------- - - TnE OBEGOmX. WEDXESDAY, MAY 24. 1911.- COX ACQUITTED OF NEGLECT OF DUTY Court Instructs Jury That Of fense Charged Is Not Covered by Law. EVIDENCE NOT SUFFICIENT County Ixteotlve? Admits He Would Not Have) Frit Justified in Mak ing Arrest itnoui i thorlty of Warrant. n v . il!rt nf not arullty directed y Judf Kilu(l. es-Chlef of I Police Cox was Irnd from im cn. r.f uiIki of official duty In not closing disorderly houses about the city, at th aftrnoon Rulun of hi trial In th Circuit rourt yesterday. Th court baaed th directed verdict on tha rround that tha acts with which tha Chief ii charged wera not a crlma gainst tha Oregon lawa and also that tha vidnre wa not ufflclent to Justify a continuance of tha trial. Deputy I'istriri Attorney Collier, a ho. with, Ltiuty I'tstrlct Attorney Ienntson. waa conducting tha casa on behalf of tha stale, contended strongly egalaat tha motion of Co" attorneys that a directed verdict be Riven. Law Not Applicable. It was Just after tha state had rested Ita case yesterday afternoon that Kaiph K. Moody, one. of Cos' attorneys, presented the motion that tha case be dismissed. In addition to contending that the evidence was not sufficient to .warrant a continuance of the case. Mr. Moody Insisted that section S05 of tha state law did not provide that a neglect of duty of the kind charged against the Chief of Police waa a crime. The law. he said was directed at any one who might retard Justice by wilful necloct of duty. Burn aa an officer who failed to serve a legal paper when directed to do so. and that It could not be applied to the case on trtal. A point made by the defense waa tha dinculty In getting tha necessary evidence against disorderly houses to brine about a conviction. Tha only evidence produced In the case to prove that the house mentioned in the in dictment were of a disorderly nature, waa their reputation as such. p. J. Ma her. the county detective who had prepared a list of the houses fnr tha uaa of the District Attorney, testified that while he had visited them to get tha evidence required, the evi dence obtained waa limited to the repu tations of the places. Arrest Not Justifiable. "Would you feel Justified in making aa arrest of any person conducting one of these houses on the evidence at your command r' Mauer was asked, by John F. Logan, ona of Cox" attorneys. "Not without a warrant." waa the reply. Tha testimony of Police Captain Slover waa the most detrimental to Cox' defense. Ha aald that in an In terview with Cox he bad been told by Cox that he should not Interfere with the so-called "parlor houses" until he received order to that effect. Tha Chief told him. he said, that Captain Bailey would look after the "combina tion houses.' or those in which intoxi cating liquor are sold. At a recess of the case. Chief Cox m.d. It a iMilnl to denv the truth of Plover testimony Insofar aa It re- ! f-rrtd to letting the parlor bouses go without being molested. "Captain Slover is In error la that." said the Chief. "I never told him that." The testimony of Captain Slover was made one of the featurea of Mr. Col lier's demand that the case be not dis missed. IVtectlve of the Mjnlclpai Associa tion, who gathered evidence thai re sulted In the Indictment of several women shout the city for conducting disorderly bouses, were forced on the witness stand by Mr. I.cgan to acknowl edge tiat not ere of ur.e Indictment aatnst trie won.en bad retailed In a conviction. resilience Section Invaded. The defense latd stress on the testi mony of Detective Maher to the effect that since the effort had been made to purlfv the city. Il.e Immoral women had been moving about from place to place. Invadtr.g at time the most ex clusive residence districts. The wit ness testified that one place on Wil lamette Heights had come Into exist ence as a result of the crusade that had been cad against this class of women. O. E. Keilog testified that be had been employed by the Municipal