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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 21, 1907)
THE 3iORMtx OKJblGOxMAN, THURSDAY, NOVEMBER 21, liM. T TO FIX THE JURY FAILS Democratic Judge Dismisses Prejudiced Venire in the Powers Case. DETERMINED ON FAIR TRIAL Sheriff and Deputies Were Directed to Strong Democratic Precincts in Summoning Men Judge Wants No Suspicion. GEORGETOWN, Ky.. Nov. 2D. The at torneys for Caleb Powers, In his fourth trial on a charge of killing William Goe bol, won for him today the first substan tial victory, when Special Judsre Morris sustained the motion to discharge tho second venire. Tho main contention throughout tho proceedings so far has been that politics has been injected Into the case at all previous trials: that an efTort to continue this condllton has been made in the selection of the venire of 200 men summoned from Harrison County, and that the defendant could not obtain justice at the hands of a Jury composed entirely of political opponents. It has been argued that It Is reasonable to sup pose that the 12 men ultimately selected to try tho case would all be Democrats. Picked the Democrats. For this reason counsel for Caleb Pow rs attacked the venire drawn from Har rison County. Testimony introduced to sustain counsel's view was Ineffectual until proof was forthcoming as to the political character of those sections of Harrison County from which veniremen were summoned, which demonstrated that these preolncts were largely Democratic, so much so as to create a suspicion that undue influence had been used In di recting the Deputy Sheriffs from Scott County towards these. Democratic pre cincts. The weight of testimony Introduced ex onerated the Sheriff of Scott County and his deputies, but the result of the work In Harrison County led to the expressing of an opinion that fcited a sensation. In sustaining the moWon of the defense. Judge Morris, an ardent Democrat and an appointee of Governor Beckham, said: Judge Wants No Suspicion. ( The proof Indicates that tho Demo er&tto majority In Harrison County was somewhere In the neighborhood of 1(100, perhaps more, In the last election. The proof indicates that in the pre cincts where the veniremen were sum moned there is an overwhelming pre domination of Democrats, not sq much In the last election as In previous elec tions, perhape. Now, In looking over these lists in proof here It must be striking that so many Democrats were summoned on these venires and so few Republicans. I do not want to preside at the trial of any man when there Is any just ground of suspicion that he has not had b fair trial and that there has been any discrimination against him In the selection of the Jury, for that Is the vital point of the trial and because there might be well-grounded suspicion of discrimination, and I do not think It more than right that I am going to sustain the motion to discharge the second venire. Following the order discharging the venire. Judge Morris overruled the mo tion to discharge the first, declaring that the objections to It had not been sus tained. But four of these remain, and they will tomorrow present excuses that may relievo them from duty. COMBINED TO DOWN SHARP llnrriinan Dines and Officials In dicted in Utah. SALT LAKE CITY. Nov. 20. The Federal Grand Jury today returned In dictment against the Union Pacific Railroad Company, the Oregon Short Line, the Union Pacific Coal Company, J. M. Moore, general agent of the T'nlon Pacific Coal Company, and Ever ett Buckingham, .assistant general su perintendent of the Oregon SJjort Line, for alleged violation of the anti-trust law. The technical charge is a combina tion in restraint of trade, those Indict ed having combined. It Is charged, to force D. J. Sharp, a Salt Lake City coal dealer, out of business because he had lowered the price of coal from that alleged to have been fixed by the so-called combination. Indictments were returned against the same cor porations and persons some months ago on the same grounds, but these indictments are now quashed, and the ones returned today take their place In order to perfect them, the previous Indictments, It was feared, not being technically perfect. SAYS RATES WERE EXCESSIVE Lumber Firm Complaln.