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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 20, 1908)
10 . THE MORNING OREGON JAX, WEDNESDAY, MAY 0, lOS. 1 OUTLINES CASE OF DEFENSE Says Shaffer Threatened Bloodshed on Night of His Tragic Death. SUITTER FEARED TROUBLE Attorney Dan J. Malarkey Makes Opening Statement in Trial of ex-Policeman for Killing Longshoreman. The jurors who are to try the case of the state against Nathan H. Suitter, charged with murder in the second degree in killing- Henry Shaffer, were sworn in yesteraay morning'. Then Peputy District Attorney Adams and Attorney Dan Malarkey, for the prose cution and defense respectively, made their opening statements. These were finished at 2:30 yesterday afternoon, when the Jury was taken to view the premises at Mallory avenue and Fail ing street, on the East Side, where Shaffer was shot by Suitter, who was then a policeman. The first testimony In the case will be taken this morning, begining at 9:30. That on the night of the shooting, while the party in honor of Mrs. Shaf fer's birthday was in progress, Shaf fer told Suitter that he intended to kill Jacob Holzworth for making a complaint against him. and that when Suitter remonstrated with hlnr he an swered, "Well, d n you, you keep your nose out of this, or I will kill you. too," was the assertion made yes terday morning by Mr. Malarkey in his opening statement to the jury. Holzworth is the owner of the prop erty which was occupied by. Shaffer. Mr. Adams, for the state, described the scene of the shooting, using for the purpose two maps' of the prem ises, including the adjoining buildings. He said that Suitter went to the Shaf fer home at 7:30 P. M. on the night of the killing, and that when he left Mrs. Shaffer supposed the incident closed. He said that as the woman speaks German, and was formerly a resident of Russia, she failed to under stand all that the officer said. He then narrated how Suitter returned to the dwelling where the party was in progress, with another officer, entered the place without ceremony, and took his position with his back to the rear door, opening from the kitchen, while his brother officer went to call for assistance. Shooting Not Provoked. v While Mrs. Shaffer was attempting to whisper something in German to her husband, after the latter had re quested of the officer permission to leave the building, said Mr. Adams, Suitter fired three shots. Mr. Adams said the testimony will show that they penetrated the left side, the second bullet passing through the spine. Mr. Adams compared the party to a church service, saying that those as semblies were making no more noise than " would have ben made by a choir and pipe- organ. Mr. Malarkey sarcastically referred to this comparison when he ob tained the floor by saying that the shout ing and stamping on the floor, mingled with the occasional tones of a fiddle, could be heard for blocks. "Let me tell you about some of the preparations Mr. Shaffer made for this hilarious gathering, which my friend Adams compares (although it is sacrilege to do It) to a peaceful church service,' continued the lawyer. "Shaffer had an eight-gallon keg of beer In the bath tub. 'It was on tap early in the afternoon. In the basement was another one, a 10-gal-lon keg. It was full. Besides these they had demijohns of wine and whiskey, for this peaceful little church celebration. That night when Officer Suitter appeared on the scene the party had drained the small keg, and had started on the sec ond. Mr. Malarkey said that the testimony would show that Shaffer was looking for trouble, having informed his next-door netghbar, Chester Shaffer, who is not a relative, that he was "going to show Holzworth that he would do as he pleased, eypn if It was In Holzworth house." Owing to the frequent hilarious gather ings at the Shaffer home, which are said to have disturbed the neighborhood, Holzworth had been endeavoring to com pel .Henry Shaffer to move. Showed Her His Star. , Suitter lived on Mallory street between Mason and Skidmore streets, about two Mocks from the Shaffer home. His beat, however, was In another part of the city, and he was preparing to retire when Holzworth called to have him quell the Shaffer disturbance. When he called at the Shaffer home Suitter was not in uni form, but showed his star to Mrs. Shaf fer, who came to the door. Mr. Malar key said that testimony would show that when the officer asked Mrs. Shaffer to have the party be more quiet she replied that it was their house, that they paid the rent for it. and that they intended to do as they pleased. It appears that Shaffer afterward came to the door, and taking the officer by the arm. walked htm oft down Failing street, at last asking him who it was that made the complaint. The officer declined to tell, asserted counsel, upon which Shaffer said he thought It was Holzworth. and that he intended to kill him before morning. Suitter remonstrated and Shaffer threat ened the policeman's life also. They went back to . the residence, her Suitter stood guard while his fel low