Morning Oregonian. (Portland, Or.) 1861-1937, December 10, 1910, Page 5, Image 5

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Dramatic Declaration Star
ties Crowd at Trial of
Man She Accuses.
Woman Testifies She Went to Hospi
tal After Working aa Typist for
Portland Lawyer Parentage
of Child la rnsettled.
SANTA ROSA. CeX. Dec . Special.)
1 loved him then, and If the chart
(aioat him Is not proved. I would lovs
him stin. declared La Etta anlth, on
th witnessMtand this afternoon, while
under cross-examination, during the trial
of Dr. WlHard p. Burke for the alleged
attempt to murder the woman by blowing
up the tent In which aha and her uiegiu
mate child were steeping.
It was the only time during the trial
of the mm that Lu Ktta, cold, atern and
apparently Immovable ao far as her feel
lr.Mi are concerned, bluehed. Her head
monk neon her breast aa arte made th
statement, then looking up ebe giggled
like a school glrL
Dr. Burke. th venerable - look
ing proprietor of the health resort.
Mated beside hss wife, carefully
noted in his private note book
the woman's declaration, but did
not raise his eye Jlim Burke watched
hlra closely as the declaration of love
for her husband was made oj a woman
many years younger than so.
Views on Affinities Introduced.
The sensation of th morning session
tiv whiu I-n Etta was still In the
feaiula f the District Attorney.
the Introduction of the leccthy communi
cation, written by Dr. Burke for the
perusal of La Etta In which his Ideas
regarding the ramuy ana ine soc
are put forth and In which he expresses
hi. Ideas resardlns sfflnitles.
Lone before the time set for the open-
Ire of court this afternoon, tne comaors
of the Sonoma County Courthouse wers
crowded with a curious throng ot men.
women and children. Intent upon hearing
the recital by La Etta of her relations
with Dr. Burke.
The opening- of the courtroom door
was the signal for a mad rush for seets,
but there were not half enough, and the
aisles were lammed.
Questions seeking answers Intending
to show that Lu Etta Fmlth made her
declaration that Dr. Burke was th
father of her child only after she saw
samples of gold ore taken from his
mines near Orovllle were propounded
by Attorney Leppo. The dramatic
manner In which the woman once
thrust the baby Into the arms of the
man she declared to be Its father was
described by Lu Etta.
Love Said to Be Imaginary.
Attorney Leppo arose and announced
that It was the Intention of the defense
to prove that the woman merely
Imagined Dr. Burke to be the father
of her child and that It would be
shown the woman became violently In
love with another man and Imagined
that be reciprocated her affection. The
name of that man was not divulged by
the defense, but It was announced that
It will be brought out later In the
The witness told of two occasions
when she took ber baby to the cot
tage occupied by Dr. Burke and left It
there for them to care for. charging
again that Dr. Burke was Its father.
The relations" existing between Dr.
Burke and Lu Etta were alluded to as
Immoral and Illegal.
"You might call It that." suggested
Lu Etta.
"What are your views?" asked Leppo.
"I don't care to give ray views now,"
replied the woman.
Soon after the examination of the
witness was started this morning by
the District Attorney, the lengthy
communication prepared by Dr. Burke
and given to Lu Etta Smith for study
during the time she was employed as
a stenographer at the sanitarium, was
introduced as aa exhibit In the case.
It Is the contention of the State that
the communication was Intended to
bring Lu Etta Smith to a condition of
mind In which she would be less likely
to repulse th Immoral overtures of
the sanitarium proprietor. As such, It
was Introduced.
She Worked Here Three Weeks.
After tracing Lu Etta from her
Lake County home to Oregon, where
she studied to be a stenographer, the
witness stated she had been employed
tn the office of an attorney In Port
land for a period of three weeks.
"Was that the lawyer whose wife
criticised htm tor his relations with
you? demanded th attorney for the
defense. I
The District Attorney objected to th
question and the court sustained him.
Following up the line of questioning.
Mr. Leppo secured from the woman a
statement that after leaving the law
yer's office she went to th Portland
hospital and underwent an operation.
Later aha returned to the hospital as
a nurse In training. There will b no
session of court In th Burke case Saturday.
he straightway proceeded to make
He approached th counter and he
touched not a single thing. Arrayed
In splendor thereon were rainbow
labeled bottlea of violet hued perfumes,
and neatly bound cakes of soap. Heavy
was th air with attar of roses, the
aroma of tooth powder, orris root and
hair tonic He would bar none of
their charms. He priced not a single
bottle, can or tube with a new patented
I want some soap." he beamed. In
pursuing his unlooked for tactics he
did not ask whether that cake of
cerise-colored soap would chaff the
skin "mine Is so delicate that I never
can get the right nourlsher" he didn't
want to be nourished; be wanted to
be washed. Neither did he say: "The
last I got here was so greasy." Neither
did he ask the saleswoman If It meant
three cakes for a quarter when the
placard said 16 cents apiece.
