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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 12, 1908)
TESTIMONY ALL IN If MURDER TRIAL La Rose Tells About Watches and of His Movements Day of Murder. FINAL ARGUMENTS TODAY Court Limit Counsel of Each Side to Three Honrs for Summinir Cp Will Beach Jurjr by Tomorrow. All th ti-timony In the 1-a none murder trial Is now before the Jury. The tte rested t 10:25 yesterday morning-, and the defense yesterday afternoon. The state then placed four witnesses on the stand In rebuttal. rompletlna- its case a few minutes be fore i o'clock, the hour lor adjourn ir.ent. Jud Morrow, of the Circuit Court, before whom the case Is being tried, then announced that the attor neys for the state and tor the deiena nt muirt limit their arcuments to three hours each. In which case the Jury will retire for deliberation not later than Friday morning-. Thirteen witnesses were placed on the stand by Jay H. I'pton and tester V. Humphreys, the attorneys ior the defendant. Jack Rose himself was the first to take the stand yesterday mornlnjr. Ills manner was at first auave. Impressing the spectators with rerklessneee. in face of tho horrible crime with which he Is chara-ed. iater, when Deputy District Attorney Fitl- a-rrald befran cross-examining; the al- J.-Ked a-asplpe thuir. and ne was ciosciy pressed for an answer regarding; a third watch, said to hav been in his possession, his mood changed to one of surliness, and hl answera Rave the Impression of being; hurled back with an air of defiance. Accused Tells About Watches. Ij Rose said that the detectives re lated correctly a conversation he had with them at the police station, except that they were mistaken regarding; the watches. The defendant said that It was the larsre watch Instead of the small one which he bought In San Francjsco. and that he so informed the detectives when they questioned him. He said- that he purchased the large brass watch, which has an engine on graved tipon, the hack of the case, and which Ilvman Neuman's son testified was on sale -in his father's store, for t a sex-ond-hand store on Clay street. The witness was not positive whether or not he ever owned the small watch, but said that It looked like one he obtained In Blaaler'a saloon, at Third and Burnslde streets. In a pool game. He said that, with several others, he was playing rotation pool, and that one nf the men offered him tlie watch for 11. aa the pool-player waa out of money and wished to continue with the game. t.a Rose aald ha could not give the name of the man from whom he cb lalned It, as he did not know him. He waa sure he obtained It on the even ing of Way 11. ihe night before the Keuman murder, the date being fixed In hla mind by his arrest. I.a Rose aald that during; the sweating" process at the police sta tion he asked the detectives If he must answer all their questions, and then Informed them that he would tell his troubles to the Judge. "T guess I talked a little rough to thPro," continued the witness. "1 gave them as good as they sent." When ilr. Kltsgerald. for the state, asked I-a Rose If he had a third watch the night he went to Lpondor'i sa loon and threw two watches on the bar. he denied It Pressed further, however. La Rose admitted that he had a third timepiece. "Did you say to Leondor that you got that watch from your mother?" was the next question. An objection by the defense, upheld by Judge Morow. saved the witness from answering this question, and after this he appeared less com bative. . Telia Movements Day of Murder. He then gave his version of his movements on the day Neuman was struck down In his store. He said that he slept at a cheap Front-street lodging-house, as he had been drinking too much whiskv to get a room at a better place. He said he arose late and made the rounds of the saloons, going first to Krickson's. on Furnslde ptreel. between Second and Third. The witness told of remaining there for a -highball." and several more drinks, and of going then to Frltx' and ma iler's. He saw no one he knew at any of these places, and then went to lomlnr's saloon. He had never been 'there, he said, before May 12. The witness testified that he was never at Neuman's store nntll taken there by the Sheriff when the Jury went to look at the premises. Pr. I F. Griffith, first assistant at the Salem Insane Asylum, was the next witness. He said that John Phong, who was assaulted May IS. was In the asvlum In 190. The Celestial, tald