Morning Oregonian., December 19, 1908, Page 10, Image 10

""TTE MORXIXG OREGOXIAN. SATURDAY, DECEMBER 19, 1903.
lo
SEEK HOLDUP MEN
NEAR HOOD RIVER
Scene of Search for Clews Is
Transferred to Point Far
East of City.
POLICE LAUGH AT EFFORTS
Local Sleuths Sj Cluinoe for Dep
uties to Make Good Has Come.
Suspects Arrested, bat Are Un
identified by Trainmen.
Though Innumerable clew have been
discovered and suggested. nna- those most
plausible followed through an lntermln
able male of details, neither deputy
sheriffs nor railway detectives have suc
ceeded In finding an encouraging link In
the search for the robbers who held up
the O. R. & N. train east of the city
Thursday night.
The scene of the search has been
shifted temporarily to Hood River by
the railway detectives, while deputy
sheriffs continue to. search the city an'
surrounding country. It was at Hood
Klver. it is believed, that the three
holdup men boarded the train. Special
Aaents AVood and Fitzgerald went to
that place yesterday In the hope of find
ing a clew upon which they might work.
An Interesting feature in connection
with the search is its practical aban
donment by the police. With the excep
tlon of one or two detectives, who are
devoting little or no time to the cane.
the entire force ha abandoned the
search.
"We've our hands full looking .after
Portland, said one of the city detect
ives. "These railway detectives, who
have been standing on the corners
knocking our department, now have a
chance to show what they can do.
They've been faying: 'We could catch
those fellows if we wanted them, but as
long as they let our railroad alone they
may do as they please.'
Police Not Interested.
"Now we say that as long fui they let
our Portland alone these highwaymen
may do as they please. We've got our
hands full right here in the city, but
of course we would render all assist
ance we could. But from the talk of
the 'fly' railroad detectives they don't
need any help. So we'll see what they
can do."
Two suspects were arrested at Fair
view yesterday morning by Deputy Sher
iffs Beatty and Leonard. However, after
n rigid examination, according to Sher
iff Stevens, it Is not believed they were
implicated in the robbery. They will
be held pending a further investigation.
The men gave their names as Ervin
Winn and Walter Grittner. Each was
armed with, a 38-callber revolver, many
rounds of ammunition, a bottle of poi
son and other suspicious articles. They
were brought to the city and taken be
fore H. V". Vanderhoof. the tramp who
was riding on the engine when the train
was held up. He failed to identify them,
although he claimed to be able to rec
ognize any of the three men who were
implicated.
It Is claimed that there is reason to
believe the crime was done by the same
gang that looted tlie Oriental Limited
train on the Great Northern, near Spo
kane. December 9. In that connection,
it Is said, there are reasons for ascer
taining the whereabouts of two con
victs who were recently released from
the Oregon State Penitentiary. So far
as is known these two men have never
been involved in a train robbery, but
are said to be experts in the use of ex
plosives, especially nitroglycerin. It
was only through their use of nitro
glycerin that the robbers secured en
trance into the express-car.
Suspect Ex-Com-lets.
These tws men were suspected in con
nection with the holdup of the Great
Xorthern train, near Spokane, and of
ficers are said to have been trying- to
locate them since that time. The Bearch
for the two suspects has been renewed In
earnest by local officials since the O. R.
& N. holdup.
Excellent descriptions of the robbers
were provided the fticers, not only by
rho engineer and firemen, but by the
tramp who was riding on the engine. In
addition to the descriptions, the officers
found a rubber topcoat near the scene
of tiie crime Thursday night. It had
either been lost or thrown away by one
of the robbers in their flight. A dark
slouch hat was also found near the
cene. On the inside band were the
initials -J. A. S."
Both articles are regarded as im
portant cl-'ws to establish the fact that
the owners of the articles were at the
Fc.ne, if they are apprehended. How
ever, they offer little encouragement to
wards bringing about sn arrest.
