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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 12, 1909)
TIIE MORXTXG OREGOXIAX, FKIDAY, NOVEMBER 12, 1909. M. -X - i a a ii - . . . . SEAL TRAGEDY IS RELATED TO JURY First Witnesses Fail to Con nect Mrs. Maddux With Auto Killing. DEFENSE SHOWS ITS HAND Attorney Jeffrey Brings In Xme of Julias li. Meier and Denies De fendant Was on Linnton Road Fatal Jflght. Mrs. Hazel Maddux, accused of man slaughter for the accidental death of Mrs. May Real, on the Linnton road early on the morning of August 5. was placed on trial before 12 Jurymen in Judpe Cleland's department of the Circuit Court yester day. The examination of prospective Jurors began at 9:30 o'clock in the morn Inn, and the jury was secured Just after noon. Before court adjourned last night three witnesses had testified for the state, but had failed in any manner to connect Mrs. Maddux with the tragedy. It became evident soon after Attorney John A. Jeffrey launched into his open ing statement for the defense, early yes terday afternoon, that the name of Julius I Meier is to be brought into the case, at least incidentally. "Soon after the tragedy. George W. Joseph. Mr. Meier's attorney, began to take a very active part in an effort to find somebody upon whom to lay the blame for Mrs. Real's death." aid Mr. Jeffrey. "Private de tectives from the Meier & Frank store also took a sudden and keen interest in this case. Constable Wagner also 'got busy.' Says Scapegoat Was Sought. "Gentlemen of the jury," continued Jef frev. "we will not" attempt to show who is "responsible for thia accident. But somebody from some motive lias tried to find a scapegoat on whom to load this affair. We shall sHow you by competent testimony mat Mrs. Maddux was not out on the Linnton road that night. We can satisfactorily account for her where abouts from 1:13 o'clock the morning of August 5 until 2:30 o'clock the next after noon. Neither Rodman nor Mrs. Maddux were on the Linnton road the night Mrs. Real was run down." As her counsel made these statements to the Jury. Mrs. Maddux sat behind George W. Caldwell, associated with Mr. Jeffrey In defending her. dressed in a blue suit, black bat and long white boa. At first she wore a vei'. over her face, but later In the afternoon she raised it, apparently for comfort's sake. She took a keen interest In the testimony of Elmer Krskln. John Kids and Dr. Theodore Fessler. the state's witnesses, until A. S. Klncaid. one of the Jurymen, a barber at Troutdale. began to draw a pencil sketch, glancing up at her at frequent intervals. Then she divided her attention between the witnesses and the would-be artist. Many Women at Trial. Clifford Maddux, husband of the de fendant, and a patrolman, sat just be hind her, watching every move on the part of attorneys and witnesses. Judge and Jury. Behind him in the narrow courtroom sat a crowd of women, the most of them witnesses. After the noon ' recess there were fewer, it being evident that they would not be called on to testify yesterday. Every available Inch of standing room in the courtroom was taken. F. L. Kelly was called by Deputy Dis trict Attorney Fitzgerald, after Mr. Page had made the opening statement for the state to the Jury. But Kelly was not present, so Elmer Erskln took the wit ness stand. He said he Is employed at the barn of the Portland Gas Company, at Second and Pine street, and that last August he was employed at the gas company's reheater, at Third and Flan ders streets. "It was about 8 o'clock on the night of August 4." said the witness, "that Kelly stopped for me and I climbed Into the automobile to go for a lark. We drove first to Eide's saloon, on Alder street, between Second and Third. Wo then went to the Princes Hotel, on the East Side for Mrs. Real, who was killed, and Mrs. Driscoll. From there we went to the Steel Bridge Exchange, where we took In Mr. Campbel Mrs. Strycker and a German woman, whoso name I do not know. We then debated whether we should go out the Base Line road or the Linnton road, deciding at last upon the latter. It was a clear, moonlight night, and was chilly. Cliff. Inn Is Visited. "Our party stopped first at the Lake View roadhouse. on the Linnton road, starting from there for the Claremont Tavern. But when about a mile from,the Linnton resort. Elde pulled out his watch and forgetting that the IJnnton road house fe outside the city limits, told us It would be useless to go farther, as we could secure no drinks after 1 o'clock. "A tire