12 THE 3I0RXnrG OREGOXIAX, "WEDNESDAY, JUNE 17, 1908. CONTEND WRONG Merchants Savings 6 Trust Company 247 WASHINGTON STREET Capital$150,000 MAGOON STRAWBERRIES, GROWN BY JOHN H. HAAK, AT MOUNT TABOR WAS HELD Defense in Lem Woon Chinese 1 Murder Trial Outlines Its Position. STATE'S STORY OF CRIME MAN - -. 4 - -ru . - - 1 - v. A rfkwJi'&X . s&&jJl "vvk- : f sWiti js5j!ix. A'ife' HM pj.;p: 4wfe J&mm - Special Prosecutor Malurkey Goes Into Details or Killing or Lee Dai Hoy Defense AI 1 leges Coercion. The Lem Woon Chinese murder trial, which Is in progress In Judge Bronaugh's dfpartment of the Circuit Court, has proceeded to the place where the state Is ready to place Its first wit nesses on the stand. The last two jurors necessary to complete the 12 who will try the case were secured yes terday. Dan J. Malarkey, special coun sel for the state, then proceeded to make his opening statement, and was followed by Attorney Frank P. Free man for the defense. Pointing out to the jurors on a chart the dwelling house at Fourth and pine streets, the room occupied by L,ee Dai Hoy and his wife before his death; the hallway and stair where he was mur dered. Attorney Malarkey related to the Jury the facts which are to be brought out by testimony. On the night of March 7 Dal Hoy entered his home by the front entrance, and had started to ascend a stairway at the rt-ar when a shot rang out. His wite, who was in their apartments on the second floor at the time, ran to the stairs and down, until she came to a door opening off a landing In the stair way. There she saw li-r husband lying on the floor and three men standing In a rear doorway. She recognized one of them, said Mr. Malarkey, as Lem Woon. The others she did not recog nize. Sees Husband Riddled. As she saw the flash of steel she became frightened and shut the door, remaining on the stair, however, and watching through a large crack in the floor, while a half dozen shots fol lowed in quick succession, all being poured into the prostrate body of her wounded husband. At the first shot, said Mr. Malarkey, another Chinaman, occupying apart ments In the rear of the building, ran to his door, and, looking out, saw three Chinese, two of whom he recog nized as Lem Woon and Yee Gueng, who is a co-defendant with Lem Woon, although he will have a separate trial. He asked them roughly what they were doing there, but as their guns flashed in the dim light, he slammed the door and, running to a window which gave him a safer view, watched the three men. After the murder he saw two of them run south on Fourth street, while the third man went to the Pine street entrance to the dwelling.' Mr. Malarkey said another Chinaman, who was acquainted with Lem Woon and Yee Gueng, was walking north on Fourth street at the time of the mur der an'd recognized the two men as they ran past him, and turned east on Oak street. . Detectives Find Dying Man. Detectives Tom Kay and B. F. Smith were on their way to the scene of the murder to search for Chinese gam blers, said Mr. Malarkey. At the time the first shot rang out they were only about a block away. They started on the run, with their sledge hammers in their hands, toward the scene of the shooting, and after an interval heard the rapid succession of shots. They hesitated at the entrance, when some body said, "Up-stairs," and they dashed into the hall by the front door, to find Lee Dai Hoy lying at the foot of the stairs in the arms of his wife. Kay bent over the wounded man, while Smith ran out the rear entrance to prevent any one from leaving. As he questioned Lea Dal Hoy, with whom he was acquainted. Kay learned that Lem Woon was the man who did the shoot ing. In the meantime, friends of Dai Hoy had learned 6f the murder, and that Lem Woon and Yee Gueng were two of the men implicated. They went on the run to the Police Station, and se curing Detectives Tichenor and Jones, went to the building at 95 Second street to look for the murderers. Easy access to the rooms on the third floor could usually be had, but the detectives found the door this time locked with five locks. Find Men in Hiding. Upon breaking in they found Yee Gueng and Jo Bong in a closet, armed with a revolver, fully loaded. The two were placed under arrest and hand cuffed. At the east end of the hall. Fitting on a bunk, they found Lem Woon. Knives, revolvers and weapons of various descriptions, which were brought . to the Courthouse yesterday to be