Rewards of flow) each have been off-red
by official of the O. R. & N. Com
pany for. the capture of the criminals.
As yet no reward has been announced
by officials of the Pacific Express Com
pany, which was the owner of the safe
that was rifld. Nor has- tt been an
nounced by officials of the Pacifio Ex
press Compnnv whether or not Express
Messenger Huff will be rewarded for his
bravery. Such action. If It Is taken, will
le announced from the office of the gen
eral superintendent In St. Louts.
Deputy Sheriffs Leonard and Beatty,
with special agents of the O. R. & N-,
went to Hood River yesterday to con
tinue the search. With them are several
Plnkerton detectives. Conductor Dunn
Mated to the officers tluU. as the train
was about to pull out of Hood River
lie saw a man lurking near the engine
tender, apparently preparing to climb on
as the train started. It was too late
for the conductor o atop the train, bat
he thinks It was this man with his two
companions who were the onee who
afterward held up the train near Port
land. The man is said to have been
carrying a small handsatchel.
Agent ITas Narrow Escape
It was only by the merest accident that
J. D. Burch. route agent of the Pacifio
Express Company, waa not In the express-car
with Messenger Huff when It
was held up. Mr. Burch waa coming to
Portland from Baker City.
As the train neared Portland, he arose
from his seat in the rear of the train and
started forward to enter the express-car.
In the car Immediately behind the express-car
he met a friend and stopped to
hake hands and talk with him. It was
while so engaged that the train was cut
In two.
There were eight packages secured by
the robbers from the safe in the express
car, according to Manager Beckwlth, of
the local Pacific repress Company's of
fice. The total value of the goods lost,
he says, is not more than JTflO. Included
In the stolen packages were three dia
mond rings being shipped from New
York City to a local liquor bouse.
VERT LIKE FORMER HOLD-CP
Outbound Train Kobbed Near Same
Spot Eleven Tears Ago.
In 1897 a -holdup-wary, similax-in. detail.
to the one Thursday night, took place
on the O. R. & N. tracks lust beyond
Sullivans Gulch, a short distance be
yond the scene of the latest crime.
An out-going passenger was held up.
The crime was committed Saturday night,
and on the following day Detectives
Maher and Riley captured Jackson and
Wllklns in a house at Seventh and
Stark streets, where the Oregon Hotel Is
now located. Jackson and Wllklns were
convicted and sentenced by the late
Judge 8ears to 30 years' imprisonment.
MAY GIVE REWARD LATER
Express Company to Consider All
Aspects of Case.
ST. LOUIS, Mo., Dec. IS. (Special.) The
matter of a reward for Messenger Huff
will not be considered until the arrival
of more definite information from the
superintendent of the western division
of the Pacific Express Company at Salt
Lake City, according to a statement
made tonight to The Oregonian corres
pondent by John T. Daniel, assistant
general superintendent. Frederick C.
O. If. Huff, the Plucky Express
7 Mfunm Who Saved Packages
i of Money at Thursday Klghi
it's I
f Train Robbery.
Gentsch, general superintendent, now on
a train somewhere between New York
and St. Louis, Is expected by Daniel
to reach St. Louis tomorrow.
"It Mr. Gentsch were here tonight he
could not tell you anything more than
I can." said Daniel. "Our first official
information of the hold-up came at noon
today, and that was very vague. Mr.
Gentsch will receive a report containing
sufficient detail to enable us to consider
Intelligently the questlsn of -whether
Messenger Huff has rendered a service
meriting reward."
WHAT THE MARKETS OFFER
BY LILIAN TINGLE.
CHRISTMAS displays are the feature
of the week In meat, fish and fruit
markets, as well as in the department
and other stores that are the scenes of
the daily exciting performances of the
"Christmas-shopping" drama. Turkeys,
geese, chickens and ducks hang In sacri
ficial rows, and there are sirloins and
ribs of Christmas beef, saddles of mut
ton, quarters of lamb, roasts of pork and
veal, and an array of all sorts of good
things to eat. which, so far as descrip
tion goes, could only be adequately
treated by the pen of a Dickens, though
the knives and forks of mere ordinary
mortals will suffice to do them justice
in a practical way.
