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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 23, 1911)
EXPERTS' HONESTY WILL BE ATTACKED Lawyer for Dr. Hyde to Ques tion Evidence That Poison Killed Colonel Swope. CASE IS READY FOR JURY Trnmerulinn TTInta That Defendant's (liirirttT Will 1V Put on Grill , If FjMranjremcnt FVom Wife Is Broached. KA.VWA HTT. Mo, Snr. J J. Fran P. Walsh, attorney for the 4rrm, fin ished Ms omr.f statement to the ?nry th's afternoon In the nn of Tr. R r. Hyde, charred with the murder of Colonel Thomas II. Swope. Juris PorternVld announced that the bearing of fldnrn would begin tomorrow WtUli told the Jurors that they were to he asked to taks the Ufa of a nn upon the Uncling of an Infinitesimal amount of cyanide In the stomach, of the dead mllllonatra and tha IMtlmonr of a chemist who had been html at 119. a day to find a deadly quantity of strychnine In Colonal Swope's viscera. Walan aald ha would attack tha In tegrity and ability of the exports who conducted tha autopsy upon Pwope's body and who made search for the poison. Tkarwrtar May Re Attacked. When Walsh referred to the es trangement that had existed between rr. and Mm. Hyde and Mrs. Locan F. Fwope. Mrs. Hyde's mother. Senator Reed, for the state, was heard to tell the Judge that If such reference were allowed, the state would go Into the rauaes of such estrangement. That, It la believed, would mean an attack upon the personal character of I'r. Hyde by the prosecution. In continuing- his opening statement this evening. Senator Reed declared graphically that Dr. Hvde. at the drugstore of Hur Breckleln. ordered atx Ave-gratn capeuls of cyanide of Mtuilum. to tnlni In all: that the amount and kind of poison ao surprised the elerk. as the stite would provo. he veyuld not sell the drug until tie had consulted Breckleln: that Breck leln refuaed to deliver the cyanide, even though Hyde was a known cus tomer, but told the physician to call at tha store for It, and that when Hyde did call, that Breckleln cautioned htm to be careful In tha use of such a powerful poison. raaealea Ceatala Peases. Senator Reed said the state would how that I'r. Hyde told the druggist he wanted tha cyanide to kill doss. Aa the prosecutor told how, as ha aald. Dr. Hyde had bought a coffin for Colonel Swope before be died, be paused dramatically. A deathlike silence hung orer the crowded courtroom aa he told how It would be shown that "young Torn Bwope" had eeen Hyde throw wr capsules, portions of which, on being analysed later, were found to have contained that "deadly and damnable cyanide.' JETTY NEEDS A MILLION rOBtlnued From First Pace) tlon of rock In low places, and to the preparatory work on the north Jetty and the operation of the dredge Chi nook In the Jetty channel. In addi tion to the appropriation of f 1.000.00 rash, be recommends that a continuing contract be authorised for the comple tion of the north Jetty, which will re quire 1155.000 more. If this continuing contract Is authorised, he believes that It will encourage the opening of new quarries for furnishing additional rock for the north Jetty, and thus obtain . rock more cheaply and expeditiously than Is now possible. The report aays that there are now two narrow channels with depths of st leaat IT feet connecting deep water Inside the bar wltb deep water out side, and one channel 1000 feet wide between the two with a minimum depth of ZTH feet, an Increase of one foot over the maximum controlling depth In 110. Tbtrty-feef Prelect ravere. The Chief of Engineers does not re gard the appropriation mad last ses sion for the construction of two dredges to be need In the channel be tween Portland and the sea as definite adoption of the new 10-foot project, though he believes that this adoption will be authorized at the coming ses sion, flans are now being prepared for both dredges and will be ready for advertisement early next year. Tend ing the adoption of the new 10-foot project. It la said $175,000 Is needed to maintain the present channel In tha Willamette and Columbia, of which amount 1320.000 will be used on per manent worka of Improvement and 1 1 55.00 for dredging. If the 10-foot project 1s adopted, some addltlonsl ap propriation will be made to carry on the work outlined In this project, which was submitted to Congress last Spring. The report saya that there was no time In the past year when ships could not safely load to IS feet