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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 5, 1911)
m is puzzled Ifl GONVIGT CASE Deliberators Ask Further In structions as to Attack Made on Guard. TILTS MANY IM TRIAL Drtth Is TeniUty If Accnsrd Pris oner I Ftonnd C.-nUtf of 1rt Dcgre Assault Governor Attends Hearing. gALKM. Or.. April . ?plt) At 11 o'rlork tonlrht. aftr bln out for mix hours, tfe Jury n the trial of Thorns OTiourke. chare-ed with assaulting; Guard Jrrr Hlmpson at the 'nintlary. was still undecided, com ing; Into the courtroom Xn ask for In- tru-tlnna and attain retiring. The rourt had Instructed tha Jury that three drcmi of rrtma could be considers.!, one for assault. na; an offi cer at tha Penltenllarr with a dane-er-u weapon, the penalty for which te death, and tha oth-r d!ra belli assault wtth a danerous weapon, or simple assault. The Jury araopled over tha question of whether Wltnurke knew ftmpson to ba an officer at tha Penitentiary, and ask-l Instructions on that point. Tha trial today waa rrplets with tilt between tha opposing couneeL and accusations of political motives wera llunc back and forth between tha at torneys. Governor West was an In terest.! auditor behind tha bar of tha ro-jrtruoin during much of tha trial tociiT. rolltlca Enters Into Case. politics entered Into tha ea wtien t II. MeMahon. one of tha attorneys for O'Kourk. attempted to hars Intro duced evidence tenllnic to show that the prisoner had been driven to mental lrrepolblllty by the fara at tha peni tentiary and he clashed wllh C. U. MrNary. out of the attorneys for tha state. "I want to show that throua-h tha monotony of tha food end because of food, most rank, a-Iven tha prisoners even when there were worms In It. that thts defendant has become mentally un balanced." slated MeMahon to the court. -I sIsa want to show that for 10 days, la hours a day he waa subjected to ba ins; tted to the bare of Ma cell, with his rands high above his hoad and his only diet was bread and water. There are ether cruelties that 1 want to brine out to show that tha treatment at the prison made this man mentally weak. Attorney MeXarr objected, declaring; that Mt-Mahon waa In the rasa beceune of a personal enmity aa-alnst the ad-' ministration and that his only desire la wtsblna to brine- out thts testimony waa to discredit the administration and not to save the prisoner at the bar. Personal Animus Altered. "It Is a matter of common know ledge that MeMahon has borne a per sonal animus acalnst the head of the Institution for a number of years." he said. This casa should be condueted to determine Justice for the defendant and not to furnish sensational reeding for tha newspapers." MeMahon denied that ho wae in the ease to Injure the officials at tha peni tentiary. "On tha other hand, however Attor ney McNary la hand In Klove with the administration and etts hlirh In Its counsels." ha asserted- "It appears to me that tha prosecutor Is attempting to protect tha administration rather than to sea Justice dona for tha poi soner. Judse Kelly ruled for the prosecu tion end refused to allow the testimony to be admitted. Trouble of Far Pate. The aJlea-ed personal animus that MeMahon holds for Superintendent James of tha penitentiary la aald to date back several years when J. K. hears of McCoy brought suit against t. W. James. It being alleged that James converted state property to his own um while superintendent of the penitentiary. This case was actually broua-ht by MeMahon. with Bears ap pearing as plaintiff. In a demurrer the defendant admlted th charres to be true, but tha Supreme Court held that a suit of that nature could not be main tained by a taxpayer but must be In stituted by the IHstrlct Attorney. During the trial today a number of convicts testified that Ouard Jerry Simpson assaulted CKourke with a rane before Oitourke stabbed Simpson. They stated that Simpson ordered tYHourko no shut up or I will break your head" and that ha suited the ac tion to the word end struck CRourke un the side of the head leaving an ugly gash. Attorney Lord for O'Rourke ru ty pe need Ave convicts for the defense and Attorney Wlnslow four for the state. MANY MEET COMMANDER Jlrcrption Given to Colonel and Mrs. Cornelius Gardner. VASCOTVER BARRACKS. April 4. ( Special. About I0 persons attended a reception tonight In honor of Colonel and Mrs. Cornelius Gardner. Colonel Uardner Is acting commander of the lepartment of the Columbia during the absence of Crneral