-i to Commis sion Against Harrlinan. OREGONIAN NEWS BUREAU, Wash ington. Nov. 20. A complaint was filed today with the Interstate Commerce Commission by the E. H. Lewis Lum ber Company, operating In Oregon and Washington, alleging that the Harrl man roads In the Northwest In 14 dif ferent cases exacted freight charges on , cars of lumber shipped from Oregon and Washington to the East in excess of the legal rates published by the roads. All the excess charges were made subsequent to the time the new rate law went Into effect, and on this ground complainant asks the Commis sion to require the roads to refund tho amount of the excess and hereafter to conform to their published rates. BRIBE TO J3ETRAY UNION (Continued From First Page.) dined other ofTers of a similar nature since ho began, his Investigations. The caller said that he was open to a coun ter proposition. This party. Brandenburg pays, offered to assist him in the work he was doing. The statement then continues: I told him that I was about to leave for the. South and that I would communicate With him as soon as I had anything to say. Various communications passed between us up to October 28. On that date Mr. Gomp ers came to New York to meet me. We then together discussed a proposition. 1 am no; connected with the National Manufar tnrers Association, but his proposition was one that must be later taken up by them as the parties who are principally interested. James W. Vancleave, president of the Man ufacturers' Association, was Jn the city at that time at tho Waldorf but I did not know It. While Mr. dampers and I were conduct ing discussions and i was endeavoring to set legal counsel, my men in the Hotel Vic VTTFWIP toria found that there was a plot laid for me on Sunday the 27th. This trap I suc cessfully evaded and called all negotiations with Mr. Gompers oft before the matter was even put before the officers of the Manu facturers Association. Mr. Gompers wished to know what I Had secured in the way of material in the South, and In order to mislead him I gave him a fictitious typewritten page incom plete end unsigned. This is the paper which ha has read so dramatically. I am a friend of labor unionism and want to see the members of honest labor In the control of honest leaders. Mr. Gomp ers has foolishly precipitated a storm on the heads of himself and his friends. I shall have more to say tomorrow. DISLIKE CHEAP FOREIGN HELP Oregon City Paper Mills to Be Asked to Discharge Austrians. OREGON CITT, Or., Nov. 20. (Spe cial.) A petition Is In circulation re questing the management of the Wil lamette Pulp & Paper Company and the Crown-Columbia Pulp & Paper Company to discharge the foreigners that are working In the mills. There are a large number of Aiw trlanB employed in the paper manu factories here, and the Americans fear that foreign labor .may be obtained cheaply while so many men are out of employment. It la reported that In the event of the company declining to grant the request of the petitioners, a mass meeting will be called for the purpose of agitating the proposition. The mills have been practically closed for the past week on account of the low stage of water, but they will prob ably resume operations In a few days. MINGLE WIT Hi WISDOM LAWYERS OF STATE GATHER AT BANQUET BOARD. Annual Dinner of Bar Association at Commercial Club a Bril liant Affair. With true Democratic simplicity, the Oregon Bar Association held its annual "dollar banquet" at the Portland Com mercial Club last night. More than 100 of the leading Judges and lawyers of the state attended the dinner, which was enlivened by the presence of the Univer sity .Club Quartette, consisting of Frank Branch Riley, John D. Carson, C. B. Aitchlson and Henry Teal. In addition to singing appropriate verses set to popr ular music, following the Introduction of each of the speakers of the evening, the quartette made a hit with a selection of Its own composition, entitled, "I'm Working on the Railroad." being a trav esty on the financial panic. Thomas G. Hailey. newly-elected presi dent of the association, presided as toastmaster. State Circuit Judge Thomas O'Day was the first speaker when cigars were passed. In presenting Judge O'Day, President Hailey spoke felicitously and congratulated the organization- on the In fusion of so much new blood lrhthe form of younger members of the profession, to whom were extended a glad welcome. He urged the members of the association, as they honored their profession, the state and the Nation, to lend their best support, that the profession might be built up and receive the respect to which It Is entitled. Judge O'Day was presented as a mem ber of the bar who. If not in size. In time was the "baby of the courts of the state." Judge O'Day. In discussing "The Bar," likened -the legal profession to the connecting link between the people and the courts of the state. He urged either therepeal or the amendment of the at tachment law of this state, which he considered was solely responsible for tho condition that necessitated the calling of a series of bank holidays