Morning Oregonian., December 18, 1908, Page 14, Image 14

I
THE MORNING OREGOXIAX. FRIDAY, DECEMBER 18. 1908.
14
U.I1Y IS PLEA
IN HOMICIDE BASE
Harry Daley Declares Blow on
Head Caused Mind to Be
come Unreliable.
KENNY MURDER TRIAL ON
Stale Declares Threat Was Made He.
Xore Shooting Occurred, and ole
Ee-Wltness Gives Graphic Ac
count of Fatal Brawl.
Harry Daley is on trial for his life. He
is chanted witn iienoeraieiy im".
and killed Harrv Kenny. In .the lat
ter's saloon at Sixth and Tine tycet!"
The crime -was committed about 9 P.
ii: r .innrtpr thread of in
sanity is being used by the defense as
a support. The mate rested us case -
iwcen 3 and 4 o'clock yesterday aftr
noon, and fiur witnesses for tne de
fense were examined.
The state made an effort to show that
Daley had made threats against Kenny s
life before he finally eliot him. but the
testimony van ruled out by the court,
upon a teclmicality. It N probable that
un effort mil he made by the state to
Introduce it In r-bi:;ial.
With two hom.cl.ie ::-!a. n.if of Dr.
CI 11. WhitiifV and Antonio I'etarsso. In
ti.-osre". Presiding Judge Uaiiteiibein
took up the la!f-y case h-inself yes
terday. Departments 1. 2 and 4 were oc
cupied by juries, and ihei'H is no Jury
liox in Department No. i So Judge Gan
tnbe;n instructed the Janitor to bring
In Vi chair, and in these the Jury ails.
The table liave been arranged to make
room for the extia chairs.
Juror Objects to Kooin.
Although all the attaches of the court
house realize its consented condition, the
unexpected happened yesterday morning,
when a Juror objected to serving because
lie had been quartered once before, when
ailed upon to serve. In what he termed
"the firetrap."' He referred to the small
room on the third floor, reached by a
narrow, winding stairway. In which
Juries are lodged when they continue
llielr delilxrations over nisht. Noth
withstanding his objection, tiie Juror wa
obliired to serve.
Thomas Lyonsi a aloon swamper, was
the first witness for the state. While
on the witness stand he appeared to be
very nervous, trembling as he spoke. He
nald he had known Daley for four or
live months before the murder. Ho went
Into Kenny's place on the night of No
vember 16. to find the saloonkeeper en
quired in an argument with Daley over a
bill for S130. Daley insisted, Lyons said,
that Kenny owed the money. Kenny
sald he did not. The witness said Daley
then told Kenny: "If you don't give me
$1.". I'll shoot you and. kill you."
Kenny replied, according to Lyons:
'"You have said that before." and walk
Ins around the bar raised both hands,
md said. "Shoot me. and kill me." With
that. continued the witness. Daley
reached In his back pocket, drew out a
revolver and said: "I will, you old ,"
and shot Kenny once.
But One Eye-Wllncss.
Kenny fell on his back, and a mob
gathered. Lyons said he told them to
stand back and Rive Kenny a little air,
and that the police arrived soon after
ward to take the wounded man to the
station in the patrol wagon. Lyons said
he was the only one present when the
shooting occurred. He said Daley was
not drunk at the time.
John Krickson said the shooting was at
8:30, and that Daley was at his saloon at
9:15. Police Sergeant John A. Goltx said
that he arrested Daley at 9:13 or 9:20 on
tho night of the shooting. W. jj Petrain.
said that he talked with Kenny before
he died, and that Kenny said Harry
Daley shot him after making a threat.
Other witnesses for the etate were Kd
ward Burke. David J-ong, of the Hol
mnn Vndertaklng Company, John A.
Duffy, a nephew of Kenny, Dr. V. R.
Coffnian, Dr. K. H. Parker, J. J. Dun
ning. W. J. Porter and N. J. Sunder
Fard. The latter said he was standing
in front of the Kenny saloon about 8:..
heard the pistol shots, and went into the
saloon. He said he had known Daley
about three weeks, but that Daley did
not speak, leaving the place at once.
Dnlej- on the Stand.
