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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 25, 1912)
THE 3ICKIt UKtWUMAJ, n' - " JUROR DARRQW CASE IS ACCUSED Attorneys for Defense Declare Leavitt Is Not III, as He Says He Is. NEIGHBORS TO BE CALLED Filing of Formal Charges, if Court Should Refuse to Dismiss Man, May Operate to Cause Mis trial, It Is Said. LOS AXGKLE3. Julr S4. A mistrial under sensational circumstances is lm mlnent in the case of Clarence S. Dar row. on trial for alleged jury-bribing. Attorneys for the defense are said to liave charged in a conference with Judge Hutton today that the Illness of Juror L. A. Leavitt was feigned, and asked for an immediate investigation by the Court. Judge George H. Hutton and District Attorney Fredericks said late today that ther expected the trial to be re minted tomorrow morning with Juror Leavitt in the box. Notwithstanding this attitude on the part of the Court and prosecutor. Chief Counsel Earl Rogers, of the defense, said that he had Issued subpenas for several of Leavitt s neighbors, sum moned to prove that Leavitt was dis nnalified from serving as a Juror be cause of opinions as to Darrow's guilt he waa said to have expressed oeiore the beginning of the trial. Accompanying this showing will be a request that Leavitt be excused from further service on the ground of ill health and that A. M. Blakesly. the alternate Juror, be substituted for him. FaetM PmcDtrd to Judge- When the illness of Juror Leavitt was reported Monday morning, the de fense attorneys asked that the alter nate Juror. A. M. Blakesly, be installed as a regular juror so that the trial inlsht proceed without further delay. District Attorney Fredericks protest ed against such action, on the ground that it would be best to hold the 13th juror in reserve as long as possible. It was learned today that when the request for the Immediate substitution of the alternate Juror was made by at torneys for the defense. Judge Hutton was placed In possession of certain alleged facts which caused him to send to Leavitt' home a physician of his own choosing to make an examina tion. According to the defense at torneys, the physician found no symp tom of appendicitis, the ailment with which the Juror was said to be suffer ing. Felgnlnar of nines Charged. Further Information was said to have been given Judge Hutton today to the effect that Juror Leavitt's opin ion regarding the guilt or innocence of Darrow had been freely discussed at Kl Monle, his home, prior to his taking a place on the Jury, that they became a matter of common report among his neighbors. For this reason the de fendant's attorneys are said to have as serted that Leavitt feigned illness for the purpose of being excused from the Jury. t'nder the law, the alternate Juror can he used only In the event of the death or Illness of a regular Juror, and because of this provision the defense is said to have sought to avert pub licity and have Leavitt's place filled without making formal charges of dls Qualification against him. Should the court decline to excuse Leavitt and precipitate the filing of formal charges against the juror, a mis trial may result before the case goes to the Jury, in the opinion of law ycrs. PEOMUfENT FIGURES IN ROSENTHAL MURDER CASE, NEW YORX 7 ' i Cllyl W' ; tkWil it frff - i fr --Kyi &j ft fr -av -rv t i tmt m tln,tm-mnt n e I nm HISTORIC JREES .USED V ancouver Woodman to Have Ritual istic Stump of Famous Woods. VANCOtTVER. Wash.. July 24. (Spe cial.) Constructed from woods of three historic trees, the famous old witness tree, the first walnut tree planted in the Northwest, and the Hudson Bay apple tree, a stump for use in the ritu alistic work in the local camp of Wood men of the World. Is being put together by Chatneld Knight, Vancouver Camp No. 85. The walnut tree, which was planted by Guy Hayden In the early 50 s, will comprise the base and the wide top. 28 by 41 inches. The pedestal. 