TIIE MORNING OREGON! AX, WEDNESDAY,- AUGUST 11, 1909.
4
VAN SANT LEADS
FOR COMMANDER
Ex-Governor Likely to Head
Grand Army at Session
of Next Year.
ST. LOUIS FOR LOCATION
Veteran Place Pleasure Before
Business and See Sights of Mor
mon Capital Balloons and
Rockets on Peaks.
SALT LAKE CITY. Aug. 10 Samuel
K. Van Sant. commander-in-chief, and
Atlantic City the meeting place in llt.
is the way the forecast reads tonight In
the contest for the leadership and for the
j-.w th. r.rfind Armv of
Yiiu rinimtiiit"fc v. ..... .
the Repuhllc. Nevertheless, the, friends of
Judge Killiam A. Ketcham and the advo
cates of St. Louis are standing bravely
to their guns ana will noi roncrao us
feat until the last ballot on Thursday.
TK ...vanrlnn KPpkcrit Slid tllB DerSODal
friends of candidates worked hard to
day, but the thousands of old oldlers
here attending the annual encampment
had more Important matters to attend to.
"If amusement Interferes with your
business, cut out the business," is the
...... veteran, and thev are liv
ing up to it. The encanvpment is, first
of all. a holiday, ana me visitors oo nui
allow their dignity as warriors to spoil
their splashing in the lake, their rambles
amid hl.'rtoric scenes, their post card
signal service to absent friends, or their
Investigations of the Mormon faith
Study Mormonlsm a Home.
Salt Lake's unique position as the
Meoea of a peculiar religion Is remem
bered by all classes of visitors, but it Is
doubtful If any have taken more In
terest In Mormon theology and Mormon
political economy than these griKled
fighters of the Civil War. The veteran
who can secure an aged father In Israel
as his guide and Instructor Is In his ele
ment and is the envy of his comrades.
Triooa&nda of veterans and the Army
curses were entertained free of charge
Vy the management of the Saitalr pavilion
at the lakeside this afternoon. Other
thousands rut In the day seeing the
eights of the city.
Colorado claims the lanrie oyiegatlon
at this, encasrvpment. The rollcaJl shows
843 persons from the Centennial State.
Bo far her claim has not been disputed.
Bpecial trains continue to pour their
human cargoes into the depots and the
Incoming veterans are instantly swallowed
In the throngs that came before.
Welcome at Tabernacle.
The Aesoetatlon of Vnlon ex-Prisoners
of War held Its business session. National
Commander Harry White of Pennsyl
vania presiding, this afternoon. Execu
tive councils of the Woman's Relief
Corps and other auxiliary bodies also de
voted s. part of the day to routine busi
ness. I'nder the vast dome of the Mormon
tabernacle the Grand Army, the Sons and
Iaughters of Veterans, the Woman's Re
lief Corps, and the rest were welcomed to
Vtah by (governor William Spry and to
Silt Lfike City by Mayor John S. Brans
ford tonight. The visitors' appreciation
of the welcome was voiced by Commander-in-Chief
Henry M. Nevlus. From
the same pulpit the heads of the various
affiliated organizations greeted the mem
bers whom they have served for the last
year.
Mountains Pictured In Fire.
fampflres were held at the Assembly
Hull and the Armory and when these
bmke up every eye was turned toward
K.iscn Peak, the mountain rising IS1
f. et hi the northern edge of the city,
upon which the Mormon pioneers planted
tii. lr flags at the tlrst settlement of L'tah.
From this eminence the heavens were
homh.'.plfd with a gorgeous eruption of
P.ime. Kiry balloons mounted the dark
fky and volleys of rockets pen
ciled the Armament with lines of living
litM. It is a spectacle that could be
presented nowhere save In the mountain
nnd the memory of It wlM linger while
tiie memory of the AM national encamp-m-nt
or the ti. A. K. endures.
Th.'re is a triple contest for the Na
tional presidency of the Woman's Relief
Corps, with Mrs. Jennie I. Berry, of
Iowa; Mrs. Belle Harris, of Kansas, and
Mrs. Melissa Caylor. of Indiana, as the
candidates. The grratest confidence Is
shown by the supporters of Mrs. Berry.