Turkeys are still high In price and wiil
probably cost 30 cents a pound for
Christmas dinners; but the quality of
the birds Is superior to that shown for
Thanksgiving. Chickens cost 18 to -'0
cents a pound, broilers and ducks 25
cents, and domestic geese 20 cents. Snloe
are to be had at about 76 cents a pair.
and wild geese 60 to 75 cents each.
The first catch of Royal Chinook Sal
mon is In, and there are splendid fish
displayed at 40 to 76 cents a pound.
Steelhead salmon Is also good at 16 cents.
Columbia River smelt are more plentiful
and are to be had at a reasonable
price. Sea trout are in again at 25
cents, and red snapper or rock cod at
the same price. Nearer Christmas there,
will probably be a supply of Eastern
whitefish, blueflsh. lobsters, oysters and
scallops. Fresh herring are particularly
large and good Just now. at 10 to 16
cents a pound. Other available nsh are
striped bass. iS cents; sririmps, 15 to 20
cents; shad, catfish, sole and croppies.
15 cents; halibut, tomcod. California
smelt. 12fe cents; salt water smelt, perch
and flounder, 10 cents a pound. Lob
sters, crabs, oysters and mussels are
to be had aa usual, but clams are in
clined to be scarce on account of the
cold weather, and frog-legs were not to
be had when I inquired for them.
Cured fish of all kinds, native and
foreign, are conspicuous at this season.
New Norwegian stock fish, smoked stur
geon and salmon. Finnnan haddie salt
mackerel big and little: herring salted,
smoked and pickled: flaked codfish, and
other "preserved sea fruit" offer a va
riety of tasty snacks, "savories," relishes
and breakfast dishes that are often very
acceptable, especially when "eggs is
eggs." Eggs, however, are inclined to
be slightly lower In price just now.
though the lower price is not as low as
could be wished for by the economically
minded housewife.
There 4s a good variety of vegetables.
the prices being about the same as last
week. The list Includes green peas,
beans and peppers, hothouse cucumbers.
egg-plant, tomatoes and lettuce, Brus
sels sprouts, savoys, kale, cauliflower,
red and white cabbage, Rpinach. chicory
and watercress, leeks, onions and shal
lots, celery, both the large and heart
kind and cerelac; Hubbard, cream and
Spanish squash, carrots, turnips, ruta
bagas, radishes, beets, parsnips and oys
ter plant, French artichokes and mush
room. Japanese and tangerine oranges
are conspicuous this week and are use
ful for Christmas tree decorations.
petit brules" and snapdragons. The
tangerines are about 15 cents a pound,
the Japanese 65c to $1 a box. Other or
anges cost from 25 to 60 cents a dozen.
There are very good grape-fruit at 8,
10 and 124 cents each, including a new
Imported variety that has the color of an
orange, the taste of a grape-fruit and a
shape all its own. Cranberries are about
20 cents a quart and excellent in qual
ity. This, however, can hardly be said
of huckleberries at 12V cent a pound.
Strawberries are about 30 cents. Grapes
post 60 to 76 cents a box. pineapples 50
to 75 cents each, pears lo to 2j cents a
docen and persimmons 5 cents each.
There are very choice dried fruits.
cluster raisins, figs, dates and prunes in
attractive packages at fancy prices, as
well as the usual cheaper kinds, and
plenty of nuts of all sorts and sires.
You can't have a proper Christmas with
out nuts. The bakeries, both "home"
and otherwise, are busy just now; and
there Is a fine show of fruitcake, plum
puddings, Scotch shortbread, German
Lebkuchen. both domestic and imported,
sprlngerlle. auflauf, pfeffernusse and
other dainties of the Vaterland. Im
ported Norwegian honey cakes. English
biscuits in fancy tins. Danish rye cakes
and French macaroons represent the
claims of other countries; and there
seems to be plenty of mincemeat and
pumpkins tor those woo prefer native
sweetmeats.