30 inches tall, will contain the last of the wit noss tree, to which Lewis and Clark moored their canoe after their thrilling trip down the Columbia to rort Van couver. Supports at the base, polished pieces i.f the first apple tree, have a nistory fully as interesting. In the early days when the Hudson Bay Company first founded Fort Vancouver, a young Brit ish officer straight from London came here, and from the pockets of his silk doublet produced a handful of apple seeds, which some fair English dame had laughingly given him on his de parture for the west coast of America. From these, which were planted by Governor John McLoughlin. in what is now Vancouver Barracks, the first apple tree of the Northwest sprang. Branches of this tree, which still bears fruit, will form part of the lln ished stump. The history of the his toric woods will be given in a copper plate on the polished top. and the whole will be appropriately stained and var nished, in time for exhibition during the Clark County fair this Fall. PETRIE T0BE DEPORTED Insane Man Will Be Returned fo Sa lem From Canada. SALEM. Or.. July . (Special.) Georce Petrie. alias Fraser, will be re ceived again at the asylum for the In sane, after being deported from Can ada. He now Is in a hospital at New Westminster. B. C. He originally was sent to the State Tenitentlary from Portland and from there transferred to th asylum, where he served out his term and was liberated. From here he went to Canada where he was soon taken by the authorities. The United States Immigration Com missioner st Montreal has written Superintendent Stetner that the man will be sent back to Salem and if not received at the institution must be turned at large in the community. Under the rule of the comity of states Superintendent Stainer will receive him. He says that Fetrie Is an ex ceedingly dangerous man. tVntralia Ranch Brings $25,000. CKNTRALIA. Wash.. July 24. (Spe rial. fThe big ranch of John Harm. Iwis t'ounty Commissioner, lying just west of Centralis, was sold yesterday to K. X. Axtell. who lias renturned from Alaska. The consideration was 0. WITNESS IS IN FEAR Rosenthal's Friend Dares Not Tell of Webber's Move. PERJURY CHARGE PLACED Underworld Habitues Crowd Room Where Hearing or Auto-Murder Case Is Held Man Who Saw Prisoner Flee Keeps Silent. (rnntinufd From First Page.) followers and his nerve was not equal to the task of forcing from his lips statements he had previously made to the District Attorney that he had seen "Bridlgie" Webber running away from the Metropole Hotel Immediately after Herman Rosenthal was shot dead. Relsler Feara to Talk. "I don't want to get mixed up in this." walled Rcisler. "I've got a fam ily of six children." Relsler was arrested as he was edg ing his way from the courtroom, after he had been excused from the witness stand. He was first taken to the Dis trict Attorney's office and from there to police headquarters, where he made a statement, Relsler was told by. the District At torney that he will have to tell the truth or go to JaiL Deputy Folice Commissioner Dough erty took an active part In the accu mulation of happenings that led to Rcisler's arrest. When "John the Barber" was safely behind the doors at headquarters, rn,crhoTtv said: "I have Just deliv ered to the District Attorney several Important witnesses who win not only a.ihotantlatB what Relsler originally told the District Attorney and was afraid to tell In the courtroom, Dut nin also establish the presence of Webber at the scene of the murder when Rosenthal was killed. Barber Rosenthal's Friend. Relsler has a barber shop at No. 169 West Forty-fifth street and has known Webber Jack Rose and others mixed up in the Rosenthal killing for 25 years. He was a close friend of Ro senthal The nroductlon of Relsler as a wit ness was a surprise. He had been krmicrhi to the District Attorney's of fice by Assistant District Attorney Moss and was not under suopoena. The proceedings this afternoon were sensational. Relsler was the first wit ness called against Webber, having Just come from a conference In the District Attorney's office. He said he ka Wchher in Rrnadwav near the scene of the murder after Rosen thal was slain. "Was he running?" asked Mr. Whit man. Witness Shifts Ineairily. Th vltnesa shifted uneasily in his chair and let hie eyes drift toward where Webber. Paul and others were sitting. "I