JOrXfiFR VKTKUAXS GATHER
Men of Cuban and Philippine Cam
paigns to Unite.
PrTTSRI'Rii. Aug lc The arrival of
Ueutenant-Creneral S. H. M. Young, re
tired, acting as personal representative
ft President Taft. marked the opening of
the convention of the Veterans of Foreign
Service and the Army of the Philtpplnes
here today. More than a thousand dele
gates are already In camp.
rromlr.ent among the arriving visitors
was Edward K. Lane, of Mtesnula. Mont.,
former trooper in Roosevelt's Rouen R1I
ers. Lane was color Sergeant of his troop
when the famous band charged San Juan
hl!l.
The first Joint business session of the
two conventions will be held tomorrow.
Both organizations are National and a
movement is on foot to amalgamate them.
It Is also planned to organize a Woman's
Auxiliary.
WHITE REMAINS COMMANDER
Ex-Prisoners of War Asaln Honor
Indiana Man With Office,
SALT LAKE CITT. Aug. I". Harry
White, of Indiana, was re-elected com
mander at tiie thirty-seventh conven
tion of the National Association of
c x-Prlsoners of War today. No one
flse was mentioned for the honor.
Three hills to be introduced in Con
press were indorsed by the convention.
One provides for a pension for ex
prisoners of war. epuul to $2 a day for
t sen day of Imprisonment: another pro
vides a government railway from
miersonvll!e. Ca.. to Prison Park and
the National Cemetery, a distance of
one and one-half miles, and the third
for the creation of a National military
park on the sue of the battle of Peach
Tree, near Atlanta.
MAYOR REMAINS AT HOME
Vancouver's Executive Afraid of
Sharp Pealing If He leaves.
VANCOUVER, Wash.. Aug. W (Spe
cial.) Afraid to leave the city lest the
Mrect improvement contracts which he
nss refused to sign might be signed in
his absence by the acting Mayor. John
I'. Kiggins. Mayor of Vancouver, did not
Join the boats of boosters who left yes
terday for Seattle to participate In the
exercises of Vancouver day today at the
Fair, and in explanation of his failure to
go to Seattle he today Issued the follow
ing proclamation:
"To the Citizens of Vancouver: A good
many of our citizens will wonder why I
did not go to Seattle for Vancouver day.
I will state that if I did the contracts
which I have refused to sign for certain
streets would probably be signed when I
returned. There were some people so
anxious about my going that it aroused
my curiosity, and I concluded not to par
ticipate, and I delegated Mr. Reeves, of
the publicity committee, to respond to
President Chilberg for me, representing
Vancouver. J. P. KJGGINS. Mayor."
The contracts referred to by the Mayor
provide for about 150.000 worth of street
Improvements. The ordinances providing
for these improvements were signed by
Mayor Kiggins. without any protest. The
City Council, by a unanimous vote, ap
proved the contracts and authorized the
Mayor to sign them, the city charter pro
viding that the Mayor shall sign all con
tracts, but the Mayor refused, saying
that the prices were too high and would
work a hardship on the property-owners.
Mandamus proceedings were brought by
the contractors to compel the Mayor to
sign the contracts, and the hearing in the
case was set by the court for September 1.
It was given out that the Mayor would
sign the contracts If he was shown that
the prices were not too high, but when
at a meeting of the City Council Council
man McCarty rose and said he was pre
pared to show that the Mayor's conten
tion about the prices was wrong, the
Mayor refused to listen or to have the
matter discussed at all.
EXPECTS STORMY SESSION
(Continued From First Page.)
da! session. The committee arrived here
tonight, bringing with It witnesses It was
unable to examine In Seattle today. This
committee will report to the House be
fore the seesion expires, and will likely
ask to be. continued.
Recall Law Asked For.
As the result of disclosures by the Allen
and Halsey committees and by Police
Commissioner Tuerke in Spokane, a con
stitutional amendment is suggested here
tonight, providing for the submission of
a recall statute that may be applleJ to
any state or Judicial officer.
Governor Hay will eubmlt a message to
the special session, but It will not be sent
In before Thursday.
In this or some other message the Gov
ernor will probably take up the Income
tax amendment, the certification of which
was received by the Governor today from
Secretary of State Philander C. Knox.