used as exhibits, were found in profusion. The three men were taken to the hospital, where Lee Dai Hoy lay dying. He pointed out Lem Woon as the man who shot him, and Yee Gueng as his associate. The other man, however, Lee did not know. At the scene of the murder, within a few feet of where the shooting was done. Officer Wandess found a 38-cali-ber Smith & Wesson revolver, evident ly where the murderer had thrown It after having slain his victim. Tlii will be introduced as evidence. Lee Dai Hoy, together with the men tinder arrest, were members of rival factions in the Bow On Tong. Dai Hoy is said to have embezzled some $2000 from the funds of the tong, and negotiations had been going on for about six months before the murder, it is said, between the San Francisco and Portland headquarters of the tong, for the payment of this money. The Chi nese consider it a sin not to pay one's debts. This is offered in explanation of the feeling which resulted in the slaughter of Lee Dal Hoy. Contentions or Defense. In defense of the accused man, it is to be contended by his attorneys that he is not Lem Woon. but that he has a relative by that name who looks like him, and who Is a year and a half old er. To strengthen this point, the de fense will introduce police records con taining the picture of the man now on trial. It is admitted that this man's surname is Lem, however, and that he is a fisherman. To the contention of the state that Lee Dai Hoy identified Lem Woon as his murderer, the defense will set up the claim that he only winked his eye or nodded his head as he lay on the operating slab at the hospital, when the three men Lem Woon, Yee Gueng and Jo Bong were brought before him. Attorney Freeman said that the de fense expects to show that, although Dai Hoy has been In America 25 years, and could speak English, he spoke at the hospital through an interpreter, a, The above photograph shows a cousin named Lee Hong. It will be contended that Lee Hong told Lee Dai Hoy in his dying moments that if he did not identify these men as his assas sins he would never get even with the rival faction of the tong. "Testimony will show," said Mr. Freeman, "that he demurred at first to such an injustice, but afterward con sented." The jury went yesterday afternoon to view the scene of the murder. As completed it is as follows: J. H. Bar ton, W. E. Brooks, Alonzo Perkins, H. W. Silton, W. W. George, H. C. Haack, Alfred Anderson. F. W. Carroll, James Anderson, William J. Ferrell. H. R. Beckwith. Those excused yesterday were: Michael F. Cannon, C. P. Irvine. Charles L. Diven, J. J. Butzger and William O. Fouch. Suit for Rent Is Filed. Suit to recover $3574.20 rent on the Commonwealth building, at Sixth and Burnslde streets, has been filed in the Circuit Court by F. W. Leadbetter, A. Berg and Lewis Russell, against R. R. Benham, I.roy Richards, W. A. Span ton and W. L. Benham. It is alleged in the complaint that a five-year lease to the building was given by the plain tiffs on March 29, 1906, to the Com monwealth Bank & Trust Company. The lease provided that it might be assigned to another upon the written consent of the lessors. This was ob tained. It is said, and the building sub leased to the defendants. The rent for the building between November, 1907, and June, 1908, at $1400 a month, was $9800. It is asserted that only $6225.80 of this amount, was paid. Receiver Sues J. M. Long. Suit against J. M. Long, a local . at torney, to recover $3491.20, with inter est, and $300 attorneys' fees, has been filed in the Circuit Court by Thomas C. Devlin, receiver of the defunct Ore gon Trust & Savings Bank. Of this amount, $3000 is alleged to be due the bank on a promissory note, signed May 4, 1905, and payable on demand. The balance of $491.20 is said to have been collected by Long for the bank from Chester V. Murphy, referee in bank ruptcy of the United States District Court, on account of the bankruptcy of the Star Bottling Works. Devlin al leges that Long has never paid over the money. Object to Street Vacation. A Groener and W. F. Bradley are contesting the action of the County Court in vacating the streets of Plain field, an incorporated but uninhabited townslte east of Portland. They have made application for the Circuit Court to tomorrow review the action of the County Court. The vacation of the streets was ordered at the instance of the Pioneer Educational Society. McCant Stewart Awarded $362. A verdict