by the Gov ernor. He said it was largely the fear of an undue Invocation of the law of at tachment which alarmed the bankers and business men of the state, and sug gested the proclaiming of the holidays. In regard to this undesirable statute he said Oregon and California were the only two states In the United States that had such a law. In the other states he said the present financial trouble had not af fected tho courts in any way, while In this state all court business had to be suspended. John Leland Henderson, of Hood River, was scheduled for a toast on "The Law yer's Silent Partner." but substituted the reading of "The Barrister's Grief," from Shakespeare's "Richard the Third." The selection was read so well that It called for a verse from the" quartet. In which the ability of a lawyer to act at times was commended. Circuit Judge Thomas A. McBrlde, of Oregon City, was heralded by another selection from the quartet, entitled. "Boys Will Be Boys." This venerable Jurist, in disposing of the toast, "Hu morous Phases of the Law," kept the guests In a constant uproar of laughter with his recital of a few of tho amusing Incidents he had noted during a long and useful career on the bench In this state. In concluding his remarks, Judge Mc Brlde advised his associates not to take themselves too seriously, but rather to appear In their respective walks In life much as a $20 gold piece looks when dis covered In a pile of clearing-house cer tificates. In fulfilling the assignment, "The Country Precinct." A. S. Hammond, of Marshfleld, Injected a great deal of humor Into the subject. He took serious exception to the subject assigned him. explaining that the people of Marshfleld no longer considered that they were In the country. Instead, that town was held to be the hub of the universe. "The Bench and the Bar" and the relations of each to the other were discussed"- S. B. Huston, who took occasion seriously to criticise the disposition of sbme judges to exceed their prescribed function and officiate other than to enforce the law as they found it. George S. Shepherd, in responding to the toast. "The Law and the Facts," said he welcomed the annual banquet of the association for the reason that It afforded the practitioner one day in the year when he could say what he thought of the courts without being subject to a fine. He remarked humorously "that the fact the law had not received the re spect to which it was entitled was un doubtedly due to the courts themselves "If the Judges studied the facts more! Including the sciences and astronomy T have no doubt but that they would be' In a position to render betrtr decisions," he concluded. Circuit Judge H. L. Benson, of Klamath County. In speaking of 'The Circuit R(r." distinguished between the frontier jurist and the city Jurist who travels about In a Pullman ear. He said the circuit rider was fast becoming a reminiscence. Other toasts were responded to as fol lows: "The Science of Law." a. e Clark: 'Some Experiences of a Prose Eastcutor." Gus C. Moser, Deputy Dis trict Attorney: "The View From Below " Waidemar Seton. Justice of the Peace for East Portland, and "Municipal Taw " John P. Kavanaugh. Cltv Attorn,.. 1 Portland. - Matthew McCormick Dead. WOODBURN. Or.. Nov. 20.-Matthew - yv ". ?-. .Mat MM iirilllfU nn ll.ai.nn ..I . .... .,..... eer or died last evening at the home of his son Charles McCormick. of paralysis in the 87th year of his age. He was widely known throughout this section, and was highly esteemed. He was a native of Ireland. Two sons, John and Charles of this vicinity, survive him. LDVE LETTERS TO 01 (Continued From First Page.) you must not tell any one where you can be reached by telegraph. Plots Against Mrs. Brown. X want to ask you not to tall Madame that Max Is back. It will be Just like her to come aa soon as aha knows Max Is here. What will you do If she comes here? Go take possession of the B-street house, take all the furniture out of It and rent it wouldn't that be a good way to repay her? Send what furniture and pictures are hers to a storage house and store yours In a different place. I won't be at all sur prised to see her come after she knows that Max Is here. I saw la yesterday's Tribune a little Item that Mrs. Arthur Brown antrtalned at whist a day or so ago. It so arouses every feeling of resentment In me when she la called Mrs. Arthur Brown that I can't con trol my bitterness. To think that she goes by the name and holds that which I. in all right, honor and decency, ought to have, makes me a whirlwind of fury. It will be different some time soon, won't It. Arthur? Am I not the one woman you want to bear your name and represent you