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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 21, 1911)
6 CASES REVERSED
mim jjc- M i
t--v-y -. i-i'-" -c;?yTi f - - t
Jesse Parker, Charged With
Killing VV. N. Porter Gets
IN SUPREME COURT
INSTRUCTIONS HELD WRONG
Opnlon by JuUre Mc-Brlde Declare
That Court's Ruling Is Highly
Prejudicial to Man Ac-ruM-d
FALESI. Or.. Not. 20. (Special.)
Uridine that the evidence la very con
fllctlnc and that the Jury, under the
circumstances, la better qualified to
retry the case than the higher court,
the Supreme Court. In an opinion by
Judae MrBrlde. today reversed and
ordered back for a new trial the case
f the ltate of Oregon ti Jesse
Parker. The appeal was from Union
County. Parker was Indicted on
rharr of murder In the first degree
for killing W. N. Porter and the jury
rendered a verdict of manslaughter.
The reversal hinged on the question
of Introduction of evidence tending to
show that the deceased wil unarmed
at the time of the shooting and that he
was not In the habit of carrying fire
arms and never owned a pistol, and as
to Instructions relative to that point.
Iastraetloa la F.rrer.
The Instruction as given by the court,
the hla-her tribunal holds, la erroneous
and highly prejudicial to the defendant,
the question of whether there waa a
doubt raised In regard to whether or
not the defendant having acted In self
defense being the prime one considered.
"It requires that there shall be a
doubt In the minds of the Jury." saya
the court In relation to the Instruc
tions of the lower court, "aa to who
was the asressor. before they can con
sider evidence of previous threats of
the deceased, wherein the law la. mat
evidence of such threats may Itself
be sufficient to raise a reasonable doubt
where none might otherwise exist."
There were no eye witnesses to ths
shootlna- and the defendant bases hi
rase on a plea of self-defense and
that he acted after being attacked. An
Interesting point was orougnt out in
the case when the defense set up that
tho defendant had been used to carry
ing a gun. but on rebuttal there was
evldenre that the defendant had never
carried a run and no run could be
found about htm or near the scene of
ths kilting. Although the kilting was
In the middle of a public road, several
weeks afterward a rusty run waa dug
up at that point, being found by on
of the attorneys for the derense.
Opttoa Cases Reversed.
Two Union County local option easea
were reversed In opinions by Justice
Moors todsy. these being ths cases of
Victor Towosend and Del! Kennedy ana
I Remlllard. In the Townsend case,
the court In construing the local option
law says that It was patterned after
the Texas law. and that It la a well
known rule of construction In Oregon
that when a law of this stats ta bor
rowed from the law of another stats
that Its construction hers will be
similar to that applied by ths court
of the last resort In the stats from
which It was borrowed.
The appeal waa grounded on failure
to sustain a demurrer that tho aver
ment did not rive facta sufficient to
constitute a crime. "The failure to
aver that an election had been held In
Tnlon County at which a majority of
all the votes cast on that subject
favored prohibition rendered the Indict
merit Inadequate In that It did not stats
facts sufficient to constitute a crime,
and an error was committed In over
ruling the demurrer Interposed en that
ground.- says the court. The same
ruling was given In the Kennedy and
other cases decided today, all re
versals, were as fallows:
Vmmmtj .t atalaed.
Ueorge Talmer Lumber Company, ap
pellant, vs. ' Wallowa County, re
spondent; appealed from Wallowa
County. J. W. Knowles. Judge: re
versed In an opinion by Chief Justice
Ha kin. This was proceeding to re
view the action cf the County Court
of Wallowa County in laying out and
establishing a road.
Whltten and llryant. respondents,
vs. M. C. Orlswold. appellant: ap
pealed from Multnomah County. K. O.
Morrow. Jut!:e: reversed and remanded
In an opinion by Justice Bean. This
was an action for S14.S07 commission
for the purchase of timber lands.