M. P. Maue. who has been assigned to the maneuvers at the Mexican border. The reception was given by the of fleers and women of the post at the officers' club. The receiving line Included Colonel George K. Mctinnnegle and daughter. Miss Isabel Mc tunnee-le. Colonel end Mrs. O. S. Bingham. Colonel and Mrs. James F. Rogers. Mayor and Mrs. II. C Cabell. Mny persons from Portland attended the reception. HENRY CHILDREN TAKEN Btlnqe-1 from Fl-rt rase.) drcn. custody of whom had been award ed to their father. The children were spirited away la automobiles and the fugitives are now believed to be headed ' for the Mexican border. Mrs. Henry arrived la San Francisco from Seattle yesterday. She secured the aervlcea of half a dosea private de tectlvea In opposition to a similar num ber employed by her husband to guard the children. She went to the St- Stru veur apartments at Clay and Jones streets and gained entrance through a ruse. Detective Carry Off Children. Petectlvea employed by her husband were covered with revolvers by her . own detectives, while tha children were jnapsed la tlaaXsU Mil spirited awsj. Two automobiles had been left la wait ing nearby and tha woman with ber children and the six detectives sprang Into the machines snd disappeared be fore those employed to guard the chil dren were able to Interfere. Jfo trace of the automobiles In which the woman and her children disap peared has since been found. It was carefully planned and skillfully exe cuted. According to the facts set fori In a petition by Attorney tr. H. Metson. for Mr. Henry, this morning, the msn who supplanted Henry In his wife's af fections and brought about a dlvorra was not content wtth that, but has now aided In stealing his children from him. The petition sets forth further that the mother Is "of bad moral chsr acter and has been living with tha said S. Poster Keller." Thus far no trace of tha fleeing woman. Kelley or the two children has been secured. Kelley Is charged In tha petition as follows: Collation of Kelley Alleged. "That the said S. Foster Kelley. af fiant Is Informed snd believes. Is tha 'angel and affinity of aald Ivy May Henry: that the said Ivy May Henry and said H. Foster Kelley have been living at the Hotel Savoy. In aald dry and county of San Francisco and at other places for six months past; that the said 8. Foster Kelley le well sup piled with money and. affiant la in formed and believes. Is colluding with the said Ivy May Henry and the said Pearl Wlrkoff to evade the law and de prive Albert J. Henry or his two children." STREET DIRT GIVEN Property Owner May Claim Soil of Thoroughfare. JAP TREATY IS RATIFIED MIKADO PAYS ITIGII nOXORS TO AMBASSADOR O'BRIEX. lie Senda Personal Message to Taft Expressing? Friendship Treaty With Britain Signed. TOKIO. April . Ratifications of the American-Japanese commercial treaty were exchanged today, after a luncheon given at the palace br Kmperor Mutsu hlto In honor of American Ambassador O'Brien. Premier Katsura and Foreign Minister Komura were present at the luncheon, preceding which the Emperor received Mr. O'Brien In private audience. During the audience. His Majesty con gratulated the diplomat on tne share which he had la the negotiations, which made close the relations between the two countries, and entrusted blm with a verbal message for President Taft, In which the American executive Is com plimented on the conclusion of a treaty on which Japan places the highest pos sible value. After the luncheon the Kmperor per sonally handed to Mr. O'Brien an Eng lish translation of his formal message to President Taft. The Anglo-Japanese commercial treaty has been signed and will be published tomorrow. KXLEIUS KXCIIAXGE GREETINGS .Mikado's Message Calls Forth Cor dial Reply From Tsft. WASHINGTON. April 4. As soon ss President Taft received from American Ambassador O'Brien at Toklo. Emperor Mutsuhlto's message of cordiality he cabled the Japanese ruler a reply In a similar vein. The Emperor's message aald: "Attaching the highest Importance to the perpetuation of the relations of friendship and good understanding which have so long united our two countries, and believing that the treaty Just ratified will serve to strengthen and render still more enduring those relatione and knowing the Important part you took In bringing about the fortunate results, I desire to express to you the sense of my high appreciation of your successful efforts and an as surance of my continued friendship." The President