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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 27, 1911)
XHE MORSISU OREGONIAN. WEDNESDAY, DECE31BER 27. 1911. 6 CHARGES FALL FLAT : Ardenwald Nurseryman Freed by Oregon City Court. DETAILS OF CRIME TOLD . Many in Coartroom Congratulate J Defendant WhfD Verdict Is Read. Cae Way Be Krnfwed by Actios of Grand Jury. tHtnwui ym yirwt obatrucled my view from the door. The dogs barked Ave or tan minute, and I concluded tbey were barking at come thine In a northerly direction. It Is i north on the road from the Hill borne to ArdeawaUl Station. Harvey'a house Is the next nous aoutb of tba house In which we lived. June waa a bright night" verier Sat Seea. Cro.s-examlned by Sir. Brownell the witness said he did not see a man about fret 11 'inches tall bo by Me house two or threw times on the right of th murdr. He repeated that he saw no on- at the Hill home ' when ha got up. He said It waa 1:4S o'clock when he went back to bed. Mrs. Ie 1'arque. slater of tha slain woman, who sobbed at Inter-rale while ha was testifying, said Uiat she and Mrs. Thomas Covins had none to tha lull home KaiuroUy two days after the discovery of the crime to tret some belonalnas of hr sister. he said that the house wss in disorder and that they found a clock on the ' floor In the front room near the couch of the little girl. "The clock wss a new one." said the wltn. "It was lying with the face up. It had stoppeo at iz-.as. v nrn i nahte.1 It It bexan running:. Whrn t put It en Ita hark as I found It It stopped Mrs. Cowing got the same re calls when she. handled the timepiece." ( leek rwre-haa Reeallrd. Cross-examined by Mr. Brownell Mrs. In I'aruur said she and Mrs. Cow inn . went to the huu- at li' o'clock fal urdey mornlnn. The lawyer asked If tnere hm.l not been a areal many per sons In th house after the crlm was , committed unt:l the arrival of the witness and her slster-ln-law. Answer ing In the affirmative Mrs. Ie farnue" said the clock was to some extent obscured from view. She said her sister bad told her she waa going to buy a clock, and that her fatber t.ad found the bill for the timepiece In tha house after the discovery of the crime. "Mrs. Do Parque and myself went to the Hill home on the morulnir of June . ! to fret some chothrs." said Mrs. Thomas fowlnit. "We found the clock Ivtns; arross the room from the table where Mrs. Hill had placed It. It was In a position so It could not be readily (MB The witness corroborated the testi mony or Mrs. Ia I'arque aa to tha clock having; stopped at 12:53. and that It wouh! run when righted and stop when placed on its back." Harvey eea an Plat'araa. Kaljh Wills, who lives near Arden- wUl station, said that he left lorl- - 1.4nd on the 12:u o'clock car. having sone to that city to see a Rose festival parade. "I did not sea Mr. Harvey on the car." declared Ihe witness. "But v hen I got off tha car I saw the de--nrtant standing on the platform. I jiio saw Howard Ilussell there. I don't i.now whethf-r the car was on time, but I Ju4c It Bit to the station at 12:2S or 1:20 o'clock." The witness said Harvey told him as he stepped off the car to be careful and not atep on a board that was there for fear It would throw him down. R W. Uoodale. a traveling salesman, said he pot off the car before It stopped. He did not see anyone coming bis way, but declared ha saw several persons at the station. Mr. Goodale testified there were two ways tod fret to the "Hill home, but In either rase the Delk , house, where the ax with which the crime waa committed was obtained, would have to be passed. tine way was about as long aa the other, de clared Mr. Goodale. Reporter Telia at f ee. "I saw a man on the platform and a boy In the station when we got off the car.' lest I tied John A. Mart-k. of Ardenwald elation. The witness said . ha had been to I'orUand to ace a pa rade, havlns; been accompanied by his wite and three children and hla sister and her husband. I'erry Farneley. a newspaper repor ter, said that Harvey had admitted the second day after hia arrest that he had aimed a contract with Bowermun & .ble. Cortland lawyers, to pay them . SZo.oou to defend him In rasa of his sr rest in connection with the case. The witness declared Harvey had told him In the presence of rheriff Mass that Ir. Able and a detective named . Mitchell had come to his home some time after tha crime, had Informed him the "woods were full of detectives or ' Sheriffs. and that he had better ko to I'ortland with