With all the soapy galaxy coquetting
his nostrils, he did not sniff a slnglb
sniff. He did not compare labels with
an analytic eye. What he did do was
this: he walked straight up to the
counter, extended his right hand; he,
put It on the box that was nearest
him. and said:
"I'll take this, please."
He had lust the right change. He
did not ask If they would take a
Canadian dime. "No petticoat shop
ping for me." he grinned. "1 don't
care what I get." And when be said
"much obliged" the saleswoman nearly
npset th hair tonic
"Thank heaven for a man once in a
while." she exploded. "I don"t wonder
he didn't want to be like a woman."
Dispute Over Bank's Claim Is Not
Settled Dashing Adjutant Serv
ing Prison Term.
OLTMPIA. Wash., Dec 9. (Special.)
By paying 130.000 Into the Thurston
County Superior Court, the sum rep
resenting the face of the official bond,
the National Surety Company has dis
posed of the Orris Hamilton shortage
so far as It la concerned. The surety
company advises that an Olympla bank
ia contending for 18955.61. while the
atate wants to collect th 120.000, rep
resenting th full face value of th
bond. The bonding company declines
to settlo the dispute as to the appor
tionment of the money, and. In paying,
asks to be relieved of all further re
The payment of this money Into
court will settle one of the most sen
sational cases of embezslement ever
brought to light In Washington. Orris
Hamilton, the handsome Adjutant-Gen
eral of the National Guard, was found
to hsve made way with more than
llS.ooe of the state's funds, having
squandered the money on an "affinity"
he maintained in luxurious apartments
Seattle, and for whom he bought
jewels ana automobiles.
After Hamilton had been convicted
nd sentenced to serve from one to
ten years In tbe State Penitentiary at
Walla Walla at hard labor, which
sentence he is now serving, th state
demanded that the National Surety
Company pay the bond. The com.
pany delayed and then the state start
ed suit. In the meantime an Olympla
bank Intervened. The bank waa non
suited In the King County Superior
Court, where the atate began Its action.
War Secretary Attributes Im
proved Conditions to Cer-
. tainty of Punishment.
Fortification of Panama Canal Is
Recommended In Annnal Report.
Death Rate of Army Low
est In Its History.
Massacre of 100 Christians Follows
Capture of Town.
gram from Jerusalem today says that
Bedouins have massacred the Turkish
garrison at Kerak. a town In the Turkish
vilayet of Syria, and killed more than
100 Christian Inhabitants of that place. In
revenge for the execution of a Beuouln.
The Bedouins, the dispatch says, now
hold the fortress. In the vicinity of which
there has been desultory fighting between
the tribesmen and the government troops
for the last year and a half.
Kerek. formerly the capital of Moab,
has a population of SOOO, of whom 60 JO
are Moslems. The town Is the last on
the road from Damascus to Mecca where
Christians may reside. It stands on the
mountains of Moab, and may be seen
from Jerusalem. SO miles away.
There are no American missionaries),
the only missionary station being that of
the British Church Missionary Society
for Africa and the East. This Is a branch
of the organization at Es Salt, and Is
composed of one missionary, his wife and
one native worker.
Tacomn Commissioners A11I Look
Over Portland Bridges.
TACOMA. Wash.. Dec . (Special)
Commissioners Lawson. Woods and
Preeland left for Portland this af-er-noon
on a Junket. They will srnd
tomorrow Inspecting the ne jt bridges
across the Willamette Hlver. Njr.ner
Mayor Jr'awcett nor Commissioner Ko;s
vii able to go with the party.
Commissioner of Light and Water
Lawicn has his mind set on another
drawbridge on Eleventh street amiss
the city channel, but a majority of
the members still prefer a :ackknlfe
bridge. It a drawbridge Is erected. Mr.
Lawson says the city will be able to
us th big pier holding up ths pres
ent bridge. This pier rests en ft pil
lar s.
Commissioner of Public Works
Woods calls Lawson's talk about us
ing the pier for new bridge "foolish."
The Commissioners want to see how
th Portland bridges are working.
lie Make Good Bis Boast to Be An
tltbesls of Woman.
