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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 10, 1909)
TUTS 3IORXIXG OREGOXIAX, WEDNESDAY, MARCH lO, 1909. UNWRITTEN LAW COOPER'S DEFENSE Right of Man to Protect His Name From Attack Argued by Defendant's Counsel. STATE'S TACTICS SCORED Ceneral Meeks, in Summing; up for Deren.se, Says Courts Cannot ' Give Adequate Recompense for Character Assault.. KASHVILLH Term.. March 9.-r-General Heeks, of counsel for defense In the trial of the Coopers and Sharpe, charged with SAurderinjr ex-United States Senator Car tnack, today extended the unwritten law to- cover editors who attack private, or public men. "l'ou talk of the liberty of the. press," lie exclaimed, to the Jury.- "Why, gentle 3aen, no man lives who believes more Jirmly in the liberty of the press than I do. But when a man In an editorial position turns the liberty of the press Into license, and undertakes to defame and defile you and your family, what ere you going to do? The prosecution ien you you nave recourse In .the courts. Yes, and you get judgment' for a,uuj against a man not worth the price of a plug of tobacco. Is that satis faction? - Xot First Murder. . "Oh, gentlemen, I tell you the streets of this, our city, have run red before with the blood of men who Improperly Xised other men's names in public prints.'" i: General Meeks, In a five-hour speech.' painted the defendants as the finest types of Southern aristocracy. 'A record-breaking crowd was present to day when General Meeks began the open ing argument for the defense. Meeks has been ill, and at the outset of his remarks ne was scarcely able to stand, and spoke almost Inaudibly. As he warmed up he eaid: "The state has appealed to you to enforce the law. And the state's Idea of enforcing the law " seems to be to convict some one, innocent or guilty. I want to say to you, gentlemen, that never in my life and in a broad prac tice have I seen a witness so shame fully treated as was Colonel Cooper by Captain Fltzhugh. The prosecutor seemed careless as to whether he ac quitted or convicted Colonel Cooper of the murder of Senator Carmack, but he did seem determined to besmirch the witness" character. He accused him of not paying his debts. "What has that to do with the killing of Car mack? He tried to make you believe that Colonel Cooper tried to embezzle funds as Clerk and Master in Chan cery. What has that to do with the killing of Carmack? The whole scheme of the state was not to convict Colonel Cooper of murder, but to disgrace him publicly on his record." Slate's Krforts Denounced, General Meeks denounced the effort of the state to involve, the liberty of the press, but declared that where the liberty of the press was abused by a man who used it to defame a private citizen, It de generated into license. Counsel next read the three editorials introduced by the defense, phrase by phrase and asked the Jury if they could imagine anything more insulting or de grading than these editorials, and con tinued: "The state will say 'go into the courts. Yes and get a Judgment for J25.000 against a man not worth a plug of tobacco. It is perfectly reasonable to believe that Col onel Cooper was angry, that he used vio lent language. And they tell you he is not an example of the old school of chivalry; that he Is not a type of the old Southern gentleman. I say he is. I say he is one of the grandest and bravest men I know." General Meeks then turned his attention to Robin Cooper and recited the efforts Hobin made to prevent the tragedy, de clared that he "touched every button possible." MURDER AND NOT DUEL (Continued From First Page.) the fact that the hunting season Is past, there having been no birds on the place tfor several weeks and poachers have been quite unheard of for some time. However, both Dale and Hlett made several arrests during the Winter and revenge is re garded as not an altogether Impossible motive. Late in the hunting season they held up one poacher and relieved him of his shotgun. It was learned yesterday by Deputy Sheriff Archie Leonard, who spent the day at work -on the case, that Dale and Hlett were together Sunday morning in Tortland, and that they went to the pre serve together, or at least left together in that direction. Dale had been about the ity for several days and his movements tan be accounted for every day excepting iast