don't know." he replied. "DMn't vou tell me ten minutes ago that he was, in your own words, "run- ing like r " "I was excited and don't remember," said Relsler. "Didn't you tell me In my office in the presence of Mr. Mas; that you were .fraid to tell of the case? You knew Above. Left Jack Rose, One Time Partner of Rosenthal, Alleged Ring leader In Murder Plot. Right An other Picture of Rosenthal. Below Police Ueutenant Heeker, Declared by Rosenthal to Be Pnrtner in Gamb ling House. Right Policeman File, Suspended for Inactivity at Scene of Murder. the gang you were up against and you were afraid you would be killed?" .sked Mr. Whitman. "No." replied the witness in a fright ened manner. Mr. Whitman then placed Assistant District Attorney Moss on the stand. Mr. Moss said that just before the hearing Relsler had told him and Mr. Whitman that he came from the Sub way at Times Square about 2 o'clock and in front of the Cadillac Baw Web ber ."running like " He then heard of the murder. Mr." Moss said Relsler did not want to talk about the case for fear of being injured. Barber Agnln Denies Story. Reisler was again placed on the stand and said that Mr. Moss" story was not true. When pressed with questions as to whether he had seen Webber at all he hesitated, made sev eral starts and then said he thought he had seen him. The witness said he was not afraid of being killed him self, but did not want to connect his family with the affair, as "the men In the case are bad." "Didn't you say that any man who testified against Webber would be killed?" persisted the District Attor ney. The witness denied this and the questioning was brought to a close. As Relsler was about to leave the courtroom he was arrested on a charge of perjury. Late today Reisler re quested that the District Attorney call on him in the prison, as he wanted to "talk," but Mr. Whitman will not see him until tomorrow. The District Attorney has issued subpenas for all the attendants at the Lafayette Baths, where it has been stated Harry Vallon. "Bridgle" Webber. Sam Paul and "Bald Jack" Rose appeared shortly after the assas sination and remained for the night. Detectives Withhold Answer. Mr. Whitman said he had not yet received an answer to his letters re questing the three detective lieuten ants, Becker, Riley and -Costigan, to appear as voluntary witnesses before the grand Jury. "If Lieutenant Becker comes," said Mr. Whitman, "I will ask him if he had a conversation over the telephone with Jack Rose the night of the shoot ing, and I may say that the telephone company will furnish us with the calls from Webber's or the baths on the night In question without our issuing a subpena." It was to connect Webber more closely with the case that "John the Barber" was placed on the stand. It Is believed Mr. Whitman Is laying his lines to force from Webber a statement which will implicate those "higher up" In the case. It is at the door of the "police sys tem" that the District Attorney places the responsibility for the murder of the man who had charged that the police were exacting tribute from gamblers. OHIO SOCIETIES COMBINE Old Buckeye Xatives of Portland In vited to Join Xew Club. The Ohio Society, at a meting at the Imperial Hotel last night, invited the old Ohio Society of Portland, which has not met for several years, to Jin It. The dues of the new society-were made fl a year, instead of 25 cents a month, as formerly, and the initiation fee was made 60 cents. Twenty-live applicaT tlons for membership were made last night. Preparations are being made for the society's picnic at Estacada August 4. Miss E. A. Duke was elected vice president of the society. The statement" was made last night that many families living In the East are selling their farms and will come to Portland to live, as a result of .the welcome they received during the Elks' carnival. The next meeting will be held at th Imperial Hotel a week from tomorrow night. JAPAN'S EMPEROR SEEMS TO IMPROVE Princes Summoned in Night, in Alarm, but Patient Is Mending Again. PULSE MUCH ACCELERATED Physicians Do ot Explain, but Are Hopeful Because Temperature Is Nearly Normal Public Enters Palace