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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 26, 1912)
THE. MORNING OREGONIAN, TUESDAY, NOVE3IBER 26, 1912. REACHED IN ETTOR TRIAL Jury Agrees One Hour Afte Judge Goes Home He Re fuses to Return. FINDINGS REMAIN SECRE Conrt's Instructions Are Ettor and Glovannittl Can Only Be ConT'ct ed In Second Decree or Acquit ted Caruso Case Different. SALEM. Mass.. Nov. 25. The fate of Joseph Ettor. Arturo Giovannitti and Jnaonh Caruso, charged with responsl blllty for the murder of Anna Loplzzo in n. strike riot at xawrence Jasi m iii ter, was reported tonight to have been determined bv the Jury wnicn inea them, hut the verdict will not be known until tomorrow. Less than an hour after Judge Qulnn hud left the courthouse at 6 o ciock 10 night, with the announcement that he would not receive a verdict until to morrow, the Jurors filed from their room and went to their hotel for sup per. After supper they retired to their rooms and the report spread quickly that a verdict had been reached. Judge Quinn. it was declared, had been informed of the report, but he did not alter his decision not to accept the findings of the Jury tonight. When the iurv left the courthouse it had been deliberating five hours. Hopes of Verdict Futile. Officers of the court, attorneys In terested in the case and friends of the accused remained about the courthouse until a late hour, but hopes of a verdict were unrewarded. Late tonight It was rumored that Judge Quinn might open court at an early hour to receive the report of the Jury. The case was given to the Jury after Judge Qulnn had delivered a long charge, in which he gave the instruc tion that neither Ettor nor Glovannittl could be found guilty of murder In the first degree. "The evidence relating to these two defendants," said the court, "does not warrant conviction for murder In the first degree, because it is not contended that either premeditated the death of anyone." For Caruso the instructions did not preclude the electric chair. Should the jury find him guilty of participation In the fatal riot, the court charged. It might find him guilty of murder In the first or second degree. Hope Held for Carnao. ' A hopeful instruction for this pris oner, however, was that the Jury in order to adjudge him guilty of first degree murder must be satisfied that lie or his confederates acting with him premeditated taking a human life. The instructions also eliminated the possibility of a verdict of manslaugh ter against any of the defendants. The very nature of the indictments pre cluded such a verdict, the court as serted. Ettor and Giovannitti must be found guilty of murder In the sec ond desrree or acquitted. Hundreds of friends and sympa thisers of the defendants were in Sa lem today, walking the streets near the courthouse, until long after dark. One man. who refused to move from the courthouse entrance when ordered away by the police was locked up on the charge of obstructing the sidewalk. Ills arrest did not appear to anger the crowd and there was no demonstration when the prisoner was taken away. Police Held In Reserve. Throughout the day and night the streets near the courthouse were pa trolled and a reserve force was held on duty. , The prisoners were taken from the courthouse to the Jail as soon as the Jury retired. Giovannitti. Just before he left, received a cablegram from his mother in Italy, a message of cheer and a mother's blessing. When he had read it he showed it to Ettor . and then to their attorneys. hotel under construction at Tulsa. Oklahoma. "I told Hockln I had enough of him and McNamara at Omaha and I would not unionize the Job." said Caldwell "He replied that they would get even with me. The work later was union ized. "Frank K. Paynter, business agent at Omaha, had told us we would have to unionize the Job at Omaha, but we did not, and the work was dynamited." David J. Manning, a police official at SDrlnafield. Mass.. said that when dynamite was exploded in the lower of the Municipal building, there was one of the prisoners in a nearby station Injured. . , Plot to Blow Up Locks Told. Witnesses testified concerning whole sale explosions which the McNamaras were alleged to have contemplated, but which were prevented by the arrest of the dynamiters at Detroit and In dlanapolls in April. 