at Portland and get out by taking advantage of the tides. The ruling depth at the close of the year from Portland to the sea was 14 feet, which is 10 feet more than when Improvement began. Cellle Flats, la la Planned. i The 1(00.000 recommended for the Celllo Canal will be nsed In employing labor and baying material to carry on tha work under Government supervi sion, and this amount la necessary to carry forward the project at a rate which will Insure completion In lilt. "In view of the progress already made." says the report, "It la apparent that thla work can be prosecuted to advantage with a view to completion within a abort time, abould Congreas so direct and make provision therefor by Increased appropriations. This would anabl the canal to be complet ed at considerably less oost than If the present rate of progress la ad hered to." The report does not throw any light on the Oregon City locks, aa negotia tions for acquiring tha right of way rre not started until after the close ef the fiscal year covered by the report-No appropriation la recommended for Coos Bay. because there la now on band 1400.00ft with which to carry the work forward neat season. This, with an additional ISO. 000. will complete the present project. "Perk Barrel" la Disfavor. In the report as a whole. General Blxby recommends no new projects of magnitude, and In the estimate unless Congress disregards the recommenda tions, the "pork barrel" method of river and harbor work will have been eliminated for a second year. The approprlsttons asked for an ag gregate of i:.2J.. as against $.10. 0S.S for the current year. The es timates will be sent to Congress by the Secretary of the Treasury snd Presi dent Taft In his message will urge that they be strictly adhered to. They are divided aa follows: Under continuing contracts. 111.114. 111. Rivers and harbors (general. Includ ing Mississippi River Commission and examinations, aurveys and contingen cies). 11T.141.S50. I'nder California Debris Commission (expensesi. Ili.oon. Prevention of deposits in New Tork harbor. 1S1.!0. In connection with the estimates General Blxby says In part: "Liberal approprlatlone are consid ered proper and desirable for snsgglng and other work necessary to make nat ural channela available wherever water-borne commerce eslets or Is rea sonably prospective. It Is believed tfcat expenditures for suoh improvements are almost always useful and advan tageous to the general public, P elally since the Introduction and rapid development of small gasoline motor boats for combined freight and passen ger transportation. us Cheaply Remwved. "In many cases It Is sppsrent that the failure to use a waterway is due not so much to lack of channet depth aa to the presence of snags and other obstructions which can be removed at comparatively small cost, thus making the natural channel depths fully avail able throughout the year. "Improvements adopted by i-nngress and not provided fir in the estimates have been omitted eitner on irreuni Insufficiency of funds now available, on account of lack of urgency or of rela tive Importance, on account of defec tive projects which were adopted many years ago and are In need of reexam ination with a view to revision, or abandonment, or In cases In which rec ommendations for appropriations for new projeote have recently been euo mltted to Congress In special report. -Under existing law. re-examlnatlons of existing projects are made by the board of engineers for rivers and har bors, in compliance with reeolutlons by either the committee on commerce of the Senate or the committee on rivers and harbors of the House of Represent atives, but these re-examlnatlona are subject to the limitation tnat no en largement of the scope of the project ean be considered, so that desirable ex tensions of nrolects cannot be recom mended. It Is believed that a similar provision of law authorizing the chief of engineers to cause a n-HMiuu of projects, at least those not hereto fore nassed noon bv the board of engi neers for rivers and liarbora, would ba In the publlo Interest. HAWLEY GALLED WRONG SPECIAL PROSECXTOKS IX IDA HO CASES FIGHT BACK. MAN SAYS HE SAW SL PATTERSON Husband on Hands and Knees, When Woman, Fired, As serts , Denver Carpenter. . BEAUTY'S FRIEND WITNESS AUorn-v-5eneTraI Wicker ham De clared Not TCenponalblo Gov ernor Criticised by Jixlffr, BOISK. Idaho, Nov. 11. (Special.) The United States District Attorney's office for Idaho was relieved of vir tually all Jurisdiction In the prosecu tion of criminal cases In the last four years, because tta officiate naked for and were granted relief in the Barber Lumber Company criminal and civil trials, and because District Attorney Llngenfelter. as a resident of Lewlston, waa disqualified In the Lewiaton Na tional Bank case, according to ex-As-alatant District Attorney Van Haa brouck In an anawer to Oovernor Haw ley's attack on the Government- spe clsl prosecutor. 