THE 3IORXIXG OREGONIAX, SATURDAY, OVE3IBER 13, 1909. 10 ETHEL NDSS SAYS CONFESSION IDE Name of Hazel Maddux Linked With Killing of Mrs.- Mae Real on Linnton Road. SCENE IS MINUTELY TOLD Accused Woman Remains Indiffer ent, but Grows Paler as Recital Goes On Cross Examination Does Xot Shake Story. If the evidence of 19-year-old Ethel Noss Is allowed to remain before the lurv, the prosecution has at last con reeled Mrs. Hazel Maddux with the rev el In the automobile on the Hinnton road In the early morning of Auirust 6 last, by which Mrs. Mae Real lost her life. Mtrs Nose testified Mrs. Maddux confessed to the killing -while they were occupying a joint room at .the Rainier llrand Hotel In Seattle in the latter part of AUKUeit. It was 4 o"clock when the young woman went on the stand. She was the last witness for the state and Immediately launched into a detailed story of the al l?ed Incident. Miss Noss paid she was personally acquainted -with Mrs. Maddux and on the evening of August 4 she saw the accused woman pass her residence. at Twenty-sixth and Savier streets. Mrl Maddux, she said, was in an automobile, in companv with a man whom she could not recognize. The machine was going towaroj the highway leading to the road- houses frequented by parties or joy riders." The witness was positive as to her recognition of the woman in the car. Next time she saw her. so her story ran. was when they boarded a train to eether at the Portland Inlon Station bound for the A-Y-P Fair. Others in the party were Mrs. Emma Becker and the father and mother ot the latter. Miss Xoss Tell.s of Confession. "Mrs. Maddux was writing letters in our room at Seattle. said Misa Noss, 'when she spoke first about the woman who was killed in the road that night. She said she had gone out there with Frank Rodmnn, and after having a few drinks', they had started home. She was driving after leaving the Cliff Inn. Com ing up toward Portland, and after they passed the power-house, she said sue saw a man and a woman walking in the road ahead of the machine. She told me she slowed down and tooted the horn once or twice, but the couple seemed to pay no attention to the warning. "She told me they seemed to be great ly Intoxicated, and when the car was within a few feet of them the man sprang to one side of the road. He grabbed at the woman, but she fell In front of the car. Mrs. Maddux said the auto ran over the woman's body, going so slowly It chugged as it does when passing over a high obstruction at low speed. Then she asked Frank what h should do. He said he would take the wheel and get away." As1 the woman recited her story of tile alleged confession, she Illustrated it with her slender, nervous hands and spoke in fiuch a low tone that attorneys and re porters were compelled to crowd closely up to the Jury box to hear. Jys. Mad dux never for a moment lost her bear ing of Indifference, except that her face was ghastly white. On cross-examination the story of the witness was not shaken In any partlcu lar. As soon as she left the stand the etatn rested and the defense submitted a motion that the jury be Instructed to bring a verdict of acquittal. This mo tion depends on a statute which provides a conviction cannot be had upon- a con fession not corroborated by other evi dence. Judge Cleland dismissed the jury until Saturday morning, when he will announce his decision on the point. Erskinc's Testimony Supported. The evidence given by Miss Noss In a measure supports the testimony secured Thursday from Elmer Erskine. the com panlon of Mrs. R?al on the fatal stroll down the road while waiting for their automobile to be repalrea. Ersklne said he failed to hear the approach of the automobile until it was almost upon them. He Jumped for safety and tried to drag the woman with him, but was unsuccessful. All day yesterday the evidence hovered around a mysterious automobile which darted In and out of the district bounded by Twenty-sixth and Savier streets on the morning of August 5. Patrolmen Stanton and Simms encountered the ma chine at various points, both agreeing It was runnfng without front lights and with very dim side winkers. The oc cupants were a man and a woman, but neither of the officers seemed able to recognize them, although when Slmms was watching the approach of the car he lieard the woman exclaim: "There