Morning Oregonian. (Portland, Or.) 1861-1937, July 14, 1909, Image 1

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    VOL. XLIX.-XO. 15.172.
THE MORNING OREGONIAN. WEDNESDAY, JULY 14, 1909.
PRICE FIVE CENTS.
PORTLAND FIGHTS
TIE NUPTIAL KNOT
ON AUTOMOBILE
EVELYN THAW IS
TEARFUL WITNESS
TWO ALASKA PEAKS
SINK INTO OCEAN
NATIONAL TROOPS
OCCUPY TEHERAN
NEW CHANCELLOR
DEFENSE
ALLEGED
TO RULE GERMANY
FOR HONORS
E-UP
SAX FRAXCISCO COUPLE GETS
MARRIED IX NOVEL WAY.
EARTHQUAKES PLAY. QCEEK
FREAKS IX FAR NORTH.
VOX BETHMANX-HOLLWEG WILL
SUCCEED VOX BUELOW.
THWARTS
FRAM
Kansas City Is Strong
Rival for 1912.
SAMMIS IS CHOSEN ELK RULER
No Choice Made for Grand Ex
alted Loyal Knight.
ANNUAL REPORT IS MADE
Change of Location of Home Is
p
Made, and Sanatorium and Or-
i .phanage Are ' Also Sug
, gested In locumcnt.
JfETVLT EUtCTED ELK RULERS.
Kxalted Rule
-Jamea V. Sammis.
Lemars, Iowa.
Leading- Knight
Warren G. Cayre.
Wabash, Tnd.
Lecturing- Knight
ficranton. Pa.
Secretary Fred c.
J. D. Jones.
Robinson. Du-
buque. Iowa.
Treasurer Edwin R
Tork.
Leaoh. New
Trustee Perry A. VTlay. Denver.
Tyler Charles U Dicker. Benldljl.
Minn.
r.
iiji.
Bt
Inner Guard A. M. Taylor,
Auguntlne, Fla.
t
LOS ANGELES, July IS. (Special.)
AVlth the FJlks" election out of the way
and with the convention for next year
Riven to Detroit by acclamation, the most
exciting thing In convention circles now
la the fight between Portland and Kansas
tlty for the convention of 1911 Both
aspirants for the honor claim vletory.Aut
the battle Is by no means settled yet.
Portland has. however, gained a de
cided advantage over her Middle Western
opponent In coming here with a strong
delegation and getting first whack at the
delegates from the other states. Nor
U this the only point In which the Web
footed aggregation has scored. The fame
of their city is being spread - broadcast
among tha assembled herds by a bevy of
charming women, the wives and daugh
ters of the Elks, from the Northern town,
and tha wives and . daughters of their
friends.
Kansas City la Stubborn.
But Kansas City Is determined and Is
making the claim that the Pacific Coast
cannot ask the' big reunion. In 1912, only
three years after the Los Angeles gather.
ing. They are also doing a good deal of
wire-pulling. It is understood that the
new grand exalted ruler, J. U. Sammis.
is in favor of the Oregon city, though, of
, course, he officially shuts his mouth on
thle point.
Trades and log-rolling In the matter
of convention cities have been more In
evidence this year than ever before and
the task that Portland has before her ia
not an unique one. Baltimore and Boston
and Atlantic City have felt the same in
fluences and gone under, but the Portland
crowd insist that they have as good. If
not a better, right to the big gathering
three years hence, and they mean to get
it if money and pains will carry the day.
One Office Still Vacant.
At the close of today's election it was
announced that the balloting for grand
exalted loyal knight resulted In no elec-
tion, four candidates being voted for and
none receiving a majority. J. L. Preston
of Wyoming, received 335 votes. Another
ballot will be taken tomorrow.
The count was completed at 9 o'clock
and after the official notification of tha
result had been made to Grand Kxalted
Ruler Holland, the results were given to
the press.
The vote for grand exalted ruler was
extremely close, Sammis receiving 692
votes and Herrmann 529 The result was
" Jn doubt until the count of the votes was
completed.
Bitter Eight on Floor.
Before the ballot the rtruggle for votes,
led by the Iowa delegation for Sammis
and the Ohio delegation for Herrmann,
became bitter; and into this final struggle
many prominent Elks, Including Rush L.
Holland, the pVesent grand exalted ruler,
were drawn.
In a statement regarding the publica
tion of a letter he had written to Sammis
he complained that unfairness had been
shown in not giving out the entire con
tents of the letter, but only such por
tions as made it appear that he had in
dorsed the candidacy of Sammis.