It U predicted by Representative Edge,
of Spokane, that Washington will be the
flret state In the union to ratify the
amendment.
What Hay Will Recommend.
Governor Hey will recommend in his
message the passage of a bill granting
King County an additional Superior
Judge: an additional appropriation of
1K)0 for the Adjutant-General's printing
account; an additional appropriation for
the cruising of state capital lands; a bill
authorizing the highway commission to
buy & fifth site for a rock-crushing plant,
to be oparated by convicts, and an amend,
rreiit to the criminal code relative to
country saloon licenses.
The recent regular session appropriated
C29.M0 for rock -crushing plants and four
sites, but the state has obtained the four
sites without the expenditure of any of
the fund. Authority lb now desired to ac
cept a fifth site
The proposed amendment to tiie crim
inal code is to remedy an alleged defect
relating to the lack of requirement that
saloons shall be licensed In country dis
tricts. By repealing a general statute It Is
feared that the criminal code permits
such saloons to be so conducted. The
Governor may also recommend the enact
ment of an amendment to -the criminal
code penalizing the issuance of checks
against banks in which there are no funds
to meet the checks.
Schively Saying Nothing.
What move J. H. Schively, the Insur
ance Commissioner, now facing impeach
ment charge, will make is a matter of
speculation. His failure to attempt to se
cure depositions relative to acts commit
ted while Deputy Insurance Commissioner
has led to the belief that he has some
coup In view. Tonight both he and his
attorney. George C. Israel, refused to dis
cuss their plans.
"By 5 o'clock tomorrow we shall have
the Governor so busy he will not have
time to think of anything else," said At
torney Israel tonight. Both Schively and
his attorney accuse the Governor of being
one of the prime movers In the bringing
of Impeachment charges. Mr. Israel de
clined to make any predictions as to how
long the trial will last, but said that tfce
motions to strike the impeachment counts
relative to act committed prior to Schive
ly's becoming a state officer and the
general demurrer would probably be
argued at length."
Political Rumblings Heard.
The political situation In the south
west, due to the death of Congressman
F W. Cushman and the necessity of
electing a successor. Is also borught to
the front. One of the prominent candi
dates. Edward C. Finch, of Aberdeen,
accompanied by Mayor Ed Benn. of
Aberdeen, and J. R. O'Donnell, of Elma,
Is here looking after his Interests.
The direct primary law excludes from
the operation thereof the choice of can
didates to nil vacancies in special elec
tions and there is discussion here as to
whether the Legislature should amend
the law in this particular or permit the
candidates to be selected by the conven
tion method. Mr. Finch said tonight
that he and his supporters had not yet
made up their minds as to which form
of selecting the nominee they will fa
vor. Governor Hay will call a confer
ence of Southwest Washington political
leaders to discuss the situation, and will
probably follow the conference with a
message dealing with the subject.
Seattle promoters of the Duwamlsh
waterway project are here, headed by
Charles J. Chamberlain and James F.
McElroy. The Duwamish bill passed
the Senate In the recent special session
and a strong effort will now be made
to get the bill through the House. Gov
ernor Hay is not disposed to make. any
recommendations on this subject. The
bill does not call for a state appropria
tion, but provides a method of con
structing the waterway at the expense
of property benefited.
About one-fourth of the members of
the Legislature are here tonight.
WEXATCHEE BRIDGE REFUSED
State Will Not Accept Dynamite
nilled, Concrete Piers.
OLYMPIA. Wash., Aug. 10. The State
Highway Board lias refused to recom
mend the purchase of the Wenatchee
bridge. Their report to that effect is
in the hands of the Governor, who de
clines to make it public until he has
had opportunity to read it carefully.
Members of the Board refuse to talk
until tne Governor gives out the facts.
The Board found that In constructing
the bridge the workmen neglected to
sink steel bolts in the wet concrete
before the piers set.
xuter attempts were made to drill
Into the concrete to place the bolts and,
that operation proving slow, dynamite
was used. The result was the piers
were cracked for many feet. The bolts
were then placed, and the steel work of
.he bridge lastened to them. While
engineers say the work may last for
years end that the bridge sustained a
severe test, yet the Board members
refuse to endorse the purchase.
nous SWEATED
Br MRS. PARKER
She Recalls Statements
Made About Sutton For-
gotten by Him.
