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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 13, 1908)
13 THE MORNING OREGONIAN, FRIDAY, NOVEMBER 13, 1903. ORDINANCE GOES IN - EFFECT TODAY Law Prohibiting Steam Loco motives on Fourth Street to Be Enforced. LANE KEEPS OWN COUNSEL Mayor Pays, Ilowover. lie Will T)o Ills Duty and It Is SurmlMrd He Will Cause Arrot of Gen eral Manager O'Brien. An ordinance. prohlMUns the deration of a-.earn locomotive on the ,Fo"r,h" street line of the Southern FHrlnr Com pnv became effective at 12 o clock last n'Kfit and as th officials of the company have'deelared they will iirnoTe th"1M1,.w Indications are that Mayor Lane will to day cauM the issuance of warrant for the arrest of J. F- OHrien. general man ager of the Hirrlman lines In Oregon, to brlnff the raw into court Immediately. 1-pon this point the Executive refused to be Intel-viewed, but aald he would do his "full duty under the law." It Is under stood he will be (raided laritely hi bis ac tions In tills mutter by City Attorney Kavanaush. with whom he consulted dur- 1 th Afternoon. Kmn Tre nrt Hx-nned fo make any statements "I win do my full, duty under the law. hut as the ordinance does nu iaae ei fct until mldnlfrht. I cannot state what m-ill do." said Mavnr Lane. "I am in vestiratlnr the matter, and suppose iva a reasonable time in which to act ail I can sav at this time Is that I will ascertain fully my duty and then proceed without delay to do my duty. The letter of Mr. O'Brien, read at the Otv Council session Wednesday, (tav diir side of the case ciulte fully." said W T. Fen ton. Irene ral counsel for the South ern PacJtic. "I think there is nothing to be said, except that we will continue to use the line on Fourth street, as at pres ent." Mr. O'Brien is out of the city, beln in attendance at a celebration at Enter. prise, the occasion belna; the completion of the new cut-off. - However, Mr. Fen ton's statement makes it clear that Is the Intention of the company to pay no attention to the ordinance, which went Into effect at 13 o'clock lust nlirht. and which prohibits the operation of steam locomotives over the Fourtn-etreet line. which runs through the central portion of Portland. The situation is peculiar as retards the enforcement of the ordinance, and places Mavor Lane In a somewhat embarrassing position. An ordinance was introduced at the session of the City Council last Wed nesday afternoon, extending the time of operation on the lino another IS months. but Councilman VauRhn exercised his right to object to final passaK on the first presentation and It was not put to vote, although Councilman Annanii. the author, tirst asked that this be done. Objection therefore defeated definite ac tion, and the proposed measure was re ferred to the committee on health and Pol ice. The proposed ordinance having failed of passage, and the time of the company therefore being not extended. It has de volved upon the Mayor, as the Chief Kxecutive of th city, to enforce the pro visions of the Vauplin ordinance, which became effective at midnight, and which aaya no steam locomotives shall be op erated over the Fourth-street line. Tlfere has been much comment on the probable outcome of this Important mat ter, and by many it was thought that, If Mayor Lane was called upon to act, , he would cause the arrest of some enffi neer on the Fourth-street line. In order to bring the case promptly tnto court. It was anrued that this course would be apt to force the company to seek relief by Injunction. However, It became ap- . parent yesterday that the Mayor will ' more probably cause the arrest of General Wanojrer O'Brien. Instead of some em ' ploye worktnR under orders. It la the contention of the Southern Pacific Company, according .to the letter i read before the Council from Mr. O'Brien, that It has been Impossible to complete the bridge across the Willamette, on the Oswego cut-off. and that It will be nece sary for the company to have another 19 months' time in which to prepare to take notified to report to Judge Wolverton at I o'clock on the afternoon of Novem ber IS. The list is made up of 70 house holders and they will be called upon to hear the testimony In "many interesting cases. The list of Jurors is as follows: W. II. Anderson. Georse V. Hiekfc draughtaman. wood dealer. J B Ash by. farmer. I. Hlxson. farmer. P L- Payne, farmer. W. B. Honeyman, Heart Barendrick. manufacturer. wood and coal. W. H. Harris, fanner. J M Brown. farmer.J. A. Hewitt, farmer. 