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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 23, 1908)
TITE MORXIXG OKEGOX1A5, 8ATUKDAT, MAI J5, lu. SUITTER CASE IS READY FOR JURY Testimony All In and Argu ments Will Be Completed This Morning. ACQUITTAL MAY BE VERDICT Shaffer, Murdered Longshoreman, Shown on Stand to Be Dangerous ' Character Suitter Calmly 1 Tells His Story. Whether or not Fatrolman Nathan j H. Sultter was justified in taking the i life of Henrjr Shaffer, while Shaffer ' was resisting arrest on a minor 1 charge, Is a question which 'will be ; placed in the hands of a Circuit Court Jury for decision today. The defense completed its case yes terday. The state then too up its i rebuttal testimony, and with the ex- amination of one more witness this morning, the arguments will be taken up. Both sides are confident of get- ting the case in the hands of the jury before 6 o'clock Conviction of second -degree murder is no longer looked for. Those who 'have been following the trial and studying the Jurors say that a verdict of manslaughter may be possible, hut that acquittal Is far more likely. The mass of evidence showing conclusively that Shaffer was a big bully tfnd a dan gerous man -seems to have brought about a revulsion of feeling. Strong Case of Defense. The defense developed a strong case. Suitter was on the stand In his own behalf and told calmly of the attack on him by Shaffer the night of the tragedy, March 1. Following Sultter with corroborative testimony, came a flosen witnesses who swore to Shaf fer's reputation as a wife-beater and as a dangerous man. It was shown that Shaffer was particularly quarrel some when drinking. In rebuttal the state sought to off set tnis with the testimony of long shoremen who knew Shaffer. After two such witnesses had been called this was abandoned as a failure.' The first one, E. Crowley, said ho knew Shaf fer eight "years ago and that "he wasn't I half so bad as he was painted." The second, John Murphy, vice-president of the Longshoremen's Union, was so nearly prejudiced against Sultter that his testimony was valueless. He said In unequivocal terms that Shaffer was n peaceable and law-abiding man and had always been such. He admitted, however, on cross-examination by Dan J. Malrfkey. of counsel for the defense, that he knew of Shaffer's arrest for wife-beating. Those who testified to Shaffer's bad reputation were Police Sergeants Cole and Baty. Patrolman James Anderson, E. Kndlcott. R. A. Fields, Ellsworth Adams, W. D. Humphreys and Ernest Johnson. F. Gtfford. W. J. Petrain, R. C. Clark and Louis earner, acquaint ances of Shaffer, all swore he was given to brutality. . -, Story of the Party. The first witness of the day was Mrs. Chester Shafer, who lived next door to the Shaffers at the time of the trag ' erty. She told of the disturbance at the Shaffer celebration previous to Sult ter's arrival. Mrs. Shafer said she and her husband were returning home at S P. M. on the Sunday in question, and when yet a block away from their home could hear the revelry of the birthday party. Although invited to attend the affair. Mrs. Shafer said she was not Inclined to go. She said she saw women through a bathroom win dow drinking beer from bottles, and saw one man catch a woman in his arms, and In attempting to pour beer in her mouth, spill the stuff over her dress. Shafrer Kxpected Trouble. Shaffer told her, she said, that he was expecting trouble and that It would be "had trouble." On cross-examination by District Attorney Manning she admitted she was a cousin of Suitter's wife, but denied that fact could Influence her in any way as a witness. Her testimony waa mbstantiatod by that of her sister,' Miss Bei-yi Stanley, who was with her at the time. Sultter was then called to the stand, and he went over the story of the shooting in detail, taking the stand at 10 o'clock and continuing to testify ntll after the beginning of the after noon session. Sultter said he was called from his : home by Edward Holzwoith, owner of the house occupied by the Shaffers, 'Holiworth complained that there was a 'disgraceful disturbance and that a dozen or more people were acting as if thev were drunk and disorderly. The officer said he secured his shield, club and gun una went wun .Holiworth. who explained that Shaffer was a hard citizen and that he had repcatdly been in trouble for wifebeatlng and because of a quar relsome aisposition. While more than a block from the place. Suitter said, he could hear the noises of revelry, and on reaching the house he looked through a window and saw men and women drinking beer and jumping up and down as If they were trying to dance. Sultter Cautions Mrs. Shaffer. He rang the door bell and Mrs. Shaf fer responded, but when told that she should be more orderly, Sultter said, the woman told him to mind his business. as it was their house and they would make all the noise they