Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 10, 1909)
6 THE MORXIXG OKEGOXIAX. WEDNESDAY, NOVEMBER 10, 1909. BEfJSOfJ TAKES i ACTION FOR F Governor Greatly Worried by ;j People Who Seek Clemency I; for Friends. iiTOO MUCH TIME IS LOST JJ State Uoue Officials Suggest That 11 Board, of Pardons Be Provided a bjr Next Legislature Kelley Butte Victims Appeal. SAXXif, Or.. Nov. 9. (Special.) Gov I ernor Benson took no action today In the matter of the petitions for commutation ! for either James Finch or Harry Daly. A ', number of new protests were received ' today against leniency for either of the t Portland murderers. ! "The seance are becoming very trying ' and I am weary of them," Is the state . ment of the. Governor. "A large num. 1 ber of those who approach me on the '. nubject of pardons or commutations are women. Recently the wifa of Kenney. I the saloonkeeper whom Harry Daly mur r dered. was here and asked that Daly's sentence be commuted. Her plea was ', seconded by the. plea of Kenney'a ' brothers. Such things grind on a man's I nerves. , "In addition to the requests received ' for prisoners in the penitentiary there are ! scores of petitions In behalf of prisoners ' In the Jails. The greater number of these ' are from Multnomah County. Rock ' pile petitions are numerous. Prisoners at 1 Kelly's Butte frequently ask for par- dons after they have had a day or two ' of the strenuous life and they send up a I friend or a delegation of friends to In r tercede lr their behalf." ' C. N. McArthur. private secretary of ! the. Governor and Speaker of the last 1 House of Representatives, suggests that I the next Legislature create a pardon board, that will have meetings at stated times, when the petitioners could come i before the members and recite their de- 1 sires. It is plainly the opinion arouna ! the State House that the work devolving i zr the Governor is made doubly Duraen- some by the exhaustive hearings which i are required for petitioners. Tjtte this afternoon Mrs. James A Finch made her first call at the office of th Chief Executive and Drougni wnn her a long statement from the condemned man. She offered a personal plea in be half of her husband. She Is In a sacny shattered nervous state and appears on the verge of collapse. The statement from Finch is exhaus tive, and tonight the Governor had not found time to complete reading It. I ne statement Is principally a resume of the trial, containing no new material lea tures. and is largely along the line of contentions the convicted man has put up heretofore. felPREME COVRT DROPS FIXCH INCH Tribunal Refuses to Take I'p Case. i Cameron Against Pardon. ', John A. Jeffrey, attorney for James A. ' Finch, who is to be hanged Friday if l Governor Benson does not commute his t sentence, received word yesterday that " the United States Supreme Court has l refused to assume Jurisdiction of the " case. Attorney Jeffrey has forwarded to the Governor a petition for commuta tlon of sentence which contains 500 - names, and another with e names, nearly all members of the bar In Portland. District Attorney Cameron forwarded to the Governor a letter yesterday ad vlslng' against pardoning Finch. The " murderer had been given a fair trial, he said, and he could see no reason for pardoning him. J PALY MAY ESCAPE NOOSE Judge Gantenbein Says Public Sentl- J ment Prompted Death Penalty. Judge Gantenbein expressed his belief . yesterday that except for the fact that 1 public feeling was very strong at the time of Harry Daly's trial. Attorney ! Ralph B. Fisher having been murdered by James A. Finch, only a short time 2 before. Daly would have been convicted of second decree murder instead of mur l der in the first degree for the shooting of Harry Kenny in the latter's saloon. The trials of Daly and Finch began on s the same day. and both have been sen- tenced to be hanged on the same date. a "I understand that the widow, brother and nephew of Kenny have signed the ' petition for a commutation of Daly's sentence." said Judge Gantenbein. "I do I not wish to be understood that I un- qualifiedly recommend Daly's pardon, 1 but In view-of the fact that Kenny was a rascal, while Daly does not appear to be viciously Inclined, I believe im- prisonment In the penitentiary for the , rest of Daly's life will meet the ends of Justice. Judge GantenbeJn's letter regarding the """Daly case to Governor Benson was: November 4. 