the physician, believed he was be ing persecuted. He was released on the promise of Chong's employer that the Insane man would be deported to China Dr. K. D. Johnson corroborated the testimony of Dr. Griffith, saying that Chong believed he was being pursued by enemies, who would do him bo.llly harm. M. Ostrow said he was well acquaint ed with Neuman. that they both be longed to the same society. He said he went Into Neuman's shop after the assault and found the man holding his head with his hands. Mr. Ostrow said he asked Neuman what was the matter, and that Neuman answered. "My head aches." The witness asked Neuman he said, who hit blm. and received the answer. "Nobody did it." Ostrow said he Is sure Neuman did not know him. llonroe Goldstein and Dr. C. C. Mr rornack testified that Neuman told them two men assaulted blm. Mr. Goldstein said that while talking. Neu man choked up with blood occasion ally, and that he sat on a bench In the receiving room, at the police station with his hands to his head, moaning. I'pon cross-examination Dr. McCor nack described the wound. He said the right aide of Neuman's head was apparentlr split open, the wound . ex tending from the right eye to the base f the brain. Thomas K. Hulme. a plumber, living at St Seventh street, said that the weapon used was not a gaapfpe. but a waterplpe. He explained that the pipe In evidence Is corroded both Inside and cut. and that a gaspipe will smell of gas even after heirs; laid aside for It or seven years. Attorney John K. Logan, special counsel for the state, .-reated a rlppl of merriment by re marking to Hulme. "Yon are-one of the --entlcmcn removed by Mayor Lane, are you notr The witness answered In the affirmative. Frank A. Hcltkemper. a Jeweler, and Von, Gray, a watchmaker In Ills em ploy; were shown the large brass watch, and said it had been worn, and that the design on the back Is an or dinary one. This testimony was Intro duced by the defense for the purpose of corroborating La Rose's statement that he had owned the watch two years. Judge Morrow denied the motion of attorneys Humphrey and Vpton. of the defense, that the testimony relative to the assauit on Hermann be stricken out because of Irrelevancy. Attorney Logan made the point that the weapons were. In all three assaults, left on the premises, because they were bloody. The defense then made a motion that the court direct a verdict, on the ground that the evidence was not sufficient to connect La Rose with the r.euman murder. This was denied. REPLY TO MRS. JACOBS' SUIT Defendants File Demurrer In Case for Heavy Damages. A demurrer to the suit of Mrs. Su sanna n Jacobs, of New York, to re cover $200,000 from the Jacobs family, of this city, has been filed in the Cir cuit Court. The six defendants allege that the complaint shows upon its face i ORKt.ON PIONKKR OF 1R.12 IS j CALLED BY DEATH. , The Late W. Clalborae Rlrhardaoa. W. Claiborne Richardson, a na tive of Iowa and a pioneer of H5I. aged 7S years. 10 months and S days, died In this city yes terday. Mr. Richardson was born in Iowa. January 3. 183.1. and. with his parents, crossed the plains t Oregon In 1352. residing for a short time in Polk County, and afterwards locating In Lane County. He was a resident of Portland from 1SS2 until 1871, and two years later removed to Independence, where he lived until l.-.st Spring, when he re turned to this city to live with his daughters. He Is survived by a w'idow. two sons and three daughters. His sons are: Judge William K. Richardson, of Spo kane. Wash., and Frank Richard son. Deputy Sheriff. Solomonvllle, Arlx. HIJ daughters are: Mrs. May Farley. Mrs. Jennie Hutching and Miss Effie Richardson, all of this city. The remains will be taken to Dallas, Polk County, for Interment. that action was not commenced' within the time provided by the Oregon law. and that for this reason the complaint Is of no effect. The demurrer also al leges that the complaint does not state facts sufficient to constitute a cause of action. Mrs. Jacobs brought suit October 27, through her attorney, to recover a lit tle less than a quarter million dollars, upon her assertion that her husband's parents and relatives, who are of Jewish descent, have alienated his af fections from his wife, because of a difference in religious belief. The en tire family Is well known in Portland. Morton B. Jacobs. Suzanna Jacobs husband, having been at one time a member of the Multnomah Club. Hie father. Isaac Jacobs Is Interested