The only business transacted by the
meeting of the grand lodge today,
aside from the election' of officers, was
the selection of Detroit as the place of
meeting for the grand lodge in 1910.
St. Louis. Boston and Portland. Or.,
were mentioned as rivals of Detroit,
but no strength for any one of these
developed, and when St. Louis with
drew from the contest Detroit was
named by acclamation.
Orphanage Plan Up.
In the annual report of Grand Ex
alted Ruler Holland, the matter of es
tablishing an orphanage for the chil
dren of deceased Elks Is submitted to
the grand lodge without recommenda-r
tlon beyond that a committee of three
be appointed to Investigate the plan.
The location of the present National
Elka Home at Bedford, Va.. was criti-
" iCanelndad .on JPaaa a.)
Dr. Priestly and Miss Hansen Join
Fates on Wharf, Then Drive
on Steamer.
STOCKTON. Cal.. July 13. (Special.)
One of the most novel marriages prob
ably ever solemnized took place this aft
ernoon at 6 o'clock, with the contracting
parties seated In an automobile. Just
ready to run on to the steamer J. D.
Peters. The interested parties were Dr.
S. H. Priestly and Miss Sophia C. Han
son, of this city.
This is the third voyage on the matri
monial sea the physician has undertaken
and he proposed to make the occasion
something unusual. After securing a
license he called up City Justice A. C.
Parker on the telephone and requested
him to be at the wharf from which the
J. D. Peters sailed. A few minutes be
fore the departure of the steamer the
Interested parties roue J upon the dock
and the nuptial knot was soon tied. The
physician's eon was one of the witnesses
to the ceremony.
The newly wedded couple immediately
ran the automobile aboard the steamer.
They will make a tw weeks' honey
moon hunting, trip through Sonoma
County in the automobile to add to the
novelty of the marriage.
ALAMEDA WINS OCEAN RACE
Beats Mongolia in Speed Contest
From Honolulu.
SAN FRANCISCO, July IS. Tha
Oceanic- liner Alameda arrived today
one hour and 20 minutes ahead of the
Pacific Mall liner Mongolia, after tha
vessels had steamed for six days over
the 2000-mile course from Honolulu,
never losing sight of each other until
yesterday morning, when the Alameda
pulled ahead.. The race was not pre
arranged, but waa the result of a simi
larity of schedules.
The ships sailed from the Hawaiian
port July 7 within a few minutes of
each other. The Mongolia led f or'three
days, never getting more than ten miles
ahead, but on the fourth day the Ala
meda passed the larger vessel, slowly
increasing her lead until this port waa
reached.
HEINZE'S -BOOKS FOUND?
Two Trunks Said to Contain Them
Seized by Federal Officers.
NEW TORK. July 13. Two tmnVi
said" to" "contain the missing books of F.
Augustus Heinze and of the United Cop
per uompany, were turned: over to the
Federal authorities in New Tork today.
The trunks were found, it is said. In a
house in . West Fifty-ninth . street. Ap
parently the trunks were first taken to a
hotel at Spring Lake. N. J., then brnmrht
back to this city and shifted about until
their discovery by a Secret Service agent
today.
United States District Attorney Wise
has been looking for the books for weeks
In order to clear up Heinze's alleged il
legal loans as president of the Mercantile
National Bank during the financial'
stringency of lau7.
SANITARIUM IS ATTACKED
Much Damage Done to St. Theresa
Institution at Oak Grove.
Some enemy of the institution last night
about midnight attacked the St. Theresa
Sanitarium at Oak Grove, breaking win
dows, throwing missiles against the build
ing and terribly frightening the patients
and nurses. The hydrants were twisted
off the water pipes, and much damage
was done by the rush of water.
.The police and Sheriff of Portland were
notified, ibut the last car had nn a fti!Ae
of Police Burns, of Oregon City, and
deputy Sheriff Olds, of Clackamas Coun
ty, who lives in Oak Grove, went to the
scene, however, but could And no traci
of the miscreant.
LAW PLAIN, M'CREDIE TOLD
Attorney-General Insists Vancouver
Jurist Must Wear Gown.
OLYMPIA, Wash., July 13. (Special.)
Superior Judge McCredie, of Clark
County, who has refused to wear the
gown required by the new state law,
has written to the Attorney-General
asking if an opinion had been rendered
that any Judge who failed to comply
with the law is guilty of a misde.
meanor. '
A letter went back promptly stating
the press reports of such an opinion
were correct, and state officials expect
Soon to learn the Vancouver jurist has
placed his order for the robe
1 .