League to gather Information against disorder ly bouses, and that when visiting some of these be was told by the woman conducting the place at 1 Cay street that a policeman waa at that time a patron of tlie r ace. A little later, he eaM. a patrolman with a star numbered Z I emerged from the house. An Incident of the t-ial yesterday was the controversy that Attorney Lctaa stlrra-1 up r-v Irttmatir.g to a wit ness thai Dtatrt'-t Attorney Cameron was not active In suppressing vice un til after the Municipal Association bad threatened to circulate petitions to have Cameron recalled- The deputy District Attorr.ev went to the defense of Mr. Cameron and made u.-h a protest that the court ruled that the Issue had nets lag to-do wltt the trial. Inference Not Permitted. It was wh!Te Maher was still on the tand. Jjat before the noon recess, that Mr. Logsn asked him this Question: "Was It not about the time that the Municipal Association was threatening to invoke ta recall against Mr. Cam eron that he suddenly became active tn investigating these piacear The question fallowed the witness' statement that he was working under the direction of the District Attor ney' office in gathering evidence against tmmoral houses. Deputy District Attorney Dennison was vigorously protesting to the ques tion, even before It was fairly com pleted. He appealed to the court to prevent such an Inference, and aided by his colleague, soon obtained the ruling that the u.uestton need not be answered After the case was dismissed, the Jury went Into tha hallway of the Courthouse and among themselves took a straw ballot. It waa arreed by all present that they would have voted for an acquittal. If the case had son to there, for a verdict. of the concert, money to pay for a bed at 'St. Ylnoant'a Hospital, a bed that will be known as Queen Alexan dra bed. and other benevolent work. The music programme I a good on and will be taken part In by Mis Jan Irene Burn. Mrs. Hose Reed Haneome, Robert Burton, pred T. Crowther. J. M. Hughes and Carl Denton, with Scotrh dance in costnm by Misses Elsie Johnston and Annie Williamson, as sisted by John Smith, piper. Addresses will be made by W. T. Williamson and James Laldlaw. British Consul. AUDITORIUM IS INDORSED Sell wood Commercial Club Heartily In Favor of Plan. Tom Richardson delivered an ad dress at the tSellwood Commercial clu broom last night In favor of tha auditorium project. Involving aa lsn of o.vui bonds. He was cheered and at the conclusion of the address a motion to indorse the project was adopted unanimously. Mr. Richardson said, among other things: .' "We know what the rose has don for rortland. With the Auditorium to help. Is- It not possible to make th Rosa City the musical metropolis a well a th capital of flowers? Will snythlng mix better than roaea and muster They ar twin to start with. Th Auditorium spell 'get together la chorus. Tjtay together- I th earn result of a few doaea of Auditorium mixture. "We are proud of Portland. God built an auditorium for It to grow In. Nature worked overtime tn construct ing a great scenic section. Portland Is Ita hub. . "W pleas the visiting delegate. Let prepare an auditorium to multi ply thla new American species. It pay. Ask Los Angeles. "Kvery man and woman who comes from the Kaat to the Pad no Coast becomes a better American. Tha Audi torium will bring them. The Audi torium la a missionary as well as a patriot builder." INSTITUTE T0 BE HELD Sunday School trcroentary Grade) Teacher Will Meet. Sunday school tearhers of elemen tary grades of all denominations will bold an Institute in the Whit Temple all day Thurday. beginning at 10:30 A. M. The Institute is under the di rection of the Portland Graded Union, which has invited all Sunday-school workers to attend. There will be a luncheon and social from noon to -P. M. and the programme of exerct will be: II V. reorlonsl opening con ducted by th president. Mrs. R. R. Steele: motion snnss and exercises bv