190J. To His Excellency. F. W. Benson. Gov ernor ot urffon. Salem.- Or. Dear Mr: Trior to and slue the receipt of your in ter of recent lal. reqiMtlnr a full state ment of the fa.-ta anrt circumstances sur rounding the case of Harry Dale, sentenced bv me to be hansed on -the i:th of this month. I hw slven his -case careful thought ard I asree with you that It pre "'sn' a jno.t pe-plexlng problem, i About a half year before the homicide ? Palv received a Mow on his head and knee, resulting tn serious personal Injures. Dur- In the rentl"ncy OI an anion ijr uauta. brought In the Federal Court, he was un- ab!e to p-rf-rm hard work and applied to llarrv Kenny, the debased, for assistance. and Knnv. who conducted a saloon on J F'trnsi.ie street In this city, gave him em t p!oyment as a barkreper at moderate wag-s. t but soon discharged him on account of his Intemperate hbits. Daly appears to have been unable lo secure other ..-mploymenl, and applied again to Kenny, claiming that Kennv still owed him some money for his ? services. The deceased denied that Na f owed him anything, and refused to employ him further. Daly repeated his demands t at Intervals and about a week before tha murder threatened Kenny that he would "fix hint." The nght of the tragedy the defendant J again called at the saloon of the deceased ? and demanded that he he paid the money a due him and be given employment, and tip a on being refused told Kenny he would kill a. i!m. Ths deceased replied. "You have said that before." walked from behind and a around the bar toward Paly, raising his I hands above his head, and added. -If you want to kill me. do It now." Daly t!en drew a revolver and fired one shot at Kenny, resulting in his death within "A hours. The defendant left the saloon, but l made no effort to escape, and was arrested a short time afterwards while taking a Urtnk In another saloon. a His case was set for trial on the same dare as that of tie defendant Finch. Kts a ti-fenee was insanity, but this was riis s credited bv the Jury, and he was con- viced of murder In the first degree. I do not believe r was Insane at the time h ? vommitted the crime, but the evidence i clearly showed that he had been drinking a very heavily s!m-.s meeting with the acel a dent, and particularly since his employment S by Kenny as a barkeeper. He testified that be had drunk a quart of whisky the day of the murder, though police officer ? who arrested him stated that at the time ft his arrest, about an hour after Che m ur- tier, he appeared to be sober. a aa Instructing the Jury 1 quoted the foK l . ' nnniiiiin rmrifli - . - - . .. ,Jr..-.. ... - . NOMINATED BY HIS FBIENTS . - : -; ' ., .- - C- V. KOH18AAT, OF CHICAGO. - CHICAGO, Nov. 9. (Special.) The friends of C. W. Kohlsaat have put him forward as a candidate for Minister to China because of his experience in Oriental countries gained when he was a commissioner of ' the St. Louis-Exposition and afterward Commissioner -General of the Jamestown Exposition. Mr. Kohlsaat is a Chicagoan. but he is now living In Washington, where he is director of the National Export Ex positions in South America. lowing- portion of section 1393 of Bellinger tfc Cotton's Code: "No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his having been In such condition: but whenever the actual existence of any particular motive, purpose or Intent Is necessary element to constitute any particular species or degree of crime, the Jury -may take into considera tion the fact that the defendant was ln toxlrated at the time, in determining the purpose, motive or inteut with which he committed the act.' In view of the convicting testimony ther might be a reasonable doubt as to whether Iaiy, at the time he committed the homi cide, was in a condition to entertain de liberation and premeditation necessary to constitute murder in th-a first degree. Th petition for commutation appears to be signed by a large number of