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.
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ii.!;; ; V .r i:: ": :s ;-: -St , , m ; ;i; i; :S;;i:i j I s-s :,
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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
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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
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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
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P HOURS p
J SOLID THROUGH TRAIN V
J ' "THE ffORTH BANK ROAD" (S. P. S S. Ry.)
V NORTHERN PACIFIC RAILWAY V
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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