22, 1911.
HARVEY mm
ALLEGED SLAYEB OP KILL P AMPLY AS HE APPEARED SEV
ERAL YEAES AGO.
PLANNING DEFENSE
Alleged Murderer of Hills Tells
of Offering $20,000 to
Fight Charge.
:
i
Vj
PACT IS CANCELED LATER
v.- -aS'
tttt" lrnpvrvr, nrcFOnXTAV. FRIDAY, DECE3JBEK
IP '
: 1 1 . . : i :
It AU.EGED SLATES OP HILL FAMILY AS HE APPEARED SEV- f Ui , " M g w (I IT ' I
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W. II. Abel and Jay Bowerman Say
Accused Man Conferred Wttn
Them and That They Set Big
Fee Prisoner Explains.
That VC. II. Abel and Jay Bowerman,
cf Portland. wrr Uis attorneys who
! ani m, contract with Nathan B.
Har-r.y. tha Sdllwaukle nurseryman,
under arrest chars-cd wtth th reorder
of the Hill family at Ardenwald. Juna
. was ssserted by the accused in his
e.II at Orfon City yesterday. Harrey
daelarra he was approached by a de
tective, named Mitchell, who took him
to tha office of the two attorneys and
that he thera ilcnrd a. written asree-
ment to pay the attorneys 120.000 for
his defense by them should Da ar
rested n a rhim of murder.
Ha,rrey declared that he was frlrht
ened by seeinrc detectives and Sheriffs
in the woi)t about his home and that
while the circumstance of hla consult
ing a lawyer mlitlit seem stranae.
under the conditions and the state of
mind In which he was In, ha did cot
think he acted straneaty.
-Je is quite true that W. IT. Abel and
myself e'aned a contract for Harvey's
defense." ald Mr. Howcrman last nlajht.
"The circumstances are these: Some
days after the murder Mr. Abel called
me Into his office and there I was In
troduced to Mr. Harvey. Ha told ma
that he feared he ml-ht be arrested
and that he had been Informed this was
to be the rase. I told htm that I did
not care to handle homicide cases and
that were I to do so my fee would be
a hla-h one. He seemed willing to
arree to ths. Thereupon he signed a
contract frr :0.000.
KSJNM Fee Deride Oa.
"At that time 1 Informed him that
ha could cancel the contract at any
time and that If In the meantime I did
any work for htm he could pay me for
that. However, the sum of $20,000
was to pay tha whole expense of his
defense.
"Harvey came to sea me some days
later and. at his request, the contract
waa canceled. It was torn up at that
time. I believe. I am not (coins; to de
fend Mr. Harrey, whose attorney la C
M Idleman.
"At no time did Harrey do or say
anythtna- in my presence that would
lead me to believe he waa srullty."
In hla statement Harvey tells that a
detective named Mitchell came to him
and told him that he waa under sus
picion and that he was about to be ar
rested. Thereupon, he says, ha came
ia f'r.rtlaiul wlfh Mitchell and consult
ed Mr. Abel at his office. Ha con
tinued: reartraet la Destroyed.
"There Mr. Bo war man Joined us. and
I waa told If I expected the Arm to
defend me I would have to slam a
contract to arive them 120.000. This
In my confused state of mlrvd I agreed
to do. However, upon returning home
and talking the case over with my
wife, I decided that I had made a mis
take, and a few days later she and I
went to Mr. Abel's office, and I told
the lawyer I wished to rescind the
contract. He said that would be sat
isfactory to him and the paper waa
torn Into bits in my presence.
"I admit the fact that I employed
a lawyer before I was accused or sus
pected and it may seem strange, but
under the circumstances I do not
think I arted strangely. I waa told
by Mitchell that I waa suspected of
the crime and that the woods were
filled with udlcers and this naturally
ronfused me.
I do not deny that I passed the Hill
home the moraine of the crime. I hsd
been to Portland to see a Kose Festi
val parade. I had to pass the Hill
place to act to my home. 1 have
paxsed It thousands of times. There
can be nothing suspicious in that.
I desire to correct some statements
that have been made In rettord to my
family. Daniel Harvey, my brother,
and my mother, Mary Ann Bunnell (she
-was married a second time) were found
dead in our home at Mllwaukle in June,
1990. It was said that my brother
killed my mother and committed
suicide.
