9
TIIE MORXIXG OREGOXIAy, WEDNESDAY, OCTOBER 26. 1910.
IMMUNITY BATH'
NOT FOR GUILFORD
Deputy District Attorney Fitz
gerald Makes Flat Denial
on Stand.
BRIBERY CASE IS WARM
Official Also Say He Had No Busi
nca Dealings Will "Bob" Pat
terson and Was Xcrer Intoxi
cated Foata on Stand.
That he nerer promised Howard A.
Cullfnrd. on trial for an altered attempt
at bribery. Immunity If he would confess,
never had any bualnesa dealings with
"Bob" Patterson, and wu never Intoxi
cated, were statements made by Deputy
Ptatrtct Attorney Fltxaerald to the Gull
ford Jury yesterday afternoon. Fttseer
ald had been called by Deputy Dlatrlct
Attorney Paae aa a witness to con trad ct
certain statements made by other wlt
neues. Mr. Fltserald was asked if he erer
had any buslnea dealings with Guilford,
and admitted that he once acted aa at
torney for Mrs. Guilford.
No Concealment Attempted.
"1 hare never tried to conceal that
from anybody." he said. Some friends of
his asked him to also a complaint for a
woman In a charity case In the Justice
Court and It was represented to him. ha
enld. that the woman had no money with
which to employ an attorney. He there
fore drew up the complaint and filed It.
It was a suit for I20. and ne Included aa
Item of $10 attorney's fees in it. so he
could collect this from the defendant In
case he recovered. But he said the
!ul!fords settled the case with the de
fendants, and that one of Fitzgerald's
friends, who had lent Guilford the flllns;
. fees, wanted his money back.
Fltxperald said the first time ha ever
saw Guilford was when he called on Fltx
smld. and standing In the door of his
office, said, "those people want too much
money In that case." Fitxaerald said be
did not know what case waa meant, and
that Guilford told him It was "that case
you slimed aa attorney for my wife."
The Deputy District Attorney went on
to say that he told Guilford he would
chanre him nothing as attorney's fees,
but that he ought to reimburse the per
sons who had paid tha filing; fees. He
said Guilford told him the matter had
been settled for a small sum. so he
could hardly afford to pay much.
This statement by Mr. Fitzgerald was
railed out in answer to the statement
of Attorney Seneca Fouta on the wit
ness stand In the morning that Fonts
told Fitzgerald In the latter's office that
"he had told ma (Fouts) a falsehood
when he eaM he had never aeen Gull
ford before the bribery owe came to. his
notice. I knew Fitzgerald had acted as
attorney for Guilford more than a week
previous to the tatter's arrest. Fitzger
ald then admitted thai be had been
wrong In say Tag he had not known Gull
ford." Fitzgerald Denlea Lease.
Mr. Fitzgerald also denied a statement
that he had a lease arrangement on
property at Seventh and Flanders atreeta
with "Bob" Patterson. He aald W. E.
Klernan. "Count" Senosky and himself
have acquired a quarter block at tha
place mentioned, and are leasing It to a
respectable citizen aa a grocery store be
low and rooming house above.
get 1176 a month for the quarter
klock." said Mr. Fitzgerald. "The gen
tleman who leasee of us Is aa clean a
man as there la In the city of Portland."
Asked If he ever told a reporter for
aa afternoon paper that Attorney Fouta
would not be Indicted by the grand Jury.
Deputy Fitzgerald aald he did not. that
he had nothing to do with, the decisions
of the grand Jury. He aald Mr. Fouts
was a witness before the grand Jury of
his own free will, and there made a
statement regarding the charge Guilford
made, that Fouta and Bweek were In
volved In the Jury-bribing. He said
Fouts told the grand Jury that Fouts
had delayed too long In allowing Gull
ford to talk to him. but that so far as
being guilty of any attempt at bribery,
he had not done It. Mr. Fitzgerald ad
mitted passing the time of day with a
reporter at a restaurant.
To a charge that he was asked to Is
sue a warrant for It. M. Barton, the
Juror whom Guilford Is alleged to have
attempted to bribe, and refused. Mr.
Fltxeerald said Guilford demanded a
warrant for Barton, but ha told Guilford
that tha grand Jury was In session and
he might go In and tell them about the
matter if he chose, and let them deckle
what to do.
Fitzgerald Holds Xo F.nmlty.
As to whether or not he waa out for
8eneca Fouts' political scalp. Mr. Fitz
gerald said:
1 have no enmity against Fouta and
f week, and I never told Guilford I had
been after Sweek and Fouta for a lone
time. I have always been on friendly
terms with Mr. Sweek. although I did
r.ot know Attorney Fouta so well. Mr.
Fouts never told me he would ferret this
thlnr out if It. took his laat dollar."