In the Oregon City Woolen Mills, and has valuable property In Portland. The other defendants In the suit are Clara Jacobs, mother-in-law of the plaintiff; Alfred G. Jacobs, Caston G. Jacobs. Garry B. Jacobs and Airs. Lillian Lang. It ia Mrs. Jacobs contention that her husband's parents had- a girl of He brew descent selected for their son. and were much chagrined when they discovered that he had been married without their knowledge. Threats of disinheritance If he continued to live with her, it is ttaid, led him to leava her. MINERAL SPRINGS OWNER SUED Samuel Macartney Submits Claim for $2000. Suit to recover J2O0O from Edward L. Shipherd wes begun before a Jury In Judge Bronaugh's department of the Cir cuit Court yesterday. Samuel Macartney alleges that he told the defendant a half Interest in Shlpherd's mineral springs In Washington for JAM), of which SWOO was to be paid down, and the balance of $2000 from the first profits. Macartney says Phlpherd has made more than $2000 from the springs, but has not paid him. , Shipherd says !n defense that after he made the deal with Macartney they sold their interests to a corporation, with a capital of $12,000. The two were credited with having subscribed $10.0n0 toward the capital stock, and SX was to be paid by the corporation to Aiacartney from the first profits. Then Shipherd claims he bought Macartney's interest In 1908. paying therefor twMO. He says his former partner must look to the corporation for the $2000. COUNTY SELLS BARNES TRACT Dispute Over Title of Property 11 Miles East or Portland. The County Commissioners have sold the John Barnes tract. 11 miles from Portland, on the Troutdale electric line, to George M. Strong, for $S50. This was the highest bid submitted. As a suit over the ownership of the land Is now pending In the Circuit Court, the Commissioners gave Strong a contract for a warranty deed, and are confident that they will be able to give him a clear title. The suit waa brought by the heirs of Barnes, who allege that the land was given the county by Barnes with the understanding that he was to be cared for for the remainder of his days. It is alleged that the county failed to keep the contract. Ttie tract, which consists of 4 acres, will be platted by Strong and sold. Quick Conviction for Bachelor. Aftr il-llberating lj minutes, a Jury in Judge Clcland's department ot tile Cir cuit Court, convicted Kugen Bachelor yes terday of contributing to the delinquency of Katie Stricklln. Bachelor la a bartender. Los Angeles Defendants Fail to Arrest Judgment. SHORT DELAY IS SECURED Judge Wolverton Announces That He Will Pass Sentence Tomorrow on Men Convicted of Fed eral Land Frands. Judge Wolverton yesterday afternoon overruled a motion filed by Attorneys M. A. McLemore and John Manning, to arrest Judgment In behalf of Dr. A. H. Hedderlv. W. H. Smith and Richard Hvnes. the three defendants connected with the Pacific Furniture & Lumber Company, recently found guilty of de frauding the Government out of land. The defendants, through their attorneys. sought to have Judgment against them arrested on two points, first that the trial Jury was Irregularly drawn, in that the jury commissioners were not In court when the drawing was made and. second, because the term of the Fed eral Court had expired before sentence was nassed. Judge Wolverton rendered his decision from the bench. In discussing the nrsi point. Judge Wolverton referred to the court record and saw tnai naa me at torneys anv doubt about the manner In which the Jury was drawn. It was their duty to have called attention to It at the time, and that the records were where the attorneys could see them. After the motions were denied. At torney McLemore requested that his clients be given two days In which to make a motion for a new trial. Judge Wolverton was not Inclined to grant the time, saying that the attorneys had been given time In which to file the appllca tlon.. Attorney Manning, speaking In be half of his client, W. H. Smith, assured the court that it waa necessary. In case additional bond was demanded, that he be given until Saturday so that one of the men who was on Smith's bond might reach the city from San Francisco. Judge Wolverton. before granting the tlmo de manded, said that he would like to hear from the Government prosecutors. Tracey C. Becker, who. with Cnlted States At torney McCourt, conducted the prose cution, said: "I think It's about time that this farce should end. The