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rN0 DELAY ALLOWED
IF! FINCH TRIAL
Six Jurors' Already Selected
to Determine Lawyer's
Guilt of Murder.
WILL PLEAD SELF-DEFENSE
Lawyers for Defense Express Oonfl'
dence of Acquittal, While Prose
cution Is Equally Sure of Con
viction and Rapid Trial.
SIX JURORS SELECTED.
Thn alx Jurors accepted yesterday
to try Junes A. pinch for hit life,
are: W. B. Abbett. tinner: E. E.
Hawes, azrnt road machinery; J. W.
Da.vis. streetcar conductor; W. E.
Charlton, dairyman; 8. I. Ogden,
farmer; Robert Service, farmer.
ta- a irinnh murderer of Ralph B
Fisher, was placed on trial in the State
Circuit Court yesterday, n ii""
clear that in the light against over
whelming odds which hemust make for
his life he will aepena wmioi en
tirely on the plea of self-defense. There
was no Intimation yesieruay in uic ex
amination of talesmen that Insanity will
figure in any way In the trial.
With only Verna Burkhart. Fisher s
stenographer, as a witness of the crime,
. i- i..-nAH frnm an tnd lsnutable source
that Finch will endeavor to set up that
Fisher assailed him, ana mat. ne nreu
. hi. life And for this pur
pose Finch has succeeded in getting no
less than two witnesses wno uiim
have witnessed a desperate struggle be
tween the two men from the street be
low. It is known that all such testi
mony is to be most vigorously assailed
by the" state.
Progress on Jury.
Six of the jurors who will decide
whether or not Finch is entitled to a
further lease of life were secured yes
terday, considerable progress being made
at the afternoon session. Finch and his
lawvers made it plain that they want
jurors who have not read the press com
ments on Finch's crime. A preference
was shown for Jurors living outside the
city. But no juror who has read and
talked about the assassination of Fisher
need apply, no matter how fair 'and un
biased he may declare himself to be.
c-ih ,, ulrejirtv used un two of his
allotment of 13 peremptory challenges
on talesmen who Beemed to have shown
previous Interest In the caEe.
On the other hand the prosecution Is
paying less attention to the Jury, being
careful onlv to exclude radicals find per
sonal friends of .Finch and of Finch's
relatives and lawyers.- The state has a
confident attitude as to the. outcome of
the trial, and the prosecuting officers in
sist that there is no way in which Finch
can break down the great bulk of di
rect evidence and escape the gallows.
Seek Many Delays.
Seizing upon every technicality which
the law affords. Finch and his quartet of,
lawyers, Messrs. Lord. Piggott, Holcom'o
and Campbell, occupied nearly all of the
forenoon session of court in futile mo
tions to dismiss or delay the case. The
Indictment on which F.inch Is held was
attacked from several different points.
The failure of the court and Its offi
cers to serve "W. C. Piggott with a sub
pena was made the basis of an appeal
for postponement, it being contended
that this particular Piggott,. nephew of
the Piggott now appearing in the case,
is a most important witness in the case.
By him it is intended to prove that
Finch bought a revolver an hour before
he shot Fisher for the sole purpose of
protecting himself from burglars, who
had been haunting the Finch home for
several nights.
Falling to accomplish anything by
these technical obstructions to the prog
ress of the case. Finch's lawyers dropped
the campaign of motions to dismiss, and
permitted the examination of talesmen to
proceed. ...
Finch sat all day occupied In the
legal aspects of the case. He took
copious notes on tlio remarks of tales
men, consulted a law book now and
then, and was continually making sug
gestions 'to his attorneys. He was
clean-Bhaven, neatly-dressed and there
waa nothing- in either his appearance
or conduct to mark htm as the princi
pal In a murder that shocked and hor
rified the entire city less than a month
ago.