them. Karnxley did not ; remember that anything was auid at the Harvey home about Harvey em ploying the lawyers to defend hint. The reporter recited that Harvey had t told him he went to the office of Mr. Able and there In the presence of Mr. Howerman, Mr. Able and Mr. Mitchell . he aliened the contract or agreement. . Karnsley aald he formed the conclusion from Harvey'a statement that he lliar- vey) Intended to convey the Impression that ha was alarmed and went with tba lawyer and detective In their automo- ' btle while In a confused state of mind. - The reporter aald that Harvey told him some time later, after conferring with his wife, they went to tha office of Mr. Able and aaw tha alleged con tract destroyed. Attarneya Deny Charge. After the publication of tba Inter view of the reporter wth Harvey Messrs. Dowermsn and Able. In state ments In Tha oregonlan. denied em phatically that either of them with a .detective bad rone to Harvey'a home and taken him to their office. They (aid that Harvey had come to thatn at their of. Ice of his own volition, and had retained them. Mr. Idlcman. who waa flrst to sum op. sal.l the evlilriK-e was not sufficient upon whtcn to hold a dog. He placed great atresa upon the alatement made by the witnesa Wilia that Harvey had cautioned htm aa he stepped from tha car to be careful not to trip on the i board. "I hardly think a man contemplating a crime of such an atrocious character would have presence of mind enough ,to warn a man he did not even know axalnst a board, telling him not to trip ver It." The Peputy restrict Attorney in summing up said the evidence was suf ficient upn which to hold the accused. He asserted that the testimony showed that Harvey had "hung back" at the atatlon while the others who cams on the car went directly to their homes. I "He should have been home at 15 4" o'clock." said the prosecutor. "He was not seen by anybody aa he went home. The Matthews dogs barked at U:tS o'clock: the clock In the Hill home stopped at eight minutes to one. and Harvey was the . man who had been left behind." " The prosecutor said no man but one with a guilty knowledge would em ploy a lawyer before he even bad been accused. "If this man la to be held on this evidence then no man In this court room la safe, and I should advise every man. woman and child In this county to carry a gun In every pocket." shouted Mr. Brownell in the course of his argument. This brought applause from parte of the room, and It was some time before Justice-of the Pea-e Samson could restore order. Mr. Brownell told the court that It was his duty to set the prisoner free and not allow the atlama to rest upon him and hla family upon such evidence. Evidence Declared Larking. "Either do that." said the lawyer, "or compel tha proaecutlon to produce some evidence upon which the court can conscientiously hold this man. There la absolutely nothing against him. If one of the Main-street banks were robbed and a man had been seen getting off a car late at night any where on Main street, that act would be lust aa conclusive of his having I robbed the bank as the evidence given here Is that my client committed this outrageoua crime." Mr. Brownell referred to the prisoner once as "brother Harvey." and aald his reputation had been spotless up to the time of his arrest In this caae. After the applause bad subsided Jus tice of the Peace Samson said: "I have known this defendant li years. I never heard anything against his char acter before. The fact that he was seen at the atatlon the night the crime was committed Is not sufficient evi dence upon which to hold him. Human nature Is flexible. He waa frightened Into going to Portland and signing that contract. I do not believe he hardly knew what he waa doing. It was not ethical In the lawyers to take advan tage of hla condition, and I think an Investigation should be made, and If It Is shown they did what they are ac cused of doing they should be. dis barred. The complaint la dismissed." "I have been working on this case ever aince the discovery of the crime." said Sheriff Mass. "and only a few days ago the grand Jury aent for me and asked me what progress I had made. I gave the Jury an outline of the evidence, wthout mentioning any name, and the Jurora aald the man should be Indicted. A few days later I was railed before the Jury again and gave the evidence In greater detail. Then the Jurors insisted upon Indicting the man accused, and Instructed me to communicate with District Attorney Tongue. This 1 did and