prominent citist-ns. including live of the Jurors, and there also appears to be a request from the brother of Harry Kenny the murdered man. asking that the death sentence be com muted. Moreover. I am advised that sev eral of the Jurors could not be found after diligent search. After a conference with counsel for tne defendant and the representative of the Dis trict AttorneVs office who prosecuted the defendant, and in view of all the facts and circumstances surrounding the case, 1 feel that if assuranco could be given that a life sentence in Daly's case would actually mean imprisonment for life, the end of Justice would be met by a commutation of his sen tence to life imprisonment. i , . LOST MAIL SOON TRACED Amount In Registered Letter Found on Carrier. PRINEVirXE, Or., Nov. 9. United States Postoffice. Inspector Durand, as sisted by a special United States Mar anal has succeedei In unraveling a case of alleged rifling the malls at Madras. About October 20 there dis appeared a registered letter en route from the Culver Postoffice, between the Madras office and Shanlko, which contained a remittance of funds from the Culver Postoffice. Other registered matter of less importance was also re norted missing at the time, but Post master Fred Davis, of Madras, was un able to ascertain the value of any ex cepting the letter from Culver, which, according to reports from that office, contained currency and gold to the amount of mora than $100. Willie Craig, the young man who was carrying the mail from Madras to Heis ler. the transfer point to the main line for Shanlko. came to the Grizzly sta tion and asked a young woman there to heln him count a sum of money, the total of which was suspiciously near the amount missing from the malls. This thread of evidence was lonowea for a fiw hours by the officers, with the result that young Craig was ar rested and started to Portland at once. where ho will be charged, it is said, with the rifling of the mails. Craig's father Is mail contractor from Grizzly lo Lamonta and his uncle has the contract from Madras to Heisler, and had his nephew employed when the theft occurred. ASYLUM BIDS REJECTED New Proposals Are Asked ty Board of Trustees. SAIEM. Or.. Nov. 9. (Special.) Falling In the last batch of hide to receive any proposals fitting tneir neens ana wisnee, members of the Board of Trustees of the Oregon State Insane Asylum, through C. N. McArthur, secretary of the board, to day Issued a new call for bide and plans and specifications t be in the hands of Pr. R. B. Lee Stelner. superintendent of the asylum, by the afternoon of Decem ber li." The available appropriation is Jfi8,IP0 and the bids for the structure must fall under thla amount: The asylum buildings are now regarded ae in a dangerous con dition, owing to the inefficiency and the antiquity of the heating system. A RAINCOAT SALE. Over 10O high-grade raincoata on sale today at reduced prices: all colors in Moire, silk and Mohairs: also, great values In women's sample wilts and coats, McAllen-McDonnell, Third and Morrison. . Gresliam Loses Route. GRESHAM. Or., Nov. 9. Special.) By order ' of the Postoftlce Department, Gresham will lose one of its rural routes on December 1. Route No. 5 will be transferred to Boring on that date, tak ing with it about one-half of its patrons. The remaining portion has been allotted to routes 2, 3 and 4 by a readjustment of the schedules. Route No. t has been In creased four milea In length, route No. 2 about the eame. wl:ile route No. 4 has been changed about and made shorter than before. Today positively the last day for dis count on West Side gas bills. Read Gas Tips, ... FOR MINISTE3 TO CHINA. X ' :: '!