on the machine had exploded on the way. and Kelly had repaired it. i on the -way back to Portland our en- tire parly went up the steps to the Cliff Inn. leaving1 the automobile standing on tfie side of the road. I saw a red auto mobile standing on the Cliff Inn. drive about 30 feet from the tavern, as we entered. Another automobile, which- I cannot describe, drove in front of the roadhouse door before we left." In telling of the tragedy. Elde. who followed Erskln on the stand, said: "We had proceeded only a short dis tance when the tire was punctured again. This was repaired, but blew out a third time. Then It was suggested that we take a walk to keep warm. Two of the women remained In the ma chine. Campbell. Mrs. Real. Mrs. Driscoll and myself starting up the road. I had started to return. Mrs. Real being about tire feet behind me. when I saw a flash over my shoulder and had just time to Jump to one side as a heavy automo bile whizzed past. I saw Mrs. Real was struck, and yelled to the other mem bers of the party." Neither Elde nor Erskln could de scribe the fatal car. except to say that it was a five or seven-passenger car. As the car passed nim Erskin said a man in a light suit who was driving rasled his hand and said. "Oh. my God!" Krskln said the speed of the machine was increased as it passed him. vhen he heard the thud as the automobile ran over Mrs. Real. Erskin said he thought another tire had been punc tured. - Body Badly Braised. After the accident a taxicab passed, going north, an automoible going to town, and another machine later. All these stopped for the occupants to ask what they could do. he said. tide said Mrs. Real was rolled over ly the car -which struck her. one of the wheels passing over her body. Her clothing was torn in strips, he said. Dr. r'essler testified he examined the woman at the morgue and found that the cerebral vertebrae had been broken and the limbs badlyrulsed. Mr. Caldwell scored a point for -the defense when he secured Eide's admis sion that the accident was Wednesday morning instead of Tuesday morning, as the Indictment charges. The Jury which is trying the case is as follows: John PhidelU carpenter: J. D. Neer. re tired: O. Sieber. storekeeper and -farmer at Lent: A. J. Morgan, farmer "f the Colum bia louh eetion: J C- McGreir. a money lender of Lnt: H. P. Kimball, contractor: W. S. McEIwee. salesman: J. D. Johnson, a farmer of Greaam: Edward Tbun. black smith on the Powell Valley road: Frank 8. :.'ew, line foreman for lbs street raJlway: Jchn J. Moll, farmerj A. 6. Klncaid. barter at Troutdale. "JOT" RIDER" GETS SEXTEXCE Harry Holland. Who Drove Fatal Car, Is Then Paroled. Harry Holland, accused of stealing William M. Iadd's automobile, and a large quantity of gasoline on September 19. the night of the fatal Joy ride in which Mrs. "Dolly" Ferrera was killed, pleaded guilty to larceny in 4udge Mor row's department of the Circuit Court yesterday morning. The young man was sentenced to serve two years in the Ore- t r- f ii - -.-- Prfrr Taylor. Father of Ex-City I F.nclneer Taylor, Who Died Yesterday. gon Penitentiary, and was placed on parole to Chief Probation Officer Teu scher. of the Juvenile Court. He must report once a month. In passing sentence. Judge Morrow said that he did not wish to make it hard for Holland to secure employment.' "But the practice of misusing private cars must stop," said the Judge. He com mented at some length on joy riding, and the clear-headedness required in the chauffeur who attempts it. The court went on to say that if Holland deports himself properly during his parole, and abstains from alcoholic liquors, the Judge will do what he can to restore him to citizenship. For two years Holland must not leave the state. Attorney George F. Brice appeared in court as Holland's counsel, while Deputy District Attorney Vreeland represented the state. Mr. Vreeland expressed him self as satisfied with the young man's plea and his parole, saying he would do everything he could, personally, to aid Holland in securing work. Holland and John Robertson took the three Mever sisters and "Dolly" Ferrera for an automobile ride to the Twelve Mile House on the night of September 19 After having a round of drinks at the roadhouse. the party climbed Into the auto. Robertson taking the wheel. He was driving rapidly, and plunged the machine over the bank In attempting to make the sharp turn at the gravel pit. Mrs Ferrera was pinned under the front seat of the machine and instantly killed The arrest of