is jlerle Simnis." and saw her wave her hand at him. One officer thought the car had cream-colored wheels with red body, and the other was not mire, but thought it was solid red in color. Patrolman Stanton saw the machine on Raleigh street just below the corner of Twenty-third and tried to stop it. He testitied when he stepped into the street and held up his hand the man behind the wheel threw on the high-speed clutch and almost ran him down. Mrs. King Hears Scream. It is in that machine that Assistant Dis trict Attorney Fitzgerald is trying to place the persons who are responsible for the death of Mrs. Mae Real. He placed Mrs. Ella D. Kins on the stand to show she had heard It pass her home on Raleigh street about 2:45 o'clock on the morning of the homicide and that the woman in the car was greatly excited. The witness heard her exclaim In an agi tated scream. "Oh. what shall I do? Ave' 11 be caught. We'll be caught." Her companion assured her he would back out of the rut where the automobile was ti'.en stuck and would get away all light. The District Attorney is trying to show ttie mysterious car of the Linnton road tragedy and that which shot into ths citv on the morning of August 5 minus lights is the one belonging to Frank Rod man, which has been proved to have been aisent from its Alder-street garage all of that night. - It is a Fierce-Arrow, with m black body and red wheels and springs. The top of the Rodman car was thrown . back, and from the police officers it was 1 arned the car they encountered was similarly adjusted. A sensational feature of the trial yes terday was the repudiation by Mrs. Em ma Becker of a statement signed by her In the office of the District Attorney. She s.'ld she had been frigthened Into making statements which were not true, and im plicated Assistant District Attorneys Flti-g.-rald and Page. District Attorney Cam eron hirr.eelf and Constable Wagner as having applied the third degree. Written Statement Denied. The prosecuting officer was endeavor ing ,to have the witness confirm a writ ten statement of the testimony she was expected to irlve before th Jury and ked her if MYs. Maddux had cot told , her that Frank Rodman had taken her out to the roadhouses on the night Mrs. Real was killed and that he was the per son who came back with her to the city. The witness denied it. Mr. Fitzgerald then offered her written statement, and the womaa- said: "In a conversation with me some days after the occurrence on the Unnton road, Mrs. Maddux may have said to me that Frank was with her. If I said up In that office that she mentioned the name of Rodman, it was because of all you men were telling me I would be pun ished if I did not say it. "I now say that Mrs. Maddux did not mention Rodman's name." On cross-examination Mrs. Becker tes tified the officers of the prosecution seemed to think she knew something she was unwilling to tell, and that they threatened her with imprisonment until she did. as well as putting! her under bonds for her appearance. The witness said she lived at Hillsboro and was a farmer by occupation. At the time of Mrs. Real's death she was living at Twenty-fifth and Savier streets with Ethel Noss. The two women were com ing out of their house at 11 o'clock on the night of August 4. when they saw Mrs. Maddux go past in a large automobile. She did not recognize the driver of the car, which was headed toward the Linn ton road. She declared she had been later coerced Into saying the man who WIFE IS FORGIVEN Twice Duped by Erring One, Husband Opens Heart. DODGE LEADS HER ASTRAY Dramatic Story ties Behind His In dictment for Obtaining Money While Impersonating a Federal Employe. Behind the indictment yesterday of French E. Dodge by the Federal grand Jury, charging him with dishonestly ob- CONFIDANTE OF MRS. HAZEL MADDUX LINKS HER WITH REVELERS ON LINNTON ROAD WHEN MRS. MAE REAL IS KILLED. " ' ft, , . , . , - Y i -1 t ii.!;; ; V .r i:: ": :s ;-: -St , , m ; ;i; i; :S;;i:i j I s-s :, v J MISS ETHEL NOSS. sat beside the accused woman that night was Frank Rodman. Car Described as Dirty. Elmer Houston, a chauffeur in the em ploy of Frank Rodman, testified Rodman owned a large Fierce-Arrow machine with black body and red running gear and that It had the top laid baok. He saw the car about 10 o'clock on the morning of August 5. It was