-''- -..w-x; .... , "SSfrs : ITER USERS RILED Klamath's Griefs Aired Before Visiting Senators. VEILED CHARGE OF GRAFT Federal Committee Hears Com plaint About Way Money for Ir rigation Project Has Been Spent Probe Is Urged. , imja.ua i n rnJjuD, . " . loi'cLiaj.j ' Tho Ranalirlal rnmmlttc. nn Irritrnftrtn and reclamation of arid lands, consist ing of Senators Jones, Carter and War ren, arrived here at 7 o'clock this morn ing on a special train and left at 4:30 P. M. The committee epent'the morning In viewing a portion of the Klamatli project and in the afternoon they met with the directors of the Water User Association at the Courthouse and lla tened to answers previously submitted by the committee and interpreted dlf- ' Borne complaints were: Reclamation of ficials charged with inefficient service, poor construction and delay; water prom ised at $18.60 per acre, SJ30 now demanded; demand for extension of time on pay ments to 30 years and a special agent appointed by the Secretary of the In terior to visit projects annually to inves tigate conditions. In conclusion the directors stated: "Willie this board is very reluctant to make charges of 'graft.' yet we are In the dark ae to where all the money has gone, and until we are given a state ment of expenditures, the people here will always have a suspicion that matters have not always gone as they should In the handling of reclamation funds. We earnestly recommend investigation of thfe project and that we be represented at the Investigation." 'HUNGER STRIKE" OF BURGLAR IS FORCIBLY BROKEN". Nine Raw Eggs and Two Quarts or Milk Forced Into Stomach by Tube In Nasal Passage. SEATTLE, Wash., Nov. 9. 'Special.) Nine raw eggs and two quarts of milk, shaken together, formed the first real meal In eight days to find Its way Into the stomach of William Williams, the First Presbyterian Church burglar, who was captured by Sergeant Westedt and Patrolman Wayne at Ballard November 1. The eggs and milk were forced into Williams' stomach with a rubber bulb by way of the nasal passages. Ever since the morning of his arrest, when he began shamming Insanity and carried it to the point of bumping his head agaipst the steel door of his cell in the City Jail. Williams has refused food as he lies handcuffed on his bed In the City Hospital. At various times the nurses and surgeons have been able -.to force small quantities of liquid food down his throat, but he has bitten so many rubber tube to pieces that this method had finally to be abandoned. The heroic treatment of administering food through the nasal passages was . decided on and carried into effect last evening. Williams fought against taking his food in the manner prescribed, -but he had been se curely bound to hi bed. $90,000 OF ORE IN SIGHT President Mining Company Blocks Out Task for Winter. j I COTTAGE GROVE, Or.. Nov. 9. (Spe cial.) A. P- Cliurclnll. president and man ager of the President Mining Company, located on Montorica ridge, Bohemia dis trict, is in Cottage Grove for the purpose of laying In supplies for this ' Winter. : Mr. Churchill says his company has (90,009 worth, ot ree-roiUing ore blocked BUM b tUtlYlA QUICKLY SPREAD Started Like Ringworm on Hand Hand Swelled and Then Humor Spread to Arms, Legs and Face It was Something Terrible. PRESCRIPTIONS FAILED: CUTICURA CURED HIM "I have used the Cuticura Remedies for a very bad case of eczema with com plete success. About fifteen or eighteen years ago the disease developed in the shape of a large pin head on top of my hand. It burned and itched so much that I was compelled to show it to a doc-, tor. He pronounced it ringworm, and made very light of it. He gave me a wash and told me to apply it before go ing to. bed and all would be over in the morning. But the next morning my hand was'all swollen up and I poulticed it. When the doctor came to his office I showed him the hand and to my sur prise he told me that he had never ex perienced 6ueh a case in his practice and said it was well I poulticed it. After trying his different remedies the disease increased and went up my arms and finally to my thighs and legs generally and finally on my face. The burning was something terrible. After I had tried this doctor, as I thought, long enough, I went to another doctor who had the reputation of being the best in town. He told me it was a bad case of eczema and that it would take quite a while to cure it. His medicine checked the advance of the disease but no fur ther. " I finally concluded to try the Cuti cura Remedies. I bought a cake of Cuticura Soap, a box of Cuticura Oint ment and a bottle of Cuticura Resolvent and found relief in the first trial. I con-, tinued until I was completely free from the disease and I have not been troubled with another attack since. I still use the Cuticura Ointment in my family as it is one of the best remedies to heal a sore or other injury rapidly. I can freely and truthfully say that the Cuti cura Remedies are the best so far as my experience went with them and I am stiu recommending them, feeling sure I am not making a mistake. C. Burk hart, 236 W. Market St.. Chambersburg, Pa., Sept. 19.. 