Boston Herald.
"A want to be the antithesis of a
woman r declared a breexy looking
man with red cheeks who was buying
soap at a large department store. Then
Drilling Company Xow Reports "Un
mistakable Indications."
There Is considerable excitement at
present In the little town of Dufur
over the prospectant finding oil there.
A company was formed several years
ago, and $20,000 was subscribed to test
the field, and now the Beavls-May
Drilling Company Is enthusiastic over
what are termed "unmistakable Indications."
C. p. Batch, Oeorge Johnson and
others, Thomas Glavey, Dr. Todd and
other wealthy residents are behind the
enterprise. There la no richer wheat
belt In Oregon than the country for 60
miles around Dufur. It Is also fast de
veloping into "a fruit country, and if in
addition It becomes an oil field, rest
dents of Dufur are confident their
town will develop Into an Important
commercial center.
J. F. Gross Critically III.
ATHENA. Or.. Dec .-J. F. Gross,
prominent citizen, has been very III for
th last few daya with cancer of the
stomach. Dr. Suttner. of Walla "Walla,
last evening performed an operation.
Mr. Gross heart Is very weak and he
could not take any ether, so the opera
tion was performed by freezing the ef
fected parts aa the operation proceeded.
Mr. Gross condition critical snd his
son. Bennle Gross, who has been at
tending the State Agricultural College,
has been summoned.
Time for Bond Sale Extended.
UNION. Or- Dec. . Speclal.)-Time
for the sale of the bonds of th City of
Union for th construction of a lighting
plant and the improvement of the water
plant has been extended to December 21.
at which time It Is expected that the
bonds, amounting to tB.Xja, will be sold.
Following this, the Council will proceed
at once with the Installation of the elec
tric plant and tbe Improvement of the
water system.
Saloons Still Operate.
BEMIDJL Minn.. Dec ft. A squad of
special agents of the Indian Bureau
came here today and Issued closing
orders to the local saloons in pursuance
of the enforcement of the provisions of
th old Indian treaty. Fourteen of the
local saloonkeepers resisted the order
and obtained injunctions against the
Federal officials. The saloons are
temporarily allowed to continue business.
WASHINGTON, Dec . Reduction In
the number of desertions from tbe
Army In the past year, a decrease of
SO. per cent as compared with the
previous year. Is noted with gratifies.
tlon by Secretary of Wat" Dickinson.
In his annual report, which waa sub
mltted to Congress today.
This Is believed to be the result of
the extraordinary effort made by the
Department In the direction of prompt
and vigorous pursuit of a deserter by
means practically certain to result in
his apprehension and subsequent pun
Ishment as a military convict under
the hard and rigorous conditions of
prison discipline.
The attitude of the Department Is
that Its duty Is to safeguard and pro
tect the interests of the Army to cor
rect tbe evil rather than to reform the
evil-doer, and to Impress the fact that
desertion from the Army, which In time
of war may be punishable by death.
Is In time of peace a criminal offense,
and that the punishment of the de
sester will be severe.
Altogether there were 3464 desertions
In the past year, or a percentage of
. of the strength of the Army, which
was less than any fiscal year since
lt 9. The decrease was most marked
In the engineers, field artillery and
Airship Service Essential.
As might have been expected after
his personal flights In aeroplanes in
France, Mr. Dickinson comes with
strong Indorsement of the flying ma
chine and with a recommendation
Congress for an appropriation to pro
vide the Signal Corps with a reasona
ble number of the better type of ma
chine for Instruction purposes and
field work. s
He recalls the fact that the United
States was the first Nation officially
to recognize tbe aeroplane for mill
tary purposes, and conducted at Fort
Myer In 1908 the first public flight of
a heavier than air machine, yet It has
since that date made no addition to
its aeronautical equipment, which at
present consists of one small.dlrlgible
balloon, on Wright aeroplane, and
three small captive balloons. Nor
has It added to Its trained personnel.
which at present consists of one Signal
Corps Lieutenant and nine enlisted
men. on duty In connection with aero
nautics. Ttfere Is only one officer who
la a licensed pilot for free balloons.
The Secretary calls attention to the
fact that the entrance to Chesapeake
Bay, one of the most Important points
strategically on the Atlantic Sea Coast
Is wholly unfortified, not a single gun
being mounted to defend the channel
between Cape Charles and Cape Henry.