He
SAID UTLEY HATED SUTTON
Adams Pantomimes Shooting and
Discredits Doctors Admits He
Is Regarded as Mur
derer of Suttok.
ANNAPOLIS, Aug. 10. Mrs. Rose
Sutton Parker, whose testimony has
been looked forward to as of surpassing
interest in the Investigation of the
death of her brother, James N. Sutton,
Jr., took the stand today. She demon
strated that her memory of her Inter
view with Lieutenant Adams shortly
after her brother's .death was better
than was Lieutenant Adams recollec
tion on the same points. In his testi
mony as to what was said during this
six hours' interview the words "I do
not remember" frequently recurred.
Mrs. Parker was positive regarding
what was said and done.
Denied Chance to Tell AH.
It was notable from her testimony
that whether Adams and Sutton were
friends, Adams and Mrs. Parker parted
most amicably after a little dinner
party. Mr. Birney, counsel for Lieuten
ant Adams, did not press Mrs. Parker
to any extent on cross-examination.
This feature was a distinct disappoint
ment, and Mrs. Parker expressed herself
afterwards as having been most keenly
disappointed. She said .she would have
been able to say a great many things
to Mr. Birney that her own counsel
could not bring out on direct examina
tion. Adams Pantomimes Shooting.
Colonel Doyen, commandant of ma
rines; Lieutenant Willing and Lieuten
ant Adams again took the stand. . Ad
ams was mercilessly grilled by Mr.
Davis, counsel for Mrs. Sutton. He was
made to lie on the big table about
which the court sits and pantomime the
firing of the fatal shot. In his demon
stration he used an unloaded service
revolver, and as he Illustrated It the
bullet must have entered Sutton's head
at a different point and from a different
direction from that indicated by Sur
geons Cook and Pickrell. As Adams
aimed the weapon, the ball would in all
probability have come out of Sutton's
forehead from the back of his head.
Surgeon Cook testified that the course
of the bullet was downward and back
ward. Adams was plainly Irritated by
Mr. Davis' questioning.
Kennedy's Veracitj Sustained.
Sergeant-Major Hurlburt testified that
Private Kennedy, whose testimony at
the present Inquiry contradicted that
of some of the marine officers involved
In the case, had a good record. He
did not know Kennedy's reputation for
truthfulness, but he would believe any
statement he might make under oath.
To Mr. Birney the witness said he un
derstood that the men generally
thought Kennedy "bugs, more or less."
Lieutenant Willing said the cart
ridges taken from Lieutenant Sutton's
revolvers were taken apart by order of
the board of Inquest In order to decide
from which revolver. the service
weapon or his own. the bullet that
killed Lieutenant Sutton was fired.
Had Xo Thought of Suicide.
Mrs. Sutton, mother of Lieut. Sutton,
recalled to the stand at the re'quest of
her counsel. Mr. Davis, Identified two let
ters written by Lieutenant Sutton, one to
her and one to her brother. They were
chatty. Intimate and hopeful. That to
Mrs. Sutton was mailed the day b-jfore
Ll-utenant Sutton was ehot. Mns. Sutton
also identified a bill of lading as having
been written by her son. Mr. Davis of
fered it as evidence, showing that Lieu
tenant Sutton had no thought of suicide,
but looked forward with pleasure to going
around the world on the great cruise of
the United States battleship fleet In 1WM.
It was admitted by the court.
Charles H. Russell, a laundryman of
this city, was called as a witness and said
that on October 1. 1907, he received from
Lieutenant Adams a shirt, collar and
cufTs. bloodstained, one cuff having been
saturated and the right side of the shirt
bosom having a great deal of blood upon
it.. Russell was not cross-examined.
Mrs. Parker's Investigation.
Mrs. Rose Sutton Parker testified
that she started for Annapolis on the
day following hfr brothers death, pre
viously making preliminary arrange
ments for his burial at Arlington, D.