of $362.50 was awarded to McCant Stewart yesterday afternoon by a jury in Judge O'Day's department of the Circuit Court, which tried the suit brought by him against William Draper. Ell Draper and Mary E. Bar rett. Stewart sued to recover $500 at torney's fees. Missing for Eight Years. Because Joseph Gay has not been heard from for eight years, Mrs. Addle Gay has decided that he is dead, and upon petition, was appointed yesterday as administratrix of his estate. It consists of a $200 life insurance policy. When last heard from. Gay was in Seattle. SHOOTS GUN BY MISTAKE Officer Discharges Weapon In Room Crowded With Policemen. While extracting the cartridges from his revolver, Edward Burke, a police of ficer, accidentally discharged the weapon in a lounglng-room adjoining the Mu nicipal Court while the room was filled with patrolmen waiting to go out on duty late yesterday afternoon. The bul let luckily went high and nobody was hit. Officer Burke had just completed cleaning his revolver and was extract ing the cartridges, when he accidentally pulled the trigger. As the gun was dls charged the officers who were lounging around made a rush for the door just as those from downstairs were trying to get in, and for a few moments pandemo nium reigned. The Star Brewery's famous Hop Gold beer Is unexcelled In all respects and is highly recommended for its strength and health-giving, qualities. Orders for bot tled beer receive prompt attention. Phone EaeM6. Home phone BU4S, choice lot of Magoon strawberries grown by John H. Haak on his three-acre tract at Mt. Tabor. Mr. Haak is a Portland 702 Oregonlan building. The berries in the photograph are a trifle smaller than actual size. NERVOUS ON STAND Walton III at Ease During His Third Trial. CASE WILL CLOSE. TODAY State Makes Sharp Attack on Testi mony or Youth Who Was Once Convicted of Shooting Of ficer Kelson. Charles W. Walton, the young musician who is on trial before a Jury in Judge Cleland's department of the Circuit Court, for holding up a Willamette Heights streetcar and shooting Policeman Olaus Nelson, was apparently ill at ease as he sat upon the witness stand yesterday tell ing of the crime. The familiar way in which Deupty District Attorney Bert Haney, in a searching cross-examination, addressed him as "Charley," apparently unmanned him. He fidgeted with his fingers and -often played for time by re peating the question, which had fallen from the lips of the Deputy District At torney. Walton realized that Mr. Haney was en deavoring to impeach his testimony by jumping from this point to that: and as a result, his answers were often evasive. The accused man realized, too, that his word was being pitted against that of several witnesses, and that the jury, as well as the court and spectators, knew that somebody was telling an untruth. Not only Walton's reputation, but his character, was assailed by state's coun sel. He was compelled to admit on the witness stand that he joined the Order of Washington when he was only 14 years old, by swearing to a falsehood re garding his age. Walton Gives His Version. Walton said that on the night of the hold-up. September 1. 1904, he played a mandolin with the other members of an orchestra In Watson's restaurant, on Fourth street, between 6 and 7:30 P. M. As he had a headache, he told his friend, Fred Wagner, a member of the orchestra, that he intended to take a car ride. He borrowed' 25 cents from him, and putting on a dark top coat, light hat and a hand kerchief about . his neck, went to Wil lamette Heights, walking back to the fair grounds. He said a friend gave him a 25-cent flask of wnisky to ease his headache before he went. Walton said he found it was 10 o'clock, and had an engagement with a young woman at 10:30, so hailed an east-bound car. As he swung onto the car, a man brushed past him, and Walton was struck over the head with a revolver In the hands of the motorman, according to his story. He said he had only 15 cents with him at the time. Yesterday morning the records of the police station were introduced and Ar chie A. Leonard was placed on the stand to testify as to their correctness. Leon ard was the clerk at the time of Walton's arrest. The record shows that $2.80 in nickels, dimes and quarters was found on Walton when he was searched. Walton was asked what kind of a handkerchief he had about his neck. He said he didn't know. He was asked If he tied it. and said, repeating