Grounds. TOKIO. July 25. The official bull n inri at A o'clock this morning the condition of the Emperor was more reassuring tnan mat pooieu .. o'clock Wednesday night. This morn lng's bulletin gave the temperature o i o as 7.' nuts 104- reSDir ation 32. Last night's bulletin read: "Temperature 100.4; pulse over ivv Irregular; patient increasingly fa. tigued." The physicians remained at the bed' side throughout the night, as condi- i,ma wore ennairiered unfavorable. J! minister of the household said this morning that the Emperor had slept fairly well. The acceleration of the pulse is regarded as serious, but n The 11 o'clock bulletin created alarm and the princes were summonuea u the palace at 2 o'clock in the morn i Tt,. .n.v.nflnars HttlAVpd issue UU til after 6 o'clock, when assurances were given of a pronounced improve ment. The attending physicians do not explain the cause of . the accelerated pulse, but are hopetui Decause xne iem ... ... ..inn aUm to normal. The visit of the crown prince to the Emperor yesterday is described as af fecting. His Majesty, however, was smiling. He showed great weanness but his mind was in no way clouded. Great crowds gathered outside the palace walls. For the first time in history the general public has been ad mitted, subject to approval, to the pal ace grounds In order to express con INQUIRY ON AT OAKLAND GEORGE GRAY FACES WHITE SLAVERY CHARGES. District Attorney Seems to Doubt Slory Told by Ethel Mctcalf. Confession Is Expected. DncL-Di-Dr. n- .Tnlv 54. fSDecial.) Suspected of Inducing Ethel Metcalf to leave her home at oaKiana ior im mai mirnnRM nporge Grav was re' turned here late this afternoon by a Deputy Sheriff and tonight was taken KnnVA tha i. ii n 1 4iirr fnp examination. Although she claims that she consented to leave Oakland voluntarily jjistncx Attorney Brown appears to place little nAnnr.a In fh, Blnrv tnld bv MlSS Met- calf and Is of the opinion that Gray had planned to maun ner a -vicum oi u white slave traffic This, the District , oiva wn nrohftblv avoided through their failure to get out of the country as intended. OThilA tha nrnceeriins-s Of the. grand Jury are secret it is said here tonight that Gray has made a number of ad missions to the officers which tend to contradict former statements to the ef fect that he intended to marry the girl. Miss Metcalf will undergo a grilling to morrow and it Is believed she will tell all. District Attorney Brown says he be lieves she will furnish evidence sub stantiating the theory that Gray is en gaged in the white slave traffic. LINED IS GAMBLING DEN CREW OF KOREA CONDUCTS FAST' TAN FOR PASSENGERS. Federal District Attorney Begins Crusade on Complaint of Voy ager From Illinois. cja-m tttj ATjmsno. Julv 24. A crusade against gambling on Pacific liners was instituted today wnen linlwi nia.ic District Attorney McNab. in the North ern district of California, received a letter from John N. Mills, of Evans ton, 111., complaining that fantan flourished on the steamer Korea during . , ... !, trin t n thin citv from Lne ifKBDvt a '-. . i' - the Orient. Mills, who is staying in a San Francisco noiei. wruit mai. and others who were aboard the Korea i i.jj tK. nnoftHon before the offi cials of the Pacific Mail Steamship Company. Mills Is authority for the statement . - .l. I mamhr of thft P.TP W COh - ducted the games and that first-class passengers crow auuui. and gambled. According to the latter, many of the passengers held a meet ing and filed their protest with the ,h vassal The gaming B ' " " " continued, however, in sight of officers and passengers alike. Mr McNab took action at once to prevent further gambling if it can be proved that it is a violation of the Federal laws. OREGON CITY PROTESTING Commercial Club Acts on Rumor of Southern Pacific Changing Route. OREGON CITT. Or., July 24. (Spe cial.) Oregon City residents formally protested last night at a special meeting of the Oregon City Commercial Club against a rumored plan of the Southern Pacific to route all Its fast trains on the west side, not passing through Oregon City. D. W. Campbell, general superin tendent of the Southern Pacific, was present at the