C, for as a suicide he could not be
buried in uie cemetery of the family
In Portland, Or., they being members
of th? Roman Catholic Church. She
was advised by Colonel Doyen, Com
mandant of Marines, not to look at her
brother's body on account of the con
dition of the head, which, she said,
showed a number of wounds of various
sorts. She told of receiving at the bar
racks clothing and other effects of her
brother's, and of sending them home to
Portland. Mrs. Parker told of inter
views In her room at Carvel Hall with
several of the young Lieutenants. She
asked that Adams see her alone, be
cause the Lieutenant seemed 111 at ease
when she met him. and because sne De
lieved he had information which he
would probably not give her In the
presence of others.
The interview lasted six hours. She
said she asked Adams to tell her every
thing about her brother's death and not
spare her feelings, and that Adams told
her of Lieutenant Sutton's unpopularity.
Reading from the record of Lieutenant
Adams' testimony, questions which the
latter had declared he could not answer,
as he did not remember, Mrs. Parker de
clared Adams had told her of the inci
dents of the fight that followed the auto
mobile trip to the dump."
Adams' Story of Killing.
She said Adams told her her brother
went for weapons, having declared he
would kill Adams, Utley and Osterman,
and then described the final encounter.
Mrs. Parker said Adams told her he
would not swear her brother committed
suicide; that he knew that if Sutton had
lived, his own life would have been in
danger; "that Sutton would get me."
Adams, she said, stated that Lieutenant
Utley hated Sutton, and had declared
some one ought to "take It out of him."
Adams told Mrs. Parker, she said, that
If Captain Marlx claimed Sutton owed
money, not to pay it, as Sutton owea
him nothing. After the interview Adams,
she said, accepted her invitation to dine.
Adams had told her that every one In
Annapolis believed he had killed Sutton.
She disclaimed to him such belief. Mrs.
Parker told Adams, she said, that all she
wanted was to prove her brother was not
a suicide, as. were he that, his mother
would, by her faith, be compelled to be
lieve her son's soul lost. She told Adams
if she could do this the case would be
dropped.
DEFENSE IS XOW COXFIDEXT
Mrs. Sutton's "Vision" Regarded as
Sign of Weak Ca6e.
WASHINGTON, Aug. 10. In a signed
statement today. Attorney" Birney, repre
senting the defendants in the Sutton case,
says the admissions of Mrs. Sutton on the
stand that she is without evidence to sus
tain the charges excepting what she ob
tained in a preternatural vision, dispels
all suspicion that Sutton's death was
caused by brother officers. The trial, he
says, established beyond cavil that none
of the officers charged was intoxicated,
that the party left the hotel on friendly
terms and that an altercation and fight
ing were commenced by Sutton, that Sut
ton was fairly beaten in a fist fight, first
with Adams and then with Osterman:
that Sutton threatened murder, armed
himself and resisted arrest, attacked the
officers, wounding Adams and would have
killed Roelker but for a defective cart
ridge; that the testimony of three sur
geons and the coroner showed no signs of
the ill-treatment charged by Mrs. Sutton,
and that the undisputed testimony of all
witnesses showed Sutton shot himself
with evident suicidal intent. Attorney
Davis, for Mrs. Sutton, also made a state
ment regarding the case in which the
court In producing Mrs. Sutton's letters is
severely- criticized. Clerk Harry M.
Schwartz, to whom the letters were writ
ten, refuses to explain how they got into
hands of the authorities.
The unusual proceeding of legal
counsel on both sides of a case in pre
senting arguments to the public
through the newspapers while the case
Is being heard in court occurred today
when Attorney Arthur Birney. repre
senting Lieutenant Robert Adams, and
Attorney H. E. Davis, counsel for Mrs.
James Sutton, both discussed in state
ments to the press the case now be
fore a naval court at Annapolis. At
torney Birney contended that Mrs. Sut
ton failed to produce any evidence
when placed on the stand to substan
tiate 'her charges.
"The admission of Mrs. Sutton while
on the witness-stand that she is. and
always has been, without any evidence
to sustain her charges and that they
originated in a prenatural vision,
should dispel the least lingering sus
picion in the public mind that Lieuten
ant Sutton's death was caused by his
brother officers, or that blame for It
should attach to them." said Mr. Bir
ney. Attorney Davis, In his statement re
garding the introduction yesterday of
letters written by Mrs. Sutton, declared
that "neitner Mrs. Sutton's counsel nor,
so. far as has been learned, any listen
er outside of those committed in ad
vance to a support of the finding of
the inquest, could see the least bearing
of either the letters themselves or
cross-examination on them upon the
question at issue."