Daley testified in his own behalf that
he was injured about the head a year
ago. He was standing at the ferry slip
when the steamer Mackinaw raugut the
Mason's cable. This swung across the
slip, breaking Daley's leg, and rebound
ing, hit him on the head. He was taken
to the Good Samaritan Hospital for
treatment. Daley said on the witness
tand that he is unable now to remember
the details of the shooting, some of
which he told at the Police Station after
his arrest.
Oglesby Young told of a libel suit
against the Mackinaw now pending in
the United States Circuit Court. He
said Daley "pestered'' him about it until
he took Daley to Attorneys Stevenson
and Ixignn about the case.
R. V. Patterson said he met Daley in
a. saloon early in November. Daley
wanted to know how the case was getting
on. and said: "They will get some re
sults out of that case pretty soon, or I
will ret results." With that, Patterson
said Daley left the saloon, returning
aoon after, whirling a revolver around
his head, and informing Patterson that
was what he meant when he - referred
to "results." and that he would clean
out not only Patterson, but Judge Wol
verton. John F. Logan, John Stevenson
and Oglesby Young.
Mrs. I B. Miles, for the defense, said
Daley formerly roomed at her house. 61
North Ninth street. She said he asked
her several times If he had made any
disturbance the night before, that his
memory would not serve him until morn
ing. She said that once he did not re
member whether or not he asked her for
an alarm clock which he borrowed, and
Ht another time said he fell In the dark
ness, but did not remember having gotten
up. or having entered the house. She
said he informed her several times that
he was an educated man, that he was a
lawyer, but had been disbarred.
It is probable that the case will go to
the jury tonight or tomorrow morning.
Tho Jury is as follows: J. v. Burk, W.
H. Coldwell. John W. Campbell, M. o!
Faulk. T. J. Cofer. Carl A. Carlson,
Clarence. Fanoer, Alonzo Perkins, Dave
Allen. B. A. Bamford, H. G. Chlckering
and E. M. Lance. Deputy District At
torneys Page and Mosessohn are con
ducting the prosecution, while Attorneys
John Stevenson and Lester W. Hum
phreys are defending Daley.
low it and AvniGirr are sued
Promoters of Golden Eagle) Bubble
Accused of Fraud by Bank.
Charging that Gus A Lowlt and
Charles Wright conspired to defraud
the creditors of the Golden Eagle Dry
Goods Company, W. C Benbow has
brought suit against them In the
Circuit Court. One of the large cred
itots. whose claim was assigned to
Benbow. is the Oregon Trust & Savings
Bank. Benbow asks judgment both
for the bank and for other creditors
similarly situated who have agreed to
bear part of the expense of litigation.
The London Clothing Company was
in existence from September 12. 18S
until May 23. 1906. Benbow's com
plaint alleges that it was insolvent in
1905, the assets after March. 1906. not
amounting to more than one-fourth of
the liabilities.
. On Mav -'3. 1906. according to the
complaint filed yesterday, the capital
stock was Increased from 230 shares
to 500 shares, at 1100 each, and the
liame of the corporation changed to
the Golden Kagle Dry Goods Company.
Lowlt and Wright, it is alleged, were
the original incorporators, sharehold
ers, directors and officers of the Lon
don company, C. A. Maney holding but
one share.
Between September II, 1905 and
March 7. 1S0T, the corporation is al
leged to have borrowed from the Ore
gon Trust & Savings Bank $101,638.01.
which claim, less 23 per cent, was
transferred to Benbow for collection.
He Instituted suit in the Circuit Court
to recover $S2.561. This went by de
fault. But the Sheriff was unable to
find any property of the corporation
upon which to levy an attachment. Al
though insolvent September 12. 1903,
the corporation continued to do busi
ness, until the indebtedness had been
Increased, it is alleged, to $225,000 on
March 7. 1907.
The Lowlt-Wrlght alleged conspira
cy occurred January 1. 190S. Wright
was to make a pretended transfer of
all his stock, it Is asserted, to the com
pany. This was to be received by the
corporation as treasury stock. Then
the funds of the corporation were to
be handed out in currency form to
Wright, to the amount of J17.730. Ben
bow asks that the stock sale. and
Wright's resignation as an officer of
the corporation, be declared void.