At another Important point the east
ern entrance to Long Island Sound
additional guns are needed. Except for
these Instances, so far as guns alone
are concerned, the Sea Coast defenses
st all home ports are In a very satis
factory state, but much remains to be
done In providing such auxiliaries as
searchlights and In developing the fire
control system, which will require
about 14.000,000 of expenditure
Canal Fortification Ad-vised.
Congress Is asked to authorize an
expenditure of $19.64,843 for the forti
fication of the termini of the Panama
Canal, including the construction of
posts for the permanent garrrson, and
17,000.000 of this sum should be maae
available Immediately In order to com
plete the project within three years.
The death rata in the Army last
year was th lowest that has ever oc
curred. A remarkable fact is that no
deaths occurred from sun-stroke or
snake bite among the troops In the
tropics, nor from cold among the troops
In Alaska and along the Northern iron
tier. Alaska, as in former years, had
the best health record, decidedly ex
celling the United States, which came
second, followed by Porto Rico, Hawaii
and tbe Philippines. The rate for the
Philippines Improves year by year.
Dealing with the regular Army or
ganization, the Secretary urges the
adoption of a provision of law, similar
to that governing the Navy, for the
elimination of Inefficient officers. Tiie
most serious feature of the present
military situation, and one th4t should
be corrected Immediately, is the short
age of field artillery material. There'
Is a very Inadequate supply of guns.
carriages and ammunition.
Touching the progress of the work
of uncovering the wreck of the Maine
tn Havana Harbor, the Secretary says
that the plans for the construction of
a cofferdam piling around the wreck
have been approved and are now un
der execution. It la proposed to draw
off tbe water as soon as the dam Is
tight and remove the overlying mud
and other material In order to permit
a thorough examination of the condi
tion of the wreck In present position to
determine the cause of the explosion.
Mllltla Must Be Instructed.
Little more can be done than already
has been done In th very Important
work of Instruction ot tn organized
mllltla until some provision Is made
by Congress which will allow the De
partment to assign officers on the ac
tive list of the Army to duty with the
mllltla, which Is now Impossible owing
to tbe pressing need of officers tor
regimental service.
Success has attended th efforts of
the Department to secure one-half of
the personnel, necessary for manning
the Coast fortificatlonsrom the mlll
tla of the Seaboard states. All of the
Coast states have provided for these
Coast artillery reserves except New
Jersey. Delaware and Louisiana.
Unfortunately, the Secretary points
out. the existing lsw does not declare
distinctly the exact extent to which the
mllltla may bo employed In tbe serv
ice of the United States, and legisla
tion should be had that would enable
the War Department to determine In
advance of war Just what officers and
troops ot the mllltla can be depended
upon for service snd their suitability.
Th Secretary says that a comprehen
sive act providing for the organization
of s. volunteer Army only after Con
smess has made a declaration of war
would be of Inestimable value.
Government Stands by Old Claim.
D. p. Strickton. attorney for the exe
cutors of the estate of the late w. s.
Stratton. leaves tomorrow for Wash
ington, D. O. where he will argue be-
Because of
L a u r e lhurst's
exclusive char
acter, n e a r - In
location and the
low prices that
still prevail, and
b e c a u se of the
growing demand
for home sites
of character.
Is not amiss to
remind you to
make, your In
spectlon of
The Addition with Chdracttr
at once. If you would not fall to get
"Just the place that suits" for the home
you Intend to have.
P. S. We- bave a beantlful art calesw
dar for 1011. We waat to present these
calendars 1o persons earnestly seeking
"Jmt the place mat nits.'
Messrs. Mead & Murphy
Sales Agents,
fore the' United States Supreme Court
against the claim of the United States
Government for $4833, alleged to be
still due In revenue stamps upon deeds
transferring the Stratton Independence
mine In Cripple Creek to the Venture
Company, of London. In two former
trials the case has been decided In favor
of th estate.
Thousands of Salmon Enter Klamath
River, but They Refuse to Bite
Hook Grabhook Is Needed.
(Special.) Oeorge H, Merryman, hold
over Senator from this district, says
he does not believe It possible to se
cure any special fishing laws from the
Legislature for the .count v of Klamath.
although some of the hunting laws
might be amended, he says, lie says
a strong sentiment developed at the
last session of the Legislature to cut
the fishing seasons all over the State
down to' a much narrower margin, and
If the same feeling prevails at this
session he believes the State laws gov
erning the open and closed season for
fish will be chopped down until fish
ing will only be allowed In any waters
ot the State In the future during a
few months In the Summer season.
The Senator, says that owing to the
fact that the Multnomah delegation is
so much stronger In numbers than the
more Isolated port'ons of the State, the
laws to a large extent are formed and
dominated by them. .