1908." 'Complete External and Internal Treatment for Every Humor of Inlanta. Children and Adulta con ista or Cuticura Soap (25c.) to Clennse tile Sun. CuUcura Ointment (S0c.) to Heal the Skin and Cuti cura Resolvent (50c ). (or In Uio form of Chocolate. Coated pule. 25c. per Tlal of 60) to Purify the Blood. ' Sold tarouKhout the world. Potter Drue 4 Chem. Corn.. Sole Props.. Boston. Muss. a-MaUed Free. Cuticura Boos on Skin Dlaeaaaa. out. The ore averages $52 a ton and the ore-body is three feet to three and one half feet In width. ' The company -will run a cross-cut this Winter to tap the rich ore-body, 300 feet below its present workings. S. J. Brund has Just completed the in stallation of a two-stamp mill, triple dis charge, on his Sweep-stake claim. In Bo hemia district. The mill began crushing 'ore today. The ore body te six feet wide and the entire width Is rich In free gild. Mr. Brund has sufficient ore blocked out to run all "Winter. SALEM COUNCILMEN TIE They Will Draw lots for Place on Xext Ballot. . . . . SALEM. Or., Nov. 9. (Special.) In the city election a straw -will show which way the wind blows for the Republican nominee for the council in the First "Ward. It was discovered at the official canvass of last Saturday's primaries, taken this morning, that F. H. Berger and H. A. Johnson, have a tie vote for the short-term Republican candidacy and - it will be necessary to draw straws to de cide who will have a place on the official ballot at the election. The official canvass also shows that A. N. Moores, present incumbent In the Second Ward, though defeated for the Republican nomination, has secured the Democratic nomination with -two votes. His name will thus appear on the ballot. Revolution Derays Mails. WASHINGTON Nov. 9. On account of revolutionary activity in Nicaragua, malls usually dispatched to Bluefields and other Atlantic Coast ports of that coun try which have been held at New Or leans will, by direction of the Postmaster General be. dispatched to such coast towns. Druggists in Convention. LONG ISLAND CITY, N. Y., Nov. 9. Three thousand retail druggists attended the convention of the National Retail Druggists here today. Decree Sought After 3 6 Years. PENDLETON, Or., Nov. 9. (Special.) After having been married for 38 BANK ACCOUNT Establish- business standing and . credit with everyone with whom you deal by' maintaining a bank account and paying . for every thing by, check. No man , succeeds who does not adopt prop er business methods. We place no re strictions on amount required to open an account. . MERCHANTS SAVINGS & TRUST, COMPANY Corner Sixth and Wash ' ington Streets. J. Krank Watson. President. R. L. Durham, Vice-President. W. H. Fear, Secretary. -- S. C. Catching, Asst. Secretary. O. W. T. Muellhaupt, Cashier. E. M. Hulden, Asst. Cashier. . George N. Davis, Trust Officer. Stanley Baker, Realty Manager. WE DO ALL KINDS OF ARTISTIC PICTURE FRAMING Cut Glass On Sale at A Fourth Off BALANCE OF WEEK $2.50 Vases on sale at. .. .$1.87 $3.00 Comports, each .... . $2.25 $15.60 Comports, each. . 11.2o $3.75 Bowls, during sale". .$2. SI $14 Bowls, during sale. .$10.50 $50 Punch Bowls, sp'l. . .37.50 $75 Punch Bowls, sp'l. . .$56.25 $3.50 CandleAicks, each..$2.62 $7.00 Candlesticks, each.. $5. 25 $8.75 Finger Botfls, six. . .$6.56 $11.00 Finger owls, six.. $8.25 $5 Cake Trays, on sale for $3.75 $6.00 Celery Trays, 'each. .$4.50i $7.00 Wine Decanters at.. $5. 25 $15 Wine Decanters at $11.25 $3.50 Tumblers on sale for $2.62 $9 Creamers and Sugars. .$6.75 $9 Cigar Jars on sale for. .$6.75 $4.50 Cigarette Jars for... $3.37 $3.50 Cruets, assorted, for $2.62 $4.00 Mayonnaise Bowls. .$3.00 $27.00 Lamps, special. . .$20.61 $5.00 Pitchers, each, only. $3. 