XEW ACCOUNT OF SHOOTING
Marine at Boston Says Sutton Killed
Escaping Arrest.
BOSTON, Aug. 10. In an interview in
the Boston Post attributed to Sergeant
Arthur Todd, of the United States Marine
Corps, and made public today, it is stated
that if he should he called in the Inves
tigation in the death of Lieutenant James
N. Sutton, his testimony will be exactly
opposite to that given by Sutton's fellow,
officers. Todd, who has been on Tango at
Wakefield, left early today for Annapolis.
In describing the slicotlng, Sergeant Todd
said:
"I was corporal of the guard on the
night Sutton was shot and from the place
where I was stationed I saw a light fig
ure about 250 feet away.
"I saw Lieutenants Adams and Oster
man and recognized them. They were
near me. The man who was in shirt
sleeves started to run and I heard a voice
cry. 'Stop running. You're under arrest."
'The man ran on and once more I heard
the same voice cry out loudly, 'Stop run
ning or I'll shoot."
"The man paid no attention and ran on
and the next moment I saw a riasn ana
beard a revolver report. There were three
other shots, and the man who was run
ning dropped.
"I ran over to him and bent over him.
It was Lieutenant Sutton. I eaw a hole
In the man's forehead, where there was
a ragged entrance and a hole back of the
left ear where the bullet came out clean.
''Lieutenant Roelker came into the
guardroom, where I then was, a short
time before the shooting. He was with
a private named Richardson and they
had a drink together. At the time of the
shooting he was not anywhere near.
"The next morning enlisted men found
a revolver on the ballfield which was not
the regular service weapon, but a 32-cal-iho-
-ffalr."
Todd said at one time in conversation
tlint he had the bullet himself that killed
Sutton, but later stated that some one
else had taken it. He refused to state
finally whether he knew where the bullet
W86 or not. He said:
"Just after the shooting when I returned
to the guardroom Roelker came in all out
of breath and excited. He said: 'My God,
Archie. I think l'e been shot!'
"I laughed at him at first, but he was
so earnest about it that I felt in his left
hand outside pocket Just over his heart.
There was a drill regulation book there
and a bullet had become mushroomed in
the pages.
"Roelker was much excited wnen i
pulled out the book and showed him the
bullet and the way in which his life had
been saved. He stripped down to the skin
and there was a reddish tinge just over
the heart, showing Just where the bullet
would have gone had the book not inter
fered.
"Roelker and I talked the matter over
and we agreed that he must have run into
the fire of the bullets, one of which had
killed Sutton. Tlwre were four shots that
I heard in all and one of them, I am con
vinced, struck Roelker.
I have wondered more than once why
I have not been called to go before the
Court of Inquiry and tell what I know.
F
WEDDED TWICE IN HEAVEN
Insane Man Has Peculiar Delusions
About Personal Condition.
SAN RAFAEL. Cal.. Aug. 10. Raving
of a spiritual marriage contracted In
heaven, which he believes unites him to
two prominent society girls of San Fran
cisco. John P. Gallagher, a graduate of
the University of California, was com
mitted to the State Asylum for the In
sane at Agnews today.
A few weeks ago. it is said. Gallagher
escaped from a sanitarium in St. Helena.
FERRIS TO SUE RAILROAD
Man Acquitted of Dynamiting Train
Wants Heavy Damages.
BUTTE. Mont, Aug. 10. Louis Ferris,
acquitted recently of the charge of dyna
miting a train on May 1. 1908. brought
suit today against the Northern Pacific
Railway, Archie Reynolds and James
Reynolds to recover damage" to the
amount of $200,000-
INCH WILL
ESCAPE
T
GALLOWS
Supreme Court Affirms Sen
tence on Murderer of
Ralph Fisher.
NO GROUND FOR NEW TRIAL
Defense Loses on Every Point and
Accused of Calling Judge and
Juror as- Witnesses for Ul
terior Purpose.