'It Is unjust to say that the" policy of assigning special prosecutors to Idaho was at the Instigation of Attorney-General Wtckersham. when, as a matter of fact, apeclal prosecutors were sent to Idaho simply because the Dis trict Attorney' office was dlsqualttled from acting." declared Hasbrouik. "United Htates District Attorney Un- genfelter disqualified himself from the prosecution of the Kettenbsch-Kester timber case on bis own request because he wss from Lewlaton. He took the same action In the prosecution of the Barber Lumber Company cases on the ground that he waa nob familiar with the caae or the litigation that had been going on In the courts. "Thla shows, therefore, that in these three cases the District Attorney's office waa relieved of all responsibility In connection with their prosecu tion. Attorney-Generel Wtckerehum can hardly be held responsible, in view of the clrcumstaticea. The special prose cutors sre certainly not to blame." Associate Justice Hulllvan. of the Idaho Supreme Court, severely criti cises Governor Hawley for his attack on the Ieoart lent of Justice and its policy. "The overwhelming sentiment of ths people of Idaho Is In favor of the strict enforcement of the criminal statutea." be aald. 'The only way to stop fraud Is to prosecute the Indicted persons relentlessly. This does not mean persecution. "In consplrscy esses It slwaya has been the custom of both Federal and state governments to secure convic tions through the testimony of one of the consplratora. and to deal leniently with the conspirator who confesses. 1( this principle were not tsken advan tage of. convictions would be absolute ly out of the question In most cases. For this reason I regret that Governor Hawley so impetuously denounced the action of the Federal department in pardoning Robnett." BELASCO JOINS SYNDICATE Third Interest In Sli Important Ontlde Theater Scourrd. NEW YORK. Nov. 21. Announcement Is'made from the New York offtrea of Klaw A Erllnger of what Is said to be the most Important theatrical trans action In recent years, by which David Belasco acquires a one-third Interest In six of the most Important syndicate theaters In cities outside of New York and Chicago, Among tha theaters Is the Mason Opera House, Los Angeles. MUSICIAN IS SUFFOCATED Ycrang ' Organist Found Dead In Bathroom of Father's Home. 8AX FRANCISCO. Nov. Fletcher Husband, a talented musician, 11 years old, was suffocated by gas In the bath room of his father's home some time last night, the body being found this morning. He waa organist of EL Luke's Church of this city. HI father is Robert Hus band, manager of the Western Fuel Company. Illustrator Declares He Drove Off Host' Subsequent Victim Dur ing Call on Her, and Then Lent Her Revolver. DE.1VER, lfor. II. Tne only known eye witness to the shooting of Charles A, Patterson, for whose murder hi wife, Gertrude Gibson Patterson. 1 now on trial before Judge Allen In the district court here, waa placed on the stand today. He la A. B. Bhugart. a carpenter whose home Is near the place where Patterson was killed. On the morning of September U, be testified, be was stepping from a shed tn the rear of hi home when he heard two shots fired In rapid succession and saw. about 600 feet away, a man upon his hands and knees and a woman, re volver In hand, atandlng over him. "I ehouted to her to atop." aald Bhug art. "but she shot again. The man lurched forward on his fan. Running around the house, I saw the woman stooping over the prostrate form, Aa I approached she ran Into the house m front of which the shooting had oc curred. Vict tea Beyond seeeekw When I reached the man he was still gasping. I asked him who h was and what had happened, but he was beyond speech." "Did you find anything on his per son?" asked Special Prosecutor Benson. "I found a revolver." Bhugart re plied. He Identified the weapon with which Patterson was killed, bhugart said he had entered the house to which the woman had fled, and had found her In a chair In the sitting-room. She was apparently In a faint, he said, but when he loosened her Jacket to aearch for a weapon, she opened her eyes and looked at htm. Testimony Is Unshaken, T asked her who the man outside waa." declared the witness, "and she answered. 