aa your wifa? Well, beloved. I know you will do what you can and I am content. I must take the babies home now. so good night. Let me hear from you at length about every thing. How Is Jenny Deal doing? Could you not have stayed aa well as not last week? How long before Max will go home, do you know? I will be very lonely to stay a whole month at Ketchum when I want to be somewhere else. Good night. Sweet dreams of me. T am loving you and longing to put my bead on your arm every night. DOLLY. Is she dear tonight? Sheaf of Letters In Evidence. Justice Stafford had no sooner taken his seat than Mrs. Bradley resumed her place in the witness chair. She Identified over 100 letters written at differ ent times by Senator Brown and her re plies. They covered the period from 1901 to 1906. It was evident that the sight of the letters produced conflicting memories In the witness, for she sobbed audibly. The witness took time to read some of the letters, In each instance replying In quav ering, faltering voice: "Yes, 1 wrote it." Examination of the letters brought out a code used by the pair. "Aluminum" was written In one of Mrs. Bradley's let ters, and she said It meant, "I love you." Transparent cloth, was pasted over the writing of many of the letters. Resuming her story, Mrs. Bradley said she had gone to the Brown home on the night of November 19 last and remained five days. She told Brown she had come to return some of his calls. "He seemed sort of paralyzed," said the witness, "and said I must not stay there, I said: 'I didn't say that to you.' I urged hlrn to keep his promises. He said: 'Go away'.' and he would tell me later what he would do. I said: 'If you don't Intend to keep your promises, tell me and I'll go away.' She related many Interviews during the five days, saying Brown did not stay tnere while she was there, but that she went to his office and upbraided him as a de ceiver. Had Thought of Snicide. "Did you at any time think of ending your life?" asked Mr. Powers. The reply was In the affirmative, but was Indistinct. "I was In the lowest depths of despair." she said, and added she determined to go away, and that even then he dissuaded her. "Did you then leave him?" asked Mr. Powers. "Yes." Witness sr.ld that even as late as No vember 27, 12 days before the tragedy, Mr. Brown had asserted she should re main In Salt l.ak and take a house. At that time he would say he could do noth ing for her and again he would renew his promise of marriage, when "we would go to Goldffeld, Nev., to live." As late as Thanksgiving day, 1906. they had dined together. "He was very kind, very ead, very dejected, at that time," she said, "and didn't want to talk," while she had be come very nervous. She contradicted the testimony of Mr. Kelley concerning visits to Brown's house, saying she had never walked around the house and thrown pebblesat it, nor carried a pistol there. Pursues Brown to Washington, Brown, she said, had told her of his Intention to come to this city, but she did not know the date. She became 111 December 1, after learning of his departuref but she did not care wheth er she lived or died. She could not sleep and had no appetite. Mr. Liv ingston had told her of Brown's depar ture and had given her money, which he said she could use In buying a ticket to go anywhere except to Gold field. She decided to go to Los An geles, and had bought a ticket and started as far as Ogden. but feeling that If Mr. Brown was beyond her In fluence he would not keep his prom ises, the Impulse seized her to follow him to Washington City, and she chRnged her ticket for one to that city. She had lost so much blood In her illness, however, that only will-power kept her ut, "I was very 111 on the train. I got so tired that I could hardly do anything," she said. "I slept very little and ate next to nothing: on the train." She could not remember what train she took out of Chicago. She arrived Saturday morning, Decem ber 8, after a night in which she had had little sleep, and several days of almost complete fasting. "Had you formed any purpose before reaching Washington of doing harm to Senator Brown?" asked Mr. Powers. Reads Mrs. Adams' Letter. "I had none: had formed none." She told of asking at the Raleigh Hotel for Senator Brown's room, and engaged one for herself. She changed her cloth ing and then went to the Senator's apart ment. She asked a maid when the Sena- The Lanpher. die in a hat always stands for superior quality. Soft hats In the newest shades and shapes. Stiff bats in dimensions that are becoming to the wearer. LANPHER HATS are sold by LEADING DEALERS LAXPHEE, SKINNER & CO. ST. PACL, UXSM. tor would return, and sitting