Finch Picks Jurors.
Once during: the afternoon he In
sisted on the acceptance of a juror who
was In doubt by his coterie of attor
neys. This man, J. W. Davis, a street
car conductor, said he had heard his
passengers discussing; the case,, but had
not read the press accounts. Davis
was sure he could act fairly in the
trial of the case, but Finch's lawyers
were reluctant about accepting him.
"He is all right; accept that man,
quick." Finch whispered with a ges
ture of finality, and his order was fol
lowed at once. He likewise caused
the dismissal Of Theodore Brugger
from the Jury. Brugger proved to
have had a great deal of interest in
the case, but he was positive about
being fair and unprejudiced. But Finch
w-as suspicious, and Insisted that one
of the 12 peremptory challenges be
used on Brugger. after Judge Bro
naugh refused to excuse the talesman
for cause.
It Is believed that the jury can be
completed without difficulty today, un
less the defense adopts a new and
more elaborate course in the examina
tion of talesmen. It Is even possible
that the opening statements of the case
can be disposed of today, thus leaving
the Introduction of testimony for next
week.
Case AVtll Be Pushed.
It Is not Intended to let the case drag
unnecessarily. The state's testimony
is all direct, and there is no doubt as
to the killing having been done by
Finch. The chief hitch is likely to
occur when witnesses are put on the
stand to tell of an alleged struggle
between murderer and victim; for any
such testimony will not only be as
sailed, but the credibility of the wit
nesses will be questioned.
Less than a dozen witnesses will be
put on the stand by Messrs. Cameron,
Fitzgerald and Spencer, who are wag
ing the battle for conviction. The wit
nesses for the defense will be even
fewer. It Is now said. It Is said by
the various attorneys In the case that
the jury should go out by next Thurs
day forenoon at the latest.
Cameron Confident.
"The jury will ' not remain out 20
minutes before convicting the man."
said District Attorney Cameron. "He
cannot escape the gallows."
"Despite the clraumatanoe that public
opinion Is against Finch, there remains
the fact that the real facts tn me case
will cause a revulsion of feeling and re
sult in Finch's acquittal within 80 min
utes from the time the Jury retires,"
said the prisoner's lawyers, unanimously.
From the examination of talesmen It
developed that there is wide public
feeling regarding the Fisher murder,
and several talesmen said plainly that
they were prejudiced against the de
fendant. A. G. Day, a Morrison
street restaurant-keeper, said clearly
that he didn't want to sit on the jury,
and that he had formed opinions
which were not to. the best interests of
Finch. E. L. Dixon, a carpenter, was
of a similar frame of mind, and half a
dozen talesmen admitted that they . had
opinions prejudicial to the defendant.
"I believe the man Is guilty," was
the statement volunteered by R. A.
Bates, an advertising man. He added
that he did not believe in capital pun
ishment and his release from service
was readily acceped by both sides. M.
Burns, living at Cleone, had opinions
regarding Finch which he said consid
erable evidence would be required to
remove.
Want Case Continued.
Immediately upon the assigning of
the trial of the case to Judge Bro
naugh and the taking up of trial.
Finch s attempt to secure a delay was
taken up. It was contended that the
defense had not had sufficient time in
which to fully prepare Its case, and
It was further set out that time was
needed to get absent witnesses here.
The motion being ruled down, it was
then asked that the arraignment and
plea be set aside because no certified
copy of the indictment had been served
upon Finch. This being denied, It was
asked that the Indictment be set aside
because of not stating that it was
concurred in by five grand Jurors or
that the jury was regularly empan
neled.
The next motion was to throw the
case out because the Indictment had
been further mixed in preparation, but
this, too. was promptly ruled down
and the examination of prospective
jurors then proceeded.