6. B Fallon, nirrlea, C. H- Haifa. G Carnm, merchant. harnesamaker. j u caatralL farmerC. F. Himo, Iannr Edward M. Croalan. S. "!. Jonca. capitalist. bopgrowor S. TV. Ke-Iey. grocer. A N rutting, farmer.d!. Klphart. farmer. Georite J. OJark. real W. Ijandosa, farmer. estate ' A. Tl. Lock, farmer. F H Carter, banker. J. N. Lwi. merchant. J c clmensou, E. B. lynr. farmer. dniKxift. .1- R- Mctiee. farmer, j. carothera. farmer. K. Myers, farmer. (7. H. Crolean. farmer. William Madison. Tilrhard L. Durham, merchant. banker. W. H. Morrow, t a. Doyle, farmer. manufacturer. Paul Dunn, farmer. It. Macninc. Frank N. Derby. farmer ral eatati. H. Metzer, farmer. P. lattin. farmer H. Nigcra, farmer. C tv. Dart, carpenter. Theodore Nikolai, W. If. H. Darby, manufacturer. rttrn. uavm u rovr, I p.wlni. salesman. manufacturer. J K. Kly. nicr.-hant. p. Plymnlp. merchant. Oeorgc C. Eaaterbec. J. H Proton, farmer. contractor. A. rhlllppl. farmer. J. M Farley, farmer. V. Roberta, farmer.. R. -u!ka. printer. W. J. Rodgera, o. A. Given, farmer. farmer. M. H. Gillette. J. F. Farley, farmeg. farmer. B. M. Stiera. logger. Maurice raaodman, C. W. Tracer, . merchant. engineer. F. J. oarrlaon. cooper. J. A. Woodell. farmer. F. Geortes. butcher. F. Wilson, farmer. Jacob B. Hepp, G. White, farmer. stair bullrt-r. J. L. Vantla, farmer. V. Hemenway. farmer LA ROSE WINCES AT LOGAN'S WORDS Prosecutor Paints Prisoner as Fiend of Deepest Dye, in Address to Jury. MURDER TRIAL ENDS TODAY fflT HOP DUTY ADVANCED nOFJfEX SESD IIERMAX liXA- BER TO WASHINGTON. : its heavy traffic from Fourth street j However, the letter did not contain any proposition to pay the elty for the use lof the street, neither did It promise that :ie company will abandon the use of the Mine at the expiration of the time sought. IMim CASE MEN UP W. K. R.11CT AXT ASSOCIATES ' WOnj) QCASU IXDICTMEVT, Uitute of Limitation Is Cited by Judge Pipes for Defendants la Land Trial. Judge Wolverton. In the I'nlted States Circuit Court, yesterday, heard argu ments on the demurrer filed against the ; Indictments returned against J. H. Ralcy, of Pendleton, and eight other defendants. accused of attempting to obtain litle to lands on the LmatllU Indian Be?erva ' tlon bv means of false entries. The de f fendants were represented by Martin L. ' IMpes and Heney E. McGinn, the argn J meut being presented by Judge Pipes, i The argnmenu on both sides were ex 'haustlve, and when United States At f torney IcCourt concluded for the Gov , ernment. court was adjourned until this morning. Judge Pipes attacked one of the Indict ments, that acalnst RaJey and Adams, because the dates of the alleged con spiracy given in the indictment extended beyond the statute of limitation. He also contended that the Government was without title to the lands In question, because the law stipulates that in case any of the purchasers fail to make pay ments at the time thry are due. the lands are again to be offered for. sale. In case 'they should sell for more than the amount due the Government, after all expenses have been paJd, the money will go to the original holder of the property. In answer to the argument. Mr. Mc Court reviewed the history of the grant to the Piutes. Walla Waiia and the I'ma tilla Indians, and contended that the Government, nntil patent to the land was issued, still maintained control of the lands. . FEDERAL JLKOllS A HE. DRAWS Seventy Notified to Keport In Court Xovcmber 2.1. Jurors who will hear the evidence In the cases that will be tried befure the I'nlted States Circuit Court were drawn )etterday morning and they have been Growers of Pacific Coast Choose Orepon Dealer to Slake Fight Before House Committee. The hnpgrowers of Oregon, Wash ington and California have selected Herman Klaher, of the firm of Klaber, Wolf & Netter, of this city, to repre sent them at the tariff revision hearinff X . i w 1 Herman Klabcr, Wlio Will Rep resent Pacific Coast Hopgrow era Be fere House Waja and Means Committee. before the ways and means committee of the House of Representatives. Mr, Klaher . will leave for Washington, D. C, tonight. Mr. Klaber was reluctant