75 $20.00 Pitchers, each .... $15.00 $1.25 Nappies on' sale at.'. . . .03 ' $2.25 Spoon Trays, each.. $1.68 $2 Salt and Pepper, pair. .$1.50 $9.00 Liquor-Jugs, special. $6. 75 years, P: M. Van Slyke has brought suit for divorce against Lena L. Van Slvke, alleging desertion. The parties AN ODD MISTAKE THAT WOMEN MAKE .Women are Inclined t fall into a mistaken idea that any pain about the hips or.inthe small, of the back is "female-weakness," and must be en dured as a trouble peculiar to the sex. Such patience is noble, -but too of (n unnecessary and unwise. Kidney weakness, in man or woman, will cause backache, sharp twinges when stooping: or lifting, bearing-down pains, fits of "blues," nervousness, diz-i ay spells, headaches, urinary disorders and swelling of the ankles or limbs. This Is the point: Do not worry over supposed female weakness until you are very sure U .Is not kidney disease that is causing your troubles. The nature of a woman's life and work makes her -fall an easy victim of kid ney sickness.- The bending and stooping of housework, the tight clothing worn, the strain .of childbirth and worry, of rearing children, the in door life, colds, fevers an- constipa tion, all wear and weaken, the kid neys. . Backache, or any such Irregularity as the too frequent desire to irinate, pain ful or scalding passages or- sediment in the urine is good causa to judge that yoithave weak kidneys. rrhen begin using Doan's Kidney Pills which have brought new life and strength to thousands of women. It Is DOAN'S KIDNEY I IftteTMntsTtsa Sold Iiy all dealers; Russian Brass One-Fourth Off Lovers of choice pieces in fine Hand Hammered Brasses . Avill be pleased to know that we have just fe ceived a fine new lineof ex- quisite pieces, including smokers' ash trays, single and in sets, with and without cigar and match trays, also smokers' stands and a full line of other brass pieces, use ful as well as ornamental at One-Fourth Off CROSS LONDON GLOVES, PAIR $1.50 All Shades of Hair For Two Days Only CANADIAN MONEY TAKEN AT FACE VALUE to. the ' suit are well-knOwn residents of Milton, and have lived in Umatilla County for many yea's. They were Typewriter Sales last month broke all records for 30 years. Remington sales this year greatest in history gain over last year 70 per cent. The Remington leads in sales, in quality, in service, in every" attribute of leadership. Remington Typewriter Company (Incorporated) ' i 249 Stark Street, Portland, Ore. Overlook the Real Cause of Common, but Mysterious -Aches and Ills. IveryPktute Tells A Story. Price 5o cents. Fosttb-Milburm Co.. Buffalo. I f J .11 IV Ladies who have found diffi culty in matching their hair will be glad to know that by special arrangement we will be able to match all shades in switches, coronet braids, etc. Wednesday and Thursday only at Hair Section. married In Cherokee County, Kansas. In June, 187S, and have six children from 14 to 35 years old. - " your duty to self and family not to neglect nor overlook the first symptom. Don't wait for a serious case of dia betes, dropsy, Brlght's disease or grav- , el to develop. Doan's Kidney Pills is a simple veg etable remedy, yet very quick in its healing and strengthening action on' the kidneys. It contains nothing of a narcotic, poisonous nor habit-forming nature and can be taken by any man, woman or child, of even the most deli cate state of health. PORTLAND PROOF. Mrs. A.' S. Cummlngs, 244 Clackamas St., Portland, Or., s&ys: "Kidney complaint and backache clung to me for a long time and often I had very severe attacks. Sometimes there was a dull, heavy ache over my kidneys, then again I had sharp pal.is in the small of my back. The kidney secre tions passed too frequently and often distressed me. I tried several remedies, but with poor results, and I was final ly induced to take Doan's Kidney Pills. They helped me quickly and. continu ing their use, I soon found relief from the aches and pains. My kidneys were also strengthened to a great extent. I recommended Doan's Kidney Pills in the local papers three years ago, and I am glad of this opportunity to con firm my former testimonial." PILL N.Y.. Proprietors. IftheftlnhTbd J A