Government, while not wishing to work a hardship upon the de fendants, feels that the time for passing Judgment has arrived and I am not in clined to grant any further time." Attorney Manning replied to Judge Becker, and assured the court, that if the Government considered the case a farce, that he certainly did not. "Thla." said Mr. Manning. "Is a very serious matter to my client. He Is a stranger In Oregon and at this time one of the men who subscribed to his bond is In San Francisco and could not possibly be in the city before Friday, and I would like to have an extension until Satur day." Judge Wolverton then announced that he would give all of the defendants until Friday at 10 o'clock and at that time he would pass sentence, not only on Hed derly. Smith and Hynes. the three men convicted, but also upon J.' R. Miller, W. T. Kerr, F. A. Stuart and Ames B. Johnson, the defendants who pleaded guilty. CALLS CANAL COLD BRICK SENATOR ANKENTT DISCUSSES PANAMA PROJECT. Agrees With Speaker Cannon About Impracticability of Present Undertaking. I agree with Speaker Cannon that the Panama Canal, as at present pro jected, is a gold brick," aald Senator An- keny yesterday. The Washington Senator waa seen at the Oregon Hotel and was quite free in his discussion of events. He said among other things that Oregon had maJa a grievous mistake by not returning Sena tor Fulton to the Senate, saying without reservation that Mr. Fulton could do more for this state than a new man pos sibly could accomplish. In referring to the canal Mr. Ankeny aid that in the conference before the committee expert engineers from Frnnce. Germany, England and other countries agreed in their opinions that the lock system now being carried out was not feasible and that 4t would cost this Gov ernment $210,000,000 to change It over to a water-level canalway. which would lave to be done eventually. "What we need." said the Senator, "Is to have the waters of the Columbia and Us tributaries diverted for Irrigation pur poses more than anything else Just now. The Improvement of the waterway from Portland to the sea is, of course, an im portant work, and the members of Con grcbs from this part of the country are taking enre of that matter. I am one member cf the committee having the Panama Canal legislation In hand and can say that I deem the present scheme with locks absolutely Impracticable. Why should battleships, for Instance, be hiked up in the air 30 or 0 feet, when they might just as well run across the Isth mus on a level? The engineers we had before us told of the Manchester Canal, In England, the Kiel Canal. In Germany, and the Sues Canal, in Egypt, none of which have locks and all of which are working satisfactorily. Uncle Joe Can non expressed my idea when he said that the Government had been handed a 'gold brick' In this canal scheme." REID VERDICT WILL STAND Court Refuses New Trial to Boy Whc , killed DeMars. Judge Gantenbeln listened yesterday afternoon to the arguments of attor neys H. M. Esterly and C. M. Idleman for a new trial for Jackson Reld, who was recently declared delinquent by a jury of six men In the Juvenile Court. He was accused in a petition signed by Thad Vreeland. Deputy District At torney, with having killed George F. DeMars. on Government Island at the Fair Grounds. Deputy District Attor neys Vreeland and Mosessohn were present yesterday to represent the state, while John H. Stevenson ap peared as special counsel. Judge Gantenbeln denied the motion, saying that he had tried about 250 cases and never yet found it necessary to grant a new trial, and that as six men's opinion had beast placed against his. he must defer to that. He re marked, however, that had he been on the Jury he would not have voted as they did. Aa It was, he said he would not send the lad to the reform school. For boys from 6 to 16 here's every new . style in clothing. The practical long coat (not long enough to hamper the legs) and the ever popu lar short overcoat; also the Norfolk suit which is always so becoming to boys of these ages. Our stock and assortment is too large to attempt any description. We only make a few suggestions. The most important suggestion is that you come and see us. mm CLOTHIERS 166-170 Third Street. Young Reld will probably be placed in care of a relative. Most Pay for Scrap Iron. According to the verdict of a jury In Judge Bronaugh's . department of the Circuit Court, returned yesterday morning. M. Barde & Son must, pay J. T. Wilson W72.90 