Further crooked business is alleged
in the failure of Wright to pay but
15400 on 250 shares of stock, leaving
a balance of 119.600 still due. It is
charged that Lowlt and Wright repre
sented to their creditors that the stock
was fully paid up. and that on this
showing crertltwas extended to the
amount of $50,000. These creditors
have been damaged $40,000, It is as
serted. The specific amounts demanded by
Benbow are $19,600. and $17,750, be
sides the setting aside of the Wright
stock transfer.
ILK IN COLD GHAY DAWN
AGED MAX, OX ALTO RIDE,
LOSES MONEY AND FRIEXDS.
Victim Tramps Into City, Lays Coin-
paint and Gels All His
Money Back.
Ditched by a party of fast friends who
had taken him out automobiling and en
tertained him as long as his money
lasted, a middle-aged man named
Macrum. living at Mount Scott, was
forced to walk from a point near Llnnton
Into Portland, during the early hours of
yesterday morning. He reached the city
at sunrise, wet to the knees, covered with
mud and nearly frozen and exhausted. Al
though he had $400 when he started out
in the automobile, he had just 15 cents
when he walked back.
Going direct to the Polica Station,
Macrum formally charged this mistreat
ment to Charley Mays, keeper of a sa
loon at Front and Main streets, and also
accused Mays of having robbed him.
with the aid of two attractive but flashy
women. Mays was taken into custody,
although he denied the accusation.
Macrum insisted on signing a complaint
and as Mays was being escorted to the
District Attorney's office by a policeman,
he said he would rather pay the $4(0 than
have any trouble. The case was. pre
sented before Deputy District Attorney
Hennessy, who was on the point of Is
suing a complaint when Mays told
Macrum he would settle and Macrum
then refused to prosecute.
Macrum. In telling his story of the
fleecing, said he effected a real estate
deal with his brother in which they made
$S00. He took his share and, after cross
ing the Madison-street bridce. dropped in
at Mays" place for a few drinks. Mays
took him into a rear room, he said, and
introduced him to a couple of women
At 1 o'clock they got an automobile and
drove to Cliff Inn. a notorious place of
revelry on the Llnnton road. Macrum said
he was a good fellow and the lion of the
evening until his money was gone. Then
they ran him down the road and put him
out of the machine. He said he remem
bered loaning Mays $273 at one clip.
Mays denied having taken the man's
money. He said the party was pro
ceeding from the Cliff Inn further down
the road when Macrum Insisted on going
back to town. As the others were not
of the same mind as Macrum about re
turning, they let him get out and walk
back.
Warrant for Doctor.
As a result of failing to appear in the
Municipal Court for trial on a charge of
practicing medicine without a city license.
Dr. Marie D. Equl is to be arrested on a
bench warrant, issued yesterday and re
turnable immediately. She is ordered to
appear and show cause why she should
not be punished for contempt of court.
Dr. Equi's arrest on the first charge oc
curred several weeks ago. and although
the case has been on the city docket sev
eral times, she has failed to put in en
appearance for hearing.
BAD COLLISION AVERTED
Streetcar Almost Runs Into Hose
Wagon Answering Fire Wlarm.
While Hose Company No. 1 was re
sponding to an alarm at 710 Kearney
street, yesterday morning. It was nearly
run into by a streetcar at Third street at
Pine. Although the clanging of fire bells
could be heard several blocks, an 9 car
kept on up the street at not less than 13
miles an hour.
Only the drawing of the fire horses
back on their haunches saved a serious
collision with the foremost wagon. As it
was. the pole struck the streetcar and
gouged the paint off for a space of ten
feet.
Several accidents have already been oc
casioned by the practice of streetcars con
tinuing while fire alarms are being an
swered. Several months ago a fine team
of grays was put out of commission and
a fireman was permanently injured, the
accident in that instance being on the
same line. In nearly all large cities, it
is pointed out, the law requires the street
cars to stop the minute an alarm sounds.
Such a system is now in effect in Seat
tle. -
The fire proved of no consequence, an
overheated furnace having eet fire to
woodwork, a pint of water serving to
put it out.
BLANKETS NEEDED NOW
The place par excellence for buying
blankets 1s the Brownsville Woolen Mill
Store, Third and Stark sts. All kinds
white, gray, mottled, tan sale at mill
prices.
Tomorrow snd Monday last days for
discount on East Side gas bills. Don't
overlook gas appliance sale,
FINCH TRIAL TODAY
Murderer of Ralph B. Fisher
Will Face Jury.