NO CONSCRIPTION WANTED
Lords Reject Roberts' Bill tor Com
pulsory Army Service.
LONDON', July 13. The House of
Lords tonight by a vote of 123 to 103
decided not to proceed with the Na
tional service bill, which Lord Roberts
introduced in the House Monday.
This bill provides for compulsory
service in the army of all male cit
izens between the ages of 18 and 30.
HEAT KILLS FIVE IN EAST
Four Children and One Adult Are
Stricken In Philadelphia.
PHILADELPHIA, July 13Heat today
caused five deaths here.
Four ot the i'lcUraa jrexe children. -
Asks Judge Not to Force
Her to Answer
RISKS CHARGE OF CONTEMPT
Refuses to Tell of Husband's
Threat to Kill Her."
IS GIVEN DAY'S RESPITE
Evidence Offered by State Is More
Favorable to Thaw, but Effect
May Change Today With
More Questions. ,
WHITEV PLAINS, N. T., July 13.
Evelyn Nesbitt Thaw, aa" pretty as ever,
petulant and School-girlish and dressed
in the familiar blue which she affected
so much during the murder trial of
Harry K. Thaw, her husband, was on
the stand for more than an hour before
Justice Mills in the Supreme Court to
day. She had been subpenaed by the
state In its fight to keep Thaw in the
asylum of the criminal Insane at Mat
teawean. Though she was called by
the state in an endeavor to prove Harry
Thaw irrational, what H. Roger Clarke,
the Deputy Attorney-General drew
from her today created a favorable im
pression for her husband. She was
excused shortly after 4 o'clock, but
was resubpenaed and will probably ap
pear again on Wednesday.
Refuses to Answer Questions.
Upon the outcome of Evelyn Thaw's
testimony the state's fight largely
rests. Mr. Clarke tried to get her to
admit that Harry Thaw had threatened
her life. But, turning appeallngly to
the court, she repeatedly refused to
answer his questions and after a clash
between counsel Justice Mills ruled
that he would hold the conversation-
which the threat was supposed to have
been made a confidential one between
husband and wife and therefore privil
eged until the state presented proof
to show. that Daniel XD'Rellly, the New
Tork lawyer, was present at the time,
and was not then acting as counsel for
both Mr. and Mrs. Thaw. This Mr.
Clarke promised to do and Mrs. Thaw
was excused after identifying a number
of papers In her husband's handwriting.
Appeals Tearfully to Judge.
When Mrs. Thaw first entered the
courtroom and made her way to the
stand, there was a buzz of excitement,
but she showed but little concern. On
the stand she was reluctant to answer
questions and had to be Instructed to
do so a number of times. The tears
came to her eyes once when Justice
Mills ruled against her and she turned
to him and said:
"I guess I will have to obey, for I
cannot afford contempt proceedings or
go to Jail. My husband is not paying
(Concluded on Prge 3.)
I . fc : jll i : 1 i
t . r-fi c - " . t
Bay in Bering Sea Is Transformed
Into Lake in Which Two
Islands Appear.
WASHINGTON, ; luly 13. The destruc
tion of two Imposing mountain peaks,
the transformation of a bay into, a lake,
and the creation of two new islands are
feats of nature discovered In Behring
Sea, by a Government' party, and re
ported to the Treasury .Department to
day. . A. report received by Captain Com
mandant Ross, of the Revenue Cutter
Service, says that a party from the rev
enae cutter Perry landed on Bogoslof
Island, on June 10 last, and found that
a number of changes had taken place.
Perry peak and McCulloch peak have
disappeared and the opening of the bay
or lagoon, a pretty spot shown in pic
tures on iile In the Treasury Department,
has closed up, forming a lake of warm
salt water of a sea level.
In ita center two small Islands have
sprung up. One of these islands Is
throwing off a volume of steam.
The interesting phenomena are believed
to have been caused by earthquakes and
volcanoes.
CONGRESSMEN ON DIAMOND
Republicans and Democrats of
House to Play Baseball.
WASHINGTON, July 13. Republican
and Democratic members of the House
will meet in a baseball game Friday aft
ernoon. The Democratic team will be
captained by Representative Klnkhead,
of New Jersey, who will muster into serv
ice Representatives Garner, Texas; Mc
Dermott, Illinois; James, Kentucky;
Hughes, New Jersey; Garrett, Tennessee;
Dan Driscoll, New " Tork; O'Connell,
Massachusetts; Heflin, Alabama, and
Robinson, Arkansas.