the district Attorney advised me in have a prelimi nary hearing. The same grand Jury will meet aguln January JO." SHOOTING 1IASTKXS ARREST Shot tired In Dispute Between Harvey and Mr. Hlir Brother. OREOOX C1TT. Or., Dec, 1. (Spe cial.) sheriff Mass announced here to night thet he had hastened the arrest of Nathan li. Harvey and accused him In connection with the murder of the Hill family because of the circumstances surrounding a dispute between T. F. Cowing. Jr., and Harvey. In which a re volver In the hands of Mr. Cowing waa twice discharged. Sheriff Mass said that the shooting had been reported to him December 2 by Harvey and that the dispute occurred in Harvey'a office in Ardenwald The Sheriff aald that Harvey had ac cused Mr. Cowing of trying to force him to go to the Hill home, near by. and tell lilm the position of the bodies of Mr. and Mrs. Hill and the two chil dren as they were found on the morn ing of June following the murder. Harvey, said the Sheriff, refused to consent to the demand of Mr. Cowing, and later, while they were In the Har vey office, he says that .Mr.- Cowing drew out a revolver and began shooting. According to the Sheriff. Harvey said that his wife and an employe of thn nursery- were near by at the time the ahota were fired, but Mr. Cowing de clares the shooting was accidental and contradicts Harvey's story in severs: particulars. COWING TELLS OF SHOOTING Harvey Declared to Have Refused to Visit Hill Home. Tomas F. Cowing. Jr.. admitted last night that a revolver he carried at the time he went to Interview Harvey was discharged in a acuffle which took place In Harvey's office at Ardenwald, but he said he did noi know whether he discharged It or whether Harvey did. He declares he waa attacked by Harvey and succeeded In escaping from the offlce only after drawing his re volver. "I wrnt over to Harvey's rlce." he aald. "and he waa working In the shrubbery. I said. 'I would like to speak to you a minute privately.' He said. "All right, you atep up here. Mr. Cowing." and took me to hla office. "I hesitated about going In. T thought I knew what kind of a man he was. But I finally stepped In. He sat down in a chair. 1 then aaked him If he would go with me to the Hill house and describe to me the position in which the bodies were found the morning after the murder. " 'No. sir. I will not,' Harvey replied, flying Into a rage, and making a vicious lunge at me. W e grappled and I forced hlro Into his chair. Breaking loose, he started for me again. Aa a measure of self-protection I managed to draw a revolver from my pocket beneath my buttoned overcoat, and during the struggle It was discharged. "His wife and hired men heard the srurtllng and came up. He requested that I aay nothing about what had happened, and said he would not. He also asked his wife and the hired men to say nothing. Then he shook hands with me. and said he waa glad nobody was hurt. "The weapon was discharged twice, bat I don't know who fired It. We were struggling. He was holding my wrist, and 1 don't know whether he pulled the trigger or whether I did. "The little office la only about by 10 feet. 1 had my revolver In my back pocket and my overcoat waa buttoned up. I did not draw It until 1 had pushed him bark In the chair three times. I don't know that any words pasaed until I threw the revolver out side and I asked him, "Are you hurtT He aald. No." 1 aald. 'I am not either, and 1 am awful glad of It." I had felt he wanted to get me. My object was to get out the door without getting hurt. "He followed me out to the machine and shook handa with me. He tele phoned the next day to Sheriff Mass. I tl.ink he told him I waa down there trying to shoot him up." c Mat Gle .Of Holiday Merchan cose Nothing Has Escaped the Pruning Knife- Prices That Will Add to Our Reputation as a Great Cut Price Store. FREE CITY AND SUBURBAN lflr? DELIVERIES FILLED PROMPTLY Out of Town Orders Shipped Same Day Order Is Received. Great Clearance Sale Picture Section $3.00 PICTURES, $1.49. Harrison Fisher heads, in one-inch mahogany frames; size 16x20; reg ular price $3. Clearance price, $1.49 $2.00 PICTURES, 75c. Harrison Fisher heads, in one-inch antique gold frames and soft brown mat; regular price $2.00. Clearance sale price 75c . $12.00 PICTURES, $4.85. 20x30 Pastel Landscapes; handsome gold-ornamented frames, gold mats; regular price $12. Clearance, $4.85 $9.00 PICTURES, $4.50. 