airty ana had not been washed the night before, as was the custom when th machines were in the garage over night. This evidence that the ear was In use on that mgnt was corroborated by the testimony of J. K. Brasler, keeper of the garage wnere tiv Rodman machines are housed. He said he was on duty all of the night of the killing and that the machine did noi come in after it was taken out eariy m the evening. C. A. Campbell, a member of tne party which included the Real woman, recount ed the storv of the trip, how the machine broke down when within about a mile of the Claremont Tavern, how tne occupants of the car stopped at various drinking re sorts, and finally were hung up near the power-house for about two hours. He told of walking up tne roaa wua jjars. Drlscoll. trailing along some distance be hind Mrs. Real and Ersklne. who were also exercising, and then of seeing a rapidly moving auto shoot past them to ward town. A few moments later, he said one of the women ran toward him and said Mrs. Real had been run down. He found her lying in the road, as though he were asleep. Her clothing was not disarranged, and there were no bruises visible. The witness affirmed his inabil ity to recognize any occupants of the car which passed him, but said a man and a woman occupied the rront seat. Many Notice Rodman, t'pon cross-examination ths witness said he had never made a statement in the basement of the Meier & Frank store that Mrs. Real fell out of the automobile and broke her neck. C A. Anderson, one of the proprietors of the Claremont Tavern, testified he saw Frank Rodman at his place on the night of the killing and had a drink in his com pany. He did not see anyone with Rod man, but he came into the bar from the direction of the private rooms. H. B. Kennedy, part owner of the same resort, saw Rodman and told the jury he was accompanied by a woman. He did not know who the woman was. H. L. Sanders, in charge of the Cliff Inn, saw Rodman at his place on the same night, but during the 30 minutes that he was there, the resort-keeper did not see the woman nor take a look at the machine In which they arrived. Mrs. Maddux appeareds to have passed an unworrled night when she appeared in court this morning. Clad in a blue tailor- made gown, wearing white furs and a black toque with trailing plumes, she nodded brightly at friends in the large audience. The only evidence of her in terest in the trial Is when she occasion ally leans forward to catch low tones from witnesses. She is slightly pale, but perfectly self-possessed. To accommodate the attendance. Judge Cleland has moved to the large courtroom in the north end of the building. Suit Recalls Sewer Cave-In. The disastrous cave-in of the 'Brooklyn sewer a year ago last month is recalled by the suit of Joseph Ehalainen against Paquet. Glebisch & Joplln, the contrac tors, which went to trial before a jury In Judge Morrow's department of the Cir cuit Court yesterday morning. Ehalainen s administrator of the estate of Robert Kayke. one of the workmen killed in the accident. He demands 17500 damages. The most of the witnesses are Flnland-ers. Tour complexion as well as rour temper is rendered miserable by a dis ordered liver. By taking Chamberlain's Stomach and Liver Tablets you can im prove both. For choice Irvlngton lots and unloue bungalows see F. E. Bowman & Co.. cor. 1-tli and Thompson. E. 933. Onlv $70i for a Rose Citv Park lot? Improvements all paid for? I'll go see it today. taining money while Impersonating a Fed eral employe, is a story of a faithless wife and a forgiving husband which would, make a good subject for a melo drama. Dodge was indicted upon the evidence presented by O. B. and Cora E. Conner and their little girl, Grace. He is charged with getting by fraud more than $500 from Conner, who is a rural mailcarrler, with a route between Shedd and Leb anon. About four years ago there was domes tic trouble . In the Conner home, and Mrs. Conner went to Eastern Oregon, in th vicinity of Umatilla, where she filed on some land under the Carey act. Dodge Demands $500. Some time later Dodge appeared on the scene and said he was a special land agent, and had discovered that her entry for the land was Illegal. He promised her, according to her story, to settle her case for her if she would pay him $500. In a pitiful letter