The Republicans under Tener, of Penn
sylvania, will put forth Thomas, Ohio;
Anthony, Kansas; Vreeland, New Tork;
Cole, Ohio; Butler, Pennsylvania; Daw
son, Iowa; Taylor, Ohio; Morehead,
Pennsylvania; Bennett, New Tork; Long,
worth. Ohio; Stemp, Virginia; Burke,
Pennsylvania; Denby, Michigan; Gaines,
West Virginia, and Hawley, Oregon.
The proceeds will go to fhe Playgrounds
Association.
TO TRY HEAD MURDERERS
Commanders of Adana Massacres
Ordered Before Court-Martial.
CONSTANTINOPLE, July 13. An Im
perial trade issued today orders the trial
by court-martial of DJevad Bey, ex-Vali
of Adana, Must-apha Pasha, the mili
tary commander at Adana. and Tousseff
Bey, Governor of Jebelibecket, in the
vilayet of Adana on the charge that they
were implicated in the Armenian massa
cres of last April.
GOVERNOR . JOHNSON ILL
Minnesota Executive Undergoes
Operations for Appendicitis.
ST. PAUL, July 13. Governor John A.
Johnson Is seriously 111.
He has already undergone three opera
tions for appendicitis.
ON
Shah of Persia Whipped
by His People.
GENERAL CALLS PARLIAMENT
Royalist Party Can't Resist
Much Longer.
RUSSIA HAS EARNED HATE
Only Desultory Firing . Marks En
trance of Nationalists and Cos
sacks Are Cut Off From
Comrades in City.
ITERCK COMBAT RACING.
LONDON-. July 13. A dispatch
from Teheran eaya that the Nation
alists attacked tha Cossacks In the
barracks and Artillery Square for
two hours this eVentng without succeeding-
in capturing the positions.
The combV was fiercely waged, the
Cossacks using shrapnel.
TEHERAN, Persia, July 13. Recent
events in Turkey" are being repeated in
Persia. The Constitutionalist forces are
now in possession of the greater part of
Teheran, which they entered this morn
ing without encountering any organized
resistance. While Saradarasad and Sip-
ahdar. the leaders in the 'movement, con
centrated the attention of the Royalists
by demonstrations to the west.a strong
body of Nationalists and Bakhtiarls made
their way unnoticed around to the north,
whence the capture of the capital was
not difficult.
The Royalists are badly situated to
make further resistance and the Cos
sacks, under command of Russian offi
cers, remain outside the city, entirely
cut oft from their comrades.
Only Demand Constitution.
The strictest discipline Is being main
tained by the Nationalists. Their leader,
In a note to the Russian and British le
gations, guarantees security of life and
property to foreigners, adding that noth-
I ing is demanded from the Shah but
real constitution. Cipahdar already hat
summoned the members of the Mejulss
to witness the opening of Parliament.
The Invaders lost only one man while
making their entry into the city.' The
loss to the Royalists is unknown, but
cannot be heavy, as the Cossacks were
the only defenders to offer resistance.
They are keeping up a desultory fire to
night and occasionally are making use o
their artillery.
Ill Feeling Against Russia.
There Is much ill feeling against the
Russians, and the Nationalists are endeav-
(Concluded on Page 5.)
ISN'T IT
THE WRONG
BACK?
He Adjourns Reichstag by Order of
Kaiser First Dose of
Socialist Trouble.
BERLIN, July 18. Dr. vnn Rethm.nn-
Hollweg has been practically decided
x-nnce von tsuelow's successor
as Imperial Chancellor. The appoint
ment will be recommended by Prince von
nueiow at his audience with the Emperor
tomorrow and ' there In
believe It will be made.
Dr. von Bethmann-Holl wir is nn vi.
Chancellor and Minister of the Interior.
He Is a college friend of the Kmiumr
He is of Jewish origin, and Is 63 years
oia.
After the clerk of the Relchsta haa
announced today" the passage of the bill
proviaing increases in the salaries of
civil servants. Dr. von Bethmann-Holl-weg
rose and said that, as the repre
sentative of Prince von Buelow, he had
a message from the Emperor to be read.
His cbmmunication was a decree closing
the present session. The House will not
reassemble until next Autumn.
As had been expected for some days,
the Socialists, to show their disregard lor
monarchal Institutions, remained seated
while the message was being read. All
other members arose. The Socialists
men leit xne cnamner, while the other
delegates gave three cheers for Ettnperor
William.