1911. The ex plosions contemplated, as told by wit nesses, were: To blow up the locks of the Panama Canal. To blow up a building in Pittsburg occupied by officials of iron and steel contractors who employed nonunion men, and also to blow up offices in other Eastern' cities. To blow up the aqueduct and water works at Los Angeles. To blow up a sleeping-car to get rid of a stenographer formerly employed by the Iron "Workers Union, because she knew too much. Los Antceles Threatened. I'll blow the whole town oft the map; the people will think there has been another earthquake similar to San Francisco, said J. B. McNamara, discussing the campaign he expected to make at Los Angeles, according to Or- tle McManigaL An assertion by McManlgal that he was urged to go to Panama by J. J. McNamara as a dynamiter previously had been referred to by District At torney Miller as one of the revelations to be made at the trial. No action was taken by the court on the Government motion to Increase the bonds of six more of the defendants. Tell what. If anything, you and the McNamaras said about blowing up work on the Panama Canal," said District Attorney Miller. Plan Is to Steal Dynamite. In April, 1911, in Indianapolis, said McManlgal, "J. J. said the McCllntic- aiarsnall construction Company, a non union concern, had two years' work on the Panama Canal and he wanted to go there. He said I should go to Pan ama and enlist as a soldier, as I already had served In the Spanlsh-Amerlcaa war. I asked him If he expected me to take nitro-glycerlne to Panama. He said, 'No, the McCUntlc-Marshall peo ple have great stores of dynamite down there, lou can watch your chance to teal it. Put a wagon load in each lock.' "I didn't take much to the Panama Idea, and told J. J. so, but he Insisted he would take it up later. J. B. said at that time he had more work on the Pacific Coast. He said he was going back there with an arrangement to set off bombs by touching an electrical current miles away. He said, "I'll go out to Los An geles and undermine the acqueduct and the waterworks. Then put bombs at various parts of the city and blow the whole town off the map. The people will think there has been another earth quake, similar to the one at San Fran cisco. FISHER LISTENS 10 RESERVOIR DISPUTE San Francisco's -Right to Use Hetch-Hetchy Valley Up at Washington. RESIDENTS ARE DIVIDED Hearing- Based on Order of Ballingcr Three Tears Ago Directing City to Show Why Permit Should Sot Be J Revoked. A Gift of Last ing Usefulness and Unequaled Beauty. The wise gift-seekers who seek articles of unusual merit yet who buy shrewdly who want better than usual values will attend our Sale of 1000 Oriental Rugs LEWISTON 4 RELEASED PLOT THEORYJS ASSAILED CContlnued From First Page.) ing was blown up. when you and James B. were hunting in the woods in Wisconsin, you say he admitted to you that he deliberately killed the 21 persons, that he was a printer and that he knew he would kill some one when he put the bomb .In the Times building, and yet you continued to as sociate with him? "Ves. I did." McManlgal had said that when J. J, .McNamara, secretary of the union, planned "wholesale explosions," in cluding the blowing up of the Los Angeles City, he was afraid the execu tive board would cut off his allowance. .ow. you say McNamara, in order to pet more money, proposed to steal $150,000 by killing the treasurer of the automobile races at the speedway in Indianopolls, and yet you still kept company with these men who planned the murder?" "Tes. I did." McManlgal Telia of Payment. McManlgal told in detail how much he was paid for each Job. . hen you caused the explosion of the Llewellyn Iron Works in Los Angeles on December 25, 1910. how much did you charge for it?" "I got $525, which included my ex penses. Other witnesses Interrupted McMani- gal's examination. Mrs. Sadie Magulre testified she was a neighbor in Chicago of the McManlgal family. She said in November, 1910. the month after the Los Angeles Times explosion, at the request of Mrs. Mc Manlgal. she arranged with her uncle, Marlon bharp, of Kenosha, Wis., for McManlgal to go on a hunting trip. hen the hunters returned to Chicago. in 'January sne said she went to a theater party, one of the members of the party being a man who answered J. B. McNamara's description. She accompanied Mrs. McManlgal and the iatter's children to California after McManlgal was taken there and on re turn to Chicago, she said, she placed the McManlgal children In the care of Ed. Nockels, a labor union official. Money Paid Mrs. McMaalgal. Later she said she collected from R. H. Houlihan, financial secretary of Ihe Chicago Ironworkers' Union, 125 i week to be paid to Mrs. McManlgal. hearing Houlihan on one occasion say lo Mrs. McManlgal. 