replied: -I beg to assure Tour Majesty of my deep appreciation of the friendly message sent through the American Ambassador on the consummation of the new treaty between our respective countries. I am happy to Join with Tour Majesty In the confident expecta tion that the treaty will result In bind ing still closer the ties thst have so long united the peoples of the United States and of Japan In amity and peace. I also beg to assure Tour Majesty of my hearty reciprocation of the senti ments of cordial friendship." CREDITS NOT FOR PAROLE Attorney-General Xlold Only Con Tlcts la Prison Get Privilege. SALEM. Or- April 4. (Special.) That credits given to criminals do not apply to those who are paroled, but only to those who are In the State Penitentiary. Is the gist of an opinion announced by Attorney-General Craw ford today In response to an Inquiry front Governor West. The Governor asked relative to ths ease of Arthur Hitchman. who was sen tenced to serve four yesrs from Marlon County and paroled from the bench by Judge Burnett. He was sentenced three years ago at the April term of court. At the penitentiary, had he served there, credits would reduce his term of servitude to three yesrs. and in con sequence, bsd he served, his term would have expired by limitation of law. The Attorney-General says: 1 beg leave to call your attention to sec tion l&SO of Lords Orera Laws, which provldM. in effect, that If a person paroled frurn the bench recedes the minimum time, then the court may alsdiarse such person or rtmmnnd te the Governor the pardon of such person, and the order of dlscbante shall recite the fact that sorb person earned such dlsehsrse er pardoa by food behavior, and such discharge or pardon shall operate as a complete satisfaction of the or l emal Judgment br which the fine or Imjrtsonment la the penitentiary wss 1m poeed. but the court cannot lake lata eon slleratlon any credits, other than to con sider good behavior generally, aa to wheth er. If the person baa served the minimum sentence proTtdrd br law. he sbsll grant sn order of discharge. Tbe statute for credits does not apply te parole prisoners, but only for tboee serving In the penitentiary, and It matters not whether they are paroled from the bench or paroled from the penitentiary. Ilomeseekers! Cbehalls, Washington. Surrounded by largest dairy, fruit and farming country In Pacific Northwest, acreage Inducements for Intensive farm ing. County seat Lewis County, where land Is cheaper and the best. Chsballs Is the liveliest Intend Washington town of people. paved street, electrle lights, sewerage, water, gas and all mod ern comforts. Has l"V. la public Im provements under way now. Visit Cbe halls and see Southwest Wsahlngton's largest farming section before locating elsewhere. Chehalla has a variety of manufacturing with large monthly pay rolL For details, visit Chehalla. or ad dress Cltixenr Club. Chehslls. Wash. Dallas Brick riant Begun. DALLAS. Or- April 4. (Special) The Dallas Brick Tile Company, with G. M. Partridge as manager, has commenced work on the construction snd equipment of Its large brick and tile factory east of this city. The plant wlU emfloy from l to so man. SUPREME COURT DECIDES Uolderw of Abutting land Can De mand Earth Excavated to Mlddlo of Road, bays Justice McBrlde. Other Cases Completed. SALEM. Or- April 4. (Special.) That a property-owner on an abutting etreet in Portland owns the soli to the middle of the street and that he still owns It when It la excavated unless needed for the Improvement of the street and that he has a right to take It away promptly without delaying the work of Improvement, are points In a derision by Justice McBrlde. The de cision was banded down by the Su preme Court today in the case of the John P. Sharkey Company, respondent, vs. the City of Portland. M. J. Con nelley. W. Scott and T. McDougsl. ap pellants. Tbe opinion Is a reversal of the lower court, the suit being to restrain the city end contractors from removing the earth from an excavation made on Franklin etreet. The decree Is reversed aa to the City of Portland. It le held that If there is a place convenient for the contractor to dump the surplus d'rt It Is the right of the owner to have It dumped st such place ss he so Indicates at the commencement of the work, snd as dirt taken from such excavation Is usually valueless to the shutting owner, lie should be deemed to have abandoned such claim unless the claim Is made seasonably. It Is further