because they pur chased a quantity of scrap Iron at auc tion, and now refuse to accept it. The Bardee brought suit against Wilson to recover $200, alleging that they pur chased an old 'boiler and tubing for $3200, paying $200 down. The plaintifTs asserted that Wilson misrepresented the quantity of tubing, while Wilson contended that he told the purchasers that the iron was on the premises for examination. Verdict for Streetcar Company. A verdict for the Portland Hallway Company was returned in Judge Cle land's department of the Circuit Court In the suit brought by A. Bobleter. The latter demanded $5000 damages be cause, in attempting to board a car at East Twenty-eighth and East Davis streets, he missed his footing. . He al leged that he was permanently injured. The motorman testified that a tripper was following the car, and was picking up some of the passengers. Bobleter, he said, did not signal the car, but at tempted to board It as it was in motion. The conductor said that as soon as he saw Bobleter reach for the handles he gave three bells, the emergency signal, and the car was brought to a stop. Acquitted of Sunday Violation. Judge Cleland directed a verdict for the defendant yesterday afternoon In the case In which Kate A. Fox was charged with violating the Sunday-saloon-closing law. Testimony brought out the fact that sev eral persons were drinking on Sunday In a room of the hotel over the cascade saloon, at Sixth and Flanders streets. Kollock and Zollinger appearen as at torneys for Mrs. Fox, while District At torney Cameron prosecuted the case. Declares She Is of Age and Own Boss Mother of Eva Brown, However, Says Girl Is Only 16, and Youth May Face Serious Charge. UPON the question of whether Miss Eva Brown knows more about her age than does her own mother depends the girl's appearance before the Juvenile Court. She refuses to live with her mother, Mrs. Nora Brown, of 71H Sixth street, and declares she is of legal age and her own boss. She left her home on her birthday, last Saturday, and was ar rested yesterday forenoon at the mother's solicitation. 'I'm 18 and my own boss. I'm a woman and not a girl," the youthful prisoner de clared, angrily, when taken to the police station. She's only tt, and r-ought to know if anyone does," the mother said. The authorities took the mothers word for it and sent the girl to the Home of the Good Shepherd, pending further In quiry into the case. Arrested with her was Carl Sikes, a homely youth, who is said to have been trying to get the girl to elope with him. If It develops that she Is but 18, as the mother says, then Sikes will have to stand trial on the serious charge of contributing to the delinquency of a minor. The girl left home last Saturday with the announcement that, having become 18, she would shift for herself. The polios were notified, but they couldn't find the girl. Deputy District Attorney Mosessohn, on issuing a warrant for the girl's deten tion, made an investigation and located ber In an apartment house on Stark street. In trying to learn the girl's age Mr. Mosessohn found that the Highland School records show she was 15 in No vember a year ago. This verifies what the mother says, hut an effort will, be made to locate the birth certificate in the county records before taking up the case for a hearing. William Henderson, proprietor of the Appleton Hotel, on Sixth street, is also under arrest because of the case. Mrs. Brown charges that while the girl was escaping Henderson assisted her. The mother says she was held buck by Hen derson from searching a room In which the girl was thought to be hiding. Hen derson also kicked at her, she says. The hotel man is charged with assault and battery. MT. TABOR IMPROVEMENTS Plan to Establish Fire Engine Com pany Approved by Mayor. W. G. Oberteuffer, chairman of the committee on fire protection, reported to the Mount Tabor Improvement Club at the meeting Tuesday night, that Chief Campbell's recommendation for an engine house on Francis avenue had been approved by Mayor Lane, He said that from the place selected. BEILBR'S MILLfflEKI . ' FIRE SALE.. 380 Washington, Corner West Park FRIDAY MORNING we will place on sale the balance of our beautiful black, white and colored Ostrich Plumes at ridiculous prices. The greatest values ever offered in the City of Portland. NO CHARGES NO EXCHANGES NO DELIVERIES Plumes $30.00 Black Plumes $15.00 $25.00 Band Plumes, with J,oa end ?1.00 $20.00 Black Plumes .