In the rase of Kuratll vs. Jack
son, appealed from Washington Coun
ty. J. V". Campbell. Judge, a petition
for rehearing Is denied by Chief Justice
STREET SPEAKER DEFIANT
Salrm llk-c Clah Willi Kcrrent
live of I. W. W.
SAl.KM. Or.. Nov. 20. (Special.)
openly defying the police to arrest him.
W. E. Clark, agitator for the I. W. V
liarangued at length undisturbed to
night at State and Commercial streets
after he had been arrested today for
disturbing the Salvation Army meet
ings at that corner.
Clark was released on i:S bonds and
Immediately returned to hla denuncia
tions on the corner. lie declares there
are 10 I. W. W. workers here to back
htm up. An attempt was made to have
Salvation Army people arrested after
Clark's arrest, but the warrant waa
refused. Clark will be arraigned to
morrow morning and promises that
there wl!l be some startling develop
ments If he Is sent back to Jail.
HENDRICKS PROVES ALIBI
Woodland Ilote 1 Holds Prisoner
When Sheriff Is Shot,
VANCOUVER. Wash.. Nov. 10 (Spe
cial.) That John Hendricks. In Jail
here on the charge that he knows some
thing of the murder of W. H. fhorea,
tt Wutler. last Tuesday, was In Wood
land. Wash.. Wednesday night, when
Sheriff Ira Cresap. of this county, waa
shot In the local railroad yards, was
learned today when the Sheriff went
to Woodland and compared the writ
ing of Hendricks with that on tho hotel
Hendricks said he was In Vancouver
Tuesday night, and this Is substanti
ated by his father and mother. Mr. and
Mrs. John Hendricks, who live here,
and that he was In the hotel In Wood
land Wednesday night. Hendricks
told Sheriff Cresap he registered there
under the name of J. Murray, and was
In room . which waa learned to be
true. Mr. Swarta. owner of the hotel.
Identified Hendricks, alias Murray, to-
ON WEDNESDAY, November 22, the Royal Bakery & Confectionery will receive
as their guests, the public of Portland, from 2 P. M. till 10 P. M., at their new
and greater bakery, lunch and store in the Royal Building (old Tull Gibbs
Building), 344 and 346 Morrison Street. During these hours light refreshments wuT
be served on the Mezzanine Floor. Ladies and their escorts are especially invited.
To All Portland:
This new branch of our bakery is so thoroughly correct in every detail
"from the smallest sink in the stock rooms to the golden signs on the portals"
that it tvill be in the nature of a revelation to the people of Portland, and espe
cially appreciated by the ladies.
There will be attendants on every hand, who will personally conduct each
visitor through kitchens, dining-rooms, store departments. Mezzanine floor, 'rest
rooms, et cetera, purely for educational purposes. A thorough inspection of our
complete sanitary arrangements, adequate equipment, and the beauty and con
venience of our new Bakery Lunch is desired by us.
Yours for Perfect Sanitation,
ROYAL BAKERY & CONFECTIONERY, Inc.
Manufacturers of Bread and Cakes of Superior Quality.
THE PUBLIC will readily recognize in the above sincere, straightforward statement, the evidences of a high
and noble purpose which characterizes and underlies the entire course of the Royal Bakery & Con
fectionery since its existence in Portland. It is not merely to make poney, but to build up an institution
which shall always be a source of pride to its chosen city and state, and to surpass not only its competitors, but
its own past efforts, no matter how splendid they may have been. The announcement gives but a faint con
ception of the beautiful Bakery Lunch the Royal has prepared for the public an establishment destined to be
come recognized as a standard of perfection hitherto unattained. It deserves further description and an
itemized statement will not come amiss.
There are forty feet of French-plate glass windows,
hacked by glass shelves and dust-proof cases to accommo
date and display the superior goods the Royal is so proud
Dirctly adjoining the display in front, is the Store Depart
ment, covering an area of 800 square feet, whence the
Royal Bakery products will be retailed.- This department
is worthy of particular attention, in that it will be lighter,
airier, roomier and prettier than any other bakery on the
The Ground Floor Dining-Room comes next, with com
fortable seating accommodations for one hundred persons,
and an area of 2400 square feet. It is complete to the mi
nutest detail in its appointments, which include a rest
room, with facilities for writing and telephoning.
or Gallery .