'Til give you fiS while this is going on." Marlon Sharp told of the hunting '.rip near Conover, Wls saying Mc Namara was one of the party. Oeorge W. Caldwell, member of a Firm of contractors, had explosions on his works at Columbus. Ind.. and Omaha, Neb. Hockln visited him at a THREATEXIXG LETTERS MADE PUBLIC BV SHERIFF. Davis Brothers, of Spokane, Have I'alled to Make Appearance, Due, It Is Believed, to Death Threat. LEWISTON, Idaho, Nov. 25. (Spe cial.) As a result of alleged threats on tne lives of Frank and Charles Davis. of Spokane, recently appointed by Sher- WASHINGTON. Nov. 25. Represents tlves of 'the leading National organ! zations for the preservation of National parks and scenic beauties were repre sented today at the opening of the hear ing before Secretary Fisher involving San Francisco's right to use the Hetch- Hetchy Valley " in Tosemlte National Park as a. reservoir for its water sup ply system. The hearing, in which the advisory board of Army engineers sat with Sec retary FisHer was based upon Secretary Balllnger's order of nearly three years ago, directing San Francisco officials to show cause why Secretary Garfield's permit of 1908 snouid not be revoked. The Garfield permit was based upon stipulations to be agreed to, but the city stipulated that it would first de velop the Lake Eleanor water supply, before beginning In the Hetch-Hetchy v alley, i Prominent Persona present. At the hearing today were Mayor Rolph. ex-Mayor Phelan, City At torney Long and other representatives of San Francisco: President J. Horace McFarland and Secretary D. B. Watrous of the American Civic Association; E. A. Whitman, of Boston; Dr. William F. Bade, of Berkeley, and Miss Cora Fay, of Boston, representing the Society for the preservation of National Parks; Al- den Sampson, of New York, and J. vv. Morse, Boston; Sierra Club, Robert TJn derwood Johnson, editor of Century Magazine; Representative Needham, of California, representing San Joaquin Valley Interests; E. J. McCutcheon, rep resenting the Spring Valley Water Company, which holds the present city water contract; S. T. Mather, represent Ing the Chicago Geographic Society, and other interested parties Irom various cities. To the question of scenic preserva tlon of the park, raised almost at the beginning of the hearing by President McFarland. of the American civic as sociatlon. Secretary Fisher replied that there was a "very natural feeling that the camel ought not to be allowed to put his head in the tent.1 Secretary Fisher defined tne points at Issue as follows: Whether San Francisco had another practicable source of water supply and whether through giving the use of the Hetch-Hetchy Valley, the Government would ultimately be compelled to give iin other portions of the Yosemlte rua tlonal Park to protect the water supply from contamination. Beauty to Be Unmnrred. City Attorney Long, of San Francisco. declared the project would not interfere with the scenic value of the park, nor with tourist privileges. Mayor Rolph and others said the project would fur nish the water for all the communities on both sides or Ban r rancisco mj without spoiling the beauty of the Na tional Park. Robert Underwood Johnson caused a flurry of interest by attacking Secre For here in plentiful pro fusion of choice are the rarest specimens of the most useful art that has to do with home beauti fying. Our usual guarantee is back of every rug it is not withdrawn on account of the low sale prices. Atiyeh Bros. 10th and ALDER STREET i iff Click, of this county, to assist in the I tary Fisher's authority to issue a per- I prosecution and arrest of parties al leged to have been dealing Illicitly in the traffic of liquor in Lewlston. a Prohibition district, the cases preferred against Grace Freeman, J. B. Rice, A. M. Miller and Frank Eastman, charged with disposing of liquor in a Prohlbi- mlt. Mr. Fisher responded that the au- I thorltv of the department was ample. G. C. Whipple, of New York, who has made analysis of water supply from the I Sacramento to the Penobscot, contend ing that virtually there was no danger I to the city from contamination or sew- tlon .district have been dismissed in the I age disposal in the Hetch-Hetchy, de- uistrict court. clared nrotractea stories or water, as The Davis brothers, who some months I In the impounding proposed the Hetch- ago were secured by the Sheriff's office Hetchy basin was practically as ef f I- to investigate the alleged