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.