'He is my husband, and he has wronged me." This waa her only statement. Bhugart declared. Cross-examination by Attorney Hil ton for the defense fatled to shake Bhugart a testimony on any material point. Before the examination of Shugart. the state Introduced witnesses to substantiate Its claim that the killing of Patterson was premeditated. George W. Strain, a young lllus trator. of Denver, told of occurrences at Mrs. Patterson's bungalow on the Saturday night preceding the shooting. He had been In the habit of visiting t Mrs. Patterson's home, he said, and admitted that he had gone armed on thla occasion, as Mrs. Patteraon had told him her husband had a violent temper. Bosbaad "addealy Appear. Patteraon and a friend appeared at the house unexpectedly, he said, and Mrs. Patterson, who had been sitting on the porch, hurriedly went Into the house, Patterson ordered mm irom mo premlaes In a threatening manner, the witness said, and he drew a revolver and forced Patterson and his friend to leave. Strain said Mrs. Patterson rsn after her husband. After her return, ahe upbraided him. he declared, for JeoparolzTng the chances of success In her divorce action. She asked him to leave his revolver, which he Identified aa the weapon with which Patterson waa killed. In a cold, pitiless statement hard as tenmered steel. Prosecutor Horace O. Benson outlined to the Jury the case of the state sgalnst Mr, ratterson. nerlaring that the state expeots to show that Mrs. Tatterson. after being separated from her husband, under cir cumstances that threatened to Jeopard ise her chancea ror success in me oi .nm action she had brought. Benson said she armed herself, lay In wait for Patterson at spot which ahe knew he was accustomed to pass' In bis morning walks. Inveigled him to an Isolated place, and shot him In the back, deliberately and premedltatedly. He ssked for a verdict ot nrst-aegree murder If these things were proved to the satisfaction of the Jury. Meeting la Sought. Prosecutor Benson said he expected to show that on the day following Strain's encounter with Patterson. Mra Patterson tried to arrange a meeting with her husband, but that he refused to meet her and that on Monday morn in Mrs. Patterson, taking with her Strain revolver, went out to a spot nesr the sanitarium ana wsitea at a place ahe knew her husbsnd wss ac customed to pass In his dally walks. "When Patterson finally appeared snd saw his wife." Benson declared, we expect to show that he started to fun, but stood still when his wife called to him to stop. "We expect to show that she then went up to him and caught him by the arm with her left hand, while In her rlsrht hand ahe held the revolver, hang ing by her side and concealed by her dress: that they walked together to one of the most Isolated spots In that vicinity snd that In this spot a shot wss heard. "That a witness who heard the first shot looked up and eaw Patterson on his hands and knees and heard him cry out; tha; this witness saw Mra Pat terson standing over the prostrate man pointing a pistol at hlra; that the witness cried out to her not to shoot: thst Mrs. Patterson shot her husband again in the back, and that a moment later the witness saw her shove the revolver under her hushand"a body and flee Into the home of E. B. Hendrle before the gate of which the shooting occurred." Prizes fp for Oregon Growers. Manager Chapman, of the Commercial Club promotion' committee, was advised yesterday by Will A. Campbell, secre tary of the Northwestern Land Prod ucts Show, to be held at St. Paul De cember 12-11. that the Northern Pa rtita has offered a number ot silver cups for the best exhibits. A cup la offered for the best sample of alfalfa from Central Oregon and another for the best exhibit of processed fruit from Washington or Oregon. Grocery Clerk Arrested. J. W. Hutchlngs, a clerk with Town send Van Schoonhoven. wholesale and retail grocers at 144 Front street, was arrested yesterday on complaint of A. B. Townsend. who accuse Hutchlngs of larceny by embezslement. It Is alleged that Hutchlngs appropri ated $150 to his own use. He la 11 years