officer went for reinforcements. Mr. Malarkey asserted that Suitter told the. party they were all under arrest. Shaffer attempted an attack upon Suit ter. when it became necessary for the officer to use his gun. , It came out during the morning ses sion that Mrs. Puitter. the wtte of the officer, is a cousin of Mrs. Chester Shaf fer, who was a neighbor of Henry Shaffer, who was. killed. It appears that when her husband left for the Shaffer home she took her child, and went to Chester Shaffer's, fearing to be alone. When the morning session of court ad journed Mrs. Shaffer and other witnesses for the stat. who were In the room, took up a discussion of Mr. Malarkey's statement of the case, warmly asserting that he had distorted the fact?. Both Mrs. Shaffer and Mrs. Suitter remained in court throughout the day. They were both dressed plainly In black. Occasionally Mrs. Shaffer brushed away a tear with a black -bordered handker chief. With Mrs. Sutter were her two little children, one of whom is a babe in arms. Suitter sat by hia wife, calm ly listening to the preliminary proceed ing of the court. Much difficulty was experienced yes terday morning in securing the twelfth juror. The defence used the last two ot lis 13 peremptory challenges and before the last man was accepted seven had been excused. The state used only four of- ita six peremptory challenges. J. W. Brennan. a laborer employed at the of fice of the City Engineer, was the last man chosen. The completed jury is as follows: H. C. Hardman. grocer; Thomas J. McNamee. a candidate at the primary election for the office of Constable; L. H. Deardorf, farmer; Robert Kennedy, commission merchant; William Harder, railroad man; Richard Heimbach. for merly with the City Board of Chari ties; H. E. Clark, stair builder; A. J. Hayseth, formerly a grocer, now with an Albina flour mill; Thomas K. Lewis, farmer; H. L. Colvin, logger; H. L. Dav enport, collector for the Pacific Tele phone Company; J. W. Brennan, la borer. " " Courtroom Is. Crowded. All day yesterday the courtroom was crowded with spectator. Judge Cle land will issue an order today that when the spectators have filled the benches In -the courtroom, no more may be admitted. The order will be en forced by a Deputy Sheriff. Agent Hall, of the Longshoremen's Union, was present in the courtroom yesterday throughout the day. Shaffer was a member of the union. - EXTEND LIE SOUTH Harriman Road Will Build , From Lakeview. RECTIFIES ERROR OF CUPID Rosa J. Husk Refuses to Marry V. H. Webb. Cupid, in his blindness; made an other mistake last week. He didn't find it out until Sunday, when it rained so hard that he was compelled to stay indoors. Being prevented from taking an occasional shot with hia bow and arrow, he had time to run over in hia mind the conquests of the week. He decided there was one too many. So he hustled out to save the victim, and for once succeeded. Rosa J. Husk appeared at the Court house yesterday to have the marriage license taken out Saturday by W. H. Webb, of Hoquiam, Wash., cancelled. She said Webb had the license in his pocket, but that she wanted the world to know she had not married him. Asked for' her reason she said that it was simply all off. "Wedding not solemnized" was written across the face of the record. The bride who was to be Is 34 years old, whiie Webb gave his age aa 44. DENIES WOMAN'S STORY Y. B. Mersereau AVill Fight $50,000 . Suit for Damages. W. B. Mersereau yesterday declined to discuss at length the suit brought against him by Miss Helga Farret to recover 50.000 damages. He declares that the allegations in the woman's complaint ... I - I"--1 if r i MIm Hrltsa Karret, Plaintiff a 9.10.0OO Damaie Suit Again Wealthy Lumberman. were absolutely false, and says the case will be fought to a finish. "We will try our case in the courts. replied H. M. Easterly, attorney for Mer sereau. when asked yesterday for a state ment on behalf of the wealthy lumber man. Dr. Robert H. Ellis, who was charged in the complaint with having induced Miss Farret to write certain letters, em phatically denies that he so influenced the woman. Miss Farret alleges In her complaint that Dr. Ellis, representing Mersereau, persuaded her to write a let ter exonerating Mersereau from all im proper relations with her. Dr. fiaiis said the woman gave him a letter to deliver to Mersereau, which he did, but declares that he did not learn of its contents at that time. COVERS BABE WITH GUN Brutal . Burglar Makes Terror Stricken Mother Give Up Money. SEATTLE. Wash., May 19. (Special.) Pressing the muzzle of a revolver to the head of her infant child -as It lay asleep in its cradle and . threatening to blow out its brains if she did not com ply Instantly. burglar last night forced Mrs. Jack Mrftiden. to give up all the money she had. about H5. Declining to believe, her statement that there was no more money in the house, the burglar searched through bureau drawers, meanwhile keeping the woman and the baby covered with his gun. Hav ing finished his search, the intruder started for the door. "I know you're