pleased. He men called for the head of the house hold and Shaffer, on going to the door, reiterated what Mrs. Shaffer had said. Again cautioning the man to make less noise, Sultter said, he walked away, fol lowed by Shaffer, who wanted to know who had made the complaint. "1 would not tell him and he flared up and said he knew who had informed that it was Holzworth, and that he would kill the before morning," the witness said. "I told him that if he made such threats I would have to place him under arrest and he then shook his first in my face and told me that I couldn't arrest him." Sultter told of going to a nearby tele phone and calling up Captain Siover at the police station for instructions. The captain told him either to enforce order or arrest the disturbers and at Suitter's request sent Patrolman Leavens to assist in quelling the disorder. When Mrs. Shaffer opened the door the two officers went Inside and Suitter said he told the lii or more people as sembled that they would have to be quiet or else they might consider themselves under arrest. Officers Draw Their Clubs. At this, all began talking and gesticu lating excitedly, the witness said, and he and Leavens were compelled to draw their clubs. Leavens . also pulled his re volver holstAr around so that the revol ver butt was in sight. This only added to the excitement and Leavens withdrew i from the room to summon more help. As Leavens went out. Shaffer emerged from .a rear -room and said ho was going toy throw, the policeman out. After step ping into that: bathroom a moment, he re-entered the room and started for Suitter, that officer testified. "He said to me, I've got you now and I'll learn you to Interfere with my business," " Suitter said. "He struck at me witu his right hand, but I parried the blow with my left and he caught my wrist. "His hand slipped, down to the club, which was fastened to my wrist by a thong, .and he forced my arm back against the wall and held it. I struck at him with my other hand and he hit at me. I drew my revolver and warned him Ahat if he struck me again I would shoot. He hit at me and I fired. When he struck a third blow I fired twice, and he fell." ' Suitter's Life In Danger. Sultter said he felt his life was In dan ger, as Shaffer was a much larger man, bore a vicious reputation and had him In a comer. . Prolonged cross-examination failed to break down any of his testimony. Captain Siover, the next witness, sub stantiated Suitter's statement as to tele phoning the police station for instruc- ELECTED PRESIDEXT OF THE PORTLAND WOMAN'S 1.1 B. - i i Mrs. Robert Lutke was elected president of the Woman's Club yesterday. The other officers chosen were as follows': First vice - president, Mrs. Nina La Rowe; second vice-president, Mrs. J. W. Tifft; recording sec retary, Mrs. T. P. Wise; corre sponding secretary, Mrs. H. A. Moore; financial secretary, Mrs. Charles E. Runyon: treasurer, Mrs. C. N. Rankin; auditor, Mrs. O. P. M. Jamison; directors, Mrs. A. Staiger, Mrs. G. W. Wetster. No programme was given at the meeting, the business of election of officers and the incidental "tea" and. -conversation occupy ing the greater part of the after noon. There was a very large at tendance, so that the work of the tellers was decidedly heavy. tions. He said Sultter asked for ' helo and for that reason . Leavens was sent to the place. Leavens was also called to the stand and gave corroborative testi mony as to the condition, and conduct or those at the Shaffer household on the night of the shooting. Sergeant Baty, after telling of having arrested Shtiffer at Twenty-second and Lovejoy streets for brutally beating Mrs. Shaffer, ventured the opinion that the man was a dangerous person to handle. "What leads you to think he was such a dangerous man?" inquired Mr. Manning. "You told me he was a bad man your self, Mr. Manning." was Xhe .reply. "When I arrested him at Twenty-second and Lovejoy streets you came up and told me to put the handcuffs on him, as he was a dangerous man." Several of the witnesses who told of Shaffer's bad record likewise described his tremendous strength. Patrolman Johnson formerly a longshoreman, said he had seen Shaffer lift a barrel of cement weighing 600 pounds with ap parent ease. R. C. Clark, of St. John, said he once saw Shaffer lift a steel rail weighing 800 pounds with one hand. The arguments will be presented by John F. Logan and Mr. Malarkey, In be half of Suitter, and by Mr. Manning and his deputy, Adams, for the state. ' Near Wolrott. X. T., liRhtnln struck a houne nd killed a cat. a child playing with the cat -was not Injured. Bnrlne styles Hannn o -t oenthat And Will Continue Far in X i 1 If V It -V 3f .vVV iSr t Mrs. Robert I.utke. r , SUNDAY'S SPECIAL ICE CREAM Tomorrow's Special Brick Ice Cream is Festino, a dainty confection, with a layer of Pineapple Water Ice in the center. Regular price, 75c; tomor row, quart trick, 60S For morning delivery order before 8:30; for afternoon delivery order before 1 Pl'Tl'RB SPECIALS. 