addressed to her hus band, Mrs. Conner told him that she was in danger of going to jail unless he could send her $500, which he managed to do by disposing of the little property he owned. To insure further the protection of the mother of his children, Conner went to his wife and promised to take her back home with him. The clouds cleared away from over the Conner home, until she suddenly disap peared, and her husband was led to be lieve that she had been forced to leave to keep out of the way .of Government officers, who were on her trail for an alleged land fraud. Last April Dodge appeared at the Con ner home and asked the latter for more money to protect his wife, and $20 more was paid him. Later Dodge obtained XI more in the same way. Husband Learns of Betrayal. Then Conner set out to search for his wife, and when he -found her he realized how . he had been deceived, and he had her and Dodge arrested on a statutory charge. This arrest led to Dodge being investigated by the Federal officers, who found that he was not an employe of the Government as he had represented him self to be. a Mrs. Conner has been occupying a e'en at the county Jail for about four months, but she was taken from it long enough to testify against Dodge before the grand Jury. It is believed that the case against her will be dropped after Bhe has testified against Dodge at his trial. She is repent ant and pleads to return to her husband and children. Conner has promised to take her .home when she gets her free dom. COHEX MUST REFUND .MONEY Jury Finds Attorney Appropriated Money Belonging to Client. Richard Scarflmons won last night In his suit against Attorney Max G. Cohen, In which he alleged Cohen appropriated to his own use $850 which Cohen had collected from John W. and Christina- H. Cook as Scammon's attorney. A verdict for $863.75 was returned by the Jury after about 30 minutes' delibera tion. Scammons bought from the Cooks a lot near Goldendale, Wash., which he supposed contained 29 acres. He found later that Cook had sold 10 acres of the tract for $3000. As he had already paid $600 on the contract of sale, he brought suit to recover this amount and to secure $3300 damages. Cohen succeeded in settling - the matter for $S50. He did not deny having kept the money, but set up a counter-claim of $4?5 as a fee. $200 for a two days' trip to Goldendale to search the records, $50 for searching the records and pass ing oh the title, $20 for filing legal papers and $200 more for two more days on the Goldendale trip, which he said he afterwards discovered to be a mistake. Scammons had already paid him $100 attorney's fees. Keep your feet dry above all things. It saves doctor bills, be sides the discomfort that must be endured when your shoes leak or have thin soles. We sell wet weather shoes, solid leather and heavy soles, in our great Lion A Special Shoe at LION CLOTHIERS 166-170 THIRD ST. cult Court yesterday. The Jury in Judge Gantenbein's department which tried the case brought in a sealed verdict Thurs day night. , , Jury Cases Postponed.' Because of the meeting . of the State Bar Association Tuesday and Wednesday of next week. Jury cases In the Circuit Court have been put off during these two days, that the judges may attend. All the cases set for next Monday in the Circuit Court are trials by judges with out juries Good Things in Portland Markets P. Annie Weir Gets $850 Verdict. Annie Weir, who sued the Portland Railway. Light & Power Company for $3000. obtained JiiiO damages in the Clr- F YOU had no calendar you could make pretty good guess not only as,to the month, but as to the week of the month by inspecting the market displays and counting the turkeys. Deeper study would probably reveal mathematical relation ship between the exact number of tur keys displayed and the exact number of days before Thanksgiving. This year there is promise of a good supply ot first-class birds, at prices somewhat more reasonable than those of last year, and many orders are already being placed Prices at pregent range from 25 to 30 cents a pouno. ueese cost. i to cents. ducks 25 cents and chickens 19 to 22 cents a pound. Wild geese are coming in at about $1 fach and there Is e. good supply of Jack-rabbits at 60 cents each. Another sign of the season Is the in creasing variety of sea food obtainable. New this