the ques tion after Mr. Haney." that he didn't know. Asked if he did not say at a former trial, that it was not tied, he ad mitted he did. Asked If he tied it in front or at the back of his head, he said if it was tied it was tied In front. Conductor's Testimony Read. The testimony of Conductor Johnson at a former trial was read yesterday by Mrs. C. Badgley! the official reporter, who took the shorthand notes. This tes timony was only introduced after Attor ney Henry St. Raynor, for Walton, had made a strenuous objection to it. After placing Captain of Detectives Slover on the witness-stand. Attorney St. Raynor tried to impeach his testimony with that of Mrs. CAK. Smith, a mission ary who works about the Jails. Slover Tw as asked if he did not have a talk with Officer Nelson at the Good Samaritan Hospital in which Nelson said that he did not know who shot him. He said he did not; that he only talked to Mrs. Nelson. Nelson had previously testified that he had no conversation with Slover. He was asked if he had not told Mrs. Smith of such a conversation, and he said he had not. Mrs. Smith's testimony was ruled out by the court on motion of the state's prosecutors. The defense also tried to Impeach the testimony of Officer Nelson, one of the state's witnesses, by Introducing a tran script of his testimony at the second trial of Walton, held last week. Official Court Reporter J. E. Boys was on the stand when court adjourned last night. Dr. George F. Wilson and Captain J. T. Moore testified for the state yesterday morning. B. S. Backman. Henry Kahn and Thomas Donohoe testified for the defense, the two latter in regard to Wal ton's reputation, as far as they knew, for upright conduct. The case will proba bly go to the Jury today. STUDENT PLAY AT HEILIG "Forest Bell" Will Be Presented by Christian Brothers. Schindlcr's dramatic operetta, "Forest Bell," will be presented at the Heilig Theater Friday night by the students of the Christian Brothers' College In con nection with the closing exercises of that institution. The principal characters In the dramatic production will be taken by John P. Driscoll, Aloyslus Hyland, Rob ert Driscoll, George Kelly, Joseph Hur ley and John Jennings. The music will be furnished by the theater orchestra. Aside from the operetta, the programme will include three . choruses by over 100 students of the college: an extract, "The American Sailor," by Edwin W. Keneftck, and "The Quarrel Scene Between Brutus and Cassius," by Jerome Hurley and Frank McGinty. The Alumni Association of the college has reserved a section of seats in the body of the theater for its members, who will be required to exchange the tickets they have purchased for others lncl'ed within this reservation. The exchange of tickets must be made before 6 o'clock Friday night. Suggest "Our George to Convention. Facetlons Telegram Is Sent Asking That Oregon's Governor Be Made Running Mate of Secretary Tuft. IN VIEW of recent political events in Oregon and feeling in. a facetious frame of mind, ex-Mayor H. S. Rowe and State Senator S. C. Beach, of this city, yesterday joined in a telegram .to the Republican National convention at Chi cago in which they proposed the nom ination of Governor Chamberlain, of this state "Our George" as Secretary Taft's running mate. The suggestion originat ed with Mr. Rowe and was accepted by Senator Beach as a happy means for solving the somewhat perplexing problem with which the convention is confronted in the selection of a candidate for the Vice-Presidency. The telegram was ad dressed to the National convention. In care of Senator Fulton, and was as fol lows: We voice the sentiment of a lance number of the new Oregon mulephant party In ask ing" you to nominate "Our Georg-e" for Vice-President. He will stand on any plat form that you make. H don't care anything- about the platform: he wants the office. KILLED IN LOGGING CAMP Frank Quigley, Crushed by log, Dies Within a Few Minutes. ASTORIA, Or., June 16. (Special'.) Frank Quigley, who was employed as head brakeman on the Sorenson Logging Company's logging train at Svensen, was so badly Injured while at work this morning that he died about 15 minutes later. He . was assisting in unloading logs, when he fell off the car and a large log rolled over him, crushing his breast. Quigley was 28 years of age and was mar ried last October. In addition to a widow, he leaves his parents and two brothers, who reside at