Friday. He spent Thursday and Sat urday nights at the Rose City rooming house on North Sixth street. ' ' Police Hunt "Carlsam." - "X- Carlsam" is the name signed on the register by a man who is now being looked for by the authorities. This man registered with Dale at The Rose City place and was assigned to the same room. Dale was about Portland until the -early hours of Sunday morning, drinking with a tall, raw-boned man, apparently a Swede. Whether or not this man and Carlsam are the same is not yet known, as the hotel clerk said he saw Dale with three different men and didn't know ju6t which one occupied the room with him. The tall man and Dale were drunk together at 2 o'clock Sunday morning. Deputy Coroner Dunning reports that they were at the Twoomoy saloon, at Sixth and Glisan. late Saturday night, and that the stranger got Dale up and took him for a walk after Dale had been escorted to .a room by Joe Negrone, bar tender at the .Twoomey place, at 1 o'clock Sunday morning. ; Dale May Have Told of "Wealth. It is suggested that Dale may have een reciting his tale of hidden wealth -to some of the wayfarers of his Satur day night debauch and he may have added the explanation that he intended leaving the place for good on Sunday. Knowing he was to quit the preserve rid bellevir.gr he might dig up his supl posed cache before going, it is regarded as not Improbable that someone may have followed him for the purpose of robbery. But a stubborn fact to overcome is that the boat in which it is necessary to cross to the preserve was on the side where the dead men were found. It Is not thought likely that anyone would swim across a neck of the Columbia Slough to escape, when a boat was available to them. It is possible to leave by going; eastward ..through the woods and marshes, but only a" person well-acquainted with the surrounding country would be likely to attempt that route of leaving the preserve, as necks of the slough are woven about in a veritable network throughout the district. When the officers go to the scene the first thing this morning they will take up a detailed search of the whole pre serve. Inquiry will be made at every habitation in the surrounding terri tory, and both the clubhouse and Dale's cabin will be more closely examined. ! The search for the missing shotguns and for Dale's silver watch will occupy the attention of officers detailed espe cially for that branch of the work. An effort wilt be made to establish fully the ownership of the single-barreled shotgun with which Hiett was killed. At this time it is not know where the gun belongs, although It is thought to be the property of Mr. Leadbetter. who is In the Kast. A somewhat similar gun was taken by Dale from a poacher, but that weapon was turned over to the authori ties at the time. Doctors' Give Opinion. "There Is no doubt in my mind but that Hiett's death resulted instantly." said Dr. McCusker last night, after hav ing completed an examination of the victim's brain, which occupied nearly six hours. "One shot penetrated the crura cerebri, and it is impossible for a man to strike a blow with such an injury as that. The shot passed completely through, paralyzing the motor and sen sory functions and rendering it utterly impossible for him to swing an ax." "Dale never moed after being struck with the ax. said Dr. Dammasch, who conducted the examination of Dale. "I've never seen a man's head so com pletely broken as was Dale's. The blow that did it must have been terrific. Even the left Jaw, the cheekbone and the entire front part of the skull were shattered. The only movement Dale could have made after receiving that blow was that of dropping dead in his tracks. I agree perfectly with Dr. Mc Cusker that Hiett's death was instan taneous, and that it would have been impossible for him to have killed Dale or for Dale to have killed Hiett." Dale Liked Mrs. Hiett. In regard to occasional differences be tween the two men over Mrs. Hlett as well as over money matters, much was learned yesterday. It was found that Hlett owedDale considerable money. It was also learned that Dale had attempted to nfake love to his young friend's bride and had been severely repulsed while the couple were living with him last Winter on the hunting preserve. Mrs. Hiett told of this episode yesterday when seen at the home of Hiett's sister, Mrs. Dora Bruce, at 230 East Seventh street. She