down to wait, she saw a letter on the table and read It. This was Mrs. Adams' letter to Mr. Brown quoted above. Mrs. Bradley wept copiously as she told of It. She said she was distracted, and did not know what to do, and went out and walked all the forenoon. She had formed no purpose regarding the Senator. The Adams letter was then shown Mrs Bradley. She said: "Yes, I guess that's the one; H had something In It about me." She went back to the hotel several times and once her attention was at tracted by hearing the Senator's foot steps. "I knocked and went In. He turned and asked: " 'What are you doing here?' Did Not Know She Shot Him. "I said: 'I came to ask If you won't carry out your promises to me.' " "What did he say?" asked Mr. Powers. "I do not know. He Just rushed towards me." "What did you next doT" "I didn't know anying until 1 heard a shot which seemed to arouse me." Did you shoot him "I T not know. Judge.' "Did you go there for the purpose of shooting him? "I did not." "Did you go there with any purpose of revenge?" "No." "Did you know he was shot?" "I did not. I didn't know anything about i it." "What did he do?" "He Just walked the floor and swore." "Did you take aim?" "I did not" "Had you ever fired a gun before that day?" "I had not." Mrs. Bradley said she did not remem ber Mr. Taity s asking her -whether she was Mr. Brown's wife, nor anything about the room. This recital was given In a voice that scarcely rose above a whisper. Her feel ing at that time towards Brown, she. said, "was one of utter dependency, trust and love." "Can you give any reason why you shot Senator Brown?" she was asked. "No, I have no reason." The Adams letter was then read. Did Not Aim When Shooting. At 2 o'clock District Attorney baker be gan the cross-examination. "You say you did not aim the revolver? he asked. "Are you sure?" "I am." She said she did not remember taking the revolver out of the . andbag. nor did she recall destroying any letters or papers In her room. Some memoranda which Mr. Baker Intimated had been made by Mrs. Bradley In her room were exhibited, but she did not recall writing them. The documents had been torn up and -pasted together, but the witness in sisted that she had no recollection of either the writing or the destruction. She said she had also found other letters from Mrs. Adams In Brown's room, but did not read them. Mrs. Bradley said she had never before read any letters from Mrs. Adams to the Senator. "I knew of the old relations between them," she said, "but thought It had been broken off. Was Friend of Mrs. Brown. Mrs. Bradley said she had also known Mrs. Brown Intimately. "Did you go frequently to her house from 1898 to 1901?" "Not more frequently than she came to mine." "Did you take meals at her house?" "No more than she took at njine." "Did you frequently go there as often as two or three times a day?" "I did not." The witness went on to say that the friendship with Mrs. Brown had been broken off In 1901, when Mrs. Bradley's sisters had told Mrs. Prown of the rela tions between the witness and the Senator. Some letters relating to this rupture were Identified. One letter was signed "L. M. J.," and Mr. Baker asked the mean ing. The witness demurred to telling, but at last said that In his first letter he had called her a "little mint-Julip," and she had adopted the Initials. This caused general laughter. In which the witness Joined. In another letter written by Mrs. Bradley to Brown In July, 1901, and ad dressed, "My life, my all," Mrs. Bradley said: Hatred of Mrs. Brown. "I shall kill her or go mad!" "Did you refer to Mrs. Brown In that sentence?" asked Mr. Baker. "I don't know," was the reply. Mrs. Bradley did not deny writing the letter describing Mrs. Brown as looWng like "an Indian Chief," but said It was dated after they had broken off their friendship. Being asked if she remembered having written a letter to Brown prior to Septem ber, 1902, In which she used the expres sion, "the longer the madam stays there (In Senator Brown's Brlgham-street house), the more strongly entrenched is the enemy," Mrs. Bradley replied that she did not recall it. She admitted that she had told Mr. Brown that his older children by his wife did not need the at tention that her children deserved from him. But she declared she had never written him saying: "T need the Brlg-ham-street house for our "little ones and jf9BftBsvVt8nAs2D Piper Heidsieck. guished for I HUNTER BALTIMOReVe j hS WKmli l&SjfflM I IS NOW LABELED A BLEND OF STRAIGHT RYE WHISKIES. WHICH C&MS 5fPiWeZffi5Mi5 S MEANS THE INTERMIXING OF NOTHING BUT STRAIGHT t lHwEgPsA 7l5ffi! nY JJFJeS WHISKIES. MARYLAND'S PUREST RYE PRODUCTS