'The sentiment there, as well as In
many other places In the State, seemed
to be strongly at the last term In fa
vor of making a fish protective law
that will give a shorter fishing season.
and as those lawmakers have the Idea
that laws that are suited to their part
of the State are suited to Klamath. I
am much afraid the local people will
be disappointed In their desire to get
any special laws passed for their espe
cial benefit." said the Senator.
The Klamath County Rod and Gun
Club desires a special provision lifting
th protection from salmon to permit
Klamath people to get at least some
benefit from the lsrge salmon runs
here during the Fall and Spring
months. Now no one is allowed to fish
other than with a hook and line, and
as a salmon will not bite a hook this
law gives people hero absolutely no
benefit from the millions of salmon
in these waters. It Is desired to
make It lawful to catch salmon, not to
exceed two In one day. In any manner
except with poisonous substances,
dynamite or seine. If this were law
ful the grab hook would be permissi
It was also desired to have . all the
waters of the Klamath country open
for fishing lor trout at ail times, ex
cept between February 15 and May
(ft o
It often requires heroes at the stoke hole as well as a master
mind at the bridge to bring success to the fighting ship. But
whatever your position in life you must be in physical trim if you
are to accomplish your best. That means you must have foods and
beverages which will strengthen your brain and brawn, your muscles
and nerves. -
is the favorite beverage of men who plan and men who work because it is
delicious, satisfying, strengthening. It is the best beverage for the delicate
growing child because it is all. nourishing, contains more real nutrition
than any other food. '
Made from the best cocoa beans, by scientific processes, with the skill
taught by fifty-eight years of experience, Ghirardelli's Cocoa is absolutely
pure. Costs less than a cent a cup.
D. Ghirardelli Co.
Since 1852
15 of each year. During Summer the
trout in the lakes of this country are
practically worthless for table use.
Chehalls Rebekahs Meet.
MONTESANO. Wash.. Dec 9. (Special.)
The Rebekahs of Chehalls CoSnty hem
their semi-annual meeting Wednesday.
Degree work, addresses and papers were
the order of the day. The officers elected
are: President. Mrs. Carlson, Hoqulam;
viee-president. Mrs. Sparks, Montesano;
secretary, Mrs. Buchanan. Cosmopolls;
treasurer. Mrs. Bowes. Aberdeen. The
next meeting will be held In Oakville.
Forestry Board Fund Exhausted.
SALEM. Or.. Dec. . (Special.) Accord
ing to a statement Just prepared by the
Secretary of State, the appropriation for
the State Board of Forestry Is exhausted.
Onlv 1500 was allowed by the last Legis
lature and the expenditures Just balance
this amount.
Liquor License Fixed ak$1000.
UNION.' Or., Dec 9. (Special.) The
Council of the City of Union has adopted
.. Avln, h 1 1 HHA ttT the
sale of Intoxicating liquors at 0000. with
restrictions thai are in line wilii ujc
home rule recommendations. Saloon men
-r- .in! nltnpnther nleased with the new
ordinance, but the Council Is Arm, and
it l. thought the orovislons of the ordl-
h, .nfiri.1 tn the letter. No
limit has been placed on the number of
Montesano Druggists Fined.
MONTESANO. Wash., Dec. 9. (Special.)
The proprietors of the Owl Drug Store
and of Esmond & Esmond were arrested
yesterday afternon on charges of violat
ing the city ordinance by selling liquors
Now is your great opportunity. Wo prefer to cut the price
and get them into homes, rather than hold for regular prices.
It matters not what inducements others are offering, we are
in a position to do better, as an investigation will prove. We
make no statements but what are backed up with the facts.
Whatever you do be sure and see us before you decide on a
.piano. We have the very best makes of pianos and player
"pianos, and notwithstanding the low prices we are naming this
month, if you are not prepared to make your first cash pay
ment, come in anyway and select your piano and make your
first payment next month. Tor the convenience of all, our
store will remain open evenings the balance of this month.
without a physician's prescription. They
were fined J12.50 each. Brandy was ob
tained by a woman who said she wanted
it to put In mince pies.
But costs no more to make your selec
tion for holiday gifts from a brand
new stock of
- and up-to-date novelties at prices that
are right.
Every, article we have for sale has
been purchased from manufacturers
" within the last month. -
. "We will be pleased to have you call
and see the prettiest little jewelry
shop on the Coast.
No trouble to show' goods'.,
New Perkins Hotel Cor. Fifth and Wash. Sts.