CASE EXPEDITED BY COURT
Strong Prosecution Prepared by
District Attorney Little Delay
Expeclcd in Selection of
Jurors Witnesses Called.
James A. Finch, murderer of Ralph
Fisher, will be placed on trial for his life
In the State Circuit Court, this morning.
This is the first murder case in several
years to be brought to trial within a
mont from the date of the crime.
Subpenas are all out for the witnesses
to be introduced by state and defense,
and all preparations are made for a vig
orous prosecution of Fisher's assassin.
District Attorney Cameron will direct the
prosecution, and assisting him will be his
chief deputy, J. J. Fitzgerald, known as
one of the most successful prosecuting at
torneys In the West. Ex-Deputy District
Attorney A. C. Spencer, a prosecutor of
wide experience and marked ability, will
appear as special rirosecutor. The state
wiil aim to show tjjat Finch shot Fisher
in a cold-blooded, deliberate and premed
itated manner: that there was no excuse
or justification for the crime; that it was
the result of Finch's malignant hatred
of Fisher, a hatred aroused , merely be
cause the victim. In his capacity as prose
cutor of the Multnomah Bar Association,
pushed disbarment proceedings against
the assassin. Witnesses will be produced
to .show that Finch was entirely sane at
the time. In short, it Is believed that
every aventie of escape has been closed
to Finch and that he will pay the penalty
of his crime on the gallows before another
six months have passed.
Self-defense Is to figure in the Finch
side of the case. The murderer's law-
ers. Piggott. Lord and Holcomb, have
located several persons who. It is alleged,
will testify to having seen Finch in a
struggle with Fisher just previous to the
fatal shooting. This testimony will be
most vigorously assailed by the state. The
murder was seen by Miss Verna Burk
hart. Fisher's stenographer, who Is sure
that the assassin walked into Fisher's
room and fired at once, and without
warning. Just to .what degree the In
sanity plea will be interposed remains to
he seen.
The-selection of a trial Judge will 'be
determined this morning. As the other
trial Judges are occupied with running
taw.', the hearing of the Finch case will
fall to Judge Cleland or Judge Bronaugh.
and It is more than likely that Judge
Cleland will be designated ' by Presiding
Judge Gantenbeln.
The securing of a jury will be taken up
the first thing this morning. If there Is
any great delay in securing the Jury it
will be occasioned by the defense, as the
prosecuting - officers say they would be
willing to trust the case to nearly any
12 men.
REVIVAL OF ELKS' DANCES
Local Clubmen Will Hold Series of
Entertainments.
Portland lodge of Elks has appointed a
committee consisting of Colonel Charles
K. McDonell, chairman; C. C. Bradlev,
T. L. Perkins. W. I. Harris. H. Politz.
E. A. Krull and Guy Haines to make all
arrangements for reviving a series of
dances under the auspices of the organi
zation.
When the lodge occupied quarters in
the Marquam building, before the present
clubhouse was erected, dances were held
at intervals through the Winter, which
are remembered by older members with
so much satisfaction that it was decided
to undertake another series this vear,
The first dance is to he given at Mur-
Jark Hall. Twenty-third and Washing
i on streets, on the evening of December
-'. J he affair is to be a strictly in
vitational one, and is expected to be
made a success through the co-opera-
tion ot the feminine members of Elks
families.
A movement is under way in Medford
to establish an Elks lodge at that nlace.
There are about 50 Elks now residing in
that part of the state, which is consid
ered a fair nucleus for building up a
separate lodge. Correspondence has been
opened with representatives of the grand
lodge with a view to getting the movo
ment approved. It is reported that mem
bers of the organization residing a
Marshfleld also are taking a census of
that city with the hope a sufficient pop
ulation will be shown to enable that
place to get a charter for a lodge. Un
der the Elks' law a town must havo at
least 5000 population to be entitled to a
"barter.
STAMPS HAVE READY SALE
Second Consignment of Charity
Tags Readies Portland.
WJth the arrival Tuesday of the second
consignment of Christmas stamps, the Vis
iting Nurses- Association, which Is in
charge of the distribution, was able to
furnish the various stores and hotels
with supplies, ihe previous consignment
of lOO.Ouo stamps having, been exhausted.
