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
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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
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desks are made from selected, quarter-sawed
oak or figured mahogany, of heavy construc
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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
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doubly easy if
backed by the
experience of hav
ing done business
with ft banking in
stitution whose
motto is profit, serv
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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
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PORTLAND
rom
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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.
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