SALEM, Or., Aug. 10. (SpeciaU "We
have thus examined every contention of
counsel, and can find no reason why a
new trial should be granted in this case.
We are not unmindful of the terrible
consequences of this decision to the de
fendant, but they are only aueh as the
application of law to his own conduct has
produced."
In these words the Supreme Court to
day concludes an opinion affirming the
lower court in the case of the btate vs.
James Finch and dooming the defend
ant to death. There Is believed to be
not one chance In a thousand of Finch's
securing an appeal to the United States
Supreme Court and nothing but a stay of
execution by the Supreme Court or a
reprieve by the Governor can prolong
his life beyond 60 days, although the de
fendant is expected to apply for a re
hearing, which may delay matters a
short time.
The opinion is written by Justice Mc
Bride and goes into every .contention
made by Finch's lawyers. Some of the
grounds urged as the basis for a rever
sal of the lower court are declared "far
cical" and "frivolous."
No Undue Haste in Trial.
The opinion takes up the assignments
of error as stated In the reply brief of
defendant's counsel. The first is that
the court erred In compelling defendant
to go on trial within eight days of the
commission of the crime. The court finds
that, while defendant's attorneys were
not formally retained until defendant
was indicted, they were present at the
Coroner's inquest and their conduct of
the case showed their familiarity with
It from the start.
The question of granting a continuance
on the ground of the absence of material
witnesses is taken us. and it is shown
that all witnesses were present except
two, Mrs. Finch and W. C. Piggott, that
Mrs. Finch's testimony was taken by de
position and that Piggott, had he been
present, would have testified to the same
state of facts as that brought out in
the testimony of the defendant and Mrs.
(Finch. ' It is admitted that Piggott's
testimony would have been relevant, but
the affidavit requesting a continuance did
not contain facts sufficient to enable the
court so to determine at that time. "The
granting or refusing of a motion for a
continuance is a matter in the discretion
of the trial court and will not be dis
turbed on appeal except for an abuse
of that discretion," declares the opinion.
Jury Not Prejudiced.
Owing to. the fact that none of the
cartoons or alleged inflammatory arti
cles of Portland newspapers were at
tached to any of the affidavits in the
case, it was impossible, in the opinion
of the court, for either the trial court or
the appellate court to pass intelligently
on the question of whether such arti
cles and cartoons were of such a nature
as to influence the public mind against
the accused. It is pointed out, .however,
that no exception Is taken to any ruling
of the court in regard to the acceptance
or rejection of any Juror, Indicating that
both sides were satisfied with the panel.
Regarding the alleged error of the' trial
court In permitting the introduction of
testimony regarding the disbarment pro
ceedings against Finch, the Appellate
Court holds that the disbarment proceed
ings were the motive of the killing and
that motive may always be shown in
prosecutions for murder.
The court holds that there was no error
In permitting the introduction of photo
graphic plates of Fisher's office. They
were offered to enable the witnesses to
gain a better idea of the general situa
tion of the office furniture, etc.
The Introduction of a photograph of
Fisher, taken when in health and
strength, Is held not to have been an er
ror, as It was done merely for the pur
pose of Identification and not to "excite
the passions or sympathy of the Jury."
Sought to Put Error in Record.
As to the cross-examination by the
prosecution of Edward H. Martin, who
testified to Finch's condition after being
received at the City Jail, the Appellate
Court holds that "acts or conversations
with third parties tending to show active
interest and partisanship on the part of
a witness In favor of the party for whom
he is. called are always admissible as
tending to show bias, and therefore going
to the weight and credibility of his tes
timony." Regarding the claim of error based on
the fact that Presiding Judge Bronaugh
and one of the Jurors were called to the
stand, the opinion declares: "Both the
Juror and the. Judge were called by the
defendant and upon such inconsequential
matters as to leave the Impression that
counsel in their zeal for their client were
seeking to get an error into the record
with a view to taking advantage of it
afterwards. Criminals would find an easy
method of evading Justice if the law were
so farcically technical that the trial could
be brought to a standstill and a new trial
obtained by the simple expedient of call
ing a Juror as a witness." The court
then cites the law to show that just such
contingencies are provided for.