WABASH TO HAVE AGENT
Stubbs of Los Angeles Made General
Agent at Portland.
LOS ANGELES, Cal., July 13. (Spe
cial.) Effective August 1, the Wabash
Railroad Company will open an agency
for the handling of freight and passenger
business at Portland, Or. W. D. Stubbs,
traveling freight and passenger agent at
Los Angeles, is promoted to be general
agent at Portland. Announcement of
the street location of the office will be
made In a few days.
Mr. Stubbs has been with the Wabash
road about 12 years and has been sta
tioned In this city five years. He stands
high in local railroad circles and, when
the news of his promotion came today
from St. Louis, he was the recipient of
many warm congratulations.
FUNEREAL ACCIDENT, THIS
Coroner, Undertaker and Corpse Go
Over Cliff in Automobile.
BAKERSFIELD, Cal., July 13. Hurled
over a grade Into a deep canyon on the
road to Democrat Springs today, an auto
carrying Coroner McGinn, Undertaker
A. H. Dixon and the . corpse of Thomas
Leatherdale, fell 100 feet, crashing into
a pile of boulders. The wicker basket
containing the corpse rolled down the
canyon until the rocks stopped it.
The men leaped from the automobile
before It Jumped the le'dge. The basket
was not damaged and the corpse was not
mutilated. The automobile, however, was
wrecked.
INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maxlmtfm temperature, 76
degrees; minimum, 48 degrees.
TODAY'S Fair, northwest winds.
Foreign.
Nationalists In full control of Teheran, and
summon Persian Parliament. Page 1.
Dr. Von Bethmann-Hollweg chosen for new
German Chanoellor. Page 1.
Bleriot. French aviator, files 2S miles
straight-away on aeroplane. Page 3.
National.
Senator Chamberlain's record in tariff de
bate. Page 2.
Tariff conferees will begin battle over dis
puted rates today. Page 3.
DomMtic.
Mrs. Thaw refuses to answer about Thaw's
threat to kill her and Is given respite.
Page 1.
Sammis elected grand exalted ruler of
Elks; Portland winning over Kansas City.
Page 1.
Officer says Sutton killed himself uninten
tionally in trying to kill man who held
him. Page 4.
Madson admits marrying about 20 women,
including many In Portland. Page 2.
Former Spokane woman commits suicide in
Omaha, sending message to Portland
friends. Page 4.
Sports. '
Coast League scores: Portland 4. Sacra
mento b: Oakland 3. Los Angeles 1; Ver
non 4. San Francisco 3. Page 12.
Fitzherbert wins Realization stakes and
breaks records. Page 7.
Nelson badly beaten by Wolgast in ten
round bout. Page 5.
Weston reaches Sulsun, Cal., very weary.
page t.
Pacific Northwest.
Women have day at Chautauqua. Page 6.
Cushman Is laid to rest at Tacoma. Page 7.
Delegates gather for National Council of
Women, In Seattle. Page 7.
BalUngsr says Taft Is carrying out Roose
velt's conservation policy.- Pnge 3.
Defense In Murgatroyd murder trial at St.
Helens breaks alleged frame up to pack
Jury. Page 1.
Secretary BalUnger denies he Is at outs
with Secretary Wilson. Page 3.
Trial of Councllmen at Union arouses town,
and guards are maintained in courtroom.
Page 6.
Sports.
Oregon state tennis tournament opens with
fast matches. Page 6.
Northwestern League scores: Portland 1. Ta
coma 2; Aberdeen 4. Vancouver 3 ; Spo
kane 3. Seattle 2. Page 12.
Commercial and Marine.
Two craft fixed for new-crop grain. Page 16.
Hops remain steady at 15 cents in spite of
bull rumors. Page 17.
Stock market dull in reaction after rise
on Monday. Page 17.
Wheat pit quiet on receipt of good weather
reports. Page 17.
Portland and Vicinity.
Tourist traffic at Portland Is establishing
new record. Page 10.
Ex-wife of Glttings slayer says she Is hap
pier with present husband. Page 11.
Long-life colony planned If Portland people
approve of idea. Page 10.
Target practice and drills occupy day at
Clackamas rifle range. Page 1 1.
Use of word "trustee to determine fate of
many acres. Page 15.
Captain Baty to be kept at head of Detec
tive Bureau. Page 1 1.
Idaho irrigation report tells of great prog
ress in that state. Page 7.
W. K. Newel i, back from East, advises
Oregon apvlegrowers to enlarge orchards.