60 (REGtl.Aa 75.) May 30 and 31 Candled Fruit Ice Cream In bulk or rolls. June 7 Tutti Fruttl Center between Vanilla and Strawherrv. June 14 Macaroon witn Lemon water Ice TVVO MATINEES IN DIVORCE COURT Judge Brbnaugh Has Long Scene Many Acts in Gantenbein's Court. MINNIE KANE AFTER THIRD Alleges Cruelty and Drunkenness Against Her Husband, Joseph. W. Kane Bertha Heisig Says Hus band Dragged Her by Hair. - Grass widows, merry widows with port able flower gardens, blushing maidens, a 'postcard illustrative of scenes on the cannibal Isles, ' all displayed by the Spring sun streaming in at the windows, these and warring attorneys fencing over points of law were to be seen at the divorce matinee in the Circuit Court yesterday. There were really two mati nees, one under Judge Gantenbein's spe cial patronage, and one under Judge Bronaugh. In the latter play there was one long act with no intermission, while in the former the curtain fell at intervals to permit a change of scenery. The case before Judge Bronaugh was that of Minnie M. Kane against Joseph W. Kane, a sawyer employed by the St. John Lumber Company. He was formerly employed as foreman with the Inman Poulsen Lumber Company. It came out during the taking of testimony yester day morning that this Is' Mrs. Kane's third divorce. - One divorce was had In the Multnomah County Circuit Court, she said, and one in another court. . Drunkenness and Cruelty Alleged. Mrs. Kane did not say that her hus band had failed to support her. In fact she said he earned about $8 a day and did not fail to provide for the house. But his drunkenness and cruelty were un bearable, she asserted. She said these acts of violence began about March 25, 1906, only a month after the wedding. They were married at Vancouver, Wash., February 19, 1906. She said that in March he called her obscene names because she objected to his meeting a woman he had seen the day before. Mrs. Kane ex plained that it was Sunday, and that after swearing .at her Mr. Kane said he was going out to get a shave. When she reminded him that he could not get a shave on Sunday, he replied that he knew a place where he could get shaved at any time. He was gone three hours, she said, and she believed he met the woman. Mrs. Kane shook with laughter when she was shown a postal sent by her from Condon to Mr. Kane on October 5, 1906. It illustrates a cannibal in dancing costume asking, "How Would you 'like to spoon with me?" Mrs. Kane had written to her husband as "Dear Joe." The card was introduced by Attorney Pague for Mr. Kane to show the attitude of Mrs. Kane toward her husband at that time. Objects to Chiding. During the July before, according to Mrs. Kane, her husband slapped her face and held her arm until it was black and bluev This was the day after the Fourth. The 'reason for it, she said, was that on June 18 she had scolded him for leaving her on the street at midnight while he went Into a saloon to get a drink. Mrs. Kane said that In September, 1907, her husband flourished a butcher knife and said he would finish her. This threat, she said, was made in the presence of Grace Cochran. Two- months later, at St. John, he seized her Qiroat so that it swelled and was sore for two weeks. Mr. Kane said she has tubercu losis of the vocal chords. Two days after the choking the witness asserted V.o ' XTanM t . . . men, ivoita iiiitrvv imi aurutjS ine rOOlH with great violence. The woman as serts that nervous prostration Is the re sult of her husband's cruelty. Complains He Was Deserted. Mr. Kane was called to the witness stand in the afternoon, and said that a certain obscene expression which he mentioned was an ordinary one with Mrs. Kane. He asserted that she was in the habit of going about the streets late at night, and that once she called on him to get money with which to desert him. Then she went to Long Beach, Cal., he said, and wrote that she was having a fine time, that she had rented a hotel HAZELWOOD HEADS THE PURE Advance, Especially Since Completion of Its Splendid New Plant, v- "icoi- v"3 TTunu, ai, tmrq F. M. Center. for two, years, and had said good-bye to old Oregon for awhile. He said that in the letter she referred to California as God's country, and that when she re turned to Oregon it was only to get money from him. - During the morning witnesses had testi fied Kane was drunk when he called at the Rose City Sanitarium to visit his wife. He said that he had only had three drinks of whisky. Mrs. Kane, had asserted that her husband once com pelled her to go to Condon when she was sick. This he dented. He denied aiso tnar he laid violent hnnrio , v.t, wire and said he never used obscene language toward her. He said he worked 1 for the Inman-Poulsen Lumber Company at $1.26 a day. and when first nmninvMi by the St. John Lumber Company, In which his father, John Kane, has a large interest, ne received 3 a day. He denied a charge of hfo n-ifa , n , hA i . i. position at the Inman-Poulsen mill be cause he drank.