conditions,, clent as filtration. He admitted, how have failed to make their appearance in ever, that some time between now and the court, and it Is believed bv the and the year 2000 the Hetch-Hetchy I Sheriff that it is due to threats which are alleged to have been made by Lew lston parties in anonymous letters and communications to them. Letters have been received from Frank Davis by Sheriff Click, but un til today were not made public. They contain statements that Davis has re celved from Lewlston letters which state that If he attempted to leave Spo kane that he would be "picked" before he arrived here and that he never would be able to testify in these liquor cases, and if necessary there would be an oc currence which would duplicate the Hlllsboro case in Virginia by entering tne courtroom to "get the Davis broth ers." Not only were these men threatened. says tne letter, but also the life and character of Judge T. C. Steele, who would sit in these cases. PORTLAND MAN IS WINNER Carl Waldnian to Be Second Lieu tenant in Artillery Corps. OREGONIAN NEWS BUREAU, Wash. ington, Nov. 25. Carl A. Waldman of Portland, has passed the examination ior second Lieutenant in the Coast Ar. tliiery corps. tie win oe commissioned in that orancn or tne service in a few days. water would have to be filtered. - Regulations Are Discussed. T believe." said he, "that eventually all sources of city water supply will be filtered." Much of the discussion during the afternoon was regarding the regula tions that might be necessary for sani tary protection of the watershed. Sec retary Fisher asked Mayor Rolph If. In view of Mr Whipple's statements, the City of San Francisco would feel satis fied to have no regulations to the sew age and bathing at the fount of the metropolitan water project. The Mayor saM the city would be satisfied with whatever regulations the Secretary of the Interior deemed best to issue. Mayor Rolph read a number of mes- I sages showing the co-operation of the I City of Alameda and other smaller com munities in the water supply plant. The hearing will be resumed to-1 morrow. ESTACADA PAVILION BURNS Park Building Owned by Railway Company to Be Replaced. . ESTACADA, Or., Nov. 25. (Special.) Fire of mysterious origin totally de stroyed the Estacada Pavilion, the property of the Portland Railway, Light & Power Company, which owns the city l;nrTl r A 1 1 o r-o r-vm n I park.'- The loss was about szuoo, cov- VVnCO( OHUOCO CArLUUlU ered by insurance. lames were discovered in tne rear of the building about 8 o'clock ' this morning. The fire department might I have saved the structure, had not the (Continued From Flrgt Page.) and the powder explosion followed. wiinam Doyle, a rancher, had been on the train, but jumped off for Borne reason just before the disaster. He sent word to Bandon and' the Seeley Anderson Logging Company and res cuers sianea dul . j.ne acciaent was back from the river where the road ter minates, and the' scene of the accident was reached with difficulty. The victims were pinioned under tfce wreckage of the train and logs. The injured were taken to the hospital at Bandon. The bodies of the fireman and engineer have not yet been recovered The explosion ef the powder could be heard for miles. Brakeman Ander son was a brother of Nonda Anderson who, it was at first reported, had been Injured. He some time ago bought out Seeley's Interest in the company and was managing the contract for getting out the logs under the firm name of Seeley-Anderson Logging Company. McDowell, who was Killed, came from the East, and was well known in the county, having worked for other firms here. Rose belongs to a well-known Myrtle Point family. 'L..T..--i".':-" - Change of entertainment at the Louvre. Philip Pels and Russian Court Symphonic Orchestra; Mrs. Philip Pelxl and Helen Horn, singers. Nightly, 1 1 to and 10 to 12. hose broke. It was necessary to lay 1200 feet to the nearest hydrant. A piano was moved out before the roof fell. Residents across the river say they saw two men running away from the building about the time the alarm was given. The pavilion was built by the Port land Railway. Light & Power Company about six years ago, and was one of the attractions of the park. The com pany, it Is understood, will rebuild at once. BRESNAHAN NOW OUT ST. LOtTIS' OYVXER SAYS HE DID NOT TRY HARD. Mrs. Helen K. Britton Also Asserts That Team Did Xot Make Much Money, as in 1011. as ST. LOUIS, Nov. 25. Roger Bresna- han was unconditionally released as manager of the St. Louis National League baseball team by Mrs. Helen R. Britton, principal owner of the team, who did not think he tried hard dur ing the year and because the team lost money, according to a letter Bresna han's attorney prepared today to sub mit to the directors of the National League. The letter gives Bresnahan s side of the final conference and quotes Mrs. Britton as follows:. 