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.
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