Guilford has admitted his alleged con
fession la false, but says It waa dictated
to him by Fitzgerald. The latter denied
having dictated the confession, saying he
called a stenographer, dictated the head
lng which waa to be put on the first
page of the typewritten confession, and
left Guilford and the stenographer alone at
the desk to fix It up to suit themselves,
while he attended to other matters.
Attorney Fouts. on the stsnd yester
day, aald while be was at the District
Attorney's office. Fitzgerald said to him:
"Let's bury the hatchet. Neither yon
nor I can afford to mix up tn this nasty
mesa. We will let Guilford take his
medicine."
"I was very angry by this time." said
Fouts. "and I told Fitzgerald that I
would not accede to his proposition. I
told him. however, that I should certain
ly see that Guilford atayed tn Jail, and
that he should have to stand trial. At
torney Alex. Sweek waa also a witness
for Guilford.
Hans Goodager. recently acquitted of
the murder of Tony Moe. took the wl.
nees stand to corroborate a statement by
Guilford that District Attorney Cameron
privately Interviewed Guilford while
Guilford was In Jail.
' ACCIDENT COSTS ROAD 550
Man Get Only fSOO aa Value of
Services of Wife Who Waa Hart.
One of the most unique suits brought
In the Circuit Court tor some time was
that of John Strurken against tha Port
land Railway. Light A Power Company
to recover lik.M damages because of the
loss of his wife's services on account
of aa accident. Judge Ganteiibeln. who
tried the case, allowed ftrucken U1
damages. Sarah Strucken. the wife, hav
ing brought a suit on her own bo hair,
aa the result cf which she recovered
LtW from the company for her Injuries.
Mra. Strucken alleged she was trylnf
to alight from a car at Third and yam-
hill streata. when it waa suddenly started
forward, aad ahe waa thrown to the
pavement and Injured. The streetcar
company answered that she had been
told by the conductor to take the next
car. but that aba boarded the ear which
waa crowded, and finding her daughter,
who was with her. had not boarded the
car also, ahe alighted while the car was
In motion. The small sum allowed by
Judge Gantenbeln was because her phy
sician said she hsa Improved consider
ably during the last elx months, and
because Strucken has not been obliged
to employ any additional help about
the house for some time.
SOT IS COLLISION OUTGROWTH
Plaintiff Demands $10,300 for In
juries When Taxi and Car Crash.
A collision between an automobile
and a taxless at Seventh and Alder
streets. March 1. la made the baais
of a damage suit In the Circuit Court
against the Portland Taxlcab Com
pany. Julius Adler. the plaintiff, filed
the complaint yesterday. He demand
J10.J00 for Injuries he says he sus
tained. He waa a passenger in the taxlcab,
he alleges, and was thrown violently
against the door, when the two cars
struck, ills eye waa cut. his eye
glasses broken, and he received a se
vere nervous shock, he declares. For
his doctor bills, hospital bills ar.i
medicine he demands 1300.
$20,000 Commission Suit Heard.
A Jury In Jodge Gantenbeln's depart
ment of the Circuit Court Is hearing
evidence In the ault of Harry H. Cloyes
and others against Anthon Eckern and
others. Cloyes demands tiO.OOO commis
sion for negotiating a sale of $200,000 capi
tal stock of a mill plant near Tacoma.
lle says the defendants agreed to give a
bonus of SSO.CO In treasury stock with
the capital stock. They deny inai any
contract of sale existed.
Widow Geta Title for Lots and Home)
County Judge Cleeton issued an or
der yesterday giving Daisy Horton.
widow of E. W. Horton. a clear title to
two lots in Willamette Addition, and
J15 a month for her support and that
of her children. The order provides
that the other helra shall have no
claim upon the home. The estate al
so has 10 acrea of land In Clackamas
County worth 1300.
Ernest Brown's Name Too Common.
Ernest Brown's name was changed
to Ernest Bru by order of County
Judge Cleeton yesterday. Brown, a
traveling; salesman, said his name was
so common that he conunuaaiy re
ceived mall Intended for others, ana
failed to receive mall intenaea ior Dim.
NAUTILUS IS PETRIFIED
Colonel Sillier Would Outdo OlUer
Wendell Holmes.
Oliver Wendell Holmes has been out
dona Instead of preserving for all time
the bidden charms of the humble cham
bered nautilus In classic verse. Colonel
A. W. Miller. Portland's well-known na
tural history student, will keep a petri
fied nautilus with all the chambers com
plete and with all the appearance of be
ing In the natural state.
Colonel Miller returned yesterday from
a trip Into the Olympic Mountains, near
the Wlllapa River, in Washington, where
he procured his most remarkable apeci
mn. He will add It to his already large
collection of geological and historical
relics.
On the same trip Colonel Miller round
a number of other stones that will be
valuable additions to his collection, part
of which he baa on 'exhibition at the
Chamber of Commerce.