week are fine prawns some of them as big as clawless crawfish at cents a pound; and larger New York 'Clams at 15 cents a dozen. The list of available fish also Included black and striped bass at 30 cents; sturgeon, sal mon, halibut, catfish, croppies, shrimps and sole at about IS cents; tom-cod, black cod, California smelt, 1214 cents; floun der, perch, silver smelt and fresh her ring, 10 cents a pound. Lobster still costs 40 cents a pound and crabs 10 to 20 cents each. Smoked, dried and salted fish of many varieties are excellent and plentiful Just now. Finnan haddio and English bloaters being particularly use ful In offering material for many savory breakfast dishes, chafing dish mysteries and fascinating canapes. Apples are the most striking and beau tiful feature of the fruit displays at pres ent. Many fine varieties are to be seen and the prices range, from -about $1.50 to $3 a box. Winter Nellls pears are also appearing In addition to the earlier varie ties still to be had. Grapes are. on the wane, but there ar good Tokays, Mala ras and Concords at 2S to. 35 cents a bas ket. A few peaches and prunes are still to be seen. Cranberries and huckleber ries both cost about 15 cents a quart There are some very fine pomegranates and a rood supply of Japanese persim mons. Nuts and dried fruits are well to the fore, especially chestnuts, for turkey utufflne and other Inviting dishes. New this week among the vegetables are- Jerusalem artichokes at 10 cents a pound. Now Is a chance to make tne famous Palestine soup. Cauliflower Is increasingly plentiful and attractive. In many cases it adds to Its charms, like a Turkish beauty, by wearing a veil in public a wise precaution in a vegetable offering so convenient a surface for the retention of dust and germs. Celery is of course excellent Just now. Many va rieties of cabbage are shown, including Just such tiny red ones as one gets in some parts of Germany, stunea in some mys terious way with apples, and combined harmoniosuly with savory pork tenoer loin. I don't know the name of the dish, but to meet It once Is to desire to Im prove the acauaintanceship. Very fine endive is to be had now. good either as a salad or " rencnny - cooKea. Artichokes are also good. Sweet pota toes are at their best. Oyster plant is a comparatively recent comer. New sea son's garlic hangs its silvery garlands for your enticement. Summer, cream and Hubbard squasfi are most correct at EDWARDS FIVE FLAVORS 25c and 50c PACKAGES HIGHEST GRADE IMPORTED CEYLON 1 IWKKV LDMRDS COHRUiT POBTUWD OftCGON- ASK YOUR GROCER GOOD NEWS FOR THE DEAF A celebrated New York Aurlst has been selected to demonstrate to deaf people that deafness is a disease and can be cured rapidly and easily in your own home. He proposes to prove this by sending to any person having trouble with their ears a trial treatment of this new method absolutely free. We advise all people who have trouble with their ears to immediately address Dr. Edward Gardner, Suite 952, No. 40 West Thirty third street. New York City, and they will receive by return mail, absolutely free, a Trial Treatment. , ym, Hit m im W j , P HOURS p J SOLID THROUGH TRAIN V J ' "THE ffORTH BANK ROAD" (S. P. S S. Ry.) V NORTHERN PACIFIC RAILWAY V i sr BANK R0AD"(S.P.8S.Ry.) NORTHERN PACIFIC RAILWAY THROUGH SLEEPING GAR TO OMAHA Standard Drawing - Room arid Tourist Sleeping Cars Dining Car Meals a la carte Day Coaches Steam Heated Electric Lighted An Individual Light in Each Berth Tickets and full information at Corner Third and Morrison Streets, Portland A. D. CHARLTON, Asst. Gen. Pass. Agent Northern Pacific Railway . f. C. 2049 this season. Other available .vegetables are corn, spinach, lima beans, green beans, green peas, tomatoes, cucumber, I rots, green onions, radiBhes. lettuce and eee plant, beets, parsnips, turnips, car- rwatercress. Our Last Word to You -IS- Drawing MBER 16 Be in Time for the AT MEDBURY, NOVE It is the LAST CHANCE IN IDAHO to get high-class fruit land at farm-land prices. First drawing will take place at 9 o'clock sharp. If you can't get here in time send power of attorney and check for registra tion by a friend. Never look back upon November 16 as the day opportunity called you and you failed to heed the call. Kings Hill Extension Irrigation Co., Ltd. Medbury, Idaho Glenns Ferry, Idaho Boise, Idaho