have a right to
do, the cost would be practically
doubled.
CHARTER LOSES;
USHLIGHT WINS
PORTLAND, May 4. (Special)
Early this morning primary election
judges were still busy talying the re
sults of Saturday's muncipal ballot
ing. Returns at one o'clock indicat
ed that Mayor Rushlight had gained
the republican nomination for re-election
by a lead that Gay Lombard, his
nearest opponent, could not possibly
overtake.
The .vote on the charter was ex
ceptionally close. At one this morn
ing the charter was 14 votes behind,
and in all probability, if the final
count is in the same proportion, a r-
count on that feature will be demand
ed. As it is now th-- new charter is
very much in doubt.
The vote was exceptionally light,
only 47 per cent of the registration
turning out, and this in .spite of the
fact that the women voted heavily.
In the councilmanic race Council
man Clyde and Charles F, Ryan, a
former theatrical man, are in the
lead. Judge Tazwellls topping the
list for municipal judge.
The returns up to an early hour
this morning indicate that the same
interests that has ruled the city for
the past four years will win practical
ly from the line.
IG CONFERENCE
FINDS ECHO HERE
Dr. T. B. Ford has been requested
to take up the work of organizing a
local committee in the interest of the
Second World's Citizenship Confer
ence to be held in Portland, June 29
to July 6, and will bring this matter
before the meeting of the pastor's as
sociattion next Monday at 10T30 a.
m. It is hoped that all citizens who
are interested in this cause will as
sist. The conference at Portland is to be
one of the greatest gatherings of the
time. President Wilson, Secretary
Bryan, and many of the great men of
the country, and others from all coun
tries are to be present, and take part
in the work of the conference, which
covers every phase of modern world-life.