ARE USED 5 hTOIw" YJrK tfflWfc$SlE&0i T TH'S FAMOUS BRAND ITS TONE AND FLAVOR j wSmfjfmM X S E AMER WHISKEY j for our unborn children." On objection the question was not pressed. Not Trying to Break Up Home. Referring to the passage In the third letter to Brown already quoted: "It aroused In me the bitterest resentment to see her spoken of as Mrs. Brown; It makes me a whirlwind of fury when I know that I ought to have your home and bear your name," Mr. Baker asked Mrs. Bradley If she was not trying to break up the Brown home. "I was not." she replied. "You have not heard the other side." she added. Mr. Baker brought out the fact that, when the son, Arthur Brown, was born, Mrs. Bradley was living with her husband, but Brown was paying her rent and Bradley was only paying her board. No one but herself and Brown, she said, knew Brown to be the father of the child, who was christened "Arthur Brown," not Arthur Bradley. There were about 40 persons present at the christening and. while no one knew the facts except her and the Senator, some of them had after wards told her they suspected the truth. ADAMS TRIAL N EARING END Case May Go to Jury by Saturday Night. SPOKANE. Wash., Nov. 20. A special to the Spokesman-Review from Rath drum. Idaho, says: After being on the witness stand almost continuously since 10 o'clock Tuesday THERE'S only one thing that beats a good chew of tobacco That's a good chew of the best tobacco and the best is always PIPER HEIDSIECK CHAMPAGNE FLAVOR PLUG TOBACCO Not only the best tobacco grown but the very choicest selections from the finest crops are used to make That's what has made it so popular among men of cultivated tastes that no other tobacco is considered good enough for them. Costs more than ordinary tobaccos, but is inexpen sive enough for any man who wants the best. Distin its delightful "champagne lasting enjoyment and unalloyed satisfaction. Piper Heidsieck is the only plug tobacco the sold in every good tobacco store. morning, undergoing direct and cross- examlnatlon, Steve Adams, who Is on trial here for the alleged murder of Fred Tyler, was let down, and Clarence Darrow, for the defense, said his side would finish within half an hour tomorrow morning. The state's rebuttal will not take long and It Is possible that the arguments may be begun some time tomorrow. In this event, the jury will have the case by Saturday night. James H. Hawley, leading attorney for the state, was at Adams all day. Two minor witnesses were called on direct and cross-examination by the defense, and then Adams again went on the stand. He said his memory was bad when pinned close on a date or an Incident, and like number of those who testified for him. crouched behind I don t remember. ine cross-examination was far more severe and much longer than at the former trial. New Northwest Postmasters. OREGONIAN NEWS BUREAU. Wash Ington, Nov. JO. Postmasters appointed Miles, Or., Edgar A. Johnson, vice R. E Cunningham, resigned: Rutledge, Or. wimam uuiinger, vice C E. Young, re signed; Star, Or.. Mary J. Harlow, vice MUos Pitcher, resigned; Greenacres. Wash., William T. Donohue. vice H. M. A.lams, resigned; Thornton, Wash Harry H. Goss. vice L. L Holt, resigned. Give Eagleson a Hearing. OREGONIAN NEWS BUREAU, Wash Ington. Nov. 20. At the request of Sena tor Heyburn. Surveyor-General Eagleson or Idaho, will he given an opportunity flavor gives ) to answer the charges on which his reslg- nation has been demanded, but the Sen ator apparently has no expectation tliat Mr. Eagleson will be retained. The second of Its kind in the country Is the picturesque temple of worship which 7000 Greeks at Lowell. Mass.. have built. It being a tioo.000 structure, with a brll 11nnt golden dome and two golden turrets. And It' -y Fact! Columbia Tailoring Acknowledges No Equal Better in character of fabrics; better in making and finishing; better in fit and style; hand somer, nobbier, more satisfac tory in wearing qualities, than any clothing of any other make tailor-made or ready-made to be purchased in this town. Columbia hand-tailored, made-to-measure garments cost a third less than other first-class tailor's productions and no more than the better grades of ready made. One order proves it. OUR Twenty -Five Dollar Kigh Quality Serges Black or blue, make a suit that for all-round service is incom parable at tho price. One "feel" of the goods, one look at the finished 3uits in our delivery room, will convince you that you need Columbia attire, both from appearance and economy stand points. Suits, $20 to $40. Over coats and Raincoats, $20, $25 and up. Trousers $4 to $10 OOLE.1 GR NT PHEGLEY, Mgr. ilks Building Seventh and Stark