old. His case will be beard In the Municipal Court this morning. . Kf Half the Pianos in American Homes Might as Well Be Boxed Up Half the homes that have pianos have no one to play them. The pianos stand silent mute testimonials to an unsatisfied desire for music. By one simple act of volition, one single moment of decision, this condition could be changed. The Silent Piano that wears out its life in waiting, used only by some visitor who can play, could be exchanged for a modern Pianola Piano, which, with its Metrostyled music-rolls, would 1 enable the whole household to play intelligently, artistically, with intense personal pleasure, and at once! Nothing else can so transform a home as . , Tlhe Piasiola' Piano In place of the silent piano, here is a superb instrument that makes ayailable a library of more than 16,000 pieces of music, with all the popular successes being added every week. Only, when you make this change, be sure it is the Pianola Piano you get. There are many imitators, but there is only one Pianola. It is built only by the Aeolian Company and is furnished only in five pianos ; The Stein way, The Steck, The Wheelock, The Stmyvesant, The Genuine Weber Xew Weber, new Steck, new Wheelock, new Stuyvesant Pianola Pianos are sold in Portland by Kohler & Chase only. A suggestion: In almost every case where there is a rtlen P1"0-9.,,"",?;? ?ro Pianola Piano would take place at once if the owner realized what the Pianola Piano ,loes how it gives every member of the household the power to play, expertly and . with absorbing enjoyment how it provides entertainment of universal appeal how It f.lucates and Inspires children. Instead of remaining In the dark, or assuming that ou know, whv not spend a half hour at our store.nd see what a perfect instrument tne 1'lanola Piano of today really Is? 375 Washington Street PIANOS AND PLAYER - PIANOS r Store Open Evenings NIARinN YET DENIES Man of Dual Personality Still Contends He's Lewis. MEMORY PROVES MARVEL Son of Mrs. C. E. Ijciberg Maintain He Is Iopger and Uneducated Man, Yet Is Able to Carry Fig ures Fnr In Shipping Timber. EUGENE. Or.. Nov. 22. (Special.) Bernard Marvin, the son of Mra C. E. Lelberr. and a graduate of Berkeley. who Is a stranare victim of a persistent dual personality, still maintains that he Is only George A. Lewis, a logger and an uneducated man. He Is em ployed as tallyman In the yards of the Booth-Kelly Lumber Company at Wendllng. and Is putting In full time. He still denies Indignantly that he Is the son ot I)r. Lelberg. and reference to the subject rouses his anner. Ortlrlals of the company say that he Is one of the most efficient men In their employ. The phenomenally retentive memory and unusual mathematical ability which his mother says have al ways been characteristic of blm are plainly shown In his work. Old tallymen wno nave naa years or experience ssy that he performs feata of memory and mental mathematics that are marvelous. They say that he can tally a car of lumber, putting- down on his tally sheet only the number and length of the pieces and simultaneously carrying, the number of board feet In his memory. When tha loading of the car Is completed he can tell Immedi ately the number of board feet In Its cargo, having carried the totals for ward mentally. He Is apparently much Interested In his work at Wendllng And Is anxious to make good. , death the child had been eating a bowl of breakfast food, and Dr. H. R. Key lor announced the case one of organ lo heart trouble, caused by acute Indiges tion. The -months-old daughter of Mr. and Mrs. Alvln Wade was found dead In bed today by her father, about one hour after the parents had arisen, ine cause of death was gastritis. Accord- I a x. TK'mA the child was SD- parently In good nealth yesterday. It did not awaken In the night. After the parents had arisen the child waa left In bed until after the family breakfast. It was dead. WALLA WALLA DEATHS 2 Babe Eats Bowl of Breakfast Food, Then Dies; Another Dead In BedL WALLA WALLA. Wash.. Nor. 22. (Special.) While Mrs. Henry Lauber was visiting at a nearby house, her 2-year-old daughter, Margaret, who had been left In the care of a neigh bor at the Lauber home, became sud denly 111 and died a few minutes after ward, death occurring just as the mother, who had been hastily notified, reached the house. Just previous to Its GAME PROTECTION SOUGHT Washington Men Organize Society to Awaken Interest. T