alone." he said, "and don't you stir out of the house or make a noise till morning or I'll come back and kill you and the kid both." The frightened woman obeyed and lay awake all night, shivering in terror. To day she reported the matter to the police. TROUT FEAST FOR PAUPERS Seattle Game Warden Has Treat for Poor Farm Inmates. SEATTLE. Wash.. May 19. (Special.) The paupers at the King County Poor Farm feasted today on brook trout, which costs M a plate at the down-town cafes. If one is acquainted with the head waiter. If one isn't he can't but it at all. Game Warden Harry Relf. three days ago. seized 600 pounds of trout worth 60 cents a pound. He found the flsh on the water front, addressed to a man named Reed, in care of a cold storage company. Where they came, from the Game Warden does not know. He sent the contraband flsh to the Poor Farm and today the in mates have enjoyed trout for breakfast, luncheon and dinner. Rcif declares that it is no wonder that it is difficult to get a basket of fish out of the streams, when they are illegally sent to market in 600-pound lota. Amusements Remain as Before. BALTIMORE. MdiTMay 19. By a deci sive vote the committee on the state of the church, of the General Conference of the Methodift Episcopal church, to which the matter of amusements was referred to day, decided to recommend that the paragraph remain as it now stands, and thus negatived the recommendation of the bishops. The vote In committee was nearly tore to on - against making a change. UNDER - WAY THIS SEASON Construction of Oregon, "Eastern to State Bounrfary May Be Followed by Connection With Southern or Central Pacific. Harriman interests will build a rail road from Lakeview south to the state line, a distance of 15 miles. Amended articles of Incorporation of the Oregon Eastern Railway Company will be filed at Salem today, in which the intention of the company to construct this line will be set forth. The projected road will be a branch of the Oregon Eastern, and will run in a southerly direction from Lakeview. east of Goose Lake, to the California line. The country to be traversed is easy for construction work, it being level for the most part. A reconnoi sance has been made by surveyors for the railroad company. It is expectet construction of the road will be begun during the coming season. Whether this line will be built fur ther south in California cannot now be learned. It is considered likely that this will be done and a connection made with the Southern Pacific or the Central Pacific. If this is accomplished, it will mean the draining of the traffic of Interior Oregon to San Francisco at the expense of Portland. The line from Lakeview south would also mean that the traffic hauled out of Central and Southwestern Oregon to California would be Interstate busi ness, and Would consequently be im mune from regulation by the State Railroad Commission. This is no small matter In these days when traffic mn In this state are kept on the anxious seat by the State Commission, which regulates rates and Is constantly order ing reductions. There would be far less interference from the Interstate Commerce Commission than might be expected from the past . performances of the State Commission. Since the Commission was formed in this tate. . it has been a thorn In the side . of the railroad corporations. - If the Commission can be. discredited to any extent by the diversion of traffic from this to another state, and the loss of business to Portland, through the alleged harassing orders of that body, the railroad managers think they would gain a point. Fleet Will Help Festival. That the coming of the fleet to Puget Sound will mean increased attendance at the Rose Festival is the belief of A. D. Charlton, assistant general passen ger agent for the Northern Pacific. The tickets, from all points to Seattle and Tacoma on account of the arrival of the fleet will be extended so that people who go to Puget- Sound may take advantage of them to visit Port land tor the Rose Festival. Tickets will be on sale from May 23 to 31, and will be good for the return trip until two weeks from date of purchase. This will give plenty of opportunity for those coming from the interior to attend the Rose Festival. The Northern Pacific is advertising the Rose Festival In connection with the fleet advertising. All daily papers in Oregon, Washington and Idaho will contain this advertising and posters of the Rose Festival will be placed at the ticket windows throughout the North ern Pacific system. In connection with the Chamber .of Commerce at Seattle, the Northern Pacific has issued 1500 in vitations to the Festival. . "I believe 300,000 people will visit the Puget Sound cities to see the fleet, said Mr. Charlton. "We can' count on a large per -cent of this number to come to Portland to see the Festival. Montana people will take advantage of these rates, beside large numbers from the Northwestern states." . ' "Special cars will be run to the Sound from Eastern Washington and Oregon points. 