Large numbers of the stamps are being
purchased by . Christmas shoppers to b3
placed on packages transmitted by mail.
Many of the larger business houses are
using the stamps on all mail matter.
The proceeds from the sale of the
stamps is to be used as a fund for a
campaign against tuberculosis. It is con
sidered by the association that the inter
est taken- by the purchases of stamps In
the prevention of this disease Is as Im
portant as is the raising of the funds to
combat it. A total of 200.000 stamps was
sent for In the second request. There is
a demand from many outside cities for
the stamps. They can be had In nearly
all of the large down-town department
stores and smaller establishments, in
cluding hotels and the main postofflce.
ANNOUNCEMENTS.
Thompson s eye glasses give the best
results. Eight years in Portland: two
years in the leading colleges and hos
pitals of Europe. 2d floor Corbett bldg.
Kxpert eye examination free. Glasses
$1.50 and 'Bp. Dr. George Rubensteln, op
tician, 189 3d St., opposite Baker Theater."
F. E. Beach & Co., Pioneer Paint Co,
IS5 First st. Phones Main 1334, A 1334.
D. Chamber & Son, opticians, 321
Morrison, cor. Sixth, are the best.
TOUCH THE' HEARTS
Of the ladies this Christmas by present
ing them beautiful flowers and plants
from the "Up-to-daW floral shop of
Clarke Bros., 2S7 Morrison street, oppo
site Corbett building.
Brilliant -white diamonds, perfect, slight
ly under one-fourth karat. In It-karat
(told mountinRS. only $20 at Uncle Myers',
143 3d, near Alder. .
nwi
SPECIAL!
my
THE FIRST LADY
WHO ENTERS OUR STORE
WILL GET A WALKING COAT
ABSOLUTELY FREE
.SATISFACTION given or your MONEY REFUNDED. All our
work made in Portland, in our own shops Always open for inspection
GET THE HABIT and wear American Gentlemen Clothes - PATRONIZE HOME INDUSTRY
Doors Open at 9 A. M.
SALESMEN WANTED
E
S
POSTMASTER ISSUES WARNING
AS TO SEALING PARCELS.
Charity Stamps, Wrongly Atlaohcd,
May Cause Delay in Delivery
of Packages.
Vncle Sam is In trouble. At least the
postal department of your Uncle Sani
Is. Millions of charitable people are
using the mails these days for sending
Christmas packages, and the Christma:!
stamp issued by the Red Cross Society
Is at the bottom of all the trouble. Mil
lions upon millions of these stamps are
being daily used over the country, and
unless there is some departmental len
iency forthcoming many a present will
be held up until the people to whom It
is sent pay into the coffers of Uncle
Sam the extra postage demanded.
The trouble lies in the not infrequent
attaching of Christmas stamps to pack
ages in such a way as to make the mail
frst-class when it was formerly fourth-
class. Placing the stamps as seals over
the open edges of paper in which par
cels are wrapped will do this, as also
will putting the stamps over string.
Uncle Sam has several kinds of mail
matter, first and second class, and oth
er classes. An ordinary package that
does not contain any writing and only
contains merchandise is second-class
matter, and is delivered as such: but
when the little innocent Christmas stamp
Is glued across the string, or across the
edges of the wrapping paper, then it be
comes in the eyes of your all-seeing
Uncle Sam first-class matter, and must
be paid for as such.
Postmaster Minto wants the public
to use care In placing stamps. He Js
sues a warning to the great army of
parcel-sending people to have a care,
especially If they want to have their gifts
reach their, destination without being
Friday Two Days Only Saturday
The best values ever known in the City of Portland
by the BEST TAILORS on the Coast. We are going
to give a. Ladies' Mannish Walking Coat, or either
a Ladies' Storm Skirt, the pattern of which we will
Cut, Trim and Fit
Absolutely Free
with our $45, $50 and $55 Men's Suits, which we have
offered to the kind people of Portland for
These garments are made up of the latest importations, of Blue
Serges, Broadcloth, Unfinished Worsteds, Gunmetal, Grays, and
the popular Greens that are now being worn
GET THE HABIT
GET THE HABIT
GET THE HABIT
NOTICE: For our country orders we will send samples
and self-measuring blanks, for a small deposit
Cor. Sixth and Stark Sts., Portland, Or.
held up by the frowning Government for
additional postage. Put your Christmas
Red Cross stamps on the packages. The
more you use the more money will be
devoted to a worthy cause; but be care
ful where you stick them. Avoid the
strings and the edp:es of the bundles.