Pago 3.
Murgatroyd Trial Stirs
St Helens.
DELAY IN SECURING A JURY
Six Men Excused Because of
Alleged Bias to Prisoner.
CASE MUCH COMPLICATED
Evidence Directs Suspicion on Ma
lone, State's Star 'Witness, Who
Is Held on Robbery Charge. .
Blakesley Aids Defense. ,'
ST. H EL EN 3, Or.. July 13. (Staff Cor.
respondent.) All of St. Helens Is agog
over a murder trial that teems with per
plexities. Foremost of these is what
the defense avers Is an- attempt by the
county regime to load the Jury box with
men liable to favor the prosecution for
personal or political reasons. George
Murgatroyd. charged with the murder of
aged Robert Livingstone, near Goble laet
December, sat through proceedings today
which raised six individuals of this type
to the post of deliberators and there
after ousted them as being too close to
the prosecution.
Throughout the examination of a long
venire four City Councllmen of St. Helens
all but squeezed in aa Jurors, a school
teacher, who depends upon Deputy Dis
trict Attorney Miller for his Job, was
also spied in the box by the detente,
and the last Intimate dlacovered was a
one-armed man whose son studied law
under District Attorney Tongue's father
and now carries a key to the office of
Deputy District Attorney Miller.
"Toots" Blakesley Aids Defence.
It was also nearly brought out by th
defense that the son is expecting to ba
awarded an extensive plumbing contract
through the influence of Deputy District
Attorney Miller. It is said here that the
exposure of this Juror by "tha defense is
the result of Information given Attorney
Abel by "Toots" Blakeley, who is await
ing trial on a charge of extortion, which
is scheduled to be prosecuted by District
Attorney Tongue.
By far the Jurors are not the onl puz
zle of the Murgatroyd murder trial, for
today both District Attorney Tongue ani
his deputy, Atttorney Miller, declared
Roy Malone, the state's star witness, to
be a king of contradictors. And strange
to say, though no murder indictment
overhangs Malone, the evidence pointing
to him as the possible slayer of Living
stone seems to be at least three times
stronger than the circumstantial evidence
against Murgatroyd.
Malone'a Pipe Found In Cabin.
Frank Koshier, a youth of Goble, la
prepared to testify he saw Malone with
Livingstone In the latter's shack tha
Wednesday night preceding the murder
committed on Friday, and that after dis
covery of the crime Malone's clay pipe
waa found In the shack of the man slain.
This is the nearest clew thus far ob
tained, as no witness has been found,
save Malone, who will testify to seeing
Murgatroyd at Goble at any time. The
main evidence against Murgatroyd is to
be given by two women who Informed the
grand Jury Murgatroyd had told them he
had killed a man in Goble. These wit
nesses are Mrs. F. E. Richmond, a cook
at Junction City, and her daughter, Bes
sie, a waitress at the same place.
Next to this testimony in importance
against Murgatroyd le J. Kelly, who will
testify Murgatroyd, six weeks after the
murder, asked him for a. change of
clothes, that he could rid himself of
bloody garments.
Defense Testimony Strong.
The defense will attempt to undermine
this testimony by calling Miss Loralne
Donovan, who ia alleged to have heard
Bessie Richmond say "George, told
mamma something he did not tell us."
To. counteract the evidence surrounding
the bloody, clothes noted by Kelly, the
defense will produce a witness who is
said to have heard Kelly say:
"Murgatroyd stole my shirts and pants
and I will send him to hell for it."
The witness for the defense is also
relied upon to testify that Kelly, when
eluded for speaking a he did. re
marked: "I am not half as strong as the Rloh
monds." Principal among the witnesses whos
testimony will tend to weaken the state's
charge against Murgatroyd ia Mrs. A. C.
Zigler, who Is accused by Roy Malone
of concocting a scheme with three men
to make away with Livingstone. She de
clared today that soon after the murder
two men, neither of whom was Murga
troyd, were sent to her house by a log
ging i-amp foreman to room there for a
weewf and slipped out during tha night,
Instead of reporting for work, as they
expected -of them. Then later than this,
declared Mrs. Zlgler, two other men
called at her house, either the night of
the murder or the evening before, and
asked for Malone, who was out. And
neither of" these later callers, says the
woman, was Murgatroyd.
Mrs. Zigler Is an aged woman, lees than
five feet tall, who has conducted a rooming-house
for laborers at Goble for many
years. She denies the slightest partici
pation in the crime and . reviles young
(Concluded on Pas ft-i
6