1- Spokane alone will send a spe clal train of Pullmans. The Northern Pacific trains out of Portland Friday will be run In two sections to carry the crowds that are expected to go from this city -and the surrounding country. Special trains will be run from Kalama and Chehalls to .carry the people in the local territory between those points and Tacoma. Amusements t FraActfc Wilson Tonight. . : Tonight at 8:15 o'tlock the last perform ance of the aistinruiftnea American come dlan, Franci Wilson, and his excellent company, in the -delightful comedy, "When Knights Were' Bold. yi.iU. be jiven at the Helllf Theater. "Socr-e 8errtee" at th-a Baker. ; L&urela are pi liny up "for the Baker Stock company tnia week; Gillette "Secret Ser vice' proving- to be one of the season's most tntereitingr attractions. The. in tens third act scene is especially good. . ... "The . ToTPSvdors. Three- times each day. the Star theater! li the storm-center of one of the beet mueiea comedies that, has ever been offered at popular prices.- The present offering- is "The ioreaaore. COMING ATTRACTIONS. Oomedj- Next Week. - "Why Smith left Home." which the. Baker BtofK company axe preparing for next week. im one of th beet comedies aver written, and is one continuous roar ox laugrnter from beginning- to end'. : AT THE V A UDET LLXJS THEATERS. : UiiptafmUeM Ys-mksrto AoU. Tou will enjoy the fine melody of the celebrated Bel! trio, offered by the pan ttree Circuit ae a feature at the Martjuam Grand this week. Tou will vote Bert Wig gins tire runni ee man you ever saw. ; JonUnr Harrlgwa. Jamea Harrlgan. the "Tramp Jn ruler," - i the headline aot for the week at the Grand and he Is one of the few original Ju-gglera on tne stage., narngan origin tee white outers imitate. East side Republican Rallie-i. A Republican rally will be held . In Strahlman'a hall tomorrow night, at which time W. M. Cake, chairman of the Republican State Central Committee, will be the principal speaker. Friday night a rally will be. held In the engine house on Albina and K ill In g-s worth Avenue. R. G. Morrow, R. L. Stevens. George J, Cameron and W. R. MeGarry.wlU speak. CARD OF THA3TKS. We desire to express our thanks and appreciation to the many friends who so kindly assisted us in our recent bereavement, end -also for the beautl- iui liorai oiienna-s. . .MRS. THOMAS BRADY -A-ND FAMILY H I " f 1 1 Tee If ear rrn em Gains Tern Millions The achievement of success is often attributed to luck, but no commercial success can be maintained for a period of ten years, unless back of it there is real strength and merit. Our .Company was organized in 1898. Since that time the country has enjoyed an era of great prosperity. In 1903 however, there was a period of unrest; but the money panic of last year was the supreme test. To survive required ability and strength to overcome difficulties and go forward, while others faltered. . , We met the emergency and by putting forth the . greatest effort, maintained our business record of showing gains . every year, regardless of conditions. We take pride in announcing to "our customers and. friends that shipments for our Tenth Year were $10,041,385.65, show ing a gain of $15,220.30 over 1907; though small, we are as. proud of this gain as if it were the largest we had ever made, because it was accomplished by overcoming many difficulties. 1 The honest construction of STAR BRAND SHOES and . ' the loyalty of our customers and friends have gone far towards enabling , us to make this record, and we thank them for their support. We own no interest in retail stores. The shoes made in our ten big specialty factories are sold on their merit direct to retail merchants. THREE MILLION PEOPLE (or an average of one person in every thirty-two in the United States) wear our shoes all the time. They know that our Star trade-mark stamped , on every heel stands for honest shoes no substitutes for leather. We enter our' Eleventh Year feeling that the resources of our - great country will sustain a steady demand for honest merchandise. Every manufacturer, jobber, retailer or consumer is responsible for his . share in the advancement or decline of commerce. We accept that responsibility and will work harder than ever to make this the best year of all. The man who shirks is not a, good citizen. The world does not need the man with his hands in his pockets. v X Our Leading Advertised Brands "R. J. & R $5.00 and $6.00 Shoe for Men "Patriot "-$4.00 Shoe for Men "Pilgrim "-$3.50 Shoe for Men "Society Star" and "Society "-$30 and $4.00 Shoes for Women " Mayflower " and " Quaker " $2.50 and $3.00 Shoes for Women ' "Our Family" Line of popular-price every day-Shoes for all the Family . "Eternity" School Shoes for Boys and Oris "Stronger-than-the-Law " wearnsistmg, water?roof,. Work Shoes for Men and Boys. Sold by over fifteen thousand good merchants. If your dealer does not handle Star Brand Shoes write us and we will tell you where you can get them. "STAR ill Af-JB SHOES ODE 'BETTED Roberts, Johnson SSS 8hq&Cq. MANUFACTURERS 8T, LOUIS SOLD IN PORTLAND BY THE HUB, Third and Burnside and BOSTON STORE, First and Salmon I