- Daniel Brecht said he heard Mrs. Kant use vile expressions In referring to hef husband. Judee Rronauch tnni, v. - under advisement, and will announce hit ucuaiua mis morning. Says Husband Is Drunkard. Ida F. Peterson was" granted a di vorce by Judge Gantenbein from James L Peterson, after telling that he was in the habit of coming home drunk on Saturday nights after he was paid off. She said she made a visit to Seattle last month, and. when she returned found her husband had beeen arrested for drunkenness. The home had been dismantled, she said, the household goods were in storage, and her two children were located at Corvallis. The couple were married in Portland De cember 14, 192. Mrs. Peterson was granted the custody of the two children and 20 a month alimony. Other divorces were granted by Judge Gantenbein as follows: Mary Reizenzahn also Bald she had a habitual drunkafd for a husband. She said Godfred Reisenzahn had on three occasions threatened to kill her. Once, she said, she was obliged to run from the house while she was sick, and seek protection with the neighbor's. She said her husband spent his money in riotous living, while she worked to support herself and five children. Only three -of these are now living. She married Reisenzahn in Kelberg. Ger many, in 18S2. They moved to - the United States, she said, in 1884. She was given the custody of the children, a third Interest in a 160-acre tract of timber in Washington County and $2000 permanent alimony. After telling how hard she had tried to put up with the conduct of James Feeney, Theresa M. Feeney was grant ed a divorce. She said they had once decided to separate because of his drunkenness and had sold their proper ty and divided the proceeds. He had gone East, spent his part of the money, and returned to her. She received him, and with her part of the money bought a little home in Portland. Soon after ward he was afflicted with delirium tremens, 'hey were married in Port land, In November, 1903. Korrls Was Already Married. Hattie B. Norris secured a divorce from Arthur H. Norris because he was married to Bell Earlrlch at the i time he married the second wife. She was permitted to resume her maiden name, Hattie Banjamin. Mrs. Norris said her husband pleaded guilty in the Circuit Court last January to a charge of polygamy. She married him at Van couver, Wash., In October, 1907. Desertion was the ground on which Estella Tipple was divorced from Frank Tipple., They were married at Qulncy, 111., April 4. 1888. He left her in 1906. Anna Gowen said that her efforts to have Walter Gowen return to her had been unavailing. He deserted in May, 1905. She said she married him in Port land, during the month of November, 1904. She was granted a divorce,' and permission to resume ner former name, Anna Abbott. The case of Bertha Heisig against Charles Htislg went over for one week, upon the Information being furnished the court by counsel that the parties would try to become reconciled.1 The complaint states that the husband was accustomed td drag his wife around the room by her hair. Once she was com pelled to have him arrested for drunk enness, and was forced to support her Belf and her daughter, Martha. They married in Stockton, Cal., in Decem ber. 190S. - Asks If Strychnine Will Do.. Alhle E. Stone obtained a divorce yesterday afternoon from Harry Stone. She said he tried to compel her to go to work; that he Insisted she live at the home of his parents. There she was continually nagged by- his mother and brother, she alleged, who told her to go to work. She said her husband Is strong and able-bodied, but while working frequents saloons and gam bles away his money. Once he refused her a doctor, she charged, while she was ill, and asked her if strychnine would not do. She was permitted to resume her maiden name. Fowler. They were married in Portland De cember 14. 1904. . Desertion was the ground upon FOOD PROCESSION ana t-ioyt streets FRESHEST STOCK IN which a divorce was 'granted yester day to Alma E. Barker from William S. Barker. They were married at Tillamook in October, 1895. The wife was granted the custody of the three children. LAST CHANCE FOR LENIENCY Roy Haywood Gets Six Months on Kelly's Butte for Larceny. Roy Haywood, Jointly accused in the Circuit Court with Harry Robinson of stealing $30 worth of clothing from John E. K. Armstrong, at 108V4 Fourth street, April 29 last, ' pleaded guilty to simple larceny before Judge Gantenbein yester day. He had previously pleaded not guilty to the charge. He was sentenced by the court to six months at Kelly's Butte. Counsel for Haywood pleaded the boy's youth and said further that the only part he had in the crime was the selling of a razor. Deputy District At torney Haney stated, however, that