This stairway is a revelation to critics of art. The ap
proach from the ground floor is by a double stair, which is
a marvel of exquisite beauty, mounting by easy steps to
a commodious landing, and thence to right and left. This
crund stairwav is done in white enamel, with deep, soft,
Mp77anir!P Flnnr velvet carpets, solid mahogany rails and posts, decorated
lUClxamuc 1IUUI with specially designed light fixtures, the whole remind
- ing one of the celebrated Louis XIV palace stairs in Paris.
Twenty steps up this charming passageway, and you are
on the Mezzanine Floor.
The Mezzanine Floor requires 4000 square feet and has
seating capacity for one hundred and fifty persons. This
floor has so much to commend it for its elegance, distinc
tiveness and commodious appointments that it is best de
scribed by saying that when you enter it and look about,
you almost imagine yourself in the grand salon of a mod
ern transatlantic liner. Its massive, mirrored pillars and
beamed ceilings, merging with the panels of ivory white
and the solid mahogany trimmings of the beautifully
tinted walls, set off here and there with touches of gold,
combine to make a color scheme indescribably rich and
satisfying to a cultivated sense of fitness. "
These departments, of course, embody the real essentials
of a sanitary bakery, and are the real pride of the Royal.
They are located in an adjoining building, entirely sepa
rate in every way from the Dining and Store Departments,
heretofore described. They are two in number (two com
plete and separate kitchens), one being for the exclusive
service of the guests on the ground floor; the other for
the exclusive service of the guests on the mezzanine floor.
They cover an area of 2000 square feet. A ventilating
shaft, fifteen feet in breadth and five feet in width, has
been erected, connecting with these kitchens and running
to tha top of the eight-story building, which will carry
off not only every particle of odor from cooking, but
likewise every bit of neat and steam, so that the tempera
ture of these kitchens will be as even, and the air as pure
as that in the dining-rooms.
There are store rooms a plenty; the ice cream tubs have
their own separate home; likewise the linens, the groce
ries, et cetera ; all of them, like the two mammoth kitchens,
are in a building apart from the store and dining-rooms,
thus enabling all goods and raw materials to be received
through an entirely separate entrance way and from an
entirely different street (fully one block away from the
The tables, chairs, hatracks, et cetera, were all specially
designed for the Royal, and made to its exclusive order
out of the best quarter-sawed oak, finished in rich, dark
green, so as to perfectly match the verdiant antique marble
The foregoing conveys but a vague idea of the Royal's crowning achievement in sanita
tion, utility and beauty. A visit on Wednesday will be worth your while.
REMEMBER THE HOURS From 2 P. M. Till 10 P. M.
Royal Bakery Confectionery, inc
Royal Building (Old Tull & Gibbs Bldg,) 344-346 Morrison Street
Sole Makers of Royal Table Queen Bread Sold by Best Grocers
No Goods Will be Sold on Our Opening Day Inspection Only Is Our Aim
i nil it
day. and laid trial - trie man arriTea
there Wednesday afternoon between
I and o'clock, and left at 7 o'clock the
following morning. naa am pie
ttraa to walk from Woodland to where
he waa captured br the authorities of
Hendrlcka' parenta and a married
later, who Uvea In Portland, have
visited him at tho county courthouee.
The prisoner alleges he waa never on
the North Bank Road, but hla mother
said he came down that way from
Idaho. - -
Hendricks was born In Polk County,
Or., and before he 'was 21 years old
was sent to prison for stealing horses.
being released when he was 21 years
old. The second time he was In he was
convicted of cracking a safe In the
Owl saloon, and was given a five-year
term. He was released August 23, last.
Hendricks asserts his innocence, but
will not say mor