to under take the task, -as the hop market is Just entering on its most aotive period. He pleaded. the pressure of business as an excuse, but the large growers of the Coast, particularly of California, were insistent, and yesterday he tele graphed to W. E. Lovdal, secretary of the California subcommittee, his ac ceptance and -willingness to start East as soon as he oould arrange his busi ness affairs here. What the hopmen of the Pad no Coast want from Congress is an In crease In duty on foreign hops. The tariff now stands at 13 cents a pound on Imported hops, and they are going to ask that it be raised to 24 cents. It Is their helled that such an increase will help the hopgrowlng Industry In America. The agitation for a higher duty on hops was started in California. - The state committee on tariff revision ap pointed a subcommittee on hops, con sisting of W. K. Lovdal. Max Wolf and K. S. Woodward, which recommended that the duty be doubled. According to the report of the commit tee, the American hopgrowers are on the verge of bankruptcy, because of unprof itable markets for eeverai years, a con dition due largely to the importation of so many foreign bops. In the season of li-S-S the Imports were 4.339.279 pounds, valued at JiUOO.uOO; in l-7, 10.113.9!sS pounds, worth JH.6uo.000, and In 1807-8 they were 8.493. IIS pounds, valued at t2.300.00l. A doubling of the tariff, the committee says, would keep down the Imports and at the same time would not lessen the Governments revenue. The committee also recommends that the duty on for eign beens containing foreign hops should be advanced proportionately. The California committee first selected SeValor B. S. Woodward, of Santa Kosa, to go to Washington, but later, at the re quest of the leading growers, decided to send the Portland man. Mr. Klaber Is probably better qualified than any other hopman on the Pacific coast to under take this mission. He is not only the largest dealer on the Coast, but Is a prac tical hopgrower of many years experi ence, and is. lurtnermore. coneiuereu uie best-informed man on hop statistics in the country. A representative of the New Tor nop- growers will also be present at the hear ing, which will be on Wednesday. Novem ber IS. D0NTF0RGET Friday morning is the time to get a 1.25.00 suit for flS.50 at 375 Washington Street Humphreys and Fpton Speak In De fense of La Rose, and Fitzgerald Closes for State Court's ' Charge This Morning. Boys Are Held to Blame. P. H. Trlcg and Mrs. Lillie Morse were acquitted of an assault and bat- en- charge in the Circuit Court yes terday morning. Judge Cleland deciding that two boys, their accusers, were in tho wrong. Mrs. Morse said tnat ver nie Knight and Glen Terry were em ployed by Trigg to assist In putting up building at Arieta. sua saia mere was a disagreement over the prloe, and hat the boys came In force to demand their pay, swearing, Bmoking ana re using to leave the premises, fene said he struck them with a pieoe of plank. The fracas occurred August 4. Baker Disposes of Poorfarm. BAKER CITY. Or.. Nov. 11 Spe--Followlng Taft's election, the court of Baker County sold what was known as the count's poorrsrm to fete Crabill. a private citizen, for 13000. The tract of ground was sold, how ever, because of ita location. For the first time since his trial began for the murder of Hyman Neuman, Jack La Rnse sat in the courtroom yesterday morning with blanched face. It was dur ing the grilling by Special Prosecutor John F. Logan, wherein the lawyer pic tured La Rose as a nend of the deepest dye, who could, and did. deliberately murder a man in cold blood. With all the force at his commarrft. Mr. Logan excoriated .the prisoner and pointed to him as a coward who would strike an other man down from behind. After the .opening argument of the state had been finished, and Attorney Lester w. Humphreys began the argu ment In behalf of the alleged gasplpe thug. La Kose resumed his nonchalant air. Glances were frequently thrown in his direction from the jury box, as though the talesmen would read his innermost thoughts, and know for a certainty whether he was the perpetrator of the brutal assault on Neuman." Attorney Jay I'pton closed the argu ments of the defense yesterday afternoon reminding the Jury that to all the state ments to be made by Deputy District