The first talisman called, W. S. Ab
bett. was accepted, as a juror. His
examination was lengthy and search
ing. He said he had not read much
about the case, had not discussed it
with anyone, had formed no opinion,
knew nobody connected with the af
fair, and was sure he could act in an
impartial manner.
Theodore .Brugger, the second talis
man, proved a bone of contention, for
he had read the accounts and talked
of the case. After trying every possible
method of having Brugger excused for
cause, the defense used its first per
emptory challenge on him. Adjourn
ment for noon then occurred.
Afternoon Session. '
E. E. Howes, the first talisman at
the afternoon session, proved an ex-
Finch was suspicious concerning him
lor a ttme ana insisted upon a minute
examination. In questioning Howes
of Inquiry, asking him if he read the
press accounts, aiscussca me case wiui
belonged to any Scotch societies of
which District Attorney Cameron is :
member, or If he. had ever been li
nnlfll.a at V .1 11 117 Tl T?nlnh Tl Fisher O
any of' Fisher's relatives, particularly
including inuniHB i.ay, ui Ditin, v. j
P. Kershaw, of Roseburg: or if h
knew any of the attorneys in the case
or had seen a cartoon in The Ore
gonian . relating to a naiisnmu
lows.
T T n .nswurnH these OliestionS
quite satisfactorily. He had not talked
of the case, did not Know any w me
parties named, belonged to no secret
societies, and had formed no opinion.
The state merely Inquired if he had
anycomptinetlons about tiie aeam pen
t Tr rtovlo TiraR nAvt PT.imlnpii and
accepted, after which cnaries a. nana
was called. He didn t want to see uny
Kw, feano-Ari and was excused by the
court. W. E. Charlton qualified and
was accepted. Ji a. nuruicn Humi
fied, but had read too much about
the ease to satisfy the defense and
was challenged.
v t Rnoifier utirt tTnaries 1. uasu
were not believers in hanging, and
were excused by the court. W. H.
Brown, a. storekeeper, had read and
talked about tne case a grcoi uti
... n a ..mtaitil at the instance Of
Finch. Alex Burrell had read all about
the case, but hadn't lormea any
opinions. The state resisted a chal--n.feir.ri
-tvnK sustained bv the
court,' and the defense then lost Bur
rell on a peremptory cnaiienge. an.
Burns and W. A. Cantrill had opinions
c.,1 n.nr. rVl 3 1 Ion ITed hV the FillCh TCp-
rcsentatives, the challenges being sus
tained.
t-0. tha rtase Riiffleed to at-
- a v.1- tVir-nntr of SDectatOTS. and
every seat was occupied all day. Many
persons were turned away. ieanj n
...u ... hanclncr about the cor
ridors when court adjourned, waiting
for a glimpse of the lawyer-murderer,
as he was being taken back to his
steel cage In the County Jail.
Given $367.54 for Decorating.
Although S. A. Grecf did not get to.
. 1 nl..tn. rliu-nratlllf. KTArV Hi. the
H'P llirj mini ivi m.- -
Perkins Hotel, he collected J367.64 for the
work in the State Circuit Court yes
terday. Greef disclosed that he had a
contract for the decorations that called
for $1000. But the Perkins Hotel Com
pany Is said to have broken the contract,
i i.- .1 .hA full nmmint. After
HIIIX lie rucu . ' -1 ' ' ..... -
being out several hours the jury which
heard the case aecinea max ne a emi-
- r.r.llnr.t 3K7 St .Tll.St wtlflt tllO
extra 4 cents is for the Jurors did not
designate In their verdict.
OCEAN IN MIDWINTER.
rkBtm.a s.-r. Trpremher Si. And Nw
Tear's eve, December 31 the S P. M. train
of the Astoria & Columbia River Rail
road will run through to Seaside. This
rill accommodate tnoae wistung to
ipend the holidays at their Summer
ioir.es. Special dinner served at hotels,
.-v... ttr.irr.t o ml nnrlor car reservations
call on city offices. Third and Morrison
streets and 122 Third street.
t stock of fitted bags and
suit cases at Harris' Trunk Co. Note
window display.