1 have decided to make a change in managers and will not need your services any more. I feel that you have not tried hard during the past year. The club has not made nearly Thanksgiving Market in I HE HOUSEWIFE who markets by telephone realizes the height of comfort and satisfaction. Crowded shops and other inconveniences are avoided by its use. The up-to-the-minute store gives the same careful attention to telephone orders as is shown a customer at the counter. Every merchant knows that this is the age of telephone buying that telephone trade may be secured only by giving the best selections at the best prices and by deliv ering his goods with promptness and providing a clear track to all incoming calls with adequate telephone equip ment. - , SHOP BY TELEPHONE The Pacific Telephone and Telegraph Company as much money as it did in 1911. You do not seem to take much interest in the club." The letter als'o gives President Jones of the club authority for the statement that the club earned $15,000 this year. Jones offered Bresnahan $2500 for his contract, which calls for $10,000 an nually and 10 per cent of the profits. Jones, however, the letter continues, refused to pay Bresnahan his per centage of this year's profltB unless he would surrender his contract, which has four years to run. "HUMAN BOMB" IS HELD Boird of Los Angeles Prisoner Is Placed at SCO, 000. LOS ANGELES. Nov. 25. Carl Riedel bach, alias Carl Warr, the "human bomb." was bound over to the grand Jury today by Police Judge Williams, and a few moments later the grand jury was investigating the case. Riedel bach's bond was fixed at $20,000. Rledelbach was not represented by counsel. However, he appeared to take a deep Interest in tho hearing, and frequently interrogated the witness. At the request of Chief Sebastian. Riedelbach made an accurate drawing of the Infernal machine with which he caused a panic 'at the central police station last Tuesday. He declared sev eral times that he had no intention of exploding tthe machine, but that he was "bluffing." An Indictment against Reldelbach is expected tomorrow. Sheep Thieves Kill Deputies. ALBUQUERQUE. N. M., Nov. 25. In a pitched battle with a band of sheep thieves Saturday night at San Isidro. 45 miles from Albuquerque, Pabllto Pucoro and Manuel Urchuleta, Deputy Sheriffs, were Instantly killed, and Moses Abousleman. a wealthy sheep raiser, was seriously injured. Schwartz Awarded $3000. CHEHALIS. Wash.. Nov. 25. fSpe claL) George L. Schwarts. a teamster, was awarded a verdict of $3000 dam ages In the Superior Court against tho Northern Pacltlo Railway Company for a collision with his dray wagon at Prlndle-street crossing some months ago. The coal consumption of the world ha Jut about doubled every ten jer tor the (nut cantnry. New Novel A The Net By REX BEACH A story so full of dramatic fire that it fairly snaps and crackles. Tender love, scintillating hu mor, and the violence of unbridled passion, course neck and neck through every turbulent page. Yet, when the tumult and the shouting die, one remembers only the story of a love so strong and pure and tender that it warms the very cockles of the heart. Illustrated. Post Svo, flJO net. Thanks: ivm: R otind Trips VIA Harper & Brothers TAKE ADVANTAGE TODAY of our first ANNIVERSARY SALE of Fine Wines, Liquors, Etc FREE SOUVENIRS Tuesday and Wednesday Phone Your Orders Free Delivery Main 6737, A 7775 17-19 North First, Corner Burnside OREGON ELECTRIC RY. TICKETS ON SALE NOVEMBER 27 AND 28 RETURN LIMIT DECEMBER 2 Eugene $4.50 Albany 3.10 Salem 2.00 Woodburn 1.50 Forest Grove $1.00 Cornelius 95 Hillsboro 80 Beaverton 50 Proportional Fares to Other Points Observation Parlor Cars on Limited Trains. Sleeping Car to Albany and . Eugene on "The Owl." First-class Coaches on all trains . Schedules, rail,, parlor and sleeping car tickets at .PITT TICKET OFFICE. FIFTH AND STARK STREETS; NORTH BANK STATION. ELEVENTH AND HOYT STREETS; JEFFERSON STREET STATION, FRONT AND JEFFERSON. S DREW" I X. C OfCTM I mwav f you can kick a football but you can't kick about your hat if you buy it from the knox agent ichel 331 Washington street imperial hotel bldg.