At torney Fitzgerald, for the state, who fol lowed Mr. Upton, the defense could make no answer. Mr. Fitzgerald completed his argument at 6:30 last night, after which Judge Morrow, in whose depart ment of the Circuit Court the case is being tried, said that he would instruct the Jury at 9:1S o'clock this morning. The Jury will then retire for delibera tion. Logan's Address to Jury. At the beginning of his address to the Jury Mr. Logan reminded them that al men are but one great family, and that they must respond to the call of duty. "You have a duty to perform." he said. "no lesB than you would had you an swered your country's call to arms. Nor Is that duty less weighty than that or the District Attorney or of His Honor on the bench. I think It is the duty of the District Attorney to present all the faots," con tinued Mr. Logan, "not only to prose cute the guilty, but to protect the In nocent, even though it lead to the dis charge of a prisoner in the midst of a trial. We have attempted from the be ginning to introduce all the evidence, and have met at every turn the barrier of objection. . "Right at the beginning we were met with the objection that Hyman Neuman wasn't killed: that perhaps he fell from that ladder and oraoked his skull from his right eye to the base of his brain. Then they try to make out that two men assaulted him. -You get a blow like that over the top of your bead and see If you can tell what struck you. We have all seen stars in our boyhood days. Then the defense Introduces testimony that this is a water pipe. Granted; but how much have you gained?" Here Mr Logan related to the Jury, Bible In hand, the story of the first murder and remarked that Cain wouldn't admit the murder of Abel even when accused by his God. To this At torney Humphreys replied In his argu ment that Cain fled to the land of Nod, and that La Rose would have fled in similar fashion had he committed a murder. Mr. Logan continued: 'The only places this sort of weapon has been used is In Ban Francisco within the past year, and on shipboard. La Rose Just came from San Francisco before the assaults, and he has been employed aboard a vessel. You will no tice that the assaults stopped as soon as he was arrested. "This defendant is worse than the "no savlesf Chinaman ever In the country. Gentlemen, does your mind hark back to San Francisco two years ago? On the 18th day of April, 1906, there wasn't any San Francisoo. Clay street was a. myth, a lie. It didn't exist. AVatelies Circumstantial Evidence. "These watches are the circumstan tial evidence which brings home to you that Le. Rose is the murderer of Hyman Neuman. They know that, and they have used all the resources of two of the brightest young lawyers of this bar to keep It from you or explain It away. We have shown you something few men e three watches in one man s pos session in one day. The reason he took those watches there was because lie concluded that Leondor, the saloon keeper, was a good 'fence.' He didn't want them In his possession. He didn't go back for them the next morning. either. Why did he retain the third watch and get rid of the other two? Quotes Saloonkeeper's Testimony! "We have Leondor"s testimony, who says that la Rose was very nervous, asked for a drink, and said. Ot give mo any old thing; j , I have been on a h of a tear, and I'm all shot to pieces. I have got Just 310 here; stand ing down in front of a second-hand store and by Q . I don't know, I was Just debating with myself whether to go In there and buy a revolver and shoot myself or else to take this $10 and blow it in. I tell yon It's a curse to a man that has ever had anything to fall heir to money." "We have - the Chinaman pointing right at Jack La Rose and saying, He try klllee me,' and we have La Rose himself, this man right here, admitting he tried to kill the Chinaman." Then the attorney went Info a de fense of policemen, reminding the Jury men that officers are the protectors of homes. He characterized as ludicrous the assumption that because two physi cians testified to Chong's lunacy, the rap which La Rose gave him over the nead was a hallucination, and the de fendant a myth. Mr. Logan asked the Jurors what the' would think If three crimes like these had been committed in the same locality in New York, on consecutive days, and