The court holds that the objection to
the grand Jury is not well taken. Whether
the constitutional amendment of June L
1908, was in force or not, "the right to
Impanel a grand Jury existed."
Death Penalty Constitutional.
The Supreme Court, answering the ob
jection that defendant was not represent
ed by competent counsel, says: "These
attorneys were of his own choosing, and
the record here shows that they defended
him intelligently and zealously.
That they failed to secure his acquittal
is not surprising, in view of the testimony
disclosed in the record."
Several pages of the opinion are de
voted to the contention that the infliction
of the death penalty rs contrary to the
constitution. The section of the constitu
tion is copied from the Indiana constitu
tion, where opinions have held it to be not
inconsistent with the theory of punish
ment for reformation. The same point is
covered by an early opinion by the Ore
gon court.
Northwest People ih East.
NEW YORK, Aug. 10. (Special.)
Visitors from the Pacific Northwest
registered at local hotels today are:
From Ashland, Or. A. A. Conger, Mrs.
A. A. Conger, at the Bartholdi. ;
From Tacoma L- C Dennis; at the
Imperial ..
Merchandise of Merit Only
t
Dili ken
Dolls i
September Delineator on Sale
life Announce on Wednesday
A SALE
We use the word "Sale"
merely to draw distinction to
this event from the steady tide
of every-day business at reg
ular prices. These are not
"sale" suits, but the closing
out of garments reduced in
furtherance of our rule that
no goods be carried into another
season. These linen suits1 are
the choicest style of Summer
season, now at the height of
popularity. W e could easily
withhold the sale of these ,gar-i
ments for three or four weeks
yet, and. the price thai We
offer them today close s them
out in one day.
Linen Suits,
Regular $15.00,
$7.95
These linen suits come in
white and natural shades.
Coals cut 40 inches long,
trimmed with large jet
buttons. Skirts fashioned
in the wide popular flare style. .Not a suit in
this asssortment sold for less than $15.00. 7o
day we offer them at $7.95
Final Clean-Up
CHILDREN'S
COATS
Here is a sale of Children's Box
Coats, sizes from 2 to 6 years old, in
many pretty styles, colored gar
ments. These coats are, every one
of them, brand new, well made and
up to date. We have grouped them
in four lots and marked them at
prices that will save you more than
half the price of the coat. These
coats can be worn way into the Fall,
and at the prices are the very best
bargains ever offered in children's
outer garments.
All coats up to $2.00 98c
All coats up to $3.75 .... $1.69
All coats up to $5.00 .... $1.98
All coats up to $8.50 .... $2.98
A WASH GOODS CLEAN-UP, 5c
Final wind-up of our Summer business in wash'
goods. Our wash goods manager has taken
stock and collected together all of his new
Summer wash fabrics, printed batiste, Arnold's
suiting, printed lawns, poplin nets and other
fancy weaves. The value of these goods runs
as high as 25 cents. We put the entire lot
of about 3000 yards in a sale for Wednesday
at 5c a yard.
Others Test the Eyes
We Measure Them
Thompson bns the most scientific
eye - measuring instruments in the
optical field today. Eminent medi
cal authorities in London, Paris,
Berlin and Vienna have declared his
instantaneous method of eye meas
urements to be the greatest discov
ery made In optometry lu the 20th
century.
DIFFICULT CASES SOLICITED.
ONE CHARGE COVERS COST OF
EXAMINATION, GLASSES, FRAMES
THOMPSON
SIGHT EXPERT
SECOND FLOOR CORBETT BLDG,
FIFTH AND MORRISON.
If your rugs are dirty,
DIRTY through and
through, send them to a
cleaner.
But if they are only
dull from dust and soot
settling on the surface,
use Ivory Soap. It will
make them look like
new.
Directions: Make tiff
lather of Ivory Soap and warm
water (half a cake of Ivory
Soap will make a bucket of
lather) and 8crub rug, width
by width. Wipe with a clean,
damp sponge.
Ivory
9941oo Per Cent. Pure.
60
Soap
JAHN
Fine Line Best German Wavy Hair
Goods.
384 Yamhill St, 1S5 Wt Park. ,
Phones Main ' 6174, A 0544.