Hay wood committed this crime while under suspended sentence from Judge Cameron, of the Municipal Court, and in passing sentence Judge Gantenbein said Hay wood had been in the Juvenile Court on another charge, that he had falsely stated his age at that time in order to have his case kept from the Circuit Court and could have been prosecuted for perjury. Haywood was for a time in the Chehalis Industrial Home. Judge Gantenbein said this is the last time leniency will be shown him. The case against Harry Robinson was transferred to the Juvenile Court, as he is less than 18 years old. Lecture by Dr. Toting. The service at Taylor-street Methodist Episcopal Church Sunday night will be of Interest to all people who are giving attention to the liquor question. Rev. Benjamin Toung, D. D., will speak upon the subject, "The Drink Devil, the Reddy Amendment, and Some Other Things." Dr. Toung has been In Portland but a few months, but he has become known as one of the city's leading pastors. Said to Be ankra Dt OF" The Grocery Stock of the J. M. Acheson Co. must be closed out regardless of cost. Must vacate this building by June 1st. Fix tures, shelving, counters, scales, electric coffee mill, wagon and harness for sale. Store opens at 9 o'clock. You know this is the GROCERY ORTLAND BAD FAITH 15 CHARGED FTRE ALARM COMPANY SCORES ITS RIVAL. Branch of Game well Company De clares Opposition Would Be Un able to Install City Service. George W. Walker, superintendent of the National Automatic Fire Alarm Company, which some time ago made application to the City Council for the privilege of installing an auxiliary fire alarm system in this city, yester day declared, in referring to a similar application made by the Northwestern American .District Telegraph Company, Wednesday, that he believed an at tempt was on foot to squelch the con cern he represents. He made direct verbal charges of bad faith against the opposition corporation. Mr. Walker declares that it would be impossible for the Northwestern American District Telegraph Company to Install an auxiliary system, inas much as the National Automatic Fire Alarm Company, so he says, controls all patents for an auxiliary service In this state. , Furthermore, Mr. Walker went on to say that lt was not the intention ;Of the Northwestern Ameri can District Telegraph Company to in stall an auxiliary system even if it succeeded in getting the franchise. "All they want to do is to crush us," said Mr. Walker. "They would be enjoined the moment they at tempted to operate an auxiliary sys tem by the Gamewell Fire Alarm Com pany, of New York, from who we have the exclusive patent rights. The Gamewell people have the only aux iliary system In operation - and we have been given the patent rights In Oregon. "If the Northwestern American Tel egraph Company secured the franchise ALWAYS I $ iale they would Install some entirely dif ferent and inferior service. It Is no wonder, then, that they could afford to pay the city one-third of their profits and install boxes at half what we would be able to do so for. "Some time ago the Northwestern American District Telegraph Company offered to take over our plant. Their figures were preposterous and we re fused. Later they spoke of buying us out and at that time said they wanted the automatic service, but wished to kill off the auxiliary service entirely This shows the manner In which this company Is trying to hookwink the City Council." ' There Is little doubt but that a fierce fight wall be. waged before the franchise is secured. The Northwest ern American District Telegraph Com pany Is 'backed by the Western Union or the American District Telegraph Company, while the National Auto matic Fire Alarm Company is affiliated with the Gamewell Fire Alarm Com pany. Epworth Church Resumes Services. The services of the Epworth Meth odist church, which have been con ducted in the Oregon Building on the Lewis and Clark Fair grounds, and which have been suspended during the past two weeks, owing to cases of smallpox in the vicinity, will be re sumed tomorrow. There will be ser vices at 11 o'clock, when Rev. C. T. McPherson will speak. At the Sun day night services an address will be delivered by M. C. Reed. Special mu sic will be rendered at both services. The World's Best CUmate Is not entirely free from disease, on the high elevationB fevers prevail, while on the lower levels malaria is encountered to a greater or less extent, according to altitiide. To overcome climate affections lassitude, malaria. Jaundice, bilious ness, fever and ague, and general de bility, the most effective remedy is Electric Bitters, the great alterative and blood purifier: the antidote for every form of bodily weakness, nerv ousness, and insomnia. Sold under drugstore. Price 50c win You Are Invited To call and inspect our plant; and our methods at any time. A courteous attendant will show you through the entire manufactory.