Clatskanie. PORTLAND GIRLS GRADUATE Three Young Women Receive A. B. Degrees at Smith College. NORTHAMPTON, Mass., June 16 (Special.) Three Portland young women were awarded bachelor of arts degrees at the 34th annual commence ment of Smith College today. The Portland graduates are: Elizabeth Parker, Lucile Parker and Alta Smith. Anna Russell, of Salem, was also grant ed an A. B. degree. The Star Brewery's famous Hop Gold beer Is unexcelled in all respects and is highly recommended for Its strength and health-giving qualities. Orders for bot tled beer receive prompt attention. Phone East 46. Home phone B 1146. AUTO -UPSETS INTO WATER MAX AND WOMAN HELD BE NEATH BIG MACHINE, Rescued by Companions Barely in Time to Save Their Lives tar ents Ignorant of Accident. TACOIA, Wash., June 16. (Spe cial.) Running at a lively speed over the plank road known as the Marshall road, at 2:30 o'clock this morning, a six-cylinder Franklin automobile, driv en by Charles Scott and containing Mr. Wilson, a salesman for the Suhwa bacher Hardware Company, Miss Stella Quinh and another woman whose name is not known, crashed through the railing at the junction of Marshall road and Lincoln avenue and jumped 15 feet to the tide flats, which were covered with three feet of water. All four persons live in Seattle. The automobile was turned half over in its leap and landed bottom side up pinning Miss Qulnn and the driver In the water. Wilson and his companion were thrown clear of the automobile and released Scott and Miss Quinn barely In time to save their lives from drowning. Scott says: "I own the car and had rented it to Wilson for the night, but he insisted, that I have com pany, so 1 picked up the girls." Miss Qulnn refused to state whether she had given her correct name and said she would not give the address of her parents, with whom she lives. They have not been notified of the ac jBjpMiUluuiMv' -m-t hi 1 1 illMIliimiHilj . ;iii;i;.i nTf?-; ,frBvt.twWWfi Jvjfl- Our line of Desks includes high roll, low and bankers' low roll-top Desks; flat-top and type writers' Desks, and Directors' Tables. Our desks are made from selected, quarter-sawed oak or figured mahogany, of heavy construc tion, with the square effect, beautifully pan eled and finished. They have every desirable and convenient feature, including mouse and dust-proof pedestal bottoms, Pasquil lock, indexed letter-files, private compartments, file-boxes and double back drawers. LARGE STOCK, VERY LOW PRICES J. G. MACK 8 GO, FIFTH AND STARK business man with offices in cident. Scott and Miss Qulnn are in the hospital here. Seattle Graduates Class of 328. SEATTLE, Wash., June 16. Three hundred and twenty-eight high school students will be given their diplomas at the 23d commencement of the Seattle High Schools next Thursday. The class this year is the largest in the history of Seattle preparatory institutions. Winning One's Way IN the commer cial world is doubly easy if backed by the experience of hav ing done business with ft banking in stitution whose motto is profit, serv ice, liberal treat ment and absolute safety. That's our rule. German-American Bank Sixth and Washington Streets. PORTLAND, OREGON. SAFE DEPOSIT BOXES $4 AND UP PER YEAR I 1'- ,Mtt -it Ii rTT tB" -la fjlglalpll Pays Interest on Savings Ac counts and Time Certificates. Receives deposits subject to check without limitation as to amount. Effects collections in any part of the country on most reason able terms. Acts as Trustee in all legiti mate relations. Cares for properties, collects rents, etc. Interviews solicited with those contemplating any phase of our service. LOW EAST inu. ss kjuxs ran BSAsosr nx tbb 0. R. 8 N. AXJt SOUTHERN PACIFIC U2ES Bf OBIWWO PORTLAND rom One WO CntBfamta lip Chicago $72.60 $87.50 St. Louis .M 67.50 82.50 St. Paul. 63.15 81.75 Omaha . . . . 60.00 75.00 Kansas CityN 60.00 75.0Q TJCKDT9 -W1U. BB OV &AXJI June 19, 20 July 6, 7, 22, 23 August 6, 7, 21, 22 tor wtara. la 00 6aya wUJ tupa m . REMEMBER THE DATES Tr ur (artttar iDtonuUm eatl at tb Ctty Iktat Offfce. M aod Wutainctoa Ma Or writ to WM. McMURRAY 0nnl finimw Agent. PORTLAND. OREGON. DONT NEGLECT YOUR KIDNEYS. When they hart, or your back aohet, grayer trouble is threatened U you do not attend to them. Take Lane's Kidney And Backache Medicine It will stop the pain and remore the cause o( trouble. Contains no alcohol. Made b CHAS. E. LANE CO.. SL Louis. Mo. For Sale in Portland by LAUE-DAVIS DRUG CO.