Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 21, 1911)
6 CASES REVERSED 3S mim jjc- M i t--v-y -. i-i'-" -c;?yTi f - - t M NVITATION' Jesse Parker, Charged With Killing VV. N. Porter Gets Another Trial. IN SUPREME COURT v INSTRUCTIONS HELD WRONG Opnlon by JuUre Mc-Brlde Declare That Court's Ruling Is Highly Prejudicial to Man Ac-ruM-d of Crime. 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 ftemlllard case. 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 Kakln. 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 register. ' 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- rt '-I as mr. 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. -ANNOUNCEMENT- 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. ITEMIZED STATEMENT Store Front Bakery Store Ground Floor Dining-Room 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 of. ' 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 Pacific Coast. 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. Mezzanine Floor or Gallery . Culinary Departments Grand Staircase to the 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. Store Rooms Mezzanine Floor or Gallery 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 Furniture 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 main entrance). 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 basings. 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.iHf1la .....mil i nil it r1 1mVnTiLliMtfiri,1Wy' HS9A ' is 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 Uowiits county. 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