Wehfoot Oil Blacking Keeps feet arr.
Makes shoes last- All dealers.
stands for better health the
world over. For more than
30 years it has stood the test
of millions of people. Every
ounce of it improves the gen
eral conditions, increases the
strength, revitalizes and builds
up the whole body. If you
have never taken it, try it now.
ALL DBUGGI8TS
Send thl d.. four cento for postaf e. men
tioninK this paper, and we will end jou a
" Complete Handy Atlas of the World.
SCOTT & BOWNE, 409 Psarl St.. New York
MURDER.ISVERDIGT
Harry ' Daley Found Guilty
After Hour's Deliberation.
INSANITY DOES NOT AVAIL
Attorneys Make Brilliant Pleas, but
Jury Believes Deed Was Premedi
tated First Murder Convic
tion Here in Several Years.
A verdict of murder in the first de
gree was rendered by the jury in the
Daley murder case at 6:15 o'clock last
night, just one hour after J. H. Page,
attorney for the prosecution, had con
cluded his argument. Judge Gantenbein
set the time for sentence for Monday
afternoon at 2 o'clock.
This is the first verdict of murder in
the first degree In Multnomah County
for several years, the la,"t occasion
being the trial of John Guglielmo.
The case was begun Thursday morn
ing. The testimony for the defense was
concluded before noon yesterday. The
prosecution offered witnesses to rebut
the defense's theory of Insanity. Daley
was again called to the stand to testify
that he did not remember having a quar
rel with Kenny, -the deceased, a few
days previous to the ssooting. Mrs.
Miles. Daley's landlady, finished her tes
timony in support of the insanity plea
at the morning session. City Physician
Fred J. Zlegler was called and testified
that Daley had been seriously injured
by being struck with a cable at the
Albina ferry slip about a year ago.
Frank Thompson and William Broyles,
County Jail prisoners, testified that Da
ley has acted Strangely since he was
placed in Jail. The testimony of those
men was offset, however, by that of
Jailers Hunter and Phillips, who said
that they observed nothing unusual
about the actions of the defendant.
D. N. Mosessohn, for the prosecution,
began his argument at 2 o'clock and
devoted his efforts to proving that Daley
was not insane at the ttme of the mur
der and has not been insane at any time;
that the murder was deliberately planned
and executed with full knowledge of the
enormity of the crime. The singular
loss of memory regarding certain inci
dents exhibited by the prisoner wa3
ridiculed by Mr. Mosessohn. who also
referred to the testimony of witnesses
to the shooting that Daley admitted at
the time he shot Kenny that they had
had trouble over money. Mr. Mosessohn
also reviewed the testimony of the wit
nesses for the defense and showed how
weak a basis it offered for the plea of
insanity.
L. W. Humphreys, attorney for the
defense, offered as evidence of insanity
the injury to Daley's head, which City
Physician Zlegler testified might cause
mental derangement. M)r. Humphreys
also referred to the great pain endured
bv the defendant by reason of the in
Jury to his knee received at the same
time. This was offered as an evidence
that intense suffering could contribute
to his irresponsibility." 'While Mr.
Humphreys' plea was well presented, it
failed to appeal to the logic of the jur
ors. Attorney Jorjn H. Stevenson's plea
for the defense also covered thoroughly
all the points In the prisoner's favor, but
likewise did not influence the jury. At
torney J. H. Page, closing the argu
ment for the prosecution, further weak
ened the case for the prisoner, which
had already been dissected by Mr. Moses
sohn. MCST GO TO PENITENTIARY
Caspar Biikenstorfer Gets Sentence
of From One to 15 Years.
An indetermediate sentence of from one
to 15 years in the penltentiarly was the
penalty imposed by Circuit Judge Bro
naugh yesterday afternoon upon Caspar
Biikenstorfer, who killed Charles Heg
burn with a club two months ago.