alsorfxpressed confidence that the men killed each other and said Dale had once threatened her husband. "As soon as I saw them lying there Monday morning I knew what had hap pened," said she between her sobs. "Dale was quarrelsome when he was drinking and he had threatened my hus band. He tried to make trouble between us. "Before we were married he seemed to like me and afterwards he was all right, but when we went to his place he soon became abusive and would make remarks which I didn't like. He tried to kiss me once when my husband was not there. Shortly after that he offered to rent a room for me away from the place, saying he would pay the rent If I would go away and leave my husband with him. "After we left there and my husband went to work in the roundhouse, he planned to go down to Dale's and get our furniture and things. Dale told lilm there was no hurry about It. But Satur day he went to the roundhouse and told my husband to come at once and get the thing3 as he was going to leave the place right away. They were to meet Sunday morning at Sixth and Glisan and go down there together. My husband left about 9 o'clock to go and meet him. That was the last time I saw him alive." It was . learned that at 9 o'clock Sunday morning a young man answering Hiett's description called at the. Rose City Lodging-house and found Dale, the two leav ing together. "What became of the tall man or of Dale after the early morning spree, nothing so far. can be learned. STAFF FAVORS REMOVAL Prefers Headquarters at Seattle or Portland. "WASHINGTON, March 9. It is rea sonably certain that the General. Staff favors the removal of departmental headquarters from Vancouver, prefer ably to Seattle and if not there to the city of Portland. No formal recommen dation for removal has been made and action will not be taken before the new Secretary of "War assumes office. The situation is rendered uncertain through the fact that the office of chief of staff Is now vacant. General Bell's detail 4, and reappointment has not been made and possibly will not be until the Sec retary of War arrives and is consulted. The Quartermaster-General's depart- xucui iiuu an estimate or $221,000 for additional officers' quarters at Vancou ver, for the cominar fiscal vea r n -! $166,000 for additional barracks. If the headquarters are removed the neces sity for additional officers' quarters cease .na ine money will not be expended. Additional barracks, how ever, will be built, as contemniit Officers of the General Staff say that it ucairauie to remove the department al headquarters from the Vancouver army post and express the belief that on account of the Alaska trade and business, Seattle should be selected. Secretary Dickinson Is expected to as sume office the latter part of this week or early next ASK REMOVAL TO PORTLAXD Chamber of Commerce and Commer cial Club Act on Headquarters. In the event that the War Department takes up seriously the question of remov ing the Department of . the Columbia headquarters from Vancouver to Seattle the Portland Chamber of Commerce will ask the members of Oregon's delegation at Washington to use their influence to have the headquarters removed Instead to Portland. This plan, it is believed, would meet the entire approval of staff officers at Vancouver. Examination of the Army directory discloses the fact that Vancouver is the only post in the United States where the riertt, i j - .i.i.iik nciuiu'jar. ters are located at the barracks. mat the Chamber of Commerce intends to use everv effort t ho,. .u- , , - iivaa- auartsrs brousrht to "Portland . change is made at all, is shown by the uruer oi rresioem --uaciviaster that the Chamber is to give every assistance to the Commanding General at Vancouver in procuring -uita.ble offices In Portland. If the headquarters are moved to Port land, which seems likely, the following members of the staff would take up their residence here: ThA flnmmtintni. - eral, Adjutant-General, Chief Paymaster, Chief Surgeon, Chief Engineer. Judge Ad vocate and. Disbursing Quartermaster. At yesterday's meeting of the Board of Governors of the Portland Commercial Club, a committee consisting of T. B. Wilcox. GearH W. Slmnn artA Pnlnn.l James Jackson was appointed to investi- tne sunject or transrer of headquar ters from Vancouver and report the re sult at .next Tuesday's meeting of the board. Today is positively the last day for discount on West Side gas bills. Read "Gas Tina." -Victor Talking Machines Bring Music Into the Home, $1.00 Week: . " ivciscm jLionaon Cape Walking Gloves Will Be the Thing for Early Spring SOLE AGENTS Assortment of Automo bile Rugs is the largest and best in Portland ir.i.u:.LJiiien cictv tiput vr t nc tttnuciKircc r. n- ti-vr- OB BOTsnni,' r.inj M..ri. n..t o ..