the union: "Wnat Shall We De With the Babies?" Mrs. 1 C Philips; "A Little Child Shall Lead Tbem." Mrs. O. J. Ferris; "The Us of th. Ere-r.;e." Mrs. C. A- Morden: round table, conducted r-y Mrs. J. W. Wllklus: model of the temple, shown and explained by Mrs. C A Paddock. . oo P. M. Devotional opening. Tr. Luther w. t"lt: "Handwork. J. A. tm rich: "How Hhall W Be Prepared?" Mrs. H g Black: round tshle. conducted by Rev. C. L Phlppe; motion sonss and ex ercises, by th union: "cirowth of the I nlon." Mrs. F. R. Cook: "Practical Work i .n K-hnnla" Rev. C. L. Phlpps: sec tion conferences tn separate rooms: Bln ners Mra E. L. Hart: primary. Miss Orace Hays- Junior. J. A. Emrlcn. Music for re aseernr.lv. Misa Lula Forrester; talk by R. R. Steele. "EVERY LITTLE MOVEMENT" "Every little moment saved hag a value all It own." Phone B. & O. Transfer Company when In a hurry to catch your train. Th only company In the city that checks your baggsge at your home or hotel. Main . A H!!.' Com r-uleory domestic service Is advocated Itrltish Concert I Tonight. Tn St. Andrew'. British Benevolent. Caledonian. Welsh and Canadian w. defies and Claa Macleay. of this rttv. unite In a concert at the Armory. Tenth ard Coach trts. to celebrate Em pire day by raising, with th proceeds OUR SERVICE Reside, transacting a peri oral commercial banking business and maintaining a separate Savings Depart ment, we handle trusts in all their varied forms. Remember, we ran serve you in any capacity respect ing your property interests or your money. MERCMNTS SAVINGS & TRUST COMPANY Capital $150,000.00 OFFICERS AND DIRECTORS W. H. FEAR, President WILLARD CASE. Vice -Pres. 0. C. BOBTZMEYER. Cashier. E. M. HTJLDEN'. Ass. Cashier. 0USTAV FKETWALD. GEO. N. DAVIS. JAMES B. XEF-R- Opcn Saturday Evenings From 6 to 8. HOW TO SUCCEED Purine th last few year condition In all line of bnslness. even profes sional life, have changed o completely that every man 1 waking tip to th far, that In order to win ucces he must speclsllie and learn to do some one thing and do It well. So It is with any article that ia sold to the people. It mint have genuine merit or no amount of advertising will maintain the demand for the article. Vor many year w bav watched with much Interest the remarkable rec r.l maintained by Ir. Kilmer's Swsmp-Koot. the great Kidney. Uver and Bladder Remedy. From the very beginning th proprietors h,d much confidence In It that they Invited every one to test it. free of coat, before pur chasing. It Is a physician- prescription. Ther bav on tile thousands of let ters received from former sufferer who are now enjoying good health as a result of its us. However. !f you wish first to try a sample bottle, address Lr. Kilmer 'o Blnghamton. N. V.. and mention thla paper. They will gladly forward you a sample bottle by mail, absolute ly fre. Kegnlar sixes for sal at all drug gist fifty-cent and one-dollar. f Set011 111 I xrrutx rfx I MdFllW& ' KOHLER i 375 -aya 375 V Street . y&SffiT . j . I TO THE PUBLIC: r 'Vk' flXDSESDAV, MAT TWESTT-rOrRTH. CLE.1IUXCB SALE SPECUU. ' 5 -"" ; .''! These Instruments will be placed on sale Wednesday. 8:30 A. M an3 offered 1 . y J -- .-- i"Se,"J "date Tha following bargain Tin new. discontinued styles, and I:.; " . '" ' C .!' MbSut DrarIo8 ar all giiaranteerf to be in excellent playinsr condition many V - ' .-...; ? cannot b told from new. N. B. Kindly bring t.M advertisement 1 " i ' 'L;. wlt?y?a.SrMkalmi?forbain Pisd P'4' V ly Si i In h.milnr the Iramenw crowd. iuid ce no '7 " V J , JV ,, ' . v ' ' waiting. Kohler Chase, 876 Washington st, at W eat Park. Established 1850. V, JT r-'-r-v'J KOHLER & CHASE AT WpSi O y V N I KOHLER & CHASE WASHINGTON i (eV Tf TP f m 1 m mll Sfe l Open Tonight Till 9:30 J (IJHI ji. Jpen lonignt 1111 ( 1 -' f: Vs j -. , - m i: . ' . T ' S r attisj fcy .vivfc' '31 S,-;tr, x. Err P. Jr i i 'i ii i,t'j jj"'1, :i- mmmmm 1 1. i VXi 1 l nn --- ifjgtlll -'.--Tre . ' " J . ! '7 1 w-"t-5itriii-ij i r -r