$10.00 $15.00 Black and White Plumes $ $12.00 Black, ;White and Colors ? 4-8? $ 8.00 Black and "White Plumes . . :$ 3.95 $27.50 Willow Plumes, colors $10.00 Paradise Birds $65.00 Yellow Paradise Birds, choice. $30.00 $45.00 .Yellow and Black Paradise Birds, choice. .. .$25.00 $35.00 Yellow, Black and Green Paradise Birds, choice $18.00 Flowers and Foliage 200 Cartons Roses and Foliage Values to $3.50 each, choice 50 100 Fancj' Pins Values to $3.50, choice 25 100 Ornaments Values to $2.50, choice 25f an engine company could cover Mount Tabor. Center Addition. North Mount Tabor and Montavilla. as there would be a down-hill In all directions from the engine house. Mr. Oberteuffer further aald it still remained to ob tain the appropriation for this engine and house. It would be necessary to purchase a lot, erect a flrehouse and install the engine and company, and the committee was continued. A representative of the gas company reported that mains have been laid on the - Base Line road and Belmont street to West avenue, and will be laid to the highest point at Mount Tabor when desired. All present signed a CHRISTMAS JEWELRY The approach of Christmas is a great stimulus to jewelry buying, exceptionally so in the case of fine jewelry. Many people begin early in their "search for gift jewelry for Christmas, avoiding the rush that increases as the holidays draw near. Choose from the finest as sortment of high-class jew elry novelties for Christmas gifts. My stock includes every thing choice that could be desired in the jewelry line. Many specimens that are found elsewhere in plated only are here in solid gold also. Pendant necklaces of coral and cameo, also grape de signs in pearls are much sought after this season. I am showing an exquisite line of them. Nothing short of a visit of inspection can convey any reasonable idea as to the de signs we are showing in pen dants and brooches. Our showing is exceptionally at tractive. Side and back combs, ex clusive patterns, of openwork tortoise, banded and trim'd in solid gold and heavy gold plate. An array of buckles that aill satisfy the most discrim inating tastes, of solid gold, silver and ' rolled plate, set with semi-precious stones jades, lapus lazuli and others. In selecting something for a Christmas gift, particular ly in the jewelry line, it is a good plan to take plenty of time in selecting something choice; do your looking be fore the crowds have gath ered; begin now, while the. assortments are at their full est. I will show you a line of novelties, if you will call at my store, that I am sure will please you. ARONSOK eJcweler and sJilver-sraitFT i3- YVa-sHingtoriJXreet petition In order to get the mains ex tended. The committee on street signs was Instructed to see City En gineer Taylor about having the signs placed at once at intersections at Mount Tabor. It was also reported that nine electric lights, had been or dered placed at Mount Tabor. Olympla Malt Extract, good for grand ma or baby. Only 15-100 of 1 per cent alcohol. Phones Main 71. A 247. $10.00 a Month Now Returns Hundreds Later. The "Sole of Honor" in Selz Royal Blue shoe The sole of honor is made of good oak- tanned leather; there's a tough, durable quality to oak bark tannage that you want in the wear, that other tannages don't have. "We recommend Selz Royal Blue shoe because it's one of the moderate-priced shoes that's made with oak soles; and made honestly all through, of best materials. Fall styles are here. We'll fit your feet perfectly with Selz Royal Blue $3.50, $4.00, $5.00 Seventh and Washington MEAT In the Right Place At the Right Time That's it where you want it when you want it and "il you only knew how easy it is to carry from room to room and how much cheery comfort you can have with a PERFECTION Oil Heater (Equipped wltk Saaolcaleaai Device) You would no longer be without one. "No smoke no smell" this is tlie ftrfection maxim. Because the smokeless device smokeless you can have direct, plowing heat bom every ounce ot oil. Drass lorn noias t quarts Ml burns 9 hours. An ornament any where finished in )apan and mckeL Every heater warranted. The MM give ttUed pleam toot nugaane ar piper il gives I bril- bant, study light. Equipped wHh tite litest improved central draft burner. Made of brass, nickel plated. Every lamp warranted. Write our nearest ageaey lor descriptive circular if yoa doa t tod iho Peritenon Oil Heater or Ray Lamp at your dealer's. STANDARD OIL COMPANY Iorpratd) k -V I W&T ' " jiSr' 1 "1 s 'i I J.