-'; r..;j.j t: a., a i t t SOLE AGENTS Pellard Suits FOR WOMEN OF FASHION UPMAN. WOLFE & CO. See the Hew Spring Styles and Fabrics Here Today l-Clasp Tan Cape Gloves Reg. $1.75 Values $1.15 Regular $1.75 Dent-style, one-clasp Women's Tan Cape $1.15 Gloves, extra well made and sewn, for . worth $1.75, $1.75 Mocha Gloves $1.15 Special one-clasp Mocha Gloves for ladies, in gray, tans and browns; worth 1 C $1.75 pair, price. . P A 1 O Chamois Gloves $1.15 Pr. New, 1 pearl button, tailored Chamois Gloves, washable; very special $ 1 15 2-CIasp Kid Gloves $1.15 2-clasn real kid Dress ninvoe X -tt , ysrsjr in xan, Drown, gray, red, etc.; special.. $1.15 Helen Taft Sash Pins Sale 98C Sale The "Helen Taft" Sash Pin is the latest thing on Broadway, where it is made in sterling silver and costs $7.50. Your initials are engraved on it in any style of script or Old English. On account of the great pop ularity of this new fad, our buyer ob tained 1000 of these pins, made of solid suver composition, win wear iorevcr, en graved to your order, at the extraordi nary sale price 98c Wnlte T sj 11 rt- Lawn iuicn sonars ooc We Consider These Tailored Suits Extra Values Charming creations that have won high place in the fashion world. Style illustrated is a good examole. Daintily edged with Val. r r- MffZiS, or Clunv lace. Priori a vihir "n ic collars, regular $1.75 ?,.'' . Tj- values. $1.35. Real Irish lac rabats apecially priced at 65c, 75c andS 1.50 French novelty satin bows, in all or fashionable Spring shades; special 50C White nr-t bows, edged with Irish lace; regular 50c value, at this saleQC price OuC Venise, Oriental and Irish lace yokes white and ecru, 35 to 5.00. $9.00 Leather Suit Gases $5.98 A special lot of cowhide leather Suit Cases, shirt fold. t- Ot? straps all around, patent locks and bolts; reg. $9 values Pi"0 Two-Piece Suits, $30 For today we offer new 36-3S-inch highest-class Tailored Suits in the finest French serge, plain and striped pru nella cloth, black and white shepherd checks, in all the newest Spring colors, black, navy, rose, olive and smoke; every garment strictly tailored and lined with silk; skirts all newest Efi CC flared and gored styles. . iJOvlelJlJ 3. Piece Spring Suits $32.50 We consider these superb suits extraordi nary values at this introductory sale price. They are made of finest striped prunella cloth and chiffon panama, in navy, reseda and Copenhagen. The coats are made 38 inches long, trimmed with braid and lined with self-colored taffeta silk. The jumpers are made with silk and braid trimmings in newest princess effect. 3JOO Cn Introductory Sale price .... PJa&3vl Spring Tailored Suits $27.50 Out of many hundreds of new suits we have selected this lot to sell as extra values at $27.50. They are the smartest 1909 suits in black, navy, reseda, rose, olive, smoke and gray. Made of finest all-wool serges and fancy prunella cloths, in plain tailored and trimmed styles, every garment lined with peau de cygne or taffeta silk. Every suit extraordinary COr7 Cfi value; priced at, the suit . P tOU 59 $150 Elastic Belts 89c New black elas tic belts, grape design buckl e, $1.50 val., CQr sale price 070 ?bla.rk 3,1(1 brown daic Belts, fancy buckle, fl-OO vame; our sale price . . . Aew tancy elastic Belts, all new jvnd elegant 1 OCT designs; $2.00 values; sale price J !.." All Around the Store G" Chip of the Flying-V," the great Western Tovef, formerly $1.18, now 50c. QApril Delineator is here entirely different in shape, size and contents; 15c. rTThe new wide Barettes that are so fashionable in the 2Kast are here in all styles. Full line of hair goods. Je show many patterns in wash fabrics, silks and idress goods that are entirely different from those of other stores. This does not necessarily mean that they are expensive. J Just an advertising man's opinion those superb $3.50 -eUhinrs in 2-inch mission hardwood frames at 98c are one of the best picture bargains any Portland store has ever given. fIThe Jlillinery Section is