Robertson and Hol land followed. A manslaughter charge rests against Robertson, and his trial is set for next Thursday. GIRL COMPLAINANT VANISHES Lena Boyd, Who Accuses Johnston McCulley, CanH Be Found. Where is Lena Boyd? The District At torney's office is making every t locate her aa e-ho is the complaining wltne against Johnston McCulley. being held in the County Jail on a statutory charge. McCulley's trial was set for last Monday, but a continuance was asked, as the complaining witness could not be found. . Tho District .attorney's office received information that the girl tad left the city a week before. This was supple mented with tho report that she and her mother. Mra Isabella Boyd, had gone to Indiana, their former home. Deputy District Attorney Fitzgerald be lieves that someone has induced the girl to leave the state. She is only 15 years old - McCulley is a magazine writer and was connected with the Lyric Theater , press agent. A young man named Churchill, an usher at the theater, was indicted with him for a similar offense. WIFE CCT OFF WITHOUT CENT E. C. JLasche's Charges Are Found True by Court. Circuit Judge Qatens decided yesterday morning that E. C. Lasche, of the Covach Fish Company, Is entitled to a divorce from his wife. Emily M. Lase. Judge Gatens' decree cuts the wife off with no Interest in her husband's property. The court found the charge that she sat in the lap of H. Eckenberger and hugged and kissed him to be true. Eckenberger said Mrs. Lasche was crying, and that he caressed her "as a brother. - Judge Gatens found also that Mrs. Lasche frequently remained away from her husband all night, that she locked him out so that he waa compelled to climb in the window, and that she was often drunk, once staggering up Fifth street, much to her husband's mortifica tion. ... . E. R. Ruffner brought a divorce suit in the Circuit Court yesterday against Mrs. S K Ruffner. his wife. He says she deserted him November 1. 190S. They were married at Slielbyville. Mo.. May 5. 1895. $-30 DAMAGES DEMANDED Oregon Electric Blamed for Death of F. J. McKinley. Because Frank J. McKinley, a brake man for the Oregon Electric Railway Company, was knocked from the ladder of a freight car on February 18. being run over and killed by the moving cars, Walter C. Smith, the administrator of his estate, has brousht suit against the rail road company to- secure $7500. It is alleged in the complaint that the company failed to place its posts for igns and signals far enough from the track so that a man on the freight-car ladder would not be struck. It was one of these posta which knocked McKinley under the car. - Mining Company Is Defendant. p.- L. Austin tiled suit in the Circuit Court yesterday against the Poticie Min ing Company to recover $23)0. He alleges he advanced this amount to the company with the understanding that he was to be reimbursed. Pioneer Had Active Part in Early Life of Portland. CROSSED PLAINS IN 1852 - , Heart Failure Results in Death of Member of Exempt Firemen and One of Founders of Willam ette Iron Works. When death closed down the eyelids of Peter Taylor yesterday morning, there passed out a man who had borne a strenuous part in the early history of Oregon and its chief city. Surrounded by his children, grandchildren and others. . death closed a life of use fulness, and which had been rounded out in completion of the amiiitions and pur poses that actuated the pioneer in fight ing his way to the extreme West. The death occurred at 3 o'clock yes terday morning at the family home at 227 ' Carruthers street, the Immediate cause being heart failure as a result of general debility, and following 87 years of active life. Early in the night Mr. Taylor called his daughter. Nannie, to his bedside and gave final instructions concerning his ' affairs and the simple funeral arrangements desired. The burial will be from the late home. Pall-bearers have not yet been selected. A committee of the Exempt Association of Volunteer Firemen will attend, and will present a floral piece made to repre sent a fireman's ladder. Mr. Taylor came to Portland in 1852 as a cabinet-maker, but soon became en gaged in the foundries of tfle city as a pattern-maker. In 1865 he assisted In the organization of the Willamette Iron Works, retiring from active business in 18S1. In 1S63. on July 29. lie became the mov ing spirit in the formation of the volun teer fire department, which performed exceptional service during the earlier years of the history of the city. Among hfs