A CO MA. Not. 22. At a meeting in the Tacoma Hotel last night the organi sation of the Washington Game Pro tective and Propagation Association was completed. William T. Trow bridge was elected president. The fol lowing trustees were chosen: Charles A. Murray. Frank L. Crosby. Herbert 8. Griggs, H. W. Meyers. W. W. Thomp son. Lr. Robert 1. Wilson. F. H. Hill and Elliott Kelley. Among other objects of the associa tion Is to awaken interest among indi viduals, societies, clubs and organiza tions In the protection and propagation ot game and fish and to demonstrate that propagation Is feasible and can be made commercially successful. The plan also Includes the establishment of preserves In the State of Washington. BEND VOTES FOR CHARTER Bonds for Civic Improvements Can " Now Be Voted. BEND, Or, Nov. 22. (Special.) Bend today, by a vote of 114 to 48, adopted a city charter providing for six Coun cllmen and a Mayor. Bonds for a sewer system and other purposes can now be Issued. The charter goes Into effect at mid night tomorrow. Foreign Countries Interested. OREGON AGRICULTURAL COLLEGE, Corvallls. Or.. Nov. 22. (Special.) Many foreign countries have written to the Oregon Agricultural College in the present year for bulletins on the work carried on here and the result obtained. In the department of horticulture alone the foreign correspondence has become heavy. Franoe. Germany, Hol land, England, Bouth Africa. Tasmania and Australia have made Inquiries within the paat few weeks for some scientific or praotlcal horticultural methods. Other departments also have been requested to furnish Information and exchange specimens of the animal and vegetable life of this country with specimens from other shores. HWsboro Oddfellow Active, HXLLSBORO, Or, Nov. 22. (Special.) Work has commenced on the Oddfel lows' building, which is being fitted up for the Postofflce, and which will be ready for occupancy by January 1. A cement floor Is being laid, and 400 lockboxes will be installed. The Hllls boro office has five rural routes, rang ing In number of patrons from 150 to 250 to each carrier. Eugene Electrical Man Transferred. EUGENE. Or., Nov. 22. (Special.) Announcement was received here yes terday that M. D. Spencer, who for the past two years has managed the prop erties tf the H. M. Byllesby Company In Eugene and Springfield, has been transferred to Everett, Wash., where he will take charge of the Everett Sno homish and Monroe electric plants, and the Everett gas plant. Mr. Spencer's sucoessor here will be R. M. Jennings, who Is leaving the management of the Byllesby Company's plants at Marsh field and North Bend. The change will take place about December 1. Revolution In Paraguay Reported. BUENOS AIRES, Nov. 22. It is re ported here that a revolution has be gun In Paraguay. Free to Pile Victims Next Morning "Worst Cases Wonder Why They Never Before Tried the Remarkable Pyramid Pile Remedy. A bottle fall of quality and a glass full of snappy goodness that is a delight to the eye and a joy to the palate. IT IS FREE. By making a free test of the Won derful Pyramid Pile Remedy you are sure of being right. Nothing Is more disappointing than to Invest In some thing that doesn't do the work. So, write at once to the Pyramid Drug Co.. Marshall. Mich., for a free trial pack age and know to a certainty that here, is a sure, quick and permanent cure, an instant relief In worst cases of any form of piles. The trial will enable you to rest comfortably over night, and In the morning you will hustle to the nearest drug store, can't help It, for the regular 60c box that put you on your feet and keeps you going. Be sure you get what you ask for. Use the coupon below Merely fill In your name and address. FREE PACKAGE COTJPOST Fill out the blank lines below with your name and address, cut out cou pon and mall to the PTRAMID DRUG CO., 409 Pyramid Bldg Marshall. Mich. A sample of the great Pyra mid Pile Remedy will then be sent you at once by mall. FREE, In plain wrapper. Name. . ...... Street. , City.. State. ... ROTHSCHILD BROS Dlitrisulors 20-22-24-26 N. Fust St.-'' Portland, Ore. PHONES! Main 153 A 466 , "."-'Ax." GOOD OLD BSassjstisaisBB II I IIIJUiJW.JPJMU' Smoke Sensibly The All-Havana cigar is in- tended for your after-dinner hours. For " your business hours, the only safe smoke is a mild, delightful blend of, Havana and domestic leaf. Gen? Arthur 10c Cigar M. A. Gunst CEl, Co., Distributor. 3