14x28 Pastel Fruit Subjects in 2V2 inch brown oak frames, burnished corners; regular price $9.00. Clear ance sale price . . . $4.50 $2.00 PICTURES, 98c. 16x20 facsimile water colors in l'i inch gold frames; regular price $2. Clearance sale price 98c $1.50 PICTURES, 75c. Beautiful etchings in 2-inch brown oak frames; regular price $1.50. Clearance sale price 75c All Oil Paintings in the house; values from $5.00 to $500. Clear ance sale reduced one-half or more. Episcopalians Attention Just arrived. Shipment of the Church Kalander, "The Christian Year," 1912. Price 75c Great Clearance Sale Sundry Section $6.00 Caiseroles . ..$3.C0 8.00 Baking Dishes 4.98 5.00 Chafing Dishes 2.98 6.00 Chafing Dishes 3.48 Great Clearance Sale $12.50 BATH CABINETS, $9.98. Robinson's Vapor Bath Cabinet; wood or steel frame; face steamer and stove included. Clearance sale "price only $9.98 $9.50 MEDICINE CABINETS, $5.98 White-enamel Bathroom Medicine Cabinet; plate glass shelves and mirror. Clearance sale price, $5.98 Great Clearance Sale Leather Goods Section All leather Traveling Bags, Suit cases and Trunks.-Clearance sale " at one-fourth off. All Leathers and Umbrellas one fourth off. $5.00 TRAVELING CASES, $2.50. Traveling Cases, fitted complete with manicure and toilet articles; calf, seaj and walrus cases; ebony, rosewood and cocobola fittings; regular price $5.00 to $15.00; while they last, clearance.sale price, one half off. Great Clearance Sale $5.00 WRITING SETS, $2,50. Lots of odds and ends of imported articles, such as Bottle Sets, Writing Cases, Coat. Skirt and Trouser Hanger Sets; hundreds of similar useful articles; regular prices 25c to $5.00. While they last, clearance sale price, one-half off. $1.25 JEWEL BAGS, 9c. Lot of odds and ends of Belts, Jewel Bags and Drinking Cups; val ues to $1.25. Clearance sale price while they last . 9c $28.50 MESH BAGS, $14.25. Assortment of beautiful Mesh Bags in gold, silver and gunmetal; regular price $2.00 to $28.50. While they last, clearance sale price, one half off. $15.00 SHOPPING BAGS, $7.50. New and up-to-date Shopping Bags in fancy and tailored effects; all colors; regular price $1.00 to $15. While they last, clearance sale price, one-na If off. $8.00 SHOPPING BAGS, $3.98. New Seal Shopping Bags; long leather and cordelier handles; in side purse; regular price $8.00. While they last, clearance sale price .$3.98 Great Clearance Sale Toilet Sets $16.00 SETS, $9.98. Handsome Sterling Silver Toilet Sets; regular prices $45, $23 and $16. Clearance sale, $30, $16, $9.98 $5.00 SETS, $3.39. German Silver Toilet Sets comb, brush and mirror; regular $5 sets. Clearance sale $3.39 $5.00 SETS, $1.29. German Silver, Ivory-Finish Toilet Sets comb, brush and mirror; reg ular $5 sets. Clearance sale. .$1.29 $9.00 SETS, $4.95. Derby Silver Toilet Sets comb, brush and mirror; regular $8 and $9 sets. Clearance sale $4.95 $30.00 SETS, $14.98. Genuine Ebony Combination Toilet Sets for ladies and gentlemen; reg ular $30 sets. Clearance sale, $14.98 All Parisian Ivory Clearance Sale V4 Off Great Clearance Sale Jewelry Section Derby Silver Hatpin Holders; reg ular $2.00. Clearance sale . . . $1.29 35c Hatpins, with rhinestone set ting 19c 75c Hatpins, with rhinestone set ting 49c Beautiful necklaces; prices $1.00 to $25.00. Clearance sale, one fourth off. Newest styles in Drop Ear-rings; prices $1.00 to $12.00. Clearance sale, one-fourth off. Great Clearance Sale Toilet ection Cut Glass Perfume Bottles; regular $2.00. Clearance sale. .... .$1.69 CUT GLASS PERFUME ATOMIZERS Regular $5.00, $3.00 and $2.00. Clearance sale. .$3.75, $2.25, $1.50 Silver Deposit Ware Bottles; reg ular price $1.50 and $2.00. Clear ance sale one-half off. Derby Silver Soap Boxes; regular $2.75. Clearance sale $1.69 Great Clearance Sale AH Brasses. Fern Sets, Umbrella Stands, Art China and Cut Glass. Clearance sale, one-fourth to one half off. Great Clearance Sale Just a Few Left Beautiful holiday packages of the celebrated Lagrande Perfumes, in white satin embroidery boxes; reg ular prices $6.00 to $30.00. . Clear ance sale, one-half off. Great Clearance Sale $ 1.50 Hand Mirrors .98 5.00 Triplicate Mirrors .... 3.48 10.75 Triplicate Mirrors . 