most cherished souvenirs was a badge of the old Vigilant Hose. For SO years Mr. Taylor was president of the Exempt Association, formed immediately follow ing the Are of 1873. -which wiped out the waterfront buildings. After utilizing all donations necessary for the relief of stricken citizens it waa found that $1600 remained unexpended. That money was used as the nucleus of the organization of men who had served seven full years In the department. At this time it has accumulated- to more than $12,999. A stirring incident of the career of Mr. Taylor Is recounted in the diary of W. S. Failing. In 1861 a party of 19. Including Mr. Taylor, left Portland and started for the John Day River, in search of goldi deposits, reported by a party of French prospectors. It was on this trip that Buel Woodward was shot by Indians. E. W. Quinby waa also a victim to the ex posure Buffered by the party. The men were the only whites in what Is now Sherman County, and suffered miserably in their search for the yellow sands which were never found. Mr. Taylor was an incorporator of the old Mechanics' Fair and to the day of his death maintained an active interest in the promotion of those interests tending to the advancement of the city and state. Ho immigrated from Muscatin, Iowa, coming overland. In 1853 he was Joined by his wife and oldest child. They came to tne Coast by way of the Isthmus and were in the party which Included the late Mrn. Anna Donovan. Mrs. Taylor died in this city March 7. 1907. They are sur vived by the following named children: Mrs. Sophia Pratt, Douglas TV. Taylor. ex-City Engineer "of Portland; Nannie Taylor and Mrs. Nellie Shipley, the lat ter residing at Oswego. The estate will aggregate approximate ly $50,000 and is disposed of by a will left In Mr. Taylor's desk at the family home. It will be opened after the funeral. Boys' Specials FRIDAY AND SATURDAY BULLETS TO STOP MUSIC HOSPITAL ORDERLY EMPTIES GCN AT GERMAN BAND. Leaden Missiles Fly Around Devoted Musicians, but Fail to Check Harmony. With bullets flying round them like rain, that gallant German musical organ ization, generally known as "The hungry seven," Wednesday morning played gal lantly on with the dying and suffering surrounding them, even as their fore fathers did on the field of Sedan. Its quite true the dying and Injured were safely tucked In beds at the Good Samaritan Hospital, but that in no wise lessened the heroism of the gallant band, who probably in future will be known as "The heroic seven." Without even a color flying by which they might be cheered in their bid for glory, the seven dispensers of inharmoni ous melody stood their ground on Love Joy street, the while Albert L. Selford, a hospital night orderly, from his room in the attic of the old hospital building poured a hail of lead from a magazine revolver. - They had committed the crime of wak ing Selford . from his sleep. For that crime they must die. Hence the shots. But what recked the band of bullets. Echoes answer nothing. Over their heads and splashing in the mud around flew the bullets, while the band played on about "bombs bursting in air" to the tune of "The Star-Spangled Banner." Patrolman S. B. Vessey, said to have been sitting In one-of the wards, with the aid of Harry Leslie, a hospital employe, located the gunman, who said the band had kept him awake. As the band made no complaint, but played steadily on, possibly with an eye to the shekels, the cop made no arrest, but administered a verbal lashing. The hospital presented Selford with the "sack," while endeavoring to hush the matter up. But the hungry ones were not playing at the hospital yesterday. No, indeed. It was the far East Side for theirs. REPUBLICANS PLAN FEAST State Leaders of O. O. P. Get To gether November 24. Republican leaders of, the state will meet in a social way a.t the monthly smoker of the Union Republican Club of Multnomah County, to be held in the Selling-Hlrsch hall, on the evening of November 24. The meeting is to be the beginning of a "get-together" effort on the part of the members of the party.. Plans for the smoker were agreed upon at a meeting of the executive committee of the club last night, which also made preliminary plans for cela- $6.50 Long Warm Overcoats at S4.35. An unusually good Overcoat in col ors that wear and look well; sizes from 6 to 16; special for two davs only at r $4.35 $2.00 Solid School Shoes at $1.45. We have about 200 pairs of boys' Shoes, in sizes from 9 to 5 1-2, all widths, regularly selling at $1.85 