picking up the blood-stained weapons, continued: . "Both these weapons came from the scrapheap. Could a man walking along the Btreet with this under his arm have had any good purpose? That man was Jack La Rose," said Mr. Logan sud denly, turning upon the defendant. The latter oringed under the prosecut or's stern gaze, and that of the jury. "That is the man who, right In the faoe of the gallows, can look and smile without any compunctions of con science, with the knowledge that there Is a widow and orphan bemoaning the fate of a husband and father. Whether he be guilty or innocent, he should, in common decency have shown a regard for the effect of the assassin's work. He will go down to the last scene of 1 Tirade-jBoildliini ale mf L $! ' ' ! r I tip i It took unceasing and painstaking work and a perfect knowl edge of merchandise for us to establish the reputation of always giving the best values in Men's Clothing. The Great Trade Building Sale which is now in progress here is making many new friends for us and is further enhancing our reputation as "Giver of Best Values." You have now The Free and Unrestricted Choice of any Suit, in the House for only No matter what the . Suits cost us, or the fact that they always sell in this store at $18, $20, $22.50, $25, and some at $30, the special price is just $15.00 Even if you tMnk you are "Made-to-order" tied, undo the knot for ten minutes and come in today. These Suits will prove a revelation. All the fancy models in the new forest greens, tanbark browns and dove grays and lots and lots of things that will meet with the unstinted approval of the conservative dresser. "Stanley" Hats $3.00 We could say no end of nice things about these Hats, but all sums up in this: They are fully equal to any $5 Hat in quality and style, and we guarantee them to give satisfactory wear. EE23 Brownsville Woolen Mill Store Third and Stark " Mill-to-Man Clothiers" Portland, Oregon sasasaasasasMBBBn the play with that same look upon his face. He 1b built that way. He isn't afraid." Humphreys' Address to Jury. Attorney Humphreys then addressed the Jury and called attention to La Rose's condition when he was arrested, having no friends and no money. He said that while Mr. Logan cried fair ness for the defendant, he deliberately concealed evidence damaging to the state which might have been brought forward. He said that La Rose, in pulling things from his pockets brought forth the watohes, and that Leondor took them away from him, agreeing to keep them until morning. He then called attention to ia rtose s statement that he bought the large watch on Clay street In San Francisco two years or more ago, and charged the attorneys for the state with deliberate ly neglecting to ask La Rose whether It was before or after the earthquake, for fear he would name the exact date as being before the quake, and thus spoil their argument. He then called the Jury's attention to the objections of the stace to testi mony regarding Neuman's statement that two men struck him. He also said no effort was made to bring be fore the Jury the two men who were taking down olrcns posters. Although they knew of Neuman's terrible con dition, he said, they did not notify the police, but simply told Mr. Oatrow, Neuman's friend, and went on. Coun sel said that it Is worthy of belief that they assaulted Neuman, or that they knew who did. i Mr. Humphreys then called attention to young Neuman's testimony that the large watch was in his father's shop, , nnri aalri thftt had It been mere, a record would have been kept of It, and that the record would have been placed before the Jury. He said the lad was mistaken. That the handkerchief, with which one of the pipes is wrapped, bears the Initials "A. W." was spoken of by Mr. Humphreys as pointing to another man as the perpetrator of the crime. He also called attention to Max Her mann's Identification of a man named Wagner as his assailant before he named La Rose. Cpton Closes for Defense. Jay Upton, in closing for the de fense, said that John Chong told an untruth when he said he was never at the asylum. The Court would In struct the talesmen, said counsel, that a witness proven false In one part of his testimony is to be regarded with distrust as to other portions. He also told of the disparagement between the testimony of