three times as large as forrn erly. It's because our hats have the style" that Port land women want. U'fhe new Automobile Handkerchiefs are here the pret tiest and most novel handkerchief ever made. fTThe genuine metalized rose Hat Pins that formerly cost $1.25 to $2.50 29c, 48c, 69c. ' SIX JURORS SWORN Six Others Challenged in Cal houn Trial. OBJECTION TO SCIENTIST lefenae Challenges Fol lower of Mrs. Eddy, but Is Overruled. Accepted Jurors Picked Out of Over 14 00 Men. SAN FRANCISCO. March 9. At tlie close of the 67th day since the work of impaneling a jury was begun and after more than 1400 veniremen had been examined. ' six jurors were finally accepted today to try Patrick Calhoun, president of the United Railways, who stands charged with having offered a bribe to ex-Supervisor Fred P. Nicholas with the pui-pose of influencing him to vote for the overhead trolley franchise. Six peremptory challenges were exer cised, three by the prosecution and three by the defense. The men sworn to try the ' case are Joseph Dixon, clerk; Peter Ant lies. Sr.. retired mining man; Michael Maguire retired hay arid grain merchant; Robert B. Symington, civil engineer; Charles II. Suydam, wholesale grocer; James Granville. retired machinist. They were ordered into the custody of the Sheriff by Judge W. P. Lawior and sent to the St. Francis Hotel. Edwin W. Bennett, a retired manu facturer, was the 13th man called for examination today. His answers to questions Injected a new element Into the proceedings. In that the venireman declared himself to be a Christian Scientist and eald that he had con scientiously endeavored to shut out of his mind all consideration of criminal matters. The defense challenged for cause, citing Mr. Bennett's belief that one element, of the present case that relating to the commission of the crime charged In the indictment was. already proved, though not with re spect to the defendant. Judge Lawlor disallowed the challenge and Mr. Ben nett was passed to the box. The nineteenth venire of 60 men will be examined by the court " tomorrow morning, the case proper being re umed at 11 o'clock. CANNOT INVOLVE TAFT (Continued Prom Ft rat Page.) Mrs. Taft sent word that she was ready to start for the Karnes concert, and she was finally compelled to leave without Mr. Taft. No announcement was made at the White House about the conference and nothing was given out about the first meeting of the Cabinet today. CONDENSED NEWS BY WIRE Unhon A number of linht earth BhooVs. accompanied by subterranean rumblings, are reported from the Province of Mlnho. Granada. Colo. Fire of unknown origin early Tuesday destroyed frve buildings In the business section, causlnc a loss at S40.0U0. New York A man who. the police say. was Tbomu Murptiy. one of the cleverest of the old-time pickpockets, committed sulide Monday night by shooting himself. Chicago Herman Hos.&nelster Is under arrest on suspicion of attempting to pass a wortlijess check In Oak Park. He was captured by Ave girls and two boya. High school pupils, after an exciting chase. Rt. Iu!s John Bambrlck. one of the leading contractors of St. L.ouia. Is serving a five days' sentence for contempt of court. Ifls firm operated a. quarry after an In junction had been iusuod because of the heavy blasts which endangered lives. Mexico City According to private ad vices. President Zelaya. or Nicaragua, has called another conference between his coun try and Salvador and ota Rica, with the view to arranging permanent peace for Central America. New Tork Because the Hotel Patterson has been entered by burglars six times In the last Ave months, a night watchman, armed with a double-barreled shotgun, and carrying a searchlight, has been placed on duty on the roof Denver Fire Tuepday morning gutted the nrst floor and basement of the building owned by the Cottrell Clothing Companv. faulting a loss of approximately $.tO.U4M. A panic took place among the occupants of the Armour rooming-house, adjoining. Kevr Tork An engagement by the Na tl ma City Bank Tuesday at the ansav ofrlces for export to Ixindon of 1.40u.od gold, marked the first actual transaction looking toward a movement of gold Kurope wards. which has been forecasied by the recent rlcs in sterling exchange. San Francisco The still in the refining works of the Standard Oil Companv at Point Richmond exploded Tuesday presum ably owing to an accumulation