EAST SIDE SHOP ENTERED
Burglars Get Assorted Loot in De
partment Store.
Burglars visited the store of Samuel
Kafka, 16 North Grand avenue, corner
of East Burnside street, some time on
Tuesday night, and carried off $100
worth of the finest goods in the store,
packed up in two suitcases. The rob
bery was not discovered until early
yesterday morning, when Mr. Kafka
opened the store for the das'. He
found that the place had been ran
sacked and 'left In a disordered condi
tion. Kxamination showed that the thieves
had exercised discrimination in select
ing their loot. This consisted of sus
penders, shoes, underwear, silk waists
and umbrellas. It is believed that the
thieves were familiar with the build
lnc as entrance had been effected from
the basement of a rooming-house ad
joining, which occupies the upper part
of the same structure. The basement
of the rooming-house and that of the
store were separated only by a thin
board partition. A few boards had been
pried off and the trapdoor leading from
the basement into' the store, and braced
from above, had been forced with a
jimmy. Detective Price is making an
Investigation. Mr. Kafka learned last
night from a neighbor that one man
had been seen emerging from the hall
way of the rooming-house last night
with two suitcases. This Information,
together with a description of the man,
has been given the police.
HIHsboro Young Woman Dies.
HIII.SBORO. Or.. Dec. 17. (Special.)
Miss Maud Alexander, daughter of the
late. James Alexander, of Portland, and
Mrs. .Charles Koontz, of this city, died
1L liilJllJ o 1L iiiJJlO o
SPECIAL! SPE
Be
at the family home in this city at noon
today, after a long illness due to tuber
culosis. Miss Alexander was born July
26, 1SS6. For some months prior to her
last illness she was deputy postmistress
in Hillsboro. Her mother and two
brothers, George Alexander, of Portland,
and Chester Alexander, a fireman on the
Pacific Railway & Navigation Railway,
survive.
DR. W. A. WISE
We can tupply you with bridges without
plates that will be perfectly firm, look aj
well as the natural teeta and chew your
food perfectly.
THE DR. WISE SYSTEM,
perfected during 21 years' active practice
In Portland, guarantee you unrivaled rd
ulU In all branches of the dental pro
fession. Plates that fit perfectly and that
wont come loose, absolutely painless extrac
tions, scientific porcelain and inlfcy work, all
performed by specialists f stanulnic In the
profession. Tour work done In a day if
desired.
WISE DENTAL CO., IC.
Dr. W. A. Wise. Mgr.. 21 years In Fort
land. 6econd floor. Failing bldg.. Third and
Washington streets. Office hours. 8 A. M.
to 8 P. M. Sundays, 9 to 1 P. 11. Palnleaa
extracting, COc; plates, J5 up. Phon- A
and Main 2020.
""V"-
iJi J "
v -MS- $ ;
; 1 V - '
GIAL!
THE FIRST GENT
WHO ENTERS OUR STORE
WILL GET A SUIT
ABSOLUTELY FREE
ailors
Doors Closed 9 P. M.
SALESMEN WANTED
CHRISTMAS
PIANOS
What would afford you more pleas
ure in your home Christmas day inun
music and story and song? Music gives
to thf home life an atmosphere which
nothing else can supply. Tour children
will be better, brighter, happier if they
sing and plav. Mother and father will
likewise be heppier. Music Indued hai
charms power to drive . "dull earn
away." We suggest a piano, a player
piano or a Victor Talking Machine,
for a Christinas present for the whole
family. A new piano will find Its way
to your home if you will bring us but
110 cash: a piayer pianu n !
us $25 cash; a Victor talking machine
if you pav only JB cash and II per
week. why should you be without
music this Christmas day and all the
days of 1909?
This i. a personal Invitation for you
to call to see and hear our pianos and
Victor talking machines.
STEI.WAT AND OTHER PIANOS.
Sherman-Clay & Go.
OPPOSITE FOSTOFFICK, SIXTH AJfBk,
MORRISON.
i