meeting and assured the assemblage that nothing detrimental to the interests of Oregon City was con templated. He added that more would be done by his company for Oregon City in the near future than residents even hoped for or dreamed of. . THIRTEEN DROWN IN MINE Cloudburst Near Union town Floods Colliery and Catches Miners. UNIONTOWN. Pa.. July 24. Caught like rats In a trap, when water rushed into the manway of the Superba No. 2 coal mine at Evans station, three miles nnrth Af TTnlnntown. following a cloud burst today, 13 men were drowned and 37 escaped after a harrowing experi ence. The men were drowned 4000 feet from the mouth of the mine, their only avenue of escape. The majority of the victims had large families and about 30 children are de prived of their breadwinners. The men who escaped were forced to half swim and half walk to the pit mouth through water ranging in depth from their waists to their necks. The majority of the miners who es caped were knocked down by Umbers that were sent down the mine with great velocity In the raging current. Several were being carried back in the mine to certain death when rescued by their companions. It was said tonight by officials of the Superba Company that it will take-at least 60 days to clear the mine of water and until that time bodies must remain in the mine. Superintendent Buttermore was the first man to see the high water start in the manway. He raised the alarm and all the men on the outside rushed to the mine, yelling loudly as they went. Because of this more than half the miners were saved. The wives and families of the miners and drivers in the mines when the alarm was raised rushed to a large hole made by the rushing water at the manhole and threw bushes, poles and whatever timber they could find into the water to stop Its onrush. Falling In that, they rushed to the mouth of the mine, but were stopped by the men who guarded the entrance. Several large pumps will be placed in the mine tomorrow and everything pos sible will be done to get the bodies. The water rose so quickly following the cloudburst that it practically de stroyed all railroads and street rail ways In Fayette County. VOTE "REFORM" FOUGHT CLEMENCEAU MOVES AGAINST MINORITY REPRESENTATION. Ex-Prcmler Contends That Majority Rule Is Foundation of French Republic. PARIS. July 24. Senator Gorges Clemenceau, formerly Premier, today opened the Senatorial opposition to the electoral reform bill adopted by the Chamber of Deputies on July 10. M. Clemenceau's first move against the government takes the form of an open letter addressed to Premier Poincare, attacking his attitude in carrying the bill through the lower house of Parlia ment. The bill would abolish the system of small constituencies, in which each elector votes for one deputy only, and substitute for it the system of voting by which each elector votes for as many deputies as the entire department has to elect. It also introduces a sys tem to provide for the representation of minorities by which the seats would be divided proportionately among the candidates of the different parties. M. Clemenceau argues that Premier Poincare carried- the bill with the help of the votes of the reactionaries and revolutionists, who will desert him at the first opportunity. He contends that the majority rule is the founda tion of the French Republic and any abandonment of it will be a "disastrous mistake." AMATEUR AIRMAN FALLS E. F. GAIXATJDET, RICH AVI ATOR, SERIOUSLY INJURED. Machine Drops 100 Feet When Sharp Turn Is Attempted Mono plane Is of Original Type. HEMPSTEAD, N. Y., July 24. Ed ward F. Gallaudet, a wealthy amateur aviator, well known in New i ork, while flying on the aviation field at Hempstead Plains today, fell with his machine from a height of about 100 feet and was seriously injured. Gall audet was flying in his original type of monoplane, which is equipped with a 100-horsepower motor. When about 100 feet in the air Mr. Gallaudet made an acute right turn, when his monoplane, evidently lacking sufficient momentum, dropped like a plummet, burying its nose In the ground. Mr. Gallaudet still was unconscious when the hospital was reached. It was found that he had received a severe scalp wound, a deep cut on the chin and left eye. His. right leg was so badly cut that an artery was severea. Fischer Estate Valued at $500. OREGON CITT, Or., July 24. (Spe cial.) County Judge Beatie yesterday appointed August Fischer administra tor of the estate of Adolph Fischer, who died from injuries received in a streetcar accident, l ne esiata, wmcn i ..Hralr rf nftpuinnl nrntt. 