7.98 Great Clearance Sale Stationery Section AH Calendars, Holiday Station-, ery, Address Books, Line-a-Day Books, Automobile Records, Visit ing Lists, Shopping Lists, Calling Lists and Desk Sets in brass and copper. , Clearance a a le, one fourth off. ALL MERCHANDISE PURCHASED ON CHARGE ACCOUNTS TO DAY AND THE REMAINDER OF THIS MONTH CHARGED ON FEB- RUARY ACCOUNT. WoodaordL Clarke Co'; Army OriIr Issnrd. WASHINGTON. Pre. I. The leave of absenre sjrant-d First Lieutenant Iewilt C. tirubbs. Sixth Infantry, I hillppine division. Is extended one month. Major Clyde 8. Ford. Medical Crj-s. having completed the duty to whu-h he waa assigned November 4. v. Ill return to Columbus. O.. and re sume his status of sick leave absence. C.1RD UP THANK. We rnHh to thank our many friends for their hind svmpathy and floral of frrins in behalf ut the loss of our be loved lmhand and fsther. MI5A K. A. LVM'S AND FAMILY. CANOE. RIDE IS FATAL I1F.N H. WILLIAMS, COIIVALLIS " STCDKNT. DKOWXS. Krll Craft Caught In Swift Current and Carried Oyer Pam Com panion Iaps to Safety. OREGON AGRICULTURAL COL LEGIA Corvallls. Or, Dec. 16. (Spe cial.) Ben H. Williams, of Tasadena. CaL, who has been attending the Ore gon Agricultural College, waa drowned late thla afternoon while canoeing on Marys Rirer. The canoe, containing Williams and one companion, waa over turned Just abore the dam and It la thought the student was carried over the dam. Williams" body has not been Cole, who was with Williams, had a narrow escape. He saye that In attempting to pass from the river Into the ml'lraco they were caught In the current and carried towards the dam. The bins became excited upon seeing their peril and In their efforts to get the canoe to shore they upset it. They were carried to the edge of the dam. where Cole saved himself by holding to a timber and later working bis way to shore. Williams apparent ly became panic-stricken and, losing hla hold, went over the dam Into the ewift current below. Cole and "Cheaty" Bent, who waa in another canoe. Imme diately took up- the search for the missing boy. but were f'ced to give up and come to the city for aid. A large crowd of students and citi zens are now on the scene searching for the body. The darkness and the high water make their task exceeding ly difficult. Williams waa registered as a fresh man in the civil engineering course. He was a member of the California Club. Because of the great distance to his home he was passing hla vacation In the college town. FRIES IS PURGED OF SIN OI.on Forgives Realty Man After m Yuletlde Greetings. TuleUde peace reigns between Justice Fred L. Olson and H. W. Fries, the real estate man whom the Justice handed a Christmas package containing a war rant for contempt of court last Satur day, after Mr. Fries had fled from the court, pursued by a constable, to escape serving on a Jury. Greetings of the day were exchanged between the disputants Monday, and at that time Mr. Fries sought to place himself right with the court, but was informed that the matter must be taken up in open tribunal. The recalcitrant Juror appeared yes terday and tendered an apology. He said he appreciated the desire of the court to get good Jurors, and would not have stood out had it not been that his engagements were pressing and the method of his summoning a little Ir regular. This statement was accepted by the court in full satisfaction, and Mr. Fries went forth purged of contempt. Holy Roller Adjndged Inssjne. ASTORIA. Or, Dec. 2S. ISpecial.) Jacob Louraa. a native of Finland, 21 years of age. was examined by the County Board today and committed to the State Insane Asylum. Louma has been attending the meetings of the Holy Rollers in this city recently and had become demented on the subject of religion. Another of the attendants at the meetings of the Holy Rollers Is re ported to be mentally unbalanced and the character of their meetings is to be investigated by the Sheriff. Gnn Woman Oat of Jail. MARSHFIELD, Or, Dec 26. (Spe cial.) Goldie Bestcott. who shot Charles Murray on the street, has been released from the City Jail pending a preliminary hearing, and Is at a hotel. Thea lm Only On "Bramo Qusnsszo" THat hf Laxative Bronco Quinine tfattf rh Mtorfs) Ov B Cava OWo la Ora Omr- Murray's condition is serious and he refuses to give any statement which will has little chance of recovery. He still In any way Incriminate the woman. always remember tha fan name. tala signature on evert koc me. SWA l7aftsa Dollars Do Double Duty During Annual Clearance in. choosing from Farrell's high-grade stock' of Women's and Misses' Apparel at the price of cheapness! ABSOLUTELY NOTHING IS RESERVED FROM THE entire stock, except a few corsets. The choice things will go first. And they will go quickly '. . because x EVERYTHING WILL BE UNMERCIFULLY SACRIFICED to enforce our ironclad rule, not to carry over anything! THE R. E. FA i LL COMPANY 7th and Alder Streets Portland, Oregon