Tonken and Hermann re garding the Identification of La Rose. Counsel then told of the Southern mother who knew her boy was Inno cent, and was interrupted by . Mr. Logan, who said that was not in the testimony, "Neither was the story of Cain and Abel In the testimony," was Mr. Upton's retort. Mr. Fitzgerald, in closing for the state, said that if La Rose had been the possessor of the large watch for two years he would probably have known that on Its face are black Arabic figures, while he testified that it contained Roman numerals. He then turned to the weapons, and asked the Jurymen If they did not look as though they came from the same pile of Junk. Mr, Humphreys made an impassioned plea to the talesmen to weigh all the evidence carefully, that they might not be haunted in after years with the specter of an Innocent man, whom they had convicted. Mr. Fltsgerald replied that they need be haunted by no spec ters, as La Rose knew the law, and the law was not responsible because he broke it. Said the prosecutor, "Ha has placed the rope about his own neck." Court Paroles James Hill. James H1U has been paroled by Judge Gantenbeln. of the Circuit Court,' after having been sentenced by that Judge to serve two years in the State Peniten tiary for larceny. Hill pleaded guilty to having stolen $125 worth of cloth ing from S. D. Wills on June 10. The court was of the opinion that the cir cumstances surrounding the case war ranted giving Hill a chance to make a man of himself. Seeks Custody of Children. Charles Morris has appealed to the Juvenile Court to obtain the custody of his children. He says that on Oc tober 7, while he was living with his wife, Sarah Morris, in Coquille. she left home with Jajnes Banmgartner, taking with her three of the children. Baumgart ner is said to be in Idaho, and Mrs. Morris says he was only a friend. She says that the reason she left her husband was because he failed to support her and the children, and that while they were living in Josephine County they were, public charges. One of the children, whose ages range from 14 to S, is held by the court as a hostage, the mother having promised to 'bring the two others and appear in court Friday at 3:80 P. M. to answer her husband's charges. Charge of Stealing Auto Dropped. The charge of stealing an automo bile, which has hung over the head of Ernest Deibler for months, has been dismissed at the request of C. A. Dunn, the prosecuting witness, and the Dis trict Attorney. Deibier has a gunshot wound in his leg, received while he was in the Army In the Philippines, and it will be necessary, it Is said, for him to undergo an operation. A French engineer has Invented a rotaryi rudder by which lie aaserts a vesael of any1 rise may he turned In It rnvn length. LOTS $250; $10 DOWN. AND $10 A MONTH". The Teasing Taste of Toasties Delights the palates of young and old folks in every walk of life. Irost rrn oasties Crisp, Flavory, Golden Brown Flakes. A delicious dish for every meal particularly break East. Made of selected white -corn. it The Taste Lingers1 POSTUM CEREAL COMPANY, Ltd., Battle Creek,. Mich. 0 Lard Is An Animal f rooooi The source of lard ia unclean and the product is often unhealthy. The source of Cot tolene is absolutely clean and wholesome and the product is as healthful as olive oil. Cottolene conies from the cotton fields of the Sunny South; it is a product of Nature, refined by our exclusive process. Lard comes from the pig-sty and is simply indi gestible hog fat. 1 Cottolene makes food that any stomach can dieest, while lard Is the cause of nine tenths of all indigestion. Cottolene is the best frying and shortening medium made today. Wherever exhibited in competition with any and all other cooking fats, it has always been granted Highest Awards. COTTOLENE is Guaranteed SSUTST J&ZfSS money in case you are not pleased, after having given Cottolene a fair test. Nauar 5r!H In Hulk Cottolene is packed in pails with an air- wever goiq in uuiay t.t t tn r f..oh hnK. some, and prevent it from catching dust and absorbing disagreeable odors, such as fish, oil, etc. Cook Book Frw'z&VWr'g& edited and compiled by Mrs. Mary J, Lincoln, the famous Food Expert, and containing nearly 300 valuable recipes. Made only by THE N. K. FAIRBANK COMPANY, Chicago "nature's Gift from tho Sunny South" i i