held, however, that the owner csnnot require the contrsctor. at the contractor's own expense, to place the dirt at a distant or inconvenient place. To have the dirt so removed the owner must remove it promptly him self. Krebs Wins Case. Another of the famous Krebs vs. Llvealey hop rases wss decided by the Supreme Court today In an opinion by Justice Bean, to which Justice Mc Brlde dissents. The action wss af firmed. Krebs winning this case. The action waa brought because of failure of Livesley at Co. to conform to certain conditions of a hop contract. The principal question In this rase was that the contract was not severable and the reapondent. having brought a prior action upon the same contract, could not eue again. The contract Is held to be seversble. however, at the option of the party, where the con tract provides for separate settlements upon the delivery of a portion of ths goods. The action for damages of Gerklng vs. Laldlaw, appealing from Mult nomah County, is passed upon In an opinion affirming the lower court. The action was for damages sustained by false and fraudulent representations respecting title to reel property, the court holding there was not sufficient evidence to submit the csusa to the Jury. In snother Multnomah County rase. Lane vs. Portland Railway. Light dt Power Compsny. Judgment wss re versed In an opinion by Justice Bean, the action being brought for personal injuries and the rourt below directing a verdict for the defendant. Tbe higher court finds sufficient evidence to sub mit the question to a Jury. Multnomah Case Returned. Reversal of another Multnomah County rase. Rail vs. Olson, In an opinion by Justice Burnett sends the case back, it being hold that a reasonable time for aa agent to procure a purchaser, where a tune limit Is prescribed in a contract and what would be a reasonable time. Is a question of mixed law and fact for the Jury. Gunst at Co. vs. Bertha Myers, appealed from Multnomah County and an action of enforclbla entry and de tainer. Is affirmed In an opinion by Chief Justice Eakln. In the case of Wlnslow. as administra tor, vs. Rutherford, from Merlon County, an appeal concerning the construction of a deed, the decree of the court below Is modified In an opinion by Justice McBrlde. In this rase a grantor made a deed to the appellant In trust for t-e I use and benefit of his son. until the son should attain the age of la years. Prior to that time the eon died. The court holds that tbe aetata goes to tbe heirs of the son. In Parker vs. Daly, appealed from Co lumbia County, a reversal Is contained in the opinion of Chief Justice Eakln. tha suit involving the right of a pur chaser of real estate under a tax sale. It is held thst the owner of the para mount title cannot be allowed by equity to stand by and allow a bona fide pur chaser to make Improvements and refuse to reimburse him. But It Is held that tha owner of a tax title is not a bona fide purchaser. The suit Is dismissed. Six Rehearings Denied. Other opinions were handed down to day as follows: Miles vs. Hemenway. Mandate recalled and rehearing allowed. Baker Cltv Mutual Irrigation Company ts. Baker City. Reheertng denied. Do wo vs. Courtney Lumber Company et al. Rehearing denied. Davis vs. Magnes. Rehearing denied. Bennett Trust Company vs. Sengstack en. Rehearing denied. Calapoola Lumber Company vs. Rice. Rehearing denied. Purdy va Rice. Rehearing denied. Zellg vs. Blue Point Oyster Company. Motion to dismiss sppeal denied. Francis vs. Mutual Life Insurance Com pany, of New York. Motion to dismiss appeal denied In per curiam opinion. Roads to Be Oiled. At a meeting of the Tvanhoe Push Club Care of the Hair in Cold Weather (From the Southern Chrlettan Chronicle) "Many women take a needless risk in caring for the hair and scalp In cold weather. In spite of the utmost pre cautions danger of catching coughs and colds Is always present when the hslr and scalp are washed. 1t la aald that too much molature Is bad for tha hair because It makes the scalp hard and scaly and the hair coarse and brittle. A dry shampoo not only removes all dust and excess oil. but Is soothing, refreshing and in vigorating to the hair follicles. Some use plain orris root for shampooing but It is not so satisfactory as a mixture of 4 ouncee of orris root and 4 ounces of therox. "If anything will grow hair, therox will, and it at least will make any hair light, fluffy and luxuriantly gloesy. Just sift a tablespoonful on the head once a .week, or whenever you wish to drese the hair for a special occasion, and brush the orris root and therox completely through tha iiair," Adv. The store that gives the bargains it advertise!, and where the pur chasing power of your dollar IS MORE THAN DOUBLED. Thousands of pieces of new, crisp Spring Neckwear from 25 cents np that have made us thousands of customers. RfK and Alder fTi .w. (0 5th and Alder ,.m am TTT . fjrr"!' 