Sentence was passed Immediately be
fore the taking up of the Finch-Fisher
murder trial, the hour of sentence hav
ing been fixed several days ago. The
proceedings occupied only a few minutes.
In sentencing the man Judge Bronaugli
' viil shPs j3h
mm Mmt ffm
2 igJlP f
it J H " M tl fc3 u JT
n tun
is a food drink for young and old that
pleases the palate strengthens the body
builds up the nerves quickens .the
mind. It instills qualities in young and
old which produce perfect contentment
and perfect health and allows one to give
A Smile All the While
, Ghirardelli's Cocoa is a standard com
bination of the cocoa bean. It is made
with painstaking care and after 50 years
of manufacture stands to-day a perfect
product.
30 cups of ac3eIicious drink 25c
.
rv
-; . !Hxiiiimmiiiiiiim.jiii.iiii mm !''. iiifHl'i-it-'1! nw inunmui. iimi
ioneyman
FOURTH
STORE OPEN EVENINGS
POCKET
KNIVES
10c to $10
GIFTS
FOR
IS & V
GAME
SHEARS
CARVING
SETS
SWEATERS
SCROLL
SAWS
TOOL CHESTS
COASTERS
. TOY
BARROWS
AUTO
MOBILES FOOTBALLS
SKATES
AIR RIFLES
Give HIM a
Gillette Razor
Regular
Triple Silver
and 12 New
Process
Blades in
Case.
$5.00
We Also
Carry a Com
plete Line of
the Combina
tion Sets,
Up to
said he was taking Into consideration
a recommendation of the jury that leni
ence be shown.
Hegburn. the victim, was Blikenstorf
er's closest friend. The two men quar
reled over the care of a team of horses.
Hegburn accused Biikenstorfer of having
neglected two horses left in his care. Bli
kenstofer denied the charge, words
passed and Biikenstorfer seized a club
and struck the other. Inflicting a con-
Christmas Turkeys
Geese, Ducks
Chickens
Order them early in order to get first
choice. You know our price is always
the lowest.
Freuli Kastern and Olyiupla Oysters.
Best Butter, roll 75
Good Butter, roll 70
Eggs, dozen. Io
Smoked Salmon and Bloatera, Salted
Kel. Mackerel, Anchovies and
Herring All New Gooila.
COLUMBIA FISH CO.
Tbird and An ken v.
Phones Main S, A lUlHA.
YouWillAlwaysFind
A Headquarters for
XMAS POULTRY
AT
G. Covach 6 Co.
Fine supply of Turkeys! Ducks, Geese,
Chickens, bvsters and Kish a specialty.
No Cold-Storage Poultry.
PHONES Main 535, A 3535.
27. First street, forner Jefferson.
iraraeiu s
iUlijl.'ilJflMlJulltmmltl!l
Hardware Co.
and ALDER
MANICURE
SETS
$2 to $25
CHAFING
DISHES
COFFEE
MACHINES
SCISSORS
WORK SETS
TABLE
CUTLERY
TEA SETS
STEEL
RANGES
ALUMINUM
COOKING
UTENSILS
cusslon of tho brain which caused im
mediate death. The tragedy occurred tn
front of a stable near lents and Biiken
storfer proceeded feeding and currying
his team until an officer arrived and
arrested him. He was first charged with
first-degree murder but that charge fell
flat, as the crime was not premeditated
and it was shown that Hegburn was the
aererressor in the trouble.
Corn -Fed Turkeys
For Xraas
Chickens, lower.. 15, 16
Fresh Eggs, dozen... .40
Eastern Eggs
Dozen 30 and 35
Creamery Butter
Roll . . .65, 70 and 75
Full Cream Cheese, lb,.17
Best Eastern Hams
15c Lb.
La Grande Creamery
264 Yamhill.
Cocoa
is---!
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