19 LUlllliuoCT, cin-i''J r - r erty. Is valued, at J5000. Fischer while trying to board, a car in xnis city two b. a11 linear it. hta riht leg being severed at the knee. He died two days later In the Oregon nos- pltal. xiis nome was i r WI Bank Pays Bright Old Dollars. -UI-HAT.TK Wash. Julv 24. (Sps l 1 . A ln.al hntilr Is navlng out h0ht now silver dollars, which, de spite their new appearance, have been coined for 33 years, xne nver uunom came in a shipment from the San Francisco sub-treasury, where they have been stored since ine year iney were made. Women to Be on Jury Iiist. fPMTDil.Ti U'ssh -Tlllv 24. fKne- .1.1 CMt-ntv PlArlr Mnntfort and his deputy are engaged in preparing a Lewis county jury nsi ior me ensu ing year. women s names win ue i . . i. lie-, ihl. i.Aat ThA wnrlr piat.i;u vi 11 ine i.ot. . " ' -' J - will take about a year for completion. Aunt Sally's Advice to Beauty Seekers v r F. asks: "Will you tell me how to get my hands white and soft? They hin hecoma rough and are so dark in contrast to my arms." The method men tioned In reply to Elolse will bring the desired results: wear gloves to prevent soiling the bed linen. D. N. A. writes: "How can I reduce a double chin? Also how get rid of crow's feet?" Use a wash lotion prepared by dissolving 1 os. powdered saxolite in pt. witch hazel. This tightens the skin, tending to disperse wrinkles as well as flabbiness about the .chin or elsewhere. Eloise says: "My freckles are worse than ever this year, made doubly con spicuous by a pallid complexion. Is there any cure?" Ask your druggist for an ounce of mercollzed wax, apply nightly like cold cream, removing In the morning wttn warm water, ab iuc wax gradually absorbs the lifeless cu ticle, not only will the freckles vanish, but the new and younger skin which appears will have a healthy color. Probably you will need to continue treatment a week or more. Woman's Realm. Adv. JL ershandik of -Merit Only.. REMOVAL SALE Every Article Reduced A Disposal of Pretty House Dresses That Sell Regularly at $1.75 Removal $1.29 House dresses of light and dark percale. The dark percale dresses can be had in navy, cadet and black with white. Made with round and sailor collar neck styles. Plain waists and set-in sleeves. The skirt has a raised waist line in a plain style with a pleat at the back. The light percale dresses come in black or navy blue figured and a few stripes. Made with round neck and a round collar. Also a few with yokes. Made with set-in sleeves, raised waist line, and others finished at the waist with a belt. Plain skirts and skirts with panel back. He's Manager of the Browns George Stovall, recent re cruit to the company of major league managers, is a Coca-Cola enthusiast he Drinks 1 i and doesn't hesitate to write us what he thinks of it Read What He Says St. Louis, June 4, 1912. (5 HlfWTI.PMF.N: Vnn are- at lihertv to use mv name in connection with your advertising of Coca-Cola, as one who has found this drink enjoyable and beneficial. Yours truly, GEO. T. STOVALL. Are vou fan, athlete, player? You'll say the same once you try this wholesome and delicious beverage. Demand the Genuine Refuse Substitutes THE COCA-COLA CO. Atlanta, Whenever vou see an Arrow think of Coca-Cola. ARE YOU ACCEPTING ORDINARY ICE CREAM OR ARE YOU INSIST ING ON THE BEST It's only a question of getting what you ask for. Weatherly Ice Cream has been .the stand ard of perfection in Portland for a fifth of a century. Its deliciousness and healthfulness result from the pure cream, sugar and fruit flavors that it is made of. It costs no more than ordinary ice cream. Insist on your dealer giving you Weatherly. Phone us for the name of a Weatherly dealer near you. CRYSTAL ICE & STORAGE CO. EAST 244
