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
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