'l jllJMwl JlllwSsjV 5th and Alder Uniay e w siu 5th and Alder The Greatest Purchase 'kr w - O JL I ? wa Latest oiyica Spring Suits NOW IN FULL BLAST Bought at 60 cents on the dollar and being sold at the same reduc tions from retail prices. We started this sale four days ago and have sold in that time over 1250 of these choice suits, but yes terday's express brought over 500 more still better ones which -we will sell at the same remarkable reductions : LOT 1 $25 to I LOT 2 $30 to LOT -$35 to LOT 4 $45 to $28 Suits go at $35 Suits go at $40 Suits go at $50 Suits go at $14.95 I $16.95 $19.75 I $24.75 Come to this EXTRAORDINARY SALE and buy your NEW EASTER SUIT at about HALF price, as these are the greatest bar gains ever offered in Portland. I GRAND LEADER 1 1 GRAND LEADER IKT r... r - I I w Pr t, m POPU-UAUTV-OKO, CHaX. AlKUa, UVVSOX, GRAJaM COxtHKHCIAl. VKHJ01JB 3 In the Methodist Episcopal Church. East Fortieth street and Towel Valley road, last night, a special committee reported that County Commissioner Lla-htner had ld that tne . otinry 01 amnnmuitu prnml will oil the Powell Valley road between East Twerrty-slxth street and the city limits and East Forty-second street, be tween the Powell Valley road and Glad stone street. Both are county roads. The Addition with Chorectcr Let Us Convert You to Portland's Vast Army of Home Owners Quit throwing your money awajr paying rent. Kvery dollar you pay to your landlord is gone forever. Mead & Murphy, 522 Corbett building, sales agents for Laurelhurst, have an interesting message for rent payers. If von are a rent payer, drop in and have a talk with them. They can show you how, for a comparatively small sum of money, you can soon own a home in Laurelhurst Portland's premier residence property. TnVe a Rosa Citv Park, East Glisan street or MontaviIIa car and go out to see LAURELHURST. It will pay you. LAUREL HURST is just 15 minutes by ear from shopping center of city Laurelhurst lots are $300 and up 10 per cent cash, 2 per cent month. Office pnones:. iuain iotj; iio. 1 ml n 1TO ROOSEVELT HERE TODAY! If you have your own camera, you can "SNAP TEDDY" yourself, from your own point of Tiew, and you will treasure the- negative aa long as you live. 310 No. 1 Folding Pocket Kodak No. 1 FOLDING POCKET KODAK, -with Meniscus achromatic lens, 1(1 00 .moti. Wtr. "Price .P-sVVJ ui;i.c v sa u .viiiH w cn.fr- Brownie No. 2 54 m $2.00 ggj Developing and rrmting at L-ut-Kate rrices Roll Of 6 up to 4x5 size 10 Roll of 12 UP to 4x6 size... 15c Come la and ask for Cut Rate Price List. ESIARGEMEXTS-We make a specialty of 8x10 en- OC. largements for only Other sizes, prices la proportion. No extra charge for sepia tones. All work guaranteed Thp Owl Drue Co. Washington fatr Quick Deliveries on T7 TTTTJ CAT " The Traction Engine Without Wheels 'as. - T mim ' nrV- sw. Caterpillar Pulling 12 Tourteen-Inch Plows and Packer at Condon, Oregon. FARMERS! FREIGHTERS! ORCHARDISTS ! Wire telephone or -write quick if you -want one of these engines for your SDrintr operations. We can ship a limited number of Caterpillars immedi ately from Portland, Spokane, Walla Walla, Helena, Mont. ; Rexburg, Idaho, or Stockton, CaL The Lewiston Land & "Water Co. XCumbermena Bldg., Portland)' telephoned us an order for a Caterpillar Wednesday night. We delivered the engine from Spokane to Lewiston Friday . ' morning; unloaded and started plowing on the orchard tract immediately. A grand success for this work. PLOW, SEED, HARROW, HARVEST, HAUL CATERPILLAR Holt's Caterpillar does the work of 30 horses. ' 'Will operate on hard ground, soft ground, sand, tule swamps and rolling ground. It does not pack the earth; bridges over rough spots and ditches. Burns 40 to 50 gallons of Distillate per 10-hour day. .CKstUlate m drums costs 7c gallon, Portland), ji ADDRESS, WIRE, PHONE 2 Holt Fdanufactiiring Company Or Call ea Portland Rrprraestatlve, 1 IfAC ITs's.nt A QnAlrona Wa C Vl j. w. ma. MAIL COUPOW TODAT. THE HOI.T MFG. CO, 1100 First Ave., Spokane, Wash. Please send me quick, tree Caterpillar information. Name. . . Address. m 108.2 3