When the new auditorium is completed
be wllf try to have a room assigned to
the needs of the Oregon BclenUuo So
ciety and all his valuable specimens, as
well as those of other students of natural
historr. placed therein.
CLASSED,THE BEST.
The famous Hop Gold Bottled Beer,
manufactured from the purest and best
Ingredients to be obtained, makea a
fitting beverage for any occasion, be
It the Impromptu lunch or tor a dinner.
Always convenient to have on hand to
regale the unexpected guest. Order
by phone. F-ast . "! 1146.
wi tcli eel
Some folks thought they didn't care for breakfast cereals until
they tried
Post
Selected white
fluffy toasted to a
K.
ft
4 "mCora. Sar aad
Postum Cr'eTrrtTrir!t
! i. t r a
ill iaTEo
MRS. KERSH JURY
STILL IS WANTING
Twelve, in Box Now, Examined
for Cause Only With Chal
lenges Due Today.
WEBB MUST HANG DEC. 15
Convicted Murderer of William A.
Johnson, Though Pale and Hag
gard, Takes Sentence) of Death
Calmly, With Little to Say.
The Jury which is to try Mrs. Carrie
Kersh for complicity In the murder of
William A. Johnson la not yet complete.
When court adjourned yesterday the
13 Jurors in the box had been examined
and passed for cause, but neither the
state nor the defense had exercised any
of lta peremptory challenges. The de
fense haa six and the state three, so that
It Is not likely that the Jury will be
ready to hear the evidence before this
afternoon.
V Judge Morrow adjourned court at 11
o'clock yesterday because of a lack or
Jurors, tha Sheriff not having had time
to make a return on subpenaa which
had been placed in his hands to serve.
Twenty of these were given him yester
day. Case Drags Slowly.
At . o'clock in the afternoon" Judge
Morrow reconvened court, but at 3 o'clock
another adjournment was taken because
Deputy District Attorney Fitzgerald was
called upon to testify before the Jury
which is trying Howard A. Guilford for
bribery, and could not continue with the
Keren case.
Further examination of prospective
Jurors in the Keren case will be taken up
this morning.
Dr. R. W. Anderson, a - dentist, and
one of the citizens aubpenaed to do Jury
duty In this case, was a witness on be
half of the state in the famous Lane
Wajmlre case, wherein Mrax Belle Way
mire waa charged with conspiring with
E. E. Ilatding to Injure the reputation
of Mayor Lane. Dr. Anderson there met
Attorney eneca Fouta, counsel for the
defense both In that case and tha Kersh
case. He said he had no prejudice
against circumstantial evidence, and waa
not challenged for cause.
J. O. GUlen, another prospective Juror,
said ha would not convict on slight cir
cumstantial evidence, but that If the
circumstantial evidence was strong, he
would convict. He Is in business at 68
North Front street, and Uvea at 360 Cros
by street.
J. W. Hart was excused because ( ha
sold ha had formed a strong opinion from
reading the newspapers.
G. J. Kaufman, of the Portland Hotel,
said he had formed an opinion from
statements made to him by persons who
had listened to the testimony In tha
Webb trial. He was excused.
Webb Ready for Sentence.
1 am keenly allva to the fact that
I am to receive the sentence of death."
said Jesse P. Webb, convicted of mur
dering; Johnson, as ho stood before
Judge Morrow yesterday morning:,
about to be condemned to hang-.
"Nothing I can say will make any par
ticular difference, but I still protest
that t the time Johnson attacked ma
tn the hotel with a blackjack I was
trying- to leave hla room. I was not
seeking: a quarrel and there was no
premeditation before the killing."
The convicted man had been asked
by Judge Morrow If he hod anything to
say as to why sentence should not te
pronounced, and this was hla answer.
He epoke calmly, and. except that he
tlg-htly clasped his hands In front of
him, showed no emotion.
While tha prisoner waa receiving tha
death sentence Mra Kersh waa taken
by Matron Cameron Into Judge Mor
row's chambers.
Judge Morrow did not commend
Toasties
corn is thoroughly cooked rolled out thin and
delightfully appetizing brown.
They are ready to serve direct from
the package with only the addition of
cream or milk, and a sprinkling of sugar
if desired.
Try Post Tbasties and tell yourself!
"The Memory Lingers"
lj
MADE AT THE PURE FOOD FACTO RD3S OF
Postum Cereal Company, Limited.
Battle Creek, Michigan.
I I V V.
.
'.
Webb's eoul to the mercy of the deity,
and said afterward that tha omission
was intentional. In sentencing Webb
he said:
Date of Hanging Is December IB.
