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.