and $2; will be offered special at 81.45 S1.25 Corduroy Knicker Pants at We're showing an exceptionally strong line of School Pants, and none better for wear than Cords; sizes 6 to 16; special, two days, at 90 166-170 THIRD ST. 3 bratlng Lincoln's birthday, February 12, with a banquet at the Commercial Club, where out-of-town Republicans will have the preference as speakers. ' While plans for celebrating Lincoln's birthday are only tentative, efforts will be bent to make the banquet better than ever. FALL FISH CATCH HEAVY Successful Salmon Season Is Draw ing to Close. ASTORIA, Or.. Nov. 11. Fall fishing for the present year is gradually drawing to a close, although the canneries that have been running will remain in opera tion nearly all of the present month. It has been one of the best Fall seasons in years for the gillnetters and trap owners and buyers were plentiful. SNAPS FOR LADIES. In addition to the great sale in ladies' sample suits, we are showing extra values in black mercerized rateen petticoats at 63c: moira petticoats, at 98c; long flan nelette kimonos, 98c; heavy German flan nel kimonos, satin faced, special, $1.48; percale wrappers, 87c: heavy flannelette wrappers, 98c. McAllen-McDonnell, cor ner Third and Morrison. Wood Pipes Basis of Suit. MONTESAKO, Wash., Nov. 11. Spe cial.) The Montesano Light & Water Company has been cited to appear be fore the Superior Court of this county MenV$2QS25 Suits, Overcoats aincoats and R ir Ml PH rv w?, isS ft-- I M w "IIP I 7 m The average suit or overcoat at $15 is almost everything it should not be the very negative of good clothes mak ing. Our Suits and Overcoats at $15 represent the positive side of this con; trast their positive features are many. The fit is positive, because of our per fect shoulder and close-fitting collar which hold the coat in perfect balance. The style is positive, because worked out by skillful designers and then worked in by our own expert tailors, and therefore preserving the original lines until the last day of service. . The quality of the fabrics is positive, because they come direct from the mill which knows how to use the best wool, the best weaves, the best dyes. All these positive factors in conjunc tion mean absolute $20 and $25 values anywhere but at the Brownsville Woolen Mills Store the middleman's profit is absent and you can buy genu ine $20 and $25 garments at $15. "We will be glad to demonstrate this to those who want their $15 to carry farthest and who doesn't! Woolen Goods Are Best Bought Here The very same reasons that make this store the undisputed leader in Clothing values, also make it the very best place for buying Woolen Underwear, Woolen Overshirts and Woolen bocKs. We are "Wool Specialists," and when we say to you that an article is "all wool," you rest assured that it is. We desire to call your particular attention to our lines of Men s Wool Un derwear in 'natural gray and fancy colois; to our lines of Overshirts, made of the genuine ftll pure wool Brownsville Flannel; to our great lines of Woolen Socks, both'in light cashmere and of heavy weight, that are made like those "mother knit.". All of these goods are sold on a one-profit basis there s no middleman to be taken care of, for here you buy of the maker. K.'A m LSury II Clothiers f f Mill II to MankStar November 16 for contempt of court. In the case of the city of Montesano vs. Montesano Light & Water Company, an injunction was granted enjoining the company from laying wooden pipes on certain streets. Now comes the Mayor, George W. Nlnemlne, In an affidavit, stating that the company disobeyed the order of the court and put down wooden pipes on certain streets where perma nent improvements are now In pro 1 New Walking CLEARLY DISTINCTIVE A GENUINE BARGAIN Stylish button4 boot in carefully selected patent coltskin, with cloth top either black, gray, brown, green, blue or mode. Modern short vamp pattern, smart design, practical weight. Comfortable feel ing stunning appearance. . . . 50 3oot B n . THE "MILITAIRE" MODEL Most Remarkable Value Ever Shown at the Price. Tl - , "QUEEN QUALITY" has established a Style lead ership which other first-class shoe manufacturers try hard to follow. Absolute guarantees insure 'QUEEN QUALITY ' ' dependability. To provide a store service in every way as superior and reliable as the shoes we sell, is our constant aim. We Positively Give the Biggest Shoe Values in Portland. .npiiuaiij-JJ UUWMJ BWaTOgTOWqgrTrc-aiA,.,, - --.-j.-.-.. ,--. j-,.-, .,- u,;mi-mur f 1 4