"It Is ordered and adjudged by this
court that you. Jesse P. Webb, convict
ed of murder In the first degree, be
remanded to the custody of the Sheriff
of Multnomah County: that he. the said
Sheriff, deliver you within 20 days from
this date to the superintendent of the
Penitentiary of the State of Oregon;
that upon such delivery you be con
fined within the walls of said Peniten
tiary until the date of execution and
that there. In said Penitentiary of the
State of Oregon, on Thursday, the 15th
day of December. 1910. In the manner
and under the conditions provided by
law, you. Jesse P. Webb, be hanged by
the neck until you are dead."
Before the court spoke the fateful
words Attorney Fouts. representing
Webb, objected to me aeam
because he said there had been "Irregu
larities In the trial and errors of law.
which rendered the verdict roid." Later
he asked for 20 days In which to pre
pare a motion for a new trial. The
...j . the time. Then Fouts
asked that Webb be kept In the County
Jail until the court decides tne mouun.
The Judge did not make this order, but
told Fouts that he would be given due
notice of the Sheriff's Intention to take
the condemned man to Salem, and that
the provision for his removal would be
modified by the court If Webb's counsel
makes proper showing.
On his way to and from the court
room and during the time he was re
ceiving sentence Webb was guarded by
Sheriff Stevens and three deputies.
WOMAN WHIPS liWVER
g. "HAT" HITCHIXGS COWH1DED
AFTER COURT HEARING.
Warrant for Her Arrest la Refused
Him Charge of Persecution
Pending Against Him.
For the fourth time In his career in
Portland J. "Hat" Hitchlngs. a Portland
lawyer, was horsewhipped by a woman
yesterday. Following a vehement attack
upon her character in Municipal Court
yesterday morning. Miss Nanle Sanstrom.
who lives, at the Hotel Bellevue, met him
at Sixth and Oak streets and showered
him with stinging blows with a short
cowhide whip. Hitchlngs had Just left
Court, where he had been on trial for
trespassing on the property of the young
woman, and was on his way to his office.
Hitchlngs, it waa charged, had been
persecuting Miss Sanstrom for two
months. He met her in a local restau
rant and later secured a position for her
In a Third-street restaurant'and has since
that time been trying to force hla atten
tions upon her. it waa alleged. When
this failed he is-alleged to have resorted
to efforts to blacken her character, as a
result of which she caused his arrest
His case will be decided by Judge Taz
well Friday.
fourth which Hitchlngs has received in
Portland at the hands of women. Rose
Hathaway, keeper or a aisrepuiaoio
i . ..- vim a .ever horsewhiuulnft
In an' attorney's office several years ago
and not long arterwara again mwuwcu
him. About two months ago, when In
a Third-street restaurant, he waa pun
ished by a manicurist.
iltim flnn.trfvm assailed him yes
terday he ran down Oak street with the
girl In pursuit. She caught him at Third
street and again assailed him with her
whip. Detectives isnaicott ana oium.
who were passing, took the pair In cus
tody. Hitchlngs attempted to get a war-
i,-. ..t lint this was refused.
i am iv. ..w.
The girl was semi-hysterical for some
time following the scene on the street.
After gaining self-control she left the
station.
Study Club to Sleet.
The Sellwood Study Club will meet
in the Sellwood Commercial Club to-
i i . . a AtAir ThH tnnln of study
will be "The Transportation Problem,
Railway Terminals, unixea
rate and Their Location." by Rev. D.
A. Thompson: "Rapid Transit. Surface
and Subway." by Fred Bauer; "The
Rights of the Foot Passenger," byj
Miss Jessie. Nelson.
Roller akatee were In use as far back as
1790. ,
Oveir
BRlYATETEXTiBDCfiC
AILMENTS fECUUASIO
MsUflwfi rT .
Why You Should Send Now,
This book is a treatise on all those diseases peculiar to
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The Danaer ol Delay
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a cure. This book is a text-book not a mere advertising pamphlet.
Until you have read it, you cannot make sure of the exact
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Perhaps you are one of these women. Do not remain in doubt
another day send for this book and find out for yourself.
' This book is written in the kindly sympathetic spirit that guided
Mrs. Pinkham in all her actions towards her suffering sisterhood,
and you will feel when you are reading it as though you were
having a confidential chat with some motherly and trustworthy
woman friend.
" Remember, your letter will be treated as strictly private and
confidential and the book will be posted to you in a perfectly plain
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-Fill Up This Coupon-
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Sold in standard 1-lb". cans. It is mod
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Kold by Grocers 25c per lb. No more no
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Rheumatism, Nervousness and
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European Plan $1.60 a day up
American Plan $3.00 a day up .,
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A SKIM OF BEAUTY IS A JOY FOREVER,
Dr. T. Felix Couraud's Oriental Cream om
IflacrlAnl Ro-iirlr!aP I
Kemom Tan, FtaprtMj
Freckles. Moth Pt.h.n
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T. HOPKINS, Prop., 37 Qreat Jones St., N. Y.
Powder
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