Father's Death Xataratu
"My father died a natural death at
our old home In lowa. There were no
suspicious cirrumstam es in connection
with his death. Albert Clark, of
Portland, father of Claude Clark, the
missionary In China for the Portland
Vcunr Mrn'a Christian Association, at
tended my father's funeral. Mr. Clark
and I were schoolmates,
"My brother. William Corwln Har
vey, was drowned July 7, 1ST7. where
Johnson Creek runs, Into the Willamette
River, and not In two feet of water as
has been published. Charles W.llson
did not kill Mamie Welch In my straw
berry patch, but on another farm In
the nelKhborhood. The g-lrl waa pick
ing; strawberries when she waa at
tacked. Wilson did not confess to my
brother. Daniel, for Daniel had been
dead three yeara when the crime waa
committed.
"My entire life haa been an open
book, and I want Sheriff Mass to have
my enure record. I have done nothinr
that I am ashamed of. I may be a little
worse than some men, bnt I know that
I am a great deal better than a major
ity of men."
Prtesaer Net Mama,
The prisoner seems to be little con
cerned regarding hla predicament. Ha
says he realises that ha will have to
remain In Jail, but la not worrying be
cause he la confident of aoqulttal. lie
haa his meais sent to him from a res
taurant, and spends his time chatting
with three other prisoners who are with
him la a big cell- Harvey gave the
Sheriff a check for flO immediately
after hla arrest with which, to buy
meal a.
Justice of the Peace Samson amid yea
terday at Oregon City that tha lawyers
virtually had aareed to have the pre
liminary hearing next Tuesday. Sher
iff Mass says he will Introduce only
enough evidence to bold the prisoner to
the grand Jury.
Mr. Abel, mentioned In connection
with Mr. Bowerraen, made the follow
ing statement, regarding the events
preceding the contract:
"I know nothing whatever about air.
Harvey that would be detrimental to
him. He consulted me last Summer
some time after the Hill murder and
said that detectives and deputy sheriffs
and other persons were constantly at
his place running over his land and
.following him around and making ac
cusations against him. He declared he
. ABtlrelv Innocent of the chares
tut that It seemed as though the offl- I
cars vera so eager to earn the large 1
V .... i ' ' ' 'J,
V
!CATH B. HARVEY, FROM OLD PHOTOGRAPH IX POSSESSION OP
HIS WIFE,
reward offered that they were going to
try to make him trouble. He told me
that If the officers had him arrested
he would like to have me defend him.
As I had been in the state but a short
time I suggested that we call some
other attorney Into the case In the
event an arrest was made and after
conferring we called In Jay Bowerman.
The conference lasted only a shrt
time, at the termination of which Mr.
Harvey left. In the coarse of a few
days he returned and said that he waa
not bothered as he had been hereto
fore and that there would be nothing
further of It. whereupon we terminated
our relationship of attorney and client.
I have not seen Mr. Harvey for sev
eral months and am not engaged to
represent him. Mr. Harvey neither said
nor did anvthlng in my presence which
Indicated that he was anything but an
Innocent man. In fact, he said he knew
nothing at all about the crime. He
said that his property lay near the
Hill nroDertv and that It was con
stantly over-run by officers, detectives
and others."
"As man and client I nave Known
Nathan Harvey for 10 years." said C
M Idleman. his attorney. last nignt.
it Is imDosslble for me to believe mm
guilty of the crime with which he Is
charged.
"I talked with him today at Oregon
City and he assured me of his In
nocence and I believe him. I have had
many dealings with him and have
always found htm perfectly honest.
irtiitvnrthT and reliable and I be
lieve this crime to be beyond him. That
la all I have to say In print."
Caatract May Net Be Evtaeace.
It Is considered a moot point whether
the testimony regarding the Bowerman
Abel contract will be admissible aa
evidence tending to show the guilt of
the accused. District Attorney Tongue
declares that It can be presented as a
subsequent act of the accused pointing
towards his guilt but the attorney tor
the defense does not Incline to this
view.
An unqualified denial la given Dy toe
defense to the charge that Harvey is a
degenerate and on this ground alone. It
Is asserted, his acquittal is expected.
That the crime could only have been
committed by a degenerate 1 obvious
and It Is said that if it can be proved
beyond question that Harvey Is not a
degenerate his acqultal must follow
naturally.
Beyond an unqualified denial or the
charge that Harvey committed the
murder, Mr. Idleman declines to make
any statement of hla plana
Paul ax of Hoaae Admitted.
."It Is no admission of guilt for Har
vey to have passed the Hill home about
the time the murder was committed."
he said. "And that Is as far aa the
evidence eo-called evidence of the
detectives and Clackamas County offi
cials goes. Harvey admits beyond a
question of a doubt that he passed the
home at the hour mentioned nut oe-
ciares that further than that no evi
dence that would show guilt can be
adduced."
L- L. Levlngs. the detective wno was
engaged by Clackamas County to work
on the case, believes that no small em
phasis can be laid on alleged discrep
ancies between the statements made by
Harvey and those made by others.
