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