of gases The building was wrecked and two work men. X. B. Miller and George Shaw, fatally Injured. rS,KTZ,ioa,. C,ty nd the Christian Catholic Apostolic Church, of which Wilbur Olenn Vollva Is general overseer, have been on era. bos- thrown Into a turmoil over the expdlsl "'John Taylor, one of the presiding eltlei who Is accused of circulating literature he tile to the Vollva regime. Kalamazoo. Mich. The hand that was severed from the wrist of charle.i Miller at a paper factory here recentlv. has been uccu.riiny rejoined lo his arm. and It Is surgsnts would wait until the proper time to renew it. Payne Predicts Delay. Mr. Payne was with the President only a few minutes. When he left he said that he had told Mr. Taft that the tariff bill would be ready to renort on the first day of the session, but that he could not propnesy what would haDnen If the nroa- ent chaotic conditions In the House were to continue. Several times during the conference THOMPSON'S GLASSES ARE GUARANTEED - X L! ;:;. J -:T -.'41 9 years in Portland, 2 years in the lead ing eyo clinics of Jurope. If at any time In one year Thomp son can improve your vision, so CHARGE will be made for the changing of lenses. Frames and mount Ings kept In repair Tone year without extra cost. HIgh-Clasa Work at the Laweil P a a Ible Prices. aaid that the young man will shortly be uiacharged from Bronson Hospital with the prospect of regaining full use ot his hand. Ix Angeles The unique defense In the trial of Edjap Nuchols. a Hi-vcar-old hov who shot and killed Frank Kigpettl. whom he attempted to hold Tip on the night ot February in last. Is that he has grown so fast that his brain has been diseased. The boy Is 6 feet 2 lncbec In height and very narrow. Sun Francisco A special from San Jcse states that when (ieorge Campbell, of Sunny vale, waa rudely awakened by the members of the Fire Department of thai place, he discovered that both of his wooden legs were merrily blazing. His life was probably saved by a girl, who discovered the blaxe and ran In her night clothes to warn the Fire Department. Long Service Rewarded. PAN FRANCISCO. March S James B. Duffy, city ticket agent of the Santa Fe Railroad, lias been appointed general agent of that company in San Francisco. He entered the employ of the Santa Fe 19 years ago at Albu querque and has served it ever rince at Prescott. Ariz.. San Jose and other places. He will assume his new posi tion on March 15. THOMPSON The Internationally ladoraeel Sight Kiprrt, Suite 200. Corbett Bids, Btk Morrlaoa VATICAN GALLERY READY Xew Ool lection of Paintings TypU cal of Periods in Art. ROME. March 9. The new picture gal lery of the Vatican Is to be inaugurated March 18. but permission was accorded today for a preliminary view. The old Vatican gallery contained SO pictures, but the new collection embraces not less than 30 canvases, displayed in soven beautiful halls opening on the magnifi cent Belvidere Court. Above each door Is a golden Inscription destined to re mind posterity that the installation of this new gallery is due to the initiative of the present Pope. The tadditlonal pictures have been brought from latcran palace and the private apartments' of the Vatican. The first hall contains a unique collection of Byzantine picture; tho second Is given over to the Tuscan school, headed by Fra Angeliro; the third hv Fra Aiigelico and examples of the I'mbrlan school; In the fourth ts the Kem of tne collection. Rafael's "Tsansllguration"; the fifth hall is given over to the Venetian school headed by Titian; the sixth, to examples of fhe sixth century; the seventh to pic tures by foreign artlMs. Collects $89,000 in Taxes. ASTORIA. Or., March 9. (Special.) Up to the present time SherifT Pomeroy has collected the sum of JS9. 029.55 on the 1908 tax roll and has allowed re bates in the sum of $2717.72. making a. total of 191.747.27 that the roll has been reduced. Vermont Kcaches Iiosion. BOSTON. March 9. The battleship Ver mont, the last of the big fleet to be sent to the Oiarlcston Navy-Yard for refit tinjr, arrived In the harbor at 9 A. M. today, from Newport News. chardso Specials For WEDNESDAY and THURSDAY Only, Men's SPRING SUITS in the Very Latest Models, $20 and $25 Val ues, at w 9 . lit We Guarantee Workmanship, Finish and Fit Greek Letter Lines I Abt Ac Sons. A.J.R IGHARDSON Q Opposite WoodarcX Clarke 8 Co. 283-285 WASHINGTON ST.