Among others he asserted that Har
vey had declared that on the night the
murder was committed he did not hear
the dogs In the yard of the C. w. Mat
thews home, 60 feet from the Harvey
home. bark. Harvey said. It Is assert
ed, that neither when passing the home
nor after he reached his room did the
dogs bark.
Time Kern by Barking.
On the other hand, the time by
which the honr of the murder was com
mitted la indicated by the Matthews'
dogs, whose barking told Matthewa
that an Intruder was near. Thia waa
about 11:45 A. M. Harvey arrived at
Ardenwald at 11:45. passed several
minutes there to allow the other pas
sengers to get out of sight and then
walked up to the Hill home. It Is Just
10 minutes' walk and he passed the
Delk home, where the ax shimmered in
The moonlight."
Other points reteetive livings as
serted he would contravert by direct
testimony are:
The statement by Harvey that he had
onlv seen Mrs. Hill once.
The assertion that he consulted at
torneys after he had been- Informed that
be waa under suspicion. Detective liv
ings said that at the time he consulted
Attorneys Bowerman and Abel, Harvey
waa neither nnder public nor private
suspicion.
Evidence, it Is asserted, will be pre
sented to show that Harvey made state
ments to others regarding the crime
which could only be known by the
criminal himself.
Holsssaa Case Nat laane.
'At this time no attempt will be made
to connect Harvey with the Holxman
murder." said the detective. -
Mra Bertha Nelson, proprietor or the
lodging-house where little Barbara was
murdered, said yesterday that she
ould not make a positive statement or
Identification of Harvey. It Is known,
however, that when aha was first taken
to see Harvey at Ardenwald aha nearly
swooned and declared he was unques
tionably the man who rented a room
from her.
Still later, a chance meeting waa ar
ranged In Portland between the two
and again Mrs. Nelson waa overcome
as she murmured:
"That's the man."
Detective Livings denied that he was
working for the rewards offered. He
said he never- expected to receive one
cent of the money. "I waa working for
the county and not for the reward," he
asserted. As a matter of fact, the de
tective asserted that he had made
agreements with witnesses that if in
formation they gave resulted in captur
ing the murderer, he would waive ils
rights In their favor.
Pacta Pointed to Harvey.
"For the last six months we have run
down every possible clew relating to
the murder," he said. "We did not first
pick our man and then fasten the crime
on him. We first elicited the facts.
They never developed anything but
Harvey."
One of the vagaries of Harvey waa
narrated by Mr. Matthews. One night
some time after the murder, he said, he
heard footsteps around his bouse and
obtained his gun. Through the -window
he saw someone moving and a
light In Harvey's room. This was on
August 10 at about 1:30 A. M.
In the morning he found a cow tied
to the sawbuck In hla yard and In a
pile of dust outside one of hla windows,
the foot prints of someone who had
peered Into the room. These footprints
were afterwards found to be precisely
the same slse as those of Harvey.
Matthews declared that he believed
Harvey had tied the cow there to ac
count for his presence In the Matthew
yard and asserted that It could be no
other than Harvey because no one else
would dare approach an Ardenwald
house for fear of being fired upon.
Following the Ardenwald murder, be
said. Ardenwald residents fired first
ajid asked questions afterwards.
This convinced Matthews, ha said,
that an attempt was to be made on hla
own life and he moved away from the
scene of the crime.
CIGARETTES UNDER BAN
TELECBVAPH MESSENGER BOYS
XOT AXXOWED TO SMOKE.
Xen ' Timing; System Also Instituted
to Do Away With, Youths Loi
tering on 'Way.
People used to laugh at tha cartoon
. ..ar in tha TiaDera concerning the
speed of the messenger boy, with- the
dime weekly In front or nis race, a
cigarette In his mouth and grass grow
ing under his feet.
That la about to be a thing of the
past under the aystem that the boya
work now. The rule that la enforced
moat etrlctly Is one prohibiting smols
Ing. At all Western Union offices the
cigarette la under the hammer and
those that Indulge In this after a
warning are promptly discharged.
A new system of timing tha messen
gers Is also used. The man that as
signs the deliveries Is one who knowa
the city from A to Z. -If a messenger
takes undue time he Is dismissed at
once unless he can give satisfactory
reasona for his slowness.'
There is also a sergeant In command
at each office whose duty It Is to see
that each member of the force la
dressed presentably. Each office is
equipped with brushes and shoe black
ing and the boy must pass muster be
fore he goes to work.
The company is now working In co
operation with the Juvenile Court and
the Boys' and Girls' Aid Society, from
which the new members needed are
drawn. Frank Day. who Is the re
cruiting officer In charge at the Port
land office, makes reports to these
institutions telling bow each, of tha
boys is behaving.
The whole messenger system haa
undergone a Changs and la now on a
basis similar to the civil service. When
boys are needed In the departments
above the delivery department a mes
sage Is sent to Mr. Day, who can fur
nlsh a suitable boy at once. He has
applicants for all departments under
his eye at all times. '
JOHN M. DEAN IS COMING
Evangelical Ministers to Hear Ex
pert in Men's Movcment-
John M. Dean, a member of the
team of religious experts sent out by
the Men's Religious Forward Move
ment to confer with church workers In
various cities, will be In Portland nsxt
REWARD $100.00
for any Information given in regard
to our missing brother. August Krauss.
who left his home on Saturday night
December . Age. 43 years; height.
feet t Inches; weighs about 150 pounds.
Smooth face, dark complexion, dark
eyes. He wore a olouch hat and dark
erereoat. Refer to Multnomah Lodge,
No. 1, Sons of Herman.
THEO. TRAUTMANN. Prea.
Car Trautraann Hotel. Portland, Or.
Wednesday. He will meet the evan
gelical ministers of the city at J o'clock
Wednesday. -A meeting will, also be
arranged with the "committee of 100,
local church commfttees. and the eight
committees who are promoting the
campaign in Western Oregon.
Seven church districts have been
made by those In charge of the move
ment locally: Sellwood, Mount Scott,
Central East Side. North East Side, St.
Johns and West Side. Conferences on
boys' work, missions, social service.
Bible study and evangelism will be
held in these districts Immediately
after New Year's.
- Raymond Robins will open the eight
days' campaign to be neid next reo
ruary, and Fred B. Smith will deliver
the closing address. R. R. Perkins,
executive secretary of the movement,
declares the whole Willamette Valley
la organizing In tne movement.
PHOTO PLAYS ARE GRIPPING
People's, Star and Arcade Offer
Varied Programmes.
"As in a Looklng-Glaas." at the Peo
ple's Theater, tells the story of a way
ward husband, brought to a decided
halt through the Innocent play of his
little children, who play "papa and
mamma" so well that he sees his own
life as In a looking-glass reflected.
The People's Theater also, shows a
clever drama, "The 81gn of the Three
Labels." showing the newlyweds em
barking on their wedding trip, how
they become annoyed by the many in
terruptions of the bellboys and thus
unwittingly gain their emnlty, which
follows them wherever they go by rea
son of the peculiar labeling of their
grips. "Princess Charming." a colored
fairy picture, was a delight to the
children, as well as the older portion
of the audience, and the trio. Confer,
Bauer and Wilson, met with applause,
and were recipients of many beautiful
floral pieces.
"The Club Man" and Santa, Claus"
were the principal attractions at the
Star Theater, and "Fires and Drlftt
wood" shows how a happy home Is
broken up by an adventuress, but Is
once more united and happy. There
are comedies and music galore.
The Arcade has an entirely new and
nleaslng list of photoplays, and the
Oh Joy has gripping Western offer
ings. . . ,,
PRISONERS 0PEN DOORS
County Jail Cella Have' No Terrors
for Men Jailer Loses Cigars.
"I'll nut ud the cigars ail around If
von fellows can break out of those
cells." said Night Jailer Dave Fuller to
the 13 prisoners at the County Jail
Wednesday night. He referred to a new
section of cells recently completed.
Yesterday Fuller distributed the ci
gars, for the men found little diffi
culty In making their way Into the cor
ridors. When Deputy Sheriff Hunter
arrived yesterday morning they were
strolling around in groups of three and
four.
A few weeks ago the - prisoners
opened the doors of the cells and also
opened the Inner of two doors leading
to the outside. They are all short-
STEINWAY
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WEBER
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great factors in the wonderfully artistic playing f the Pianola Piano, and the
lack of them on all other instruments explains why no other player piano even
approaches the Pianola Piano.
SPECIAL NOTICE : Kohler and Chase is pos
itively the only store in Portland, selling brand
new, 1912 Pianola Pianos, in the following makes,
Weber, Steck, Wheelock and Stuyvesant.
FULL LINE PIANOLA PIANOS ONLY AT
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term men or prisoners awaiting trial
on minor onensea ana mey uvo u
desire to escape. All the "heavys" are
at Kelly Butte
In striking- contrast with the slow growth
In the nuroDer uiq l - .
area of Improved land during the ten years
Is tne inormouj " " " "
the value of farm property.
Have a Care!
Be Wise in Time About
that Christmas
PIANO
Secure one from the house of
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The long yeara of 6ervice ni satis
factory burin 6 management on tha
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your consideration.
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and all
tha
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Ob Morrison at Sixth
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